HomeMy WebLinkAbout2018-02-13 Agenda with BackupCity of Denton
Meeting Agenda
City Council
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton. com
Tuesday, February 13, 2018 12:00 PM Work Session Room
After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a
Work Session on Tuesday, February 13, 2018 at 12:00 p.m. in the Council Work Session Room at City Hall,
215 E. McKinney Street, Denton, Texas at which the following items will be considered:
1. Work Session Renorts
A. II) 18�149
Attachments:
B. II) 18�221
Attachments:
C. II) 18�222
Attachments:
D. II) 18�223
Attachments:
E. II) 18�22F�
Receive a report, hold a discussion, and give staff direction regarding a request for a
resolution of support from a developer applying for 9% housing tax credit with the state.
Exhibit 1- Aqenda Infarmatian Sheet
Exhibit 2 - Presentatian
Exhibit 3- Map af HTC prajects and MF Develapments
Exhibit 4 - Palladium Teasley
Exhibit 5- Kapak (Request V�lthdrawn by Applicant)
Receive a report, hold a discussion, and give staff direction regarding current City of
Denton facilities and how to proceed with planning for future space needs regarding the
Denton Service Center, Traffic Operations Building, and storage facility located at 651
Mayhill Road.
Exhibit 1- Aqenda Infarmatian Sheet -Facilities.dacx
Exhibit 2- Pawer Paint Presentatian
Receive a report, hold a discussion, and give staff direction regarding an overview of
homelessness initiatives and research on tent encampments.
Exhibit 1- Aqenda Infarmatian Sheet
Exhibit 2- Citv af Dentan Fundinq Cantributian
Exhibit 3 - DCHLT cammunicatians
Exhibit 4 - Presentatian
Exhibit 5- Tent Citv Research
Receive a report, hold a discussion, and give staff direction regarding the formation of a
community focus group to review and provide recommended updates to the Parks and
Recreation Depariment's (PARD) Integrated Pest Management (IPM) program.
Exhibit 1 Aqenda Infarmatian Sheet.pdf
Exhibit 2 Presentatian.pdf
Exhibit 3 2001 IPM.pdf
Receive a report, hold a discussion, and give staff direction regarding a proposed
expedited competitive process for Professional Engineering services for the City's public
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City Council
Meeting Agenda February 13, 2018
works infrastructure and the Capital Projects program.
Attachments: Exhibit 1- AIS
Exhibit 2- RFQ 6590 Enqineerinq Services
Exhibit 3- RFQ 6590 General Pravisians
Exhibit 4- RFQ 6590 Statement af Wark
Exhibit 5- Prafessianal Services Presentatian
F. II) 18�259 Receive a report, hold a discussion and give staff direction regarding potential polling
locations for the May 5, 2018 City Council election.
Attachments: Exhibit 1 Aaenda Infarmatian Sheet
Exhibit 2 Prapased Pallinq Lacatians by Precinct
Exhibit 3 City Cauncil Vater Districts
Following the completion of the Work Session, the City Council will convene in a Closed Meeting to consider
specific items when these items are listed below under the Closed Meeting section of this agenda. The City
Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent
with Chapter 551 of the Texas Government Code, as amended, or as otherwise allowed by law.
1. Closed Meeting:
A. II) 18�2F�1 Consultation with Attorneys - Under Texas Government Code, Section 551.071.
Consult with the City's attomeys regarding status and legal issues associated with an
engagement to complete an audit and investigation previously initiated by the City's former
Internal Auditor, and legal analysis relating to preliminary findings associated with said
audit and investigation, where a public discussion associated with these legal matters
would clearly conflict with the duty of the City's attorneys to the City of Denton and the
Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the
State Bar of Texas.
ANY F1NAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED 1N A CLOSED
MEETING WILL ONLY BE TAKEN 1N AN OPEN MEETING THAT IS HELD 1N COMPLIANCE
WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH F1NAL
ACTION, DECISION, OR VOTE IS TAKEN 1N THE CLOSED MEETING 1N ACCORDANCE WITH
THE PROVISIONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE `PUBLIC POWER
EXCEPTION'). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN 1NT0 A CLOSED
MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV'T. CODE, §551.001, ET
SEQ. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA
OR TO RECONVENE 1N A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED
MEETING ITEMS NOTED ABOVE, 1N ACCORDANCE WITH THE TEXAS OPEN MEETINGS
ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE TEXAS OPEN MEETINGS
ACT.
Following the completion of the Closed Meeting, the City Council will convene in a Special Called Meeting to
consider the following items:
L ITEMS FOR INDIVIDUAL CONSIDERATION
A. II) 18�2F�2 Consider adoption of an ordinance authorizing the amended engagement of the law firm of
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City Council
Meeting Agenda February 13, 2018
Lynn, Ross and Gannaway, LLP, and the BKD, LLP accounting firm, to complete a
previously initiated audit and investigation, pursuant to the terms of the attached revised
contract for professional services; and further amending the previously authorized
expenditure of budgeted funds for this engagement, in an amended amount for past and
anticipated professional fees and expenses, not to exceed the aggregate and inclusive
amount of $142,000; repealing, superseding, and replacing in its entirety Ordinance
2017-368; and providing an effective date.
Attachments: Exhibit 1 Aqenda Infarmatian Sheet
Exhibit 2 ardinance
2. PUBLIC HEARINGS
A. A17�OOOF�b Hold the second of two public hearings for a voluntary annexation of approximately 0.30
acres of land generally located on the east side of Old Alton Road, south of the
intersection of Old Alton Road and Teasley Lane.
Attachments: Exhibit 1- Aqenda Infarmatian Sheet
Exhibit 2- Site Lacatian Map
Exhibit 3 - Zaninq Map
Exhibit 4 - Staff Presentatian
Exhibit 5 - Draft ardinance
3. CONCLUDING ITEMS
A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council
or the public with specific factual information or recitation of policy, or accept a proposal to place the
matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open
Meetings Act, provide reports about items of community interest regarding which no action will be taken,
to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules;
an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about
an upcoming event organized or sponsored by the governing body; information regarding a social,
ceremonial, or community event organized or sponsored by an entity other than the governing body that
was attended or is scheduled to be attended by a member of the governing body or an official or employee
of the municipality; or an announcement involving an imminent threat to the public health and safety of
people in the municipality that has arisen after the posting of the agenda.
CERTIFICATE
I certify that the above notice of ineeting was posted on the bulletin board at the City Hall of the City of
Denton, Texas, on the day of , 2018 at o'clock (a.m.) (p.m.)
CITY SECRETARY
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City Council
Meeting Agenda February 13, 2018
NOTE: THE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM IS ACCESSIBLE 1N
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE
SIGN LANGUAGE 1NTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48
HOURS 1N ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY
SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE
DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE 1NTERPRETER CAN
BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE.
Page 4 Printed on 2/9/2018
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
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Legislation Text
File #: ID 18-149, Version: 1
AGENDA CAPTION
Receive a report, hold a discussion, and give staff direction regarding a request for a resolution of support from
a developer applying for 9% housing tax credit with the state.
City of Denton Page 1 of 1 Printed on 2/9/2018
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DEPARTMENT:
AGENDA INFORMATION SHEET
City Manager's Office
CM/ DCM/ ACM: Todd Hileman
DATE: February 13, 2018
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding a request for a resolution of support
from a developer applying for a 9% housing tax credit with the state.
BACKGROUND
The Texas Department of Housing and Community Affairs (TDHCA) offers a Housing Tax Credit program
as one of the primary means of directing private capital toward the development and preservation of
affordable rental housing for low-income households. Typical projects include apartment complexes, rental
townhomes, mixed-income and mixed-use properties, supportive housing for those with special needs, and
independent living facilities for seniors.
There are two types of Housing TaY Credit (HTC) programs available: a 4% (non-competitive) and a 9%
(competitive) program. Both programs have unique features and rules; however, in general, current policy
from the TDHCA requires that developers receive resolutions of support or no objection from the
municipality in which the project is located.
With direction from Council, staff has drafted an application and policy for developers requesting
resolutions of support for housing tax credit projects. The goals of implementing an application include
establishing expectations with applicants, increasing transparency, and streamlining the review process of
proj ects for Council.
DISCUSSION
TDHCA sets policy and timelines for the Housing Tax Credit program annually. In December 2017,
TDHCA released its 2018 timeline for 9% requests with pre-applications due by January 9 and final
applications due by March l, 2018. Developers would need to submit any resolutions of support with their
final application by March 1.
Due to the quick timeframe, staff communicated with interested developers to submit requests using the
draft HTC application to allow time for staff to review with the developer and prep for City Council
consideration. Below is the timeline:
• Jan. 12: Developers submitted applications to staff
• Jan. 19: Staff inet with the developers to review and request any additional info
• Feb. 13: Present the requests and projects at a City Council Work Session
• Feb. 20 or Feb. 27: City Council consideration for resolutions of support
Staff received two applications with both developments proposed to be new construction, mixed market
rate and affordable rate, multifamily rental developments:
l. Palladium Teaslev — Palladium Teasley is a 120-unit development by Palladium USA located
northwest of Teasley and Hickory Creek Road, just north of the Sprouts grocery store.
2. Kapok — Kapok was a 104-unit development proposed by Saigebrook Development located
southeast of McKinney and Mayhill Road.
Applications for 9% housing tax credits are very competitive at the state level. As of January 24, through
the state's pre-application process, 76 projects applications had been submitted for this region with over
$109M in credits requested and only $132M available to allocate. Both developers commented to City staff
during the review meetings that it may be very difficult to secure the credits and funding. Additionally,
projects located in Denton County are at a disadvantage this year as projects located in counties where the
Governor's office has declared a disaster area in the last two years receive an additional 10 Disaster Area
points.
On February 5, 2018, staff was contacted by Saigebrook Development with notification that they were
withdrawing their request for support for their Kapok project. After reviewing a recently published list of
TDHCA applicants, Saigebrook Development determined that their project in Denton would not be
competitive and they decided to not pursue the tax credit application further. A letter to formally withdraw
their request for support is included in Exhibit 5.
As such, there will be only one 9% HTC request for support for City Council review for the Palladium
Teasley project. Below is a summary of the project highlights. Staff will present to Council on February 13
and the developer will be in attendance for any questions.
PROJECT: Palladium Teasley Lane by Palladium USA
• Project Type: New construction, multifamily rental development.
• Location: Northwest of Teasley Lane and Hickory Creek Road (adjacent to Sprouts Grocery).
• Zoning: CM-G District. Multi-family is permitted with the following limitations: L(4) - SUP or
Mixed Use Development, and L(6) — commercial use of the ground along any avenue, collector, or
arterial street. A public hearing and consideration of adoption of an ordinance for a Specific Use
Permit is required.
• Preliminary Site Plan: Four 3-story buildings with a clubhouse and surface parking. Please note
that the site plan provided is preliminary and the applicant will need to proceed through planning
& zoning review and approvals.
• Unit Breakdown: Total of 120 units, split with 90 affordable units (75%) and 30 market rate units
(25%). More detail provided in the chart in the presentation.
• Project Characteristics:
o Services Provided — The developer discussed services their company provides at other
HTC projects, including tutoring for children, financial planning, credit counseling
courses, health fairs, and kids recreational programs. They partner with churches and non-
profits to help provide these services to tenants. In addition, the developer explained that
they focus on helping to build relationships amongst tenants to foster a community
environment. For example, they hire "Resident Retention Specialists" called CARES
Teams from an organization called Apartment Life. These CARES Teams are usually a
married couple that attend a local church that will be provided a free apartment in order to
build the culture of community by hosting events and facilitating friendships.
o Development would pay property taxes. A pro forma for a like project, the Palladium
Denton, was included.
• Developer: Palladium USA is a developer of rental housing around the world for over 140 years.
Palladium builds, holds, and manages its own properties for the long-term. Due to them managing
the properties themselves, they are concerned with long-term maintenance of buildings and
managing the resident population well.
• Experience: Other HTC projects completed in Texas were listed. The Palladium Denton, at the
corner of Sherman Drive and Poinsettia, received approved of a zoning request by City Council in
December of 2017 and construction is planned to begin by early summer of 2018.
Both developers provided feedback to staff that the application process was pretty easy and straight forward
and that it provided expectations regarding the review process and timeline for consideration by City
CounciL It was suggested that some stated criteria or preferences would be helpful to have better
predictability of which developments or projects would be supported. Staff will use this feedback, as well
as feedback provided from the Denton Housing Authority in December, to bring back an application and
policy for City Council consideration, likely sometime in March.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Staff presented a draft application and policy to review requests of support for housing tax credits to City
Council on June 27, 2017 and October 10, 2017.
The City Council held a joint work session with the Denton Housing Authority on December 4, 2017 to
discuss the draft application and policy among other topics.
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:
Related Goal:
and programs
Safe, Liveable & Family-Friendly Community
4.5 Provide support to citizens in need through social service agencies
EXHIBITS
1. Agenda Information Sheet
2. Presentation
3. Map of HTC Projects and Map of Multi-family Developments
4. Palladium Teasley Lane by Palladium USA
5. Letter of Withdrawal for Kapok by Saigebrook Development
Respectfully submitted:
Sarah Kuechler
Director of Public Affairs
Ron Menguita
Senior Planner
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2018 Request for Support
Palladium Teasley Lane
1/12/18
1. PROJECT INFORMATION
a. Project name: Palladium Teasley Lane
b. Physical address of the project: west side of Teasley Lane and north of Hickory Creek Road (adjacent to
Sprouts Grocery)
c. Census tract number: 48121021406
d. School district(s): Denton ISD
e. Project type: (Multi-family / Elderly / Supportive Housing / Other) Multifamily focused on workforce housing
f. Role of applicant: (Owner / Developer / Other ) Owner/Developer/Management Company
g. Housing Tax Credit application for: (9% HTC or 4% HTC) 9%
h. Applicant is requesting City Council resolution: (of Support / Stating No Objection) Support
i. Is the property new construction or renovation? New Construction
j. Total number of units: 120
2. APPLICANT INFORMATION
a. Name: Palladium Teasley Lane, Ltd.
b. Business/Street address: 13455 Noel Road, Suite 400
c. City, State, Zip: Dallas, TX 75240
d. Telephone number: 972-774-4435
e. Contact person: Ryan Combs
f. Contact telephone: 972-774-4435
g. Email address: rcombs@palladiumusa.com
h. DUNS #: TBD
i. Federal Tax ID: TBD
j. Have you developed other Housing Tax Credit projects? If yes, please list project names and addresses:
1. Palladium Aubrey — 500 Highmeadow Rd, Aubrey, TX 76227
2. Palladium Midland — 2300 S Lamesa Rd, Midland, TX 79701
3. Palladium Van Alstyne Senior Living — 870 Blassingame, Van Alstyne, TX 75495
4. Palladium Anna — 2020 Florence Way, Anna TX 75049
5. Palladium Garland — 905 W I-30 Frwy, Garland, TX 75043
6. Palladium Fort Worth — 9520 Club Ridge Drive, Fort Worth, TX 76108
7. Palladium Glenn Heights -
8. Palladium Denton — address TBD
k. Please list names and addresses of all other affordable housing projects which you have developed: See item
j. above
3. PROJECT NARRATIVE
A project narrative must be attached to this application and briefly address, at a minimum, each of the following
items:
page 1
a. Provide a preliminary site plan for the proposed project; See attached.
b. Describe any tenant restrictions (e.g. income or age restrictions) and services, if any, to be provided to or
made available to residents;
We will have up to 20% market rate units in this development. In addition, a vast majority of the
remaining units will serve the workforce that earns 50-60% of the area median income ($73,400). We will
have about 8% of our units serve residents making 30% of the area median income.
We will commit to reaching out and working with local nonprofits such as Apartment Life and local
churches to provide real and substantive services for our residents. Among these, but not limited to, are
services such as tutoring for children, financial planning and credit counseling courses, health fairs, and kids
recreational programs.
c. List basic amenities and unit amenities proposed for the project;
Development Amenities:
• Resort Style Pool
• Fully appointed clubhouse with fitness center, business center, club room and common
area
• Parklike setting with pergola and bar-b-que grills
• Playground
Unit Amenities:
• Granite countertops
• Upgraded cabinetry in kitchens and bathrooms
• Vinyl plank (wood look) flooring instead of carpet in the living and dining rooms
• Upgraded and high end fixtures
d. Describe current zoning of property. Include a letter from the City of Denton's Development Services
Department verifying that the current zoning of the site for the proposed project is compatible with the
anticipated use, or include documentation verifying that a request to change current zoning has been
submitted;
The current zoning is CM-G which allows multifamily use as a part of a mixed used development. Our
multifamily satisfies that requirement as we are a part of a larger development that includes a Sprouts
Grocery store as well as some other retail uses.
e. Demonstrate the project's compatibility and alignment with the priorities stated in the City's Comprehensive
Plan, Future Land Use Map, and any other applicable master, strategic, and redevelopment or neighborhood
plans adopted by the City of Denton;
The purpose of the CM-G District is intended to provide the necessary shopping, services, recreation,
employment and institutional facilities that are required and supported by the surrounding community. This
zoning is typically located in areas with easy access, such as along major roadways or the intersection of local
roads and arterial streets. Most commercial and institutional use are permitted by right. Multifamily is
permitted as part of a mixed use development. The use does conform to the Future Land Use plan.
f. Describe the involvement and support from local stakeholders and neighborhood organizations; include a list
of stakeholders and neighborhood associations contacted; We are working with the owner of the property
who has developed the adjacent retail including the Sprouts grocery store.
page 2
g. Describe the impact the project is anticipated to have on surrounding neighborhood(s); We do not anticipate
any impact on neighborhoods in the area.
h. Describe the impact the project is anticipated to have on existing affordable housing in the area;
Quality affordable housing for the workforce is incredibly underserved in the region and we do not expect any
negative impact on existing product in the market.
i. Describe the impact the project is anticipated to have on City infrastructure; including the impact of traffic
associated with the proposed project;
We are proposing 120 units which is a lower density development. We do not anticipate a large amount of
traffic being generated from our development.
j. Describe the availability of and impact the project is anticipated to have on public transit service;
Our development targets workforce and will have adequate parking onsite for personal vehicles. We do not
anticipate any impact on public transit services.
k. Describe the impact the project is anticipated to have on area schools;
We are proposing 120 units of multifamily. The National Association of Home Builders states that multifamily
generates 20 school aged children for every 100 units. Therefore, we anticipate that our development will
have approximately 25 school aged children living in it. The majority of those children already live in the area
and go to Denton schools. Therefore, our impact on Denton ISD will be minimal.
I. Attach letters of support or opposition from the school district and county.
4. FINANCIAL NARRATIVE
A financial narrative for the project must be attached to this application and briefly address, at a minimum, each
of the following items:
a. Provide a pro forma statement for the project;
We do not have a full pro forma for this development yet as we are in the beginning stages of pursuing the
tax credit funding to make this development a reality. However, attached is a pro forma for our Palladium
Denton development that was approved this past spring. The pro forma for Palladium Denton is a typical
structure and will be similar to how this development will work.
b. Describe the taxable status of the development. Indicate whether the development will be paying property
taxes or if the development will be tax exempt;
This development will pay its full property taxes.
c. If tax exempt, provide:
i. A projected loss of property taxes (to each taxing entity and in total) over the 15-year period, and
include assumptions and comparable properties utilized;
ii. A copy of the fiscal year budget and strategic plan of the non-profit housing partner;
iii. A detailed plan clearly showing how project revenues will be distributed, including uses by the
non-profit housing partner and community contributions and investments.
page 3
d. Provide a true-up of any LIHTC projects previously supported and approved by the Denton City Council.
In 2017 City Council supported Palladium Denton located at the corner of Sherman Drive and Poinsettia.
Planning and Zoning approved a zoning request that was subsequently approved by City Council in December
of 2017. We plan to begin construction of that workforce housing apartment community by early summer
2018.
5. CHECKLIST
� Project Narrative (from Section 3), including following attachments
� Preliminary Site Plan
�,�"tG' G.�O',b 11�0"b� P�"v��✓G' �Pb➢�� b,JG'� S�:II�G.� S�V"G'. �II� G.�➢`md�,:1111`w�w➢0"bll�`w �"t"V�P� �➢�"y/ `tm"�:5����
❑ Letter of zoning verification . . pp p p °
d�,`0 "b II ��.`G'''V":II � ll II ��i�� 0';,b 11 II V" �.` 11 II'V"'V"G' II �� �,0',b II � ll II ����» � G' �^✓'V.4 4 G.� ➢�w �.:�" V" II �� P b�'. IU" G' `�"�'
����V�b tl�:;uu-�^�����u-�� �^��uV�b �V:��b�°uu- �����✓u�.°�° �u:u�� V�b�° :u���°��u- tl�i��V:�uu-�v�..�
❑ All letters of support and/or opposition
�^�"�' �bS����✓�' II��"u ��'VV�'V"�� �';uu �"u�����„u�wuVu�"u:ll� �"uu" �w�ll�����"u'u-�4�
❑ Letters of support and/or opposition from the school district and county
� Financial Narrative (from Section 4), including following attachments
0 Pro Forma Statement
N/A ❑ If tax-exempt, projected loss of property tax, annual budget and strategic plan of non-profit housing
partner, and detailed plan for how projected revenues will be used
� True-up of any projects previously approved by the Denton City Council
� Location map including other affordable housing within a two-mile radius
� TDHCA self score
� Census tract map with site identified
� Community assets map ���`���: �^�"uV�b �.���,Vs�u��.°���� uu��.:��.aia.��°a.�,�
6. SUBMISSION INFORMATION
The Community Development division serves as the City's primary staff and point of contract for all TDHCA
programs. Before a project will be evaluated, each applicant requesting support must submit a completed
application with all attachments.
City of Denton 2018 Important Dates:
January xx, 2018: Application Deadline
page 4
February xx, 2018: Presentation from Applicant(s) at City Council Work Session
March xx, 2018: Consideration of Resolution(s) at City Council Meeting
Completed applications should be submitted to:
7. CERTIFICATION
I, Ryan Combs (name), Authorized Representative (title) of Palladium Teasley Lane, Ltd. (Applicant name)
certify that all of the information in this application and exhibits is true and complete to the best of my
knowledge. The statements are made for the purpose of obtaining a resolution or resolutions from the Denton
City Council. I understand that false statements may result in forfeiture of benefits and possible prosecution by
the City Attor ey.
--' — (signature)
1/12/ (date)
page 5
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Palladium Teasley Lane
Opportunity Index — Amenities List
Palladium Teasley Lane is located entirely within a census tract that has a poverty rate of less than 20%
and a median household income rate in the two highest quartiles in the region (2 Points).
Census Tract: 48121021406 (15Y Quartile; 2.5% Poverty)
1. Within 1-mile of a full service Grocery Store.
Kroger
5021 Teasley Lane
Denton, TX 76210
2. Within 1-mile of a pharmacy.
Walgreens
5000 Teasley Lane
Denton, TX 76210
3. Within 3-miles of a health related facility.
Minor Emergency of Denton
4400 Teasley Lane, #200
Denton, TX 76210
4. Within 1-mile of indoor recreation.
24/7 Neighborhood Gym
5017 Teasley Lane, #161
Denton, TX 76210
5. Within 5-miles of an accredited university.
University of North Texas
1155 Union Cir
Denton, TX 76203
page 11
App Number
Target Pop
Population
Census Tract
Quartile (2017 Site Demo)
Poverty Rate (2017 Site Demo)
Zoning
Under Contract
NOTES
Unit Size
Unit and Development Features
Sponsor Characteristics (HUB) _
Income Levels of Tenants
Rent Levels of Tenants _
Tenant Services
Opportunity Index
A.1 - 1 st or 2nd Quartile with <20% povertv
A2 3rd Quartile next to 2nd (1 pt)
B.1 - 1/2 Mile from Playground
B.2 - 1/2 mile from Pub. Transportation
B.3 - 1 mile from Grocery or Pharmacy
B.4 - 3 miles from Emergency Room or
Urgent Care
B.5 - 2 miles from child care
B.6 - crime rate of 26 per 1 000
B7 - 1 mile from public library
B.8 - 5 miles from University or Comm
College
B.10 - Age 25 with Assoc Deg > 27%
B.12 - 1 mile indoor recretion
B.13 - 1 mile outdoor recreation
B.14 - 1 mile of church or civic club
B.15 - Meals on Wheels service area
Underserved Area
C. CT with no HTC ever
D. CT with no HTC under 15 yrs
E. CT with no HTC or contiguous no
(Pop 150k or morel
Proximitv to Urban Core
of 200k or more - 2 miles
Pop of 500k or more - 4 miles
Special Housing Needs _
LPS Funding _
Declared bisaster Area
Financial Feasibility
Cost of Development/Sq.Ft.
Pre-Application Participation
Leveraging of Resources
Extended Affordability or Historic
Pres.
Right of First Refusal
Fundinq RequestAmount
..�..��B,nl �a.�B9 �M1g�r� �I��d� �,°���a'�:� �"+,�qnB:+�
Denton
Teasley Ln
18068
General
122,742
48121021406
1 st
2.5%
CM-G
Yes
M ax
Proqram
Points
8 8
7 7
2 _2
16 16
13 _ 11
11 10
7 •, _
2
3 _3
0 0
18
12
6
3
1 „" ,,,i .1.1;';,'1
Sreakdown of Self Score:
Palladium Teasley Lane scores as much as is possible
in Denton County as it sits in a Census Tract with
very little poverty (2.5%) and is in close proximity to a
large number of community assets under the
Opportunity Index. However, the City of Denton is at
a real disadvantage this year due to Denton County
losing 10 Disaster Area points to counties such as
Collin, Dallas, Ellis, Rockwall and Parker Counties.
These Disaster Area points are statutorilly driven so
there is little that can be done to change this as
Denton County has not received a disaster declaration
from the Governor's office in the past two years and
those other counties have. However, there will be 7 to
8 deals get funding awards in the DFW region and we
believe there will be NIMBY fall out in those areas that
get the extra 10 disaster area points which will give
our application a chance to get reached. The truth is
that the City of Denton is at a real disadvantage this
year and any funding awards would be due to fallout
elsewhere. With this said, we believe in the City of
Denton and the opportunity that is there so we are
willing at our own expense to try and secure this
funding anyway.
page 12
The Developer, Owner and Manager
Palladium USA is a developer of top quality rental housing around the world. We have existed for well over 140 years by holding
to certain values. First, we are not a property flipper. We build, hold and manage our own properties long term. Currently we
have properties in Western Europe that we have owned for over 100 years. Because of our long term commitment to our
developments, we manage our properties ourselves as no third party management company would be willing to give our
properties the attention we need in order to maintain them well for generations. For more information about Palladium USA,
please look us up at ��vw,��a�llll„a���i°i„u�irn7_u�w�,_a-�rirn7.
• Palladium is not a merchant builder who builds to sell. Instead we prefer to hold our properties and plan to hold our
developments for decades.
• WE MANAGE OUR PROPERTIES OURSELVES. This is extremely important as 3rd party managers are only concerned with
getting the most rent and are not as concerned with long term maintenance or managing the resident population well.
• Omnium Management (Our in-house management company)
o Each resident who wishes to live at our property will be required to go through an extensive background check.
o We hire "Resident Retention Specialists" called CARES Teams from an organization called Apartment Life. These CARES
Teams will be a married couple that attend a local church that we will give a free apartment to in order that they build the
culture of community by hosting events and facilitating friendships.
o The national average tenure for apartment renters is 11 months. We have achieved an avera�e tenure of over 20 months bv
intentional management and creating an environment where people want to stav which speaks directiv to the qualitv of the
phvsical as well as the social environment we create.
page 13
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Cottages at Tulane Market Rate
2600 Preston Road Freddie Mac 10 Year Loan
Plano, Texas
Acquired: 1992
Total Units: 268
Average Unit Size: 714
Total Square Feet: 191,244
Total Stories: 2
Partner: None
Sold: N/A - Still Owned
Cottages at Tulane, formally Bristlecone, was acquired in 1992. The property is a two-story, 268 unit,
garden-style community. The property was repositioned in 2005 which included an extensive interior
and exterior renovation taking several years to complete. Since the renovation, rents have increased
from $0.85 per square foot to $1.42 per square foot. Property amenities include:
• Clubhouse
• Swimming Pool
• Hot Tub
• Coffee Bar
• Billiards Table
• Exercise Facility
• BBQ Grills
• Picnic Tables
• Outdoor Basketball Court
• Netted Golf Driving Range
• Sand Volleyball Court
• Car Wash
`�7
Grand Venetian Market Rate
Love Drive HUD 221(d)(4) Construction-Perm
Irving, Texas
Completed: 1998 Sold: 10-03-2001
Total Units: 514
Average Unit Size: 937
Total Square Feet: 481,612
Total Stories: 3
Grand Venetian was constructed in 1998. It is located near the intersection of Hwy 114 and MacArthur
Blvd. Situated along one of the larger canals of Las Colinas, the property is a three-story, 514 unit, gar-
den-style community. Property amenities include:
• Clubhouse
• Controlled Access Gates and Guard House
• Resort-style Swimming Pool
• Exterior Hot Tub
• Indoor Hot Tub
• Coffee/Cookie Bar
• 24-hour Exercise Facility
• BBQ Grills
• Outdoor Kitchen Cabana
• Tanning Room
• Sand "Beach"
• Fire Pit
• ATM Machine
• Sand Volleyball Court
• Picnic Cabana
• Covered Parking
Villa Verona Market Rate
13355 Noel Road HUD 223(f) Refinance Loan
Dallas, Texas
Constructed: 2000
Total Units: 273
Average Unit Size: 1276
Total Square Feet: 348,310
Total Stories: 16
Partner: None
Sold: N/A - Still Owned
Verona, located in the popular Galleria area, was completed in 2000. The property is a sixteen-story,
273 unit, luxury high-rise community and was the first high-rise in North Dallas. The building design in-
cludes units from 730 s.f. to penthouses over 3100 s.f. Beginning in 2008, the building underwent an
extensive interior renovation taking several years to complete. Since the renovation, rents have in-
creased from an average of $1,533 to $1,968 per unit. Property amenities include:
• Multiple Clubhouse Lounges
• Heated Swimming/Lap Pool
• Assigned Under-ground Parking
• Hot Tub
• Coffee Bar
• Billiards Table
• Business Center
• Exercise Facility
• BBQ Grills
• Cabanas
• Aqua Lounge
• Movie Theater Room
• Cigar Lounge
• Conference Room
• Concierge
• 15th-floor Penthouse Terrace
• Private Service Vestibules
page 17
Grand Treviso
330 Las Colinas Blvd
Irving, Texas
Constructed: 2002
Total Units: 247
Average Unit Size: 1142
Total Square Feet: 281,963
Total Stories: 17
Partner: None
Market Rate
SouthTrust Bank/North Houston Bank Construction Loan
Sold: Converted to Condominiums and Sold
Grand Treviso, located along the canals in the Urban Center of Las Colinas, was completed in 2002.
The property is a seventeen-story, 247 unit, luxury high-rise community and is the first and only high-rise
west of downtown Dallas. The building design includes units from 730 s.f. to penthouses over 3100 s.f.
Due to the building's immense popularity, quality finish, and high rent structure, Grand Treviso was con-
verted to condominiums in July, 2004. The building is completely sold-out. Property amenities include:
• Multiple Lounges
• Swimming Pool (6th floor)
• Hot Tub
• Assigned Controlled Access Parking
• Coffee Bar
• Billiards Table
• Exercise Facility
• BBQ Grills
• Cabanas
• 15th-floor Penthouse Terrace
• Cigar Lounge
• Conference Room
• Concierge
• Private Service Vestibules
page 18
Canal Side Lofts
350 Las Colinas Blvd
Irving, Texas
Constructed:
Total Units:
Average Unit Size:
Total Square Feet:
Total Stories:
Partner:
2006 Sold: 11-20-2012
306
908
277,949
4
DEPA Holdings
Market Rate
KeyBank Construction Loan
Canal Side Lofts, situated on five acres along the canals in the Urban Center of Las Colinas, was com-
pleted in 2006. The property is a four-story, 306 unit, loft-style community featuring concrete floors, ex-
posed air ducts, 9-ft doors, oversized kitchen islands, high ceilings, and two structured parking garages.
Unit sizes range from 551 s.f. to 1463 s.f. multi-level units. �,,,, �� ��,������� ,
Property amenities include: ,�����°"�,� � �� +
� I���i w,
• Multiple Lounges JJ����� f � ���f `�"
. ���' ` �u, � � � ��.
Swimming Pool
• Controlled Access Parking Garages
• Coffee Bar
• Fully Functioning Party Bar
• Billiards Table
• 24-hour Exercise Facility
• Fitness Instructor
• Indoor Basketball Court
• Regulation Boxing Ring
• BBQ Grills
• Multiple Fountains
• Indoor Theater / Conference Room
• Outdoor Theater
• Fire Pit
• Zen Garden
• Elevator
Palladium Aubrey
500 E. Highmeadow Drive
Loan
Aubrey, Texas
Constructed:
Total Units:
HTC Units:
Market Rate Units:
Average Unit Size:
Total Square Feet:
Total Stories:
Partner:
2015
150
100
50
950
142,530
3
PNC Bank
Sold: N/A - Still Owned
2013 9% HTC
HUD 221(d)(4) Construction-Perm
Palladium Aubrey, located in Aubrey approximately 40 miles north of downtown Dallas, was completed
in 2015. The property is a three-story, 150 unit, garden walk-up and is the area's first new apartment
construction in over 25 years. It is also the first mixed-income community in the area. Financed with
federal tax credits and an FHA 221(d)(4) construction to permanent loan, the rent structure is designed
to accommodate various income levels. The property has been very popular and successful. The first
units were released from construc-
tion in March of 2015 and the prop-
erty reached 98% occupancy six
months thereafter. Property ameni-
ties include:
• Clubhouse Lounge
• Children's Activity Room
• Computer Learning Center
• Swimming Pool with Fountains
• Hot Tub
• Dog Park
• Playground
• Assigned Covered Parking
• Controlled Access
T.H.F. Palladium Midland
2300 S. Lamesa
Midland, Texas
Completion:
Total Units:
HTC Units:
Market Rate Units:
Average Unit Size:
Total Square Feet:
Total Stories:
Partner:
2015 4% HTC
J.P. Morgan Chase Construction Loan
2017 Sold: N/A - Still Owned
264
207
57
939
247,800
3
Regions Bank, Texas Housing Foundation
T.H.F. Palladium Midland is located approximately 300 miles west of Dallas. Construction was complet-
ed in February, 2017. The land is 15.65 acres upon which the three-story, 264 unit, garden walk-up oc-
cupies 8.93 acres. The remaining 6.77 acres remain for future development. Palladium Midland was
financed within the 4% Housing Tax Credit program and the Multifamily Bond Program with the con-
struction loan provided by J.P. Morgan Chase and the permanent loan by Mass Mutual. The rent struc-
ture is designed to accommodate
various income levels. Property
amenities include:
• Clubhouse Lounge
• Children's Activity Room
• Conference Room
• Computer Learning Center
• Swimming Pool with Fountain
• Hot Tub
• SportsCourt
• Playground
• Assigned Garages
• Controlled Access
• Exercise Facility
• BBQ Grills
Palladium Little Elm
Eldorado Parkway
Little Elm, Texas
Completion:
Total Units:
Average Unit Size:
Total Square Feet:
Retail:
Total Stories:
Partner:
2017 Sold: N/A - Still Owned
242
846
204,616
6,000
4
Nicholas Multi-family LLP
Market Rate
HUD 221(d)(4) Construction-Perm
The town of Little Elm is approximately 35 miles north of downtown Dallas and is situated on Lake Lewis-
ville with over 60 miles of lakefront shoreline. The 7.14 acres of land in Little Elm is located on Eldorado
Parkway. The property will be part of a larger planned development of the city called Little Elm Town Cen-
ter which will include restaurants and entertainment venues. The property design includes 242 market-rate
units with sizes ranging from 504 s.f. to 1223 s.f. Total square footage will be 210,616 s.f. which includes
6,000 s.f. of retail space. Units will average 846 s.f. Construction started in October, 2015 and is sched-
uled for completion in July
2017. Property amenities
include:
• Multiple Clubhouse
Lounges
• Club Kitchen
• Business Center
• Swimming Pool
• Fountains/Pocket Park
• Hot Tub
• Pet Park
• Exercise Facility
• BBQ Grills
• Cabanas
• Conference Room
• Coffee Bar
Palladium Van Alstyne Senior Living
Blassingame Avenue
Van Alstyne, Texas
Completion:
Total Units:
HTC Units:
Market Rate Units:
Average Unit Size:
Total Square Feet:
Total Stories:
Partner:
2017 Sold: N/A - Still Owned
132
100
32
831
109,656
3 with 1-Story Quads
Regions Bank
2015 9% HTC
HUD 231 Construction-Perm
The town of Van Alstyne is approximately 45 miles northeast of downtown Dallas. The 14.32 acres of
land in Van Alstyne is located on Blassingame Avenue. The property was recently awarded credits
through the Housing Tax Credit program. Currently under construction utilizing FHA 231 financing, the
property will have 132 units exclusively for seniors 62 years and older. Total square footage will be
109,656 s.f. and units will average 831 s.f.
Estimated completion is November, 2017.
Property amenities include:
.
.
.
.
.
Clubhouse Lounge
Club Kitchen
Arts & Crafts Center
Computer Learning Center
Business Center
Swimming Pool
Fountains
Pet Park
Covered Parking
Controlled Access
Garages
Exercise Facility
BBQ Grills
Cabanas
Laundry Facility
Movie theater
Resident Garden Plots
Palladium Garland
Interstate 30 and NW Drive
Garland, Texas
Completion:
Total Units:
HTC Units:
Market Rate Units:
Average Unit Size:
Total Square Feet:
Total Stories:
Partner:
2018
140
98
42
966
135,204
3
RBC
Sold: N/A - Still Owned
2016 9% HTC
Compass Bank Construction Loan
The town of Garland is approximately 18 miles east of downtown Dallas. The 8.05 acres of land in Gar-
land is located on the south side of Interstate 30. Currently under construction, the property will consist of
140 units ranging is size from 811 s.f. to 1193 s.f. Total square footage will be 132,902 s.f. Units will av-
erage 966 s.f. Construction and permanent loans were provided by BBVA Compass Bank. Expected
construction completion is July 2018.
Property amenities include:
• Multiple Clubhouse Lounges
• Club Kitchen
• Business/Computer Center
• Swimming Pool
• Fountains/Pocket Park
• Available Garages
• Controlled Access
• Coffee Bar
• Exercise Facility
• BBQ Grills
• Cabanas
• Conference Room
Palladium Anna
Anna Town Center
Anna, Texas
Completion:
Total Units:
HTC Units:
Market Rate Units:
Average Unit Size:
Total Square Feet:
Total Stories:
Partner:
2018 Sold: N/A
120
86
34
952
114,240
3
Hudson Housing Advisors
2016 9% HTC
HUD 221(d)(4) Construction-Perm
The town of Anna is approximately 45 miles north of downtown Dallas. The 9.48 acres of land in Anna is
located east of Hwy 5. The property will be part of a larger planned development called Anna Town Cen-
ter which will include single family homes. The plan is to construct 120 units; 86 tax-credit and 34 market-
rate units. Total square footage will be 114,240 s.f. Units will average 952 s.f. Financing will be through a
221(d)(4) construction—permanent loan. Construction commenced June of 2017 and expected comple-
tion in October, 2018. Property amenities include:
• Multiple Clubhouse Lounges
• Club Kitchen
• Business Center
• Swimming Pool
• Fountains/Pocket Park
• Pet Park
• Covered Parking
• Available Garages
• Controlled Access
• Exercise Facility
• BBQ Grills
• Cabanas
`�7
Palladium Glenn Heights
Hampton Road
Glenn Heights, Texas
Completion:
Total Units:
HTC Units:
Market Rate Units
Average Unit Size
Total Square Feet
Total Stories:
Partner:
2019
270
252
18
958
258,600
3
PNC
2017 4% HTC
HUD 221(d)(4) Construction-Perm
Sold: N/A - Still Owned
The town of Glenn Heights is approximately 19 miles south of downtown Dallas. The 8.05 acres of land
in Glenn Heights is located on the east side of Hampton Road. The property will consist of 270 units rang-
ing is size from 800 s.f. to 1150 s.f. Total square footage will be 258,600 s.f. Units will average 958 s.f.
Expected construction completion is July 2019.
Property amenities include:
• Clubhouse Lounge
• Activity Room
• Club Kitchen
• Business/Computer Center
• Swimming Pool
• Controlled Access
• Coffee Bar
• Exercise Facility
• BBQ Grills
• Cabanas
• Conference Room
• Sport Court
• Tot-Lot
page 26
Legacy West
Columbus Avenue
Plano, Texas
Completion (anticipated): 2019 Sold: N/A
Total Units: 328
Total Stories: 29
Owner: NE West Legacy, LP
Developer: Palladium USA
Market Rate
HUD 221(d)(4) Construction-Perm
Legacy West is approximately 22 miles north of downtown Dallas. It is located in the second phase of one
the most successful mixed use developments in America. The development is situated near the intersec-
tion of Hwy 121 and the North Dallas Tollway. The 2.1 acres of land is located on Columbus Avenue. The
property will be part of a larger planned development of the city known as Legacy West which will include
restaurants and entertainment venues. The plan is to construct 328 market-rate units within a 29 story
tower. Construction commenced during the second QTR 2017. Anticipated property amenities include:
• Multiple Clubhouse Lounges
• Club Kitchen
• Business Center
• Rooftop Pool
• Fountains
• Hot Tub
• Pet Park and Dog Wash
• Structured Parking Garage
• Controlled Access
• Exercise Facility
• Yoga Room
• BBQ Grills
• Cabanas
• Conference Rooms
• Coffee Bar
• Billiards Table
• Fire Pit
Craig Ranch
Collin McKinney Parkway
McKinney, Texas
Completion: TBD
Total Units: 404
Average Unit Size: 849
Total Square Feet: 342,832
Total Stories: 4
Partner: TBD
Sold: N/A
Market Rate
The master-panned development of Craig Ranch is approximately 25 miles northeast of downtown Dallas.
The 4.65 acres of land in Craig Ranch is located on Collin McKinney Parkway across from the Cooper Fit-
ness Center and one block from the TPC golf course clubhouse.
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page 28
Las Colinas
909 Lake Carolyn Parkway
Irving, Texas
Completion: TBD
Total Units: 319
Average Unit Size: 830
Total Square Feet: 264,752
Total Stories: 5
Partner: TBD
Sold: N/A
Market Rate
Total Acres: Las Colinas is approximately 13 miles northwest of downtown Dallas. The 4.59 acres in
the Urban Center of Las Colinas is located on Lake Carolyn Parkway. It is waterfront property situated
on Lake Carolyn. The northeast boundary is on the Orange Line train stop of the Dallas Area Rapid
Transit light-rail system.
page 29
Little Elm Phase 2 Market Rate
Eldorado Parkway / Main Street / Clark Street
Little Elm, Texas
Completion: TBD Sold: N/A
Total Units: 376
Average Unit Size: 838
Total Square Feet: 315,270
Total Stories: 4
Partner: TBD
The town of Little Elm is approximately 35 miles north of downtown Dallas and is situated on Lake Lewis-
ville with over 60 miles of lakefront shoreline. The 20.59 acres of land in Little Elm is located on Main
Street and includes frontage on Eldorado and land across Clark Street. The property represents Phase 2
of a larger planned development of the city called Little Elm Town Center and includes restaurants, hotels,
retail shops, and entertainment venues. The property design includes approximately:
• 376 Multi-Family Market-rate Units
• 15,000-20,000 s.f. Entertainment Venue
• 10,000-15,000 s.f. Restaurant / Retail /
Office Pads
• 6,000-10,000 s.f. Mixed Use Building for
Restaurant / Retail / Office
• 2 Acre City Park Area
page 30
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SECCION 42
SECTION ¢2
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SECTIOIV 4Z
5EGTION 42
SECTION 42.
SECTION 42
SECTIDN 4Z
SECTION 4:�
SECTION 42
S�GTI ON �42
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SECTION 42
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SECTION 42, SENIOR
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SEC7101V 42
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Garden-Sryle
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6arden-Style
Garden�� Style
Garden-Style
LOGALIQIS
Irving Texas
�allas, Texas
Irving� Texa�
Irvin� Texas
Aubrey, Texas
Little Elm, Texas
Van Alstyne, Texas
Midland,Tzxas
Anna,Texas
Plario, Texas
Garland. Texas
I rvdi ng�'Te �s
McKi nrrey, TaXas
�allas,Texas
dallas, iexas
�allas�, Texas
5an Pntonla,, Texas
Fnsco, rexas
�allas, Texas
�ellas, Texas
I�allas, Texas
�allas, Texas
�gllas, 7exes
pallas; �exas
Ft Worth, Texas
Plano, Tezas
[5alla�, Texas
Ft Worth, Texes
Atlingmn, Tesas
Ft Worth, Texas
Ft Worih, Texes
MeKinneyy T2xas
fiallas, Texas
Houston, Texas
Te�as City
Houston, Te�as
Rustln, Texas
Conrcle, Texas
I�lorth Richlend Fills
�all�as�, Texas
�alla�; TeXas
aurleson� Texas.
La Porte, Texas
League Gty, Texas
Houstrn, Texas
Hauston,T�exas
NumUer of Units
514
273
247
30b
150
239
132
z6a
120
26F3
140
130
320
4(77
314
228
539
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page 31
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page 32
Industry Awards
- NAHB Pillars - Best New Loft Community Winner; Palladium (USA) International, Inc.
Canal Side Lofts
- HBA of Dallas, McSam Award - Best Multifamily Rental Community Winner;
Palladium (USA) International, Inc. Grand Treviso Apartments
- NAHB Pillars - Most Creative Financing Winner, Palladium (USA) International, Inc.
Grand Treviso Apartments
- Multifamily Executive - Best High Rise Multifamily Development Winner;
Palladium (USA) International, Inc. Grand Treviso Apartments
- NAHB Pillars - Best High Rise Finalist, Palladium (USA) International, Inc.
Grand Treviso Apartments
- NAHB Pillars - Best High Rise Finalist, Palladium (USA) International, Inc.
Villa Verona Apartments
- NAHB Pillars - Best Leasing Center Winner, Palladium (USA) International, Inc.
Grand Venetian Apartments
page 33
Feburary 5th, 2018
City of Denton
215 W Hickory Street
Denton, TX 76201
Attn: Ms. Sarah Kuechler
RE: Kapok_9% Competitive LIHTC
Dear Sarah,
Please be advised that we would like to withdraw our request for a Resolution of Support for the 2018
9% Competitive Low-Income Housing Tax Credits dated January 12, 2018, for Kapok.
Based on a TDHCA recently published list, we have determined that our site in Denton will not be
competitive. We are not going to pursue the application.
Sincerely,
�, �, �, � �, � �, � �, �„�,,,.,, �,,,,,, �.
�, ,,,,,,�„ ,,,,,,,,,
Lisa M. Stephens
Kapok, LLC
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
���,� I�Illlll�uuuuuuu��ii www.cityofdenton.com
��������'���
Legislation Text
File #: ID 18-221, Version: 1
AGENDA CAPTION
Receive a report, hold a discussion, and give staff direction regarding current City of Denton facilities and how
to proceed with planning for future space needs regarding the Denton Service Center, Traffic Operations
Building, and storage facility located at 651 Mayhill Road.
City of Denton Page 1 of 1 Printed on 2/9/2018
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
� City of Denton c�� H�
`�`��°" � � 215 E. McKinney Street
�,6
���������' � � Denton, Texas
www.cityofdenton.com
DEPARTMENT:
AGENDA INFORMATION SHEET
City Manager's Office
CM/ DCM/ ACM: Mario Canizares
DATE:
SUBJECT
February 13, 2018
Receive a report, hold a discussion, and provide direction regarding current City of Denton facilities and
how to proceed with planning for future space needs regarding the Denton Service Center, Traffic
Operations Building, and storage facility located at 651 Mayhill Road.
:: • � 1;
The City of Denton Service Center was originally constructed in 1980 with a total square footage of
approximately 61,000 and was last renovated in 2006. The facility is constructed of tilt up concrete panels
with steel bar joists and metal deck Two storage additions were added in 1990 and in 1992 resulting in the
current 70,515 square feet. Constructed almost 40 years ago, the current population of Denton was just over
48,000 and the total service area was 32.8 square miles. Over the last 40 years, the population of Denton
has nearly tripled to a 2016 estimate of 133,808 and the service area has more than doubled to 98.8 square
miles.
The Service Center Campus site is bounded by Mingo Road to the northwest, Willis Street to the north,
Ruddell Street to the east, Texas Street and Crawford Street to the southeast and Paisley Street to the south.
The site comprises nearly 46 total acres in an industrial areas with incompatible land uses adjacent to the
complex. In addition to the Service Center building, the campus has a number of facilities and functions
located on it which include Fleet Services, Traffic Operations, vehicle storage, and material storage.
The Service Center building primarily houses administrative offices for Engineering, Real Estate, Water
Distribution, Water Metering and Cross Connection Control, Wastewater Collections, Drainage, Materials
Management, Park Maintenance, Utilities Safety and Training, Electric Communications, and the Street
Department. Of the 70,515 square feet, approximately 33,000 square feet of this is allocated to warehouse
area for Purchasing Material Management use and is not currently available for staff or administrative
expansion. There are 253 staff and employees daily on site in twelve different operating divisions contained
within the remaining 40,764 square feet.
Due to the limited space and continual staffing pressures there has been very creative measures taken to
utilize available space. For example, breakrooms, shop spaces, and garage bays have been converted to
administrative space. The Service Center is over capacity, as the facility initially housed 110 employees
when constructed in 1980. There is poor accessibility for the public, inadequate restroom facilities, and
there is not enough parking for customers or employees.
The building which houses the City's Traffic Operations was built in the 1960s and originally served as the
Denton Animal Shelter. Traffic Operations moved into the 4,000 square foot building in the mid 1980's
after the Animal Shelter relocated to its then new facility off of S. Woodrow Lane (the facility now serves
as the Monsignor Outreach Center). The Traffic Operations Building with a staff count of 9 is currently
too small and does not allow for any expansion. In addition, there is minimal amounts of technology present
in the building and therefore a state-of-the art control center is not an option.
As part of the 2014 Bond Election, $1,500,000 was sold for the construction of a new Traffic Operations
facility to be constructed on undeveloped property sited at the northeast corner of the Service Center
complex. In 2016, probable costs for the proposed 10,000 square foot facility totaled $2,200,000. As a
result, the project was put on hold in an effort to reassess options and stay within budget.
ANALYSIS
The City of Denton Solid Waste Department owns a large storage facility located at 651 MayhilL It was
originally constructed as a warehouse for the Federal government providing 81,000 square feet of enclosed
space on approximately five acres. The facility is partially occupied by DME (23,640 square feet) for the
storage of materials and equipment for new substations with another 10,000 square feet used for the storage
of solid waste containers.
The utilization of the 651 Mayhill building at Solid Waste was reevaluated and was recently identified as a
cost-effective option to move the Purchasing/Materials Management and Traffic Operations.
• Move Materials Management operations to 651 Mayhill and occupy 61,000 square feet
o Provides for admin and warehouse space
o Allows for more materials to be stored in an indoor environment
o Better utilization of available space
o Estimated cost: $3,368,640
• Move Traffic operation to 651 Mayhill and occupy 10,000 square feet
o Provides for desperately needed work and administrative space
o Allows for full deployment of an operation center
o Forgoes ground up construction
o Quick interior finish out and move-in
o Estimated cost: $2,178,000
By vacating 33,000 square feet at the Service Center, it would provide for additional space for expansion
and renovation to meet the current and future service demands of the community. The following table is the
current and proposed space changes being proposed at the Service Center.
Parks
Electric Comm.
Drainage/Streets
Utilities Safety & Training
Water Meter
4,569 8,660
3,634 5,917
4,090 7,300
1,458 2,131
1,669 1,806
Water Distribution/Waste Water 3,093 4,156
Purchasing/Materials Management 32,979 0
Training Room 1,750 1,750
Engineering 5,353 8,378'
Water/Wastewater Administration 2,495 2,350
Future Expansion 4 18,295
• Renovating/expanding the existing Service Center:
o Meets an immediate need
o Provides for future expansion space; avoiding higher future construction costs.
o Other site needs (Ruddell Realignment) not in place for Traffic Ops site at Service Center.
o Provides adequate meeting/work space for employees
o Adds additional restrooms to meet code requirements
o Provides a more welcoming environment for visitors, the public, and staff
o Estimated cost: $8,898,546
For these proposed facility changes to occur, it hinges on the utilization of 651 MayhilL It is the opinion of
staff that utilizing this facility for the described uses is the most efficient use of city funds, would make the
most immediate positive impact, and serve the community's current and future needs. The attached
presentation provides a graphical representation of the potential space options being proposed.
OPTIONS
l. Allow the utilization of the facility located at 651 Mayhill to house the operations of
Purchasing/Materials Management and Traffic Operation. Allow for the expansion and renovation
of the Service Center.
2. Do not allow the utilization of the facility located at 651 Mayhill to house the operations of
Purchasing/Materials Management and Traffic Operation. Do not allow for the expansion and
renovation of the Service Center.
3. Consider other options.
RECOMMENDATION
Option #l: Allow the utilization of the facility located at 651 Mayhill to house the operations of
Purchasing/Materials Management and Traffic Operation. Allow for the expansion and renovation of the
Service Center. Authorize staff to engage an architectural firm to plan/design the renovation of the Service
Center, the relocation of Purchasing/Materials Management, and construction of a Traffic Operations
Facility.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
November 7, 2016 — City Council Work Session - Update to the 2003 Facilities Master Plan Study.
January 30, 2018 - Bond Oversight Committee approved application of $1,500,000 of bonds to be utilized
for the finish out/construction of a Traffic Operations Facility at 651 Mayhill, (5-0).
FISCAL INFORMATION
The following are estimated funding sources to be considered:
Relocation of Purchasing & Materials Management to 651 Mayhill
-Use of Fund Balance — Materials Management Fund
-Use of excess Certificates of Obligation — Solid Waste
-Use of Available CIP Funds
Estimated Funding Sources for Purch./Mat. Mgmt.
$1,000,000
$2,200,000
$ 168,640
$3,368,640
Construct/finish out Traffic Operations Building at 651 Mayhill
-Use of General Obligation Bonds — 2014 Program
-Use of Available CIP Funds
-Use of Fund Balance — General Fund
Estimated Funding Sources for Purch./Mat. Mgmt.
Renovate/Expand Service Center
-General Fund — Use of Available Cash or Future CO's
-Use of Fund Balance — Electric Fund
-Use of Fund Balance — Drainage
-Use of Fund Balance — Water
-Use of Fund Balance — Wastewater
Estimated Funding Sources for Service Center
$1,500,000
$ 346,200
$ 331,800
$2,178,000
$4,410,281
$1,313,777
$987,376
$1,282,751
$ 904,361
$8,898,546
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: 1.1 Manage iinancial resources in a responsible manner
EXHIBITS
1. Agenda Information Sheet
2. Power Point Presentation
Respectfully submitted:
Mario Canizares
Assistant City Manager
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Legislation Text
File #: ID 18-222, Version: 1
AGENDA CAPTION
Receive a report, hold a discussion, and give staff direction regarding an overview of homelessness initiatives
and research on tent encampments.
City of Denton Page 1 of 1 Printed on 2/9/2018
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
City of Denton
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www. cityo fdenton. com
DEPARTMENT:
AGENDA INFORMATION SHEET
City Manager's Office
CM/ DCM/ ACM: Todd Hileman
DATE: February 13, 2018
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding homelessness initiatives and research
on tent encampments.
BACKGROUND
On November 7, 2017, Council Member Briggs inquired if staff could conduct research on "tent cities" or
homeless tent encampments. Staff has reviewed a number of sources and developed a paper on homeless
tent encampments. Staff will present a brief overview of the research, as well as an overall update on
homelessness initiatives and strategy.
DISCUSSION
HOMELESSNESS INITIATIVES AND PROGRESS
Collective Impact Initiative
In 2016, following a recommendation from the Mayor's Housing the Homeless Task Force, the City of
Denton and United Way of Denton County (UWDC) jointly launched a Collective Impact Initiative to
address homelessness. This initiative requires a structured collaborative approach to unite many
organizations in order to address a complex social problem and create lasting change in the region. The
Denton County Homeless Leadership Team (DCHLT) was formed in June 2016 to lead the initiative with
UWDC serving as the backbone organization.
The immediate primary focus of DCHLT was to implement the foundation necessary to have an
effective, coordinated Housing Crisis Response System to address the needs of homeless persons. As
such, UWDC began to develop and implement a coordinated entry system for Denton County. In simplified
terms, coordinated entry means that every individual experiencing homelessness is assessed to identify their
needs and connect them to the appropriate resources and housing intervention. The data is stored in a
centralized system so all actions and referrals are tracked and can be seen by all agencies. This system also
provides a systematic method to collect the regional data necessary to understand the solutions needed.
By the end of 2017, seven of the main service agencies in Denton County were fully trained and utilizing
coordinated entry. As of Jan. 1 l, 2018, there are a total of 695 persons on the Housing Priority List (HPL)
separated into three housing intervention categories:
• 154 Total for Diversion — Diversion is a strategy that prevents homelessness for people seeking
shelter by helping them identify immediate alternate housing arrangements and, if necessary,
connecting them with services and financial assistance to help them return to permanent housing.
• 388 Total for Rapid Rehousing — Housing relocation and stabilization services and assistance are
provided to help a homeless individual or family move as quickly as possible into permanent
housing and achieve stability in that housing.
• 153 Total for Permanent Supportive Housing — This is housing for people who need long-term
housing assistance with supportive services to stay housed.
The Housing Priority List and data collection is critical to DCHLT's next step to identify funding and
housing solutions to meet the need. In January 2018, the DCHLT has formed an Ad Hoc committee to
explore and work on housing solutions and options. In addition, UWDC will begin hosting community case
conference meetings to work through various by-name lists of people experiencing homelessness in Denton
County to reduce duplication and ensure accurate tracking of individuals/families being housed as a result
of coordinated entry.
The Denton County Barriers Fund has also recently been established and will be accessible to multiple
nonprofits in Denton County working with families to help them get and stay housed. The fund will be used
to help encourage self-sufficiency and secure stable housing by providing assistance with the costs of
housing and supportive services not covered by traditional grant funding. These funds will allow providers
to tailor services to the unique needs of every family in the midst of a housing crisis.
Attached in Exhibit 3 are three quick one-page info sheets from DCHLT on Coordinated Entry, Denton
County Barriers Fund, and a DCHLT 2017 Progress Update. DCHLT also adopted a three-year strategic
plan in 2017. More information on the plan can be found 11�r�.
CITY' S CONTRIBUTION
The City has supported and contributed to the Collective Impact Initiative and efforts to address
homelessness in a number of ways. The attached chart in Exhibit 2 summarizes the City of Denton's
General Fund and Federal Funds that have been provided directly to social service agencies for homeless
prevention and assistance programs. In FY17/18, the City of Denton contributed $270,500 from the General
Fund and $655,000 in Federal Funds, for a total of $925,500.
In addition to directly providing funding, the City has provided a facility for the operation of a homeless
shelter by Monsignor King Outreach Center (MKOC) at 300 Woodrow Lane. In October 2015, a 10-year
lease agreement was executed providing the facility at the amount of $1 per year. The opening of this
emergency shelter provided 90 more beds in the community, in addition to the existing 36 beds at The
Salvation Army center.
Furthermore, the City provides personnel and public safety resources to address homelessness. The
Community Development division oversees grant funding distribution and reporting for social service
agencies. The Human Services Coordinator serves on many task forces to increase coordination between
the City and its partners. She also utilizes professional networks and associations to stay up-to-date on
regulations, policies, programs, and initiatives from communities in Texas and across the nation.
The Denton Police Department's mission when responding to calls involving Denton's homeless population
is to provide excellent customer service and strive to build mutually beneficial relationships. The
Department adopted two Standard Operating Procedures for homeless response in June 2017 to establish
protocol and expectations. A Homeless Outreach Lieutenant was appointed to assist the coordination of
these efforts and policing strategies. Staff also wanted to note that due to a recent Police Department
reorganization in January 2018, six officers have been reassigned to the downtown district. This will provide
additional resources to monitor and address any homelessness concerns in the downtown area for
businesses, residents, or visitors.
In September 2017, the Denton Fire Department began tracking emergency and medical calls for service
related to homeless individuals in order to better analyze the utilization of services and identify if there are
specific needs. The Fire Department also monitors public health and safety conditions if encampments exist.
The Police and Fire Departments are also part of the Street Outreach Team, a seven member team with
representatives from Police, Fire, Giving Hope, and Denton County MHMR, and have assisted with the
annual Point-in-Time Count for the past two years. There were just over 300 surveys collected for the
January 2018 count. As the data is analyzed, there will be data quality checks to remove duplications and
any ineligible surveys before a final report is issued. The final report should be completed by the Texas
Homeless Network and distributed to the community in early spring.
ENCAMPMENTS/ TENT CITY RESEARCH
In November 2017, staff was asked to perform research on "tent cities" — often used to describe a variety
of tents/temporary housing facilities, authorized and unauthorized, that have been created by and for
homeless individuals in cities across the nation.
Staff has developed a summary paper (attached in Exhibit 5) that outlines the current state of unsanctioned
encampments in Denton, what it would mean to "sanction" encampments with considerations, other options
that could be considered, and some takeaways and lessons learned from the case studies and research of
encampment environments across the country.
Homeless/transient encampments have existed in Denton for some time. Staff closely monitors any such
locations with the assistance of the Street Outreach team, the seven member team with representatives from
Denton Police, Denton Fire, Giving Hope, and Denton County MHMR. Their goal is to meet homeless
individuals in their environment and provide them with information on housing, employment, and benefit
resources they may qualify to receive.
Most encampments on public property are monitored and are not disturbed, except for one incident in recent
history in which a decision was made to clean-up an encampment due to the magnitude of health and safety
issues that existed. In November 2017, a decision was made to remove and clean-up an encampment in
Pebblebrook Park after more than a year of interaction with the site. The camp had grown considerably in
population and area size since the Street Outreach team's first encounter to an estimated occupancy of 30
individuals. There had been an increasing number of public health and safety concerns after many
interactions, warnings, and attempts to resolve those concerns. The concerns included an increasing number
of complaints from nearby properties and Police calls for theft, public urination, intoxicated persons,
controlled substance, criminal mischief, disturbances, and trespassing, and continued Fire calls to the area
with the Fire Department extinguishing fires resulting from burning piles of plastic bags filled with cans,
to an entire air mattress, to large trash burns, to at least 5 grass fires in the area. Furthermore, Fire personnel
observed numerous propane tanks, gas generators, unknown chemicals, and other highly flammable items
in an area with repeated Fire suppression calls. The items continued to proliferate in spite of warnings from
public safety staff.
After considering the public health and safety hazards and conducting a site assessment, a staff team decided
to move forward with clean-up of the encampment. Campers were notified of the coming clean-up date
with at least 10 days notice provided and were informed of the issues leading to the clean-up. The Street
Outreach team had provided services throughout the year and were present at the site leading up to the
cleanup to provide assistance.
NEXT STEPS
Staff is looking to receive direction from City Council if additional research or actions are desired regarding
homeless tent encampments or homelessness initiatives in general.
The following are recommendations from staff to continue to make progress on addressing homelessness:
• Continue to participate with DCHLT and the Ad-hoc, Data, and Housing workgroups to advance
solutions and options that can be brought back for consideration.
• Launch an internal city staff homeless team composed of representatives from Police, Fire/CIS,
Public Affairs/Community Development, Parks, Library, Economic Development, and Solid Waste.
This team would meet on a quarterly basis to share and discuss challenges, concerns, or trends in an
effort to improve communications and awareness amongst City staff.
• Continued to support public safety to ensure safety for all in the community and resolve
complaints or property violations. Continue data collection efforts to understand call volume and
resources required.
• Develop communications to assist in educating the public of resources available and actions being
taken. Additionally, staff can help to coordinate and promote initiatives being taken by the DCHLT
and UWDC such as fundraising efforts for the Denton County Barriers Fund.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
On July 25, 2017, the United Way of Denton County presented an update and progress report to City
Council on homelessness initiatives from the Denton County Homeless Leadership Team.
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:
Related Goal:
and programs
Safe, Liveable & Family-Friendly Community
4.5 Provide support to citizens in need through social service agencies
EXHIBITS
1. Agenda Information Sheet
2. Summary of City of Denton Funding Contribution
3. Denton County Barriers Fund
4. Presentation
5. Research on Tent Encampments
Respectfully submitted:
Sarah Kuechler
Director of Public Affairs
Dani Shaw
Human Services Coordinator
City of Denton
General Fund and Federal Funds
Contributed to Homeless Initiatives and Programs
UWDC Homeless Coordinator
UWDC Coordinated Entry Specialist
Serve Denton (Employ-2-Empower) *
Interfaith Ministries (Utility Assistance Program)
Giving Hope (transitional housing)
Giving Hope (HMIS)
UWDC (HMIS)
Interfaith (rental assistance)
MKOC (shelter services)
Denton County Friends of the Family (homeless/homeless prevention)
Giving Hope (homeless/homeless prevention)
The Salvation Army (homeless activities)
Christian Community Action (homeless/homeless prevention)
Denton County Friends of the Family (homeless/homeless prevention)
Giving Hope (homeless/homeless prevention)
The Salvation Army (homeless activities)
Salvation Army (emergency meals and food pantry)
Denton County Friends of the Family (shelter services)
FY15/16
$40,000
n/a
n/a
$100,000
subtotal: $140,000
FY16/17
$40,000
n/a
$21,000
$100,000
$161,000
FY17/18
$40,000
$40,000
$21,000
$100,000
$201,000
$27,300 $28,000 $26,500
$17,500 $9,000 n/a
n/a n/a $18,000
$5,000 $5,000 $5,000
n/a $5,000 $20,000
subtotal: $49,800 $47,000 $69,500
n/a $60,556 n/a
n/a $76,286 n/a
n/a $63,158 n/a
subtotal: n/a $200,000 n/a
subtotal
$130,000
$140,113
$154, 314
$173,573
$598,000
$44,000
$43,000
$46,832
n/a
$133,832
$145,000
$147,000
$158,000
$150,000
$600,000
$zo,000 $zo,000 $zo,000
$30,000 $30,000 $35,000
subtotal: $50,000 $50,000 $55,000
subtota) (Genera) Funds) $189,800 $408,000 $270,500
subtota) (Federa) Funds) $648,000 $183,832 $655,000
Total: $837,800 $591,832 $925,500
* The Employ-2-Empower pilot program is planned to end on Feb. 9, 2018. Unspent funds from the FY16/17 $21,000 payment will be
returned and the FY17/18 payment will not be made.
** In FY16/17, the City applied for the ESG federal grant but the application was denied. However, the City was later notified that
residual ESG funds were available and would be provided in the amount of $133,832.
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Are you sleeping in emergency shelter, in public areas, or in another place that is not
permanent or safe? Visit a location below to complete a 10-15 minute assessment, called
Coordinated Entry. Coordinated Entry helps quickly connect people to available resources
and gathers information about the housing needs of people that are not served.
WHERE TO GO
* Some Coordinated Entry hours differ from regular hours of operation
WHAT YOU CAN EXPECT WHY YOU SHOULD PARTICIPATE
� Agency staff will collect general
information and complete a short survey
with you to find the best housing option
� They will then refer you to a housing
program, funding and vacancy permitted
� If assistance is unavailable, staff will
attempt to refer you to other resources
� It reduces the amount of time you
spend searching for assistance.
� It makes it easier for you and your
family to access available resources.
� This process helps the community
understand what resources are needed
to help you and other families in the
future.
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DONATE:
www.unitedwaydenton.org/dchlt
The Denton County Barriers Fund is an initiative of the Denton County Homeless Coalition,
with the United Way of Denton County as fiscal agent.
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• Created Logic Model to tack Coordinated Entry
inputs, outputs, and outcomes
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• Established and Implemented a Coordinated
Entry Process across 7 Front Doors and
Receiving Agencies
(Denton County Friends of the Family, Giving
HOPE Inc., Journey to Dream, Monsignor King
Outreach Center, Our Daily Bread, Salvation Army
Denton)
• Identified agencies joining the Denton County CE
Process in 2018 (Good Will Career Center,
Denton Housing Authority)
• Real-time data entry at all Front Doors
• Created Eligibility and Priority Matrices
• Working Denton County Housing Priority List,
Including a Veteran By-Name List
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*Rapid Re-housing (RRH) and Transitional
Housing (TH) - 359 households
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Households
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of data from multiple data sources
• Established timeline for data-clean up to pull
initial baseline measurements
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• $18,000 allocated for Homeless Management
Information System license and support costs
via the City of Denton Human Services Grant
•$4,000 allocated by the City of Lewisville to
support CE initiatives
•$40,000 allocated by the City of Denton to
support Homeless Initiatives Coordinator/HMIS
Administrator
•$40,000 allocated by the City of Denton to
support the Director of Homelessness Initiatives
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• Generated Program Overview for replicable
housing pilot
• Researched Landlord Risk Mitigation funds
• Developed framework for collaborative, county-
wide Landlord Outreach initiative
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Barriers Fund to promote housing stability
through Client Assistance, Landlord Outreach
and Special Projects of the Denton County
Homeless Coalition
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Council
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Council
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DCHLT Appointees
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TENT CITY, ENCAMPMENTS RESEARCH 02/07/18 DRAFT
Tent city is used to describe a variety of temporary housing facilities that often use tents. Authorized
and unauthorized tent cities, created by and for homeless individuals and families, are now found across
the country.
When affordable housing simply doesn't exist and shelter beds are not sufficient in number to meet the
demand or appropriate for all needs, encampments exist. "Everything from sleeping bags, tents and
camp stoves to tiny homes, makeshift communities are an attempt to fill important gaps in shelter,
housing and other social services." (Swept Away, 2016) People experiencing homelessness need a place
to sleep, shelter themselves, and store belongings. Emergency shelter was designed to be a short-term
option for people in an emergency housing crisis. It has evolved to be a long-term option as a result of
limited resources. The reality is that shelter is not always the appropriate option. There are not enough
beds, shelter is not open to all leaving out men, women, families or people with disabilities. The length
of stay is often limited or there are long wait times. People cannot bring in personal belongings or pets.
Frequently the rules (restrictions) make it hard to hold a job. (Tent City, USA 2017)
According to the US Interagency Council on Homelessness (USICH), an effective crisis response:
• Identifies all people experiencing or at risk of experiencing homelessness across the community
• Prevents homelessness whenever possible
• Provides immediate access through coordinated entry to shelter and crisis services without
barriers to entry, as stable housing and supports are being secured
• Quickly connects people who experience homelessness to housing assistance and/or services
tailored to the unique strengths and needs of households and which enable them to achieve and
maintain permanent housing.
The question before us is how to balance the need for safe and secure shelter relief to meet the needs
of our homeless population while focusing resources and coordinated efforts on long-term permanent
housing solutions like the ongoing work of the City, the Denton County Homeless Leadership Team, The
Denton County Homeless Coalition and numerous organizations toward creating affordable and low-
barrier housing, permanent supportive housing, and funds to support short-term rental assistance to
prevent homelessness.
Staff need direction on how to respond to a complex and difficult situation.
OPTIONS:
• Clear Up & Clear-Out. Close encampments under a policy and process developed and approved
by council.
• Clean Up & Monitor. Regular cleanup of sanctioned encampments and/or ongoing support
health and safety through sanitation resources under a policy and process developed and
approved by council.
• Monitor. No Change. Regular observation of unsanctioned encampment conditions to ensure
public health and safety and no presence of life safety threats.
TENT CITY, ENCAMPMENTS RESEARCH 02/07/18 DRAFT
Current State of Encampments in Denton
• People experiencing homelessness are already doing it
• The City and the community are already managing it and there is already a cost and investment
of City resources*
• Only about 22% of the need for emergency shelter is being met. (90 beds at MKOC + 36 bed at
The Salvation Army for a total count of 126 beds; however, there are 556 homeless individuals
on the Housing Priority List not yet recorded housed.)
• Homeless encampments currently serve as a point of access for outreach workers and others
looking to engage those experiencing homelessness. Moving encampments makes this work
harder and can create distrust of the system with the very people who need housing assistance.
Relationships built on trust can provide valuable information when it comes to the needs and
goals of each individual. Encampments allow outreach workers to go in, engage with people in
need and connect them with health care, social services, and housing providing a direct way to
reconnect people with the system.
• Efforts just push people around and often backfire, as does criminalizing homelessness. i.e.
"Homeless Whack-a-mole"
• Ensuring safe and sanitary conditions for the protection of all citizens is the role of the City.
*CURRENT CITY INVESTMENT*
• MKOC Shelter Facility (10-year lease expires in 2026) Market Value - Asset value approximately
$658,000 (previous Insurance replacement cost Payne, S.)
• 2017-18FY City funds System-Wide Coordination - Data and CE ($40,000), Denton County
Homeless Coalition- Backbone support ($40,000}, In-Kind - staff, Mayor, Council Member, Pilot
Employment Project ($21,000)
• Strategic Objective #3- By 2020, reduce Denton's homeless population by 20%.
• Public Services Funding -Award and administer grant funds from multiple sources Human
Service Grant ($69,500), CDBG ($55,000), ESG ($600,000)
• Existing maintenance and cleanup efforts in unsanctioned sites. Parks & Recreation, Sanitation.
• Public safety response and services provided by the Denton Police Department and Fire
Department
To "sanction" (organize) it also means:
• Sanction through policy or sanction by non-enforcement (Procedure)
• Advocating for a dramatic increase in affordable and accessible housing (Policy)
• Educating City to the needs and conditions (Citizen Support)
Unknown
• What is the Current Cost vs Cost under a sanctioned environment? Will costs increase or
decrease?
• Levels of community acceptance and legal and regulatory Issues are unclear.
• Insurance Costs
TENT CITY, ENCAMPMENTS RESEARCH 02/07/18 DRAFT
cons
• Not many communities do sanction it due to increased liability and Public Health and Safety
concerns
• Focuses already limited resources on temporary rather than permanent solutions
• New issues will emerge that will now be responsibility of the City of Denton –
o NIMBY - Who will want to be the tent city's neighbor?
o Attractive Nuisance - May increase population. "If you build it, they will come"
o Risk and Liability– Fires, Communicable Illness, Criminal Activity (because typically,
unlike an organized neighborhood, there is not easy access to public safety services)
• Community Resistance - Fears of declining property values, safety concerns, fears of vandalism,
and negative effects of having homeless people in their community.
• Resource Limitations. Who can manage it and sustain it? Is there an organization with the
expertise, capacity, and interest to operate one?
Pros
• What is already happening will now be structured and regulated
• Increases safe, secure options
• Empowerment of encampment users to do their own community organizing
• There are currently open unused City land sites and facilities
• Builds Trust– i.e. PD patrolling the areas where homeless camps are located and introducing
themselves to homeless individuals, building a foundation of trust.
Other options
• Advocating for changes in local shelter operations and policies. In Using Shelter to Strategically
End Homelessness, USICH offers recommendations that could be advocated to lower shelter
barriers that may increase use and decrease homeless living on the street.
WHAT IS BEING ADVOCATED:
TENT CITY, USA - NATIONAL LAW CENTER ON HOMELESSNESS AND POVERTY (December, 2017)
Principle 1: All people need safe, accessible, legal place to be, both at night and during the day, and a
place to securely store belongings—until permanent housing is found.
Principle 2: Delivery of services must respect the experience, human dignity, and human rights of those
receiving them.
Principle 3: Any move or removal of an encampment must follow clear procedures that protect
residents.
Principle 4: Where new temporary legalized encampments are used as part of a continuum of shelter
and housing, ensure it is as close to possible to fully adequate housing.
Principle 5: Adequate alternative housing must be a decent alternative.
Principle 6: Law enforcement should serve and protect all members of the community.
TENT CITY, ENCAMPMENTS RESEARCH 02/07/18 DRAFT
SWEPT AWAY - NATIONAL COALITION ON HOMELESSNESS (2016)
1. Encampments should not be closed until every resident is afforded secure housing. If you do
have procedures that include notice and no destruction of property.
2. Optional Provision of health/sanitation resources.
3. Outreach
COMMON THEMES:
• Appropriate Advanced Notice to Vacate
• No Destruction of Personal Property where temporary storage is provided by City
• No Arrests or Citations were to be made if no shelter space was available.
TOP REASONS FOR CLEANUP:
1. Public Health and Safety
a. People are living without access to running water, bathrooms, trash disposal or safe
heating or cooking facilities. The encampment is unsanitary due to accumulation of
garbage, human feces, hypodermic needles, urine odors and other unsanitary
conditions.
b. Violation of Existing Ordinance. COMMON ORDINANCES:
i. Camping ordinance
ii. Erecting temporary structures ordinance
CASE STUDIES
Encampments range in structure, size and formality. Larger more formal tent cities are often named and
better known, but don't represent the majority of tent city structures or residents, found with smaller
populations and dimensions. Case studies look at encampments sanctioned and unsanctioned ranging in
size from 21-200 people.
POLICY ACTIONS THAT WOULD ALLOW FOR TENT CITIES: (Gleaned from Case Studies)
• City Ordinance
o Sanction locations — Public, Private
o Permit activities
• Temporary use
• Leased Public Land with City Contract to Operate
• Zoned Activity — Camping Zoning
• Unsanctioned but supported Waste Management/Sanitation Provision/Fire/Police
• With the exception of one site with security guards, active Policing and Patrolling was not
generally utilized in any enhanced or special dedicated way. Coverage was like any
neighborhood might be managed.
:�
TENT CITY, ENCAMPMENTS RESEARCH 02/07/18 DRAFT
LESSONS LEARNED
• Strong partnerships between a non-profit sponsor, a group of churches, and the local
government have had more consistent, stable oversight.
• Religious institutions became grounds for protection and t heir special legal status and
respected positions in the community gave the encampments a legitimacy that was otherwise
lacking.
• Self-governance and private funding contribute to success and stability
• Community Service Models are widely employed.
• Permanent sites furthers a sense of ownership and allows the homeless to make both tangible
physical and social improvements to the community
• Most see rising numbers but the date of the studies would make it hard to determine if the site
availability or the economic climate caused the increased in usage.
• Increasing lengths of stay were noted.
• Lack of sufficient funding is still an unresolved issue
• Over time community resistance dwindles
• Reduces criminalization* and marginalization
• More success in transitioning people from homelessness to housing was made when the site
was located closer to other services also saw a reduction in costs (Seattle Multi-Site
comparisons)
• Physical improvements with security gates, more lighting, bathrooms, showers, and a food
distribution area, and city staff helped homeless people obtain permits and identification to stay
within the area.
• Before sanctioned options raids did nothing to stop the growth of tent cities and has led to a
class action lawsuit (Denver November, 2016 Raid).
• While community resistance action dwindled, public perceptions - fears of declining property
values, safety concerns, fears of vandalism, and negative effects of having homeless people in
their community remains largely unchanged.
Legal Issues:
• Many Cities have ordinances banning camping on public property. ie. Houston filed ordinance
banning camping on public property, ACLU challenged it. Federal Judge stays the ban ruling it
unconstitutional.
• Clearing of Encampments — Faced and lost most challenges to Fourth, Fifth, Eighth and
Fourteenth Amendments. Generally Settlements resulted in Policy and procedure changes
(Adequate Notice, No Destruction of Property, No Citation if no Shelter available).
• Implicit permission (Estoppel)
TENT CITY, ENCAMPMENTS RESEARCH 02/07/18 DRAFT
RESOURCES
ARTICLES/VIDEO:
Jaywork, Casey, (2017, March 7). Seattle Evicts the Homeless Encampment That It Created While Evicting 'the
Jungle' Last Year. Seattle Weekly. Retrieved from
IIrV.V.ir.�://v�dv�dv�d.wc�V.V.IIcv�dcclkllv.a:�:rirn7/irrcv�dw/wc�V.V.IIc cvi'ia:V.w llr�:rirn7cllcsw cirra:�irn7ir.�irn7cirrV. i'iV. a:irc�V.c�� v�dllri'illc cvi'ia:V.i'iirr�:a ir.�ircvi'i�:ru.�s
II:!..�r ir,n,7,c II,c ww.:::�".!C:!.a::�.!C:rc:l..��, ir,n,7,c ir:!.:�.:�.
Stein, Robert. (2018, January 13). Privately-owned land in Amarillo being used as homeless camp. The Seattle
Times. Retrieved from IIrV.V..�w: vwvwvw.wc�V.V.IIcV.i°iirn7cs.a:�:rirn7 irr�V.i°i�:rirr vw�:rirll�� .�iri°iv�V.cll �:rvwirrc�� lla:airr�� i°iirr a:airn7a:airi°illll�:r ll:�ci°iirr:a u.�sc��
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�.`�:::II„r,�,r ir,n,7,c II.�".�.`�:::a::�.!C:rc:l..��./.
Taylor, Alan. (2016, February 11). America's Tent Cities for the Homeless. The Atlantic. Retrieved from
IIrV.V..�w: v�dv�dv�d.V.IIrc�V.Ila:airrV.i'ia:,.a:,�:rirn7 .�Ilr�:rV.�:r �����C (��� �irn7ciri'ia:,�w V.cirrV. a:,i'iV.i'ics ��:rir V.11rc llr�:rirn7cllcsw �C���i(�
.................�.............�.�..........................................................................................................................�.IC..............................�.............................�..............�......................................................................................................................................................................................................................�...........................................�
Homelessness soars on West Coast as cities struggle to cope. [Video file]. (2017, November 06). Retrieved from
IIrV.V..�w: v�v�v�.a:,irrll:�a:,.a:,�:rirn7 �����A �� (�C Ilr�:rirn7cllcswirresw w�:ra:airw �:rirr v�csV. a:,�:ra:awV. a:aw a:,i'iV.i'ics wV.iru.�:a:allc V.�:r a:,�:r.�c.IlrV.irn711
................. �............. /. /....................................................................................... /............................. /.............. /............... /..................................................................................................................................................................................................................................................................................I.. �. �. a.............................................I C........................................
REPORTS:
Ending Homelessness for People Living in Encampments Advancing the Dialogue. USICH. August 2015.
IIrV.V..�w: v�v�v�.u.�wi°ia:llr.:a�:rv V.�:r�:rllw ��:rir a:aa:;V.i°i�:rirr cirr��i°iirr:a llr�:rirn7cllcswirresw ��:rir .�c�:r.�llc i°iirr cirra:�irn7.�irn7cirrV.w
.................�............. /./..................................................................(..A.............. /........................................................................................ /.................................(..A.............................................................................................................�...................IC.......................................................................�........................................
Swept Away Reporting on the Encampment Closure Crisis National Coalition for the Homeless. (2016)
Retrieved from IIrV.V..�: irr�V.i'i�:rirr�llllr�:rirn7cllcsw.�:rir:a vw.�-a:�:rirrV.cirrV. u.�.�ll�:ra:a��w �����C (�� �vwc.�V.-�,vw� -�����C..����
.................ir........ /../.......................................................................................................................�..,.�C...........ir....................................................../...........ir..................................../...............................�C.............. /.........................�.......................................u.....................................ir................
Talking Points on Homeless Encampments & Sweeps. National Health Care for the Homeless Council. March,
2016. IIrV.V..�w: v�dv�dv�d.irrllra:llra:.�:rir:a v�d.� a:�:rirrV.cirrV. u.�.�ll�:ra:a��w �����C (�? V.�Illki'iirr:a .��:ri'iirrV.w �:rirr cirra:�irn7.�irn7cirrV.w..����
.................�............. L./...................................................................................r..A L...........ir..................................................... d........�................................../............................ L............... C................................r..A.....ir..............................................................................................ir............................................�................
Tent Cities in America - A Pacific Coast Report, National Coalition for the Homeless. March, 2010.
Retrieved from IIrV.V..�: irr�V.i'i�:rirr�llllr�:rirn7cllcsw.�:rir:a �nd.� a:,�:rirrV.cirrV. u.�.�ll�:ra:a��w ������ (�C lcirrV. �i'iV.i'ics f�c.��:rirV. I I�V�,L ?�C� �(�..����
.................ir........ /../.......................................................................................................................�..,.�C...........ir....................................................../...........ir..................................../...............................�C.............. /.................................................................................�..............................................................................................................�................
Tent City, USA - The Growth of America's Homeless Encampments and How Communities are Responding. National
Law Center on Homelessness and Poverty. December 2017. JI„rV;,V,,,�C�,w,;;,//v�dv�dv�d,,,,ir;p„Il,a;,ll„r„��,,,,�,rir�:,,/;;1;;;c,irrV;,,,,,,_�,i'i,V;,y,,,,,,,_l,J,�,d�,,,,,,_�,��_�,,;A,.
Welcome Home - The Rise of Tent Cities in the United States. National Law Center on Homeless and Poverty, Allard
K. Lowenstein International Human Rights Clinic, Yale Law School. March, 2014.
RetrievedfromllrV.V..�w: vwvwvw.irrlla:llr.�.�:rir:a ���:ra:u.�irn7cirrV.w 1�Uclla:�:rirn7cl--N�:rirn7c lcirrV.�i°iV.i°ics
.................I C............. / /..........................................................I C....................I.. �. /............................................................... /........................................................................................................................................................
BOOK:
Heben, A. (2014). Tent city urbanism: from self-organized camps to tiny house villages. Eugene (Or.): The Village
Collaborative.
TENT CITY, ENCAMPMENTS RESEARCH
CITIES REVIEWED FOR TENT ENCAMPMENT/CLEAN-UP POLICIES:
1. Charleston, WV
02/07/18 DRAFT
a. Homeless encampment and transient outdoor living policy. Encampment is defined as
30 or more days and temp outdoor living as a person(s) living in the area for at least 7
but not greater than 30 days.
2. City of Fresno, CA and Vallejo, CA
a. Clean up of temporary shelters which are considered "10 or more people for 10 or more
days".
3. Dallas, TX
a. Closure determined by Encampment Evaluation Team based on public safety, etc. Clean
up begins when the threshold of a minimum of 1 case manager per 10 households in the
encampment, housing is identified for 50% of the population, and funds for assistance
of $500 per person for 50% of population are met.
4. Los Angeles, CA
5
6.
7.
a. City sanitation crew, a homeless outreach team from the Los Angeles Homeless Services
Authority and police officers trained in dealing with the homeless population and city
rules for dismantling encampments.
b. Once a camp is identified then a report is written with photographs and submitted to
various divisions for approval to move an encampment.
Olympia, WA
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Seattle, WA
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..................................................................................................................I......................�..............................................................�............�............................................................................................................................................................................................................
c. Appears that the policy has the City removing encampments once identified and based
on available resources with notification to the Encampment Cleanup Program Manager
unless it is an "obstructions and immediate hazard encampments" in which case it can
be immediately removed. If it is not under this category then they go through a posted
notice to residents' process before cleanup.
8. Oakland, CA
a. Clean-u but not moved: 17tt�, �I��c7r7�v�r�.cc�i~r� �c�ci�t c��l<.I�r7r�-v�rc�irvl<.�irv�-cl��r7-���-
p ...................�.........�'.�'.............................................................................................�.......................................��'............................................................................................................................................................�..........
17�ri��^I�^��-�^r7c�i���i��^r7t�'� �:��F"sF"s�
9. Washington D.C.
a. Based on their encampment protocol it is applied when "property left in the public
space presents a security, health, or safety risk, interferes with community use of public
space, or becomes a significant community nuisance.
7
TENT CITY, ENCAMPMENTS RESEARCH 02/07/18 DRAFT
ATTACHMENT 1
Colorado Springs, CO (print policy)
1. The City only has the lawful authority to clean and move camps on City property and City right-
of-way. When an illegal campsite is identified and movement is necessary, the City follows a
process designed to be as transparent as possible in order to reduce trauma for everyone
involved.
2. That process requires the City to post notification at the camp in questions stating that they will
have to leave. As soon as the City decides to remove the camp, service providers are notified to
conduct outreach to the affected campers.
3. The notification posted by the City gives anywhere from 24 hours to 7 days advanced notice for
individuals that they need to pack up and vacate the area. While that's a vague timeframe, this
occurs because it initially takes time to line up the resources to conduct the cleanup. Once the
schedule is set, the City gives specific timing to the camp, and when a cleanup is initiated either
City staff or contractors go to the camp and pick up garbage and any belongings people leave
behind. Anything deemed as reasonably valuable personal property is then taken to a storage
facility and remains available for pickup for a month before it's either thrown away or donated.
4. Unsanctioned camping is not permitted in the City (City Code 14A.50.020 and 14A.50.050).
When camps are cleaned up, campers will be provided at least 24 hours and as much as 7 days
advance written notice per the Anderson Settlement Agreement, and the City will store any
items retrieved that are determined to be of reasonable value so that people can retrieve their
belongings.
5. City enforcement will prioritize areas that have the greatest negative impact on livability, and
pose the greatest risk to public health and safety. The City will continue to work with social
service providers and the Street Outreach to actively clean up campsites and help to get
individuals the services they need. Police will continue to use compassion in enforcement,
recognizing that the City doesn't have enough shelter beds for everyone, and that some people
have to sleep outside.
6. Should higher-impact camping exist, the City will remove camps, with an emphasis on explaining
how they can camp in a low-impact way and where they can go to have an indoor bed space.
a. Include in any posted notice "This campsite will be cleared no less than 24 hours after
and within seven (7) days of (the date and time the site is posted for cleanup)."
However, the 7-day period is not a guarantee that any clean-up will not take place until
seven days have elapsed - clean-up may take place at any time within that seven-day
period.
b. Keep for storage any item that is reasonably recognizable as belonging to a person and
that has apparent use.
c. Photograph all confiscated property. Containers, including bags and backpacks, will be
photographed, and their contents will be inventoried and photographed.
d. Create a written list of-all property confiscated showing the location and date of the
cleanup, and including a description of each item of property confiscated, including the
type of item, color, any known brand- name, and marks thereon identifying an owner.
E3
TENT CITY, ENCAMPMENTS RESEARCH 02/07/18 DRAFT
7
�
i. Photograph the campsite after all items are collected, to show what is being
disposed of instead of confiscated and maintained.
ii. Include in any posted notice "All property confiscated from this camp will be
maintained at Place, Address for a minimum of 30 days. Property owners may
inquire there to attempt to locate confiscated property: phone, Hours of
Operation.
Suggestion to have Police Department worked with the City Attorney's Office, homeless
advocacy groups and the American Civil Liberties Union to draft an ordinance related to public
camping that would be enforceable and fair.
Ordinance was drafted that prohibited camping on public property.
a. Present to City Council for approval
b. After the ordinance is adopted: all homeless campers are given a two-week notice prior
to any enforcement action. Street Outreach Team explain ordinance, encourage
encouraged people to look for alternatives to remaining in the camps
TENT CITY, ENCAMPMENTS RESEARCH 02/07/18 DRAFT
ATTACHMENT 2
CASE STUDIES REVIEWED (Tent City, USA, December 2017 and Tent Cities, March, 2010)
• Camp Quixote, Thurston County, WA
• Dignity Village- Portland, OR
• Hope Village Off of the Streets and Closer to a Home ... -Las Cruces, NM *
• River Haven, Ventura, California
• Safe Ground, Sacramento, CA
• Temporary Homeless Service Area, Ontario, California
• Tent 3, 4 and Nickelsville- Seattle, WA
• The Village of Hope and the Community of Hope, Fresno, CA
*
Camp Quixote, Thurston County, WA
• Est.2007
• Population:25-30
• Location: Church Land I Urban Periphery I Mobile: Moves every 90 Days
• Regulatory Status: Local Ordinance- State Supreme Court sided with churches against the City
• (Land Use/not rrligious freedom)
• Funding Source: nonprofit- PANZA
• Structures: Tents and Portable Wooden Huts
Site does require Background Check to ensure person is not on the Sex Offender Registry
Dignity Village- Portland, OR
https://dignityvillage.org/
City provides a site and contracts with a nonprofit to oversee the site. In exchange for use of City land
agency's purpose is administering, managing, and operating the designated campground for the sole
purpose of providing temporary shelter to residents who cannot locate safe, decent affordable housing
and are otherwise homeless.
• Est. 2000 (Legally Recognized in 2001)
• Population:60
• Location: Public Land I Urban Periphery I Permanent Site
• Regulatory Status: Leased Public Land with City Contract to Operate Dignity Village Contract:
https://dignityvillageportland.files.wordpress.com/2015/10/dignityvillage.pdf
• Funding Source: Nonprofit, The Community's Own 501 c(3) Nonprofit and the City provides
some funding
• Structures: Wooden structures measuring up to 10x15 ft.
10
TENT CITY, ENCAMPMENTS RESEARCH 02/07/18 DRAFT
Hope Village Off of the Streets and Closer to a Home... - Las Cruces, NM
https://hopevil lagelascruces.wordpress.com/
Zoning Process: https://hopevillagelascruces.wordpress.com/about-us/mvch-re-zoning-and-camp-hope-
2013/
River Haven, Ventura, California
• Est.2005
• Population:21
• Location: Public Land / Urban Periphery / Long-term Temporary Site
• Regulatory Status: City Conditional Use Permit
• Funding: Source: City, Private Donations, Resident Payments camp currently costs $84,000 a
year to operate. Included in River Haven's budget are the costs for case management and camp
management salaries and benefits which amount to $47,125 a year. Insurance, which comes to $6,000 a
year. Income from the tenants alone comes to $50,000 a year ($250 rental fee for the U-domes). The
city of Ventura provides $18,750 a year.
• Structures: U-Domes
Safe Ground, Sacramento, CA Formerly: American River Tent City
• Est. Continuous - April, 2009
• Population:150-250
• Location: Public Land I Urban Center I Vulnerable (No Longer Exists)
• Regulatory Status: Not sanctioned- State Law may force cities zone for emergency needs, and if
someone comes forward and shows those needs aren't met, then citizens have a right to set up an
emergency site.
• Funding Source: None
• Structures: Tents and Tarps
The Village of Hope and the Community of Hope, Fresno, CA
• Village: Est. 2004, Community: Est. 2007
• Population: Village- 66, Community-60
• Location: Private Land / Urban Center / Permanent Site former junkyard behind a chain-link
fence
• Regulatory Status: Zoned as Campground
• Funding Source: Nonprofit - Poverello House
• Structures: Wooden structures
Temporary Homeless Service Area (THSA) , Ontario, California
11
TENT CITY, ENCAMPMENTS RESEARCH 02/07/18 DRAFT
The THSA is financially managed and operated by the City of Ontario. It was initiated by the local
government to offer a safer location for its chronic homeless populations, provide efficient services, and
respond to public complaints about homeless people. THSA provided bathrooms, showers, food
distribution, tents and 2417 security.
• Est.2007
• Population:70
• Location: Public Land / Urban Periphery / Permanent Site
• Regulatory Status: City Council Approved
• Funding Source: City and County Governments. The startup costs and initial construction fees
totaled $100,000. Operating costs in the first year were $400,000 and fell to $300,000 in the second
year. The camp currently costs the city approximately $25,000 per month. Funding sources include
Community Development Block Grant (CDGB), Emergency Shelter Grant (ESG), and Continuum of Care
apartment rental property income.
• Structures: Tents
Tent 3,4 & Nickelsville- Seattle, WA
http://greaterseattlecares.org/encampments/
"self-organised, democratic organizations of homeless and formally homeless people that run several
self-managed tent cities."
• Est.2000
• Population:100
• Location: Church Land / Urban Center / Mobile: 90 days
• Regulatory Status:
o Sanctioned: Tent 3,4- City Ordinance I Consent Decree
o Unsanctioned: Nickelsville
• Funding Source: Nonprofit collaborative, Seattle Housing and Resource Effort (SHARE) &
Women's Housing Equality and Enhancement League (WHEEL) $4,000- $6,000 a month for each tent-
city. The largest part of those expenses are for utilities (sewage removal: $1,800; garbage and dump
fees: $1,200} and bus tickets for the residents ($1,100}. City offers some cash funding.
• Structures: Tents raised on pallets.
Authorized by the City of Seattle to be sited on municipal land and receiving some financial support from
the city. Permit the location (3mo-2 years renewable}, permit limits number of residents. Police
presence. Amenities' vary in facilities from land with trash, sanitation only to platforms to
water/sewer/electricity to tiny houses. These camps are part of the city's response to the rising level of
homelessness (2015 levels were 21% higher than in 2014, and 2016 levels rose another 19% over that)
and the deaths of 57 homeless people on the streets in 2015. Unlike the other camps, which have to
move around, the longer permit option camps will be stable for at least one year, with a possible
extension for a second year.
12
TENT CITY, ENCAMPMENTS RESEARCH 02/07/18 DRAFT
All sites are self —managed by nonprofit or residents (aka neighborhood associations) or combination.
Each community organizes its own case management, food, clothing, shelter. Tent City 5 offers optional
case management services through a partnership with the Low Income Housing Institute (LIHI).
http://www.sha rewheel.org/tent-city-f-a-q-s
13
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
���,� I�Illlll�uuuuuuu��ii www.cityofdenton.com
��������'���
Legislation Text
File #: ID 18-223, Version: 1
AGENDA CAPTION
Receive a report, hold a discussion, and give staff direction regarding the formation of a community focus
group to review and provide recommended updates to the Parks and Recreation Department's (PARD)
Integrated Pest Management (Il'M) program.
City of Denton Page 1 of 1 Printed on 2/9/2018
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City of Denton
_ . City Ha11
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www. cityo fdenton. com
AGENDA INFORMATION SHEET
DEPARTMENT: Parks and Recreation
CM/ DCM/ ACM:
DATE:
Bryan Langley
February 13, 2018
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding the formation of a community focus
group to review and provide recommended updates to the Parks and Recreation Department's (PARD)
Integrated Pest Management (Il'M) program.
BACKGROUND
On January 9, 2018, the Council received a recommendation from staff to update the Il'M program and
gave direction to proceed. The current Il'M program was implemented in 2001. A community focus group
analyzed concerns, practices, and expectations with the goal of developing community consensus for a
maintenance standard. The project included establishing pilot sites at five park locations to evaluate
different pest management methods and applications. The results were documented and considered in on-
going maintenance practices.
From this process, the current Il'M program was developed. It is a combination of cultural and organic
measures such as mowing heights, natural nutrients, plus over-seeding and the use of pesticide products.
The Il'M program provides guidelines for the selection of products, identifies the products in use, and
specifies a spraying schedule based on season and location classification. It defines requirements and
procedures for spraying applications designed to minimize exposure to park visitors and provides for public
notification. Design and maintenance standards are also included in support of the Il'M objectives along
with a detailed maintenance schedule for each classification type.
Exponential growth, changes in property use, and developments in conservation since the 2001
implementation of the Il'M program necessitate a review. Staff recommends a similar process of forming a
community focus group and exploring and testing new maintenance techniques to conduct the review and
provide recommendations for updates. A diverse representation of park users and community partners
would comprise the focus group. Local residents Ed and Carol Soph have expressed interest in participating
in this process. Other identified stakeholders include representatives from the University of North Texas
(LTNT), Texas Women's University (TWU), and Denton Independent School District (DISD). Members
from Masters Gardeners, Master Naturalist and the Denton Youth Sports Association (DYSA) are also
recommended. A maximum number of 15 members is proposed as a manageable size and odd number to
gain majority consensus. Below is a make-up of 11 identified stakeholders:
• Community Representatives — 2
• Athletic Association Representatives
o DYSA - 2
• Partner Agencies
o LTNT — 1
o TWU - 1
o DISD - 1
• Field Specialist
o Master Gardeners — 2
o Master Naturalist — 2
Four positions remain open for organization representation or interested individuals to be included.
Representatives from Texas A&M AgriLife Extension and the City's Environmental Service Division will
serve as advisors to the group.
Capturing information and input from the various users will allow PARD to understand concerns, re-
examine park and public property usage, and develop a balanced approach to maintenance that meets the
multifaceted needs and expectations of our users. Additionally, staff recommends the focus group's work
be combined with industry research and benchmarking to produce a comprehensive and informed IPM
program.
RECOMMENDATION
Proceed with the formation of a focus group as outlined and recommend by staff. Provide further
direction on the inclusion of representatives to serve on the focus group as needed.
ESTIMATED SCHEDULE OF PROJECT
The total process time for this project is estimated at nine months including the development of a draft
document and pilot site results.
• March 2018 — formation of the focus group finalized with the first meeting held.
• June (60 days) — Review the current document, conduct researching and benchmarking. Site
selection for pilot parks and testing techniques would also be established.
• July (30 days) — Evaluate pilot sites, first draft of document to focus group, gather feedback.
• August (30 days) — Evaluate pilot sites, incorporate preliminary pilot site results, final review of
draft document.
• September (30 days) — Evaluate pilot sites, Council presentation of proposed Il'M program.
• October (30 days) — Continue evaluation of pilot sites, Council follow-up as needed, Il'M adoption.
• November (60 days) — Continue evaluation of pilot sites, document results, report findings.
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: Safe, Liveable & Family-Friendly Community
Related Goal: 4.3 Provide high quality neighborhood services
EXHIBITS
Exhibit 1 Agenda Information Sheet
Exhibit 2 Presentation
Exhibit 3 2001 Il'M
Respectfully submitted:
Laura Behrens
Interim Director of Parks and Recreation
Prepared by:
Laura Behrens
Interim Director of Parks and Recreation
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Training Outline
Definition of IPM �
The Parks and Recreation Department defines IPM as a pest management program where
control is achieved through multiple tactics including prevention, cultural practices,
pesticides, exclusion, natural enemies, and host resistance. The goal is to achieve long-
term control of pests with minimal impact on non-target organisms and the environment.
Goals of Program
The goal of the department's IPM program is:
� to be responsive to the concerns and issues raised by citizens,
■ use the issues and ideas generated by the Focus Group as an outline, and
■__ meet the expectations of the general public on park appearance.
Pilot Parks / Sites
The following sites have been selected as pilot parks for IPM methods:
� Nette Shultz
■ Joe Skiles
� Oakwood Cemetery — South portion only
■ North Lakes Softball Fields 1& 2 only
■ Civic Center Park color bed, west side of inedian in front of Civic Center
Plant health and vigor at these sites will be monitored and a photographic record
will be kept of all locations for comparative purposes. Material and labor costs will
also be tracked.
IPM Methods to be Used at Pilot Sites
To improve overall quality of the soil, which will promote the growth of desirable plant
material and turf and discourage undesirable plant growth:
� Conduct soil tests at all sites to determine nutrient needs.
� Turf areas to be top-dressed two times per year with 1/4 inch of compost
+� Turf areas to be aerified two times per year
■ Pre-emergents
o Corn gluten meal to be applied two times per year to prevent weeds
o Dry molasses to be applied once per year to promote microbial activity.
� Chemical Edging
o Vinegar will be used as chemical edging around trees, posts, and fences.
o Wood chips will be installed around trees to reduce trimming.
■ Noxious Weeds
o If complaints are received or harmful plants are identified (such as poison
ivy and sand burs), non-organic herbicides will be used IF organic
applications fail to control the problem.
� Insects
o Two applications of Award will be macle to control fire ants.
o Orthene will be applied to individual Fire Ant mounds only if they become
a public hazard.
o Aerosol wasp and hornet spray will be used if nests jeopardize public
safety.
o Orange Oil will be used as an insecticide.
Color Beds
o Compost will be added to color beds every time the plants are changed
o Corn Gluten Meal will be applied as a pre-emergent.
o Flowers will be planted 8" on center to help shade out weeds and plants
selected for the bed.
o Beneficial insects such as Lady Bugs and Praying Mantis will be used to
control insect damage
o Diatomaceous earth will be used to control insect damage
o Horticultural oil will be used as a control for scale, aphids and other
"" insects. "- " "
o Horticultural grade corn meal and baking soda will be used to combat
disease problems.
System-wide Changes — At All ���rk Sites
The Parks and Recreation Department will continue a reduced chemical use practice
consistent with the actions implemented in February 2001. The department will:
■ �'���i �"�' � {� .� � ' . � � � "� ,� �, r� , f� �°�� . , . � � �
��i��t��i�c� use of Fusilade, Surflan, and Snapshot to planter and color beds.
��,�����: broadcast application of a low toxicity non-selective herbicide in
Class B(neighborhood) parks other than pilot parks to one application per
year if needed, applications are limited to late night time frames. Roundup,
Finale, or Manor (a selective broadleaf herbicide) will be used.
■ Limit hand sprayer applications of Roundup in all parks to tree rings, fence
lines, and concrete surfaces and other obstacles to control vegetation where
hand edging is required.
� Limit the application of Rodeo to the banlcs of creeks and ponds to control
vegetation to hand sprayers only.
� Limit the application of Primo to regulate turf growth around Hardscape items
such as headstones, poles, benches, walls, fences, etc.
� Limit use of Orthene to spot treat individual fire any mounds, where the
mound is a potential hazard to the public or where potential for damage to
electrical equipment exists.
Cultural Methods
� Turf is mowed at 2.5" — 3", clippings are not collected.
� Leaves are shredded and returned to the soil.
� Irrigation is done two or three times per week for longer periods of time.
� High use areas of Civic Center Park are over-seeded with rye grass in the winter,
2
When Chemicals are Required
When pesticide applications are necessary the Denton PARD should act in a responsible
manner and as stewards of our environment. 'This practice is accomplished by selecting
pesticides that have the least environmental impact and are as cpmpatible as possible.
The criteria for determining this is as follows. More detailed definitions of these terms
can be found at the end of this document.
LD 50 — Products applied on PARD property should have as high of a LD 50
classification as possible so as to ensure the safety of our patrons.
Signal Word — The overall toxicity of a pesticide is characterized by the signal word
listed on its label. Whenever applicable, products that wiIl effectively control pests
should be chosen with the least hazardous signal word as possible.
Baits arid PGR's — When possibre, the PARD should implement the use of Baits such
as Award with Fenoxycarb to control ants rather than the application of pesticides to
control fire ant and insect infestations on PARD property. When possible, the use of
Plant Growth Regulators such as Primo is encouraged. �
Scouting and Inspecting — Prior to pesticide applications effective scouting and early
detection of pests such as grubs, bagworms, and fall webworms will effectively
minimize large infestations.
Economic Threshold — Prior to the treatment of large areas of ornamental landscapes,
there should exist an economic threshold whereby the application of a chemical
control will effectively derive a positive effect verses the causes of not treating with a
pesticide. An example of this would be the decision to treat an infestation of fall
webworms prior to the pest causing stress to the tree by defoliating it in mid summer.
Adherence to proper cultural practices in an effort to limit the conditions that would be
advantageous to pests. While in the operational task of maintaining public property, every
attempt is made in our landscape maintenance programs to insure that our actions do not
encourage conditions that would benefit insect, fungal, or herbaceous pests to encroach
and become established in our landscapes and hu�f areas. Examples of maintenance
procedures that will benefit and compliment our Integrated Pest Management Policy
include:
Mowing — Mowing at the proper height and frequency will establish a dense and
healthy stand of tluf that will discourage the establishment of weeds thus resulting in
rninimized amounts of herbicide applications.
Proper Sanitation — The timely removal of debris and spent leaves such as undemeath
shrubs can aid in the reduction of fungal activity such as fungal leaf spot on photinia.
Proper Pruning — the application of proper pruning by not damaging the collar of a
branch whereby a tree can effectively compartmentalize wounds from pruning cuts
will effectively reduce the areas of eniry or inoculation that trees can become
susceptible to disease.
3
Spot Spraying versus Boom or Wide Applications of Pesticides — In some instances it
is necessary to use wide applicat�rs in order to covet a large tract of property but by w•
and large the majority of time spent spraying should be spent selectively applying
product or by doing what is commonly referred to as "spot spraying" the target pest.
Interface with the Public
� When pesticide applications are made at public buildings and in the parks, signs
will be posted to notify the public what product has been used and when it was
applied. Signs will remain posted for at least 72 hours after the application.
o Further information will be posted on the Parks and Recreation web site.
o Signs will also be placed at de�i�,������ �aileat 1c������ra�.
� Blue dye will be added to all spot spr��� ���1����i���s �� ��t�:���s +���'� ��s�Y� i��k�t��:�
the areas in a park that have been ��aa�����. T��^� ���� ��c�� 1�� ���� ���" ������������
applications. If an entire park��as be��� ������ci i� ��.11 �a� ������ �:� �� �������'
signs.
■ Applications will be scheduled to minimize contact with the public.
o Athletic fields that can be locked or are not in use during the day may
receive applications early in the morning.
o Most park applications will be made after 10:00 pm when the park is
closed. Roadsides and rights of way will be sprayed during the day to
allow the applicators maximum visibility.
o Areas such as electric substations, cemeteries and the airport, where there
is little public contact, will be s���•����� �����.�i��a�.� �t.��e day.
� The department will also remain in co�t���� ��1.�� ��1-���aCs and neighborhood groups
and work to schedule applications that do not conflict with events in the parks.
Design & Maintenance Standards
The Parks and Recreation Department has evaluated areas within North Lakes and South
Lakes Park that could be classified as "No Mow" areas. The areas that were selected are
identified on their respective Master Plans and are used as open space and have no other
function. These areas (approximately 37 acres), will be allowed to return to a native
pasture, and could eventually be over-seeded with native grasses and wildflowers. The
department will continue to mainta.in and mow some open space in the parks as required
by City code and as is consistent with community needs.
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��l��tic��� ��a�:��a�t��� w�ith ��� I�"f`�" �r�����'��tra., t��ir��,enance �a��a.r�, ��. �'������r ���:�� �'c�r that
park.
0
City of Denton
Parks and Recreation Department
Integrated Pest Management — Pilot Program
Executive Summary
In February 2001, the City of Denton Parks and Recreation Department received a number of
comments from citizens, expressing dissatisfaction with the City's pesticide program and a
growing concern about all chemical use and any potential health effects.
The Parks and Recreation Department placed an immediate moratorium on most pesticide use
while developing a response to the issue. In Apri12001, City Council directed staff to continue the
moratorium and to research alternative approaches and products to the pesticide program. In
addition, strategies were to formally involve citizens and park user groups in the decisions related
to this issue. " " ` �
On June 23, 2001 a Focus Group was called together to review current maintenance practices and
participate in a discussion to articulate current community and park user expectations about park
appearance and what role pesticides should take in meeting those expectations.
Ideas recommended by the Focus Group included:
� Identify one pilot park at which to implement an Integrated Pest Management program.
� Identify system-wide changes that can be made
■ Education — Public Notification
� h•4aintaining Community Involvement
■ Design & Maintenance Standards
� Balancing current maintenance standards while implementing changes
� Staff Research & Training
In August 2001, staff presented a draft report to the Focus Group. The following is a brief
summary of the Integrated Pest Management - Pilot Program implemented this fall.
Pilot Parks — Staff selected multiple locations to test alternative methods in the various
maintenance classifications, under different soil conditions and at locations with varying uses.
Locations selected are Nette Shultz and Joe Skiles Parks, the south portion of Oakwood Cemetery,
North Lakes Softball Fields 1 and 2, and the color bed on the west side of the median in front of
the Civic Center.
The Parks and Recreation Department will work with the Environmental Compliance Manager and
the Watershed Protection Manager to assess air emissions and storm water quality at pilot sites
versus traditionally managed axeas.
IPM Program at Pilot Parks — The Parks and Recreation Department defines Integrated Pest
Management as a pest management program where control is achieved through multiple tactics
including prevention, cultural practices, pesticides, exclusion, natural enemies, and host resistance.
The goal is to achieve lorig-term control of pests with minimal impact on non-target organisms and
the environment.
Cultural and organic practices and products will be implemented includin�*•
�� To�-dressing turf wi�h c�ir.past �
� Use of organic products and beneficial insects
• System-wide Changes — Continue a reduced chemical program.
■ Eliminate use of products containing 2,4-D, Dicamba, MCPP, and Simazine.
■ Restrict use of Fusilade, Surflan, and Snapshot to planter and color beds.
� Reduce broadcast application of a low toxicity non-selective herbicide in Class B
(neighborhood) parks other than pilot parks to one application per year if needed.
■ Limit hand sprayer applications of Roundup in all parks to tree rings, fence lines, and
concrete surfaces and other obstacles to control vegetation where hand edging is required.
� Limit the application of Rodeo to the banks of creeks and ponds to hand sprayers only.
� Limit the application of Primo to regulate turf growth around hardscape items.
.. � Limit use of Ort�ene to spot treat individual fire any mounds. _ .
Education — Public Notification - When pesticide applications are made at public buildings and
in the parks, signs will be posted to notify the public. Signs will remain posted for at least 72 hours
after the application. Further information will be posted on the Parks and Recreation web site.
Blue dye will be added to all spot spray applications so citizens can easily identify the areas in a
park that have been sprayed. Dye will not be used for broadcast applications.
The department is also pursuing the development of a public service announcement on Channe126
to inform and educate the public regarding IPM, and maintenance practices used in the
community.
Community Issues - Applications will be scheduled to minimize contact with the public. Public
meetings will be held and residents notified in the Nette Shultz and Joe Skiles Park areas. The
purpose of the meetings will be to inform residents of the IPM program being implemented at the
two neighborhood parks. The department will also remain in contact with schools and
neighborhood groups and work to schedule applications that do not conflict with events in the
parks.
The Pazks and Recreation Deparhnent will also look for opportunities to educate the public on this
issue on its website and other media.
Maintenance Standards — Staff has already made adjustments to its Maintenance Standards and
will continue to assess maintenance practices, while increasing knowledge through training
opporiunities.
Evaluation — The Focus Group will meet again in March-April 2002 to evaluate the progress of
the program and recommend any changes that need to be made. Staff will also present a
recommendation related to which practices can be expanded and/or how the program should be
adjusted.
2
12/ 11 /O 1 9:42 AM
City of Denton
Parks and Recreation Department
�ntegrated Pest anagement - Pilot Program
Background & Process
In Febn�ary 2001, the City of Denton Parks and Recreation Department received a
number of comments from citizens, expressing dissatisfaction with the City's pesticide
program and a growing concern about all chemical use and any potential health effects.
Department Response — February 2001
As a result of the comments received, the department took the following actions:
� Suspended use of products containing 2,4-D, Dicamba, MCPP, Simazine.
� Restricted use of Fusilade, Surflan;-Snapshot, and Orthene to-planter and color
beds.
� Suspended broadcast application of Roundup in all parks except Class A
parks, and in Class A parks, applications are limited to late night time frames.
� Limit hand sprayer applications of Roundup in all parks to tree rings, fence
lines, and concrete surfaces and other obstacles to control vegetation where
hand edging is required.
� Limit the application of Rodeo to the banks of creeks and ponds to control
vegetation to hand sprayers only.
� Limit the application of Primo to regulate the growth of turf around
headstones in cemeteries to hand sprayers only.
� Limit use of Orthene to spot treat individual fire ant mounds, where the
mound is a potential hazard to the public or where potential for damage to
electrical equipment exists.
These restrictions have remained in place since late February 2001.
City Council Direction — April 2001
In April 2001, the City Council directed staff to continue the response outlined above.
Staff was also directed to research alternative approaches, such as Integrated Pest
Management (IPM), and alternative products to the pesticide program.
The Parks and Recreation Department defines IPM as a pest management program where
control is achieved through multiple tactics including prevention, cultural practices,
pesticides, exclusion, natural enemies, and host resistance. The goal is to achieve long-
term control of pests with minimal impact on non-target organisms and the environment.
In addition; strategies were to formally involve citizens and park user groups in the
decisions related to this issue.
After completing research and developing strategies, staff was directed to implement a
revised program at the beginning of FY 2001-02, with the temporary moratorium
continuing until those strategies are in place.
12/11/O1 9:42 AM
Focus �'���� — �'�r�� �+��
On June �;�, ���� a��c��a�� �rxMc��a�� was cal��� to��.t�i�s• tc� ���rr��w ��:�x�°���� �r������������e
�����ti��� ���.�� �,a����µ���c� �c�r��:�a-n � ��.���:����� 1�y �a ������la��w e�� citi��t�� ��1.�,��cl �c� ����:��
�:�r���t����. �T'ka� �i�cra� �C�r�µ��r.z;� 't��� ���t"r�i��a:��d i�� �� dr���ssi�n �:�� �l�a��.l.�t� �ur����,
�����.�.��r���, �@�� ����•� ����� �����,���,������ �����ti park appearance and what role pesticides
�i���� ���;.� i�a ����taz�� �,�;��a�c; ����ci�i;i�a��,
The major issues and recommendations that were identified by the Focus Group included:
Identify one pilot park at which to implement an Integrated Pest Management
program.
p Nette Shultz, Avondale, Joe Skiles
_ Dc������� w�r1a:�.� ��l�f rr���INr+��� t,c� °�s� . .
�- H��d �a rt�����l�c�r��t��aci a����i�� tea r�vz�w rec�����ed program.
- U�ci�r���r� ���t ��F�:t�si�i�a� �����, ��ll look l��c: ��a� cost
� Implement prob am, fa112001 "" "- "
Identify system-wide changes ����� can be nn���
- Research & impleme�r�� l�w-risk �l��r��cal practices
Education — Public Notification
- Signage
o Determine type & wording of signage
o Determuie location of signage/dyes
o What & when we spray
o Concentration of application
o Provide for an informed choice by park users.
- Education
o Channe126
o Play brochure
o Website
o May influence private residential practices
- Establish a demonstration garden with signage in a major park that would
highlight low water use plant material and organic maintenance practices.
Community ����:���
_ D���l�� an advisory committee to provide input to the Parks and Recreation
�,i�;����t:rrz�n� �n m�i�t���.��c� ��w���t��c:� related C� ��C��.
- l"'��.i����i�� ����.����i,i�� ��;�a�ct��i�� �a�"��ark app��µ�a���
- Test with community.
- Develop community consensus
- How do we change public perception (this is how a park is supposed to look).
Design & m���r��en��wce standards
- P���at s�I��tion
- Identif,y what IPM methods are currently in place
- D��i�� fc��' m��ti�e plants, n��tuc��l �'�°<��s �
- R�-���i.��.� r�r��i����:nance clas����ca�i�a�� within parks
2
12/ 11 /O 1 9:42 AM
o Are there more areas that can be "No Mow" zones?
o �.�"ca��id��� l�c�;�� ���-4�s ��•��..._ �c-sz�t� Iw,���cc� c'� ��a�at�� ��,�:l�:�s
o��da��,: ���, d�t�r.��ai���;� 1�,��r�� ��i`���it���.:����.�� ��r�c� ��r�z�ri��� d�gree of
expectations as it relates to appearance.
o t����a�� ����;a����r�����t� ��l�.s
o�������� ��������� p���;����� such as aerification of turf areas, top-
dressing with compost, etc.
Balance
-� Maintain current practices at athletic fields
- Implement additional cultural methods where feasible
- Don't increase mowing — effects air quality
Staff Research
- Contact other Cities on best practices
� - Research possible grant funding - �� ��
- Training for staff, residents, and private services
- Identify one individual on staff to coordinate IPM
- Commit to change
- Assess & research options using professional judgment
��,��r����� �"����'��������ai� — .� �,���� ��� �
����� ��;�`'�� �arc� lE���:��:��zc�r�� 1�����r�1��a��it �,r�ll l���it� 1����i��� ���� ����z�c��� i�l��z°ated Pest
l"�'��r����r:��r�t �'�l�t :���a�.�,��°�� :�t�.r,��c�� i�� (��te��a��• �4��1. ��"�c; ;���t ��" �.��� ��.�arhnent's
recommendation is:
■ to be responsive to the concerns and issues raised by citizens,
� use the issues and ideas generated by the Focus Group as an outline, and
■ meet the expectations of the general public on park appearance.
The following strategies are recommended to further expand current IPM practices and
i�ta�c��.����� ���v �r�+��i��a��. ,�.;� �h� n�r���.� ��cc���sts, this is � ��lot Progr�z�, m�����c��, �h��t �;1���
��c����.��� �i:l� l�� �r��l�����c� �t �i�-r��.��a�� intervals ,�.�a�l may r���iz°e �����i�:c�t�crra�.
����,�����y ��� ����+� c��� 11a� �aratl�t�� �f it���� and issues identified in the Focus Group
session.
Pilot Parks
�������r th�t�� ������; a��� ��ar� �:� �ah��� t�r �m�l.�a���t�� �. ��icr� I��"� ��'�a�����:� �t�.$'�"
a•�:���������� tl��at � ��rr���r t�� �it�� k�� `����.1+�� �a�����"'. �v1Ct�l����1:� �it�� ��°� �'���rr��������c�
����a,�z�� �� wi�� �Ilc�w sta�"�" �� t��� �alt�r���t��� rr�etl�a��� it� i�� ��•���z� �����.ir���r���c��
classifications, under different soil conditions and at locations with varying uses. The
�;c��� is to better understand �c�w ��ae IPM �r���µ�� x���:�� to �� =�c�p�,�sted bas�c� ��� vari��l�
������rs, and be able to test �az•c,���ts and a���tl��a��.� �.a���r a��z"��'�� of cond������. It �1��
allows more of the maintenance staff to have hands-on experience, and can then provide
feedback to the process.
Tlie ��w�'��;��i�� ��!11 ��% °��T������ted at �r�tt� Sh����,:. and Joe Skiles Park�� t�t� ��u�h portion of
p����� ��metery, ��ar��a Lakes ��f��aall �°�a�Ids 1 and 2, and the ��a��c ���.�� on the west
3
12/ 11 /O 1 9:42 AM
side of the median in front of the Civic Center. These sites are representative of the
�a���l��; ��°��� in �'����tc�n that are ��a���nt�;r �������t��.a��c� �iC� a r�����mm�,�����a�i� ��°��,�•���a, `T"c�
���t�����c� ��r�ilar ���•����, thc north s�c�c� �,�f ��.��crc��� �'����c�t����°,.Nraa���� �::.���� �c��t���r1� ����1��
3 and 4, and the color bed on the east side a�` ���� r���.�i�z� at tl�� �f��ir��a�� �a� t���, ��iv��
Center will be maintained using current maintenance practices as outlined in the
]f����rtza����t.'s Mai��t��;a���� Stanc����d;�. �'1.���t h�,�lt1� and vigor at these s�ta��; �v�l� be
�������c��,� �d a�hc��ca����hic r��:c��-�.� ���.� �e ���t of all locations for ����������ive
purposes. Material and labor costs will also be tracked.
The Parks and Recreation Department will work with the Environmental Compliance
Manager and the Watershed Protection Manager to assess air emissions and storm water
quality at pilot sites versus traditionally managed areas.
IPM Program at Pilot Parks
`�"��� �'���r��,r��� �t��t���� �.:�� ��'�;��n�c :��tl��r�� of we�� c����t�m�al �°ill ��� im.�lemen��� at the
����c�� l�aca��.�a��. T"h� ��az�ra�� a�f����� x���1:1�c.���s is to �����r�v� �la� crv�r.��� �t��ality ��"t�e soil,
����� ���� ���������t� ���� ��Mc����� ��" c���i���'�le plant material and turf, and discourage
undesirable plant growth.
Turf areas at the pilot sites will be top-dressed two times per year with '/4" of compost
and aerified two times per year. Corn gluten meal will be applied as a pre-emergent twice
per yeax to prevent weeds and dry molasses will be applied once per year to promote
microbial activity. Soil tests will be made at all sites to determine any additional nutrient
������. Vin��� will be u���i a� �I�s�r�°�.ical �.��i�� ����r��� trees, posts, and fences. Wood
�I�i�a� will l�� installed �-�au.r�t� t���c�� to �w�du�� �;��na��ing. If complaints are received
concerning plants that cause harm to the public, such as poison ivy and sandburs, non-
organic herbicides will be used if organic applications fail to control the problem.
Two applications of Award will be made to control fire ants. Orthene will be applied to
����livi����l �`ire Ant m�urtd.� only if tl�r:r;� �c��c��� �. ����lic 1x���r�1. ���. ���•���� ���.fip and
����waa�t ,��r��� will also b� ����d on indi�ic�t��.►1 �a��t� i�"%k��Y j��r���rdiz� �u��i� ����t�, Staff
will also research and test other insecticides such as Orange Oil.
Compost will be added to color beds every time the plants are changed. Flowers will be
�l���t�.�� �"" c��� ���t��� �� k��1�� ������ a��at �����.�. �'�r�� �I�at�� ����1 will [�a� ���li�c� �� �� �a�°�;�
���t�,cr��t�i. .������z�i in���i� ��ac}� a� ��.�,�° ��t��� ��a�� �'���i�x�, ����ti� �c�� ����lic�.t�c��as ��
c�i�tc�������:,��u� ��•th v���� �� ���� ��a ������.r�� �:��x���t: �l�„�����. E=l�:�µt��:�1.�����1 ��A���� �c.�r� ������1
and baking soda will be used to combat diseas� ��r��������, and ho�°ti���lt�cz'�➢ oil �a 1.l �e
used as a control for scale, aphids, and other in���l;� tl°��t ��re easily t��.�n r���t, of ia���r�.�e
with thei� z��t�r��l �r�;c��iors and end up �����ing d�������. to the land�����e. ����:ra�� are to be
selected ��� tii�c I��:�� i�°��t will thrive in est�,�a��shed ��a��ciitaons (sun, �k���.�, s�i,l '��:�e, etc.).
System-wide changes
The Parks and Recreation Department will continue a reduced chemical use practice
consistent ��t�� t��� �.�tac��'a� �t���,��r��,�ra��c�� ��� ��"�;k��-����y� ���� � „ TR�c �����-ta���e:�t r?����:
: . . .}�:�i.��ia��t� ���� ���'�'q.•�a���:z��;� ���atr���a�r��'�,�.�.�.�x 1��:i���.c��.l�a, �'i��"�1�, �:�t��.����<��ine.,.
■ �;.�;�tri�� t��� crf I� �as��,��1�, ��������, r���.� �+�x$:t�����at �� ��1z�r�t��' �tad �r�1t�r• �a���.
0
12/11/O1 9:42 AM
� Reduce broadcast application of a low toxicity non-selective herbicide in
Class B(neighborhood) parks other than pilot parks to one application per
„_,ye.�.r. i��needed, applications are limited to late night tim�. frames. Roundup,
Finale, or Manor (a selective broadleaf herbicide) will be useci.
� Limit hand sprayer applications of Roundup in all parks to tree rings, fence
lines, and concrete surfaces and other obstacles to control vegetation where
hand edging is required.
� Limit the application of Rodeo to the banks of creeks and ponds to control
vegetation to hand sprayers only.
� Limit the application of Primo to regulate turf growth around Hardscape items
such as headstones, poles, benches, walls, fences, etc.
� Limit use of Orthene to spot treat individual fire any mounds, where the
mound is a potential hazard to the public or where potential for damage to
electrical equipment exists.
Staff�Will continue to receive training and to implement�the principles of Integrated Pest
Management.
Many of these principles are already incorporated in the Department's Maintenance
Standards. Turf is mowed at 2.5" to 3", clippings are not collected, and leaves are
shredded and returned to the soil. Irrigation, where available, is done two or three times
per week for longer periods of time. This allows the water to soak deeper into the ground
and draw plant roots deeper. The high use areas of Civic Center Park are over-seeded
with rye grass in the winter. The competition from this grass helps prevent weeds.
When pesticide applications are necessary the Denton PARD should act in a responsible
manner and as stewards of our environment. This practice is accomplished by selecting
pesticides that have the least environmental impact and are as compatible as possible.
The criteria for determining this is as follows. More detailed definitions of these terms
can be found at the end of this document.
LD 50 — Products applied on PARD property should have as high of a LD 50
classification as possible so as to ensure the safety of our patrons.
Signal Word — The overall toxicity of a pesticide is characterized by the signal word
listed on its label. Whenever applicable, products that will effectively control pests
should be chosen with the least hazardous signal word as possible.
Baits and PGR's — When possible, the PARD should implement the use of Baits such
as Award with Fenoxycarb to control ants rather than the application of pesticides to
control fire ant and insect infestations on PARD properry. When possible, the use of
Plant Growth Regulators such as Primo is encouraged.
Scouting and Inspecting — Prior to pesticide applications effective scouting and early
detection of pests such as grubs, bagworms, and fall webworms will effectively
minimize large infestations. ,
5
12/11/O1 9:42 AM
Economic T'hreshold — Prior to the treatment of large areas of ornamental landscapes,
there should exist an economic threshold whereby the application of a chemical
control will effectively derive a positive effect verses the causes of not treating with a
'pesticide. An example of this would be the decision t� treat an infestation of fall
webworms prior to the pest causing stress to the tree by defoliating it in mid summer.
Adherence to proper cultural practices in an effort to limit the conditions that would be
advantageous to pests. While in the operational task of maintaining public properry, every
attempt is made in our landscape maintenance programs to insure that our actions do not
encourage conditions that would benefit insect, fungal, or herbaceous pests to encroach
and become established in our landscapes and turf areas. Examples of maintenance
procedures that will benefit and compliment our Integrated Pest Management Policy
include:
Mowing — Mowing at the proper height and frequency will establish a dense and
healthy stand of turf that will �discourage the establishrrrent of weeds thus resultirrg in
minimized amounts of herbicide applications.
Proper Sanitation — The timely removal of debris and spent leaves such as underneath
shrubs can aid in the reduction of fungal activity such as fungal leaf spot on photinia.
Proper Pruning — the application of proper pruning by not damaging the collax of a
branch whereby a tree can effectively compartmentalize wounds from pruning cuts
will effectively reduce the areas of entry or inoculation that trees can become
susceptible to disease.
Spot Spraying versus Boom or Wide Applications of Pesticides — In some instances it
is necessary to use wide applicators in order to cover a large tract of property but by
and large the majority of time spent spraying should be spent selectively applying
product or by doing what is commonly referred to as"spot spraying" the target pest.
Education - Public Notification
In addition to the test sites, other changes will be made to the City's pesticide application
program. When pesticide applications are made at public buildings and in the parks, signs
will be posted to notify the public what product has been used and when it was applied.
Signs will remain posted for at least 72 hours after the application. Further information
will be posted on the Parks and Recreation web site. Signs will also be placed at
designated pilot locations.
Blue dye will be added to all spot spray applications so citizens can easily identify the
areas in a park that have been sprayed. Dye will not be used for broadcast applications. If
an entire park has been sprayed it will be noted on the posting signs.
The department is also pursuing the development of a public
Channel 26 to inform and educate the public regarding IPM,
used in the community. The department will also pursue
publicity and education as the program progresses.
�
service announcement on
and maintenance practices
other feasible means of
12/11/O1 9:42 AM
Community Issues
Applications will be scheduled to minimize contact with the public. Athletic fields that
can be locked or are not in use during the day may receive applicatians ear�l� in thz '
morning. Most park applications will be made after 10:00 pm when the park is closed.
Roadsides and rights of way will be sprayed during the day to allow the applicators
maximum visibility. Areas such as electric substations, cemeteries and the airport, where
there is little public contact, will be sprayed during the day. Staff will continue to
evaluate new programs and products as they become available.
Public meetings will be held and residents notified in the Nette Shultz and Joe Skiles
Park areas. The purpose of the meetings will be to inform residents of the IPM program
being implemented at the two neighborhood parks. These meetings will also allow staff
to determine what the public believes are acceptable levels of weed infestation in the
parks and to help the public consider alternatives to 100% weed free turf.
The department will also remain in contact with schools and neighborhood groups and
work to schedule applications that do not conflict with events in the parks.
Design & Maintenance Standards
Staff has evaluated existing maintenance standards to move toward a system that is more
consistent with the IPM pilot program. The Parks and Recreation Department has
evaluated areas within North Lakes and South Lakes Park that could be classified as"No
Mow" areas. The areas that were selected are identified on their respective Master Plans
and are used as open space and have no other function. These azeas (approximately 37
acres), will be allowed to return to a native pasture, and could eventually be over-seeded
with native grasses and wildflowers. The department will continue to maintain and mow
some open space in the parks as required by City code and as is consistent with
community needs.
Future design of parks and landscapes within parks will consider site planning and plant
selection consistent with the IPM program, maintenance plan, and master plan for that
park.
Sfaff Research
In addition to the knowledge attained from time spent with Malcolm Beck, here in
Denton, and touring the Frito Lay facility with Howard Garrett in Plano, research into
products, vendors, and practices of other cities will continue to be pursued. Staff will
continue to seek out oppominities for training related to IPM and will research
opporh.uiities for grant funding.
Eva/uation
The Focus Group that met in June 2001 will meet in March or early April 2002 to
evaluate the changes made in the program and provide feedback on how the program
could be adjusted and/or expanded. The meeting in the spring will coincide with the
�epartment's • submittal of its budget, so that any resources x�eeded beyond the
department's current capability can be requested.
7
12/11/O1 9:42 AM
Glossary of Terms
� , � ��� � � � w � • ' � � � � ��' re at� t4��t ��� ; not
��a��� ��n�cl �����:� - Baits and �1������t ��•��°�wt� ����q�rl;�tors aze �-��u���
�°��������1� ��.�������.�es. Ba.rts r��c�� ��.� i���i��;�t r���t' � gul � �i����t�� ��a����r�r�� 'I� t��e �
reproductive cycle of specified insects and causes their mounds to die out due to attrition.
Plant Growth Regulators are chemical representations of naturally occumng hormones
called auxin and gibberellin that control the height and spread of plants. For instance
PRIMO causes turf grass to cease vertical growth for up to 8 weeks and also minimizes
lateral spreading without killing any vegetation so there is no need to weed-eat for up to 8
weeks and the plant material stays green vibrant and healthy so there is no erosion along
fences as compared to Roundup and you are left with attractive green grass adjacent to
the fence.
�������,�� ����,������ _ Control measures including modifications of the planting, growing,
cultivating, and harvesting of plants aimed at preventing of pest damage rather than
destruction o�an existing infestation. -- --
�,��������,� '� ���;��r�Ic� - The core ideology of asking oneself "Is this problem one that I
can remedy without choosing a pesticide. What will happen if I choose not to apply the
product? Will the City loose tangible assets if I choose not to spray; is this application
cost effective for what I am trying to remedy?"
����;����q�n — Control of disease by preventing its introduction into disease-free areas.
��:����i��cl� — A pesticide used for killing or inhibiting plant growth. A weed or grass
killer.
Host — any plant or animal on or in which another lives for nourishment, development or
protection.
���s���i�.a�� — A pesticide substance intended to prevent or destroy any insects which may
be present in any environment.
����� �;��;�� ��,�� �;�r�� �r�r���� - The Parks and Recreation Department defines IPM as a
pest management program where control is achieved through multiple tactics including
prevention, cultural practices, pesticides, exclusion, natural enemies, and host resistance.
The goal is to achieve long-term control of pests with minimal impact on non-target
organisms and the environment. In addition, strategies were to formally involve citizens
and park user groups in the decisions related to this issue.
LD 50 - LD 50 is common method of expressing the toxicity of a compound, and is
readily found on Material Safety Data Sheets (MSDS) for most products from ordinary
table salt to chemical pesticides. The term is the subscript for quantifying the amount of
milligrams per kilograms of actual undiluted product that are necessary for the
consumption of an exposed parry before 50% of the test subjects are adversely affected.
Dermal LD 50 is the amount of material that would have to be absorbed by the skin
during �tn e�cposure. � Oral LD �� is the amount of undiluted concentrate�that would have
:
12/ 11 /O 1 9:42 AM
to be consumed by the test population to effect a poisoning. The following diagram
demonstrates the lethal dose of some common products as well as chemical pesticides:
PROD�,1�"�' in order of
"�; .�...._,.�... �� �west
� �est Nicotine � o �
_..� _�..��� ��.___.�.�..�
Caifeine
.,�.... MSMA
��� _....�..
2,4-D herbicide
Orthene
�.��
Table Salt NaCI
1=:t�v� Alcohol
Barricade & Award
.�.� _��
Primo
� .�.� �.__._ �
Horticultural Oil
_�.— _.. � .._�..�
Kerosene
ORAL LD 50
�, .�.�,� ._..
50-60
200
700�
700
�..�....�
750
1,�47
3,�20
��,SC�� ..
>5����
....� ��
>5�000
_ 5,��0 .
>15,C���O
��,�Q��
._,4.�..., ���.�...��.�..�.�.....,
� �6
>��i��4�
�NA
For the s��� ��" ����ca�n�ia�%�on, a per���a wei�k�in� �oughly 220 pou�:cl� (1f�0 kg� ����ld
have to o�µaC�� c�z�����r�� �'�,C�00 mg o� �s��irin (��+��.�t 230 tablets) to �� ���v�rsely �.�"�`����d
by the product.
�i��a�i�1 ,�.��a�a�;� — Bacteria or other tiny plants or animals used to prevent damage by
or destroy insects.
������� �r������ — The predators and parasites in the environment that attack pest
species.
�`�m���� �� +�:rµ ���i�x�z — A plant or animal other than the one against which the pesticide
is applied.
�'"��t��:ar�� .�.�. �,.��� :����a:�i�z��,� ��' ��i�i��µ� �1 �����t����:� i��t��c��d f`��• ��°����:�k�;��� t����t�•r�yax��,
�°e���1�r�� ��` m.iti��;ti��� �u�.�r iz����t,�� r����l� �� t��l��� ��zr��� �af I�.�"� ��ra��r����� �a b� �r����;
��a.c� ��� ��,��,�t����� i�������� �+�r �:��� �� � ��l�ar�t° ��������tr��, ��i�t��::��t �a�° d��i��ara�1�.1
�� �����,,,�"`c��u�� �- ������ �v��i�l� i��as� ��:��,��: on ���:�ticide labels to ci����e t��� ����'a��ve
��:��i�i�� ��" �1°�� �t`�r����t. '�°���� �i����� ��r��� cat���r�es are: DAN���I�, �'t�:1�d�dG,
�:"��..�""�`.I:��1, �.t��l �;�i�l�T"IC)� - �1'� ���"'r]",ti��..� Vw�ORD.
DANGER - These pz�c��'�c��� ��r� ����1��1� toxic anc! ���^ a distinct �z������ r�K��ry�� of
DANGER on the front �a`' ���� l�b�� ��c���„ '��� a skull ���c� �rc�ss bones. In c���l��� t�a �.�`�'�ct a
�a��•�c��a r�rr���l�ing 150 ���.������ only a few �ir�a��� �+� �������t�ca�� n���� �c� �a� con����r�.
�w".r'��.�.�� - These �z•�c���ts are mod�r���l� �c�:�.�� ��c� ���x•�' � �i�ti�ct si�n�� °t���'� of
WARNING on the front of their label. ��.`�a° �� �c�t`���� �'�����1�� ��� P�����a'���� �'���' 1
teaspoon to 1 ounce would need to be consumed to cause harm.
G�
12/11/O1 9:42 AM
CAUTION - These products are slightly toxic and cany a distinct signal word of
CAUTION on their label. A person weighing 150 pounds would need to consume 1
ounce to_ 1_ pint or.l pound of the product to cause harm.
"�C�U'�"I�1oT -�R NO S�Gi�TAL �VORD - These products .are.�re.latively nontcxic ari� niZy
not even be subject to having a signal word on their label. A person weighing 150
pounds would need to consume over 1 pound or 1 pint of the concentrate of this product
to cause significant harm.
��������� ���,� ��� ���-�� - Looking for the problems and fixing them when they are
small and can be more often than not controlled with cultural or mechanical means rather
than that of choosing the chemical alternative every time. A common sense proactive
landscape management plan.
�
I"�G.,�i6��� ��.-U�� ��.
City of Denton
Parks and Recreation Department
PARK CLASSIFICATION PLAN
TURFGRASS MAINTENANCE
________ ________ F ,�,�,,,� „N��w„rv,������,��,����,,,.,n.�,��������m��.mmmmmmm �m� � �,,,,µ��W.
MAINTENANCE Class A Class B Class C Class D
TASK
_�...�..�..�.....________ _� ,��,��,x� ,�,�,,,,�,�, ,,,,,.,� ,�„�,�,�„ ������� �.�m���,
Mow, edge, and trim ' Every 7 days Every 14 days Every 30 days As needed to maintam
Mow at 2.5-3", Mow at 2.5-3", Mow at 2.5-3", an identified
clippings not clippings not clippings not particular natural state
collected. Leaves are ' collected. Leaves are collected. Leaves are or within City code
shredded and returned shredded and shredded and returned
to soil. returned to soil. to soil.
�. � � � _ _�m�,.� �� m..� . � ......_-- _ _ � � .........�...
Fertilization 3 lbs Nitrogen per ��m� 1 lb Nitrogen per None None
1000 sf per year in 2 1000 sf per year in
applications one application
(1.5# / application)
Irri ation 1 /week � � 4�
�. ,. � . .... .
g " , repairs None � ....� � None ....� ....� None . ��.�� �.�.
within 5 davs
_.._� � .� ... ��....... �.�..� .� ..� , ...A,�
Aerification 3 times/year in 2 times per year None None
conjunction with
fertilizer applications
m_.. �...�... . �..�..,,.n n .. � .�. � .�...ee .. m.,.. � . � �
Overseed/sod Overseed all bare None None None
areas in turfgrass once
during growing
season.
Leaf Removal �.�� Mow & �mulch � Mow & Mul.. .... ��������...� ....... ...... ............ � .... � . a .... .....
ch None None
Pesticide Program: January, Febru
a Use cultural methods � As needed to mamtain As needed to
ry, maintain
- Weed Control March as well as timely an identified an identified
Refer to IPM Program -Non selective post-emergent particular natural state particular natural state
requirements before herbicide on dormant applications to or within City code. or within City code.
applying pesticides. bermuda control unwanted
-Pre-emergent in vegetation as needed.
Do NOT use products February to early
containing the active March for summer If needed, use low
ingredients found in grassy weeds toxicity non-selective
the following (Barricade or herbicide, one
pesticides: 2-4,D, Dimension — application per year,
Dicamba, MCPP, and Pendimethalin late night time frame.
Simazine. Roundup on infield, Roundup, Finale, or
base paths and fences Manor may be used.
Limit Fusilade, in early March
Surflan & Snapshot to
planter and color beds April, May, June
ONLY. MSMA in May &
June (2 applications 7-
Limit Rodeo to banks 10 days apart) for
of creeks and ponds, grassy weeds if
hand sprayers only. needed. Roundup on
infeld, base paths and
Limit Primo to fences in April &
Hardscape items. June. Treat for Fire
.�.
f � r:°��✓ ��r�,rl� 2�� a�]��. .r� �
-- _ � ..�..... ...... ...... ........ ... ......
__ _m...
Ants in May with
Logic bait (growth
Blue dye must be regulator) 1 pound per
added to all spot spray acre.
applications, NOT
broadcast spray. July, August,
September
' Post signs for at least Pre-emergent for
72 hours after winter weeds by
application of any September 10. Treat
pesticide. for grub worms in late
July/ August as
Minimize contact needed.
with public.
October, November,
December
Treat for Fire Ants in
October with Logic
bait (growth regulator)
1 pound per acre
,����� � .... .... � .�,.�.___ �� . .... .......�.
Fertiliz r& Janua February, Treat as needed to None None
Aerification Program March prevent loss of turf
No fertilization or
aerification during this
period.
April, May, June
A single application of
fertilizer should take
place in mid May. It
should be applied at 1
pound of Nitrogen per
1000 s£ Aerifcation
of turf should be done
just prior to
application of
fertilizer.
July, August,
September
One application of
fertilizer should take
place during this
period in mid July. It
should be applied at
1.5 pounds of
Nitrogen per 1000 sf.
October, November,
December
No fertilization or
aerification during this
.... _��urrc��#.
��
I���n.���i������� ��� �)�. �.���
City of Denton
Parks and Recreation Department
PARK CLASSIFICATION PLAN
TREE / S��RUB MAINTENANCE
��,� „��,,,,, ��,�,.,����mm m����� �, ,,,,,».�,,,,,�,, _ _ — . _�.. _...----... „��,,,,,,,,:.�
MAINTENANCE Class A Class B Class C Class D
TASK
' Tree Trimming Remove�low li ������,� � ���� ���� � ��������
mbs as Only hazardous limbs Only hazardous limbs Only hazardous limbs
needed for safety & as needed. as needed. as needed.
equipment access.
Shrub Trimming� �� Complete trim 3 times� Complete �trim 2 times Not performed � Not �
performed
per year. per year.
.� .... __ .,.,._�.mmmm���. p .. �. �,,,� ....
Pesticide Pra am As needed to revent As needed to prevent Not performed Nat performed
Refer to IPM loss of plant material. loss of plant material.
Program
requirements before
applying pesticides.
.����.�����.�n� .... ........ .... �.m ..... ......���.
' Fertilization 2 times/year Nat perfortned Not performed Not performed
Stump Removal As needed when � As needed during As needed during � Only hazardous trees�
higher priority winter. winter. as needed, others
prajects are maintained for
completed. wildlife habitat.
I�,G ��f�,�Y�V C:� cl��.,.�7�1.
City of Denton
Parks and Recreation Department
PARK CLASSIFICATION PLAN
FLOWE ED/PLANTING MAINTENANCE
M,�,�. :,�,�n„n,�„nn,�,����,,,,,,,�,�,�����,,,,, . www��,W����w� A,�,�,�,�,,,,,,,,,,,��.�.�,,,,�,.
,�
MAINTElVANCE Class A Class B Class C�I Class D
TASK
Plantin ed 3 chan es er ear „�,,,,,,,,��� �Not pe����,�,�„�,�„������������,�„�„�„�,,,,,,,,,,,,,�,,,,,,,,,�,� � ���rv,
g/B g p y, rformed Not performed Not performed
Preparation when color is present.
_.......... � �� � �...m.......�.� ............._....__.. � ..........................._. m.m
Fertilization At planting; a Not performed Not performed Not performed
minimum of 3
times/year when color
is present
� �.� � �_...... . . �.�.� .. .... ...�.
Cultivation Weekly Not performed Not performed Not performed
_. . . .�.�......... ,_..
Mulch Apply 2 times/year Apply annually when Not perfortned Not performed
when color is present color is present.
�Pest Control �Maintain at Integrated Treat as needed to Not performed � Not perfo
rmed
' Refer to IPM Pest Management prevent loss of plant
Program (IPM) threshold material.
requirements before levels. Treat when
applying pesticides. Pest exceeds tolerable
threshold levels.
4-
1'�c,w�%� ,���i C'i �i�i� i)!{.
� l. �
'. . � ' - -. � �. �� .
� . � . . � � .
� � � r ' ; � , '
w ,,,,,,, �........ . _ ,�u�,�� ,,,,,,,,,,,,,,,�.,,,,,,,,,,,,,,,,,,,,,,,,,,,N�,,,, __... ,____�......................._ ,,,,�„� ,,,�,.,.,.�.��ww
MAINTENANCE Class A Class B Class C Class D
TASK
�������� m�m� � ��,,.,., �,�,n,w�,,a,�wwww Gwww����� ��m����������� ���. _ �,� ������
Pick up trash & littler; Pick up trash and Pick up trash, litter Pick up trash, litter Remove illegal
empty receptacles litter 5 days per week. and other debris twice and debris from all dumping as needed,
per week from April canspicuous park
through October. areas weekly from
From Navember April through
through March, pick October, monthly
up trash in all from November
canspicuous park through March.
areas once per week.
�5.
N��,".�%Y4^vc",k( �, � �1CJr �7'r.
• �- w
' � '' • �' �,
� . � . . � � .
���. � �; �., � '. .
,,::�,.�»,,,,� �,,,,m�:.,�,,,�,�o,��,��A�www„�wwu ��
MAINTENANCE Paved Lats Unpaved Lots
TASK
»»»»»»»»»»»�w��, �,�� _ �,,,,��-�,�,�,�,�„�,,,,,,�RRRRR������RRRR������R ������� ��R�����������������
Inspect Weekly Weekly
Repair As needed depending As neede� n g
_ _ _
' d depe
din
upon severity. upon severity.
Sweep ��������� 2 times/ ear��.�.� ......................�.. . .
y or as
needed
mmm�,,�.. .. .. �.
Edge Per mowing schedule Per mawing schedule
Weed Contro ..............................................
1 Apply pre-and post- Apply past-emergent
Refer ta IPM emergent herbicides herbicides three times
Program two times per year to per year.
requirements befare control unwanted
applying pesticides. vegetation grawing in
expansion cracks.
_____________.,� .... _m.
Crack Fill As needed
Seal Coat/Overlay
As needed
,,... .... .. - ,
Grade As needed
_..� n n ..... �.�... �. _ ...— . _...
Clean culverts and Monthly or as needed Quarterly or as
drain pipes needed
Striping/marking and Repaint once per year.
wheel stops
mm6_
�"�,"'-✓l r,i�_f �.,/ O/1 „�,.�� �.
w �' #
� � � � � �.
� � r �, � �, ► , �
� . � + � . .
,,,ry,,,,,,,,,,,,,,,,,,,,,,,: .. �,m,,,,,,,,,,�,
MAINTENANCE Class A, B, C, D
TASK
�,.,,��:-���,�w,�,�,W,�������.�.�� �:�. .LL���.
Inspect all equipment Weekly
for safety hazards
Re air As need
_� ... ed'
P
immediately,
....... �.�...... _� �
Play surfaces Free of vegetation,
litter and glass.
Inspect weeklv
...�������������.����.�.....�......._..��.�..........._. —�...��.� m.� ..............����
Redistribute resilient Weekl
surfacing
w� � .... ,.,_ mm, .,...
Rotatill sand Monthly or as needed
� Paint eq......� ................. ...._�._��,,,,,,,,,.....,...............e.
u'pment 1 time per year
(when applicable)
1 f' r,',,;1 ,� 1 l �� ri� �: P �
City of Denton
Parks and Recreation Department
PARK CLASSIFICATION PLAN
PA AMENITIES MAINTENANCE
m��������a�add,��,�.mw.
MAINTENANCE TASK Class A, B, C, D
Clean restrooms Clean and restock daily
Inspect restrooms Quarterly or by work order
Inspect Drinking Fountains Weekly during season of use — Mar
15 —Nov 15
Clean shelters and Picnic Pavilions Weekly or clean when reserved for
special events
_.....�_.� �
Vandalism/Graffiti Address within 48 hours of
notification
�.�........WW.m�.._____....�._WW ............................. . WW..............................._�_____
Water Features Inspect & maintain daily when in
- Mechanical use.
(Fountains)
- Natural Inspect & maintain as needed.
(Ponds. Lakes)
WWvv� WWW.v
Inspect and/or repair benches, Monthly or as needed
tables, grills
Inspect and/or repair park and Monthly or as needed
directional/street signs
__�_�.....�.www.�w_..... ...._ ��
Inspect and/or repair fencing Monthly or as needed
Inspect and/or repair security &� Monthly or as needed
parking lot lighting
_w�._�_
Inspect and/or repair swimming Daily or as needed during season
pools Pre & Post season inspection of
����
major repairs.
Inspect and/or repair neighborhood Monthly or as needed
tennis nets, net covers, striping,
and backboards.
__ _____ .� _____
Inspect and/or repair traffc Monthly or as needed
barriers (post & cable, bollards,
gates, handrails)
.�„.,��..�, , �__�.�..�_
Inspect and/or repair bridges. Monthly or as needed
Inspect Hike & Bike / Rail Trail Monthly or as needed
Inspect and/or repair sidewalks ' Monthly or as needed
Creeks and drainage ditches As needed �
mm8.
C'(.,'f 1.Eo`�Wi 1% �'�� �:.l;r
City of Denton Parks and Recreation Department
PARK CLASSIFICATION PLAN
ATHLETIC FIELD MAINTENANCE
,�mm��b��,,,,,,,� ��,,,,,,, ,,.,:� . .......... _ . ,_____.�
MAINTENANCE TASK Class A
Baseball Field
Annual Off Season Maintenance -Once a year add clay material if needed.
-Till up clay area to break up hard spots.
-Blade clay areas to proper grade.
-Remove any silt build up along grass and fence lines.
-Check outfield grass area for high and or low areas, and
for large cracks, silt in material if needed.
Grounds Maintenance - League play,
good quality, maintain safety standards
Maintained - -As scheduled for games
Restroom/Concessions -Permanent cleaned daily
Portable serviced weekly or as needed.
Safety Check (lights, glass, -2-3 times per week
fence, bleachers)
Pitcher Mound -As scheduled for games
Field Lights -Infield 30 foot-candles
Evers, Denia, N Lakes, F. Moore -Outiield 20 foot-candles
Roberts Field & Mack -50/30
Parking Lot -As scheduled for games
Scoreboards -Replace bulbs as needed.
Trades Maintenance Program
Turf Irrigation Systems -Monthly inspections & repairs as needed.
Drinking Fountains -Quarterly inspections
-Winterize November 15-March 15
Parking lots -Quarterly inspections
Ballfield lights -Monthly inspection & bulb replacement (if needed).
Bleachers -Quarterly inspections
Fences & Backstops -Quarterly inspections
Parking Lot Striping -Yearly inspections
Restrooms & Concessions -Plumbing, electrical and structural repairs as needed.
Scoreboards -Annual off season service or as needed
Softball Field
Annual Off Season Maintenance -Once a year add clay material if needed.
-Till up clay area to break up hard spots.
-Blade clay areas to proper grade.
-Remove any silt build up along grass and fence lines.
-Check outfeld grass area for high and or low areas, and
Grounds Maintenance - League play, for large cracks, silt in material if needed.
good quality, maintain safety standards
Maintained - -As scheduled for games
Restroom/Concessions -Permanent cleaned daily - Portable serviced weekly
Safety Check (lights, glass, -2-3 times per week
fence, bleachers)
Pitcher Mound -As scheduled for games
Lights -Infield 30 foot-candles
Denia, Evers & North Lakes -Outfeld 20 foot-candles
ParkinQ Lot -As scheduled for �ames
��
i �i.;'4; (`r("Cw IC �, �,�Jr �) �
Scoreboards �� ���,�����,�� ��-Replace bulbs as needed ��� �
Trades Maintenance Program
Turf Irrigation Systems -Monthly inspections
Drinking Fountains -Quarterly inspections
-Winterize November 15-March 15
Parking lots -Quarterly inspections
Ballfeld lights -Monthly inspection & bulb replacement (if needed).
Bleachers -Quarterly inspections
Fences & Backstops -Quarterly inspections
Parking Lot Striping -Yearly inspections
Restrooms & Concessions -Plumbing, electrical and structural repairs as needed.
Scoreboards -Annual off season service or as needed
�_...........�._.�W_ -__--___�.._�.�__ _�.. . _�..�._ _......_.�
Soccer/FootbalURugby Fields
Grounds Maintenance - League play,
good quality, maintain safety standards -Line with paint every two weeks.
Maintained - -As scheduled for games
Restroom/Concessions -Permanent cleaned daily & portable serviced weekly
Safety Check (lights, glass, -2-3 times per week
fence, bleachers)
Lights -20 foot-candles
Parking Lot -As scheduled for games
Trades Maintenance Program
Turf Irrigation Systems -Monthly inspections
Drinking Fountains -Quarterly inspections
-Winterize November 15-March 15
Parking lots -Quarterly inspections
Ballfield lights -Monthly inspection & bulb replacement (if needed).
Bleachers -Quarterly inspections
Parking Lot Striping -Yearly inspections
,�,,,�„�,m,� �,w,��w,,,,,,,,,,,,,,,,,,,,,,,,,, _—__ ___ __ ,���u,���,� �, �,
- lo-
���:����;�.;�i 1iY c�� ���.
City of Denton Parks and Recreation Department
PARK CLASSIFICATION PLAN
ATHLETIC FIELD MAINTENANCE SPECIFICATIONS
����„��� ,�,�„��,,,,.mmm�W�,,,, ____—v ,,,,,,,,,,,,,,�.�,,,,��� ��,a ��,�,m,,,,,,,,,,,,,,,,mm,,,,,,,,,,,,,,,,,,,,,,,,� �
MAINTENANCE TASK Class A
� _.�. _ �.�.�...�.___�.� ..������
��auvKr�.�� � Every 7 days
��.__�� _� ����m ..�....�...�..... �. _ ....... ......��.__.__
Fertilizer 2 times per year
......._ �.�.mW W W W W .�. ......... �..._� _____
Weed Control 2 times per year
_ _ .�.�.� � � �_....__ ��. �____ _
l�rr ��,��ii���� 3 inches per month
��..... ..� W _.�_ _ ....._m _ _ ....... .........
Aerification 3 times a year
_____
Pest Control As required
._..__�._.�.mW ��.._..�.� .. _ _
Chemical Trim ' 3 times per year
�_�.._��. � --___ �,......___�_
t,}r•� ��i�� r F'i�eld n� 3-5 times per week
Litter C'iul�a�� 3-5 times per week during season
Pesticide Program January, February, March �
Refer to IPM Program -Non selective herbicide on dormant bermuda
requirements before applying -Pre-emergent in February to early March for summer grassy
pesticides. weeds (Barricade or Dimension - Pendametholyne (sp?)
-Roundup on infield, base paths and fences in early March
Do NOT use products containing
the active ingredients found in April, May, June
the following pesticides: 2-4,D, MSMA in May & June (2 applications 7-10 days apart) for grassy
Dicamba, MCPP, and Simazine. weeds if needed. Roundup on iniield, base paths and fences in
April & June. Treat for Fire Ants in May with Logic bait (growth
Limit Fusilade, Surflan & regulator) 1 pound per acre.
Snapshot to planter and color �
beds ONLY. July, August, September
Pre-emergent for winter weeds by September 10. Treat for grub
Limit Primo to Hardscape items. worms in late July/ August as needed.
Blue dye must be added to all October, November, December
spot spray applications, NOT Treat for Fire Ants in October with Logic bait (growth regulator) 1
broadcast spray. pound per acre
Post signs for at least 72 hours
after application of any pesticide.
Minimize contact with �a����ll�,.
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Fertilizer & Aerification January, February, March
Program No fertilization or aerification during this period.
April, May, June
A single application of fertilizer should take place in mid May. It
should be applied at 1 pound of Nitrogen per 1000 sf. Aerification
of turf should be done just prior to application of fertilizer.
July, August, September
One application of fertilizer should take place during this period in
mid July. It should be applied at 1.5 pounds of Nitrogen per 1000
sf.
October, November, December
No fertilization or aerification durinQ this period.
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City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
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Legislation Text
File #: ID 18-226, Version: 1
AGENDA CAPTION
Receive a report, hold a discussion, and give staff direction regarding a proposed expedited competitive process
for Professional Engineering services for the City's public works infrastructure and the Capital Projects
program.
City of Denton Page 1 of 1 Printed on 2/9/2018
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www.cityofdenton.com
DEPARTMENT:
AGENDA INFORMATION SHEET
Capital Projects
CM/ DCM/ ACM: Mario Canizares
DATE:
SUBJECT
February 13, 2018
Receive a report, hold a discussion, and give staff direction regarding a proposed expedited competitive
process for Professional Engineering services for the City's public works infrastructure and the Capital
Projects program.
BACKGROUND
In an effort to expedite capital project delivery, the Capital Projects Department began an effort last summer
to clear bottlenecks and delays in the project delivery process. One of the primary causes for projects delays
was the commitment to in-house design of most capital projects. This created a resource problem in that
staff was not large enough to deliver the number of projects included in previous bond programs. As a
result, capital projects took too long to design and go to construction to the point that construction inflation
has significantly impacted the City's ability to fund projects. Over time, the strength of previous bond
dollars has eroded to the point that projects that have been in the planning and design phase over the last
10-years are significantly underfunded. Current construction inflation rates are passing 1% compounded
monthly, which yields approximately a 12.5% in construction costs for each year that a project is delayed
in going to construction.
In an effort to resolve this impact and risk to project delivery, the Capital Projects Department moved all
projects of any significant size (mostly projects over $250,000 in construction costs) away from in-house
design to utilizing professional engineering consultants to design projects quickly. While this presents a
premium on the cost for design services, it is offset by the improvement in delivering projects on time for
construction and the opportunity cost that is realized by delivering projects quickly. Professional
engineering consultants have more resources available to focus on design quickly and effectively than the
resources available to staff making the consultants role in delivering large capital projects critical to
preventing long term construction cost inflation by completing designs in 12-months or less.
One drawback to the solicitation of professional engineering services is the process of requesting
qualifications (RFQ) prior to negotiating, awarding and executing design contracts. On average, the RFQ
process will add two to three months to any design schedule prior to taking a negotiated contract to council
for award and execution. This not only costs additional project funds in staff time to assemble, advertise
and review the RFQ's on a project, but it also increases the overall construction budget. In an effort to
minimize the amount of time, cost and potential project delays required to take individual projects through
the RFQ process, the Capital Projects Department advertised an RFQ for design, project management and
development review services that will be needed to expedite project delivery over the next three years. In
essence, this process provides a method of qualifying design consultants for a wide range of services
required to deliver current and future capital project delivery over a three year span.
In November of 2017, an RFQ was advertised for professional services in seven categories including proj ect
management, development review, design of roads, bridges and intersections, design of traffic signals and
street lights, design of storm water infrastructure, design of water infrastructure and design of wastewater
infrastructure. A pre-submittal meeting was held on November 16, 2017, with more than 50 engineering
consultants represented. All Statements of Qualification (SOQ's) that were received by the submittal
deadline of November 30, 2017, are being reviewed by staff from multiple divisions and departments. This
process involves the review of over 40 SOQ's and the ranking of each firm in the categories they submitted
on. This process insures that not only are all consultants reviewed fairly and based on criteria spelled out
to each consultant in the original RFQ, but it also ensures that the City can use this RFQ process for
consultant selection and contract negotiation regardless of the project funding source (i.e. state and/or
federal funding).
To further expedite engagement of professional services, the ranking of each consultant through the
evaluation process will serve to identify the most qualified firm to receive a task order, or "blanket", contract
that is limited in capacity for professional services required but not currently identified over the next three
years. In other words, staff will negotiate a contract with the top evaluated firm in each category will for
maximum not-to-exceed dollar amount for projects that will be defined over the next three years to reduce
the contract award time and take projects to construction faster. Upon expiration of these contracts within
in three years, the City would then advertise another RFQ for professional services. The nature of these
task order contracts will be to provide design services for high priority projects where time is the primary
factor. However, any qualified professional firm that submitted under this RFQ is eligible to receive
contracts for professional services that would go through the normal negotiation and council award process.
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:
Related Goal:
community's needs
EXHIBITS
Public Infrastructure
2.5 Develop a Capital Improvement Program that will meet our
1. Agenda Information Sheet
2. RFQ 6590 Engineering Services
3. RFQ 6590 General Provisions
4. RFQ 6590 Statement of Work
5. Professional Services Presentation
Respectfully submitted:
Mario Canizares
Assistant City Manager
Prepared by:
��""�_�
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W. Todd Estes, P.E., 349-8917
City Engineer
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Materials Management Department
901-B Texas Street
Denton, Texas 76209
REQUEST FOR QUALIFICATIONS
RFQ 6590
PROFESSIONAL ENGINEERING SERVICES
FOR THE CITY OF DENTON
NIGP CLASS and ITEM
925 00
Issue Date: November 3, 2017
Response due Date and Time (Central Time):
Thursday, November 30, 2017, 11:00 A.M.
The City highly recommends that respondents do not wait until minutes before the
due date and time to email a submission.
It can take significant time for the submissions to reach the City.
City of Denton
RFQ for Professional Engineering Services
Table of Contents
1. INTRODU CTI ON ....................................................................................................................................................... 3
2. SERVICE DESCRIPTION ......................................................................................................................................... 3
3. MINIMUM QUALIFICATIONS ................................................................................................................................ 3
4. SCHEDULE OF EVENTS .......................................................................................................................................... 4
5. PRE-SUBMITTAL CONFERENCE .......................................................................................................................... 4
6. CONTRACT TERM ................................................................................................................................................... 4
7. PRICING .....................................................................................................................................................................5
8. ADDENDA ................................................................................................................................................................. 5
9. BUSINESS OVERVIEW ............................................................................................................................................ 5
10. STATEMENT OF QUALIFICATIONS ..................................................................................................................... 5
11. EXCEPTIONS ............................................................................................................................................................ 6
12. REFERENCES ............................................................................................................................................................6
13. DISCLOSURES .......................................................................................................................................................... 6
14. ACKNOWLEDGEMENT ...........................................................................................................................................6
15. SUBMITTAL INSTRUCTIONS ................................................................................................................................ 7
a. Submission Format ...................................................................................................................................................... 7
b. Electronic Submission Requirements .......................................................................................................................... 8
16. EVALUATION PROCEDURES ................................................................................................................................ 8
17. CONTACT BETWEEN RESPONDENT AND THE CITY ..................................................................................... 10
SOLICITATION CHECKLIST ................................................................................................................................... 11
ATTACHMENT A-BUSINESS OVERVIEW QUESTIONNAIRE AND FORMS ................................................... 12
ATTACHMENT B-SUBMISSION EXCEPTIONS .................................................................................................... 14
ATTACHMENT D-REFERENCES ............................................................................................................................ 15
ATTACHMENT E-CONFLICT OF INTEREST QUESTIONNAIRE ........................................................................ 16
ATTACHMENT F-ACKNOWLEDGEMENT ............................................................................................................ 17
Exhibit 1
Exhibit 2
Exhibit 3
Exhibit 4
Exhibit 5
Exhibit 6
NOT APPLICABLE
General Provisions, Standard Terms and Conditions and Appendices
Statement of Work
NOT APPLICABLE
NOT APPLICABLE
NOT APPLICABLE
RFQ 6590 - Main Document Page 2 of 17
City of Denton
RFQ for Professional Engineering Services
L INTRODUCTION
In accordance with the provisions of Texas Government Code, Chapter 2254, the City of Denton (the
City) is requesting submissions to contract with an individual or business with considerable experience
in providing the services of this solicitation. The responses sha]1 be submitted to the City of Denton in
a sealed submission.
The awarded individual or business shall possess a proven track record of using innovative
approaches to providing services that represent the best value to their clients. The awarded individual
or business shall have the ability to accomplish all aspects of the requested services. The selected
individual or firm should be able to provide innovative methods to deal with municipal challenges,
and cost effective solutions.
2. SERVICE DESCRIPTION
The City is seeking a professional services contract for Professional Engineering Services relating to
seven categories of work including project management, project review, and the design of roads,
intersections, water projects, wastewater projects, and storm water projects. Respondents may apply
for any and all of the above categories of work.
The products and services shall be accomplished per all exhibits identif'ied in the table of contents.
3. MINIMUM QUALIFICATIONS
The following minimum requirements must be demonstrated in order for the submission to be
considered responsive to the City of Denton. Any submission received, which is determined to not
meet these mandatory requirements shall be immediately disqualified and rejected as non-responsive.
• A demonstrated competence in providing services the submitter wishes to be considered in
the following types of work route studies and schematic design; minor bridge layouts;
major and minor roadway design; routine bridge inspection; traffic engineering studies;
water infrastructure design; wastewater infrastructure design; traffic signal timing; traffic
control systems analysis, design and implementation, intelligent transportation system;
signing, pavement marking and channelization; ITS control systems analysis, design and
implementation; street and pedestrian illumination design; traffic signal design; bicycle and
pedestrian facility design; storm water analysis and design; boundary and topographic
surveys; environmental analysis and design; right of way acquisition support; easement
acquisition support; geotechnical exploration and design; subsurface utility exploration;
pavement design; water design; sanitary sewer design; project management services;
construction phase assistance and obtaining permits and/or agreements with external
agencies and organizations.
• Lead engineer and any other firm employee that will be signing/sealing official documents
must be licensed by the Texas Board of Profession Engineers. Attached a copy of licenses
or certifications.
RFQ 6590 - Main Document Page 3 of 17
City of Denton
RFQ for Professional Engineering Services
• Three (3) references from governmental entities for the specific services the submitter
wishes to be considered. The City prefers references from municipalities of similar size.
• The responding individual or business must be registered in the State of Texas, or the
County of Denton, to provide the products or services required in the solicitation, and the
individual or business must have all licensure required by the State to provide any services
required under this contact.
To learn how to obtain information about filing with the State of Texas, or obtaining copies
or certificates from the Secretary of State visit Webpage:
http://www.sos.state.tx.us/corp/copies.shtml; Phone 512-463-5578; or email corpcert(a�sos.state.tx.us.
• Submittal documents including a cover sheet, Solicitation Checklist, Statement of
Qualifications, Attachments A-F and any additional requirements, per the method
described in SUBMITTAL INSTRUCTIONS.
4. SCHEDULE OF EVENTS
The City of Denton reserves the right to change the dates indicated below:
Solicitation Schedule:
Issue Solicitation:
Pre-submittal conference
Deadline for Submission of Questions:
Deadline for Submission of Responses:
Evaluate and rank initial results:
Completion of Negotiations:
Official Award:
11/3/2017
11/16/2017 at 2:00 PM CST
11/20/2017 at 11:00 AM CST
11/30/2017 at 11:00 AM CST
1/30/2017
1/15/2018
2/9/2018
The City of Denton is using the solicitation `Issue Date' as noted in the Schedule of Events above as
the officia130 day notification requirement for an interview with a firm.
5. PRE-SUBMITTAL CONFERENCE
A non-mandatory, pre-solicitation conference will be available to interested contractors. Attendance
at the pre-solicitation conference is strongly encouraged prior to submission of a response. The
conference will be held on Thursday, November 16, 2017 at 2:00 PM in the Purchasing Conference
Room, 901B Texas Street, Denton, Texas 76209.
Internet link to meetin� location:
http://maps .�o o�le. com/mabs?f=q&source=s�&h1=en&�eoco de=&q=901b+Texas+Street,+Denton,+TX&aq=&sll=3 7.
0625,-95.677068&ssbn=45.332616,107.929687&ie=UTF8&hq=&hnear=901+Texas+�t,+Denton,+Texas+76209&z=16
6. CONTRACT TERM
It is the intention of the City of Denton to award a contract for a one (1) year period. The City and the
Awarded Contractor shall have the option to renew this contract for an additional two (2) one-year
RFQ 6590 - Main Document Page 4 of 17
City of Denton
RFQ for Professional Engineering Services
periods. Materials and services undertaken pursuant to this solicitation will be required to commence
within fourteen (14) days of delivery of a Notice to Proceed.
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 in accordance with the provision of the section titled
"price adjustments", or the section(s) titled "termination" in Exhibit 2. 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.
7. PRICING
This contract is for professional services as defined in the Texas Government Code 2254 and price
shall not be solicited. The City will select a firm on the basis of demonstrated competence and
qualifications to perform the services described in this RFQ. Once the most qualified firm(s) are
selected, a fair and reasonable price will be set. The professional fees under this contract may not
exceed any maximum provided by law.
Compensation will be negotiated with the most highly qualified and experienced firm. Professional
services will include the Professional's schedule of document preparation costs, as well as hourly
rates. Upon completion of the work, the Professional will provide electronic files, plots, maps,
exhibits, field notes, and/or other materials as requested by the City.
Accepted negotiated prices must remain firm for the entire contract period, including any periods of
extension or renewal. At the time of any renewal or extension of the contract, the city or the supplier
may request a price adjustment based upon the economy. All requests for a price adjustment must
include detailed documentation and rationale to support the requested adjustment. The party to whom
a request for price adjustment is made may, in its sole discretion, accept or reject the request. Any
price adjustment must be mutually agreed upon in writing by the parties, and shall be effective for the
applicable renewal term.
8. ADDENDA
Respondents are required to acknowledge addenda with their submission. Respondents will be
responsible for monitoring the City of Denton Purchasing website at www.dentonpurchasing.com to
ensure they have downloaded and signed all addenda required for submission with their submission.
Respondents should acknowledge each individual addendum on Attachment F.
9. BUSINESS OVERVIEW
Respondent shall complete the Business Overview Questionnaire as applicable per Attachment A.
10. STATEMENT OF QUALIFICATIONS
Statement of Qualification should be no longer than 25 pages. All pages with the exception of the
front cover, the back cover and qualified divider sheets will be counted in the 25 pages. In order to
be considered a qualified divider sheet, the page may have a description (i.e. Project Team,
RFQ 6590 - Main Document Page 5 of 17
City of Denton
RFQ for Professional Engineering Services
Experience, etc) or a numeral on the divider tab only. Resumes and/or brochures will be included in
the page count. Cover letters (if bound into the SOQ) will be included in the page count. Please
include at a minimum the following:
• A maximum three (3) page narrative as to the firm's interest, particular abilities and
qualifications related to this proj ect.
• The location of your office where the majority of the work on the project will be performed
and the approximate number of employees in that office.
• Resumes of key personnel to be assigned to this project with an organizational chart.
• A list and general description of each project that the above-mentioned staff has performed
that would indicate your firm's ability to perform the work being considered. At least five
(5) project examples should be included. The list of specific projects shall indicate the
professional services necessary to accomplish the project, along with your client's name
and phone number.
11. EXCEPTIONS
The Request for Qualifications (RFQ) process allows for negotiation of the terms and conditions of
this proposal. The respondent shall note any exceptions to the solicitation document, on Attachment
B. The exceptions will be reviewed to ensure they meet the minimum specifications and requirements
and will be ranked in accordance with the evaluation criteria. The City reserves the right to accept,
reject or negotiate the exceptions provided.
Respondents shall itemize all exceptions on Attachment B. Additional pages may be added as
necessary. Do not mark or change the text of the solicitation document, exceptions shall be noted
only on Attachment B.
If no exceptions are taken, the respondent shall sign and return Attachment B in the appropriate
signature block.
12. REFERENCES
Respondents shall provide a list of three references as noted in Attachment D.
13. DISCLOSURES
The individual or business must disclose any business relationship that would have an effect, of a
conflict of interest. A conflict of interest statement must be signed as part of the contract negotiated
with the awardee(s). (Attachment E)
14. ACKNOWLEDGEMENT
Submit a signed acknowledgement by authorized agent of the responding firm (Attachment F)
RFQ 6590 - Main Document Page 6 of 17
City of Denton
RFQ for Professional Engineering Services
15. SUBMITTAL INSTRUCTIONS
The City of Denton will accept electronic or hard copv submittals until the date and time on the
cover sheet of this solicitation. Any submission received after the date and/or hour set for
solicitation opening will be returned unopened.
Electronic submittals may be emailed to ebids(c�,citvofdenton.coin with the solicitation number and
name in the subject line. Please consolidate attachments as much as possible, and do not exceed 35MB
total for attachments. Emails received by the City will remain unopened until after the due date and
time. Only authorized Materials Management Staff will have access to the e-bid email inbox. Please
do not email the buyer directly to ensure security of the proposal. Electronic proposals must be
received bv the Citv before the due date and time. The date and time used bv the Citv shall be
the official time. It is hi�hlv recommended that respondents do not wait until minutes before
the due date and time to email their submission. It can take si�nificant time for the email to
reach the Citv.
Hard copy submissions may be hand delivered (by firm or express courier) to the address listed below:
City of Denton
Materials Management
SOLICITATION NUIVIBER AND NAME
901B Texas Street
Denton, TX 76209
The City of Denton reserves the right to accept or rej ect in part or in whole any submission, and to waive
technicalities of the submission, in the best interest of obtaining best value for the City.
Each respondent is responsible for taking the necessary steps to ensure their submission is received by
the date and time noted herein. The City is not responsible for missing, lost or late mail or any mail or
email delays, internal or external, that may result in the submission arriving after the set time.
a. Submission Format
Respondents shall provide detailed information to allow the City to properly evaluate the submission.
The City requests the following format be used:
a. Hard copy submissions shall be bound only utilizing a staple or binder clip. Do not submit
responses in a binder or file folder.
b. Submission shall be no more than 200 pages in length
c. Utilize tabs to identify exhibits and attachments
d. The submission shall be in the following order:
l. Coversheet — including Solicitation number and name, firm name, address,
contact name, phone, fax, website and email address.
2. Completed Solicitation Checklist
3. Statement of Qualifications
4. Attachment A- Business Questionnaire
RFQ 6590 - Main Document Page 7 of 17
City of Denton
RFQ for Professional Engineering Services
5. Attachment B- Exception Form
6. Attachment C-Safety Record (if applicable form will be attached)
7. Attachment D -References
8. Attachment E-Conflict of Interest Questionnaire Form
9. Attachment F-Signed Acknowledgement form
10. Appendices may be used for additional documentation or clarification at the
respondent's option.
e. Hard Copy submittals shall include one (1) original signed by an officer authorized to bind
the firm, and three (3) copies of the completed response.
£ Submit response, before the published due date. Hard copy submittals must be in a sealed
envelope with the solicitation number and name.
b. Electronic Submission Requirements
If a respondent is only submitting a hard copy, they shall provide a flash drive, containing a
complete copy of the response to this solicitation, or submit electronically to
ebids@cityofdenton.com. Emails to the City should include the RFP number and name in the
subject line, consolidate attachments as much as possible, and not exceed 35MB total. Please do
not email the buyer directly to ensure security of the proposal
16. EVALUATION PROCEDURES
Selection of a firm(s) to provide the aforementioned materials and services shall be in accordance with
the City of Denton Purchasing Policies and procedures and the State of Texas Government Code 2254.
The City of Denton shall open all submissions and evaluate each respondent in accordance to the below
criteria:
Step 1: The City of Denton will evaluate the submission in accordance with the selection criteria and
will rank the firms on the basis of the submittals. The City of Denton, reserves the right to
consider information obtained in addition to the data submitted in the response. The selection
criterion is listed below:
a) Identif'ication and understanding of the City's requirements for this project
(FACTOR: 20%)
The respondent's understanding of the objectives and scope of the requested services of
the primary areas, in a clear and concise, written expression. The respondent will provide
all the appropriately requested criteria consideration to be a critical component of the
evaluation.
b) Past Performance and experience on projects of this magnitude and complexity
(FACTOR: 20%).
The respondent's successful experience in projects within the primary areas similar to
the scope of work requested in this RFQ will be a major consideration. Based on the
past performance of both the individual project personnel and the respondent, The City
of Denton will determine if the respondent has the track record to provide the required
services in successfully administering similar projects.
RFQ 6590 - Main Document Page 8 of 17
City of Denton
RFQ for Professional Engineering Services
c) Experience and qualif'ications of the Respondent (FACTOR: 20%).
The qualifications of the respondent in terms of experience, service capability and
resources will be reviewed in order to assess the ability of the respondent to successfully
complete projects to be assigned under this RFQ. The firm's ability to provide the
necessary professional and technical expertise and supervision will be a major
consideration.
d) Key personnel and Project Team available for work categories submitted upon
(FACTOR: 20%).
The qualifications and experience of the individuals who will be directly assigned to the
primary areas is a major evaluation factor to be considered. The personnel cited shall be
designated as to whether they are an employee, consultant or contract employee of the
RFQ respondent. Their educational and professional credentials as well as direct
experience on similar proj ects will be considered in evaluating the respondent. Experience
with other municipally funded projects and familiarity with municipal requirements and
procedures will also be considered in the evaluation process.
e) Ability to meet schedules for each category of service submitted upon (FACTOR:
20%)
Respondents shall demonstrate methodology and examples of ability to meet both fast-
track and more conservatively scheduled projects resulting from this RFQ.
The total possible score of the submissions shall be scored and weighted as indicated above,
Step 1 items a-e. Based on the outcome of the computations performed, each submission
will be assigned a raw score. The assigned weight will then be applied to these scores to
calculate an overall score for each submission for completion of the final scoring process.
Step 2: City of Denton will proceed to negotiate a contract with the highest ranked firm. The City may
elect to conduct oral discussions, request clarifications, and presentations concerning the
project approach and ability to furnish the requirements, as part of the negotiation process.
Provided the City of Denton cannot successfully contract with the highest ranked firm, the
City of Denton sha]1 formally, and in writing, end all negotiations with that firm and the City
of Denton may elect to proceed to negotiate with the next firm in the order of the selection
ranking until a contract is reached or negotiations with a]1 ranked firms end, in accordance
with Texas Government Code 2254.
Step 3: A written recommendation will be presented to the appropriate approving authority for the
City of Denton (the City Manager, Public Utility Board, City Council) requesting
authorization to proceed with contract execution for the proposed services.
In accordance with Local Government Code 252.049, trade secrets and confidential information in
competitive sealed proposals are not open for public inspection. All submissions shall be opened in a
manner that avoids disclosure of the contents to competing respondents and keeps the responses secret
during negotiations. A public opening will not be conducted with this process.
RFQ 6590 - Main Document Page 9 of 17
City of Denton
RFQ for Professional Engineering Services
After the contract has been awarded all submissions will be open for public inspection, and the
unsuccessful respondent(s) may request a debriefing regarding their submittal. Please contact the City
of Denton Materials Management staff to document the request for a debriefing. A meeting with the
City of Denton Materials Management Staff and the using Division will be scheduled within a
reasonable time.
17. CONTACT BETWEEN RESPONDENT AND THE CITY
Respondents shall direct all inquiries and communications concerning this solicitation to the Point
of Contact(s) listed below:
Karen Smith
Purchasing Manager
901-B Texas Street
Denton, TX 76209
(940) 349-7100
Fax: (940) 293-1837
Karen. smith(a�city o fdenton. com
RFQ 6590 - Main Document Page 10 of 17
City of Denton
RFQ for Professional Engineering Services
SOLICITATION CHECKLIST
Check
when Task to be Compieted by Respondent
Com leted
Review Exhibit 2— General Provisions and Terms and Conditions
Review E�ibit 3— Sco e of Work/Technical S ecifications
Cover sheet
Solicitation number
Solicitation name
Firm name
Firm address
Contact name
Contact phone
Contact fax
Website address
Contact email address
Solicitation Checklist
Attachment A- Business Overview Questionnaire
Document how firm meets minimum ualifications (Section 3)
Detail to su ort evaluation criteria
Statement of Qualifications
Attachment B— Exce tion Form
Attachment C— Schedule and Bud et Com liance Form
Attachment D — Reference Form
Attachment E— Conflict of Interest Questionnaire Form — with si nature
Attachment F - Acknowled ment
Acknowled ment of Addenda
Submission si ned b authorized officer, in the order s ecified below
Hard Copv Submission: If submitting a hard copy, the City requires one (1) original and
three (3) co ies.
Electronic Submission: If submitting an electronic proposal only, email to
Ebids c�ci ofdenfon.com with the Solicitation # and name in the sub'ect line.
Submit response, with tabs marking each section, in the following order:
Order for
Submission Document
1 Cover Sheet
2 Solicitation Checklist
3 Attachment A- Business Overview Questionnaire
4 Statement of Qualifications
5 Attachment B— Exce tion Form
6 Attachment C- Schedule and Bud et Com liance Form
7 Attachment D— Reference Form
8 Attachment E— Conflict of Questionnaire Form
9 Attachment F- Acknowled ment
RFQ 6590 - Main Document Page ll of 17
City of Denton
RFQ for Professional Engineering Services
ATTACHMENT A-BUSINESS OVERVIEW QUESTIONNAIRE AND FORMS
1. Contract Information (for formal contracting purposes):
The following information will be used to write a contract, should your firm be selected for
award.
• Firm's Legal Name:
• Address:
• Agent Authorized to sign contract (Name):
• Agent's email address:
2. Subsidiary of:
3. Organization Class (circle):
Partnership Corporation Individual Association
4. TaY Payer ID#:
5. Date Established:
6. Historically Underutilized Business: Yes or No
7. Does your company have an established physical presence in the State of Texas, or the City of
Denton? Yes or No, in which?
8. Please provide a detailed listing of all products and/or services that your company provides.
9. Has your company filed or been named in any litigation involving your company and the
Owner on a contract within the last five years under your current company name or any other
company name? If so provide details of the issues and resolution if available. Include lawsuits
where Owner was involved. (Notice: Failure to disclose this information during proposal
submission, and later discovered, may result in contract termination at the Owner's option.)
RFQ 6590 - Main Document Page 12 of 17
City of Denton
RFQ for Professional Engineering Services
10. Have you ever defaulted on or failed to complete a contract under your current company
name or any other company name? If so, where and why? Give name and telephone number
of Owner.
11. Have you ever had a contract terminated by the Owner? If so, where and why? Give name
and telephone number (s) of Owner (s).
12. Has your company implemented an Employee Health and Safety Program compliant with 29
CFR 1910 "General Industry Standards" and/or 29 CFR 1926 "General Construction
Standards" as they apply to your Company's customary activities?
ht��://www.osha.gov/�ls/oshaweb/owasrch.search forin?� doc tvt�e=STANDARDS&t� toc
level=l&t� lcevvalue=1926
13. Provide details to support the evaluation criteria, includin� experience and deliverv.
14. Provide details on how firm meets the minimum pualifications stated in this Main
document Section 3.
a. The details must be completed on this form, and shall not point to another document
in the respondent's proposal.
b. Sign below and return form with final submission.
I certify that our firm meets the minimum qualifications as stated in this Main document, section 3.
Signature Company Date
RFQ 6590 - Main Document Page 13 of 17
City of Denton
RFQ for Professional Engineering Services
ATTACHMENT B-SUBMISSION EXCEPTIONS
� exceptions taken to this solicitation (including terms and conditions in Exhibit 2, the General Provisions and
Terms and Conditions) must be itemized on the lines below. Additional pages may be added as needed. If there are
no exceptions, please sign where indicated at the bottom of the page
Item # Description
The above exceptions (and any additional pages identified) are the ONLY exceptions to the specifications, General
Provisions and Terms and Conditions in E�iibit 2, and sample contract to this solicitation. I understand that the City may
not accept additional exceptions produced after final submission of this proposal.
Signature Company Date
No Exceptions are taken to this solicitation or the General Provisions and Terms
and Conditions in Exhibit 2.
Signature Company Date
RFQ 6590 - Main Document Page 14 of 17
City of Denton
RFQ for Professional Engineering Services
ATTACHMENT D-REFERENCES
Please list tY�ree (3) Government references, other than the City of Denton, who can verify the quality of service
your company provides for each of the specific professional services to be considered. The City prefers customers
of similar size and scope of work to this solicitation.
REFERENCE ONE
GOVERNMENT/COMPANY NAME:
LOCATION:
CONTACT PERSON AND TITLE:
TELEPHONE NUMBER:
SCOPE OF WORK:
CONTRACT PERIOD:
REFERENCE TWO
GOVERNMENT/COMPANY NAME:
LOCATION:
CONTACT PERSON AND TITLE:
TELEPHONE NUMBER:
SCOPE OF WORK:
CONTRACT PERIOD:
REFERENCE THREE
GOVERNMENT/COMPANY NAME:
LOCATION:
CONTACT PERSON AND TITLE:
TELEPHONE NUMBER:
SCOPE OF WORK:
CONTRACT PERIOD:
RFQ 6590 - Main Document Page 15 of 17
City of Denton
RFQ for Professional Engineering Services
ATTACHMENT E-CONFLICT OF INTEREST QUESTIONNAIRE
CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ
For vendor or other erson doin business with local overnmental entit
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.
1 Name of vendor who has a business relationship with local governmental entity.
2 � Check this box if you are filing an update to a previously filed questionnaire.
(The law requires thaY you file an updated completed questionnaire with the appropriate filing authority not later than the 7rh business day a$er the
date on which ou became aware thaY the ori inall filed uestionnaire was incom lete or inaccurate.)
3 Name of local government officer about whom the information in this section is being disclosed.
Name of Officer
This section, (item 3 including subparts A, B, C& D), must be completed for each officer with whom the vendor has an employment or other business
relationship as defined by Section 176.001(1-a), Local Goveinment Code. Attach additional pages to this Form CIQ as necessaiy.
A. Is the local goveinment officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor?
� Yes � No
B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local goveinment officer
named in this section AND the taxable income is not received from the local goveinmental entity?
� Yes � No
C. Is the filer of this questionnaire employed by a coiporation or other business entity with respect to which the local goveinment officer seives as an
officer or director, or holds an ownership of one percent or more?
� Yes � No
D. Describe each employment or business and family relationship with the local govemment officer named in this section.
4 ❑I have no Conflict of Interest to disclose.
5
Signature of vendor doing business with the goveinmental entity Date
RFQ 6590 - Main Document Page 16 of 17
City of Denton
RFQ for Professional Engineering Services
ATTACHMENT F-ACKNOWLEDGEMENT
The undersigned agrees this submission becomes the property of the City of Denton after the off'icial opening.
The undersigned affirms he has familiarized himself with the specification, drawings, exhibits and other documents; the
local conditions under which the work is to be performed; satisfied himself of the conditions of delivery, handling and
storage of materials and equipment; and all other matters that will be required for the work before submitting a response.
The undersigned agrees, if this submission is accepted, to furnish any and all items/services upon which prices are offered,
at the price(s) and upon the terms and conditions contained in the specification. The period for acceptance of this
submission will be 120 calendar days unless a different period is noted.
The undersigned affirms that they are duly authorized to execute this contract, that this submission has not been prepared
in collusion with any other respondent, nor any employee of the City of Denton, and that the contents of this submission
have not been communicated to any other respondent or to any employee of the City of Denton prior to the acceptance of
this submission.
Respondent hereby assigns to the City any and all claims for overcharges associated with this contract which arise under
the antitrust laws of the United States, 15 USCA Section 1 et sea., and which arise under the antitrust laws of the State of
Texas, Tex. Bus. & Com. Code, Section 15.01, et sea.
The undersigned affirms that they have read and do understand the specifications, all e�iibits and attachments contained
in this solicitation package.
The undersigned agrees that the solicitation package posted on the website are the off'icial specifications and shall not alter
the electronic copy of the specifications and/or pricing sheet (E�iibit 1), without clearly identifying changes.
The undersigned understands they will be responsible for monitoring the City of Denton Purchasing Website at:
http://www.citvofdenton.com/index.aspx?pa�e=397 to ensure they have downloaded and signed all addendum(s) required
for submission with their response.
I certify that I have made no willful misrepresentations in this submission, nor have I withheld information in my statements
and answers to questions. I am aware that the information given by me in this submission will be investigated, with my
full permission, and that any misrepresentations or omissions may cause my submission to be rejected.
Acknowledge receipt of following addenda to the solicitation:
Addendum No 1 Dated
Addendum No 2 Dated
Addendum No 3 Dated
NAME AND ADDRESS OF COMPANY:
TeL No.
Email.
Received
Received
Received
AUTHORIZED REPRESENTATIVE:
Signature
Date
Name
Title
Fax No.
RFQ 6590 - Main Document Page 17 of 17
Materials Management Department
901-B Texas Street
Denton, Texas 76209
940-349-7100
purchasing@cityofdenton.com
RFQ 6590
Exhibit 2
General Provisions —Terms and Conditions for Professional
Services
The following document provides details of the City's General Provisions, Terms and Conditions,
insurance requirements and sample contract for professional services. This exhibit governs the
solicitation and supporting exhibits as identified in the Main Document Table of Contents.
a.
Q
City of Denton
Solicitation General Provisions —Terms and Conditions
Table of Contents
GENERALPROVISIONS ...............................................................................................................................3
1. SILENCE OF SPECIFICATIONS ...................................................................................................................3
2. RESPONDENTS COST TO DEVELOP SUBMITTAL .................................................................................3
3. MINIMUM RESPONSE ..................................................................................................................................3
4. VALIDITY PERIOD ........................................................................................................................................3
5. REJECTION OF SUBMITTAL .......................................................................................................................3
6. PROPRIETARY INFORMATION ..................................................................................................................3
7. NON-ENDORSEMENT ..................................................................................................................................4
8. ASSIGNMENT ................................................................................................................................................4
9. UNAUTHORIZED COMMUNICATIONS .....................................................................................................4
10. DISQUALIFICATIONS ..............................................................................................................................5
11. INTELLECTUALLY PROPERTY INDEMNIFICATION .........................................................................5
12. RIGHTS TO DATA, DOCUMENTS, AND COMPUTER SOFTWARE (GOVERNMENTAL ENTITY
OWNER SHIP) ...........................................................................................................................................................5
13. PATENT RIGHTS .......................................................................................................................................5
14
15
AWARD......................................................................................................................................................5
CONTRACTS..............................................................................................................................................6
16. IN SURANCE ............................................................................................................................................... 6
17. CHANGES DURING CONTRACT TERM ................................................................................................6
18.
19.
20.
21.
22.
23.
a.
ADDING NEW PRODUCTS OR SERVICES TO THE CONTRACT AFTER AWARD .........................6
SAFETY AND ENVIRONMENTAL HAZARDS ......................................................................................6
CONTRACTOR STANDARDS OF PERFORMANCE .............................................................................7
ANTICIPATED PROBLEMS AND PROPOSED SOLUTIONS ...............................................................7
ADDITIONAL GENERAL REQUIREMENTS ..........................................................................................7
PAYMENT AND PERFORMANCE REQUIREMENTS ...........................................................................7
PAYMENT AND INVOICES : ....................................................................................................................7
b. PAYMENT TO PERFORMANCE MILESTONES ....................................................................................8
c. TAX EXEMPTION .....................................................................................................................................8
STANDARD PURCHASE TERMS AND CONDITIONS .............................................................................9
APPENDIX A- 1NSURANCE REQUIREMENTS AND WORKERS' COMPENSATION REQUIREMENTS.....24
APPENDIX B — SAMPLE CONTRACT ....................................................................................................................31
RFQ # 6590 — EXHIBIT 2 Page 2 of 42
City of Denton
Solicitation General Provisions —Terms and Conditions
A. GENERAL PROVISIONS
1. SILENCE OF SPECIFICATIONS
The apparent silence of these specifications as to any detail or the apparent omission from
it of a detailed description concerning any point, shall be regarded as a meaning that the
only best commercial practices are to prevail. All interpretations of these specifications
shall be made on the basis of this statement.
2. RESPONDENTS COST TO DEVELOP SUBMITTAL
Respondents to this solicitation are responsible for all costs of submittal preparation,
delivery and any oral presentations required as part of the selection process. All materials
submitted in response to the solicitation become properry of the City of Denton and will be
returned only at the option of the City.
3. MINIMUM RESPONSE
Submittals that do not, at a minimum, contain the Attachments and Exhibit 1 Pricing Sheet
will be subject to disqualif'ication at the sole discretion of the City of Denton. If any firm
submitting a proposal is a corporation, it must be registered to conduct business in the State
of Texas. Proof of this registration must be included as part of the submittal.
4. VALIDITY PERIOD
The information included in the solicitation response(s), and any cost information obtained
from a negotiation process, remain valid for 120 days from the response due date or until the
contract is approved by the governing body.
5. REJECTION OF SUBMITTAL
ANY PROPOSAL SUBMITTED AFTER THE DUE DATE AND TIME SPECIFIED
WITHIN SECTION III, SHALL BE REJECTED. THE CITY SHALL REJECT
RESPONSES SUBMITTED BY FIRMS THAT DO NOT MEET MINIMUM
QUALIFICATIONS.
The City of Denton reserves the right to reject any and all submittals received in response to
the solicitation and to waive any minor technicalities or irregularities as determined to be in
the best interest of the City.
6. PROPRIETARY INFORMATION
RFQ # 6590 — EXHIBIT 2 Page 3 of 42
City of Denton
Solicitation General Provisions —Terms and Conditions
If a respondent does not desire proprietary information in the submission to be disclosed,
the respondent shall identify all proprietary information in the submission. This
identification will be accomplished by individually marking each page or line item detail
with the words "Proprietary Information". If the respondent fails to identify proprietary
information, the respondent agrees that by submission of its response, that those sections
shall be deemed non-proprietary and made available upon public request. Respondents are
advised that the City, to the extent permitted by law, will protect the confidentiality of all
submissions. Respondent shall consider the implications of the Texas Public Information
Act, particularly after the solicitation process has ceased and the contract has been awarded.
While there are provisions in the Texas Public Information Act to protect proprietary
information, where the respondent can meet certain evidentiary standards, please be
advised that a determination on whether those standards have been met will not be decided
by the City of Denton, but by the Office of the Attorney General of the State of Texas. In
the event a request for public information is made, the City will notify the respondent, who
may then request an opinion from the Attorney General pursuant to 552305, Texas
Government Code. The City will not make a request of the Attorney General.
7. NON-ENDORSEMENT
If a submission is accepted, the successful respondent shall not issue any news releases or
other statements pertaining to the award or servicing of the agreement that state or imply
the City of Denton's endorsement of the successful respondent's services.
8. ASSIGNMENT
The successful contractor shall not sell, assign, transfer or convey this contract in whole,
or part, without the prior written consent of the Purchasing Manager.
9. UNAUTHORIZED COMMUNICATIONS
After release of this solicitation, respondent contact regarding this solicitation with
members of the evaluation, interview or selection panels, employees of the City or officials
of the City other than the Purchasing Manager, or authorized City of Denton purchasing
staff, or as otherwise indicated is prohibited and may result in disqualification from this
procurement process. No officer, employee, agent or representative of the respondent shall
have any contact or discussion, verbal or written, with any members of the City Council,
members of the evaluation, interview, or selection panels, City staff or City's consultants,
or directly or indirectly through others, seeking to influence any City Council member,
City staff, or City's consultants regarding any matters pertaining to this solicitation, except
as herein provided. If a representative of any respondent violates the foregoing prohibition
by contacting any of the above listed parties with who contact is not authorized, such
contact may result in the respondent being disqualified from the procurement process. Any
oral communications are considered unofficial and non-binding with regard to this
solicitation.
RFQ # 6590 — EXHIBIT 2 Page 4 of 42
City of Denton
Solicitation General Provisions —Terms and Conditions
lO.DISQUALIFICATIONS
Any terms and conditions attached to a solicitation will not be considered unless
specifically referred to on a solicitation and may result in disqualification. Any submissions
that do not clearly outline all qualifications may be disqualified.
1LINTELLECTUALLY PROPERTY INDEMNIFICATION
The contractor will indemnify, defend and hold harmless the City of Denton, and its
authorized users, against any action or claim brought against the City of Denton, or its
authorized users that is based on a claim that software infringes any patent rights, copyright
rights or incorporated misappropriated trade secrets. Contractor will pay any damages
attributable to such claim that are awarded against the City of Denton or its authorized
users, in a judgment or settlement. If the City of Denton or its authorized users' utilization
of the software becomes subject to a claim, or is likely to become subject to a claim, in the
sole opinion of the City of Denton, or its authorized users, the Contractor shall, at its sole
expense (1) procure for City of Denton or its authorized users, the right to continue using
such software under the terms of this Contract; or (2) replace or modify the software so
that it is non-infringing.
12.RIGHTS TO DATA, DOCUMENTS, AND COMPUTER
SOFTWARE (GOVERNMENTAL ENTITY OWNERSHIP)
Any software, research, reports studies, data, photographs, negatives or other documents,
drawings or materials prepared by contractor in the performance of its obligations under
this contract shall be the exclusive property of the City of Denton and all such materials
shall be delivered to the City by the contractor upon completion, termination, or
cancellation of this contract. Contractor may, at its own expense, keep copies of all its
writings for its personal files. Contractor shall not use, willingly allow, or cause to have
such materials used for any purpose other than the performance of contractor's obligations
under this contract without the prior written consent of the City; provided, however, that
contractor shall be allowed to use non-confidential materials for writing samples in pursuit
of the work.
The ownership rights described herein shall include, but not be limited to, the right to copy,
publish, display, transfer, prepare derivative works, or otherwise use the works.
13.PATENT RIGHTS
The contractor agrees to indemnify and hold harmless the City from any claim involving
patent right infringement or copyrights on goods supplied.
14.AWARD
The City will award the contract to the firm on the basis of demonstrated competence for
a fair and reasonable fee.
RFQ # 6590 — EXHIBIT 2 Page 5 of 42
City of Denton
Solicitation General Provisions —Terms and Conditions
15.CONTRACTS
The successful awarded vendor will be required to sign an original contract. A sample
contract is provided in Appendix B— Sample Contract. Respondents shall review the
document and note exceptions in the proposal.
16.INSURANCE
The City requires standard insurance for services performed on site. The successful
awarded vendor will be required to provide a certificate of insurance as outlined in
Appendix A— Insurance requirements. Respondents shall review the document and note
exceptions on Attachment B.
17.CHANGES DURING CONTRACT TERM
The awarded contractor shall not change specifications during the contract term without
prior approval. Any deviation in the specifications or change must be approved in advance
by the City of Denton. Notice of a change shall be submitted in writing to
t�urchasin ,citvofdenton.coin, with the solicitation number in the subject line, for review.
Services found to have changed specifications without notification, and acceptance, will
be returned at the supplier's expense.
18.ADDING NEW PRODUCTS OR SERVICES TO THE CONTRACT
AFTER AWARD
Following the Contract award, ADDITIONAL services or products of the same general
category that could have been encompassed in the award of this contract, and that are not
already on the contract, may be added. A formal written request may be sent to successful
Contractor (s) to provide a proposal on the additional services and shall submit proposals
to the City of Denton as instructed. All prices are subj ect to negotiation. The City of Denton
may accept or reject any or all pricing proposals, and may issue a separate solicitation for
the services/products after rejecting some or all of the proposals. The commodities and
services covered under this provision shall conform to the statement of work,
specifications, and requirements as outlined in the request.
19.SAFETY AND ENVIRONMENTAL HAZARDS
The City does not warrant or guarantee against the possibility that safety or environmental
hazards or potential hazards (including premises and special defects) may exist at the City's
facilities. The Contractor shall be responsible for identifying any hazardous conditions and
notifying the City of these conditions in writing no later than 30 days after contract award
and prior to initiation of service delivery on the property. This will be accomplished by the
Contractor conducting an environmental assessment and an occupational health, and safety
inspection of the service bay or field service areas by competent, qualified and
appropriately licensed practitioners. The costs of these inspections and any subsequent
corrective action will be negotiated between the City and the Contractor.
RFQ # 6590 — EXHIBIT 2 Page 6 of 42
City of Denton
Solicitation General Provisions —Terms and Conditions
All contractors to the City of Denton are required to ensure absolute safety standards are
applied and enforced. The City of Denton will not be responsible for individual contractor
safety, and the awarded contractor shall not hold the City of Denton responsible. Known
hazards shall immediately be reported and all safety precautions shall be taken to prevent
potential safety issues from occurring.
20.CONTRACTOR STANDARDS OF PERFORMANCE
Monthly Time Standards - Contractors shall fully understand that the City relies on the
product or service of the solicitation to provide vital municipal services, and the availability
and reliability of the equipment is of the essence. With this in mind, the Contractor shall
meet the following performance standards at all times. Labor disputes, strikes, and other
events, except those beyond the Contractor's control such as acts of God, shall not relieve
the Contractor from meeting these standards. For service category, the Contractor must
ensure the given level of service is achieved, within the designated number of working
hours.
Contractor shall deliver goods or services within specified delivery times for 95% of all
orders.
21.ANTICIPATED PROBLEMS AND PROPOSED SOLUTIONS
Respondent shall offer written observations, based upon previous experiences in public
projects of this magnitude, addressing any anticipated problems and offer proposed solutions
to those problems.
22.ADDITIONAL GENERAL REQUIREMENTS
a. Prior to commencement of the services, the City and selected individual or business
will conduct an initial meeting to review the overall scope, schedule, deliverables and
planning process to implement a successful program.
b. The awarded Contractor shall provide to the City of Denton, detailed reports of time
and services provided to the City on a monthly basis.
c. Staff available to assist the selected provider is limited; the proposals submitted should
not anticipate extensive staff assistance during equipment repairs or maintenance.
23.PAYMENT AND PERFORMANCE REQUIREMENTS
A. PAYMENT AND INVOICES:
Pavment processin�: The City review, inspection, and processing procedures for
invoices ordinarily require thirty (30) days after receipt of invoices, materials, or
services. Submissions which call for payment before thirty (30) days from receipt
RFQ # 6590 — EXHIBIT 2 Page 7 of 42
City of Denton
Solicitation General Provisions —Terms and Conditions
of invoice, or cash discounts given on such payment, will be considered only if, in
the opinion of the Purchasing Manager, the review, inspection, and processing
procedures can be completed as specified. It is the intention of the City of Denton
to make payment within thirty days after receipt of valid invoices for which items
or services have been received unless unusual circumstances arise. The 30 day
processing period for invoices will begin on the date the invoice is received or the
date the items or services are received, whichever is later.
Direct deposit for pavments: Contractors are encouraged to arrange for receiving
payments through direct deposit. Information regarding direct deposit payments is
available from the City of Denton Purchasing website:
www.denton�urchasin .g coin.
Invoices shall be sent directly to the City of Denton Accounts Payable Department,
215 E McKinney St, Denton, TX, 76201-4299. A pro-forma invoice shall be sent
to the contract administrator as identified in the Notice to Proceed. It is the intention
of the City of Denton to make payment on completed orders within thirty days after
receipt of invoice or items; whichever is later, unless unusual circumstances arise.
Invoices must be fully documented as to labor, materials, and equipment
provided, if applicable, and must reference the City of Denton Purchase Order
Number in order to be processed. No payments shall be made on invoices not
listing a Purchase Order Number.
B. PAYMENT TO PERFORMANCE MILESTONES
Awarded contractor shall prepare and submit invoices after completion of specif'ic
project milestones. The invoice shall detail the major milestones accomplished and
detailed cost information for project. These milestones sha]1 be submitted to the City
of Denton and the City's Project Staff sha]1 review such for completion and accuracy,
prior to payment authorization.
C. TAX EXEMPTION
The City of Denton qualifies for sales tax exemption pursuant to the provisions of
Article 20.04 (F) of the Texas Limited Sales, Excise and Use Tax Act. Any
Contractor performing work under this contract for the City of Denton may
purchase materials and supplies and rent or lease equipment sales tax free. This is
accomplished by issuing exemption certificates to suppliers. Certificates must
comply with State Comptroller's ruling #95-0.07 and #95-0.09.
RFQ # 6590 — EXHIBIT 2 Page 8 of 42
City of Denton
Solicitation General Provisions —Terms and Conditions
B. STANDARD PURCHASE TERMS AND CONDITIONS
These standard Terms and Conditions and the Terms and Conditions, Specifications, Drawings and other requirements
included in the City of Denton's 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 City's Procurement Department and
the Supplier. No Terms and Conditions contained in the seller's proposal response, invoice or statement shall serve to
modify the terms set forth herein. If there is a conflict between the provisions on the face of the contractlpurchase
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 City's premises or on public rights-of-way.
1. CONTRACTOR'S OBLIGATIONS. The Contractor shall fully and timely provide all deliverables described in
the Solicitation and in the Contractor's Offer in strict accordance with the terms, covenants, and conditions of the
Contract and all applicable Federal, State, and local laws, rules, and regulations.
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 City's
name, address and purchase order or purchase release number and the price agreement number if applicable, (c)
Container number and total number of containers, e.g. box 1 of 4 boxes, and (d) the number of the container bearing
the packing list. 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 shipped F.O.B. point of
delivery unless otherwise specified in the Supplemental Terms and Conditions. Unless otherwise stated in the Offer,
the Contractor's price shall be deemed to include all delivery and transportation charges. The City shall have the right
to designate what method of transportation shall be used to ship the deliverables. The place of delivery shall be that
set forth the purchase order.
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 Contractor's, or the Contractor's
Subcontractor's, facilities, or the deliverables at the Contractor's, or the Contractor's Subcontractor's, premises, the
Contractor shall furnish, or cause to be furriished, 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
RFQ # 6590 — EXHIBIT 2 Page 9 of 42
City of Denton
Solicitation General Provisions —Terms and Conditions
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
eff'icient 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 City's service requirements and specifications, the
location and essential characteristics of the work sites, the quality and quantity of materials, equipment, labor and
facilities necessary to perform the services, and any other condition or state of fact which could in any way affect
performance of the Contractor's obligations under the contract. The Contractor hereby releases and holds the City
harnlless 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 City's 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 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 ("IIRIRA) enacted on September 30, 1996.
ll. COMPLIANCE WITH HEALTH, SAFETY, AND ENVIRONMENTAL REGULATIONS: The Contractor,
it's Subcontractors, and their respective employees, shall comply fully with all applicable federal, state, and local
health, safety, and environmental laws, ordinances, rules and regulations in the performance of the services, including
but not limited to those promulgated by the City and by the Occupational Safety and Health Administration (OSHA).
In case of conflict, the most stringent safety requirement shall govern. The 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 Contractor's 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 etseq.).
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 Department's Name, and the name of the point of contact for
the Department. Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of
the bill of lading and the freight waybill, when applicable, shall be attached to the invoice. The Contractor's name,
remittance address and, if applicable, the taY identification number on the invoice must exactly match the information
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Solicitation General Provisions —Terms and Conditions
in the Vendor's registration with the City. Unless otherwise instructed in writing, the City may rely on the remittance
address specified on the Contractor's invoice.
C. Invoices for labor shall include a copy of all time-sheets with trade labor rate and deliverables order number clearly
identified. Invoices shall also include a tabulation of work-hours at the appropriate rates and grouped by work order
number. 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 taYes, State taYes, or City sales taYes must not be included in the invoiced amount.
The City will furnish a taY 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 City's receipt of the deliverables or 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 specif"ied 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 pariy 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 properiy of the City or the City's agents, employees or contractors,
which is not covered by insurance required to be provided by the Contractor;
v. reasonable evidence that the Contractor's obligations will not be completed within the
time specified in the Contract, and that the unpaid balance would not be adequate to
cover actual or 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 taYes, the City
may offset indebtedness owed the City through payment withholding.
F. Payment will be made by check unless the parties mutually agree to payment by credit card or electronic transfer
of funds. The Contractor agrees that there shall be no additional charges, surcharges, or penalties to the City for
payments made by credit card or electronic funds transfer.
G. The awarding or continuation of this contract is dependent upon the availability of funding. The City's payment
obligations are payable only and solely from funds Appropriated and available for this contract. The absence of
Appropriated or other lawfully available funds shall render the Contract null and void to the extent funds are not
Appropriated or available and any deliverables delivered but unpaid shall be returned to the Contractor. The City shall
provide the Contractor written notice of the failure of the City to make an adequate Appropriation for any fiscal year
to pay the amounts due under the Contract, or the reduction of any Appropriation to an amount insufficient to permit
the City to pay its obligations under the Contract. In the event of none or inadequate appropriation of funds, there will
be no penalty nor removal fees charged to the City.
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 negotiated.
15. FINAL PAYMENT AND CLOSE-OUT:
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City of Denton
Solicitation General Provisions —Terms and Conditions
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 fmal 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 fmal inspection, (3) arising from
failure of the Contractor to comply with the Contract or the terms of any warranty specified herein, (4) arising from
the Contractor's continuing obligations under the Contract, including but not limited to indemnity and warranty
obligations, or (5) arising under the City's right to audit; and ii. a waiver of all claims by the Contractor against the
City other than those previously asserted in writing and not yet settled.
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 City's sole discretion, grounds for termination thereo£ Each of the terms "books", "records", "documents" and
"other evidence", as used above, shall be construed to include drafts and electronic files, even if such drafts or
electronic files are subsequently used to generate or prepare a fmal 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 Contractor's Plan. The Contractor shall not substitute any Subcontractor identified in the Plan, unless the
substitute has been accepted by the City in writing. No acceptance by the City of any Subcontractor shall constitute a
waiver of any rights or remedies of the City with respect to defective deliverables provided by a Subcontractor. If a
Plan has been approved, the Contractor is additionally required to submit a monthly Subcontract Awards and
E�enditures 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
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City of Denton
Solicitation General Provisions —Terms and Conditions
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 harnlless to the same extent
as the Contractor is required to indemnify the City.
C. The Contractor shall be fully responsible to the City for all acts and omissions of the Subcontractors just as the
Contractor is responsible for the Contractor's own acts and omissions. Nothing in the Contract shall create for the
benefit of any such Subcontractor any contractual relationship between the City and any such Subcontractor, nor shall
it create any obligation on the part of the City to pay or to see to the payment of any moneys due any such Subcontractor
except as may otherwise be required by law.
D. The Contractor shall pay each Subcontractor its appropriate share of payments made to the Contractor not later
than ten (10) calendar days after receipt of payment from the City.
19. WARRANTY-PRICE:
A. The Contractor warrants the prices quoted in the Offer are no higher than the Contractor's current prices on orders
by others for like deliverables under similar terms of purchase.
B. The Contractor certifies that the prices in the Offer have been arrived at independently without consultation,
communication, or agreement for the purpose of restricting competition, as to any matter relating to such fees with
any other firm or with any competitor.
C. In addition to any other remedy available, the City may deduct from any amounts owed to the Contractor, or
otherwise recover, any amounts paid for items in excess of the Contractor's current prices on orders by others for like
deliverables under similar terms of purchase.
20. WARRANTY — TITLE: The Contractor warrants that it has good and indefeasible title to all deliverables
furnished under the Contract, and that the deliverables are free and clear of all liens, claims, security interests and
encumbrances. The Contractor shall indemnify and hold the City harmless from and against all adverse title claims to
the deliverables.
21. WARRANTY — DELIVERABLES: The Contractor warrants and represents that all deliverables sold the City
under the Contract shall be free from defects in design, workmanship or manufacture, and conform in all material
respects to the specifications, drawings, and descriptions in the Solicitation, to any samples furnished by the
Contractor, to the terms, covenants and conditions of the Contract, and to all applicable State, Federal or local laws,
rules, and regulations, and industry codes and standards. Unless otherwise stated in the Solicitation, the deliverables
shall be new or recycled merchandise, and not used or reconditioned.
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
City's option and at no additional cost to the City. All costs incidental to such repair or replacement, including but not
limited to, any packaging and shipping costs shall be borne exclusively by the 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 City's 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 manufacturer's warranty,
the Contractor shall transfer and assign such manufacturer's warranty to the City. If for any reason the manufacturer's
warranty cannot be fully transferred to the City, the Contractor shall assist and cooperate with the City to the fullest
extent to enforce such manufacturer's warranty for the benefit of the City.
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
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Solicitation General Provisions —Terms and Conditions
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 City's rights 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 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 City's
evaluation of and determination to accept such defective or non-conforming deliverables. If any such acceptance
occurs prior to fmal 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 fmal 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
party's intent to perform, demand may be made to the other party for written assurance of the intent to perform. In the
event that no assurance is given within the time specified after demand is made, the demanding party may treat this
failure as an anticipatory repudiation of the Contract.
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 properiy. 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 bankr�lptcy laws of the United States
or (d) makes a material misrepresentation in Contractor's Offer, or in any report or deliverable required to be submitted
by the Contractor to the City.
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 City's reasonable satisfaction that such default does not, in fact, exist. In addition to any
other remedy available under law or in equity, the City shall be entitled to recover all actual damages, costs, losses
and expenses, incurred by the City as a result of the Contractor's default, including, without limitation, cost of cover,
reasonable attorneys' fees, court costs, and prejudgment and post-judgment interest at the maYimum lawful rate.
Additionally, in the event of a default by the Contractor, the City may remove the Contractor from the City's vendor
list for three (3) years and any Offer submitted by the Contractor may be disqualified for up to three (3) years. All
rights and remedies under the Contract are cumulative and are not exclusive of any other right or remedy provided by
law.
28. TERMINATION WITHOUT CAUSE: The City shall have the right to terminate the Contract, in whole or in
part, without cause any time upon thirty (30) calendar days' prior written notice. Upon receipt of a notice of
termination, the Contractor shall promptly cease all further work pursuant to the Contract, with such exceptions, if
RFQ # 6590 — EXHIBIT 2 Page 14 of 42
City of Denton
Solicitation General Provisions —Terms and Conditions
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 pariy 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 properiy of any person (including, but not limited to the City, the Contractor,
their respective agents, officers, employees and subcontractors; the off'icers, 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, off'icers
and employees of the City, the Contractor, the Contractor's subcontractors, and third parties), ii. "Fault" shall
include the sale of defective or non-conforming deliverables, negligence, willful misconduct or a breach of
any legally imposed strict liability standard.
B. THE CONTRACTOR SHALL DEFEND (AT THE OPTION OF THE CITY), INDENINIFY, AND HOLD
THE CITY, ITS SUCCESSORS, ASSIGNS, OFFICERS, EMPLOYEES AND ELECTED OFFICIALS
HARMLESS FROM AND AGAINST ALL INDEMNII'IED 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
CONTRACTOR'S OBLIGATIONS UNDER THE CONTRACT. NOTHING HEREIN SHALL BE DEEMED
TO LIMIT THE RIGHTS OF THE CITY OR THE CONTRACTOR (INCLUDING, BUT NOT LIMITED
TO, THE RIGHT TO SEEK CONTRIBUTION) AGAINST ANY THIRD PARTY WHO MAY BE LIABLE
FOR AN INDENINIFIED 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 coverage's and endorsements required to
the City as verification of coverage prior to contract execution and within fourteen (14) calendar days after
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Solicitation General Provisions —Terms and Conditions
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 Contractor's and all subcontractors' 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 workers' compensation coverage written by the Texas
Workers' Compensation Insurance Fund.
vi. All endorsements naming the City as additional insured, waivers, and notices of cancellation endorsements
as well as the Certificate of Insurance shall contain the solicitation number and the following information:
City of Denton
Materials Management Department
901B Texas Street
Denton, Texas 76209
vii. The "other" insurance clause shall not apply to the City where the City is an additional insured shown on
any policy. It is intended that policies required in the Contract, covering both the City and the Contractor,
shall be considered primary coverage as applicable.
viii. If insurance policies are not written for amounts agreed to with the City, the Contractor shall carxy
Umbrella or Excess Liability Insurance for any differences in amounts specified. If Excess Liability Insurance
is provided, it shall follow the form of the primary coverage.
ix. The City shall be entitled, upon request, at an agreed upon location, and without expense, to review
certified copies of policies and endorsements thereto and may make any reasonable requests for deletion or
revision or modification of particular policy terms, conditions, limitations, or exclusions except where policy
provisions are established by law or regulations binding upon either of the parties hereto or the underwriter
on any such policies.
x. The City reserves the right to review the insurance requirements set forth during the effective period of the
Contract and to make reasonable adjustments to insurance coverage, limits, and exclusions when deemed
necessary and prudent by the City based upon changes in statutory law, court decisions, the claims history of
the industry or financial condition of the insurance company as well as the Contractor.
xi. The Contractor shall not cause any insurance to be canceled nor permit any insurance to lapse during the
term of the Contract or as required in the Contract.
xii. The Contractor shall be responsible for premiums, deductibles and self-insured retentions, if any, stated
in policies. All deductibles or self-insured retentions shall be disclosed on the Certificate of Insurance.
xiii. The Contractor shall endeavor to provide the City thirty (30) calendar days' written notice of erosion of
the aggregate limits below occurrence limits for all applicable coverage's indicated within the Contract.
xiv. The insurance coverage's specified in within the solicitation and requirements are required minimums
and are not intended to limit the responsibility or liability of the Contractor.
B. Specific Coverage Requirements: Specific insurance requirements are contained in the solicitation instrument.
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 Contractor's ability to perform thereunder,
the Contractor shall give written notice thereof to the City within ten (10) calendar days after receipt of notice by the
Contractor. Such notice to the City shall state the date of notification of any such claim, demand, suit, or other action;
the names and addresses of the claimant(s); the basis thereof; and the name of each person against whom such claim
is being asserted. Such notice shall be delivered personally or by mail and shall be sent to the City and to the Denton
City Attorney. Personal delivery to the City Attorney shall be to City Hall, 215 East McKinney Street, Denton, Texas
76201.
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Solicitation General Provisions —Terms and Conditions
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, telefaY, or other commercially accepted means. Notices to the Contractor shall be sent to the address specified
in the Contractor's Offer, or at such other address as a party may notify the other in writing. Notices to the City shall
be addressed to the City at 901B Texas Street, Denton, Texas 76209 and marked to the attention of the Purchasing
Manager.
35. RIGHTS TO BID, PROPOSAL AND CONTRACTUAL MATERIAL: All material submitted by the
Contractor to the City shall become properiy of the City upon receipt. Any portions of such material claimed by the
Contractor to be proprietary must be clearly marked as such. Determination of the public nature of the material is
subject to the Texas Public Information Act, Chapter 552, and Texas Government Code.
36. NO WARRANTY BY CITY AGAINST INFRINGEMENTS: The Contractor represents and warrants to the
City that: (i) the Contractor shall provide the City good and indefeasible title to the deliverables and (ii) the deliverables
supplied by the Contractor in accordance with the specifications in the Contract will not infringe, directly or
contributorily, any patent, trademark, copyright, trade secret, or any other intellectual properiy right of any kind of
any third pariy; 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 e�ense, defend, indemnify, and hold the City harmless from and against all liability, damages, and costs
(including court costs and reasonable fees of attorneys and other professionals) arising out of or resulting from: (i) any
claim that the City's exercise anywhere in the world of the rights associated with the City's' ownership, and if
applicable, license rights, and its use of the deliverables infringes the intellectual properiy rights of any third pariy; or
(ii) the Contractor's breach of any of Contractor's representations or warranties stated in this Contract. In the event of
any such claim, the City shall have the right to monitor such claim or at its option engage its own separate counsel to
act as co-counsel on the City's behal£ Further, Contractor agrees that the City's specifications regarding the
deliverables shall in no way diminish Contractor's warranties or obligations under this paragraph and the City makes
no warranty that the production, development, or delivery of such deliverables will not impact such warranties of
Contractor.
37. CONFIDENTIALITY: In order to provide the deliverables to the City, Contractor may require access to certain
of the City's and/or its licensors' confidential information (including inventions, employee information, trade secrets,
confidential know-how, confidential business information, and other information which the City or its licensors
consider confidential) (collectively, "Confidential Information"). Contractor acknowledges and agrees that the
Confidential Information is the valuable property of the City and/or its licensors and any unauthorized use, disclosure,
dissemination, or other release of the Confidential Information will substantially injure the City and/or its licensors.
The Contractor (including its employees, subcontractors, agents, or representatives) agrees that it will maintain the
Confidential Information in strict confidence and shall not disclose, disseminate, copy, divulge, recreate, or otherwise
use the Confidential Information without the prior written consent of the City or in a manner not expressly permitted
under this Agreement, unless the Confidential Information is required to be disclosed by law or an order of any court
or other governmental authority with proper jurisdiction, provided the Contractor promptly notifies the City before
disclosing such information so as to permit the City reasonable time to seek an appropriate protective order. The
Contractor agrees to use protective measures no less stringent than the 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 subj ect matter to the City. Further, if requested by the City, the Contractor agrees to assign and, if necessary,
cause each of its employees to assign the entire right, title, and interest to specific inventions under such patentable
subject matter to the City and to execute, acknowledge, and deliver and, if necessary, cause each of its employees to
execute, acknowledge, and deliver an assignment of letters patent, in a form to be reasonably approved by the City, to
the City upon request by the City.
RFQ # 6590 — EXHIBIT 2 Page 17 of 42
City of Denton
Solicitation General Provisions —Terms and Conditions
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 shall negate the
City's sole or joint ownership of any such deliverables arising by virtue of the City's sole or joint authorship of such
deliverables. Should by operation of law, such deliverables not be considered works made-for-hire, the Contractor
hereby assigns to the City (and agrees to cause each of its employees providing services to the City hereunder to
execute, acknowledge, and deliver an assignment to the City ofj 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 Contractor's obligations to execute, acknowledge, and deliver (or cause to be executed,
acknowledged, and delivered) instruments or papers such as those described in this Paragraph 38 a., b., and c. shall
continue after the termination of this Contract with respect to such deliverables. In the event the City should not seek
to obtain copyright protection, mask work registration or patent protection for any of the deliverables, but should
desire to keep the same secret, the Contractor agrees to treat the same as Confidential Information under the terms of
Paragraph 37 above.
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 City's 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 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 witY�hold 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 fmancial interest, direct or indirect, in the Contract resulting from
that solicitation. Any willful violation of this section shall constitute impropriety in office, and any officer or employee
guilty thereof shall be subject to disciplinary action up to and including dismissal. Any violation of this provision,
with the knowledge, expressed or implied, of the Contractor shall render the Contract voidable by the City. The
Contractor shall complete and submit the City's Conflict of Interest Questionnaire.
44. INDEPENDENT CONTRACTOR The Contract shall not be construed as creating an employer/employee
relationship, a partnership, or a joint venture. The Contractor's services shall be those of an independent contractor.
RFQ # 6590 — EXHIBIT 2 Page 18 of 42
City of Denton
Solicitation General Provisions —Terms and Conditions
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 taY, witY�holding, social security taYes, vacation or
sick leave benefits, worker's compensation, or any other City employee benefit. The City shall not have supervision and
control of the Contractor or any employee of the Contractor, and it is expressly understood that Contractor shall perform
the services hereunder according to the attached specif'ications at the general direction of the City Manager of the City of
Denton, Texas, or his designee under this agreement The contractor is e�ressly 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 pariy 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 pariy. 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 e�sting or future default or defaults, whether of a
similar or different character.
47. MODIFICATIONS: The Contract can be modified or amended only by a writing signed by both parties. No pre-
printed or similar terms on any the Contractor invoice, order or other document shall have any force or effect to change
the terms, covenants, and conditions of the Contract.
48. INTERPRETATION: The Contract is intended by the parties as a fmal, 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 relie£ Either party may make a written request for a meeting between
representatives of each pariy within fourteen (14) calendar days after receipt of the request or such later period as
agreed by the parties. Each pariy 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 thiriy (30) calendar days after such meeting, the parties have not succeeded in
negotiating a resolution of the dispute, they will proceed directly to mediation as described below. Negotiation may
be waived by a written agreement signed by both parties, in which event the parties may proceed directly to mediation
as described below.
B. If the efforts to resolve the dispute through negotiation fail, or the parties waive the negotiation process, the parties
may select, within thirty (30) calendar days, a mediator trained in mediation skills to assist with resolution of the
dispute. Should they choose this option; the City and the Contractor agree to act in good faith in the selection of the
mediator and to give consideration to qualified individuals nominated to act as mediator. Nothing in the Contract
prevents the parties from relying on the skills of a person who is trained in the subject matter of the dispute or a
contract interpretation expert. If the parties fail to agree on a mediator within thirty (30) calendar days of initiation of
the mediation process, the mediator shall be selected by the Denton County Alternative Dispute Resolution Program
(DCAP). The parties agree to participate in mediation in good faith for up to thirty (30) calendar days from the date
of the first mediation session. The City and the Contractor will share the mediator's fees equally and the parties will
bear their own costs of participation such as fees for any consultants or attorneys they may utilize to represent them
or otherwise assist them in the mediation.
RFQ # 6590 — EXHIBIT 2 Page 19 of 42
City of Denton
Solicitation General Provisions —Terms and Conditions
50. JURISDICTION AND VENUE: The Contract is made under and shall be governed by the laws of the State of
Texas, including, when applicable, the Uniform Commercial Code as adopted in Texas, V.T.C.A., Bus. & Comm.
Code, Chapter 1, excluding any rule or principle that would refer to and apply the substantive law of another state or
jurisdiction. All issues arising from this Contract shall be resolved in the courts of Denton County, Texas and the
parties agree to submit to the exclusive personal jurisdiction of such courts. The foregoing, however, shall not be
construed or interpreted to limit or restrict the right or ability of the City to seek and secure injunctive relief from any
competent authority as contemplated herein.
51. INVALIDITY: The invalidity, illegality, or unenforceability of any provision of the Contract shall in no way
affect the validity or enforceability of any other portion or provision of the Contract. Any void provision shall be
deemed severed from the Contract and the balance of the Contract shall be construed and enforced as if the Contract
did not contain the particular portion or provision held to be void. The parties further agree to reform the Contract to
replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken
provision. The provisions of this section shall not prevent this entire Contract from being void should a provision
which is the essence of the Contract be determined to be void.
52. HOLIDAYS: The following holidays are observed by the City:
New Year's Day (observed)
MLK Day
Memorial Day
4th of July
Labor Day
Thanksgiving Day
Day After Thanksgiving
Christmas Eve (observed)
Christmas Day (observed)
New Year's Day (observed)
If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal Holiday falls on Sunday,
it will be observed on the following Monday. Normal hours of operation shall be between 8:00 am and 4:00 pm,
Monday tY�rough 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 Offeror's agent, shall engage in any discriminatory employment
practice. No person shall, on the grounds of race, sex, se�al orientation, 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 Offeror's agent, shall
engage in any discriminatory employment practice against individuals with disabilities as defined
in the ADA.
RFQ # 6590 — EXHIBIT 2 Page 20 of 42
City of Denton
Solicitation General Provisions —Terms and Conditions
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. l 0a - l Od) 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 taYes 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�ov/whd/contracts/dbra.htm and at the
Wage Determinations website www.wdoLgov for Denton County, Texas (WD-2509).
60. COMPLIANCE WITH ALL STATE, FEDERAL, AND LOCAL LAWS: The contractor or supplier shall
comply with all State, Federal, and Local laws and requirements. The Respondent must comply with all applicable
laws at all times, including, without limitation, the following: (i) §36.02 of the Texas Penal Code, which prohibits
bribery; (ii) §36.09 of the Texas Penal Code, which prohibits the offering or conferring of benefits to public servants.
The Respondent shall give all notices and comply with all laws and regulations applicable to furnishing and
performance of the Contract.
61. FEDERAL, STATE, AND LOCAL REQUIREMENTS: Respondent shall demonstrate on-site compliance with
the Federal TaY Reform Act of 1986, Section 1706, amending Section 530 of the Revenue Act of of 1978, dealing
with issuance of Form W-2's to common law employees. Respondent is responsible for both federal and State
unemployment insurance coverage and standard Workers' Compensation insurance coverage. Respondent shall ensure
compliance with all federal and State taY 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.
RFQ # 6590 — EXHIBIT 2 Page 21 of 42
City of Denton
Solicitation General Provisions —Terms and Conditions
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 conf'irmed 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 Pariy to require performance by another Pariy under the Contract will
not affect the right of such Party to require performance in the future. No delay, failure, or waiver of either Party's
exercise or partial exercise of any right or remedy under the Contract shall operate to limit, impair, preclude, cancel,
waive or otherwise affect such right or remedy. A waiver by a Pariy 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. City's standard terms and conditions
4. Purchase order
5. Supplier terms and conditions
RFQ # 6590 — EXHIBIT 2 Page 22 of 42
City of Denton
Solicitation General Provisions —Terms and Conditions
RFQ # 6590 — EXHIBIT 2 Page 23 of 42
City of Denton
Solicitation General Provisions —Terms and Conditions
APPENDIX A- INSURANCE REQUIREMENTS AND
WORKERS' COMPENSATION REQUIREMENTS
Respondent's attention is directed to the insurance require�nents below. It is highly reco�n�nended that
respondents confer with their respective insurance carriers or brokers to deter�nine in advance of
Proposal/Bid sub�nission the availability of insurance certificates and endorse�nents as prescribed and
provided herein. If an apparent low respondent fails to co�nply strictly with the insurance require�nents,
that respondent �nay be disqualified fi^o�n award of the contract. Upon contract award, all insurance
require�nents shall beco�ne contractual obligations, which the successful contractor shall have a duty to
�naintain 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 contract award, 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,
Contractors are strongly advised to make such requests prior to proposaUbid opening, since the
insurance requirements may not be modified or waived after proposal✓Gid opening unless a written
exception has been submitted with the proposal✓bic� 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.
RFQ # 6590 — EXHIBIT 2 Page 24 of 42
City of Denton
Solicitation General Provisions —Terms and Conditions
■ Provide a Waiver of Subrogation in fa�or 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.
• 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. Generai 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.
RFQ # 6590 — EXHIBIT 2 Page 25 of 42
City of Denton
Solicitation General Provisions —Terms and Conditions
• Broad form contractual liability (preferably by endorsement) covering this contract,
personal injury liability and broad form property damage liability.
[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 shali be in the form of a policy endorsement
for:
• any auto, or
• all owned hired and non-owned autos.
[X] Workers' Compensation Insurance
Contractor shall purchase and maintain Workers' Compensation insurance which, in addition to
meeting the minimum statutory requirements for issuance of such insurance, has Employer's
Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a$500,000
policy limit for occupational disease. The City need not be named as an "Additional Insured" but
the insurer shall agree to waive all rights of subrogation against the City, its officials, agents,
employees and volunteers for any work performed for the City by the Named Insured. For building
or construction projects, the Contractor shall comply with the provisions of Attachment 1 in
accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Workers'
Compensation Commission (TWCC).
[] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work
under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the
City as insured for property damage and bodily injury which may arise in the prosecution of the
work or Contractor's operations under this contract. Coverage shall be on an "occurrence" basis
and the policy shall be issued by the same insurance company that carries the Contractor's liability
insurance. Policy limits will be at least $500,000.00 combined bodily injury and property damage
per occurrence with a$1,000,000.00 aggregate.
[] Fire Damage Legai Liability Insurance
Coverage is required if Broad form General Liability is not provided or is una�ailable 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.
[X] Professionai 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.
RFQ # 6590 — EXHIBIT 2 Page 26 of 42
City of Denton
Solicitation General Provisions —Terms and Conditions
[ ] Buiiders' 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.
[ ] Environmentai Liability Insurance
Environmental liability insurance for $1,000,000 to cover allhazards contemplated by this contract.
[] RiggersInsurance
The Contractor shall provide coverage for Rigger's Liability. Said coverage may be provided by a
Rigger's Liability endorsement on the existing CGL coverage; through and Installation Floater
covering rigging contractors; or through ISO form IH 00 91 12 11, Rigger's Liability Coverage
form. Said coverage shall mirror the limits provided by the CGL coverage
[ ] Commerciai 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"blanket" basis to cover all employees, including new hires. This
type insurance should be required if the contractor has access to City funds. Limits of not less than
$ each occurrence are required.
[ ] Additionai 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.
RFQ # 6590 — EXHIBIT 2 Page 27 of 42
City of Denton
Solicitation General Provisions —Terms and Conditions
ATTACHMENT A
[X] Workers' 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 (TWCG
81, TWCG82, TWCG83, or TWCG84), showing statutory workers' compensation
insurance coverage for the person's or entity's employees providing services on a
proj ect, for the duration of the proj ect.
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 proj ect, for the duration of the proj ect.
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 proj ect, 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:
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
RFQ # 6590 — EXHIBIT 2 Page 28 of 42
City of Denton
Solicitation General Provisions —Terms and Conditions
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 proj ect.
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.
L The contractor shall contractually require each person with whom it contracts to
provide services on a project, to:
l. 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 proj ect, for the duration of the proj ect;
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 proj ect;
4. obtain from each other person with whom it contracts, and provide to the contractor:
a. a certificate of coverage, prior to the other person beginning work on the project;
and
b. a new certificate of coverage showing extension of coverage, prior to the end of
the coverage period, if the coverage period shown on the current certificate of
coverage ends during the duration of the proj ect;
5. retain all required certificates of coverage on file for the duration of the project and
for one year thereafter;
RFQ # 6590 — EXHIBIT 2 Page 29 of 42
City of Denton
Solicitation General Provisions —Terms and Conditions
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
proj ect; and
7. Contractually require each person with whom it contracts, to perform as required
by paragraphs (1) -(7), with the certificates of coverage to be provided to the person
for whom they are providing services.
By signing this contract or providing or causing to be provided a certificate of
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. The contractor's 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.
RFQ # 6590 — EXHIBIT 2 Page 30 of 42
STATE OF TEXAS
City of Denton
Solicitation General Provisions —Terms and Conditions
APPENDIX B - SAMPLE CONTRACT
PROFESSIONAL SERVICES AGREEMENT
FOR CONSULTING SERVICES
FILE 6###
�
COUNTY OF DENTON §
THIS AGREEMENT (the "Agreement") is made and entered into on
, by and between the City of Denton, Texas, a Texas municipal
corporation, with its principal office at 215 East McKinney Street, Denton, Denton County, Texas
76201, hereinafter called "OWNER" and , with its corporate office
at , hereinafter called "CONSULTANT," acting herein, by and
through their duly authorized representatives.
WITNESSETH, that in consideration of the
the parties hereto do mutually agree as follows:
ARTICLE I
ag e� ts herein contained,
\
The OWNER has selected CONSULT T e s�s d£ demonstrated competence and
qualifications to perform the services herei e ri e a fai� and reasonable price pursuant to
Chapter 2254 of the Texas Gove e e OWNER hereby contracts with the
CONSULTANT as an inde t c n to not as an employee, and as such, the OWNER
will not assert control over d--da ions of the CONSULTANT. The CONSULTANT
is customarily engaged t ro ' s ces as described herein independently and on a
nonexclusive basis in the cour of it usiness. This Agreement does not in any way constitute a
joint venture between OWNE d CONSULTANT. The CONSULTANT hereby agrees to
perform the services described herein based on the skills required for the scope of work in
connection with the Project as stated in the sections to follow, with diligence and in accordance
with the highest professional standards customarily obtained for such services in the State of
Texas. The professional services set out herein are in connection with the following described
proj ect:
The Project shall include, without limitation, , as described
in Exhibit A, which is attached hereto and incorporated herein (the "Project").
ARTICLE II
SCOPE OF BASIC SERVICES
The CONSULTANT shall perform the following services in a professional manner:
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City of Denton
Solicitation General Provisions —Terms and Conditions
A. The CONSULTANT shall perform all those services as necessary and as described in the
OWNER's , which is attached hereto and
made a part hereof as Exhibit A as if written word for word herein.
B. To perform all those services set forth in CONSULTANT's proposal, which proposal is
attached hereto and made a part hereof as Exhibit B as if written word for word herein.
C. CONSULTANT shall perform all those services set forth in individual task orders, as
described in Exhibit B, which shall be attached to this Agreement and made a part hereof.
D. If there is any conflict between the terms of this Agreement and the exhibits attached to
this Agreement, the terms and conditions of this Agreement will control over the terms and
conditions of the attached exhibits or task orders.
ARTICLE III
ADDITIONAL SERVI O
Additional services to be performed by the CONS T i u orized by the OWNER,
which are not included in the above-described Basic ' e, y e negotiated as needed, per
rates included in Exhibit B.
Preparing applications and supporting d t fo g v ment grants, loans, or planning
advances and providing data for d il d p' ions.
Preparing data and report ssi�ii e O�ER in preparation for hearings before regulatory
agencies, courts, rbitr ion or mediator, giving testimony, personally or by
deposition, and pr arations ore before any regulatory agency, court, arbitration panel
or mediator.
Assisting OWNER in preparing for, or appearing at litigation, mediation, arbitration, dispute
review boards, or other legal and/or administrative proceedings in the defense or prosecution
of claims disputes with Contractor(s).
Assisting OWNER in the defense or prosecution of litigation in connection with or in addition to
those services contemplated by this AGREEMENT. Such services, if any, shall be furnished
by CONSULTANT on a fee basis negotiated by the respective parties outside of and in
addition to this AGREEMENT.
Visits to the site in excess of the number of trips included in Exhibit B.
Preparing statements for invoicing or other documentation for billing other than for the standard
invoice for services attached to this professional services agreement.
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City of Denton
Solicitation General Provisions —Terms and Conditions
ARTICLE IV
TIME OF COMPLETION
CONSULTANT is authorized to commence work under this contract upon execution of this
AGREEMENT. CONSULTANT will provide services from the date of execution and shall
automatically expire upon completion of the work or receipt of the materials, and acceptance by
the City of Denton.
ARTICLE V O
COMPENSATI
A. COMPENSATION TERMS: �� �
l. "Subcontract Expense" is n e e�se� incurred by the CONSULTANT in
employment of others i u i i for services related to this agreement.
2. "Direct b r e "' defined as that expense for any assignment incurred
by th A for supplies, transportation and equipment, travel,
commu ' s b'stence, and lodging away from home, and similar incidental
expenses i�con tion with that assignment.
B. BILLING AND PAYMENT: For and in consideration of the professional services to be
performed by the CONSULTANT herein, the OWNER agrees to pay, based on the cost
estimate detail at an hourly rate shown in Exhibit "C" which is attached hereto and made
a part of this Agreement as if written word for word herein, a total fee, including
reimbursement for direct non-labor expenses not to exceed $
Partial payments to the CONSULTANT will be made on the basis of detailed monthly
statements rendered to and approved by the OWNER through its City Manager or his
designee; however, under no circumstances shall any monthly statement for services
exceed the value of the work performed at the time a statement is rendered.
Nothing contained in this Article shall require the OWNER to pay for any work which is
unsatisfactory, as reasonably determined by the City Manager or his designee, or which is
not submitted in compliance with the terms of this Agreement. The OWNER shall not be
required to make any payments to the CONSULTANT when the CONSULTANT is in
default under this Agreement.
It is specifically understood and agreed that the CONSULTANT shall not be authorized to
undertake any work pursuant to this Agreement which would require additional payments
by the OWNER for any charge, expense, or reimbursement above the maximum not to
exceed fee as stated, without first having obtained written authorization from the OWNER.
The CONSULTANT shall not proceed to perform the services listed in Article III
"Additional Services," without obtaining prior written authorization from the OWNER.
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City of Denton
Solicitation General Provisions —Terms and Conditions
C. ADDITIONAL SERVICES: For additional services authorized in writing by the OWNER
in Article III, the CONSULTANT shall be paid based on the Schedule of Charges at an
hourly rate shown in Exhibit `B." Payments for additional services shall be due and
payable upon submission by the CONSULTANT and approval by the Cit City staff, and
shall be in accordance with subsection B hereo£ Statements shall not be submitted more
frequently than monthly.
D. PAYMENT: If the OWNER fails to make payments ue th SULTANT for services
and expenses within thirty (30) days after receip f e S LTANT's undisputed
statement thereof, the amounts due the CONSULTAN ' 1 e interest in accordance
with the Texas Government Code 2251.025. Ad '0 1 t ONSULTANT may, after
giving seven (7) days' written notice to e suspend services under this
Agreement until the CONSULTANT h n ai ' full all amounts due for services,
expenses, and charges. Nothing her ' a r ui e e OWNER to pay the late charge if
the OWNER reasonably determi s a th is nsatisfactory, in accordance with this
Article V, "Compensation," e i a n e dispute concerning the amount due, or the
invoice was not m' to d es in the form as described in this Agreement. The
OWNER will ify O �'A of any disputes within twenty-one (21) days of
receipt of the in ice.
E. Invoices shall be se tly to the City of Denton Accounts Payable Department, 215 E
McKinney St, Denton, TX, 76201-4299. A pro-forma invoice shall be sent to the contract
administrator. It is the intention of the City of Denton to make payment on completed
orders within thirty days after receipt of invoice or items; whichever is later, unless unusual
circumstances arise. Invoices must be fully documented as to labor, materials, and
equipment provided, if applicable, and must reference the City of Denton Purchase
Order Number in order to be processed. No payments shall be made on invoices not
listing a Purchase Order Number.
ARTICLE VI
OBSERVATION AND REVIEW OF THE WORK
The CONSULTANT will exercise reasonable care and due diligence in discovering and
promptly reporting to the OWNER any defects or deficiencies in the work of the CONSULTANT
or any subcontractors or subconsultants.
ARTICLE VII
OWNERSHIP OF DOCUMENTS
All documents prepared or furnished by the CONSULTANT (and CONSULTANT's
subcontractors or subconsultants) pursuant to this Agreement are instruments of service, and shall
become the property of the OWNER upon the termination of this Agreement. The
CONSULTANT is entitled to retain copies of all such documents. The documents prepared and
furnished by the CONSULTANT are intended only to be applicable to this Project, and OWNER's
use of these documents in other projects shall be at OWNER's sole risk and expense. In the event
the OWNER uses any of the information or materials developed pursuant to this Agreement in
Page 34
City of Denton
Solicitation General Provisions —Terms and Conditions
another project or for other purposes than specified herein, CONSULTANT is released from any
and all liability relating to their use in that project.
ARTICLE VIII
INDEMNITY AGREEMENT
THE CONSULTANT SHALL INDEMNIFY AND SAVE AND HOLD HARMLESS
THE OWNER AND ITS OFFICERS, OFFICIALS, AGENTS, AND EMPLOYEES FROM
AND AGAINST ANY AND ALL LIABILITY, CLAIMS, DEMANDS, DAMAGES,
LOSSES, AND EXPENSES, INCLUDING, BUT NOT LIMITED TO COURT COSTS AND
REASONABLE ATTORNEY FEES ASSERTED AGAINST OR INCURRED BY THE
OWNER, AND INCLUDING, WITHOUT LIMITATION, DAMAGES FOR BODILY AND
PERSONAL INJURY, DEATH AND PROPERTY DAMAGE, RESULTING FROM THE
NEGLIGENT ACTS OR OMISSIONS OF THE CONSULTANT OR ITS OFFICERS,
SHAREHOLDERS, AGENTS, OR EMPLOYEES I IDENTAL TO, RELATED TO,
AND IN THE EXECUTION, OPERAT , PERFORMANCE OF THIS
AGREEMENT.
Nothing in this Agreement shall be e t cr te a liability to any person who is not
a party to this Agreement, and nothing her i s 11 i e any of the parties' defenses, both at law
or equity, to any claim, cause of actio r ti ti led by anyone not a party to this Agreement,
including the defense of govern �a�u ' ich defenses are hereby expressly reserved.
INSURANCE
Durin he �rfce of the services under this Agreement, CONSULTANT shall
maintain the foll wing ' surance with an insurance company licensed to do business in the State
of Texas by the St nsurance Commission or any successor agency that has a rating with Best
Rate Carriers of at least an A- or above:
A. Comprehensive General Liability Insurance with bodily injury limits of not less than
$1,000,000 for each occurrence and not less than $1,000,000 in the aggregate, and with
property damage limits of not less than $100,000 for each occurrence and not less than
$100,000 in the aggregate.
B. Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each
person and not less than $500,000 for each accident, and with property damage limits of
not less than $100,000 for each accident.
C. Worker's Compensation Insurance in accordance with statutory requirements, and
Employers' Liability Insurance with limits of not less than $100,000 for each accident.
D. Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate.
Page 35
City of Denton
Solicitation General Provisions —Terms and Conditions
E. The CONSULTANT shall furnish insurance certificates or insurance policies at the
OWNER's request to evidence such coverages. The General Liability and Auto Liability
insurance policies shall name the OWNER as an additional insured. CONSULTANT shall
endeavor to provide OWNER with any cancellation or modification to its insurance
policies.
ARTICLE X
ALTERNATIVE DISPUTE RESOLUTION
The parties may agree to settle any disputes under this Agreement by submitting the dispute
to mediation with each party bearing its own costs of inediation. No mediation arising out of or
relating to this Agreement, involving one party's disagreement may include the other party to the
disagreement without the other's approvaL Mediation will not be a condition precedent to suit.
ARTICLE XI
TERMINATION OF AGREEMENT
A. Notwithstanding any other provision of this Agreement, either party may terminate by
giving thirty (30) days' advance written notice to the other party.
B. This Agreement may be terminated in whole or in part in the event of either party
substantially failing to fulfill its obligations under this Agreement. No such termination
will be affected unless the other party is given (1) written notice (delivered by certified
mail, return receipt requested) of intent to terminate and setting forth the reasons specifying
the non-performance, and not less than fifteen (15) calendar days to cure the failure; and
(2) an opportunity for consultation with the terminating party prior to termination.
C. If the Agreement is terminated prior to co�
CONSULTANT shall immediately cease
services to the OWNER within thirty (3�
shall pay CONSULTANT for all
and for reimbursable expenses to
accordance with Article V "C
with a new consultant forr c t
cooperate in providin
prepared o furni
or befo�dat f
services to be provided hereunder,
�nd shall render a final bill for
ate of termination. The OWNER
lered and satisfactorily performed
t i ti n in`Eurred prior to the date of termination, in
p s io . Should the OWNER subsequently contract
i u' o ervices on the Project, CONSULTANT shall
�he ONSULTANT shall turn over all documents
TANT pursuant to this Agreement to the OWNER on
but may maintain copies of such documents for its use.
ARTICLE XII
FOR CLAIMS AND LIABILITIES
Approval by the OWNER shall not constitute, nor be deemed a release of the responsibility
and liability of the CONSULTANT, its employees, associates, agents, subcontractors, and
subconsultants for the accuracy and competency of their designs or other work; nor shall such
approval be deemed to be an assumption of such responsibility by the OWNER for any defect in
Page 36
City of Denton
Solicitation General Provisions —Terms and Conditions
the design or other work prepared by the CONSULTANT, its employees, subcontractors, agents,
and consultants.
ARTICLE XIII
NOTICES
All notices, communications, and reports required or permitted under this Agreement shall
be personally delivered or mailed to the respective parties by depositing same in the United States
mail to the address shown below, certified mail, return receipt requested, unless otherwise
specified herein. Mailed notices shall be deemed communicated as of three (3) days' mailing:
To CONSULTANT: To OWNER:
City of Denton
Purchasing Manag — ile 6XXX
901 B Te tree �
Denton, Te s 6 0
All notices shall be deemed effective upon rece' � p r to whom such notice is
given, or within three (3) days' mailing.
ART
,,,.rr.,t,, . ,, . , w T rr.,
This Agreement an�
Agreement of the parties, �
their agreements, and supe
negotiations, discussions,
connection with the subject
E�d el�i ' s �itute the complete and final expression of this
d complete and exclusive statement of the terms of
r' contemporaneous offers, promises, representations,
�nun' tions, and agreements which may have been made in
ARTICLE XV
SEVERABILITY
If any provision of this Agreement is found or deemed by a court of competent jurisdiction
to be invalid or unenforceable, it shall be considered severable from the remainder of this
Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the
parties shall reform this Agreement to replace such stricken provision with a valid and enforceable
provision which comes as close as possible to expressing the intention of the stricken provision.
ARTICLE XVI
COMPLIANCE WITH LAWS
The CONSULTANT shall comply with all federal, state, and local laws, rules, regulations,
and ordinances applicable to the work covered hereunder as those laws may now read or
hereinafter be amended.
ARTICLE XVII
DISCRIMINATION PROHIBITED
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City of Denton
Solicitation General Provisions —Terms and Conditions
In performing the services required hereunder, the CONSULTANT shall not discriminate
against any person on the basis of race, color, religion, sex, sexual orientation, national origin or
ancestry, age, or physical handicap.
ARTICLE XVIII
PERSONNEL
A. The CONSULTANT represents that it has or will secure, at its own expense, all personnel
required to perform all the services required under this Agreement. Such personnel shall
not be employees or officers of, or have any contractual relations with the OWNER.
CONSULTANT shall inform the OWNER of any conflict of interest or potential conflict
of interest that may arise during the term of this Agreement.
B. All services required hereunder will be performed by the CONSULTANT or under its
supervision. All personnel engaged in work shall be qualified, and shall be authorized and
permitted under state and local laws to perform such services.
ARTICLE XIX
ASSIGNABILITY
The CONSULTANT acknowledges that this Ag
competence and specific qualifications of the CONSULT
CONSULTANT. Therefore, the CONSULTANT shal
and shall not transfer any interest in this Agree t
otherwise) without the prior written consent of t��
ON
t's ase on the demonstrated
i the fore personal as to the
a interest in this Agreement,
� by assignment, novation, or
No waiver or m ifica ' n o greement or of any covenant, condition, or limitation
herein contained shall valid un e' writing and duly executed by the party to be charged
therewith, and no evidence of any aiver or modification shall be offered or received in evidence
in any proceeding arising b n the parties hereto out of or affecting this Agreement, or the
rights or obligations of the parties hereunder, and unless such waiver or modification is in writing
and duly executed; and the parties further agree that the provisions of this section will not be
waived unless as set forth herein.
ARTICLE XXI
MISCELLANEOUS
A. The following exhibits are attached to and made a part of this Agreement:
Exhibit A —
Exhibit B —
Exhibit C —
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City of Denton
Solicitation General Provisions —Terms and Conditions
B. The OWNER shall have the right to audit and make copies of the books, records and
computations pertaining to this agreement. The CONTRACTOR shall retain such books,
records, documents and other evidence pertaining to this agreement during 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
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 this agreement, and to allow the OWNER 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 OWNER 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 business days of receipt of an invoice.
Failure to comply with the provisions of this section shall be a material breach of this
contract and shall constitute, in the OWNER'S sole discretion, grounds for termination
thereof. Each of the terms "books", "records", "documents" and "other evidence", as used
above, shall be construed to include drafts and electronic files, even if such drafts or
electronic files are subsequently used to generate or prepare a final printed document.
C. This Agreement shall be governed by, construed, and enforced in accordance with, and
subject to, the laws of the State of Texas or federal law, where appl' e, without regard
to the conflict of law principles of any jurisdiction. In the en th 1 be any dispute
arising out of the terms and conditions of, or in connection wi , i A ent, the party
seeking relief shall submit such dispute to the District Co n n nty or if federal
diversity or subject matter jurisdiction exists, to the te S t istrict Court for the
Eastern District of Texas-Sherman Division. �
D. For the purpose of this Agreement, the
hereunder shall be
CONSULTANT from using ther 1
perform the services req '�re ('
��w�y0 �ill`perform most of the work
��ever, nothing herein shall limit
and competent members of its firm to
E. CONSULTANT shall co ar"ry on, and complete any and all projects with all
applicable dispatch, in a so nomical, and efficient manner and in accordance with
the provisions hereof. In acco plishing the proj ects, CONSULTANT shall take such steps
as are appropriate to ensure that the work involved is properly coordinated with related
work being carried on by the OWNER.
F. The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's disposal
all available information pertinent to the Project, including previous reports, any other data
relative to the Project, and arranging for the access thereto, and make all provisions for the
CONSULTANT to enter in or upon public and private property as required for the
CONSULTANT to perform services under this Agreement.
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City of Denton
Solicitation General Provisions —Terms and Conditions
G. The captions of this Agreement are for informational purposes only, and shall not in any
way affect the substantive terms or conditions of this Agreement.
H. By executing this Agreement below in conformance with Sec. 2270 of the Texas
Government Code, the Supplier verifies that the Supplier: (1) does not boycott Israel; and
(2) will not boycott Israel during the term of this Agreement.
ARTICLE XXII
INDEPENDENT CONTRACTOR
CONSULTANT shall provide services to OWNER as an independent contractor, not as an
employee of the OWNER. CONSULTANT shall not have or claim any right arising from
employee status.
ARTICLE XXIII
RIGHT TO AUDIT
The OWNER shall have the right to audit and make copies of the books, records and computations
pertaining to this agreement. The CONTRACTOR shall retain such books, records, documents
and other evidence pertaining to this agreement during the contract period and five years thereafter,
except if an audit is in progress or audit findings are yet unre lved ' 'ch case records shall be
kept until all audit tasks are completed and resolved. The o ks rd , documents and other
evidence shall be available, within 10 business days o r te quest. Further, the
CONTRACTOR shall also require all Subcontractors a' s iers, and other payees to
retain all books, records, documents and other evide e rt 'n this agreement, and to allow
the OWNER similar access to those document . 1 o d records will be made available
within a 50 mile radius of the City of Dento . e o o th audit will be borne by the OWNER
unless the audit reveals an overpaymen 1 o g e er. I an overpayment of 1% or greater
occurs, the reasonable cost of the dit, i 1' g any travel costs, must be borne by the
CONTRACTOR which my.�e p�b,le it ' ive business days of receipt of an invoice.
Failure to comply with e provisi �his section shall be a material breach of this contract and
shall constitute, in the O R' ole discretion, grounds for termination thereof. Each of the
terms "books", "records", " nts" and "other evidence", as used above, shall be construed to
include drafts and electronic les, even if such drafts or electronic files are subsequently used to
generate or prepare a final printed document.
ARTICLE XXIV
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
Page 40
City of Denton
Solicitation General Provisions —Terms and Conditions
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 repuired to furnish an ori�inal notarized Certif'icate of Interest Parties
before the contract is awarded, in accordance with Government Code 2252.908.
The contractor shall:
Log onto the State Ethics Commission Website at :
h���s://www.e�hics.s�a�e.�x.us/wha�snew/elf infc� fc�rin1295.h�in
2. Register utilizing the tutorial provided by the State
3. Print a copy of the completed Form 1295
4. Enter the Certificate Number on signature page.
5. Sign and notarize the Form 1295
6. Email the notarized form to t�urchasin�(t�,ci�vc�fden�c�n.cc�in 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
Commission's website within seven business days.
IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be
executed by its duly authorized City Manager, and CONSULTANT has executed this Agreement
through its duly authorized undersigned officer on this date
CITY OF DENTON, TEXAS
TO II, , CITY MANAGER
JENNIFER WALTERS, CITY SECRETARY
�: A \ \
BY:
APPROVED AS
AARON LEA �
BY:
Page 41
City of Denton
Solicitation General Provisions —Terms and Conditions
Firm Name
A TEXAS CORPORATION
"CONSULTANT"
BY:
ITS:
TEXAS ETHICS COMMISSION
CERTIFICATE NUMBER
Page 42
City of Denton, Texas
Request for Qualifications #6590
Statement of Work Exhibit #3
Professional Engineering Services
A: INTRODUCTION
In accordance with the provisions of Texas Government Code, Chapter 2254, the City of Denton
(City), a home-rule city of the State of Texas, is requesting submissions to select at least one firm
with demonstrated experience in providing Professional Engineering services. Firms may submit
on any and all of the individual categories of work relating to design, project management and
construction phase assistance of City public works infrastructure as described in this document.
The responses shall be submitted to the City of Denton in a sealed submission.
The awarded firm(s) shall have the ability to accomplish all aspects of the requested services.
B: SCOPE OF WORK
Description of Work
The City of Denton is seeking to award at least one task order contract per work category with a
two year minimum contract life and the option to renew for a third year. Other contracts for
specific projects may be awarded to qualified responders Major work categories include:
• Project Management
• Development Review
• Design of Roadways, Intersections and Bridges
• Design of Traffic Signals and Street Lights
• Design of Wastewater Infrastructure
• Design of Water Infrastructure
• Design of Storm Water Infrastructure
Basic services for project management include (but are not limited to);
• Development of a complete project scope, schedule and budget
• Coordination with internal and external stakeholders
• Public engagement through public meetings, notices, etc...
• Provide timely project updates and reports from through all phases of the project
• Assistance in acquiring right of way and easements necessary to construct the project
• Managing project risks, challenges and opportunities
• Managing the proj ect budget and recommend invoices for approval
• Regular project coordination meetings with appropriate stakeholders
• Reports to the City Engineer or approved designee to deliver projects assigned
Basic services for development review include (but are not limited to);
• Review development site plans, infrastructure plans, construction plans, and construction
specifications for conformance with the City's development guidelines and ordinances
• Coordination with the developer and developer's engineer
• Provide comments on submittals to the City for submittal to the developer and
developer's engineer
• Provide representation for the City in meetings regarding assigned development plans
with the developer, developer's engineer, and internal and external stakeholders.
Basic Services for design categories include (but are not limited to);
• Acquisition of data required to complete the project design
• Preliminary engineering
• Environmental assessment
• Traffic studies
• Engineering design
• Preparation of construction plans
• Specifications, and contract bid documents
• Application for and receipt all required permits
• Attending project status, pre-bid, and preconstruction meetings
• Construction phase assistance and close-out
• Assistance in public engagement
• Assistance in coordinating with internal and external stakeholders
• Providing sealed project "As-Built" drawings upon completion of each project
Additional services not included in basic services, may be requested by the City in writing and
would be executed only upon acceptance by both parties of the scope and costs of each additional
services.
C: EXPECTATIONS OF CITY DURING AND AFTER CONCLUSION OF
PROJECT
The City wants to work with the successful firm for seamless start-to-finish project completion.
Our expectations include all services listed in B: Scope of Work RFQ submissions and
subsequent documentation will comply with all Federal, State, County and City laws,
regulations, and licensing. The successful firm will provide a competent and experienced
contract administration liaison to work with the City and any selected contractor(s). Deliverables
and specific project scopes will be determined in writing for each project awarded under this
RFQ.
D: OBJECTIVES
To provide qualified professional engineering services to accomplish the needs of the City of
Denton's capital improvements plan.
E: PROFESSIONAL SERVICES REQUESTED
All engineering services will be performed under the direct supervision of a Registered
Professional Engineer licensed to practice in the State of Texas. The Engineer will seal all
documents requiring the seal of a Professional Engineer. The services will meet or exceed the
minimum standards of practice established by the Texas Board of Professional Engineers.
Firm must be registered by the State of Texas to provide services in the State. All fees and taxes
are the responsibility of the offeror.
Include copies of current licenses or certifications of the lead Engineer and any other firm
employee that will be signing and/or sealing official documents.
The firm shall not substitute or replace the lead Engineer or any other major staff involved with
this contract without the written acceptance by the City of Denton.
F: FIRM RESPONSIBILITIES
The successful firm(s) shall perform all necessary actions as defined by each awarded contract
that results from this RFQ. Due to the uniqueness and variability of projects subject to this RFQ,
Firm responsibilities and project scopes, schedules and budgets shall be negotiated and agreed
upon in writing at the time services are required.
G: CITY RESPONSIBILITIES
Similar to the Firm's responsibilities above, the City shall perform all necessary actions as
defined by each awarded contract as a result of this RFQ. Due to the uniqueness and variability
of projects subject to this RFQ, the City's responsibilities shall be negotiated and agreed upon in
writing at the time services are required.
H: PRICING
Compensation for each contract shall be negotiated on a cost plus expenses basis. Payment will
be made within 30-days of receipt of Firm's monthly invoice to be paid per the Firm's rate
schedule attached to each contract resulting from this RFQ.
Any travel will be reimbursed at cost ONLY after receipts are received, verified and approved.
Travel reimbursement would only be applicable if Engineer is traveling outside a 75-mile radius
from the City of Denton and must use the gsa.gov website for mileage reimbursement. Travel
outside the 75-mile radius must be approved in advance by the City.
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Denton, Texas 76201
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Legislation Text
File #: ID 18-259, Version: 1
AGENDA CAPTION
Receive a report, hold a discussion and give staff direction regarding potential polling locations for the May 5,
2018 City Council election.
City of Denton Page 1 of 1 Printed on 2/9/2018
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City of Denton
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www.cityofdenton.com
DEPARTMENT:
CM/ DCM/ ACM:
DATE:
SUBJECT
AGENDA INFORMATION SHEET
City Secretary's Ofiice
Bryan Langley
February 13, 2018
Receive a report, hold a discussion and give staff direction regarding potential polling locations for the
May 5, 2018 City Council election.
BACKGROUND
On February 6, 2018, the Council expressed interest in adding additional Election Day polling locations.
Staff has identified potential additional polling locations for Council's consideration. Voters in each City
district would be assigned to a specific Election Day polling location based on their County precinct. A
breakdown of proposed sites and corresponding County precincts is attached. Also attached is the City
Council Voting District map showing current and proposed voting locations. During Early Voting, voters
are able to vote at any location in Denton County. Any change in polling locations will require a media
campaign to make voters aware of the changes so as to avoid confusion on Election Day.
Frank Phillips, Denton County Elections Administrator, will be in attendance at the February 13�h meeting
to answer Council's questions concerning the addition of polling locations.
OPTIONS
• Continue with the current four sites without additional locations. Publicize the numerous Early Voting
sites available to voters throughout the County.
• Add one additional location in each Council district
• Add additional locations to limited Council districts (not all Districts would have a second location)
• Combine Council districts to share an additional location (if programming is feasible)
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Council considered additional polling locations last year at this same time but decided not to increase the
number of locations for the 2017 election.
FISCAL INFORMATION
The cost for each additional polling location is estimated to be $3,500. However that cost may be reduced
if the location is shared with another entity such as the DISD.
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:
Related Goal:
EXHIBITS
Safe, Liveable & Family-Friendly Community
1.4 Achieve high level of customer satisfaction
Exhibit 1 Polling locations with associated County precincts
Exhibit 2 City Council Voting District Map
Respectfully submitted:
Jennifer Walters
City Secretary
Current and Proposed Polling Locations by County Precinct
VQter Districts - Februa 2018
rY
Legend N The �tY ot oe�to� ha� P�ePa�ed maP� ��
, , tlepertmentel use. These ere nat affcel meps afthe
VoterPrecincts Districti Lekes Gdy af Denton end shauld nat be used for legel --'--
__ ' ' � � � � eng neerng ar surveNng purpases but rsther fir — �
a Rec Cenfers �% Ej reference purpases. These meps ere the prapertyaf
. District 2 the C ty of Denton antl have been matle ava lable to
CITY li — ub�ry � the publ c besetl an the Publ c Infortnet an Act. The CITY
UF a Fre S[efians Gdy af DenNn mekes every effort ta pmtluce entl ���
Ostrct3 � publsh tli t ent entl eccurste f t re
passbl . N tes expressetl ar pl tl
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�li chnrilr,igy I:'. ^rvic^�. (!.;11:1 osr�ora -�r�m�aeero�. urr�ero� of ens mav -�a�eras
,,,,j�% Fe� untlerstantling antl a ceptance of this statement.
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
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Legislation Text
File #: ID 18-261, Version: 1
AGENDA CAPTION
Consultation with Attorneys - Under Texas Government Code, Section 551.071.
Consult with the City's attorneys regarding status and legal issues associated with an engagement to complete
an audit and investigation previously initiated by the City's former Internal Auditor, and legal analysis relating
to preliminary findings associated with said audit and investigation, where a public discussion associated with
these legal matters would clearly conflict with the duty of the City's attorneys to the City of Denton and the
Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas.
City of Denton Page 1 of 1 Printed on 2/9/2018
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City of Denton 215 E. McKinney St.
Denton, Texas 76201
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File #: ID 18-262, Version: 1
Legislation Text
AGENDA CAPTION
Consider adoption of an ordinance authorizing the amended engagement of the law firm of Lynn, Ross and
Gannaway, LLP, and the BKD, LLP accounting firm, to complete a previously initiated audit and investigation,
pursuant to the terms of the attached revised contract for professional services; and further amending the
previously authorized expenditure of budgeted funds for this engagement, in an amended amount for past and
anticipated professional fees and expenses, not to exceed the aggregate and inclusive amount of $142,000;
repealing, superseding, and replacing in its entirety Ordinance 2017-368; and providing an effective date.
City of Denton Page 1 of 1 Printed on 2/9/2018
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City of Denton
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www. cityo fdenton. com
DEPARTMENT:
CM/ DCM/ ACM:
DATE:
SUBJECT
AGENDA INFORMATION SHEET
Legal
Jerry Drake, First Assistant City Attorney
February 13, 2018
Consider adoption of an ordinance authorizing the amended engagement of the law firm of Lynn, Ross and
Gannaway, LLP, and the BKD, LLP accounting firm, to complete a previously initiated audit and
investigation, pursuant to the terms of the attached revised contract for professional services; and further
amending the previously authorized expenditure of budgeted funds for this engagement, in an amended
amount for past and anticipated professional fees and expenses, not to exceed the aggregate and inclusive
amount of $142,000; repealing, superseding, and replacing in its entirety Ordinance No. 2017-368; and
providing an effective date (File 6616 — Lynn, Ross and Gannaway, LLP aggregating an amount not-to-
exceed $142,000).
BACKGROUND
As stated in the recitals of the ordinance, this ordinance amends an existing contract for professional
services to complete an audit and investigation that had already been initiated by the City's Internal Auditor,
prior to his sudden departure from the City.
As a matter of law, professional legal, accounting, and auditing services are exempted from statutory
requirements of bidding and procurement by the Texas Professional Services Procurement Act, and well-
established case precedent interpreting that act.
With due deference to the language and intent of Denton's Charter section 6.04, which contemplates that
the services of the internal auditor be provided directly to the City Council, rather than through management
and staff, the report of this completed audit and investigation will be provided directly to the City Council.
The original engagement provided for payment of fees and reimbursement of travel and other expenses, but
limited only the professional fees to a budget of $50,000, without subsequent amendment. Because of
unanticipated events that necessitated amendment of the engagement to increase the budget, and because
the majority of costs and expenses had already been incurred and billed, the amended engagement
agreement caps all amounts payable to a total budget of $142,000, which is inclusive of all services and
expenses billed to date, and is estimated to cover all fees, costs, and expenses anticipated by the revised
scope of services. Below is a breakdown of anticipated costs:
lst Phase — Initial Fact Finding (Staff initiated)
Audit Services -
Investigation (Legal) Services -
$11,000
i�: 111
2nd Phase — Audit & Investigation Services
Professional Service Fees only (Council initiated) -$50,000
3rd Phase — Additional Audit & Investigation Services
and Phase 2 costs for travel & other expenses -$73,000
Total Not To Exceed Amount - $142,000
OPTIONS
l. Approve the ordinance authorizing amendment to the engagement;
2. Approve the ordinance authorizing amendment to the engagement with changes;
3. Decline to approve the ordinance and amended engagement at this time, and provide further
direction for the completion of the previously initiated audit and investigation, as well as payment
of fees and expenses incurred to date.
RECOMMENDATION
The City Attorney's Office has reviewed the ordinance and amended engagement as to form, and confirms
that the ordinance and engagement are legal, and within the City Council's authority to approve. The
Finance Department assisted by providing the supporting financial detail.
SCHEDULE OF PROJECT
The professionals named in the proposed engagement will complete the amended scope of work, including
completion of written reports from each firm, and will make a public presentation of the findings on a date
later determined by City Council. The amended cost and schedule of completion was necessitated in part
by delays when some interviewees who are external to the City engaged legal counsel, as well as post-
engagement changes to the scope of the engagement and its administration.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Ordinance 2017-368 was originally approved November 14, 2017 with a budget of $50,000 for fees, but
otherwise obligating the City to payment of costs and expenses incurred, under a scope of services that
has since expanded.
FISCAL INFORMATION
The amended engagement is limited to not exceed $142,000 without further amendment and approval. This
limit includes all fees, costs and expenses previously incurred, as well as all future fees, costs and expenses
anticipated by the revised scope of services, as amended. The cost for this contract, as well as a separate
audit of contract administration (not to exceed $40,000), will be partially offset by approximately $102,000
in anticipated salary saving associated with vacant positions in the Internal Audit budget. Costs beyond
those covered by salary savings will be paid from additional savings in the General Fund operating budget.
BID INFORMATION
Professional services, including legal, accounting, and auditing functions are exempted from bidding by the
Professional Services Procurement Act, Tex. Gov't Code §2254.001, et seq., and well established case
precedent, as a matter of law.
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: Organizational Excellence
Related Goal: 1.1 Manage financial resources in a responsible manner
EXHIBITS
1. Ordinance
Respectfully submitted:
/s/ Jerry E. Drake, Jr.
Jerry E. Drake, Jr., First Assistant City Attorney
Prepared by:
Toni Reedy, Legal Administrator
s:\legal\our documents\ordinancesU 8\ordinance Irg bkd amended 2.13.2018.docx
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE AMENDED ENGAGEMENT OF THE LAW FIRM
OF LYNN, ROSS AND GANNAWAY, LLP, AND THE BKD, LLP ACCOUNTING FIRM, TO
COMPLETE A PREVIOUSLY INITIATED AUDIT AND INVESTIGATION, PURSUANT TO
THE TERMS OF THE ATTACHED REVISED CONTRACT FOR PROFESSIONAL
SERVICES; AND FURTHER AMENDING THE PREVIOUSLY AUTHORIZED
EXPENDITURE OF BUDGETED FUNDS FOR THIS ENGAGEMENT, IN AN AMENDED
AMOUNT FOR PAST AND ANTICIPATED PROFESSIONAL FEES AND EXPENSES, NOT
TO EXCEED THE AGGREGATE AND INCLUSIVE AMOUNT OF $142,000; REPEALING,
SUPERSEDING, AND REPLACING IN ITS ENTIRETY ORDINANCE 2017-368; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Council of the City of Denton, Texas understands that the contracted
services are exempted from ordinary bidding and procurement requirements by the Professional
Services Procurement Act, and case law interpretations of same. See, Tex. Gov't Code §2254.001,
et seq.; and
WHEREAS, the Council of the City of Denton, Texas finds that the contracted services are
necessary and appropriate, due to the departure of the City's Internal Auditor after initiating this
investigation, as well as the consequent needs to take prompt remedial actions (if any should prove
necessary), and to reach a timely, unbiased, and definitive resolution of any public controversy
which might arise out of this pending and unresolved investigation and audit; and
WHEREAS, the previous budget of $50,000 for such services by Ordinance 2017-368 was
for professional fees only, and did not account for or include billed expenses obligated for payment
by the terms of the approved contract of engagement, nor did it account for or include fees or
expenses approved by delegated authority in professional services associated with earlier phases
of this investigation and audit; and
WHEREAS, in order to promote a more accurate and comprehensive record, the City
desires to bring all outside fees and expenses associated with this engagement into a more
comprehensive budget of both fees and expenses, both past and anticipated; and
WHEREAS, many of these fees and expenses are payable from salary savings and other
budgetary allocations of the vacant Internal Auditor position; and
WHEREAS, unanticipated resistance from external sources necessitated additional time,
expenditure and efforts to obtain documents and personal interviews from non-City individuals;
and
WHEREAS, after Lynn Ross and Gannaway and BKD provided preliminary reports of
findings, they were asked to provide additional information; and
WHEREAS, Lynn Ross and Gannaway and BKD were subsequently asked to expand the
original scope of the engagement previously approved by Ordinance 2017-368 to include a public
presentation of the findings; and
Page 1
s:Uegal\our docurnents\ordinancesU8\ordinance Irg bkd arnended 2.132018.docx
WHEREAS, with due deference to the language and intent of Section 6.04 of Denton's
Charter, the Council of the City of Denton, Texas finds that during the vacancy of the City Auditor
position, this pending and unresolved investigation and audit should proceed at the hands of
outside legal and auditing professionals reporting directly to the City Council; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The above recitals are fully adopted and incorporated herein for all purposes.
SECTION 2. The Mayor is hereby authorized to execute the revised and amended
engagement agreement by and between the City and the law firm of Lynn, Ross and Gannaway,
LLP, and the BKD, LLP accounting firm for professional services, as stated substantially in the
terms of said Agreement, attached hereto as Exhibit "A", incorporated herein by reference.
SECTION 3. The award of this Agreement by the City is on the basis of the demonstrated
competence, knowledge, and qualifications of the firms and the demonstrated ability of the firms,
and their demonstrated ability to timely perform the services needed by the City, for fair and
reasonable fees.
SECTION 4. The expenditure of funds as provided in the attached Agreement is hereby
limited to a revised and amended amount, not to exceed One Hundred Twenty-Five Thousand
Dollars ($142,000), for past and anticipated professional fees and expenses within the revised and
expanded scope of these amended professional services agreements.
SECTION 5. Ordinance 2017-368 is hereby repealed, superseded, and replaced in its
entirety.
SECTION 6. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2018.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
CHRIS WATTS, MAYOR
Page 2
s:\legal\our docuntents\ordinances\18\ordinance Irg bkd antended 2.13.2018.docx
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
Page 3
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February 9, 2018
Mayor Chris Watts and Denton City Council
City of Denton
215 E. McKinney St.
Denson, TX 76201
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Re: Retention of Legal Counsel to work with Forensic Accounting Firm Investigation
Relationship between City of Denton and Denton Parks Foundation
October l, 2012 — September 30, 2017
Amended Engagement
Dear Mayor and Council:
We appreciate being asked to assist the City of Denton ("City") in conducting this confidential
investigation. In this role, we will be engaged in the dual functions of fact-finding and legal
analysis. It is our understanding the City of Denton intends to establish a relationship with our
firm that would establish not only an attorney/client privilege with regard to verbal and written
communications, but also would cloak our investigation notes and other documents with the
attorney work product privilege. To facilitate a thorough investigation, we have been authorized
to retain BKD, LLP's Forensics & Valuation Services team, (`BKD").
I have attached a copy of BKD's amended engagement letter as Exhibit A, which is incorporated
by reference into this Engagement.
Amended Fees and Expenses
Prior to our engagement with City Council as reflected in Ordinance 2017- 368, executed on
November 14, 2017, BKD had been retained by former Finance Director Chuck Springer to
conduct a preliminary review, and LRG had been retained on October 18, 2017 through the City
Attorney's Office.
Based on the information that was a�ailable to both BKD and my firm, we initially estimated that
BKD's fees (not including expenses or costs) would be $30,000. I had estimated that my fees
should not exceed $20,000 following the date of initial engagement, November 14, 2017 to
completion, as I bill at $250.00 per hour. Our initial estimate had assumed all information would
be provided to us completely and expeditiously.
Current City staff promptly and expeditiously complied with all requests for information.
However, the former City Auditor was not available to provide information, background, or
explanation of what, how and where he left off his involvement as the lead investigator of the
Fraud, Waste & Abuse Committee. His absence and unavailability resulted in additional time and
EXHIBIT
A to Ordinance
Mayor and Council
February 9, 2018
Page 2
expense in recreating assumptions, assimilating and reviewing work and efforts performed from
the inception of the investigation to the point where he suddenly resigned.
Additionally, we were met with unanticipated resistance from the Parks Foundation President
when we asked for more and different documentation than what the City's Fraud, Waste & Abuse
Committee had originally requested. After extensive communication, the Parks Foundation Board
and their employees provided the information requested.
On December 8, 2017, we informed potential interviewees of the interview dates of December 14
and 15, 2017. While City staff made themselves available, we were not immediately informed
that the Parks Foundation Treasurer or the Executive Director were not going to be available. After
we set the interview dates, both the Foundation Treasurer and the Executive Director retained
counseL We were unable to agree to the Treasurer's counsel's preconditions (which ultimately
resulted in the refusal to engage in a face-to-face personal interview), but we were able to reach
agreement with the Executive Director's counsel's preconditions. However, the Executive
Director and her counsel were unavailable on December 14 or 15, and her interview had to be
conducted on December 21, 2017. The Board President met with the investigative team without
precondition on December 15, 2017.
Given the level of resistance we encountered, the initial estimated amount was exceeded in
January, 2018. After preparing and providing a preliminary verbal report to City Council, we were
requested to provide further responses and legal analysis, and to provide an updated verbal report.
Further analysis was requested, which necessitated an additional update, and then it is anticipated
that LRG and BKD will provide a public presentation of the findings at a time designated by City
Council.
Therefore, due to unanticipated circumstances and an expanded scope of deliverables, BKD and
LRG are seeking an amended engagement.
Our amended not to exceed amount estimate, including fees, expenses, and costs will not exceed
$142,000.00 for the entirety of all work performed by BKD and LRG on this matter.
It is anticipated that the remaining fees for completion of all remaining work, including billed and
unbilled time, will be an additional $84,000, of which $18,000 would be work performed by LRG
and $66,000 would be work performed by BKD.
Please contact me if you have any questions. We are pleased to have this opportunity to be of
service and to work with you.
Very truly yours,
/s/ Julia Gannaway
Julia Gannaway
� � �:� �, �:� ����,Y%�; L���,��r���a�..a �..�:.�"�..�.:� �:�"�.
Writer's Direct DiaL (817) 332.8512
Mayor and Council
February 9, 2018
Page 3
ACCEPTED AND AGREED TO THIS DAY OF FEBRUARY, 2018.
Chris Watts, Mayor
1 '��1� i �%°� � ���o�,
��ni''�
l r� i ��
��rr� � �ii�..�
CP�s & Advisors
Februaiy 9, 2018
Ms. Julia Gannaway
Lynn, Ross & Gannaway, LLP
306 West Broadway Avenue
Fort Worth, TX 76104
10001 Reunion Place, Suite 400 I San Antonio, TX 7$216-4137
210.341.9400 I Fax 210.341.9434 I bkd.com
The pu�pose of this document is to amend our previous letter dated November 3, 2017, to
provide a detailed scope for our worlc with your client, City of Denton, Texas. This scoping
document is meant to supplement our previous discussions. These processes are based on
information gathered to date. The work performed as outlined below shall be limited to the scope
period of October 1, 2012, through September 30, 2017, (Scope Period) unless otherwise noted.
All documentation should be provided in electranic form, where applicable.
1. Conduct interviews of the City of Denton (COD) and Denton Parl<s Foundation (DPF)
and their repr•esentatives, as necessaiy, to develop an understanding of the relationship
and interactions between COD and DPF. These interviews toolc place in 2017 on
December 14, 15 and 21, requiring additional preparation and tl•avel.
2. Obtain an electronic copy of COD's einployee master file, vendor master file and other
necessary reports to adequately assess and document the interaction between COD and
DPF.
3. Obtain an electronic version of the QuickBoolcs accounting software for DPF (and
associated username and passwords, if applicable), including employee master file and
vendor master file and perform procedur�es such as:
a. Assessment of the audit log, if enabled
b. Obtain general ledger detail reports and identify entries that appear unusual based
on atnount, nature, timing or manner of recording. We will request supporting
doculnentation for entries that appear unusual
c. Analyze for conflicts of interest and related party transactions between the DPF
and COD
d. Prepare a iisting of all identified payments directly to a COI7 employee from DPF.
4. Obtain and read a copy of the policies and procedures of the COD that were active
during the Scope Period. Obtain and read a copy of the contract between the COD and
DPF existing during the Scope Period.
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February 9, 2018
Page 2
5. Obtain copies of the COD City Council minutes for all matters related to the interaction
between the COD and DPF, including but not limited to cash payments to DPF from
the COD, approval of the use of COD assets on DPF projects, etc.
6. Assess the findings of the Fraud, Waste & Abuse Committee from its investigation into
the relationship between the COD and DPF and consider whether additional follow up
should be performed.
7. Obtain and analyze COD and DPF bank statements, check images and monthly account
reconciliations during the scope period.
Obtain and analyze COD and DPF check register for all bank accounts during the scope
period.
9. Analyze books and records for the following:
a. Indications of amounts received by DPF fi�om advertising revenue on COD
property and quantify the amounts received
b. Annual cash receipts from pledges and trace uses of those funds received related
to annual donation pledges made to DPF
c. All other sources of revenues
10. Prepare a written report for City Council to read.
11. Prepare and present to City Council on January 16, 2018, February 6, 2018, and on
Februaiy 13, 2018, in closed sessions in cooperation with and pursuant to privileged
attorney-client discussions to present preliminaiy findings, answer questions and
determine if further work is warranted or requested. Malce edits to report draft, as
deemed necessary by BKD.
12. Present an additional open session to be determined at a later date.
The results of the listed procedut•es may uncover information that wouid necessitate further
investigation. Additional procedures may be suggested, if appropriate. At the conclusion of all
of our procedures, we will prepare a written report.
Based upon the inforination you have provided, we have estimated our fees for these procedures
will be an additional $66,000. This ainount is in addition to the $30,000 estimate provided in the
November 3, 2017, letter. This is an estimate only and not a cap or guaranteed maximum. The
above fees estimates include our estimate of travel costs, if any, as well as an administrative fee
of 4 percent to cover items such as copies; postage and other delivery charges; supplies;
City of Denton, Texas
February 9, 2018
Page 3
technology-related costs such as computer processing, software licensing, research and library
databases; and similar expense items. This fee estimate assumes that all information will be
provided to us completely and expeditiously and that no unusual or unanticipated circumstances
arise in our engagement. If unusual ar unanticipated circumstances require us to expand the
scope of our engagement, we will discuss this with you before beginning the additional work.
For purposes of this agreement, it is undeistood that expanding the scape of olu� engagement,
including upon your request, has increased our anticipated fees. Throughout this engagement,
we will monitor the time spent and notify you if and when it becomes apparent to us that our
total fees may exceed otiu� estimated fee. Following acceptance of this document by you, we will
begin planning and executing on the procedures as soon as possible.
�KD, LLP
The services and arrangements described in this letter are in accordance with our understanding
and are acceptable to us.
LYNN, RO�� �i GANT�AWAY, LLP
B � �����'� � ������ �� � W������ �
y. � Ju1ia Gannaway, Attorney � �,��°° ��°�'�°�� „��'�
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Date. c°���.���°`��� ��,�°�,�..�r� ��
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KN1173160
s:\legal\our documents\ordinancesU 8\ordinance Irg bkd amended 2.13.2018.docx
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE AMENDED ENGAGEMENT OF THE LAW FIRM
OF LYNN, ROSS AND GANNAWAY, LLP, AND THE BKD, LLP ACCOUNTING FIRM, TO
COMPLETE A PREVIOUSLY INITIATED AUDIT AND INVESTIGATION, PURSUANT TO
THE TERMS OF THE ATTACHED REVISED CONTRACT FOR PROFESSIONAL
SERVICES; AND FURTHER AMENDING THE PREVIOUSLY AUTHORIZED
EXPENDITURE OF BUDGETED FUNDS FOR THIS ENGAGEMENT, IN AN AMENDED
AMOUNT FOR PAST AND ANTICIPATED PROFESSIONAL FEES AND EXPENSES, NOT
TO EXCEED THE AGGREGATE AND INCLUSIVE AMOUNT OF $142,000; REPEALING,
SUPERSEDING, AND REPLACING IN ITS ENTIRETY ORDINANCE 2017-368; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Council of the City of Denton, Texas understands that the contracted
services are exempted from ordinary bidding and procurement requirements by the Professional
Services Procurement Act, and case law interpretations of same. See, Tex. Gov't Code §2254.001,
et seq.; and
WHEREAS, the Council of the City of Denton, Texas finds that the contracted services are
necessary and appropriate, due to the departure of the City's Internal Auditor after initiating this
investigation, as well as the consequent needs to take prompt remedial actions (if any should prove
necessary), and to reach a timely, unbiased, and definitive resolution of any public controversy
which might arise out of this pending and unresolved investigation and audit; and
WHEREAS, the previous budget of $50,000 for such services by Ordinance 2017-368 was
for professional fees only, and did not account for or include billed expenses obligated for payment
by the terms of the approved contract of engagement, nor did it account for or include fees or
expenses approved by delegated authority in professional services associated with earlier phases
of this investigation and audit; and
WHEREAS, in order to promote a more accurate and comprehensive record, the City
desires to bring all outside fees and expenses associated with this engagement into a more
comprehensive budget of both fees and expenses, both past and anticipated; and
WHEREAS, many of these fees and expenses are payable from salary savings and other
budgetary allocations of the vacant Internal Auditor position; and
WHEREAS, unanticipated resistance from external sources necessitated additional time,
expenditure and efforts to obtain documents and personal interviews from non-City individuals;
and
WHEREAS, after Lynn Ross and Gannaway and BKD provided preliminary reports of
findings, they were asked to provide additional information; and
WHEREAS, Lynn Ross and Gannaway and BKD were subsequently asked to expand the
original scope of the engagement previously approved by Ordinance 2017-368 to include a public
presentation of the findings; and
Page 1
s:Uegal\our docurnents\ordinancesU8\ordinance Irg bkd arnended 2.132018.docx
WHEREAS, with due deference to the language and intent of Section 6.04 of Denton's
Charter, the Council of the City of Denton, Texas finds that during the vacancy of the City Auditor
position, this pending and unresolved investigation and audit should proceed at the hands of
outside legal and auditing professionals reporting directly to the City Council; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The above recitals are fully adopted and incorporated herein for all purposes.
SECTION 2. The Mayor is hereby authorized to execute the revised and amended
engagement agreement by and between the City and the law firm of Lynn, Ross and Gannaway,
LLP, and the BKD, LLP accounting firm for professional services, as stated substantially in the
terms of said Agreement, attached hereto as Exhibit "A", incorporated herein by reference.
SECTION 3. The award of this Agreement by the City is on the basis of the demonstrated
competence, knowledge, and qualifications of the firms and the demonstrated ability of the firms,
and their demonstrated ability to timely perform the services needed by the City, for fair and
reasonable fees.
SECTION 4. The expenditure of funds as provided in the attached Agreement is hereby
limited to a revised and amended amount, not to exceed One Hundred Twenty-Five Thousand
Dollars ($142,000), for past and anticipated professional fees and expenses within the revised and
expanded scope of these amended professional services agreements.
SECTION 5. Ordinance 2017-368 is hereby repealed, superseded, and replaced in its
entirety.
SECTION 6. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2018.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
CHRIS WATTS, MAYOR
Page 2
s:\legal\our docuntents\ordinances\18\ordinance Irg bkd antended 2.13.2018.docx
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
Page 3
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February 9, 2018
Mayor Chris Watts and Denton City Council
City of Denton
215 E. McKinney St.
Denson, TX 76201
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Re: Retention of Legal Counsel to work with Forensic Accounting Firm Investigation
Relationship between City of Denton and Denton Parks Foundation
October l, 2012 — September 30, 2017
Amended Engagement
Dear Mayor and Council:
We appreciate being asked to assist the City of Denton ("City") in conducting this confidential
investigation. In this role, we will be engaged in the dual functions of fact-finding and legal
analysis. It is our understanding the City of Denton intends to establish a relationship with our
firm that would establish not only an attorney/client privilege with regard to verbal and written
communications, but also would cloak our investigation notes and other documents with the
attorney work product privilege. To facilitate a thorough investigation, we have been authorized
to retain BKD, LLP's Forensics & Valuation Services team, (`BKD").
I have attached a copy of BKD's amended engagement letter as Exhibit A, which is incorporated
by reference into this Engagement.
Amended Fees and Expenses
Prior to our engagement with City Council as reflected in Ordinance 2017- 368, executed on
November 14, 2017, BKD had been retained by former Finance Director Chuck Springer to
conduct a preliminary review, and LRG had been retained on October 18, 2017 through the City
Attorney's Office.
Based on the information that was a�ailable to both BKD and my firm, we initially estimated that
BKD's fees (not including expenses or costs) would be $30,000. I had estimated that my fees
should not exceed $20,000 following the date of initial engagement, November 14, 2017 to
completion, as I bill at $250.00 per hour. Our initial estimate had assumed all information would
be provided to us completely and expeditiously.
Current City staff promptly and expeditiously complied with all requests for information.
However, the former City Auditor was not available to provide information, background, or
explanation of what, how and where he left off his involvement as the lead investigator of the
Fraud, Waste & Abuse Committee. His absence and unavailability resulted in additional time and
EXHIBIT
A to Ordinance
Mayor and Council
February 9, 2018
Page 2
expense in recreating assumptions, assimilating and reviewing work and efforts performed from
the inception of the investigation to the point where he suddenly resigned.
Additionally, we were met with unanticipated resistance from the Parks Foundation President
when we asked for more and different documentation than what the City's Fraud, Waste & Abuse
Committee had originally requested. After extensive communication, the Parks Foundation Board
and their employees provided the information requested.
On December 8, 2017, we informed potential interviewees of the interview dates of December 14
and 15, 2017. While City staff made themselves available, we were not immediately informed
that the Parks Foundation Treasurer or the Executive Director were not going to be available. After
we set the interview dates, both the Foundation Treasurer and the Executive Director retained
counseL We were unable to agree to the Treasurer's counsel's preconditions (which ultimately
resulted in the refusal to engage in a face-to-face personal interview), but we were able to reach
agreement with the Executive Director's counsel's preconditions. However, the Executive
Director and her counsel were unavailable on December 14 or 15, and her interview had to be
conducted on December 21, 2017. The Board President met with the investigative team without
precondition on December 15, 2017.
Given the level of resistance we encountered, the initial estimated amount was exceeded in
January, 2018. After preparing and providing a preliminary verbal report to City Council, we were
requested to provide further responses and legal analysis, and to provide an updated verbal report.
Further analysis was requested, which necessitated an additional update, and then it is anticipated
that LRG and BKD will provide a public presentation of the findings at a time designated by City
Council.
Therefore, due to unanticipated circumstances and an expanded scope of deliverables, BKD and
LRG are seeking an amended engagement.
Our amended not to exceed amount estimate, including fees, expenses, and costs will not exceed
$142,000.00 for the entirety of all work performed by BKD and LRG on this matter.
It is anticipated that the remaining fees for completion of all remaining work, including billed and
unbilled time, will be an additional $84,000, of which $18,000 would be work performed by LRG
and $66,000 would be work performed by BKD.
Please contact me if you have any questions. We are pleased to have this opportunity to be of
service and to work with you.
Very truly yours,
/s/ Julia Gannaway
Julia Gannaway
� � �:� �, �:� ����,Y%�; L���,��r���a�..a �..�:.�"�..�.:� �:�"�.
Writer's Direct DiaL (817) 332.8512
Mayor and Council
February 9, 2018
Page 3
ACCEPTED AND AGREED TO THIS DAY OF FEBRUARY, 2018.
Chris Watts, Mayor
1 '��1� i �%°� � ���o�,
��ni''�
l r� i ��
��rr� � �ii�..�
CP�s & Advisors
Februaiy 9, 2018
Ms. Julia Gannaway
Lynn, Ross & Gannaway, LLP
306 West Broadway Avenue
Fort Worth, TX 76104
10001 Reunion Place, Suite 400 I San Antonio, TX 7$216-4137
210.341.9400 I Fax 210.341.9434 I bkd.com
The pu�pose of this document is to amend our previous letter dated November 3, 2017, to
provide a detailed scope for our worlc with your client, City of Denton, Texas. This scoping
document is meant to supplement our previous discussions. These processes are based on
information gathered to date. The work performed as outlined below shall be limited to the scope
period of October 1, 2012, through September 30, 2017, (Scope Period) unless otherwise noted.
All documentation should be provided in electranic form, where applicable.
1. Conduct interviews of the City of Denton (COD) and Denton Parl<s Foundation (DPF)
and their repr•esentatives, as necessaiy, to develop an understanding of the relationship
and interactions between COD and DPF. These interviews toolc place in 2017 on
December 14, 15 and 21, requiring additional preparation and tl•avel.
2. Obtain an electronic copy of COD's einployee master file, vendor master file and other
necessary reports to adequately assess and document the interaction between COD and
DPF.
3. Obtain an electronic version of the QuickBoolcs accounting software for DPF (and
associated username and passwords, if applicable), including employee master file and
vendor master file and perform procedur�es such as:
a. Assessment of the audit log, if enabled
b. Obtain general ledger detail reports and identify entries that appear unusual based
on atnount, nature, timing or manner of recording. We will request supporting
doculnentation for entries that appear unusual
c. Analyze for conflicts of interest and related party transactions between the DPF
and COD
d. Prepare a iisting of all identified payments directly to a COI7 employee from DPF.
4. Obtain and read a copy of the policies and procedures of the COD that were active
during the Scope Period. Obtain and read a copy of the contract between the COD and
DPF existing during the Scope Period.
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City of Denton, Texas
February 9, 2018
Page 2
5. Obtain copies of the COD City Council minutes for all matters related to the interaction
between the COD and DPF, including but not limited to cash payments to DPF from
the COD, approval of the use of COD assets on DPF projects, etc.
6. Assess the findings of the Fraud, Waste & Abuse Committee from its investigation into
the relationship between the COD and DPF and consider whether additional follow up
should be performed.
7. Obtain and analyze COD and DPF bank statements, check images and monthly account
reconciliations during the scope period.
Obtain and analyze COD and DPF check register for all bank accounts during the scope
period.
9. Analyze books and records for the following:
a. Indications of amounts received by DPF fi�om advertising revenue on COD
property and quantify the amounts received
b. Annual cash receipts from pledges and trace uses of those funds received related
to annual donation pledges made to DPF
c. All other sources of revenues
10. Prepare a written report for City Council to read.
11. Prepare and present to City Council on January 16, 2018, February 6, 2018, and on
Februaiy 13, 2018, in closed sessions in cooperation with and pursuant to privileged
attorney-client discussions to present preliminaiy findings, answer questions and
determine if further work is warranted or requested. Malce edits to report draft, as
deemed necessary by BKD.
12. Present an additional open session to be determined at a later date.
The results of the listed procedut•es may uncover information that wouid necessitate further
investigation. Additional procedures may be suggested, if appropriate. At the conclusion of all
of our procedures, we will prepare a written report.
Based upon the inforination you have provided, we have estimated our fees for these procedures
will be an additional $66,000. This ainount is in addition to the $30,000 estimate provided in the
November 3, 2017, letter. This is an estimate only and not a cap or guaranteed maximum. The
above fees estimates include our estimate of travel costs, if any, as well as an administrative fee
of 4 percent to cover items such as copies; postage and other delivery charges; supplies;
City of Denton, Texas
February 9, 2018
Page 3
technology-related costs such as computer processing, software licensing, research and library
databases; and similar expense items. This fee estimate assumes that all information will be
provided to us completely and expeditiously and that no unusual or unanticipated circumstances
arise in our engagement. If unusual ar unanticipated circumstances require us to expand the
scope of our engagement, we will discuss this with you before beginning the additional work.
For purposes of this agreement, it is undeistood that expanding the scape of olu� engagement,
including upon your request, has increased our anticipated fees. Throughout this engagement,
we will monitor the time spent and notify you if and when it becomes apparent to us that our
total fees may exceed otiu� estimated fee. Following acceptance of this document by you, we will
begin planning and executing on the procedures as soon as possible.
�KD, LLP
The services and arrangements described in this letter are in accordance with our understanding
and are acceptable to us.
LYNN, RO�� �i GANT�AWAY, LLP
B � �����'� � ������ �� � W������ �
y. � Ju1ia Gannaway, Attorney � �,��°° ��°�'�°�� „��'�
�
Date. c°���.���°`��� ��,�°�,�..�r� ��
��
KN1173160
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
���,� I�Illlll�uuuuuuu��ii www.cityofdenton.com
��������'���
File #: A17-0006b, Version: 1
Legislation Text
AGENDA CAPTION
Hold the second of two public hearings for a voluntary annexation of approximately 0.30 acres of land
generally located on the east side of Old Alton Road, south of the intersection of Old Alton Road and Teasley
Lane.
City of Denton Page 1 of 1 Printed on 2/9/2018
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City of Denton
�, City Ha11
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����"��"��� Denton, Texas
www.cityofdenton.com
DEPARTMENT:
CM:
DATE:
AGENDA INFORMATION SHEET
Department of Development Services
Todd Hileman
February 13, 2018
SUBJECT
Hold the second of two public hearings for a voluntary annexation of approximately 0.30 acres of
land generally located on the east side of Old Alton Road, south of the intersection of Old Alton
Road and Teasley Lane.
BACKGROUND
The applicant, Yolanda Vela Vorel, on behalf of the property owner, FBA Properties, has
submitted an annexation application to voluntarily annex approximately 0.30 acres of land.
The adj acent parcel is owned by the applicant and was recently rezoned from NRMU to CM-G for
the purpose of developing a vehicle repair facility (Z17-0017). The subject site and the adjacent
parcel are both part of the same lot. Once this site is annexed and zoned, it will become part of the
planned vehicle repair facility. (Please refer to Exhibit 3, Zoning Map.)
The proposed annexation meets the following criteria for annexation as listed in Section 35.3.14
of the Denton Development Code (DDC):
• It will require a connection to City public services;
• It is within the City's Certificate of Convenience and Necessity boundary for water, sewer,
and electric services;
In reviewing the proposed annexation, staff considered the following:
l. The ability of the city to provide infrastructure and public services equal to other
comparable areas inside the city limits.
• Water service is available from an 8-inch line located within the property. The nearest
Wastewater main is an 8-inch line located at the southern property line.
• Transportation improvements required as a result of the proposed development of this
site will be determined after trip generation calculations have been received and
reviewed.
• Any drainage improvements required in association with the development of this site
will be the responsibility of the Developer.
• Any improvements due to the impact of this development will be constructed at the
Developers expense.
• DME has an underground three phase 4/0 line along the frontage of the property.
• Solid Waste will add this property to existing routes when the applicant signs up for a
commercial service account.
• Policing of the subject site would comply with required response times.
• Fire and EMS services to the site would comply with required response times. Station
#6 is located 3 miles from the subject site.
2. The reliability, capacity, and future public cost, if any, of current and planned provisions
for community facilities, including but not limited to roads, drainage, and utilities.
The terms of the needed improvements/upgrades will be determined upon platting and
permitting and funding will be the responsibility of the developer.
3. The need and quality of land use and building controls.
The annexation of the subject property into the city will enable the use of development and
design standards in the DDC, minimizing the impacts of the proposed development on
adjacent neighborhoods.
4. Conformance with the Land Use Element of the City's comprehensive plan.
The subject property is designated as Community Mixed Use on the Future Land Use Plan.
The applicant is proposing to develop a vehicle repair facility on this site. Conformance
with the Land Use Element will be determined when the application for initial zoning is
submitted and reviewed.
5. Impact on the City, both current and long range, including at a minimum.
Anticipated impacts to the City will be minimal as noted in Items 1 to 3, above.
6. The property meets the minimum requirements for annexation in accordance with state
law.
The property complies with all minimum requirements for annexation as set forth by the
Texas Local Government Code as stated in Chapter 43, Subchapter C-1, Annexation
Procedure for Areas Exempted from Municipal Annexation Plan.
The tentative schedule for this annexation is as follows:
• January 9, 2018 - City Council meeting setting the 1 s� and 2nd public hearing dates and
authorizing the publication of notice of the public hearings - Complete
• February 6, 2018 — lst Public Hearing - Complete
• February 13, 2018 — 2nd Public Hearing
• March 6, 2018 — First Reading of the Annexation Ordinance
• March 7, 2018 — Publication of the Annexation Ordinance in the newspaper
• April 10, 2018 - Second Reading and Adoption of the Annexation Ordinance
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
On October 17, 2017, the City Council approved a request to rezone the adjacent northern parcel
from NRMU to CM-G.
On January 9, 2018, the City Council adopted an ordinance setting the 1 s� and 2nd public hearing
dates and authorizing the publication of notice of the public hearings.
On February 6, 2018, the first of two public hearings was held for this site.
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: Economic Development
Related Goal: 3.4 Encourage development, redevelopment, recruitment, and
retention
EXHIBITS
1. Agenda Information Sheet
2. Site Location Map
3. Zoning Map
4. Staff Presentation
5. Draft Ordinance
Respectfully submitted:
Scott McDonald
Director of Development Services
Prepared by:
Cindy Jackson, AICP
Senior Planner
A17-0006
Site Location
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Zoning Map
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S:\Legal\Our pocuments\Ordinances\18\A17-0006 Annexation Ord.docx
ORDINANCE NO.
AN ORDINANCE OF TH� CITY OF DENTON, TEXAS, VOLUNTARILY ANNEXING
APPROXIMATELY 0.30 ACR�S OF LAND, GENERALLY LOCATED ON TH� EAST SIDE
OF OLD ALTON ROAD, SOUTH OF THE INTERSECTION OF OLD ALTON ROAD AND
TEASLF_,Y LANE IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, MORE
SPECIFICALLY DESCRIBED IN EXHIBIT "A" AND ILLUSTRATED IN EXHIBIT "B",
PIZOVIDING FOR A CORRECTION TO THE CITY MAP TO INCLUDE THE ANNEXED
LANDS; PROVIDING FOR A SAVINGS CLAUSE AND AN EFFECTIVE DATE. (A17-0006)
WHEREAS, pursuant to Section 43.061, Subchapter C-1, Texas Local Government Code,
a home rule city is authorized to annex cer�ain areas that are not required to be in an annexation
plan; and
WHEREAS, The applicant, Yolanda Vela Vorel, on behalf of the property owner, FBA
Properties, submitted a petition for annexation to annex a tract of land situated in the A. Cannon
Survey, Abstract Nuinber 470, in Denton County, Texas and more particularly described in
Exhibit "A" attached hereto and incorporated herein (collectively, the "Property"); and
WHEREAS, on February 21, 2017, the City Council adopted Ordinance 2017-071 to
provide for Peripheiy Development Annexation Criteria in order to define and clarify when a
property in the City's Extra-territorial Jurisdiction (ETJ) should be considered for annexation
through enumerated criteria; and
WHEREAS, The property owner consents to the annexation and the Property qualiiies
under these criteria as it will required connection to City public services and the Property is located
within the City's CCN boundary for water, wastewater, and electric service; and
WHEREAS, two public hearings were held with the City Council on February 6, 2018 and
February 13, 2018 which were noticed in accordance with Section 43.063 of the Texas Local
Government Code; and
WHEREAS, the City has prepared a service plan for the area to be annexed in accordance
with Tex. Loc. Gov't Code Section 43.056 providing full municipal services to such area; and
WHEREAS, annexation proceedings were instituted for the property described herein and the
first reading of the ordinance was conducted at the City Council meeting on March 6, 2018; and
WHEREAS, this ordinance has been published in full one tiine in the off'icial newspaper of
the City of Denton after annexation proceedings were instituted and thirty days prior to City Council
taking final action, as required by the City Charter; and
WHEREAS, the Denton City Council hereby deems it to be in the best interests of the ci%izens
of the City of Denton to pursue annexation of the Properties and to set public hearings in this matter
for this purpose; NOW THEREFORE,
THE COUNCIL OF TH� CITY OF DENTON HEREBY ORDAINS:
SF,CTION L The land described and depicted in Exhibit "A" and Exhibit "B", attached
hereto and incorporated herein by reference, is amlexed into the City of Denton, Texas.
SECTION 2. A service plan prepared in accordance with applicable provisions of state law
pertaiiung to anne�ation is attached hereto as �xhibit "C" and made a part hereof for all intents and
purposes.
SECTION 3. The newly annexed property shall be included within the corporate limits of the
City of Denton, Texas, thereby extending the City's coiporate limits and granting to all inhabitants of
the newly annexed property all of the rights and privileges of other citizens and bingii�g the inhabitai7ts
to all of the ordinat�ces, resolutions, acts, and regulations of the City. A copy of this Ordinance shall
be filed in the real properry records of the Denton County Clerk and within the Denton County
Appraisal District.
SECTION 4. The City Manager is hereby authorized and directed to i�nmediately correct the
map of the City of Denton by adding thereto the additional territory annexed by this Orc�inance,
indicating on the map the date of annexation and the number of this Ordinance, and the ETJ resulting
from such boundary extensions.
SECTION 5. Should any paragraph, section, sentence, phrase, clause or word of this
Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance
shall be affected thereby.
SECTION 6. This ordinance shall be effective immediately upon its passage.
PASSED AND APPROVED this the day of , 2018.
CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
I�
APPROVED AS TO LEGAL I'ORM:
AARON LEAL, CITY ATTORNEY
BY: �
Exhibit A
0.30 ACRES
Being ali that certain lot, tract, or parcei of land lying and being situated in Denton County, Texes, and being the portion lying outside the
approximate City Limits of Lot 1, Block A, Denton Creek Business Park, Phase f, according the Piat recorded in Cabinet X, Page 484,
Plat Records, Denton County, Texas and being more fuliy described by metes and bounds as foilows;
COMMENGING at a capped iron rod found for the Northeast corner of said Lot 1 of said Block A and the Northwest corner of a tract of
land described in a deed to Uitimate Properties, Inc., recorded in instrument Number 2013-103853, Real Property Records, Denton
County, Texas;
THENCE South 00 Degrees 03 Minutes 53 Seconds East with the common line of said Lot 1, and said Uitimate Properties tract, 152.26
feet to the POINT OF BEGINNING;
THE(VCE South 00 Degrees 03 Minutes 53 Seconds East with the West line of said Ultimate Properties, Inc. tract, 47.74 feet to a point,
being the Northeast corner of l.ot 6 of said Block A, the Southeast corner of said Lot 1, and the Southeast corner of the herein described
tract;
THENCE South 89 Degrees 56 Minutes 07 Seconds West with the Nofth line of said Lot 6 and the North line of �ot 2 of said Biock A,
247.29 feet to a point in the East fine of Old Aiton Road, being the Southwest corner of said Lot 1, the Northwest corner of said Lot 2,
and the Southwest corner of the herein described tract, and being the beginning of a curve to the left whose long chord bears North 35
Degrees 52 Minufes 35 Seconds East, 90.23 feet;
THENCE continuing along said curve with the East line of Oid Aiton Ftoad, whose radius is 436.50 feet with an arc length of 90.39 feet to
a point in the West line of said l.ot 1, being the Northwest corner of the herein d�scribed iract, and being the beginning of a curve to the
left whose long chord bears South 82 Degrees 38 Minutes 33 Seconds East, 195.97 feet;
THENCE along said curve whose radius is 1342.65 feet with an arc length of 196.15 feet to the PL.ACE OF BEGINNING containing 0.30
acres of land more or less.
PAGE 1 OF 2
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SURVEYING
TX FIRM REGISTRATION # 10002100
1720 WESTMINSTER
DENTON, TX 76205
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' JOB NUMBER: 070045-05
DRAWN BY: MBGMMF
DATE: 10-27-2017
R.P.L.S.
KENNE7H A. ZOLLINGER
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C1 1342.65' 196.15' 195.97' S 82°38'33" E 8°22'13"
C2 436.50' 90.39' 90.23' N 35°52'35" E 11 °51'S4"
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PAGE 2 OF 2
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TX FIRM REC'iISTR,4T10N # 10002100
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1720 WESTMINSTER
DENTON, TX 76205
(940)382-3446
JOB NUMBER: 070045-05
DRAWN BY: MMF/MBC
DATE: 10-27-2017
R.P.L.S.
KENNETH A. ZOLLINGER
Exhibit C
CITY OF DENTON SERVICE PLAN
A17-0006 FBA Properties Annexation
I. AREA ANNEXED
The area to be anneXed is one tract of land, speci�cally land located on the east side of Old Alton
Road, south of the intersection of Old Alton Road and Teasley lane. This site is depicted in the
attached location map along with a general description of the area.
IL INTRODUCTION
This service plar� has been prepared in accordance with the Texas Local Govertiment Code,
Sections 43.021; 43.065; and 43.056(b)-(o) (Vernon 2008, as amended). Municipal facilities and
services to the annexed areas described above will be provided or made available on behalf of the
City of Denton in accordance with the following plan. The City of Denton shall provide the
annexed tract the levels of service, infi�astructure, and infrastructure maintenance that are
comparable to the levels of service, infi•astructure, and infrastructure maii�tenance available in
other pai�ts of the City of Denton with similar topography, land use, and population density.
III. AD VALOREM (PROPERTY OWNER) TAX S�RVICES
A. Police Protection
Police protection from the City of Denton�Police Depart►nent shall be provided to
the area ant�exed at a level consistent with curt•ent methods and procedures
presently pt•ovided to similar areas on the effective date of the ordinance. Some of
these services it�clude:
l. Normal patrols and responses;
2. Handling of complaints and incident repot•ts;
3. Special units, such as traffic enforcement, investigations and special
weapons; and
4. Coordination with other public safety support agencies.
As development commences in these areas, sufficient police protection, including
personnel and equipment will be provided to furnish these areas wiCh the level of
police services consistent wiCh �he charactei•istics of topography, land utilization
and population density of the areas.
Upon ultimate development, police protection will be provided at a level consistent
witll other similarly situated areas within the city limits.
B. Fire Protection
The Denton Fire Department (DFD) will provide emergency and fire prevention
services to the annexation area. These services include:
1. Fire suppression and rescue;
2. Pre-hospital medical services including triage, treaCmenti and tr•ailsport by
Advailced Life Suppot•t (ALS) �re engines, trucks and ambulances;
3. Hazardous materials response and initigation;
4. Emergency prevention and public education efforts;
5. Technical rescue response; and
6. Construction Plan Review and ►•equired inspections.
Fire protection froin the City of Denton shall be provided to the areas annexed at a
level consistent with curreni methods and procedures preseiltly provided to similar
areas of the CiCy of Denton on the effective date of the ordinance.
As development commences in these areas, sufficient fire protection, including
personnel and equipment will be provided to furnish these areas with the level of
services consistent with the characteristics of topography, land utilization and
population density of the areas. It is anticipated that fire stations planned to serve
areas currently within the City of Denton will be sufficient to serve areas now being
considered for annexation.
Upon ultimate development, fire protection will be provided at a level consistent
with other si�nilarly situated areas within Che city liinits.
C. Emer�ency Medical Service
The Denton Fire Department (DFD) will provide the following emergency and
safety services to the annexation area. Tllese services include:
1. Emergency medical dispatch and pre-arrival First Aid instructions;
2. Pre-hospital emergency Advanced Life Support (ALS) response; and
transport;
3. Medical rescue services.
Emergeticy Medical Services (EMS) from the City of Denton shall be provided to
the areas anneXed at a level consistent with current methods and procedures
presentiy provided to similar areas of the City of Denton on the effective date of
the ordinance.
As development commences in these areas, sufficiei�t EMS, including peisonilel
and equipment will be provided to furnish these areas with the level of serviees
consistent with �he characteristies of topography, land utilization and population
density of the areas.
Upon ultimate development, EMS will be provided at a level consistent with other
similarly situated areas within the city limits.
0
D. Solid Waste
Solid Waste and Recycling Collection Services will be available to the newly
annexed proper•ty immediately upotl the effective date of the annexation at a level
consistent with current methods and procedures presently provided to similar areas
within the city. Private solid waste collection service providers operating in the
affec�ed area immediately prior to annexation and currently pi°oviding customet•s
with service, may continue to provide their existing service for up to 2 years it1
accordance with Texas Local Government Code.
E. Wastewater Facilities
T'he proposed annexation area is located within the City of Denton Sewer Service
Area as de�ned by Certificate of Convenience and Necessity (CCN) Number 20072
as issued by the Texas Commission on Environmental Quality (TCEQ).
As development commences in these areas, sanitary sewer mai�ls will be extended
in accordance with the provisions of the City's codes, ordinances and regl�lations.
City participation it1 the costs of these extensions shall be in accordance with
applicable City ordinances and regulations. Capacity shall be provided consistent
with t11e characteristics of topography, land utilization, and population density of
the areas.
Sanitary sewer mains and lift stations installed or improved to City standards within
the annexed areas which are located within dedicated easeinent, righ�s-of-way, or
any other acceptable location approved by the City Engineer, shall be maintained
by the City on the effective date of this ordinance.
Operation and maintenance of wastewater facilities in the annexed areas that are
within the service area of another water utility will be the responsibility of that
utility. Operation and maintenance of private wastewater facilities in the annexed
area will be the responsibility of the owner.
F. Water Facilities
The annexation area is located within t11e City of Denton Water Service Area as
defined by Certificate of Convenience and Necessity (CCN) Number 10195 as
issued by the Texas Commission on Environmental Quality (TCEQ).
Connections to existing City of Denton water distribution mains for water service
will be provided in accordance with existiilg City ot-dinances and policies. Upon
connection to existing distribution maills, water service wiil be provided at rates
established by city ordinance.
As new development occurs within these areas, water distribution mains will be
exCended in accordance with Denton's Codes, ordinances and utiliCy service
policies. City participatio�l in the costs of these extensions shall be in accordance
�
with Denton's codcs and ordinances. Water service capacity shall be provided
consistent with the characteristics of topography, land use and population density
of the area.
Operation and maintenance of water facilities in the annexed area Chat are within
the service area of another watei• utility will be the responsibiliCy of that utility.
Existing developments, businesses or homes that are on individual water wells or
private water systems will be allowed to continue to remain on these systerns until
a request for water service is made to tlle City. These requests for service will be
llandled in accordance with the applicable utility service line extension and
connection policies currently in place at the tiine the request for service is received.
G. Roads and Streets
Emergency street maintenance shall be provided wiChin the annexatiop area on the
effective date of the applicable ordinance of acceptance. Routine maintenance will
be provided within the anneaation areas and will be scheduled as part of the City's
annual program and in accordance with the current policies and procedures de�ned
by the ordinance and/or as established by the City Council.
Any cons�ruction or reconstruction will be considered withii� the annexation area
on a City wide basis and within the conteXt of the City's CIP and/or yearly fiscal
budgetary allotments by the City Council.
Roadway signage and associated posts will be replaced in priority of importance
starting with regulatory signs, then warning signs, then infoi-mational signs and in
conformance with fiscal allotmeilts by the City Council. If a sign remains, it will
be reviewed aild placed on the City's inventory listing for routine replacement. All
exiting signs will be reviewed for applicability and based upon an engineering
study. New signs will be installed when necessary and based upon an engineering
study.
Routine maintenance of road/street markings will be placed on a priority listing and
scheduled within the yearly budgetary allotments by the City Council.
H. Parks, Play�rounds, Swimmin� Pools
N/A, this is a commercial property.
I. Publiclv Owned Facilities
Any publicly owned facility, buildin�, or service located within the annexed area,
and not otherwise owned or main�ained by a»other governmental eiztity, shall be
maintained by the City of Denton on the effective date of the annexation ordinance.
J. Other Services
Other services that may be provided by the City of Denton, such as municipal and
general administration will be made available on the effective date of the
annexation. The City of Denton shall provide level of services, infrastructure, and
n
infrastructure maintenance that is comparable to the level of services,
infrastrucCure, and infrastructure 11�aintenance available in other parts of the City of
Denton with topogt-aphy, land use, atzd population density similai• to those
reasonably con�emplated or projected in ihe area.
IV. UNIFORM LEVEL OF SERVICES IS NOT REQUIRED
Nothing il� this plail shall rec�uire the City of Denton to provide a uniform level of full municipal
services to each area of the City, including the annexed area, if different characteristics of
topography, land use, and population density are considered a suffcient basis for providing
different levels of service.
V. TERM
This seivice plan shall be valid for a term of ten (10) years. Renewal of the service plan shall be
at the discretion of City Council.
VI. AMENDMENTS
The service plan may be amended if the City Council determines at a public hearing that changed
conditions or subsequent occurrences make this service plan unworkable or obsolete. The City
Council may amend the service plan to conform to the changed conditions or subsequent
occurrences pursuant to Texas Local Government Code, Section 43.056.
Location Map
A17-0006
Site Locafion
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0.30 ACRES
Being ail that certain lot, tract, or parcel of land lying and being situated in Denton County, Texas, and being the portion lying outside the
approximate City Limits of Lot 1, Block A, Denton Creek Business Park, Phase i, according the Plat recorded in Cabinet X, Page 484,
Plat Records, Denton Couniy, Texas and being more (uliy described by metes and bounds as foilows;
COMMENCING at a capped iron rod found for the Northeast corner of said Lot 1 of said Biock A and the Northwest corner of a tract of
land described in a deed to Uitimate Properties, Inc., recorded in Instrument Number 2013-103853, Real Property Records, Denton
County, Texas;
THENCE South 00 Degrees 03 Minutes 53 Seconds East with the common line of said Lot 1, and said Ultimate Properties tract, 152.26
feet to the POINT OF BEGINNING;
THENCE South 00 Degrees 03 Minutes 53 Seconds East with the West line of said Ultimate Properties, Inc. tract, 47.74 feet to a point,
being the Northeast corner of Lot 6 of said Biock A, the Southeast corner of said lot 1, and the Southeast corner of 1he herein described
tract;
THENCE South 89 Degrees 56 Minutes 07 Seconds West with the North line of said Lot 6 and the North line of Lot 2 of said Biock A,
247,29 feet to a point in the East li�e of Oid Alton Road, being the Southwest corner of said Lot 1, the Northwest comer of said Lat 2,
and the Southwest corner of the herein described tract, and being the beginning of a curve to the left whose long chord bears North 35
Degreas 52 A4inutes 35 Seconds East, 90.23 iset;
THENCE continui�g along said curve with the East line of Old Aiton Road, whose radius is 436.50 feet with an arc length of 90.39 feet to
a point in the West iine of said Lot 1, being the Northwest corner of the herein described tract, and being the beginning of a curve to the
left whose long chord bears South 82 Degrees 38 Minutes 33 Seconds East, 195.97 feet;
THENCE along said curve whose radius is 1342.65 feet with an arc Iength of 196.15 feei to the PLACE OF BEGINNING containing 0.30
acres of land more or less.
PAGE 1 OF 2