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2018-08-07 Agenda with Backup
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"#$% &*)) $+!,+)$-.,#+#3 !?>!9;@A #$%& '!(%!)*+*,-") !1! City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1198,Version:1 AGENDA CAPTION Receive a report, hold a discussion, and give staff direction regarding potential revisions to the Code of Ordinances and the Denton Handbook for Boards, Commissions and Council Committees making all ad hoc committees and citizen task forces subject to the procedural requirements of the Texas Open Meetings Act. City of DentonPage 1 of 1Printed on 8/3/2018 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: DCM: Bryan Langley DATE: August 7, 2018 SUBJECT Receive a report, hold a discussion, and give staff direction regarding potential revisions to the Denton Code of Ordinances and the Denton Handbook for Boards, Commissions and Council Committees to clarify whether all ad hoc boards and citizen task forces are subject to the procedural requirements of the Texas Open Meetings Act (TOMA). BACKGROUND The City Council requested clarification on TOMA requirements for ad hoc committees and citizen task forces. Staff has researched this matter and confirmed that, per state statute, Council appointed committees which are purely advisory in nature are not required to adhere to TOMA as a general rule, . Governing bodies, including those at the municipal level, have the authority to require advisory committees to adhere to TOMA if they deem necessary. In the past, staff has understood that it was the City Co all ad hoc committees and citizen task forces in an effort to promote transparency. The purpose of this work session is to seek direction from the City Council on the need to formally apply the procedural requirements of TOMA to all citizen boards, commissions, task forces and ad hoc committees. Should the City Council decide to formally make all citizen boards, commissions, committees, task forces and ad hoc boards subject to the procedural requirements of TOMA, an amendment to the Code of Ordinances and a resolution amending the Handbook for Boards, Commissions, and Council Committees would be necessary. A Code of Ordinances amendment would state that the procedural requirements of TOMA apply to all citizen boards, commissions, and committees and to clarify that the penalty provisions of TOMA only apply to citizen boards and commissions with rule making or quasi-judicial power. The Code of Ordinances amendment would also clarify that all citizen boards, commissions, committees, task forces, as well as ad hoc boards, commissions, and committees are required to comply with the operational procedures set forth in the Denton Handbook for Boards, Commissions, and Committees and the records . The handbook revision would clearly state that the provisions outlined in the handbook apply to all appointed citizen boards, commissions, committees, and tasks forces, as well as ad hoc boards, commissions, and committees, unless otherwise stated. Exceptions for ad hoc boards and citizen task forces would include provisions such as service limitations and training requirements, these exceptions would be clearly noted in the Membership Information section of the handbook. Staff has identified three potential options and is requesting direction from the City Council on how to proceed: Option 1: No action. Option 2: Apply the procedural requirements of the Open Meetings Act to all citizen boards, commissions, and committees as well as task forces and ad hoc boards, commissions, and committees. o Achieved through a Code of Ordinances amendment and a resolution amending the handbook. Option 3: Apply the procedural requirements of the Open Meetings Act to specific citizen boards, commissions, and committees as well as task forces and ad hoc boards, commissions, and committees o Achieved by specifying which citizen boards and ad hoc committees the Open Meeting Act applies to through a Code of Ordinances amendment and a resolution amending the handbook. STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Organizational Excellence EXHIBITS Exhibit 1-Agenda Information Sheet Exhibit 2-Draft Code of Ordinances Amendment Exhibit 3-Draft Handbook Amendment Resolution Exhibit 3a-Draft Handbook Revision Redline Exhibit 4-Presentation Respectfully submitted: Bryan Langley Deputy City Manager Prepared by: Rachel Wood Assistant to the City Manager ORDINANCE NO. _________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE CODE OF ORDINANCES, RELATED TO CHAPTER 2,ADMINISTRATION,ARTICLE II,ADMINISTRATIVE -29(h)TITLED DS AND COMMISSIONS,PROVIDING FOR FINDINGS OF FACT;PROVIDING SEVERABILITY; PROVIDINGCODIFICATION; CONFIRMING PROPER NOTICE AND MEETING; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council of the City of Dentonhave expressed a concern about whether the Texas Open Meetings Act applies to citizen boards, commissions and committees as well as citizen task forces and ad hoc boards, commissions and committeesand desire to address the concern; and WHEREAS, the City Councildesires to facilitate citizen access and enhancetransparency regarding the business of the city government; and WHEREAS, the City Council deem it to be in the best interest of the City of Denton to apply the procedural Texas Open Meetings Act requirements to all citizen boards, commissions and committees as well as citizen task forces and ad hoc boards, commissions and committees; and WHEREAS, the City Council finds the attached amendment reasonable,necessary,and compliant with the intent of the City Council in drafting theAdministration Chapter;NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1.FINDINGS OF FACT. The foregoing recitals are incorporated into this Ordinance by reference as findings of fact as if expressly set forth herein. SECTION 2.AMENDMENT. That the Code of Ordinances, Denton, Texas, is hereby amended by revisingChapter 2 Article II, Section 2-29(h), which said sectionreads as provided in Attachment A,attachedhereto and incorporated into this Ordinance for all intents and purposes. SECTION 3.REPEALER. To the extent reasonably possible, Ordinances are to be read together in harmony. However, all Ordinances, or parts thereof, that are in conflict or inconsistent with any provision of this Ordinance, and the provisions of this Ordinance shall be and remain controlling as to the matters regulated, herein. SECTION 4.SEVERABILITY. Should any of the clauses, sentences, paragraphs, sections,or parts of this Ordinance be deemed invalid, unconstitutional, or unenforceable by a court of law or administrative agency with jurisdiction over the matter, such action shall not be construed to affect any other valid portion of this Ordinance. SECTION 5.CODIFICATION. The City Secretary is hereby directed to record and publish the attached rule, regulation,and policy Section 52.001 of the Texas Local Government Code. SECTION 6.EFFECTIVE DATE. This ordinance shall become effective immediately upon its passage and approval. SECTION 7.PROPER NOTICE & MEETING. It is hereby officially found and determined that the meeting at which thisOrdinance was passed was open to the public, and that public notice of the time, place,and purpose of said meeting was given as required by the Open Meetings Act, Texas Government Code, Chapter 551. Notice was also provided as required by Chapter 52 of the Texas Local Government Code. The motion to approve this ordinance was made by __________________________ and seconded by _________________________________, the ordinance was passed and approved by the following vote \[___ -___\]: AyeNayAbstainAbsent Chris Watts, Mayor:________________________ Gerard Hudspeth, District 1:________________________ Keely G. Briggs, District 2:__________________ ______ Don Duff, District 3:________________________ John Ryan, District 4:________________________ Deb Armintor, At Large Place 5:________________________ Paul Meltzer, At Large Place 6:________________________ PASSED AND APPROVED this the _________ day of ___________________, 2018. __________________________________ CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: __________________________________ APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: __________________________________ CITY OF DENTON CODE OF ORDINANCES CHAPTER 2: ADMINISTRATION ARTICLE II. ADMINISTRATIVE ORGANIZATION DIVISION 1.GENERAL Sec. 2-29.City council rules of procedure. (h) Creation of committees, boards and commissions. (1) Council committees:The council may, by resolution and as the need arises, authorize the appointment of council committees. Any committee so created shall cease to exist when abolished by resolution of the council. Council committees shall comply with the Texas Open MeetingsAct. (2) Citizen boards, commissions, and committees:The council may create other citizen committees, boards and commissions to assist in the conduct of the operation of the city government with such duties as the council may specify not inconsistent with the City Charter or Code. Creation of such committees, boards and commissions and memberships and selection of members shall be by council resolution if not otherwise specified by the City Charter or Code. Any committee, board, or commission so createdshall cease to exist when abolished by a resolution approved by the council. No committee so appointed shall have powers other than advisory to the council or to the city manager, except as otherwise specified by the Charter or Code. All citizen boards, commissions and committees shall comply with the procedural requirements of the Texas Open Meetings Act. includes citizen task forces and citizen ad hoc boards, commissions and committeesunless otherwise indicated herein. (3) Appointments: a.Individual city council members making nominations for members to citizen boards commissions and committeeswill consider interested persons on a citywide basis. b.The city council willmake an effort to be inclusive of all segments of the community in the board and commission appointment process. City council members willconsider ethnicity, gender, socio-economic levels, and other factors to ensure a diverse representation of Denton citizens. c. The city council will take into consideration an individual's qualifications, willingness to serve, and application information in selecting nominations for membership to each board and commission. d.In an effort to ensure maximum citizen participation, city council members will continue the general practice of nominating new citizens to replace board members who have served three (3) consecutive terms on the same board per the provisions of Denton Code of Ordinances, section 2-65. This provision does not apply to citizen task forces and citizen ad hoc committees. e.Each city council member will be responsible for making nominations for board and commission places assigned to him or her, which shall correspond to the city council member's place. Individual city council members will make nominations to the full city council for the governing body'sapproval or disapproval. (4) Rules of procedure: a.Citizen board, commission and committee members shall comply with the provisions of article II of chapter 2 of the Code of Ordinances. Each citizen board, commission and committee member shall be provided a copy of these rules of procedure and a copy of the City ofDenton Handbook for Boards, Commissions and Committees, which shall govern operational procedures of suchcitizenboards, commissions and committees. Citizen boards,commissionsand committeesshall comply with these rules as to the preparation of minutesof meetings, and such minutes shall be prepared in accordance with the policies and procedures of the city secretary. b.Citizen board, commission and committee members shall comply with theprocedural requirements of the they appear now or may be amended in the future. Notice ofall meetings shall be posted in compliance with the Texas Open Meetings Act and minutes and records will be maintaEach citizen board, commission and committee member shall be provided a copy of the Texas Open Meetings Act.Penalty provisions of the Texas Open Meetings Act shall only apply to citizen boards, commissions and committees with rule making or quasi-judicial power, as set forth in the Texas Open Meetings Act and as interpreted by Texas Courts. RESOLUTION NO. ____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AMENDING RESOLUTION NO. 2015-023 REGARDING THE DENTON HANDBOOK FOR BOARDS, COMMISSIONS AND COUNCIL COMMITTEES TO CLARIFY THAT CITIZEN BOARDS, COMMISSIONS, COMMITTEES, TASK FORCES AND AD HOC BOARDS, COMIMISSIONS AND COMMITTEES ARE ALL SUBJECT TO THE PROCEDURAL REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; CLARIFYING WHICH SECTIONS OF THE DENTON HANDBOOK FOR BOARDS, COMMISSIONS AND COUNCIL COMMITTEES ARE APPLICABLE TO CITIZEN BOARDS, COMMISISONS, COMMITTEES, TASK FORCES AND AD HOC COMMITTEES; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Denton Handbook for Boards, Commissions and Council Committees provides operational and procedural requirements for boards, commissions and committees; and WHEREAS, City Council has requested clarification regarding whether provisions such as the Texas Open Meetings Act, apply to citizen boards, commissions and committees, as well as citizen task forces and ad hoc boards, commissions and committees; and WHEREAS, City Council deems it in the best interest of the City of Denton to apply the procedural requirements of the Texas Open Meetings Act and other provisions within the Denton Handbook for Boards, Commissions and Council Committees to all citizen boards, commissions and committees, as well as citizen task forces and ad hoc boards, commissions and committees; and WHEREAS, the City Council finds the following resolution will provide clarification and further facilitate citizen access and enhance transparency regarding the business of the City government; and WHEREAS, the City Council finds the following resolution reasonable, necessary and compliant with the intent of the City Council in drafting the Denton Handbook for Boards, Commissions and Committees; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. That the Introduction Section as it appears on page 7 of Resolution 2015- 023 is hereby amended as follows: INTRODUCTION City Council committees! Boards and commissions are essential to the successful function of City government, and your contributions will help shape the future of Denton. You will be studying and recommending policy application on a variety policy as expressed in the City Charter, its Code of Ordinances, and through Council directives to individual circumstances and issues placed before the board. Should a policy or directive require clarification, the board should request such from the Council. The handbook is designed to assist you in your service. It consolidates provisions of the City Charter, Code of Ordinances, and other regulations into one place to assist you as a board member. It will provide a general introduction to topics and processes that directly affect members of boards. Discussion in the handbook applies to all City Council appointed citizen boards, commissions and committees, including citizen task forces, ad hoc boards, commissions and committees, and all City Council committees, unless stated otherwise. Throughout the document, to mean all City Council appointed citizen boards, commissions and committees, including citizen task forces, ad hoc boards, commissions and committees, as well as all City Council committees, unless stated otherwise. Keep in mind, not all the provisions will apply equally to every board. In cases of legal liability, for example, members of some boards may be more susceptible than members of other boards. The staff liaison assigned to your board will be able to provide you with more information on the specific duties and responsibilities of the particular board and its members. Additionally, due to the unique nature of citizen boards, commissions and committees, citizen task forces, and ad hoc boards, commissions and committees, a section providing additional guidance has been included under Membership Information in the handbook. While no one document could adequately cover all aspects of serving on a board, the handbook has been designed as a basic reference point from which a board member can build an extensive knowledge of his/her responsibilities to the citizenry of Denton. The handbook has been adopted by resolution of the City Council and will be updated from time to time. If any provision of the handbook is in conflict with any Code or Ordinance of the City, then such Code or Ordinance shall prevail. The City Secretary, City Attorney, and staff liaisons are available as resources to all boards. Any requests for assistance shall be coordinated through the staff liaison assigned to the board on which you serve. Thank you for your interest in serving your community. Your efforts will make Denton a better place to live and work. SECTION 2. That the Membership Information Section as it appears on page 14 of Resolution 2015-023 is hereby amended as follows: MEMBERSHIP INFORMATION Advisors, Subcommittees, and Ad Hoc Boards, Commissions, and Committees No City Board shall appoint persons outside its membership as advisors or to subcommittees, ad hoc boards, commissions, and committees or other accessory entities without prior approval of the City Council. The following provisions of the handbook are not applicable to Citizen Task Forces, Ad Hoc Boards, Commissions, and Committees: 1. Service Limitations 2. Oath of Office 3. Orientation and Training 4. Penalties and Remedies for TOMA violations 5. Article III SECTION 3. This resolution shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by __________________________ and seconded by _________________________________, the ordinance was passed and approved by the following vote \[___ - ___\]: Aye Nay Abstain Absent Chris Watts, Mayor: ______ ______ ______ ______ Gerard Hudspeth, District 1: ______ ______ ______ ______ Keely G. Briggs, District 2: ______ ______ ______ ______ Don Duff, District 3: ______ ______ ______ ______ John Ryan, District 4: ______ ______ ______ ______ Deb Armintor, At Large Place 5: ______ ______ ______ ______ Paul Meltzer, At Large Place 6: ______ ______ ______ ______ PASSED AND APPROVED this the _________ day of ___________________, 2018. _______________________________ CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: _________________________________ APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: _________________________________ INTRODUCTION committees! Boards and commissions are essential to the successful function of City government, and your contributions will help shape the future of Denton. You will be studying and of each board is to apply City policy as expressed in the City Charter, its Code of Ordinances, and through Council directives to individual circumstances and issues placed before the board. Should a policy or directive require clarification, the board should request such from the Council. The handbook is designed to assist you in your service. It consolidates provisions of the City Charter, Code of Ordinances, and other regulations into one place to assist you as a board member. It will provide a general introduction to topics and processes that directly affect members of boards. Discussion in the handbook applies to all City Council appointed citizen boards, and commissions and all City Council committees, including citizen task forces, ad hoc boards, commissions and committees, and all City Council committees, unless stated otherwise. Throughout the document, referenall City Council appointed citizen boards, commissions and committeescommittees, including citizen task forces, ad hoc boards, commissions and committees as, as well, as all City Council committees unless, unless stated otherwise stated. Keep in mind, not all the provisions will apply equally to every board. In cases of legal liability, for example, members of some boards may be more susceptible than members of other boards. The staff liaison assigned to your board will be able to provide you with more information on the specific duties and responsibilities of the particular board and its members. Additionally, due to the unique nature of citizen boards, commissions and committees, a section providing additional guidance has been included under Membership Information in the handbook. While no one document could adequately cover all aspects of serving on a board, the handbook has been designed as a basic reference point from which a board member can build an extensive knowledge of his/her responsibilities to the citizenry of Denton. The handbook has been adopted by resolution of the City Council and will be updated from time to time. If any provision of the handbook is in conflict with any Code or Ordinance of the City, then such Code or Ordinance shall prevail. The City Secretary, City Attorney, and staff liaisons are available as resources to all boards. Any requests for assistance shall be coordinated through the staff liaison assigned to the board on which you serve. Thank you for your interest in serving your community. Your efforts will make Denton a better place to live and work. MEMBERSHIP INFORMATION - GENERAL INFORMATION Advisors, Subcommittees, and Ad Hoc Committees No City board shall appoint persons outside its membership as advisors or to subcommittees, ad hoc boards, commissions, and committees or other accessory entities without prior approval of the City Council. The following provisions of the handbook are not applicable to Citizen Task Forces, Ad Hoc Boards, Commissions, and Committees: 1. Service Limitations 2. Oath of Office 3. Orientation and Training 4. Penalties and Remedies for TOMA violations City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1269,Version:1 AGENDA CAPTION Receive a report, hold a discussion and give staff direction regarding changes to the Downtown Reinvestment Grant Program’s funding source, policy, and procedures. City of DentonPage 1 of 1Printed on 8/3/2018 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Economic Development CM/ DCM/ ACM: Bryan Langley DATE: August 7, 2018 SUBJECT Receive a report, hold a discussion and give staff direction regarding changes to the Downtown Reinvestment Grant Program’s funding source, policy, and procedures. BACKGROUND The Downtown Reinvestment Grant Program was created in 2007. The purpose is to provide small ($5,000-$25,000) cash reimbursement grants for capital improvements to buildings in the downtown area. The grant program is designed to assist downtown building and business owners with projects, and it is tied to preserving the history of Denton by restoring the buildings. The grant gives the Downtown Task Force, Economic Development Partnership Board, and City Council some control over the design of rehabilitations and new construction, as there are no design standards in place for downtown. Further, the improvements can enhance the taxable value of the buildings, adding to the tax base. Finally, the Downtown Reinvestment Grant Program is the only incentive tool Denton has that is available for small businesses. The program is strictly for capital improvements, not operating costs. It is set up as a single-payment reimbursement to property owners per building/business, and in some situations, tenants. Reimbursement grants are available for the following types of projects: Facade Rehabilitation is defined as the removal of slipcovers or non-historic/added facades, repointing brick or replacing mortar joints, replacing or restoring cornices, removing paint from brick, replacing windows, restoring transom windows, roof and foundation work. New Awnings & Signs is defined as replacing, adding or repairing awnings & signs. Signs may include signboards, projecting signs and pedestrian signage (includes window sign, hanging sign and awning/canopy sign). Impact Fee Reimbursement is the reimbursement for City of Denton water, wastewater, and roadway impact fees Utility Upgrades includes upgrades to water, wastewater and electrical service, including interior upgrades as well as exterior service upgrades. Through FY 2017-2018, the grant is funded through General Fund via mixed beverage tax revenue. Grants of $10,000 or less are subject to review by the Downtown Task Force and approval by the City Manager; grants of more than $10,000 are reviewed by the Downtown Task Force and the Economic Development Partnership Board and approved by City Council. During the FY 2017-18 budget deliberations, Council directed that the grant program be funded via the Downtown Tax Increment Reinvestment Zone (TIRZ #1) fund beginning in FY 2018-19. In the grant application review process, a scoring matrix is used. At this time, all six categories are worth five points each, for a possible total score of 30. During the April 12, 2018, Downtown Task Force discussion of the grant, it was noted that smaller projects have difficulty scoring enough points to achieve the upper range of scoring. By changing the scoring to include a broader “Other” category, and doubling the points to 10, smaller projects could have a better final score, making them eligible for a larger grant. At the May 10, 2018 meeting, Task Force members suggested the following changes: Fund the grant through monies collected by the Downtown TIRZ #1, beginning in FY 2018-19 and in future years for the life of the TIRZ; Include asbestos and mold abatement and fire suppression systems in eligible expenses; Adjust the scoring system to treat smaller projects more equitably. PRIOR ACTION/REVIEW (Council, Boards, Commissions) December 5, 2017 – City Council discussed changing the funding source from General Fund (Alcohol Beverage tax) to the Downton Tax Reinvestment Zone #1 (TIRZ #1) fund April 12, 2018 – The Downtown Task Force met and discussed possible changes to the Downtown Reinvestment Grant (“the Grant”). May 10, 2018 –The Downtown Task Force met and recommend the following changes to the TIRZ # 1 Board (10-0): Fund the grant through monies collected by the Downtown TIRZ, beginning in FY 2018-19 and in future years for the life of the TIRZ; Add a category for “Interior/Code Improvements,” which would include asbestos and mold abatement and fire suppression systems; Remove the “Location” category, as, by state law, everything would have to be within the TIRZ to be eligible for grants; Adjust scoring system to treat smaller projects more equitably May 23, 2018 –The Downtown Tax Increment Reinvestment Zone Board (TIF #1) met and recommends to City Council to continue the grant program under the TIRZ fund and to approve the changes that were recommended by the Downtown Task Force, with the ability for the TIRZ Board to amend the grant guidelines in the future. The motion was approved unanimously (5-0). STRATEGIC PLAN RELATIONSHIP The City of Denton’s Strategic Plan is an action-oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Economic Development Related Goal: 3.4 Encourage development, redevelopment, recruitment, and retention EXHIBITS 1.Agenda Information Sheet 2.Presentation Respectfully submitted: Caroline Booth Director of Economic Development Prepared by: Julie Glover Economic Development Program Administrator City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1293,Version:1 AGENDA CAPTION Receiveareport,holdadiscussion,andgivestaffdirectionregardingtheFY2018-19CityManager’sProposed Budget, Capital Improvement Program, and Five-Year Financial Forecast. City of DentonPage 1 of 1Printed on 8/3/2018 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Finance DCM: Bryan Langley DATE: August 7, 2018 SUBJECT Receive a report, hold a discussion, and give staff direction regarding the FY 2018- Proposed Budget, Capital Improvement Program, and Five-Year Financial Forecast. BACKGROUND The FY 2018-Proposed Budget was submitted to the City Council on July 27, 2018. Staff provided the City Council with a comprehensive overview of the proposed budget at a Budget Work Session on August 2, 2018. The purpose of this agenda item is to provide the City Council an additional opportunity for questions and dialogue on the FY 2018- Improvement Program and Five-Year Financial Forecast. Below is the schedule for the adoption of the tax roll, tax rate and budget: st August 14, 2018 - 1 Public Hearing on Tax Rate nd September 11, 2018 - 2 Public Hearing on Tax Rate Public Hearing on Proposed Budget September 18, 2018 - City Council Tax Roll, Tax Rate and Budget Y 2018-19 Proposed Budget in detail with you. If you have any questions, or need additional information, please let me know. STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Organizational Excellence Related Goal: 1.1 Manage financial resources in a responsible manner EXHIBITS 1. Agenda Information Sheet Respectfully submitted: Antonio Puente, Jr., 349-7283 Director of Finance City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1296,Version:1 AGENDA CAPTION Receive a report, hold a discussion, and give staff direction on the composition of the City Hall West Steering Committee due to recent resignations, attendance, and quorum issues. City of DentonPage 1 of 1Printed on 8/3/2018 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Transportation CM/ DCM/ ACM: Mario Canizares DATE: August 7, 2018 SUBJECT Receive a report, hold a discussion, and give staff direction on the composition of the City Hall West Steering Committee due to recent resignations, attendance, and quorum issues. BACKGROUND On October 17, 2017, the City Council approved Resolution No. R2017-040 creating a City Hall West Steering Committee to review renovation and operations options for City Hall West (CHW). The Resolution states three Council Members will serve on the Committee and each Council Member may appoint three (3) residents to the Steering Committee for a total of 24 members. It further states that for Council Districts 1-4, each appointee must reside within the Council Member’s respective district. On November 7, 2017, the Denton City Council approved Resolution R2017-049 (Exhibit 2) to remove residency restrictions with respect to Committee members living in specific council districts. Additionally, Section 8 of R2017-049 was added establishing the Committee termination date of August 1, 2018. As part of a status report during the June 26, 2018, City Council Work Session, staff provided information regarding the work the Committee has completed to date. Staff indicated the Committee would need approximately 60-90 days to complete planning efforts and submit an official recommendation to City Council. Staff received direction to bring forward a resolution to extend the term of the Committee so the Committee may complete their work. On July 17, 2018, Council approved Resolution R2018-1105 extending the term of the Committee to October 31, 2018. The Committee has had a total of six meetings beginning in December 2017, with the most recent meeting held on July 30, 2018. Committee member attendance at each of the meetings has been positive, between 18 and 20 attending each meeting. At the July 30th meeting, 14 members were present which constituted a forum (13 required). Two members approached staff prior to the start of the 5:30 pm meeting indicating they had another obligation at 7 pm and would need to leave early. At approximately 6:45 pm, the second of the two members left resulting in a loss of quorum requiring the Committee to recess. One member returned briefly to establish a quorum allowing the Committee to reconvene and take action on the remaining agenda items. There have been three resignations from the CHW Steering Committee. Committee Member Peggy Riddle, resigned on March 22 due to moving out of Denton City Limits. On July 30, Paul Abbott, Committee Chairperson and Committee Member Courtney Cross both resigned stating conflicts with their schedules prevented further participation on the Committee. To avoid future issues with establishing or maintaining a quorum, City Council may wish to revise the Committee requirements to formally reduce the size of the Committee or Council may wish to fill the vacancies to reestablish the Committee. Either action would benefit the Committee in achieving and maintaining quorums to conduct business as required by the Texas Open Meetings Act. OPTIONS 1. Reduce the size of the Committee by three (current vacancies on the committee) to change the quorum requirement from 13 to 11. 2. Seek nominations and appoint three additional members to fill the current vacancies. ESTIMATED SCHEDULE OF PROJECT Staff expects a proposed business plan to be presented by Joanna St. Angelo at the next Committee meeting tentatively scheduled for August 27, 2018. The Committee has directed staff to coordinate an open house in September for the public to provide input on the project. Committee is targeting the meeting for week of September 3, 2018 or September 10, 2018. Final Committee recommendation to Council October 2018 PRIOR ACTION/REVIEW (Council, Boards, Commissions) August 15, 2017 - City Council Work Session review of initial rehabilitation concepts. November 7, 2017 - The CHW Steering Committee formally established by Resolution R2017-040. November 14, 2017 - Resolution R2017-049 amends Committee membership requirements and established August 1, 2018, as Committee’s end of term. June 26, 2018 – Council Work Session Project Update July 17, 2018 – Resolution 2018-1105 extending Committee term from August 1, 2018 to October 31, 2018. 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: 2.3 Promote superior utility services and City facilities EXHIBITS Exhibit 1- Agenda Information Sheet Exhibit 2 – Resolutions R2017-040 and 2017-049 Exhibit 3 – Resolution R2018-1105 Exhibit 4 – CHW Steering Committee Presentation Respectfully submitted: Mark Nelson Director of Transportation City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1200,Version:1 AGENDA CAPTION DeliberateregardingRealProperty-UnderTexasGovernmentCode551.072;ConsultationwithAttorneys- Under Texas Government Code Section 551.071 Discuss,deliberate,andreceiveinformationfromstaffandprovidestaffwithdirectionpertainingtothe potentialpurchaseofcertainrealpropertyinterestsoutoftheB.B.B.&C.R.R.CompanySurvey,AbstractNo. 192andtheE.PuchalskiSurvey,AbstractNo.996,DentonCounty,Texas,andbeinggenerallylocatedwithin the300through600blockrangeofNorthBonnieBraeStreet,includinga0.8123acretractgenerallylocatedin the2300blockofScriptureStreet,Denton,Texas.ConsultationwiththeCity’sattorneysregardinglegalissues associatedwiththepotentialacquisitionorcondemnationoftherealpropertyinterestsdescribedabovewherea publicdiscussionoftheselegalmatterswouldconflictwiththedutyoftheCity’sattorneystotheCityof DentonandtheDentonCityCouncilundertheTexasDisciplinaryRulesofProfessionalConductoftheState BarofTexas,orwouldjeopardizetheCity’slegalpositioninanyadministrativeproceedingorpotential litigation. (Bonnie Brae Street - Phase 4/5) City of DentonPage 1 of 1Printed on 8/3/2018 powered by Legistar© City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1184,Version:1 AGENDA CAPTION Resolution of Appreciation for Police Chief Lee Howell. City of DentonPage 1 of 1Printed on 7/30/2018 powered by Legistar© City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1197,Version:1 AGENDA CAPTION Mayor's Summer Youth Jobs Program City of DentonPage 1 of 1Printed on 8/3/2018 powered by Legistar© City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1230,Version:1 AGENDA CAPTION Denton Farmers Market Week City of DentonPage 1 of 1Printed on 8/3/2018 powered by Legistar© City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1224,Version:1 AGENDA CAPTION Emily Fowler Library Staff Heroism Day City of DentonPage 1 of 1Printed on 8/3/2018 powered by Legistar© City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1268,Version:1 AGENDA CAPTION Layla Comeans regarding an update from Bridging Hope Ministries on homelessness. City of DentonPage 1 of 1Printed on 8/3/2018 powered by Legistar© City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1270,Version:1 AGENDA CAPTION Rhonda Love regarding homelessness. City of DentonPage 1 of 1Printed on 8/3/2018 powered by Legistar© City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1262,Version:1 AGENDA CAPTION Wayne Aleshire regarding transitional housing. City of DentonPage 1 of 1Printed on 8/3/2018 powered by Legistar© City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1254,Version:1 AGENDA CAPTION Jane Piper-Lunt regarding transitional housing. City of DentonPage 1 of 1Printed on 8/3/2018 powered by Legistar© City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1047,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,Texas,aTexashome-rulemunicipalcorporation, authorizingtheCityManagertoexecuteacontractwithJagoe-PublicCompanyforTruckingServicesforthe deliveryandremovalofconstructionmaterialsforvariousCityofDentondepartments;providingforthe expenditureoffundstherefor;andprovidinganeffectivedate(IFB6765-awardedtoJagoe-PublicCompany with a one (1) year not-to-exceed amount of $150,000). City of DentonPage 1 of 1Printed on 8/3/2018 powered by Legistar© City Hall City of Denton 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Materials Management CM: Todd Hileman DATE: August 7, 2018 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with Jagoe-Public Company for Trucking Services for the delivery and removal of construction materials for various City of Denton departments; providing for the expenditure of funds therefor; and providing an effective date (IFB 6765- awarded to Jagoe-Public Company with a one (1) year not-to-exceed amount of $150,000). IFB INFORMATION /BACKGROUND This Invitation for Bid (IFB) is for trucking services as needed by the City of Denton. The contract is for a set hourly rate for 14-yard Tandem Dump Trucks, 15-yard Tri-Axle Dump Trucks, and 20-yard End Dump Trailers. This contract will be used to supplement City of Denton trucks that are at Fleet Maintenance for repairs or to increase the productivity of our fleet in the hauling of spoil materials, gravel, concrete, asphalt, and other materials as needed to complete the 2012/2014 Capital Improvement Program and on the Operation and Maintenance projects. Invitation for Bids were sent out to 281 prospective suppliers for this item. In addition, specifications were placed on the Materials Management website for prospective suppliers to download and advertised in the local newspaper. One (1) bid meeting specifications was received from Jagoe-Public Co. No bid was received for line item number 2. RECOMMENDATION Award a contract with Jagoe-Public Company for Trucking Services, in a (1) year in a total not-to-exceed amount of $150,000. PRINCIPAL PLACE OF BUSINESS Jagoe-Public Company Denton, TX ESTIMATED SCHEDULE OF PROJECT This is a one (1) year contract. FISCAL INFORMATION These services will be funded from the Operation & Maintenance Budget and the 2012/2014 CIP Bond Programs. Requisition # 139051 has been entered into the Purchasing software system in the amount of $28,057 for fiscal year 2017-2018. The total budgeted amount for this item is $150,000. STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Public Infrastructure Related Goal: 2.1 Optimize resources to improve quality of City Roadways EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Bid Tabulation Exhibit 3: Contract Exhibit 4: Ordinance Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Keith Gabbard or Robbin Webber at 940-349-7160 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1058,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,aTexashome-rulemunicipalcorporation,authorizing theCityManagertoexecuteacontractforthepurchaseofsoftwaremaintenanceforcontinuedvendortechnical supportandsoftwareupgradestoCartegraphOperationsManagementSystemforPublicWorksassetandwork ordersoftwaresystem,withCartegraphSystems,LLC,whichisthesoleproviderofthissoftware.In accordancewithTexasLocalGovernmentCode252.022,providesthatprocurementofcommoditiesand servicesthatareavailablefromonesourceareexemptfromcompetitivebidding;andifover$50,000shallbe awardedbythegoverningbody;andprovidinganeffectivedate(File5635awardedtoCartegraphSystems, LLC, in the three (3) year not-to-exceed amount of $249,848.64). City of DentonPage 1 of 1Printed on 8/3/2018 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Materials Management CM: Todd Hileman DATE: August 7, 2018 SUBJECT Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract for the purchase of software maintenance for continued vendor technical support and software upgrades to Cartegraph Operations Management System for Public Works asset and work order software system, with Cartegraph Systems, LLC, which is the sole provider of this software. In accordance with Texas Local Government Code 252.022, provides that procurement of commodities and services that are available from one source are exempt from competitive bidding; and if over $50,000 shall be awarded by the governing body; and providing an effective date (File 5635 awarded to Cartegraph Systems, LLC, in the three (3) year not-to-exceed amount of $249,848.64). FILE INFORMATION/BACKGROUND The City of Denton Streets, Traffic Operations, Wastewater Collections, Drainage and Watershed Protection Departments have been using the Cartegraph software since 2006. These departments use the Cartegraph system on a daily basis to manage assets and work orders for pavement (roads, sidewalks, parking lots, etc.), signage and traffic control devices as well as storm (impervious land), water assets including inspecting storm inlets, replace storm pipes, storm culverts, channels, and drainage ditch maintenance mowing. Cartegraph software helps staff capture data, analyze it, and prepare for the future. Using Cartegraph will help staff understand what infrastructure assets we have, assets condition, asset locations, and how much they are worth. Staff can prioritize which activities are needed to extend the life of an asset and spend dollars more efficiently. The software allows staff to track resources including people, materials, vehicles, and equipment. In addition, supervisors will be able to create and assign tasks to field workers and immediately see the progress and status of projects and work orders. The Operations Management System (OMS) iPad solution allows staff to work in the field and offers streamlined workflows enabling users to complete work more efficiently. OMS for iPad allows staff the ability to complete Inspections, enter notes, attach photos, and schedule necessary follow-up tasks on the spot. It is essential for the City of Denton to keep current maintenance with the software vendor in order to ensure availability of upgrades, software fixes, and access to knowledge and support resources. The Technology Services department could not identify any local vendors that could provide software maintenance for this application. Therefore, procuring this maintenance from the above vendor is the best value for the City of Denton Cartegraph OMS Year 1 Year 2 Year 3 7/13/18 -7/18/19 7/19/19 7/18/20 7/19/20 7/18/21 $45,900.00 $58,590.00 $58,590.00 Maintenance/Support $12,690.00 Transition Fee Total ($175,770.00) $58,590.00 $58,590.00 $58,590.00 $11,338.30 $11,338.30 Advanced User Tools $17,007.45 $17,007.45 Advance Work Ext (Phase 1 & 2) $8,693.57 $8,693.57 10 % Contingency Grand Total ($249,848.64) $58,590.00 $95,629.32 $95,629.32 Cartegraph Systems, LLC, is the sole-source vendor for the continued upgrade, support, and maintenance for Cartegraph software. Section 252.022 of the Local Government Code provides that procurement of sole source commodities and services are exempt from competitive bidding, if over $50,000, shall be awarded by the governing body. RECOMMENDATION Award a contract with Cartegraph Systems, LLC, as a sole source supplier, for software maintenance and upgrade to OMS, in a three (3) year not-to-exceed amount of $249,848.64. PRINCIPAL PLACE OF BUSINESS Cartegraph Systems, LLC, Dubuque, IA ESTIMATED SCHEDULE OF PROJECT This is a three (3) year contract. FISCAL INFORMATION These services will be funded from Technology Services account 830300.6504. Requisition # 138846 has been entered into the Purchasing software system in the amount of $45,900. The budgeted amount for this item for Fiscal Year 17/18 is $47,250. STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Public Infrastructure Related Goal: 1.5 Utilize technology to enhance efficiency and productivity EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Sole Source Letter Exhibit 3: Quotes and Invoice Exhibit 4: Contract Exhibit 5: Ordinance Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Melissa Kraft at 940-349-7823. City of Denton, TX Quote: #Q1800028 Date: June 7, 2018 Cartegraph Systems LLC 3600 Digital Drive Dubuque, IA 52003 www.cartegraph.com 800 688.2656 563 556.8120 Fax 563 556.8149 City of Denton, TX | June 7, 2018 Software Quote Cartegraph is pleased to present this Quote for the implementation of world class technology solutions in your organization. This Quote is made and entered into between City of Denton Licensee, and Cartegraph Systems LLC, 3600 Digital Drive, Dubuque, Iowa Cartegraph Customer address: Licensee address: City of Denton Same 901 Texas Street Denton, TX 76209 Scope of Project access to and use of the Cartegraph Solutions, Customer will receive: 1. Support Services a. Campus www.cartegraph.com/campus Our User Assistance area is a convenient and easily-shareable resource designed to help you and your co-workers better understand the functions and capabilities of your Cartegraph Solutions. Instantly access user tips, step-by-step guides, videos, and more. Dedicated, Unlimited, Toll-free Phone Support - 877.647.3050 b. When questions need answers and difficulties arise, count on our industry-leading Support team to 7:00 am- provide the guidance and assistance you need. Reach us as often as you need Monday-Friday, 7:00 pm CT. Secure, Live Remote Support c. If your challenge requires a more hands-on approach, we have the remote support tools to fix it. Let one of our Support Team members directly interact with your system to find a fast, effective solution. 2. Training & Education Services a. Convenient Online Resources All the information you need, one click away. Take advantage of online training opportunities, tutorial videos, upcoming event information, and more. b. Customer Led User Groups Meet and network with similar Cartegraph users in your region. Customer led User Groups allow you to find out what other organizations are doing to get more from their Cartegraph solutions and services. 3. Releases & Upgrades a. New Releases Be the first to know about all new Cartegraph releases, enhancements, and upgrades. i. Your cloud-hosted site will be automatically upgraded by our System Consultants after the timely access to the latest features and functionality. ii. For your on- increased system performance while gaining prompt access to the latest features and functionality b. Hot Fixes Page 2 of 4 City of Denton, TX | June 7, 2018 If an issue is determined to be a defect and falls outside the standard release cycle, Cartegraph will issue a hot fix and provide application specialists with detailed levels of product knowledge to work with you in achieving a timely and effective resolution Cartegraph will provide the Support Services only to Customer, provided that Cartegraph reserves the right to contact any third party as necessary to facilitate the delivery of Support Services or other services relating to the Solutions. Said support applies only to the most current version of the product and the previous version in succession. All Support Services are dependent upon the use by Customer of the Solutions in accordanc documentation and specifications. Cartegraph is under no obligation to modify the Solutions so that the modified Page 3 of 4 City of Denton, TX | June 7, 2018 Investment Summary Cartegraph fees for this project are included in the summary below. Date: June 7, 2018 Quote Expiration Date: December 31, 2018 Quote No.: #Q1800028 Purchase Type Qty. Unit Price Total Price YEAR 1 SOLUTIONS Cartegraph OMS Advanced User Tools Subscription, 1 $11,338.30 $11,338.30 Extension 7/19/19 7/18/20 Y EAR 1 S UB-T OTAL $11,338.30 YEAR 2 SOLUTIONS Cartegraph OMS Advanced User Tools Subscription, 1 $11,338.30 $11,338.30 Extension 7/19/20 7/18/21 Y EAR 2 S UB-T OTAL $11,338.30 T OTAL C OST (3-Y EAR T ERM) $22,676.60 NOTES: The pricing listed above does not include applicable sales tax. The Cartegraph OMS pricing listed above does not include Esri ArcGIS licenses. Not-to-Exceed Quote Cartegraph will not exceed the total included in this Quote without written approval from Customer. In the event it becomes apparent to Cartegraph that additional service efforts will be needed due to any changes in the scope of this Quote, Cartegraph will notify Customer prior to exceeding the approved efforts and obtain written approval if additional software or services are required. Page 4 of 4 City of Denton, TX Quote: #Q1800029 Date: June 7, 2018 Cartegraph Systems LLC 3600 Digital Drive Dubuque, IA 52003 www.cartegraph.com 800 688.2656 563 556.8120 Fax 563 556.8149 City of Denton, TX | June 7, 2018 Software Quote Cartegraph is pleased to present this Quote for the implementation of world class technology solutions in your organization. This Quote is made and entered into between City of Denton Licensee, and Cartegraph Systems LLC, 3600 Digital Drive, Dubuque, Iowa Cartegraph Customer address: Licensee address: City of Denton Same 901 Texas Street Denton, TX 76209 Scope of Project access to and use of the Cartegraph Solutions, Customer will receive: 1. Support Services a. Campus www.cartegraph.com/campus Our User Assistance area is a convenient and easily-shareable resource designed to help you and your co-workers better understand the functions and capabilities of your Cartegraph Solutions. Instantly access user tips, step-by-step guides, videos, and more. Dedicated, Unlimited, Toll-free Phone Support - 877.647.3050 b. When questions need answers and difficulties arise, count on our industry-leading Support team to 7:00 am- provide the guidance and assistance you need. Reach us as often as you need Monday-Friday, 7:00 pm CT. Secure, Live Remote Support c. If your challenge requires a more hands-on approach, we have the remote support tools to fix it. Let one of our Support Team members directly interact with your system to find a fast, effective solution. 2. Training & Education Services a. Convenient Online Resources All the information you need, one click away. Take advantage of online training opportunities, tutorial videos, upcoming event information, and more. b. Customer Led User Groups Meet and network with similar Cartegraph users in your region. Customer led User Groups allow you to find out what other organizations are doing to get more from their Cartegraph solutions and services. 3. Releases & Upgrades a. New Releases Be the first to know about all new Cartegraph releases, enhancements, and upgrades. i. Your cloud-hosted site will be automatically upgraded by our System Consultants after the timely access to the latest features and functionality. ii. For your on- increased system performance while gaining prompt access to the latest features and functionality b. Hot Fixes Page 2 of 4 City of Denton, TX | June 7, 2018 If an issue is determined to be a defect and falls outside the standard release cycle, Cartegraph will issue a hot fix and provide application specialists with detailed levels of product knowledge to work with you in achieving a timely and effective resolution Cartegraph will provide the Support Services only to Customer, provided that Cartegraph reserves the right to contact any third party as necessary to facilitate the delivery of Support Services or other services relating to the Solutions. Said support applies only to the most current version of the product and the previous version in succession. All Support Services are dependent upon the use by Customer of the Solutions in accordanc documentation and specifications. Cartegraph is under no obligation to modify the Solutions so that the modified Page 3 of 4 City of Denton, TX | June 7, 2018 Investment Summary Cartegraph fees for this project are included in the summary below. Date: June 7, 2018 Quote Expiration Date: December 31, 2018 Quote No.: #Q1800029 Purchase Type Qty. Unit Price Total Price YEAR 1 SOLUTIONS Cartegraph OMS Advanced Work Subscription, 7/19/19 1 $17,007.45 $17,007.45 Extension 7/18/20 Y EAR 1 S UB-T OTAL $17,007.45 YEAR 2 SOLUTIONS Cartegraph OMS Advanced Work Subscription, 7/19/20 1 $17,007.45 $17,007.45 Extension 7/18/21 Y EAR 2 S UB-T OTAL $17,007.45 T OTAL C OST (3-Y EAR T ERM) $34,014.90 NOTES: The pricing listed above does not include applicable sales tax. The Cartegraph OMS pricing listed above does not include Esri ArcGIS licenses. Not-to-Exceed Quote Cartegraph will not exceed the total included in this Quote without written approval from Customer. In the event it becomes apparent to Cartegraph that additional service efforts will be needed due to any changes in the scope of this Quote, Cartegraph will notify Customer prior to exceeding the approved efforts and obtain written approval if additional software or services are required. Page 4 of 4 INVOICE 3600 Digital Dr, Dubuque, Iowa, 52003, United States SIN004326 Invoice Number Phone: 563-556-8120 Fax: 563-556-8149 www.Cartegraph.com Invoice Date03/06/2018 achremit@cartegraph.com End User Billing AddressShipping Address Tony SmithCity of Denton IT901 Texas Street - Suite B City of DentonDenton, TX 76209 601 East Hickory Street Suite AUnited States Denton, TX 76205 United States PO/ContractPayment TermsDue Date #PA035Net 30 Days4/5/2018 TermTerm EndTax Product NameMilestoneQuantityUnit PriceNet Value Start DateDateValue OMS Advanced Edition Annual 1Per User Subscription, On07/19/201807/18/201910.00$3,060.00$0.00$30,600.00 Premises OMS Advanced Edition Annual 2Per User Subscription, On07/19/201807/18/201920.00$765.00$0.00$15,300.00 Premises $45,900.00 Net Total Tax Total$0.00 Invoice Total$45,900.00 GO GREEN: For your convenience, we do accept ACH/EFT payments. If you have any questions or comments about your software licensing agreement, service invoicing and setting up electronic payments, please contact Mary Jo at 800.688.2656, ext. 3312 or maryjosmock@cartegraph.com. For renewal invoice questions, please contact Ashley at 800.688.2656, ext. 5298 or ashleybontemps@cartegraph.com. Credit card payments: http://www.Cartegraph.com/Payments Please note the invoice # from above with payment. Accounts that are past due will be assessed a monthly 1.5% finance charge retroactive from the invoice date. Page1 of 1 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1113,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,aTexashome-rulemunicipalcorporation,authorizing theCityManagertoexecuteacontractforon-sitetirerepairandreplacementservicesforon-roadheavy-duty trucksandoff-roadvehiclesandequipmentfortheCityofDentonFleetServicesdepartment;providingforthe expenditureoffundstherefor;andprovidinganeffectivedate(IFB6788-awardedtoDwayneWaters,Inc.dba BriscoeAlignment&Tire,forone(1)year,withtheoptionfortwo(2)additionalone(1)yearextensions,ina total not-to-exceed amount of $310,000 for all years). City of DentonPage 1 of 1Printed on 8/3/2018 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Materials Management CM: Todd Hileman DATE: August 7, 2018 SUBJECT Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract for on-site tire repair and replacement services for on- road heavy-duty trucks and off-road vehicles and equipment for the City of Denton Fleet Services department; providing for the expenditure of funds therefor; and providing an effective date (IFB 6788- awarded to Dwayne Waters, Inc. dba Briscoe Alignment & Tire, for one (1) year, with the option for two (2) additional one (1) year extensions, in a total not-to-exceed amount of $310,000 for all years). BID INFORMATION This item is for contracted tire repair services and alignments. These services are required to maintain the safety of the City of Denton fleet of vehicles and equipment while in use at the job site or in transit. This Tire Service contract will also provide the following benefits to City of Denton: 1) Light and heavy-duty vehicle alignments 2) Flat repairs with warranty 3) Service call response times within 30 minutes 4) Fleet checks 5) City of Denton priority Invitation for Bids was sent to 115 prospective suppliers of this service. In addition, specifications were placed on the Materials Management website for prospective suppliers to download and advertised in the local newspaper. Four (4) bids meeting specifications were received (Exhibit 2). The lowest bid was received from Briscoe Tire and Alignment. Briscoe Tire and Alignment, is an established, locally owned business and currently provides quality work for the City of Denton. Fleet Services staff has been pleased with their responsiveness to service calls and attention to details. RECOMMENDATION Award a contract with Dwayne Waters, Inc. dba Briscoe Alignment & Tire for the supply of fabrication and repair services in a three (3) year not-to-exceed amount of $310,000. PRINCIPAL PLACE OF BUSINESS Briscoe Alignment & Tire Denton, TX. ESTIMATED SCHEDULE OF PROJECT This is an initial one (1) year contract with options to extend the contract for two (2) additional one (1) year periods, with all terms and conditions remaining the same. FISCAL INFORMATION These services will be funded from Fleet Services contract services account and billed back to operating departments through the fleet maintenance software work order system. STRATEGIC PLAN RELATIONSHIP s 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 Exhibit 1: Agenda Information Sheet Exhibit 2: Bid Tabulation Exhibit 3: Contract Exhibit 4: Ordinance Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Terry Kader at 940-349-8729. City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1179,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,aTexashome-rulemunicipalcorporation,authorizing theCityManagertoexecuteacontractforthesupplyofshootonconnectorsfortheCityofDenton DistributionCenter;providingfortheexpenditureoffundstherefor;andprovidinganeffectivedate(IFB6840- awarded to Texas Electric Cooperatives, Inc., in the four (4) year not-to-exceed amount of $150,000). City of DentonPage 1 of 1Printed on 8/3/2018 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Materials Management CM: Todd Hileman DATE: August 7, 2018 SUBJECT Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract for the supply of shoot on connectors for the City of Denton Distribution Center; providing for the expenditure of funds therefor; and providing an effective date (IFB 6840- awarded to Texas Electric Cooperatives, Inc., in the four (4) year not-to-exceed amount of $150,000). FILE INFORMATION /BACKGROUND Denton Municipal Electric (DME) utilizes shoot on connectors to bind bare conductors together. This provides a path for amperage to flow. The items are stocked by the Distribution Center and used as needed. Invitation for bids was sent to 299 prospective suppliers of this item. In addition, specifications were placed on the Materials Management website for prospective suppliers to download and advertised in the local newspaper. Six (6) bids meeting specification were received (Exhibit 2). The lowest bid was received by Texas Electric Cooperatives, Inc. RECOMMENDATION Approve a contract with Texas Electric Cooperatives, Inc., for distribution hardware, connectors, arms, and accessories in a four (4) year not-to-exceed amount of $150,000. PRINCIPAL PLACE OF BUSINESS Texas Electric Cooperatives, Inc. Georgetown, TX ESTIMATED SCHEDULE OF PROJECT This is a four (4) year contract. FISCAL INFORMATION The items in this IFB will be funded out of the Distribution Center Working Capital account and charged back to the using department. STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Organizational Excellence Related Goal: 2.3 Promote superior utility services and City facilities EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Bid Tabulation Exhibit 3: Contract Exhibit 4: Ordinance Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Laura Hermosillo at 940-349-8438. DocuSign Envelope ID: 54D405CC-31A5-42EA-AE22-14E11B5742AA 5ƚĭǒƭźŭƓ /źƷǤ /ƚǒƓĭźƌ ƩğƓƭƒźƷƷğƌ /ƚǝĻƩƭŷĻĻƷ CźƌĻ bğƒĻ tǒƩĭŷğƭźƓŭ /ƚƓƷğĭƷ t . ğƩŭĻƷ 5ğƷĻ /źƷǤ /ƚǒƓĭźƌ ğƩŭĻƷ 5ğƷĻ /ƚƓƷƩğĭƷ ğƌǒĻ tźŭŭǤ .ğĭƉ hƦƷźƚƓ /ƚƓƷƩğĭƷ 9ǣƦźƩğƷźƚƓ hƩķźƓğƓĭĻ DocuSign Envelope ID: 54D405CC-31A5-42EA-AE22-14E11B5742AA CONTRACT BY AND BETWEEN CITY OF DENTON, TEXAS AND TEXAS ELECTRIC COOPERATIVES, INC. (Contract #6840) THIS CONTRACT is made and entered into this date _______________________, by and between Texas Electric Cooperatives, Inc., a corporation, whose address is 100 Cooperative Way, Georgetown, TX 78626, hereinafter referred to as "Supplier," and the CITY OF DENTON, TEXAS, a home rule municipal corporation, hereinafter referred to as "City," to be effective upon approval of the Denton City Council and subsequent execution of this Contract by the Denton City Manager or his duly authorized designee. For and in consideration of the covenants and agreements contained herein, and for the mutual benefits to be obtained hereby, the parties agree as follows: SCOPE OF SERVICES Supplier shall provide products in accordance with the City’s IFB #6840 Shoot on Connectors, a copy of which is on file at the office of Purchasing Agent and incorporated herein for all purposes. The Contract consists of this written agreement and the following items which are attached hereto, or on file, and incorporated herein by reference: (a)Special Terms and Conditions(Exhibit “A”); (b)City of Denton’s IFB #6840 (Exhibit “B” on file at the office of the Purchasing Agent); (c)City of Denton Standard Terms and Conditions (Exhibit “C”); (d)Certificate of Interested Parties Electronic Filing (Exhibit “D”); (e)Supplier’s Proposal. (Exhibit "E"); (f)Form CIQ – Conflict of Interest Questionnaire (Exhibit "F") (g)House Bill 89 Verification (Exhibit “G”) (h)Senate Bill 252 Certification (Exhibit “H”) These documents make up the Contract documents and what is called for by one shall be as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions of the Contract documents, the inconsistency or conflict shall be resolved by giving precedence first to the written agreement then to the contract documents in the order in which they are listed above. These documents shall be referred to collectively as “Contract Documents.” INDEMNITY THE SUPPLIER REPRESENTS AND WARRANTS TO THE CITY THAT THE INTELLECTUAL PROPERTY SUPPLIED BY CONTRACTOR IN ACCORDANCE WITH THE SPECIFICATIONS IN THE CONTRACT WILL NOT INFRINGE, DIRECTLY OR CONTRIBUTORILY, ANY PATENT, TRADEMARK, COPYRIGHT, TRADE SECRET, OR ANY OTHER INTELLECTUAL PROPERTY RIGHT OF ANY KIND OF ANY THIRD PARTY, AND THAT NO CLAIMS HAVE BEEN MADE BY ANY PERSON OR ENTITY WITH RESPECT TO THE OWNERSHIP OR OPERATION OF THE INTELLECTUAL PROPERTY. MOREOVER, THE CONTRACTOR DOES NOT KNOW OF ANY VALID BASIS FOR ANY SUCH CLAIMS. THE CONTRACTOR SHALL, AT ITS SOLE EXPENSE, DEFEND, INDEMNIFY, AND HOLD THE CITY HARMLESS FROM AND AGAINST ALL LIABILITY, DAMAGES, AND COSTS Contract 6840 DocuSign Envelope ID: 54D405CC-31A5-42EA-AE22-14E11B5742AA Exhibit A Special Terms and Conditions 1. The Quantities The quantities indicated on Exhibit E are estimates based upon the best available information. The City reserves the right to increase or decrease the quantities to meet its actual needs without any adjustments in the bid price. Individual purchase orders will be issued on an as needed basis. 2. Product Changes During Contract Term The supplier shall not change specifications during the contract term without prior approval. Any deviation in the specifications or change in the product must be approved in advance by the City of Denton. Notice of a change shall be submitted in writing to purchasing@cityofdenton.com, with the above file number in the subject line, for review. Products found to have changed specifications without notification, and acceptance, will be returned at the supplier’s expense. Products that have been installed will be replaced at the supplier’s expense. 3. Authorized Distributor The supplier shall be the manufacturer or authorized distributor of the proposed products. The distributor shall be authorized to sell to the City of Denton, and make available the manufacturer’s representative as needed by the City. 4. Contract Terms It is the intention of the City of Denton to award a contract for a four (4) year period. The Contract shall commence upon the issuance of a Notice of Award by the City of Denton and shall remain in effect for the entire contract term, from the date of award by City Council, unless either party notifies the other party 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. 5. Price Escalation and De-escalation On Supplier’s request in the form stated herein, the City will implement an escalation/de-escalation price adjustment annually based on these special terms. The escalation/de-escalation will be based on the U.S Department of Labor, Bureau of Labor Statistics, Producer Price Index (PPI) for finished energy goods (WPUSOP3510. The stated eligible bid price will be increased or decreased based upon the annual percentage change in the PPI so long as the change is greater than the minimum threshold value of +/- 1%. The maximum escalation will not exceed +/- 8% for any individual year. The Supplier must submit or make available the manufacturers pricing sheet used to calculate the bid proposal, to participate in the escalation/de-escalation clause. The Supplier’s request must be submitted in writing with supporting evidence for need of such increase to the Purchasing Manager at least 60 days prior to the contract renewal date for each year. The Supplier should provide documentation as a percentage of each cost associated with the Contract 6840 DocuSign Envelope ID: 54D405CC-31A5-42EA-AE22-14E11B5742AA unit prices quoted for consideration. If no request is made, then it will be assumed that the current contract price will be in effect. Upon receipt of such request, the City of Denton, at its sole option, reserves the right to either: (1) accept the escalation as competitive with the general market price at the time, and become effective upon the renewal date of the contract award; or, (2) reject the increase within thirty (30) calendar days after receipt of a properly submitted request. If a properly submitted increase is rejected, the Supplier may request cancellation of such items from the contract by giving the City of Denton written notice. Cancellation will not go into effect for 15 calendar days after a determination has been issued. The prices in effect prior to the increase request must be honored on orders dated up to the official date of the City of Denton approval and/or cancellation. The request can be sent by e-mail to: purchasing@cityofdenton.com noting the solicitation number. The City of Denton reserves the right to accept, reject, or negotiate the proposed price changes. 1. Total Contract Amount The contract total shall not exceed $150,000. Pricing shall be per Exhibit E attached. 2. Delivery Lead Time Product or services shall be delivered to the City per the days/weeks noted in Exhibit E after receipt of the order. Contract 6840 DocuSign Envelope ID: 54D405CC-31A5-42EA-AE22-14E11B5742AA Exhibit C City of Denton Standard Purchase Terms and Conditions These standard Terms and Conditions and the Terms and Conditions, Specifications, Drawings and other requirements included in the City of Denton’s 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 contract/purchase order these written provisions will take precedence. The Contractor agrees that the contract shall be governed by the following terms and conditions, unless exceptions are duly noted and fully negotiated. Unless otherwise specified in the contract, Sections 3, 4, 5, 6, 7, 8, 20, 21, and 36 shall apply only to a solicitation to purchase goods, and sections 9, 10, 11, 22 and 32 shall apply only to a solicitation to purchase services to be performed principally at the 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. Contract 6840 DocuSign Envelope ID: 54D405CC-31A5-42EA-AE22-14E11B5742AA 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 furnished, without additional charge, all reasonable facilities and assistance to the City to facilitate such inspection. 8.NO REPLACEMENT OF DEFECTIVE TENDER: Every tender or delivery of deliverables must fully comply with all provisions of the Contract as to time of delivery, quality, and quantity. Any non-complying tender shall constitute a breach and the Contractor shall not have the right to substitute a conforming tender; provided, where the time for performance has not yet expired, the Contractor may notify the City of the intention to cure and may then make a conforming tender within the time allotted in the contract. 9.PLACE AND CONDITION OF WORK: The City shall provide the Contractor access to the sites where the Contractor is to perform the services as required in order for the Contractor to perform the services in a timely and efficient manner, in accordance with and subject to the applicable security laws, rules, and regulations. The Contractor acknowledges that it has satisfied itself as to the nature of the 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 harmless from and against any liability or claim for damages of any kind or nature if the actual site or service conditions differ from expected conditions. The contractor shall, at all times, exercise reasonable precautions for the safety of their employees, City Staff, participants and others on or near the 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. Contract 6840 DocuSign Envelope ID: 54D405CC-31A5-42EA-AE22-14E11B5742AA 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. 11.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 et seq.). 12.INVOICES: A. The Contractor shall submit separate invoices in duplicate on each purchase order or purchase release after each delivery. If partial shipments or deliveries are authorized by the City, a separate invoice must be sent for each shipment or delivery made. B. Proper Invoices must include a unique invoice number, the purchase order or delivery order number and the master agreement number if applicable, the Department’s Name, and the name of the point of contact for the Department. Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading and the freight waybill, when applicable, shall be attached to the invoice. The Contractor’s name, remittance address and, if applicable, the tax identification number on the invoice must exactly match the information in the Vendor’s registration with the City. Unless otherwise instructed in writing, the City may rely on the remittance address specified on the Contractor’s invoice. C. Invoices for labor shall include a copy of all time-sheets with trade labor rate and deliverables order number clearly identified. Invoices shall also include a tabulation of work-hours at the appropriate rates and grouped by work order number. Time billed for labor shall be limited to hours actually worked at the work site. D. Unless otherwise expressly authorized in the Contract, the Contractor shall pass through all Subcontract and other authorized expenses at actual cost without markup. E. Federal excise taxes, State taxes, or City sales taxes must not be included in the invoiced amount. The City will furnish a tax exemption certificate upon request. Contract 6840 DocuSign Envelope ID: 54D405CC-31A5-42EA-AE22-14E11B5742AA 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 specified in Texas Government Code Section 2251.025 or the maximum lawful rate; except, if payment is not timely made for a reason for which the City may withhold payment hereunder, interest shall not accrue until ten (10) calendar days after the grounds for withholding payment have been resolved. C. If partial shipments or deliveries are authorized by the City, the Contractor will be paid for the partial shipment or delivery, as stated above, provided that the invoice matches the shipment or delivery. D. The City may withhold or set off the entire payment or part of any payment otherwise due the Contractor to such extent as may be necessary on account of: i. delivery of defective or non-conforming deliverables by the Contractor; ii. third party claims, which are not covered by the insurance which the Contractor is required to provide, are filed or reasonable evidence indicating probable filing of such claims; iii. failure of the Contractor to pay Subcontractors, or for labor, materials or equipment; iv. damage to the property of the City or the City’s agents, employees or contractors, which is not covered by insurance required to be provided by the Contractor; v. reasonable evidence that the Contractor’s obligations will not be completed within the time specified in the Contract, and that the unpaid balance would not be adequate to cover actual or damages for the anticipated delay; vi. Failure of the Contractor to submit proper invoices with purchase order number, with all required attachments and supporting documentation; or vii. failure of the Contractor to comply with any material provision of the Contract Documents. E. Notice is hereby given that any awarded firm who is in arrears to the City of Denton for delinquent taxes, the City may offset indebtedness owed the City through payment withholding. F. Payment will be made by check unless the parties mutually agree to payment by credit card or electronic transfer of funds. The Contractor agrees that there shall be no additional charges, surcharges, or penalties to the City for payments made by credit card or electronic funds transfer. G. The awarding or continuation of this contract is dependent upon the availability of funding. The 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 shall not be reimbursed, unless otherwise negotiated. Contract 6840 DocuSign Envelope ID: 54D405CC-31A5-42EA-AE22-14E11B5742AA 15.FINAL PAYMENT AND CLOSE-OUT: A. If a DBE/MBE/WBE Program Plan is agreed to and the Contractor has identified Subcontractors, the Contractor is required to submit a Contract Close-Out MBE/WBE Compliance Report to the Purchasing Manager no later than the 15th calendar day after completion of all work under the contract. Final payment, retainage, or both may be withheld if the Contractor is not in compliance with the requirements as accepted by the City. B. The making and acceptance of final payment will constitute: i. a waiver of all claims by the City against the Contractor, except claims (1) which have been previously asserted in writing and not yet settled, (2) arising from defective work appearing after final inspection, (3) arising from failure of the Contractor to comply with the Contract or the terms of any warranty specified herein, (4) arising from the 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 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. 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 Expenditures Report to the Procurement Manager, no later than the tenth calendar day of each month. Contract 6840 DocuSign Envelope ID: 54D405CC-31A5-42EA-AE22-14E11B5742AA B. Work performed for the Contractor by a Subcontractor shall be pursuant to a written contract between the Contractor and Subcontractor. The terms of the subcontract may not conflict with the terms of the Contract, and shall contain provisions that: i. require that all deliverables to be provided by the Subcontractor be provided in strict accordance with the provisions, specifications and terms of the Contract; ii. prohibit the Subcontractor from further subcontracting any portion of the Contract without the prior written consent of the City and the Contractor. The City may require, as a condition to such further subcontracting, that the Subcontractor post a payment bond in form, substance and amount acceptable to the City; iii. require Subcontractors to submit all invoices and applications for payments, including any claims for additional payments, damages or otherwise, to the Contractor in sufficient time to enable the Contractor to include same with its invoice or application for payment to the City in accordance with the terms of the Contract; iv. require that all Subcontractors obtain and maintain, throughout the term of their contract, insurance in the type and amounts specified for the Contractor, with the City being a named insured as its interest shall appear; and v. require that the Subcontractor indemnify and hold the City harmless to the same extent as the Contractor is required to indemnify the City. C. The Contractor shall be fully responsible to the City for all acts and omissions of the Subcontractors just as the Contractor is responsible for the Contractor's own acts and omissions. Nothing in the Contract shall create for the benefit of any such Subcontractor any contractual relationship between the City and any such Subcontractor, nor shall it create any obligation on the part of the City to pay or to see to the payment of any moneys due any such Subcontractor except as may otherwise be required by law. D. The Contractor shall pay each Subcontractor its appropriate share of payments made to the Contractor not later than ten (10) calendar days after receipt of payment from the City. 19. WARRANTY-PRICE: A. The Contractor warrants the prices quoted in the Offer are no higher than the Contractor's current prices on orders by others for like deliverables under similar terms of purchase. B. The Contractor certifies that the prices in the Offer have been arrived at independently without consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such fees with any other firm or with any competitor. C. In addition to any other remedy available, the City may deduct from any amounts owed to the Contractor, or otherwise recover, any amounts paid for items in excess of the Contractor's current prices on orders by others for like deliverables under similar terms of purchase. 20.WARRANTY – TITLE: The Contractor warrants that it has good and indefeasible title to all deliverables furnished under the Contract, and that the deliverables are free and clear of all liens, claims, security interests and encumbrances. The Contractor shall indemnify and hold the City harmless from and against all adverse title claims to the deliverables. 21.WARRANTY– DELIVERABLES: The Contractor warrants and represents that all deliverables sold the City under the Contract shall be free from defects in design, workmanship or manufacture, and conform in all material respects to the specifications, drawings, and descriptions in the Solicitation, to any samples furnished by the Contractor, to the terms, covenants and conditions of the Contract, and to all applicable State, Federal or local laws, rules, and regulations, and industry codes and standards. Unless otherwise stated in the Solicitation, the deliverables shall be new or recycled merchandise, and not used or reconditioned. A. Recycled deliverables shall be clearly identified as such. Contract 6840 DocuSign Envelope ID: 54D405CC-31A5-42EA-AE22-14E11B5742AA 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 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. Contract 6840 DocuSign Envelope ID: 54D405CC-31A5-42EA-AE22-14E11B5742AA 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 final payment, the City may deduct such amounts as are necessary to compensate the City for the diminished value of the defective or non-conforming deliverables. If the acceptance occurs after final payment, such amount will be refunded to the City by the Contractor. 24.RIGHT TO ASSURANCE: Whenever one party to the Contract in good faith has reason to question the other 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 property. Upon notification, the Contractor will cease all work until notified by the City that the violation or unsafe condition has been corrected. The Contractor shall be liable for all costs incurred by the City as a result of the issuance of such Stop Work Notice. 26.DEFAULT: The Contractor shall be in default under the Contract if the Contractor (a) fails to fully, timely and faithfully perform any of its material obligations under the Contract, (b) fails to provide adequate assurance of performance under Paragraph 24, (c) becomes insolvent or seeks relief under the bankruptcy laws of the United States or (d) makes a material misrepresentation in 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 maximum lawful rate. Additionally, in the event of a default by the Contractor, the City may remove the Contractor from the City’s vendor list for three (3) years and any Offer submitted by the Contractor may be disqualified for up to three (3) years. All rights and remedies under the Contract are cumulative and are not exclusive of any other right or remedy provided by law. 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 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. Contract 6840 DocuSign Envelope ID: 54D405CC-31A5-42EA-AE22-14E11B5742AA 30.DELAYS: A. The City may delay scheduled delivery or other due dates by written notice to the Contractor if the City deems it is in its best interest. If such delay causes an increase in the cost of the work under the Contract, the City and the Contractor shall negotiate an equitable adjustment for costs incurred by the Contractor in the Contract price and execute an amendment to the Contract. The Contractor must assert its right to an adjustment within thirty (30) calendar days from the date of receipt of the notice of delay. Failure to agree on any adjusted price shall be handled under the Dispute Resolution process specified in paragraph 49. However, nothing in this provision shall excuse the Contractor from delaying the delivery as notified. B. Neither party shall be liable for any default or delay in the performance of its obligations under this Contract if, while and to the extent such default or delay is caused by acts of God, fire, riots, civil commotion, labor disruptions, sabotage, sovereign conduct, or any other cause beyond the reasonable control of such Party. In the event of default or delay in contract performance due to any of the foregoing causes, then the time for completion of the services will be extended; provided, however, in such an event, a conference will be held within three (3) business days to establish a mutually agreeable period of time reasonably necessary to overcome the effect of such failure to perform. 31.INDEMNITY: A. Definitions: i. "Indemnified Claims" shall include any and all claims, demands, suits, causes of action, judgments and liability of every character, type or description, including all reasonable costs and expenses of litigation, mediation or other alternate dispute resolution mechanism, including attorney and other professional fees for: (1) damage to or loss of the property of any person (including, but not limited to the City, the Contractor, their respective agents, officers, employees and subcontractors; the officers, agents, and employees of such subcontractors; and third parties); and/or (2) death, bodily injury, illness, disease, worker's compensation, loss of services, or loss of income or wages to any person (including but not limited to the agents, officers and employees of the City, the 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), INDEMNIFY, AND HOLD THE CITY, ITS SUCCESSORS, ASSIGNS, OFFICERS, EMPLOYEES AND ELECTED OFFICIALS HARMLESS FROM AND AGAINST ALL INDEMNIFIED CLAIMS DIRECTLY ARISING OUT OF, INCIDENT TO, CONCERNING OR RESULTING FROM THE FAULT OF THE CONTRACTOR, OR THE CONTRACTOR'S AGENTS, EMPLOYEES OR SUBCONTRACTORS, IN THE PERFORMANCE OF THE 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 INDEMNIFIED CLAIM. 32.INSURANCE: The following insurance requirements are applicable, in addition to the specific insurance requirements detailed in Appendix A for services only. The successful firm shall procure and maintain insurance of the types and in the minimum amounts acceptable to the City of Denton. The insurance shall be written by a company licensed to do business in the State of Texas and satisfactory to the City of Denton. Contract 6840 DocuSign Envelope ID: 54D405CC-31A5-42EA-AE22-14E11B5742AA A. General Requirements: i. The Contractor shall at a minimum carry insurance in the types and amounts indicated and agreed to, as submitted to the City and approved by the City within the procurement process, for the duration of the Contract, including extension options and hold over periods, and during any warranty period. ii. The Contractor shall provide Certificates of Insurance with the coverage’s and endorsements required to the City as verification of coverage prior to contract execution and within fourteen (14) calendar days after written request from the City. Failure to provide the required Certificate of Insurance may subject the Offer to disqualification from consideration for award. The Contractor must also forward a Certificate of Insurance to 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 carry Umbrella or Excess Liability Insurance for any differences in amounts specified. If Excess Liability Insurance is provided, it shall follow the form of the primary coverage. ix. The City shall be entitled, upon request, at an agreed upon location, and without expense, to review certified copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modification of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of the parties hereto or the underwriter on any such policies. x. The City reserves the right to review the insurance requirements set forth during the effective period of the Contract and to make reasonable adjustments to insurance coverage, limits, and exclusions when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, the claims history of the industry or financial condition of the insurance company as well as the Contractor. Contract 6840 DocuSign Envelope ID: 54D405CC-31A5-42EA-AE22-14E11B5742AA 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 effect 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. 34.NOTICES: Unless otherwise specified, all notices, requests, or other communications required or appropriate to be given under the Contract shall be in writing and shall be deemed delivered three (3) business days after postmarked if sent by U.S. Postal Service Certified or Registered Mail, Return Receipt Requested. Notices delivered by other means shall be deemed delivered upon receipt by the addressee. Routine communications may be made by first class mail, telefax, or other commercially accepted means. Notices to the Contractor shall be sent to the address specified in the 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 property of the City upon receipt. Any portions of such material claimed by the Contractor to be proprietary must be clearly marked as such. Determination of the public nature of the material is subject to the Texas Public Information Act, Chapter 552, and Texas Government Code. 36.NO WARRANTY BY CITY AGAINST INFRINGEMENTS: The Contractor represents and warrants to the City that: (i) the Contractor shall provide the City good and indefeasible title to the deliverables and (ii) the deliverables supplied by the Contractor in accordance with the specifications in the Contract will not infringe, directly or contributorily, any patent, trademark, copyright, trade secret, or any other intellectual property right of any kind of any third party; that no claims have been made by any person or entity with respect to the ownership or operation of the deliverables and the Contractor does not know of any valid basis for any such claims. The Contractor shall, at its sole expense, defend, indemnify, and hold the City harmless from and Contract 6840 DocuSign Envelope ID: 54D405CC-31A5-42EA-AE22-14E11B5742AA against all liability, damages, and costs (including court costs and reasonable fees of attorneys and other professionals) arising out of or resulting from: (i) any claim that the City’s exercise anywhere in the world of the rights associated with the City’s’ ownership, and if applicable, license rights, and its use of the deliverables infringes the intellectual property rights of any third party; or (ii) the Contractor’s breach of any of Contractor’s representations or warranties stated in this Contract. In the event of any such claim, the City shall have the right to monitor such claim or at its option engage its own separate counsel to act as co-counsel on the City’s behalf. Further, Contractor agrees that the City’s specifications regarding the deliverables shall in no way diminish Contractor’s warranties or obligations under this paragraph and the City makes no warranty that the production, development, or delivery of such deliverables will not impact such warranties of Contractor. 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 subject matter to the City. Further, if requested by the City, the Contractor agrees to assign and, if necessary, cause each of its employees to assign the entire right, title, and interest to specific inventions under such patentable subject matter to the City and to execute, acknowledge, and deliver and, if necessary, cause each of its employees to execute, acknowledge, and deliver an assignment of letters patent, in a form to be reasonably approved by the City, to the City upon request by the City. B. Copyrights. As to any deliverables containing copyrightable subject matter, the Contractor agrees that upon their creation, such deliverables shall be considered as work made-for-hire by the Contractor for the City and the City shall own all copyrights in and to such deliverables, provided however, that nothing in this Paragraph 38 shall negate the City’s sole or joint ownership of any such deliverables arising by virtue of the City’s sole or joint authorship of such deliverables. Should by operation of law, such deliverables not be considered works made-for-hire, the Contractor hereby assigns to the City (and agrees to cause each of its employees providing services to the City hereunder to execute, acknowledge, and deliver an assignment to the City of) all Contract 6840 DocuSign Envelope ID: 54D405CC-31A5-42EA-AE22-14E11B5742AA 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 withhold the amount of the cost incurred by the Contractor in providing such gratuities. 43.PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS: No officer, employee, independent consultant, or elected official of the City who is involved in the development, evaluation, or decision-making process of the performance of any solicitation shall have a financial interest, direct or indirect, in the Contract resulting from that solicitation. Any willful violation of this section shall constitute impropriety in office, and any officer or employee guilty thereof shall be subject to disciplinary action up to and including dismissal. Any violation of this provision, with the knowledge, expressed or implied, of the Contractor shall render the Contract voidable by the City. The Contractor shall complete and submit the City’s Conflict of Interest Questionnaire. Contract 6840 DocuSign Envelope ID: 54D405CC-31A5-42EA-AE22-14E11B5742AA 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. The Contractor agrees and understands that the Contract does not grant any rights or privileges established for employees of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker’s compensation, or any other City employee benefit. The City shall not have supervision and control of the Contractor or any employee of the Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. The contractor is expressly free to advertise and perform services for other parties while performing services for the City. 45.ASSIGNMENT-DELEGATION: The Contract shall be binding upon and ensure to the benefit of the City and the Contractor and their respective successors and assigns, provided however, that no right or interest in the Contract shall be assigned and no obligation shall be delegated by the Contractor without the prior written consent of the City. Any attempted assignment or delegation by the Contractor shall be void unless made in conformity with this paragraph. The Contract is not intended to confer rights or benefits on any person, firm or entity not a party hereto; it being the intention of the parties that there are no third party beneficiaries to the Contract. 46.WAIVER: No claim or right arising out of a breach of the Contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. No waiver by either the Contractor or the City of any one or more events of default by the other party shall operate as, or be construed to be, a permanent waiver of any rights or obligations under the Contract, or an express or implied acceptance of any other existing or future default or defaults, whether of a similar or different character. 47.MODIFICATIONS: The Contract can be modified or amended only by a writing signed by both parties. No pre-printed or similar terms on any the Contractor invoice, order or other document shall have any force or effect to change the terms, covenants, and conditions of the Contract. 48.INTERPRETATION: The Contract is intended by the parties as a final, complete and exclusive statement of the terms of their agreement. No course of prior dealing between the parties or course of performance or usage of the trade shall be relevant to supplement or explain any term used in the Contract. Although the Contract may have been substantially drafted by one party, it is the intent of the parties that all provisions be construed in a manner to be fair to both parties, reading no provisions more strictly against one party or the other. Whenever a term defined by the Uniform Commercial Code, as enacted by the State of Texas, is used in the Contract, the UCC definition shall control, unless otherwise defined in the Contract. 49.DISPUTE RESOLUTION: A. If a dispute arises out of or relates to the Contract, or the breach thereof, the parties agree to negotiate prior to prosecuting a suit for damages. However, this section does not prohibit the filing of a lawsuit to toll the running of a statute of limitations or to seek injunctive relief. Either party may make a written request for a meeting between representatives of each party within fourteen Contract 6840 DocuSign Envelope ID: 54D405CC-31A5-42EA-AE22-14E11B5742AA (14) calendar days after receipt of the request or such later period as agreed by the parties. Each party shall include, at a minimum, one (1) senior level individual with decision-making authority regarding the dispute. The purpose of this and any subsequent meeting is to attempt in good faith to negotiate a resolution of the dispute. If, within thirty (30) calendar days after such meeting, the parties have not succeeded in negotiating a resolution of the dispute, they will proceed directly to mediation as described below. Negotiation may be waived by a written agreement signed by both parties, in which event the parties may proceed directly to mediation as described below. B. If the efforts to resolve the dispute through negotiation fail, or the parties waive the negotiation process, the parties may select, within thirty (30) calendar days, a mediator trained in mediation skills to assist with resolution of the dispute. Should they choose this option; the City and the Contractor agree to act in good faith in the selection of the mediator and to give consideration to qualified individuals nominated to act as mediator. Nothing in the Contract prevents the parties from relying on the skills of a person who is trained in the subject matter of the dispute or a contract interpretation expert. If the parties fail to agree on a mediator within thirty (30) calendar days of initiation of the mediation process, the mediator shall be selected by the Denton County Alternative Dispute Resolution Program (DCAP). The parties agree to participate in mediation in good faith for up to thirty (30) calendar days from the date of the first mediation session. The City and the Contractor will share the mediator’s fees equally and the parties will bear their own costs of participation such as fees for any consultants or attorneys they may utilize to represent them or otherwise assist them in the mediation. 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. Contract 6840 DocuSign Envelope ID: 54D405CC-31A5-42EA-AE22-14E11B5742AA 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 through Friday, excluding City of Denton Holidays. Any scheduled deliveries or work performance not within the normal hours of operation must be approved by the City Manager of Denton, Texas or his authorized designee. 53.SURVIVABILITY OF OBLIGATIONS: All provisions of the Contract that impose continuing obligations on the parties, including but not limited to the warranty, indemnity, and confidentiality obligations of the parties, shall survive the expiration or termination of the Contract. 54.NON-SUSPENSION OR DEBARMENT CERTIFICATION: The City of Denton is prohibited from contracting with or making prime or sub-awards to parties that are suspended or debarred or whose principals are suspended or debarred from Federal, State, or City of Denton Contracts. By accepting a Contract with the City, the Vendor certifies that its firm and its principals are not currently suspended or debarred from doing business with the Federal Government, as indicated by the General Services Administration List of Parties Excluded from Federal Procurement and Non-Procurement Programs, the State of Texas, or the City of Denton. 55.EQUAL OPPORTUNITY A.Equal Employment Opportunity: No Offeror, or Offeror’s agent, shall engage in any discriminatory employment practice. No person shall, on the grounds of race, sex, sexual 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. 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 – Contract 6840 DocuSign Envelope ID: 54D405CC-31A5-42EA-AE22-14E11B5742AA (1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or (2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the end product. iii. "Domestic end product" means- (1) An unmanufactured end product mined or produced in the United States; or (2) An end product manufactured in the United States, if the cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind as those that the agency determines are not mined, produced, or manufactured in sufficient and reasonably available commercial quantities of a satisfactory quality are treated as domestic. Scrap generated, collected, and prepared for processing in the United States is considered domestic. iv. "End product" means those articles, materials, and supplies to be acquired under the contract for public use. v. "Foreign end product" means an end product other than a domestic end product. vi. "United States" means the 50 States, the District of Columbia, and outlying areas. B. The Buy American Act (41 U.S.C. 10a - 10d) provides a preference for domestic end products for supplies acquired for use in the United States. C. The City does not maintain a list of foreign articles that will be treated as domestic for this Contract; but will consider for approval foreign articles as domestic for this product if the articles are on a list approved by another Governmental Agency. The Offeror shall submit documentation with their Offer demonstrating that the article is on an approved Governmental list. D. The Contractor shall deliver only domestic end products except to the extent that it specified delivery of foreign end products in the provision of the Solicitation entitled "Buy American Act Certificate". 57. RIGHT TO INFORMATION: The City of Denton reserves the right to use any and all information presented in any response to this contract, whether amended or not, except as prohibited by law. Selection of rejection of the submittal does not affect this right. 58. LICENSE FEES OR TAXES: Provided the solicitation requires an awarded contractor or supplier to be licensed by the State of Texas, any and all fees and taxes are the responsibility of the respondent. 59.PREVAILING WAGE RATES: The contractor shall comply with prevailing wage rates as defined by the United States Department of Labor Davis-Bacon Wage Determination at http://www.dol.gov/whd/contracts/dbra.htm and at the Wage Determinations website www.wdol.gov for Denton County, Texas (WD-2509). 60. COMPLIANCE WITH ALL STATE, FEDERAL, AND LOCAL LAWS: The contractor or supplier shall comply with all State, Federal, and Local laws and requirements. The Respondent must comply with all applicable laws at all times, including, without limitation, the following: (i) §36.02 of the Texas Penal Code, which prohibits bribery; (ii) §36.09 of the Texas Penal Code, which prohibits the offering or conferring of benefits to public servants. The Respondent shall give all notices and comply with all laws and regulations applicable to furnishing and performance of the Contract. Contract 6840 DocuSign Envelope ID: 54D405CC-31A5-42EA-AE22-14E11B5742AA 61. FEDERAL, STATE, AND LOCAL REQUIREMENTS: Respondent shall demonstrate on- site compliance with the Federal Tax Reform Act of 1986, Section 1706, amending Section 530 of the Revenue Act of 1978, dealing with issuance of Form W-2's to common law employees. Respondent is responsible for both federal and State unemployment insurance coverage and standard Workers’ Compensation insurance coverage. Respondent shall ensure compliance with all federal and State tax laws and withholding requirements. The City of Denton shall not be liable to Respondent or its employees for any Unemployment or Workers' Compensation coverage, or federal or State withholding requirements. Contractor shall indemnify the City of Denton and shall pay all costs, penalties, or losses resulting from Respondent's omission or breach of this Section. 62. DRUG FREE WORKPLACE: The contractor shall comply with the applicable provisions of the Drug-Free Work Place Act of 1988 (Public Law 100-690, Title V, Subtitle D; 41 U.S.C. 701 ET SEQ.) and maintain a drug-free work environment; and the final rule, government-wide requirements for drug-free work place (grants), issued by the Office of Management and Budget and the Department of Defense (32 CFR Part 280, Subpart F) to implement the provisions of the Drug-Free Work Place Act of 1988 is incorporated by reference and the contractor shall comply with the relevant provisions thereof, including any amendments to the final rule that may hereafter be issued. 63. RESPONDENT LIABILITY FOR DAMAGE TO GOVERNMENT PROPERTY: The Respondent shall be liable for all damages to government-owned, leased, or occupied property and equipment caused by the Respondent and its employees, agents, subcontractors, and suppliers, including any delivery or cartage company, in connection with any performance pursuant to the Contract. The Respondent shall notify the City of Denton Procurement Manager in writing of any such damage within one (1) calendar day. 64. FORCE MAJEURE: The City of Denton, any Customer, and the Respondent shall not be responsible for performance under the Contract should it be prevented from performance by an act of war, order of legal authority, act of God, or other unavoidable cause not attributable to the fault or negligence of the City of Denton. In the event of an occurrence under this Section, the Respondent will be excused from any further performance or observance of the requirements so affected for as long as such circumstances prevail and the Respondent continues to use commercially reasonable efforts to recommence performance or observance whenever and to whatever extent possible without delay. The Respondent shall immediately notify the City of Denton Procurement Manager by telephone (to be confirmed in writing within five (5) calendar days of the inception of such occurrence) and describe at a reasonable level of detail the circumstances causing the non-performance or delay in performance. 65. NON-WAIVER OF RIGHTS: Failure of a Party to require performance by another Party under the Contract will not affect the right of such Party to require performance in the future. No delay, failure, or waiver of either Party’s exercise or partial exercise of any right or remedy under the Contract shall operate to limit, impair, preclude, cancel, waive or otherwise affect such right or remedy. A waiver by a Party of any breach of any term of the Contract will not be construed as a waiver of any continuing or succeeding breach. 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. Contract 6840 DocuSign Envelope ID: 54D405CC-31A5-42EA-AE22-14E11B5742AA 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 Contract 6840 DocuSign Envelope ID: 54D405CC-31A5-42EA-AE22-14E11B5742AA Exhibit D Certificate of Interested Parties Electronic Filing In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that the City may not enter into this contract unless the Contractor submits a disclosure of interested parties (Form 1295) to the City at the time the Contractor submits the signed contract. The Texas Ethics Commission has adopted rules requiring the business entity to file Form 1295 electronically with the Commission. Contractor will be required to furnish a Certificate of Interest Parties before the contract is awarded, in accordance with Government Code 2252.908. The contractor shall: 1.Log onto the State Ethics Commission Website at : https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm 2.Register utilizing the tutorial provided by the State 3.Print a copy of the completed Form 1295 4.Enter the Certificate Number on page 2 of this contract. 5.Complete and sign the Form 1295 6.Email the form to purchasing@cityofdenton.com with the contract number in the subject line. (EX: Contract 1234 – Form 1295) The City must acknowledge the receipt of the filed Form 1295 not later than the 30th day after Council award. Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics Commission’s website within seven business days. Contract 6840 DocuSign Envelope ID: 54D405CC-31A5-42EA-AE22-14E11B5742AA EXHIBIT E IFB 6840 - Pricing Sheet for SUPPLY OF SHOOT-ON CONNECTORS Respondent's Business Name:Texas Electic Cooperatives Principal Place of Business (City and State) Georgetown, Texas Estimated Box EST. ANNUAL Delivery ARO Unit PriceExtended Price Product DescriptionDescription 2 UOM QTY Qty (Calendar Days) Line # Note: Pricing must include all costs to deliver goods (FOB destination). Delivery of goods shall be made within 30 days of receipt of order. Purchase Orders will be issued as needed. Blanked orders will not be issued to guarantee stock or lead times. The City will only accept proposals from the specific manufacturers and part numbers listed on each line item. 1 516.85$ 202.20$ 10 12 EA CONNECTOR, SHOOTON, 336 AAC-336AACAMP# 602006 ONLY 2 252.63$ 78.90$ 10 30 EA CONNECTOR, SHOOTON, 4/0-4/0AMP# 600466 ONLY 3 516.95$ 84.75$ 10 5 EA CONNECTOR, SHOOTON, 477/556AAC-336AMP# 1-602031-4 ONLY 4 516.95$ 1,017.00$ 10 60 EA CONNECTOR, SHOOTON, 477/556AAC-4/0AMP# 1-602031-6 ONLY 5 510.18$ 5,090.00$ 10 500 EA CONNECTOR, SHOOTON, 477/556AAC-477AMP# 1-602031-3 ONLY 6 524.00$ 720.00$ 10 30 EA CONNECTOR, SHOOTON, 556.5-#6 AMP# 2-602031-2 ONLY 7 516.95$ 2,542.50$ 10 150 EA CONNECTOR, SHOOTON, 556AAC-#2ACSR/#2AMP# 602031-8 ONLY 8 516.95$ 84.75$ 10 5 EA CONNECTOR, SHOOTON, 556AAC-2/0ACSRCUAMP# 1-602031-8/69338-4 ONLY 9 514.10$ 423.00$ 10 30 EA CONNECTOR, SHOOTON, 556AAC-556AACAMP# 1-602031-2 ONLY 10 537.35$ 186.75$ 10 5 EA CONNECTOR, SHOOTON, 795AAC-336AACAMP# 602121-7 ONLY 11 537.35$ 560.25$ 10 15 EA CONNECTOR, SHOOTON, 795AAC-4/0 AMP# 602121-9 ONLY 12 340.85$ 6,127.50$ 10 150 EA CONNECTOR, SHOOTON, 795AAC-477AACAMP# 602121-5 ONLY 13 334.45$ 6,890.00$ 10 200 EA CONNECTOR, SHOOTON, 795AAC-795AACAMP# 602121-2 ONLY 14 327.25$ 817.50$ 10 30 EA CONNECTOR, SHOOTON, 795AAC-795AACAMP# 602121 ONLY 15 138.50$ 192.50$ 14 5 EA INLINE SWITCH SHOOTON 477 AMP# 83843-5 ONLY 16 2538.50$ 192.50$ 14 5 EA INLINE SWITCH SHOOTON 795 AMP# 83843-6 ONLY 17 251.35$ 40.50$ 10 30 EA SHELLS, AMPACT BLUE AMP# 69338-1 ONLY 18 251.12$ 2,240.00$ 10 2000 EA SHELLS, AMPACT YELLOW AMP # 69338-4 ONLY 19 822.05$ 661.56$ 10 30 EA STIRRUP, CONNECTOR, SHOOTON 477AAC397-556 TO 1/0; AMP# 602047 ONLY 20 835.50$ 3,550.00$ 21 100 EA STIRRUP, CONNECTOR, SHOOTON 556 AAC556 TO 1/0; AMP# 602104 ONLY 21 565.00$ 6,500.00$ 10 100 EA STIRRUP, CONNECTOR, SHOOTON 795 AACAMP# 602162 ONLY DocuSign Envelope ID: 54D405CC-31A5-42EA-AE22-14E11B5742AA EXHIBIT F DocuSign Envelope ID: 54D405CC-31A5-42EA-AE22-14E11B5742AA Exhibit House Bill 89 - Government Code 2270 VERIFICATION I, _______________________________________________, the undersigned representative of ______________________________Company or Business name (hereafter referred to as company), being an adult over the age of eighteen (18) years of age, verify that the company named-above, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract the above-named Company, business or individual with City of Denton. Pursuant to Section 2270.001, Texas Government Code: 1.ÐBoycott IsraelÑ means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes; and 2.ÐCompanyÑ means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. ___________________________________ Name of Company Representative (Print) ________________________________ Signature of Company Representative _________________________________ Date DocuSign Envelope ID: 54D405CC-31A5-42EA-AE22-14E11B5742AA Exhibit Senate Bill 252 -Government Code 2252 CERTIFICATION I, ______________________________________________, the undersigned representative of ________________________________________________ (Company or business name) being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153, certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153. I further certify that should the above-named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of DentonÓs Materials Management Department. ___________________________________ Name of Company Representative (Print) ________________________________ Signature of Company Representative _________________________________ Date Certificate Of Completion Envelope Id: 54D405CC31A542EAAE2214E11B5742AAStatus: Sent Subject: Please DocuSign: City Council Contract 6840 Source Envelope: Document Pages: 29Signatures: 4Envelope Originator: Certificate Pages: 6Initials: 0Jody Word AutoNav: Enabled901B Texas Street EnvelopeId Stamping: EnabledDenton, TX 76209 Time Zone: (UTC-08:00) Pacific Time (US & Canada)jody.word@cityofdenton.com IP Address: 129.120.6.150 Record Tracking Status: OriginalHolder: Jody WordLocation: DocuSign 7/18/2018 1:02:50 PM jody.word@cityofdenton.com Signer EventsSignatureTimestamp Jody WordSent: 7/18/2018 1:11:17 PM Completed jody.word@cityofdenton.comViewed: 7/18/2018 1:11:26 PM BuyerSigned: 7/18/2018 1:13:26 PM Using IP Address: 129.120.6.150 City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Brandon CanadySent: 7/18/2018 1:13:28 PM bcanady@texas-ec.orgViewed: 7/18/2018 2:46:51 PM Quotations ManagerSigned: 7/18/2018 2:49:06 PM Texas Electric Cooperatives Using IP Address: 184.61.140.210 Security Level: Email, Account Authentication Signed using mobile (None) Electronic Record and Signature Disclosure: Accepted: 7/18/2018 2:46:51 PM ID: 99531aba-c80e-465f-b307-37779ebf45c6 Larry CollisterSent: 7/18/2018 2:49:09 PM larry.collister@cityofdenton.comResent: 7/23/2018 8:04:56 AM First Assistant City AttorneyResent: 7/30/2018 11:33:55 AM City of DentonViewed: 8/2/2018 12:13:56 PM Signature Adoption: Pre-selected Style Security Level: Email, Account Authentication Signed: 8/2/2018 12:14:37 PM Using IP Address: 129.120.6.150 (None) Electronic Record and Signature Disclosure: Accepted: 9/26/2017 12:27:28 PM ID: 01f5f868-f109-4e29-ad49-21db9046c882 Tabitha MillsopSent: 8/2/2018 12:14:40 PM tabitha.millsop@cityofdenton.com City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Todd Hileman Todd.Hileman@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Signer EventsSignatureTimestamp Accepted: 7/25/2017 9:02:14 AM ID: 57619fbf-2aec-4b1f-805d-6bd7d9966f21 Jennifer Walters jennifer.walters@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Sherri ThurmanSent: 7/18/2018 2:49:09 PM sherri.thurman@cityofdenton.com City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jane Richardson jane.richardson@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jennifer Bridges jennifer.bridges@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jane Richardson jane.richardson@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Laura Hermosillo Laura.Hermosillo@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Envelope SentHashed/Encrypted8/2/2018 12:14:40 PM Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Denton (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1188,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDentonapprovingarevisiontoaninterlocalagreement betweentheCityofDentonandtheUniversityofNorthTexasforaBikeSharePilotProgramownedand administeredbytheUniversityofNorthTexas;andprovidinganeffectivedate.TheMobilityCommittee recommends approval (3-0). City of DentonPage 1 of 1Printed on 8/3/2018 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Transportation CM/ DCM/ ACM: Mario Canizares DATE: August 7, 2018 SUBJECT Consider the adoption of an ordinance of the City of Denton approving a revision to an Interlocal Agreement between the City of Denton and the University of North Texas for a Bike Share Pilot Program owned and administered by the University of North Texas, and providing an effective date. (Mobility Committee Recommends 3-0). BACKGROUND On June 5, 2018, Denton City Council passed Ordinance 18-903, approving an Interlocal Agreement (ILA) between The University of North Texas (UNT) and the City of Denton to establish the UNT Bike Share Pilot Program. The University of North Texas worked closely with City of Denton staff to ensure the proposed program fits with the bike share permitting requirements created by the City in February 2018 by Ordinance 18-277. Under the ILA, UNT planned to deploy 250 customized bikes at various campus locations, which is more than the 100 maximum bikes Ordinance No. 18-277 permits in the City of Denton right-of-way. UNT had entered into a partnership with Spin to provide logistical support of the program ensuring that no more than 100 bikes migrate off campus (UNT property) or onto City of Denton right-of-way. UNT, through their partnership with Spin, agreed to meet requirements established in Ordinance 18-277. Spin is the only private bike share operator that submitted for and received a City of Denton stationless bike share permit. In early July, UNT staff was advised by Spin representatives that they would no longer be supporting the Bike Share Pilot Program as the Spin service model was shifting to electric scooter platforms and discontinuing stationless or dockless bike share services. UNT identified another service provider, VeoRide, which currently has partnerships for providing bike share services in a number of communities and university campuses to include the following: University of Kansas, Purdue University, New England College, South Dakota State, Nashua, New Hampshire, and Austin, Texas. UNT is requesting the existing ILA be revised to remove reference to Spin and indicate that UNT, as owner of the bike share program, will provide the City of Denton the name of their bike share service provider partner and provide a management point of contact. As owner of the Bike Share Program, UNT will remain responsible for all operating requirements as established in the ILA and requisite ordinances. The ILA does include two variances to the initial Bike Share Ordinance, Ordinance 18-277; a total number of bikes deployed and the Pilot term of program. The ILA allows the University to have 250 total bikes stationed on campus, but management of the program by UNT staff will ensure that no more than 100 bikes will migrate off campus or be located in City of Denton right-of-way at any one time. The ILA authorizes the Pilot Program to extend through both the Fall 2018 Semester and the Spring 2019 Semester with a program termination on May 31, 2019. Ordinance 18-277 established a six-month Pilot Program which is currently set to expire on September 6, 2018. Extension of the Pilot Program through the spring semester will allow time for sufficient data collection to determine if a more permanent program is warranted in the future and if so, utilize the data to develop a mutually accepted bike share operating agreement. OPTIONS: 1. Approval of a proposed revision to Ordinance 18-903 to remove Spin as the official partner of UNT for providing bike share services. 2. Provide staff with additional direction on language to be included in a proposed ordinance to revise the Interlocal Agreement between the City of Denton and UNT for the Bike Share Pilot Program. 3. Take no action at this time. RECOMMENDATION The Mobility Committee recommends Option 1; approve a proposed revision to Ordinance 18-903 to remove Spin as the official partner of UNT for providing bike share services. PRIOR ACTION/REVIEW (Council, Boards, Commissions) February 20, 2018 Ordinance 18-277 passed by City Council authorizing a pilot bicycle share permit program. April 18, 2018 Council Mobility Committee considered and gave staff direction to bring it forward for Council consideration. June 5, 2018 Ordinance 18-903 passed by City Council authorizing an ILA between UNT and the City of Denton relating to the implementation of a bike share program managed by UNT. July 18, 2018 Council Mobility Committee recommended consideration of the revision to remove Spin from the Interlocal Agreement. SCHEDULE The University of North Texas is interested in having the Bike Share Program operational prior to the start of the fall semester in August 2018. STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Public Infrastructure Related Goal: 2.2 Seek solutions to mobility demands and enhance connectivity EXHIBITS 1. Agenda Information Sheet 2. Ordinance 18-277 3. Ordinance 18-903 City of Denton / UNT ILA for a Bike Share Pilot Program 4. ithdraw of Support 5. Ordinance Respectfully submitted: Mark Nelson Transportation Director EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 EXHIBIT 4 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1192,Version:1 AGENDA CAPTION Consideradoptionofanordinanceapprovinganeasementgrantandabandonmentagreement(“Agreement”) regardingelectricutilityeasement(s)byandbetweenRayzorInvestments,Ltd.,UnitedStatesColdStorage,LP, andtheCityofDenton,withintheJ.PerrySurvey,AbstractNumber1040andtheEugenePuchalskiSurvey, AbstractNumber996,intheCityofDenton,DentonCounty,Texas;authorizingtheCityManagertoexecute theAgreement;andprovidinganeffectivedate.(Westparkareadevelopmentplanning:Paccar(Peterbilt),US Cold Storage, Rayzor Investments, and Retreat at Denton Apartments) City of DentonPage 1 of 1Printed on 8/3/2018 powered by Legistar© Exhibit 1 to the AIS City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Capital Projects CM/ DCM/ ACM: Mario Canizares DATE: August 7, 2018 SUBJECT Consider adoption of an ordinance approving an easement grant and abandonment agreement A Investments, Ltd., United States Cold Storage, LP, and the City of Denton, within the J. Perry Survey, Abstract Number 1040 and the Eugene Puchalski Survey, Abstract Number 996, in the City of Denton, Denton County, Texas; authorizing the city manager to execute the Agreement; and providing an effective date. (Westpark area development planning: Paccar (Peterbilt), US Cold Storage, Rayzor Investments, and Retreat at Denton apartments) BACKGROUND City to abandon and release various easements -wit: a. That certain easement, dated on or about January 3, 2014, from Rayzor Investments, Ltd. and Westpark Group, L.P. to the City of Denton, Texas, recorded as Instrument Number 2014-3990 in the Real Property Records, Denton County, Texas, and a duplicate instrument thereof erroneously recorded as Instrument Number 2014-10106 in the Real Property Records, Denton County, Texas; and b. That certain temporary construction, grading and access easement, dated on or about December 24, 2013, from Rayzor Investments, Ltd. and Westpark Group, L.P. to the City of Denton, Texas, recorded as Instrument Number 2014-4038 in the Real Property Records, Denton County, Texas; The above referenced easements were granted by Rayzor Investments, Ltd. and Westpark Group, L.P. to the City as a planning measure, at no cost to the City, to provide Paccar Inc. (Peterbilt) a route for the relocation of existing City overhead electric transmission facilities crossing a 107.5404 acre tract purchased by Peterbilt from Westpark Group LLC & Rayzor Investments, Ltd., February 4, 2014. The objective of Peterbilt, as part of their 2014 adjacent land tract purchase, was to have the ability to clear overhead electric transmission lines and facilities from that 107 acre purchase tract, should future plans for expansion of their operations conflict with the location of the existing electric facilities. Peterbilt has yet to initiate an undertaking to relocate existing City overhead electric transmission lines encumbering its 107.5404 acre tract and there are no City utility facilities located within the above referenced Abandonment Tracts. Exhibit 1 to the AIS Current develo the Retreat at Denton apartments has given rise to contemplate a future overhead electric transmission line alignment solution more conducive for all parties; and RIL and USCS desire to grant alternative easements infrastructure, should Peterbilt desire to initiate, at their sole cost and expense, a future overhead electric transmission line relocation event; OPTIONS 1.Approve the proposed Ordinance. 2.Decline to approve the proposed Ordinance. 3.Table for future consideration. RECOMMENDATION Staff recommends approval. ESTIMATED SCHEDULE OF PROJECT Presently, there has been no engagement by Peterbilt to the City of Denton requesting an overhead electric transmission line relocation undertaking. Peterbilt continues to operate, relying on the basis that an alternative easement route would be available, should their future expansion plans require an overhead electric transmission line relocation event. The granting of the Alternative Easement(s) maintains a pathway for aPeterbilt solution, going forward. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Easement Abandonment Request (EAR 18-004) submitted to the Development Services Department May 15, 2018, the Development Review Committee recommended approval of abandonment on June 1, 2018, conditioned that the Alternative Easement(s) would be granted in exchange. FISCAL INFORMATION The original easements described in the Abandonment Tract(s) were granted to the City at no cost. The Agreement contemplates the granting of the Alternative Easement(s) to the City at no cost. Any future rearrange STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Economic Development Related Goal: 3.3 Promote a business-friendly environment EXHIBITS Exhibit 1 to the AIS Agenda Information Sheet Exhibit 2 to the AIS Location map Exhibit 3 to the AIS Site map Exhibit 4 to the AIS Narrative letter from applicant Exhibit 5to the AIS Ordinance Exhibit 1 to the AIS Respectfully submitted: Paul Williamson Real Estate Manager Prepared by: Amy B. Parish Sr. Real Estate Analyst Exhibit 2 to the AIS Location Map CITY OF DENTON LOOP 288 UNIVERSITY DRIVE Court House AIRPORT ROAD FM 2449 Westpark Development Area µ 01,1502,3004,600 Feet WESTERN BLVD Exhibit 4 to the AIS Exhibit 5 to the AIS City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1214,Version:1 AGENDA CAPTION Consider approval of a resolution appointing the nomination of an alternative member to the Board of Ethics created in the Code of Ordinances, Chapter 2, Article XI, Section 2-277; and providing an effective date. City of DentonPage 1 of 1Printed on 8/3/2018 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: CM/ DCM/ ACM: Bryan Langley DATE: August 7, 2018 SUBJECT Consider approval of a resolution appointing the nomination of an alternative member to the Board of Ethics created in the Code of Ordinances, Chapter 2, Article XI, Section 2-277; and providing an effective date. BACKGROUND On May 1, 2018, the Denton City Council adopted an Ethics Ordinance (No. 18-757). This ordinance provides a framework to encourage ethical behavior and enforce basic standards of conduct, while providing due process and establishing a Board of Ethics as the oversight entity to administer the ordinance. On July 17, City Council considered ten (10) nominees for the Board of Ethics and passed a resolution appointing nine (9) of those nominees to the Board. Kara Engstrom was an additional nominee submitted by Council Member Armintor whose application did not specify her profession, so City Council requested that staff request an updated application from Ms. Engstrom and resubmit for approval. An updated application is included as Exhibit 3 with the addition of her professional experience as an information technology business analyst. A resolution appointing Kara Engstrom as an alternate member to the Board of Ethics has been included as Exhibit 2 for consideration by City Council. PRIOR ACTION/REVIEW (Council, Boards, Commissions) May 1, 2018 - City Council adopted Ethics Ordinance 18-757. May 11, 2018 - Staff provided information on the timeline and requested nominations by Wednesday, June 13 in the Friday Staff Report. June 4, 2018 Staff sent a follow-up email to remind City Council of the requested date to receive nominations. June 19, 2018- An individual consideration item was submitted to City Council for nominations to the Board of Ethics. Three nominations were submitted. June 26, 2018- An individual consideration item was submitted to City Council for nominations to the Board of Ethics. Four nominations were submitted. July 17, 2018- Additional nominations for the Board of Ethics were considered and nine members were appointed to the Board. STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Organizational Excellence EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Resolution Exhibit 3 Kara Engstrom Application Respectfully submitted: Bryan Langley Deputy City Manager Prepared by: Charlie Rosendahl Management Analyst City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1264,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,approvinganagreementwiththeParksFoundation andtheCityofDenton,TexastoallowtheParksFoundationtoraisefundsonbehalfoftheParksand RecreationDepartment;authorizingtheCityManagerorhisdesigneetoexecutetheParksFoundation Agreement; and providing an effective date. City of DentonPage 1 of 1Printed on 8/3/2018 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Parks and Recreation DCM: Bryan Langley DATE: August 7, 2018 SUBJECT Consider adoption of an ordinance of the City of Denton, approving an agreement with the Parks Foundation and the City of Denton, Texas to allow the Parks Foundation to raise funds on behalf of the Parks and Recreation Department; authorizing the City Manager or his designee to execute the Parks Foundation Agreement; and providing an effective date. BACKGROUND In October 2017, the City of Denton suspended activities with the Parks Foundation so that a comprehensive review of the contractual relationship and business practices could be examined. The City also requested that the Parks Foundation cease any fundraising activities until this review could be completed. The City hired an outside law firm and accounting firm to conduct the review, and the findings of this assessment were presented to the City Council in February 2018. Following the completion of the above described review, the City of Denton resumed discussions with the Parks Foundation regarding their fundraising activities, and staff held several productive meetings with the leadership of the Foundation on these efforts. On May 8, 2018, staff provided a status update on the implementation of the recommendations and requested direction from City Council on the development of the Parks Foundation agreement. City Council provided guidance on how to proceed and directed staff to draft a formal agreement with the Foundation. As directed by City Council, staff prepared a draft agreement with the Parks Foundation, and presented the draft at the July 17 work session. During the work session, the following revisions were requested and have been incorporated into the proposed agreement: Clarifying that the Parks Foundation will provide an itemized accounting of all donations received in their Annual Report; Requiring the Parks Foundation to maintain records that account for the use of any City funding provided to the Parks Foundation; Authorizing the Parks Foundation to employ an executive director and administrative support staff; Providing $61,000 from the City to the Parks Foundation for services rendered in Fiscal Year 2017-2018 and $76,500 for services to be rendered in Fiscal Year 2018-2019; Clarifying that City Council approval is required prior to proceeding with any work that does not fall within the scope of the agreement; Requiring the Parks Foundation to provide training on the terms of the agreement to the executive director, Board of Directors, and administrative staff; Having the City listed as an additional insured on the Parks insurance policy; and Requiring the Parks Foundation to provide any requested information to the Parks and Recreation Director within thirty days of request, barring any conflict with anonymity and Personal Identifiable Information (PII) laws. The proposed agreement, listed below as Exhibit 5, includes an initial term effective until September 30, 2019 and allows the agreement to be renewed for two optional one year renewals upon Council approval. The agreement was written to clarify the respective roles of the Denton Parks and Recreation Department and the Parks Foundation. RECOMMENDATIONS Staff recommends approval of this request. STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Safe, Liveable & Family-Friendly Community Related Goal: 4.4 Provide and support outstanding leisure, cultural, and educational opportunities EXHIBITS Exhibit 1-Agenda Information Sheet Exhibit 2-Summary of Parks Foundation Review Recommendations Exhibit 3-July 17, 2018 Presentation Exhibit 4-Ordinance Respectfully submitted: Bryan Langley Deputy City Manager Prepared by: Gary Packan Director of Parks and Recreation PF COD YSA AG PF COD YSA AG City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1153,Version:1 AGENDA CAPTION ConsideradoptionofanordinancedirectingthepublicationofNoticeofIntentiontoissue$31,810,000in principal amount of Certificates of Obligation of the City of Denton; and providing for an effective date. City of DentonPage 1 of 1Printed on 8/3/2018 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Finance DCM: Bryan Langley DATE: August 7, 2018 SUBJECT Consider adoption of an ordinance directing the publication of Notice of Intention to issue $31,810,000 in principal amount of Certificates of Obligation of the City of Denton; and providing for an effective date. BACKGROUND The proposed ordinance provides the Notice of Intention to issue $31,810,000 in principal amount of Certificates of Obligation (COs) for General Government, Water, Wastewater and Electric projects, as required by state law. The principal amount includes: $31,655,000 for projects costs plus $155,000 for issuance costs. The notice will be published once a week for two consecutive weeks in the Denton Record Chronicle, with the date of the first publication to be at least thirty-one (31) days before the date tentatively set for the passage of the ordinance authorizing the issuance of the bonds. Staff recommends the sale of $31,655,000 in COs. Below is a listing of recommended CO funded projects: 1. Radio System Replacement General Government $ 4,785,000 Water $ 395,000 Wastewater $ 525,000 Electric $ 885,000 Sub-Total $ 6,590,000 2. Fire Station 8 Design $ 500,000 3. Service Center Rehabilitation $ 4,500,000 4. Small Transportation Projects $ 3,250,000 5. Mayhill Bridge at DCTA Crossing $ 5,000,000 6. Police Firing Range $ 620,000 7. Airport Roads Reconstruction $ 1,300,000 8. Street Reconstruction $ 9,895,000 Total $31,655,000 The City sells bonds in accordance with the useful life of the asset that is being acquired. For example, the radios are expected to last for 10 years. For the FY 2017-18 proposed debt issuance: $6,590,000 will be 10 year debt, $25,065,000 will be 20 year debt. In addition, the 20 year debt issues will also have a 9 year call option. If approved by the City Council, staff will proceed with the publication of the Notice of Intention and will schedule the Bond Ordinance for consideration and adoption on September 11, 2018. At that time, it is arrangement, staff will be permitted to execute the bond sale within six (6) months of September 11, 2018 provided certain interest rate parameters are met. conducted. RECOMMENDATION Staff recommends adoption of the ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On July 17, 2018 the City Council approved the sale of these COs to fund the projects listed above. FISCAL INFORMATION The ordinance is for the authorization to publish the Notice of Intention to sell $31,810,000 of Certificates of Obligation for General Government, Water, Wastewater and Electric projects. A notice is only required for the Certificates of Obligation. STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Organizational Excellence Related Goal: 1.1 Manage financial resources in a responsible manner EXHIBITS 1. Agenda Information Sheet 2. Ordinance Respectfully submitted: Antonio Puente, Jr., 349-7283 Director of Finance Prepared by: Kevin Ann Mullen Treasury Manager City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1195,Version:1 AGENDA CAPTION Considernominations/appointmentstotheCity’sBoardsandCommissions:AirportAdvisoryBoard;Animal ShelterAdvisoryCommittee;CommunityDevelopmentAdvisoryCommittee;Health&BuildingStandards Commission;HistoricLandmarkCommission;HumanServicesAdvisoryCommittee;LibraryBoard;Parks, RecreationandBeautificationBoard;PlanningandZoningCommission;PublicArtCommittee;PublicUtilities Board; Traffic Safety Commission; and Zoning Board of Adjustment. City of DentonPage 1 of 1Printed on 8/3/2018 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: City Manager’s Office DCM: Bryan Langley DATE: August 7, 2018 SUBJECT Consider nominations/appointments to the City’s Boards and Commissions: Airport Advisory Board; Animal Shelter Advisory Committee; Community Development Advisory Committee; Health & Building Standards Commission; Historic Landmark Commission; Human Services Advisory Committee; Library Board; Parks, Recreation and Beautification Board; Planning and Zoning Commission; Public Art Committee; Public Utilities Board; Traffic Safety Commission; and Zoning Board of Adjustment. BACKGROUND Exhibit 2 includes the nominations Council has submitted for consideration. Nominations made at this meeting can be voted on should the Council desire. Approval would be contingent on completion of the confirmation process. EXHIBITS Exhibit 1 – Agenda Information Sheet Exhibit 2 – Nominations Sheet Respectfully submitted: Jennifer Walters City Secretary BOARDANDCOMMISSIONNOMINATIONS BoardCouncilMemberNomination BOARDANDCOMMISSIONNOMINATIONS BoardCouncilMemberNomination * * City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:Z18-0010a,Version:1 AGENDA CAPTION Holdapublichearingandconsideradoptionofanordinancetorezoneapproximately0.64acresfroma NeighborhoodResidential4(NR-4)toaDowntownCommercialNeighborhood(DC-N)District.Thesubject propertyisgenerallylocatedonthesouthsideofEastMulberryStreet,approximately50feetwestofWood Street,intheCityofDenton,DentonCounty,Texas;adoptinganamendmenttotheCity’sofficialzoningmap; providingforapenaltyinthemaximumamountof$2,000.00forviolationsthereof;providingaseverability clause and an effective date. (Z18-0010, People’s Funeral Home Expansion, Hayley Zagurski). City of DentonPage 1 of 1Printed on 8/3/2018 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Department of Development Services CM: Todd Hileman DATE: August 7, 2018 SUBJECT Hold a public hearing and consider adoption of an ordinance to rezone approximately 0.64 acres from a Neighborhood Residential 4 (NR-4) to a Downtown Commercial Neighborhood (DC-N) District. The subject property is generally located on the south side of East Mulberry Street, approximately 50 feet west zoning map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. (Z18- Zagurski). BACKGROUND This request is to rezone four lots from NR-4 to DC-N District to facilitate the expansion of an existing funeral home. The current owner of the funeral home, Clifton Maxfield, has operated the funeral home since he purchased it in 2007, and proposes to expand the use onto three adjoining vacant lots in order to enlarge the chapel and to add a parking lot to reduce on-street parking during services. been in operation at 1122 East Mulberry since the 1970s. Funeral homes, or mortuaries, are not permitted within the NR-4 District and were not permitted under the previous SF-7 zoning under the 1969 and 1991 zoning ordinances. Although the use has been in operation for decades, there are no records indicating the use has never been permitted. As a result, the use is not considered a special exception or legal nonconformity. Therefore, no expansion of the use can be permitted The DC-N District is the least intensive district in terms of permitted uses and scale of permitted development that permits the mortuary use; however, an overlay can be assigned limiting the uses and height. Other districts that permit mortuaries are the Downtown Commercial General (DC-G) District, the Community Mixed Use General and Employment (CM-G and CM-E) Districts, the Regional Center Commercial Neighborhood and Downtown (RCC-N and RCC-D) Districts, the Employment Center Commercial and Industrial (EC-C and EC-I) Districts, and the Industrial Center Employment (IC-E) District. Given the uniqueness of this request, Staff finds that an overlay is appropriate to protect the surrounding neighborhood and permit the continuation of a well-established use. The applicant and owner have indicated that they are in favor of overlay restrictions on the requested DC-N District to limit the permitted uses to only mortuaries and to limit the building height to one-story. Further details on the history of the funeral home and a full Staff Analysis of the request is provided in Exhibit 2. OPTIONS 1. Approve as submitted. 2. Approve subject to conditions. 3. Deny. 4. Postpone consideration. 5. Table item. RECOMMENDATION Staff and the Planning and Zoning Commission recommend that City Council approve the request to rezone DC-N with the following conditions: 1. The permitted uses within the DC-N District shall be restricted to Mortuary. 2. The maximum building height shall be limited to one-story. The Planning and Zoning Commission recommended approval of this request with the above stated conditions \[4-0\]. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On July 25, 2018 the Planning and Zoning Commission held a public hearing and recommended approval -0\]. At the public hearing the applicant spoke regarding the request and two members of the public spoke in favor the request. The residents indicated that the funeral home was a vital part of the character of the area and that the neighborhood is in favor of the expansion of the use as would enhance and beautify the area. Numerous other members of the neighborhood who were in support of the request attended the meeting but did not speak. STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Economic Development Related Goal: 3.4 Encourage development, redevelopment, recruitment, and retention EXHIBITS 1. Agenda Information Sheet 2. Staff Analysis 3. Site Location Map 4. Existing Zoning Map 5. Future Land Use Map 6. Proposed Zoning Map 7. Comparison of Permitted Uses 8. Conceptual Site Plan 9. Notification Map and Responses 10. Draft Planning and Zoning Commission Meeting Minutes 11. Presentation 12. Draft Ordinance Respectfully submitted: Richard Cannone, AICP Planning Director Prepared by: Hayley Zagurski Senior Planner 1. PUBLIC HEARINGS: A. Hold a public hearing and consider making a recommendation to City Council regarding a request by Clifton Maxfield and Cli Max Enterprises for a zoning change from Neighborhood Residential 4 (NR-4) to a Downtown Commercial Neighborhood (DC-N) District. The 0.64-acre site is generally located on the south side of East Mulberry Street, approximately 50 feet west of Wood Street, in the City of Denton, Denton County, Texas. (Z18- Expansion, Hayley Zagurski). Chair Strange opened the Public Hearing. Hayley Zagurski, Senior Planner, presented the request. The funeral home currently has 3,260 square foot and would like to add 2,535 square feet. The funeral home has occupied the existing property for over 40 years. There have not been any formal complaints regarding the existing business. Staff recommends approval of the request based on conditions provided in the backup material. Johnnie Brumfield, Applicant, 4545 Shadow Ridge Drive, The Colony, Texas, stated the proposed expansion will help meet the current needs of the funeral home. There is not much parking onsite currently, the plan is to help improve the parking. The development will also visually improve the area. Commissioner Beck referred to the landscape, he questioned if the applicant agrees to the requirements. Brumfield stated they agree, however, they would like a little flexibility in the event it needs to be changed a little during the process. The following individuals did not wish to speak but expressed their support for the request: Mae Shephard, 608 Chambers Street, Denton, Texas. Louis Stokes, 2601 Mingo Road, Apt 102, Denton, Texas. Mable Devereaux, 111 S. Crawford, Denton, Texas. Effie McQueen, 1418 Noble Street, Denton, Texas. Jean Robertson, 2308 Mercedes Road, Denton, Texas. Roland Lucas, 206 S. Wood Street, Denton, Texas. Curtis Himes, 1213 Haggard, Denton, Texas. Ivy Fore, 5409 Galante Lane, Denton, Texas. Doris Parks, 3500 E. McKinney Street, Apt. 9103, Denton, Texas. Shelby Johnson, 1109 E. Hickory Street, Denton, Texas. Rubie Sacks, 1109 E. Hickory Street, Denton, Texas. Marcella Franklin, 317 Mill Street, Denton, Texas. Vanessa Reed, 617 Boardwalk, Denton, Texas. Patrice Tobias, 618 E. Prairie Street, Denton, Texas. The following individuals spoke during the Public Hearing: Cynthia Cochran, 2420 E. McKinney Street, Denton, Texas. Spoke in support. Cochran stated they support the applicant and owners work on this project. She stated they are excited to see the expansion, it will add more parking and enhance the appearance of the area and City. Kim McKibben, 1306 W. Hickory Street, Denton, Texas. McKibben stated she was in opposition to the request, however, if staff can assure that high density apartments would not be developed on the site based on the allowed zoning uses then she would be in support of the request. The proposed funeral home is nice looking. McKibben stated she has concerns for the neighborhood regarding commercial uses. She also has concerns with the proposed ingress and egress to the site, she would recommending flip flopping the proposed point of ingress and egress. Reginald Logan, 705 Park Lane, Denton, Texas. Spoke in support. The proposed development will enhance and help build support in the neighborhood. This is an applicant and owner that wants to be a part of the City and this neighborhood. This will help the entire City and not just southeast Denton. There was no one else to speak, Chair Strange closed the Public Hearing. Commissioner Beck stated he would motion to approve the request based on however, he would like some reassurance from staff to help protect the neighborhood from being encroached upon by commercial development. Chair Strange stated that suggestion would not be included in the motion, it could be recommended for the project matrix. Richard Cannone, Planning Director, stated it would be added to the matrix. Commissioner Sanchez stated he resides in east Denton, which is unique like southeast Denton, the neighborhoods are basically their own community. He stated he would also vote for approval of this request. Commissioner Ellis thanked the citizens for speaking on behalf of the project, she stated she would be voting in support as well, it will be a wonderful project. Chair Strange reminded the citizens that the item will also go before City Council for the final approval, he recommended they attend that meeting as well and provide their feedback. Commissioner Larry Beck motioned, Commissioner Alfredo Sanchez seconded to approve the request based on 1. The permitted uses within the DC-N district shall be restricted to Mortuary; and 2. The maximum building height shall be limited to one-story. Motion approved (4-0). Commissioner Alfredo Sanchez "aye", Commissioner Larry Beck "aye", Chair Jim Strange "aye", and Commissioner Margie Ellis "aye". Planning Staff Analysis Z18-0010/ City Council District 1 August 7, 2018 REQUEST: Hold a public hearing and consider adoption of an ordinance to rezone approximately 0.64 acres from a Neighborhood Residential 4 (NR-4) to a Downtown Commercial Neighborhood (DC-N) District. The subject property is generally located on the south side of East Mulberry Street, approximately 50 feet west of Wood Street, in the City of Denton, Denton County, Texas; adopting an amendment to the City of $2,000.00 for violations thereof; providing a severability clause and an effective date. (Z18- OWNER: Clifton Maxfield and Cli Max Enterprises APPLICANT: Johnnie Brumfield, Brumfield and Associates BACKGROUND: This request is to rezone four lots from NR-4 to DC-N District to facilitate the expansion of an 2 East Mulberry since the 1970s. The current owner of the funeral home, Clifton Maxfield, has operated the funeral home since he purchased the property in 2007, and he proposes to expand the use onto three adjoining vacant lots in order to enlarge the chapel and to add a parking lot to reduce on-street parking during services. A conceptual site plan for the proposed expansion is provided in Exhibit 8. Funeral homes, or mortuaries, are not permitted within the NR-4 District and were not permitted under the previous SF-7 zoning under the 1969 and 1991 zoning ordinances. Although the use has been in operation for decades, there are no records indicating the use has never been permitted. As a result, the use is not considered a special exception or legal nonconformity. Therefore, no Subdivision. Prior Undertaking and Funeral Parlor, which dates back to the 1930s in the Quakertown area. According eed records, the subject property on E. Mulberry Street was purchased by Fred Hill in 1974. The mortuary business was relocated at this time, and the existing approximately 3,200 square foot structure was converted to a funeral home and has been in operation since. According to the Denton County Appraisal District, the structure was built in 1954. There are two parking spaces on site, and parking during funeral services is accommodated on the neighborhood streets. With the adoption of the 1969 Zoning Ordinance, the subject property was zoned SF-7 District, which did not permit funeral homes/mortuaries. This zoning was in place when Fred Hill purchased the property and opened the funeral home in 1974. Historical records, including a certificate of occupancy, were not found to indicate how or if the use was originally permitted by the City. Available records from this time period are limited for the Solomon Hills area. In 1999, the Council adopted The Denton Plan 1999-2020 as a new comprehensive plan, in anticipation of the later city-wide rezoning in 2002. For the first time, this comprehensive plan recognized the value of moving away from rigid Euclidean separation of suburban uses and toward a more urban model of mixed uses and walkable communities, particularly in the downtown core and neighborhood centers - balancing residential and non-residential uses, such that essential services are close to residential areas. The first policy articulated was a recognition that diversity brings strength, but that existing neighborhoods should be preserved. In numerous public hearings leading up to the 2002 adoption of the Denton Development Code and the city- as lying within a currently existing residential neighborhood. As new zoning districts were created to approximate existing zoning restrictions and uses, this use was never identified or evaluated. Consequently, it was assigned NR-4 zoning by default, notwithstanding the fact that the 1999 Comprehensive Plan identified numerous goals and policies that might well have led to the assignment of a different initial zoning classification, had that existing use and its relationship to the existing neighborhood been considered in those contexts. The assumptions of the 1999 Comprehensive Plan were carried forward to the now current Comprehensive Plan without material change, in relationship to this existing neighborhood and uses. Since purchasing the property in 2007, the current owner, Clifton Maxfield, has also purchased three vacant lots on the same block in hopes of expanding the funeral home chapel space and adding a parking lot to limit the amount of on-street parking within the neighborhood. The City has found no documented cases of complaints about the funeral home use in its current location. In 2017, a commercial alteration permit was applied for but was not sent for review because the scale of the additions triggered the need for a Site Plan submittal. The following March, Planning staff received a request from Brumfield & Associates, on behalf of the property owner, to expand expansion included at least 2,500 square feet of building that would house a chapel as well as a parking lot. The request to expand onto adjoining lots could not be approved administratively since the use is not permitted under the current NR-4 zoning. Staff explored many options to facilitate the expansion request, including the possibility of a variance through the Board of Adjustment or deeming the use a Special Exception. After many discussions with City Legal staff, it was determined that neither of these options were applicable or legally viable, so the only means of legalizing the use to permit the proposed expansion would be either an amendment to the Denton Development Code text or a rezoning. The DC-N District is the least intensive district in terms of permitted uses and scale of permitted development that permits the mortuary use; however, an overlay can be assigned limiting the uses and height. Other districts that permit mortuaries are the Downtown Commercial General (DC-G) District, the Community Mixed Use General and Employment (CM-G and CM-E) Districts, the Regional Center Commercial Neighborhood and Downtown (RCC-N and RCC-D) Districts, the Employment Center Commercial and Industrial (EC-C and EC-I) Districts, and the Industrial Center Employment (IC-E) District. The applicant and owner have indicated that they are in favor of overlay restrictions on the requested DC-N District to limit the permitted uses to only mortuaries and to limit the building height to one-story. SITE DATA: The subject property is a total of approximately 0.64 acres and is comprised of Lots 3, 5, 7 and 8 of Block 1 of the Solomon Hill Addition No. 3. Funeral Home, and Lots 5, 7, and 8 are currently vacant. The entire 0.64 acres is currently zoned NR-4 District, which is a moderate density residential district that permits primarily single-family dwellings. Other residential uses such as duplexes and accessory dwellings are permitted with limitations. Funeral homes are classified as a Mortuary use in the DDC, which is not permitted in the NR-4 District. The property has approximately 150 feet of frontage on East Mulberry Street and approximately 50 feet of frontage on East Sycamore Street. Both streets are classified as residential street and require 55 feet of right-of-way. SURROUNDING ZONING AND LAND USES: Northwest: North: Northeast: Zoning: NR-4 District Zoning: NR-4 District Zoning: NR-4 District Use: Single-family residential Use: E. Mulberry St. and Use: Single-family residential single-family residential West: East: Zoning: NR-4 District Zoning: NR-4 District SUBJECT PROPERTY Use: Single-family residential Use: Single-family residential and a vacant lot and a vacant lot Southwest: South: Southeast: Zoning: DC-G District Zoning: NR-4 District Zoning: NR-4 District Use: Carl Young Sr. Park Use: E. Sycamore St. and Carl Use: Carl Young Sr. Park Young Sr. Park CONSIDERATIONS: 1. The request is for a rezoning from NR-4 District to DC-N District to facilitate the expansion of an existing funeral home onto three adjoining lots. As described above, the existing funeral home has been in operation on Lot 3 since the 1970s. 2. Section 35.3.4.B of the DDC provides the following criteria for approval of rezoning request: a. The proposed rezoning conforms to the Future Land Use element of The Denton Plan. The Future Land Use designation for the subject property is Low Density Residential, which arguably reflects the failure of the 2002 rezoning to identify and harmonize existing uses, and their relationship to existing neighborhoods. This designation applies to insular areas of established neighborhoods and areas intended for new neighborhoods with a density of one to four dwelling units per acre. The Solomon Hill No. 3 Addition is currently developed with primarily single-family dwellings at a density of approximately 5 units per acre. The Downtown Commercial Neighborhood District does not conform to the assigned future land use designation. The DC-N District permits a variety of moderate-to-high density residential use such as townhomes, duplexes, and multi- family development of up to 72 dwelling units per acre. The district also permits a wide array of commercial and institutional uses as is outlined in Exhibit 7. The scale of development permitted in the DC-N District is not only inconsistent in terms of density, but also building height (up of 100 feet permitted by right), lot coverage (maximum 80%), and the small lot size (2,500 square feet) permitted. However, the Denton Plan 2030 specifies that churches and places of worship are permitted by right in Low Density Residential areas. Funeral homes are not-only often religiously affiliated, but they also tend to function is a fashion very similar to churches in the frequency of services and relatively low traffic generation at other times of day. Additionally, one of the criteria for Low Density Residential areas in the Denton Plan 2030 is the maintenance of the character of existing neighborhoods. It can be reasonably inferred from the history of this funeral home that it is an integral part of the character of not just this neighborhood but also the greater African American community of Denton. Moreover, the criterion set out at DDC 35.3.4.B.2.a., of conformity to the Future Land Use element of the Denton Plan only identifies one narrow element of the Comprehensive Plan, rather than considering conformity of the amendment to the Comprehensive Plan as a whole, as anticipated by the statute at §211.004(a) of the Texas Local Government Code. There is no requirement in the statute to constrain this conformity inquiry to a future land use element in isolation. Thus, notwithstanding the failure of the future land use map to identify and consider this existing use or the vitality of its relationship to the existing neighborhood, the principles and goals underlying the comprehensive plan used to establish current zoning arguably support the requested reclassification of zoning. b. The proposed rezoning facilitates the adequate provision of transportation, water, sewers, schools, parks, other public requirements, and public convenience. Water, sewer, and roadway access are available to the subject property. The existing funeral home is currently served by City utilities. The expansion of the facility and the redevelopment of the three vacant lots is not expected to have any negative impact on public infrastructure. 3. When a rezoning request does not conform to the Future Land Use designation for the property, which this request does not, then there are additional criteria provided in Section 35.3.3.B.3 that must be examined. The following criteria are intended to evaluate the competing interests of public health, safety, morals, and general welfare against the right to the use of the property: a. The existing land use pattern surrounding the property and the possible impact on existing or future development or uses that are in accordance with existing regulations. The Solomon Hills area in Southeast Denton is primarily developed with single- family residences. Carl Young Sr. Park is located to the south of the subject property, and there is a small multi-family development located a few blocks to the north of the subject property along Home and a few small churches also currently exist in the area. Without overlay restrictions, the rezoning to DC-N District could serve as a catalyst for substantial change in the surrounding area. The DC-N District permits uses such as restaurants, medical clinics, multi-family residential that are not consistent with the character of the existing well-established neighborhood. Within the same block as the subject property there are at least three other vacant lots that would seem to be easy targets for proposed rezonings and redevelopment should the current proposal be approved. However, with strict overlay restrictions limiting the permitted uses and scale of development, the rezoning and proposed expansion of the existing funeral home would not substantially alter the character of the area. b. The possible creation of an isolated district unrelated to adjacent and nearby districts. Rezoning the subject property to DC-N District would create an isolated pocket of Downtown Commercial zoning within a Neighborhood Residential area. -evaluate the legitimacy of such a circumstance. These factors vary, but often include: the size of the rezoned parcel, whether the rezoning served a public need, purpose, or the general public welfare, whether it is compatible with the surrounding area, and whether it is consistent with the comprehensive plan. Again, recognize that State law measures consistency against the comprehensive plan as a whole. In this case, the subject property is under one-acre in size but consists of multiple lots. While the property is small, the concept plan provided in Exhibit 8 demonstrates that the site can be developed in accordance with DDC regulations for buffering and landscape screening to reduce impacts to surrounding residential properties. In terms of serving the public need or good, it is apparent that rezoning to facilitate a because this would greatly reduce on-street parking. The funeral home currently only has two on-site parking spaces, so it is colloquially known that during funeral services the neighborhood streets become congested and somewhat impassible. This is not only a potential nuisance, but also a safety hazard should emergency response vehicles not be able to access the area due to on-street parking. Additionally, the use has compatibly served a public need for over 40 years at the current location. The other commonly examined factors, compatibility with the surrounding area and consistency with the comprehensive plan, are discussed in detail elsewhere in this report. c. The population density in order to facilitate the adequate provision of transportation, water, sewer, schools, parks, public convenience, and other public requirements. A straight rezoning to DC-N District could have substantial impacts on the population density of the area since DC-N District permits up to 72 dwelling units per acre as opposed to NR- However, overlay restrictions to preclude any use besides Mortuary would eliminate this issue. The proposed expansion of the existing funeral home would not impact the population density of the area but is likely to improve current street conditions in the area by providing off-street parking. d. The cost to the City and other governmental entities in providing, improving, increasing or maintaining public utilities, schools, streets and other public safety measures. Necessary public infrastructure already exists in the area, and the proposed expansion is not anticipated to incur any costs to the City for utilities, schools, or streets. Any additional right-of-way dedication or improvements to the sidewalks in this area will be determined during the replat process. e. The possible impact on the environment, including but not limited to, drainage, soil erosion and sedimentation, flooding, air quality and water quantity. There are no environmentally sensitive areas on the subject property. The proposed rezoning and expansion of an existing use is not expected to generate any negative environmental impacts. Drainage and erosion control plans will be reviewed by staff as a part of the building permit process if the rezoning request is approved. f. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning or that proposed by the Future Land Use Map. exists on a portion of the subject property. Although the three vacant lots could be developed with single-family residences in accordance with the current NR-4 zoning and the Low Density Residential Future Land Use Designation, the current owner is interested in expanding the existing -street parking for the existing use. Again, it is important to recognize that the failure of the 2002 rezoning and future land use maps to identify and evaluate this existing use in relationship to its existing neighborhood may well have been an oversight. In the context of a city-wide rezoning effort, initial zoning classifications are assigned by default to approximate the prior zoning restrictions, unless someone brings an inconsistency to the of zoning was challenged and adjusted in cases such as this. The fact that numerous underlying principles of the 1999 comprehensive plan arguably supported the initial assignment of a compatible zoning classification in 2002 weighs in favor. The whole point of requiring zoning classifications to conform to a comprehensive plan is to avoid zoning decisions that could be attacked as arbitrary and capricious. Ironically, in this case, forcing the consideration of this request to a future land use map that may have based assumptions on prior zoning by default, rather than to consider changed circumstances, could be considered arbitrary as well, particularly in light of the guiding goals and principles of the 1999 comprehensive plan. The Denton Plan 2030 does acknowledge that churches and places of worship are permitted by right in Low Density Residential areas. In terms of land use pattern and functionality, funeral homes are very similar to a place of worship. Additionally, one of the criteria for Low Density Residential areas in the Denton Plan 2030 is the maintenance of the character of existing neighborhoods. Given the 40-e at its current location in the Solomon Hill neighborhood, it is reasonable to assume that the funeral home is an integral or enforcement actions against the funeral home beyond two notices of violation given for parking on the vacant lot to the west of the funeral home. Due to a lack of records for this time period and area, staff could not confirm the use was ever legally permitted, although it has been in continuous operation for over 40 years. It is also worth noting that the City underwent a City-wide rezoning in 2002. The funeral home has been in operation within the Solomon Hills neighborhood since at least 1974, so it was known and well established at the time of the 2002 rezoning. Despite this knowledge, the opportunity was not taken to legalize the use at that time by assigning a non-residential or mixed-use zoning to the property. As a result of this oversight, the existing funeral home continued to be an illegal nonconformity which prevents the owner from performing much-needed improvements to the business. An opportunity to address the situation was missed again with the adoption of the Future Land Use element of the Comprehensive Plan in 2015, which could have spoken to situations where long-standing community service uses exist within well-established neighborhoods. g. The action shall be made with reasonable consideration of the character of the district and its peculiar suitability for particular uses, and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the City. The existing funeral home is a well-established use that appears to be an integral part of the character of the Solomon Hill neighborhood. Given the unique history of the funeral home and the broader Solomon Hills area, a rezoning to DC-N to legalize a well-established use and permit its expansion appears suitable so long as restrictions are imposed to minimize the risk of any new uses being introduced to the area. 4. A funeral home currently exists on a portion subject property, so there would not be a new use introduced to the area. The proposed expansion would not introduce a new use, and it would alleviate current parking issues in the area by providing on-site parking for the funeral home. An overlay could be applied to the requested DC-N District to restrict the permitted uses to only Mortuaries, which would protect the surrounding neighborhood from the introduction of new uses. Additional conditions could be imposed to restrict the building height to one-story to maintain consistency with the scale of the development in the area. The expansion would be required to comply with all of the site design criteria in the DDC. STAFF RECOMMENDATION: While Staff does not have the authority to recommend overlay conditions, given the uniqueness of this request Staff finds that an overlay is appropriate to protect the surrounding neighborhood and permit the continuation of a well-established use. The applicant and owner have indicated that they are in favor of the following overly restrictions: 1. The permitted uses within the DC-N District shall be restricted to Mortuary. 2. The maximum building height shall be limited to one-story. Therefore, staff recommends that the Planning and Zoning Commission and City Council consider approving the requested DC-N District with the above proposed overlay restrictions. PUBLIC NOTIFICATION: To comply with the public hearing notice requirements, 32 notices were sent to property owners within 200 feet of the subject property, 71 courtesy notices were sent to physical addresses within 500 feet of the subject property, a notice was published in the Denton Record Chronicle, and signs were placed on the property. One written response was received in favor of the request, and one written response was received in opposition to the request as of the issuance of this report. The responses are attached in Exhibit 9. th The applicant held a neighborhood meeting on Saturday, June 9 at 1122 E. Mulberry Street at 5:00 p.m. Eight people attended the meeting and none expressed concerns or opposition to the request. On July 25, 2018 the Planning and Zoning Commission held a public hearing and recommended -0\]. At the public hearing the applicant spoke regarding the request and two members of the public spoke in favor the request. The residents indicated that the funeral home was a vital part of the character of the area and that the neighborhood is in favor of the expansion of the use as would enhance and beautify the area. Numerous other members of the neighborhood were in attendance at the meeting but did not speak. Z18-0010 Site Location HICKORY 050100200 Feet SITE µ Parcels Roads Date: 6/25/2018 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Z18-0010 Existing Zoning Map NRMU-12 HICKORY CM-G NR-4 NRMU 050100200 Feet SITECM-GNRMU µ DC-GNRMU-12 Parcels NR-4 Roads Date: 6/25/2018 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Z18-0010 Future Land Use Map Downtown Compatibility Area OAK Downtown Denton Government / Institutional SYCAMORE Parks / Open Space Low Residential 0125250500 Feet SITENeighborhood Mixed Use Future Land Use µ Business Innovation Low Residential Parcels Government / Institutional Downtown Denton Roads Parks / Open Space Downtown Compatibility Area Date: 6/25/2018 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Z18-0010 Proposed Zoning Map NRMU-12 HICKORY CM-G NR-4 NRMU 050100200 Feet SITECM-GNRMU µ DC-GNRMU-12 Parcels DC-N NR-4 Roads Date: 6/25/2018 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. bwЍ5/b wĻƭźķĻƓƷźğƌ ƭĻƭ Agriculture PP Livestock L(7)L(7) SinglefamilyDwellings PN AccessoryDwellingUnits SUP/L(1)N AttachedSinglefamily Dwellings SUPP DwellingsaboveBusinesses NP Live/WorkUnits NP Duplexes L(3)P CommunityHomesforthe Disabled PP GroupHomes NN MultifamilyDwellings NL(5) FraternityorSororityHouse NP Dormitory NP ManufacturedHousing Developments NN bwЍ5/b /ƚƒƒĻƩĭźğƌ\[ğƓķ ƭĻƭ HomeOccupation PP SaleofProductsGrownon Site NN Hotels NN Motels NN BedandBreakfast NP RetailSalesandService NL(17) MovieTheaters NSUP Restaurant NL(11) PrivateClub NL(11) Bar NL(11) DriveThroughFacility NN ProfessionalServicesand Offices NL(17) QuickVehicleServicing NN VehicleRepair NN AutoandRVSales NN LaundryFacilities NP EquestrianFacilities NN OutdoorRecreation PN IndoorRecreation NN MajorEventEntertainment NN CommercialParkingLots NL(28) AdministrativeorResearch Facilities NL(14) BroadcastingorProduction Studio NP SexuallyOrientedBusiness NN SelfserviceStorage NN TemporaryUses L(38)L(38) CraftAlcoholProduction bwЍ5/b LƓķǒƭƷƩźğƌ\[ğƓķ ƭĻƭ Printing/Publishing NN Bakeries NL(21) ManufactureofNon OdiferousFoods NN FeedLots NN FoodProcessing NN LightManufacturing NN HeavyManufacturing NN WholesaleSales NN WholesaleNurseries NN Distribution Center/Warehouse, General NN Warehouse,Retail NN SelfServiceStorage NN ConstructionMaterials Sales NN JunkYardsandAuto Wrecking NN L(27)L(27)L(27) Kennels NN VeterinaryClinics NL(26) SanitaryLandfills, CommercialIncineratiors, TransferStations NN CompressorStations NN CraftAlcoholProduction NSUP GasWells L(27)L(27) bwЍ5/b LƓƭƷźƷǒƷźƚƓğƌ\[ğƓķ ƭĻƭ BasicUtilities L(25)SUP CommunityService NP ParksandOpenSpace PP Churches PP SemiPublicHalls,Clubs, andLodges SUPP Business/TradeSchool NL(26) AdultorChildDayCare SUPP Kindergarten,Elementary School SUPP MiddleSchool NP HighSchool NN Colleges NSUP Conference/Convention Centers NSUP Hospital NP ElderlyHousing NL(13) MedicalCenters NP Cemeteries NN Mortuaries NP WECS(freestanding monopole) SUPSUP WECS(buildingmounted) SUPSUP ElectricSubstations& SwitchStations L(43)L(43) BasicUtilities bwЍ5/b DĻƓĻƩğƌwĻŭǒƌğƷźƚƓƭ MinimumLotArea(square feet) 7,0002,500 MaximumDensity 472 MaximumFAR MaximumLotCoverage 60%80% MinimumLandscapedArea 40%20% 100 MaximumBuildingHeightfeet/L(33) 40feet L(1)=Accessorydwellingunitsarepermitted,subjecttothefollowingadditional criteria: 1.Theproposalmustconformwiththeoverallmaximumlotcoverageand setbackrequirementsoftheunderlyingzone. 2.Themaximumnumberofaccessorydwellingunitsshallnotexceedone(1) perlot. 3.Themaximumgrosshabitablefloorarea(GHFA)oftheaccessoryresidential structureshallnotexceedfifty(50)percentoftheGHFAoftheprimaryresidence onthelot,andshallnotexceedonethousand(1,000)sq.ft.GHFAunlessthelot meetstherequirementsofL(1).5. 4.One(1)additionalparkingspaceshallbeprovidedthatconformstotheoff streetparkingprovisionsofthisChapter. 5.Themaximumgrosshabitablefloorarea(GHFA)oftheaccessoryresidential structureshallnotexceedfifty(50)percentoftheGHFAoftheprimaryresidence onthelot,wherethelotsizeisequaltoorgreaterthanten(10)acresinsize.An SUPisnotrequiredforsuchanaccessoryresidentialstructurewherethelotsize isequaltoorgreaterthanten(10)acres. L(3)=Inpartofasubdivisionoftwo(2)acresormore,uptotwo(2)unitsmaybe attachedbyacommonwallifthelotswhichcontaintheattachedstructuresdo notabuttheperimeterlotlinesofasubdivision,theindividualcommonwallunits areonseparatelotsdesignedtobesoldindividually,andtheycomplywiththe Subchapter13.Additionally,unitsmusthavetheappearanceofasinglefamily residencefromthestreet. L(5)=Withinthisdistrictthedensityofapartmentswillbecalculatedasone(1) bedroomequatingtoonehalf(.5)unit. L(7)=Limitedtotwo(2)animalsonparcelsone(1)tothree(3)acresinsize. Additionalanimalsmaybeaddedatarateofone(1)pereachacreoverthree(3). L(11)=Limitedtositdownonly,andnodriveupservicepermitted.Limitedtono morethanonehundred(100)seatsandnomorethanfourthousand(4,000) squarefeetofrestaurantarea. L(13)=Usesarelimitedtonomorethanfiftyfivethousand(55,000)squarefeet ofgrossfloorareaperlot. L(14)=Usesarelimitedtonomorethantenthousand(10,000)squarefeetof grossfloorarea. L(17)=Usesthatexceedtwentyfivethousand(25,000)squarefeetofgrossfloor areaperuserequireapprovalofaSUP. L(21)=Bakeryandbottlingareasnottoexceedtwothousandfivehundred (2,500)squarefeet.Salesonpremisesofproductsproducedrequiredinthiszone. L(26)=Usesarelimitedtonomorethantwothousandfivehundred(2,500) squarefeetofgrossfloorareaperlot. L(27)=MustcomplywiththeprovisionsofSubchapter89,GasWellDrillingand Production. L(28)=Useallowedaspartofconsolidatedparkingplan. L(38)=MustmeettherequirementsofSection35.12.9. L(43)=ElectricSubstationsandSwitchStationsarepermittedsubjecttothe followingcriteria: 1.AnapplicantshallberequiredtosubmitanapplicationforaSpecificUse PermitpursuanttoSubsection35.6inaccordancewithproceduressetforthin Subsection35.3.4unlessitisabletomeetthefollowingrequirements: A.UseofthepropertyisassociatedwithaCityCouncilapprovedCapital ImprovementsPlan(CIP)orotherCityCouncilapprovedMasterPlan;and B.ApublichearingwasheldattheCityCouncilfortheselectionofthesiteto include: i.Writtennoticeofthepublichearingwasprovidedtopropertyownerswithin twohundred(200)feetandphysicaladdresseswithinfivehundred(500)feetof thesubjectpropertyatleasttwelve(12)dayspriortopublichearing;and ii.Asignadvertisingthepublichearingwaspostedonoradjacenttothe propertyatleasttwelve(12)dayspriortothepublichearing. C.Aneighborhoodmeetingwasheldatleastfifteen(15)dayspriortothe publichearingatCityCouncilfortheacquisitionofthesite. 2.AllElectricSubstationsorSwitchStationsshallcomplywiththefollowing developmentrequirements: 1.Theproposedelectricsubstationorswitchstationshallsubstantiallycomply withallofthedevelopmentandregulatorystandardsestablishedinSubchapter 24;and 2.Asiteplandemonstratingsubstantialconformancewithalltheapplicable designstandardsidentifiedinSubchapter24shallbesubmitted. S:\\2018 Funeral Home\\Architectural\\Elevations 3D.dwg, 5/15/2018 3:54:33 PM ONE WAY ONE WAY ONE WAY ONE WAY ONE WAY ONE WAY ONE WAYONE WAY S:\\2018 Funeral Home\\Architectural\\Site Plan.dwg, 5/15/2018 3:48:52 PM Corridor S:\\2018 Funeral Home\\Architectural\\Propos Addition.dwg, 5/15/2018 3:50:48 PM Z18-0010 Notification Map HICKORY 200ft Buffer 500ft Buffer 050100200 Feet SITE ± Parcels Roads Date: 6/25/2018 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement.