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2018-08-14 Agenda with Backup
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McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1125,Version:1 AGENDA CAPTION Receiveareport,holdadiscussionandgivestaffdirectionregardingtheimplementationofstandard constructionspecificationsandcontractdocumentationforconstructionofallCityofDentoncapitalprojects and public infrastructure. City of DentonPage 1 of 1Printed on 8/10/2018 powered by Legistar© City of Denton CityHall 215E.McKinneyStreet Denton,Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Capital Projects CM/DCM/ACM: Todd Hileman DATE: August 14, 2018 SUBJECT Receive a report, hold a discussion and give staff direction regarding the implementation of standard construction specifications and contract documentation for construction of all City of Denton capital projects and public infrastructure. SUMMARY The purpose of this work session is for staff to brief the Council on benefits of establishing standard specifications for construction of public infrastructure. These specifications would replace multiple construction specifications currently used on capital projects while also providing standardized construction bid documents and contracts for construction of public infrastructure. BACKGROUND Construction specifications are the foundation of constructing public infrastructure. These specifications describe in detail the work to be performed, accepted construction methods, how quality of construction is determined, how the work will be measured, and how the work will be paid. The more clearly and plainly these items are described, the better the understanding a contractor bidding a project will have of the expectations and ground rules required by the City during the bidding process. Clearly defined specifications minimize change orders which, by extension, reduces potential risks incurred by the City with respect to increases in scope, budget and schedule. The City of Denton currently utilizes multiple sets of specifications to construct public infrastructure leading to confusion and complication between the City and its general contractors during construction. This typically comes in the form of referencing the North Central Texas Council of Governments’ (NCTCOG) Public Works Specifications with addendums specifically required by the City of Denton that either modify add to, or completely changes certain portions of the NCTCOG specifications. In addition to these specifications, references are also made to other specifications \[i.e. Texas Department of Transportation (TXDOT), Manual on Uniform Traffic Control Devices (MUTCD), Texas Accessibility Standards (TAS), etc…\] and special specifications that pertain only to a specific project. The complication of having multiple specification references causes potential misunderstanding between the contractor and the City from the beginning of the project and is one of the most frequent causes of change orders shortly after construction begins. As part of this effort, all construction contracts and bid documents will need to be revised as these documents reference each other throughout. When bidding a project, a complete project manual is assembled for bidders to thoroughly understand the terms and conditions of the contract, the minimum requirements of the contractor to perform the work, and the specifications that must be met for the City to accept the work. To further reduce misunderstanding through the bid process, these documents would be assembled in the Construction Standards Institute’s (CSI) general format. The CSI format is well known in the construction industry and relies on putting all specifications and documents required to contract a construction project into uniform divisions and chapters that are consistent regardless of the project. Establishing City of Denton standard specifications follows the path already established in improving the tools, communication and expectations of the City with regard to construction of public infrastructure. In the summer and fall of 2017, the City Council approved a complete update of all the City of Denton’s design criteria manuals and construction details. The final piece in this effort is the complete overhaul of the City’s construction specifications and contract documents. These documents will be utilized by every public works project the City is engaged in executing, and will be utilized by the private development community when constructing infrastructure to be accepted and maintained by the City when their project is complete. As with the City’s design criteria manuals, the construction specifications will be updated on an annual basis. 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 1. Agenda Information Sheet 2. Presentation Respectfully submitted: W. Todd Estes, 8917 City Engineer City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1221,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 8/10/2018 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 14, 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 and a second work session on August 7, 2018. The purpose of this agenda item is to provide the City Council an additional opportunity for questions and dialogue on the FY 2018-19 City -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 I lo-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 2. Budget Follow-Up Memorandum 3. Presentation Respectfully submitted: Antonio Puente, Jr., 349-7283 Director of Finance Finance Department 215 E. McKinney St., Denton, TX 76201 (940) 349-8531 MEMORANDUM DATE: August 14, 2018 TO: Honorable Mayor and Members of the City Council FROM: Antonio Puente, Jr., Director of Finance SUBJECT: City Council Budget Questions and Responses Information regarding the FY 2018-19 Preliminary Budget was presented to the City Council on th, ththththth June 5and July 17. Department presentations have been presented on June 5, 6, 13, 20, thththndnd 27, July 18, and 25, and Aug 2, 2018. The Proposed Budget was presented on August 2. Below is a summary of the most recent questions and requests, from the City Council as I understand them, and the responses compiled to date. 1. Please provide a list of members of the Aquatics committee. The list of members of the Aquatics committee is as follows: Gary Packan Laura Behrens Dr. Richard Valenta DISD Deputy Superintendent Debbie Monschke DISD Assistant Superintendent of Admin. Services th The Committee is working on identifying a 5 member which will be a joint selection between the City and DISD. 2. Please provide information on the costs for Council and other public meeting meals. Meal Report for City Council, Boards and Commissions City Council requested information regarding the amount that is spent on meals for City Council and other legislative bodies. The table below describes the estimated meal expenditures for the various legislative bodies that total over $1,000 annually; there are some minimal food expenditures for other boards and commissions that have not been included in the analysis. OUR CORE VALUES Integrity Fiscal Responsibility Transparency Outstanding Customer Service Finance Department 215 E. McKinney St., Denton, TX 76201 (940) 349-8531 Meals are typically provided when legislative bodies hold meetings between 11:00 a.m. 1:00 p.m. or 5:00 p.m. 7:00 p.m. as a courtesy to those members for being there during what is typically lunch or dinner times. When ordering meals for City Council, the staff orders for the seven council members, City Manager, City Attorney, City Secretary, and other staff that are required to attend or present for the meetings. Other boards and commissions meet less frequently and do not have the same staffing requirements as the City Council, resulting in lower expenditures per meeting. 3. Please provide information on how to expand the advertisement of Community Development programs. Current efforts: Information on City of Denton website; Quarterly newsletters available in City buildings and sent out to the following: o low/mod residents that have participated in CD programs; o non-profit organizations o neighborhood associations o churches o real estate agents o mortgage companies Events and other information posted on Denton Record-Chronicle; Provision of information to residents by the Community Improvement Services Division. Training of Customer Service Representatives on housing programs Program Information on DTV Program information at public events Expansion will include: Additional contractor communication/outreach; Provision of information to other City departments though staff presentations/discussions; OUR CORE VALUES Integrity Fiscal Responsibility Transparency Outstanding Customer Service Finance Department 215 E. McKinney St., Denton, TX 76201 (940) 349-8531 Directly email program information to service agencies and request that they provide it to clients; Outreach and provision of information to schools. 4. Please provide information on how much has been spent assisting households for Community Development. Please provide information on the 96 households that were assisted and the metrics. Please see Attachment 1, ISR No. 2018-089 dated 7/20/2018 5. Please provide information on the list of all department maintenance for ROW and what they spend and service provided. st This information will be provided at the August 21 City Council Meeting. 6. Please provide information on the total cost for the School Resource Officers and how the costs are split with DISD. The current contract, effective July 1, 2017 through June 30, 2018, requires Denton Independent School District (DISD) to reimburse the City of Denton for 50 percent of the annual salary and benefits for three School Resource Officers (SROs) assigned to the following high school campuses: 1) Denton High School 2) Ryan High School 3) Guyer High School A new contract with DISD, effective July 1, 2018 through June 30, 2019, requires reimbursement at 50 percent of annual salary and benefits for three additional School Resource Officers (SROs) assigned to DISD middle school campuses. 1) Calhoun Middle School 2) McMath Middle School 3) Strickland Middle School OUR CORE VALUES Integrity Fiscal Responsibility Transparency Outstanding Customer Service Finance Department 215 E. McKinney St., Denton, TX 76201 (940) 349-8531 Estimated FY2017-18 DISD Quarterly Billing Plan FY17-18 2017 2018 Reimbursement Jul - Sep Description Oct Dec Jan Mar Apr - Jun Total New Contract Quarterly Billing Plan $42,655 $49,228 $47,069 $98,164 $237,116 Estimated FY2018-19 DISD Quarterly Billing Plan FY18-19 2018 2019 Reimbursement Description Oct Dec Jan Mar Apr - Jun Jul - Sep Total Quarterly Billing Plan for $102,075 $102,075 $102,075 $102,075 $408,300 (6) SROs The estimated FY2018-19 reimbursement includes 50% of estimated salary and benefits for six SROs located at DISD middle and high schools. 7. Please provide information on the homeless call tracking report. Preliminary call data related to homelessness was provided to City Council during the July 17, 2018 work session item on homelessness initiatives. A map highlighting the areas from which calls were received is included as Attachment 2. Please note this is preliminary only the calls related to homelessness are likely underreported and the departments have re-focused efforts on increased training for officers to improve consistent entry. The Denton Police Department is currently working with the Office of Public Affairs and the Denton Fire Department to reassess and develop baseline parameters to construct a homeless call tracking report. Staff intends to begin quarterly reporting and with improved data collection, increase the analysis and trending of calls. 8. Please provide information on oil and gas leases. Please refer to Attachment 3, an Informal Staff Report submitted to Council on July 27, 2018. 9. Please provide information on what monetary assistance UNT, TWU and Denton County will provide toward the cost of the new radio system. OUR CORE VALUES Integrity Fiscal Responsibility Transparency Outstanding Customer Service Finance Department 215 E. McKinney St., Denton, TX 76201 (940) 349-8531 This information will be provided to the City Council in September following development of inter-local agreements. 10. Please provide information on the Kiwanis Fireworks budget. Attachment 4. Below is a detailed budget the Kiwanis Club provided for the event. Kiwanis Fireworks Budget Premier Pyrotechnics $ 20,000.00 UNT Field Clean Up $ 8,500.00 CSC Security $ 4,827.38 UNT Police $ 3,966.50 Bands $ 3,000.00 Police Security $ 2,773.95 Concert Sound System $ 2,250.00 EMT $ 1,650.00 Parade Supplies $ 1,248.09 Porta Potty $ 1,209.00 Golf Carts $ 1,050.00 UNT Facility Assistance $ 900.00 Facebook Ads $ 500.00 Total $ 51,874.92 11. Please provide information on the impact on Solid Waste of 1% reduction to residential rate. A one percent decrease in the residential refuse and recycling rate equals a $100,000 reduction in residential revenues. 12. Please provide information on front load vs side load vehicle costs differences. This information will be provided to City Council in the fall when the Solid Waste Cost of Service and Rate Study has been completed and is presented to City Council. OUR CORE VALUES Integrity Fiscal Responsibility Transparency Outstanding Customer Service Finance Department 215 E. McKinney St., Denton, TX 76201 (940) 349-8531 13. Please provide information on what we can use the Traffic Safety fund balance, if contract is cancelled. Or use of fund balance if contract is renewed. Staff believe the use of the Traffic Safety fund balance is restricted per state law regardless of the red light camera contract renewal. 14. Please provide information on history of CO issuance over 10 years Please see Attachment 5. 15. Please provide information on the Downtown TIRZ, a breakdown of new improvements vs assessed value st This information will be provided at the August 21 City Council Meeting. 16. Please provide information on what happens when a TIRZ property is purchase by a tax exempt organization. The TIRZ would not be adjusted in this situation. The propertythe base year remains part of the base value calculation, however, if a property is purchased by a government or nonprofit organization it will no longer generate incremental revenue into the TIRZ fund. 17. Please provide information on Health Insurance pharmacy purchases and analysis of pharmacies considered for contract. The retail pharmacies available to our employee, retirees, and dependents are part of the pharmacy network developed and managed by United Healthcare (UHC), through their sister company, OptumRx. The City does not have individual contracts with pharmacies but relies on the purchasing power and expertise of OptumRx to establish the pharmacy network. The management of the pharmacy network is part of the services that are included in our Third-Party Administrator contract with UHC. The current network has over 65,000+ retail pharmacies across the country. One of the main drivers of the increasing cost of health care is the continued increase in the cost of prescription medications and the growing number of high prescription medication has increased by 23%. As a potential cost saving measure related OUR CORE VALUES Integrity Fiscal Responsibility Transparency Outstanding Customer Service Finance Department 215 E. McKinney St., Denton, TX 76201 (940) 349-8531 to our pharmacy network, UHC provided an option of choosing either Walgreens or CVS as filled at Walgreens and CVS. By choosing one pharmacy chain over the other, the City would experience a deeper discount on the cost of the medications sold and a lower UHC, less patients would be impacted by eliminating Walgreens versus eliminating CVS, so that was the recommendation from the Employee Insurance Committee (EIC). The total estimated annual savings from this change is projected to be $225,000. This change does not mean that patients can only fill prescriptions at CVS pharmacies. Other chain pharmacies such as Target, Wal-Mart, and Kroger, as well as many local The change is that patients will not be able to get prescriptions filled at Walgreens under The Council also had a question about a recent pharmacy acquisition by Amazon. In late June, Amazon announced that it was acquiring online pharmacy, PillPack, in a deal that could disrupt the U.S. drugstore business. PillPack packages, organizes, and delivers drugs to consumers in packages with the specific number of medications they're supposed to take at specific times. The companies expect the deal to close during the second half of the year. Once the deal is finalized and the new company is offering prescription drugs in the marketplace, UHC and OptumRx will be evaluating its potential impact on the market and their ability to interface with the new company. 18. Please provide information on 1% interest fee on Utilities. st This information will be provided at the August 21 City Council Meeting. 19. Pleases provide information on same day service fee is the same as regular fee. st This information will be provided at the August 21 City Council Meeting. 20. Please provide information on late payment fee options $20 vs 5% or $10 fee. st This information will be provided at the August 21 City Council Meeting. OUR CORE VALUES Integrity Fiscal Responsibility Transparency Outstanding Customer Service Finance Department 215 E. McKinney St., Denton, TX 76201 (940) 349-8531 21. Please provide information on removing transfers between funds. st This information will be provided at the August 21 City Council Meeting. 22. Please provide information on General Fund revenues. st This information will be provided at the August 21 City Council Meeting. 23. Please provide information on average home value. Get all home taxable home values for 2017 and 2018. Eliminate any not in both years. This information will be provided at the August 21st City Council Meeting. 24. Please provide information on Library fines and fees. In FY16/17, the Library collected the following in overdue and lost/damaged item fines: $82,158.97 in overdue fines $15,350.56 for lost or damaged items $14,908.42 payments made via online payment system that include overdue, lost, and damage charges $4,411.71 for collection fees charged by Unique for collection services Additional fees include nonresident fees, printing and copying charges, 3D printing charges, replacement card fees, and sales of earbuds and flash drives. Denton Public Library policy and procedures follow City of Denton Code of Ordinances regarding the return of borrowed materials (Code 1966, § 2-54; Ord. No. 2006-305, § 1, 11- 7-06; Ord. No. 2015-281, § 1, 9-15-15) and maximum fines (Ord. No. 2013-236, § 1, 9-17- Circulation Services Policy clarifies overdue notice procedures: /µ¤±£´¤ .®³¨¢¤² !² ¢®´±³¤²¸Ǿ ³§¤ $¤³® «¨¡± ±¸ ³³¤¬¯³² ³® ®³¨¥¸ ¢´²³®¬¤±² ¶§¤¤µ¤± ³§¤¸ § µ¤ ®µ¤±£´¤ ¬ ³¤±¨ «²ȁ At five (5) days overdue, an overdue notice is sent via email, text-messaging, through the At twenty-eight (28) days overdue, the customer will receive a printed notice of unresolved charges via the U.S. mail. At forty-five (45) days overdue, the customer will receive a billing statement via the U.S. mail that reflects the replacement cost for each item. If after fourteen (14) days from the date of the billing statement a customer does not resolve their outstanding fees and they are in excess of $10.00, the account is referred to OUR CORE VALUES Integrity Fiscal Responsibility Transparency Outstanding Customer Service Finance Department 215 E. McKinney St., Denton, TX 76201 (940) 349-8531 ³§¨² ³¨¬¤ȁ Not receiving an overdue notification does not exempt the customer from paying outstanding fees. The Library began using Unique, a collection service for libraries, to assist in recovering materials and fines for past due accounts in 1997. Since then, materials worth $94,128.25 have been returned to the Library and $558,338.52 in overdue fines have been recovered. Library staff runs a monthly report to identify accounts with charges of $10.01 or more that are at least 60 days old from the time the item was due. Staff reviews those accounts for accuracy prior to sending the report to Unique and assigning the collection fee. credit. In 2015, the National Consumer Assistant Plan established that Library fines would not appear on consumer credit reports. and back into circulation for other citizens to enjoy. To reduce barriers to checking out or renewing materials, the Library has implemented the following customer service features to make it easier to manage their Library accounts. Overdue notifications may be sent via automated phone call, e-mail, or text. Patrons verify contact information and notification preferences annually when their accounts are renewed. Patrons opting for e-mail or text notifications also receive a reminder notification 5 days before items are due. Phone reminders are unavailable with our current telephone notification system. When checking out materials, a receipt with due dates is provided at all staffed circulation desks and is an option at all self-check terminals. Materials may be turned in to any Library branch 24/7 via book return drops. Materials are returned in real time, so items returned on their due date at 11:59 p.m. are not overdue. An item may be renewed if there is no hold on it. Renewals may be made in person at the circulation desk or at a self-check terminal, over the phone during Library operational hours, or 24/7 online. At least one Library branch is open 70 hours each week to facilitate in person of over the phone transactions. the Library online catalog. OUR CORE VALUES Integrity Fiscal Responsibility Transparency Outstanding Customer Service Finance Department 215 E. McKinney St., Denton, TX 76201 (940) 349-8531 update that provides automatic renewals on items without holds. The Library hopes that the automatic extension will help reduce overdue occurrences for busy patrons. The Library will publicize the new feature and procedures once it is implemented. 25. Please provide the City Council an update on the tree rebate and initiative programs proposed to be funded from the Tree Mitigation Fund Please see Attachment 6, a memo submitted to the Committee on the Environment. Attachment 1 2018-089 ISR Community Development Measures Attachment 2 Public Safety Preliminary Call Data Attachment 3 2018-094 Parks Gas Well Funds Attachment 4 Kiwanis Fireworks Contract Attachment 5 GO-CO Debt History Attachment 6 Denton Tree Initiative Update OUR CORE VALUES Integrity Fiscal Responsibility Transparency Outstanding Customer Service Date: July 20, 2018 Report No. 2018-089 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: 2017/18 Community Development performance measures EXECUTIVE SUMMARY: At the recent budget presentation for Community Development on July 17, 2018, Council requested additional information regarding expenditures associated with the 29 housing units reported as completed and additional information on the development of the 2017/18 performance measures for Community Development. Below is a summary of the Community Development performance measures for the 2017/18 program year. BACKGROUND: The City of Denton currently receives Community Development Block Grant (CDBG) and HOME Investment Partnership Grant (HOME) funds on an annual basis. In order to receive these grants, the City of Denton is required to develop a five-year Consolidated Plan for Housing and Community Development and submit an annual Action Plan to the U.S. Department of Housing and Urban Development (HUD). The Consolidated Plan is developed using a HUD prescribed process that includes input from citizens, local non-profits organizations and an analysis of census and market data as to the needs in Denton. The information is then utilized to develop the five-year plan with strategies describing proposed housing, social services and public works projects benefiting low and moderate-income households and neighborhoods. Below are the objectives and outcomes identified in the City of Denton's 2015-2019 Consolidated Plan for Housing and Community Development: 1. Decent Housing Encourage homeownership by providing down payment and closing assistance to low and moderate income households. Maintain existing affordable housing units for low and moderate income households including reconstruction, substantial rehabilitation and minor repairs for single-family housing units. Encourage and maintain affordable rental units including rehabilitation of substandard units and rehabilitation of multi-family units. 2. Suitable Living Environment Provision of public facility and infrastructure improvements to benefit low and moderate income people. Provision of public services such as health and mental care, affordable day care, after school programs, senior services, transitional housing, programs for victims of domestic violence, disabled services, and advocacy services to benefit low and moderate income people. Date: July 20, 2018 Report No. 2018-089 Provision of homeless assistance activities for homeless persons especially extremely low income or those with no income, persons with physical and mental disabilities including temporary shelter, food and clothing to chronically homeless and those that have recently become homeless. The annual Action Plan specifically states how CDBG and HOME grant funds will be spent. To help determine the funding allocations for the various projects and programs, the Community Development Advisory Committee (CDAC) and the Human Services Advisory Committee (HSAC) review applications from community organizations and City staff. Each committee develops recommendations as to what activities should be funded. These recommendations are then presented to City Council. Annual action plans are developed based on the funding applications submitted and on the strategies outlined in the Consolidated Plan. DISCUSSION: The annual performance measures are determined based on the proposed activities funded in the annual action plans and tie back to the consolidated plan strategies. The proposed outcomes for each public service agency are based on prior year accomplishments and any changes to the program being funded, including the amount of funds that has been recommended for the coming program year. The proposed outcomes for housing programs are based on the amount of funding allocated to the program and the average cost of each type of housing project such as minor repair, substantial rehabilitation, reconstruction, homebuyer assistance and rental rehabilitation. Public facility and infrastructure improvement outcomes are based on the number of people in the service area that will benefit from the project using census information as prescribed by HUD. At the budget presentations for Community Development on July 17, 2018, Council also requested the expenditures associated with the 29 housing units reported as completed year-to- date. A total of $607,439 in Community Development Block Grant (CDBG) and HOME Investment Partnership Grant (HOME) was expended during the 2017/18 program year to complete a total of 29 housing units. These included units assisted through the Minor Repair Program, Home Improvement Program, Homebuyer Assistance Program, and the Denton Rental Rehabilitation Program. CONCLUSION: rd Attached is the preliminary 3 Quarter Financial and Performance Report for period ending 6/30/2018. The report provides detailed information on all current activities for Community Development including expenditures to date, actual accomplishments from the prior year, proposed and actual accomplishments for 2017/18 FY based on the 2015-19 Consolidated Plan strategies and the 2017/18 performance measures. Staff reviews financial and performance reports on a regular basis to monitor agency and project performance. Date: July 20, 2018 Report No. 2018-089 ATTACHMENT(S): Exhibit 1 2017/18 Quarterly Report Third Quarter STAFF CONTACT: Luisa Garcia Community Development Coordinator Luisa.Garcia@cityofdenton.com Emergency Medical Service Calls "Related to Homelessness" January 1st - April 30th, 2018 / 1/1 thru 4/30 # of Calls Citywide = 4,912 # of Calls Related to Homelessness Citywide = 76 (1.55% of Citywide Total) # of Calls in the Downtown = 139 RECTOR # of Calls Related to Homelessness Downton = 26 ( 18.71% of Downtown Total and 0.53% of Citywide total) MILAM ¢ BEALL HERCULES JACKSONMILLER FM 2164 BAUER HERITAGE PRIVATE MISTYWOOD ¢ ¢¢¢¢¢ ¢ BRANDYWINE ¢ ¢ ¢¢ ¢ ¢ ¢¢ ¢¢¢ ¢¢POST OAK ¢ FIRST ¢ KINGFISHERRUSSELL NEWMAN ¢ ¢ ULANDMARKET ¢ ¢¢ ¢ ¢ ¢¢ ¢OAK ¢ ¢¢ ¢¢¢ ¢¢ ¢ ¢ ¢ ¢ ¢ ¢¢¢ ¢¢¢ ¢ ¢¢ SYCAMORE SYCAMORE ¢ ¢ ¢ ¢ MAPLE ¢ ¢ MORSE ¢ FANNIN ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ RICH GATEWOOD GREAT BEAR OAKHURST WALTON CREEKDALE SAN LORENZO ALLRED RIVERCREST ROARING CREEK ROBSON RANCHCRAWFORD OLD ALTON KAREN Fire Districts District 1District 5 ¢ Good Intent CallsIntent 22 EMS 19Intent 4 EMS 1Intent 7 EMS 3N/A District 2District 6 ¢ EMSIntent 8 EMS 6EMS 2Intent 1 EMS 1Intent 2 District 3District 7 District 4District 8 DTIP_Boundary Emergency Medical Service Calls "Related to Homelessness" January 1st - April 30th, 2018 « 1/1 thru 4/30 ¢ # of Calls Citywide = 4,912 # of Calls Related to Homelessness Citywide = 76 HERCULES (1.55% of Citywide Total) # of Calls in the Downtown = 139 # of Calls Related to Homelessness Downton = 26 ( 18.71% of Downtown Total and 0.53% of Citywide total) ROLAND BAUER CORONADO HERITAGE PRIVATE MISTYWOOD ¢¢¢¢¢ ¢ ¢ ¢ ¢¢ ¢ ¢ ¢ ¢ ¢¢ THIRD SECOND ¢¢ POST OAK ¢ FIRST ¢ KINGFISHER ¢ ¢ ULAND ¢ ¢ ¢ ¢ PECAN ¢ ¢¢ ¢ OAK ¢ ¢ ¢ ¢¢¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢¢¢ ¢¢ ¢ ¢ ¢¢ SYCAMORE ¢ ¢ ¢ ¢ MAPLE ¢ ¢ MORSE ¢ WILSHIRE FANNIN MARGIE ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ RICH GATEWOOD GREAT BEAR Fire Districts Legend District 1District 5 ¢ Good IntentCity LimitsIntent 4 EMS 1Intent 1 EMS 1 District 2District 6 ¢ OAKHURST EMSIntent 22 EMS 19Intent 2N/A District 3District 7 District 4District 8 DTIP_BoundaryIntent 8 EMS 6Intent 7 EMS 3Intent 2 Police Department Calls "Related to Homelessness" January 1st - April 30th, 2018 « 1/1 thru 4/30 # of Calls Citywide = 39,569 CL " ) # of Calls Related to Homelessness Citywide= 77 (0.19% of Citywide Total) # of Calls in Downtown = 2314 HERCULES " ) # of Calls Related to Homelessness Downtown = 33 j YUCCA (1.43% of Downtown Total and .08% of Citywide Total) 1 WINDSOR " ) HERITAGE j j r # * CORDELL r CONGRESS j# * # * ") r 5 " ) " ) SYCAMORE 2 " ) MORSE bfdc p bfdc p FANNIN ") ÆX r 4 " ) r # * CORBIN r 5Y " ) RICH 3 " ) Police Districts5Legend 15Y PANHANDLING 3DISTURBANCE OTHER 6 UNCONSCIOUS PERSON 4 FIGHT 1 # * r 27Y CRIMINAL TRESPASS 9WELFARE CONCERN 5 PARKING VIOLATION 2 r DIRECTED PATROL 1 bfdc p j 3CL PEDESTRIAN STOP 20SUSPICIOUS VEHICLE 4 SUSPICIOUS ACTIVITY 2 SOLICITOR 1 ÆX SUSPICIOUS PERSON 15SPEAK WITH OFFICER 4 4 ") Date: July 27, 2018 Report No. 2018-094 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: parks gas wells. BACKGROUND: th During the July 17 Council meeting there were questions asked about gas wells producing wells, their location, mineral interest rates, and revenue. DISCUSSION: Denton has six gas well pad sites consisting of 14 well heads that provide revenue to city parks. All gas well pad sites are located off of park land and use horizontal drilling to access minerals below the parks. The appropriable fund balance as of September 30, 2017 is $104,371. Attached is a financial statement as of 9-30-17 for the Parks Gas Well Fund and includes the FY 2018-19 Proposed Budget. The royalty percentage for the wells ranges from 18.75% to 25% however the city does not receive that amount in payments. Each well head has a pooling agreement in which the rights of many different mineral owners are combined into pools large enough to extract minerals. The City is paid royalties based on the net revenue interest (NRI) which is calculated by dividing the number of acres the City has by the total number of acres in the pool then multiplying by the royalty percentage. The table below outlines associated park, royalty percent, and NRI. Parks Gas Wells Location and Royalty Rates Name Park Royalty % NRI Acme 1H Lake Forrest/Wiggly Field/Cross Timbers 25% .03354489 Acme 2H Lake Forrest/Wiggly Field/Cross Timbers 25% .03354489 Acme 3H Lake Forrest/Wiggly Field/Cross Timbers 25% .03354489 Acme 4H Lake Forrest/Wiggly Field/Cross Timbers 25% .03354489 Meredith 1 Lake Forrest/Wiggly Field/Cross Timbers 25% .01548882 Parks Unit 1H North Lakes Park 21% .14862463 Parks Unit 2H North Lakes Park 21% .14862463 Underwood Breen 1H Airport Open 20% .02539863 Underwood Breen 2H Airport Open 20% .02539863 Rayzor West 12H-1 Airport Open 22.5% .00664086 Rayzor West 12H-2 Airport Open 22.5% .00664086 Rayzor West 12H-3 Airport Open 22.5% .00664086 Rayzor West 12H-4 Airport Open 22.5% .00664086 Denton CJW 1 Vintage Open Space 18.75% .00208743 Date: July 27, 2018 Report No. 2018-094 The Acme and Meredith pad sites are located to the southeast of Lake Forrest Park. The Parks Unit pad site is across from Fire Station 5 on the west side of N. Bonnie Brae St. The Underwood Breen 1H and 2H pad sites are located off of Airport Rd. just east of the Airport. The Rayzor West 12H pad site is located off of Airport Rd. behind ReaderLink and the Denton CJW 1 pad site is located north of 2449 (Vintage Blvd.) and west of I-35W. Please do not hesitate to contact me if you have any further questions well royalties. ATTACHMENTS: Parks Gas Well Financial Statement STAFF CONTACT: Antonio Puente, Jr., Director of Finance (940)-349-7283 Antonio.Puente@cityofdenton.com Sustainability 215 E. McKinney St., Denton, TX 76201 (940) 349-8202 MEMORANDUM DATE: August 6, 2018 TO: Committee on the Environment FROM: Katherine Barnett, Sustainability and Customer Initiatives Manager SUBJECT: Denton Tree Initiative Update At the June 4, 2018 Committee on the Environment meeting staff presented an update on the Keep Denton Beautiful (KDB) Denton Tree Initiative. Based on direction received at the meeting KDB staff has developed a proposal to continue the Denton Tree Initiative for another three years. The proposal is for planting trees on private property and continuing the Citizen Forester Training Program. The budget is significantly smaller than the previous program budget at $53,100 annually for a total cost of $159,300 over three years. Staff will present the proposal to Council at an August worksession. KDB Private Property Tree Planting Programs 3-Year Budget Projection (FY18-19, FY19-20 and FY 20-21) FY 18-19 FY 19-20 FY 20-21 Program Item Quantity Cost Quantity Cost Quantity Cost Redbud Festival Free Tree Giveaway 3-gallon trees 100 $1,300 100 $1,300 100 $1,300 Children's Arbor Day School Plantings 3-inch caliper trees (45 gal) 10 $3,000 10 $3,000 10 $3,000 Trees Mean Business 3-inch caliper trees (45 gal) 30 $10,000 30 $10,000 30 $10,000 Tree Your Block 3-gallon trees 100 $1,400 100 $1,400 100 $1,400 Trees Mean Business/Arbor Day Watering bags 40 $800 40 $800 40 $800 Tree Rebate Program $50 tree rebates 150 $7,500 150 $7,500 150 $7,500 Tree Rebate, other programs Temp staff 1 $15,600 1 $15,600 1 $15,600 Citizen Forester Training Class Training Materials 1 $1,000 1 $1,000 1 $1,000 All Promotional Costs $2,500 $2,500 $2,500 All 15% Contingency Allowance $10,000 $10,000 $10,000 ANNUAL TOTALS 390 $53,100 390 $53,100 390 $53,100 Total Total TREES COST 1,170 $159,300 OUR CORE VALUES Integrity Fiscal Responsibility Transparency Outstanding Customer Service City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1283,Version:1 AGENDA CAPTION Receive a report from staff, hold a discussion, and give staff direction regarding the design and construction of the new North Lakes Dog Park. City of DentonPage 1 of 1Printed on 8/10/2018 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Parks and Recreation ACM: Bryan Langley DATE: August 14, 2018 SUBJECT Receive a report from staff, hold a discussion, and give staff direction regarding the design and construction of the new North Lakes Dog Park. BACKGROUND In 2014, $361,338 from the Park Development Fund was allocated for a new dog park at North Lakes Park. An additional $50,200 has been allocated in 2017 totaling $411,538. This funding provided for what was hoped to include individual play areas for different sized canines, parking and other related infrastructure. This current allocation is not enough to complete the project. Additional funding has been identified from other funding sources to help complete this project based on a budget of $600,000. In May 2018, Parks and Recreation staff began working to draft a design concept. An initial kick-off meeting was conducted with department maintenance and programming staff as well as the manager of the Linda McNatt Animal Care and Adoption Center to review a concept and identify opportunities and challenges. Individual meetings with the Leisure Service and Park Maintenance staff were held on July 9 and 12 respectively to gather information regarding maintenance requirements and programming opportunities. On August 6, the Parks, Recreation & Beautification Board received a presentation regarding the design concept. The overall feedback from the Parks, Recreation and Beautification Board was positive. Following the City Council presentation, a community meeting will be held on August 16, 7pm at North Lakes Recreation Center. An updated concept design will be created incorporating feedback from meetings and follow-up presentations will be made to the Parks, Recreation and Beautification Board and City Council for consideration. Additionally, the inclusion of art into park facilities is important to add history and culture into public spaces to enhance education as well as improve beautification of the community. As each park is designed, space for art is being identified. Parks and Recreation will work with Economic Development and the Public Art Committee to evaluate opportunities. Summary of feedback from the community to date and in the future: Parks & Recreation and McNatt Animal Care & Adoption Center staff kick-off meeting June 22 Parks Maintenance staff - July 9 Leisure Services staff - July 12 Denton Parks Foundation August 2 Park, Recreation and Beautification Board - August 6 City Council August 14 Public Meeting - August 16 Public Art Committee September 6 Park, Recreation & Beautification Board Follow-up - September / October City Council Follow-up September / October It is the goal of the department to gather as much feedback as possible to make sure that city officials, staff, pet owners, local businesses, as well the community at large, are involved in the design process. Once construction drawings are completed, an outside firm will be hired to provide construction cost estimates prior to moving forward with a formal bid process. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) Parks, Recreation and Beautification Board August 6 RECOMMENDATION Review and provide feedback for future development. FISCAL INFORMATION Parks and Recreation has identified funding for this project from sources to such as, but not limited to, General Fund and the 915-916 Funds. Additional funding may need to be identified if the project amount exceeds the budgeted amount of $600,000. 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: 4.4 Provide and support outstanding leisure, cultural, and educational opportunities EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Presentation Exhibit 3 Concept Plan Respectfully submitted: Gary Packan Director, Parks and Recreation City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1327,Version:1 AGENDA CAPTION Receive a report, hold a discussion, and give staff direction regarding Quiet Zones along at-grade railroad crossings within the City of Denton. City of DentonPage 1 of 1Printed on 8/10/2018 powered by Legistar© 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 14, 2018 SUBJECT Receive a report and hold discussion regarding Quiet Zones along at-grade railroad crossings within the City of Denton. BACKGROUND Three major railroads traverse through the City of Denton with 34 at-grade railroad crossings. The three railroads are Union Pacific Railroad (UPRR) which has 16 at-grade crossings, Kansas City Southern (KCS) which has 9 at-grade crossings and Denton County Transportation Authority (DCTA) which has 9 at-grade crossings. All DCTA at-grade crossings are currently Quiet Zones (QZ). The UPRR crossings are categorized into the northern segment which include 8 at-grade crossings, Downtown Segment with 4 crossings and Southern Segment with 4 crossings. The Federal Railroad Administration (FRA) requires trains to blow horns at at-grade crossings for 15-20 seconds from crossing and through the crossing. The horn sound is 96-110 decibels approximately 100 feet from the crossing. Typically, QZ are implemented to reduce the noise near a residential neighborhood, school, hospital or other sound-sensitive area. QZ is implemented at one or group of crossings that use supplemental safety measures to eliminate use of train horns. The UPRR crossings in the downtown segment include; Prairie, Sycamore, Hickory and McKinney crossings. The funding of just under one million dollars ($350,000 bond funding and $600,000 Hickory Street enhancement project) was approved for implementing QZ along the downtown segment of the UPRR. Staff has been working on the Downtown QZ project for the last six months and will be starting the QZ project on the northern segment by late summer this year. Steps in establishing a Quiet Zone Conduct evaluation to determine possible treatments and approximate cost. Contact railroad to determine if warning devices comply with the rule and collect train operational data for use in calculating risk. Conduct diagnostic team review to finalize recommendations. Request plans, estimates, and agreements from railroad for any work to be done by the railroad. o UPRR prepares plans, design and estimated (approximately 60 to 90 days) o UPRR construction (order and obtain material, schedule construction and complete construction approximately 12 months) File notice of intent to create a quiet zone (approximately 60 days). This can move concurrently with the previous step. Complete quiet zone improvements. File notice of establishment to create a quiet zone (approximately 30 day). In order to help the City move through this process and complete the implementation of QZ, staff has retained the services of CTC, Inc. Staff has worked with CTC, Inc. in the past six months to complete the first three steps and is currently working with UPRR on the fourth step. A diagnostic review was conducted by a team of professionals that comprised of City staff, CTC staff, Federal Railroad Administration (FRA) staff and UPRR staff in January. The team reviewed existing conditions and developed recommendations for improving the crossings at the four downtown locations to qualify for QZ. Subsequently, City staff worked with UPRR staff to prepare and execute an agreement for developing the engineering plans for the proposed improvements. Currently, UPRR staff is working on developing the engineering plans and cost estimates for the proposed improvements which will require approximately 60 to 90 days and is planned to be completed by September 2018. After the completion of the design UPRR will provide a cost estimate to the City. If this cost is acceptable to the City, an agreement between UPRR and City will be executed to pay UPRR to implement the improvements and establish a QZ in the Downton area. Once such agreement is signed and the City authorizes UPRR to move forward the construction phase will require approximately 260 days. Based on the overall schedule of the project we are on track to complete the QZ by July 2019. STRATEGIC PLAN RELATIONSHIP egic Plan is an action-oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Public Infrastructure Related Goal: 1.6 Collaborate with local, regional, state, and federal partners EXHIBITS 1. AIS 2. Presentation Respectfully submitted: Todd Estes Director of Capital Projects Prepared by: Pritam Deshmukh City Traffic Engineer City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1202,Version:1 AGENDA CAPTION Receiveareport,holdadiscussion,andgivestaffdirectiononthecompositionoftheOakGatewayAreaPlan Steering Committee due to recent resignations and quorum issues. City of DentonPage 1 of 1Printed on 8/10/2018 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 14, 2018 SUBJECT Receive a report, hold a discussion, and give staff direction on the composition of the Oak Gateway Area Plan Steering Committeedue to recent resignations and quorum issues. BACKGROUND On January 26, 2016, City Council directed staff to update the Fry Street Small Area Plan. Upon further evaluation, it was determined that the area affected by development pressures was broader, which resulted in an expansion ofthe study area from approximately 97 acres to approximately 1,200 acres. Oak Gateway Area Plan Boundary Map Exhibit 2 has been included for reference. The area is generally bounded on the north by Panhandle Street, on the east by Fort Worth Drive/Carroll Boulevard, and on the west and south by Bonnie Brae Street and Interstate 35 East (I-35E). The study area is primarily comprised of single-family andmulti-family residential uses, with retail and commercial development along major roadways. The Oak Hickory Historic District, West Oak Historic District and the University of North Texas (UNT) campus are situated in the study area. For the purposes of the Area Plan, the study will not include the land area or facilities that are within the UNT campus boundaries, but will influence the recommendations and implementation strategies developed. On May 2, 2017, the City Council directedstaff to solicit and recommend a professional services agreement to the City Council for consultant services to develop a small area plan. On August 1, 2017, the City Council approved an ordinance authorizing a Professional Services Agreement for professional planning serviceswith Fregonese Associates related to the development of the Area Plan and implementation strategy. On September 13, 2017 the Area Plan work officially beganwith a kickoff meeting with the project management team, followed with a meeting with the Technical Advisory Committee, and ended with a tour of the study area. Following the kickoff meeting several stakeholder interviews were held with members of City Council, Planning and Zoning Commission, Historic Landmark Commission, residents, property owners, business owners, City Management, City Departments, DCTA representatives, DISD representatives, business owners, students, bicyclists, development community and other stakeholders. Following a work session and determination that it would be advisable tocreate a Steering Committee composed of appointed individuals, on November 7, 2017 the City Council approved a resolution authorizing the creation of the Small Area Plan Steering Committee and approved the following appointments to the Small Area Plan Steering Committee. 1.Amber Briggle–Business Owner14.Lee Ramsey–Builder 2.Brandon Martino-Property 15.Margie Ellis–Other Owner/Developer16.Michelle Lynn-Resident 3.Brent Erskin –Business Owner17.Pati Haworth –Other 4.Casey Cavalier –Resident18.Patrice Lyke –Resident/Neighborhood 5.Christopher Walker–BicyclistGroup Leader 6.Daniel Abasolo –Other19.Paul Meltzer–Resident 7.Dave Reynolds–UNT20.Peggy Capps –Resident 8.Erin Piper –Resident21.Randy Hunt-Resident/Neighborhood Group 9.Jason Cole –OtherLeader 10.James Davis–UNT22.Sonia Vazquez –Bicyclist 11.Jim Cline -DCTA23.Taylor Willis –Student Representation 12.Jim Owen –Other24.Willie Hudspeth -Business Owner 13.Kim McKibben–Business Owner Since the Committee was created,several meetingsand a Community Workshopwere held. In the months that followed there were meeting procedures that needed to be worked out. Those procedures have been addressed and themeetings are now being facilitated by the citizens. There is a renewed focus to get the Oak Gateway Area Plan completed, but new members are needed to replace those whoare no longer able to serve on the Committee. On June 12, 2018 the City Council received an update on the Area Plan. At that meeting it was explained that attendance at the Steering Committee meetings have slowly decreased and only a few members attend regularly. Council directed staff to contact the Steering Committee members that have not attended regularlyand ask for their availability to serve. If certain members are not able to serve, Councildirected staff to bring forward an item for Council to nominate and approve replacements for those members. Staff contacted ten Committee members and eightresponded that they are no longer able to serve. Those Committee members are listed below along with the Council members that appointed them. Brandon Martino -Property Owner/Developer (Watts) Paul Meltzer –Resident (Briggs) Taylor Willis –Student Representation (Hudspeth) Amber Briggle –Business Owner(Gregory) Lee Ramsey –Builder (Gregory) Daniel Abasolo –Resident(Bagheri) Casey Cavalier –Resident (Bagheri) James Davis –UNT (staff) To provide the City Council with some recommendations for nominations, below is a list of individuals that live, work, or have specific interest in Sub-areas 2 and 3. Brad Bates -Builder Gary Chang –Property/Business Owner Travis Biggs-Other Since June 12, the Committee has met only once due to low attendance. Prior to each meeting, staff sent out an email requesting the Committee’s availability and each time the number of members that responded that they were able to attend was not enough tomeet quorum. After several attempts, the Chair decided that we will postpone the meetings due to summer schedules and to reconvene after school starts. The next Committee meeting is tentatively scheduled for Thursday, August 23. Moving forward, the Committee will be working on finalizing vision statements, drafting goals, and preparing recommendations for each sub-area. It is anticipated that the Committee has three more months of meetings. Within the three months the Committee will host a Community Public Open House to share and receive feedback on the Committee’s findings and recommendations. Following further refinement, the Committee will then bring forward recommendations to the Planning and Zoning Commission and ultimately to City Council for consideration. OPTIONS 1.Reduce the size of the Committee by eight, current vacancies on the committee. 2.Seek nominations and appoint members to fill the current vacancies. RECOMMENDATION 1.Staff recommends option 2and request the following: a.Mayor Wattsprovides a nomination to replace Brandon Martino; b.Council member Briggs nominates Keri Caruthers to replacePaul Meltzer; c.Council member Hudspeth, nominates Gabrielle Tilley to replace Taylor Willis. Ms. Tilley replaced Ms. Willis as the Director of UNT’sStudent Government Association; d.Council member Armintor provides two nominations to replace past Council member Gregory’s appointments, Amber Briggle and Lee Ramsey; e.Council member Meltzer provides two nominations to replace past Council member Bagheri’s appointments, Daniel Abasolo and Casey Cavalier; f.That Teresa Rogers -Senior Facilities Planner with UNT, replace James Davis –Associate Vice Chancellor for Facilities Planning and Development with UNT; g.That the City Council include members who represent the development community in order to bring their perspective and expertise to the Committee meetings; and h.That the City Council include additional members who live, work or have specific interests in Sub-areas 2 and 3. PRIOR ACTION/REVIEW (Council, Boards, Commissions) January 26, 2016 -Council directed staff to update the Fry Street Small Area Plan. May 2, 2017-City Council recommended approval for staff to solicit and recommend a professional services agreement to the City Council for consultant services to develop a small area plan. August 1, 2017 –City Council approved an ordinance authorizing a Professional Services Agreement for professional planning services with Fregonese Associates related to the development of the Small Area Plan and implementation strategy. June 12, 2018–City Councilreceive a report and held a discussion regarding the status of the Oak Gateway Area Plan. 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 andEnvironmental 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:4.2 Seek clean and healthy neighborhoods in Denton EXHIBITS 1.Agenda Information Sheet 2.Oak Gateway Area Plan Boundary Map 3.Sub-Area Map Respectfully submitted: Richard Cannone Director of Planning Prepared by: Ron Menguita Principal Planner Small Area Plan Boundary Map W PARKWAY ST W SYCAMORE ST W SYCAMORE ST UNION CIR W HIGHLAND ST I35E § ¨¦ 377 £ ¤ I35W §¦¨ 02505001,000 Small Area Plan BoundaryFreeway Feet µ Study Area ParcelsPrimary Major Arterial UNT Owned PropertyParcels West Oak Historic District Oak Hickory Historic District Date: 9/21/2017 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. Sub-Areas 1 2 3 INSTRUCTIONS Visit each of the Learn more about the Tell us what you think! Sub-Area stations to existing conditions Give your feedback by provide your feedback.in each area, along writing, drawing, or with potential future placing stickers on the development and map at each station. housing types. City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1261,Version:1 AGENDA CAPTION Receive a report, hold a discussion, and give staff direction regarding the Human Rights Campaign (HRC) Municipal Equality Index (MEI), the City of Denton’s MEI score, and options for consideration to increase MEI score. City of DentonPage 1 of 1Printed on 8/10/2018 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Public Affairs/IGR CM/ DCM/ ACM: Bryan Langley DATE: August 14, 2018 SUBJECT Receive a report, hold a discussion, and give staff direction regarding the Human Rights Campaign (HRC) Municipal Equality Index increase MEI score. EXCUTIVE SUMMARY The City of Denton is one of 506 cities nation-wide that are rated by the Human Rights Campaign (HRC), a civil rights organization founded in 1980 representing the LGBTQ community, with over three million members and supports nation-wide. The HRC has developed a Municipal Equality Index (MEI) scorecard to annually examine and rate how inclusive municipal laws, policies, and services are to the LGBTQ people who live and work in the community. Cities are rated based on 5 sections: (1) non-discrimination laws, (2) the municipality as an employer, (3) municipal services, (4) law enforcement, and (5) public position on equality. In2017, HRC selected 506 municipalities nation-wide to be rated in the MEI based upon the following: all 50 state capitals, the 200 largest cities in the U.S., the five largest cities in each state, cities that are home to the two largest universities in each state, 75 cities that have high proportions of same sex couples, and 98 cities selected by the HRC members and supporters. In 2018, it is estimated that the City of Denton will score a total of 52 out of 100 possible points in the index; HRC is expected to release the 2018 MEI scores at the end of this month. This is higher than previous 2017 score of 44 points. Notably, the City is expected to earn the additional points this year for designating an LGBTQ Liaison in the Police Department. The chart below displays the point totals for 2017 and 2018 with standard points listed and bonus points shown in parenthesis. Denton Possible Denton Possible HRC-MEI Scorecard 2018 Points for 2017 Points for Estimated 2018 2017 0 (0) 30 (4) 0 (0) 30 I. Non-Discrimination Laws 15 (0) 28 (1) 12 (0) 24 (2) II. Municipality as Employer 10 (0) 12 (12) 16 (0) 16 (12) III. Municipal Services 22 22 12 22 IV. Law Enforcement 5 (0) 8 (5) 4 (0) 8 (6) V. Leadership on LGBTQ Equality Total 52 100 (22) 44 100 (20) Pg. 1 BACKGROUND In 2017, 25 Texas cities participated in the HRC MEI index with an average score of 41. Only seven of the participating cities in Texas scored higher than Denton, with the highest achieving 100+ points (Austin, Dallas, and Fort Worth), and the lowest earning six points (Irving and Laredo). The national HRC MEI average in 2017 for the 506 cities rated was 57. The scorecard is broken down into five categories and descriptions of those categories can be found in Attachment 2. For 2018, the HRC adapted the index to include new categories and judging criteria. Their intent for the revisions wa-ranging to more accurately reflect the scope of nondiscrimination laws and the innovative w In particular, in 2018, there will be deductions for nondiscrimination ordinances that allow discrimination through religious exemptions that single out sexual orientation and/or gender identity. The below narrative describes how the City of Denton scored in each category, the MEI criteria requirements, and some factual information pertaining to federal and state laws. Section I: Non-Discrimination Laws This category evaluates whether discrimination on the basis of sexual orientation and gender identity is prohibited by the city, county, or state in areas of employment, housing, and public accommodations. 1.1. 1.3 Non Discrimination Laws Some other large cities that have earned full points for this section have adopted comprehensive non-discrimination laws prohibiting discrimination in the areas of private employment, housing, and public accommodations. In each category (private employment, housing, and public accommodations), cities receive 5 points for explicitly prohibiting discrimination on the basis of sexual orientation and 5 points for expressly prohibiting discrimination on the basis of gender identity. A 3-point deduction is applied for protections that contain carve-outs prohibiting individuals from using facilities consistent with their gender identity. For the 2018 MEI, up to six points will be deducted for religious exemptions that single out sexual orientation and/or gender identity. o 1.1. Private Employment Texas law prohibits discrimination in employment based on a However, it does orientation or gender identity or expression. There were some Texas legislative bills which were introduced during the last legislative session (HB 1534, SB 165, and HB 225); however, they died. The U.S. Supreme Court has not taken any significant action on this subject at this time. o 1.2. Housing The Texas Fair Housing Act and the U.S. Fair Housing Act prohibit discriminatory housing practices in the sale, rental and financing of dwellings based on race, color, national origin, religion, sex, physical or mental disability, or familial status (presence of a child under age 18 living with parents or legal custodians, person securing Pg. 2 custody of children under 18, or a pregnant woman). However, this Act does not expressly include a prohibition against discriminatio sexual orientation or gender identity or expression. There was a Texas legislative bill (HB 192) introduced during last legislative session, which included a prohibition against discrimination housing practices ba identity or expression; however, it died. The U.S. Supreme Court has not taken any significant action on this subject at this time. The City of Denton has a Fair Housing Ordinance (Chapter 15 Housing) that protects handicap, familial status, religio o 1.3. Public Accommodations - Texas currently has no statewide law prohibiting discrimination against the protected classes of race, color, religion, sex, national origin, sexual orientation, gender identity/ expression, age, or physical handicap. The U.S. Supreme Court has not taken any significant action on this subject at this time. Federal law, specifically the Civil Rights Act of 1964, states that all persons shall be entitled to the full and equal enjoyment of the goods, services, facilities, and privileges, advantages, and accommodations of any place of public accommodation, as defined in this section, without discrimination or segregation on the ground of race, color, religion, or national origin. However, the Civil Rights Act of 1964 has not been amended to include sexual orientation, gender identity, or expression. In general, public accommodations include businesses (but not all) or buildings that are open to (or offer services to) the general public. "Public accommodation" can be divided into two types of businesses / facilities: (1) government-owned/operated facilities, services, and buildings (e.g. courthouse, jail, parks) and (2) privately-owned/operated businesses, services, and buildings (e.g. movies, concert halls, sports arenas, hotels, restaurants). **Note: If the establishment provides service to patrons and has an impact on commerce, the Civil Rights Act of 1964 may be applicable to the establishment. Further, under other areas of the law (e.g. Title III of the Federal ADA), a number of other places may be 28 CFR § 36.104. The City of Denton does not have local non-discrimination laws for the areas of private employment or public accommodations. Further research and analysis would be required to understand federal and state legislation, court rulings, administration and enforcement of such laws, staffing requirements to handle administration and enforcement, potential business or economic impacts, and community input. Bonus: Single-Occupancy All-Gender Restrooms Starting in 2018, cities that require all single- user sex-segregated facilities within the city, like bathrooms and changing rooms, to be all-gender will receive two bonus points. Cities that designate all single-occupancy facilities within its own municipal buildings as all-gender will receive only one bonus point. The City of Denton has a total of 64 single-occupancy restrooms in City buildings: 44 restrooms are located in employee- only areas and 20 restrooms are located in public areas. Bonus: Protects Youth from Conversion Therapy Cities that enact laws to protect youth from sexual orientation or gender identity can gain two bonus points. This is a new category for 2018. Section II: Municipality as an Employer Pg. 3 This category evaluates how municipalities commit themselves to treating LGBTQ employees equally by offering equivalent benefits and protections to LGBTQ employees, and by awarding contracts to fair- minded businesses. 2.1. City Employment - The City of Denton prohibits discrimination in city employment specifically on the basis of sexual orientation and gender identity, earning the full 14 points. 2.2. Healthcare Benefits - The City of Dentonfor transgender health care needs, including mental health care and hormone therapy. However, the plan excludes those areas related to surgical treatments, which are required to be covered to get any points for the Trans-Inclusive Healthcare Benefits criteria. although the figure is unknown, it is expected that the impact would be minimal. 2.3. City Contractors - The Citycontract template and contract terms and conditions specifically prohibit discrimination based upon sexual orientation, earning the City one point. To earn full points, the City would need to adopt through policy or ordinance that all businesses that contract with the City will have an employee non-discrimination policy that expressly covers sexual orientation or gender identity. For further background, federal law does not include a prohibition against discrimination based on During the last legislative session, HB582 was introduced related to a prohibition against certain forms of employment discrimination by state contractors; however, the bill died. 2.4. Inclusive Workplace To earn points for this category, the City would need to have LGBTQ-specific programming to attract LGBTQ applicants and promote diversity in the workplace, such as LGBTQ employee pride alliance or resource group, LGBTQ-inclusive diversity training for all city staff, or a recruitment program that actively advertises available positions to the LGBTQ community. Bonus: Domestic Partner Benefits This criteria extends one bonus point for offering equal benefits to domestic partners of employees and their legal dependents. For background information, the State of Texas does not mandate Domestic Partner benefits. On April 29, 2013, Attorney General Greg Abbott provided an opinion stating that Tex. Const. Art. I, §32(b) prohibited a political subdivision from providing domestic partnership benefits to its employees. Op. Tex. Att'y Gen. No. GA-1003 (2013). Currently, caselaw is silent on this issue. Texas law does not recognize the legal status of domestic partnerships in Texas. The following local governmental entities offer Domestic Partner benefits: Dallas County and the cities of Austin, Dallas, El Paso, Fort Worth, and San Antonio, as well as Pflugerville School District, all offer domestic partnerships. The City olicy on insurance benefits for employees defines coverage based of Denton employees can enroll their same-sex spouses, and dependent children of their spouses, for health, dental, vision, and supplemental life insurance benefits. Supporting documentation typically must be provided (copy of formal marriage license or certificate of Pg. 4 informal marriage in this instance) to Risk Management before the benefit change can be approved. Section III: Municipal Services This section assesses the efforts of the city to ensure LGBTQ constituents are included in city services and programs. 3.1. & 3.2. Human Rights Commission/Enforcement Mechanism - The City of Denton earned points in this category for having a Human Rights Commission, defined by HRC as the city having a community-facing body tasked with eliminating discrimination and educating the public on issues of diversity and inclusion. In the city, the Denton Together Coalition serves this purpose. However, the Denton Together Coalition is not a City board or commission provided with the authority to enforce citywide non-discrimination protections. 3.3. LGBTQ Liaison to City Executive - The City also earned points for having Sarah Kuechler, Director of Public Affairs, serve as the liaison and contact for the LGBTQ community. This is -8356 or sarah.kuechler@cityofdenton.com. Bonus: Anti-Bullying Prevention Policy - A new bonus category was added in the 2018 scorecard for implementing policies that prohibit bullying on the express basis of sexual orientation and gender identity in all youth-facing city facilities and services. The Denton Public Library currently has a Rules of Conduct policy for their facilities, although it does not expressly prohibit on sexual orientation and gender identity. If directed, staff could research amending this policy, as well as work with Parks and Recreation Department regarding their policies. Bonus: City Provides Services - Municipalities can earn bonus points for providing services to specific population segments of the LGBTQ community. While the City provides services and supports many community organizations serving the LGBTQ community, bonus points are not awarded unless the support or funding is specifically targeted for the LGBTQ community, rather than community at-large. Additionally, bonus points are not awarded for federal, state, or other pass-through grants that the City may administer. Section IV: Law Enforcement This section evaluates fair enforcement of the law including responsible reporting of hate crimes and engaging with the LGBTQ community in a thoughtful and respectful way. Pg. 5 In 2018, staff expects that the City of Denton will earn maximum points for this category. The Denton Police Department has consistently earned maximum points for reporting of hate crime statistics to the FBI, and this year, the Police Department designated Lieutenant Chris Summit as a liaison to the LGBTQ of (940) 349-7944 or chris.summitt@cityofdenton.com. Section V: Leadership on LGBTQ Equality This category measures the c advocate for full equality. Staff expects that Denton will earn five (5) points for annually recognizing and supporting LGBTQ month with proclamations and for elected officials supporting the LGBTQ community during city council meetings and at other public events. Additional suggestions to earn points in this category include joining a pro-equality associations and passing pro-equality legislation. OPTIONS Staff will review the HRC MEI scorecard and criteria with City Council and seek direction for any potential next steps, actions, or further research and analysis on items. 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: 4.3 Provide quality, diverse, and accessible neighborhood services for the community ATTACHMENTS 1. Agenda Information Sheet 2. Presentation 3. 2018 HRC MEI Criteria 4. Estimated 2018 Denton MEI Score 5. 2017 Denton MEI Score Respectfully submitted: Sarah Kuechler Director of Public Affairs Prepared by: Stuart Birdseye Pg. 6 Marketing and Outreach Coordinator Pg. 7 2018 MEI S TANDARDS FOR C REDIT The following details what qualifies for credit in each section of the MEI scorecard. Please note that this detailed in the 2017 MEI. SECTION I. NON-DISCRIMINATION LAWS Non-Discrimination in Private Employment, Housing, and Public Accommodations (Up to 30 points). This category evaluates whether a city has an enforceable non-discrimination ordinance that expressly covers sexual orientation and gender identity and applies to private employment, housing, and public accommodations citywide. In each category (private employment, housing, and public accommodations), cities receive 5 points for explicitly prohibiting discrimination on the basis of sexual orientation and 5 points for expressly prohibiting discrimination on the basis of gender identity. A 3-point deduction is applied for protections that contain carve-outs prohibiting individuals from using facilities consistent with their gender identity. Up to six points will be deducted for religious exemptions that single out sexual orientation and/or gender identity. Required Documentation: Copy of relevant municipal code provision(s). BONUS: All-Gender Single-Occupancy Facilities (2 bonus points). Cities that require all single-user sex- segregated facilities within the city like bathrooms and changing rooms to be all-gender will receive two bonus points. Cities that designate all single-occupancy facilities within its own buildings as all-gender will receive half credit. For more information on the importance of equal access to single-occupancy facilities, see our issue brief entitled Equal Access to Sex-Segregated Facilities here or at www.hrc.org/mei. Required Documentation: Copy of relevant municipal code provision(s). BONUS: Protects Youth from Conversion Therapy (2 bonus points). Cities that enact laws to protect youth from the harmful and discredited practice of so-any effort to change an indiwill garner two bonus points. To learn more about this dangerous practice, see our issue brief entitled here or at www.hrc.org/mei. Required Documentation: Copy of relevant municipal code provision(s). SECTION II. MUNICIPALITY AS EMPLOYER Non-Discrimination in City Employment (7 points for sexual orientation/7 points for gender identity). Whereas Section I assesses private employment citywide, this section evaluates non-discrimination protections for city employees (public employment). To qualify for credit, the city must have an enforceable non-discrimination ordinance or policy that expressly applies to all municipal employees and explicitly includes sexual orientation and gender identity. Required Documentation: Copy of relevant municipal code provision(s) or city equal employment opportunity policy. Transgender-Inclusive Healthcare Benefits (6 points). To obtain credit in this category, the city must offer at least one municipal employee health insurance plan that expressly covers transgender healthcare needs, including gender-affirming procedures, hormone therapy, mental health care and other gender-affirming 1 WWW.HRC.ORG/MEI 2018 MEI S TANDARDS FOR C REDIT care. The lack of express exclusions for these services is not sufficient for credit because this care is routinely not covered. For more information on extending transgender-inclusive healthcare benefits to city employees, read our issue brief here or at www.hrc.org/mei. Required Documentation: Copy of city employee health insurance plan benefits booklet. City Contractor Non-Discrimination Ordinance or Policy (3 points for sexual orientation/3 points for gender identity). This refers to a city law or policy that requires all businesses the city contracts with for goods or services to have an employee non-discrimination policy that expressly covers sexual orientation and gender identity. Partial credit may be awarded in instances where the city has no qualifying ordinance or policy but consistently includes a contractor non-discrimination provision in all contracts with businesses, or when a city gives a bidding preference to businesses with a qualifying employee non-discrimination policy. Required Documentation: Copy of relevant municipal code provision(s) or city policy. Inclusive Workplace (2 points). This section assesses whether a municipality has LGBTQ-specific programming to attract LGBTQ applicants and promote diversity in the workplace. Cities will receive credit if they have any one of the following: an LGBTQ employee pride alliance or resource group, LGBTQ- inclusive diversity training for all city staff, or a recruitment program that actively advertises available positions to the LGBTQ community. Required Documentation: Confirmation from city human resources department of an LGBTQ employee pride alliance or resource group; copy of LGBTQ-inclusive all-staff diversity training; or documentation of recruitment efforts directed to the LGBTQ community. BONUS: City Employee Domestic Partner Benefits (1 bonus point). Cities will receive credit for offering equal benefits to both same- and different-sex domestic partners of city employees and their legal dependents. Even after nationwide marriage equality, it is important to respect the diverse family forms that exist by expanding domestic partner benefits to include all families. For more information on this topic, see our issue brief entitled The Case for Retaining Domestic Partnership Laws and Policies here or at www.hrc.org/mei. Required Documentation: Copy of relevant municipal code provision(s) or city policy. SECTION III. MUNICIPAL SERVICES Human Rights Commission (5 points). Credit is awarded in this section if the city has a community-facing body tasked with eliminating discrimination and educating the public on issues of diversity and inclusion. To these ends, the commission can hold community discussions, screen movies, present panels, take public comment, advise city leaders and develop policies and strategies to make the city more inclusive. The commission must be active and meet regularly. 2 WWW.HRC.ORG/MEI 2018 MEI S TANDARDS FOR C REDIT Required Documentation: Copy of relevant municipal code provision(s) or link to city human rights commission website. Enforcement of Non-Discrimination Ordinance by Human Rights Commission (2 points). Where, in addition to the functions listed above, a Human Rights Commission has the authority to conciliate, issue a right to sue letter, or otherwise enforce citywide non-discrimination protections, that commission will earn two additional points. Required Documentation: Copy of relevant municipal code provision(s) or link to city human rights commission website. LGBTQ Liaison to City Executive (5 points). To earn credit in this category, the city must have an officially designated liaison to the LGBTQ community who reports to the city executive and whose designation as LGBTQ liaison and contact information is posted on the city website. An LGBTQ liaison serves as an -related concerns to the for credit in this category unless they serve as the official LGBTQ liaison and meet the above criteria. This role may be assigned to existing city staff. Additionally, the LGBTQ liaison to the city executive cannot double for credit as an LGBTQ police liaison (which is rated in Part IV), given the unique function of each of these divisions of city government. Required Documentation: information. BONUS: Youth Bullying Prevention Policy for City Services (1 bonus point for sexual orientation/1 bonus point for gender identity). This category awards cities up to two bonus points for implementing policies that prohibit bullying on the express basis of sexual orientation and gender identity in all youth-facing city facilities programs, and any other department or service that incorporate young people. For more on this topic, see our issue brief entitled Inclusive and Innovative Approaches to Citywide Bullying Prevention here or at www.hrc.org/mei. Required Documentation: Copy of relevant municipal code provision(s) or city policy. BONUS: City Provides Services to/Supports LGBTQ Youth (2 bonus points). Cities should offer services designed to address the unique needs of LGBTQ youth, who often face higher rates of bullying, harassment and rejection after coming out. Cities can earn credit here by (1) directly providing services targeted to LGBTQ youth, (2) funding organizations that provide these services, OR (3) providing other meaningful types of support (such as in-kind support, subsidized use of city facilities, etc.) to community organizations that provide services designed for LGBTQ youth. For LGBTQ youth resources, visit http://www.hrc.org/resources/topic/children-youth. 3 WWW.HRC.ORG/MEI 2018 MEI S TANDARDS FOR C REDIT Required Documentation: current city budget showing city funding for a community organization that provides the qualifying service) AND (2) Documentation of how the service qualifies (ex: A link to the city-supported community organization describing the service that is targeted to LGBTQ youth). BONUS: City Provides Services to/Supports LGBTQ Homeless Individuals (2 bonus points). LGBTQ individuals particularly youth are disproportionately impacted by homelessness. Cities can earn credit in this section by (1) directly providing services targeted to LGBTQ homeless individuals, (2) funding organizations that provide these services, OR (3) providing other meaningful types of support (such as in- kind support, subsidized use of city facilities, etc.) to community organizations that provide services or resources targeted to LGBTQ homeless individuals. For more LGBTQ homelessness resources, visit http://www.hrc.org/resources/lgbt-youth-homelessness. Required Documentation: current city budget showing city funding for a community organization that provides the qualifying service) AND (2) Documentation of how the service qualifies (ex: A link to the city-supported community organization describing the service that is targeted to LGBTQ homeless individuals). BONUS: City Provides Services to/Supports LGBTQ Elders (2 bonus points). As LGBTQ individuals age, they encounter unique health, social and cultural challenges. Cities can earn credit in this section by (1) directly providing services targeted to LGBTQ elders, (2) funding organizations that provide these services, OR (3) providing other meaningful types of support (such as in-kind support, subsidized use of city facilities, etc.) to community organizations that provide services or resources targeted to LGBTQ elders. Required Documentation: current city budget showing city funding for a community organization that provides the qualifying service) AND (2) Documentation of how the service qualifies (ex: A link to the city-supported community organization describing the service targeted to LGBTQ elders). BONUS: City Provides Services to/Supports People Living with HIV or AIDS (2 bonus points). HIV continues to disproportionately impact segments of the LGBTQ community. Cities can earn credit in this section by (1) directly providing services for people living with HIV or AIDS, (2) funding organizations that provide these services, OR (3) providing other meaningful types of support (such as in-kind support, subsidized use of city facilities, etc.) to community organizations that provide services or resources targeted to individuals living with HIV or AIDS. For resources on HIV and AIDS, visit http://www.hrc.org/resources/topic/hiv-aids. Required Documentation: current city budget showing city funding for a community organization that provides the qualifying service) AND (2) Documentation of how the service qualifies (ex: A link to the city-supported community organization describing the service targeted to people living with HIV or AIDS). 4 WWW.HRC.ORG/MEI 2018 MEI S TANDARDS FOR C REDIT BONUS: City Provides Services to/Supports Transgender-Specific Programming (2 bonus points). Transgender individuals face disproportionate levels of discrimination, stigma and systemic inequality. Cities can earn credit in this section by (1) directly providing services targeted to transgender residents such as employment programs, post-incarceration reentry programs, and violence prevention programs; (2) funding organizations that provide these services; OR (3) providing other meaningful types of support (such as in- kind support, subsidized use of city facilities, etc.) to community organizations that provide services or resources targeted to the transgender community. For resources on the transgender community, please visit http://www.hrc.org/resources/topic/transgender and review the 2015 MEI issue brief entitled Anti- Transgender Violence: What Cities Can Do available here or at www.hrc.org/mei. Required Documentation: e current city budget showing city funding for a community organization that provides the qualifying service) AND (2) Documentation of how the service qualifies (ex: A link to the city-supported community organization describing the service that is targeted to transgender residents). SECTION IV. LAW ENFORCEMENT LGBTQ Police Liaison or Task Force (10 points). To get credit in this category, the city must have an officially designated liaison from the police department to the LGBTQ community (or a police task force charged with addressing LGBTQ issues) whose designation as LGBTQ liaison and contact information is vates LGBTQ-related concerns to the police chief and other city officials. LGBTQ police officers, including high-ranking officers, do not qualify for credit in this category unless their service as liaison is part of their official job and the required information is published online. Partial credit will be awarded if the entire police force was recently trained on LGBTQ issues. Required Documentation: A link to the police department website displaying the LGBTQ police on. Reported 2016 Hate Crimes Statistics to the FBI (12 points). To qualify for points in this section, the city must report hate crimes statistics to the FBI in all categories, including sexual orientation and gender identity, and either: Report a posi for hate crimes reported in any one or more of the protected categories), OR Report zero hate crimes in 2016 AND have reported a positive number of hate crimes in any one or more of the protected categories some year in the past five years of published reports. This second prong is to recognize that while statistically it is possible that no hate crimes of any kind occurred in a small city one year, it is highly improbable that no hate crimes of any kind occurred in a city in the past five years of a published FBI hate crimes reports. 5 WWW.HRC.ORG/MEI 2018 MEI S TANDARDS FOR C REDIT SECTION V. RELATIONSHIP WITH THE LGBTQ COMMUNITY (0-5 points). This section grades, on a sliding scale from zero to five points, how pro-equality the city leadership is in its public statements. City leadership includes the city executive, city council, and other government officials. These statements may include joining a pro-equality association such as Mayors Against LGBT Discrimination, coming out publicly in favor of LGBTQ rights, supporting LGBTQ community organizations publicly, attending a pride parade, speaking out against anti-LGBTQ legislation, partnering with LGBTQ groups to create solutions to city problems, etc. It also includes comments made during city council meetings or at other public events. Required Documentation: Links to recent news articles, photographs of city leadership at LGBTQ events, op-eds, Facebook posts, tweets, etc. -Equality Legislative or Policy Efforts (0-3 points). This section grades, on a sliding scale from zero to three points, how actively the city has been pursuing pro-equality legislation and policies. This includes ordinances introduced (whether passed or not), city policies, and pro-equality city council resolutions and proclamations. Required Documentation: Links to news articles, copies of ordinances and policies, or a written summary from city officials demonstrating recent pro-equality legislative and policy efforts. BONUS: Openly LGBTQ Elected or Appointed Municipal Officials (2 bonus points). Appointed or elected city officials who are openly LGBTQ will qualify the city for two bonus points in this category. While the city should seek to employ LGBTQ persons at all levels of government, this criterion specifically addresses city officials who are well-known in the public eye like the mayor, vice mayor, city manager, vice city manager, and members of the city council. A state or federal elected representative from the city does not qualify. Required Documentation: Links to relevant news articles, for example. BONUS: City Tests Limits of Restrictive State Law (3 bonus points). This category only applies to cities -inclusive ordinances. Such cities that take distinct actions to push back against state limits to their ability to pass pro-equality laws will qualify for four bonus points in this section. Cities can advocate against restrictive state law through council resolutions or declarations and engagement with state legislators. For more information on preemption laws, please see the 2016 MEI issue brief entitled Power Struggles and Preemption here or at www.hrc.org/mei. Required Documentation: Links to relevant news articles, copies of council resolutions or declarations, summaries of state-level advocacy by city officials, etc. 6 WWW.HRC.ORG/MEI EstimatedScorefor2018MunicipalEqualityIndexScorecard(MEI) (SO:SexualOrientation,GI:GenderIdentity)2018 2018DRAFT MaxPtsSOGIExpected PartI.NonDiscriminationLaw Employment10(5/5)000 Housing10(5/5)000 PublicAccomodations10(5/5)000 Bonus:AllGenderSingleOccupancyFacilities 20 Bonus:ProtectsYouthfromConversionTherapy 20 StandardPoints30(15/15)0 BonusPoints40 PartII.MunicipalityAsEmployer NonDiscriminationinCityEmployment14(7/7)7714 TransInclusiveHealthcareBenefits60 CityContractorNonDiscriminationOrdinance6(3/3)101 InclusiveWorkplace20 Bonus:CityEmployeeDomesticPartnerBenefits 10 StandardPoints2815 BonusPoints10 PartIII.MunicipalServices HumanRightsCommission55 EnforcementMechanisminHumanRightsCommission20 LGBTQLiaisoninCityExecutive'sOffice55 Bonus:YouthBullyingPreventionPolicyforCityServices 2(1/1)000 Bonus:CityprovidesservicestoLGBTQyouth 20 Bonus:CityprovidesservicestoLGBTQhomeless 20 Bonus:CityprovidesservicestoLGBTQelders 20 Bonus:CityprovidesservicestopeoplelivingwithHIVorAIDS 20 Bonus:Cityprovidesservicestothetransgendercommunity 20 StandardPoints1210 BonusPoints120 PartIV.LawEnforcement LGBTQPoliceLiaisonorTaskForce1010 Reported2015HateCrimesStatisticstotheFBI1212 StandardPoints2222 PartV.LeadershiponLGBTQEquality Leadership'sPublicPositiononLGBTQEquality054 Leadership'sProEqualityLegislativeorPolicyEfforts031 Bonus:OpenlyLGBTQElectedorAppointedMunicipalLeaders 20 Bonus:CityTestsLimitsofRestrictiveStateLaw 30 StandardPoints85 BonusPoints50 100 StandardPoints52 22 BonusPoints0 FinalScore52 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1259,Version:1 AGENDA CAPTION DeliberationsRegardingCertainPublicPowerUtilities:CompetitiveMatters-UnderTexasGovernmentCode Section 551.086; Consultation with Attorneys - Under Texas Government Code Section 551.071. Receiveapresentationfromstaffregardingpublicpowercompetitiveandfinancialmattersaboutpower purchaseagreementsunderdevelopmentasaresultoftheCity’sparticipationintheNewBraunfelsUtilities’ RequestforProposalforthepurchaseofsolar-generatedelectricpower(“NBURFP”);discussanddeliberate strategies,opportunitiesandagreementsfortheCitytopotentiallypurchasesolar-generatedelectricpowerasa resultoftheCity’sparticipationintheNBURFP.ConsultationwiththeCity’sattorneysregardinglegalissues associatedwiththeagreementsdescribedabovewherediscussionoftheselegalmattersinanopenmeeting wouldconflictwiththedutyoftheCity’sattorneystotheCityofDentonandtheDentonCityCouncilunder the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. City of DentonPage 1 of 1Printed on 8/10/2018 powered by Legistar© City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1203,Version:1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton approving revisions to the pilot bicycle share permit program to extend the term thereof; confirming the rules and regulations for the pilot bicycle program and the provisions for enforcement thereof; establishing a fee schedule for the permit program; proving a penalty clause; providing a severability clause; and declaring an effective date. City of DentonPage 1 of 1Printed on 8/10/2018 powered by Legistar© City of Denton _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Capital Projects CM/ DCM/ ACM: Mario Canizares DATE: August 14, 2018 SUBJECT BACKGROUND OPTIONS RECOMMENDATION PRIOR ACTION/REVIEW (Council, Boards, Commissions) FISCAL INFORMATION STRATEGIC PLAN RELATIONSHIP Related Key Focus Area: Safe, Liveable & Family-Friendly Community Related Goal: 5.5 Provide alternative modes of transportation EXHIBITS EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1248,Version:1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton authorizing the City Manager, or his designee, to execute an agreement with Texas Department of Transportation (“TXDOT”) for the furnishing and installation of traffic signal equipment at the intersection(s) of FM 2181 at Wind River, FM 2181 at Ryan, FM 2181 at Robinson, FM 2181 at Wheeler Ridge, FM 2181 at Hickory Creek, FM 2181 at Montecito, FM 2181 at Old Alton, FM 2181 at Sundown, and FM 2181 at Cedar Creek; authorizing the expenditure of funds thereof; and providing an effective date. City of DentonPage 1 of 1Printed on 8/10/2018 powered by Legistar© 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 14, 2018 SUBJECT Consider adoption of an Ordinance of the City Council of Denton, Texas authorizing the City Manager to execute and deliver an Agreement for Furnishing and Installing of Traffic Signal Equipment by a Municipality regarding the City’s request for reimbursement of the cost of installing traffic signals and other items directly related to the operation of three intersections on FM 2181 within the City that are specified in said agreement; providing the City Manager with authority to carry out the rights and duties of the City regarding said agreement; providing the City Manager with authority to expend funds therefor; providing an effective date. BACKGROUND The Texas Department of Transportation (TxDOT) has completed the design for the widening and improvement of FM 2181 from Wind River Lane to FM 2499 (City limits) and this project is currently under construction. Part of the project involves the installation of traffic signals at the intersections of FM 2181 with various cross streets including Wind River Lane, Sundown Boulevard, Ryan Road, Robinson Road, Wheeler Ridge Road, Hickory Creek Road, Montecito Drive, Cedar Creek Lane and Old Alton Road. The cost of the design and construction of these signals is included in the TxDOT project. However, the City of Denton uses a specific manufacturer’s equipment for traffic signal control cabinets, signal controllers, conflict monitors, advanced radar detection and video cameras at traffic signals within the city limits for uniformity of software, parts and maintenance. For this reason, the City will supply the desired equipment for installation by the State (listed in Exhibit A of the agreement) at these intersections. The attached agreement provides for the City to be reimbursed for these materials in the total projected amount of $767,430.00. After approval at City Council and execution, the agreement will be routed to TxDOT for further execution. OPTIONS 1.Approve the Agreement for Furnishing and Installing of Traffic Signal Equipment by a Municipality 2.Reject the Agreement for Furnishing and Installing of Traffic Signal Equipment by a Municipality RECOMMENDATION Staff recommends approval of the Agreement for Furnishing and Installing of Traffic Signal Equipment by a Municipality between the City of Denton and the Texas Department of Transportation in the amount of $767,430.00 for the provision of the desired traffic signal equipment at the intersections of FM 2181 with various cross streets including Wind River Lane, Sundown Boulevard, Ryan Road, Robinson Road, Wheeler Ridge Road, Hickory Creek Road, Montecito Drive, Cedar Creek Lane and Old Alton Road. ESTIMATED SCHEDULE OF PROJECT Approximately 24 months for completion of the FM 2181 widening project. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Not applicable FISCAL INFORMATION The source of funding for the City’s preferred equipment is the Traffic Operations Department operating budget. STRATEGIC PLAN RELATIONSHIP The City of Denton’s Strategic Plan is an action-oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Public Infrastructure Related Goal: 1.6 Collaborate with local, regional, state, and federal partners EXHIBITS 1.AIS 2.Ordinance 3.Agreement for Furnishing and Installing of Traffic Signal Equipment by a Municipality Respectfully submitted: Todd Estes Director of Capital Projects Prepared by: Pritam Deshmukh City Traffic Engineer City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1249,Version:1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton, Texas prohibiting parking on the southwest side of Hanover Drive from Windsor Drive to Croydon Street during school hours; providing a repealer clause, providing a savings clause; providing for a penalty not to exceed $500 for violations of this ordinance, providing that violations of this ordinance shall be governed by Chapter 18 of the Code of Ordinances of the City of Denton, and providing for an effective date. The Traffic Safety Commission recommends Option 1 (5- 0). City of DentonPage 1 of 1Printed on 8/10/2018 powered by Legistar© 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 14, 2018 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas prohibiting parking on the southwest side of Hanover Drive from Windsor Drive to Croydon Street during the school hours; providing a repealer clause, providing a savings clause; providing for a penalty not to exceed $500 for violations of this ordinance, providing that violations of this ordinance shall be governed by Chapter 18 of the Code of Ordinances of the City of Denton, and providing for an effective date. The Traffic Safety Commission recommends Option 1 (5-0). BACKGROUND Recently, City staff received a request from the Denton Independent School District (DISD) and the principal of Woodrow Wilson Elementary school to restrict parking during school hours along Hanover Drive between Windsor Drive and Croydon Street. The primary issue was the narrow street width resulting from the use of on-street parking (school side) as waiting area during school pick-up times. The segment of Hanover Drive between Windsor Drive and Croydon Street is approximately 32 feet in width and experiences on-street parking on the school side especially during student drop- off in the morning and pick-up times in the afternoon. The section of Hanover Drive between Croydon Street and end of the school campus is currently designated as a loading zone that does not allow on-street parking during the school hours. Woodrow Wilson Elementary School is an older school, which was designed as a neighborhood school where majority of the students were expected to walk to school. As such, the school does not have a designated pick-up/drop-off area and Hanover Drive south of Windsor Drive is used for these purposes. A large portion of students are now picked-up by parents at the southern end of the school campus along Hanover Drive. Vehicles typically stack along the curb in a line awaiting their turn to pick up the students. During this time, if a vehicle is parked along the west/south side (school side) of Hanover Drive between Windsor Drive and Croydon Street, vehicles picking-up students have to wait in the travel lane thus blocking the normal traffic flow and creating unsafe conditions. The current street width does not provide sufficient capacity to permit on-street parking and allow the use of this segment of Hanover Drive for pick-up and drop-off activities. As such DISD and the elementary school has requested the City to restrict parking along this segment of Hanover Drive during school hours. Staff notified the property owners and residents on this segment of Hanover Drive about the proposed discussion item regarding on-street parking to ensure that residents and property owners have an opportunity to voice any concerns they may have. Letters were mailed on May stth 1 and door hangers were placed on May 4 at residential addresses on Hanover Drive. A review of existing conditions and the available street width for two-way traffic along Hanover Drive and the traffic flow during school hours, staff recommends restricting parking on the south/west side of the street during school hours. OPTIONS 1. Approve restricting on-street parking on the southwest side of Hanover Drive between Windsor Drive to Croydon Street during the school hours. 2. Decline recommendation of parking restriction. 3. Provide staff with additional direction. RECOMMENDATION The Traffic Safety Commission considered this item at the May meeting and recommends Option 1 (5-0) for restricting parking on the southwest side of Hanover Drive (adjacent to the school) from Windsor Drive to Croydon Street during the school hours. ESTIMATED SCHEDULE OF PROJECT It is anticipated the work could be scheduled for completion within two weeks of Council approval. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Traffic Safety Commission considered this proposal at the May 7, 2018 meeting and recommended Council consideration 5-0. FISCAL INFORMATION Approximately $500 in labor and material cost for signage. 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: 4.1 Enhance public safety in the community EXHIBITS 1. AIS 2. Letter Notices to property owners and residents dated May 1, 2018 3. Door Hanger Notices dated May 4, 2018 4. Map of Hanover Drive 5. Ordinance Respectfully submitted: Todd Estes Director of Capital Projects Prepared by: Pritam Deshmukh City Traffic Engineer Capital Projects 901-A Texas Street Denton, Texas 76209 (940) 349-8910 fax (940) 349-8951 901-A Texas Street Denton, Texas 76209 (940) 349-8910 fax (940) 349-8951 May 1, 2018 Dear Resident or Property Owner, RE: Hanover Drive Parking The Traffic Safety Commission has been advised of safety concerns related to the on-street parking on Hanover Drive between Windsor Drive and Croydon Street. On-street parking on the west/south side (adjacent to school) of Hanover Drive impairs the mobility and safety of motorists during school drop-off and pick-up activities. As a property owner or resident on or adjacent to Hanover Drive, City of Denton officials want to ensure you have the opportunity to participate in the discussion regarding on-street parking on Hanover Drive. The Denton Traffic Safety Commission encourages your participation in the consideration of this issue as part of their September meeting. City of Denton Traffic Safety Commission Meeting Monday, May 7, 2018 5:30 pm City Council Work Session Room, Main City Hall 215 E. McKinney Street Denton, Texas 76201 Should you have any questions regarding this proposal, please feel free to contact Pritam Deshmukh, Senior Engineer at 940-349-7710. No Stopping/Standing During School Hours Proposed for Hanover Drive May 4, 2018 The Traffic Safety Commission has been advised of safety concerns related to the on-street parking on Hanover Drive between Windsor Drive and Croydon Street. On-street parking on the west/south side (adjacent to school) of Hanover Drive impairs the mobility and safety of motorists during school drop-off and pick-up activities. As a property owner or resident on or adjacent to Hanover Drive, City of Denton officials want to ensure you have the opportunity to participate in the discussion regarding on-street parking on Hanover Drive. The Denton Traffic Safety Commission encourages your participation in the consideration of this issue as part of their September meeting. City of Denton Traffic Safety Commission Meeting Monday, May 7, 2018 5:30 pm City Council Work Session Room, Main City Hall 215 E. McKinney Street Denton, Texas 76201 Should you have any questions regarding this proposal, please feel free to contact Pritam Deshmukh, Senior Engineer at 940-349-7710. City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1277,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,Texas,aTexashome-rulemunicipalcorporation, authorizingtheCityManager,orhisdesignee,toexecuteacontractthroughNationalJointPowersAlliance CooperativePurchasingNetworkContract#032515forthepurchaseofaCaterpillarInc.Model836Krefuse compactorfortheCityofDentonSolidWasteDepartment;authorizingtheexpenditureoffundstherefor;and declaringaneffectivedate(File6869-awardedtoB.D.HoltCO.dbaHoltTexas,Ltd.,inthenot-to-exceed amount of $1,031,787.07). City of DentonPage 1 of 1Printed on 8/10/2018 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 14, 2018 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, authorizing the City Manager, or his designee, to execute a contract through National Joint Powers Alliance Cooperative Purchasing Network Contract # 032515 for the purchase of a Caterpillar Inc. Model 836K refuse compactor for the City of Denton Solid Waste Department; authorizing the expenditure of funds therefor; and declaring an effective date (File 6869 awarded to B.D. Holt CO. dba Holt Texas, Ltd., in the not-to-exceed amount of $1,031,787.07). BACKGROUND Refuse compactors serve a critical purpose in solid waste operations. Compactors are used to spread the waste received at the landfill and compact it into dense layers in order to maximize the use of airspace and stabilize the landfill working face. Compaction is achieved through the weight of the machinery and the specialize pair of Caterpillar Model 826K refuse compactors to compact and stabilize the waste received at the d 2016. Since June 29, 2018, both units have While both units are down, the department has utilized a bulldozer to spread and compact waste. If the dozer becomes inoperable for a prolonged period of time, less capable machines will be utilized, and further machine breakdowns could require the department to divert waste to a different landfill facility. Staff estimates that repairs to the existing compactors will take several more weeks. As a result, staff assessed the feasibility and financial impact of replacing one of the disabled compactors. As part of a recent operational review, Blue Ridge Services, Inc. recommended that Solid Waste replace the existing Model 826K compactors with a larger Model 836K. This recommendation was made because the 836K compactor can improve waste compaction and save airspace. Additionally, the firm believed the volume of waste received by the landfill has led to the smaller 826K models being overworked. Staff performed an analysis on the financial impacts of replacing an existing compactor with an 836K model. The salvage value for an 826K model will cover the remaining debt service on the machine, and staff estimates the improved waste compaction will save approximately $2.46 million in landfill airspace per year. The 2015 unit is scheduled for replacement in early FY 2019-20; therefore, staff recommends replacing this unit with a Model 836K refuse compactor. Staff searched purchasing cooperatives for an available compactor and located a 2018 Caterpillar Inc. Model 836K Compactor available through B.D. Holt CO. dba Holt Texas, Ltd. Irving for $1,031,787.07. Upon purchase, the unit will be delivered to the landfill within three (3) weeks. Staff located lower cost units in a BOMAG BC1172 for $875,680 and an Al-Jon Series 600 for $940,319. However, neither unit was in inventory, and the build time for both units exceeded 90 days. The loss in airspace during the additional wait time for either machine is equivalent to approximately $545,900. In addition, staff in the Fleet Service Department expressed concern with the service capabilities associated with the lower cost machines. As a result, staff recommends purchasing the Caterpillar Inc. Model 836K. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On April 7, 2015, Council approved the Interlocal agreement with the National Joint Powers Alliance (Ordinance 2015-076). This item is scheduled for consideration by Public Utilities Board (PUB) on August 13, 2018. RECOMMENDATION Award the purchase of a Caterpillar Inc. Model 836K Refuse Compactor to B.D. Holt CO. dba Holt Texas, Ltd. Irving in the amount of $1,031,787.07. PRINCIPAL PLACE OF BUSINESS B.D. Holt Co. dba Holt Texas, LTD. San Antonio, TX ESTIMATED SCHEDULE OF PROJECT Delivery of items will occur within 30 days after receipt of order. FISCAL INFORMATION These items will be funded from existing unallocated debt from the Solid Waste capital improvement account 660643595. Requisition # 139270 has been entered into the Purchasing software system in the amount of $1,031,787.07. STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Public Infrastructure Related Goal: 2.3 Promote superior utility services and facilities EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Evaluation Sheet and Quotes Exhibit 3: Contract Exhibit 4: Ordinance Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Ethan Cox at 940-349-7421. EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 Barrett, Marissa M From:Barrett, Marissa M Sent:Wednesday, August 01, 2018 2:56 PM To:Barrett, Marissa M Subject:RE: City of Denton 836K revised quote machine 2 CƩƚƒʹPatrickDunn\[mailto:Patrick.Dunn@holtcat.com\] {ĻƓƷʹWednesday,July25,20181:33PM ƚʹHolland,Brad<Brad.Holland@cityofdenton.com> /ĭʹMorris,RandallS.<Randall.Morris@cityofdenton.com> {ǒĬƆĻĭƷʹCityofDenton836Krevisedquotemachine2 Bradthisisthemachinethatleadtimeis1month. Thisismachine2 My goal is to provide legendary customer service. Did I earn a 10 today? Please share your feedback. PatDunn Governmental Sales Representative 549 W Loop 820 N Fort Worth TX 76108 Office: 817-935-6030 Cell: 817-996-6348 patrick.dunn@holtcat.com 1 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 Barrett, Marissa M From:Holland, Brad Sent:Wednesday, August 01, 2018 2:58 PM To:Barrett, Marissa M Subject:FW: BC 1172 & BC 772 Rental Attachments:BC672 - 772 Product Overview.pdf; NJPA Bomag BC1172RB-4 Revised 7-12-18.pdf BradHolland FleetSpecialist CityofDenton 9403498422 CƩƚƒʹKirkTedford\[mailto:ktedford@rbeverett.com\] {ĻƓƷʹThursday,July26,20184:52PM ƚʹHolland,Brad<Brad.Holland@cityofdenton.com> {ǒĬƆĻĭƷʹBC1172&BC772Rental Brad, Iattachedabrochureonthe672/772compactorsforyourreview,aswellananothercopyofourNJPAcooperativebid quotefortheBomagBC1172RB4withballastedpremiumwheels. RBEverett&Co.hasplacedtheorderforanOctober2018deliveryofaNew2018modelBC1172asquotedhereforour stock.ThismachinewouldbemadeavailablefortheCityofDentontopurchaseundertheattachedNJPAbidquotation. SeparatelyBomagandRBEverettismakingthefollowingrentalproposalforyourconsideration: (1)UsedBomagBC772LandfillCompactorwithDozerBlade th (2)DeliverytotheCityLandfilltheweekofAugust12 (3)RentalRate:$9,000.00permonth Asofthistime,thecostsharingforthemachinesdeliveryfreighttotheĭźƷǤƭlandfillsiteisunknown. However,Bomagwillpayintotalthefreightfortheshipmentofthebladetoyourlandfillsiteforitslatermachine installationbyus. Themachinewouldbeshippedtoourlocationforitsscheduledpreventivemaintenancetobeperformedandany otherrepairsneededtomakethemachinejobsiteready. Thecostforassembly,setup,andtrainingatyourlocationisatnocosttothecity. Thankyouandpleasecontactmeanytimeifyouhaveanyquestions. BestRegards, YźƩƉĻķŅƚƩķ w͵.͵9ǝĻƩĻƷƷε/ƚ͵ 8179994095Cell 8172990010Office ktedford@rbeverett.com 1 EXHIBIT 2 RFP-PURCHASE AGREEMENT 2018ALJON SERIES 600LANDFILL COMPACTOR DATE: July 2, 2018 SELLER: PURCHASER: Al-jon by C&C MFG. LLC RFP 15075Aljon Avenue City of Denton Landfill Ottumwa, IA 52501 1527 S Mayhill RD. Phone:641-682-4506ext122 Denton TX 76208 Phone Contact: 940-783-1083 Contact: Denise StottlemyreContact: Brad Holland E-mail: denise@candcmfg.netE-mail: brad.holland@cityofdenton.com --------------------------------------------------------------------------------------------------------------------------------------------------------------- QUANTITY DESCRIPTION PRICE /.% Ȩΐȩ ΑΏΐΗ !,*/. 3%2)%3 ΐ ΑΏΐΗ 4¨¤± Γ Series 6ΏΏ - ¢§¨¤ 0±¨¢¤Ȁ ͡994,674.00 6ΏΏ 4)%2 Γ #/-0!#4/2 Landf¨«« #®¬¯ ¢³®±: #´²³®¬¤± $¨²¢®´³Ȁ Ȩ͡ΖΔǾΏΏΏȁΏΏȩ !6!),!",% 7)4( 6/,6/ - ¢§¨¤ 0±¨¢¤ ¶¨³§ $¨²¢®´³Ȁ ͡ΘΐΘǾΕΖΓȁΏΏ %.').%ȁ Engine: 4¨¤± Γ 6/,6/ 0%.4! Freight/Set-Up #®²³ !££¨³¨® «Ȁ ͡20,645.00 %¦¨¤ 4!$ΐΕΖΐ6% ȨΕΏΒ (0ȩ Wheel/Cleats: STANDARD WARRANTY ΐȁΔΔΑΕΓ)ȃ"¤ ¬ 7§¤¤« INCLUDED IN PURCHASE ¶¨³§ - ¢¯ ¢³®± $¨ ¬®£² ΐΏ OPTIONS INCLUDED: PRICE: !.35, &)2% 35002%33)/. 3934%- 4± ¢³¨® #«¤ ³² ȨΐΓΓ 4®³ «ȩ Total Coverage: One (1) Year or 2,000 Hours. This quote is given as anRFP request. Blade: ΐ 3¤¬¨ȃ5 "« £¤ Volvo Engine and Power NO Trade Machine. Train: Five (5) Years or 10,000 ASCO will do the service work on this unit, 72- 122,000 lbs. Hours hour service request should not be a problem Wire Wrap Damage/Wheel for ASCO. Structure: Five (5) Years or Aljon 600 machines are used in landfills with 10,000 Hours. 1,000 plus ton a day waste. Transport £ ²¤³-up from MacPactor Diamond Wheel Aljon 600I-Beam wheels have !«©® - #lj# ¥ ¢³®±¸ ³® , £¥¨«« Cleat Wear Life: 10,000 Hours cleats as standard, strongest in the industry $¤³® 4¤· ² $20,645.00 Full Tip Replacement (Partial for maximum compaction. Warranty up to 15,000 Hours) Ȩȴ!¯¯«¨¢ ¡«¤ ³ ·¤² ´«¤²² ³ · ¤·¤¬¯³ ¢¤±³¨¥¨¢ ³¤ ¨² ³³ ¢§¤£ȩ ./4% 0±¨¢¤² µ «¨£ ΜΓ $ ¸² $¤«¨µ¤±¸ ΜΓȃΔΕΓ $ ¸² ®± ¦±¤¤£ ´¯® £ ³¤ȁ ---------------------------------------------------------------------------------------------------------------------------------------------------------------- Approved Authorized PurchaserDate: EXHIBIT 2 TERMS AND CONDITIONS 1. Financing: The acceptance of this order is subject to the completing of a credit investigation and the approval and acceptance of the purchaser's aforesaid conditional sales contract, security agreement or promissory note bya finance company approved by seller. If financed by other than our company, a confirmation from said company will be requested before shipment and payment guaranteed upon delivery. 2. Warranty: Where the seller is not the manufacturer of the equipment described in this order, the seller makes no representation, warranties or guarantees, express or implied or statutory, whether with respect to quality, merchantability, and/or finesse for particular purposes or otherwise, which extends beyond the description of equipment, unless reduced to writing and made a part of this agreement, and in no event shall seller be liable to purchaser for anticipated profits or for incidental or consequential damages, and liability of seller hereunder, if any, shall be expressly limited to the manufacturer's warranty, or to such other warranty of seller as may be reduced to writing and made a part of this agreement. 3. Cancellation: Any deposits on purchase price or proceeds thereof if sold may be retained by seller as liquidated damages for breach of contract if purchaser fails or refuses to take goods ordered when ready for delivery. 4. Title: It is understood and agreed that until delivery of the equipment to purchaser the title thereto shall remain and be in the seller and shall continue in seller until full payment is made as provided herein. 5. No Verbal Agreements: There are no promises, verbal understandings or agreements of any kind pertaining to this agreement other than specified herein and no agent or employee of seller is authorized to make any such agreement unless specifically authorized by seller in writing. 6. Acceptance: This agreement shall be binding on seller only when signed and accepted by C&CManufacturing LLC, Ottumwa, Iowa, and any disputearising hereunder shall be governed by the Laws of the State of Iowa. 7. Taxes: The selling price of the item, subject of this Purchase Agreement, includes Federal Excise Tax on only a portion of the equipment sold. However, if under existing or future law passed by the United States, any state or municipality, Seller, in it's opinion, is required to pay or collect a tax, impost or charge on the manufacture, sale use or assembly of the items being purchased pursuant to this Purchase Order, the price tobe paid by Buyer shall be increased by the amount of such tax, impost or charge. The amount of such additional tax will be paid by Buyer to Seller upon demand. To secure the payment of said tax, impost or charge, Buyer hereby grants Seller a lien on said equipment which shall continue in full force and effect until the applicable statute of limitation on the assessment of any additional Federal, State or Municipal taxes against the Seller has expired. 8. Shipment Date: Is a good faith estimate by C&CManufacturing LLC, at time of quotation. Forces out of C&C Manufacturing LLCcontrol such as acts of war, force majeure, strikes, work slow downs, transportation delaysor delays by any of C&CManufacturing LLC, suppliers may affect shipping date. Under nocircumstances shall C&CManufacturing LLC, incur any liability to purchaser (whetherdelays are out of C&CManufacturing LLCcontrol) because ofa late shipment. EXHIBIT 2 Barrett, Marissa M From:Holland, Brad Sent:Wednesday, August 01, 2018 2:07 PM To:Barrett, Marissa M Subject:FW: Aljon Landfill Compactor RFP- Denton TX BradHolland FleetSpecialist CityofDenton 9403498422 CƩƚƒʹDeniseStottlemyre\[mailto:denise@candcmfg.net\] {ĻƓƷʹTuesday,July03,20182:53PM ƚʹHolland,Brad<Brad.Holland@cityofdenton.com> {ǒĬƆĻĭƷʹRE:AljonLandfillCompactorRFPDentonTX Youarewelcome.Letusknowifwecanaddressotherquestionsorconcerns. Denise AljonbyC&C CƩƚƒʹHolland,Brad<Brad.Holland@cityofdenton.com> {ĻƓƷʹTuesday,July3,20182:45PM ƚʹDeniseStottlemyre<denise@candcmfg.net> {ǒĬƆĻĭƷʹRE:AljonLandfillCompactorRFPDentonTX Thankyouverymuch BradHolland FleetSpecialist CityofDenton 9403498422 CƩƚƒʹDeniseStottlemyre\[mailto:denise@candcmfg.net\] {ĻƓƷʹTuesday,July03,20182:04PM ƚʹHolland,Brad<Brad.Holland@cityofdenton.com> /ĭʹGeoffCowan<geoff@candcmfg.net> {ǒĬƆĻĭƷʹAljonLandfillCompactorRFPDentonTX Brad,attachedistheRFPyourequestedfortheAljonSeries600landfillcompactorandacopyoftheMacpactorcleat warrantyforyourreview. IhavealsosentanoptionalRFPforour525modelunitifyouhaveanyinterestedinthatsizeofmachine. 1 EXHIBIT 2 IbelieveIhavesentyou2prioremailswithbrochuresandinformationonbothofthesemachines. SincethisisanRFPwewouldbehappytodiscussanythingaboutourproposalswithyouoranyoneelseifneeded includingameetingatDentonTexas. Thankyoufortheopportunityandlookforwardtohearingfromyou. Regards, DeniseStottlemyre SalesSolidWasteDivision C&CMFG.LLC 15075AljonAvenue Ottumwa,IA52501 (641)6824506ext.122 denise@candcmfg.net www.candcmfg.net 2 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1347,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,TexasapprovingaCitysponsorshipinanamountnotto exceed$1,000ofin-kindservicesandresourcesfortheNorthTexasStateFairAssociation’s(NTFA)NorthTexas Fair&RodeotobeheldbetweenthedatesofFriday,August17,2018toSunday,August25,2018;and providing an effective date. City of DentonPage 1 of 1Printed on 8/10/2018 powered by Legistar© City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: City Manager’s Office ACM: Mario Canizares DATE: August 14, 2018 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas approving a City sponsorship in an amount not to exceed $1,000 of in-kind services and resources for the North Texas State Fair Association’s (NTFA) North Texas Fair & Rodeo to be held between the dates of Friday, August 17, 2018 to Saturday, August 25, 2018; and providing an effective date. BACKGROUND The North Texas State Fair Association is a volunteer supported, non-profit community organization that preserves and promotes western heritage and values. The North Texas Fair and Rodeo contributes to the quality of life in the City of Denton, Denton County, and throughout the North Texas area. The North Texas Fair Association holds an annual rodeo and fair for nine days during the month of August. According to the mission of the North Texas State Fair Association they strive to preserve and promote an understanding of the agricultural industry. All revenue generated is reinvested into various programs, scholarships, and facilities. The North Texas Fair Association is requesting the use of 125 traffic cones from the City to support their traffic management program as attendees enter and exit the fairgrounds. In the past, the NTFA staff has coordinated the borrowing of the traffic cones through City staff. However, with the new ethics policies in place, the in-kind request must be approved by City Council. If the request is approved, 125 cones would be designated for the NTFA. NTFA staff would be responsible for the retrieving and returning the cones back to the City of Denton. Any cones not returned or damaged would be the responsibility of the NTFA to reimburse the City at $6.43 per cone. Overall city operations would not be negatively affected by these cones being in used at the fairgrounds. RECOMMENDATION The City of Denton has historically assisted the North Texas Fair Association’s Fair and Rodeo and it is recommended that this request be approved by City Council. PRIOR ACTION/REVIEW City Council meeting on May 22, 2018, for in-kind sponsorship and a $5,000 financial sponsorship from Denton Municipal Electric. FISCAL INFORMATION If approved, the City will provide in-kind services in an amount not to exceed $1,000 to provide traffic cones for the North Texas Fair and Rodeo to be held between the dates of Friday, August 17, 2018 to Saturday, August 25, 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: Safe, Livable & Family-Friendly Community Related Goal: 4.4 Provide outstanding leisure, cultural, and educational opportunities EXHIBITS Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance Exhibit 3 - Letter of Request Respectfully submitted: Mario Canizares Assistant City Manager Prepared by: Mario Canizares Assistant City Manager Richards, Karisa L. Nanci Kimmey <nkimmey@ntfair.com> From: Thursday, August 09, 2018 7:02 PM Sent: Canizares, Mario To: Traffic Cones for North Texas Fair and Rodeo Subject: DearMr.Canizares, Wearerequestingtoborrow125trafficconesforusefortheNorthTexasFairandRodeo.TheCityofDentonhas workedwithusforthepastseveralyears(13thatIknowof).Everyyear,TomShaw(retiredCityemployee)haspicked uptheconesandpowerwashedthembeforebringingthemback.IfconeshavebeendamagedorcomeupmissingΑ th )orTuesday(August wehavepromptlyreimbursedtheCity.WewouldliketopickthemuponMonday(August13 thth 14)andreturnthemMonday(August27). TheNorthTexasFairandRodeoisa501(c)(3)organizationthatbenefitsyouth,agriculture,andcommunity.Our partnershipwiththeCityofDentonmakesusbothstronger. Thankyouforyourtimeandeffortonourbehalf.Ilookforwardtohearingbackfromyou. Sincerely, Nanci M. Kimmey Executive Assistant North Texas State Fair Association (940) 387-2632 “It’s What Cowboys Do!” 1 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1312,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,Texas,aTexashome-rulemunicipalcorporation, authorizingtheCityManager,orhisdesignee,toexecuteacontractthroughtheBuyBoardCooperative PurchasingNetworkContractNumber521-16fortheacquisitionofsix(6)Peterbiltrefusecollectiontrucks Model520fortheCityofDentonSolidWasteDepartment;providingfortheexpenditureoffundstherefor;and providinganeffectivedate(File6866-awardedtoRushTruckCentersofTexas,L.P.intheamountof $1,826,172). City of DentonPage 1 of 1Printed on 8/10/2018 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 14, 2018 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, authorizing the City Manager, or his designee, to execute a contract through the Buy Board Cooperative Purchasing Network Contract Number 521-16 for the acquisition of six (6) Peterbilt refuse collection trucks Model 520 for the City of Denton Solid Waste Department; providing for the expenditure of funds therefor; and providing an effective date (File 6866- awarded to Rush Truck Centers of Texas, L.P. in the amount of $1,826,172). BACKGROUND This item is for the purchase of six (6) Peterbilt model 520 refuse collection trucks. All six (6) trucks are replacements for units that have met the replacement criteria based on age, maintenance, and mileage and will be replacing 2010 to 2012 year model trucks. Four (4) trucks will be equipped with automated side load bodies, and two (2) with front load bodies. Cooperative contract and non-contract pricing was obtained for each truck. The Buy Board Cooperative Purchasing Network Contract 521-16 was the lowest priced quote. The Cityhas requested standardization to the Peterbilt chassis for Class 7 and 8 trucks. Rush Enterprises is the parent company of all Peterbilt franchised dealerships in the State of Texas, and are considered a single source purchase. Pricing obtained through the Buy Board Cooperative Purchasing Network Contract # 521-16 has been competitively bid and meets the statutory requirements of Texas Local Government Code 271.102. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) This item is scheduled for consideration by Public Utilities Board (PUB) on August 13, 2018. RECOMMENDATION Award the purchase of six (6) Peterbilt refuse collection trucks to Rush Truck Center in the amount of $1,826,172; Purchase Request # 139324. PRINCIPAL PLACE OF BUSINESS Rush Truck Centers of Texas, L.P. New Braunfels, TX ESTIMATED SCHEDULE OF PROJECT The purchase and delivery of the trucks will occur within 90 days upon approval. FISCAL INFORMATION These items will be funded from the Solid Waste Department operating account 660226595. Request # 139324 has been entered into the Purchasing software system in the amount of $1,826,172. STRATEGIC PLAN RELATIONSHIP 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: Evaluation Sheet and Quotes 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. DocuSign Envelope ID: D13F2690-2449-4F48-8BA3-2504FB494697 5ƚĭǒƭźŭƓ /źƷǤ /ƚǒƓĭźƌ ƩğƓƭƒźƷƷğƌ /ƚǝĻƩƭŷĻĻƷ CźƌĻ bğƒĻ tǒƩĭŷğƭźƓŭ /ƚƓƷğĭƷ /źƷǤ /ƚǒƓĭźƌ ğƩŭĻƷ 5ğƷĻ tźŭŭǤ .ğĭƉ hƦƷźƚƓ /ƚƓƷƩğĭƷ 9ǣƦźƩğƷźƚƓ hƩķźƓğƓĭĻ DocuSign Envelope ID: D13F2690-2449-4F48-8BA3-2504FB494697 CONTRACT BY AND BETWEEN CITY OF DENTON, TEXAS AND RUSH TRUCK CENTERS OF TEXAS, LP (Contract #6866) THIS CONTRACT is made and entered into this date _______________________, by and between Rush Truck Centers of Texas, LP, a limited partnership, whose address is 555 I.H. 35 South, Suite 500, New Braunfels, TX 78130, 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 this City Contract # 6866- Solid Waste Refuse Trucks, a copy of which will be maintained on file at the office of Purchasing Agent and incorporated herein for all purposes. The Contract consists of this written agreement and the following items which are attached hereto, or on file, and incorporated herein by reference: (a) Special Terms and Conditions ; (b) Buyboard Cooperative Purchasing Contract #521-16 (on file at the office of the Purchasing Agent); (c) City of Denton Standard Terms and Conditions ; (d) Certificate of Interested Parties Electronic Filing (e) (Exhibit "E"); (f) House Bill 89 Verification (g) Senate Bill 252 Certification (h) Form CIQ Conflict of Interest Questionnaire (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 The parties agree to transact business electronically. Any statutory requirements that certain terms be in writing will be satisfied using electronic documents and signing. Electronic signing of this document will be deemed an original for all legal purposes. Contract 6866 DocuSign Envelope ID: D13F2690-2449-4F48-8BA3-2504FB494697 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. SUPPLIER THIS AGREEMENT HAS BEEN BY: ______________________________ BOTH REVIEWED AND APPROVED AUTHORIZED SIGNATURE as to financial and operational obligations and business terms. Name: ______________________________ Title: _______________________________ _______________ ________________ SIGNATURE PRINTED NAME __________________________________ PHONE NUMBER __________________________________ TITLE _________________________________ EMAIL ADDRESS __________________________________ NA DEPARTMENT TEXAS ETHICS COMMISSION CERTIFICATE NUMBER ATTEST: CITY OF DENTON, TEXAS JENNIFER WALTERS, CITY SECRETARY BY: __________________________________ BY: _____________________________ TODD HILEMAN CITY MANAGER APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: _______________________________ Contract 6866 DocuSign Envelope ID: D13F2690-2449-4F48-8BA3-2504FB494697 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. The purchase of additional quantities is subject to availability of the products specified in Exhibit E and pricing is subject to change BuyBoard pricing. 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 sup 3. Authorized Distributor The supplier shall be the manufacturer or authorized distributor of the proposed products. The distributor shall be authorized to se representative as needed by the City. 4. Total Contract Amount The contract total shall not exceed $1,826,172. Pricing shall be per Exhibit E attached. 5. 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 6866 DocuSign Envelope ID: D13F2690-2449-4F48-8BA3-2504FB494697 Exhibit C City of Denton Standard Purchase Terms and Conditions These standard Terms and Conditions and the Terms and Conditions, Specifications, Drawings contracts/purchase orders issued by the City of Denton hereinafter referred to as the City or Buyer and the Seller or respondent herein after referred to as Contractor or Supplier. Any deviations must Supplier. No Terms and Conditions contained in statement shall serve to modify the terms set forth herein. If there is a conflict between the provisions on the face of the contract/purchase order these written provisions will take precedence. The Contractor agrees that the contract shall be governed by the following terms and conditions, unless exceptions are duly noted and fully negotiated. Unless otherwise specified in the contract, Sections 3, 4, 5, 6, 7, 8, 20, 21, and 36 shall apply only to a solicitation to purchase goods, and sections 9, 10, 11, 22 and 32 shall apply only to a solicitation to purchase services to be performed -of-way. 1. . The Contractor shall fully and timely provide all the terms, covenants, and conditions of the Contract and all applicable Federal, State, and local laws, rules, and regulations. 2. EFFECTIVE DATE/TERM. Unless otherwise specified in the Solicitation, this Contract shall be effective as of the date the contract is signed by the City, and shall continue in effect until all obligations are performed in accordance with the Contract. 3. CONTRACTOR TO PACKAGE DELIVERABLES: The Contractor will package deliverables in accordance with good commercial practice and shall include a packing list showing the description of each item, the quantity and unit price unless otherwise provided in the Specifications or Supplemental Terms and Conditions, each shipping container shall be clearly address and purchase order or purchase release number and the price agreement number if applicable, (c) Container number and total number of containers, e.g. box 1 of 4 boxes, and (d) the number of the container bearing the packing list. The Contractor shall bear cost of packaging. Deliverables shall be suitably packed to secure lowest transportation costs and to conform to all the requirements of common carriers and any applicable specification. The City's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 4. SHIPMENT UNDER RESERVATION PROHIBITED: The Contractor is not authorized to ship the deliverables under reservation and no tender of a bill of lading will operate as a tender of deliverables. 5. TITLE & RISK OF LOSS: Risk of loss of the deliverables shall pass to the City only when the City actually receives the deliverables or at the time the City receives title to the deliverables if title is conveyed before the City receives possession. Contract 6866 DocuSign Envelope ID: D13F2690-2449-4F48-8BA3-2504FB494697 6. DELIVERY TERMS AND TRANSPORTATION CHARGES: Deliverables shall be shipped F.O.B. point of delivery unless otherwise specified in the Supplemental Terms and all delivery and transportation charges. 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 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 essential characteristics of the work sites, the quality and quantity of materials, equipment, labor and facilities necessary to perform the services, and any other condition or state of fact which could hereby releases and holds the City harmless from and against any liability or claim for damages of any kind or nature if the actual site or service conditions differ from expected conditions. The contractor shall, at all times, exercise reasonable precautions for the safety of their employees, City Staff, participants and o 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 6866 DocuSign Envelope ID: D13F2690-2449-4F48-8BA3-2504FB494697 C. If the City or the City's representative notifies the Contractor that any worker is incompetent, disorderly or disobedient, has knowingly or repeatedly violated safety regulations, has possessed any firearms, or has possessed or was under the influence of alcohol or drugs on the job, the Contractor shall immediately remove such worker from Contract services, and may not employ such worker again on Contract services without the City's prior written consent. Immigration: The Contractor represents and warrants that it shall comply with the requirements of the Immigration Reform and Control Act of 1986 and 1990 regarding employment verification and retention of verification forms for any individuals hired on or after November 6, 1986, who will perform any labor or services under the Contract and the Illegal Immigration Reform and 11. COMPLIANCE WITH HEALTH, SAFETY, AND ENVIRONMENTAL REGULATIONS comply fully with all applicable federal, state, and local health, safety, and environmental laws, ordinances, rules and regulations in the performance of the services, including but not limited to those promulgated by the City and by the Occupational Safety and Health Administration (OSHA). In case of conflict, the most stringent safety requirement shall govern. The Contractor shall indemnify and hold the City harmless from and against all claims, demands, suits, actions, 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 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 address and, if applicable, the tax identification number on the invoice must exactly match the 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 6866 DocuSign Envelope ID: D13F2690-2449-4F48-8BA3-2504FB494697 13. PAYMENT: A. All proper invoices need to be sent to Accounts Payable. Approved invoices will be paid within thirty ( 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. da which is not covered by insurance required to be provided by the Contractor; time specified in the Contract, and that the unpaid balance would not be adequate to cover actual or 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 priated 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. H. Deferred Payment Terms and Acknowledgement of Security Interest. (1) With respect to any vehicles purchased by the City from Contractor with deferred payment terms, the City hereby acknowledges and agrees to the following: Contract 6866 DocuSign Envelope ID: D13F2690-2449-4F48-8BA3-2504FB494697 Contractor pursuant to an Bank receives the full amount that Bank financed for such vehicle; (ii) based on such agreement, the City free and clear of, continue until Bank has received the total amount that Bank financed for such vehicle, at which interest in such Vehicle; and (iii) Bank may require the City to pay the purchase price for a vehicles directly to Bank, by providing written notice to the City at the address set forth in the Notice section below, and on receipt of such notice the City shall make payment directly to Bank. (2) In the event that the City pays any portion of the purchase price for a vehicle directly to Bank, Contractor shall credit such payment(s) against the amount the City owes to Contractor. (3) Notwithstanding the foregoing, on full payment for each vehicle, Contractor shall ensure that the vehicle is free and clear of any liens, mortgages, security interests or other encumbrances of third parties, including BMO, claiming by or through Contractor and shall pay all amounts necessary to discharge any such encumbrance. 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. 15. FINAL PAYMENT AND CLOSE-OUT: A. If a DBE/MBE/WBE Program Plan is agreed to and the Contractor has identified Subcontractors, the Contractor is required to submit a Contract Close-Out MBE/WBE Compliance Report to the Purchasing Manager no later than the 15th calendar day after completion of all work under the contract. Final payment, retainage, or both may be withheld if the Contractor is not in compliance with the requirements as accepted by the City. B. The making and acceptance of final payment will constitute: i. a waiver of all claims by the City against the Contractor, except claims (1) which have been previously asserted in writing and not yet settled, (2) arising from defective work appearing after final inspection, (3) arising from failure of the Contractor to comply with the Contract or the under the Contract, including but not limited to indemnity and warranty obligations, or (5) arising 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 Contract 6866 DocuSign Envelope ID: D13F2690-2449-4F48-8BA3-2504FB494697 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 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 identified in the Plan, unless the substitute has been accepted by the City in writing. No acceptance by the City of any Subcontractor shall constitute a waiver of any rights or remedies of the City with respect to defective deliverables provided by a Subcontractor. If a Plan has been approved, the Contractor is additionally required to submit a monthly Subcontract Awards and Expenditures Report to the Procurement Manager, no later than the tenth calendar day of each month. B. Work performed for the Contractor by a Subcontractor shall be pursuant to a written contract between the Contractor and Subcontractor. The terms of the subcontract may not conflict with the terms of the Contract, and shall contain provisions that: i. require that all deliverables to be provided by the Subcontractor be provided in strict accordance with the provisions, specifications and terms of the Contract; ii. prohibit the Subcontractor from further subcontracting any portion of the Contract without the prior written consent of the City and the Contractor. The City may require, as a condition to such further subcontracting, that the Subcontractor post a payment bond in form, substance and amount acceptable to the City; iii. require Subcontractors to submit all invoices and applications for payments, including any claims for additional payments, damages or otherwise, to the Contractor in sufficient time to enable the Contractor to include same with its invoice or application for payment to the City in accordance with the terms of the Contract; iv. require that all Subcontractors obtain and maintain, throughout the term of their contract, insurance in the type and amounts specified for the Contractor, with the City being a named insured as its interest shall appear; and v. require that the Subcontractor indemnify and hold the City harmless to the same extent as the Contractor is required to indemnify the City. C. The Contractor shall be fully responsible to the City for all acts and omissions of the Subcontractors just as the Contractor is responsible for the Contractor's own acts and omissions. Nothing in the Contract shall create for the benefit of any such Subcontractor any contractual relationship between the City and any such Subcontractor, nor shall it create any obligation on the part of the City to pay or to see to the payment of any moneys due any such Subcontractor except as may otherwise be required by law. Contract 6866 DocuSign Envelope ID: D13F2690-2449-4F48-8BA3-2504FB494697 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: Subject to Section 13.H. above, 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: A. Any warranties on any new goods sold by Contractor are limited only to any printed warranty provided by the applicable manufacturer of the goods. EXCEPT FOR ANY SUCH WARRANTIES MADE BY MANUFACTURERS, THE GOODS ARE SOLD WITHOUT ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EACH OF WHICH IS EXPRESSLY DISCLAIMED. B. Unless otherwise stated in the Solicitation, the deliverables shall be new or recycled merchandise, and not used or reconditioned. A. Recycled deliverables shall be clearly identified as such. B. Reserved. C. Reserved. D. Reserved. E. The assist and cooperate with the City to the fullest extent to enforce 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. Reserved. B. Unless otherwise specified in the Contract, the Services warranty period shall be ninety (90) days from the . The City remedy under the Services Warranty is the repair of any nonconforming portion of the Services. CONTRACTOR PROVIDES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, CONCERNING ITS SERVICES. The Services Warranty is strictly limited to Services performed by Contractor for the City. Contract 6866 DocuSign Envelope ID: D13F2690-2449-4F48-8BA3-2504FB494697 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. 24. RIGHT TO ASSURANCE: Whenever one party to the Contract in good faith has reason to question the 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 ble 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 thirty (30) calendar days, unless otherwise specified, after the date of such notice, unless the Contractor, within such thirty (3 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, limitation, cost of - judgment interest at the maximum lawful rate. Additionally, in the event of a default by the ears 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. NOTWITHSTANDING ANYTHING IN THIS CONTRACT TO THE CONTRARY, NEITHER PARTY WILL BE RESPONSIBLE IN ANY MANNER, WHETHER ARISING IN CONTRACT, TORT, OR OTHERWISE, FOR ANY: CONSEQUENTIAL, INCIDENTAL, INDIRECT, OR SPECIAL DAMAGE OF ANY NATURE, INCLUDING ANY LOSS OF ACTUAL OR EXPECTED PROFITS, SALES, OR GOODWILL. 28. TERMINATION WITHOUT CAUSE: The City shall have the right to terminate the notice. Upon receipt of a notice of termination, the Contractor shall promptly cease all further work pursuant to the Contract, with such exceptions, if any, specified in the notice of termination. The City shall pay the Contractor, to the extent of funds Appropriated or otherwise legally available for such purposes, for all goods delivered and services performed and obligations incurred prior to the date of termination in accordance with the terms hereof. 29. FRAUD: Fraudulent statements by the Contractor on any Offer or in any report or deliverable required to be submitted by the Contractor to the City shall be grounds for the termination of the Contract for cause by the City and may result in legal action. Contract 6866 DocuSign Envelope ID: D13F2690-2449-4F48-8BA3-2504FB494697 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 third party 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 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, ii. "Fault" shall means negligence, willful misconduct or a breach of any legally imposed strict liability standard. B. THE CONTRACTOR SHALL DEFEND, INDEMNIFY, AND HOLD THE CITY, ITS SUCCESSORS, ASSIGNS, OFFICERS, EMPLOYEES AND ELECTED OFFICIALS HARMLESS FROM AND AGAINST ALL INDEMNIFIED CLAIMS TO THE PROPORTIONATE EXTENT SUCH INDEMNIFIED CLAIMS ARISE OUT OF, INCIDENT TO, CONCERN OR RESULT FROM THE FAULT OF THE CONTRACTOR, OR THE CONTRACTOR'S AGENTS, EMPLOYEES OR SUBCONTRACTORS, IN THE CONTRACT. NOTHING HEREIN SHALL BE DEEMED TO LIMIT THE RIGHTS OF THE CITY OR THE CONTRACTOR (INCLUDING, BUT NOT LIMITED TO, THE RIGHT TO SEEK CONTRIBUTION) AGAINST ANY THIRD PARTY WHO MAY BE LIABLE FOR AN INDEMNIFIED CLAIM. 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 6866 DocuSign Envelope ID: D13F2690-2449-4F48-8BA3-2504FB494697 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 endorsements required to the City as verification of coverage prior to contract execution and within fourteen (14) calendar days after written request from the City. Failure to provide the required Certificate of Insurance may subject the Offer to disqualification from consideration for award. The Contractor must also forward a Certificate of Insurance to the City whenever a previously identified policy period has expired, or an extension option or hold over period is exercised, as verification of continuing coverage. iii. The Contractor shall not commence work until the required insurance is obtained and until such insurance has been reviewed by the City. Approval of insurance by the City shall not relieve or decrease the liability of the Contractor hereunder and shall not be construed to be a limitation of liability on the part of the Contractor. iv. The Contractor must submit certificates of insurance to the City for all subcontractors prior to the subcontractors commencing work on the project. companies licensed to do business in the State of Texas at the time the policies are issued and shall be written by companies with A.M. Best ratings of A- VII or better. The City Insurance Fund. vi. All endorsements naming the City as additional insured, waivers, and notices of cancellation endorsements as well as the Certificate of Insurance shall contain the solicitation number and the following information: City of Denton Materials Management Department 901B Texas Street Denton, Texas 76209 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 6866 DocuSign Envelope ID: D13F2690-2449-4F48-8BA3-2504FB494697 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) ca notice of erosion of the aggregate limits below occurrence limits for all applicable required minimums and are not intended to limit the responsibility or liability of the Contractor. B. Specific Coverage Requirements: Specific insurance requirements are contained in the solicitation instrument. 33. CLAIMS: If any claim, demand, suit, or other action is asserted against the Contractor which arises under or concerns the Contract, or which could have a material adverse effect on the City within ten (10) calendar days after receipt of notice by the Contractor. Such notice to the City shall state the date of notification of any such claim, demand, suit, or other action; the names and addresses of the claimant(s); the basis thereof; and the name of each person against whom such claim is being asserted. Such notice shall be delivered personally or by mail and shall be sent to the City and to the Denton City Attorney. Personal delivery to the City Attorney shall be to City Hall, 215 East McKinney Street, Denton, Texas 76201. 34. NOTICES: Unless otherwise specified, all notices, requests, or other communications required or appropriate to be given under the Contract shall be in writing and shall be deemed delivered three (3) business days after postmarked if sent by U.S. Postal Service Certified or Registered Mail, Return Receipt Requested. Notices delivered by other means shall be deemed delivered upon receipt by the addressee. Routine communications may be made by first class mail, telefax, or other commercially accepted means. Notices to the Contractor shall be sent to the address specified to the City shall be addressed to the City at 901B Texas Street, Denton, Texas 76209 and marked to the attention of the Purchasing Manager. 35. RIGHTS TO BID, PROPOSAL AND CONTRACTUAL MATERIAL: All material submitted by the Contractor to the City shall become property of the City upon receipt. Any portions of such material claimed by the Contractor to be proprietary must be clearly marked as such. Determination of the public nature of the material is subject to the Texas Public Information Act, Chapter 552, and Texas Government Code. 36. NO WARRANTY BY CITY AGAINST INFRINGEMENTS: The Contractor represents and warrants to the City that: (i) the Contractor shall provide the City good and indefeasible title to the deliverables and (ii) the deliverables supplied by the Contractor in accordance with the specifications in the Contract will not infringe, directly or contributorily, any patent, trademark, copyright, trade secret, or any other intellectual property right of any kind of any third party; that no claims have been made by any person or entity with respect to the ownership or operation of the deliverables and the Contractor does not know of any valid basis for any such claims. The Contractor shall, at its sole expense, defend, indemnify, and hold the City harmless from and against all liability, damages, and costs (including court costs and reasonable fees of attorneys and and its use of the deliverables infringes the intellectual property rights of any third party; or (ii) Contract 6866 DocuSign Envelope ID: D13F2690-2449-4F48-8BA3-2504FB494697 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- ations 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 inventions, employee information, trade secrets, confidential know-how, confidential business information, and other information which the City or its licensors consider confidential) Confidential Information is the valuable property of the City and/or its licensors and any unauthorized use, disclosure, dissemination, or other release of the Confidential Information will substantially injure the City and/or its licensors. The Contractor (including its employees, subcontractors, agents, or representatives) agrees that it will maintain the Confidential Information in strict confidence and shall not disclose, disseminate, copy, divulge, recreate, or otherwise use the Confidential Information without the prior written consent of the City or in a manner not expressly permitted under this Agreement, unless the Confidential Information is required to be disclosed by law or an order of any court or other governmental authority with proper jurisdiction, provided the Contractor promptly notifies the City before disclosing such information so as to permit the City reasonable time to seek an appropriate protective order. The Contractor agrees to use protective measures no less stringent than the Contractor uses within its own business to protect its own most valuable information, which protective measures shall under all circumstances be at least reasonable measures to ensure the continued confidentiality of the Confidential Information. 38. OWNERSHIP AND USE OF DELIVERABLES: Reserved. 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, w 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. Contract 6866 DocuSign Envelope ID: D13F2690-2449-4F48-8BA3-2504FB494697 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 th Interest Questionnaire. 44. INDEPENDENT CONTRACTOR: The Contract shall not be construed as creating an be those of an independent contractor. The Contractor agrees and understands that the Contract does not grant any rights or privileges established for employees of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, 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. Contract 6866 DocuSign Envelope ID: D13F2690-2449-4F48-8BA3-2504FB494697 49. DISPUTE RESOLUTION: A. If a dispute arises out of or relates to the Contract, or the breach thereof, the parties agree to negotiate prior to prosecuting a suit for damages. However, this section does not prohibit the filing of a lawsuit to toll the running of a statute of limitations or to seek injunctive relief. Either party may make a written request for a meeting between representatives of each party within fourteen (14) calendar days after receipt of the request or such later period as agreed by the parties. Each party shall include, at a minimum, one (1) senior level individual with decision-making authority regarding the dispute. The purpose of this and any subsequent meeting is to attempt in good faith to negotiate a resolution of the dispute. If, within thirty (30) calendar days after such meeting, the parties have not succeeded in negotiating a resolution of the dispute, they will proceed directly to mediation as described below. Negotiation may be waived by a written agreement signed by both parties, in which event the parties may proceed directly to mediation as described below. B. If the efforts to resolve the dispute through negotiation fail, or the parties waive the negotiation process, the parties may select, within thirty (30) calendar days, a mediator trained in mediation skills to assist with resolution of the dispute. Should they choose this option; the City and the Contractor agree to act in good faith in the selection of the mediator and to give consideration to qualified individuals nominated to act as mediator. Nothing in the Contract prevents the parties from relying on the skills of a person who is trained in the subject matter of the dispute or a contract interpretation expert. If the parties fail to agree on a mediator within thirty (30) calendar days of initiation of the mediation process, the mediator shall be selected by the Denton County Alternative Dispute Resolution Program (DCAP). The parties agree to participate in mediation in good faith for up to thirty (30) calendar days from the date of the first mediation session. The City and the 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 6866 DocuSign Envelope ID: D13F2690-2449-4F48-8BA3-2504FB494697 52. HOLIDAYS: The following holidays are observed by the City: MLK Day Memorial Day 4th of July Labor Day Thanksgiving Day Day After Thanksgiving Christmas Eve (observed) Christmas Day (observed) If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal Holiday falls on Sunday, it will be observed on the following Monday. Normal hours of operation shall be between 8:00 am and 4:00 pm, Monday through Friday, excluding City of Denton Holidays. Any scheduled deliveries or work performance not within the normal hours of operation must be 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: 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: 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) \[Is the Buy American Act applicable to this purchase?\] No The following federally funded requirements are applicable. A. Definitions. As used in this paragraph i. "Component" means an article, material, or supply incorporated directly into an end product. ii. "Cost of components" means - (1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or Contract 6866 DocuSign Envelope ID: D13F2690-2449-4F48-8BA3-2504FB494697 (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. 61. FEDERAL, STATE, AND LOCAL REQUIREMENTS: Respondent shall demonstrate on- site compliance with the Federal Tax Reform Act of 1986, Section 1706, amending Section 530 of the Revenue Act of 1978, dealing with issuance of Form W-2's to common law employees. Respondent is responsible for both federal and State unemployment insurance coverage and all federal and State tax laws and withholding requirements. The City of Denton shall not be liable Contract 6866 DocuSign Envelope ID: D13F2690-2449-4F48-8BA3-2504FB494697 to Respondent or its employees for any Unemployment or Workers' Compensation coverage, or federal or State withholding requirements. Contractor shall indemnify the City of Denton and shall pay all costs, penalties, or losses resulting from Respondent's omission or breach of this Section. 62. DRUG FREE WORKPLACE: The contractor shall comply with the applicable provisions of the Drug-Free Work Place Act of 1988 (Public Law 100-690, Title V, Subtitle D; 41 U.S.C. 701 ET SEQ.) and maintain a drug-free work environment; and the final rule, government-wide requirements for drug-free work place (grants), issued by the Office of Management and Budget and the Department of Defense (32 CFR Part 280, Subpart F) to implement the provisions of the Drug-Free Work Place Act of 1988 is incorporated by reference and the contractor shall comply with the relevant provisions thereof, including any amendments to the final rule that may hereafter be issued. 63. RESPONDENT LIABILITY FOR DAMAGE TO GOVERNMENT PROPERTY: The Respondent shall be liable for all damages to government-owned, leased, or occupied property and equipment caused by the Respondent and its employees, agents, subcontractors, and suppliers, including any delivery or cartage company, in connection with any performance pursuant to the Contract. The Respondent shall notify the City of Denton Procurement Manager in writing of any such damage within one (1) calendar day. 64. FORCE MAJEURE: The City of Denton, any Customer, and the Respondent shall not be responsible for performance under the Contract should it be prevented from performance by an act of war, order of legal authority, act of God, or other unavoidable cause not attributable to the fault or negligence of the City of Denton. In the event of an occurrence under this Section, the Respondent will be excused from any further performance or observance of the requirements so affected for as long as such circumstances prevail and the Respondent continues to use commercially reasonable efforts to recommence performance or observance whenever and to whatever extent possible without delay. The Respondent shall immediately notify the City of Denton Procurement Manager by telephone (to be confirmed in writing within five (5) calendar days of the inception of such occurrence) and describe at a reasonable level of detail the circumstances causing the non-performance or delay in performance. 65. NON-WAIVER OF RIGHTS: Failure of a Party to require performance by another Party under the Contract will not affect the right of such Party to require performance in the future. No the Contract shall operate to limit, impair, preclude, cancel, waive or otherwise affect such right or remedy. A waiver by a Party of any breach of any term of the Contract will not be construed as a waiver of any continuing or succeeding breach. 66. NO WAIVER OF SOVEREIGN IMMUNITY: The Parties expressly agree that no provision of the Contract is in any way intended to constitute a waiver by the City of Denton of any immunities from suit or from liability that the City of Denton may have by operation of law. 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. Contract 6866 DocuSign Envelope ID: D13F2690-2449-4F48-8BA3-2504FB494697 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. dard terms and conditions 4. Purchase order 5. Supplier terms and conditions Contract 6866 DocuSign Envelope ID: D13F2690-2449-4F48-8BA3-2504FB494697 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 s days. Contract 6866 DocuSign Envelope ID: D13F2690-2449-4F48-8BA3-2504FB494697 EXHIBIT E DocuSign Envelope ID: D13F2690-2449-4F48-8BA3-2504FB494697 EXHIBIT E DocuSign Envelope ID: D13F2690-2449-4F48-8BA3-2504FB494697 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. 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. -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: D13F2690-2449-4F48-8BA3-2504FB494697 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 Management Department. ___________________________________ Name of Company Representative (Print) ________________________________ Signature of Company Representative _________________________________ Date DocuSign Envelope ID: D13F2690-2449-4F48-8BA3-2504FB494697 Exhibit CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. Name of vendor who has a business relationship with local governmental entity. 1 2 Check this box if you are filing an update to a previously filed questionnaire. th (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7 business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information in this section is being disclosed. Name of Officer This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor? Yes No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of one percent or more? Yes No D. Describe each employment or business and family relationship with the local government officer named in this section. 4 I have no Conflict of Interest to disclose. 5 Signature of vendor doing business with the governmental entity Date Certificate Of Completion Envelope Id: D13F269024494F488BA32504FB494697Status: Sent Subject: Please DocuSign: City Council Contract 6866-SW Refuse Trucks Source Envelope: Document Pages: 28Signatures: 6Envelope 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 8/9/2018 12:28:00 PM jody.word@cityofdenton.com Signer EventsSignatureTimestamp Jody WordSent: 8/9/2018 12:46:16 PM Completed jody.word@cityofdenton.comViewed: 8/9/2018 12:46:24 PM BuyerSigned: 8/9/2018 12:48:57 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 Bill SpradlingSent: 8/9/2018 1:52:18 PM spradlingb@rushenterprises.comResent: 8/9/2018 2:13:18 PM Director of Specialty MarketsViewed: 8/9/2018 2:17:18 PM Rush Truck Centers of Texas, LPSigned: 8/9/2018 2:21:13 PM Signature Adoption: Uploaded Signature Image Security Level: Email, Account Authentication Using IP Address: 65.112.229.251 (None) Electronic Record and Signature Disclosure: Accepted: 8/9/2018 2:17:18 PM ID: ba1c4fd4-4464-44a4-b1e2-5a840559a2de ethan coxSent: 8/9/2018 2:21:15 PM ethan.cox@cityofdenton.comViewed: 8/9/2018 2:21:58 PM Director of Solid WasteSigned: 8/9/2018 2:22:17 PM Security Level: Email, Account Authentication Signature Adoption: Pre-selected Style (None) Using IP Address: 47.190.47.120 Signed using mobile Electronic Record and Signature Disclosure: Accepted: 8/7/2018 2:24:18 PM ID: feebacc3-151e-47bb-af6d-be8889ffcb35 Mack ReinwandSent: 8/9/2018 2:22:20 PM mack.reinwand@cityofdenton.comViewed: 8/9/2018 2:38:16 PM City of DentonSigned: 8/9/2018 2:46:15 PM Security Level: Email, Account Authentication Signature Adoption: Pre-selected Style (None) Using IP Address: 129.120.6.150 Electronic Record and Signature Disclosure: Not Offered via DocuSign Signer EventsSignatureTimestamp Tabitha MillsopSent: 8/9/2018 2:46:18 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: 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 In Person Signer EventsSignatureTimestamp Editor Delivery EventsStatusTimestamp Agent Delivery EventsStatusTimestamp Intermediary Delivery EventsStatusTimestamp Certified Delivery EventsStatusTimestamp Carbon Copy EventsStatusTimestamp Hal HollowaySent: 8/9/2018 1:52:21 PM HollowayH@RushEnterprises.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 8/9/2018 1:35:32 PM ID: 6694c5e4-a4eb-44f3-91cb-d076e660212b Sherri ThurmanSent: 8/9/2018 2:22:19 PM sherri.thurman@cityofdenton.com City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Lori HewellSent: 8/9/2018 2:46:18 PM lori.hewell@cityofdenton.comViewed: 8/9/2018 2:47:07 PM Purchasing Manager City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Carbon Copy EventsStatusTimestamp 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 Terry Kader Terry.Kader@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jody Word jody.word@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Ethan Cox ethan.cox@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 8/7/2018 2:24:18 PM ID: feebacc3-151e-47bb-af6d-be8889ffcb35 Notary 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McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1252,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,Texas,authorizingtheCityManager,orhisdesignee, toexecuteanAdvanceFundingAgreement(AFA)intheamountof$6,864,979.98,byandbetweentheStateof Texas,actingthroughtheTexasDepartmentofTransportation(the“State”)andtheCityofDenton(the“City”), regardingwaterandwastewaterimprovementsassociatedwiththeUS377(FtWorthDrive)roadwaywidening project.TheCitywillmaketwoincrementalpaymentstotheState.Thefirstpaymentwillbeuponfull executionoftheAFAandwillbeintheamountof$3,864,979.98.Thesecondpaymentwillbeintheamountof $3,000,000.00 after receiving additional RTR funds from NCTCOG in the amount of $3,000,000.00. City of DentonPage 1 of 1Printed on 8/10/2018 powered by Legistar© 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 14, 2018 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager, or his designee, to execute an Advance Funding Agreement (AFA) in the amount of $6,864,979.98, by and between the State of Texas, acting through the Texas Department of Transportation (the “State”) and the City of Denton (the “City”), regarding water and wastewater improvements associated with the US 377 (Ft Worth Drive) roadway widening project. The City will make two incremental payments to the State. The first payment will be upon full execution of the AFA and will be in the amount of $3,864,979.98. The second payment will be in the amount of $3,000,000.00 after receiving additional RTR funds from NCTCOG in the amount of $3,000,000.00. BACKGROUND The US 377 (Ft Worth Drive) road widening project requires the City of Denton to relocate several existing water and wastewater utility lines which are in conflict with the proposed roadway improvements. Through an Advance Funding Agreement, the State provides a way for utility operators to have their relocation work incorporated into the scope of a State project so that the work is performed under the supervision and coordination of the State’s construction contractor. The City has elected to utilize this type of agreement for the US 377 project so as to allow the State to bid the contract during the 2018 Fiscal Year. th Bids for the project were received by TxDOT on July 10 2018. There were nine bidders for the project. The low bidder was SEMA Construction, Inc. with a total bid of $43,621,757.47 for the overall total project including both the TxDOT roadway and City of Denton public utility improvements. The table below shows the overall bid and the public utility bid for each of the nine bidders. The low overall bid and the low public utility bid have been highlighted: BidderNameOverallBidPublicUtilityBid 1SEMAConstruction,Inc.$43,621,757.47$6,129,446.40 2SterlingDelawareHoldingCompany,Inc.$44,281,030.62$4,581,197.80 3BalfourBeattyInfrastructure,Inc.$45,187,736.15$3,957,250.29 4AustinBridge&RoadServices,LP$45,673,886.34$3,549,800.47 5JagoePublicCompany$47,492,272.19$6,300,887.59 6EdBellConstructionCompany$48,739,724.00$6,595,409.95 7OHLUSA,Inc.$48,805,077.63$6,008,809.53 8SundtConstruction,Inc.$49,425,466.58$4,341,706.20 9ZachryConstructionCorporation$52,035,641.05$3,684,999.61 As shown in the table, SEMA’s bid for the City of Denton public utility work is $6,129,446.40. That cost is much higher than the cost originally anticipated by the City of Denton. Prior to the bid opening, the City of Denton estimated the cost of the public utility work to be $3,211,720.00. Fortunately, all project stakeholders including TxDOT, NCTCOG, Denton County and the City of Denton agree the bids for the public utility work came in unreasonably high from the overall low bidder. To resolve the situation and allow the project to move forward on schedule, NCTCOG has agreed to propose Regional Transportation Council (RTC) approval at the October 2018 meeting of $3,000,000 of Regional Toll Revenue (RTR) funds for use in covering the public utility cost overrun. Their proposed solution is outlined in the letter included as Exhibit 2 to this AIS. Regarding the Advance Funding Agreement, the total amount of the payment required to TxDOT for funding of the public utility improvements is equal to SEMA’s public utility bid plus additional costs in the amount of 2% for barricades, 5% for mobilization and 5% for engineering/contingency (12% total). Therefore, the total amount of the Advance Funding Agreement is $6,129,446.40 x 1.12 or $6,864,979.98. NCTCOG is proposing approval of an additional $3,000,000 of RTR funds for the project, so the total City of Denton funding obligation is anticipated to be $3,864,979.98. This is less than what the City would be obligated to pay if the low utility bid highlighted in the table above plus 12% was used for calculation of the AFA amount. The Agreement sets out the terms and conditions for payment by the City to the State for the public utility portion of the work. The City will make two incremental payments to the State. The first payment will be upon full execution of the Agreement and will be in the amount of $3,864,979.98. The second payment will be made by February 16, 2019 in the amount of $3,000,000.00. This will be after the City of Denton receives the additional RTR funds that are anticipated to be approved at the October 2018 RTC meeting. The total payment specified in the Agreement is meant to represent the maximum payment liability for the City regarding this project. However, if the City elects to add work through a change order then the City would be responsible for paying those costs in addition to the amount already furnished to the State through the Agreement. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) PUB Consideration of Draft AFA on July 9, 2018 PUB Consideration of Final AFA on August 13, 2018 OPTIONS 1.Approve the Ordinance approving the Advance Funding Agreement to permit the State’s contractor to do the utility improvements associated with the US 377 road widening project. 2.Reject the Ordinance approving the Agreement. Rejection will require the City to bid the utility improvements associated with the US 377 road widening project as a separate project. This will delay the State’s road project by approximately 18 months. 3.Table for future consideration. RECOMMENDATION Staff recommends approval of the Ordinance approving the Advance Funding Agreement. The Agreement will allow the US 377 road widening project to proceed on schedule. ESTIMATED SCHEDULE OF PROJECT TxDOT is estimating construction to begin in November 2018 and to complete in November 2020. FISCAL INFORMATION The water replacementportion of this project will be funded from the Water Department account 630264523.1360.40100 in an amount of $2,064,979.98. The remaining budget amount for this item is $3,261,087.25. The wastewater replacementportion of this project will be funded from the Wastewater Department account 640213541.1360.40100 in an amount of $1,800,000.00. The remaining budget amount for this item is $1,934,566.79. RTR funds will be used for the remaining amount of $3,000,000.00. STRATEGIC PLAN RELATIONSHIP The City of Denton’s Strategic Plan is an action-oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Public Infrastructure Related Goal: 1.6 Collaborate with local, regional, state, and federal partners EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Letter from NCTCOG Exhibit 3: Project Map Exhibit 4: Presentation Exhibit 5: Ordinance and Advance Funding Agreement Respectfully submitted: W. Todd Estes, P.E. City Engineer For information concerning this agreement, contact: Chad Allen, P.E., ext. 7713 August 3, 2018 Mr. Mark Nelson Transportation Director City of Denton 215 East McKinney Street Denton, TX 76021 Dear Mr. Nelson: This letter is in response to a request received on July 12, 2018, from the City of Denton consultant and the Texas Department of Transportation (TxDOT), regarding the cost overrun on the US 377 from IH 35E to South of FM 1830 project. Approximately $3 million was requested to assist in funding utility overruns to ensure that the US 377 project can stay on schedule. The North Central Texas Council of Governments (NCTCOG) recognizes the significance of the US 377 project, as it provides congestion relief to a regionally significant arterial and provides needed sidewalk improvements. NCTCOG also recognizes the time-sensitive nature of this project request in regards to the utility relocation needed to complete the project. Therefore, in partnership with the City and TxDOT, NCTCOG will propose Regional Transportation Council (RTC) approval of $3 million of Regional Toll Revenue (RTR) funds be made available to cover the cost overrun. Per RTR funding policy, there is an 80 percent regional/20 percent local funding share, with the City providing a required 20 percent cash match. Below is a breakdown of the funding exchange: $3,750,000 Cost overrun/requested funding $3,000,000 80% regional funding requested $750,000 20% local cash match In accordance with the City of Denton TxDOT, the City can utilize pre- award authority for time-sensitive utility relocation expenses that are in excess of existing utility funding and necessary to the completion of the project. Mr. Mark Nelson Page Two August 3, 2018 The City will need to submit a Transportation Improvement Program (TIP) modification for additional funding via the November 2018 cycle by the August 3, 2018 deadline. Please contact Christie Gotti at (817) 608-2338 or cgotti@nctcog.org for any questions you may have. Sincerely, Michael Morris, P.E. Director of Transportation CD:bw cc: Ceason Clemens, P.E., Deputy District Engineer, TxDOT Dallas District Todd Estes, P.E., Director of Capital Projects, City of Denton John Polster, President, ITS Inc. Kenneth Bunkley, Principal Transportation Planner, NCTCOG City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1295,Version:1 AGENDA CAPTION Holdapublichearingonaproposaltoadoptataxrateof$0.620477withamaximumallowablerateof $0.637856 per $100 valuation, which will not exceed the lower of the effective or rollback tax rate. City of DentonPage 1 of 1Printed on 8/10/2018 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 14, 2018 SUBJECT Hold a public hearing on a proposal to adopt a tax rate of $0.620477 with a maximum allowable rate of $0.637856 per $100 valuation, which will not exceed the lower of the effective or rollback tax rate. BACKGROUND The Texas Constitution and Texas Property Tax Code require taxing units to comply with specific guidelines in adopting tax rates. The guidelines are related to a concept known as truth-in-taxation. This concept is a way to make taxpayers aware of tax rate proposals and allow tax payers in certain circumstances, to roll back or limit a tax increase. The truth-in-taxation guidelines require taxing entities to calculate and publish their effective and rollback tax rates (Exhibit 2 2018 Notice of Proposed Tax Rate). The effective rate is the calculated rate that would provide the taxing unit approximately the same amount of revenue it received in the previous year on properties taxed in both years. This rate is adjusted for new exemptions, value loss due to court appeals of 8 effective rate is $0.685168/$100 valuation. The rollback rate divides the total property tax revenue into support for maintenance and operations (M&O) taxes and debt service taxes. It provides approximately the same amount of revenue as in the previous year for maintenance and operations expenses, plus an extra eight percent, plus the necessary debt service tax rate. If a taxing unit adopts a tax rate higher than the rollback rate, the voters have the option to petition for 8 rollback rate is $0.729101/$100 valuation. 8-19 Proposed Annual Program of Services recommends a tax rate of $0.620477 per $100 of valuation which approximately $0.065 below the effective tax rate and $0.017 below . While does not exceed the lower of effective or rollback tax rates, two public hearings are being held prior to the budget adoption. In compliance with state law, staff published the Notice of the Proposed Tax Rate in the in the Denton Record Chronicle http://www.cityofdenton.com and the public access channel. 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. 2018 Notice of Proposed Tax Rate 3. Presentation Respectfully submitted: Antonio Puente, Jr., 349-7283 Director of Finance NOTICE OF 2018 TAX YEAR PROPOSED PROPERTY TAX RATE FOR CITY OF DENTON A tax rate of $0.637856 per $100 valuation has been proposed for adoption by the governing body of the City of Denton. This tax rate will not exceed the lower of the effective or rollback tax rate, and state law requires that two public hearings be held by the governing body before adopting the proposed tax rate. The governing body of the City of Denton proposes to use revenue attributable to the tax rate increase for the purpose of paying maintenance and operation expenses, and debt service. PROPOSED TAX RATE $0.637856 per $100 $0.637856 per $100 EFFECTIVE TAX RATE $0.685168 per $100 ROLLBACK TAX RATE $0.729101 per $100 The effective tax rate is the total tax rate needed to raise the same amount of property tax revenue for the City of Denton from the same properties in both the 2017 tax year and the 2018 tax year. The rollback tax rate is the highest tax rate the City of Denton may adopt before voters are entitled to petition for an election to limit the rate that may be approved to the rollback rate. YOUR TAXES OWED UNDER ANY OF THE ABOVE RATES CAN BE CALCULATED AS FOLLOWS: property tax amount = ( rate ) x ( taxable value of your property ) / 100 For assistance or detailed information about tax calculations, please contact: Michelle French Denton County Tax Assessor-Collector 1505 E. McKinney Street, Denton, TX, 76209 940-349-3500 Property.Tax@dentoncounty.com http://tax.dentoncounty.com You are urged to attend and express your views at the following public hearings on the proposed tax rate: First Hearing: 6:30 p.m. on August 14, 2018 at City Hall, 215 E. McKinney Street, Denton, TX, 76201 Second Hearing: 6:30 p.m. on September 11, 2018 at City Hall, 215 E. McKinney Street, Denton, TX, 76201