HomeMy WebLinkAbout2020-03-31 Agenda with Backup - SpecialCity Council
City of Denton
Meeting Agenda
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Work Session Room1:00 PMTuesday, March 31, 2020
SPECIAL CALLED
CLOSED MEETING BEGINS AT 1:00 P.M. IN THE WORK SESSION ROOM
WORK SESSION BEGINS AT 2:00 P.M. IN THE WORK SESSION ROOM
CITY COUNCIL CONSIDERATION OF THE CONSENT AGENDA AND ITEMS FOR
INDIVIDUAL CONSIDERATION WILL BEGIN IMMEDIATELY FOLLOWING THE WORK
SESSION IN THE WORK SESSION ROOM
Note: Mayor Chris Watts, Mayor Pro Tem Gerard Hudspeth, and Council Members Keely Briggs, Jesse
Davis, John Ryan, Deb Armintor and Paul Meltzer will be participing in the closed meeting, work session, and
special called meeting via video/teleconference.
After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a
Closed Meeting on Tuesday, March 31, 2020, at 1:00 p.m. in the Council Work Session Room at City Hall,
215 E. McKinney Street, Denton, Texas to consider specific item(s) when these item(s) are listed below under
the Closed Meeting section of this agenda.
The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda
consistent with Chapter 551 of the Texas Government Code, as amended, or as otherwise allowed by law.
1. Closed Meeting:
Deliberations regarding a Personnel Matter - Under Government Code, Section 551.074;
and Consultation with Attorneys - Under Texas Government Code, Section 551.071
Deliberate and discuss the appointment, employment, evaluation, discipline, duties,
dismissal, complaints against, and contract of the Presiding Municipal Judge; consult with
the City’s attorneys regarding the legal issues associated with the above, where a public
discussion of the same would conflict with the duty of the City’s attorneys to the City of
Denton and the City Council under the Texas Disciplinary Rules of Professional Conduct
of the State Bar of Texas, or would jeopardize the City’s legal position in negotiations or
potential litigation.
ID 20-793A.
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March 31, 2020City Council Meeting Agenda
Any final action, decision, or vote on a matter deliberated in a Closed Meeting will only be taken in an Open
Meeting that is held in compliance with Texas Government Code, Chapter 551, except to the extent such final
decision, or vote is taken in the Closed Meeting in accordance with the provisions of Section 551.086 of the
Texas Government Code (the ‘Public Power Exception’). The City Council reserves the right to adjourn into a
Closed Meeting or Executive Session as authorized by Texas Government Code, Section 551.001, et seq.
(The Texas Open Meetings Act) on any item on its open meeting agenda or to reconvene in a continuation of
the Closed Meeting on the Closed Meeting items noted above, in accordance with the Texas Open Meetings
Act, including, without limitation Sections 551.071-551.086 of the Texas Open Meetings Act.
B. Adjournment of the Closed Meeting.
After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a
Work Session on Tuesday, March 31, 2020, at 2:00 p.m. in the Council Work Session Room at City Hall,
215 E. McKinney Street, Denton, Texas at which the following items will be considered:
WORK SESSION
1. Citizen Comments on Consent Agenda Items
This section of the agenda allows citizens to speak on Consent Agenda Items only. Each speaker will be
given a total of three (3) minutes to address any items he/she wishes that are listed on the Consent Agenda.
A Request to Speak Card should be completed and returned to the City Secretary before Council considers
this item.
2. Requests for clarification of agenda items listed on this agenda.
3. Work Session Reports
Receive a report, hold a discussion, and give staff direction on the temporary amendment
of certain provisions of Section 2-29 of the Code of Ordinances (City Council Rules of
Procedure) to accommodate temporary videoconferencing and public comment
procedures during the COVID-19 pandemic.
ID 20-791A.
Exhibit 1 - Agenda Information Sheet
Exhibit 2 - Presentation
Exhbit 3 - 2-29 temporary amendments -3.30 council redline
Attachments:
Receive a report, hold a discussion, and give staff direction regarding an update to the
City of Denton’s COVID-19 response.
ID 20-733B.
Exhibit 1 - Agenda Information Sheet
Exhibit 2 - COVID-19 03 31 20 (updated)
Attachments:
Receive a report, hold a discussion, and give staff direction regarding the Public Safety
Substation and Firing Range with a focus on façade, sustainability, and budget
considerations.
ID 20-697C.
Exhibit 1 - AIS DPSB
Exhibit 2 - Presentation DPSB Alternates
Attachments:
Receive a report, hold a discussion, and give staff direction on pending City Council
requests for:
ID 20-010D.
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March 31, 2020City Council Meeting Agenda
1.Passing an ordinance issuing a 60-day grace period for owed rent for residents and
small businesses.
Exhibit 1 - Agenda Information Sheet (rev)
Exhibit 2 - Ordinance 19-2026 - City Council Request Process
Exhibit 3 - Presentation
Attachments:
NOTE: Any item for which a formal action at the Special Called Meeting has been taken by Council
may be subject to a request for a motion for reconsideration at any time during the meeting, at the
Concluding Items Section, or after the meeting. In order to comply with the Texas Open Meetings
Act, a request for a motion for reconsideration made during, at the end of, or after a Council meeting
will be placed on the agenda and considered at the next official meeting of the City Council.
Following the completion of the Work Session, the City Council will convene in a Special Called Meeting to
consider the following items:
1. CONSENT AGENDA
Each of these items is recommended by Staff and approval thereof will be strictly on the basis of the Staff
recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to
implement each item in accordance with the Staff recommendations. The City Council has received
background information and has had an opportunity to raise questions regarding these items prior to
consideration.
Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent
Agenda (Agenda Items A – N). This listing is provided on the Consent Agenda to allow Council Members
to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, the Consent
Agenda Items will be approved with one motion. If items are pulled for separate discussion, they may be
considered as the first items following approval of the Consent Agenda.
Consider approval of a resolution of the City of Denton, a Texas home-rule municipal
corporation, authorizing the City Manager, or his designee, to certify to the United States
Environmental Protection Agency the City’s compliance with the risk and resilience
assessments requirement of the Federal America’s Water Infrastructure Act; and,
providing an effective date.
ID 20-511A.
Exhibit 1 - Agenda Information Sheet
Exhibit 2 - Resolution
Exhibit 3 - Presentation
Attachments:
Consider adoption of an ordinance of the City Council of the City of Denton approving
the Development Fee Grant Program; rescinding ordinance 19-390 establishing the
affordable housing fee grant program; establishing the guidelines for the program and the
provisions for enforcement thereof; establishing an annual budget; and providing an
effective date.
ID 20-623B.
Exhibit 1 - Agenda Information Sheet
Exhibit 2 - Development Fee Grant Ordinance with exhibit
Attachments:
Consider adoption of an ordinance approving a Pipeline Crossing Contract by and
between the City of Denton and the Kansas City Southern Railway Company, relating to
ID 20-631C.
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March 31, 2020City Council Meeting Agenda
the location of a City sewer pipeline within the railroad right-of-way, located at the
railroad’s intersection with Highland Park Road at Mile Post D103.02 Alliance
Subdivision, within the County and City of Denton, Texas; authorizing the City Manager
to execute the Agreement; authorizing the expenditure of funds therefore; and providing an
effective date.
Exhibit 1 - Agenda Information Sheet
Exhibit 2 - Location Map
Exhibit 3 - Site Map
Exhibit 4 - Ordinance and Agreement
Attachments:
Consider adoption of an ordinance approving a Pipeline Crossing Contract by and
between the City of Denton and the Kansas City Southern Railway Company relating to
the location of a City water pipeline within the railroad right-of-way, located at the
railroad’s intersection with Highland Park Road at Mile Post D103.03 Alliance
Subdivision, within the County and City of Denton, Texas; authorizing the City Manager
to execute the Agreement; authorizing the expenditure of funds therefore; and providing an
effective date.
ID 20-632D.
Exhibit 1 - Agenda Information Sheet
Exhibit 2 - Location Map
Exhibit 3 - Site Map
Exhibit 4 - Ordinance and Agreement
Attachments:
Consider adoption of an ordinance of the City Of Denton, a Texas home-rule municipal
corporation, authorizing the City Manager to execute a Professional Services Agreement
with Bridgefarmer & Associates, Inc., for construction administration services for the
Bonnie Brae Street Phase II (Vintage) Improvement Project as set forth in the contract;
providing for the expenditure of funds therefor; and providing an effective date (RFQ
6590-089 - Professional Services Agreement for construction services awarded to
Bridgefarmer & Associates, Inc., in the not-to-exceed amount of $98,696).
ID 20-679E.
Exhibit 1 - Agenda Information Sheet
Exhibit 2 - Ordinance and Contract
Attachments:
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal
corporation, authorizing the approval of a first amendment to a Professional Services
Agreement between the City of Denton and Walter P. Moore and Associates, Inc.,
amending the contract approved by City Council on May 7, 2019, in the not-to-exceed
amount of $537,300, said first amendment to provide engineering services for the
Mobility Plan in the not-to-exceed amount of $140,000; providing for the expenditure of
funds therefor; and providing an effective date (File 6999 - providing for an additional first
amendment expenditure amount not-to-exceed $140,000, with the total contract amount
not-to-exceed $677,300).
ID 20-682F.
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March 31, 2020City Council Meeting Agenda
Exhibit 1 - Agenda Information Sheet
Exhibit 2 - Original Ordinance and Contract
Exhibit 3 - ICA Original Ordinance
Exhibit 4 - Ordinance and Amendment 1
Attachments:
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal
corporation, authorizing the City Manager to execute a contract with Carahsoft
Technology Corporation, through the Department of Information Resources (DIR)
Cooperative Purchasing Network Contract# DIR-TSO-4288 for the purchase of various
software as a Service, Products and Related Services; providing for the expenditure of
funds therefor; and providing an effective date (File 7319 - awarded to Carahsoft
Technology Corporation, in the five (5) year not-to-exceed amount of $400,000).
ID 20-683G.
Exhibit 1 - Agenda Information Sheet
Exhibit 2 - Pricing Sheet
Exhibit 3 - Ordinance
Attachments:
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal
corporation, authorizing the City Manager to execute a Professional Services Agreement
with Garver, LLC to perform preliminary design, permit identification, surveying,
environmental, and geotechnical services for the Clear Creek Wastewater Lift Station and
Forcemain as set forth in the contract; providing for the expenditure of funds therefor; and
providing an effective date (RFQ 6590-088 - Professional Services Agreement for design
services awarded to Garver, LLC in the not-to-exceed amount of $493,685). The Public
Utilities Board recommends approval (7-0).
ID 20-684H.
Exhibit 1 - Agenda Information Sheet
Exhibit 2 - LLC Members
Exhibit 3 - Ordinance and Contract
Attachments:
Consider adoption of an ordinance of the City of Denton, a Texas municipal home-rule
corporation, approving a power purchase agreement between the City and Texas
Woman’s University, a Texas higher education institution; providing for the expenditure of
funds; and, providing for an effective date.
ID 20-705I.
Exhibit 1-Agenda Information Sheet
Exhibit 2-Proposed Ordinance
Exhibit 3-Redacted Purchase Power Agreement
Attachments:
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal
corporation, authorizing the approval of a first amendment to a contract between the City
of Denton and Rizikon, Inc., amending the contract approved by the City Manager on
January 16, 2020, in the not-to-exceed amount of $56,590; said first amendment for the
development of policies and procedures for the City’s Safety Program and Risk
Management; providing for the expenditure of funds therefor; and providing an effective
date (RFP 7199 - Providing for an additional first amendment expenditure amount
not-to-exceed $77,580, with the total contract amount not-to-exceed $134,170).
ID 20-709J.
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March 31, 2020City Council Meeting Agenda
Exhibit 1 - Agenda Information Sheet
Exhibit 2 - Original Contract
Exhibit 3 - Contract and Amendment 1
Attachments:
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal
corporation, authorizing the approval of a first amendment to a contract between the City
of Denton and SAE Towers, LTD, amending the contract approved by City Council on
December 17, 2019, in the not-to-exceed amount of $1,718,905; said first amendment
for the cost of additional anchor bolt cage lengths for Denton Municipal Electric; providing
for the expenditure of funds therefor; and providing an effective date (File 7152 -
providing for an additional first amendment expenditure amount not-to-exceed $340,150,
with the total contract amount not-to-exceed $2,059,055).
ID 20-724K.
Exhibit 1 - Agenda Information Sheet
Exhibit 2 - Typical Anchor Bolt Cage Drawing
Exhibit 3 - Summary of Anchor Bolt Cage Changes by Structure
Exhibit 4 - Original Ordinance and Contract
Exhibit 5 - Ordinance and Amendment 1
Attachments:
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal
corporation, authorizing the City Manager to execute a contract with Xylem Water
Solutions U.S.A., Inc., for the purchase of equipment, materials and parts for the
operation and maintenance of the ultraviolet disinfection system at the Wastewater
treatment plants; providing for the expenditure of funds therefor; and providing an
effective date (IFB 7299 - awarded to Xylem Water Solutions U.S.A., Inc., in the five
(5) year not-to-exceed amount of $550,000).
ID 20-750L.
Exhibit 1 - Agenda Information Sheet
Exhibit 2 - Ordinance and Contract
Attachments:
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal
corporation, authorizing the City Secretary or her designee to file a Catastrophe Notice
with the Office of the Texas Attorney General, pursuant to Section 552.233(b) of the
Government Code, to suspend the applicability of the requirements of the Public
Information Act (the “PIA”) in accordance with Sections 552.233(c) and 552.233(e) of
the Government Code; and providing an effective date.
ID 20-766M.
Exhibit 1 - AIS - PIA Catastrophe Notice
Exhibit 2 - Catastrophe Notice
Exhibit 3 - Proposed Ordinance PIA Catastrophe Notice
Attachments:
Consider adoption of an ordinance authorizing expenditure of $100,000.00 in previously
budgeted funds for outside counsel and other trial expenses in the litigation styled “City of
Denton v. Robert P. Donnelly,” pending in the Denton County Probate Court, Denton
County, Texas; and declaring an effective date.
ID 20-786N.
Exhibit 1 - AIS
Exhibit 2- Ordinance
Attachments:
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March 31, 2020City Council Meeting Agenda
2. ITEMS FOR INDIVIDUAL CONSIDERATION
Consider adoption of an ordinance of the City of Denton confirming the suspension of
City of Denton Code of Ordinances (Code) Sections 2-29(b)(14) and 2-29(c)(6) in
accordance with City of Denton Code of Ordinances 2-29(b)(13); temporarily amending
Code Section 2-29 (City Council Rules of Procedure) because of a declared state of
emergency; providing for a severability clause; and providing for an effective date.
ID 20-792A.
Exhibit 1 - Agenda Information Sheet
Exhibit 2 - Ordinance
Exhibit 3 - Presentation
Exhibit 4 - 2-29 temporary amendments -3.30 council redline
Attachments:
Conduct the second of two readings and consider adoption of an ordinance of the City of
Denton, Texas annexing approximately 131.94 acres of land, generally south of Allred
Road and west of Fort Worth Drive, to the City of Denton, Denton County, Texas,
described in Exhibit “A” and depicted on Exhibit “B”; providing for a correction to the
City map to include the annexed lands; and providing for a savings clause and an effective
date. (A20-0001b, Sagebrook, Hayley Zagurski)
A20-0001bB.
Exhibit 1 - Agenda Information Sheet
Exhibit 2 - Location Map
Exhibit 3 - Zoning Map
Exhibit 4 - Staff Presentation
Exhibit 5 - Draft Ordinance
Exhibit 6 - Draft Ordinance Exhibit A
Exhibit 7 - Draft Ordinance Exhibit B
Exhibit 8 - Draft Ordinance Exhibit C
Attachments:
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal
corporation, amending Ordinance No. 20-740 regarding the first amendment to the
declaration of emergency; amending the Order of Council of the City of Denton issued
March 17, 2020 approved by Ordinance No. 20-721; authorizing the expenditure of
funds; and providing an effective date.
ID 20-788C.
Exhibit 1 - Agenda Information Sheet
Exhibit 2 - Presentation
Exhibit 3 - Declaration and Order.pdf
Exhibit 4 - March 13 Mayoral Declaration of Local Disaster
Exhibit 5 - March 13 Order of the Mayor of the City of Denton
Exhibit 6 - March 17 Ordinance & Order 20-721
Exhibit 7 - March 20 Ordinance 20-740 & Order
Exhibit 8 - March 24 Second Mayoral Declaration of Local Disaster and Order.pdf
Attachments:
Consider adoption of an Ordinance of the City of Denton authorizing the Mayor to
execute a separation, release, and waiver agreement with Holly Fox; authorizing
ID 20-800D.
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March 31, 2020City Council Meeting Agenda
expenditures; and providing an effective date.
Exhibit 1 - Signed ordinance with exhibitAttachments:
3. CONCLUDING ITEMS
A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council
or the public with specific factual information or recitation of policy, or accept a proposal to place the
matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open
Meetings Act, provide reports about items of community interest regarding which no action will be taken,
to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules;
an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about
an upcoming event organized or sponsored by the governing body; information regarding a social,
ceremonial, or community event organized or sponsored by an entity other than the governing body that
was attended or is scheduled to be attended by a member of the governing body or an official or employee
of the municipality; or an announcement involving an imminent threat to the public health and safety of
people in the municipality that has arisen after the posting of the agenda.
B. Possible Continuation of Closed Meeting topics, above posted.
C E R T I F I C A T E
I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of
Denton, Texas, on the 27th day of March 2020 at ___________________
__________________________________________
CITY SECRETARY
NOTE: THE CITY OF DENTON'S DESIGNATED PUBLIC MEETING FACILITIES ARE
ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY
WILL PROVIDE ACCOMMODATION, SUCH AS SIGN LANGUAGE INTERPRETERS FOR THE
HEARING IMPAIRED, IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE
SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 940-349-8309 OR
USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX
SO THAT REASONABLE ACCOMMODATION CAN BE ARRANGED.
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City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 20-793,Version:1
AGENDA CAPTION
Deliberations regarding a Personnel Matter - Under Government Code, Section 551.074; and Consultation with
Attorneys - Under Texas Government Code, Section 551.071
Deliberate and discuss the appointment, employment, evaluation, discipline, duties, dismissal, complaints
against, and contract of the Presiding Municipal Judge; consult with the City’s attorneys regarding the legal
issues associated with the above, where a public discussion of the same would conflict with the duty of the
City’s attorneys to the City of Denton and the City Council under the Texas Disciplinary Rules of Professional
Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in negotiations or potential
litigation.
City of Denton Printed on 3/27/2020Page 1 of 1
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City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 20-791,Version:1
AGENDA CAPTION
Receive a report,hold a discussion,and give staff direction on the temporary amendment of certain provisions
of Section 2-29 of the Code of Ordinances (City Council Rules of Procedure)to accommodate temporary
videoconferencing and public comment procedures during the COVID-19 pandemic.
City of Denton Printed on 3/27/2020Page 1 of 1
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City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: City Manager’s Office
CM: Todd Hileman
DATE: March 31, 2020
SUBJECT
Receive a report, hold a discussion, and give staff direction on the temporary amendment of certain
provisions of Section 2-29 of the Code of Ordinances (City Council Rules of Procedure) to accommodate
temporary videoconferencing and public comment procedures during the COVID-19 pandemic.
BACKGROUND
On March 13, 2020, Mayor Watts executed a “Declaration of Local Disaster for Public Health Emergency,”
in response to the COVID-19 pandemic. On March 17, 2020, Mayor Watts extended the Declaration of
Emergency through April 30, 2020, and issued an Order of the Council of the City of Denton. On March
24, 2020, Mayor Watts issued a Second Declaration of Local Disaster, amending and suspending the
restrictions in place in a further attempt to slow the spread of the COVID-19 virus.
On March 16, 2020, Governor Greg Abbott took action at the request of the Office of the Attorney General
to maintain governmental transparency and continued governmental operations while reducing face-to-face
contact for open government meetings. In accordance with 418.06 of the Texas Government Code and in
an effort to reduce the spread of COVID-19, Governor Abbott temporarily suspended various provisions of
the Texas Open Meetings Act (TOMA) to allow for telephonic or videoconference meetings of
governmental bodies so long as those meetings are accessible to the public.
Denton City Council meetings are conducted in accordance with the Rules of Procedure set forth in Section
2-29 of the Code of Ordinances. During the March 31 meeting, the City Council will be asked to consider
adoption of an ordinance that will temporarily suspend Sections 2-29(b)(14) (Amendment of Rule) and 2-
29(c)(6) (Videoconferencing) of the City Council Rules of Procedure. Once in-person City Council
meetings resume, the temporary suspensions will be lifted to restore the procedural requirements that were
in place prior to March 31, 2020.
EXHIBITS
Exhibit 1 – Agenda Information Sheet
Exhibit 2 – Presentation Exhibit 3 – City Council Rules - Redline Temporary Changes
Respectfully submitted:
Rachel Wood
Development Services
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
City Council Rules of Procedure
Temporary Amendments
March 31, 2020
Rules of Procedure Overview
Section 2-29 of the City of Denton Code of Ordinances sets forth
the City Council Rules of Procedure, which guide the following:
•General rules for meeting conduct and decorum
•Types of meetings
•Presiding officer and duties
•Order of business
•Presentations from members of the public
•Consideration of ordinances, resolutions, and motions
•Creation of committees, boards, and commissions
2File ID 20-791
Temporary Suspension of Section 2-29(b) (14)
•Section 2-29(b)(14) requires that proposed Rules of Procedure
amendments be introduced during a separate meeting prior to
City Council adoption.
•City Council will be asked to suspend the second reading
requirement to allow for flexibility in how City business is
conducted during the emergency declaration.
3File ID 20-791
Temporary Suspension of 2-29 (c)(6) –
Videoconferencing
•Temporary amendments to the Rules of Procedure will allow for
alternative options for Council members to attend and
participate in open meetings.
➢City business will be conducted via ZOOM videoconference for the remainder
of the emergency declaration.
➢Meetings conducted via Zoom will be streamed online, broadcast on the
Denton Television cable channel, and available on-demand for public viewing.
•Citizens will have the following options to participate in open
meetings:
➢Online Comment Form (available at www.cityofdenton.com/publicmeetings)
➢Telephone (940) 349-7800
➢In Person on March 31 (this may change for future meetings)
4File ID 20-791
CITY COUNCIL RULES OF PROCEDURE
Subpart A – Code of Ordinances
ARTICLE II. - ADMINISTRATIVE ORGANIZATION
Sec. 2-29. - City council rules of procedure.
(a) Authority.
(1) Charter: Pursuant to the provisions of Section 2.07 of the Charter of the City of Denton,
Texas, the City Council hereby enacts these rules of procedure for all meetings of the
City Council of the City of Denton, Texas.
During any meeting, a reasonable opportunity shall be given for citizens to be heard
under these rules. These Rules of Procedure are enacted as guidelines to be followed by
all persons in the Council Chamber including the city administrative staff, news media,
and visitors.
(b) General rules.
(1) Meetings to be public: All official meetings of the Council and Council committees and
subcommittees, except closed meetings permitted by the provisions of the Texas Open
Meetings Act, V.T.C.A. Government Code Ch. 551, (Vernon 2014), as amended, shall be
open available to the public.
(2) Quorum: Four (4) members of the council shall constitute a quorum for the transaction of
business. (Charter, Section 2.06)
(3) Compelling attendance: No member shall be excused from attendance at a council
meeting except for good and valid reasons. It will be the duty of the council member to
notify the city secretary prior to the meeting at which he or she is going to be absent. The
city secretary will record each council member as being present or absent as a part of the
minutes prepared for each council meeting.
(4) Misconduct: The council may punish its own members for misconduct consistent with
any ethics policy adopted by the council.
(5) Minutes of meetings: An account of all proceedings of the council shall be kept by the
city secretary and shall be entered in a book constituting the official record of the council.
A certified agenda shall be prepared and shall be approved by the mayor for all closed
meetings for which a certified agenda is required to be kept in accordance with the Texas
Open Meetings Act.
(6) Questions to contain one subject: All questions submitted for a vote shall contain one
subject, except the city council may approve all items which are on the consent agenda in
one motion, regardless of how many subjects are contained in the consent agenda, so long
as all items have been properly posted in accordance with the Texas Open Meetings Act
and have not been removed from the consent agenda by a council member. If two or
more points are involved, any member may require a division, if the question reasonably
admits of a division.
(7) Right to floor: Any member desiring to speak shall be recognized by the chairperson, and
shall confine his or her remarks to the subject under consideration or to be considered. No
member shall be allowed to speak more than once on any one subject until every member
wishing to speak shall have spoken.
City Council Rules of Procedure
Page | 2
(8) City manager: The city manager, or acting city manager, shall attend all meetings of the
council unless excused. He or she may make recommendations to the council and shall
have the right to take part in all discussions of the council, but shall have no vote.
(Charter, Section 5.03 (d))
(9) City attorney: The city attorney, or acting city attorney, shall be available upon request
for all meetings of the council unless excused and shall, upon request, give an opinion,
either written or oral, on questions of law. The city attorney shall act as the council's
parliamentarian.
(10) City secretary: The city secretary, or acting city secretary, shall attend all meetings of
the council unless excused, and shall keep the official minutes and perform such other
duties as may be requested by the council.
(11) Officers and employees: Any officer or employee of the city, when requested by the
city manager, shall attend any meeting of the council. If requested to do so by the city
manager, such employee may present information relating to matters before the council.
(12) Rules of order: These rules govern the proceedings of the council in all cases, except
that where these rules are silent, the most recent Edition of Robert's Rules of Order shall
govern. Attendance under this subsection may be in-person or via videoconference or
teleconference.
(13) Suspension of rules: Any provision of these rules not governed by the City Charter or
other City Code provisions may be temporarily suspended by the affirmative vote of four
(4) members of the council. The vote on any such suspension shall be taken by yeas or
nays and entered into the minutes of the council.
(14) Amendment of rules: These rules may be amended, or new rules adopted by the
affirmative vote of four members of the council, provided that the proposed amendments
or new rules shall have been introduced before the city council at a prior council
meeting..
(c) Code of conduct.
(1) Council members:
a. During council meetings, council members shall preserve order and decorum and
shall neither by conversation or otherwise delay or interrupt the proceedings nor
refuse to observe the rules of the council.
b. A council member, once recognized, shall not be interrupted while speaking unless
called to order by the mayor or presiding officer, unless a point of order is raised by
another member or the parliamentarian, or unless the speaker chooses to yield to
questions from another member. If a council member is called to order while he or
she is speaking, he or she shall cease speaking immediately until the question of order
is determined. If a member fails to cease speaking when called to order, the presiding
officer may mute the member through use of videoconferencing or teleconferencing
technology. If ruled to be in order, he or she shall be permitted to proceed. If ruled
not to be in order, he or she shall remain silent or shall alter his or her remarks so as
to comply with rules of the council.
(2) Administrative staff:
a. Members of the administrative staff and employees of the city shall observe the same
rules of procedure and decorum applicable to members of the council, and shall have
no voice unless and until recognized by the chair.
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b. While the presiding officer shall have the authority to preserve decorum in meetings
as far as staff members and city employees are concerned, the city manager also shall
be responsible for the orderly conduct and decorum of all city employees under his or
her direction and control.
c. The city manager shall take such disciplinary action as may be necessary to insure
that such decorum is preserved at all times by city employees in council meetings.
d. All remarks and questions addressed to the council shall be addressed to the council
as a whole and not to any individual member thereof.
e. No staff member, other than a staff member having the floor, shall enter into any
discussion either directly or indirectly without permission of the presiding officer.
(3) Citizens:
a. Citizens and other visitors are welcome to viewattend all public meetings of the city
council, and will be admitted to the city council chamber or other room in which the
city council is meeting, up to the fire safety capacity of the roomparticipate via any
method the City makes available other than personal appearance, including but not
limited to telephonic participation and email/internet submission.
b. All meeting attendees shall conduct themselves with propriety and decorum.
Conversations between or among audience members should be conducted outside the
meeting room. Attendees will refrain from excessively loud private conversations
while the council is in session.
c. Unauthorized remarks from the audience, stamping of the feet, applauding, whistles,
yells, and similar demonstrations shall not be permitted.
d. Placards, banners, signs, pamphlets, flyers, or political materials of any type will not
be permitted in the city council chamber or in any other room in which the city
council is meeting. Exhibits, displays, and visual aids used in connection with
presentations to the city council, however, are permitted.
e. Audience members may not place their feet on any chairs in the city council chamber
or other room in which the city council is meeting.
f. Only city council members and city staff may step onto the dais.
g. All people wishing to address the city council shall first be recognized by the
presiding officer andbe able to do so remotely in a manner provided by the City, and
shall limit their remarks to the matter under discussion.
h. All remarks and questions addressed to the city council shall be addressed to the city
council as a whole and not to any individual members.
i. Any person addressing the city council in the city council chamber shall do so by
from the lectern unless physically unable to do soelectronic participation means as
provided by the City. People addressing the city council shall not be permitted to
approach the dais. If they wish to hand out papers or other materials to the city
council, they should express that desire to the presiding officer, and the city manager
shall direct a staff member to hand out the materialssubmit those items through a
dedicated email account at least four hours prior to the start of the meeting.
j. When the time has expired for a presentation to the city council, the presiding officer
shall direct the person speaking to cease. A second request from the presiding officer
to cease speaking shall be cause of the removal of the speaker if that person continues
to speak.
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k. Equipment, apparatus, or paraphernalia such as camera tripods, easels, or wheelchairs
shall not obstruct, block, or otherwise be located in the doorway, entranceway, or
walkways of the city council chambers or of any other room in which the city council
may choose to meet. Representatives of the electronic media may set up cameras and
other equipment only in the back of the room. It is permissible for television camera
operators to film for short periods of time (several minutes) from the entranceway to
the city council chambers. Any radio station, which broadcasts the regular city
council meetings live, may hook their equipment up at the front of the room as long
as it remains out of sight and out of the way.
l. There will be a uniformed City of Denton police officer present atin or near all
regular meetings of the city council. This police officer shall act in the capacity of a
security officer/sergeant-at-arms, and shall enforce the meeting rules and act upon the
direction of the presiding officer.
m. Any person making personal, impertinent, profane, or slanderous remarks, or who
becomes boisterous while addressing the city council or who otherwise violates any
of the above-mentioned rules while attending a city council meeting shall be removed
from the room meeting at the direction of the presiding officer, and the person shall
be barred from further audience and participation before the city council during that
session of the city council. If the presiding officer fails to act, any member of the city
council may move to require the offending person's removal, and the affirmative vote
of a majority of the city council shall require the presiding officer to act. The
sergeant-at-armsCity staff, if so directed by the presiding officer or an affirmative
vote of the majority of the city council, shall remove the offending person from the
meeting.
(4) Enforcement: The city manager, in the absence of a designated law enforcement officer,
shall act as sergeant at arms for the council, and shall furnish whatever assistance is
needed to enforce the rules of decorum herein established.
(5) Seating arrangement: For in-person meetings, Tthe city secretary, city manager and city
attorney shall occupy the respective seats in the council chamber assigned to them by the
mayor, but any two (2) or more members of the council may exchange seats.
(6) Videoconferencing: City council members may elect to participate in a city council
meeting by videoconference in the event the member is traveling or unable to attend a
meeting due to illness or declaration of disaster or emergency.
a. Procedures for meeting by videoconference if a quorum will be in one physical
location:
The council meeting notice shall specify where the quorum of the governmental body
will be physically present, and the intent to have a quorum present at that location.
The video and audio feed of a remote councilmember or employee shall be broadcast
live at the meeting. Each portion of the meeting held by videoconference call that is
required to be open to the public shall be visible and audible to the public at the
location where the quorum is present. The location at which the quorum is present,
and each remote location from which a member of the governmental body
participates, shall have two-way audio and video communication with each other
location during the entire meeting. Each participant's face in the videoconference call,
while speaking, shall be clearly visible and audible to each other participant and,
during the open portion of the meeting, to the members of the public in attendance at
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the location where a quorum is present, and at any other location of the meeting that
is open to the public. The audio and video signals perceptible by members of the
public at each location of the meeting shall meet or exceed minimum standards
established by Texas Department of Information Resources (DIR) rules. The audio
and video signals perceptible by members of the public at the location where the
quorum is present and, any other location open to the public, shall be of sufficient
quality so that members of the public at each location can observe the demeanor and
hear the voice of each participant in the open portion of the meeting. If a problem
occurs that causes a meeting to no longer be visible and audible to the public at the
location where a quorum is present, the meeting shall be recessed until the problem is
resolved, and if the problem is not resolved in six hours or less, the meeting shall be
adjourned. The city shall make at least an audio recording of the meeting, and the
recording shall be made available to the public.
b. Procedures for meeting by videoconference if a quorum will not be in one physical
location:
The city shall make available to the public at least one suitable physical space in the
city that is equipped with videoconference equipment that provides an audio and
video display, as well as a camera and microphone, by which a member of the public
can provide testimony or otherwise participate in the meeting. The member of the
governmental body presiding over the meeting shall be present at this site, and the
location must be open to the public. The meeting notice shall specify the physical
space provided, and shall also specify the intent to have the presiding officer present
at the location. Any member of the public present at this location shall be provided
the opportunity to participate in the meeting by means of a videoconference call in the
same manner as a person who is physically present at a meeting of the governmental
body that is not conducted by videoconference.
Each portion of the meeting held by videoconference call that is required to be open
to the public shall be visible and audible to the public. The video and audio feed of a
remote councilmember or employee shall be broadcast live at the meeting as the
technology employed permits. The site provided in the city and each remote location
from which a member participates, shall have two-way audio and video
communication with each member who is participating by videoconference during the
entire meeting. Each participant's face in the videoconference, while speaking, must
be clearly visible and audible to each other participant and, during the open portion of
the meeting, to the members of the public in attendance at the meeting location in the
city, and at any other location of the meeting that may be open to the public. The
audio and video signals perceptible by members of the public at each location of the
meeting shall meet or exceed minimum standards established by DIR rules. The audio
and video signals perceptible by members of the public at each location of the
meeting that is open to the public, and each remote location, must be of sufficient
quality so that members of the public at each location can observe the demeanor and
hear the voice of each participant in the open portion of the meeting. If a problem
occurs that causes the meeting to no longer be visible and audible to the public at the
meeting site in the city, the meeting must be recessed until the problem is resolved,
and if the problem is not resolved in six hours or less, the meeting shall be adjourned.
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The city shall make at least an audio recording of the meeting, and the recording shall
be made available to the public.
c. Council members wishing to participate in a meeting by videoconference shall
provide notice to the city manager and the agenda committee not less than seven four
(47) days prior to the meeting.
(d) Types of meetings.
(1) Regular meetings: The council shall meet on the first and third Tuesday of each month, at
such time as may be set by the city council, unless the meeting is postponed or cancelled
for valid reasons. All regular meetings of the council will be held in City Hall at 215 East
McKinney Street, Denton, Texas or at such other location as the city council may, from
time to time by proper posting under the Open Meetings Act and so long as the location
meeting is open available to the public, designate. In the event a regular meeting falls on
a day the city observes a paid holiday, or the day after, no regular meeting shall be
scheduled. Furthermore, no regular meetings shall be held the first two weeks in July, nor
the last two weeks of November and December. The limitations in this provision do not
apply to other types of meetings which may be called under Section 2-29(d).
(2) Special meetings: Special meetings may be called by the mayor, the city manager, or by
any three (3) members of the council. The city secretary shall post notice thereof as
provided by the Texas Open Meetings Act. The mayor, city manager, or three (3) of the
council members may designate a location for the special meeting other than City Hall, as
long as the location is open to the public.
(3) Workshop meetings: Workshop meetings (also referred to as "work sessions") may be
held on the first and third Tuesday of each month at such time as may be set by the city
council, or on such other day as the city council may designate and at such time as may
be set by the city council, to discuss near to mid or long range issues and to answer city
council questions concerning all agenda items. Workshops or work sessions may be
called using the same procedure required for special meetings as provided for in
subsection (2) above. The purpose of the workshop meeting is to discuss or explore
matters of interest to the city, to meet with city boards, commissions, or committee
members, city staff or officers of civic organizations, governing bodies or individuals
specifically invited to the session by the mayor, council or city manager. These meetings
are informational and normally no final action shall be taken unless the posted agenda
indicates otherwise. However, the city council may, by consensus, provide general
direction to staff with regard to matters of interest or concern, understanding such matters
ultimately may require a formal vote of the council for implementation.
(4) Luncheon meetings: Luncheon workshop or work session meetings may be held on the
first Monday of each month at such time as may be set by the city council, or on such
other day as the city council may designate. Such meetings may be called using the same
procedure required for special meetings as provided for in subsection (2) above. The
purpose of the luncheon meeting is to discuss or explore matters of interest to the city, to
meet with city boards, commissions, or committee members, city staff or officers of civic
organizations, governing bodies or individuals specifically invited to the session by the
mayor, council or city manager. These meetings are informational and normally no final
action shall be taken unless the posted agenda indicates otherwise. However, the city
council may, by consensus, provide general direction to staff with regard to matters of
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interest or concern, understanding such matters ultimately may require a formal vote of
the council for implementation.
(5) Emergency meetings: In case of emergency or urgent public necessity, which shall be
expressed in the notice of the meeting, an emergency meeting may be called by the
mayor, the city manager or by three members of the council, and it shall be sufficient if
the notice is posted two one hours before the meeting is convened. Council members
shall notify staff as soon as possible if they will participate in an emergency meeting via
videoconference.
(6) Closed meetings: The council may meet in a closed meeting pursuant to the requirements
of the Texas Open Meetings Act.
(7) Recessed meetings: Any meeting of the council may be recessed to a later time, provided
that no recess shall be for a longer period than until the next business day.
(8) Notice of meetings: The agenda for all meetings, including council committee or
subcommittee meetings, shall be posted by the city secretary on the city's official bulletin
board and notice of all meetings shall be given posted by the city secretary pursuant to
the requirements of the Texas Open Meetings Act.
(e) Presiding officer and duties.
(1) Presiding officer: The mayor, or in the absence of the mayor, the mayor pro-tem, shall
preside as chairman, or presiding officer at all meetings of the council. In the absence of
the mayor and the mayor pro-tem, the council shall elect a temporary presiding officer.
(Charter, Section 2.03)
(2) Call to order: The meetings of the council shall be called to order by the mayor, or in his
or her absence, by the mayor pro-tem. In the absence of both the mayor and the mayor
pro-tem, the meeting shall be called to order by the city secretary, and a temporary
presiding officer shall be elected as provided above.
(3) Preservation of order: The presiding officer shall preserve order and decorum, and
confine members in debate to the question under discussion. The presiding officer shall
call upon the sergeant-at-arms as necessary to enforce compliance with the rules
contained herein.
(4) Points of order: The presiding officer shall determine all points of order, subject to the
right of any member to appeal to the council. If any appeal is taken, the question shall be,
"Shall the decision of the presiding officer be sustained?" If a majority of the members
present vote "No," the ruling of the chair is overruled; otherwise, it is sustained.
(5) Questions to be stated: The presiding officer shall state all questions submitted for a vote
and announce the result. A roll call vote shall be taken upon the request of any member,
and upon the passage of all ordinances and resolutions.
(6) Substitution for presiding officer: The presiding officer may call any other member to
take his or her place in the chair, such substitution not to continue beyond adjournment.
(7) Call for recess: The presiding officer may call for a recess of up to fifteen (15) minutes at
regular intervals of approximately one hour at appropriate points in the meeting agenda,
or if requested by any two (2) members.
(f) Order of business.
(1) Agenda: The order of business of each meeting shall be as contained in the agenda
prepared by the city manager, which shall be reviewed and approved by an agenda
committee composed of the mayor, the mayor pro-tem, and the city manager. When items
are removed from the consent agenda and placed on the regular agenda by members of
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the council, the removed items shall be taken up in the order of removal right after the
consent agenda. Placement of items on the agenda shall be governed by this ordinance;
provided that if a council member has an "emergency" item that the council member
believes should be placed on the next regular or special meeting agenda, the placement
must be approved by two members of the agenda committee or at the direction of a
majority of the council. Conduct of business at special meetings will likewise be
governed by an agenda and these rules of procedure.
(2) Pledge of Allegiance: Each agenda shall provide an item for the recital of the "Pledge of
Allegiance" at the regularly scheduled city council meetings. This item shall begin with
the recital of the pledge of allegiance for the United States flag and shall follow with a
recital of the pledge of allegiance for the Texas state flag in accordance with V.T.C.A.
Government Code § 3100.101.
(3) Presentations by members of council or city manager: The agenda shall provide a time
when the mayor or any council member may bring before the council any business that
he or she feels should be deliberated upon by the council at a future council meeting.
These matters need not be specifically listed on the agenda, but discussion and formal
action on such matters shall be deferred until a subsequent council meeting. Any member
may suggest an item for discussion at a future work session. The city manager or city
staff shall only respond preliminarily on this item at the work session. If the city council
believes the item requires a more detailed review, the council will give the city manager
or city staff direction to place the item on a future regular meeting agenda and advise
staff as to the background materials to be desired at such meeting. The city council may
receive from the city manager or city staff or a member of the city council reports about
items of community interest including expressions of thanks, congratulations, or
condolence; information regarding holiday schedules; an honorary or salutary recognition
of a public official, public employee, or other citizen, except that a discussion regarding a
change in the status of a person's public office or public employment is not an honorary
or salutary recognition for purposes of this subdivision; a reminder about an upcoming
event organized or sponsored by the governing body; information regarding a social,
ceremonial, or community event organized or sponsored by an entity other than the
governing body that was attended or is scheduled to be attended by a member of the
governing body or an official or employee of the municipality; and announcements
involving an imminent threat to the public health and safety of people in the municipality
that has arisen after the posting of the agenda so long as authorized by the Texas Open
Meetings Act.
(4) Presentations from members of the public:
a. Reports from members of the public: Reports from members of the public shall be
received through either of two (2) methods: 1) prior registration or 2) open
microphone. A total of up to seven (7) speakers are permitted to provide public
comment and may include any combination of prior registration and open
microphone speakers. Public comment is provided during regular meetings of the city
council, which typically occur on the first and third Tuesday of each month.
Presentations made in accordance with this section will be made via teleconference or
videoconference technology as specified by the City on its website or meeting notice.
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1) Prior registration. Any person who wishes to place a subject on the council
agenda at regular council meetings shall advise the city manager's office of that
fact and the specified subject matter which he or she desires to place on the
agenda no later than 12:00 p.m. Thursday prior to the council meeting at which he
or she wishes the designated subject to be considered. Such reports shall be heard
at the beginning of the regular meeting of the city council pursuant to an agenda
posting allowing a period of public comment.
Each speaker providing a report shall speak for no longer than four (4) minutes.
At the conclusion of each report, council may pose questions to the speaker
concerning his or her report. Council may also engage in discussion concerning
each report. If the city council believes that a speaker's report requires a more
detailed review, the council will give the city manager or city staff direction to
place the item on a future work session or regular meeting agenda and advise staff
as to the background materials to be desired at such meeting.
2) Open microphone. Prior to At the beginning of the regular meeting of the city
council, persons who have not registered to speak as above described may make
comments through the open microphone procedure. Such person(s) shall have
filed a "Blue Card" requesting to speak during this period prior to the calling of
this agenda item. At the time the city council calls the Open Microphone
comment period, a person may present himself or herself and make public
comments regarding public businesshave registered via email or telephone as
specified by the City on its website or meeting notice; provided however, such
persons shall not be allowed to speak to items on the current agenda in light of
other established procedures for taking such comments as specified in these rules.
No person may fill outsubmit a "request to speak" form in order to speak or
comment on another person's report, which is given at the same council meeting.
An announcement may be made, prior to the time for reports from members of the
public on the agenda, summarizing the main portions of the rules and the "code of
conduct" as they may apply to members of the public speaking to the council.
Any speaker providing a report shall speak for no longer than four (4) minutes on
all items that he or she may bring before the council at each meeting.
b. Work session or workshop items: As it concerns the workshop agenda, citizens or
other interested persons may not participate in the session unless invited to do so by
the mayor. If the mayor invites citizens to participate in a work session, their
participation will cease at the point the mayor closes the session to public input to
allow the council to give city staff direction as to needed information for the possible
future meeting on the item. Citizens should be advised of the nature of the work
session, but that their input on these items is premature until such item is placed upon
a city council agenda for final action. The purpose of this procedure is to allow the
citizens attending the regular meeting the opportunity of hearing the views of their
fellow citizens in a more formal setting. Any citizen may supply the city council a
written statement or report regarding the citizen's opinion on a matter being discussed
in a work session.
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1) c. Speaking Commenting on consent and regular agenda items: Any person
who wishes to address the council regarding a non-public hearing regular or
consent agenda item may do so by submitting a web form found at the link
provided on the agenda or by telephonic participationthat is on the council's
agenda, shall complete a "request to speak" form asking to speak regarding the
item and shall return it to the city secretary. On For both consent and regular
agenda items, comments must be received at least one (1) hour prior to the posted
start time of the meeting. Comments will be provided to the Council prior to
consideration of any item to which a comment pertains. This procedure will be
the only method for the public to provide comment, and no other avenue of public
comment under this section will be recognized during the course of the meeting.
3) the request to speak card shall be submitted prior to the citizen comment on
consent agenda items at the beginning of the city council meeting. On regular
agenda items, the request to speak card shall be submitted prior to the time the
city council considers the item. The mayor will call upon the person who desires
to speak.
4) Consent agenda items: When consent agenda items are posted on an agenda,
citizens or other interested persons will be allowed to make citizen comment
immediately after the opening of the city council meeting and prior to workshop
or work session items on the agenda by filling out a "request to speak" card (aka a
"blue card") asking to speak on any or all consent agenda items and returning the
form to the city secretary. In the event a person is unable to attend the city council
workshop or work session, he or she may contact the city secretary prior to the
opening of the meeting and request that a consent agenda item be pulled from the
consent agenda in order to allow comment as an individual item at the regular
meeting of the city council. The city secretary shall make any such request known
to the city council. Consent agenda items are generally routine nature, so
comment at this time facilitates the regular council meeting where no citizen
comment on consent agenda items will be permitted, unless the item is removed
from the consent agenda by a member of the council to be considered as an
individual item during the regular meeting. Speakers will be allowed three (3)
minutes per speaker and may comment on any or all consent agenda items so long
as any speaker's time does not exceed a total of three (3) minutes.
5) Regular agenda items: During the regular session of the city council meeting, any
citizen or interested person may comment on an item posted on the agenda for
final action. Any person who wishes to address the council regarding a non-public
hearing item that is on the council's agenda, shall complete a "request to speak"
form asking to speak regarding the item and shall return it to the city secretary
before the council considers the item. This procedure applies to speakers desiring
to speak to items for individual consideration on the agenda during the regular
meeting of the city council. The mayor will call upon the person to speak.
Speakers will be allowed three (3) minutes per speaker as to any particular agenda
item being considered by the city council.
f.c. Public hearings:
1) Any person who wishes to address the council at a public hearing is encouraged to
complete a "request to speak" form online or by calling the phone number
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provided in the meeting noticeand return it to the city secretary before the
applicable hearing. The mayor will call upon the person to speak. Speakers will
be allowed an initial four (4) minutes per speaker as to any public hearing item.
However, if numerous speakers desire to comment on an item, council may limit
speakers to three (3) minutes per speaker. Only those speakers who previously
provided input on a specific item will be permitted to provide a final rebuttal of
up to two (2) minutes per speaker. Applicants and their agents on public hearing
items shall be allowed to speak for no longer than ten (10) minutes per speaker
with a total of twenty (20) minutes for all speakers representing the applicant.
Speakers will have the opportunity to make a single, final rebuttal after hearing
the applicant’s rebuttal as set forth in Section 2-29(f)(4)(d)(2)(g).
2) To facilitate the public hearing process in zoning cases the following procedure
will be used:
a) The mayor reads the zoning case caption, and then opens the public hearing.
b) The city manager introduces the city staff for presentation.
c) City staff presents facts relevant to the matter.
d) The applicant presents his or her case, with potential questions of the
applicant from the city council.
e) The council receives input from the public, with potential questions of
speakers from the city council.
f) The applicant will be given an opportunity to make rebuttal comments.
g) Members of the public who previously provided input on a specific item will
have the opportunity to make a single, final rebuttal.
h) The city staff and/or the applicant will answer any questions of the city
council.
i) Upon conclusion of these questions and answers, the mayor will continue or
close the public hearing.
3) Groups or organizations: Any group or organization comprised of four (4) or
more members who have communicated via the online form or phone number that
they present in the city council chambers who wishes to address the council at a
public hearing or on a non-public hearing agenda item shall designate a
representative to address the city council and shall limit their remarks to ten (10)
minutes or less. The group or organization shall turn inprovide a written
designation to the city secretary, on cards prepared by the city secretary of a
different color from cards submitted by individual speakersvia the online form or
email to the city secretary, prior to the commencement of the meeting identifying
the representative who will address the city council on behalf of the group or
organization. At the time the representative is recognized by the mayor to speak,
the group or organization will be asked to stand to be recognized prior to the
receipt of comments by the representative.
g.d.Discretionary time: At the discretion of the presiding officer or a majority of the city
council, any speaker may be granted an extension of time to speak.
h.e. Audio/Visual aids: Any citizen desiring to use audio/visual aids during presentations
to council shall submit such presentation to the city secretary twenty-four (24) hours
prior to the meeting where the presentation will occur.
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(5) Presentation of proclamations: The agenda may provide a time for the presentation of
proclamations. The mayor or presiding officer may deliver provide and present
proclamations upon the request of citizens. Proclamations may encompass any activity or
theme except that proclamations with a theme religious or partisan in nature shall not be
presented. Moreover, proclamations shall not be used for any commercial or advertising
purpose.
(g) Consideration of ordinances, resolutions, and motions.
(1) Printed or typewritten form: All ordinances and resolutions shall be presented to the
council in printed, typewritten or electronic form. The council may, by proper motion,
amend any ordinance or resolution presented to it at the meeting at which it is presented
or direct that the amended ordinance be placed on the next or any future council agenda
for adoption.
(2) City attorney to approve: All ordinances, resolutions, and contracts and amendments
thereto, shall be approved as to form and legality by the city attorney, or he or she shall
file a written opinion on the legality of such ordinance, resolution or contract prior to
submission to the council. (Charter, Section 6.02)
(3) Distribution of ordinances and resolutions: The city manager shall prepare copies of all
proposed ordinances and resolutions for distribution to all members of the council at the
meeting at which the ordinance or resolution is introduced, or at such earlier time as is
expedient.
(4) Recording of votes: The yeas and nays shall be taken upon the passage of all ordinances
and resolutions and the vote of each member shall be recorded in the minutes and within
each respective ordinance and resolution. (Charter, Section 2.06 (b))
(5) Majority vote required: An affirmative vote of four (4) members is necessary to repeal
any ordinance or take any official action in the name of the city except as otherwise
provided in the Charter, by the laws of the State of Texas, or these rules. (Charter,
Section 2.06)
a. Tie-Vote:
1. City Council: Matters voted on by the City Council which end in a tie-vote due to
absence(s) shall automatically be placed on each subsequent council meeting
agenda until the full Council is present or the matter does not end in a tie vote.
Matters voted on by the City Council when the full Council is present, which end
in a tie-vote due to recusal(s) shall be considered a denial.
2. Boards, Commissions, and Committees: With the exception of the Planning and
Zoning Commission, matters voted on by boards, commissions, and committees,
which end in a tie-vote, regardless of the cause, shall be considered a denial. This
provision applies to all task forces, ad hoc committees, or other limited duration
groups established by the City Council.
i. The Denton Development Code outlines the process for City Council
review and decision of any recommendations made by the Planning
and Zoning Commission.
(6) Demand for roll call: Upon demand of any member, the roll shall be called for yeas and
nays upon any question before the council, with the exception of those circumstances set
forth in subsection (12), the previous question. It shall not be in order for members to
explain their vote during the roll call.
City Council Rules of Procedure
Page | 13
(7) Personal privilege: The right of a member to address the Council on a question of
personal privilege shall be limited to cases in which his or her integrity, character, or
motives are assailed, questioned, or impugned.
(8) Dissents and protests: Any member shall have the right to express dissent from or protest
against any ordinance or resolution of the council and have the reason therefor entered
upon the minutes. Such dissent or protest may be filed in writing, and presented to the
council not later than the next regular meeting following the date of passage of the
ordinance or resolution objected to.
(9) Voting required: No member shall be excused from voting except for lack of information
and except on matters involving the consideration of his or her own official conduct, or
where his or her personal interests are involved in accordance with V.T.C.A. Local
Government Code Ch. 171 (Vernon 2014), and in these instances he or she shall abstain.
Any member prohibited from voting by personal interest shall announce this at the
commencement of consideration of the matter and shall not enter into discussion or
debate on any such matter, shall leave the meeting room, and shall file an affidavit of
recusal. The member having briefly stated the reason for his or her request, the excuse
from voting shall be made without debate.
(10) Order of precedence of motions:
a. The following motions shall have priority in the order indicated:
1. Adjourn (when unqualified) and is not debatable and may not be amended;
2. Take a recess (when privileged);
3. Raise a question of privilege;
4. Lay on the table;
5. Previous question (⅔ vote required);
6. Limit or extend limits of debate (⅔ vote required);
7. Postpone to a certain time;
8. Commit or refer;
9. Amend;
10. Postpone indefinitely;
11. Main motion.
b. The first two motions are not always privileged. To adjourn shall lose its privilege
character and be a main motion if in any way qualified. To take a recess shall be
privileged only when other business is pending.
c. A motion to adjourn is not in order:
1. When repeated without intervening business or discussion;
2. When made as an interruption of a member while speaking;
3. While a vote is being taken.
d. Only certain motions may be amended as provided in the most current edition of
Robert's Rules of Order, revised. A motion to amend shall be undebatable when the
question to be amended is undebatable.
(11) Reconsideration: A motion to reconsider any action of the council can be made not
later than the next succeeding official meeting of the council. Such a motion can only be
made by a member who voted with the prevailing side. It can be seconded by any
member. In order to comply with the Texas Open Meetings Act, any council member
who wishes to make such a motion at a meeting succeeding the meeting where the action
was taken shall notify the city manager to place the item for reconsideration on the
City Council Rules of Procedure
Page | 14
council agenda. No question shall be twice reconsidered, except by unanimous consent of
the council, except that action related to any contract may be reconsidered at any time
before the final execution thereof. A matter which was not timely reconsidered in the
manner provided by this section or was reconsidered but the action originally taken was
not changed by the council cannot be reintroduced to the council or placed on a council
meeting agenda for a period of six (6) months unless this rule is suspended as provided
for in these rules of procedure.
(12) The previous question: When the previous question is moved and seconded, it shall
be put as follows: "Shall the main question be now put?". There shall then be no further
amendment or debate; except that nothing herein shall allow the previous question to be
called prior to a least one opportunity for each member of the council to speak on the
question before the council. Any pending amendments shall be put in their order before
the main question. If the motion for the previous question is lost, the main question
remains before the council. An affirmative vote of ⅔ of the council shall be required to
move the previous question. To demand the previous question is equivalent in effect to
moving "That debate now cease, and the council shall immediately proceed to vote on the
pending motion". In practice, this is done with the phrase "Call for the question", or
simply saying "Question".
(13) Withdrawal of motions: A motion may be withdrawn, or modified, by its movant
without asking permission until the motion has been stated by the presiding officer. If the
movant modifies his or her motion, the seconding council member may withdraw his or
her second. After the question has been stated, the movant shall neither withdraw it nor
modify it without the consent of the council. The subject different from that under
consideration shall be admitted under color of amendment. A motion to amend an
amendment shall be in order, but one to amend an amendment to an amendment shall not
be in order.
(14) Appropriations of money: Before formal approval by the council of motions
providing for appropriation of money, information must be presented to the council
showing purpose of the appropriation. In addition, before finally acting on such an
appropriation, the council shall obtain a report from the city manager as to the availability
of funds and his or her recommendations as to the desirability of the appropriation.
(15) Transfer of appropriations: At the request of the city manager, at any time during the
fiscal year, the council may by resolution transfer an unencumbered balance of an
appropriation made for the use of one department, division, or purpose; but no transfer
shall be made of revenues or earnings of any non-tax supported public utility to any other
purpose.
(h) Creation of committees, boards and commissions.
(1) Council committees: The council may, by resolution and as the need arises, authorize the
appointment of council committees. Any committee so created shall cease to exist when
abolished by resolution of the council. Council committees shall comply with the Texas
Open Meetings Act, as may be amended, suspended, or otherwise modified in times of
emergency.
(2) Citizen boards, commissions, and committees: The council may create other citizen
boards, commissions, and committees to assist in the conduct of the operation of the city
government with such duties as the council may specify not inconsistent with the City
Charter or Code. Creation of such boards, commissions, and committees and
City Council Rules of Procedure
Page | 15
memberships and selection of members shall be by council resolution if not otherwise
specified by the City Charter or Code. Any board, commission, or committee so created
shall cease to exist when abolished by a resolution approved by the council. No
committee so appointed shall have powers other than advisory to the council or to the city
manager, except as otherwise specified by the Charter or Code. All citizen boards,
commissions, and committees shall comply with the procedural requirements of the
Texas Open Meetings Act, as may be amended, suspended, or otherwise modified in
times of emergency. Any reference in this article to "citizen boards, commissions, and
committees" includes citizen task forces and citizen ad hoc boards, commissions, and
committees unless otherwise indicated herein.
(3) Appointments:
a. Individual city council members making nominations for members to citizen boards,
commissions, and committees will consider interested persons on a citywide basis.
b. The city council will make an effort to be inclusive of all segments of the community
in the board, commission, and committee appointment process. City council members
will consider ethnicity, gender, socio-economic levels, and other factors to ensure a
diverse representation of Denton citizens.
c. The city council will take into consideration an individual's qualifications, willingness
to serve, and application information in selecting nominations for membership to each
board, commission, and committee.
d. In an effort to ensure maximum citizen participation, city council members will
continue the general practice of nominating new citizens to replace board members
who have served three (3) consecutive terms on the same board per the provisions of
Denton Code of Ordinances, section 2-65. This provision does not apply to citizen
task forces and citizen ad hoc committees.
e. Each city council member will be responsible for making nominations for board,
committee, and commission places assigned to him or her, which shall correspond to
the city council member's place. Individual city council members will make
nominations to the full city council for the governing body's approval or disapproval.
(4) Rules of procedure:
a. All board, commission, and committee members, including citizen board,
commission, and committee members, shall comply with the provisions of article II
of chapter 2 of the Code of Ordinances, as may be amended. All board, commission
and committee members, including citizen board, commission, and committee
members, shall be provided a copy of these rules of procedure and a copy of the City
of Denton Handbook for Boards, Commissions and Committees, which shall govern
operational procedures of all boards, commissions and committees, including citizen
boards, commissions, and committees. All boards, commissions, and committees,
including citizen boards, commissions and committees, shall comply with these rules
as to the preparation of minutes of meetings, and such minutes shall be prepared in
accordance with the policies and procedures of the city secretary.
b. All citizen board, commission, and committee members shall comply with the
procedural requirements of the V.T.C.A., Texas Government Code Chapter 551, also
known as the "Texas Open Meetings Act" as they appear now or may be amended in
the future, insofar as the procedural requirements have not been suspended during a
time of emergency. Notice of all meetings shall be posted in compliance with the
City Council Rules of Procedure
Page | 16
Texas Open Meetings Act and minutes and records will be maintained in accordance
with requirements of the city secretary's office. Each citizen board, commission, and
committee member shall be provided a copy of the Texas Open Meetings Act.
Penalty provisions of the Texas Open Meetings Act shall only apply to citizen boards,
commissions, and committees with rule making or quasi-judicial power, as set forth
in the Texas Open Meetings Act and as interpreted by Texas Courts.
c. Unless otherwise provided by law, the City Council and each board, commission, or
committee, shall adopt a regular meeting schedule by no later than the body’s first
meeting of the calendar year. All regular meeting schedules shall be sent to the City
Secretary’s Office for official record keeping purposes upon adoption. Regular
meeting schedules should include all planned meetings the body intends to have
during the calendar year.
(i) Votes required. Questions on which the voting requirement is varied by the Charter, State
Statutes and these rules are listed below:
(1) Charter and state statutory requirements:
a. Charter amendment—Five (5) votes: Ordinances submitting proposed Charter
amendments must be adopted by a two-thirds (⅔) vote of the council. (TEX. CONST.
art. XI, § 3 and V.T.C.A. Local Government Code Ch. 9 (Vernon 2014.)) For a
seven-member council, this means five (5) members must vote affirmatively.
b. Levying taxes—Five (5) votes: Ordinances providing for the assessment and
collection of certain taxes require the approval of two-thirds (⅔) of the members of
the council (V.T.C.A. Tax Code § 302.101 (Vernon 2014)).
c. Changing paving assessment plans—Five (5) votes: Changes in plans for paving
assessment require a two-thirds (⅔) vote of the council (V.T.C.A. Transportation
Code § 313.053(e) (Vernon 2014)).
d. Changes in zoning ordinance or zoning classifications: In cases of a written protest of
a change in a zoning regulation or zoning classification by the owners of twenty (20)
percent or more either of the area of the lots included in such proposed change, or of
the lots immediately adjoining the same and extending two hundred (200) feet
therefrom, such amendment shall not become effective except by the favorable vote
of three-fourths (¾) of all members of the city council; further, three-fourths (¾) of
all the members of the city council is required to override the decision of the planning
and zoning commission that a zoning change be denied (V.T.C.A. Local Government
Code § 211.066 (Vernon 2014)) and section 35.3.4.C.(4) Denton City Code
(Development Code)). ("All" members of the city council is construed to mean all
who are qualified to vote on a matter, and any legal disqualification of a member
could change the requisite number of votes required for passage. City of Alamo
Heights v. Gerety et al., 264 S.W. 2d 778 (Ct. App. — San Antonio (1954)).
e. Amendment of tax abatement policy: The guidelines and criteria adopted as the city's
tax abatement policy may be amended or repealed by a vote of three-fourths (¾) of all
members of the city council (V.T.C.A. Tax Code § 312.002(c) (Vernon 2014)).
Severability clause. If any section, subsection, paragraph, sentence, clause, phrase or word in this
section, or application thereof to any person or circumstances is held invalid by any court of
competent jurisdiction, such holding shall not affect the validity of the remaining portions of this
ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have
enacted such remaining portions despite any such invalidity.
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 20-733,Version:1
AGENDA CAPTION
Receive a report,hold a discussion,and give staff direction regarding an update to the City of Denton’s COVID
-19 response.
City of Denton Printed on 3/27/2020Page 1 of 1
powered by Legistar™
City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: City Manager’s Office
CM/ DCM/ ACM: Todd Hileman
DATE: March 31, 2020
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding an update to the City of Denton’s
COVID-19 response.
BACKGROUND
Beginning in December 2019, a novel coronavirus, now designated SARS-CoV2 which causes the disease
COVID-19, has spread throughout the world and has now been declared a global pandemic by the World
Health Organization. Likewise, both the President of the United States and the Governor of Texas have
declared states of emergency regarding the disease. Symptoms of COVID-19 include fever, coughing, and
shortness of breath, and in some cases the virus has caused death. As of March 26, 2020, the known cases
of COVID-19 diagnosed in Denton County is currently on the rise with 70 positive or presumed positive
cases and one of those located within the City of Denton.
This work session report will provide an update on the City of Denton COVID-19 response. A
presentation and any back up material will be provided to the City Council at or shortly before the
meeting.
OPTIONS
N/A
RECOMMENDATION
N/A
ESTIMATED SCHEDULE OF PROJECT
N/A
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
March 24 – Second Mayoral Declaration of Disaster and Order
March 20 – Adoption of Ordinance 20-740 Amending Council Declaration of Local Disaster and Order
March 17 – Adoption of Ordinance 20-720 Extending and Modifying Mayoral Declaration
March 13 – Mayoral Declaration of Local Disaster and Order
FISCAL INFORMATION
N/A
BID INFORMATION
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
N/A
EXHIBITS
Exhibit 1 – Agenda Information Sheet Exhibit 2 – Presentation
Respectfully submitted:
Sarah Kuechler
Chief of Staff
Prepared by:
Ryan Adams
Deputy Director of Public Affairs/IGR
City Council Special MeetingTuesday, March 31, 20201
Work Session Item BUpdate on COVID-19 Response2Tuesday, March 31, 2020
Background3•Local Disaster Declarations and Orders for Public Health Emergency•March 13, first Mayoral declaration and order•March 17, City Council extended with the term of the declaration through April 30, unless otherwise modified•March 20, City Council further amended •March 24, second Mayoral declaration and order to Stay At Home•Staff provided updates on the City’s response to COVID-19 during work sessions on March 17 and March 20•This work session will provide another information update on the City’s response •Extension or amendment to the second Mayoral declaration and order to Stay At Home will be discussed during the Individual Consideration itemTuesday, March 31, 2020
Overview of Updates•Grocery and Retail Store Outreach•Actions Following Stay At Home Order •Update on Assistance to Businesses•Local Community Response (Resources and How to Help)•Alternative Shelter Arrangement and Services Available•Update on City Operations and Planning•Local Medical Response and Preparedness4Tuesday, March 31, 2020
Update: Store Outreach•On Tuesday, March 24, Development Services staff visited several major essential retailers and grocery stores•Staff distributed copies of social distancing flyers and provided a letter with best practices for social distancing•Staff learned and discussed how they have modified their operations to keep customers and employees safe•More detailed information was provided in the Friday report5Tuesday, March 31, 2020
Update: Stay at Home Order•Mayoral Order issued on Tuesday, March 24 to be effective at 11:59 p.m. on Wednesday, March 25 for seven days, unless extended by City Council•Following the Stay at Home Order, many communication efforts rapidly took place:•Staff developed communications – press release, website, FAQs, flyers, social media posts•Staff answered many contacts through phone, email, social media, etc.•Staff in constant contact with County for guidance6Tuesday, March 31, 2020
7As of Friday, 3/20/20 at Noon
Update: Stay at Home Order•For inquiries on if a business is essential or not, please email businesscovid19@dentoncounty.gov•City staff developed method for reporting business concerns•Can be reported through EngageDenton app or website•Will be reviewed by a team with Legal, Development Services, CIS, Public Affairs, and Economic Development•Will work with Denton County•Education and outreach through site visits or phone calls will be the priority•Issuing citations will be a last tool if needed8Tuesday, March 31, 2020
Update: Assistance to Business9Business Resource Website:•www.cityofdenton.com/COVID19business•Links to federal, state, and local resources•SBA: Economic Injury Disaster Loans & Payroll Protection Program•Local Small Business Development Center (SBDC): (940) 498-6470•US Dept. of Treasury/IRS: Tax filing updates•US Dept. of Labor: Employer/employee guidance•Texas Workforce Commission: Unemployment insurance•Denton Main Street Association•Denton Chamber of CommerceTuesday, March 31, 2020
Update: Assistance to Business10Other Resources:•Promoting free webinars/education to support business available through:•Stoke Denton•Denton Main Street Association•Denton Chamber of Commerce•Fort Worth Chamber of Commerce•Texas Workforce Commission•Small Business Administration•Businesses with questions about resources or available programs can call (940) 349-7776.Tuesday, March 31, 2020
Update: Local Community ResponseCity Website:•www.cityofdenton.com/coronavirusresources•Resources •Utility Assistance, Family and Childcare Services, Emergency Assistance for Homeless and At-Risk Housing Needs, Food Resources, Healthcare and Mental Health Resources, Digital Resources•How to Help Other Resources:•Denton Independent School District (DISD) (www.dentonisd.org/covid19)•United Way of Denton County (www.unitedwaydenton.org/covid-19-resources)•Serve Denton (www.servedenton.org/coronavirus)•Denton County Medical Reserve Corps (https://mrc.dentoncounty.gov/)11Tuesday, March 31, 2020
Update: Alternative Shelter Arrangement•City staff worked with ODB, MKOC, and TSA to rapidly develop an alternative plan and coordinate logistics•Due to nonprofit volunteer forces being lost•To mitigate a potential outbreak in the shelters•To protect health and safety of clients in the shelters•To preserve limited public safety resources and hospital resources12Tuesday, March 31, 2020
Update: Alternative Shelter Arrangement•City temporarily rented rooms at two hotels for 30 days•One hotel with 50 rooms (individuals)•Clients assigned to rooms by shelters; all MKOC clients have been placed and the MKOC shelter is closed until further notice•Clients signed Rules of Conduct that they must abide by or forfeit opportunity to stay•MKOC staff (2) are helping to manage, operate, and provide support to clients•City is providing security firm to be on-site 24/7; Denton PD patrol will stop by occasionally as available•One hotel with 10 rooms (families)•Grace Like Rain is helping to manage, operate, and provide support to clients•Meals are being prepared and delivered by Our Daily Bread (ODB)13Tuesday, March 31, 2020
Update: Health/Hygiene Services•Civic Center Pool (CCP) showers and restrooms are open for public use. The facility is accessible from 9 a.m. to 5 p.m. from Monday to Saturday. •A mobile Washer/Dryer Unit has been delivered, connected, and available in the parking lot •Three (3) mobile handwashing stations are available outside the Civic Center Pool area•The water fountains at the Civic Center Pool are on and individuals can refill their water bottles•The restroom/shower areas are cleaned 2 times a day and stocked when needed with toilet paper•Staff is working closely with ODB to help us get the word out about services and opportunities available•Restrooms in parks have been closed; we simply cannot commit to keeping them sanitized and monitored enough during this time14Tuesday, March 31, 2020
Update: City Operations•City staff continue to coordinate the City’s emergency response and operations through the Emergency Operations Center (EOC)•Essential services continue to be provided (public safety, utility operations, infrastructure maintenance and construction) •All departments deployed remote working procedures where eligible and possible to continue providing service•City staff have adapted operations to continue service, including Library and Parks & Rec providing remote programming and services•Nonessential staff are helping to supplement volunteer shifts at nonprofits15Tuesday, March 31, 2020
Update: City Operations/Public Information•Continued to push out and distribute information through press releases, website, social media, videos, flyers, signage, etc.•For some perspective, from March 12-26:•Main City social media channels•634,082 impressions (number of times people saw our posts)•1,874 comments and messages received•On March 24 alone, we received 700 comments and messages•On Facebook, private messages have been responded to within 11 minutes on average•65,813 likes, comments, clicks, and shares•Website page (www.cityofdenton.com/coronavirus)•[Total Pageviews: 57,082] [Unique Pageviews: 45,461]•News Blog Site Pageviews (https://cityofdenton.com/news) •[Total Pageviews: 61,231] [Unique Pageviews: 55,993]16Tuesday, March 31, 2020
Update: City Operations/Financial Planning•Anticipating the economic impact of COVID-19 to hit the budget rapidly, an internal executive team is beginning to work with Directors on cost reduction and cost containment recommendations•Projected shortfalls in the General Fund and Utility Fund budgets will need to be offset in order to both sustain basic essential services, as well as mitigate need to raise property taxes and utility fees•Initial outlook is anticipating need to reduce General Fund expenditures by $6M to $12M this fiscal year, with additional reductions in the Utility Funds•More information to come, but important to communicate that steps are already being taken to cut, or defer, costs17Tuesday, March 31, 2020
Update: Medical Response and Preparedness•Fire Department response modifications•Denton State Supported Living Center update•Working group established with local hospitals to communicate city-wide needs•Daily reporting of availability to NTTRAC•Mandatory reporting of testing to FEMA and National Health Safety Network•Personal Protective Equipment update18Tuesday, March 31, 2020
Questions?19Tuesday, March 31, 2020
Other Resources20•Websites•City of Denton -www.cityofdenton.com/coronavirus•Denton County Public Health (DCPH) –www.dentoncounty.gov/coronavirus•Texas Department of State Health Services (DSHS) -www.dshs.texas.gov/coronavirus/•Centers for Disease Control (CDC) –www.cdc.gov/coronavirus•Additional Websites•Denton Independent School District -www.dentonisd.org/covid19•University of North Texas -healthalerts.unt.edu/•Texas Woman’s University -twu.edu/coronavirus/•Hotlines•DCPH – (940) 349-2585, weekdays from 8AM to 5PM•Texas DSHS – Dial 2-1-1 and then choose option 6, 7 days per week from 7AM to 8PMTuesday, March 31, 2020
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 20-697,Version:1
AGENDA CAPTION
Receive a report,hold a discussion,and give staff direction regarding the Public Safety Substation and Firing
Range with a focus on façade, sustainability, and budget considerations.
City of Denton Printed on 3/27/2020Page 1 of 1
powered by Legistar™
City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Police Department
CM: Sara Hensley, Assistant City Manager
DATE: March 31, 2020
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding the Public Safety Substation and Firing Range with a focus on façade, sustainability, and budget considerations..
INFORMATION/BACKGROUND
The City of Denton’s Police Department projects consisting of the renovation of the existing headquarters
building, a new remote substation and an indoor firing range is part of the recently passed bond vote in
November of 2019. Currently the process of design work for renovations to accommodate a more efficient
layout and update of areas is underway. There was also a need identified for the location of a new police
substation identified as well as a firing range to allow the city the proper training of the public safety staff.
Part of the existing headquarters staff will relocate to the substation building upon completion of the
project.
Council approved the continuance design team headed by Brandstetter Carroll Architects, for the design,
engineering, of the three public safety projects. The Contract Manager at Risk agreement was
approved early 2020 to provide pre-construction services and cost estimation milestones.
ESTIMATED SCHEDULE OF PROJECT
This project timeline is a projecting the start of construction by early 2021 with completion by Summer of
2022, given the currently anticipated 90-day pause. All three buildings are anticipated to be constructed
simultaneously.
RECOMMENDATION
Staff seeks Council direction to provide guidance regarding suggested changes to the originally presented
building facades and, to report on sustainability alternates to be considered for project incorporation.
Staff is seeking Council direction on probable projected costs for both the improved facades given both
their first cost as well as their potential for providing savings (if any) in the future.
CONSIDERATIONS
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
There are several design elements included in the staff presentation for City Council discussion and
consideration. These elements focus on the exterior aesthetic features; as well as the energy efficiency and
sustainable design goals of the building. In order to incorporate into the design process, there are important
aspects of the building design which require Council direction.
These are the options and costs to discuss for the following items:
• Exterior building façade aesthetics;
• Viable sustainability alternates which include these suggested items;
o Tankless hot water heaters
o Increased Insulation
o Sun Tubes
A list of other alternates which were also considered but were proven not to be financially viable for these
projects will also be presented.
EXHIBITS
1. Agenda Information Sheet
2. Staff Presentation
Respectfully submitted:
Sara Hensley
Assistant City Manager
Prepared By:
Larry Chan
Da
Police Department
Headquarters
Sub–Station
Firing Range
1
March 31, 2020 City CouncilMeeting
1
File ID: 20-697
CITY COUNCIL
REQUESTS
HEADQUARTERS
SUB-STATION
FIRING RANGE
File ID: 20-69703/31/2020 1
03/31/2020 2
Original E. Hickory Street Proposed Façade
File ID: 20-697
03/31/2020 3
E. Hickory Street Façade Upgrade – Cost: 1,300,000
Alternative View
File ID: 20-697
Staff Recommends
03/31/2020 4
Sub-Station Original Proposed Vintage Street View
File ID: 20-697
03/31/2020 5
Sub-Station Requests Incorporated
Initial Savings: (65,000) Annual Savings: (700)
Stucco around
Tower in lieu of
Masonry
Reduce Tower
Height
File ID: 20-697
Staff Recommends leaving Masonry and Tower Height
03/31/2020 6
Firing Range Original Proposed Vintage Street View
File ID: 20-697
03/31/2020 7
Stucco at Tower
instead of Masonry
Reduce Tower
Height
Remove Arch
File ID: 20-697
Firing Range Requests Incorporated
Initial Savings: (185,000) Annual Savings: (275)
Staff Recommends leaving Masonry, Tower Height and Arch
SUSTAINIBILTY
ALTERNATES
HEADQUARTERS
SUB-STATION
FIRING RANGE
03/31/2020 8File ID: 20-697
HQ Viable Alternate
903/31/2020
1. Tankless Hot Water Heaters
Cost:13,519
Payback Time:20+ Years
Recommended
File ID: 20-697
Headquarters Rejected Alternates
1003/31/2020
2. HVAC Upgrade to Variable Refrigerant Flow Units
Cost:1.1 M
Payback Time:No
3. Geothermal Heat Pumps
Cost:2.8 M
Payback Time:No
4. Pervious Pavement
Cost: 1.6 M
Payback Time: No
5. Solar Panel Canopy over parking stalls
Costs: +500,000
Payback Time: No
2.
3.
4.
File ID: 20-697
5.
HQ Rejected Alternates
903/31/2020
6. HVAC Upgrade to Higher Efficiency Units
Cost:544,822
Payback Time:No
6.
File ID: 20-697
Sub-Station Viable Alternates
1103/31/2020
1. Closed Cell Spray Foam to 2.5” Thick + 6” Batt
Cost:46,518
Payback Time:7 Years
2. Internal Daylight Harvesting Solar Tubes
Cost:93,765
Payback Tim:25+ Years
3. Tankless Hot Water Heaters
Cost: 11,409
Payback Time: 20+ Years
Recommended
2.
1.
File ID: 20-697
3.
Sub-Station Rejected Alternates
1303/31/2020
4. Solar Panel Canopy over Parking Stalls
Cost:4.95 M
Payback Time:No
5. Solar Shading Devices Upgrade
Cost:200,000
Payback Time:No
6. Green Roof
Cost:450,000
Payback Time:No
7. Solar Farm
Cost:11.8 M
Payback Time: No
7.
4.
File ID: 20-697
6.
5.
Sub-Station Rejected Alternates
1403/31/2020
8. Geothermal Heat Pumps
Cost:1.2 M
Payback Time:N0
9. Pervious Parking
Cost:3.7 M
Payback Time:No
10. Solar Shading Devices Upgrade
Cost:200,000
Payback:No
11. HVAC Upgrade to Variable Refrigerant Flow Units
Cost:850,000
Payback Time: No
8.
9.
File ID: 20-697
10.
11.
Sub-Station Rejected Alternates
1503/31/2020
12. Solar Collector (Trombe Wall)
Cost:250,000
Payback: No
12.
File ID: 20-697
13. HVAC Upgrade to Higher Efficiency Units
Cost:708,055
Payback:No
14. Upgrade Glazing to three pane Argon filled units
Cost:73,709
Payback:No
13. 14.
Firing Range Rejected Alts
1103/31/2020
1. Closed Cell Spray Foam to 2.5” Thick + 6” Batt
2. Internal Daylight Harvesting Solar Tubes
3. Tankless Hot Water Heaters
4. Green Roof
5. Solar Shading Devices Upgrade
6. Geothermal Heat Pumps & Other HVAC Upgrades
Because this is not a 24/7 operation, it is hard to
determine actual cost savings. The building will be built
as an environmentally responsible and sustainable
design.
2.
1.
File ID: 20-697
3.
03/31/2020 17
Project Summary: Original Design
File ID: 20-697
Sub-Station:
1.Masonry Cost:34,000
2.Tower Cost:29,211
Public Safety Project Recommendation, (already in the original design) $ 236,215
Firing Range:
1.Masonry Cost:11,259
2.Tower Cost:19,961
3.Entry Gateway Cost:141,784
03/31/2020 17
Project Summary: Enhancement recommendations:
File ID: 20-697
Headquarters: Sustainability Alternates
1.Tankless Hot Water Heaters Cost: 13,519 Payback Time: 20+ Yrs
Sub-Station Sustainability Alternates
1.Closed Cell Spray Foam to 2” thickness + 6” Batt Cost: 46,518 Payback Time: 7 Yrs
2.Tankless Hot Water Heaters Cost: 11,409 Payback Time: 20+ Yrs
3.Internal Daylight Harvesting – Sun Tubes Cost: 93,765 Payback Time: 25+ Yrs
Public Safety Project Enhancement Recommendation: $1,465,211.
Headquarters Façade:1.3 million
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 20-010,Version:1
AGENDA CAPTION
Receive a report, hold a discussion, and give staff direction on pending City Council requests for:
1.Passing an ordinance issuing a 60-day grace period for owed rent for residents and small businesses.
City of Denton Printed on 3/27/2020Page 1 of 1
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City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: City Manager’s Office
ACM: Sara Hensley
DATE: March 31, 2020
SUBJECT
Receive a report, hold a discussion, and give staff direction on pending City Council requests for:
1. Passing an ordinance issuing a 60-day right to cure period for owed rent for residents and small
businesses.
BACKGROUND
During the annual City Council retreat on Saturday, August 17, 2019, the City Council agreed to a process
to ensure there is a consensus of the City Council regarding the use of staff time when responding to requests
from elected officials that anticipate taking more than two hours to complete or if there is a City Council
policy decision to be made. The process developed during the retreat was further discussed and formally
adopted at the August 27 City Council meeting (Exhibit 2).
Staff will review one outstanding request for information per elected official during each work session. The
weekly work session process will include staff introducing the requested topic followed by the requesting
elected official having up to one minute to describe and justify their request. Remaining elected officials
will then have up to one minute to provide feedback and indicate their support for the use of staff time to
respond to the request. Staff will respond to all requests where a consensus of at least four elected officials
is established. Responses will be provided in the requested format including Informal Staff Reports, Legal
Status Reports, City Council work session topics, or ordinances and resolutions to be considered on future
City Council agendas.
The following items will be discussed during the March 31, 2020 work session:
1. Passing an ordinance issuing a 60-day right to cure period for owed rent for residents and
small businesses
a. Requestor: Council Member Armintor
b. Council Member Request: Council Member Armintor requested a work session to
discuss drafting and passing an ordinance issuing a 60-day right to cure period for owed
rent for residents and small businesses.
c. Staff Information: Legal prepared and distributed a Legal Status Report for Council with
more information.
d. Date Requested: March 26, 2020
e. Requested Format for Response: Work Session
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
EXHIBITS
Exhibit 1 – Agenda Information Sheet
Exhibit 2 – Ordinance No. 19-2026
Exhibit 3 – Presentation
Respectfully submitted:
Rachel Balthrop Mendoza
Assistant to the City Manager
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reporting ta, the City Manager or City Attorney.
b) City Council Requests for Information from City Staff.
1) All City Council requests for information from City Staff, must be submitted to the
City Manager's Office via email and include at a minimum, the following details:
a, Request Type;
b. Purpase;
c. Time Sensitivity; and
d. Preferred Respanse Format.
2) The City Manager's Office and/or the City Attorney's Office will estimate the amaunt
af time required to respond ta each request.
3) Requests estimated to take more than a total of twa hours to complete will be brought
forward within the next 30 calendar days, to a City Council wark session to seek
cansensus from the full City Council regarding the use af City Staff time to fulfill the
request. Requests for information referred to a work session will fallow the procedures
provided in sub-section (b) of Sectian 2-30.
c) City Cauncil Requests for Informatian Referred to a Work Session.
1) A standing work session item will be added to each City Council agenda for City
Council requests ta be cansidered.
a. The requesting Council Member will be required ta pravide a clear, written
explanation describing the reason for the informatian requested. This
description will be included as an attachment ta the work session agenda
materials and must he provided to the City Secretary in time to fully camply
with Texas Open Meeting Act requirements.
2) During the work session, the requesting Cauncil Member will have a maximum af one
minute to describe and justify their request.
a. Remaining Cauncil Members will then have a maximum of one minute each to
provide feedback and indicate their support for the use of City Staff time to
respond ta the request,
3} City Staff will respond to all requests where a consensus of at least four elected officials
is established. Each elected official will alsa have the option to request City Staff
respond to a maximum of two requests per quarter where a consensus is not met,
pravided each request in this category is not estimated to take mare than a total of ten
City Staff hours to complete, Ta the extent possible, responses will be make in the
requested format including Informal Staff Reports, Legal Status Reports, City Council
work session topics, or ardinances and resalutians ta be cansidered on future City
Council agendas.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
S„ECTION 3, To the extent not otherwise provided, this ordinance shall repeal every prior
ordinance in conflict herewith, but only insofar as the portion of such ordinance shall be in conflict;
and as to all other sections of the ordinance not in direct conflict herewith, this ordinance shall be
and is hereby made cumulative except as to such prior ordinances or portions thereof as are
expressly repealed hereby.
SECTION 4. If any provision of this ordinance or the application thereof to any person
or circumstance is held invalid by any court, such invalidity shall not affect the validity of the
provisions or applications, and to this end the provisions of this ordinance are severable.
ro ordinance was made by ' ° m Y ; ' ° The motion to app ve this
and seconded by '' m , the ordinance was r,a.l anda
z r•r y t 7 a l>r ir r N ..,. b
Mayor Chris Watts:
Gerard Hudspeth, District 1
Keely Briggs, District 2:
Jesse Davis, District 3:
John Ryan, District 4:
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6:
Aye Nay Abstain Absent
PASSED AND APPROVED this the °,, day of , , _ t 2019, n. --,,
w , ;
C i' I: WATTS, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
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City Council Pending
Requests for Information
City Council Meeting
March 31, 2020
Work Session Process
•Up to seven requests will be reviewed per meeting (one per Council Member)
•Staff will introduce each request
•The elected official that made the request will have up to one minute to describe and justify their request
•Remaining elected officials will then have up to one minute to provide feedback and indicate their support for the use of staff time to respond to the request
•Staff will respond to all requests where a consensus of Council is established
Legistar ID: 2020-010 2March 31, 2020
Item 1
•Passing an ordinance issuing a 60-day right to cure period for
owed rent for residents and small businesses
•Requestor: Council Member Armintor
•Council Member Request:Request a work session to discuss passing an
ordinance issuing a 60-day right to cure period for owed rent for
residents and small businesses.
•Staff Information: Legal prepared and distributed a Legal Status Report
for Council with more information.
•Requested Format for Response: Work Session
3Legistar ID: 2020-010 March 31, 2020
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 20-511,Version:1
AGENDA CAPTION
Consider approval of a resolution of the City of Denton,a Texas home-rule municipal corporation,authorizing
the City Manager,or his designee,to certify to the United States Environmental Protection Agency the City’s
compliance with the risk and resilience assessments requirement of the Federal America’s Water Infrastructure
Act; and, providing an effective date.
City of Denton Printed on 3/27/2020Page 1 of 1
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City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Water Utilities
CM/ DCM/ ACM: Mario Canizares, Deputy City Manager
DATE: March 31, 2020
SUBJECT
Consider approval of a Resolution of the City of Denton, a Texas Home-Rule Municipal Corporation, authorizing
the City Manager, or his designee, to certify to the United States Environmental Protection Agency the City’s
compliance with the risk and resilience assessments requirement of the Federal America’s Water Infrastructure
Act; and, providing an effective date.
BACKGROUND
To comply with the American Water Infrastructure Act (AWIA) of 2018, the Water Utility must certify to the
Environmental Protection Agency (EPA) that the required Drinking Water Risk and Resiliency Assessment was
completed. The deadline for compliance is March 31, 2020. The Assessment is not to be submitted to the EPA.
FISCAL INFORMATION
Compliance with the American Water Infrastructure Act is an unfunded Federal mandate.
In FY2019 the Utility utilized revenue to fund the completion of the Drinking Water Risk and Resiliency
Assessment in the amount of $106,750.
For FY2020 the Utility has budgeted $250,000 to complete the second component of the AWIA requirements,
preparation of an Emergency Response Plan.
RECOMMENDATION
Staff recommends Council approve a Resolution to certify to the EPA that the City has completed its initial
obligations under the American Water Infrastructure Act requirements.
PRIOR ACTION
On March 6, 2018, and June 5, 2018, Council approved RFQ 6590 for a prequalified list of professional
engineering firms.
On July 26, 2019, Council approved RFQ 6590-061 Professional Services Agreement awarded to Freese and
Nichols, Inc. in the not-to-exceed amount of $106,750 for completion of the RRA.
EXHIBITS
Exhibit 1 – Agenda Information Sheet
Exhibit 2 – Resolution
Exhibit 3 – Presentation
Respectfully submitted:
Frank Pugsley
Director of Water and Wastewater Utilities
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
America’s Water Infrastructure
Act (AWIA) of 2018
Risk and Resilience Assessment
MARCH 31, 2020
MARCH 31, 2020 –ID 20-511 1
2018 AWIA Risk & Resilience Assessment
MARCH 31, 2020 –ID 20-511 2
Increased awareness and
preparedness of infrastructure
vulnerabilities from an all-hazard
prospective driven by recent disasters
Hurricane Sandy
Hurricane Harvey
Requirements:
•Sec. 2013 Community Water System Risk and Resilience
•Risk and Resilience Assessment
§2013 Community Water System
Risk & Resilience
MARCH 31, 2020 –ID 20-511 3
Bioterrorism Act (2002)AWIA (2018)
Vulnerability Assessment (VA)Risk & Resilience Assessment (RRA)
Terrorism or Intentional Act Malevolent Acts / Natural Hazards
/ Dependency Hazards
Submit VA to EPA Prepare RRA & Certify to EPA
Emergency Response Plan (ERP)Prepare/Update ERP & Certify to EPA
Tampering with Water System
is a Federal Offense No Change
2018 AWIA significantly increases the scope of the 2002 Bioterrorism Act
Penalty Up to $25,000 per day if Certification Letter to EPA Is Not Submitted By Deadline
Compliance Deadlines
MARCH 31, 2020 –ID 20-511 4
Utility Size
Estimated # of
Community Water
Systems
Risk & Resilience
Assessment
Emergency Response
Plan
>100K 435 March 31st, 2020 September 30th, 2020
50 -100K 594 December 31st, 2020 June 30th, 2021
3,300 -<50K 8,295 June 30th, 2021 December 30th, 2021
Must review, update and recertify every 5 years
*
* City of Denton will submit Compliance Certification to the EPA March 31st and September 30th, 2020
2 Phase Compliance
MARCH 31, 2020 –ID 20-511 5
Phase 1. Conduct Risk and Resilience Assessment
Assessment that provides an all hazards approach with probabilities of
occurrences to critical utility assets at risk and develops a management plan to
mitigate such risks. The RRA includes the completion of a Cybersecurity analysis
for the water utility.
Phase 2. Certify Compliance with the EPA
Water Utilities must certify through the secured EPA portal the RRA has been
completed by March 31, 2020
Risk and Resilience Assessment Methodology
MARCH 31, 2020 –ID 20-511 6
Water System Risk and Resilience Assessment
MARCH 31, 2020 –ID 20-511 7
Risk & Resilience Analysis (R = C * V * T)
◦Calculate Risk for Each Threat-Asset Pair
◦Risk (R) calculated as product of Consequence (C), Vulnerability (V), and Threat (T)
◦Calculate Utility Resilience Index (URI) for Overall Water System to Understand
the Utility’s Ability to Respond to and Recover from an Incident
12 Factor Scale (Operational and Financial Scale to Estimate Level of Resilience)
Emergency Response Plan Status Critical Staff Resilience (% of Staff with Back-Up)
National Incident Management System (NIMS) Compliance Business Continuity Plan (BCP) Status
Mutual Aid and Assistance Utility Bond Rating Measure
Emergency Power for Critical Operations GASB Assessment (% of Assets Assessed)
Ability to Meet Min. Water Demands (Time)Community Unemployment (% National Average)
Critical Parts Resilience (Time to Replace Key Equipment)Median Household Income (% State Median)
Water System Risk and resilience Assessment
MARCH 31, 2020 –ID 20-511 8
Risk and Resilience Management
◦Define Acceptable Levels of Risk Scores
◦Identify Countermeasures or Mitigation Options
◦Prioritize mitigation options based on those that benefit multiple threat-asset pairs
◦Develop Costs for Highest Ranking Options
◦Calculate Net Benefits or Benefits/Cost Ratio of Options
◦Select Mitigation Options to be Included in Future CIPs
Certify Compliance with the EPA
MARCH 31, 2020 –ID 20-511 9
1. Complete Risk and Resilience Assessment
2. Identify Community Water System ID
3. Certify Completion By Compliance Deadline
4. Submit Using EPA Secure Online Portal
Questions / Comments
Water Utilities
MARCH 31, 2020 –ID 20-511 10
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 20-623,Version:1
Consider adoption of an ordinance of the City Council of the City of Denton approving the Development Fee
Grant Program; rescinding ordinance 19-390 establishing the affordable housing fee grant program;
establishing the guidelines for the program and the provisions for enforcement thereof; establishing an annual
budget; and providing an effective date.
City of Denton Printed on 3/27/2020Page 1 of 1
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City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Public Affairs and IGR - Community Development
CM/ DCM/ ACM: Sara Hensley, Assistant City Manager
DATE: March 31, 2020
SUBJECT Consider adoption of an ordinance of the City Council of the City of Denton approving the Development Fee Grant Program; rescinding ordinance 19-390 establishing the affordable housing fee grant program;
establishing the guidelines for the program and the provisions for enforcement thereof; establishing an annual budget; and providing an effective date.
DISCUSSION On March 3, 2020, staff presented a work session report reviewing proposed guidelines for a Development
Fee Grant (the “Program”) assisting local nonprofit organizations with development related fees. This report was preceded by a work session report on November 5, 2019, that provided an overview of current grant programs and sought Council policy direction to draft a program policy and guideline for a nonprofit development fee grant program. During the March 3, 2020, City Council directed staff to proceed with
Development Fee Grant Program as proposed. City Council will now consider adoption of an ordinance
(Exhibit 2) approving the Development Fee Grant Program, establishing the guidelines (Exhibit 3), and establishing an annual budget. The Program supports initiatives adopted by the City Council of the City of Denton as part of the
Consolidated Plan for Housing and Community Development, the City of Denton recognizes that safe,
decent, affordable housing and accessible public facilities that are essential to quality of life and to building communities that support community diversity and stability. It will have two eligible project types.
1. DEVELOPMENT FEE GRANT - AFFORDABLE HOUSING
In collaboration and partnerships with local nonprofits, the City is offering the Program as an incentive
for single-family affordable housing to:
• Reduce the housing cost burden for low-income families;
• Increase homeownership opportunities for low-income families; and
• Encourage preservation of existing and construction of new affordable housing in Denton.
2. DEVELOPMENT FEE GRANT - NONPROFIT FACILITY In collaboration and partnerships with local nonprofits, the City is offering the Program as an incentive
for supportive services provision to:
• Reduce barriers to residents in need to receive assistance through supportive services;
• Increase access to supportive services;
• Encourage preservation of existing and construction of new accessible public facilities in
Denton.
City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com
OPTIONS 1. Proceed with Development Fee Grant Program.
2. Do not proceed with Development Fee Grant Program.
3. Provide other direction regarding the Development Fee Grant Program.
RECOMMENDATION
Proceed with the Development Fee Grant Program
FISCAL INFORMATION The FY2019-20 approved budget includes $75,000 for the Affordable Housing Fee Grant Program and $150,000 for Nonprofit Fee Grant Program. By combining these under the new Development Fee Grant
Program, the total funding will be $225,000.
PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Affordable Housing Fee Grant Program was approved in April 2019 by Ordinance 19-390. This will replace and supersede the previous Affordable Housing Fee Grant Program guidelines adopted by the City
Council.
EXHIBITS 1. Agenda Information Sheet 2. Ordinance and Development Fee Grant Program Guidelines
Respectfully submitted: Danielle Shaw
Community Services Manager
DEVELOPMENT FEE GRANT PROGRAM
1
DEVELOPMENT FEE
GRANT PROGRAM
PURPOSE AND SCOPE
Pursuant to initiatives adopted by the City Council of the City of Denton as part of the Consolidated Plan
for Housing and Community Development, the City of Denton recognizes that safe, decent, affordable
housing and accessible public facilities are an important part of a community development strategy. The
purpose of the Development Fee Grant (the “Program”) is to assist with the development and
preservation of affordable housing and with the delivery of supportive services that are essential to
quality of life and to building communities that support community diversity and stability.
There are two categories of projects eligible for this Development Fee Grant:
1. DEVELOPMENT FEE GRANT – AFFORDABLE HOUSING PROJECTS
In collaboration and partnerships with local nonprofits, the City is offering the Program as an
incentive for single-family affordable housing to:
• Reduce the housing cost burden for income qualified families;
• Increase homeownership opportunities for income qualified families; and
• Encourage preservation of existing and construction of new affordable housing in Denton.
2. DEVELOPMENT FEE GRANT – NONPROFIT FACILITY PROJECTS
In collaboration and partnerships with local nonprofits, the City is offering the Program as an
incentive for supportive services provision to:
• Reduce barriers to residents in need to receive assistance through supportive services;
• Increase access to supportive services;
• Encourage preservation of existing and construction of new accessible public facilities in Denton.
The Program, provided as a reimbursement grant, will assist eligible organizations and projects with the
cost of building permits and utility fees, including road, water and wastewater impact fees. This
document sets forth the administrative process for the application, implementation, and compliance
requirements of the Program.
DEVELOPMENT FEE GRANT PROGRAM
2
01. QUALIFYING ENTITY
The entity must be a Qualified Nonprofit Organization as defined in
26 U.S.C. Section 501(c)(3); and
• has a corporate purpose that meets the definition of charitable as
set forth in the in 26 U.S.C. Section 501(c)(3) that is stated in its
articles of incorporation, by-laws, or charter;
• has been incorporated in this state of Texas for at least two years;
• has none of its earnings inure to any private shareholder or
individual;
• has at least one-fourth of its board of directors residing in Denton;
• engages primarily in services for low- to moderate-income
individuals and families.
SINGLE-FAMILY AFFORDABLE HOUSING PROJECTS
1. Must be a Qualified Nonprofit Developer of Affordable Housing as defined in in 26 U.S.C. Section
501(c)(3); or
2. Must be an income qualified homeowner eligible for housing programs supported by the City’s
CDBG and HOME funds.
NONPROFIT FACILITY PROJECTS
1. The Qualified Nonprofit Organization facility must be providing housing or human services to
Denton residents inside the building; and
2. NONPROFIT FACILITY PRIORITIES
Projects will be reviewed and ranked with the following considerations.
Facility provides low barrier access permanent supportive housing for persons
experiencing homelessness.
Facility provides low barrier access transitional or emergency housing for persons
experiencing homelessness.
Facility provides housing and/or supportive services for persons experiencing or at-risk of
homelessness.
Facility provides physical health, mental health and/or behavioral health care to
uninsured and other income qualified persons.
Facility provides services to victims of abuse or neglect.
Facility provides sliding scale or other fees subsidized quality child care program for
children and youth.
Facility provides services to the elderly or infirm.
Facility provides services to persons with disabilities.
All other facilities that do not provide direct services to people but are a Qualified
Nonprofit Organization.
DEVELOPMENT FEE GRANT PROGRAM
3
02. ASSISTANCE
The Program will assist Qualified Nonprofit Organizations with
reimbursement grant for the cost of permits and utility fees, including
but not limited to:
• Building permit fees including plan review, building permits,
temporary power, and fence permits;
• Roadway Impact Fees; and
• Utility Fees including water and wastewater impact fees.
To be eligible the Single-Family Affordable Housing Unit or Nonprofit Facility must meet the
requirements of all applicable City Codes, Zoning, and related development regulations. In addition:
SINGLE-FAMILY AFFORDABLE HOUSING PROJECTS
The Affordable Housing unit must be a new single-family residential unit developed by a Qualified
Nonprofit Developer and/or a new or existing single-family residential unit qualifying for a housing
program supported by the City’s CDBG or HOME funds.
NONPROFIT FACILITY PROJECTS
The Qualified Nonprofit Organization building must be open to the public and providing housing or
supportive services to Denton residents inside the building.
03. AMOUNT
The total grant funds available for the Program shall be limited to an
amount set by City Council on an annual basis. All Program grants will be
approved or denied solely at the discretion of the City of Denton, subject
to the Program requirements and the availability of funds.
Each request will be considered on a case-by-case basis until grant funds
are expended.
SINGLE-FAMILY AFFORDABLE HOUSING PROJECTS
Qualified Nonprofit Developers of Affordable Housing units and eligible homeowners participating
in housing programs supported by the City’s Community Development Block Grant (“CDBG”) and
HOME Investment Partnership (“HOME”) funds may be eligible for a grant award for some or all of
the following fees up to a maximum per unit cost of $12,000 per unit.
NONPROFIT FACILITY PROJECTS
Qualified Nonprofit Organizations may be eligible for a grant award for some or all of the
development fees up to a maximum per project cost of $50,000.
DEVELOPMENT FEE GRANT PROGRAM
4
04. MONITORING AND COMPLIANCE
Once the grant is approved, to avoid repayment of fees, the project must
meet the minimum compliance requirements and the City reserves the
right to periodically monitor the Affordable Housing Unit or Public
Facility to ensure ongoing compliance during the 10-year compliance
period. The following sources of verification may be used:
• Income Verifications.
• Compliance with applicable City Municipal Codes and Ordinances.
• Title report search.
• Lien and ownership search in the applicable County Clerk’s Office
online records.
• Ownership verification in applicable tax office appraisal records.
• Scheduled Onsite Visit and/or Inspection.
05. LIMITATIONS
To ensure the program funds are dispersed equitably and are available
for a variety of projects, the following limits apply:
1. No grant applications will be accepted for work that has already been
started or completed, or for work that is covered by insurance.
2. Grants are awarded on a reimbursement basis once completed work
has been verified by City staff as compliant with the project proposed
in the approved application.
3. Homeowners will not be eligible for the Program if the homeowner
owes city ad valorem taxes or another city debt.
4. The Qualified Nonprofit Organization will not be eligible for the
Program if the entity owes city ad valorem taxes, other city debt, or
has code or other accessibility violations on any previous units,
facilities, or projects.
5. The project cannot be in partnership with a for profit entity.
6. Applicant cannot have any unexpended/open grant funds from any
other City grant for the same Affordable Housing or Public Facility
project.
AFFORDABLE HOUSING GEOGRAPHIC LIMITATIONS
The City of Denton seeks to encourage an equitable distribution of Affordable Housing in all parts of
Denton. Qualified Nonprofit Developer seeking the Development Fee Grant for an affordable housing
project must demonstrate it has made reasonable attempts to reduce the isolation of income groups
within a geographic area by expanding and dispersing affordable housing units throughout the City
Preference in the grant program will be given to projects that promote the spatial deconcentration of
affordable housing. Projects that do not promote an equitable distribution of Affordable Housing may
be eligible for the Program if the Qualified Nonprofit Developer demonstrates that there are limited
options for geographic deconcentration due to limited availability of affordable parcels of land, owner
choice for location of home, projects retain a property already affordable, etc.
DEVELOPMENT FEE GRANT PROGRAM
5
06. PROCESS
Qualified Nonprofit Organizations requesting to participate in the Program
must submit a completed Development Fee Grant Application and submit
it to the City of Denton. Applicants receiving the grant will be required to
enter into an agreement with the City of Denton that require the applicant
to comply with the Program Requirements.
The process is described in Part A, B. and C. next.
PART A. APPLICATION SUBMISSION REQUIREMENTS
An application for participation in the Program is available online or can be obtained from and returned
to Community Development, located at 601 E. Hickory, Suite B, and Denton, TX 76205. The application
must be completed in its entirety, signed, and submitted together as described. Application must be
provided to Community Development at least 2 weeks prior to application for applicable permits.
1. TO APPLY
(a) Complete the Application Packet including all required Attachments:
1) Documentation of incorporation and 501(c)(3) nonprofit status including Articles of
Incorporation, and letter from Secretary of State’s Office showing corporation
currently in good standing and any documentation from internal revenue service
showing tax exempt, non-profit status.
2) List of Board of Directors members and officers including contact information.
3) Project budget including a list of all financing sources. Include Copies of award letters
or other documentation of secured financing.
4) Project timeline including the date by which construction will be completed.
5) Estimates detailing the construction costs.
6) Site Plan with Building Elevations
7) Title search &/or Title Policy, Deed
8) Affordable Housing: also include unit price schedule and estimated sales price
(b) The fees eligible under the Program are:
1) Building Permit Fees:
Plan review;
Building permits;
Temporary power; and
Fence permits;
2) Roadway Impact Fees, when applicable; and
3) Utility Fees, including Water and Wastewater Impact Fees.
2. APPLICATION REVIEW PROCESS
(a) The Program grant approval will be based upon verification that the proposed project and
the applicant are eligible for the Program.
DEVELOPMENT FEE GRANT PROGRAM
6
1) Applications must be complete and contain all required information.
2) Applicant must be a Qualified Nonprofit Organization (PART B. DEFINITIONS).
3) Affordable Housing Unit (PART B. DEFINITIONS) must be an owner-occupied single
family residential home owned by or sold to an income qualified household.
4) Public Facility (PART B. DEFINITIONS) must be owned and operated by the Qualified
Nonprofit Organization or the Qualified Nonprofit Organization must have a long-term
lease agreement that extends beyond the 10-year compliance requirement.
5) Public Facility must be open to the public and have the primary purpose to serve
Denton residents with housing or human services.
6) Project cannot be in partnership with a for-profit entity.
7) All development projects must meet current City building standards and codes, as well
as building permit requirements. Project must be properly zoned and be situated
within the city limits of Denton.
8) The project will not be eligible for the Program if the homeowner owes city ad valorem
taxes or another city debt or the Qualified Nonprofit Organization if the entity owes
city ad valorem taxes, other city debt, or has code or other accessibility violations on
any previous units, facilities, or projects.
9) No grant applications will be accepted for work that has already been started or
completed, or for work that is covered by insurance.
10) Applicant cannot have any unexpended/open grant funds from any other City grant
for the same Affordable Housing or Public Facility project.
11) Project timeline should include the ability to commence construction within ninety
(90) days from the date the grant is approved and complete construction within
fifteen (15) months from the date the grant is approved.
(b) After review by City staff for compliance with the Program, an agreement will be prepared
by Community Development and presented to City Council for approval. The Denton City
Council has the final discretion regarding funding and reserves the right to modify or
reject any project or elements of any project.
(c) Upon approval of City Council, the City Manager will execute the agreement documents.
The applicants will receive the agreement and the Authorization Form as verification of
the grant award.
3. APPROVED APPLICATIONS
(a) The applicant is required to obtain all applicable City permits and City approvals required
for the construction if a grant is awarded.
(b) Applicants receiving approval shall commence construction described within the
application within ninety (90) days from the date the grant is awarded. All applicants must
complete the construction described in the application within fifteen (15) months from
the date the grant is approved.
1) If the applicant is unable to commence construction within ninety (90) days from the
date the grant is approved or complete construction within fifteen (15) months from
DEVELOPMENT FEE GRANT PROGRAM
7
the date the grant is approved, the applicant may submit a written request for an
extension for the commencement date or completion date provided the extension
request is made prior to the ninety (90) day or fifteen (15) month time limit.
2) The City shall not be obligated to allow extensions but may do so for good cause
determined solely by the entity that authorized the grant. The extensions, if granted,
shall be for the term and for the conditions determined exclusively by the entity that
authorized the grant. An extension denial cannot be appealed and shall be final.
4. DENIED APPLICATIONS
An applicant whose application has not been approved by the Denton City Council shall not
be eligible to re-submit a grant application for six (6) months from the date the prior
application was declined by the Denton City Council.
5. COMPLAINTS AND APPEALS
The Program has developed a complaint and appeals process, which can be provided to an
Applicant upon request.
6. REIMBURSEMENT
When the full development project or a portion of the project has been satisfactorily
completed and work inspected, the applicant shall present the Community Development
office with a copy of the Authorization Form and copies of all paid invoices, including copies
of cancelled checks and/or credit card receipts, for reimbursement of the funds up to the
maximum approved grant funding. In addition, the applicant must complete a City of Denton
Vendor Form and a Form 1099 to receive payment from the City. Vendor forms and 1099s
will be provided by the Community Development office.
7. INTERNAL TRANSFER
Upon request, program grant funds may also be transferred by Community Development to
the appropriate City department upon issuance of an Authorization Form. Community
Development staff will provide the Authorization Form to the Building Official identifying the
service addresses of the Affordable Housing unit or Public Facility selected to receive grant.
The Authorization Form approving the grant funding must be provided before the issuance of
a building permit authorizing the start of construction.
8. MONITORING/COMPLIANCE
Once the grant is approved, to avoid repayment of fees, the project must meet the minimum
requirements, including:
(a) As a condition of the grant, the applicant consents and shall allow City staff to request
City inspections to determine that the grant, if awarded, will not be used for construction
on any building that is not in compliance with the City Municipal Codes and Ordinances
that are applicable to the construction contemplated in the application.
DEVELOPMENT FEE GRANT PROGRAM
8
(b) Complete repair/renovation/construction within fifteen (15) months of the issuance of
the Authorization Form.
(c) Provide records and reports as requested by the City throughout the term of the
agreement.
(d) If the Single -Family Affordable Housing Unit or Nonprofit Facility does not comply with
the terms of the agreement, note, and deed of trust, the applicant is required to repay
the grant to the City.
(e) Single-Family Affordable Housing Units eligible for the program must meet the following
requirements:
1) The Affordable Housing unit must be a new single-family residential unit developed
by a Qualified Nonprofit Developer and/or a new or existing single-family residential
unit qualifying for a housing program supported by the City’s CDBG or HOME funds.
2) The Affordable Housing unit must meet the requirements of all applicable City Zoning,
Codes and other applicable regulations.
3) The price set for the Affordable Housing unit must meet affordability requirements as
defined in PART B. DEFINITIONS.
4) Owner must be an income qualified individual or household as defined in PART A.
DEFINITIONS
5) Homebuyer(s) and homeowner(s) must own and live in the affordable housing unit
for at least ten (10) years.
6) Provide prior to sale of newly constructed:
Verification of the homebuyer’s income eligibility and defined in PART C.
SELECTION OF PROPERTY OWNERS/SCREENING PROCESS;
Copy of new home contract indicating final cost of the single-family residential
unit and affordability period at least 10 years; and
Copy of Homebuyer’s Mortgage Commitment Letter.
Copy of Final Title search &/or Title Policy, Deed
(f) A Nonprofit Facility eligible for the program must meet the following requirements:
1) Provide supportive services to income eligible residents for a period of 10 years in the
assisted facility.
2) All housing, buildings and property must meet the requirements of all applicable City
Codes, Zoning, and development regulations.
(g) City reserves the right to periodically monitor the Single-Family Affordable Housing Unit
or Nonprofit Facility to determine if it was transferred, sold or no longer providing the
same services in the same location as when the reimbursement grant was provided. The
following sources of verification may be used:
Title report search
Lien and ownership search in the applicable County Clerk’s Office online
records
Ownership verification in applicable tax office appraisal records
Scheduled Onsite Visit and/or Inspection
DEVELOPMENT FEE GRANT PROGRAM
9
(h) If the assisted property is sold, transferred, or ownership interest in the property is conveyed
during the ten (10) year compliance period, the grant amount of assistance will become
immediately due and payable. To avoid repayment of fees:
1) If a Single-Family Affordable Housing Unit can be resold to an income eligible household,
repayment of fees will not be required. Income information for any new homeowners
that will occupy the assisted unit must be available for review by the Community
Development staff.
2) If the Nonprofit Facility is sold or transferred to another Qualified Nonprofit who will
be providing a service as described in Section 01. Nonprofit Facilities Priorities
repayment of fees will not be required.
PART B. DEFINITIONS
The following words, terms, phrases, when used in these Development Fee Grant Program Guidelines,
shall have the meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
A. Affordable Housing:
Affordable Housing means owner-occupied single family residential homes owned or sold to a
family that qualifies for the City of Denton CDBG and HOME housing assistance programs or has
a purchase price and an estimated appraised value at acquisition that does not exceed value
limits established and published annually by U.S. Department of Housing and Urban
Development in Section 92.254(a)(2)(iii) of the Final Rule of the HOME regulations, as amended.
B. Income Qualified Individuals and Families:
An individual or family whose annual income is less than eighty percent (80%) of the area median
income, with allowable adjustments, as determined and annually updated by U.S. Department
of Housing and Urban Development. Household income cannot exceed 80 percent of the Area
Median Income Limits, adjusted for family size.
C. Public Facility:
Buildings and property which are owned, leased for a period that extends beyond the grant’s 10-
year required compliance period and operated by a Qualified Nonprofit; or project funded by a
governmental body or public entity for the purpose of providing affordable housing or supportive
services to people in need of assistance.
D. Qualified Nonprofit:
1. A nonprofit organization that develops housing for income qualified individuals and families
as a primary activity to promote community-based revitalization of the municipality; or
2. A nonprofit corporation described by 26 U.S.C. Section 501(c)(3) that:
a. has been incorporated in this state of Texas for at least two years;
b. has a corporate purpose to develop affordable housing that is stated in its articles of
incorporation, by-laws, or charter;
c. has at least one-fourth of its board of directors residing in Denton; and
d. for a Qualified Nonprofit Developer, it must engage primarily in the building, repair, or
sale of housing for income qualified individuals and families.
DEVELOPMENT FEE GRANT PROGRAM
10
E. Single Family Residential:
A stand-alone single-unit family residence detached from other housing structures and does not
include a multi-family residential dwelling.
PART C. SELECTION OF OWNERS/SCREENING PROCESS FOR AFFORDABLE HOUSING PROJECTS
For all Affordable Housing projects, an income packet for participation must be submitted to Community
Development Division, located at 601 E. Hickory, Suite B, and Denton, TX 76205. The packet must be
completed in its entirety and submitted together with the following documentation:
1. Household Application Form
2. Social Security Card & Photo ID – a copy of SS card for each household member plus a copy
of a state issued photo ID or driver’s license for all household members 18 years and older
3. General Certification of Income ‐ to be completed by all household members 18 years and
older
4. Income Tax Return – Current Year – Signed copy with W‐2’s and attachments ‐ for each
member of household that filed a Tax Return.
• If self-employed a signed copy with W‐2s and attachments will be needed for most
current 3 years.
5. Did Not File an Income Tax ‐ to be completed by all household members 18 years and older
who did not file a Tax Return.
6. Paycheck Stubs for the last 4 Weeks ‐ for all household members 18 years and older
7. Verification of Employment – completed by each working household member 18 years and
older
8. Social Security Income Statement ‐ current year that states income received for each
individual and a signed Consent for Release of Information form by all household members
receiving Social Security Benefits.
9. Retirement/Pension Benefit Statement – that states current income received or a signed
Employment Retirement Request form by all household members receiving
retirement/pension benefits
10. Complete Bank Statements (Checking/Savings) for the last 2 Months for all household
members who have bank accounts, an explanation of all deposits is required, with
explanations dated and initialed by applicant.
11. Other Income Information ‐ for all household members who have any other type of income
ex: Child Support, Insurance Policies, Self-Employment, TANF, Stocks, Bonds, 401K, Annuity,
interest income, etc.
12. Additional items as reasonably requested by the City.
Current eligible income limits: https://www.huduser.gov/portal/datasets/il.html
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 20-631,Version:1
AGENDA CAPTION
Consider adoption of an ordinance approving a Pipeline Crossing Contract by and between the City of Denton
and the Kansas City Southern Railway Company, relating to the location of a City sewer pipeline within the
railroad right-of-way, located at the railroad’s intersection with Highland Park Road at Mile Post D103.02
Alliance Subdivision, within the County and City of Denton, Texas; authorizing the City Manager to execute
the Agreement; authorizing the expenditure of funds therefore; and providing an effective date.
City of Denton Printed on 3/27/2020Page 1 of 1
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City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Capital Projects
CM/ DCM/ ACM: Mario Canizares
DATE: March 31, 2020
SUBJECT
Consider adoption of an ordinance approving a pipeline crossing contract by and between the City of
Denton, and the Kansas City Southern Railway Company relating to the location of a City sewer pipeline
within the railroad right-of-way, located at the railroad’s intersection with Highland Park Road at Mile Post
D103.02 Alliance Subdivision, within the County and City of Denton, Texas; authorizing the City Manager
to execute the Agreement; authorizing the expenditure of funds therefore; and providing an effective date.
BACKGROUND
A Final Plat for the Courts of Bonnie Brae Development was filed for record at Denton County on May
24, 2018. The required public improvements associated with this Development include extending an 8-
inch public sewer main eastward along Highland Park Road, across the Kansas City Southern Railway
Company right-of-way, approximately 270 linear feet to connect to an existing main. As a component of
this project, it is necessary to seek formal authorization from the Kansas City Southern Railway Company
to cross their right-of-way with the sewer main.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
none
RECOMMENDATION
Staff recommends approval of the Ordinance.
PRINCIPAL PLACE OF BUSINESS
Kansas City Southern Railway Company
Kansas City, MO
ESTIMATED SCHEDULE OF PROJECT
The Developer has started construction on the overall subdivision development. They would like to
proceed with construction of this pipeline crossing as soon as possible after the agreement is fully
executed.
FISCAL INFORMATION
There is a one-time payment fee of $9,375.00 to Kansas City Southern Railway Company, which will be
paid by the Developer.
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Location Map
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
Exhibit 3: Site Map
Exhibit 4: Ordinance and Agreement
Respectfully submitted:
W. Todd Estes, P.E.
Director Capital Projects / City Engineer
Prepared by:
Jim Jenks, P.E.
Senior Engineer
Capital Projects
BONNIE BRAEWISTERIAROSELAWNI 35 WHIGHLAND PARKCORBIN
WILLOWWOOD
GLASGOWLAUREL
AZALEAPRIVATESOLAR JASMINEDONELLACAMELLIAG O O D S O NI-35W ServicePUBLIC ALLEYPERTH
GOLF
TREMONT
PEEBLES
LOCH NESS
WESTRIDGE
WILLOWCREST
ERSKINE
SKARA BRAEI 35 WPUBLIC ALLEYPUBLIC ALLEYBROWN BROTHERS LARKHALLFUTURE BONNIE BRAEFUTURE BONNIE BRAEPRIVATEB O NNIE B R A E
PRIVATELOCATION MAP
K
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S
R
R
SITE
!I 0 400200Feet
JASMINEHIGHLAND PARK CAMELLIAPUBLIC ALLEYGLASGOWPEEBLES
DONELLASKARA BRAE LARKHALLSITE MAP
K
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R
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PROPOSED SANITARYSEWER MAIN CROSSING
!I 0 10050Feet
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 20-632,Version:1
AGENDA CAPTION
Consider adoption of an ordinance approving a Pipeline Crossing Contract by and between the City of Denton
and the Kansas City Southern Railway Company relating to the location of a City water pipeline within the
railroad right-of-way, located at the railroad’s intersection with Highland Park Road at Mile Post D103.03
Alliance Subdivision, within the County and City of Denton, Texas; authorizing the City Manager to execute
the Agreement; authorizing the expenditure of funds therefore; and providing an effective date.
City of Denton Printed on 3/27/2020Page 1 of 1
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City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Capital Projects
CM/ DCM/ ACM: Mario Canizares
DATE: March 31, 2020
SUBJECT
Consider adoption of an ordinance approving a pipeline crossing contract by and between the City of Denton
and the Kansas City Southern Railway Company relating to the location of a City water pipeline within the
railroad right-of-way, located at the railroad’s intersection with Highland Park Road at Mile Post D103.03
Alliance Subdivision, within the County and City of Denton, Texas; authorizing the City Manager to
execute the Agreement; authorizing the expenditure of funds therefore; and providing an effective date.
BACKGROUND
A Final Plat for the Courts of Bonnie Brae Development was filed for record at Denton County on May
24, 2018. The required public improvements associated with this Development include extending an 8-
inch public water main eastward along Highland Park Road, across the Kansas City Southern Railway
Company right-of-way, approximately 300 linear feet to connect to an existing main. As a component of
this project, it is necessary to seek formal authorization from the Kansas City Southern Railway Company
to cross their right-of-way with the water main.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
none
RECOMMENDATION
Staff recommends approval of the Ordinance.
PRINCIPAL PLACE OF BUSINESS
Kansas City Southern Railway Company
Kansas City, MO
ESTIMATED SCHEDULE OF PROJECT
The Developer has started construction on the overall subdivision development. They would like to
proceed with construction of this pipeline crossing as soon as possible after the agreement is fully
executed.
FISCAL INFORMATION
There is a one-time payment fee of $9,375.00 to Kansas City Southern Railway Company, which will be
paid by the Developer.
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Location Map
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
Exhibit 3: Site Map
Exhibit 4: Ordinance and Agreement
Respectfully submitted:
W. Todd Estes, P.E.
Director Capital Projects / City Engineer
Prepared by:
Jim Jenks, P.E.
Senior Engineer
Capital Projects
BONNIE BRAEWISTERIAROSELAWNI 35 WHIGHLAND PARKCORBIN
WILLOWWOOD
GLASGOWLAUREL
AZALEAPRIVATESOLAR JASMINEDONELLACAMELLIAG O O D S O NI-35W ServicePUBLIC ALLEYPERTH
GOLF
TREMONT
PEEBLES
LOCH NESS
WESTRIDGE
WILLOWCREST
ERSKINE
SKARA BRAEI 35 WPUBLIC ALLEYPUBLIC ALLEYBROWN BROTHERS LARKHALLFUTURE BONNIE BRAEFUTURE BONNIE BRAEPRIVATEB O NNIE B R A E
PRIVATELOCATION MAP
K
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R
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SITE
!I 0 400200Feet
JASMINEHIGHLAND PARK CAMELLIAPUBLIC ALLEYGLASGOWPEEBLES
DONELLASKARA BRAE LARKHALLSITE MAP
K
C
S
R
R
PROPOSED WATERMAIN CROSSING
!I 0 10050Feet
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 20-679,Version:1
AGENDA CAPTION
Consider adoption of an ordinance of the City Of Denton,a Texas home-rule municipal corporation,
authorizing the City Manager to execute a Professional Services Agreement with Bridgefarmer &Associates,
Inc.,for construction administration services for the Bonnie Brae Street Phase II (Vintage)Improvement
Project as set forth in the contract;providing for the expenditure of funds therefor;and providing an effective
date (RFQ 6590-089 -Professional Services Agreement for construction services awarded to Bridgefarmer &
Associates, Inc., in the not-to-exceed amount of $98,696).
City of Denton Printed on 3/27/2020Page 1 of 1
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City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Procurement & Compliance
CFO: Antonio Puente, Jr.
DATE: March 31, 2020
SUBJECT
Consider adoption of an ordinance of the City Of Denton, a Texas home-rule municipal corporation,
authorizing the City Manager to execute a Professional Services Agreement with Bridgefarmer &
Associates, Inc., for construction administration services for the Bonnie Brae Street Phase II (Vintage)
Improvement Project as set forth in the contract; providing for the expenditure of funds therefor; and
providing an effective date (RFQ 6590-089 – Professional Services Agreement for construction services
awarded to Bridgefarmer & Associates, Inc., in the not-to-exceed amount of $98,696).
INFORMATION /BACKGROUND
Phase II is part of the South Bonnie Brae Road Widening and Improvement Project and consists of the
construction of a four-lane divided concrete roadway including a storm drain system, five (5)-foot
sidewalks, and 10-foot mixed-use path. This phase was awarded to Pavecon Public Works on November
21, 2019 for construction. A notice to proceed was given to start construction on the project January 6,
2020. Bridgefarmer & Associates, Inc. will provide construction administration services, consult with the
City during construction, answer RFI’s, review submittals, shop drawings, and provide inspection services
at the City request.
Request for Qualifications for professional engineering services was solicited using the City’s formal
solicitation process. City Council approved a pre-qualified list of engineering firms on March 6, 2018 and
June 5, 2018 (Ordinance 2018-331).
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On March 6, 2018, and June 5, 2018, Council approved RFQ 6590 for a prequalified list of professional
engineering firms (Ordinance 2018-331).
On November 21, 2019 Council awarded a contract to Pavecon Public Works, LP for construction in the
amount of $11,638,323 (Ordinance 19-2728).
RECOMMENDATION
Award a contract with Bridgefarmer & Associates, Inc. for construction administration services for the
Bonnie Brae Street Phase II (Vintage) Improvement Project, in a not-to-exceed amount of $98,696.
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
PRINCIPAL PLACE OF BUSINESS
Bridgefarmer & Associates, Inc.
Dallas, TX
ESTIMATED SCHEDULE OF PROJECT
This project will be started upon approval with a completion date within 450 calendar days.
FISCAL INFORMATION
These services will be funded from Bonnie Brae Street - Phase 2 account 350288402.1360.40100.
Requisition #145477 has been entered into the Purchasing software system in the amount of $98,696. The
budgeted amount for this item is $98,696.
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Ordinance and Contract
Respectfully submitted:
Lori Hewell, 940-349-7100
Purchasing Manager
For information concerning this acquisition, contact: Seth Garcia 940-349-8938.
Legal point of contact: Mack Reinwand at 940-349-8333.
ORDINANCE NO. _____ _
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL
CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH BRIDGEFARMER & ASSOCIATES, INC., FOR
CONSTRUCTION ADMINISTRATION SERVICES FOR THE BONNIE BRAE STREET PHASE
II (VINTAGE) IMPROVEMENT PROJECT AS SET FORTH IN THE CONTRACT; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE
(RFQ 6590-089 -PROFESSIONAL SERVICES AGREEMENT FOR CONSTRUCTION
SERVICES AWARDED TO BRIDGEFARMER & ASSOCIATES, INC., IN THE NOT-TO-
EXCEED AMOUNT OF $98,696).
WHEREAS, on March 6, 2018, and June 5, 2018, the City Council approved a pre-qualified
engineer list (Ordinance 2018-3 31 ), and the professional services provider (the "Provider'') mentioned
in this ordinance is being selected as the most highly qualified on the basis of its demonstrated
competence and qualifications to perform the proposed professional services; and
WHEREAS, the fees under the proposed contract are fair and reasonable and are consistent
with, and not higher than the recommended practices and fees published by the professional
associations applicable to the Provider's profession, and such fees do not exceed the maximum
provided by law; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager is hereby authorized to enter into an agreement with
Bridgefarmer & Associates Inc., to provide professional engineering services for the City ofDenton, a
copy of which is attached hereto and incorporated by reference herein.
SECTION 2. The City Manager is authorized to expend funds as required by the attached
contract.
SECT! ON 3. The City Council of the City of Denton, hereby expressly delegates the authority
to take any actions that may be required or permitted to be performed by the City of Denton under
this ordinance to the City Manager of the City ofDenton, or his designee.
SECTION 4. The findings in the preamble of this ordinance are incorporated herein by
reference.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by and seconded
by the ordinance was passed and approved by the following
vote L_-__]:
Aye Nay Abstain Absent
Mayor Chris Watts:
Gerard Hudspeth, District 1:
Keely G. Briggs, District 2:
Jesse Davis, District 3:
John Ryan, District 4:
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED this the ___ day of __________ , 2020.
CHRIS WATTS, MAYOR
ATTEST:
ROSARIOS, CITY SECRETARY
BY: ---------------------------
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNE/l
BY h?L14~~wJ
Docusign City Council Transmittal Coversheet
File Name
Purchasing Contact
City Council Target Date
Piggy Back Option
Contract Expiration
Ordinance
DocuSign Envelope ID: FA2398B7-3B30-480E-9B60-570A71B2983C
6590-089
Laura Hermosillo
Not Applicable
FILE
Construction Administration Services
for Bonnie Brae Street Phase II
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 1 of 17
CITY OF DENTON, TEXAS
STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL
SERVICES
This AGREEMENT is between the City of Denton, a Texas home-rule municipality
("CITY"), and Bridgefarmer & Associates, Inc., with its corporate office at 2350 Valley View
Lane, Suite 100, Dallas, TX 75234 and authorized to do business in Texas,
("ENGINEER"), for a PROJECT generally described as: Construction Administration
Services for Bonnie Brae Street – Phase 2 (the "PROJECT").
SECTION 1
Scope of Services
A. The CITY hereby agrees to retain the ENGINEER, and the ENGINEER hereby agrees
to perform, professional engineering services set forth in the Scope of Services
attached hereto as Attachment A. These services shall be performed in connection
with the PROJECT.
B. Additional services, if any, will be requested in writing by the CITY. CITY shall not
pay for any work performed by ENGINEER or its consultants, subcontractors and/or
suppliers that has not been ordered in advance and in writing. It is specifically
agreed that ENGINEER shall not be compensated for any additional work resulting
from oral orders of any person.
SECTION 2
Compensation and Term of Agreement
A. The ENGINEER shall be compensated for all services provided pursuant to this
AGREEMENT in an amount not to exceed $98,696 in the manner and in accordance
with the fee schedule as set forth in Attachment B. Payment shall be considered full
compensation for all labor, materials, supplies, and equipment necessary to
complete the services described in Attachment A.
B. Unless otherwise terminated pursuant to Section 6. D. herein, this AGREEMENT shall
be for a term beginning upon the effective date, as described below, and shall continue
for a period which may reasonably be required for the completion of the PROJECT,
until the expiration of the funds, or completion of the PROJECT and acceptance by the
CITY, whichever occurs first. ENGINEER shall proceed diligently with the PROJECT to
completion as described in the PROJECT schedule as set forth in Attachment A.
SECTION 3
Terms of Payment
Payments to the ENGINEER will be made as follows:
DocuSign Envelope ID: FA2398B7-3B30-480E-9B60-570A71B2983C
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 2 of 17
A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation, including but not
limited to meeting the requirements set forth in the PROJECT schedule as set
forth in Attachment A to reasonably substantiate the invoices.
(2) The ENGINEER will issue monthly invoices for all work performed under this
AGREEMENT. Invoices for the uncontested performance of the particular
services are due and payable within 30 days of receipt by City.
(3) Upon completion of services enumerated in Section 1, the final payment of any
balance for the uncontested performance of the services will be due within 30
days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that portion so contested will
be withheld from payment, and the undisputed portion will be paid. The CITY
will exercise reasonableness in contesting any bill or portion thereof. No
interest will accrue on any contested portion of the billing until mutually resolved.
(5) If the CITY fails to make payment in full to ENGINEER for billings contested in
good faith within 60 days of the amount due, the ENGINEER may, after giving 7
days' written notice to CITY, suspend services under this AGREEMENT until
paid in full. In the event of suspension of services, the ENGINEER shall have
no liability to CITY for delays or damages caused the CITY because of such
suspension of services.
SECTION 4
Obligations of the Engineer
Amendments to Section 4, if any, are included in Attachment A.
A. General
The ENGINEER will serve as the CITY's professional engineering representative under
this AGREEMENT, providing professional engineering consultation and advice and
furnishing customary services incidental thereto.
B. Standard of Care
The ENGINEER shall perform its services:
(1) with the professional skill and care ordinarily provided by competent engineers
practicing in the same or similar locality and under the same or similar
circumstances and professional license; and
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City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
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(2) as expeditiously as is prudent considering the ordinary professional skill and
care of a competent engineer.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering work to be
performed hereunder. The ENGINEER shall also advise the CITY concerning
the results of same. Such surveys, tests, and investigations shall be furnished
by the CITY, unless otherwise specified in Attachment A.
(2) In soils, foundation, groundwater, and other subsurface investigations, the
actual characteristics may vary significantly between successive test points and
sample intervals and at locations other than where observations, exploration,
and investigations have been made. Because of the inherent uncertainties in
subsurface evaluations, changed or unanticipated underground conditions may
occur that could affect the total PROJECT cost and/or execution. These
conditions and cost/execution effects are not the responsibility of the
ENGINEER.
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in ink on
reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by
CITY, which shall become the property of the CITY. CITY may use such drawings in any
manner it desires; provided, however, that the ENGINEER shall not be liable for the use of
such drawings for any project other than the PROJECT described herein.
E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction site,
whether as on-site representatives or otherwise, do not make the ENGINEER or
its personnel in any way responsible for those duties that belong to the CITY
and/or the CITY's construction contractors or other entities, and do not relieve
the construction contractors or any other entity of their obligations, duties, and
responsibilities, including, but not limited to, all construction methods, means,
techniques, sequences, and procedures necessary for coordinating and
completing all portions of the construction work in accordance with the
AGREEMENT Documents and any health or safety precautions required by
such construction work. The ENGINEER and its personnel have no authority to
exercise any control over any construction contractor or other entity or their
employees in connection with their work or any health or safety precautions.
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City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
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(2) Except to the extent of specific site visits expressly detailed and set forth in
Attachment A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the progress
or quality of the completed work on the PROJECT or to determine, in general, if
the work on the PROJECT is being performed in a manner indicating that the
PROJECT, when completed, will be in accordance with the AGREEMENT
Documents, nor shall anything in the AGREEMENT Documents or this
AGREEMENT between CITY and ENGINEER be construed as requiring
ENGINEER to make exhaustive or continuous on-site inspections to discover
latent defects in the work or otherwise check the quality or quantity of the work
on the PROJECT. If the ENGINEER makes on-site observation(s) of a
deviation from the AGREEMENT Documents, the ENGINEER shall inform the
CITY.
(3) When professional certification of performance or characteristics of materials,
systems or equipment is reasonably required to perform the services set forth in
the Scope of Services, the ENGINEER shall be entitled to rely upon such
certification to establish materials, systems or equipment and performance
criteria to be required in the AGREEMENT Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the current
available information at the time of preparation, in accordance with
Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility projections,
and schedules for the PROJECT, the ENGINEER has no control over cost or
price of labor and materials; unknown or latent conditions of existing equipment
or structures that may affect operation or maintenance costs; competitive
bidding procedures and market conditions; time or quality of performance by
third parties; quality, type, management, or direction of operating personnel; and
other economic and operational factors that may materially affect the ultimate
PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty
that the CITY's actual PROJECT costs, financial aspects, economic feasibility,
or schedules will not vary from the ENGINEER's opinions, analyses, projections,
or estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction progress
payments to the construction contractor will be based on the ENGINEER's knowledge,
information, and belief from selective sampling and observation that the work has
progressed to the point indicated. Such recommendations do not represent that
continuous or detailed examinations have been made by the ENGINEER to ascertain that
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City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
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the construction contractor has completed the work in exact accordance with the
AGREEMENT Documents; that the final work will be acceptable in all respects; that the
ENGINEER has made an examination to ascertain how or for what purpose the
construction contractor has used the moneys paid; that title to any of the work, materials,
or equipment has passed to the CITY free and clear of liens, claims, security interests, or
encumbrances; or that there are not other matters at issue between the CITY and the
construction contractor that affect the amount that should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of information compiled
and furnished by others, and may not always represent the exact location, type of various
components, or exact manner in which the PROJECT was finally constructed. The
ENGINEER is not responsible for any errors or omissions in the information from others
that is incorporated into the record drawings.
I. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after
final payment under this AGREEMENT, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers and
records of the ENGINEER involving transactions relating to this AGREEMENT.
ENGINEER agrees that the CITY shall have access during normal working
hours to all necessary ENGINEER facilities and shall be provided adequate and
appropriate work space in order to conduct audits in compliance with the
provisions of this section. The CITY shall give ENGINEER reasonable advance
notice of intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the CITY
shall, until the expiration of five (5) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such subconsultant,
involving transactions to the subcontract, and further, that the CITY shall have
access during normal working hours to all subconsultant facilities, and shall be
provided adequate and appropriate work space, in order to conduct audits in
compliance with the provisions of this section together with subsection (3)
hereof. CITY shall give subconsultant reasonable advance notice of intended
audits.
(3) ENGINEER and subconsultant agree to photocopy such documents as may be
requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost
of copies at the rate published in the Texas Administrative Code in effect as of
the time copying is performed.
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City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
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J. INSURANCE
(1) ENGINEER’S INSURANCE
a. Commercial General Liability – the ENGINEER shall maintain
commercial general liability (CGL) and, if necessary, commercial
umbrella insurance with a limit of not less than $1,000,000.00 per each
occurrence with a $2,000,000.00 aggregate. If such Commercial General
Liability insurance contains a general aggregate limit, it shall apply
separately to this PROJECT or location.
i. The CITY shall be included as an additional insured with all rights
of defense under the CGL, using ISO additional insured
endorsement or a substitute providing equivalent coverage, and
under the commercial umbrella, if any. This insurance shall apply
as primary insurance with respect to any other insurance or self-
insurance programs afforded to the CITY. The Commercial
General Liability insurance policy shall have no exclusions or
endorsements that would alter or nullify: premises/operations,
products/completed operations, contractual, personal injury, or
advertising injury, which are normally contained within the policy,
unless the CITY specifically approves such exclusions in writing.
ii. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the commercial general
liability or commercial umbrella liability insurance maintained in
accordance with this AGREEMENT.
b. Business Auto – the ENGINEER shall maintain business auto liability
and, if necessary, commercial umbrella liability insurance with a limit of
not less than $1,000,000 each accident. Such insurance shall cover
liability arising out of “any auto”, including owned, hired, and non-owned
autos, when said vehicle is used in the course of the PROJECT. If the
engineer owns no vehicles, coverage for hired or non-owned is
acceptable.
i. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the business auto liability or
commercial umbrella liability insurance obtained by ENGINEER
pursuant to this AGREEMENT or under any applicable auto
physical damage coverage.
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City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
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c. Workers’ Compensation – ENGINEER shall maintain workers
compensation and employers liability insurance and, if necessary,
commercial umbrella liability insurance with a limit of not less than
$100,000.00 each accident for bodily injury by accident or $100,000.00
each employee for bodily injury by disease, with $500,000.00 policy limit.
i. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by workers compensation and
employer’s liability or commercial umbrella insurance obtained by
ENGINEER pursuant to this AGREEMENT.
d. Professional Liability – ENGINEER shall maintain professional liability, a
claims-made policy, with a minimum of $1,000,000.00 per claim and
aggregate. The policy shall contain a retroactive date prior to the date of
the AGREEMENT or the first date of services to be performed,
whichever is earlier. Coverage shall be maintained for a period of 5 years
following the completion of the AGREEMENT. An annual certificate of
insurance specifically referencing this PROJECT shall be submitted to
the CITY for each year following completion of the AGREEMENT.
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be attached to this AGREEMENT prior to its
execution.
b. Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, subject to any defense provided by the policy, as its
interests may appear. The term CITY shall include its employees,
officers, officials, agents, and volunteers as respects the contracted
services.
c. Certificate(s) of insurance shall document that insurance coverage
specified in this AGREEMENT are provided under applicable policies
documented thereon.
d. Any failure on part of the CITY to attach the required insurance
documentation hereto shall not constitute a waiver of the insurance
requirements.
e. A minimum of thirty (30) days notice of cancellation or material change in
coverage shall be provided to the CITY. A ten (10) days notice shall be
acceptable in the event of non-payment of premium. Notice shall be sent
to the respective Department Director (by name), City of Denton, 901
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Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
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Texas Street, Denton, Texas 76209.
f. Insurers for all policies must be authorized to do business in the State of
Texas and have a minimum rating of A:V or greater, in the current A.M.
Best Key Rating Guide or have reasonably equivalent financial strength
and solvency to the satisfaction of Risk Management.
g. Any deductible or self insured retention in excess of $25,000.00 that
would change or alter the requirements herein is subject to approval by
the CITY in writing, if coverage is not provided on a first-dollar basis. The
CITY, at it sole discretion, may consent to alternative coverage
maintained through insurance pools or risk retention groups. Dedicated
financial resources or letters of credit may also be acceptable to the
CITY.
h. Applicable policies shall each be endorsed with a waiver of subrogation
in favor of the CITY as respects the PROJECT.
i. The CITY shall be entitled, upon its request and without incurring
expense, to review the ENGINEER's insurance policies including
endorsements thereto and, at the CITY's discretion; the ENGINEER may
be required to provide proof of insurance premium payments.
j. Lines of coverage, other than Professional Liability, underwritten on a
claims-made basis, shall contain a retroactive date coincident with or
prior to the date of the AGREEMENT. The certificate of insurance shall
state both the retroactive date and that the coverage is claims-made.
k. Coverages, whether written on an occurrence or claims-made basis,
shall be maintained without interruption nor restrictive modification or
changes from date of commencement of the PROJECT until final
payment and termination of any coverage required to be maintained after
final payments.
l. The CITY shall not be responsible for the direct payment of any
insurance premiums required by this AGREEMENT.
m. Sub consultants and subcontractors to/of the ENGINEER shall be
required by the ENGINEER to maintain the same or reasonably
equivalent insurance coverage as required for the ENGINEER. When
sub consultants/subcontractors maintain insurance coverage,
ENGINEER shall provide CITY with documentation thereof on a
certificate of insurance.
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Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 9 of 17
K. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant and not as a
subcontractor, agent, or employee of the CITY. The doctrine of respondeat superior
shall not apply.
L. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of
any existing conflicts of interest or potential conflicts of interest, including personal financial
interest, direct or indirect, in property abutting the proposed PROJECT and business
relationships with abutting property cities. The ENGINEER further acknowledges that it will
make disclosure in writing of any conflicts of interest that develop subsequent to the
signing of this AGREEMENT and prior to final payment under the AGREEMENT.
M. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or suspected,
the ENGINEER will stop its own work in the affected portions of the PROJECT
to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the CITY may
request the ENGINEER to assist in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
N. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published design
criteria and/or current engineering practice standards which the ENGINEER should have
been aware of at the time this AGREEMENT was executed, the ENGINEER shall revise
plans and specifications, as required, at its own cost and expense. However, if design
changes are required due to the changes in the permitting authorities' published design
criteria and/or practice standards criteria which are published after the date of this
AGREEMENT which the ENGINEER could not have been reasonably aware of, the
ENGINEER shall notify the CITY of such changes and an adjustment in compensation will
be made through an amendment to this AGREEMENT.
O. Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule developed per
Attachment A to this AGREEMENT.
P. Equal Opportunity
(1) Equal Employment Opportunity: ENGINEER and ENGINEER’s agents
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shall engage in any discriminatory employment practice. No person shall, on
the grounds of race, sex, sexual orientation, age, disability, creed, color, genetic
testing, or national origin, be refused the benefits of, or be otherwise subjected
to discrimination under any activities resulting from this AGREEMENT.
(2) Americans with Disabilities Act (ADA) Compliance: ENGINEER and
ENGINEER’s agents shall not engage in any discriminatory employment
practice against individuals with disabilities as defined in the ADA.
SECTION 5
Obligations of the City
Amendments to Section 5, if any, are included in Attachment A.
A. City-Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of the information
provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for the
ENGINEER's performance of its services. The CITY will perform, at no cost to the
ENGINEER, such tests of equipment, machinery, pipelines, and other components of the
CITY's facilities as may be required in connection with the ENGINEER's services. The
CITY will be responsible for all acts of the CITY's personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and
pay for all advertisements for bids; permits and licenses required by local, state, or federal
authorities; and land, easements, rights-of-way, and access necessary for the
ENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney, insurance
counselor, accountant, auditor, bond and financial advisors, and other consultants as the
CITY deems appropriate; and render in writing decisions required by the CITY in a timely
manner in accordance with the PROJECT schedule prepared in accordance with
Attachment A.
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Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
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E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY observes or
becomes aware of any development that affects the scope or timing of the ENGINEER's
services or of any defect in the work of the ENGINEER or construction contractors.
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos containing
materials, or conditions, and that ENGINEER had no prior role in the
generation, treatment, storage, or disposition of such materials. In
consideration of the associated risks that may give rise to claims by third
parties or employees of City, City hereby releases ENGINEER from any
damage or liability related to the presence of such materials.
(2) The release required above shall not apply in the event the discharge, release
or escape of hazardous substances, contaminants, or asbestos is a result of
ENGINEER’s negligence or if ENGINEER brings such hazardous substance,
contaminant or asbestos onto the PROJECT.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of Article IV.E.
regarding the ENGINEER's Personnel at Construction Site, and provisions providing for
contractor indemnification of the CITY and the ENGINEER for contractor's negligence.
H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain no
direct action against the ENGINEER, its officers, employees, and
subcontractors, for any claim arising out of, in connection with, or
resulting from the engineering services performed. Only the CITY
will be the beneficiary of any undertaking by the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third-party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall
have no third-party beneficiary rights under this AGREEMENT.
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Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
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(4) Nothing contained in this Section H. shall be construed as a waiver of any right
the CITY has to bring a claim against ENGINEER.
I. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing structures
associated with the PROJECT.
(2) The CITY may secure Builders Risk/Installation insurance at the replacement
cost value of the PROJECT. The CITY may provide ENGINEER a copy of the
policy or documentation of such on a certificate of insurance.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required or requested
assistance to support, prepare, document, bring, defend, or assist in litigation undertaken
or defended by the CITY. In the event CITY requests such services of the ENGINEER, this
AGREEMENT shall be amended or a separate agreement will be negotiated between the
parties.
K. Changes
The CITY may make or approve changes within the general Scope of Services in this
AGREEMENT. If such changes affect the ENGINEER's cost of or time required for
performance of the services, an equitable adjustment will be made through an amendment
to this AGREEMENT with appropriate CITY approval.
SECTION 6
General Legal Provisions
Amendments to Section 6, if any, are included in Attachment A.
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a
written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of the
ENGINEER, whether in hard copy or in electronic form, are instruments of service for this
PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by
the CITY or by others acting through or on behalf of the CITY of any such instruments of
service without the written permission of the ENGINEER will be at the CITY's sole risk.
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Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
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The CITY shall own the final designs, drawings, specifications and documents.
C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance caused by acts of
God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER
that prevent ENGINEER’s performance of its obligations hereunder.
D. Termination
(1) This AGREEMENT may be terminated:
a. by the City for its convenience upon 30 days' written notice to
ENGINEER.
b. by either the CITY or the ENGINEER for cause if either party fails
substantially to perform through no fault of the other and the
nonperforming party does not commence correction of such
nonperformance within 5 days’ written notice or thereafter fails to
diligently complete the correction.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a. Cost of reproduction of partial or complete studies, plans, specifications
or other forms of ENGINEER'S work product;
b. Out-of-pocket expenses for purchasing electronic data files and other
data storage supplies or services;
c. The time requirements for the ENGINEER'S personnel to document the
work underway at the time of the CITY'S termination for convenience so
that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will submit to the
CITY an itemized statement of all termination expenses. The CITY'S approval
will be obtained in writing prior to proceeding with termination services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for the
convenience of the CITY. In the event of such suspension, delay, or interruption, an
equitable adjustment in the PROJECT's schedule, commitment and cost of the
ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be
made.
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City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
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F. Indemnification
IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE SECTION 271.904,
THE ENGINEER SHALL INDEMNIFY OR HOLD HARMLESS THE CITY AGAINST
LIABILITY FOR ANY DAMAGE COMMITTED BY THE ENGINEER OR ENGINEER’S
AGENT, CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICH
THE ENGINEER EXERCISES CONTROL TO THE EXTENT THAT THE DAMAGE IS
CAUSED BY OR RESULTING FROM AN ACT OF NEGLIGENCE, INTENTIONAL
TORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY A
SUBCONTRACTOR OR SUPPLIER. CITY IS ENTITLED TO RECOVER ITS
REASONABLE ATTORNEY’S FEES IN PROPORTION TO THE ENGINEER’S
LIABILITY.
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior written
consent of the other party.
H. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims related to it. The venue for any
litigation related to this AGREEMENT shall be Denton County, Texas.
I. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason to be
invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability
will not affect any other provision, and this AGREEMENT shall be construed as if such
invalid, illegal, or unenforceable provision had never been contained herein. Sections 5.F.,
6.B., 6.D., 6.F., 6.H., and 6.I. shall survive termination of this AGREEMENT for any cause.
J. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State laws and
regulations and with all City ordinances and regulations which in any way affect this
AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws
ordinances and regulations which may exist or may be enacted later by governing bodies
having jurisdiction or authority for such enactment. No plea of misunderstanding or
ignorance thereof shall be considered. ENGINEER AGREES TO DEFEND, INDEMNIFY
AND HOLD HARMLESS CITY AND ALL OF ITS OFFICERS, AGENTS AND
EMPLOYEES FROM AND AGAINST ALL CLAIMS OR LIABILITY ARISING OUT OF
THE VIOLATION OF ANY SUCH ORDER, LAW, ORDINANCE, OR REGULATION,
WHETHER IT BE BY ITSELF OR ITS EMPLOYEES.
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Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
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K. Immigration Nationality Act
ENGINEER shall verify the identity and employment eligibility of its employees who
perform work under this AGREEMENT, including completing the Employment Eligibility
Verification Form (I-9). Upon request by CITY, ENGINEER shall provide CITY with
copies of all I-9 forms and supporting eligibility documentation for each employee who
performs work under this AGREEMENT. ENGINEER shall adhere to all Federal and
State laws as well as establish appropriate procedures and controls so that no services
will be performed by any ENGINEER employee who is not legally eligible to perform
such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS
FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS
PARAGRAPH BY ENGINEER, ENGINEER’S EMPLOYEES, SUBCONTRACTORS,
AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the
right to immediately terminate this AGREEMENT for violations of this provision by
ENGINEER.
L. Prohibition On Contracts With Companies Boycotting Israel
ENGINEER acknowledges that in accordance with Chapter 2270 of the Texas
Government Code, CITY is prohibited from entering into a contract with a company for
goods or services unless the contract contains a written verification from the company
that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the
contract. The terms “boycott Israel” and “company” shall have the meanings ascribed to
those terms in Section 808.001 of the Texas Government Code. By signing this
AGREEMENT, ENGINEER certifies that ENGINEER’S signature provides written
verification to the CITY that ENGINEER: (1) does not boycott Israel; and (2) will
not boycott Israel during the term of the AGREEMENT. Failure to meet or maintain
the requirements under this provision will be considered a material breach.
M. Prohibition On Contracts With Companies Doing Business with Iran, Sudan, or
a Foreign Terrorist Organization
Section 2252 of the Texas Government Code restricts CITY from contracting with
companies that do business with Iran, Sudan, or a foreign terrorist organization. By
signing this AGREEMENT, ENGINEER certifies that ENGINEER’S signature
provides written verification to the CITY that ENGINEER, pursuant to Chapter
2252, is not ineligible to enter into this AGREEMENT and will not become
ineligible to receive payments under this AGREEMENT by doing business with
Iran, Sudan, or a foreign terrorist organization. Failure to meet or maintain the
requirements under this provision will be considered a material breach.
N. 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
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Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
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unless the Contractor submits a disclosure of interested parties (Form 1295) to the City
at the time the Contractor submits the signed contract. The Texas Ethics Commission
has adopted rules requiring the business entity to file Form 1295 electronically with the
Commission.
Contractor will be required to furnish a Certificate of Interest Parties before the contract
is awarded, in accordance with Government Code 2252.908.
The contractor shall:
1. Log onto the State Ethics Commission Website at :
https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm
2. Register utilizing the tutorial provided by the State
3. Print a copy of the completed Form 1295
4. Enter the Certificate Number on page 2 of this contract.
5. Complete and sign the Form 1295
6. Email the form to purchasing@cityofdenton.com with the contract number in the
subject line. (EX: Contract 1234 – Form 1295)
The City must acknowledge the receipt of the filed Form 1295 not later than the 30th
day after Council award. Once a Form 1295 is acknowledged, it will be posted to the
Texas Ethics Commission’s website within seven business days.
O. 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 as defined in the City’s Ethic Ordinance 18-757 and in the
City Charter chapter 2 article XI(Ethics). Any willful violation of this section shall
constitute impropriety in office, and any officer or employee guilty thereof shall be
subject to disciplinary action up to and including dismissal. Any violation of this
provision, with the knowledge, expressed or implied, of the Contractor shall render the
Contract voidable by the City. The Contractor shall complete and submit the City’s
Conflict of Interest Questionnaire.
P. Agreement Documents
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, which supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties. This AGREEMENT may be
executed in one or more counterparts and each counterpart shall, for all purposes, be
deemed an original, but all such counterparts shall together constitute but one and the
same instrument. The following attachments and schedules are hereby made a part of
this AGREEMENT:
DocuSign Envelope ID: FA2398B7-3B30-480E-9B60-570A71B2983C
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 17 of 17
Attachment A - Scope of Services
Attachment B - Compensation
These documents make up the AGREEMENT 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 AGREEMENT documents, the inconsistency or conflict shall
be resolved by giving precedence first to the written AGREEMENT then to the
AGREEMENT documents in the order in which they are listed above.
Duly executed by each party’s designated representative to be effective on the date
subscribed by the City Manager.
BY:
CITY OF DENTON, TEXAS
BY:
ENGINEER
City Manager
Date:__________________
Bridgefarmer & Associates, Inc.
M. Mansoor Ahsan, P.E.
Chief Executive Officer
Date:____________________________
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
By:
ATTEST:
ROSA RIOS, CITY SECRETARY
By:______________________________
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
_________________________
Signature
_________________________
Title
_________________________
Department
Date Signed: ______________
_______________________________
TEXAS ETHICS COMMISSION
CERTIFICATE NUMBER
DocuSign Envelope ID: FA2398B7-3B30-480E-9B60-570A71B2983C
02-05-2020
2/25/2020
2/12/2020
City Engineer
Capital Projects
Attachment A
DocuSign Envelope ID: FA2398B7-3B30-480E-9B60-570A71B2983C
DocuSign Envelope ID: FA2398B7-3B30-480E-9B60-570A71B2983C
DocuSign Envelope ID: FA2398B7-3B30-480E-9B60-570A71B2983C
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.
1 Name of vendor who has a business relationship with local governmental entity.
2
Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th 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
DocuSign Envelope ID: FA2398B7-3B30-480E-9B60-570A71B2983C
Bridgefarmer & Associates, Inc.
1
2/25/2020
X
X
X
Mansoor Ahsan
No relationship with the local government officers
X
Certificate Of Completion
Envelope Id: FA2398B73B30480E9B60570A71B2983C Status: Sent
Subject: Please DocuSign: City Council Contract 6590-089 - Construction admin. services for Bonnie Brae St II
Source Envelope:
Document Pages: 22 Signatures: 4 Envelope Originator:
Certificate Pages: 7 Initials: 1 Laura Hermosillo
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
laura.hermosillo@cityofdenton.com
IP Address: 129.120.6.150
Record Tracking
Status: Original
1/29/2020 3:04:55 PM
Holder: Laura Hermosillo
laura.hermosillo@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Laura Hermosillo
laura.hermosillo@cityofdenton.com
Senior Buyer
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 129.120.6.150
Sent: 1/29/2020 3:18:01 PM
Viewed: 1/29/2020 3:18:11 PM
Signed: 1/29/2020 3:18:13 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 129.120.6.150
Sent: 1/29/2020 3:18:15 PM
Viewed: 1/29/2020 5:07:48 PM
Signed: 1/29/2020 5:08:24 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Mack Reinwand
mack.reinwand@cityofdenton.com
City of Denton
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 129.120.6.150
Sent: 1/29/2020 5:08:26 PM
Viewed: 2/3/2020 7:38:15 PM
Signed: 2/3/2020 7:39:50 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Mansoor Ahsan
ahsan@bridgefarmer.com
Chief Executive Officer
Bridgefarmer & Associates, Inc.
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 74.203.164.130
Sent: 2/3/2020 8:34:22 PM
Viewed: 2/4/2020 8:48:48 AM
Signed: 2/5/2020 8:29:54 AM
Electronic Record and Signature Disclosure:
Accepted: 2/4/2020 8:48:48 AM
ID: 1de3eaab-3b1d-43df-983c-e1035a122db5
Signer Events Signature Timestamp
Mansoor Ahsan
ahsan@bridgefarmer.com
Chief Executive Officer
Bridgefarmer & Associates, Inc.
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 50.84.190.42
Sent: 2/3/2020 7:39:53 PM
Resent: 2/3/2020 8:34:23 PM
Resent: 2/10/2020 9:35:59 AM
Resent: 2/11/2020 10:47:51 AM
Resent: 2/12/2020 12:36:46 PM
Resent: 2/14/2020 4:33:57 PM
Resent: 2/14/2020 4:51:04 PM
Resent: 2/25/2020 2:36:05 PM
Resent: 2/25/2020 2:38:02 PM
Viewed: 2/25/2020 3:44:36 PM
Signed: 2/25/2020 3:50:08 PM
Electronic Record and Signature Disclosure:
Accepted: 2/25/2020 3:44:36 PM
ID: 3a98ebc2-997d-4f56-8db0-646147969097
Todd Estes
Todd.Estes@cityofdenton.com
City Engineer
Capital Projects
Security Level: Email, Account Authentication
(None)
Signature Adoption: Drawn on Device
Using IP Address: 47.190.47.120
Signed using mobile
Sent: 2/12/2020 12:36:47 PM
Viewed: 2/12/2020 1:39:07 PM
Signed: 2/12/2020 1:40:27 PM
Electronic Record and Signature Disclosure:
Accepted: 2/12/2020 1:39:07 PM
ID: 4a112898-f268-4e99-a157-92e4812e0dc3
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Contract Administrator
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 2/25/2020 3:50:11 PM
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 11:02:14 AM
ID: 57619fbf-2aec-4b1f-805d-6bd7d9966f21
Rosa Rios
rosa.rios@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Contract Administrator
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 1/29/2020 3:18:15 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Ken Hsu
Ken.Hsu@bridgefarmer.com
Security Level: Email, Account Authentication
(None)
Sent: 2/3/2020 8:34:23 PM
Viewed: 2/25/2020 4:29:54 PM
Electronic Record and Signature Disclosure:
Accepted: 2/3/2020 8:33:19 PM
ID: e6464be8-8c54-4df7-9b4d-d3fd5334152c
Seth Garcia
Seth.Garcia@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Sent: 2/12/2020 12:36:45 PM
Viewed: 2/12/2020 12:58:08 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Sherri Thurman
sherri.thurman@cityofdenton.com
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 2/25/2020 3:50:11 PM
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
Zolaina Parker
Zolaina.Parker@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Annie Bunger
Annie.Bunger@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Seth Garcia
Seth.Garcia@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 2/25/2020 3:50:11 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Denton (we, us or Company) may be required by law to provide to
you certain written notices or disclosures. Described below are the terms and conditions for
providing to you such notices and disclosures electronically through your DocuSign, Inc.
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Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
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If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
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Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
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Unless you tell us otherwise in accordance with the procedures described herein, we will provide
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authorizations, acknowledgements, and other documents that are required to be provided or
made available to you during the course of our relationship with you. To reduce the chance of
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electronically from us.
Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Mansoor Ahsan, Mansoor Ahsan, Todd Estes, Todd Hileman, Ken Hsu
How to contact City of Denton:
You may contact us to let us know of your changes as to how we may contact you electronically,
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City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 20-682,Version:1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton,a Texas home-rule municipal corporation,authorizing
the approval of a first amendment to a Professional Services Agreement between the City of Denton and Walter
P.Moore and Associates,Inc.,amending the contract approved by City Council on May 7,2019,in the not-to-
exceed amount of $537,300,said first amendment to provide engineering services for the Mobility Plan in the
not-to-exceed amount of $140,000;providing for the expenditure of funds therefor;and providing an effective
date (File 6999 -providing for an additional first amendment expenditure amount not-to-exceed $140,000,with
the total contract amount not-to-exceed $677,300).
City of Denton Printed on 3/27/2020Page 1 of 1
powered by Legistar™
City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Procurement & Compliance
CFO: Antonio Puente, Jr.
DATE: March 31, 2020
SUBJECT
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation,
authorizing the approval of a first amendment to a Professional Services Agreement between the City of
Denton and Walter P. Moore and Associates, Inc., amending the contract approved by City Council on May
7, 2019, in the not-to-exceed amount of $537,300, said first amendment to provide engineering services for
the Mobility Plan in the not-to-exceed amount of $140,000; providing for the expenditure of funds therefor;
and providing an effective date (File 6999 – providing for an additional first amendment expenditure
amount not-to-exceed $140,000, with the total contract amount not-to-exceed $677,300).
INFORMATION/BACKGROUND
On May 7, 2019, City Council approved a Professional Services Agreement with Walter P. Moore and
Associates, Inc. for engineering services for the Mobility Plan. The Mobility Plan (RFQ 6999) is an update
to the thoroughfare, bike, and pedestrian infrastructure plan for the year 2040. On top of the original scope
of work, the project team has been tasked to analyze one-way versus two-way streets and potential Bell
Avenue closure. The project team is on schedule to deliver a draft Mobility Plan by March 2020 and submit
the final Mobility Plan for adoption in April 2020.
The Bell closure analysis, in the amount of $140,000, is an Interlocal Cooperation Agreement (ICA)
between the City of Denton and Texas Woman’s University, approved November 12, 2019. Each party is
responsible for an amount not to exceed $70,000.00 each, of the total cost of $140,000.00. The scope of
services includes data collection, existing condition analysis, traffic forecasting, and alternative analysis.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
On May 7, 2019, City Council approved a Professional Services Agreement with Walter P. Moore &
Associates, Inc. for engineering services for the Mobility Plan in RFQ 6999 (Ordinance No. 19-1016).
On November 12, 2019, City Council approved an ICA with Texas Woman’s University for the TWU
Traffic Study (Ordinance No. 19-2586).
RECOMMENDATION
Award Amendment No. 1 with Walter P. Moore & Associates, Inc., for engineering services for the
Mobility Plan, in the not-to-exceed amount of $140,000, for a total amended contract amount of $677,300.
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
PRINCIPAL PLACE OF BUSINESS
Walter P. Moore and Associates, Inc.
Dallas, TX
ESTIMATED SCHEDULE OF PROJECT
This project will be started upon approval with a completion date by May 2020.
FISCAL INFORMATION
These services will be funded from the accounts below. Requisition# 145798 has been entered in the
Purchasing software system in the amount of $140,000. The budgeted amount for this item is $140,000.
360185444.1360.40100 - $3,000
360185467.1360.40100 - $70,000
360185469.1360.40100 - $67,000
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Original Contract and Ordinance
Exhibit 3: ICA Original Ordinance
Exhibit 4: Ordinance and Amendment 1
Respectfully submitted:
Lori Hewell, 940-349-7100
Purchasing Manager
For information concerning this acquisition, contact: Pamela Alummoottil at 940-349-7486.
Legal point of contact: Mack Reinwand at 940-349-8333.
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SECTION 2, The City Manager is authorized to expend funds as required by the attached
contract.
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i ' e '' .' ' # i` `• '1 i` ',` 1 '! i * ,- *,
f ! ,, ` '; . .. . . * . , i # . , . . ;
SECTION 4. The findings in the preamble of this ordinance are incorporated herein by
reference.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
The motion to ma a•t this ordinance was made by ;e , r" '`° .`; and
seconded by . ^' ; ," ...-- -- the ordinance was passed and Ca•aava. by the
following vote [ - ] °
Aye Nay Abstain Absent
Mayor Chris Watts: r
Gerard Hudspeth, District 1:
Keely G. Briggs, District 2:
Don Duff, District 3:
John Ryan, District 4:
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED this the
ATTEST:
ROSA RIOS, CITY SECRETARY
BY : . ' _., " „?'
APPROVED AS TO LEGAL FORM.
AARON LEAL, CITY ATTORNEY
day of
W
B': ^.'. : ,,,,,,,, '"^^'"p?
l°C", MAYOR
2019.
DocuSignEnvelopeID: 99D65EEC-7DDA-44F6-8634-CF92D4E3EC79
DocuSignEnvelopeID: 99D65EEC-7DDA-44F6-8634-CF92D4E3EC79
CITYOFDENTON, TEXAS
STANDARDAGREEMENTFORENGINEERINGRELATEDPROFESSIONAL
SERVICES
FILE6999
ThisAGREEMENTisbetweentheCityofDenton, aTexashome-rulemunicipality
CITY"), andWalterP. Moore & Associates, Inc., withitscorporateofficeat1999Bryan
Street, Ste. 900, Dallas, Texas75201 andauthorizedtodobusinessinTexas,
ENGINEER"), foraPROJECTgenerallydescribedas: MobilityPlanfortheCityof
Denton (the "PROJECT").
SECTION1
ScopeofServices
A. TheCITYherebyagreestoretaintheENGINEER, andtheENGINEERherebyagrees
toperform, professionalengineeringservicessetforthintheScopeofServices
attachedheretoasAttachmentA. Theseservicesshallbeperformedinconnection
withthePROJECT.
B. Additionalservices, ifany, willberequestedinwritingbytheCITY. CITYshallnot
payforanyworkperformedbyENGINEER oritsconsultants, subcontractorsand/or
suppliersthathasnotbeenorderedin advanceandin writing. Itisspecifically
agreedthatENGINEER shallnotbecompensatedforanyadditionalworkresulting
fromoralordersofanyperson.
SECTION2
CompensationandTermofAgreement
A. TheENGINEERshallbe compensatedforallservicesprovidedpursuanttothis
AGREEMENTinanamountnottoexceed $537,300inthemannerandinaccordance
withthefeescheduleassetforthinAttachmentA. Paymentshallbeconsideredfull
compensationforalllabor, materials, supplies, andequipmentnecessaryto
completetheservicesdescribedinAttachmentA.
B. UnlessotherwiseterminatedpursuanttoSection6. D. herein, thisAGREEMENTshall
beforatermbeginningupontheeffectivedate, asdescribedbelow, andshallcontinue
foraperiodwhichmayreasonablyberequiredforthecompletionofthePROJECT,
untiltheexpirationofthefunds, orcompletionofthe PROJECTandacceptancebythe
CITY, whicheveroccursfirst. ENGINEERshallproceeddiligentlywiththePROJECTto
completionasdescribedinthePROJECTscheduleassetforthinAttachmentB.
SECTION3
TermsofPayment
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PaymentstotheENGINEERwillbemadeasfollows:
A. InvoiceandPayment
1) TheEngineershallprovidetheCitysufficientdocumentation, includingbutnot
limitedtomeetingtherequirementssetforthinthePROJECTscheduleasset
forthinRFQ6999submittedproposaltoreasonablysubstantiatetheinvoices.
2) TheENGINEERwillissuemonthlyinvoicesforallworkperformedunderthis
AGREEMENT. Invoicesfortheuncontestedperformanceoftheparticular
servicesaredueandpayablewithin30daysofreceiptbyCity.
3) UponcompletionofservicesenumeratedinSection1, thefinalpaymentofany
balancefortheuncontestedperformanceoftheserviceswillbeduewithin30
daysofreceiptofthefinalinvoice.
4) Intheeventofadisputedorcontestedbilling, onlythatportionsocontestedwill
bewithheldfrompayment, andtheundisputedportionwillbepaid. TheCITY
willexercisereasonablenessincontestinganybillorportionthereof. No
interestwillaccrueonanycontestedportionofthebillinguntilmutuallyresolved.
5) IftheCITYfailstomakepaymentinfulltoENGINEERforbillingscontestedin
goodfaithwithin60daysoftheamountdue, theENGINEERmay, aftergiving7
days' writtennoticetoCITY, suspendservicesunderthisAGREEMENTuntil
paidinfull. Intheeventofsuspensionofservices, theENGINEERshallhave
noliabilitytoCITYfordelaysordamagescausedtheCITYbecauseofsuch
suspensionofservices.
SECTION4
ObligationsoftheEngineer
A. General
TheENGINEERwillserveastheCITY'sprofessionalengineeringrepresentativeunder
thisAGREEMENT, providingprofessionalengineeringconsultationandadviceand
furnishingcustomaryservicesincidentalthereto.
B. StandardofCare
TheENGINEERshallperformitsservices:
1) withtheprofessionalskillandcareordinarilyprovidedbycompetentengineers
practicinginthesameorsimilarlocalityandunderthesameorsimilar
circumstancesandprofessionallicense; and
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2) asexpeditiouslyasisprudentconsideringtheordinaryprofessionalskilland
careofacompetentengineer.
C. SubsurfaceInvestigations
1) TheENGINEERshalladvisetheCITYwithregardtothenecessityfor
subcontractworksuchasspecialsurveys, tests, testborings, orother
subsurfaceinvestigationsinconnectionwithdesignandengineeringworktobe
performedhereunder. TheENGINEERshallalsoadvisetheCITYconcerning
theresultsofsame. Suchsurveys, tests, andinvestigationsshallbefurnished
bytheCITY, unlessotherwisespecifiedinAttachmentA.
2) Insoils, foundation, groundwater, andothersubsurfaceinvestigations, the
actualcharacteristicsmayvarysignificantlybetweensuccessivetestpointsand
sampleintervalsandatlocationsotherthanwhereobservations, exploration,
andinvestigationshavebeenmade. Becauseoftheinherentuncertaintiesin
subsurfaceevaluations, changedorunanticipatedundergroundconditionsmay
occurthatcouldaffectthetotalPROJECTcostand/orexecution. These
conditionsandcost/executioneffectsarenottheresponsibilityofthe
ENGINEER.
D. PreparationofEngineeringDrawings
TheENGINEERwillprovidetotheCITYtheoriginaldrawingsofallplansininkon
reproduciblemylarsheetsandelectronicfilesin .pdfformat, orasotherwiseapprovedby
CITY, whichshallbecomethepropertyoftheCITY. CITYmayusesuchdrawingsinany
manneritdesires; provided, however, thattheENGINEERshallnotbeliablefortheuseof
suchdrawingsforanyprojectotherthanthePROJECTdescribedherein.
E. Engineer'sPersonnelatConstructionSite
1) ThepresenceordutiesoftheENGINEER'spersonnelataconstructionsite,
whetherason-siterepresentativesorotherwise, donotmaketheENGINEERor
itspersonnelinanywayresponsibleforthosedutiesthatbelongtotheCITY
and/ortheCITY'sconstructioncontractorsorotherentities, anddonotrelieve
theconstructioncontractorsoranyotherentityoftheirobligations, duties, and
responsibilities, including, butnotlimitedto, allconstructionmethods, means,
techniques, sequences, andprocedures necessaryforcoordinating and
completingallportionsoftheconstructionworkinaccordancewiththe
AGREEMENTDocumentsandanyhealthorsafetyprecautionsrequiredby
suchconstructionwork. TheENGINEERanditspersonnelhavenoauthorityto
exerciseanycontroloveranyconstructioncontractororotherentityortheir
employeesinconnectionwiththeirworkoranyhealthorsafetyprecautions.
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2) Excepttotheextentofspecificsitevisitsexpresslydetailedandsetforthin
AttachmentA, theENGINEERoritspersonnelshallhavenoobligationor
responsibilitytovisittheconstructionsitetobecomefamiliarwiththeprogress
orqualityofthecompletedworkonthePROJECTortodetermine, ingeneral, if
theworkonthePROJECTisbeingperformedinamannerindicatingthatthe
PROJECT, whencompleted, willbeinaccordancewiththeAGREEMENT
Documents, norshallanythingintheAGREEMENT Documentsorthis
AGREEMENT betweenCITYandENGINEERbeconstruedasrequiring
ENGINEERtomakeexhaustiveorcontinuouson-siteinspectionstodiscover
latentdefectsintheworkorotherwisecheckthequalityorquantityofthework
onthePROJECT. IftheENGINEERmakeson-siteobservation(s) ofa
deviationfromtheAGREEMENT Documents, theENGINEERshallinformthe
CITY.
3) Whenprofessionalcertificationofperformanceorcharacteristicsofmaterials,
systemsorequipmentisreasonablyrequiredtoperformtheservicessetforthin
theScope ofServices, theENGINEERshallbeentitledtorelyuponsuch
certificationtoestablishmaterials, systemsorequipmentandperformance
criteriatoberequiredintheAGREEMENTDocuments.
F. OpinionsofProbableCost, FinancialConsiderations, andSchedules
1) TheENGINEERshallprovideopinionsofprobablecostsbasedonthecurrent
availableinformationatthetimeofpreparation, inaccordancewith
AttachmentA.
2) Inprovidingopinionsofcost, financialanalyses, economicfeasibilityprojections,
andschedulesforthePROJECT, theENGINEERhasnocontrolovercostor
priceoflaborandmaterials; unknownorlatentconditionsofexistingequipment
orstructuresthatmayaffectoperationormaintenancecosts; competitive
biddingproceduresandmarketconditions; timeorqualityofperformanceby
thirdparties; quality, type, management, ordirectionofoperatingpersonnel; and
othereconomicandoperationalfactorsthatmaymateriallyaffecttheultimate
PROJECTcostorschedule. Therefore, theENGINEERmakes nowarranty
thattheCITY'sactualPROJECTcosts, financialaspects, economicfeasibility,
orscheduleswillnotvaryfromtheENGINEER'sopinions, analyses, projections,
orestimates.
G. ConstructionProgressPayments
RecommendationsbytheENGINEERtotheCITYforperiodicconstructionprogress
paymentstotheconstructioncontractorwillbebasedontheENGINEER'sknowledge,
information, andbelieffromselectivesamplingandobservationthattheworkhas
progressedtothepointindicated. Suchrecommendationsdonotrepresentthat
continuousordetailedexaminationshavebeenmadebytheENGINEERtoascertainthat
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theconstructioncontractorhascompletedtheworkinexactaccordancewiththe
AGREEMENTDocuments; thatthefinalworkwillbeacceptableinallrespects; thatthe
ENGINEERhasmadeanexaminationtoascertainhoworforwhatpurposethe
constructioncontractorhasusedthemoneyspaid; thattitletoanyofthework, materials,
orequipmenthaspassedtotheCITYfreeandclearofliens, claims, securityinterests, or
encumbrances; orthattherearenotothermattersatissuebetweentheCITYandthe
constructioncontractorthataffecttheamountthatshouldbepaid.
H. RecordDrawings
Recorddrawings, ifrequired, willbeprepared, inpart, onthebasisofinformationcompiled
andfurnishedbyothers, andmaynotalwaysrepresenttheexactlocation, typeofvarious
components, orexactmannerinwhichthePROJECTwasfinallyconstructed. The
ENGINEERisnotresponsibleforanyerrorsoromissionsintheinformationfromothers
thatisincorporatedintotherecorddrawings.
I. RighttoAudit
1) ENGINEERagreesthattheCITYshall, untiltheexpirationoffive (5) yearsafter
finalpaymentunderthisAGREEMENT, haveaccesstoandtherightto
examineandphotocopyanydirectlypertinentbooks, documents, papersand
recordsoftheENGINEERinvolvingtransactionsrelatingtothisAGREEMENT.
ENGINEERagreesthattheCITYshallhaveaccessduringnormalworking
hourstoallnecessaryENGINEERfacilitiesandshallbeprovidedadequateand
appropriateworkspaceinordertoconductauditsincompliancewiththe
provisionsofthissection. TheCITYshallgiveENGINEERreasonableadvance
noticeofintendedaudits.
2) ENGINEERfurtheragreestoincludeinallitssubconsultantagreements
hereunderaprovisiontotheeffectthatthesubconsultantagreesthattheCITY
shall, untiltheexpirationof five (5) yearsafterfinalpaymentunderthe
subcontract, haveaccesstoandtherighttoexamineandphotocopyany
directlypertinentbooks, documents, papersandrecordsofsuchsubconsultant,
involvingtransactionstothesubcontract, andfurther, thattheCITYshallhave
accessduringnormalworkinghourstoallsubconsultantfacilities, andshallbe
providedadequateandappropriateworkspace, inordertoconductauditsin
compliancewiththeprovisionsofthissection togetherwithsubsection (3)
hereof. CITYshallgivesubconsultantreasonableadvancenoticeofintended
audits.
3) ENGINEERandsubconsultantagreetophotocopysuchdocumentsasmaybe
requestedbytheCITY. TheCITYagreestoreimburseENGINEERforthecost
ofcopiesattheratepublishedintheTexasAdministrativeCodeineffectasof
thetimecopyingisperformed.
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J. INSURANCE
1)
a. CommercialGeneralLiability theENGINEERshallmaintain
commercialgeneralliability (CGL) and, ifnecessary, commercial
umbrellainsurancewithalimitofnotlessthan $1,000,000.00pereach
occurrencewitha $2,000,000.00aggregate. IfsuchCommercialGeneral
Liabilityinsurancecontainsageneralaggregatelimit, itshallapply
separatelytothisPROJECTorlocation.
i. TheCITYshallbeincludedasanadditionalinsuredwithallrights
ofdefense undertheCGL, usingISOadditionalinsured
endorsementorasubstituteprovidingequivalentcoverage, and
underthecommercialumbrella, ifany. Thisinsuranceshallapply
asprimaryinsurancewithrespecttoanyotherinsuranceorself-
insuranceprogramsaffordedtotheCITY. TheCommercial
GeneralLiabilityinsurancepolicyshallhavenoexclusionsor
endorsementsthatwouldalterornullify: premises/operations,
products/completedoperations, contractual, personalinjury, or
advertisinginjury, whicharenormallycontainedwithinthepolicy,
unlesstheCITYspecificallyapprovessuchexclusionsinwriting.
ii. ENGINEERwaivesallrightsagainsttheCITYandits agents,
officers, directorsandemployeesforrecoveryofdamagestothe
extentthesedamagesarecoveredbythecommercialgeneral
liabilityorcommercialumbrellaliabilityinsurancemaintainedin
accordancewiththisAGREEMENT.
b. BusinessAuto theENGINEERshallmaintainbusinessautoliability
and, ifnecessary, commercialumbrellaliabilityinsurancewithalimitof
notlessthan $1,000,000eachaccident. Suchinsuranceshallcover
owned
autos, whensaidvehicleisusedinthecourseofthePROJECT. Ifthe
engineerownsnovehicles, coverageforhiredornon-ownedis
acceptable.
i. ENGINEERwaivesallrightsagainsttheCITYanditsagents,
officers, directorsandemployeesforrecoveryofdamagestothe
extentthesedamagesarecoveredbythebusinessautoliabilityor
commercialumbrellaliabilityinsurance obtainedby ENGINEER
pursuanttothisAGREEMENT orunderanyapplicableauto
physicaldamagecoverage.
c. ENGINEERshallmaintainworkers
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compensationandemployersliabilityinsuranceand, ifnecessary,
commercialumbrellaliabilityinsurancewithalimitofnotlessthan
100,000.00eachaccidentforbodilyinjurybyaccidentor $100,000.00
eachemployeeforbodilyinjurybydisease, with $500,000.00policylimit.
i. ENGINEERwaivesallrightsagainsttheCITYanditsagents,
officers, directorsandemployeesforrecoveryofdamagestothe
extentthesedamagesarecoveredbyworkerscompensationand
umbrellainsuranceobtainedby
ENGINEERpursuanttothisAGREEMENT.
d. ProfessionalLiability ENGINEERshallmaintainprofessionalliability, a
claims-madepolicy, withaminimumof $1,000,000.00perclaimand
aggregate. Thepolicyshallcontainaretroactivedatepriortothedateof
theAGREEMENT orthefirstdateofservicestobeperformed,
whicheverisearlier. Coverageshallbemaintainedforaperiodof5years
followingthecompletionoftheAGREEMENT. Anannualcertificateof
insurancespecificallyreferencingthisPROJECT shallbesubmittedto
theCITYforeachyearfollowingcompletionoftheAGREEMENT.
2) GENERALINSURANCEREQUIREMENTS
a. CertificatesofinsuranceevidencingthattheENGINEERhasobtainedall
requiredinsuranceshallbeattachedtothisAGREEMENTpriortoits
execution.
b. ApplicablepoliciesshallbeendorsedtonametheCITYanAdditional
Insured thereon, subjecttoanydefenseprovidedbythepolicy, asits
interestsmayappear. ThetermCITYshallincludeitsemployees,
officers, officials, agents, andvolunteersasrespectsthecontracted
services.
c. Certificate(s) ofinsurance shalldocumentthatinsurancecoverage
specifiedinthisAGREEMENT areprovidedunderapplicablepolicies
documentedthereon.
d. AnyfailureonpartoftheCITYtoattachthe requiredinsurance
documentationheretoshallnotconstituteawaiveroftheinsurance
requirements.
e. Aminimumofthirty (30) daysnoticeofcancellationormaterialchangein
coverageshallbeprovidedtotheCITY. Aten (10) daysnoticeshallbe
acceptableintheeventofnon-paymentofpremium. Noticeshallbesent
totherespectiveDepartmentDirector (byname), CityofDenton, 901
TexasStreet, Denton, Texas76209.
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f. InsurersforallpoliciesmustbeauthorizedtodobusinessintheStateof
TexasandhaveaminimumratingofA:Vorgreater, inthecurrentA.M.
BestKeyRatingGuideorhavereasonablyequivalentfinancialstrength
andsolvencytothesatisfactionofRiskManagement.
g. Anydeductibleorselfinsuredretentioninexcessof $25,000.00that
wouldchangeoraltertherequirementshereinissubjecttoapprovalby
theCITYinwriting, ifcoverageisnotprovidedonafirst-dollarbasis. The
CITY, atitsolediscretion, mayconsenttoalternativecoverage
maintainedthroughinsurancepoolsorriskretentiongroups. Dedicated
financialresourcesorlettersofcreditmayalsobeacceptabletothe
CITY.
h. Applicablepoliciesshalleachbeendorsedwithawaiverofsubrogation
infavoroftheCITYasrespectsthePROJECT.
i. TheCITYshallbeentitled, uponitsrequestandwithoutincurring
expense, toreviewtheENGINEER'sinsurancepoliciesincluding
endorsementstheretoand, attheCITY'sdiscretion; theENGINEERmay
berequiredtoprovideproofofinsurancepremiumpayments.
j. Linesofcoverage, otherthanProfessionalLiability, underwrittenona
claims-madebasis, shallcontainaretroactivedatecoincidentwithor
priortothedateoftheAGREEMENT. Thecertificateofinsuranceshall
stateboththeretroactivedateandthatthecoverageisclaims-made.
k. Coverages, whetherwrittenonanoccurrenceorclaims-madebasis,
shallbemaintainedwithoutinterruptionnorrestrictivemodificationor
changesfromdateofcommencementofthePROJECTuntilfinal
paymentandterminationofanycoveragerequiredtobemaintainedafter
finalpayments.
l. TheCITYshallnotberesponsibleforthedirectpaymentofany
insurancepremiumsrequiredbythisAGREEMENT.
m. Subconsultantsandsubcontractorsto/oftheENGINEERshallbe
requiredbytheENGINEERtomaintainthesameorreasonably
equivalentinsurancecoverageasrequiredfortheENGINEER. When
subconsultants/subcontractorsmaintaininsurancecoverage,
ENGINEERshallprovideCITYwithdocumentationthereofona
certificateofinsurance.
K. IndependentConsultant
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TheENGINEERagreestoperformallservicesasanindependentconsultantandnotasa
subcontractor, agent, oremployeeoftheCITY. Thedoctrineofrespondeatsuperior
shallnotapply.
L. Disclosure
TheENGINEERacknowledgestotheCITYthatithasmadefulldisclosureinwritingof
anyexistingconflictsofinterestorpotentialconflictsofinterest, includingpersonalfinancial
interest, directorindirect, inpropertyabuttingtheproposedPROJECTandbusiness
relationshipswithabuttingpropertycities. TheENGINEERfurtheracknowledges thatitwill
makedisclosureinwritingofanyconflictsofinterestthatdevelopsubsequenttothe
signingofthisAGREEMENTandpriortofinalpaymentundertheAGREEMENT.
M. AsbestosorHazardousSubstances
1) Ifasbestosorhazardoussubstancesinanyformareencounteredorsuspected,
theENGINEERwillstopitsownworkintheaffectedportionsofthePROJECT
topermittestingandevaluation.
2) Ifasbestosorotherhazardoussubstancesaresuspected, theCITYmay
requesttheENGINEERtoassistinobtainingtheservicesofaqualified
subcontractortomanagetheremediationactivitiesofthePROJECT.
N. PermittingAuthorities - DesignChanges
Ifpermittingauthoritiesrequiredesignchangessoastocomplywithpublisheddesign
criteriaand/orcurrentengineeringpracticestandardswhichtheENGINEERshouldhave
beenawareofatthetimethisAGREEMENTwasexecuted, theENGINEERshallrevise
plansandspecifications, asrequired, atitsowncostandexpense. However, ifdesign
changesarerequiredduetothechangesinthepermittingauthorities' publisheddesign
criteriaand/orpracticestandardscriteriawhicharepublishedafterthedateofthis
AGREEMENT whichtheENGINEERcouldnothavebeenreasonablyawareof, the
ENGINEERshallnotifytheCITYofsuchchangesandanadjustmentincompensationwill
bemadethroughanamendmenttothisAGREEMENT.
O. Schedule
ENGINEERshallmanagethePROJECTinaccordancewiththescheduledevelopedand
submittedperRFQ6999.
P. EqualOpportunity
1) EqualEmploymentOpportunity: ENGINEERand agents
shallengageinanydiscriminatoryemploymentpractice. Nopersonshall, on
thegroundsofrace, sex, sexualorientation, age, disability, creed, color, genetic
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testing, ornationalorigin, berefusedthebenefitsof, orbeotherwisesubjected
todiscriminationunderanyactivitiesresultingfromthisAGREEMENT.
2) AmericanswithDisabilitiesAct (ADA) Compliance: ENGINEERand
agents shall notengageinanydiscriminatoryemployment
practiceagainstindividualswithdisabilitiesasdefinedintheADA.
SECTION5
ObligationsoftheCity
A. City-FurnishedData
ENGINEERmayrelyupontheaccuracy, timeliness, andcompletenessoftheinformation
providedbytheCITY.
B. AccesstoFacilitiesandProperty
TheCITYwillmakeitsfacilitiesaccessibletotheENGINEERasrequiredforthe
ENGINEER'sperformanceofitsservices. TheCITYwillperform, atnocosttothe
ENGINEER, suchtestsofequipment, machinery, pipelines, andothercomponentsofthe
CITY'sfacilitiesasmayberequiredinconnectionwiththeENGINEER'sservices. The
CITYwillberesponsibleforallactsoftheCITY'spersonnel.
C. Advertisements, Permits, andAccess
UnlessotherwiseagreedtointheScopeofServices, theCITYwillobtain, arrange, and
payforalladvertisementsforbids; permitsandlicensesrequiredbylocal, state, orfederal
authorities; andland, easements, rights-of-way, andaccessnecessaryforthe
ENGINEER'sservicesorPROJECTconstruction.
D. TimelyReview
TheCITYwillexaminetheENGINEER's studies, reports, sketches, drawings,
specifications, proposals, andotherdocuments; obtainadviceofanattorney, insurance
counselor, accountant, auditor, bondandfinancialadvisors, andotherconsultantsasthe
CITYdeemsappropriate; andrenderinwritingdecisionsrequiredbytheCITYinatimely
mannerinaccordancewiththePROJECTschedulepreparedinaccordancewith
AttachmentB.
E. PromptNotice
TheCITYwillgivepromptwrittennoticetotheENGINEERwheneverCITYobservesor
becomesawareofanydevelopmentthataffectsthescopeortimingoftheENGINEER's
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servicesorofanydefectintheworkoftheENGINEERorconstructioncontractors.
F. AsbestosorHazardousSubstancesRelease.
1) CITYacknowledgesENGINEERwillperformpartoftheworkat CITY's
facilitiesthatmaycontainhazardousmaterials, includingasbestoscontaining
materials, orconditions, andthatENGINEERhadnopriorroleinthe
generation, treatment, storage, ordispositionofsuchmaterials. In
considerationoftheassociatedrisksthatmaygiverisetoclaimsbythird
partiesoremployeesofCity, CityherebyreleasesENGINEERfromany
damageorliabilityrelatedtothepresenceofsuchmaterials.
2) Thereleaserequiredaboveshallnotapplyintheeventthedischarge, release
orescapeofhazardoussubstances, contaminants, orasbestosisaresultof
contaminantorasbestosontothePROJECT.
G. ContractorIndemnificationandClaims
TheCITYagreestoincludeinallconstructioncontractstheprovisionsofArticleIV.E.
regardingtheENGINEER'sPersonnelatConstructionSite, andprovisionsprovidingfor
contractorindemnificationoftheCITYandtheENGINEERforcontractor'snegligence.
H. ContractorClaimsandThird-PartyBeneficiaries
1) TheCITYagreestoincludethefollowingclauseinallcontractswith
constructioncontractorsandequipmentormaterialssuppliers:
Contractors, subcontractorsandequipmentandmaterials
suppliersonthePROJECT, or theirsureties, shallmaintainno
directactionagainsttheENGINEER, itsofficers, employees, and
subcontractors, foranyclaimarisingoutof, inconnectionwith, or
resultingfromtheengineeringservicesperformed. OnlytheCITY
willbethebeneficiaryofanyundertakingbytheENGINEER."
2) ThisAGREEMENTgivesnorightsorbenefitstoanyoneotherthantheCITY
andtheENGINEERandtherearenothird-partybeneficiaries.
3) TheCITYwillincludeineachagreementitentersintowithanyotherentityor
personregardingthePROJECTaprovisionthatsuchentityorpersonshall
havenothird-partybeneficiaryrightsunderthisAGREEMENT.
4) NothingcontainedinthisSectionH. shallbeconstruedasawaiverofanyright
theCITYhastobringaclaimagainstENGINEER.
I. CITY'sInsurance
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1) TheCITYmaymaintainpropertyinsuranceoncertainpre-existingstructures
associatedwiththePROJECT.
2) TheCITYmaysecure BuildersRisk/Installationinsuranceatthereplacement
costvalueofthePROJECT. TheCITYmayprovideENGINEERacopyofthe
policyordocumentationofsuchonacertificateofinsurance.
J. LitigationAssistance
TheScopeofServicesdoesnotincludecostsoftheENGINEERforrequiredorrequested
assistancetosupport, prepare, document, bring, defend, orassistinlitigationundertaken
ordefendedbytheCITY. IntheeventCITYrequestssuchservicesoftheENGINEER, this
AGREEMENTshallbeamendedoraseparateagreementwillbenegotiatedbetweenthe
parties.
K. Changes
The CITYmaymakeorapprovechangeswithinthegeneralScopeofServicesinthis
AGREEMENT. IfsuchchangesaffecttheENGINEER'scostofortimerequiredfor
performanceoftheservices, anequitableadjustmentwillbemadethroughanamendment
tothisAGREEMENTwithappropriateCITYapproval.
SECTION6
GeneralLegalProvisions
A. AuthorizationtoProceed
ENGINEERshallbeauthorizedtoproceedwiththisAGREEMENTuponreceiptofa
writtenNoticetoProceedfromtheCITY.
B. ReuseofProjectDocuments
Alldesigns, drawings, specifications, documents, andotherworkproductsofthe
ENGINEER, whetherinhardcopyorinelectronicform, areinstrumentsofserviceforthis
PROJECT, whetherthePROJECTiscompletedornot. Reuse, change, oralterationby
theCITYorbyothersactingthroughoronbehalfoftheCITYofanysuchinstrumentsof
servicewithoutthewrittenpermissionoftheENGINEERwillbeattheCITY'ssolerisk.
TheCITYshallownthefinaldesigns, drawings, specificationsanddocuments.
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C. ForceMajeure
TheENGINEERisnotresponsiblefordamagesordelayinperformancecausedbyactsof
God, strikes, lockouts, accidents, orothereventsbeyondthecontroloftheENGINEER
der.
D. Termination
1) ThisAGREEMENTmaybeterminated:
a. bytheCityforitsconvenienceupon30 days' writtennotice to
ENGINEER.
b. byeithertheCITYortheENGINEERforcauseifeitherpartyfails
substantiallytoperformthroughnofaultoftheotherandthe
nonperformingpartydoesnotcommencecorrectionofsuch
nonperformancewithin5days writtennoticeorthereafterfailsto
diligentlycompletethecorrection.
2) IfthisAGREEMENTisterminatedfortheconvenienceoftheCity, the
ENGINEERwillbepaidforterminationexpensesasfollows:
a. Costofreproductionofpartialorcompletestudies, plans, specifications
orotherformsofENGINEER'Sworkproduct;
b. Out-of-pocketexpensesforpurchasingelectronicdatafilesandother
datastoragesuppliesorservices;
c. ThetimerequirementsfortheENGINEER'Spersonneltodocumentthe
workunderwayatthetimeoftheCITY'Sterminationforconvenienceso
thattheworkeffortissuitableforlongtimestorage.
3) Priortoproceedingwithterminationservices, theENGINEERwillsubmittothe
CITYanitemizedstatementofallterminationexpenses. TheCITY'Sapproval
willbeobtainedinwritingpriortoproceedingwithterminationservices.
E. Suspension, Delay, orInterruptiontoWork
TheCITYmaysuspend, delay, orinterrupttheservicesoftheENGINEERforthe
convenienceoftheCITY. Intheeventofsuchsuspension, delay, orinterruption, an
equitableadjustmentinthePROJECT'sschedule, commitmentandcostofthe
ENGINEER'spersonnelandsubcontractors, andENGINEER'scompensationwillbe
made.
F. Indemnification
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INACCORDANCEWITHTEXASLOCALGOVERNMENTCODESECTION271.904,
THEENGINEERSHALLINDEMNIFY OR HOLDHARMLESSTHECITYAGAINST
LIABILITYFORANYDAMAGE COMMITTEDBYTHEENGINEERORENGI
AGENT, CONSULTANTUNDERCONTRACT, ORANOTHERENTITYOVERWHICH
THEENGINEEREXERCISESCONTROLTOTHEEXTENTTHATTHEDAMAGEIS
CAUSEDBYORRESULTINGFROMANACTOFNEGLIGENCE, INTENTIONAL
TORT, INTELLECTUALPROPERTYINFRINGEMENT, ORFAILURETOPAYA
SUBCONTRACTORORSUPPLIER. CITYISENTITLEDTO RECOVERITS
SFEESINPROPORTION
LIABILITY.
G. Assignment
NeitherpartyshallassignalloranypartofthisAGREEMENTwithoutthepriorwritten
consentoftheotherparty.
H. Jurisdiction
ThelawoftheStateofTexasshallgovernthevalidityofthisAGREEMENT, its
interpretationandperformance, andanyotherclaimsrelatedtoit. Thevenueforany
litigationrelatedtothisAGREEMENTshallbeDentonCounty, Texas.
I. SeverabilityandSurvival
IfanyoftheprovisionscontainedinthisAGREEMENTareheldforanyreasontobe
invalid, illegal, orunenforceableinanyrespect, suchinvalidity, illegality, orunenforceability
willnotaffectanyotherprovision, andthisAGREEMENTshallbeconstruedasifsuch
invalid, illegal, orunenforceableprovisionhadneverbeencontainedherein. Sections5.F.,
6.B., 6.D., 6.F., 6.H., and6.I. shallsurviveterminationofthisAGREEMENTforanycause.
J. ObserveandComply
ENGINEERshallatalltimesobserveandcomplywithallfederalandStatelawsand
regulationsandwithallCityordinancesandregulationswhichinanywayaffectthis
AGREEMENTandtheworkhereunder, andshallobserveandcomplywithallorders, laws
ordinancesandregulationswhichmayexistormaybeenactedlaterbygoverningbodies
havingjurisdictionorauthorityforsuchenactment. Nopleaofmisunderstandingor
ignorancethereofshallbeconsidered. ENGINEERAGREESTODEFEND, INDEMNIFY
ANDHOLDHARMLESSCITYAND ALLOFITSOFFICERS, AGENTSAND
EMPLOYEESFROMANDAGAINSTALLCLAIMSOR LIABILITYARISINGOUTOF
THEVIOLATIONOFANY SUCHORDER, LAW, ORDINANCE, ORREGULATION,
WHETHERITBEBYITSELFORITSEMPLOYEES.
K. ImmigrationNationalityAct
CityofDenton, Texas
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ENGINEER shallverifytheidentityandemploymenteligibilityofitsemployeeswho
performworkunderthisAGREEMENT, includingcompletingtheEmploymentEligibility
VerificationForm (I-9). UponrequestbyCITY, ENGINEER shallprovideCITY with
copiesofallI-9formsandsupportingeligibilitydocumentationforeachemployeewho
performsworkunderthisAGREEMENT. ENGINEER shalladheretoallFederaland
Statelawsaswellasestablishappropriateproceduresandcontrolssothatnoservices
willbeperformedbyanyENGINEER employeewhoisnotlegallyeligibletoperform
suchservices. ENGINEER SHALLINDEMNIFYCITYANDHOLDCITYHARMLESS
FROMANYPENALTIES, LIABILITIES, ORLOSSESDUETOVIOLATIONSOFTHIS
PARAGRAPHBYENGINEER, ENGINEERBCONTRACTORS,
AGENTS, ORLICENSEES. CITY, uponwrittennoticetoENGINEER, shallhavethe
righttoimmediatelyterminatethisAGREEMENT forviolationsofthisprovisionby
ENGINEER.
L. ProhibitionOnContractsWithCompaniesBoycottingIsrael
ENGINEER acknowledgesthatinaccordancewithChapter2270oftheTexas
GovernmentCode, CITYisprohibitedfromenteringintoacontractwithacompanyfor
goodsorservicesunlessthecontractcontainsawrittenverificationfromthecompany
thatit: (1) doesnotboycottIsrael; and (2) willnotboycottIsraelduringthetermofthe
contract.
thosetermsinSection808.001oftheTexasGovernmentCode. Bysigningthis
AGREEMENT, ENGINEER certifiesthat signatureprovideswritten
verificationtotheCITYthatENGINEER: (1) doesnotboycottIsrael; and (2) will
notboycottIsraelduringthetermoftheAGREEMENT. Failuretomeetormaintain
therequirementsunderthisprovisionwillbeconsideredamaterialbreach.
M. ProhibitionOnContractsWithCompaniesDoingBusinesswithIran, Sudan, or
aForeignTerroristOrganization
Section2252oftheTexasGovernmentCoderestrictsCITYfromcontractingwith
companiesthatdobusiness withIran, Sudan, oraforeignterroristorganization. By
signingthisAGREEMENT, ENGINEERcertifies
provideswrittenverificationtotheCITYthatENGINEER, pursuanttoChapter
2252, isnotineligibletoenterintothisAGREEMENTandwillnotbecome
ineligibleto receivepaymentsunderthisAGREEMENTbydoingbusinesswith
Iran, Sudan, oraforeignterroristorganization. Failuretomeetormaintainthe
requirements underthisprovisionwillbeconsideredamaterialbreach.
N. CertificateofInterestedPartiesElectronicFiling
In2015, theTexasLegislatureadoptedHouseBill1295, whichaddedsection2252.908
oftheGovernmentCode. ThelawstatesthattheCitymaynotenterintothiscontract
unlesstheContractorsubmitsadisclosureofinterestedparties (Form1295) totheCity
CityofDenton, Texas
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atthetimetheContractorsubmitsthesignedcontract. TheTexasEthicsCommission
hasadoptedrulesrequiringthebusinessentitytofileForm1295electronicallywiththe
Commission.
ContractorwillberequiredtofurnishaCertificateofInterestPartiesbeforethecontract
isawarded, inaccordancewithGovernmentCode2252.908.
Thecontractorshall:
1. LogontotheStateEthicsCommissionWebsiteat :
https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm
2. RegisterutilizingthetutorialprovidedbytheState
3. PrintacopyofthecompletedForm1295
4. EntertheCertificateNumberonpage2ofthiscontract.
5. CompleteandsigntheForm1295
6. Emailtheformtopurchasing@cityofdenton.com withthecontractnumberinthe
subjectline. (EX: Contract1234 Form1295)
TheCitymustacknowledgethereceiptofthefiledForm1295notlaterthanthe30th
dayafterCouncilaward. OnceaForm1295isacknowledged, itwillbepostedtothe
O. AgreementDocuments
ThisAGREEMENT, includingitsattachmentsandschedules, constitutestheentire
AGREEMENT, whichsupersedesallpriorwrittenororalunderstandings, andmayonlybe
changedbyawrittenamendmentexecutedbybothparties. ThisAGREEMENT maybe
executedinoneormorecounterpartsandeachcounterpart shall, forallpurposes, be
deemedanoriginal, butallsuchcounterpartsshalltogetherconstitutebutoneandthe
sameinstrument. Thefollowingattachmentsandschedulesareherebymadeapartof
thisAGREEMENT:
AttachmentA Compensation
AttachmentB - ScopeandScheduleonfilewithpurchasingforRFQ6999
ThesedocumentsmakeuptheAGREEMENTdocumentsandwhatiscalledforbyone
shallbeasbindingasifcalledforbyall. Intheeventofaninconsistencyorconflictin
anyoftheprovisionsoftheAGREEMENTdocuments, theinconsistencyorconflictshall
beresolvedbygivingprecedencefirsttothewrittenAGREEMENT thentothe
AGREEMENTdocumentsintheorderinwhichtheyarelistedabove.
CityofDenton, Texas
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epresentativetobeeffective onthedate
subscribedbytheCityManager.
BY: BY:
CITYOFDENTON, TEXAS ENGINEER
WalterP. Moore & Associates, Inc.
CityManager AuthorizedSignature, Title
Date:__________________ Date:____________________________
THISAGREEMENTHASBEEN
BOTHREVIEWEDANDAPPROVED
astofinancialandoperational
obligationsandbusinessterms. TEXASETHICSCOMMISSION
CERTIFICATENUMBER
Signature
Title
Department
DateSigned: ______________
APPROVEDASTOLEGALFORM:
AARONLEAL, CITYATTORNEY
By:
ATTEST:
CITYSECRETARY
By:______________________________
CityofDenton, Texas
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ATTACHMENTA
PricingProposal
TaskTaskBudget
Task1 ProjectManagement$20,300
Task2 ProjectKick-offMeeting$8,100
Task3 DataCollection*$21,300
Task4 PlanDevelopment$242,300
4.1MasterThoroughfarePlan / 4.2MobilityPlanMap$87,790
4.3BicyclePlan$67,980
4.4PedestrianPlan$55,740
Task5 ProjectMeetings$57,000
MobilityPlanSubtotal$349,000
Task6 TransportationImpactFee$188,300
TotalProjectBudget$537,300
Thereisanoverlapineffortsub-tasks3.4and6.3withthelandusereviewthatisneededforthethoroughfare
planupdateandthetransportationimpactfee. TheTask3budgetdoesnotincludefeetocompletetheLand
UseReview. Task6includestheefforttocompletethelandusereview.
WALTERPMOOREProfessionalServicesforMobilityPlanfortheCityofDenton
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ATTACHMENTB
03
ProjectApproach
Task1 ProjectManagement
WalterPMoorehasathoroughunderstandingofthe
reporting, invoicing, andstakeholderinvolvementassociated
withprojectsmanagedbycitiesofsimilarsizetoDenton.
OurProjectTeam, hascompletedanumberofprojects
similartothis, includingtheArlingtonThoroughfare
DevelopmentPlan, theFriscoThoroughfarePlan, andthe
McKinneyThoroughfarePlan. Atthesametimewehave
completedanumberofstrategicmobilityplansforthecities
ofAustin, Dallas, Houston, andSanAntonio.
TheWalterPMooreprojectteamwillprovidemonthly
progressreportsalongwitheachinvoicedetailingthebilling
andservicesthatwereprovidedinthepreviousmonth. We
CityofDenton. Thislengthoftimewillallowustoacquire
theappropriatestaffandstakeholderfeedback, develop
recommendations, andcreateadetailedimplementation
strategy. (SeetheProjectScheduleattheendoftheProject
Approachfortheproposeddetailedschedule.)
AttheProjectKick-offMeetingwewillestablishthemostconvenienttimetoscheduleastandingbi-weeklyconferencecall
withtheprojectteamandCitystaff. Anagendawillbedevelopedbeforeeachmeetingandwewillfollowthetimelineand
scheduleofdeliverablesasaguidetoensurethatthe12monthperiodiskept.
KurtSchultewillserveastheProjectPrincipalandwillbeavailablethroughouttheprojectprocesstoensurethatworkis
beingcompletedinatimelymannerandwiththequalitythatisexpectedbytheCityofDentonstaff. Hehasbeenworking
asatransportationplannerforover25yearsandwillbeabletoassistthroughouttheprocesstoensurethedeliverables
meettheneedsoftheCityofDenton.
Task2 ProjectKick-offMeeting
OurteamwillworkwiththeCitystafftoscheduleakick-off
meetingatthebeginningoftheprojectschedule. The
purposeofthemeetingwillbetoreviewthescope, individual
tasks, andreviewthedatathatwillberequiredforthe
project. Itwillbeimportanttodedicatetwotothreehoursfor
thismeetingtodiscussthedifferentelementsoftheproject
indetail.
Thismeetingwillsetthestagefortheinitialeffortstoanalyze
thecomponentsofthemobilityplanincludingtheMaster
ThoroughfarePlan, BicyclePlan, thePedestrianPlan, andan
updatetotheTransportationImpactFees. Itwillbehelpful
tohaveCitystaffpresentatthismeetingthataredirectly
Thekick-offmeetingwillensurethatourteamaddressestheprioritiesoftheCityinvolvedinusingtheseplansonadailybasistohelpdirect
earlyonintheprocess. theprojectteamonthestrengths, issues, andchallenges
ofeachplanningpolicy. ItwillbehelpfultohaveCitystaff
presentatthismeetingthataredirectlyinvolvedinusingtheseplansonadailybasis. Theywillbeabletohelpdirectthe
projectteamonthestrengths, issues, andchallengesofeachplanningpolicy.
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Task3 DataCollection
BackgroundResearch
Dentonandtheregion. Itwillbeimportanttoconsolidatethisdatatounderstandsomeoftheoverlappingtrendsand
goalsfortransportationintheCity. Wewillcreateacomprehensivelistofavailableplansandidentifyhowtheplansmayor
maynotalignwitheachother. Forexample, apreliminaryplatmayincludearoadwayalignmentthatwillnotmatchupwith
theroadwayalignmentprojectingfromanotherplat.
StakeholderInput
Involvingstakeholdersthroughouttheplanningprocess
iskeytothesuccessoftheproject. Foramobilitystudy
muchlikethisone, havingatechnicalstakeholdergroup
madeupofCitystafffromDevelopmentServicesand
Engineering, togetherwithrepresentativesfromthepolice
representativesfromDCTA, TxDOT, andotheragencies
involvedinmobilitydecision-making.
Wewillholdthreepublicmeetingstoengagethepublic
intheeffortsoftheMobilityPlan. Aspartofthesepublic
meetingswewillseekoutguidancefromthepublicto
assistinupdatingtheMasterThoroughfarePlan, theBicycle
MasterPlan, andthePedestrianMasterPlan. Itwillbe RecentpublicmeetingaspartofthecommunityoutreachfortheSoutheast
HoustonMobilityPlanimportantearlyontogetanideafromthepublicofthe
goalsandvisionfortransportationandmobilityintheCity.
Thegoalsandvisiondevelopedearlyonwillhelpprioritize
themobilityimprovementsforeachmode, whethertheybe
short-, medium-, orlong-termprojects.
WewillalsoincorporateamobilitysurveyintheStakeholder
Inputtasktogatherevenmorefeedbackfromalarger
portionoftheCityofDenton. Itcanbechallengingforsome
togettoapublicmeetingforaprojectlikethisandtherefore
providingadditionalmethodsofgatheringinputwillbe
important.
Thefeedbackwegetfromthetechnicalstakeholdergroup,
thepublicmeetings, andthemobilitysurveywillallbeused
toendorsetheoutcomesorresultsofthemobilityplan.
FacilitiesReview
UsingtheexistingdatadevelopedbytheCityofDenton
andpotentialdatafromNCTCOGasabase, wewillanalyze
thecurrentinfrastructure. Wewilldetermineconditionof
roadways, currentbicyclefacilities (trails, bikelanes, and
sharrows), andgapsinthesidewalknetwork. Throughthe
planningprocesswewillusethefacilitiesreviewtoprioritize
theimprovementsthatareneededonDentonroadways,
additionalbicycleconnections, andsidewalkgaps.
Forsidewalkgapswewillpaymostattentiontotheareas
Source: Esri, DigitalGlobe, GeoEye, EarthstarGeographics, CNES/AirbusDS,
ExistingSidewalkInventoryDataintheCityofDentonmileofexistingandfutureschools.
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LandUseReview
evaluatethelandusewithintheCityofDentonandalsowithintheDentonETJ. Wewillcomparetheinformationgathered
fromDCADwiththelatestDentonFutureLandUsemaptodeterminethepotentialbuildoutdemographicsintheCity.
Thisbuildoutisespeciallyimportantforunderstandingthoroughfareimprovementsandimpactfeesthatwillbeanalyzed
throughouttheplanningprocess.
OurteamusesCommunityVIZsoftwarewhichisanextensionofArcGIStounderstandtheCityscarryingcapacityand
buildoutnumbers. Differentscenarioscanbedevelopedtounderstandtheimpactofchangingfuturelanduseinthe
region.
Task4 PlanDevelopment
MasterThoroughfarePlan
Establishingamasterthoroughfareplanisanimportanttooltohelpguidefuturetransportationplanningdecisionsina
Citywithsomanydifferentstakeholdersandinterests. Amasterthoroughfareplanestablishesclearexpectationson
roadwaydesignelementsincludingright-of-way, numberoflanes, andlanewidths. Right-of-waydedicationisoneofthe
primarygoalstobridgethegapbetweenneededtransportationimprovementsandnewdevelopmentinDenton. Unlike
theNCTCOGtraveldemandmodeland2045roadwaynetwork, themasterthoroughfareplanisnotconstrainedbyproject
OurteamwillusetheinformationgatheredinTask3todevelopatechnicalanalysisoftheexistingdevelopmentandthe
futuredevelopmentbasedontheexistinglanduseandtheCitysproposedfuturelanduseplan. Wewillusedevelopment
datatoinputintotheDentontraveldemandmodeltounderstandtheareasofconcernsforincreasedtraveltimeand
delay. WearereallycomfortableinworkingwiththeDentontraveldemandmodelandhavebeenusingitinthelasttwo
yearsonanumberofdifferentprojectsfortheCityofDenton. ThistechnicalanalysiswillhelpourteamandCitystaffto
Itwillbeimportantinthemasterthoroughfareplanningprocesstounderstandtheimportanceofeachrecommendation.
InworkingwiththeCitystaffaswellasCitystakeholderswewilldevelopevaluationcriteriatoassistintheprocessof
rankingtheprojectsintoshort-, medium-, andlong-termprojects. Theprioritizationcriteriacanconsistofelementssuch
ascongestion, safety, environmentalfactors, cost, andprojectreadinessamongothers. Eachoftheevaluationfactorswill
haveassociatedperformancemeasuresthatwillassistinprioritizingeachimprovementbasedonqualitativefactors.
Thoroughfareplanningproposesafuturenetworkbasedonbuild-outconditions. ThisultimatelyhelpstheCityprepareas
newdevelopmentorredevelopmentoccurs. Aswedevelopthemasterthoroughfareplanandrecommendations, wewill
developplanninglevelcostestimatesforalloftheproposedthoroughfaresintheCity. Someoftheimprovementsmaybe
underthejurisdictionofTxDOTorDentonCountyandthuswewillindicatethepotentialresponsiblestakeholder.
MobilityPlanMap
Themobilityplanmapisoneofthemostusedpolicydocumentswithinmunicipalities. Itcanindicatethefuturegrowth
goalsoftheCityandassistresidentsanddeveloperstounderstandthefuturealignmentsofproposedroadways.
Consistencybetweenthemobilityplanmap, themasterthoroughfareplanandtheDentonstreetdesignstandardsis
essential. Currentlytherearesomeinconsistenciesthatwehavenoticedinworkingwiththe2015MobilityPlanmapand
thedevelopmentstandardsthatwewouldcorrectduringthroughthismobilityplanupdate. Forexample, thecurrentstreet
Therehastobeconsistencybetweenthedesignstandardsandthemap.
futureroadwaysandevenroadwaysthatareyettobewidenedpertheirdesignstandards.
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BicyclePlan
Ourteamwillexaminewhatelementsof
theplanneedtobeupdatedbasedon
theplanningeffortsthatstartedwiththe
35ActiveTransportationPlandevelopedin
2012. Wewillalsoincorporateindividual
planningeffortsthathaveoccurredsince
UNTcampus.WPrairieSt
Bicycleplanninghasbecomeevenmore
importantinthelast10yearsinDenton
asaresultofdemographicchanges
andmodalpreferenceshifts. Inaddition,
newfundingsourcesforbicycleprojects
throughNCTCOGhaveprovidednew
LegendopportunitiesfortheseprojectstobeNovember14, 2017
11:00AM - 5:00PMimplemented. Park 35ÜBuildings01,0002,000
FeetWewillworkwithCitystafftoassess
BicycleturningcountswerealsocollectedaroundtheUNTcampustounderstandbicycleusagetheexistingbicycleinfrastructureand
determinewherethemostimportant
gapsintheregionare. Thesuccessin
collectingbicyclecountsintheUNT
areasthatareshowinghighlevelsof
bicycleactivitysuchasthedowntown,
collegesanduniversities, andother
highuseareas. Wewillalsoincorporate
Stravadatawhichusescrowdsourcing
toidentifythepathofpeoplecyclingand
jogging.
Itiscommoninbicycleplanstoassign
abicyclefacilitytoeveryfunctionally
networkwhetherthatfacilitycanbeeasily
implementedornotbasedonfunding
constraintsorright-of-waylimitations.
Howeverknowingwhatwouldbethe
mostimportantcorridorstoimplement
willbeoneofourprimarygoalsof StavaMapGraphic
thismobilityplan. Itisessentialto
understandtheimportanceofeachrecommendation. InworkingwiththeCitystaffaswellasstakeholderswewilldevelop
evaluationcriteriatoassistintheprocessofrankingthebicycleprojectsintoshort-, medium-, andlong-termprojects. The
amongothers. Eachoftheevaluationfactorswillhaveassociatedperformancemeasuresthatwillassistinprioritizingeach
improvementbasedonqualitativefactors.
Aswedevelopthebicycleplanrecommendations, wewilldevelopplanninglevelcostestimatesforalloftheproposed
improvementsintheCity.
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PedestrianPlans
SimilartotheBicyclePlan, ourteam
willexaminewhatelementsofthe McKennaParkplanneedtobeupdatedbasedonthe
35planningeffortsthatstartedwiththe
ActiveTransportationPlandevelopedin
2012. Wewillalsoincorporateindividual
planningeffortsandanalysisthathave OwsleyParkoccurredsince2012.
TheCityofDentonalreadyhasdonean
MapleStexcellentjobingeocodingtheexisting
sidewalksinGIS. Wewillusethisdata
toidentifygapsinthesystem. Wewill
alsocreatea1milebufferaroundevery
elementary, middle, andhighschooland
potentiallyalargerbufferaroundother
potentialpedestriangeneratorssuch
PrioritySidewalkConnectionsasthedowntown, TWU, andUNT. The 35HighPriorityMissingConnectionsܨ¦
01,0002,000gapsthatexistswithinthosebufferswillMissingConnectionsFeetbeexaminedinmoredetailandwillbe
SidewalkconnectionswereanalyzedaroundtheUNTcampustoidentifygapsandprioritizeprojectsprioritizedhigherintheprojectranking.
Partofthereasonforthisanalysisisto
examinewhatareasinDentonhavethepotentialtoreceiveSafeRoutestoSchoolfunding.
InworkingwiththeCitystaffaswellasCitystakeholderswewilldevelopevaluationcriteriatoassistintheprocessof
rankingthepedestrianprojectsintoshort-, medium-, andlong-termprojects. Theprioritizationcriteriacanconsistof
elementssuchaslocationofhighpedestrianareas, safety, cost, andproximitytoschools/parksamongothers. Eachof
theevaluationfactorswillhaveassociatedperformancemeasuresthatwillassistinprioritizingeachimprovementbased
onqualitativefactors.
Aswedevelopthepedestrianplanrecommendations, wewilldevelopplanninglevelcostestimatesforalloftheproposed
improvementsintheCity.
DraftPlans
Ourteamtakesalotofprideinprovidingourclientswithdocumentationthatcommunicatestheeffortsand
allowforchangestobeeasilyincorporatedbetweenusandtheclient. OurplanningstaffisalltrainedinAdobeIllustrator,
InDesign, andPhotoshoptobeabletopresentthedocumentationinaprofessionalmanner.
TheDraftPlanwillbepresentedtothestaffandstakeholdersinoneoftheremainingbiweeklyprogressmeetings.
FinalPlans
draftasadeliverableandprovideelectronicversionsinWordandinPDF. Wewillalsoprovide2boundhardcopies.
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Task5 ProjectMeetings
ProgressMeetings
Theprogressmeetingswillbeanessentialpartofthe12monthschedule. EverytwoweeksbeginningwiththeKickoff
meetingwewillfacilitateeitherawebmeetingoranin-personmeetingtodiscussthestatusoftheindividualeffortsand
deliverables. TheconsultantteamalongwithCitystaffwillbeinvitedtotheprogressmeetingseverytwoweeks.
PublicMeetings
OurteamwillworkwiththeCitystaffandstakeholderstoidentifypublicmeetingdates, timesandlocationsthatarelikely
todrivethemostpublicparticipation. WewillpreparepublicitymaterialsandworkwithCitystafftodisseminatethem
throughavailablechannels, includingsocialclubssuchaschurches, neighborhoodassociations, andsocialandtraditional
media. Allfeedbackfromthesemeetingswillbecarefullydocumentedandsummarized.
PublicmeetingswillgiveresidentsanopportunitytoconsiderhowtheMasterThoroughfarePlan, theBicyclePlan, andthe
PedestrianPlancanbeimproved. Theseforumswillincludemappingexercisesandfacilitatedroundtablediscussionswith
theprojectteam.
Eachmeetingwillfocusonthedifferentmodesinthemobilityplantogatherinputonthechallengesandfuture
opportunitiesfornewinfrastructure. Aspartofthepublicmeetingswewillwanttogatherthoughtsandopinionsfromthe
publicontheprioritiesofeachimprovementtypeandwhatvaluesthecommunityhasforeachofthemodes. Thiswill
assistinunderstandingthegoalsofthestudyandhoweachprojectcanbeprioritized. Apresentationontheprojectand
itsobjectiveswithvisioningexerciseswillalsooccurateachpublicmeetingtoinformtheconceptualprioritiesofthePlan.
Task6 TransportationImpactFee
Ourapproachtothetransportationimpactfeeportionoftheplanfocusesonmaintainingcoordinationbetween
partiesthroughoutthismultifacetedproject. WestrivefortheCitystaff, CityCouncil, andthedevelopmentcommunity
tounderstandtheimpactfeeprocess. Managementofexpectationsandeducationisoftenjustasimportantasthe
calculationofthemaximumimpactfees. Ouryearsofexperiencehaveallowedustoperfectthisprocess. Eventhough
todiscusstheoptionsfordevelopingtheimpactfee. JeffWhitacrewillleadapresentationtitled, ImpactFees101that
providesanoverviewofthelegalrequirementsofimpactfeesandallowsforaninteractivediscussionaboutimpact
thatmustbemade. Wewillalsoupdateanddiscussthelinkbetweenimpactfeesandroughproportionalitythatwas
establishedinthecurrentordinance.
ReviewExistingDocuments
Citystafftodeterminewhatisworkingwellandwhatelementsoftheprogramneedstobetweakedorreworked. Itwillbe
importanttohavethosediscussionbeforewebegintheexistinganalysis.
ExistingAnalysis
Theteamwillcollectavailabletransportationandlandusedata, includingthecurrentMTPandotheradoptedagency
transportationplans. Thiswillincludeinformationfromadjacentcitiesandentities. Theteamwillcreateacomprehensive
listofavailableplansandidentifyhowtheplansmaynotalignwitheachother.
Anothercommonintegrationissueiswhenabikemasterplancallsfortheincorporationofbikefacilitiesonroadways
wherenotenoughright-of-wayhasbeensetasidetoeveractuallyconstructthoseimprovements. Theteamwillconsider
theseconstraintswhenmakingroadwayalignmentandcrosssectionrecommendations. Forthisplan, detailsforcorridors
willbelookedintotoensureregionalconnectivityandmobility.
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TheteamwillanalyzealignmentalternativesataconceptuallevelfortheMTP. Theteamwilluseavailablecontours, parcel
Thegoalofevaluatingthesephysicalconstraintsistopreventasituationwherearoadwayeithercannotbefeasibly
constructed, orasituationwheretheconstructioncostsbecomesohighthatadevelopmentcannotconstructanadjacent
facilityduetoroughproportionality.
Theteamwillidentifyintersectionimprovements
tosupporttheoverallmobilityoftheCity. These
improvementsmayincludebutarenotlimitedtoinnovative
TheTeamwillworkwiththeCitytoensurethe
intersectionsandsegmentsarerightsized. BiggerNodes
andsmallerlinkscanleadtoanetworkthathasincreased
Thewilldevelopanimplementationstrategythatincludes
programs (includingstaffresources), capitalproject
prioritization, andpotentialpolicyconsiderations. The
implementationplanwillalsoincludearecommended
strategyforimplementationintermsofhigh, medium, and
lowpriority. Potentialprogramrecommendationscould
includetheintroductionofabicyclefacilityprogram.
Policiesaretheintroductionofitemssuchasbuilding
largerintersections (nodes) insteadofcorridors (links).
Projectsarethephysicalconstructionofelementsto
completetheTransportationPlan.
CurrentandFutureLandUse
ExistingLandUseMapfortheCityofDentonWewillupdatethelanduseassumptionsforuseinthe
transportationimpactfeestudy. Statelawrequiresthe
developmentofasetof10-yeargrowthprojections
ServiceAreaBoundariestomatchanychangestothe
Cityscorporatelimits. Afterupdatingthoseboundaries,
wewillevaluatepopulationandemploymentprojections
baseduponthefuturelanduseplan. Inaccordancewith
Chapter395ofthelocalgovernmentcode, impactfees
canonlyberecoveredtoaccountforgrowthprojected
overthenext10years. Wehavefoundthefollowingthree
stepprocesstobethemosteffectivewaytocalculatethe
anticipatedgrowthandutilizeinthemodeldevelop:
1. Inventoryoftheexistinglanduses (2019)
2. Build-outprojectionsfortheCity (UtilizedintheModel)
3. Growthprojectedwithinthe10-yearplanningwindow
2029)
Theselanduseassumptionsprovidethebasisfor
determiningtheamountoffuturedemandrecoverable
throughimpactfees. Duringthisprocess, theuseofa
spatialanalysistoolisextremelyuseful. Withtheuseof
thegeoprocessingtoolsavailableinGIS, thethreesteps FutureLandUsefortheCityofDentonwhichwouldbeusedtodeterminebuild
outdemographicsinthetraveldemandmodel
WALTERPMOOREProfessionalServicesforMobilityPlanfortheCityofDenton 16
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03
PreliminaryTransportationImpactFees
changesthathaveoccurredsince2016. Theupdateswillbe
groupedintofourcategories:
1. NoChange / StillanImpactFeeEligibleProject
2. ThoroughfareChange / RemovedandNoLongeraProject
4. Projecthasbeenconstructed
Oncetheprojectlistiscompleted, thistaskalsoinvolvesthe
developmentofprojectcostprojectionsforexistingoversized
facilitiesandfutureprojects (#1and #3above). Thisphase
requiresengineeringexpertisetothoroughlyunderstand
thecostsofconstructingroadwayfacilities. TheTeamhas
developedoutstandingtoolsforsettingimpactfeeCIPbudget
amountsthatareadequateforsuccessfullyimplementingeach
project, frominceptionthroughconstruction.
Duringthe2016impactfeestudiesintersectionswerenot
ascrossingthoroughfareshavebeenconstructedandrequire
considerationinthedevelopmentofthe2019RoadwayImpact
FeeCIP.
FeeCalculation: Thecorepurposeforupdatingtheimpact
feeordinanceistohavenewgrowthpayforaportionofthe
transportationinfrastructureimprovementsrequiredtoserve
thatnewgrowth. AftercompilingtheImpactFeeCIP (Task4), theprojectteamwillneedtodeterminetoportionofthe
totalTransportationImpactFeeCIPthatsupportsgrowth. TheTransportationImpactFeeCIPwillbedividedintofour
categories:
1. CosttoMeetExistingDemand
2. RecoverableImpactFeeCIP (ProjectedImpactFeeRevenue)
3. CostOutsidethe10-YearStudyWindow
4. CreditforAdValoremTaxes
TheRecoverableImpactFeeCIPwillbeusedfortheportionoftheTotalTransportationImpactFeeCIPthatisusedin
themaximumimpactfeeanalysis. ThemaximumimpactfeeanalysiswilldividethisRecoverableImpactFeeCIPbythe
growthdetermineintheLandUseAssumptions (Task3). InaccordancewithChapter395, weanticipatethattheCitywill
fortheuseofthemaximumimpactfeeinroughproportionalitydeterminations alinkthatwillbediscussedwithCitystaff
duringProjectInitiation.
ImpactFeeReport
Theteamwilldevelopanupdatedtransportationimpactfeereportthattakesintoaccountnewdevelopmentandprepares
processfortheCitytoassessfeesandhowcreditswillbeapplied.
Uponadoptionoftherevisedroadwayimpactfee, wewillassisttheCitywithanynecessarytasksassociatedwiththe
revisedordinance, includingtheupdateofyourImpactFeeEstimatorworksheet.
WALTERPMOOREProfessionalServicesforMobilityPlanfortheCityofDenton 17
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03
Meetings
Successfuladoptionrequiresimplementingarevisedimpactfeeordinancethatinvolvesanumberofpublichearings
throughtheCityCouncilandtheAdvisoryCommittee. Additionally, werecommendestablishingaDevelopmentAdvisory
Committee (DAC) andconductingworkshopstoengagethedevelopmentcommunityandotherinterestedstakeholders.
Bywalkingthesegroupsthroughtheprocessandincreasingtheirunderstandingofimpactfeesandthereasonsfor
theupdate, theywillhavethenecessarytoolstomakethebestdecisionsfortheCityofDenton. Wewillalsodevelopall
necessarypublichearingnoticesandcomplywithstatutoryprocedures. IfrequestedbytheCity, wecouldincludean
enhancedpublicinformationprogramtoincorporateanynecessarymediarelationsorsimilarservices. However, wedo
notfeelthatwillberequiredforthisupdateoutsideofthestakeholderengagementmentionedabove.
willprovideresearchtotheCitystaffandcounciltoshowcomparisonsbetweenwhatotherTexascitiesarecurrently
charging. TheTeamwillalsoprovideRevenueforecastfortheRoadwayImpactFeesothatcouldfactorintothe
collectiondecision. Thesetwoanalysis (comparisonsandrevenueforecast) canprovetobeinvaluabletotheprocess
itenablestheCitytoquicklymakeaneducateddecisionregardingthedirectionofthepolicy. Italsogivesthepublic
anunderstandingofhowtheCityofDentonimpactfeeswouldcomparewithothercommunitiesinCentralTexasand
statewide.
ProgressMeetings
TheImpactFeeeffortwillcoincidewiththemobilityplanupdatehoweversomeoftheprogressmeetingsmayneedtobe
focusedonlyontheimpactfeeeffort. EverytwoweeksbeginningwiththeKickoffmeetingwewillfacilitateeitheraweb
meetingoranin-personmeetingtodiscussthestatusoftheimpactfeeeffortsanddeliverables. Theconsultantteam
alongwithCitystaffwillbeinvitedtotheprogressmeetingseverytwoweeks.
WALTERPMOOREProfessionalServicesforMobilityPlanfortheCityofDenton 18
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ProposedSchedule
Month
123456789101112
Task1 - ProjectManagement
Task2 - ProjectKick-offMeeting
Task3 - DataCollection
3.1BackgroundResearch
3.2StakeholderInput
3.3FacilitiesReview
3.4LandUseReview
Task4 - PlanDevelopment
4.1MasterThoroughfarePlan (MTP)
4.2MobilityPlanMap
4.3BicyclePlan
4.4PedestrianPlan
4.5DraftPlans
4.6FinalPlans
Task5 - ProjectMeetings
5.1ProgressMeetings
5.2PublicMeetings
Task6 - TransportationImpactFee
6.1ReviewExistingDocuments
6.2ExistingAnalysis
6.3CurrentandFutureLandUseAnalysis
6.4PreliminaryImpactFeeCalculation
6.5ImpactFeeReport
6.6Meetings
6.7ProgressMeetings
MasterThoroughfarePlanMeeting (MobilityPlanMap)
BicyclePlanMeeting (Non-motorizedNeeds)
PedestrianMeeting (SRTS & SidewalkConnectivity)
WALTERPMOOREProfessionalServicesforMobilityPlanfortheCityofDenton 19
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03
ProjectTeam
ProjectPrincipalProjectManager
KurtSchulte, AICPRobertRae, AICP
WalterPMooreWalterPMoore
ProjectTeam
ZakcqLockrem, AICP
Bicycle / PedestrianPlansJamesDavis, Jr., PE, LEEDAP,
AsakuraRobinsonENVSP
LandDevelopment LuisGuajardo, AICP
WalterPMoore Bicycle / PedestrianPlans
AsakuraRobinsonBryanBrown, CNU-A
Parking MatthewRufo, AICP
WalterPMoore Bicycle / PedestrianPlans
AsakuraRobinsonLouisCutaiaJr., AICP
ProjectPlanner StephenStansbery, AICP
WalterPMoore StakeholderInvolvement
Kimley-HornMadelineHunter
ProjectPlanner JeffWhitacre, PE, AICP, PTP
WalterPMoore TransportationImpactFee
Kimley-HornScottBooth, PE, PTOE
DanaShumard, PE
LJAEngineering CivilEngineering / Infrastructure
Kimley-Horn
WALTERPMOOREProfessionalServicesforMobilityPlanfortheCityofDenton 20
CertificateOfCompletion
EnvelopeId: 99D65EEC7DDA44F68634CF92D4E3EC79Status: Completed
Subject: PleaseDocuSign: CityCouncilContract6999MobilityPlan
SourceEnvelope:
DocumentPages: 30Signatures: 5EnvelopeOriginator:
CertificatePages: 6Initials: 1JamieCogdell
AutoNav: Enabled901BTexasStreet
EnvelopeIdStamping: EnabledDenton, TX 76209
TimeZone: (UTC-06:00) CentralTime (US & Canada)Jamie.Cogdell@cityofdenton.com
IPAddress: 129.120.6.150
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TabithaMillsopSent: 4/23/20197:38:19PMCompleted
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ToddHilemanSent: 5/8/20198:55:08AM
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WHEREAS, TWU is authorized to enter into an agreement with the City to reimburse the
City for up to 50% of the study costs not to exceed an amount of $70,000; and
WHEREAS, the City Council having considered the Agreement affered by TWU, and
considering the importance of the Project to the citizens of Denton, believes it should approve the
above-referenced Agreement by and between the City and TWU; NOW, THE FO ,
THE COUNCIL OF THE CITY OF DENTON HE Y O AINS:
SECTION 1. The findings and recitatians contained in the preamble of this ordinance are
incorporated herein by reference as true and as if fully set forth in the body ofthis ordinance.
SECTION 2. The City Manager, or his designee, is authorized to execute, an behalf of
the City and Citizens of Denton, the Interlocal Cooperation Agreement between the City d
TWU, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes.
SECTION 3. The City Manager, or his designee, is further authorized to carry out all
duties and agreements to be performed by the City under the Agreement, including, but not limited
to, the expenditure of funds.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
y
pp rdmance was mad
he ordinance was passed and a
andThemotiontoarovethiso ___ _________
seconded b , " : ..... __"" AProved by
11; .+,+r r ^a.i .. ...,. ° ...
Chris Watts, Mayor:
Gerard Hudspeth, District 1:
Keely G. Briggs, District 2:
Jesse Davis, District 3:
John Ryan, District 4:
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED this the
ATTEST:
ROSA RIOS, CITY SECRETARY
Nay Abstain Absent
day of ° m;,
2019.
F
CHRIS WATTS, MA YOR
7 ,..,y , By ' m
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
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STATE OF TEXAS
4
COUNTY OF DENTON §
N'.., ju q"II N AGREEMENT BETWEENm,.,,.._ .............................mm.....,,,,,,,,,,,.... ____.... ......._ ...„,, ,,
THE TEXAS WOMAN'S UNIVERSITY AND
THE CITY OF DENTON
THIS AGREEMENT is made and entered into by and between The Texas Woman's University
hereinafter "TWU") and the City of Denton, a Texas home rule municipal corporation (hereinafter "City").
TWU and the City are referred to individually as "Party" and are collectively referred to herein as "Parties."
This Agreement is for the purpose of providing for cost and duty allocation of a traffic study to be conducted
to assess the impact of street closure within the TWU campus (hereinafter "Project"); and
WHEREAS, TWU and the City mutually desire to be subject to the provisions of Texas Government
Code Chapter 791, the Interlocal Cooperation Act, which provides authorization for a local government to
contract with one or more local governments or other state agencies to perform governmental functions and
services under the terms of the Act; and
WHEREAS, TWU intends to close Bell Avenue between Chapel Drive and Texas Street as part of the
campus master plan; and '
WHEREAS, the City is in the process of planning improvements to Mingo Road from Bell Avenue to
Old North, which is on the south border of the TWU campus; and
WHEREAS, the City and TWU agree a Traffic Study to identify the impacts of the proposed campus
master plan and land use changes on the surrounding transportation system is proper;
NOW THEREFORE, the City and TWU, for the mutual consideration stated herein, agree and
understand as follows:
1.
i ag r r shall be effect iv as of "" °, ' '. 2019 and continue unless terminated as
provid k crei r am n the completi f the Tr f Y Study and payment of all outstanding invoices related
thereto.
II.
Pursuant to Texas Government Code § 791.011, the Parties hereto agree that the purpose of this
Agreement is to ensure that certain government functions and services in the area of requesting and
conducting a Traffic Study related to future street changes is completed. The Parties further agree that each
of them is authorized to perform the functions and services contemplated under this Agreement.
III.
City and TWU agree that the scope of the Traffic Study shall be as more fully described and depicted
in Exhibit "A" attached hereto, and incorporated herein and if set out fully. City 5hall be responsible for hiring
the traffic cansultant charged with conducting and completing the Traffic Study under the guidelines of
Exhibit "A." City and TWU shall share respectively all eosts associated with the iraffic Study, each Party
hereby responsible for an amount nat to exceed $70,000.00 each, of the tatal cost of $14d,00d.00.
IV.
City agrees that it is responsible for direct payment of invoices from the traffic consuliant. TWU
agrees that it will pravide payment of up io $70,000.00 directly to the City within thirky (30) days of TWU's
receipt of the traffic consultant's invoice from the City at the address below.
V.
In the perfarmance of their respective duties hereunder, the Parties hereto, and their respective
employees and agents, are at all times acting and perfdrming as independent contractors of each other. No
Party will have the authority to act for or bind another Party in any respect or to incur or assume any expense,
debt, obligaiion, liability, tax, or responsibility on behalf of or in the name of another P'arty hereto, with the
exception of the City's hiring and retention af a traffic consultant as cnntemplated herein, wherein TWU
agrees to pay the cost share specified above. TWU agrees and understands that TWU, its employees,
servants, agents, and representatives shall at no time represent thems lves to be employees, servants,
agents, nd/or representatives of the City. 7he City agrees and understands that the City, its employees,
servants, agents, and representatives shall at no time represent thernselves to be employees, servants,
agents, and/ar representatives af TWU.
VI.
TWU shall be responsible for the acts, negligence, and/or omissions af all 7WU employees, agents,
subcontractors, and/or contract laborers and for all other persons doing work under a contract or agreement
with iWU.
VII.
7he City shall be r sponsible for the acts, negligence, and/or amissions af all City employees, agents,
subcontractors, and/or contract laborers and for all ather persons doing wark under a contract or agreement
with the City.
VIII.
This Agreement is not intended to extend the liability of the Parties beyond that provided by law.
Neither TWU nor the City waive, nor shall be deemed to have hereby waived, any immunity or defense that
would otherwise be available to it against claims made by third parties.
IX.
The validity of this Agreement and of any of its terms or provisions, as well as the rights and duties af
the Parties hereto, shall be governed by the laws of the State of Texas. Further, this Agreement shall be
performable in Denton County, Texas.
X,
In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent
of the Parties hereto that the remaining portions shall remain valid and in full force and effect to the extent
possible,
XI.
The undersigned officer and/or agents of the Parties hereto are the properly authorized officials and
have the necessary authority to execute this Agreement on behalf of the Parties hereto, and each party
hereby certifies to the other that any necessary resolutians extending said authority have been duly passed
and are naw in full force and effect.
XII.
This Agreement and its exhibits represent the entire agreement between TWU and the City and
supersedes all prior negotiations, representations, and/or agreernents, either written or oral, with respect to
the subject matter hereto. This Agreement may be amended only by written instrument signed by the
governing bodies of both T1NU and the City, or those authorized to sign on behalf of those governing bodies.
XlII.
This Agreement becomes effective when signed by the last party whose signing makes the respective
Agreement fully executed.
XIV.
This AgreemenC may be terminated by written agreement of the Parties,
XV.
Any written notice that may be necessary under this Agreement shall be delivered certified mail,
return receipt requested, to the respective parties addressed as follows:
For City: Tadd Hileman, City Manager
City of Denton, Texas
215 E. McKinney Street
Denton, Texas 75201
City Copy to: Todd Hileman, City Manager
215 East McKinney Street
Denton, Texas 76201
For TWU:
TWU Copy ta:
F;c u': i m...
If` '''.:
w
2019.
7exas Woman's Unlversity
I e..^rv"I"I r rr ..,........._.
6, „„ip&o %
1'
BY .,, ,r`r
APPROVED AS TO LEGAI FORM:
fr " `
y o, ..,,, B
Assistant Genera Countll i
The City of De ton
Z15 E. McKlnney Street
Denton Texas76201
u ..,,,
BY "" ... .,. ...
Hlleman, l y Manager,
Gfty of Denton
Acting by and an behalf of the
Clty af Denton
ATTEST:
ROSA RIOS, CITY SECRETARY
BV m. . ,.X .
THIS AGREEMENT HAS 6EEN
BOTM REVIEWED AND APPROVED
as to Flnancfal and oper tianal
obl,i'n a ig u" terms.
e
ii ro u' "
Tltle
Department w„
Oate Signed: . .................... m.. '...... .
APPROVED AS T LEGAL FORM:
AARON LEAI, tITY A7TOR4
By• o o o ,. o..... .,,.,, . .. ,,,....
iw"" i,d
Meet with City of Denton to obtairt approved Scope of Work. The approved scape of work will be used ta
prepare a report that documents our findings and recornmendations for submission to the City Two (2)
meetings have been assumed for budget purposes.
Coordinate with the City tn discuss and review project status, coordinate and obtain any informatfon and any
ather project needs. Up tn Five (5) coordinatlon meetings have been assumed fnr budget purposes.
Coordinate with TWU and DCTA to obtain site plans, details on proposed changes, and transit service
R • .: . . . .: :. . . ., . . • . " • !'. . ' . ! ': :
II. Preparafion of Traffic Study
a N;i°:ic r,a; In Phase II, Part A, the following services would be performed;
Observe existing traffic operations on the study area netwnrk to note operational prnblems, traffic patterns, etc,
obtain, 24-hour bi-directional tube counts at the locations listed in T ble 1.
Obtain 15-minute peak hour turning movement counts (TMC) for AM, M{d-day, and PM peak periods (7:00 to 9:00
AM, 11:00 ta 1:00 PM, and 4;00 ta 6:d0 PM) at the existing study area intersections listed in Table 2.
Collect bicycle counts at all TMC caunt locatiqns during the time periads between 11:OOAM and 5:OOPM.
Collect pedestrian counts at all TMC cnunt locations during the time periods between 11:OOAM and 5:C70PM.
Table 1: Tube Count Locations
a e n L c i e s
1i r° ,, In Phase II, Part B, the following services will be performed:
Coordinate with the City ta obtain traffic signaf plans at the area intersections. (WPM/LJA)
Obtain any available traffic counts or parking data from TWU. (WPM)
Review any irip generation studies available for the TWU campus as a part of Traffic Impact Analysis (TIA)..
This will serve as the basis of t ip generation/trip distribution. (UA)
Review ITE Trip Generation Manual to obtain trip generation factors. UA)
Estimate background and site-generated traffic. (UA)
Analyze transit re-routing options, (WPM)
Obstruct traffic flpw along the sectian of Bell Avenue from Chape! Drive to Texas Street in City's Travel
Demand Model (TDMj to perform a high IeveE select link analysis (single executian) to obtain percentage
traffic shift on the system. This scape assumes the use af existing interface and matras to run the City of
Denton TDM and does not include any changes in the interface or macros. It should be noted that No
Calibration will be performed on the TDM. (WPM)
Distribute the site generated traffic through the access paints includingthe intersections and adjacent streets.
UA)
Perform capacity analyses at the 21 intersectians for the existing traffic and geometric conditions to
determine Levels of Serviee using Synchro. (UA)
Tr°° "- r-,,,y, In Phase II, Part C, the following services will be performed:
Based on review of histaric traffic data, sacio-economic data, and City's TDM data, the cansultanY will develop
a growth factor to obtain traffic pro}ecYions for Year 2b40. It should be naced that the historic AADT's will be
abtained using TxDOT's 57ARS system. (WPNJJ
The Consultant will prepare line diagrams for existing and forecast traffic volumes that will be used as inputs
for 5ynchro models. (WPM/UA)
Traffic volumes will need to be refined and updated to reflect adjustments to traffic pattern far the specific
scenario. (UA)
Perform capacity analyses at the 21 intersections for the future phase traffic and geometric conditions to
determine levels of service using 5ynchro. (UA)
I' ', In Phase II, Part D, the follawing services will be performed:
The Consultant will work with the City to include applicable scenarios with patential alternative snlutions,
such as roundabauts nr other capacity additions, as needed, at the intersections in the study area. Based on
the results of the analysis, up to two (2} scenarios will be fested using SYNCHaO software for the build year
for the selected intersections. (WPM/UA)
The Consultant will assess the various solutions based on 5ynchro defay, ROW impact, environmental
canstraints, access points, ingress/egress, and safety #o evaluate feasibifity of these optians. (UA)
The Consultant will develop conceptual alternative layouts showing the geometric irnpravements selected as
part of the 5ynchro anafysis for coordination with the City of Denton. (WPM/UA)
ir ' " ; " ;r . In Phase II, Part E, the following services will be performed:
Prepare the Traffic Study repart to document analysis and recommendatians for review by iWU/City of
Denton. (WPM)
s • . - - s ^ - - - • . i. ,- .
s -r • • • ., '
y . *
r - . . _ R• i
s' . . . • . . - . , . •; , . ,'
i - ... ,.. ! !' • ...... •.... ' • • . •.:.. ' . . f " . • • •` .; ... ! : . .
5 " E t
sk 1a Presj ct yt $9,750
f sk 2: P epar tio of 1'r c Study
T sk 2a: O ata Ilec i r $2,620 $21,337 f r tra ic u ts)
Task 2ba xis ir r diti r s nalysrs $3 ,160
Task 2ca Tra ic For c sti g $26,31
T'ask 2de Alt rnativ s Ar alysis $3 p9
iask 2;1"r c 5t dy R porC $,4gp
roj t le 1
t. e 1'.....Im - fr °, c: w f" r"° b °s,., s :r' M . °,' ' °C: `cr :g,
r f" wr r. 9 r c r S r • w ..
ORDINANCE NO. ----
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL
CORPORATION, AUTHORIZING THE APPROVAL OF A FIRST AMENDMENT TO A
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON AND
WALTERP. MOORE AND ASSOCIATES, INC., AMENDING THE CONTRACT APPROVED
BY CITY COUNCIL ON MAY 7, 2019, IN THE NOT-TO-EXCEED AMOUNT OF $537,300,
SAID FIRST AMENDMENT TO PROVIDE ENGINEERING SERVICES FOR THE MOBILITY
PLAN IN THE NOT-TO-EXCEED AMOUNT OF $140,000; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE
6999-PROVIDING FOR AN ADDITIONAL FIRST AMENDMENT EXPENDITURE AMOUNT
NOT-TO-EXCEED $140,000, WITH THE TOTAL CONTRACT AMOUNT NOT-TO-EXCEED
$677,300).
WHEREAS, on May 7, 2019, by Ordinance No. 19-1016, the City awarded a contract to
Walter P. Moore and Associates, Inc. in the amount of $537,300 for engineering services for the
Mobility Plan; and
WHEREAS, the additional fees under the proposed First Amendment are fair and reasonable
and are consistent with and not higher than the recommended practices and fees applicable to the
Provider's profession and such fees do not exceed the maximum provided by law; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The First Amendment, increasing the amount of the contract between the City
and Walter P. Moore and Associates, Inc., which is on file in the office of the Purchasing Agent, in
the amount of One Hundred Forty Thousand and 00/100 ($140, 000) Dollars, is hereby approved and
the expenditure of funds therefor is hereby authorized in accordance with said amendment. The total
contract amount increases to $677,300.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by and seconded
by the ordinance was passed and approved by the following
vote L_-__j:
Aye Nay Abstain Absent
Mayor Chris Watts:
Gerard Hudspeth, District 1 :
Keely G. Briggs, District 2:
Jesse Davis, District 3:
John Ryan, District 4:
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED this the ___ day of _________ ___, 2020.
CHRIS WATTS, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
BY: ---------------
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY:
Docusign City Council Transmittal Coversheet
File Name
Purchasing Contact
City Council Target Date
Piggy Back Option
Contract Expiration
Ordinance
DocuSign Envelope ID: 2C4A851D-AC6C-4165-A424-A0B05DF9A6B9
Not Applicable
FILE
Laura Hermosillo
Mobility Plan
6999
6999 PSA – Amendment #1 Page 1 of 2
FIRST AMENDMENT TO CONTRACT
BY AND BETWEEN THE CITY OF DENTON, TEXAS
AND WALTER P. MOORE AND ASSOCIATES, INC.
FILE 6999
THE STATE OF TEXAS §
COUNTY OF DENTON §
THIS FIRST AMENDMENT TO CONTRACT 6999 (“Amendment”) by and
between the City of Denton, Texas (“City”) and Walter P. Moore and Associates, Inc.
(“Consultant”); to that certain contract executed on May 7, 2019, in the original not-to-
exceed amount of $537,300 (the “Agreement”); for engineering services related to the
Mobility Plan for the City of Denton;
WHEREAS, the City deems it necessary to further expand the services provided by
Consultant to the City pursuant to the terms of the Agreement, and to provide an additional
not-to-exceed amount $140,000 with this Amendment for an aggregate not-to-exceed of
$677,300.
FURTHERMORE, the City deems it necessary to further expand the goods/services
provided by Consultant to the City;
NOW THEREFORE, the City and Consultant (hereafter collectively referred to as the
“Parties”), in consideration of their mutual promises and covenants, as well as for other
good and valuable considerations, do hereby AGREE to the following Amendment, which
amends the following terms and conditions of the said Agreement, to wit:
1. The additional services described in Exhibit “A” of this Amendment, attached
hereto and incorporated herein for all purposes, for professional services related to
the Mobility Plan, are hereby authorized to be performed by Consultant. For and
in consideration of the additional services to be performed by Consultant, the
Owner agrees to pay, based on the cost estimate detail attached as Exhibit “B” to
this Amendment, attached hereto and incorporated herein for all purposes, a total
fee, including reimbursement for non-labor expenses an amount not to exceed
$140,000.
2. This Amendment modifies the Agreement amount to provide an additional
$140,000 for the additional services with a revised aggregate not to exceed total of
$677,300.
DocuSign Envelope ID: 2C4A851D-AC6C-4165-A424-A0B05DF9A6B9
6999 PSA – Amendment #1 Page 2 of 2
The Parties hereto agree, that except as specifically provided for by this Amendment, that
all of the terms, covenants, conditions, agreements, rights, responsibilities, and obligations
of the Parties, set forth in the Agreement remain in full force and effect.
IN WITNESS WHEREOF, the City and the Consultant, have each executed this
Amendment electronically, by and through their respective duly authorized representatives
and officers on this date _________________________.
“CITY”
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
By:
_________________________________
TODD HILEMAN, CITY MANAGER
ATTEST:
ROSA RIOS, CITY SECRETARY
By:
_________________________________
“CONSULTANT”
WALTER P. MOORE & ASSOCIATES.
By:
_________________________________
AUTHORIZED SIGNATURE, TITLE
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
By:
_________________________________
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
_______________ ________________
SIGNATURE PRINTED NAME
__________________________________
TITLE
__________________________________
DEPARTMENT
DocuSign Envelope ID: 2C4A851D-AC6C-4165-A424-A0B05DF9A6B9
PrincipalKurt J. Schulte AICP
City Engineer
Capital Projects
Todd Estes
EXHIBIT A
~~OPE Of SERVICES
This Scope of Services is submitted to perform a Traffic Study for Texas Women's University (TWU) campus area at Bell
Avenue in Denton, Texas. Bell Avenue is expected to be closed for traffic operation from Chapel Drive to Texas Street.
The study area includes the Bell Avenue corridor between Chapel Drive and Texas Street in Denton, Texas, as shown in
Figure 1. The area includes transit operations provided by Denton County Transit Authority (DCTA) transit service. Our
Scope of Services is presented below in three stages. Any changes to the assumed scope of services will result in
increased costs. TWU and the City of Denton must provide the following information before initiation of work:
1. Site plan identifying the following items:
a. Proposed land use types, sizes, and acreage of tract
b. Existing and proposed zoning on tract
c. Proposed driveway location/ plans;
2. Scheduled buildout of proposed land uses, if any; and
3. Electronic copy of the site plan
Figure 1 -Study Area location
DocuSign Envelope ID: 2C4A851D-AC6C-4165-A424-A0B05DF9A6B9
I. Project Management/ Establish Scope of Work
• Meet with City of Denton to obtain approved Scope of Work. The approved scope of work will be used to
prepare a report that documents our findings and recommendations for submission to the City. Two (2)
meetings have been assumed for budget purposes.
" Coordinate with the City to discuss and review project status, coordinate and obtain any information and any
other project needs. Up to Five (5) coordination meetings have been assumed for budget purposes.
• Coordinate with TWU and DCTA to obtain site plans, details on proposed changes, and transit service
information. Up to Two (2) coordination meetings have been assumed for budget purposes.
TRAFFIC
II. Preparation of Traffic Study
~.!r.:;:;;::.lc.l;l_.~.t::;::.l•.l;.!.~'w.:.ln Phase II, Part A, the following services would be performed:
• Observe existing traffic operations on the study area network to note operational problems, traffic patterns, etc.
• Obtain, 24-hour bi-directional tube counts at the locations listed in Table 1.
• Obtain 15-minute peak hour turning movement counts (TMC) for AM, Mid-day, and PM peak periods (7:00 to 9:00
AM, 11:00 to 1:00PM/ and 4:00 to 6:00PM) at the existing study area intersections listed in Table 2.
• Collect bicycle counts at all TMC count locations during the time periods between 11:00AM and 5:00PM.
• Collect pedestrian counts at all TMC count locations during the time periods between ll:OOAM and 5:00PM.
Table 1: Tube Count locations
DocuSign Envelope ID: 2C4A851D-AC6C-4165-A424-A0B05DF9A6B9
2:
~~~IJ.I.I;I...:.u~:.u.~;~tJU..t:;W'~~, In Phase II, Part B, the following services will be performed:
• Coordinate with the City to obtain traffic signal plans at the area intersections. (WPM/LJA)
• Obtain any available traffic counts or parking data from TWU. (WPM)
• Review any trip generation studies available for the TWU campus as a part of Traffic Impact Analysis (TIA).
This will serve as the basis of trip generation/trip distribution. (UA)
• Review ITE Trip Generation Manual to obtain trip generation factors. (UA)
• Estimate background and site-generated traffic. (UA)
• Analyze transit re-routing options. (WPM)
• Obstruct traffic flow along the section of Bell Avenue from Chapel Drive to Texas Street in City's Travel
Demand Model (TDM) to perform a high level select link analysis (single execution) to obtain percentage
traffic shift on the system. This scope assumes the use of existing interface and macros to run the City of
Denton TDM and does not include any changes in the interface or macros. It should be noted that No
Calibration will be performed on the TDM. (WPM)
• Distribute the site generated traffic through the access points including the intersections and adjacent streets.
(UA)
• Perform capacity analyses at the 21 intersections for the existing traffic and geometric conditions to
determine Levels of Service using Synchro. (UA)
DocuSign Envelope ID: 2C4A851D-AC6C-4165-A424-A0B05DF9A6B9
~-~-"'~"""-t.l~.!IU.l~~~ln Phase II, Part C, the following services will be performed:
• Based on review of historic traffic data, socio-economic data, and City's TOM data, the consultant will develop
a growth factor to obtain traffic projections for Year 2040. It should be noted that the historic MOT's will be
obtained using TxDOT's STARS system. (WPM)
• The Consultant will prepare line diagrams for existing and forecast traffic volumes that will be used as inputs
for Synchro models. (WPM/UA)
• Traffic volumes will need to be refined and updated to reflect adjustments to traffic pattern for the specific
scenario. (UA)
.. Perform capacity analyses at the 21 intersections for the future phase traffic and geometric conditions to
determine levels of service using Synchro. (UA)
!L....81W:m!:t!.l!~~811illi(.ill.:. In Phase II, Part D, the following services will be performed:
" The Consultant will work with the City to include applicable scenarios with potential alternative solutions,
such as roundabouts or other capacity additions, as needed, at the intersections in the study area. Based on
the results of the analysis, up to two (2) scenarios will be tested using SYNCHRO software for the build year
for the selected intersections. (WPM/UA)
• The Consultant will assess the various solutions based on Synchro delay, ROW impact, environmental
constraints, access points, ingress/egress, and safety to evaluate feasibility of these options. (UA)
• The Consultant will develop conceptual alternative layouts showing the geometric improvements selected as
part of the Synchro analysis for coordination with the City of Denton. (WPM/UA)
.::;,:......l..!.;~~~-~~:..k In Phase II, PartE, the following services will be performed:
• Prepare the Traffic Study report to document analysis and recommendations for review by TWU/City of
Denton. (WPM)
" Prepare a final report that incorporates the comments received from TWU/City of Denton. (WPM)
• Prepare typical cross sections of proposed recommendations. (WPM)
Ill Additional Services Meetings/Discussions with TWU and City of Denton.
Phase Ill would include additional team meetings, telephone calls, and meetings with TWU and City of Denton for
discussion of the project after submission of the Traffic Study to the City. It also includes any additional analysis work
outside the scope originally defined by City. This phase would be handled on an hourly basis.
DocuSign Envelope ID: 2C4A851D-AC6C-4165-A424-A0B05DF9A6B9
EXHIBIT B
Fee Schedule
for
DocuSign Envelope ID: 2C4A851D-AC6C-4165-A424-A0B05DF9A6B9
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.
1 Name of vendor who has a business relationship with local governmental entity.
2
Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th 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
DocuSign Envelope ID: 2C4A851D-AC6C-4165-A424-A0B05DF9A6B9
c
Walter P. Moore and Associates, Inc.
X
X
3/4/2020
X
N/A
N/A
Certificate Of Completion
Envelope Id: 2C4A851DAC6C4165A424A0B05DF9A6B9 Status: Sent
Subject: Please DocuSign: City Council Contract 6999-Amendment #1
Source Envelope:
Document Pages: 9 Signatures: 4 Envelope Originator:
Certificate Pages: 6 Initials: 1 Laura Hermosillo
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
laura.hermosillo@cityofdenton.com
IP Address: 129.120.6.150
Record Tracking
Status: Original
2/27/2020 5:15:37 PM
Holder: Laura Hermosillo
laura.hermosillo@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Laura Hermosillo
laura.hermosillo@cityofdenton.com
Senior Buyer
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 129.120.6.150
Sent: 2/27/2020 5:25:59 PM
Viewed: 2/27/2020 5:26:05 PM
Signed: 2/27/2020 5:26:07 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 47.184.107.185
Sent: 2/27/2020 5:26:09 PM
Viewed: 2/27/2020 9:00:54 PM
Signed: 2/27/2020 9:01:36 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Mack Reinwand
mack.reinwand@cityofdenton.com
City of Denton
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 129.120.6.150
Sent: 2/27/2020 9:01:38 PM
Viewed: 3/4/2020 12:30:13 PM
Signed: 3/4/2020 12:34:38 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Kurt J. Schulte AICP
kschulte@walterpmoore.com
Principal
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 47.187.143.99
Sent: 3/4/2020 12:34:41 PM
Viewed: 3/4/2020 12:43:37 PM
Signed: 3/4/2020 12:46:18 PM
Electronic Record and Signature Disclosure:
Accepted: 4/23/2019 5:30:33 PM
ID: 3b5e4bda-3df5-4e25-9667-1ecc4cf03932
Signer Events Signature Timestamp
Todd Estes
Todd.Estes@cityofdenton.com
City Engineer
Capital Projects
Security Level: Email, Account Authentication
(None)
Signature Adoption: Drawn on Device
Using IP Address: 174.206.0.194
Signed using mobile
Sent: 3/4/2020 12:46:20 PM
Viewed: 3/5/2020 8:42:15 AM
Signed: 3/5/2020 8:42:54 AM
Electronic Record and Signature Disclosure:
Accepted: 3/2/2020 8:15:50 PM
ID: b334cb2a-81a7-49c8-88ab-9a93607eb51c
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Contract Administrator
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 3/5/2020 8:42:57 AM
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 11:02:14 AM
ID: 57619fbf-2aec-4b1f-805d-6bd7d9966f21
Rosa Rios
rosa.rios@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Contract Administrator
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 2/27/2020 5:26:09 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Sherri Thurman
sherri.thurman@cityofdenton.com
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 3/5/2020 8:42:56 AM
Carbon Copy Events Status Timestamp
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
Zolaina Parker
Zolaina.Parker@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Pamela Alummootti
Pamela.Alummoottil@cityofdenton.com
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Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
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City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 20-683,Version:1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton,a Texas home-rule municipal corporation,authorizing
the City Manager to execute a contract with Carahsoft Technology Corporation,through the Department of
Information Resources (DIR)Cooperative Purchasing Network Contract#DIR-TSO-4288 for the purchase of
various software as a Service,Products and Related Services;providing for the expenditure of funds therefor;
and providing an effective date (File 7319 -awarded to Carahsoft Technology Corporation,in the five (5)year
not-to-exceed amount of $400,000).
City of Denton Printed on 3/27/2020Page 1 of 1
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City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Procurement & Compliance
CFO: Antonio Puente, Jr.
DATE: March 31, 2020
SUBJECT
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation,
authorizing the City Manager to execute a contract with Carahsoft Technology Corporation, through the
Department of Information Resources (DIR) Cooperative Purchasing Network Contract# DIR-TSO-4288
for the purchase of various software as a Service, Products and Related Services; providing for the
expenditure of funds therefor; and providing an effective date (File 7319 – awarded to Carahsoft
Technology Corporation, in the five (5) year not-to-exceed amount of $400,000).
INFORMATION /BACKGROUND
Carahsoft Technology Corporation provides Software as a Service, Products and Related Services. The City
of Denton currently uses Carahsoft for licenses for various applications to be used on or accessed by City
workstations, mobile devices, and servers. This allows the City to acquire vendor implementation services,
proving efficiencies in implementing new software solutions. These services include but may not be limited
to the configuration of the software, development of interfaces, professional services related to the
deployment of the software solution and end-user training.
Examples of software and services purchased via this agreement:
• Docusign – Software used to electronically sign, prepare, and manage agreements or contracts.
• Adobe software – Software used to create, convert and edit PDFs or documents.
Pricing obtained through the Department of Information Resources (DIR) Cooperative Purchasing Network
has been competitively bid and meets the statutory requirements of Texas Local Government Code 271.102.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On January 28, 2020, Council approved the interlocal agreement with the Department of Information
Resources Purchasing Network (Ordinance 20-196).
RECOMMENDATION
Award a contract with Carahsoft Technology Corporation, for the purchase of various software as a Service,
Products and Related Services, in a five (5) year not-to-exceed amount of $400,000.
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
PRINCIPAL PLACE OF BUSINESS
Carahsoft Technology Corporation
Reston, VA
ESTIMATED SCHEDULE OF PROJECT
This is five (5) year contract.
FISCAL INFORMATION
These products and services will be funded through the using department’s budget on an as needed basis.
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Pricing Sheet
Exhibit 3: Ordinance
Respectfully submitted:
Lori Hewell, 940-349-7100
Purchasing Manager
For information concerning this acquisition, contact: Melissa Kraft, 940-349-7823.
Legal point of contact: Mack Reinwand at 940-349-8333.
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ORDINANCE NO. __ _
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL
CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
WITH CARAHSOFT TECHNOLOGY CORPORATION, THROUGH THE DEPARTMENT OF
INFORMATION RESOURCES (DIR) COOPERATIVE PURCHASING NETWORK
CONTRACT# DIR-TS0-4288 FOR THE PURCHASE OF V ARlO US SOFTWARE AS A
SERVICE, PRODUCTS AND RELATED SERVICES; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE
7319-AWARDED TO CARAHSOFT TECHNOLOGY CORPORATION, IN THE FIVE (S)
YEAR NOT-TO-EXCEED AMOUNT OF $400,000).
WHEREAS, pursuant to Ordinance 20-196, the Department oflnformation Resources has
solicited, received, and tabulated competitive bids for the purchase of necessary materials,
equipment, supplies or services in accordance with the procedures of state law on behalf of the City
ofDenton; and
WHEREAS, the City Manager, or a designated employee, has reviewed and recommended
that the herein described materials, equipment, supplies or services can be purchased by the City
through the State of Texas Department of Information Services Go Direct Program at less cost than
the City would expend if bidding these items individually; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The numbered items in the following numbered purchase order for materials,
equipment, supplies, or services, shown in the "File Number" listed hereon, and on file in the office
of the Purchasing Agent, are hereby approved:
FILE NUMBER
7319
VENDOR
Carahsoft Tech Corp.
AMOUNT
$400,000
SECTION 2. By the acceptance and approval of the above numbered items set forth in the
attached purchase orders, the City accepts the offer of the persons submitting the bids to the State of
Texas Department oflnformation Services Go Direct Program for such items and agrees to purchase
the materials, equipment, supplies or services in accordance with the terms, conditions,
specifications, standards, quantities and for the specified sums contained in the bid documents, and
related documents filed with the State of Texas Department of Information Services Go Direct
Program, and the purchase orders issued by the City.
SECTION 3. Should the City and persons submitting approved and accepted items set forth
in this ordinance wish to enter into a formal written agreement as a result of the City's ratification of
bids awarded by the State of Texas Department of Information Services Go Direct Program, the
City Manager or his designated representative is hereby authorized to execute the written contract
which shall be attached hereto, provided that the written contract is in accordance with the terms,
conditions, specifications and standards contained in the Proposal submitted to the State of Texas
Department of Information Services Go Direct Program, quantities and specified sums contained in
the City's purchase orders, and related documents herein approved and accepted.
SECTION 4. By the acceptance and approval ofthe above enumerated bids, the City Council
hereby authorizes the expenditure of funds therefor in the amount and in accordance with the
approved bids.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by and
seconded by the ordinance was passed and approved by
the following vote[_-__]:
Aye Nay Abstain Absent
Mayor, Chris Watts:
Gerard Hudspeth, District 1 :
Keely G. Briggs, District 2:
Jesse Davis, District 3:
John Ryan, District 4:
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED this the ___ day of _________ ___J 2020.
CHRIS WATTS, MAYOR
ATTEST:
ROSARJOS, CITY SECRETARY
BY: ----------------------
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY !l
BY b&i 16,'--uu,,(p)
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 20-684,Version:1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton,a Texas home-rule municipal corporation,authorizing
the City Manager to execute a Professional Services Agreement with Garver,LLC to perform preliminary
design,permit identification,surveying,environmental,and geotechnical services for the Clear Creek
Wastewater Lift Station and Forcemain as set forth in the contract;providing for the expenditure of funds
therefor;and providing an effective date (RFQ 6590-088 -Professional Services Agreement for design services
awarded to Garver,LLC in the not-to-exceed amount of $493,685).The Public Utilities Board recommends
approval (7-0).
City of Denton Printed on 3/27/2020Page 1 of 1
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City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Procurement & Compliance
CFO: Antonio Puente, Jr.
DATE: March 31, 2020
SUBJECT
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation,
authorizing the City Manager to execute a Professional Services Agreement with Garver, LLC to perform
preliminary design, permit identification, surveying, environmental, and geotechnical services for the Clear
Creek Wastewater Lift Station and Forcemain as set forth in the contract; providing for the expenditure of
funds therefor; and providing an effective date (RFQ 6590-088 – Professional Services Agreement for
design services awarded to Garver, LLC in the not-to-exceed amount of $493,685). The Public Utilities
Board recommends approval (7-0).
INFORMATION/BACKGROUND
The City of Denton Wastewater Utility operates a wastewater collection system comprised of over 500
miles of gravity sewer lines, 30 lift stations and 26 miles of pressurized force mains. Presently there is no
significant wastewater capacity available north of Loop 288, where the land generally drains north to the
Clear Creek Basin. The proposed Clear Creek Wastewater Lift Station and forcemain are included in the
Utility’s Impact Fee Capital Improvement Plan and budgeted in the Utility‘s 5-year Capital Improvement
Plan, with design and Right-of-Way acquisition beginning in FY2020, and construction budgeted in
FY2021.
The proposed Clear Creek Wastewater Lift Station is generally located along Hartlee Field Road, north of
the Clear Creek Natural Heritage Center on property owned by the Wastewater Utility. Ongoing
development in the Sherman Drive corridor and development interest in the area have made the facility
necessary. It will initially serve the land area north of Hartlee Field Road and extending west to FM
428/Sherman Drive. Ultimately, the station is intended to serve the Clear Creek drainage basin extending
west to IH35E and beyond. More importantly, in the next 5 - 10 years, this project will allow the City to
eliminate two (2) existing and two (2) or more proposed lift stations east of North Locust Street, lowering
operation and maintenance costs and, reducing flows in the Cooper Creek wastewater basin.
The contract under consideration includes the Preliminary Engineering Phase of the Project. The
preliminary phase includes a route analysis to select the most favorable forcemain and gravity interceptor
alignments, including hydraulic modelling, landowner research and discussions with right-of-way
stakeholders. The Preliminary Engineering Phase will include 30% Design Plans. As a final route is not yet
selected, the scope and fee for detailed Final Design cannot be contemplated at this point.
Following approval of the Preliminary Design Report, Staff intends to negotiate Final Design and
Construction Phase Services.
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
Staff elected to solicit a formal scope and fee proposal from the pre-qualified firm Garver, LLC (RFQ 6590)
due to their history of past performance with the City and the firm’s qualifications in the field of lift station
and forcemain engineering and design. Staff received an initial proposal from Garver in the amount of
$544,701, and through negotiations, agreed to a fee of $493,685 without a reduction in the Scope of Services.
A total of $2,000,000 was included in the capital improvement plan for the fiscal year 2020 for the design
and Right-of-Way acquisition for the Clear Creek Wastewater Lift Station and Forcemain.
Request for Qualifications for professional engineering services was solicited using the City’s formal
solicitation process. City Council approved a pre-qualified list of engineering firms on March 6, 2018, and
June 5, 2018 (Ordinance 2018-331).
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On March 6, 2018, and June 5, 2018, Council approved RFQ 6590 for a prequalified list of professional
engineering firms (Ordinance 2018-331).
On March 9, 2020, the Public Utilities Board (PUB) recommended this item to the City Council for
consideration.
RECOMMENDATION
Award a contract with Garver, LLC, for preliminary design, permit identification, surveying, environmental,
and geotechnical services for the Clear Creek Wastewater Lift Station and Forcemain, in a not-to-exceed
amount of $493,685.
PRINCIPAL PLACE OF BUSINESS
Garver, LLC
Frisco, TX
ESTIMATED SCHEDULE OF PROJECT
This project will be started upon approval with a completion date within 210 days.
FISCAL INFORMATION
These services will be funded from Clear Creek Basin Pump Station account 640419545.1360.40100.
Requisition # 145319 has been entered into the Purchasing software system in the amount of $493,685. The
budgeted amount for this item is $493,685.
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: LLC Members
Exhibit 3: Ordinance and Contract
Respectfully submitted:
Lori Hewell, 940-349-7100
Purchasing Manager
For information concerning this acquisition, contact: Frank Pugsley at 940-349-8086.
Legal point of contact: Mack Reinwand at 940-349-8333.
ORDINANCE NO. -------
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL
CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH GARVER, LLC TO PERFORM PRELIMINARY DESIGN,
PERMIT IDENTIFICATION, SURVEYING, ENVIRONMENTAL, AND GEOTECHNICAL
SERVICES FOR THE CLEAR CREEK WASTEWATER LIFT STATION AND FORCEMAIN AS
SET FORTH IN THE CONTRACT; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFQ 6590-088-PROFESSIONAL
SERVICES AGREEMENT FOR DESIGN SERVICES AWARDED TO GARVER, LLC IN THE
NOT-TO-EXCEED AMOUNT OF $493,685).
WHEREAS, on March 6, 2018, and June 5, 2018, the City Council approved a pre-qualified
engineer list (Ordinance 20 18-3 31) and the professional services provider (the "Provider'') mentioned
in this ordinance is being selected as the most highly qualified on the basis of its demonstrated
competence and qualifications to perform the proposed professional services; and
WHEREAS, the fees under the proposed contract are fair and reasonable and are consistent
with, and not higher than the recommended practices and fees published by the professional
associations applicable to the Provider's profession, and such fees do not exceed the maximum
provided by law; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager is hereby authorized to enter into an agreement with Garver,
LLC, to provide professional design services for the City of Denton, a copy of which is attached
hereto and incorporated by reference herein.
SECTION 2. The City Manager is authorized to expend funds as required by the attached
contract.
SECTION 3. The City Council of the City of Denton, hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City ofDenton
under this ordinance to the City Manager of the City of Denton, or his designee.
SECTION 4. The findings in the preamble ofthis ordinance are incorporated herein by
reference.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by and seconded by
____________ __:>the ordinance was passed and approved by the following vote
L_-__]:
..
Aye Nay Abstain Absent
Mayor Chris Watts:
Gerard Hudspeth, District 1:
Keely G. Briggs, District 2:
Jesse Davis, District 3:
John Ryan, District 4:
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED this the ___ day of __________ __, 2020.
CHRIS WATTS, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
BY: --------------
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY:
Docusign City Council Transmittal Coversheet
File Name
Purchasing Contact
City Council Target Date
Piggy Back Option
Contract Expiration
Ordinance
DocuSign Envelope ID: 5630202E-0990-4759-B1E5-006B034AB1B5
6590-088PSA
Not Applicable
Crystal Westbrook
CLEAR CREEK WASTEWATER LIFT STATION
City of Denton, Texas 6590-084
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 1 of 17
CITY OF DENTON, TEXAS
STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL
SERVICES #6590-088
This AGREEMENT is between the City of Denton, a Texas home-rule municipality
("CITY"), and Garver, LLC, with its corporate office at 3010 Gaylord PKWY, STE 190,
Frisco, TX 75034 and authorized to do business in Texas, ("ENGINEER"), for a PROJECT
generally described as: engineering services for the design and construction phase
services for the CLEAR CREEK WASTEWATER LIFT STATION AND FORCEMAIN (the
"PROJECT").
SECTION 1
Scope of Services
A. The CITY hereby agrees to retain the ENGINEER, and the ENGINEER hereby agrees
to perform, professional engineering services set forth in the Scope of Services
attached hereto as Attachment A. These services shall be performed in connection
with the PROJECT.
B. Additional services, if any, will be requested in writing by the CITY. CITY shall not
pay for any work performed by ENGINEER or its consultants, subcontractors and/or
suppliers that has not been ordered in advance and in writing. It is specifically
agreed that ENGINEER shall not be compensated for any additional work resulting
from oral orders of any person.
SECTION 2
Compensation and Term of Agreement
A. The ENGINEER shall be compensated for all services provided pursuant to this
AGREEMENT in an amount not to exceed $493,685 in the manner and in accordance
with the fee schedule as set forth in Attachment A. Payment shall be considered full
compensation for all labor, materials, supplies, and equipment necessary to
complete the services described in Attachment A.
B. Unless otherwise terminated pursuant to Section 6. D. herein, this AGREEMENT shall
be for a term beginning upon the effective date, as described below, and shall continue
for a period which may reasonably be required for the completion of the PROJECT,
until the expiration of the funds, or completion of the PROJECT and acceptance by the
CITY, whichever occurs first. ENGINEER shall proceed diligently with the PROJECT to
completion as described in the PROJECT schedule as set forth in Attachment A.
DocuSign Envelope ID: 5630202E-0990-4759-B1E5-006B034AB1B5
City of Denton, Texas 6590-084
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 2 of 17
SECTION 3
Terms of Payment
Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation, including but not
limited to meeting the requirements set forth in the PROJECT schedule as set
forth in Attachment A to reasonably substantiate the invoices.
(2) The ENGINEER will issue monthly invoices for all work performed under this
AGREEMENT. Invoices for the uncontested performance of the particular
services are due and payable within 30 days of receipt by City.
(3) Upon completion of services enumerated in Section 1, the final payment of any
balance for the uncontested performance of the services will be due within 30
days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that portion so contested will
be withheld from payment, and the undisputed portion will be paid. The CITY
will exercise reasonableness in contesting any bill or portion thereof. No
interest will accrue on any contested portion of the billing until mutually resolved.
(5) If the CITY fails to make payment in full to ENGINEER for billings contested in
good faith within 60 days of the amount due, the ENGINEER may, after giving 7
days' written notice to CITY, suspend services under this AGREEMENT until
paid in full. In the event of suspension of services, the ENGINEER shall have
no liability to CITY for delays or damages caused the CITY because of such
suspension of services.
SECTION 4
Obligations of the Engineer
A. General
The ENGINEER will serve as the CITY's professional engineering representative under
this AGREEMENT, providing professional engineering consultation and advice and
furnishing customary services incidental thereto.
B. Standard of Care
The ENGINEER shall perform its services:
DocuSign Envelope ID: 5630202E-0990-4759-B1E5-006B034AB1B5
City of Denton, Texas 6590-084
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 3 of 17
(1) with the professional skill and care ordinarily provided by competent engineers
practicing in the same or similar locality and under the same or similar
circumstances and professional license; and
(2) as expeditiously as is prudent considering the ordinary professional skill and
care of a competent engineer.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering work to be
performed hereunder. The ENGINEER shall also advise the CITY concerning
the results of same. Such surveys, tests, and investigations shall be furnished
by the CITY, unless otherwise specified in Attachment A.
(2) In soils, foundation, groundwater, and other subsurface investigations, the
actual characteristics may vary significantly between successive test points and
sample intervals and at locations other than where observations, exploration,
and investigations have been made. Because of the inherent uncertainties in
subsurface evaluations, changed or unanticipated underground conditions may
occur that could affect the total PROJECT cost and/or execution. These
conditions and cost/execution effects are not the responsibility of the
ENGINEER.
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in ink on
reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by
CITY, which shall become the property of the CITY. CITY may use such drawings in any
manner it desires; provided, however, that the ENGINEER shall not be liable for the use of
such drawings for any project other than the PROJECT described herein.
E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction site,
whether as on-site representatives or otherwise, do not make the ENGINEER or
its personnel in any way responsible for those duties that belong to the CITY
and/or the CITY's construction contractors or other entities, and do not relieve
the construction contractors or any other entity of their obligations, duties, and
responsibilities, including, but not limited to, all construction methods, means,
techniques, sequences, and procedures necessary for coordinating and
completing all portions of the construction work in accordance with the
AGREEMENT Documents and any health or safety precautions required by
such construction work. The ENGINEER and its personnel have no authority to
DocuSign Envelope ID: 5630202E-0990-4759-B1E5-006B034AB1B5
City of Denton, Texas 6590-084
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 4 of 17
exercise any control over any construction contractor or other entity or their
employees in connection with their work or any health or safety precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth in
Attachment A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the progress
or quality of the completed work on the PROJECT or to determine, in general, if
the work on the PROJECT is being performed in a manner indicating that the
PROJECT, when completed, will be in accordance with the AGREEMENT
Documents, nor shall anything in the AGREEMENT Documents or this
AGREEMENT between CITY and ENGINEER be construed as requiring
ENGINEER to make exhaustive or continuous on-site inspections to discover
latent defects in the work or otherwise check the quality or quantity of the work
on the PROJECT. If the ENGINEER makes on-site observation(s) of a
deviation from the AGREEMENT Documents, the ENGINEER shall inform the
CITY.
(3) When professional certification of performance or characteristics of materials,
systems or equipment is reasonably required to perform the services set forth in
the Scope of Services, the ENGINEER shall be entitled to rely upon such
certification to establish materials, systems or equipment and performance
criteria to be required in the AGREEMENT Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the current
available information at the time of preparation, in accordance with
Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility projections,
and schedules for the PROJECT, the ENGINEER has no control over cost or
price of labor and materials; unknown or latent conditions of existing equipment
or structures that may affect operation or maintenance costs; competitive
bidding procedures and market conditions; time or quality of performance by
third parties; quality, type, management, or direction of operating personnel; and
other economic and operational factors that may materially affect the ultimate
PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty
that the CITY's actual PROJECT costs, financial aspects, economic feasibility,
or schedules will not vary from the ENGINEER's opinions, analyses, projections,
or estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction progress
payments to the construction contractor will be based on the ENGINEER's knowledge,
DocuSign Envelope ID: 5630202E-0990-4759-B1E5-006B034AB1B5
City of Denton, Texas 6590-084
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 5 of 17
information, and belief from selective sampling and observation that the work has
progressed to the point indicated. Such recommendations do not represent that
continuous or detailed examinations have been made by the ENGINEER to ascertain that
the construction contractor has completed the work in exact accordance with the
AGREEMENT Documents; that the final work will be acceptable in all respects; that the
ENGINEER has made an examination to ascertain how or for what purpose the
construction contractor has used the moneys paid; that title to any of the work, materials,
or equipment has passed to the CITY free and clear of liens, claims, security interests, or
encumbrances; or that there are not other matters at issue between the CITY and the
construction contractor that affect the amount that should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of information compiled
and furnished by others, and may not always represent the exact location, type of various
components, or exact manner in which the PROJECT was finally constructed. The
ENGINEER is not responsible for any errors or omissions in the information from others
that is incorporated into the record drawings.
I. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after
final payment under this AGREEMENT, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers and
records of the ENGINEER involving transactions relating to this AGREEMENT.
ENGINEER agrees that the CITY shall have access during normal working
hours to all necessary ENGINEER facilities and shall be provided adequate and
appropriate work space in order to conduct audits in compliance with the
provisions of this section. The CITY shall give ENGINEER reasonable advance
notice of intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the CITY
shall, until the expiration of five (5) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such subconsultant,
involving transactions to the subcontract, and further, that the CITY shall have
access during normal working hours to all subconsultant facilities, and shall be
provided adequate and appropriate work space, in order to conduct audits in
compliance with the provisions of this section together with subsection (3)
hereof. CITY shall give subconsultant reasonable advance notice of intended
audits.
(3) ENGINEER and subconsultant agree to photocopy such documents as may be
requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost
DocuSign Envelope ID: 5630202E-0990-4759-B1E5-006B034AB1B5
City of Denton, Texas 6590-084
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 6 of 17
of copies at the rate published in the Texas Administrative Code in effect as of
the time copying is performed.
J. INSURANCE
(1) ENGINEER’S INSURANCE
a. Commercial General Liability – the ENGINEER shall maintain
commercial general liability (CGL) and, if necessary, commercial
umbrella insurance with a limit of not less than $1,000,000.00 per each
occurrence with a $2,000,000.00 aggregate. If such Commercial General
Liability insurance contains a general aggregate limit, it shall apply
separately to this PROJECT or location.
i. The CITY shall be included as an additional insured with all rights
of defense under the CGL, using ISO additional insured
endorsement or a substitute providing equivalent coverage, and
under the commercial umbrella, if any. This insurance shall apply
as primary insurance with respect to any other insurance or self-
insurance programs afforded to the CITY. The Commercial
General Liability insurance policy shall have no exclusions or
endorsements that would alter or nullify: premises/operations,
products/completed operations, contractual, personal injury, or
advertising injury, which are normally contained within the policy,
unless the CITY specifically approves such exclusions in writing.
ii. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the commercial general
liability or commercial umbrella liability insurance maintained in
accordance with this AGREEMENT.
b. Business Auto – the ENGINEER shall maintain business auto liability
and, if necessary, commercial umbrella liability insurance with a limit of
not less than $1,000,000 each accident. Such insurance shall cover
liability arising out of “any auto”, including owned, hired, and non-owned
autos, when said vehicle is used in the course of the PROJECT. If the
engineer owns no vehicles, coverage for hired or non-owned is
acceptable.
i. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the business auto liability or
commercial umbrella liability insurance obtained by ENGINEER
pursuant to this AGREEMENT or under any applicable auto
DocuSign Envelope ID: 5630202E-0990-4759-B1E5-006B034AB1B5
City of Denton, Texas 6590-084
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 7 of 17
physical damage coverage.
c. Workers’ Compensation – ENGINEER shall maintain workers
compensation and employers liability insurance and, if necessary,
commercial umbrella liability insurance with a limit of not less than
$100,000.00 each accident for bodily injury by accident or $100,000.00
each employee for bodily injury by disease, with $500,000.00 policy limit.
i. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by workers compensation and
employer’s liability or commercial umbrella insurance obtained by
ENGINEER pursuant to this AGREEMENT.
d. Professional Liability – ENGINEER shall maintain professional liability, a
claims-made policy, with a minimum of $1,000,000.00 per claim and
aggregate. The policy shall contain a retroactive date prior to the date of
the AGREEMENT or the first date of services to be performed,
whichever is earlier. Coverage shall be maintained for a period of 5 years
following the completion of the AGREEMENT. An annual certificate of
insurance specifically referencing this PROJECT shall be submitted to
the CITY for each year following completion of the AGREEMENT.
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be attached to this AGREEMENT prior to its
execution.
b. Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, subject to any defense provided by the policy, as its
interests may appear. The term CITY shall include its employees,
officers, officials, agents, and volunteers as respects the contracted
services.
c. Certificate(s) of insurance shall document that insurance coverage
specified in this AGREEMENT are provided under applicable policies
documented thereon.
d. Any failure on part of the CITY to attach the required insurance
documentation hereto shall not constitute a waiver of the insurance
requirements.
e. A minimum of thirty (30) days notice of cancellation or material change in
coverage shall be provided to the CITY. A ten (10) days notice shall be
DocuSign Envelope ID: 5630202E-0990-4759-B1E5-006B034AB1B5
City of Denton, Texas 6590-084
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 8 of 17
acceptable in the event of non-payment of premium. Notice shall be sent
to the respective Department Director (by name), City of Denton, 901
Texas Street, Denton, Texas 76209.
f. Insurers for all policies must be authorized to do business in the State of
Texas and have a minimum rating of A:V or greater, in the current A.M.
Best Key Rating Guide or have reasonably equivalent financial strength
and solvency to the satisfaction of Risk Management.
g. Any deductible or self insured retention in excess of $25,000.00 that
would change or alter the requirements herein is subject to approval by
the CITY in writing, if coverage is not provided on a first-dollar basis. The
CITY, at it sole discretion, may consent to alternative coverage
maintained through insurance pools or risk retention groups. Dedicated
financial resources or letters of credit may also be acceptable to the
CITY.
h. Applicable policies shall each be endorsed with a waiver of subrogation
in favor of the CITY as respects the PROJECT.
i. The CITY shall be entitled, upon its request and without incurring
expense, to review the ENGINEER's insurance policies including
endorsements thereto and, at the CITY's discretion; the ENGINEER may
be required to provide proof of insurance premium payments.
j. Lines of coverage, other than Professional Liability, underwritten on a
claims-made basis, shall contain a retroactive date coincident with or
prior to the date of the AGREEMENT. The certificate of insurance shall
state both the retroactive date and that the coverage is claims-made.
k. Coverages, whether written on an occurrence or claims-made basis,
shall be maintained without interruption nor restrictive modification or
changes from date of commencement of the PROJECT until final
payment and termination of any coverage required to be maintained after
final payments.
l. The CITY shall not be responsible for the direct payment of any
insurance premiums required by this AGREEMENT.
m. Sub consultants and subcontractors to/of the ENGINEER shall be
required by the ENGINEER to maintain the same or reasonably
equivalent insurance coverage as required for the ENGINEER. When
sub consultants/subcontractors maintain insurance coverage,
ENGINEER shall provide CITY with documentation thereof on a
certificate of insurance.
DocuSign Envelope ID: 5630202E-0990-4759-B1E5-006B034AB1B5
City of Denton, Texas 6590-084
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 9 of 17
K. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant and not as a
subcontractor, agent, or employee of the CITY. The doctrine of respondeat superior
shall not apply.
L. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of
any existing conflicts of interest or potential conflicts of interest, including personal financial
interest, direct or indirect, in property abutting the proposed PROJECT and business
relationships with abutting property cities. The ENGINEER further acknowledges that it will
make disclosure in writing of any conflicts of interest that develop subsequent to the
signing of this AGREEMENT and prior to final payment under the AGREEMENT.
M. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or suspected,
the ENGINEER will stop its own work in the affected portions of the PROJECT
to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the CITY may
request the ENGINEER to assist in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
N. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published design
criteria and/or current engineering practice standards which the ENGINEER should have
been aware of at the time this AGREEMENT was executed, the ENGINEER shall revise
plans and specifications, as required, at its own cost and expense. However, if design
changes are required due to the changes in the permitting authorities' published design
criteria and/or practice standards criteria which are published after the date of this
AGREEMENT which the ENGINEER could not have been reasonably aware of, the
ENGINEER shall notify the CITY of such changes and an adjustment in compensation will
be made through an amendment to this AGREEMENT.
O. Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule developed per
Attachment A to this AGREEMENT.
P. Equal Opportunity
DocuSign Envelope ID: 5630202E-0990-4759-B1E5-006B034AB1B5
City of Denton, Texas 6590-084
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 10 of 17
(1) Equal Employment Opportunity: ENGINEER and ENGINEER’s agents
shall engage in any discriminatory employment practice. No person shall, on
the grounds of race, sex, sexual orientation, age, disability, creed, color, genetic
testing, or national origin, be refused the benefits of, or be otherwise subjected
to discrimination under any activities resulting from this AGREEMENT.
(2) Americans with Disabilities Act (ADA) Compliance: ENGINEER and
ENGINEER’s agents shall not engage in any discriminatory employment
practice against individuals with disabilities as defined in the ADA.
SECTION 5
Obligations of the City
A. City-Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of the information
provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for the
ENGINEER's performance of its services. The CITY will perform, at no cost to the
ENGINEER, such tests of equipment, machinery, pipelines, and other components of the
CITY's facilities as may be required in connection with the ENGINEER's services. The
CITY will be responsible for all acts of the CITY's personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and
pay for all advertisements for bids; permits and licenses required by local, state, or federal
authorities; and land, easements, rights-of-way, and access necessary for the
ENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney, insurance
counselor, accountant, auditor, bond and financial advisors, and other consultants as the
CITY deems appropriate; and render in writing decisions required by the CITY in a timely
manner in accordance with the PROJECT schedule prepared in accordance with
Attachment A.
DocuSign Envelope ID: 5630202E-0990-4759-B1E5-006B034AB1B5
City of Denton, Texas 6590-084
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 11 of 17
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY observes or
becomes aware of any development that affects the scope or timing of the ENGINEER's
services or of any defect in the work of the ENGINEER or construction contractors.
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos containing
materials, or conditions, and that ENGINEER had no prior role in the
generation, treatment, storage, or disposition of such materials. In
consideration of the associated risks that may give rise to claims by third
parties or employees of City, City hereby releases ENGINEER from any
damage or liability related to the presence of such materials.
(2) The release required above shall not apply in the event the discharge, release
or escape of hazardous substances, contaminants, or asbestos is a result of
ENGINEER’s negligence or if ENGINEER brings such hazardous substance,
contaminant or asbestos onto the PROJECT.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of Article IV.E.
regarding the ENGINEER's Personnel at Construction Site, and provisions providing for
contractor indemnification of the CITY and the ENGINEER for contractor's negligence.
H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain no
direct action against the ENGINEER, its officers, employees, and
subcontractors, for any claim arising out of, in connection with, or
resulting from the engineering services performed. Only the CITY
will be the beneficiary of any undertaking by the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third-party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall
have no third-party beneficiary rights under this AGREEMENT.
DocuSign Envelope ID: 5630202E-0990-4759-B1E5-006B034AB1B5
City of Denton, Texas 6590-084
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 12 of 17
(4) Nothing contained in this Section H. shall be construed as a waiver of any right
the CITY has to bring a claim against ENGINEER.
I. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing structures
associated with the PROJECT.
(2) The CITY may secure Builders Risk/Installation insurance at the replacement
cost value of the PROJECT. The CITY may provide ENGINEER a copy of the
policy or documentation of such on a certificate of insurance.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required or requested
assistance to support, prepare, document, bring, defend, or assist in litigation undertaken
or defended by the CITY. In the event CITY requests such services of the ENGINEER, this
AGREEMENT shall be amended or a separate agreement will be negotiated between the
parties.
K. Changes
The CITY may make or approve changes within the general Scope of Services in this
AGREEMENT. If such changes affect the ENGINEER's cost of or time required for
performance of the services, an equitable adjustment will be made through an amendment
to this AGREEMENT with appropriate CITY approval.
SECTION 6
General Legal Provisions
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a
written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of the
ENGINEER, whether in hard copy or in electronic form, are instruments of service for this
PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by
the CITY or by others acting through or on behalf of the CITY of any such instruments of
service without the written permission of the ENGINEER will be at the CITY's sole risk.
The CITY shall own the final designs, drawings, specifications and documents.
DocuSign Envelope ID: 5630202E-0990-4759-B1E5-006B034AB1B5
City of Denton, Texas 6590-084
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 13 of 17
C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance caused by acts of
God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER
that prevent ENGINEER’s performance of its obligations hereunder.
D. Termination
(1) This AGREEMENT may be terminated:
a. by the City for its convenience upon 30 days' written notice to
ENGINEER.
b. by either the CITY or the ENGINEER for cause if either party fails
substantially to perform through no fault of the other and the
nonperforming party does not commence correction of such
nonperformance within 5 days’ written notice or thereafter fails to
diligently complete the correction.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a. Cost of reproduction of partial or complete studies, plans, specifications
or other forms of ENGINEER'S work product;
b. Out-of-pocket expenses for purchasing electronic data files and other
data storage supplies or services;
c. The time requirements for the ENGINEER'S personnel to document the
work underway at the time of the CITY'S termination for convenience so
that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will submit to the
CITY an itemized statement of all termination expenses. The CITY'S approval
will be obtained in writing prior to proceeding with termination services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for the
convenience of the CITY. In the event of such suspension, delay, or interruption, an
equitable adjustment in the PROJECT's schedule, commitment and cost of the
ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be
made.
DocuSign Envelope ID: 5630202E-0990-4759-B1E5-006B034AB1B5
City of Denton, Texas 6590-084
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 14 of 17
F. Indemnification
IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE SECTION 271.904,
THE ENGINEER SHALL INDEMNIFY OR HOLD HARMLESS THE CITY AGAINST
LIABILITY FOR ANY DAMAGE COMMITTED BY THE ENGINEER OR ENGINEER’S
AGENT, CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICH
THE ENGINEER EXERCISES CONTROL TO THE EXTENT THAT THE DAMAGE IS
CAUSED BY OR RESULTING FROM AN ACT OF NEGLIGENCE, INTENTIONAL
TORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY A
SUBCONTRACTOR OR SUPPLIER. CITY IS ENTITLED TO RECOVER ITS
REASONABLE ATTORNEY’S FEES IN PROPORTION TO THE ENGINEER’S
LIABILITY.
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior written
consent of the other party.
H. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims related to it. The venue for any
litigation related to this AGREEMENT shall be Denton County, Texas.
I. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason to be
invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability
will not affect any other provision, and this AGREEMENT shall be construed as if such
invalid, illegal, or unenforceable provision had never been contained herein. Sections 5.F.,
6.B., 6.D., 6.F., 6.H., and 6.I. shall survive termination of this AGREEMENT for any cause.
J. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State laws and
regulations and with all City ordinances and regulations which in any way affect this
AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws
ordinances and regulations which may exist or may be enacted later by governing bodies
having jurisdiction or authority for such enactment. No plea of misunderstanding or
ignorance thereof shall be considered. ENGINEER AGREES TO DEFEND, INDEMNIFY
AND HOLD HARMLESS CITY AND ALL OF ITS OFFICERS, AGENTS AND
EMPLOYEES FROM AND AGAINST ALL CLAIMS OR LIABILITY ARISING OUT OF
THE VIOLATION OF ANY SUCH ORDER, LAW, ORDINANCE, OR REGULATION,
WHETHER IT BE BY ITSELF OR ITS EMPLOYEES.
DocuSign Envelope ID: 5630202E-0990-4759-B1E5-006B034AB1B5
City of Denton, Texas 6590-084
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 15 of 17
K. Immigration Nationality Act
ENGINEER shall verify the identity and employment eligibility of its employees who
perform work under this AGREEMENT, including completing the Employment Eligibility
Verification Form (I-9). Upon request by CITY, ENGINEER shall provide CITY with
copies of all I-9 forms and supporting eligibility documentation for each employee who
performs work under this AGREEMENT. ENGINEER shall adhere to all Federal and
State laws as well as establish appropriate procedures and controls so that no services
will be performed by any ENGINEER employee who is not legally eligible to perform
such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS
FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS
PARAGRAPH BY ENGINEER, ENGINEER’S EMPLOYEES, SUBCONTRACTORS,
AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the
right to immediately terminate this AGREEMENT for violations of this provision by
ENGINEER.
L. Prohibition On Contracts With Companies Boycotting Israel
ENGINEER acknowledges that in accordance with Chapter 2270 of the Texas
Government Code, CITY is prohibited from entering into a contract with a company for
goods or services unless the contract contains a written verification from the company
that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the
contract. The terms “boycott Israel” and “company” shall have the meanings ascribed to
those terms in Section 808.001 of the Texas Government Code. By signing this
AGREEMENT, ENGINEER certifies that ENGINEER’S signature provides written
verification to the CITY that ENGINEER: (1) does not boycott Israel; and (2) will
not boycott Israel during the term of the AGREEMENT. Failure to meet or maintain
the requirements under this provision will be considered a material breach.
M. Prohibition On Contracts With Companies Doing Business with Iran, Sudan, or
a Foreign Terrorist Organization
Section 2252 of the Texas Government Code restricts CITY from contracting with
companies that do business with Iran, Sudan, or a foreign terrorist organization. By
signing this AGREEMENT, ENGINEER certifies that ENGINEER’S signature
provides written verification to the CITY that ENGINEER, pursuant to Chapter
2252, is not ineligible to enter into this AGREEMENT and will not become
ineligible to receive payments under this AGREEMENT by doing business with
Iran, Sudan, or a foreign terrorist organization. Failure to meet or maintain the
requirements under this provision will be considered a material breach.
N. Certificate of Interested Parties Electronic Filing
In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908
DocuSign Envelope ID: 5630202E-0990-4759-B1E5-006B034AB1B5
City of Denton, Texas 6590-084
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 16 of 17
of the Government Code. The law states that the City may not enter into this contract
unless the Contractor submits a disclosure of interested parties (Form 1295) to the City
at the time the Contractor submits the signed contract. The Texas Ethics Commission
has adopted rules requiring the business entity to file Form 1295 electronically with the
Commission.
Contractor will be required to furnish a Certificate of Interest Parties before the contract
is awarded, in accordance with Government Code 2252.908.
The contractor shall:
1. Log onto the State Ethics Commission Website at :
https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm
2. Register utilizing the tutorial provided by the State
3. Print a copy of the completed Form 1295
4. Enter the Certificate Number on page 2 of this contract.
5. Complete and sign the Form 1295
6. Email the form to purchasing@cityofdenton.com with the contract number in the
subject line. (EX: Contract 1234 – Form 1295)
The City must acknowledge the receipt of the filed Form 1295 not later than the 30th
day after Council award. Once a Form 1295 is acknowledged, it will be posted to the
Texas Ethics Commission’s website within seven business days.
O. Agreement Documents
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, which supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties. This AGREEMENT may be
executed in one or more counterparts and each counterpart shall, for all purposes, be
deemed an original, but all such counterparts shall together constitute but one and the
same instrument. The following attachments and schedules are hereby made a part of
this AGREEMENT:
Attachment A - Scope of Services, Project Schedule, and Compensation
These documents make up the AGREEMENT 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 AGREEMENT documents, the inconsistency or conflict shall
be resolved by giving precedence first to the written AGREEMENT then to the
AGREEMENT documents in the order in which they are listed above.
Duly executed by each party’s designated representative to be effective on the date
subscribed by the City Manager.
DocuSign Envelope ID: 5630202E-0990-4759-B1E5-006B034AB1B5
City of Denton, Texas 6590-084
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 17 of 17
BY:
CITY OF DENTON, TEXAS
BY:
TODD HILEMAN, CITY MANAGER
Date:__________________
GARVER, LLC.
JEFF SOBER, PRESIDENT
Date:____________________________
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
_________________________
Signature
_________________________
Title
_________________________
Department
Date Signed: ______________
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
By:
ATTEST:
ROSA RIOS, CITY SECRETARY
By:______________________________
_______________________________
TEXAS ETHICS COMMISSION
CERTIFICATE NUMBER
DocuSign Envelope ID: 5630202E-0990-4759-B1E5-006B034AB1B5
03/05/2020
2020-595720
3/5/2020
Director of Water and Wastewater Utilities
Water Utilities
Appendix A - Scope of Services 1 of 6 19W05315
Denton Clear Creek Basin Lift Station and Force Main
APPENDIX A – SCOPE OF SERVICES
Generally, the scope of services includes preliminary design for approximately 31,000 linear feet of 24-
inch force main, a new 7 MGD (approximate ultimate capacity) lift station with consideration for future
peak flow equalization, and approximately 6,500 linear feet of gravity sewer improvements. The
proposed lift station is located on City of Denton owned property north of Hartlee Field Road and the
proposed force main roughly follows the Collins Road right-of-way (ROW) south to a crossing of US
377 (E University Drive) where it roughly follows the Lakeview Blvd./S Trinity Road ROW south to
Grissom Road for ultimate discharge into a manhole on the 21-inch gravity line going into Pecan Creek
Wastewater Reclamation Plant (PCWRP). Garver will establish the final force main route, preliminary
lift station layout, easement needs, identify permitting implications, and collect preliminary survey,
geotechnical, and environmental to aid in development of alternatives. Garver will also prepare
preliminary opinions of probable construction cost for the force main, lift station, and gravity sewer
improvements.
Basic Services
1. General Items and Meetings
1.1. Kick-off Meeting – Conduct one (1) meeting with the City to confirm the goals, schedule, and
deliverables for the project. Meeting minutes will be prepared and distributed by Garver.
1.2. Pre-Design Site Visit – Perform initial site visit to determine location and site conditions for the
planned improvements.
1.3. PCWRP Coordination Meeting – Conduct one (1) meeting with the City to confirm and
coordinate the discharge location and design limits to the PCWRP. Meeting minutes will be
prepared and distributed by Garver.
1.4. Hydraulic Modeling Workshop – Participate in up to two (2) hydraulic modeling workshops with
the City to review City-generated flow projections and infrastructure sizing/staging. Meeting
minutes will be prepared and distributed by Garver.
1.5. PDR Review Meeting – Conduct one (1) meeting with the City to review the alternatives and
recommendations in the preliminary design report and establish the desired alternative for
preliminary design. Meeting minutes will be prepared and distributed by Garver.
1.6. Preliminary Design Workshop – Conduct one (1) meeting with the City to review the 30% plans
and establish the desired path forward for final design. Meeting minutes will be prepared and
distributed by Garver.
1.7. Miscellaneous Design Review Meetings – Conduct up to three (3) meetings with the City to
review design items throughout the project. Meeting minutes will be prepared and distributed
by Garver.
1.8. City of Denton Record Research – Coordinate with the City staff to obtain all available record
drawings and electronic files for existing utilities along the project corridor.
1.9. Record Research – Research all existing, city and franchise, utilities along the route.
Coordinate with agencies to obtain record drawings.
ATTACHMENT A
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Appendix A - Scope of Services 2 of 6 19W05315
Denton Clear Creek Basin Lift Station and Force Main
1.10. Team Management and Document Control – Manage all efforts of the project team,
individual team members, and sub-consultants and maintain appropriate records and
documentation of project decisions, modifications, activities, communication, correspondence,
and schedules.
1.11. Quality Control - At the major milestones a Principal or Senior Engineer will conduct a
review of the design. The QA/QC review will follow the Engineer’s guidelines and procedures
that have been established to assure the application of industry design practices. General
quality control measures will be implemented throughout the execution of the project.
2. Stakeholder Coordination and Permit Identification
During this project it is assumed that Garver will be required to update and meet with various
stakeholders regarding this project. Stakeholders may include Denton County, TxDOT, USACE,
Atmos, & UPRR.
2.1. TxDOT – This task includes general coordination with TxDOT throughout the design phase in
addition to one (1) design coordination meeting with TxDOT to discuss the US 377 crossing
and any upcoming improvements to the area. Meeting minutes will be prepared and distributed
by Garver. Garver will also identify the permitting requirements necessary for all proposed
TxDOT ROW crossings.
2.2. Denton County – This task includes general coordination with Denton County throughout the
design phase in addition to one (1) design coordination meeting with Denton County to discuss
the use of County ROW. Meeting minutes will be prepared and distributed by Garver.
2.3. USACE – This task includes general coordination with the USACE throughout the design
phase in addition to one (1) design coordination meeting with the USACE to discuss activities
around the Clear Creek Natural Heritage Center. Meeting minutes will be prepared and
distributed by Garver. Garver will also identify the potential permitting requirements necessary
for work in this area.
2.4. Miscellaneous Stakeholder Coordination – identify and perform general coordination with
remaining stakeholders to understand potential design impacts, permitting requirements, and
construction constraints. This coordination will be done via phone or email and does not
include additional coordination meetings.
3. Preliminary Design Report
Garver will develop the Preliminary Design Report (PDR), which will include the subtasks below:
3.1. Force Main Route Analysis – Identify potential betterments to the provided alignment taking
into consideration the future development and roadway improvements. Betterments include
general improvements to the existing route and do not include analysis of new pipeline
corridors. Included in this task is an evaluation of the existing ROW/easements and what
additional easements may be needed. Plan view exhibits will be prepared and provided to the
City for discussion.
3.2. Gravity Interceptor Route Analysis – Identify routes for potential collection system gravity
interceptors to convey flows to the proposed lift station. Up to two (2) alternatives will be
evaluated for each collection system interceptor. Included in this task is an evaluation of the
existing ROW/easements and what additional easements may be needed. Plan view exhibits
will be prepared and provided to the City for discussion.
DocuSign Envelope ID: 5630202E-0990-4759-B1E5-006B034AB1B5
Appendix A - Scope of Services 3 of 6 19W05315
Denton Clear Creek Basin Lift Station and Force Main
3.3. Hydraulic Evaluation – Garver will utilize GIS and proposed pipe routing to develop a hydraulic
model the proposed lift station system including the gravity interceptor, peak flow equalization,
lift station, and force main. Garver will host a hydraulic modeling workshop to confirm current
and future flows, design criteria, and other assumptions necessary for model development. A
system curve will be developed using flows provided by the Owner, and hydraulic profile of
the existing water reclamation plant. The hydraulic model will be developed from the gravity
interceptor through the discharge to the manhole upstream of the water reclamation plant.
These evaluations will be used to confirm sizing and cycle times for the proposed system.
3.4. Conceptual Lift Station Design – Evaluate site location and prepare conceptual designs for
the proposed lift station to convey the design flows established by the Owner. This includes
preliminary wet well sizing, preliminary pump sizing, conceptual site layout, identifying
electrical service needs, instrumentation and controls coordination, evaluating adjacent peak
flow storage, and developing a phasing plan. Up to two (2) conceptual layouts for the lift station
system will be evaluated.
3.5. Develop PDR – Garver will summarize the methodology and results of all evaluations/analyses
for the proposed improvements in a preliminary design report. An electronic draft of the report
will be submitted to the Owner for review. Owner review will be followed by the PDR Review
Meeting. Upon receiving comments from the Owner, GARVER will incorporate comments and
issue a final version of the PDR.
3.6. Conceptual OPCC – Garver will develop a conceptual level cost estimate (AACE Class 4)
using recently bid local projects as well as direct coordination with manufacturers and vendors
for significant systems of equipment. This OPCC will be included in the PDR. This cost
estimate will have a 40% contingency associated with it.
4. Preliminary Design Plans
Once Garver receives written approval on the final PDR presented to the Owner at the PDR Review
Meeting, Garver will begin developing 30% plans. The preliminary set of plans will include gravity
interceptor, forcemain, lift station design. The preliminary design phase will represent approximately 30
percent of final construction contract plans. This submittal will not include technical specifications or
“front end” contract documents. This task includes the following:
4.1. 30% Force Main Plans – Prepare alignment plan view drawings (1”:40’) scale for the proposed
force main. Only profiles for known conflicts will be provided. These plans will be to a 30%
level and will include the proposed pipeline, property ownership and easement needs,
trenchless construction identified, and spacing to existing infrastructure. Appurtenance
locations will not be included in this submittal. It is estimated that 22 plan sheets (stacked
layouts) will be developed as part of this submittal in addition to schematic profiles of known
conflicts. A coversheet and location map will be provided. No other construction notes, details,
traffic control plans, specifications, etc. will be provided as part of this submittal.
4.2. 30% Lift Station Plans – Prepare preliminary drawings for the proposed lift station. These plans
will be to a 30% level and will include site layout, process mechanical plan(s), structural
plan(s), electrical one-line diagram(s), and a process and instrumentation diagram. A
coversheet and location map will be provided. No other construction notes, details, traffic
control plans, specifications, etc. will be provided as part of this submittal.
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Appendix A - Scope of Services 4 of 6 19W05315
Denton Clear Creek Basin Lift Station and Force Main
4.3. 30% Gravity Interceptor Plans – Prepare alignment plan and profile drawings (1”:40’) scale for
the proposed gravity interceptors. These plans will be to a 30% level and will include proposed
pipeline and manhole locations, property ownership and easement needs, trenchless
construction identified, and spacing to existing infrastructure. It is estimated that 10 plan and
profile sheets will be developed as part of this submittal. A coversheet and location map will
be provided. No other construction notes, details, traffic control plans, specifications, etc. will
be provided as part of this submittal.
4.4. Preliminary OPCC – Garver will develop a conceptual level cost estimate (AACE Class 3)
using recently bid local projects as well as direct coordination with manufacturers and vendors
for significant systems of equipment. This cost estimate will have a 30% contingency
associated with it and will be presented at the Preliminary Design Workshop.
Special Services
5. Surveys
5.1. Establish project control using Global Positioning System (GPS) methodology. Horizontal
values will be based on the Texas State Plane Coordinate System, North American Datum of
1983, North Central Zone (4202) and scaled to surface coordinates. The vertical values will
be based on North American Vertical Datum of 1988 (NAV88) using Geoid 12B.
5.2. Provide aerial survey 200-feet on each side of the proposed alignment.
5.3. Collect LiDAR data and process point cloud to extract one-foot contours. Areas in which LiDAR
cannot obtain elevation data i.e. heavy vegetation will be supplemented with public LiDAR
data.
5.4. Show ownership and approximate property lines based on Denton County Appraisal City GIS
data.
6. Geotechnical Services
6.1. Drill, classify, and perform pertinent tests on soils at eight (8) locations. All borings will be to
a minimum depth of 35 feet below existing grade. Geotechnical testing will be performed to
provide design data and recommendations for excavation techniques, structural elements,
and any bores associated with the project. Observe groundwater seepage during drilling and
at completion of drilling and obtain a 24-hour water level reading.
6.2. Prepare a preliminary report containing general recommendations regarding surface
conditions, soil and geologic conditions along proposed pipeline alignment, excavation
considerations, and anticipated settlement, compaction, fill, and trench protection
requirements.
7. Environmental Services
Perform a Phase 1 Environmental Site Assessment (ESA) for this PROJECT to include, but not be
limited to, the following tasks:
DocuSign Envelope ID: 5630202E-0990-4759-B1E5-006B034AB1B5
Appendix A - Scope of Services 5 of 6 19W05315
Denton Clear Creek Basin Lift Station and Force Main
7.1. Obtain background data including, but not limited to, a GeoSearch Database Report that lists
known hazardous material sites, water well sites, oil and gas well sites, floodplain maps,
USGS topographic maps, current and historical aerial photography, and other readily available
data. Conduct interviews (if possible) of current or past landowners or operators. Owner shall
provide all information on environmentally sensitive or classified areas in the vicinity of the
improvements.
7.2. Conduct a field visit (one day) for assessing the existing and proposed alignments and
alternatives for potential hazardous materials.
7.3. Prepare a Phase I Environmental Site Assessment report summarizing the findings from the
data review and on-site investigation for inclusion in the preliminary draft report. The report
shall identify recognized environmental concerns which should be considered and potentially
avoided during the development of evaluation of alternatives due to potential groundwater or
soil contamination. The report will also identify regulatory requirements or resources (if any)
that may require additional study for local, state, or federal permitting.
Project Deliverables
The following will be submitted to the Owner, or others as indicated, by Garver:
A. Three (3) hard copies and electronic PDF of the Preliminary Design Report.
B. Three (3) half sized (11”x17”) copies and electronic PDF of the Preliminary Design plans.
C. One (1) copy and electronic PDF of the Geotechnical Report.
D. Electronic files as requested.
Extra Work
The following items are not included under this agreement but will be considered as extra work:
A. Redesign for the Owner’s convenience or due to changed conditions after previous alternate
direction and/or approval.
B. Submittals or deliverables in addition to those listed herein.
C. Profiling of the force main outside of known conflicts.
D. Topographic Survey
E. Boundary survey or easement document preparation.
F. Land or easement acquisition support.
G. Subsurface Utility Engineering.
H. Final design services.
I. Construction phase services.
J. Future flow projections or demand modeling. The City will provide anticipated flow projections
for Garver’s use in modeling.
K. Design of any utilities other than what is described herein.
L. Retaining walls or other significant structural design.
M. Environmental Handling and Documentation, including wetlands identification or mitigation
plans or other work related to environmentally or historically (culturally) significant items.
N. USACE Permitting.
O. Odor control.
P. Extra Work will be as directed by the Owner in writing for an addition fee as agreed upon by
the Owner and Garver.
DocuSign Envelope ID: 5630202E-0990-4759-B1E5-006B034AB1B5
Appendix A - Scope of Services 6 of 6 19W05315
Denton Clear Creek Basin Lift Station and Force Main
Schedule
Garver shall begin work under this Agreement within ten (10) days of a Notice to Proceed and shall
complete the work in accordance with the schedule below:
Phase Description Calendar Days
Survey 30 days from NTP
Geotechnical Engineering 60 days from NTP
Environmental Services 60 days from NTP
Draft PDR 90 days from NTP
Finalize PDR 30 days from receipt of Owner’s comments
Preliminary Design Plans 60 days from written approval of Final PDR
DocuSign Envelope ID: 5630202E-0990-4759-B1E5-006B034AB1B5
City of Denton
Clear Creek Basin Lift Station and Forcemain
FEE SUMMARY
Task No. Basic Services Estimated Fees Fee Type
1 General Items and Meetings $63,801 Lump Sum
2 Stakeholder Coordination and Permit Identification $21,920 Lump Sum
3 Preliminary Design Report $138,852 Lump Sum
4 Preliminary Design Plans $169,806 Lump Sum
Subtotal for Basic Services $394,379
Task No. Special Services Estimated Fees Fee Type
5 Survey $47,463 Time & Materials
6 Geotechnical Services $31,485 Time & Materials
7 Environmental Services $20,358 Lump Sum
Subtotal for Special Services $99,306
Total Proposed Contract Amount $493,685.00
Page 1 Fee Spreadsheet
DocuSign Envelope ID: 5630202E-0990-4759-B1E5-006B034AB1B5
City of Denton
Clear Creek Basin Lift Station and Forcemain
PRELIMINARY DESIGN
Senior
Engineer
Project
Manager
Project
Engineer
Engineer-In-
Training
Environmental
Specialist
Senior
Environmental
Specialist Designer
WORK TASK DESCRIPTION E-5 E-4 E-2 E-1 P-2 P-3 D-2 Expenses Subtotal Subconsultant Total Fee
1. General Items and Meetings
1.1 Kickoff Meeting 8 4 $100.00 $2,224.00 $2,224.00
1.2 Pre-Design Site Visit 8 4 $100.00 $2,224.00 $2,224.00
1.3 PCWRP Coordination Meeting 2 3 $100.00 $901.00 $901.00
1.4 Hydraulic Modeling Workshop (up to two)8 16 16 $750.00 $7,942.00 $7,942.00
1.5 PDR Review Meeting 2 8 10 $100.00 $3,500.00 $3,500.00
1.6 Preliminary Design Workshop (30% Plan Review)2 8 10 $100.00 $3,500.00 $3,500.00
1.7 Miscellaneous Design Review Meetings (up to three)6 6 12 $300.00 $4,506.00 $4,506.00
1.8 City of Denton Record Research 2 12 12 $3,408.00 $3,408.00
1.9 Record Research 2 8 12 $2,868.00 $2,868.00
1.10 Team Management and Document Control 40 20 $10,240.00 $10,240.00
1.11 Quality Control 40 16 40 40 $22,488.00 $22,488.00
Subtotal - General Items 58 116 79 84 0 0 40 $1,550.00 $63,801.00 $0.00 $63,801.00
2. Stakeholder Coordination and Permit Identification
2.1 TxDOT 6 8 12 20 $100.00 $7,022.00 $7,022.00
2.2 Denton County 6 8 8 12 $100.00 $5,554.00 $5,554.00
2.3 USACE 6 8 12 20 $100.00 $7,022.00 $7,022.00
2.4 Miscellaneous Stakeholder Coordination 2 16 $2,322.00 $2,322.00
Subtotal - Stakeholder Coordination 20 24 32 68 0 0 $300.00 $21,920.00 $0.00 $21,920.00
3.Preliminary Design Report
3.1 Force Main Route Analysis 4 32 40 96 60 $31,844.00 $31,844.00
3.2 Gravity Interceptor Sizing/Route Analysis 4 24 32 60 60 $25,004.00 $25,004.00
3.3 Hydraulic Evaluation 4 20 80 $15,692.00 $15,692.00
3.4 Conceptual Lift Station Design 12 36 100 40 40 $33,424.00 $33,424.00
3.5 PDR Development 16 72 92 $250.00 $28,906.00 $28,906.00
3.6 Conceptual OPCC 2 8 4 12 $3,982.00 $3,982.00
Subtotal - Preliminary Design Report 42 192 256 300 0 0 160 $250.00 $138,852.00 $0.00 $138,852.00
4.Preliminary Design Plans
4.1 30% Force Main Plans 8 24 80 100 200 $250.00 $56,066.00 $56,066.00
4.2 30% Gravity Interceptor Plans 4 12 60 80 160 $250.00 $42,378.00 $42,378.00
4.3 30% Lift Station Design 88 64 60 52 0 0 164 $250.00 $69,534.00 $69,534.00
Process Design 40 16 60 20 60 $30,948.00 $30,948.00
Site Civil Design 16 8 24 $7,872.00 $7,872.00
Electrical Design 12 16 0 12 24 $10,572.00 $10,572.00
I&C Design 8 16 $4,008.00 $4,008.00
Structural Design 12 32 0 12 40 $15,884.00 $15,884.00
4.4 Preliminary OPCC 2 2 2 6 $1,828.00 $1,828.00
Subtotal - Preliminary Design Plans 102 102 202 238 0 0 524 $750.00 $169,806.00 $0.00 $169,806.00
5 Survey
5.1 Collect LiDAR and Aerial Data 4 16 8 12 $5,488.00 $41,975.00 $47,463.00
Subtotal - Survey 0 4 16 8 0 0 12 $0.00 $5,488.00 $41,975.00 $47,463.00
6. Geotechnical Services
6.1 Drill up to eight borings/Preliminary Report 4 12 4 $2,860.00 $28,625.00 $31,485.00
Subtotal - Geotech 4 0 0 12 0 0 4 $0.00 $2,860.00 $28,625.00 $31,485.00
7. Environmental Services
7.1 Obtain background data 2 12 $1,500.00 $3,996.00 $3,996.00
7.2 Field Visit 16 $100.00 $2,900.00 $2,900.00
7.3 Phase I Environmental Site Assessment 4 60 10 $13,462.00 $13,462.00
Subtotal - Environmental 0 6 0 0 88 10 0 $1,600.00 $20,358.00 $0.00 $20,358.00
Total Hours 226 444 585 710 88 10 740 $4,450.00 $423,085.00 $70,600.00 $493,685.00
SUBTOTAL - GARVER $423,085.00
SUBTOTAL - SUBCONSULTANTS $70,600.00
TOTAL FEE:$493,685.00
hours
DocuSign Envelope ID: 5630202E-0990-4759-B1E5-006B034AB1B5
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.
1 Name of vendor who has a business relationship with local governmental entity.
2
Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th 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
DocuSign Envelope ID: 5630202E-0990-4759-B1E5-006B034AB1B5
CIQ
GARVER, LLC
X
None
N/A
X
3/5/2020
X
Certificate Of Completion
Envelope Id: 5630202E09904759B1E5006B034AB1B5 Status: Sent
Subject: Please DocuSign: City Council Contract 6590-088 Garver, LLC
Source Envelope:
Document Pages: 27 Signatures: 4 Envelope Originator:
Certificate Pages: 6 Initials: 1 Crystal Westbrook
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
crystal.westbrook@cityofdenton.com
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2/10/2020 2:45:58 PM
Holder: Crystal Westbrook
crystal.westbrook@cityofdenton.com
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Crystal Westbrook
crystal.westbrook@cityofdenton.com
Buyer
City of Denton
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Lori Hewell
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Purchasing Manager
City of Denton
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Frank Pugsley
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Water and Wastewater Utilities Director
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Cheyenne Defee
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City of Denton
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Sherri Thurman
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City of Denton
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Jane Richardson
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Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
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City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 20-705,Version:1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton,a Texas municipal home-rule corporation,approving
a power purchase agreement between the City and Texas Woman’s University,a Texas higher education
institution; providing for the expenditure of funds; and, providing for an effective date.
City of Denton Printed on 3/27/2020Page 1 of 1
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City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Denton Municipal Electric
CFO: Antonio Puente, Jr.
DATE: March 31, 2020
SUBJECT
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation,
approving a power purchase agreement between the City and Texas Woman’s University, a Texas Higher
Education Institution; providing for the expenditure of funds; and, providing for an effective date.
BACKGROUND
The City of Denton (City) has provided electric power and related services to Texas Women’s University
(TWU) under a purchase power agreement (PPA) that was executed in February 2015 and amended in
September 2018. Both parties elected to terminate the current PPA and replace it with the proposed PPA.
PRIOR ACTION
The status of the existing PPA was presented as a Closed Work Session item to the City Council on
November 12, 2019. The City Council feedback and direction from the Work Sessions was to negotiate a
new PPA with TWU. The terms of the proposed PPA was presented as a Closed Work Session item to the
City Council on November 19, 2019.
RECOMMENDATION
DME requests that the City Council adopts an Ordinance by the City Council authorizing the City
Manager to execute the proposed PPA with TWU.
EXHIBITS
1. Exhibit 1-Agenda Information Sheet
2. Exhibit 2-Proposed Ordinance
3. Exhibit 3-Redacted Purchase Power Agreement
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
Respectfully submitted:
Chris Lutrick
Manager, Energy Services
EXHIBIT “A”
ORIGINAL (NON‐REDACTED) AGREEMENT MUST BE ADDED HERE
BEFORE ORDINANCE IS SIGNED BY MAYOR.
ORIGINAL AGREEMENT IS NOT TO BE MADE PUBLIC.
EXHIBIT B
________________________________________________________________________________________________________
POWER PURCHASE AGREEMENT Page 1 of 13
IMPORTANT: This document may contain information that is confidential, commercially‐sensitive, proprietary, and/or public
power utility competitive and financial information in accordance with the provisions of Texas Government Code, Section
552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public disclosure.
POWER PURCHASE AGREEMENT
This Power Purchase Agreement (“Agreement”) is between the City of Denton, a Texas home‐rule
municipal corporation (“City”), and Texas Woman’s University, a Texas higher education institution
(“TWU”). The Parties agree as follows:
Recitals
Whereas, the City owns an electric utility that has a legislatively created franchise to provide
electric power to all customers in the City’s electric utility franchise territory;
Whereas, TWU, having Facilities located in the City’s electric utility franchise territory, must
purchase all its electric power from the City;
Whereas, the City has been providing electric power and related services to the two primary
voltage interconnection points with TWU under the terms of power purchase agreement dated February
3, 2015 and as amended on September 11, 2018 (“2015 PPA”);
Whereas, the Parties desire to terminate and replace the 2015 PPA with this Agreement;
Now, therefore, for and in consideration of the recitals set forth above, the covenants, terms,
conditions and releases herein contained, the receipt and sufficiency of which are acknowledged, the
Parties warrant, represent and agree to the following terms:
Agreement
Section 1. Definitions
"Business Day" means a day on which the City is open for business as prescribed by the annual calendar
of holidays published by the City from time to time; and a Business Day shall begin at 8:00 a.m. and close
at 5:00 p.m. local time for each Party's principal place of business.
________________________________________________________________________________________________________
POWER PURCHASE AGREEMENT Page 2 of 13
IMPORTANT: This document may contain information that is confidential, commercially‐sensitive, proprietary, and/or public
power utility competitive and financial information in accordance with the provisions of Texas Government Code, Section
552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public disclosure.
“Damages” shall mean any and all claims, liabilities, losses, damages, causes of action, fines, interest,
awards, penalties, litigation, lawsuits, administrative proceedings, administrative investigations, costs and
expenses (including reasonable attorney’s fees court costs and other costs of suit, arbitration, dispute
resolution or other similar proceedings), including for injury, illness or death and including those owed to
third parties (whether asserted in contract, in warranty, in tort, by statute or otherwise), but in all events
subject to the Liability Limitations in this Agreement.
"Delivery Point(s)" means the point(s) where the electricity leaves the lines and/or apparatus owned by
City and enters the lines and/or apparatus owned by TWU.
“Effective Date” means October 1, 2019.
"Facilities" shall mean the above ground and the underground distribution lines, the transmission lines,
all equipment, and infrastructure of City located on TWU property.
“Force Majeure” means an event or circumstance which prevents one Party from performing its
obligations under this Agreement, which is not within the reasonable control of or the result of the
negligence of the claiming Party, and which by the exercise of due diligence the claiming Party is unable
to overcome or avoid or cause to be avoided. Force Majeure shall include, without limitation, strike,
stoppage in labor, riot, significant fire, flood or ice damage, tornados, invasion, insurgency, civil war,
commotion, insurrection, blockades, embargoes, sabotage, epidemics, explosions, acts of terrorism,
military or usurped power, order of any court granted in any bona fide adverse legal proceeding or action,
order of any civil, military, or governmental authority, acts of God or public enemies, acts or omissions of
a transmission and distribution utility, and material changes in law; provided, however, that existence of
the foregoing factors shall not be sufficient to conclusively or presumptively prove the existence of a Force
Majeure event.
"Good Utility Practice" has the meaning ascribed thereto in Public Utility Code of Texas, Substantive Rule
25.5(31) or its successor.
"Law" means any law, rule, regulation, order, writ, judgment, decree, or other legal or regulatory
determination by a court, regulatory agency, regional transmission organization, or governmental
authority of competent jurisdiction.
"Power” means energy expressed in megawatt hours (MWh) or capacity expressed in megawatts (MW),
as applicable. Energy supplied shall be of the character commonly known as three‐phase, sixty‐hertz
electric energy that is delivered at the nominal voltage of the Delivery Point(s).
________________________________________________________________________________________________________
POWER PURCHASE AGREEMENT Page 3 of 13
IMPORTANT: This document may contain information that is confidential, commercially‐sensitive, proprietary, and/or public
power utility competitive and financial information in accordance with the provisions of Texas Government Code, Section
552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public disclosure.
Section 2. 2015 PPA
The Parties agree that the:
(a) 2015 PPA is terminated as of the Effective Date of this Agreement without any further
action required by either Party to terminate the same; and
(b) All obligations under the 2015 PPA have been met and that there are no continuing
obligations of ether Party.
Section 3. Term of Agreement
The term of the Agreement shall be from the Effective Date to September 30, 2021.
Section 4. Provision of Electric Service
4.1
4.2 Title and Risk of Loss. City warrants that it will deliver Power to TWU free and clear of all liens,
claims, and encumbrances arising prior to the Delivery Point(s). Title to and any risk of loss related to the
delivery of the Power shall transfer from City to TWU at the Delivery Point(s).
4.3 Condition of Equipment. TWU represents to City that TWU’s 13.2kV electrical facilities comply
with all applicable codes and standards.
4.4 Grant of Access. TWU shall, when necessary, execute and deliver to City rights of access
covering all Facilities in all locations served by City on TWU owned and/or controlled property. Upon
notice to TWU, City shall have the right to enter TWU’s premises for temporary construction and to effect
repairs to the Facilities as needed.
________________________________________________________________________________________________________
POWER PURCHASE AGREEMENT Page 4 of 13
IMPORTANT: This document may contain information that is confidential, commercially‐sensitive, proprietary, and/or public
power utility competitive and financial information in accordance with the provisions of Texas Government Code, Section
552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public disclosure.
Section 6 – Metering
6.1 Measurement. Charges for Power are calculated using measurements from metering
equipment owned, installed and read by City. City shall report measurement data to TWU in each monthly
invoice. Electric meter services will be performed by City, at its sole expense, in accordance with the
applicable rate tariff as calculated under Section 5 and Good Utility Practices.
6.2 Meter Testing. City will test its meters in accordance with the schedule and standards of the
American National Standards Institute, Inc. Upon notice from TWU, City will, at TWU’s sole expense,
perform additional tests of the accuracy of its meters within a reasonable time after notice is received.
Following the completion of any test, City will promptly advise TWU of the date of the test, test results,
who performed the test, and the date of the removal of any meter(s).
6.3 Invoice Adjustment Due to Meter Inaccuracy. If any meter is determined to be outside the
accuracy standards established by ANSI, proper correction will be made of the measurement data, and
TWU or City may adjust their respective charges based on the corrected meter data.
Section 7 ‐ Billing
7.1 Invoicing. Within fifteen (15) Business Days after the end of each month of the Term, the City
shall deliver to TWU an invoice reflecting the amounts due for the prior month for Power delivered to
________________________________________________________________________________________________________
POWER PURCHASE AGREEMENT Page 5 of 13
IMPORTANT: This document may contain information that is confidential, commercially‐sensitive, proprietary, and/or public
power utility competitive and financial information in accordance with the provisions of Texas Government Code, Section
552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public disclosure.
TWU by the City.
TWU’s payment for each invoice shall be due on
the 10th day following TWU’s receipt of an invoice for such electric service.
7.2 Late Payments. Late payments will be assessed a late payment charge of $20.00 and interest
shall be assessed on any past due account balance, excluding the late payment charge, on the fifth (5th)
day following the due date. Interest shall be due and payable on the due date of the current month’s
billing statement and will be at rate of one (1%) percent each month on all due charges and account
balance unpaid at the time of the current month’s billing calculation.
7.3 Disputed Amounts. Either Party may, in good faith, dispute the correctness of any invoice. In
the event an invoice, portion of an invoice, or any other claim or adjustment arising hereunder, is
disputed, payment of the undisputed portion of such invoice shall be required to be made when due, with
notice of the objection given to the other Party in writing an stating the basis for the dispute, including all
supporting calculations. Payment of the disputed amount shall not be required until the dispute is
resolved. Upon resolution of the dispute, any required payment plus interest thereon accrued from and
including the due date to, but excluding, the paid date, shall be included in the next invoice issued after
the dispute has been resolved.
Section 8 – Events of Default and Remedies
8.1 Event of Default. If any of the following events occur, then an Event of Default shall exist as to
such Party (“Defaulting Party”) and the other Party (“Non‐Defaulting Party”) shall be entitled to exercise
the remedies set forth in this Section.
(a) Failure to Pay. A Party fails to make, when due, any payment required pursuant to this
Agreement (other than the amounts disputed in good faith), and such failure is not remedied
within five (5) Business Days after written notice of such failure from the other Party.
(b) Material Breach. A Party is in material breach of its obligations under this Agreement
(other than an obligation to make payment, an obligation that is otherwise specifically set forth
in this Section 4 as a separate Event of Default or an obligation in respect of which this Agreement
provide a remedy that is stated to be an exclusive remedy), and such breach is not remedied
within thirty (30) days after written notice of such breach from the other Party (provided,
however, that (i) to the extent such breach is not reasonably capable of being remedied within
the thirty (30) day remedy period specified above, but is reasonably capable of being remedied,
and (ii) such Party has commenced and is continuing reasonable efforts to remedy such breach,
such Party shall have ninety (90) days after written notice of such breach from the other Party to
remedy such breach).
8.2 Remedies. If an Event of Default occurs and is continuing, the Non‐Defaulting Party shall have
the right to exercise one or more of the following remedies:
(a) Termination. To terminate this Agreement, the Non‐Defaulting Party shall provide
notice to the Defaulting Party as soon as is practicable. The date of early termination shall be no
________________________________________________________________________________________________________
POWER PURCHASE AGREEMENT Page 6 of 13
IMPORTANT: This document may contain information that is confidential, commercially‐sensitive, proprietary, and/or public
power utility competitive and financial information in accordance with the provisions of Texas Government Code, Section
552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public disclosure.
earlier than the date such notice is effective and not later than twenty (20) days after the date
such notice is effective.
(b) Other Remedies. The Non‐defaulting party may exercise remedies as otherwise
provided for in this Agreement or available at law or in equity, including the recovery of Damages
suffered by the Non‐Defaulting Party as a result of the termination, as calculated by the Non‐
Defaulting Party, and any other amounts previously accrued under this Agreement and owed to
the Non‐Defaulting Party. Each Party shall use commercially reasonable efforts to mitigate its
Damages resulting from the other Party’s breach of or default under this Agreement, including
upon any termination hereof as a result of an Event of Default of the other Party.
Section 10 – Force Majeure
In the event that either of the Parties should be delayed in or prevented from performing or
carrying out any of the agreements, covenants, and obligations under this Agreement by reason of Force
Majeure, then, during the pendency of such Force Majeure but for no longer period, the obligations of
the Party affected by the event shall be suspended to the extent required. Neither Party shall be liable to
the other Party for, or on account of, any loss, damage, injury, or expense resulting from or arising out of
any such delay or prevention from performing; provided, however, the pendency of such Force Majeure
will be of no greater scope and of no longer duration than is reasonably required by the Force Majeure,
and the Party suffering such delay or prevention shall use its commercially reasonable efforts to provide
the other Party with written notice within such period as is commercially reasonable under the
circumstances after the occurrence of such event and shall take all commercially reasonable efforts to
mitigate the effects of such event of Force Majeure and to remove the cause(s) thereof. Neither Party
shall be required by the foregoing provisions to settle a strike affecting it except when, according to its
best judgment, such a settlement seems advisable.
________________________________________________________________________________________________________
POWER PURCHASE AGREEMENT Page 7 of 13
IMPORTANT: This document may contain information that is confidential, commercially‐sensitive, proprietary, and/or public
power utility competitive and financial information in accordance with the provisions of Texas Government Code, Section
552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public disclosure.
Section 11 – Limitations and Warranties
11.1 Limitation of TWU Liability. EXCEPT AS PROVIDED FOR IN THIS AGREEMENT OR AS
DETERMINED AT THE CONCLUSION OF ANY DISPUTE RESOLUTION PROCESS OUTLINED HEREIN, THE SOLE
LIABILITY OF TWU AND THE SOLE REMEDY OF CITY UNDER THIS AGREEMENT IS FOR TWU TO TIMELY PAY
AND CITY TO COLLECT, WHEN DUE, AMOUNTS CHARGED FOR POWER ACTUALLY DELIVERED BY CITY TO
TWU AND FOR SERVICES RENDERED BY CITY TO TWU, OR OBLIGATIONS ARISING UNDER AND DESCRIBED
IN SECTION 4, "PROVISION OF ELECTRIC SERVICE " OF THIS AGREEMENT. NOTWITHSTANDING THE
FOREGOING, TWU SHALL NOT BE LIABLE TO CITY FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE,
EXEMPLARY, OR INDIRECT DAMAGES, LOST PROFITS, OR OTHER BUSINESS INTERRUPTION DAMAGES,
WHETHER BASED ON STATUTE, IN TORT OR CONTRACT, OR ANY OTHER ACT OR THING DUE TO CAUSES
BEYOND TWU’s CONTROL, OR TO THE NEGLIGENCE OF TWU, ITS EMPLOYEES OR CONTRACTORS, EXCEPT
TO THE EXTENT THAT THE DAMAGES ARE OCCASIONED BY THE GROSS NEGLIGENCE OR WILLFUL
MISCONDUCT OF TWU.
11.2 Limitation of City Liability. TO THE EXTENT ALLOWED BY THE LAWS OF THE STATE OF TEXAS,
CITY’S LIABILITY FOR DAMAGE OR INJURY, INTERRUPTION OF SERVICE, AND DISCLAIMER OF WARRANTIES
SHALL BE AS SET FORTH IN THE APPLICABLE PROVISIONS OF THE GENERAL TERMS AND CONDITIONS OF
CITY’S SCHEDULE OF RATES FOR ELECTRIC SERVICE AND PROVISIONS OF APPLICABLE TEXAS AND FEDERAL
LAW.
Section 12 – Audit
Each Party (and its representatives) has the right, at its sole expense and during normal working
hours, to examine the records of the other Party to the extent necessary to verify the accuracy of any
statement, charge, or computation made pursuant to this Agreement. If requested, a Party shall provide
to the other Party statements evidencing the quantities of Power delivered at the Delivery Point(s). If any
such examination reveals any inaccuracy in any statement, either on the part of the City or TWU, then the
necessary adjustments with such statement and the payments thereof will be promptly made and shall
bear interest calculated in accordance with Texas Government Code, Chapter 2251, from the date the
overpayment or underpayment was made until the amount is fully paid; provided, however, that no
adjustment for any statement or payment will be made unless an objection to the accuracy thereof was
made prior to the lapse of two (2) years from the date of issuance of the statement audited.
Section 13 ‐ Confidentiality
To the extent permitted by law, the Parties agree to maintain the confidentiality of this Agreement
and all information acquired in the performance of the Agreement relating to the activities or operations
of the other Party. This document is intended to be a Power Purchase Agreement and is therefore exempt
from public disclosure under the provisions of Texas Government Code, Sec. 552.133(a‐1)(1)(C) and (F).
The Parties each agree not to divulge any such information to any third party without first providing
written notice to the other Party and giving such Party the reasonable opportunity to avail itself of all
rights and remedies as set forth in Chapter 552 of the Texas Government Code, commonly referred to as
the Texas Public Information Act.
________________________________________________________________________________________________________
POWER PURCHASE AGREEMENT Page 8 of 13
IMPORTANT: This document may contain information that is confidential, commercially‐sensitive, proprietary, and/or public
power utility competitive and financial information in accordance with the provisions of Texas Government Code, Section
552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public disclosure.
Section 14 – Representations and Warranties
Each Party represents and warrants to the other Party that:
(a) it has taken all necessary action, to authorize the execution, delivery and performance
of this Agreement and the transactions contemplated hereby;
(b) this Agreement is the valid and binding obligation of each Party, enforceable in
accordance with its terms, subject to laws of general application relating to creditor’s rights,
bankruptcy, insolvency and the relief of debtors;
(c) neither the execution and delivery of this Agreement nor compliance with its
respective terms and provisions will violate, be prohibited by, conflict with, result in a breach or
termination of, or a default under any of the terms, conditions or provisions of its organizational
documents; any statute, regulation, judgment, order, decree, injunction, stay, restraining order
or ruling to which it is a party or subject; or any material agreement to which it is a party; and
(d) it is the full and sole owner of the claims, demands, actions, or causes of action arising
from or in any way relating to the circumstances and conditions made the basis of this Agreement.
Section 15 ‐ Miscellaneous
15.1 Entire Agreement. This Agreement contains the entire understanding of the Parties with
respect to the subject matter hereof and shall completely and fully supersede all prior understandings or
agreements, both written and oral. No representations, inducements, promises, or agreements, oral or
otherwise, have been relied upon or made by any Party, or anyone on behalf of a Party, that are not fully
expressed in this Agreement. The section titles in this Agreement are only for purposes of convenience
and do not form a part of this Agreement and will not be taken to qualify, explain or affect any provision
thereof.
15.2 Severability. If any article, section, phrase or portion of this Agreement is held to be invalid,
illegal or unenforceable for any reason, such article, section, phrase or portion so adjudges will be deemed
separate, severable and independent and replaced automatically by a legal, valid and enforceable
provision which most nearly accomplishes and reflects the original intention of the Parties. This
Agreement, as so modified, shall remain in full force and effect and shall not be invalidated or rendered
illegal or unenforceable or otherwise affected thereby. If the application of any provision of this
Agreement to any Person or circumstance is determined to be void, unlawful or unenforceable, then that
provision shall remain valid, lawful, and enforceable as applied to other Persons and circumstances.
15.3 Amendment/Binding Effect. This Agreement shall become effective and binding upon the
Parties as of the Effective Date upon the execution and delivery of this Agreement by each of the Parties.
This Agreement may not be amended, changed, modified, or altered unless such amendment, change,
modification, or alteration is in writing and signed by both Parties. This Agreement shall inure to the
benefit of all and shall be binding upon the Parties and their respective successors and assigns.
________________________________________________________________________________________________________
POWER PURCHASE AGREEMENT Page 9 of 13
IMPORTANT: This document may contain information that is confidential, commercially‐sensitive, proprietary, and/or public
power utility competitive and financial information in accordance with the provisions of Texas Government Code, Section
552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public disclosure.
15.4 No Waiver. No waiver of any of the terms of this Agreement shall be binding unless in writing
and signed by all Parties hereto. No waiver of any terms of this Agreement shall be deemed a waiver of
any subsequent breach or default of the same or similar nature.
15.5 Governing Law; Venue. This Agreement shall be governed by and shall be construed,
enforced, and performed in accordance with the Laws of the State of Texas, without regard to principles
of conflicts of law that would require the application of the laws of any other jurisdiction. Each Party
agrees to the exclusive jurisdiction of the federal and state courts in Denton County, Texas as necessary
to enforce this Agreement.
15.6 Waiver of Jury Trial. EACH OF THE PARTIES HEREBY IRREVOCABLY WAIVES, TO THE FULLEST
EXTENT PERMITTED BY LAW, ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE
ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP BETWEEN
THEM BY THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.
15.7 Contract Claims Resolution. The dispute resolution process that is provided for in Texas
Government Code, Chapter 2260 shall be used by the Parties to resolve any unresolved claim for breach
of contract or any other claimed default arising under this Agreement. Pursuant to said Chapter 2260,
the submission, processing, and resolution of any claim made by City and/or TWU is governed by the
published rules adopted by the Office of the Texas Attorney General, as are currently effective, hereafter
enacted, or subsequently amended.
15.8 Further Assurances. Each Party shall deliver or cause to be delivered to the other Party such
instruments, documents, statements, certificates of its officers, accountants, engineers or agents as to
matters as may be reasonably requested, and shall make available, upon reasonable request, personnel
and records relating to the Party’s Facilities required to deliver electric power from the City to TWU at
TWU’s two interconnection points with the City to the extent required to carry out the purposes of this
Agreement, to fulfill any legal obligation or regulatory reporting requirement, or to ensure the reliability
of the City’s electric distribution system.
15.9 Further Instruments. The Parties expressly covenant and agree that they will each execute
such other and further instruments and documents as are or may become necessary or convenient to
effectuate and carry out this Agreement.
15.10 No Rights of Third Parties. This Agreement is intended only for the Parties’ benefit and
nothing in this Agreement may be construed to create any duty to, or any standard of care concerning, or
liability to, any person not a party to this Agreement.
15.11 Joint Effort. This Agreement has been prepared by the joint efforts of the Parties or the
attorneys for the Parties and each Party acknowledges and agrees that the general rule of contract
construction providing that the provisions of a contract are to be strictly construed against the drafter of
the agreement is hereby waived.
15.12 No Reliance. Neither Party is relying on any promise, undertaking or understanding not
expressly set forth herein.
________________________________________________________________________________________________________
POWER PURCHASE AGREEMENT Page 10 of 13
IMPORTANT: This document may contain information that is confidential, commercially‐sensitive, proprietary, and/or public
power utility competitive and financial information in accordance with the provisions of Texas Government Code, Section
552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public disclosure.
15.13 No Joint Venture or Lending of Credit Intended. Nothing in this Agreement shall be
construed to create a partnership, joint venture, or other legal entity between the Parties. The rights and
obligations of the Parties are to be governed strictly by this Agreement, and it is not intended that there
shall be any lending of credit by one Party to the other or that either Party shall be entitled to create any
obligation binding on the other Party that is not specifically provided for herein. Nothing herein shall be
construed as a loan or pledge of credit or assets by the State of Texas or TWU as prohibited by Article 3,
Section 50 of the Texas Constitution, or otherwise. Nothing herein shall be construed as a loan or pledge
of credit or assets by the State of Texas or City as prohibited by Article 3, Section 52 of the Texas
Constitution, or otherwise.
15.14 Counterparts. This Agreement may be executed in multiple counterparts, with the same
effect as if all Parties hereto had signed the same counterpart. All counterparts shall be construed
together and shall constitute one agreement.
15.15 Survival. All provisions of this Agreement that are expressly or by implication to come into
or continue in force and effect after the expiration or termination of this Agreement shall remain in effect
and be enforceable following such expiration or termination including but not limited to Section 5 – Price
and Delivery Points, Section 9 – Change in Law, Section 11 – Limitations and Warranties, Section 13 –
Confidentiality and Section 14 – Representations and Warranties.
15.16 Assignment. This Agreement may not be assigned by either Party.
15.17 Notices. All notices, requests, statements, or payments shall be made in writing as specified
below. Notices required to be in writing shall be delivered by letter, electronic media, facsimile, or
another documentary form. Notice shall be deemed to have been received by the close of the day on
which it was transmitted or hand delivered (unless transmitted or hand delivered after the close of
recipient’s business or on a day on which recipient is not open for business, in which case it shall be
deemed received at the close of the next day on which recipient is open for business). Notice by overnight
mail or overnight courier shall be deemed to have been received one (1) day after it was sent (unless
delivered after the close of recipient’s business or on a day on which recipient is not open for business, in
which case it shall be deemed received on the next day on which recipient is open for business). A Party
may change its addresses by providing notice of same in accordance herewith.
If intended for City, to:
Denton Municipal Electric and City of Denton, Texas
1659 Spencer Rd 215 East McKinney Street
Denton, TX 76205 Denton, TX 76201
Fax No.: (940) 349‐7334 Fax No.: (940) 349‐8596
Phone No.: (940) 349‐8487 Phone No.: (940) 349‐8560
Attn: General Manager Attn: City Manager
and
City of Denton
City Attorney
________________________________________________________________________________________________________
POWER PURCHASE AGREEMENT Page 11 of 13
IMPORTANT: This document may contain information that is confidential, commercially‐sensitive, proprietary, and/or public
power utility competitive and financial information in accordance with the provisions of Texas Government Code, Section
552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public disclosure.
215 E. McKinney
Denton, TX 76201
Fax No.: (940) 382‐7923
Phone No.: (940) 349‐8333
To TWU:
Texas Woman’s University and Texas Woman’s University
Vice President for Finance and Administration Office of General Counsel
P.O. Box 425588 P. O. Box 425497
Denton, TX 76204 Denton, TX 76204
Phone No.: (940) 898‐3506 Phone No.: (940) 898‐3250
Fax No.: (940) 898‐3509 Fax No.: (940) 898‐3244
15.19 Electronically Transmitted Signatures. Signatures to this Agreement, any amendment
hereof, delivered electronically via facsimile, .pdf, .jpeg, .TIF, .TIFF or similar electronic format shall be
deemed an original signature and fully effective as such for all purposes.
15.20 Understanding. The Parties represent that they fully understand this Agreement and its
terms, and, with this full understanding, voluntarily enter into this Agreement as evidenced by signing it
below.
‐‐‐‐‐ SIGNATURE PAGES FOLLOW ‐‐‐‐‐
________________________________________________________________________________________________________
POWER PURCHASE AGREEMENT Page 12 of 13
IMPORTANT: This document may contain information that is confidential, commercially‐sensitive, proprietary, and/or public
power utility competitive and financial information in accordance with the provisions of Texas Government Code, Section
552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public disclosure.
CITY OF DENTON,
A TEXAS HOME‐RULE MUNICIPAL CORPORATION
_____________________________________________
TODD HILEMAN, CITY MANAGER, under the authority
granted in Ordinance No. 2020 ‐ ___________________
Executed on the _____ day of __________________ ,
2020.
ATTESTED:
ROSA RIOS, CITY SECRETARY
_____________________________________________
APPROVED AS TO FORM:
AARON LEAL, CITY ATTORNEY
_____________________________________________
________________________________________________________________________________________________________
POWER PURCHASE AGREEMENT Page 13 of 13
IMPORTANT: This document may contain information that is confidential, commercially‐sensitive, proprietary, and/or public
power utility competitive and financial information in accordance with the provisions of Texas Government Code, Section
552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public disclosure.
TEXAS WOMAN’S UNIVERSITY,
A TEXAS HIGHER EDUCATION INSTITUTION
_____________________________________________
Signature
_____________________________________________
Printed Name
_____________________________________________
Title
Executed on the _____ day of __________________ ,
2020.
APPROVED AS TO FORM:
KATHERINE ANTWI GREEN, GENERAL COUNSEL
_____________________________________________
________________________________________________________________________________________________________
POWER PURCHASE AGREEMENT Page 1 of 13
IMPORTANT: This document may contain information that is confidential, commercially‐sensitive, proprietary, and/or public
power utility competitive and financial information in accordance with the provisions of Texas Government Code, Section
552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public disclosure.
POWER PURCHASE AGREEMENT
This Power Purchase Agreement (“Agreement”) is between the City of Denton, a Texas home‐rule
municipal corporation (“City”), and Texas Woman’s University, a Texas higher education institution
(“TWU”). The Parties agree as follows:
Recitals
Whereas, the City owns an electric utility that has a legislatively created franchise to provide
electric power to all customers in the City’s electric utility franchise territory;
Whereas, TWU, having Facilities located in the City’s electric utility franchise territory, must
purchase all its electric power from the City;
Whereas, the City has been providing electric power and related services to the two primary
voltage interconnection points with TWU under the terms of power purchase agreement dated February
3, 2015 and as amended on September 11, 2018 (“2015 PPA”);
Whereas, the Parties desire to terminate and replace the 2015 PPA with this Agreement;
Now, therefore, for and in consideration of the recitals set forth above, the covenants, terms,
conditions and releases herein contained, the receipt and sufficiency of which are acknowledged, the
Parties warrant, represent and agree to the following terms:
Agreement
Section 1. Definitions
"Business Day" means a day on which the City is open for business as prescribed by the annual calendar
of holidays published by the City from time to time; and a Business Day shall begin at 8:00 a.m. and close
at 5:00 p.m. local time for each Party's principal place of business.
________________________________________________________________________________________________________
POWER PURCHASE AGREEMENT Page 2 of 13
IMPORTANT: This document may contain information that is confidential, commercially‐sensitive, proprietary, and/or public
power utility competitive and financial information in accordance with the provisions of Texas Government Code, Section
552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public disclosure.
“Damages” shall mean any and all claims, liabilities, losses, damages, causes of action, fines, interest,
awards, penalties, litigation, lawsuits, administrative proceedings, administrative investigations, costs and
expenses (including reasonable attorney’s fees court costs and other costs of suit, arbitration, dispute
resolution or other similar proceedings), including for injury, illness or death and including those owed to
third parties (whether asserted in contract, in warranty, in tort, by statute or otherwise), but in all events
subject to the Liability Limitations in this Agreement.
"Delivery Point(s)" means the point(s) where the electricity leaves the lines and/or apparatus owned by
City and enters the lines and/or apparatus owned by TWU.
“Effective Date” means October 1, 2019.
"Facilities" shall mean the above ground and the underground distribution lines, the transmission lines,
all equipment, and infrastructure of City located on TWU property.
“Force Majeure” means an event or circumstance which prevents one Party from performing its
obligations under this Agreement, which is not within the reasonable control of or the result of the
negligence of the claiming Party, and which by the exercise of due diligence the claiming Party is unable
to overcome or avoid or cause to be avoided. Force Majeure shall include, without limitation, strike,
stoppage in labor, riot, significant fire, flood or ice damage, tornados, invasion, insurgency, civil war,
commotion, insurrection, blockades, embargoes, sabotage, epidemics, explosions, acts of terrorism,
military or usurped power, order of any court granted in any bona fide adverse legal proceeding or action,
order of any civil, military, or governmental authority, acts of God or public enemies, acts or omissions of
a transmission and distribution utility, and material changes in law; provided, however, that existence of
the foregoing factors shall not be sufficient to conclusively or presumptively prove the existence of a Force
Majeure event.
"Good Utility Practice" has the meaning ascribed thereto in Public Utility Code of Texas, Substantive Rule
25.5(31) or its successor.
"Law" means any law, rule, regulation, order, writ, judgment, decree, or other legal or regulatory
determination by a court, regulatory agency, regional transmission organization, or governmental
authority of competent jurisdiction.
"Power” means energy expressed in megawatt hours (MWh) or capacity expressed in megawatts (MW),
as applicable. Energy supplied shall be of the character commonly known as three‐phase, sixty‐hertz
electric energy that is delivered at the nominal voltage of the Delivery Point(s).
________________________________________________________________________________________________________
POWER PURCHASE AGREEMENT Page 3 of 13
IMPORTANT: This document may contain information that is confidential, commercially‐sensitive, proprietary, and/or public
power utility competitive and financial information in accordance with the provisions of Texas Government Code, Section
552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public disclosure.
Section 2. 2015 PPA
The Parties agree that the:
(a) 2015 PPA is terminated as of the Effective Date of this Agreement without any further
action required by either Party to terminate the same; and
(b) All obligations under the 2015 PPA have been met and that there are no continuing
obligations of ether Party.
Section 3. Term of Agreement
The term of the Agreement shall be from the Effective Date to September 30, 2021.
Section 4. Provision of Electric Service
4.1
4.2 Title and Risk of Loss. City warrants that it will deliver Power to TWU free and clear of all liens,
claims, and encumbrances arising prior to the Delivery Point(s). Title to and any risk of loss related to the
delivery of the Power shall transfer from City to TWU at the Delivery Point(s).
4.3 Condition of Equipment. TWU represents to City that TWU’s 13.2kV electrical facilities comply
with all applicable codes and standards.
4.4 Grant of Access. TWU shall, when necessary, execute and deliver to City rights of access
covering all Facilities in all locations served by City on TWU owned and/or controlled property. Upon
notice to TWU, City shall have the right to enter TWU’s premises for temporary construction and to effect
repairs to the Facilities as needed.
________________________________________________________________________________________________________
POWER PURCHASE AGREEMENT Page 4 of 13
IMPORTANT: This document may contain information that is confidential, commercially‐sensitive, proprietary, and/or public
power utility competitive and financial information in accordance with the provisions of Texas Government Code, Section
552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public disclosure.
Section 6 – Metering
6.1 Measurement. Charges for Power are calculated using measurements from metering
equipment owned, installed and read by City. City shall report measurement data to TWU in each monthly
invoice. Electric meter services will be performed by City, at its sole expense, in accordance with the
applicable rate tariff as calculated under Section 5 and Good Utility Practices.
6.2 Meter Testing. City will test its meters in accordance with the schedule and standards of the
American National Standards Institute, Inc. Upon notice from TWU, City will, at TWU’s sole expense,
perform additional tests of the accuracy of its meters within a reasonable time after notice is received.
Following the completion of any test, City will promptly advise TWU of the date of the test, test results,
who performed the test, and the date of the removal of any meter(s).
6.3 Invoice Adjustment Due to Meter Inaccuracy. If any meter is determined to be outside the
accuracy standards established by ANSI, proper correction will be made of the measurement data, and
TWU or City may adjust their respective charges based on the corrected meter data.
Section 7 ‐ Billing
7.1 Invoicing. Within fifteen (15) Business Days after the end of each month of the Term, the City
shall deliver to TWU an invoice reflecting the amounts due for the prior month for Power delivered to
________________________________________________________________________________________________________
POWER PURCHASE AGREEMENT Page 5 of 13
IMPORTANT: This document may contain information that is confidential, commercially‐sensitive, proprietary, and/or public
power utility competitive and financial information in accordance with the provisions of Texas Government Code, Section
552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public disclosure.
TWU by the City.
TWU’s payment for each invoice shall be due on
the 10th day following TWU’s receipt of an invoice for such electric service.
7.2 Late Payments. Late payments will be assessed a late payment charge of $20.00 and interest
shall be assessed on any past due account balance, excluding the late payment charge, on the fifth (5th)
day following the due date. Interest shall be due and payable on the due date of the current month’s
billing statement and will be at rate of one (1%) percent each month on all due charges and account
balance unpaid at the time of the current month’s billing calculation.
7.3 Disputed Amounts. Either Party may, in good faith, dispute the correctness of any invoice. In
the event an invoice, portion of an invoice, or any other claim or adjustment arising hereunder, is
disputed, payment of the undisputed portion of such invoice shall be required to be made when due, with
notice of the objection given to the other Party in writing an stating the basis for the dispute, including all
supporting calculations. Payment of the disputed amount shall not be required until the dispute is
resolved. Upon resolution of the dispute, any required payment plus interest thereon accrued from and
including the due date to, but excluding, the paid date, shall be included in the next invoice issued after
the dispute has been resolved.
Section 8 – Events of Default and Remedies
8.1 Event of Default. If any of the following events occur, then an Event of Default shall exist as to
such Party (“Defaulting Party”) and the other Party (“Non‐Defaulting Party”) shall be entitled to exercise
the remedies set forth in this Section.
(a) Failure to Pay. A Party fails to make, when due, any payment required pursuant to this
Agreement (other than the amounts disputed in good faith), and such failure is not remedied
within five (5) Business Days after written notice of such failure from the other Party.
(b) Material Breach. A Party is in material breach of its obligations under this Agreement
(other than an obligation to make payment, an obligation that is otherwise specifically set forth
in this Section 4 as a separate Event of Default or an obligation in respect of which this Agreement
provide a remedy that is stated to be an exclusive remedy), and such breach is not remedied
within thirty (30) days after written notice of such breach from the other Party (provided,
however, that (i) to the extent such breach is not reasonably capable of being remedied within
the thirty (30) day remedy period specified above, but is reasonably capable of being remedied,
and (ii) such Party has commenced and is continuing reasonable efforts to remedy such breach,
such Party shall have ninety (90) days after written notice of such breach from the other Party to
remedy such breach).
8.2 Remedies. If an Event of Default occurs and is continuing, the Non‐Defaulting Party shall have
the right to exercise one or more of the following remedies:
(a) Termination. To terminate this Agreement, the Non‐Defaulting Party shall provide
notice to the Defaulting Party as soon as is practicable. The date of early termination shall be no
________________________________________________________________________________________________________
POWER PURCHASE AGREEMENT Page 6 of 13
IMPORTANT: This document may contain information that is confidential, commercially‐sensitive, proprietary, and/or public
power utility competitive and financial information in accordance with the provisions of Texas Government Code, Section
552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public disclosure.
earlier than the date such notice is effective and not later than twenty (20) days after the date
such notice is effective.
(b) Other Remedies. The Non‐defaulting party may exercise remedies as otherwise
provided for in this Agreement or available at law or in equity, including the recovery of Damages
suffered by the Non‐Defaulting Party as a result of the termination, as calculated by the Non‐
Defaulting Party, and any other amounts previously accrued under this Agreement and owed to
the Non‐Defaulting Party. Each Party shall use commercially reasonable efforts to mitigate its
Damages resulting from the other Party’s breach of or default under this Agreement, including
upon any termination hereof as a result of an Event of Default of the other Party.
Section 10 – Force Majeure
In the event that either of the Parties should be delayed in or prevented from performing or
carrying out any of the agreements, covenants, and obligations under this Agreement by reason of Force
Majeure, then, during the pendency of such Force Majeure but for no longer period, the obligations of
the Party affected by the event shall be suspended to the extent required. Neither Party shall be liable to
the other Party for, or on account of, any loss, damage, injury, or expense resulting from or arising out of
any such delay or prevention from performing; provided, however, the pendency of such Force Majeure
will be of no greater scope and of no longer duration than is reasonably required by the Force Majeure,
and the Party suffering such delay or prevention shall use its commercially reasonable efforts to provide
the other Party with written notice within such period as is commercially reasonable under the
circumstances after the occurrence of such event and shall take all commercially reasonable efforts to
mitigate the effects of such event of Force Majeure and to remove the cause(s) thereof. Neither Party
shall be required by the foregoing provisions to settle a strike affecting it except when, according to its
best judgment, such a settlement seems advisable.
________________________________________________________________________________________________________
POWER PURCHASE AGREEMENT Page 7 of 13
IMPORTANT: This document may contain information that is confidential, commercially‐sensitive, proprietary, and/or public
power utility competitive and financial information in accordance with the provisions of Texas Government Code, Section
552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public disclosure.
Section 11 – Limitations and Warranties
11.1 Limitation of TWU Liability. EXCEPT AS PROVIDED FOR IN THIS AGREEMENT OR AS
DETERMINED AT THE CONCLUSION OF ANY DISPUTE RESOLUTION PROCESS OUTLINED HEREIN, THE SOLE
LIABILITY OF TWU AND THE SOLE REMEDY OF CITY UNDER THIS AGREEMENT IS FOR TWU TO TIMELY PAY
AND CITY TO COLLECT, WHEN DUE, AMOUNTS CHARGED FOR POWER ACTUALLY DELIVERED BY CITY TO
TWU AND FOR SERVICES RENDERED BY CITY TO TWU, OR OBLIGATIONS ARISING UNDER AND DESCRIBED
IN SECTION 4, "PROVISION OF ELECTRIC SERVICE " OF THIS AGREEMENT. NOTWITHSTANDING THE
FOREGOING, TWU SHALL NOT BE LIABLE TO CITY FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE,
EXEMPLARY, OR INDIRECT DAMAGES, LOST PROFITS, OR OTHER BUSINESS INTERRUPTION DAMAGES,
WHETHER BASED ON STATUTE, IN TORT OR CONTRACT, OR ANY OTHER ACT OR THING DUE TO CAUSES
BEYOND TWU’s CONTROL, OR TO THE NEGLIGENCE OF TWU, ITS EMPLOYEES OR CONTRACTORS, EXCEPT
TO THE EXTENT THAT THE DAMAGES ARE OCCASIONED BY THE GROSS NEGLIGENCE OR WILLFUL
MISCONDUCT OF TWU.
11.2 Limitation of City Liability. TO THE EXTENT ALLOWED BY THE LAWS OF THE STATE OF TEXAS,
CITY’S LIABILITY FOR DAMAGE OR INJURY, INTERRUPTION OF SERVICE, AND DISCLAIMER OF WARRANTIES
SHALL BE AS SET FORTH IN THE APPLICABLE PROVISIONS OF THE GENERAL TERMS AND CONDITIONS OF
CITY’S SCHEDULE OF RATES FOR ELECTRIC SERVICE AND PROVISIONS OF APPLICABLE TEXAS AND FEDERAL
LAW.
Section 12 – Audit
Each Party (and its representatives) has the right, at its sole expense and during normal working
hours, to examine the records of the other Party to the extent necessary to verify the accuracy of any
statement, charge, or computation made pursuant to this Agreement. If requested, a Party shall provide
to the other Party statements evidencing the quantities of Power delivered at the Delivery Point(s). If any
such examination reveals any inaccuracy in any statement, either on the part of the City or TWU, then the
necessary adjustments with such statement and the payments thereof will be promptly made and shall
bear interest calculated in accordance with Texas Government Code, Chapter 2251, from the date the
overpayment or underpayment was made until the amount is fully paid; provided, however, that no
adjustment for any statement or payment will be made unless an objection to the accuracy thereof was
made prior to the lapse of two (2) years from the date of issuance of the statement audited.
Section 13 ‐ Confidentiality
To the extent permitted by law, the Parties agree to maintain the confidentiality of this Agreement
and all information acquired in the performance of the Agreement relating to the activities or operations
of the other Party. This document is intended to be a Power Purchase Agreement and is therefore exempt
from public disclosure under the provisions of Texas Government Code, Sec. 552.133(a‐1)(1)(C) and (F).
The Parties each agree not to divulge any such information to any third party without first providing
written notice to the other Party and giving such Party the reasonable opportunity to avail itself of all
rights and remedies as set forth in Chapter 552 of the Texas Government Code, commonly referred to as
the Texas Public Information Act.
________________________________________________________________________________________________________
POWER PURCHASE AGREEMENT Page 8 of 13
IMPORTANT: This document may contain information that is confidential, commercially‐sensitive, proprietary, and/or public
power utility competitive and financial information in accordance with the provisions of Texas Government Code, Section
552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public disclosure.
Section 14 – Representations and Warranties
Each Party represents and warrants to the other Party that:
(a) it has taken all necessary action, to authorize the execution, delivery and performance
of this Agreement and the transactions contemplated hereby;
(b) this Agreement is the valid and binding obligation of each Party, enforceable in
accordance with its terms, subject to laws of general application relating to creditor’s rights,
bankruptcy, insolvency and the relief of debtors;
(c) neither the execution and delivery of this Agreement nor compliance with its
respective terms and provisions will violate, be prohibited by, conflict with, result in a breach or
termination of, or a default under any of the terms, conditions or provisions of its organizational
documents; any statute, regulation, judgment, order, decree, injunction, stay, restraining order
or ruling to which it is a party or subject; or any material agreement to which it is a party; and
(d) it is the full and sole owner of the claims, demands, actions, or causes of action arising
from or in any way relating to the circumstances and conditions made the basis of this Agreement.
Section 15 ‐ Miscellaneous
15.1 Entire Agreement. This Agreement contains the entire understanding of the Parties with
respect to the subject matter hereof and shall completely and fully supersede all prior understandings or
agreements, both written and oral. No representations, inducements, promises, or agreements, oral or
otherwise, have been relied upon or made by any Party, or anyone on behalf of a Party, that are not fully
expressed in this Agreement. The section titles in this Agreement are only for purposes of convenience
and do not form a part of this Agreement and will not be taken to qualify, explain or affect any provision
thereof.
15.2 Severability. If any article, section, phrase or portion of this Agreement is held to be invalid,
illegal or unenforceable for any reason, such article, section, phrase or portion so adjudges will be deemed
separate, severable and independent and replaced automatically by a legal, valid and enforceable
provision which most nearly accomplishes and reflects the original intention of the Parties. This
Agreement, as so modified, shall remain in full force and effect and shall not be invalidated or rendered
illegal or unenforceable or otherwise affected thereby. If the application of any provision of this
Agreement to any Person or circumstance is determined to be void, unlawful or unenforceable, then that
provision shall remain valid, lawful, and enforceable as applied to other Persons and circumstances.
15.3 Amendment/Binding Effect. This Agreement shall become effective and binding upon the
Parties as of the Effective Date upon the execution and delivery of this Agreement by each of the Parties.
This Agreement may not be amended, changed, modified, or altered unless such amendment, change,
modification, or alteration is in writing and signed by both Parties. This Agreement shall inure to the
benefit of all and shall be binding upon the Parties and their respective successors and assigns.
________________________________________________________________________________________________________
POWER PURCHASE AGREEMENT Page 9 of 13
IMPORTANT: This document may contain information that is confidential, commercially‐sensitive, proprietary, and/or public
power utility competitive and financial information in accordance with the provisions of Texas Government Code, Section
552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public disclosure.
15.4 No Waiver. No waiver of any of the terms of this Agreement shall be binding unless in writing
and signed by all Parties hereto. No waiver of any terms of this Agreement shall be deemed a waiver of
any subsequent breach or default of the same or similar nature.
15.5 Governing Law; Venue. This Agreement shall be governed by and shall be construed,
enforced, and performed in accordance with the Laws of the State of Texas, without regard to principles
of conflicts of law that would require the application of the laws of any other jurisdiction. Each Party
agrees to the exclusive jurisdiction of the federal and state courts in Denton County, Texas as necessary
to enforce this Agreement.
15.6 Waiver of Jury Trial. EACH OF THE PARTIES HEREBY IRREVOCABLY WAIVES, TO THE FULLEST
EXTENT PERMITTED BY LAW, ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE
ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP BETWEEN
THEM BY THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.
15.7 Contract Claims Resolution. The dispute resolution process that is provided for in Texas
Government Code, Chapter 2260 shall be used by the Parties to resolve any unresolved claim for breach
of contract or any other claimed default arising under this Agreement. Pursuant to said Chapter 2260,
the submission, processing, and resolution of any claim made by City and/or TWU is governed by the
published rules adopted by the Office of the Texas Attorney General, as are currently effective, hereafter
enacted, or subsequently amended.
15.8 Further Assurances. Each Party shall deliver or cause to be delivered to the other Party such
instruments, documents, statements, certificates of its officers, accountants, engineers or agents as to
matters as may be reasonably requested, and shall make available, upon reasonable request, personnel
and records relating to the Party’s Facilities required to deliver electric power from the City to TWU at
TWU’s two interconnection points with the City to the extent required to carry out the purposes of this
Agreement, to fulfill any legal obligation or regulatory reporting requirement, or to ensure the reliability
of the City’s electric distribution system.
15.9 Further Instruments. The Parties expressly covenant and agree that they will each execute
such other and further instruments and documents as are or may become necessary or convenient to
effectuate and carry out this Agreement.
15.10 No Rights of Third Parties. This Agreement is intended only for the Parties’ benefit and
nothing in this Agreement may be construed to create any duty to, or any standard of care concerning, or
liability to, any person not a party to this Agreement.
15.11 Joint Effort. This Agreement has been prepared by the joint efforts of the Parties or the
attorneys for the Parties and each Party acknowledges and agrees that the general rule of contract
construction providing that the provisions of a contract are to be strictly construed against the drafter of
the agreement is hereby waived.
15.12 No Reliance. Neither Party is relying on any promise, undertaking or understanding not
expressly set forth herein.
________________________________________________________________________________________________________
POWER PURCHASE AGREEMENT Page 10 of 13
IMPORTANT: This document may contain information that is confidential, commercially‐sensitive, proprietary, and/or public
power utility competitive and financial information in accordance with the provisions of Texas Government Code, Section
552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public disclosure.
15.13 No Joint Venture or Lending of Credit Intended. Nothing in this Agreement shall be
construed to create a partnership, joint venture, or other legal entity between the Parties. The rights and
obligations of the Parties are to be governed strictly by this Agreement, and it is not intended that there
shall be any lending of credit by one Party to the other or that either Party shall be entitled to create any
obligation binding on the other Party that is not specifically provided for herein. Nothing herein shall be
construed as a loan or pledge of credit or assets by the State of Texas or TWU as prohibited by Article 3,
Section 50 of the Texas Constitution, or otherwise. Nothing herein shall be construed as a loan or pledge
of credit or assets by the State of Texas or City as prohibited by Article 3, Section 52 of the Texas
Constitution, or otherwise.
15.14 Counterparts. This Agreement may be executed in multiple counterparts, with the same
effect as if all Parties hereto had signed the same counterpart. All counterparts shall be construed
together and shall constitute one agreement.
15.15 Survival. All provisions of this Agreement that are expressly or by implication to come into
or continue in force and effect after the expiration or termination of this Agreement shall remain in effect
and be enforceable following such expiration or termination including but not limited to Section 5 – Price
and Delivery Points, Section 9 – Change in Law, Section 11 – Limitations and Warranties, Section 13 –
Confidentiality and Section 14 – Representations and Warranties.
15.16 Assignment. This Agreement may not be assigned by either Party.
15.17 Notices. All notices, requests, statements, or payments shall be made in writing as specified
below. Notices required to be in writing shall be delivered by letter, electronic media, facsimile, or
another documentary form. Notice shall be deemed to have been received by the close of the day on
which it was transmitted or hand delivered (unless transmitted or hand delivered after the close of
recipient’s business or on a day on which recipient is not open for business, in which case it shall be
deemed received at the close of the next day on which recipient is open for business). Notice by overnight
mail or overnight courier shall be deemed to have been received one (1) day after it was sent (unless
delivered after the close of recipient’s business or on a day on which recipient is not open for business, in
which case it shall be deemed received on the next day on which recipient is open for business). A Party
may change its addresses by providing notice of same in accordance herewith.
If intended for City, to:
Denton Municipal Electric and City of Denton, Texas
1659 Spencer Rd 215 East McKinney Street
Denton, TX 76205 Denton, TX 76201
Fax No.: (940) 349‐7334 Fax No.: (940) 349‐8596
Phone No.: (940) 349‐8487 Phone No.: (940) 349‐8560
Attn: General Manager Attn: City Manager
and
City of Denton
City Attorney
________________________________________________________________________________________________________
POWER PURCHASE AGREEMENT Page 11 of 13
IMPORTANT: This document may contain information that is confidential, commercially‐sensitive, proprietary, and/or public
power utility competitive and financial information in accordance with the provisions of Texas Government Code, Section
552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public disclosure.
215 E. McKinney
Denton, TX 76201
Fax No.: (940) 382‐7923
Phone No.: (940) 349‐8333
To TWU:
Texas Woman’s University and Texas Woman’s University
Vice President for Finance and Administration Office of General Counsel
P.O. Box 425588 P. O. Box 425497
Denton, TX 76204 Denton, TX 76204
Phone No.: (940) 898‐3506 Phone No.: (940) 898‐3250
Fax No.: (940) 898‐3509 Fax No.: (940) 898‐3244
15.19 Electronically Transmitted Signatures. Signatures to this Agreement, any amendment
hereof, delivered electronically via facsimile, .pdf, .jpeg, .TIF, .TIFF or similar electronic format shall be
deemed an original signature and fully effective as such for all purposes.
15.20 Understanding. The Parties represent that they fully understand this Agreement and its
terms, and, with this full understanding, voluntarily enter into this Agreement as evidenced by signing it
below.
‐‐‐‐‐ SIGNATURE PAGES FOLLOW ‐‐‐‐‐
________________________________________________________________________________________________________
POWER PURCHASE AGREEMENT Page 12 of 13
IMPORTANT: This document may contain information that is confidential, commercially‐sensitive, proprietary, and/or public
power utility competitive and financial information in accordance with the provisions of Texas Government Code, Section
552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public disclosure.
CITY OF DENTON,
A TEXAS HOME‐RULE MUNICIPAL CORPORATION
_____________________________________________
TODD HILEMAN, CITY MANAGER, under the authority
granted in Ordinance No. 2020 ‐ ___________________
Executed on the _____ day of __________________ ,
2020.
ATTESTED:
ROSA RIOS, CITY SECRETARY
_____________________________________________
APPROVED AS TO FORM:
AARON LEAL, CITY ATTORNEY
_____________________________________________
________________________________________________________________________________________________________
POWER PURCHASE AGREEMENT Page 13 of 13
IMPORTANT: This document may contain information that is confidential, commercially‐sensitive, proprietary, and/or public
power utility competitive and financial information in accordance with the provisions of Texas Government Code, Section
552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public disclosure.
TEXAS WOMAN’S UNIVERSITY,
A TEXAS HIGHER EDUCATION INSTITUTION
_____________________________________________
Signature
_____________________________________________
Printed Name
_____________________________________________
Title
Executed on the _____ day of __________________ ,
2020.
APPROVED AS TO FORM:
KATHERINE ANTWI GREEN, GENERAL COUNSEL
_____________________________________________
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 20-709,Version:1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton,a Texas home-rule municipal corporation,authorizing
the approval of a first amendment to a contract between the City of Denton and Rizikon,Inc.,amending the
contract approved by the City Manager on January 16,2020,in the not-to-exceed amount of $56,590;said first
amendment for the development of policies and procedures for the City’s Safety Program and Risk
Management;providing for the expenditure of funds therefor;and providing an effective date (RFP 7199 -
Providing for an additional first amendment expenditure amount not-to-exceed $77,580,with the total contract
amount not-to-exceed $134,170).
City of Denton Printed on 3/27/2020Page 1 of 1
powered by Legistar™
City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Procurement & Compliance
CFO: Antonio Puente, Jr.
DATE: March 31, 2020
SUBJECT
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation,
authorizing the approval of a first amendment to a contract between the City of Denton and Rizikon, Inc.,
amending the contract approved by the City Manager on January 16, 2020, in the not-to-exceed amount of
$56,590; said first amendment for the development of policies and procedures for the City’s Safety Program
and Risk Management; providing for the expenditure of funds therefor; and providing an effective date
(RFP 7199 – Providing for an additional first amendment expenditure amount not-to-exceed $77,580, with
the total contract amount not-to-exceed $134,170).
RFP INFORMATION/BACKGROUND
The City employs various risk and safety management methodologies across the organization to address
occupational health, risk, and safety activities aimed at the reduction of the frequency and severity of injury
and losses. The City solicited proposals through RFP 7199 to conduct a comprehensive administrative
operational assessment of the City’s Risk and Safety structure, culture, programs, and identify opportunities
for improvement. A contract was awarded, under the City Manager’s signing authority, to Rizikon, Inc. in
the amount of $56,590. Based on the preliminary report findings, staff is proposing amending the contract
to include assistance with developing and writing operating procedures for Safety and Risk operations. Due
to the limited amount of internal staff and vacancies within the department, this project would take
considerable time to complete internally. Outsourcing gives the City access to a team of subject matter
experts who will advise on industry best practices and work quickly to develop the right tools for internal
staff to be more effective in mitigating risks.
RECOMMENDATION
Award Amendment No. 1 with Rizikon, Inc., for the development of policies and procedures for the City’s
Safety Program and Risk Management, in an amount not-to-exceed $77,580, for a total amended contract
amount of $134,170.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On January 16, 2020, the City Manager approved a contract with Rizikon, Inc., in the not-to-exceed amount
of $56,590.
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
PRINCIPAL PLACE OF BUSINESS
Rizikon, Inc.
Novi, MI
ESTIMATED SCHEDULE OF PROJECT
The project will be complete four months after issuance of notice to proceed.
FISCAL INFORMATION
The project will be funded from the Risk Management fund, using account number 860002.7879.
Purchase Order #192614 will be amended to increase the total not-to-exceed amount to $134,170.
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Original Contract
Exhibit 3: Ordinance and Amendment 1
Respectfully submitted:
Lori Hewell, 940-349-7100
Purchasing Manager
For information concerning this acquisition, contact: Cassey Ogden, 940-349-7195.
Legal point of contact: Mack Reinwand at 940-349-8333.
Docusign City Manager Approval Transmittal Coversheet
File Name
Purchasing Contact
Piggy Back Option
Contract Expiration
DocuSign Envelope ID: A08A7142-817C-4D6A-A938-2A540E43D015
Revised 6/11
Request for City Manager Approval of Purchase
DATE: January 109, 2020 Questions concerning this acquisition may be directed
DEPARTMENT: Materials Management to Sara Hensley 349-8224. Contact Phone
CFO: Antonio Puente, Jr.
SUBJECT
Approve a Professional Services Agreement (PSA) with Rizikon, Inc., to conduct a comprehensive administrative operational assessment of the City’s Risk and Safety structure, culture, programs, and identify opportunities for improvement in the not-to-exceed amount of
$56,590 (RFP 7199).
BID/FILE INFORMATION
The City employs various risk and safety management methodologies across the organization
to address occupational health, risk, and safety activities aimed at the reduction of the frequency and severity of injury and losses. While municipalities are exempt from the Federal Occupational Safety and Health Administration (OSHA), the City does use OSHA guidelines as a best practice in developing safety policies, programs, and procedures. The City has also adopted the American
Public Power Association (APPA) safety manual for use in Denton Municipal Electric.
The City’s Risk Management group has a current staff of three (3) safety professionals reporting to a Risk Manager and Claims Coordinator to account for a total staff of five (5) employees. In addition, the Solid Waste and Recycling Department employees a Safety & Training Coordinator
and Denton Municipal Electric (DME) has two (2) dedicated safety professionals. The City also
recently redesigned its Safety Review Committees program, which reviews all vehicle accidents and all reportable on-the-job injuries to determine preventability and assess accountability. The City also has a safety incentive program.
A Request for Proposal (RFP) 7199 for the Risk and Safety Program Assessment was prepared
and distributed to prospective. Three (3) proposals were received. The City’s Risk and Safety Staff as well as Management from Solid Waste, DME and the Assistant City Manager evaluated the proposals based on the published criteria.
Based on the initial evaluation and scoring, 2 respondents were selected for a teleconference call
interview. Following the interviews, a clarification to the proposals was sent to these 2 respondents. Based on their response, Rizikon, Inc. was ranked as the best value for the City.
RECOMMENDATION
Approve the expenditures for the PSA for the Risk and Safety Program Assessment with Rizikon, Inc., in the not-to-exceed amount of $56,590.
DocuSign Envelope ID: A08A7142-817C-4D6A-A938-2A540E43D015
Revised 6/11
BASIS FOR SELECTION
Highest scored vendor after evaluation
PRINCIPAL PLACE OF BUSINESS (Required) Rizikon, Inc. Novi, MI
ESTIMATED SCHEDULE OF PROJECT
This project is expected to be completed 100 days after issuance of notice to proceed.
CONTRACT ADMINISTRATOR
Sara Hensley, Assistant City Manager
FISCAL INFORMATION (Required)
The project will be funded from the Risk Management fund, using account number 860002.7879. While this expense is unbudgeted, the Risk Fund has adequate fund balance to cover this expenditure.
Attachment 1: Contract Requested by:
Name: Sara Hensley
Phone: 940-349-8224
Respectfully submitted:
Tabitha Millsop Purchasing
Expenditure Approved: __________________________ City Manager or Designate
__________________________ Date
DocuSign Envelope ID: A08A7142-817C-4D6A-A938-2A540E43D015
City of Denton, Texas RFP 7199
Standard Agreement for Professional Services
Revised Date: 9/11/18
Page 1 of 12
PROFESSIONAL SERVICES AGREEMENT
FOR CONSULTING SERVICES
RFP 7199
STATE OF TEXAS § COUNTY OF DENTON §
THIS AGREEMENT (the “Agreement”) is made and entered into on ________________________, by and between the City of Denton, Texas, a Texas municipal corporation, with its principal office at 215 East McKinney Street, Denton, Denton County,
Texas 76201, hereinafter called “OWNER” and Rizikon, Inc., with its corporate office at
39500 High Pointe Blvd, # 400, Novi, MI 48375, hereinafter called “CONSULTANT,” acting
herein, by and through their duly authorized representatives. WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows:
ARTICLE I
CONSULTANT AS INDEPENDENT CONTRACTOR The OWNER has selected CONSULTANT on the basis of demonstrated competence and qualifications to perform the services herein described for a fair and reasonable price pursuant to
Chapter 2254 of the Texas Government Code. The OWNER hereby contracts with the CONSULTANT as an independent contractor and not as an employee, and as such, the OWNER will not assert control over the day-to-day operations of the CONSULTANT. The CONSULTANT is customarily engaged to provide services as described herein independently and on a nonexclusive basis in the course of its business. This Agreement does not in any way
constitute a joint venture between OWNER and CONSULTANT. The CONSULTANT hereby agrees to perform the services described herein based on the skills required for the scope of work in connection with the Project as stated in the sections to follow, with diligence and in accordance with the highest professional standards customarily obtained for such services in the State of Texas. The professional services set out herein are in connection with the following
described project: The Project shall include, without limitation, Risk and Safety Program Assessment, as described in Exhibit A, which is on file at the purchasing office and incorporated herein
(the “Project”).
ARTICLE II
SCOPE OF BASIC SERVICES The CONSULTANT shall perform the following services in a professional manner:
DocuSign Envelope ID: A08A7142-817C-4D6A-A938-2A540E43D015
City of Denton, Texas RFP 7199
Standard Agreement for Professional Services
Revised Date: 9/11/18
Page 2 of 12
A. The CONSULTANT shall perform all those services as necessary and as described in the OWNER’s RFP 7199 Risk and Safety Program Assessment, which is on file at the purchasing office and made a part hereof as Exhibit A as if written word for word herein.
B. To perform all those services set forth in CONSULTANT’s proposal, which proposal is
attached hereto and made a part hereof as Exhibit B and C as if written word for word herein. C. CONSULTANT shall perform all those services set forth in individual task orders, as
described in Exhibit B and C, which shall be attached to this Agreement and made a part
hereof. D. If there is any conflict between the terms of this Agreement and the exhibits attached to this Agreement, the terms and conditions of this Agreement will control over the terms
and conditions of the attached exhibits or task orders.
ARTICLE III
ADDITIONAL SERVICES Additional services to be performed by the CONSULTANT, if authorized by the
OWNER, which are not included in the above-described Basic Services, may be negotiated as needed. A. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications.
B. Preparing data and reports for assistance to OWNER in preparation for hearings before regulatory agencies, courts, arbitration panels or mediator, giving testimony, personally or by deposition, and preparations therefore before any regulatory agency, court, arbitration panel or mediator.
C. Assisting OWNER in preparing for, or appearing at litigation, mediation, arbitration,
dispute review boards, or other legal and/or administrative proceedings in the defense or prosecution of claims disputes with Contractor(s).
D. Assisting OWNER in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this AGREEMENT. Such services, if any, shall be furnished by CONSULTANT on a fee basis negotiated by the respective parties outside
of and in addition to this AGREEMENT.
E. Visits to the site in excess of the number of trips included in Exhibit B and C.
F. Preparing statements for invoicing or other documentation for billing other than for the standard invoice for services attached to this professional services agreement.
DocuSign Envelope ID: A08A7142-817C-4D6A-A938-2A540E43D015
City of Denton, Texas RFP 7199
Standard Agreement for Professional Services
Revised Date: 9/11/18
Page 3 of 12
ARTICLE IV
TIME OF COMPLETION CONSULTANT is authorized to commence work under this contract upon execution of this
AGREEMENT. CONSULTANT shall perform and complete its obligations herein in a prompt
and continuous manner, so as to not delay the completion of the Project in accordance with the schedules as described in Exhibit B and C. The contract shall remain effective for a period which may reasonably be required for the completion of the Project, acceptance by an authorized representative of the OWNER, exhaustion of authorized funds, or termination as provided in this
Agreement, whichever occurs first.
ARTICLE V
COMPENSATION
A. COMPENSATION TERMS:
1. “Subcontract Expense” is defined as expenses incurred by the CONSULTANT in employment of others in outside firms for services related to this agreement. 2. “Direct Non-Labor Expense” is defined as that expense for any assignment
incurred by the CONSULTANT for supplies, transportation and equipment, travel, communications, subsistence, and lodging away from home, and similar incidental expenses in connection with that assignment. B. BILLING AND PAYMENT: For and in consideration of the professional services to be
performed by the CONSULTANT herein, the OWNER agrees to pay, based on the cost estimate detail in Exhibit B and C which is attached hereto and made a part of this Agreement as if written word for word herein, a total fee, including reimbursement for direct non-labor expenses not to exceed $56,590.
Partial payments to the CONSULTANT will be made on the basis of detailed monthly statements rendered to and approved by the OWNER through its City Manager or his designee; however, under no circumstances shall any monthly statement for services exceed the value of the work performed at the time a statement is rendered.
Nothing contained in this Article shall require the OWNER to pay for any work which is unsatisfactory, as reasonably determined by the City Manager or his designee, or which is not submitted in compliance with the terms of this Agreement. The OWNER shall not be required to make any payments to the CONSULTANT when the CONSULTANT is in default under this Agreement.
It is specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by the OWNER for any charge, expense, or reimbursement above the maximum not to exceed fee as stated, without first having obtained written authorization
from the OWNER. The CONSULTANT shall not proceed to perform the services listed
in Article III “Additional Services,” without obtaining prior written authorization from the OWNER.
DocuSign Envelope ID: A08A7142-817C-4D6A-A938-2A540E43D015
City of Denton, Texas RFP 7199
Standard Agreement for Professional Services
Revised Date: 9/11/18
Page 4 of 12
C. ADDITIONAL SERVICES: For additional services authorized in writing by the OWNER in Article III. Payments for additional services shall be due and payable upon submission by the CONSULTANT and approval by the City staff, and shall be in
accordance with subsection B hereof. Statements shall not be submitted more frequently
than monthly. D. PAYMENT: If the OWNER fails to make payments due the CONSULTANT for
services and expenses within thirty (30) days after receipt of the CONSULTANT’s
undisputed statement thereof, the amounts due the CONSULTANT will be paid interest
in accordance with the Texas Government Code 2251.025. Additionally, the
CONSULTANT may, after giving seven (7) days’ written notice to the OWNER, suspend services under this Agreement until the CONSULTANT has been paid in full all amounts due for services, expenses, and charges. Nothing herein shall require the
OWNER to pay the late charge if the OWNER reasonably determines that the work is
unsatisfactory, in accordance with this Article V, “Compensation,” there is a bona fide dispute concerning the amount due, or the invoice was not mailed to the address or in the form as described in this Agreement. The OWNER will notify CONSULTANT of any disputes within twenty-one (21) days of receipt of the invoice.
E. Invoices shall be sent directly to the City of Denton Accounts Payable Department, 215 E McKinney St, Denton, TX, 76201-4299. A pro-forma invoice shall be sent to the contract administrator. It is the intention of the City of Denton to make payment on completed orders within thirty days after receipt of invoice or items; whichever is later, unless unusual circumstances arise. Invoices must be fully documented as to labor,
materials, and equipment provided, if applicable, and must reference the City of
Denton Purchase Order Number in order to be processed. No payments shall be
made on invoices not listing a Purchase Order Number.
ARTICLE VI
OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to the OWNER any defects or deficiencies in the work of the CONSULTANT or any subcontractors or subconsultants.
ARTICLE VII
OWNERSHIP OF DOCUMENTS All documents prepared or furnished by the CONSULTANT (and CONSULTANT’s
subcontractors or subconsultants) pursuant to this Agreement are instruments of service, and shall become the property of the OWNER upon the termination of this Agreement. The CONSULTANT is entitled to retain copies of all such documents. The documents prepared and furnished by the CONSULTANT are intended only to be applicable to this Project, and
OWNER’s use of these documents in other projects shall be at OWNER’s sole risk and expense.
In the event the OWNER uses any of the information or materials developed pursuant to this Agreement in another project or for other purposes than specified herein, CONSULTANT is released from any and all liability relating to their use in that project.
DocuSign Envelope ID: A08A7142-817C-4D6A-A938-2A540E43D015
City of Denton, Texas RFP 7199
Standard Agreement for Professional Services
Revised Date: 9/11/18
Page 5 of 12
ARTICLE VIII
INDEMNITY AGREEMENT
THE CONSULTANT SHALL INDEMNIFY AND SAVE AND HOLD HARMLESS
THE OWNER AND ITS OFFICERS, OFFICIALS, AGENTS, AND EMPLOYEES FROM
AND AGAINST ANY AND ALL LIABILITY, CLAIMS, DEMANDS, DAMAGES,
LOSSES, AND EXPENSES, INCLUDING, BUT NOT LIMITED TO COURT COSTS
AND REASONABLE ATTORNEY FEES ASSERTED AGAINST OR INCURRED BY
THE OWNER, AND INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
BODILY AND PERSONAL INJURY, DEATH AND PROPERTY DAMAGE,
RESULTING FROM THE NEGLIGENT ACTS OR OMISSIONS OF THE
CONSULTANT OR ITS OFFICERS, SHAREHOLDERS, AGENTS, OR EMPLOYEES
INCIDENTAL TO, RELATED TO, AND IN THE EXECUTION, OPERATION, OR
PERFORMANCE OF THIS AGREEMENT.
Nothing in this Agreement shall be construed to create a liability to any person who is not
a party to this Agreement, and nothing herein shall waive any of the parties’ defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby
expressly reserved.
ARTICLE IX
INSURANCE
During the performance of the services under this Agreement, CONSULTANT shall maintain insurance in compliance with the requirements of Exhibit D which is attached hereto and made a part of this Agreement as if written word for word herein.
ARTICLE X
ALTERNATIVE DISPUTE RESOLUTION The parties may agree to settle any disputes under this Agreement by submitting the dispute to mediation with each party bearing its own costs of mediation. No mediation arising
out of or relating to this Agreement, involving one party’s disagreement may include the other
party to the disagreement without the other’s approval. Mediation will not be a condition precedent to suit.
ARTICLE XI
TERMINATION OF AGREEMENT
A. Notwithstanding any other provision of this Agreement, either party may terminate by
giving thirty (30) days’ advance written notice to the other party. B. This Agreement may be terminated in whole or in part in the event of either party
substantially failing to fulfill its obligations under this Agreement. No such termination will be affected unless the other party is given (1) written notice (delivered by certified mail, return receipt requested) of intent to terminate and setting forth the reasons
DocuSign Envelope ID: A08A7142-817C-4D6A-A938-2A540E43D015
City of Denton, Texas RFP 7199
Standard Agreement for Professional Services
Revised Date: 9/11/18
Page 6 of 12
specifying the non-performance, and not less than fifteen (15) calendar days to cure the failure; and (2) an opportunity for consultation with the terminating party prior to termination.
C. If the Agreement is terminated prior to completion of the services to be provided
hereunder, CONSULTANT shall immediately cease all services and shall render a final bill for services to the OWNER within thirty (30) days after the date of termination. The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed and for reimbursable expenses to termination incurred prior to the date of
termination, in accordance with Article V “Compensation.” Should the OWNER
subsequently contract with a new consultant for the continuation of services on the Project, CONSULTANT shall cooperate in providing information. The CONSULTANT shall turn over all documents prepared or furnished by CONSULTANT pursuant to this Agreement to the OWNER on or before the date of termination, but may maintain copies
of such documents for its use.
ARTICLE XII
RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the OWNER shall not constitute, nor be deemed a release of the
responsibility and liability of the CONSULTANT, its employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption of such responsibility by the OWNER for any defect in the design or other work prepared by the CONSULTANT, its employees, subcontractors, agents, and consultants.
ARTICLE XIII
NOTICES All notices, communications, and reports required or permitted under this Agreement
shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below, certified mail, return receipt requested, unless otherwise
specified herein. Mailed notices shall be deemed communicated as of three (3) days’ mailing: To CONSULTANT: To OWNER:
Rizikon, Inc. City of Denton Ryan Churella Purchasing Manager –RFP 7199 VP of Operations 901B Texas Street 39500 High Pointe Blvd., #400 Denton, Texas 76201
Novi, MI 48375 All notices shall be deemed effective upon receipt by the party to whom such notice is
given, or within three (3) days’ mailing.
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City of Denton, Texas RFP 7199
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Revised Date: 9/11/18
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ARTICLE XIV
ENTIRE AGREEMENT
This Agreement and related exhibits constitute the complete and final expression of this
Agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof.
ARTICLE XV
SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent
jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of
this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision.
ARTICLE XVI
COMPLIANCE WITH LAWS The CONSULTANT shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as those laws may now read or hereinafter be amended.
ARTICLE XVII
DISCRIMINATION PROHIBITED In performing the services required hereunder, the CONSULTANT shall not discriminate
against any person on the basis of race, color, religion, sex, sexual orientation, national origin or ancestry, age, or physical handicap.
ARTICLE XVIII
PERSONNEL
A. The CONSULTANT represents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or officers of, or have any contractual relations with the OWNER. CONSULTANT shall inform the OWNER of any conflict of interest or
potential conflict of interest that may arise during the term of this Agreement. B. All services required hereunder will be performed by the CONSULTANT or under its supervision. All personnel engaged in work shall be qualified, and shall be authorized and permitted under state and local laws to perform such services.
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ARTICLE XIX
ASSIGNABILITY
The CONSULTANT acknowledges that this Agreement is based on the demonstrated
competence and specific qualifications of the CONSULTANT and is therefore personal as to the CONSULTANT. Therefore, the CONSULTANT shall not assign any interest in this Agreement, and shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of the OWNER.
ARTICLE XX
MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, or limitation
herein contained shall be valid unless in writing and duly executed by the party to be charged
therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed; and the parties further agree that the provisions of this section will not be waived unless as set forth herein.
ARTICLE XXI
MISCELLANEOUS A. The following exhibits are attached to and made a part of this Agreement:
Exhibit A – RFP 7199 – Risk and Safety Program Assessment for the City of Denton (on file at the purchasing office) Exhibit B – Consultant’s Proposal and Project Schedule Exhibit C – Clarification to the Proposal Exhibit D – Consultant’s Insurance Requirements
What is called for by one exhibit shall be as binding as if called for by all. In the event of an inconsistency or conflict in this Agreement and any of the provisions of the exhibits, the inconsistency or conflict shall be resolved by giving precedence first to this Agreement then to the exhibits in the order in which they are listed above.
B. This Agreement shall be governed by, construed, and enforced in accordance with, and subject to, the laws of the State of Texas or federal law, where applicable, without regard to the conflict of law principles of any jurisdiction. In the event there shall be any dispute arising out of the terms and conditions of, or in connection with, this Agreement, the
party seeking relief shall submit such dispute to the District Courts of Denton County or if federal diversity or subject matter jurisdiction exists, to the United States District Court for the Eastern District of Texas-Sherman Division. C. For the purpose of this Agreement, the key persons who will perform most of the work
hereunder shall be Eric Waidelich and AJ Hale. However, nothing herein shall limit CONSULTANT from using other equally qualified and competent members of its firm to perform the services required herein.
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D. CONSULTANT shall commence, carry on, and complete any and all projects with all applicable dispatch, in a sound, economical, and efficient manner and in accordance with the provisions hereof. In accomplishing the projects, CONSULTANT shall take such
steps as are appropriate to ensure that the work involved is properly coordinated with
related work being carried on by the OWNER. E. The OWNER shall assist the CONSULTANT by placing at the CONSULTANT’s disposal all available information pertinent to the Project, including previous reports, any
other data relative to the Project, and arranging for the access thereto, and make all
provisions for the CONSULTANT to enter in or upon public and private property as required for the CONSULTANT to perform services under this Agreement. F. The captions of this Agreement are for informational purposes only, and shall not in any
way affect the substantive terms or conditions of this Agreement.
G. 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.
ARTICLE XXII
INDEPENDENT CONTRACTOR CONSULTANT shall provide services to OWNER as an independent contractor, not as an employee of the OWNER. CONSULTANT shall not have or claim any right arising from
employee status.
ARTICLE XXIII
RIGHT TO AUDIT
The OWNER shall have the right to audit and make copies of the books, records and
computations pertaining to this agreement. The CONTRACTOR shall retain such books, records, documents and other evidence pertaining to this agreement during the contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within 10 business days of written
request. Further, the CONTRACTOR shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to this agreement, and to allow the OWNER similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Denton. The cost of the audit will be borne by the OWNER unless the audit reveals an overpayment of 1% or greater. If an
overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by the CONTRACTOR which must be payable within five business days of receipt of an invoice. Failure to comply with the provisions of this section shall be a material breach of this contract
and shall constitute, in the OWNER’S sole discretion, grounds for termination thereof. Each of the terms "books", "records", "documents" and "other evidence", as used above, shall be
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Revised Date: 9/11/18
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construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document.
ARTICLE XXIV
Prohibition On Contracts With Companies Boycotting Israel
Supplier acknowledges that in accordance with Chapter 2270 of the Texas Government Code, City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and
(2) will not boycott Israel during the term of the contract. The terms “boycott Israel” and
“company” shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this agreement, Supplier certifies that Supplier’s signature
provides written verification to the City that Supplier: (1) does not boycott Israel; and (2) will
not boycott Israel during the term of the agreement. Failure to meet or maintain the
requirements under this provision will be considered a material breach.
ARTICLE XXV
Prohibition On Contracts With Companies Doing Business with Iran, Sudan, or a
Foreign Terrorist Organization
Section 2252 of the Texas Government Code restricts CITY from contracting with companies that do business with Iran, Sudan, or a foreign terrorist organization. By signing this agreement,
Supplier certifies that Supplier’s signature provides written verification to the City that
Supplier, pursuant to Chapter 2252, is not ineligible to enter into this agreement and will not
become ineligible to receive payments under this agreement by doing business with Iran,
Sudan, or a foreign terrorist organization. Failure to meet or maintain the requirements under this provision will be considered a material breach.
ARTICLE XXVI
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)
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Revised Date: 9/11/18
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The OWNER must acknowledge the receipt of the filed Form 1295 not later than the 30th day after Council award. Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics
Commission’s website within seven business days.
ARTICLE XXVII
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 as
defined in the City’s Ethic Ordinance 18-757 and in the City Charter chapter 2 article XI(Ethics). Any willful violation of this section shall constitute impropriety in office, and any officer or employee guilty thereof shall be subject to disciplinary action up to and including dismissal. Any
violation of this provision, with the knowledge, expressed or implied, of the Contractor shall
render the Contract voidable by the City. The Contractor shall complete and submit the City’s Conflict of Interest Questionnaire. IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager, and CONSULTANT has executed this Agreement
through its duly authorized undersigned officer on this date______________________. BY: CITY OF DENTON, TEXAS BY: Ryan Churella
Authorized Agent Date: __________________
Rizikon, Inc.
Ryan Churella VP of Operations
Date: ____________________________ THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED
as to financial and operational obligations and business terms. _________________________ Signature
_________________________ Title _________________________
Department Date Signed: ______________
_________________________________
TEXAS ETHICS COMMISSION CERTIFICATE NUMBER
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City of Denton, Texas RFP 7199
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Revised Date: 9/11/18
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Exhibit A RFP 7199 Risk and Safety Program Assessment for the City of Denton (on file in the purchasing office)
DocuSign Envelope ID: A08A7142-817C-4D6A-A938-2A540E43D015
Proposal for: City of Denton, Texas
www.rizikon.net
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Proposal
Exhibit B
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Proposal for: City of Denton, Texas
www.rizikon.net
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Statement of Understanding
The anticipated Period of Performance (PoP) will be ninety (90) days from the date in which the
Notice to Proceed is issuedCoordination of scheduling shall be a joint effort between the
contractor and the City of Denton.
Rizikon shall conduct and deliver a Risk and Safety Program Assessment (RaSPA) to include a
comprehensive administrative and operational assessment of the City’s risk and safety structure,
culture, and programs and identify opportunities for improvement.
Our staff services will include, but not limited to, leveraging industry knowledge and best practices
to assess the existing program and make recommendations for improvement within existing City
risk and safety programs, organizational structure, talent level, initiatives, training, metrics,
policies, as well as peer and non-peer benchmarking.
Rizikon shall prepare and submit a final report detailing key findings and recommendations for
each assessment focus area to improve risk and safety performance. We will provide an in-person
presentation to the City’s senior leadership team detailing the assessment findings and
recommendations. These findings shall incorporate a blueprint for a risk and safety manual to
include;
1. Assessment, management, control, audit and review processes, policies, and procedures
2. Program financing recommendations
3. Metrics, to include key performance indicators
4. Safety software solutions (when applicable).
Acknowledgement of Amendments
No amendments had been issued at time of submission.
Provisions Incorporated, By Reference
The offeror, Rizikon, Inc., represents, by this submission that it is in agreement with the
requirements set forth in the provisions outlined in the solicitation 7199, entitled “Risk and Safety
Program Assessment” and shall comply with the terms outlined therein.
Furthermore, Rizikon, Inc. certifies and attests that the company profile is complete within the
City of Denton, ionwave based electronic bidding and supplier-management system, eBid.
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Company Description
Working as a partner for governmental entities, tribal nations and commercial sector clients,
Rizikon assists organizations maintain operational continuity and structural resilience through
effective risk management programs. We actively work with clients on solutions which maximize
efficiencies, reduce risk factors and maintain compliance with regulatory requirements in the most
cost-effective manner possible.
Rizikon professionals address risk within organizations, providing knowledge and a structure to
understand and respond to operational conditions. We present opportunities for improvement with
relevant risk insight delivered through common, integrated risk identification, analysis and
management disciplines. We enhance each client’s organizational stability by formulating and
strengthening governance, refining decision making processes, and supporting a risk intelligent
culture.
The visual below does not represent our client history. Rather, it represents our “Active / Current”
list of government clients, which include:
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Internal Auditing Services
Our audit professionals help clients assess and transform their current systems to world-class
levels. We work closely with clients in a wide range of industries, assisting them with assessing
their risk profile; detecting and mitigating those risks to assist in the execution of their strategic
plan; keeping abreast of leading practices and emerging trends; and benchmarking data.
Regulatory & Compliance Analysis
Our regulatory and compliance team leverages deep knowledge of industry specific regulations
with tools, and methodologies to design, assess, and transform the processes, controls, and
infrastructure needed to mitigate risk and stay in compliance. Our capabilities include designing
the target, assessing policies and procedures, testing and monitoring as well as building the
analytics and reporting structures to allow for ongoing measurement and analysis.
Risk Planning
Our experts analyze the gap between real and perceived readiness within your organization.
Evaluating existing risks and the City’s ability to manage them. Our professionals have experience
across all phases of the risk management lifecycle in the areas of strategy, policy and planning,
governance, financial and regulatory compliance, data analytics and reporting, human capital,
stakeholder engagement, outreach, and more.
Site Audits and Specialized Industry Audits
RESHAPe is the tool we utilize to perform a risk and safety program assessment. The system is
based on standards and guidelines most often found in world-class programs and designed to
provide the client with a blueprint for world class performance. By conducting this assessment,
governmental entities can be assured that established risk management, environmental and safety
processes are identified and assessed. Individual findings are rated based on level of compliance.
Recommendations are provided to assist in the City in its development of a strategic plan.
It is an approach that makes sense. The lack of quantifiable knowledge and data can adversely
impact the decision making process, operational continuity, the well-being of staff, and the safety
of the community you serve.
City of Denton | Request for Comprehensive Analysis
Assessments are structured to assess an organizations performance against its own internal
standards. These audits often exceed regulatory requirements and encompass specific best
practices or requirements set forth by some of the most stringent governing bodies such as a
Military Specifications (MIL-SPEC), and accreditation bodies such as The Joint Commission on
Accreditation of Healthcare Organizations (JCAHO). Rizikon develops protocols for each project,
unique to that client.
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The municipal assessment is an all-encompassing evaluation which involves the aspects of the
administrative compliance audit as well as a property wide evaluation. There are twenty-five (25)
elements that are evaluated, with findings outlined in the final report. At the client’s request,
additional aspects may be added to include items such as historical trends.
Project Team
At Rizikon, we don’t just provide solutions, we pursue excellence to help our clients achieve their
operational goals. As a member of the FDI Group of companies, our strategy is to bring the best
solutions, the best people and the best service to our clients. We continually look at ways to
innovate, and to draw upon our core values to make a meaningful difference.
Our advisory teams are made up of seasoned experts with a deep understanding of the challenges
facing our municipal clients. The FDI Group of companies has more than 45 years’ experience in
the development, delivery and administration of providing risk solutions.
As you will see in our response, the Rizikon team assigned to this project offers subject matter
expertise in the performance of comprehensive Risk and Safety Program Assessments. Eric
Waidelich, a veteran of the United States Navy, and a CHSP, will bring his risk management and
safety program management expertise. Eric will be supported by AJ Hale, an expert in municipal
safety programs, a certified safety manager and current Chairman of the Board for the Michigan
Safety Conference.
In compliance with the RFP, we have included copies of their resumes with our response, as
Attachment C: Team Resumes
Due to the fact that the tasks as specified in the Scope of Work are interdependent, our team has
developed an example preliminary action plan that provides a framework to execute each task in
the most efficient manner, Attachment G: Project Timeline.
Our key tasks will be organized in three major phases:
Phase 1: Project Launch
Based on prior experience of executing similar task-oriented contracts, it is essential that a clear
understanding of the objectives are established prior to initiating the project. To foster a
collaborative approach, the City of Denton will have the opportunity to provide feedback and
direction throughout the project life-cycle. Our approach outlined below will ensure that a clear
understanding is achieved between both parties about the content and context of work performed
by the Rizikon Team.
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Phase 2: Project Execution
The tasks outlined in the Scope of Work below are essential to the successful development of a
Safety and Risk Blueprint (SaRB). The Rizikon Team will utilize proven best practices and our
proven experience in forming an efficient strategy to accomplish the assigned tasks in this phase.
Phase 3: Project Closeout
Project closeout will be done in accordance with City of Denton specifications as indicated in the
RFP. Upon completion of this project and finalization of deliverables, Rizikon will provide the
Project Manager a report which summarizes the project activities, findings, and recommendations
for future initiatives.
Scope of Work
PHASE 1: Project Launch
Task 1.1 - Kickoff Meeting with the City
The Rizikon Team will meet with the designated City representative(s) to review and coordinate
the tasks of the assigned project. During this meeting, we will introduce the proposed RIZIKON
Team, present the Project Management Plan, identify initial data requests, and establish processes
for collecting data, designation of control, points of contact and quantity of and schedule for project
deliverables. Additionally, we will discuss and define administrative requirements for the project,
including correspondence, invoicing, and other related project issues. This project kick-off
meeting will outline expectations and responsibilities. The management plan will be modified as
needed based on the results of this initial meeting.
Task 1.2 - Project Status Reporting
Weekly Project Status Reports: The Rizikon Project Manager will provide a "Weekly Status
Report" to the designated City representative(s) by participating in weekly project status meetings
and/or conference calls at the convenience of the City. The purpose of these meetings will be to
ensure tasks are on schedule, within budget, and that any immediate issues or concerns can be
mitigated and/or resolved.
PHASE 2: Project Execution
Rizikon will utilize proven best practices in forming an efficient strategy to accomplish the
assigned tasks while building a consensus with all parties involved with the project. The tasks will
be completed successfully using Rizikon's corporate values and principles which stress
collaboration, expertise, integration, and compliance.
Task 2.1 - Conduct a Comprehensive Internal Assessment to include:
1. An on-site assessment of the City’s existing risk and safety program.
2. An assessment of existing organizational risk and safety practices, initiatives and culture
through document review, personnel interviews and onsite observations. Interviews will
include individuals from all levels of the organization and each department.
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3. An assessment of service area and departmental risk and safety practices and initiatives.
4. An assessment policies and training materials.
Task 2.2 - Complete a Statistical Assessment of the effectiveness of the City of Denton’s
existing program
1. Assess the City against current risk and safety best practices and benchmarks established by
other public entities, private industry, and safety support organizations.
2. Utilizing best in class public and/or industry statistics, benchmark the City’s performance by
operating units (police, utilities, etc.) to determine how the City is performing as compared
to its world class peers.
Task 2.3 - Perform and Operational and Organizational Assessment
1. Assess the organization’s resources and talent level for individuals with direct responsibility
and accountability for the risk and safety program.
2. Complete an evaluation of the existing organizational structure, teams, and propose
potential alternate structures to enhance the risk and safety program.
3. Evaluate the performance of all software packages used to track/maintain/organize City
safety data
PHASE 3 – The Deliverables
1. Rizikon will complete the following tasks within 90 days of a notice to proceed
2. An Annotated preliminary discussion and findings for improvements for each assessment
focus area (internal, statistical, and organizational).
3. Recommend a blueprint for a risk and safety manual to include;
a. Assessment, management, control, and audit and review processes, policies, and
procedures
b. Program financing recommendations
c. Metrics, to include key performance indicators
d. Safety software solutions
4. Prepare a final report detailing key findings and recommendations for each assessment
focus area to improve risk and safety performance.
5. Provide an in-person presentation to the City’s senior leadership team detailing the
assessment findings and recommendations.
Meeting Schedule:
One important distinction in our client driven delivery system in that our team is available to meet
with our clients “face to face” as often as necessary. We believe it is important to understand our
clients’ expectations and be available in order to serve them effectively.
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Based on the scope of the project, Rizikon suggests the following meeting schedule, with the
ability to adjust based on need:
• Meeting 1: The kickoff meeting will include discussion of roles, responsibilities, decision-
making processes, administrative procedures, and communication strategies in the
performance of the project.
• Meeting 2: At this meeting, Rizikon will present to the City of Denton Project Team what
tasks have been accomplished to date, and the activities that remain.
• Meeting 3: At this meeting, Rizikon will present to the City of Denton Project Team what
tasks have been accomplished to date, and the activities that remain.
• Meeting 3: Rizikon will present the results of the initial risk assessment analyses and will
answer questions from the City of Denton Project Team.
• Meeting 4: In this meeting, Rizikon will lead the City of Denton Project Team in a
brainstorming session to list and prioritize mitigation strategies that need to be updated or
added.
• Meeting 5: In this meeting, Rizikon will conduct the in-person presentation to the City’s
senior leadership team detailing the assessment findings and recommendations.
Rizikon will provide regular correspondence to the City’s designated Project Manager, and other
designees as requested. This will be accomplished with face-face discussions, telephone
conference calls, e-mails, interviews, and additional meetings, as necessary.
Project Pricing
Based on the specifications outlined in the RFP, the geographic size of the City, the number of
facilities to be assessed, it is our estimation that the project will require forty-three (43) workdays
to complete.
The estimation is further based on Rizikon utilizing two expert staff members that shall operate
collaboratively but separately during the onsite assessment and data collection process.
The quoted amount of this project is forty-two thousand and five hundred dollars, ($42,500).
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55 Certificate of Interesentd Parties Electronic Filing
In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code.
The law states that the City may not enter into this contract unless the Contractor submits a disclosure of interested
parties (Form 1295) to the City at the time the Contractor submits the signed contract. The Texas Ethics
Commission has adopted rules requiring the business entity to file Form 1295 electronically with the Commission.
Contractor will be required to furnish an original Certificate of Interest Parties before the contract is
awarded, in accordance with Government Code 2252.908.
The contractor shall:
1. Log onto the State Ethics Commission Website at :
https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm
2. Register utilizing the tutorial provided by the State
3. Print a copy of the completed Form 1295
4. Enter the Certificate Number on page 2 of this contract.
5. Sign the Form 1295
6. Email the form to purchasing@cityofdenton.com with the contract number in the subject line. (EX: Contract
1234 - Form 1295)
7. The City must acknowledge the receipt of the filed Form 1295 not later than the 30th day after Council award.
Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics Commission's website within seven
business days.
Acknowledge
(Optional: Check if applicable)
Bid Lines
1 Total cost to perform Risk and Safety Program Assessment.
(Response required)
Price:$Total:$
Supplier Notes:No bid
Additional notes
(Attach separate sheet)
(O t
DocuSign Envelope ID: A08A7142-817C-4D6A-A938-2A540E43D015
Proposal for: City of Denton, Texas
www.rizikon.net
61 Project Lead:Eric Waidelich Team Members:AJ HaleEstimated Duration of Project: 43 Working DaysJanuary February MarchTaskDuration6 7 8 9 10131415161720212223242728293031 3 4 5 6 7 101112131417181920212425 26 27 28 2 3 4 5 6 9 10 11Project Launch1) Project Launch Mtg. 1 Day2) Project Management Plan & Schedule 2 Days3) Project Status Meetings4) Emails, phone calls, one-on-one meetings as neededAction Item A : Conduct a Comprehensive Internal Assessment1) On-site assessment of the City’s existing risk and safety program 3 Days2) Assess existing risk, safety practices, initiatives and culture. 2 Days3) Assess service areas and departmental risk and safety practices 9 Days4) Assessment policies and training materials 2 DaysAction Item B - Statistical assessment of City of Denton’s program effectiveness1) Assess the City against current risk and safety best practices and benchmarks 2.5 Days2) Determine how the City is performing as compared to its world class peers 2.5 DaysAction Item C - Perform and Operational and Organizational Assessment1) Assess the organization’s resources, talent & accountability2 Days2) Propose potential alternate structures in pursuit of best practices 1 Day3) Evaluate software systems used to track/maintain/organize City safety data 2 DaysAction Item D - Deliverables1) Annotated preliminary discussion and findings for improvements 4 Days2) Recommend a organizational blueprint for a risk and safety 3 Days2b) Review Semi-Final Draft with Denton Project Team 1 Day3) Prepare a final report detailing key findings and recommendations 3 Days3b) Review Final Draft with Denton Project Team 1 Day4) Provide an in-person presentation to the City’s senior leadership team 1 DayProject Closing1) Final activities, document returns, etc. 2 DaysLEGEND:Launch Related Activities Data Collection & Assessment Activities Documentation Generation & Recommendation Project Closing Related ActivitiesCity of Denton, TXPoject Management PlanDates set aside by Rizikon in case project runs long due to unforeseen circumstances. Project Lead:Eric Waidelicham Members:AJ HaleJanuaryFebruaaaaaryrryryryryDuration678910131415161720212223242728293031345666710101111121333331417181 Day2 Daysram3 Days2 Daysces9 Days2 Dayseffectivenessand benchmarks 2.5 Daysrld class peers2.5 Dayssment2 Daystices1 DayyyCity safety data2 2 D2 D2 Da2 Da22 Dayyysysysyyents4 DaDaaaaayysysysysys3 Da3 Da3 Daysysysyysys1 D1 Da1 DaDaDaDayyyyations 33 3 D3 Da33 Dys1 Dayship team1 DayDocuSign Envelope ID: A08A7142-817C-4D6A-A938-2A540E43D015
Response to Clarification to the Scope of Work
www.rizikon.net
January 3, 2020
Tabitha Millsop
Assistant Purchasing Manager
City of Denton 901-B Texas Street
Denton, TX 76209
Re: Clarification to the Scope of Work, Risk and Safety Program Assessment, 7199
Dear Ms. Millsop,
Rizikon, a member of the FDI Group of Companies, appreciates the opportunity to provide a confirmation and quote
in response to the “Clarification to the Scope of Work” document received on December 27, 2019.
Based on our original interpretation / understanding of the Scope of Work, we can confirm that our proposed
amount of $42,500 will account for the following Action Items:
x Section A - Items 1 and 2, Sub-Items “adequate insurance coverage, financial policies and
procedures”.
x Section A - Items 3 and 4
x Section B - Items 1 and 2
x Section C - Items 1, 2 and 3
x Section D - Items 1, 2, 3 and 4
The original proposal submitted by Rizikon does not include the performance of a HIPAA compliance assessment, or
an EEOC compliance assessment. Within our company, these two subject areas are considered Human Resource
(HR) based audits. As an example, another assessment that is available but considered independent would be the
performance of an “Americans with Disabilities Act (ADA) compliance assessment”.
Section A - Items 1 and 2, Sub-Items HIPAA compliance, EEOC compliance | Cost
These audits are available, and may be conducted concurrently with the “Risk and Safety Program Assessment”.
Based on the size of the City of Denton, we estimate it would require an additional eighty (80) labor hours. Using the
same pricing structure, the performance of the HIPAA & EEOC assessments would cost an additional $14,090.
Rizikon, is committed to provide a comprehensive administrative and operational assessment of the City’s risk and
safety structure, culture, and programs and identify opportunities for improvement. Leveraging our industry
knowledge and best practices to assess the existing program and make recommendations for improvement.
We appreciate your consideration in utilizing our services and look forward to the opportunity to serve you, should the
opportunity arise. If you have any questions or require additional information, please do not hesitate to contact me at
(877) 591-0300 or at rchurella@rizikon.net.
Best regards,
Ryan Churella
Vice President of Operations
Rizikon, Inc.
Exhibit C
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Exhibit D
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention is directed to the insurance requirements below. It is highly recommended
that bidders confer with their respective insurance carriers or brokers to determine in advance
of Bid submission the availability of insurance certificates and endorsements as prescribed and
provided herein. If an apparent low bidder fails to comply strictly with the insurance
requirements, that bidder may be disqualified from award of the contract. Upon bid award, all
insurance requirements shall become contractual obligations, which the successful bidder shall
have a duty to maintain throughout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall
provide and maintain until the contracted work has been completed and accepted by the City of
Denton, Owner, the minimum insurance coverage as indicated hereinafter.
As soon as practicable after notification of bid award, Contractor shall file with the Purchasing
Department satisfactory certificates of insurance, containing the bid number and title of the
project. Contractor may, upon written request to the Purchasing Department, ask for clarification
of any insurance requirements at any time; however, Contractors are strongly advised to make
such requests prior to bid opening, since the insurance requirements may not be modified or
waived after bid opening unless a written exception has been submitted with the bid. Contractor
shall not commence any work or deliver any material until he or she receives notification that
the contract has been accepted, approved, and signed by the City of Denton.
All insurance policies proposed or obtained in satisfaction of these requirements shall comply with
the following general specifications, and shall be maintained in compliance with these general
specifications throughout the duration of the Contract, or longer, if so noted:
x Each policy shall be issued by a company authorized to do business in the State of Texas
with an A.M. Best Company rating of at least A- VII or better.
x Any deductibles or self-insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officials, agents, employees and
volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
x Liability policies shall be endorsed to provide the following:
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x Name as additional insured the City of Denton, its Officials, Agents,
Employees and volunteers.
x That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance
applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability.
x Provide a Waiver of Subrogation in favor of the City of Denton, its officials,
agents, employees, and volunteers.
x Cancellation: City requires 30 day written notice should any of the policies
described on the certificate be cancelled before the expiration date.
x Should any of the required insurance be provided under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract
expiration, such that occurrences arising during the contract term which give rise
to claims made after expiration of the contract shall be covered.
x Should any of the required insurance be provided under a form of coverage that
includes a general annual aggregate limit providing for claims investigation or
legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance.
x Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse.
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall additionally
comply with the following marked specifications, and shall be maintained in compliance with these
additional specifications throughout the duration of the Contract, or longer, if so noted:
[X] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than $1,000,000.00 shall be provided and maintained by the Contractor. The policy shall be written on an
DocuSign Envelope ID: A08A7142-817C-4D6A-A938-2A540E43D015
occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001 current edition) is used:
x Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage.
x Coverage B shall include personal injury.
x Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least:
x Bodily injury and Property Damage Liability for premises, operations,
products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures.
x Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability.
[X] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000.00 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all
automobiles and mobile equipment used in conjunction with this contract.
Satisfaction of the above requirement shall be in the form of a policy endorsement for:
x any auto, or
x all owned, hired and non-owned autos.
[ ] Workers’ Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in
addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work
performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096
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of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC).
[ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the
prosecution of the work or Contractor's operations under this contract. Coverage shall be
on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with an aggregate.
[X] Professional Liability Insurance Professional liability insurance with limits not less than $1,000,000 per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement.
[ ] Builders' Risk Insurance Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear.
[ ] Commercial Crime Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The employee fidelity
portion of this coverage should be written on a “blanket” basis to cover all employees, including new hires. This type insurance should be required if the contractor has access to
City funds. Limits of not less than each occurrence are required. [ ] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and
specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications.
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ATTACHMENT 1
[ ] Workers’ Compensation Coverage for Building or Construction Projects for
Governmental Entities A. Definitions:
Certificate of coverage ("certificate")-A copy of a certificate of insurance, a certificate
of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all
persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity
which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets.
B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends
during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and
provide to the governmental entity:
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1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for
all persons providing services on the project; and
2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project.
F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within 10 days after the contractor knew or should have known, of
any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to:
1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project;
2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project;
3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4) obtain from each other person with whom it contracts, and provide to the contractor:
a) certificate of coverage, prior to the other person beginning work on the project; and b) a new certificate of coverage showing extension of coverage, prior to the end
of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project;
DocuSign Envelope ID: A08A7142-817C-4D6A-A938-2A540E43D015
5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter;
6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and
7) Contractually require each person with whom it contracts, to perform as required
by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage,
the contractor is representing to the governmental entity that all employees of the
contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false
or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor’s failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if
the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity.
DocuSign Envelope ID: A08A7142-817C-4D6A-A938-2A540E43D015
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.
1 Name of vendor who has a business relationship with local governmental entity.
2
Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th 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
DocuSign Envelope ID: A08A7142-817C-4D6A-A938-2A540E43D015
Certificate Of Completion
Envelope Id: A08A7142817C4D6AA9382A540E43D015 Status: Completed
Subject: ****City Manager Approval ******Docusign Item 7199 - Risk and Safety Program Assessment
Source Envelope:
Document Pages: 34 Signatures: 5 Envelope Originator:
Certificate Pages: 6 Initials: 1 Tabitha Millsop
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
tabitha.millsop@cityofdenton.com
IP Address: 129.120.6.150
Record Tracking
Status: Original
1/10/2020 1:24:13 PM
Holder: Tabitha Millsop
tabitha.millsop@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Tabitha Millsop
tabitha.millsop@cityofdenton.com
City of Denton
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 129.120.6.150
Sent: 1/10/2020 1:51:23 PM
Viewed: 1/10/2020 1:52:55 PM
Signed: 1/10/2020 1:55:29 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 129.120.6.150
Sent: 1/10/2020 1:55:32 PM
Viewed: 1/10/2020 2:12:50 PM
Signed: 1/10/2020 2:28:54 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Ryan Churella
RChurella@compone.net
Vice President of Operations
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 174.230.6.157
Signed using mobile
Sent: 1/10/2020 2:28:57 PM
Viewed: 1/15/2020 10:15:13 PM
Signed: 1/15/2020 10:17:10 PM
Electronic Record and Signature Disclosure:
Accepted: 1/15/2020 10:15:13 PM
ID: ce16b63f-9f39-4c43-ac9d-30eaf43fe82d
Sara Hensley
Sara.Hensley@cityofdenton.com
Sara Hensley
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 129.120.6.150
Sent: 1/15/2020 10:17:13 PM
Viewed: 1/16/2020 6:05:06 AM
Signed: 1/16/2020 7:31:04 AM
Electronic Record and Signature Disclosure:
Accepted: 1/16/2020 6:05:06 AM
ID: 1636d06e-bc2b-426c-acbf-c26b394044b9
Signer Events Signature Timestamp
Todd Hileman
todd.hileman@cityofdenton.com
City Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 47.184.92.211
Signed using mobile
Sent: 1/16/2020 7:31:07 AM
Viewed: 1/16/2020 7:59:02 AM
Signed: 1/16/2020 7:59:07 AM
Electronic Record and Signature Disclosure:
Accepted: 7/25/2017 11:02:14 AM
ID: 57619fbf-2aec-4b1f-805d-6bd7d9966f21
Tabitha Millsop
tabitha.millsop@cityofdenton.com
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 129.120.6.150
Sent: 1/16/2020 7:59:13 AM
Viewed: 1/16/2020 8:37:57 AM
Signed: 1/16/2020 9:41:36 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Cn Cerson Signer Events Signature Timestamp
Editor DeliverC Events Status Timestamp
Cgent DeliverC Events Status Timestamp
CntermediarC DeliverC Events Status Timestamp
CertiCied DeliverC Events Status Timestamp
CarCon CopC Events Status Timestamp
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Contract Administrator
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 1/10/2020 1:55:32 PM
Viewed: 1/14/2020 9:31:06 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Eric Waidelich
ewaidelich@rizikon.net
Security Level: Email, Account Authentication
(None)
Sent: 1/10/2020 2:28:57 PM
Viewed: 1/16/2020 9:42:16 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Cassey Ogden
Cassandra.Ogden@cityofdenton.com
Director of Procurement and Compliance
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 1/16/2020 7:59:10 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
CarCon CopC Events Status Timestamp
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Contract Administrator
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 1/16/2020 7:59:12 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Citness Events Signature Timestamp
CotarC Events Signature Timestamp
Envelope SummarC Events Status Timestamps
Envelope Sent Hashed/Encrypted 1/16/2020 7:59:13 AM
Certified Delivered Security Checked 1/16/2020 8:37:57 AM
Signing Complete Security Checked 1/16/2020 9:41:36 AM
Completed Security Checked 1/16/2020 9:41:36 AM
CaCment Events Status Timestamps
Electronic Record and Signature Disclosure
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Docusign City Council Transmittal Coversheet
File Name
Purchasing Contact
City Council Target Date
Piggy Back Option
Contract Expiration
Ordinance
DocuSign Envelope ID: AB368EBA-8570-4D89-BDD9-B0C215B12C60
RFP
Lori Hewell
Amendment 1 Risk and Safety Program Assessment
Not Applicable
7199
7199 RFP – Amendment #1 Page 1 of 2
FIRST AMENDMENT TO CONTRACT
BY AND BETWEEN THE CITY OF DENTON, TEXAS
AND RIZIKON, INC.
RFP 7199
THE STATE OF TEXAS §
COUNTY OF DENTON §
THIS FIRST AMENDMENT TO CONTRACT 7199 (“Amendment”) by and
between the City of Denton, Texas (“City”) and Rizikon, Inc. (“Consultant”); to that certain
contract executed on January 16, 2020, in the original not-to-exceed amount of $56,590
(the “Agreement”); for services related to the risk and safety program assessment;
WHEREAS, the City deems it necessary to further expand the services provided by
Consultant to the City pursuant to the terms of the Agreement, and to provide an additional
not-to-exceed amount $77,580 with this Amendment for an aggregate not-to-exceed of
$134,170.
FURTHERMORE, the City deems it necessary to further expand the goods/services
provided by Consultant to the City;
NOW THEREFORE, the City and Consultant (hereafter collectively referred to as the
“Parties”), in consideration of their mutual promises and covenants, as well as for other
good and valuable considerations, do hereby AGREE to the following Amendment, which
amends the following terms and conditions of the said Agreement, to wit:
1. The additional services described in Exhibit “A” of this Amendment, attached
hereto and incorporated herein for all purposes, for professional services related to
the risk and safety program assessment, are hereby authorized to be performed by
Consultant. For and in consideration of the additional services to be performed by
Consultant, the Owner agrees to pay, based on the cost estimate detail attached as
Exhibit “A”, a total fee, including reimbursement for non-labor expenses an amount
not to exceed $77,580.
2. This Amendment modifies the Agreement amount to provide an additional $77,580
for the additional services with a revised aggregate not to exceed total of $134,170.
The Parties hereto agree, that except as specifically provided for by this Amendment, that
all of the terms, covenants, conditions, agreements, rights, responsibilities, and obligations
of the Parties, set forth in the Agreement remain in full force and effect.
DocuSign Envelope ID: AB368EBA-8570-4D89-BDD9-B0C215B12C60
7199 RFP – Amendment #1 Page 2 of 2
IN WITNESS WHEREOF, the City and the Consultant, have each executed this
Amendment electronically, by and through their respective duly authorized representatives
and officers on this date _________________________.
“
CITY”
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
By:
_________________________________
TODD HILEMAN, CITY MANAGER
ATTEST:
ROSA RIOS, CITY SECRETARY
By:
_________________________________
“CONSULTANT”
RIZIKON, INC.
By:
_________________________________
AUTHORIZED SIGNATURE, TITLE
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
By:
_________________________________
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
_______________ ________________
SIGNATURE PRINTED NAME
__________________________________
TITLE
__________________________________
DEPARTMENT
DocuSign Envelope ID: AB368EBA-8570-4D89-BDD9-B0C215B12C60
Sara Hensley
Sara Hensley
Assistant City Manager
Consulting & Procedure Development Proposal
Based on our review, and with the concurrence of the City of Denton, it has been determined that a large number
of occupational safety and risk management procedures need to be updated or developed. Once a procedure
has been established, and approved by City leadership, the next step would be to train the affected workforce
on each of these procedures.
Service Period
To provide technical writing and consulting services for a period of four (4) months. This time period may be
extended at the clients’ request, and upon mutual agreement of both parties. Rizikon shall only spend time on
work activities, specifically requested by the Client and documented accordingly.
At the request of the City, the following information is being provided for your review and consideration.
Non-Travel Related Work Fee Schedule
Rate $135 per hour.
Types of Services Technical writing to include policies, procedures,
protocol’s, process related forms, job descriptions,
educational programs and other written materials.
Onsite Related Work Fee Schedule
Rate •$1,700 first day on client premises.
•$1,305 each consecutive day thereafter.
•Weekly rate of $6,920
Note: This includes labor, material (computers, phones,
etc.) and all travel related costs to include but not limited
to air transportation, ground transportation, hotel, and
meals.
Types of Services Performing site assessments, information gathering,
training in a classroom environment, field work,
job/position analysis, participation in interviews, etc.
Exhibit A
DocuSign Envelope ID: AB368EBA-8570-4D89-BDD9-B0C215B12C60
QUOTE
Occupational Safety Based on the preliminary results of the Safety Program Assessment,
the City of Denton has expressed interest in utilizing Rizikon for an
additional seven (7) weeks of consultative services.
Types of service include:
1.Writing procedures
2.Information and data analysis
3.Field work
4.Safety program implementation (initial launch preparedness)
5.Participation in interviews
6.Other service not otherwise listed
$ 48,440
Risk Management The City of Denton has expressed interest in utilizing Rizikon for
assistance in the analysis, development and writing of Risk
Management departmental operating procedures. The project is
estimated to require five weeks (200 labor hours), with up to six (6)
days of travel.
Operational areas of focus include:
1.Employer Work Flow
2.Employee Responsibilities
3.Clinic Responsibilities
4.Vendor Responsibilities
5.TPA Expectations
6.Program Management
$ 29,140
Total $ 77,580
If you have any questions, or require additional information, feel free to contact us anytime. Thank you for your
time and consideration.
Respectfully Submitted,
Eric Waidelich
DocuSign Envelope ID: AB368EBA-8570-4D89-BDD9-B0C215B12C60
Certificate Of Completion
Envelope Id: AB368EBA85704D89BDD9B0C215B12C60 Status: Sent
Subject: Please DocuSign: City Council Contract 7199 Amendment 1 Risk & Safety Program Assessment
Source Envelope:
Document Pages: 5 Signatures: 3 Envelope Originator:
Certificate Pages: 6 Initials: 1 Lori Hewell
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
lori.hewell@cityofdenton.com
IP Address: 129.120.6.150
Record Tracking
Status: Original
3/9/2020 1:14:39 PM
Holder: Lori Hewell
lori.hewell@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
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(None)
Completed
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lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
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City of Denton
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Ryan Churella
rchurella@compone.net
Vice President of Operations
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Sara Hensley
sara.hensley@cityofdenton.com
Sara Hensley
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Cheyenne Defee
cheyenne.defee@cityofdenton.com
Contract Administrator
City of Denton
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Todd Hileman
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Electronic Record and Signature Disclosure:
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Rosa Rios
rosa.rios@cityofdenton.com
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Cheyenne Defee
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Contract Administrator
City of Denton
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Sherri Thurman
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City of Denton
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Jane Richardson
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Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Ryan Churella, Sara Hensley, Todd Hileman, Rosa Rios
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City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 20-724,Version:1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton,a Texas home-rule municipal corporation,authorizing
the approval of a first amendment to a contract between the City of Denton and SAE Towers,LTD,amending
the contract approved by City Council on December 17,2019,in the not-to-exceed amount of $1,718,905;said
first amendment for the cost of additional anchor bolt cage lengths for Denton Municipal Electric;providing for
the expenditure of funds therefor;and providing an effective date (File 7152 -providing for an additional first
amendment expenditure amount not-to-exceed $340,150,with the total contract amount not-to-exceed
$2,059,055).
City of Denton Printed on 3/27/2020Page 1 of 1
powered by Legistar™
City of Denton
__________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Procurement & Compliance
CFO: Antonio Puente, Jr.
DATE: March 31, 2020
SUBJECT
Consider recommending adoption of an ordinance of the City of Denton, a Texas home-rule municipal
corporation, authorizing the approval of a first amendment to a contract between the City of Denton and
SAE Towers, LTD, amending the contract approved by City Council on December 17, 2019, in the not-to-
exceed amount of $1,718,905; said first amendment for the cost of additional anchor bolt cage lengths for
Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date
(File 7152 – providing for an additional first amendment expenditure amount not-to-exceed $340,150, with
the total contract amount not-to-exceed $2,059,055).
INFORMATION/BACKGROUND
Denton Municipal Electric (DME) was authorized to purchase 26 galvanized steel transmission poles and
anchor bolt cages under RFP #7152. This RFP was advertised to obtain poles and anchor bolt cages for two
138kV transmission line segments: 1) Cooper Creek Substation to Arco Substation and 2) Pockrus
Substation to Brinker Substation Phase 2.
As part of the RFP, pole, and anchor bolt cage design and conductor loading requirements were provided
to prospective proposers. The specifications allowed manufacturers to have variations in pole designs for
weight, diameter, steel thickness, etc. With responses to the RFP, prospective vendors were required to
submit structural calculations for their proposed designs so that evaluators could verify that the pole design
would meet or exceed parameters and loading requirements stated in the specification. SAE Towers, LTD,
(SAE) provided the lowest cost proposal that met the requirements of the specifications and was awarded
the contract after City Council approval on December 17, 2019.
As a normal course of design after award of a pole contract, the manufacturer is required to provide certain
structural information to DME for approval and that will allow foundation designs to be completed by
DME’s structural engineers. This information must include items such as final diameters of pole bases,
anchor bolt sizes, number of anchor bolts, and foundations reactions (the forces that the foundation must be
designed to accommodate). Foundation reactions provided by SAE for the foundation design of the Cooper
Creek to Arco transmission line poles revealed that the anchor bolt cage lengths estimated in the RFP were
inadequate and must be lengthened. The RFP and contract contained provisions for adjusting anchor bolt
lengths and anchor bolt cage template weights. Anchor bolt cage templates are what holds the anchor bolt
cage assemblies in place to give the cage its circular shape. A typical drawing showing an anchor bolt cage
for a pole foundation is included as Exhibit 2. Exhibit 3 is a summary of changes by structure.
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
While the contract included a unit price increase per foot for additional anchor bolt lengths and a per pound
unit price increase for additional anchor bolt cage templates or template weights, no contingency amount
was included for these increases in the contract. This amendment is proposed to add amounts to the contract
to cover these costs. The lines cannot be constructed without the changes in anchor bolt lengths and template
weights.
The practice of providing a mechanism in contracts for steel transmission poles to facilitate cost adjustments
in anchor bolt cage lengths and template weights is customary. Exhibit 3 is a copy of the original proposal
price sheet which includes line items for these increases. The amount in this instance is larger than expected
because the estimated lengths included in the RFP were only about half what the design ultimately required.
The original price in the proposal would have been a similar amount higher had the original anchor bolt
cage estimates been closer to the actual requirement. Because of the magnitude of the size and weight
change, SAE is requesting that the City approve an additional amount for freight. No mechanism for
increasing freight was included in the contract, but the request is appropriate and reasonable and should be
considered.
Pole and anchor bolt cage designs have only been completed for the Cooper Creek to Arco Transmission
Line reconstruction project. It has been determined that an additional 4,802.67 feet of anchor bolt length
and 10,209.42 pounds of additional template weight is required for this line segment. The cost breakdown
is as follows:
Cooper Creek to Arco Transmission Line Rebuild
Additional anchor bolt length (feet) 4,802.67 $22.86 $109,789
Additional templates (weight, pounds) 10,209.42 $1.64 $16,743
Additional freight $13,618
Total $140,150
The designs have not been completed for the Pockrus Substation to Brinker Substation Transmission Line
Phase 2 project which this RFP covered. A $200,000 contingency is proposed in this amendment to cover
the expected increases required for the anchor bolt cage adders for this project and is estimated as shown
below:
Pockrus to Brinker Transmission Line Phase 2 Estimate
Estimated additional anchor bolt length (feet) 5,900.00 $22.86 $134,874
Estimated additional templates (weight, pounds) 12,700.00 $1.64 $20,828
Estimated additional freight $16,000
15% contingency $25,755
Total $197,457
A description of the two projects is included in the two following paragraphs.
138kV Cooper Creek Substation to Arco Substation Transmission Line Reconstruction: This project
will rebuild 1.5 miles of the existing Cooper Creek to Arco transmission line to provide the capacity needed
to meet the requirements of NERC and the Electric Reliability Council of Texas contingency planning
criteria. This project has been identified by ERCOT as a critical reliability need with reconstruction
requested to complete before the summer of 2020. Fifteen (15) poles are required for this project. The
Cooper Creek to Arco transmission line is owned by Texas Municipal Power Agency (TMPA) and as
required in the “DME and TMPA Transmission Operator, Maintenance, and Construction Services
Agreement”, DME will perform the procurement and construction for TMPA capital projects in the Denton
area. DME will be reimbursed for the cost of the project.
138kV Pockrus Substation to Brinker Substation Transmission Line Phase 2: Phase 2 of the Pockrus
to Brinker transmission line project includes installation of 0.6 miles of new transmission line from the
existing Pockrus Substation to the south end of the completed first phase of the Pockrus Substation to the
Brinker Substation transmission line. Eleven (11) poles are required for this phase of the project.
RECOMMENDATION
Award Amendment No. 1 with SAE Towers, LTD, for the additional cost of anchor bolt cage lengths and
additional templates for the supply of galvanized steel transmission poles, anchor bolt assemblies, and
galvanized steel hardware in an amount not-to-exceed $340,150, for a total amended contract amount of
$2,059,055.
PRIOR ACTION/REVIEW
On December 17, 2019, City Council approved a contract with SAE Towers, LTD, in the not-to-exceed
amount of $1,718,905 (Ordinance 19-2964).
PRINCIPAL PLACE OF BUSINESS
SAE Towers, LTD
Houston, TX
ESTIMATED SCHEDULE OF PROJECT
Delivery of the items will occur within 10 weeks after receipt of order.
FISCAL INFORMATION
Purchase Order #192016 has been created in the amount of $1,718,905. The items were funded from Denton
Municipal Electric account 600755500.1350.3550 (Pockrus to Brinker Transmission Line Phase 2,
requiring 11 poles at a cost of $890,917) and account 6035110500. 1350.3550 (Cooper Creek to Arco
Transmission Line Rebuild, requiring 15 poles at a cost of $827,988). This amendment will be funded from
the same accounts in the amounts of $200,000 and $140,150, respectively.
The $1,090,917 amount for the Pockrus to Brinker project will ultimately be recovered through the Public
Utility Commission Transmission Cost of Service (TCOS) program. The $968,138 amount for the Cooper
Creek to Arco Rebuild project will be reimbursed by the Texas Municipal Power Agency pursuant to terms
in the “DME and TMPA Transmission Operator, Maintenance, and Construction Services Agreement.”
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Typical Anchor Bolt Cage Drawing
Exhibit 3: Summary of Anchor Bolt Cage Changes by Structure
Exhibit 4: Original Ordinance and Contract
Exhibit 5: Ordinance and Amendment 1
Respectfully submitted:
Lori Hewell, 940-349-7100
Purchasing Manager
For information concerning this acquisition, contact: Chuck Sears, 940-349-7111.
Legal point of contact: Mack Reinwand at 940-349-8333.
Qty. Height
PoleName
(ref Exhibit 4)
Required
Anchor Bolt
Cage Length
Actual Bolt
Length
Anchor Bolt
Quantity
(per Cage)
Actual Anchor
bolt qty
Anchor Bolt Cage
Weight (lbs.)
(lbs. / structure)
Actual Anchor
Cage Weight
1 85'TUS-7GX-M1 25'44' / 38'-4"48 32 16,772.85 20,617.10
1 95'TUS-7GA 25'38' / 33'-4"32 44 22,364.12 23,973.70
1 95'TUS-7GA 25'47' / 40'-4"32 44 22,364.12 29,006.50
1 100'TPS-138DCX 15'34'12 8 2,595.35 7,621.00
1 105'TUS-7G-M1 30'51' / 41'-4"44 56 18,306.24 39,035.30
1 105'TUS-7GA 25'45' / 38'-4"32 48 11,182.55 30,254.20
200 232 93,585.23 150,507.80
Qty Unit Price Total
4,802.67 $22.86 $109,789
10,209.42 $1.64 $16,743
$13,618
$140,150
Qty. Height
PoleName
(ref Exhibit 4)
Required
Anchor Bolt
Cage Length
Estimated*
Bolt Length
Anchor Bolt
Quantity
(per Cage)
Estimated*
Anchor Bolt
Qty
Anchor Bolt Cage
Weight (lbs.)
(lbs. / structure)
1 100'TUS-2DCU 17'25 16 16 3,887.62
1 80'TUS-5AR 20'25 16 16 4,525.38
1 100'TUS-7GAU-2 25'40 44 52 15,375.27
2 100'TUS-7GU 30'48 48 64 39,941.07
1 95'TUS-7GU-2M 30'45 48 60 39,941.07
220 272 103,670.41
Qty Unit Price Total
5,900.00 $22.86 $134,874
12,700.00 $1.64 $20,828
$16,000
$25,755
$197,457
Exhibit 3
Summary of Anchor Bolt Cage Changes by Structure
* Manufacturers have variations in pole designs for weight, diameter, steel thickness, etc. The RFP contained only
estimated lengths of cages for the manufacturer to provide a price for the proposal. These poles are currently in design
phase with the manufacturer and the quantities can only be estimated.
Pockrus to Brinker TM Poles
Additional anchor bolt length (feet)
Additional templates (weight, pounds)
Additional freight
15% contingency
Total
Cooper Creek To Arco TM Poles
Additional anchor bolt length (feet)
Additional templates (weight, pounds)
Additional freight
Total
Pockrus to Brinker TM Poles
Cooper Creek to Arco TM Poles
Totals
Totals
ORDINANCE NO. ___ _
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL
CORPORATION, AUTHORIZING THE APPROVAL OF A FIRST AMENDMENT TO A
CONTRACT BETWEEN THE CITY OF DENTON AND SAE TOWERS, LTD, AMENDING
THE CONTRACT APPROVED BY CITY COUNCIL ON DECEMBER 17, 2019, IN THE NOT-
TO-EXCEED AMOUNT OF $1 ,718,905; SAID FIRST AMENDMENT FOR THE COST OF
ADDITIONAL ANCHOR BOLT CAGE LENGTHS FOR DENTON MUNICIPAL ELECTRIC;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE (FILE 7152-PROVIDING FOR AN ADDITIONAL FIRST AMENDN.IENT
EXPENDITURE AMOUNT NOT-TO-EXCEED $340,150, WITH THE TOTAL CONTRACT
AMOUNT NOT-TO-EXCEED $2,059,055).
WHEREAS, on December 17, 2019, by Ordinance No. 19-2964, the City awarded a contract
to SAE Towers, LTD in the amount of$1,718,905 for galvanized steel transmission poles, anchor
cages, and associated hardware for Denton Municipal Electric; and
WHEREAS, the additional fees under the proposed First Amendment are fair and reasonable
and are consistent with and not higher than the recommended practices and fees applicable to the
Provider's profession and such fees do not exceed the maximum provided by law; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The First Amendment, increasing the amount of the contract between the City
and SAE Towers, LTD, which is on file in the office of the Purchasing Agent, in the amount of Three
Hundred Forty Thousand One Hundred Fifty and 00/100 ($340, 150) Dollars, is hereby approved and
the expenditure of funds therefor is hereby authorized in accordance with said amendment. The total
contract amount increases to $2,059,055.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by and seconded
by the ordinance was passed and approved by the following
voteL_-__]:
Aye Nay Abstain Absent
Mayor Chris Watts:
Gerard Hudspeth, District 1:
Keely G. Briggs, District 2:
Jesse Davis, District 3:
John Ryan, District 4:
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED this the ___ day of _________ __, 2020.
CHRIS WATTS, MAYOR
ATTEST:
ROSARIOS, CITY SECRETARY
BY: -------------
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
Docusign City Council Transmittal Coversheet
File Name
Purchasing Contact
City Council Target Date
Piggy Back Option
Contract Expiration
Ordinance
DocuSign Envelope ID: FDEBEAA4-8E0E-49AD-94F7-DFCDE49DD73B
Not Applicable
Galvanized Steel Transmission Poles Amendment 1
7152RFP
Jane Rogers
THE STATE OF TEXAS §
§
COUNTY OF DENTON §
FIRST AMENDMENT TO CONTRACT
BY AND BETWEEN THE CITY OF DENTON, TEXAS
AND SAE TOWERS, LTD 7152
THIS FIRST AMENDMENT TO CONTRACT 7152 (this “Amendment”) by and
between the City of Denton, Texas (“City”) and SAE Towers, LTD, (“Contractor”) to that
certain contract executed on December 17, 2019, in the original not-to-exceed amount of
$1,718,905 (the “Agreement”); for Galvanized Steel Transmission Poles;
WHEREAS, the City deems it necessary to further expand the materials provided
by Contractor to the City pursuant to the terms of the Agreement, and to provide an
additional not-to-exceed amount $340,150 with this First Amendment for an aggregate not-
to-exceed of $2,059,055.
WHEREAS, the City deems it necessary to further expand the goods/services
provided by Contractor to the City; and
WHEREAS, the original not-to-exceed amount may not be increased by more than
25.0% as provided in Texas Local Government Code Sec. 252.048; and
NOW THEREFORE, the City and Contractor (hereafter collectively referred to as the
“Parties”), in consideration of their mutual promises and covenants, as well as for other
good and valuable considerations, do hereby AGREE to the following First Amendment,
which amends the following terms and conditions of the said Agreement, to wit:
1. This Amendment modifies the Agreement amount to provide an additional
$340,150 for additional materials described in Exhibit “A” and future increases
required for anchor bolt cage adders for Pockrus Substation to Brinker Substation
Transmission Line Phase 2 project to be provided in accordance with the terms of
the Agreement with a revised aggregate not-to-exceed total of $2,059,055.
The Parties hereto agree, that except as specifically provided for by this Amendment, that
all of the terms, covenants, conditions, agreements, rights, responsibilities, and obligations
of the Parties, set forth in the Agreement remain in full force and effect.
DocuSign Envelope ID: FDEBEAA4-8E0E-49AD-94F7-DFCDE49DD73B
IN WITNESS WHEREOF, the City and the Contractor , h ave each executed this
Amendment electronically , by and through their respective duly authorized representatives
and officers on this date _________________________ .
“CITY”
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
By:
_________________________________
TODD HILEMAN , CITY MANAGER
ATTEST:
ROSA RIOS, CITY SECRETARY
By:
_________________________________
“ CONTRACTOR ”
SAE TOWERS, LTD .
By:
__________________________ _______
AUTHORIZED SIGNATURE, TITLE
APPROVED AS TO LEGAL FORM:
AARON LEAL , CITY ATTORNEY
By:
_________________________________
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
_______________ ______________ __
SIGNATURE PRINTED NAME
__________________________________
TITLE
__________________________________
DEPARTMENT
DocuSign Envelope ID: FDEBEAA4-8E0E-49AD-94F7-DFCDE49DD73B
Chief Financial Officer
Electric
Antonio Puente, Jr.
Exhibit A
Page 1 of 2
DocuSign Envelope ID: FDEBEAA4-8E0E-49AD-94F7-DFCDE49DD73B
As a result of the modifications requested by Power Engineers/City of Denton to be made in the anchor
cages, please note SAE needs to acquire additional materials, as well as the new cages represent a more
labor-intensive job, also freight has been impacted. As a result of these changes, below please find the
new price for the anchor cages:
Pole
ANCHOR Cages
QTY
Amount PO
original Cages
usd
Amount Updates
Cages
usd
Change Order
85' TUS-7GX-M1 1 $ 27,515.00 $ 38,798.07 $ 11,283.07
95' TUS-7GA 1 $ 36,688.00 $ 49,232.66 $ 12,544.66
95' TUS-7GA 1 $ 36,688.00 $ 59,557.23 $ 22,869.23
100' TPS-138DCX 1 $ 4,258.00 $ 14,688.93 $ 10,430.93
105' TUS-7G-M1 1 $ 30,031.00 $ 74,077.49 $ 44,046.49
105' TUS-7GA 1 $ 18,345.00 $ 57,321.40 $ 38,976.40
6 $ 153,525.00 $ 293,675.79 $ 140,150.79
5,100.00 Original Total Feet of Anchors (FT)
9,902.67 New Total Feet of Anchors (FT)
4,802.67 Difference in Feet for Anchors (FT)
$ 22.86 Price Increase per Foot (USD/FT)
$ 109,788.96 Amount for Change in Total Feet (USD)
3,193.18 Original Total Weight of Templates (LB)
13,402.60 New Total Weight of Templates (LB)
10,209.42 Difference in Weight for Templates (LB)
$ 1.64 Price per Pound for Templates (USD/LB)
$ 16,743.46 Amount for Change in Total Weight of Templates (USD)
$ 126,532.42 Total Amount for Changes (USD)
Russ Yetter
Sr. Director Sales, Business Development & Marketing
SAE Towers LTD
16945 Northchase Drive, Suite 1910
Houston, TX 77060
Cell: 832-585-7090
Web: www.saetowers.com
Quality. Reliability. Timely Delivery
Towers, Steel Poles, Substation Steel, Transmission Hardware
Exhibit A
Page 2 of 2DocuSign Envelope ID: FDEBEAA4-8E0E-49AD-94F7-DFCDE49DD73B
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.
1 Name of vendor who has a business relationship with local governmental entity.
2
Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th 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
DocuSign Envelope ID: FDEBEAA4-8E0E-49AD-94F7-DFCDE49DD73B
CIQ
SAE Towers, LTD
X
N/A
Gustavo Valbuena
X
3/5/2020
X
X
Certificate Of Completion
Envelope Id: FDEBEAA48E0E49AD94F7DFCDE49DD73B Status: Sent
Subject: Please DocuSign: 7152 Galvanized Steel Transmission Poles Amendment 1
Source Envelope:
Document Pages: 6 Signatures: 4 Envelope Originator:
Certificate Pages: 6 Initials: 1 Monisa Rogers
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
Monisa.Rogers@cityofdenton.com
IP Address: 129.120.6.150
Record Tracking
Status: Original
2/27/2020 4:59:16 PM
Holder: Monisa Rogers
Monisa.Rogers@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Monisa Rogers
monisa.rogers@cityofdenton.com
Senior Buyer
City Of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 129.120.6.150
Sent: 2/27/2020 5:02:27 PM
Viewed: 2/27/2020 5:02:39 PM
Signed: 2/27/2020 5:05:11 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 47.184.107.185
Sent: 2/27/2020 5:05:13 PM
Viewed: 2/27/2020 9:03:37 PM
Signed: 2/27/2020 9:04:22 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Mack Reinwand
mack.reinwand@cityofdenton.com
City of Denton
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 129.120.6.150
Sent: 2/27/2020 9:04:24 PM
Viewed: 2/28/2020 8:52:20 AM
Signed: 2/28/2020 8:52:47 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Gustavo Valbuena
gustavo.valbuena@saetowers.com
Sr. Director - Contracts
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 96.73.70.177
Sent: 2/28/2020 8:52:49 AM
Resent: 2/28/2020 10:45:28 AM
Resent: 2/28/2020 4:21:03 PM
Resent: 3/3/2020 9:25:42 AM
Resent: 3/5/2020 9:51:42 AM
Resent: 3/5/2020 2:48:33 PM
Viewed: 3/2/2020 10:41:04 AM
Signed: 3/5/2020 4:31:22 PM
Electronic Record and Signature Disclosure:
Accepted: 12/5/2019 11:43:02 AM
ID: 51ca14fb-7509-433b-b98a-1598e9334df0
Signer Events Signature Timestamp
Antonio Puente, Jr.
Antonio.Puente@cityofdenton.com
Chief Financial Officer
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 129.120.6.150
Sent: 3/5/2020 4:31:25 PM
Viewed: 3/5/2020 4:37:57 PM
Signed: 3/5/2020 4:38:31 PM
Electronic Record and Signature Disclosure:
Accepted: 3/5/2020 4:37:57 PM
ID: de194df6-36cf-43f6-86b9-f7ff118374aa
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Contract Administrator
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 3/5/2020 4:38:33 PM
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 11:02:14 AM
ID: 57619fbf-2aec-4b1f-805d-6bd7d9966f21
Rosa Rios
rosa.rios@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Contract Administrator
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 2/27/2020 5:05:12 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Sherri Thurman
sherri.thurman@cityofdenton.com
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 3/5/2020 4:38:33 PM
Carbon Copy Events Status Timestamp
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
Zolaina Parker
Zolaina.Parker@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Chuck Sears
chuck.sears@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Russ Yetter
russ.yetter@saetowers.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 3/5/2020 4:38:33 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
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Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Gustavo Valbuena, Antonio Puente, Jr., Todd Hileman
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City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 20-750,Version:1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton,a Texas home-rule municipal corporation,authorizing
the City Manager to execute a contract with Xylem Water Solutions U.S.A.,Inc.,for the purchase of
equipment,materials and parts for the operation and maintenance of the ultraviolet disinfection system at the
Wastewater treatment plants;providing for the expenditure of funds therefor;and providing an effective date
(IFB 7299 -awarded to Xylem Water Solutions U.S.A.,Inc.,in the five (5)year not-to-exceed amount of
$550,000).
City of Denton Printed on 3/27/2020Page 1 of 1
powered by Legistar™
City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Procurement & Compliance
CFO: Antonio Puente, Jr.
DATE: March 31, 2020
SUBJECT
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation,
authorizing the City Manager to execute a contract with Xylem Water Solutions U.S.A., Inc., for the
purchase of equipment, materials and parts for the operation and maintenance of the ultraviolet disinfection
system at the Wastewater treatment plants; providing for the expenditure of funds therefor; and providing
an effective date (IFB 7299 – awarded to Xylem Water Solutions U.S.A., Inc., in the five (5) year not-to-
exceed amount of $550,000).
INFORMATION/BACKGROUND
The ultraviolet (UV) disinfection systems operated by the Wastewater Utility at the Pecan Creek Water
Reclamation Plant (PCWRP) is required by the Texas Commission on Environmental Quality to disinfect
the effluent to the bacteria limits in the wastewater treatment facility's wastewater permit.
The purpose of this contract is to provide parts and supplies for the Water Reclamation disinfection systems.
The Water Reclamation plant has a Wedeco Ultraviolet system to disinfect effluent flows prior to discharge
to Lake Lewisville.
Title 30 Texas Administrative Code Chapter 217 (30 TAC §217) requires that the owner keep enough parts
on hand to facilitate repairs in case of emergency.
30 TAC §217.293 – Ultraviolet Light Disinfection Systems Redundancy Requirements requires specifically
that:
(a) An ultraviolet (UV) disinfection system must include at least two banks positioned in series in a
disinfection channel.
(b) A UV light disinfection system must meet the dosage requirements determined in §217.295 of this title
(relating to Ultraviolet Light Disinfection Dosage and System Sizing) under all conditions.
(c) An owner must maintain an inventory of replacement equipment, including lamps, ballasts, quartz
sleeves, banks, and modules, to replace equipment during emergency repairs and scheduled maintenance.
The minimum inventory of replacement lamps, ballasts, and quartz sleeves is described in §217.298(b) of
this title (relating to Ultraviolet Light Disinfection System Cleaning and Maintenance).
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
30 TAC §217.293(b) states that: A UV system must include the following replacement parts, as a percentage
of the total system, equal to at least:
(1) 5% of the lamps;
(2) 2% of the ballasts; and
(3) 5% of the quartz sleeves.
To meet TCEQ requirements, the discharge permit limits, and protect human health and the environment,
the Utility requires these replacement parts to be on hand and available for purchase from a reliable
manufacturer.
UV lamps are the only component of the UV Disinfection available from other manufacturers. In August
2019 400 lamps were purchased from an aftermarket company, UV Doctor. They stated that their lamps
carried the same specification as the lamps supplied by the OEM and would operate in our existing system.
Unfortunately, these parts were found to be greatly inferior and the purchase price was ultimately refunded
to the City.
The UV Doctor branded lamps experienced or caused:
a. An initial lamp failure rate of 33.0%
b. 5.0% of the shipment were the wrong part
c. Initial allocation of six (6) man days for bulb change out required two (2) man weeks due to
failures.
d. A Manager's time to collect and compile the necessary data to prepare a report for submission
to the distributor and lamp manufacturer.
e. A significant time delay in restoring the UV disinfection system to 100% operational
capacity due to this exercise.
f. Some of the UV Doctor lamps are currently in service but lamps continue to fail at an
accelerated rate after less than 1000 hours in service (typical life is in excess of 10,000
hours).
The Utility further investigated another UV lamp source named UV Superstore. Two lamps were purchased
for evaluation, and the lamps we received would not connect to our system. UV Superstore was informed
of the issue and another two (2) lamps were sent, which were also incompatible with our system. These
lamps were returned with a full refund.
Invitation for Bids was sent to 132 prospective suppliers of this item. In addition, specifications were placed
on the Materials Management website for prospective suppliers to download and advertised in the local
newspaper. One (1) bid meeting specification was received by Xylem Water Solutions U.S.A., Inc.
NIGP Code Used for Solicitation: 890-Water Supply, Groundwater,
Sewage Treatment, & Related
Equipment
Notifications sent for Solicitation sent in IonWave: 132
Number of Suppliers that viewed Solicitation in IonWave: 12
HUB-Historically Underutilized Business Invitations sent out: 4
SBE-Small Business Enterprise Invitations sent out: 32
Responses from Solicitation: 1
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
This item will go to the Public Utilities Board (PUB).
RECOMMENDATION
Award a contract with Xylem Water Solutions U.S.A., Inc., for the purchase of equipment, materials and
parts for the operation and maintenance of the ultraviolet disinfection system at the Wastewater treatment
plants, in a five (5) year not-to-exceed amount of $550,000.
PRINCIPAL PLACE OF BUSINESS
Xylem Water Solutions U.S.A., Inc.
Charlotte, NC
ESTIMATED SCHEDULE OF PROJECT
This is a five (5) year contract.
FISCAL INFORMATION
These items/services will be funded by the Wastewater operating budget account 640100.6525 on an as
needed basis. The budgeted amount for the purchase of equipment, materials and parts for the operation
and maintenance of the ultraviolet disinfection system at the Wastewater treatment plants for the next 5
years is $550,000.
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Ordinance and Contract
Respectfully submitted:
Lori Hewell, 940-349-7100
Purchasing Manager
For information concerning this acquisition, contact: Frank Pugsley, 940-349-8086.
Legal point of contact: Mack Reinwand at 940-349-8333.
Docusign City Council Transmittal Coversheet
File Name
Purchasing Contact
City Council Target Date
Piggy Back Option
Contract Expiration
Ordinance
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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.
1 Name of vendor who has a business relationship with local governmental entity.
2
Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th 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: 1E0C7DA919674AD38DB13F2E1375E023 Status: Sent
Subject: Please DocuSign: City Council Contract 7299-Xylem Wedeco Parts and Supplies
Source Envelope:
Document Pages: 26 Signatures: 4 Envelope Originator:
Certificate Pages: 6 Initials: 1 Crystal Westbrook
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
crystal.westbrook@cityofdenton.com
IP Address: 129.120.6.150
Record Tracking
Status: Original
3/12/2020 1:10:57 PM
Holder: Crystal Westbrook
crystal.westbrook@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Crystal Westbrook
crystal.westbrook@cityofdenton.com
Buyer
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 129.120.6.150
Sent: 3/12/2020 1:18:21 PM
Viewed: 3/12/2020 1:18:33 PM
Signed: 3/12/2020 1:21:06 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 129.120.6.150
Sent: 3/12/2020 1:21:08 PM
Viewed: 3/13/2020 10:11:12 AM
Signed: 3/13/2020 10:15:12 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Mack Reinwand
mack.reinwand@cityofdenton.com
City of Denton
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 129.120.6.150
Sent: 3/13/2020 10:15:15 AM
Viewed: 3/18/2020 4:35:04 PM
Signed: 3/18/2020 4:42:37 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Julie Ropic
julie.ropic@xyleminc.com
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 199.253.110.1
Sent: 3/18/2020 4:42:40 PM
Viewed: 3/19/2020 8:37:23 AM
Signed: 3/19/2020 12:23:44 PM
Electronic Record and Signature Disclosure:
Accepted: 3/19/2020 8:37:23 AM
ID: 268070c6-b82c-40d1-82a3-d4fe1af16128
Signer Events Signature Timestamp
Frank Pugsley
frank.pugsley@cityofdenton.com
Water and Wastewater Utilities Director
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 47.185.158.73
Sent: 3/19/2020 12:23:47 PM
Viewed: 3/19/2020 12:56:31 PM
Signed: 3/19/2020 12:56:53 PM
Electronic Record and Signature Disclosure:
Accepted: 3/19/2020 12:56:31 PM
ID: 745cffa8-5239-4aac-80d3-a16aa2009252
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Contract Administrator
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 3/19/2020 12:56:56 PM
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 11:02:14 AM
ID: 57619fbf-2aec-4b1f-805d-6bd7d9966f21
Rosa Rios
rosa.rios@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Ierson Signer Events Signature Timestamp
Editor DeliverI Events Status Timestamp
Igent DeliverI Events Status Timestamp
IntermediarI DeliverI Events Status Timestamp
Certified DeliverI Events Status Timestamp
CarIon CopI Events Status Timestamp
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Contract Administrator
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 3/12/2020 1:21:08 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Sherri Thurman
sherri.thurman@cityofdenton.com
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 3/19/2020 12:56:56 PM
CarIon CopI Events Status Timestamp
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
Zolaina Parker
Zolaina.Parker@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Rusty Willard
rusty.willard@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Iitness Events Signature Timestamp
IotarI Events Signature Timestamp
Envelope SummarI Events Status Timestamps
Envelope Sent Hashed/Encrypted 3/19/2020 12:56:56 PM
IaIment Events Status Timestamps
Electronic Record and Signature Disclosure
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City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 20-766,Version:1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton,a Texas home-rule municipal corporation,authorizing
the City Secretary or her designee to file a Catastrophe Notice with the Office of the Texas Attorney General,
pursuant to Section 552.233(b)of the Government Code,to suspend the applicability of the requirements of the
Public Information Act (the “PIA”)in accordance with Sections 552.233(c)and 552.233(e)of the Government
Code; and providing an effective date.
City of Denton Printed on 3/27/2020Page 1 of 1
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City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET DEPARTMENT: City Manager’s Office
ACM: Sara Hensley DATE: March 31, 2020
SUBJECT
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Secretary or her designee to file a Catastrophe Notice with the Office of the Texas Attorney General, pursuant to Section 552.233(b) of the Government Code, to suspend the applicability of the requirements of the Public Information Act (the “PIA”) in accordance with Sections 552.233(c) and
552.233(e) of the Government Code; and providing an effective date.
BACKGROUND The Mayor declared a local disaster for public health emergency on March 13, 2020 in response to the COVID-19 pandemic which is currently affecting the United States. The City Council extended the
declaration on March 17, 2020 effective through April 30, 2020. The order was further amended on March
20th with no changes on the duration of the order. In a proactive effort to reduce the number of staff impacted by COVID-19, various city facilities have been closed and non-essential staff is tele-commuting from their homes. This will have a direct impact in the
ability for staff to properly research and produce responsive information within the ten (10) day time-frame
required per the Texas Public Information Act. On March 24th, the Mayor issued a Second Declaration of Emergency, instituting further restrictions in an attempt to slow the spread of the virus. During declared disasters or emergencies, Government Code, Section 552.233(b), provides that, a
governmental body may suspend the applicability of the requirements of the Public Information Act (the
“PIA”) if the governmental body is currently impacted by a catastrophe and provides proper notice in accordance with this section. To suspend the requirements of the PIA, a governmental entity must provide notice to the Office of the Attorney General (“OAG”) in accordance with sections 552.233(c) and 552.233(e) of the Government Code. The notice can be extended by approval of the City Council, after the
initial seven (7) day period.
The intent of the notice is to provide relief from the requirements of the PIA during the next seven business days (effective April 1). If determined necessary, staff will request City Council consider an extension during the April 7th Regular Meeting.
RECOMMENDATION Staff recommends adoption of the proposed ordinance authorizing the City Secretary or her designee to submit the initial Catastrophe Notice to the Office of the Texas Attorney General.
EXHIBITS
City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com
Exhibit 1 – Agenda Information Sheet Exhibit 2 – Catastrophe Notice
Exhibit 3 – Proposed Ordinance
Respectfully submitted: Rosa Rios City Secretary
PUBLIC INFORMATION ACT
CATASTROPHE NOTICE
Governmental Bodies: Please review instructions on the back of this page prior to completing the form. Instructions may
also be viewed at http://www.texasattorneygeneral.gov/open-government/governmental-bodies/catastrophe-notice.
SECTION 1 – GOVERNMENTAL BODY IMPACTED BY THE CATASTROPHE
GOVERNMENT CODE § 552.233
Pursuant to section 552.233(b), a governmental body may suspend the applicability of the requirements of the
Public Information Act (the “Act”) if the governmental body is currently impacted by a catastrophe and provides
proper notice in accordance with this section.
(Name of Governmental Body Impacted by Catastrophe) PLEASE PRINT
SECTION 2 – IDENTIFY AND DESCRIBE CATASTROPHE
Section 552.233(a)(1) defines catastrophe as a “condition or occurrence that interferes with the ability of a
governmental body to comply with the requirements of this chapter[.]” Identify and describe the catastrophe
impacting the governmental body:
SECTION 3 – SUSPENSION PERIOD
The initial suspension period may not exceed seven consecutive days and must occur during the period that (1)
begins not earlier than the second day before the date the governmental body submits notice of the Office of
the Attorney General (the “OAG”); and (2) ends not later than the seventh date after the governmental body
submits that notice. See Gov’t Code § 552.233(d).
Beginning Date of Initial Suspension:
End Date of Initial Suspension:
TO THE PUBLIC: For questions regarding this notice or if you believe a violation of the Act has
occurred, please contact the OAG Open Government Hotline at (512) 478-6736 or toll free 1-877-
673-6839.
SECTION 4 – GOVERNMENTAL BODY CONTACT INFORMATION
Name:
Title: Phone Number:
Signature: Date:
Rev. 03/03/2020
PUBLIC INFORMATION ACT
CATASTROPHE EXTENSION NOTICE
Governmental Bodies: Please review instructions on the back of this page prior to completing the form. Instructions may
also be viewed at http://www.texasattorneygeneral.gov/open-government/governmental-bodies/catastrophe-notice.
SECTION 5 – GOVERNMENTAL BODY IMPACTED BY THE CATASTROPHE
GOVERNMENT CODE § 552.233
Pursuant to section 552.233(b), a governmental body may suspend the applicability of the requirements of the
Public Information Act (the “Act”) if the governmental body is currently impacted by a catastrophe and provides
proper notice in accordance with this section.
(Name of Governmental Body Impacted by Catastrophe) PLEASE PRINT
SECTION 6 – IDENTIFY CATASTOPHE
Provide the date of the initial suspension period and identify the catastrophe listed on the initial catastrophe
notice form that is continuing to impact the governmental body.
Dates of Initial Suspension Period:
Identify Catastrophe:
SECTION 7 – EXTENSION NOTICE
[ ] Notice is hereby given, pursuant to section 552.233(e) of the Government Code that the governmental body
is still impacted by the catastrophe as described above and will extend its suspension of the requirements of
the Act for an additional period of time from:
Beginning Date of Extension:
End Date of Extension:
TO THE PUBLIC: For questions regarding this notice or if you believe a violation of the Act has
occurred, please contact the OAG Open Government Hotline at (512) 478-6736 or toll free 1-877-
673-6839.
SECTION 8 – GOVERNMENTAL BODY CONTACT INFORMATION
Name:
Title: Phone Number:
Signature: Date:
Rev. 03/03/2020
PUBLIC INFORMATION ACT
CATASTROPHE NOTICE INSTRUCTIONS
These are the instructions for completing the Office of the Attorney General’s (“OAG”) Public
Information Act Catastrophe Notice form pursuant to section 552.233 of the Government
Code. If you have any questions concerning the form, please contact the Open Government
Hotline at (512) 478-6736 or toll free 1-877-673-6839.
SUBMITTING NOTICE TO THE OAG: Notice may be provided to the OAG by any of the
following methods:
•Online submission form: http://www.texasattorneygeneral.gov/open-government/governmental-
bodies/catastrophe-notice/submit-catastrophe-notice
•Mailing the notice to the following address:
Attn: Public Information Act Catastrophe Notice
Office of the Attorney General - Open Records Division
P.O. Box 12548
Austin, Texas 78711-2548
If you are unable submit the notice by any of the listed methods, please contact the Open
Government Hotline at (512) 478-6736 or toll free 1-877-673-6839 for assistance.
SECTION 1: Provide the name of the governmental body impacted by the
catastrophe. Section 552.233(a)(1) of the Government Code defines catastrophe as
“a condition or occurrence that interferes with the ability of a governmental body to
comply with the requirements of this chapter[.]”
SECTION 2: Identify and provide a detailed description of the catastrophe, including how
the catastrophe interferes with the ability of the governmental body to comply with
the requirements of the Act. The catastrophe description should enable any person who
views this notice to readily identify the catastrophe and its impact on the governmental
body.
SECTION 3: Provide the dates of the initial suspension period of the governmental body.
The suspension may be instated for a period of up to seven consecutive days. The initial
suspension period may begin up to two days before the governmental body provides proper
notice to the OAG, but it may not be for longer than seven consecutive days.
SECTION 4: Provide the contact information of the governmental body’s Public
Information Officer or an authorized agent. The person listed should be able to answer
any questions the OAG may have regarding the governmental body’s catastrophe notice.
Rev. 03/03/2020
PUBLIC INFORMATION ACT
CATASTROPHE EXTENSION NOTICE
INSTRUCTIONS
These are the instructions for completing the Office of the Attorney General’s (“OAG”)
Public Information Act Catastrophe Notice form pursuant to section 552.233 of the
Government Code. If you have any questions concerning the form, please contact the
Open Government Hotline at (512) 478-6736 or toll free 1-877-673-6839.
SUBMITTING NOTICE TO THE OAG: Notice may be provided to the OAG by any of the
following methods:
•Online submission form: http://www.texasattorneygeneral.gov/open-government/
governmental-bodies/catastrophe-notice/submit-catastrophe-notice
•Mailing the notice to the following address:
Attn: Public Information Act Catastrophe Notice
Office of the Attorney General - Open Records Division
P.O. Box 12548
Austin, Texas 78711-2548
If you are unable submit the notice by any of the listed methods, please contact the Open
Government Hotline at (512) 478-6736 or toll free 1-877-673-6839 for assistance.
SECTION 5: This page should not be filled out unless the governmental body
has determined it is still impacted by the catastrophe on which the initial suspension period
was based. See Gov’t Code §552.233(e).
SECTION 6: Provide the dates of the initial suspension period and identify the catastrophe
listed on the initial notice of catastrophe form.
SECTION 7: Provide the dates for the extension of the initial suspension period. The
suspension period may be extended an additional seven consecutive days. The
suspension period may only be extended one time and must begin on the day
following the end date of the initial suspension. The total timeframe of the suspension
period should not exceed fourteen days. A copy of this form noting the extension must
be provided to the OAG. The extension notice should be signed by
the governmental body’s Public Information Officer or an authorized agent.
SECTION 8: Provide the contact information of the governmental body’s Public
Information Officer or an authorized agent. The person listed should be able to answer
any questions the OAG may have regarding the governmental body’s catastrophe notice.
Rev. 03/03/2020
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 20-786,Version:1
AGENDA CAPTION
Consider adoption of an ordinance authorizing expenditure of $100,000.00 in previously budgeted funds for
outside counsel and other trial expenses in the litigation styled “City of Denton v.Robert P.Donnelly,”pending
in the Denton County Probate Court, Denton County, Texas; and declaring an effective date.
City of Denton Printed on 3/27/2020Page 1 of 1
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City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: LEGAL
CM/ DCM/ ACM: Aaron Leal, City Attorney
AGENDA DATE: March 31, 2020
SUBJECT
Adoption of an ordinance authorizing expenditure of $100,000.00 in previously budgeted funds for outside
counsel and trial expenses in litigation styled “City of Denton v. Robert P. Donnelly,” pending in the Denton
County Probate Court, Denton County, Texas; and declaring an effective date.
BACKGROUND
This is a condemnation case involving the acquisition of property along Mayhill Road. The Council has
been previously briefed on the case status through closed sessions and legal status reports. Budgeted funds
in the amount of $100,000.00 will be applied to the purchase order to fund services of outside counsel and
related trial and appeal expenses in this matter.
OPTIONS
Fund the purchase order or otherwise direct legal response in confidential attorney-client communications.
RECOMMENDATION
Fund the purchase order for outside counsel and trial expenses, as estimated.
EXHIBITS
1. AIS
2. Draft ordinance
Respectfully submitted:
/s/ Trey Lansford
Deputy City Attorney
Prepared by:
Sherri Thurman
Legal Secretary
Trey Lansford
Deputy City Attorney
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
S:\Legal\Our Documents\Ordinances\20\Donnelly Expenditure
ORDINANCE NO. ________________
AN ORDINANCE AUTHORIZING EXPENDITURE OF $100,000.00 IN PREVIOUSLY
BUDGETED FUNDS FOR OUTSIDE COUNSEL AND OTHER TRIAL EXPENSES IN THE
LITIGATION STYLED “CITY OF DENTON V. ROBERT P. DONNELLY,” PENDING IN THE
DENTON COUNTY PROBATE COURT, DENTON COUNTY, TEXAS; AND DECLARING
AN EFFECTIVE DATE.
WHEREAS, the City Council has previously budgeted a risk retention fund, providing
for the City’s defense in litigation; and
WHEREAS, the responsible and careful management of such resources calls for the City
Council to periodically review and authorize incremental funding of a purchase order to fund the
ongoing expenses of litigation, as measured against alternative measures to resolve the dispute;
and
WHEREAS, all previous efforts to resolve the dispute at mediation failed and resulted in
an impasse, leaving the litigants to face an imminent trial setting of September 14, 2020; and
WHEREAS, it is therefore necessary to estimate the reasonably anticipated costs of liti-
gation through trial, and to authorize the prior supplemental funding of this purchase order in an-
ticipation of the uncertain and indefinite costs of litigation, in order to assure that such expenses
can be timely paid; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council hereby approves the expenditure of an additional
$100,000.00 in previously budgeted funds for outside counsel and trial expenses in litigation
styled “City of Denton v. Robert P. Donnelly,” pending in the Denton County Probate Court,
Denton County, Texas.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by __________________________ and se-
conded by _________________________________, the ordinance was passed and approved by the
following vote [___ - ___]:
Aye Nay Abstain Absent
Mayor Chris Watts: ______ ______ ______ ______
Gerard Hudspeth, District 1: ______ ______ ______ ______
Keely G. Briggs, District 2: ______ ______ ______ ______
Jesse Davis, District 3: ______ ______ ______ ______
John Ryan, District 4: ______ ______ ______ ______
Deb Armintor, At Large Place 5: ______ ______ ______ ______
Paul Meltzer, At Large Place 6: ______ ______ ______ ______
PASSED AND APPROVED this,the __day of ,2020.
CHRIS WATTS,MAYOR
ATTEST:
ROSA RIOS,CITY SECRETARY
BY:_
APPROVED AS TO LEGAL FORM:
AARON LEAL,CITY ATTORNEY
BY:~cb:
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 20-792,Version:1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton confirming the suspension of City of Denton Code of
Ordinances (Code)Sections 2-29(b)(14)and 2-29(c)(6)in accordance with City of Denton Code of Ordinances
2-29(b)(13);temporarily amending Code Section 2-29 (City Council Rules of Procedure)because of a declared
state of emergency; providing for a severability clause; and providing for an effective date.
City of Denton Printed on 3/27/2020Page 1 of 1
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City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: City Manager’s Office
CM: Todd Hileman
DATE: March 31, 2020
SUBJECT
Consider adoption of an ordinance of the City of Denton confirming the suspension of City of Denton Code
of Ordinances (Code) Sections 2-29(b)(14) and 2-29(c)(6) in accordance with City of Denton Code of
Ordinances 2-29(b)(13); temporarily amending Code Section 2-29 (City Council Rules of Procedure)
because of a declared state of emergency; providing for a severability clause; and providing for an effective
date.
BACKGROUND
On March 13, 2020, Mayor Watts executed a “Declaration of Local Disaster for Public Health Emergency,”
in response to the COVID-19 pandemic. On March 17, 2020, Mayor Watts extended the Declaration of
Emergency through April 30, 2020, and issued an Order of the Council of the City of Denton. On March
24, 2020, Mayor Watts issued a Second Declaration of Local Disaster, amending and suspending the
restrictions in place in a further attempt to slow the spread of the COVID-19 virus.
On March 16, 2020, Governor Greg Abbott took action at the request of the Office of the Attorney General
to maintain governmental transparency and continued governmental operations while reducing face-to-face
contact for open government meetings. In accordance with 418.06 of the Texas Government Code and in
an effort to reduce the spread of COVID-19, Governor Abbott temporarily suspended various provisions of
the Texas Open Meetings Act (TOMA) to allow for telephonic or videoconference meetings of
governmental bodies so long as those meetings are accessible to the public.
Denton City Council meetings are conducted in accordance with the Rules of Procedure set forth in Section
2-29 of the Code of Ordinances.
RECOMMENDATION
In an effort to provide flexibility in how City business is conducted and offer safe options for the City
Council and members of the public to participate in open meetings, staff recommends temporarily
suspending Sections 2-29(b)(14) (Amendment of Rule) and 2-29(c)(6) (Videoconferencing) of the City
Council Rules of Procedure. Once in-person City Council meetings resume, the temporary suspensions will
be lifted to restore the procedural requirements that were in place prior to March 31, 2020.
EXHIBITS
Exhibit 1 – Agenda Information Sheet
Exhibit 2 – Ordinance
Exhibit 3 – Presentation
Exhibit 4 – City Council Rules - Redline Temporary Changes
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
Respectfully submitted:
Rachel Wood
Development Services
City Council Rules of Procedure
Temporary Amendments
March 31, 2020
Temporary Suspension of Section 2-29(b) (14)
•Section 2-29(b)(14) requires that proposed Rules of Procedure
amendments be introduced during a separate meeting prior to
City Council adoption.
•City Council will be asked to suspend the second reading
requirement to allow for flexibility in how City business is
conducted during the emergency declaration.
2File ID 20-792
Temporary Suspension of Section 2-29 (c)(6)
•Temporary amendments to the Rules of Procedure will allow for
alternative options for Council members to attend and
participate in open meetings.
➢City business will be conducted via ZOOM videoconference for the remainder
of the emergency declaration.
➢Meetings conducted via Zoom will be streamed online, broadcast on the
Denton Television cable channel, and available on-demand for public viewing.
•Citizens will have the following options to participate in open
meetings:
➢Online Comment Form (available at www.cityofdenton.com/publicmeetings)
➢Telephone (940) 349-7800
➢In Person on March 31 (this may change for future meetings)
3File ID 20-792
CITY COUNCIL RULES OF PROCEDURE
Subpart A – Code of Ordinances
ARTICLE II. - ADMINISTRATIVE ORGANIZATION
Sec. 2-29. - City council rules of procedure.
(a) Authority.
(1) Charter: Pursuant to the provisions of Section 2.07 of the Charter of the City of Denton,
Texas, the City Council hereby enacts these rules of procedure for all meetings of the
City Council of the City of Denton, Texas.
During any meeting, a reasonable opportunity shall be given for citizens to be heard
under these rules. These Rules of Procedure are enacted as guidelines to be followed by
all persons in the Council Chamber including the city administrative staff, news media,
and visitors.
(b) General rules.
(1) Meetings to be public: All official meetings of the Council and Council committees and
subcommittees, except closed meetings permitted by the provisions of the Texas Open
Meetings Act, V.T.C.A. Government Code Ch. 551, (Vernon 2014), as amended, shall be
open available to the public.
(2) Quorum: Four (4) members of the council shall constitute a quorum for the transaction of
business. (Charter, Section 2.06)
(3) Compelling attendance: No member shall be excused from attendance at a council
meeting except for good and valid reasons. It will be the duty of the council member to
notify the city secretary prior to the meeting at which he or she is going to be absent. The
city secretary will record each council member as being present or absent as a part of the
minutes prepared for each council meeting.
(4) Misconduct: The council may punish its own members for misconduct consistent with
any ethics policy adopted by the council.
(5) Minutes of meetings: An account of all proceedings of the council shall be kept by the
city secretary and shall be entered in a book constituting the official record of the council.
A certified agenda shall be prepared and shall be approved by the mayor for all closed
meetings for which a certified agenda is required to be kept in accordance with the Texas
Open Meetings Act.
(6) Questions to contain one subject: All questions submitted for a vote shall contain one
subject, except the city council may approve all items which are on the consent agenda in
one motion, regardless of how many subjects are contained in the consent agenda, so long
as all items have been properly posted in accordance with the Texas Open Meetings Act
and have not been removed from the consent agenda by a council member. If two or
more points are involved, any member may require a division, if the question reasonably
admits of a division.
(7) Right to floor: Any member desiring to speak shall be recognized by the chairperson, and
shall confine his or her remarks to the subject under consideration or to be considered. No
member shall be allowed to speak more than once on any one subject until every member
wishing to speak shall have spoken.
City Council Rules of Procedure
Page | 2
(8) City manager: The city manager, or acting city manager, shall attend all meetings of the
council unless excused. He or she may make recommendations to the council and shall
have the right to take part in all discussions of the council, but shall have no vote.
(Charter, Section 5.03 (d))
(9) City attorney: The city attorney, or acting city attorney, shall be available upon request
for all meetings of the council unless excused and shall, upon request, give an opinion,
either written or oral, on questions of law. The city attorney shall act as the council's
parliamentarian.
(10) City secretary: The city secretary, or acting city secretary, shall attend all meetings of
the council unless excused, and shall keep the official minutes and perform such other
duties as may be requested by the council.
(11) Officers and employees: Any officer or employee of the city, when requested by the
city manager, shall attend any meeting of the council. If requested to do so by the city
manager, such employee may present information relating to matters before the council.
(12) Rules of order: These rules govern the proceedings of the council in all cases, except
that where these rules are silent, the most recent Edition of Robert's Rules of Order shall
govern. Attendance under this subsection may be in-person or via videoconference or
teleconference.
(13) Suspension of rules: Any provision of these rules not governed by the City Charter or
other City Code provisions may be temporarily suspended by the affirmative vote of four
(4) members of the council. The vote on any such suspension shall be taken by yeas or
nays and entered into the minutes of the council.
(14) Amendment of rules: These rules may be amended, or new rules adopted by the
affirmative vote of four members of the council, provided that the proposed amendments
or new rules shall have been introduced before the city council at a prior council
meeting..
(c) Code of conduct.
(1) Council members:
a. During council meetings, council members shall preserve order and decorum and
shall neither by conversation or otherwise delay or interrupt the proceedings nor
refuse to observe the rules of the council.
b. A council member, once recognized, shall not be interrupted while speaking unless
called to order by the mayor or presiding officer, unless a point of order is raised by
another member or the parliamentarian, or unless the speaker chooses to yield to
questions from another member. If a council member is called to order while he or
she is speaking, he or she shall cease speaking immediately until the question of order
is determined. If a member fails to cease speaking when called to order, the presiding
officer may mute the member through use of videoconferencing or teleconferencing
technology. If ruled to be in order, he or she shall be permitted to proceed. If ruled
not to be in order, he or she shall remain silent or shall alter his or her remarks so as
to comply with rules of the council.
(2) Administrative staff:
a. Members of the administrative staff and employees of the city shall observe the same
rules of procedure and decorum applicable to members of the council, and shall have
no voice unless and until recognized by the chair.
City Council Rules of Procedure
Page | 3
b. While the presiding officer shall have the authority to preserve decorum in meetings
as far as staff members and city employees are concerned, the city manager also shall
be responsible for the orderly conduct and decorum of all city employees under his or
her direction and control.
c. The city manager shall take such disciplinary action as may be necessary to insure
that such decorum is preserved at all times by city employees in council meetings.
d. All remarks and questions addressed to the council shall be addressed to the council
as a whole and not to any individual member thereof.
e. No staff member, other than a staff member having the floor, shall enter into any
discussion either directly or indirectly without permission of the presiding officer.
(3) Citizens:
a. Citizens and other visitors are welcome to viewattend all public meetings of the city
council, and will be admitted to the city council chamber or other room in which the
city council is meeting, up to the fire safety capacity of the roomparticipate via any
method the City makes available other than personal appearance, including but not
limited to telephonic participation and email/internet submission.
b. All meeting attendees shall conduct themselves with propriety and decorum.
Conversations between or among audience members should be conducted outside the
meeting room. Attendees will refrain from excessively loud private conversations
while the council is in session.
c. Unauthorized remarks from the audience, stamping of the feet, applauding, whistles,
yells, and similar demonstrations shall not be permitted.
d. Placards, banners, signs, pamphlets, flyers, or political materials of any type will not
be permitted in the city council chamber or in any other room in which the city
council is meeting. Exhibits, displays, and visual aids used in connection with
presentations to the city council, however, are permitted.
e. Audience members may not place their feet on any chairs in the city council chamber
or other room in which the city council is meeting.
f. Only city council members and city staff may step onto the dais.
g. All people wishing to address the city council shall first be recognized by the
presiding officer andbe able to do so remotely in a manner provided by the City, and
shall limit their remarks to the matter under discussion.
h. All remarks and questions addressed to the city council shall be addressed to the city
council as a whole and not to any individual members.
i. Any person addressing the city council in the city council chamber shall do so by
from the lectern unless physically unable to do soelectronic participation means as
provided by the City. People addressing the city council shall not be permitted to
approach the dais. If they wish to hand out papers or other materials to the city
council, they should express that desire to the presiding officer, and the city manager
shall direct a staff member to hand out the materialssubmit those items through a
dedicated email account at least four hours prior to the start of the meeting.
j. When the time has expired for a presentation to the city council, the presiding officer
shall direct the person speaking to cease. A second request from the presiding officer
to cease speaking shall be cause of the removal of the speaker if that person continues
to speak.
City Council Rules of Procedure
Page | 4
k. Equipment, apparatus, or paraphernalia such as camera tripods, easels, or wheelchairs
shall not obstruct, block, or otherwise be located in the doorway, entranceway, or
walkways of the city council chambers or of any other room in which the city council
may choose to meet. Representatives of the electronic media may set up cameras and
other equipment only in the back of the room. It is permissible for television camera
operators to film for short periods of time (several minutes) from the entranceway to
the city council chambers. Any radio station, which broadcasts the regular city
council meetings live, may hook their equipment up at the front of the room as long
as it remains out of sight and out of the way.
l. There will be a uniformed City of Denton police officer present atin or near all
regular meetings of the city council. This police officer shall act in the capacity of a
security officer/sergeant-at-arms, and shall enforce the meeting rules and act upon the
direction of the presiding officer.
m. Any person making personal, impertinent, profane, or slanderous remarks, or who
becomes boisterous while addressing the city council or who otherwise violates any
of the above-mentioned rules while attending a city council meeting shall be removed
from the room meeting at the direction of the presiding officer, and the person shall
be barred from further audience and participation before the city council during that
session of the city council. If the presiding officer fails to act, any member of the city
council may move to require the offending person's removal, and the affirmative vote
of a majority of the city council shall require the presiding officer to act. The
sergeant-at-armsCity staff, if so directed by the presiding officer or an affirmative
vote of the majority of the city council, shall remove the offending person from the
meeting.
(4) Enforcement: The city manager, in the absence of a designated law enforcement officer,
shall act as sergeant at arms for the council, and shall furnish whatever assistance is
needed to enforce the rules of decorum herein established.
(5) Seating arrangement: For in-person meetings, Tthe city secretary, city manager and city
attorney shall occupy the respective seats in the council chamber assigned to them by the
mayor, but any two (2) or more members of the council may exchange seats.
(6) Videoconferencing: City council members may elect to participate in a city council
meeting by videoconference in the event the member is traveling or unable to attend a
meeting due to illness or declaration of disaster or emergency.
a. Procedures for meeting by videoconference if a quorum will be in one physical
location:
The council meeting notice shall specify where the quorum of the governmental body
will be physically present, and the intent to have a quorum present at that location.
The video and audio feed of a remote councilmember or employee shall be broadcast
live at the meeting. Each portion of the meeting held by videoconference call that is
required to be open to the public shall be visible and audible to the public at the
location where the quorum is present. The location at which the quorum is present,
and each remote location from which a member of the governmental body
participates, shall have two-way audio and video communication with each other
location during the entire meeting. Each participant's face in the videoconference call,
while speaking, shall be clearly visible and audible to each other participant and,
during the open portion of the meeting, to the members of the public in attendance at
City Council Rules of Procedure
Page | 5
the location where a quorum is present, and at any other location of the meeting that
is open to the public. The audio and video signals perceptible by members of the
public at each location of the meeting shall meet or exceed minimum standards
established by Texas Department of Information Resources (DIR) rules. The audio
and video signals perceptible by members of the public at the location where the
quorum is present and, any other location open to the public, shall be of sufficient
quality so that members of the public at each location can observe the demeanor and
hear the voice of each participant in the open portion of the meeting. If a problem
occurs that causes a meeting to no longer be visible and audible to the public at the
location where a quorum is present, the meeting shall be recessed until the problem is
resolved, and if the problem is not resolved in six hours or less, the meeting shall be
adjourned. The city shall make at least an audio recording of the meeting, and the
recording shall be made available to the public.
b. Procedures for meeting by videoconference if a quorum will not be in one physical
location:
The city shall make available to the public at least one suitable physical space in the
city that is equipped with videoconference equipment that provides an audio and
video display, as well as a camera and microphone, by which a member of the public
can provide testimony or otherwise participate in the meeting. The member of the
governmental body presiding over the meeting shall be present at this site, and the
location must be open to the public. The meeting notice shall specify the physical
space provided, and shall also specify the intent to have the presiding officer present
at the location. Any member of the public present at this location shall be provided
the opportunity to participate in the meeting by means of a videoconference call in the
same manner as a person who is physically present at a meeting of the governmental
body that is not conducted by videoconference.
Each portion of the meeting held by videoconference call that is required to be open
to the public shall be visible and audible to the public. The video and audio feed of a
remote councilmember or employee shall be broadcast live at the meeting as the
technology employed permits. The site provided in the city and each remote location
from which a member participates, shall have two-way audio and video
communication with each member who is participating by videoconference during the
entire meeting. Each participant's face in the videoconference, while speaking, must
be clearly visible and audible to each other participant and, during the open portion of
the meeting, to the members of the public in attendance at the meeting location in the
city, and at any other location of the meeting that may be open to the public. The
audio and video signals perceptible by members of the public at each location of the
meeting shall meet or exceed minimum standards established by DIR rules. The audio
and video signals perceptible by members of the public at each location of the
meeting that is open to the public, and each remote location, must be of sufficient
quality so that members of the public at each location can observe the demeanor and
hear the voice of each participant in the open portion of the meeting. If a problem
occurs that causes the meeting to no longer be visible and audible to the public at the
meeting site in the city, the meeting must be recessed until the problem is resolved,
and if the problem is not resolved in six hours or less, the meeting shall be adjourned.
City Council Rules of Procedure
Page | 6
The city shall make at least an audio recording of the meeting, and the recording shall
be made available to the public.
c. Council members wishing to participate in a meeting by videoconference shall
provide notice to the city manager and the agenda committee not less than seven four
(47) days prior to the meeting.
(d) Types of meetings.
(1) Regular meetings: The council shall meet on the first and third Tuesday of each month, at
such time as may be set by the city council, unless the meeting is postponed or cancelled
for valid reasons. All regular meetings of the council will be held in City Hall at 215 East
McKinney Street, Denton, Texas or at such other location as the city council may, from
time to time by proper posting under the Open Meetings Act and so long as the location
meeting is open available to the public, designate. In the event a regular meeting falls on
a day the city observes a paid holiday, or the day after, no regular meeting shall be
scheduled. Furthermore, no regular meetings shall be held the first two weeks in July, nor
the last two weeks of November and December. The limitations in this provision do not
apply to other types of meetings which may be called under Section 2-29(d).
(2) Special meetings: Special meetings may be called by the mayor, the city manager, or by
any three (3) members of the council. The city secretary shall post notice thereof as
provided by the Texas Open Meetings Act. The mayor, city manager, or three (3) of the
council members may designate a location for the special meeting other than City Hall, as
long as the location is open to the public.
(3) Workshop meetings: Workshop meetings (also referred to as "work sessions") may be
held on the first and third Tuesday of each month at such time as may be set by the city
council, or on such other day as the city council may designate and at such time as may
be set by the city council, to discuss near to mid or long range issues and to answer city
council questions concerning all agenda items. Workshops or work sessions may be
called using the same procedure required for special meetings as provided for in
subsection (2) above. The purpose of the workshop meeting is to discuss or explore
matters of interest to the city, to meet with city boards, commissions, or committee
members, city staff or officers of civic organizations, governing bodies or individuals
specifically invited to the session by the mayor, council or city manager. These meetings
are informational and normally no final action shall be taken unless the posted agenda
indicates otherwise. However, the city council may, by consensus, provide general
direction to staff with regard to matters of interest or concern, understanding such matters
ultimately may require a formal vote of the council for implementation.
(4) Luncheon meetings: Luncheon workshop or work session meetings may be held on the
first Monday of each month at such time as may be set by the city council, or on such
other day as the city council may designate. Such meetings may be called using the same
procedure required for special meetings as provided for in subsection (2) above. The
purpose of the luncheon meeting is to discuss or explore matters of interest to the city, to
meet with city boards, commissions, or committee members, city staff or officers of civic
organizations, governing bodies or individuals specifically invited to the session by the
mayor, council or city manager. These meetings are informational and normally no final
action shall be taken unless the posted agenda indicates otherwise. However, the city
council may, by consensus, provide general direction to staff with regard to matters of
City Council Rules of Procedure
Page | 7
interest or concern, understanding such matters ultimately may require a formal vote of
the council for implementation.
(5) Emergency meetings: In case of emergency or urgent public necessity, which shall be
expressed in the notice of the meeting, an emergency meeting may be called by the
mayor, the city manager or by three members of the council, and it shall be sufficient if
the notice is posted two one hours before the meeting is convened. Council members
shall notify staff as soon as possible if they will participate in an emergency meeting via
videoconference.
(6) Closed meetings: The council may meet in a closed meeting pursuant to the requirements
of the Texas Open Meetings Act.
(7) Recessed meetings: Any meeting of the council may be recessed to a later time, provided
that no recess shall be for a longer period than until the next business day.
(8) Notice of meetings: The agenda for all meetings, including council committee or
subcommittee meetings, shall be posted by the city secretary on the city's official bulletin
board and notice of all meetings shall be given posted by the city secretary pursuant to
the requirements of the Texas Open Meetings Act.
(e) Presiding officer and duties.
(1) Presiding officer: The mayor, or in the absence of the mayor, the mayor pro-tem, shall
preside as chairman, or presiding officer at all meetings of the council. In the absence of
the mayor and the mayor pro-tem, the council shall elect a temporary presiding officer.
(Charter, Section 2.03)
(2) Call to order: The meetings of the council shall be called to order by the mayor, or in his
or her absence, by the mayor pro-tem. In the absence of both the mayor and the mayor
pro-tem, the meeting shall be called to order by the city secretary, and a temporary
presiding officer shall be elected as provided above.
(3) Preservation of order: The presiding officer shall preserve order and decorum, and
confine members in debate to the question under discussion. The presiding officer shall
call upon the sergeant-at-arms as necessary to enforce compliance with the rules
contained herein.
(4) Points of order: The presiding officer shall determine all points of order, subject to the
right of any member to appeal to the council. If any appeal is taken, the question shall be,
"Shall the decision of the presiding officer be sustained?" If a majority of the members
present vote "No," the ruling of the chair is overruled; otherwise, it is sustained.
(5) Questions to be stated: The presiding officer shall state all questions submitted for a vote
and announce the result. A roll call vote shall be taken upon the request of any member,
and upon the passage of all ordinances and resolutions.
(6) Substitution for presiding officer: The presiding officer may call any other member to
take his or her place in the chair, such substitution not to continue beyond adjournment.
(7) Call for recess: The presiding officer may call for a recess of up to fifteen (15) minutes at
regular intervals of approximately one hour at appropriate points in the meeting agenda,
or if requested by any two (2) members.
(f) Order of business.
(1) Agenda: The order of business of each meeting shall be as contained in the agenda
prepared by the city manager, which shall be reviewed and approved by an agenda
committee composed of the mayor, the mayor pro-tem, and the city manager. When items
are removed from the consent agenda and placed on the regular agenda by members of
City Council Rules of Procedure
Page | 8
the council, the removed items shall be taken up in the order of removal right after the
consent agenda. Placement of items on the agenda shall be governed by this ordinance;
provided that if a council member has an "emergency" item that the council member
believes should be placed on the next regular or special meeting agenda, the placement
must be approved by two members of the agenda committee or at the direction of a
majority of the council. Conduct of business at special meetings will likewise be
governed by an agenda and these rules of procedure.
(2) Pledge of Allegiance: Each agenda shall provide an item for the recital of the "Pledge of
Allegiance" at the regularly scheduled city council meetings. This item shall begin with
the recital of the pledge of allegiance for the United States flag and shall follow with a
recital of the pledge of allegiance for the Texas state flag in accordance with V.T.C.A.
Government Code § 3100.101.
(3) Presentations by members of council or city manager: The agenda shall provide a time
when the mayor or any council member may bring before the council any business that
he or she feels should be deliberated upon by the council at a future council meeting.
These matters need not be specifically listed on the agenda, but discussion and formal
action on such matters shall be deferred until a subsequent council meeting. Any member
may suggest an item for discussion at a future work session. The city manager or city
staff shall only respond preliminarily on this item at the work session. If the city council
believes the item requires a more detailed review, the council will give the city manager
or city staff direction to place the item on a future regular meeting agenda and advise
staff as to the background materials to be desired at such meeting. The city council may
receive from the city manager or city staff or a member of the city council reports about
items of community interest including expressions of thanks, congratulations, or
condolence; information regarding holiday schedules; an honorary or salutary recognition
of a public official, public employee, or other citizen, except that a discussion regarding a
change in the status of a person's public office or public employment is not an honorary
or salutary recognition for purposes of this subdivision; a reminder about an upcoming
event organized or sponsored by the governing body; information regarding a social,
ceremonial, or community event organized or sponsored by an entity other than the
governing body that was attended or is scheduled to be attended by a member of the
governing body or an official or employee of the municipality; and announcements
involving an imminent threat to the public health and safety of people in the municipality
that has arisen after the posting of the agenda so long as authorized by the Texas Open
Meetings Act.
(4) Presentations from members of the public:
a. Reports from members of the public: Reports from members of the public shall be
received through either of two (2) methods: 1) prior registration or 2) open
microphone. A total of up to seven (7) speakers are permitted to provide public
comment and may include any combination of prior registration and open
microphone speakers. Public comment is provided during regular meetings of the city
council, which typically occur on the first and third Tuesday of each month.
Presentations made in accordance with this section will be made via teleconference or
videoconference technology as specified by the City on its website or meeting notice.
City Council Rules of Procedure
Page | 9
1) Prior registration. Any person who wishes to place a subject on the council
agenda at regular council meetings shall advise the city manager's office of that
fact and the specified subject matter which he or she desires to place on the
agenda no later than 12:00 p.m. Thursday prior to the council meeting at which he
or she wishes the designated subject to be considered. Such reports shall be heard
at the beginning of the regular meeting of the city council pursuant to an agenda
posting allowing a period of public comment.
Each speaker providing a report shall speak for no longer than four (4) minutes.
At the conclusion of each report, council may pose questions to the speaker
concerning his or her report. Council may also engage in discussion concerning
each report. If the city council believes that a speaker's report requires a more
detailed review, the council will give the city manager or city staff direction to
place the item on a future work session or regular meeting agenda and advise staff
as to the background materials to be desired at such meeting.
2) Open microphone. Prior to At the beginning of the regular meeting of the city
council, persons who have not registered to speak as above described may make
comments through the open microphone procedure. Such person(s) shall have
filed a "Blue Card" requesting to speak during this period prior to the calling of
this agenda item. At the time the city council calls the Open Microphone
comment period, a person may present himself or herself and make public
comments regarding public businesshave registered via email or telephone as
specified by the City on its website or meeting notice; provided however, such
persons shall not be allowed to speak to items on the current agenda in light of
other established procedures for taking such comments as specified in these rules.
No person may fill outsubmit a "request to speak" form in order to speak or
comment on another person's report, which is given at the same council meeting.
An announcement may be made, prior to the time for reports from members of the
public on the agenda, summarizing the main portions of the rules and the "code of
conduct" as they may apply to members of the public speaking to the council.
Any speaker providing a report shall speak for no longer than four (4) minutes on
all items that he or she may bring before the council at each meeting.
b. Work session or workshop items: As it concerns the workshop agenda, citizens or
other interested persons may not participate in the session unless invited to do so by
the mayor. If the mayor invites citizens to participate in a work session, their
participation will cease at the point the mayor closes the session to public input to
allow the council to give city staff direction as to needed information for the possible
future meeting on the item. Citizens should be advised of the nature of the work
session, but that their input on these items is premature until such item is placed upon
a city council agenda for final action. The purpose of this procedure is to allow the
citizens attending the regular meeting the opportunity of hearing the views of their
fellow citizens in a more formal setting. Any citizen may supply the city council a
written statement or report regarding the citizen's opinion on a matter being discussed
in a work session.
City Council Rules of Procedure
Page | 10
1) c. Speaking Commenting on consent and regular agenda items: Any person
who wishes to address the council regarding a non-public hearing regular or
consent agenda item may do so by submitting a web form found at the link
provided on the agenda or by telephonic participationthat is on the council's
agenda, shall complete a "request to speak" form asking to speak regarding the
item and shall return it to the city secretary. On For both consent and regular
agenda items, comments must be received at least one (1) hour prior to the posted
start time of the meeting. Comments will be provided to the Council prior to
consideration of any item to which a comment pertains. This procedure will be
the only method for the public to provide comment, and no other avenue of public
comment under this section will be recognized during the course of the meeting.
3) the request to speak card shall be submitted prior to the citizen comment on
consent agenda items at the beginning of the city council meeting. On regular
agenda items, the request to speak card shall be submitted prior to the time the
city council considers the item. The mayor will call upon the person who desires
to speak.
4) Consent agenda items: When consent agenda items are posted on an agenda,
citizens or other interested persons will be allowed to make citizen comment
immediately after the opening of the city council meeting and prior to workshop
or work session items on the agenda by filling out a "request to speak" card (aka a
"blue card") asking to speak on any or all consent agenda items and returning the
form to the city secretary. In the event a person is unable to attend the city council
workshop or work session, he or she may contact the city secretary prior to the
opening of the meeting and request that a consent agenda item be pulled from the
consent agenda in order to allow comment as an individual item at the regular
meeting of the city council. The city secretary shall make any such request known
to the city council. Consent agenda items are generally routine nature, so
comment at this time facilitates the regular council meeting where no citizen
comment on consent agenda items will be permitted, unless the item is removed
from the consent agenda by a member of the council to be considered as an
individual item during the regular meeting. Speakers will be allowed three (3)
minutes per speaker and may comment on any or all consent agenda items so long
as any speaker's time does not exceed a total of three (3) minutes.
5) Regular agenda items: During the regular session of the city council meeting, any
citizen or interested person may comment on an item posted on the agenda for
final action. Any person who wishes to address the council regarding a non-public
hearing item that is on the council's agenda, shall complete a "request to speak"
form asking to speak regarding the item and shall return it to the city secretary
before the council considers the item. This procedure applies to speakers desiring
to speak to items for individual consideration on the agenda during the regular
meeting of the city council. The mayor will call upon the person to speak.
Speakers will be allowed three (3) minutes per speaker as to any particular agenda
item being considered by the city council.
f.c. Public hearings:
1) Any person who wishes to address the council at a public hearing is encouraged to
complete a "request to speak" form online or by calling the phone number
City Council Rules of Procedure
Page | 11
provided in the meeting noticeand return it to the city secretary before the
applicable hearing. The mayor will call upon the person to speak. Speakers will
be allowed an initial four (4) minutes per speaker as to any public hearing item.
However, if numerous speakers desire to comment on an item, council may limit
speakers to three (3) minutes per speaker. Only those speakers who previously
provided input on a specific item will be permitted to provide a final rebuttal of
up to two (2) minutes per speaker. Applicants and their agents on public hearing
items shall be allowed to speak for no longer than ten (10) minutes per speaker
with a total of twenty (20) minutes for all speakers representing the applicant.
Speakers will have the opportunity to make a single, final rebuttal after hearing
the applicant’s rebuttal as set forth in Section 2-29(f)(4)(d)(2)(g).
2) To facilitate the public hearing process in zoning cases the following procedure
will be used:
a) The mayor reads the zoning case caption, and then opens the public hearing.
b) The city manager introduces the city staff for presentation.
c) City staff presents facts relevant to the matter.
d) The applicant presents his or her case, with potential questions of the
applicant from the city council.
e) The council receives input from the public, with potential questions of
speakers from the city council.
f) The applicant will be given an opportunity to make rebuttal comments.
g) Members of the public who previously provided input on a specific item will
have the opportunity to make a single, final rebuttal.
h) The city staff and/or the applicant will answer any questions of the city
council.
i) Upon conclusion of these questions and answers, the mayor will continue or
close the public hearing.
3) Groups or organizations: Any group or organization comprised of four (4) or
more members who have communicated via the online form or phone number that
they present in the city council chambers who wishes to address the council at a
public hearing or on a non-public hearing agenda item shall designate a
representative to address the city council and shall limit their remarks to ten (10)
minutes or less. The group or organization shall turn inprovide a written
designation to the city secretary, on cards prepared by the city secretary of a
different color from cards submitted by individual speakersvia the online form or
email to the city secretary, prior to the commencement of the meeting identifying
the representative who will address the city council on behalf of the group or
organization. At the time the representative is recognized by the mayor to speak,
the group or organization will be asked to stand to be recognized prior to the
receipt of comments by the representative.
g.d.Discretionary time: At the discretion of the presiding officer or a majority of the city
council, any speaker may be granted an extension of time to speak.
h.e. Audio/Visual aids: Any citizen desiring to use audio/visual aids during presentations
to council shall submit such presentation to the city secretary twenty-four (24) hours
prior to the meeting where the presentation will occur.
City Council Rules of Procedure
Page | 12
(5) Presentation of proclamations: The agenda may provide a time for the presentation of
proclamations. The mayor or presiding officer may deliver provide and present
proclamations upon the request of citizens. Proclamations may encompass any activity or
theme except that proclamations with a theme religious or partisan in nature shall not be
presented. Moreover, proclamations shall not be used for any commercial or advertising
purpose.
(g) Consideration of ordinances, resolutions, and motions.
(1) Printed or typewritten form: All ordinances and resolutions shall be presented to the
council in printed, typewritten or electronic form. The council may, by proper motion,
amend any ordinance or resolution presented to it at the meeting at which it is presented
or direct that the amended ordinance be placed on the next or any future council agenda
for adoption.
(2) City attorney to approve: All ordinances, resolutions, and contracts and amendments
thereto, shall be approved as to form and legality by the city attorney, or he or she shall
file a written opinion on the legality of such ordinance, resolution or contract prior to
submission to the council. (Charter, Section 6.02)
(3) Distribution of ordinances and resolutions: The city manager shall prepare copies of all
proposed ordinances and resolutions for distribution to all members of the council at the
meeting at which the ordinance or resolution is introduced, or at such earlier time as is
expedient.
(4) Recording of votes: The yeas and nays shall be taken upon the passage of all ordinances
and resolutions and the vote of each member shall be recorded in the minutes and within
each respective ordinance and resolution. (Charter, Section 2.06 (b))
(5) Majority vote required: An affirmative vote of four (4) members is necessary to repeal
any ordinance or take any official action in the name of the city except as otherwise
provided in the Charter, by the laws of the State of Texas, or these rules. (Charter,
Section 2.06)
a. Tie-Vote:
1. City Council: Matters voted on by the City Council which end in a tie-vote due to
absence(s) shall automatically be placed on each subsequent council meeting
agenda until the full Council is present or the matter does not end in a tie vote.
Matters voted on by the City Council when the full Council is present, which end
in a tie-vote due to recusal(s) shall be considered a denial.
2. Boards, Commissions, and Committees: With the exception of the Planning and
Zoning Commission, matters voted on by boards, commissions, and committees,
which end in a tie-vote, regardless of the cause, shall be considered a denial. This
provision applies to all task forces, ad hoc committees, or other limited duration
groups established by the City Council.
i. The Denton Development Code outlines the process for City Council
review and decision of any recommendations made by the Planning
and Zoning Commission.
(6) Demand for roll call: Upon demand of any member, the roll shall be called for yeas and
nays upon any question before the council, with the exception of those circumstances set
forth in subsection (12), the previous question. It shall not be in order for members to
explain their vote during the roll call.
City Council Rules of Procedure
Page | 13
(7) Personal privilege: The right of a member to address the Council on a question of
personal privilege shall be limited to cases in which his or her integrity, character, or
motives are assailed, questioned, or impugned.
(8) Dissents and protests: Any member shall have the right to express dissent from or protest
against any ordinance or resolution of the council and have the reason therefor entered
upon the minutes. Such dissent or protest may be filed in writing, and presented to the
council not later than the next regular meeting following the date of passage of the
ordinance or resolution objected to.
(9) Voting required: No member shall be excused from voting except for lack of information
and except on matters involving the consideration of his or her own official conduct, or
where his or her personal interests are involved in accordance with V.T.C.A. Local
Government Code Ch. 171 (Vernon 2014), and in these instances he or she shall abstain.
Any member prohibited from voting by personal interest shall announce this at the
commencement of consideration of the matter and shall not enter into discussion or
debate on any such matter, shall leave the meeting room, and shall file an affidavit of
recusal. The member having briefly stated the reason for his or her request, the excuse
from voting shall be made without debate.
(10) Order of precedence of motions:
a. The following motions shall have priority in the order indicated:
1. Adjourn (when unqualified) and is not debatable and may not be amended;
2. Take a recess (when privileged);
3. Raise a question of privilege;
4. Lay on the table;
5. Previous question (⅔ vote required);
6. Limit or extend limits of debate (⅔ vote required);
7. Postpone to a certain time;
8. Commit or refer;
9. Amend;
10. Postpone indefinitely;
11. Main motion.
b. The first two motions are not always privileged. To adjourn shall lose its privilege
character and be a main motion if in any way qualified. To take a recess shall be
privileged only when other business is pending.
c. A motion to adjourn is not in order:
1. When repeated without intervening business or discussion;
2. When made as an interruption of a member while speaking;
3. While a vote is being taken.
d. Only certain motions may be amended as provided in the most current edition of
Robert's Rules of Order, revised. A motion to amend shall be undebatable when the
question to be amended is undebatable.
(11) Reconsideration: A motion to reconsider any action of the council can be made not
later than the next succeeding official meeting of the council. Such a motion can only be
made by a member who voted with the prevailing side. It can be seconded by any
member. In order to comply with the Texas Open Meetings Act, any council member
who wishes to make such a motion at a meeting succeeding the meeting where the action
was taken shall notify the city manager to place the item for reconsideration on the
City Council Rules of Procedure
Page | 14
council agenda. No question shall be twice reconsidered, except by unanimous consent of
the council, except that action related to any contract may be reconsidered at any time
before the final execution thereof. A matter which was not timely reconsidered in the
manner provided by this section or was reconsidered but the action originally taken was
not changed by the council cannot be reintroduced to the council or placed on a council
meeting agenda for a period of six (6) months unless this rule is suspended as provided
for in these rules of procedure.
(12) The previous question: When the previous question is moved and seconded, it shall
be put as follows: "Shall the main question be now put?". There shall then be no further
amendment or debate; except that nothing herein shall allow the previous question to be
called prior to a least one opportunity for each member of the council to speak on the
question before the council. Any pending amendments shall be put in their order before
the main question. If the motion for the previous question is lost, the main question
remains before the council. An affirmative vote of ⅔ of the council shall be required to
move the previous question. To demand the previous question is equivalent in effect to
moving "That debate now cease, and the council shall immediately proceed to vote on the
pending motion". In practice, this is done with the phrase "Call for the question", or
simply saying "Question".
(13) Withdrawal of motions: A motion may be withdrawn, or modified, by its movant
without asking permission until the motion has been stated by the presiding officer. If the
movant modifies his or her motion, the seconding council member may withdraw his or
her second. After the question has been stated, the movant shall neither withdraw it nor
modify it without the consent of the council. The subject different from that under
consideration shall be admitted under color of amendment. A motion to amend an
amendment shall be in order, but one to amend an amendment to an amendment shall not
be in order.
(14) Appropriations of money: Before formal approval by the council of motions
providing for appropriation of money, information must be presented to the council
showing purpose of the appropriation. In addition, before finally acting on such an
appropriation, the council shall obtain a report from the city manager as to the availability
of funds and his or her recommendations as to the desirability of the appropriation.
(15) Transfer of appropriations: At the request of the city manager, at any time during the
fiscal year, the council may by resolution transfer an unencumbered balance of an
appropriation made for the use of one department, division, or purpose; but no transfer
shall be made of revenues or earnings of any non-tax supported public utility to any other
purpose.
(h) Creation of committees, boards and commissions.
(1) Council committees: The council may, by resolution and as the need arises, authorize the
appointment of council committees. Any committee so created shall cease to exist when
abolished by resolution of the council. Council committees shall comply with the Texas
Open Meetings Act, as may be amended, suspended, or otherwise modified in times of
emergency.
(2) Citizen boards, commissions, and committees: The council may create other citizen
boards, commissions, and committees to assist in the conduct of the operation of the city
government with such duties as the council may specify not inconsistent with the City
Charter or Code. Creation of such boards, commissions, and committees and
City Council Rules of Procedure
Page | 15
memberships and selection of members shall be by council resolution if not otherwise
specified by the City Charter or Code. Any board, commission, or committee so created
shall cease to exist when abolished by a resolution approved by the council. No
committee so appointed shall have powers other than advisory to the council or to the city
manager, except as otherwise specified by the Charter or Code. All citizen boards,
commissions, and committees shall comply with the procedural requirements of the
Texas Open Meetings Act, as may be amended, suspended, or otherwise modified in
times of emergency. Any reference in this article to "citizen boards, commissions, and
committees" includes citizen task forces and citizen ad hoc boards, commissions, and
committees unless otherwise indicated herein.
(3) Appointments:
a. Individual city council members making nominations for members to citizen boards,
commissions, and committees will consider interested persons on a citywide basis.
b. The city council will make an effort to be inclusive of all segments of the community
in the board, commission, and committee appointment process. City council members
will consider ethnicity, gender, socio-economic levels, and other factors to ensure a
diverse representation of Denton citizens.
c. The city council will take into consideration an individual's qualifications, willingness
to serve, and application information in selecting nominations for membership to each
board, commission, and committee.
d. In an effort to ensure maximum citizen participation, city council members will
continue the general practice of nominating new citizens to replace board members
who have served three (3) consecutive terms on the same board per the provisions of
Denton Code of Ordinances, section 2-65. This provision does not apply to citizen
task forces and citizen ad hoc committees.
e. Each city council member will be responsible for making nominations for board,
committee, and commission places assigned to him or her, which shall correspond to
the city council member's place. Individual city council members will make
nominations to the full city council for the governing body's approval or disapproval.
(4) Rules of procedure:
a. All board, commission, and committee members, including citizen board,
commission, and committee members, shall comply with the provisions of article II
of chapter 2 of the Code of Ordinances, as may be amended. All board, commission
and committee members, including citizen board, commission, and committee
members, shall be provided a copy of these rules of procedure and a copy of the City
of Denton Handbook for Boards, Commissions and Committees, which shall govern
operational procedures of all boards, commissions and committees, including citizen
boards, commissions, and committees. All boards, commissions, and committees,
including citizen boards, commissions and committees, shall comply with these rules
as to the preparation of minutes of meetings, and such minutes shall be prepared in
accordance with the policies and procedures of the city secretary.
b. All citizen board, commission, and committee members shall comply with the
procedural requirements of the V.T.C.A., Texas Government Code Chapter 551, also
known as the "Texas Open Meetings Act" as they appear now or may be amended in
the future, insofar as the procedural requirements have not been suspended during a
time of emergency. Notice of all meetings shall be posted in compliance with the
City Council Rules of Procedure
Page | 16
Texas Open Meetings Act and minutes and records will be maintained in accordance
with requirements of the city secretary's office. Each citizen board, commission, and
committee member shall be provided a copy of the Texas Open Meetings Act.
Penalty provisions of the Texas Open Meetings Act shall only apply to citizen boards,
commissions, and committees with rule making or quasi-judicial power, as set forth
in the Texas Open Meetings Act and as interpreted by Texas Courts.
c. Unless otherwise provided by law, the City Council and each board, commission, or
committee, shall adopt a regular meeting schedule by no later than the body’s first
meeting of the calendar year. All regular meeting schedules shall be sent to the City
Secretary’s Office for official record keeping purposes upon adoption. Regular
meeting schedules should include all planned meetings the body intends to have
during the calendar year.
(i) Votes required. Questions on which the voting requirement is varied by the Charter, State
Statutes and these rules are listed below:
(1) Charter and state statutory requirements:
a. Charter amendment—Five (5) votes: Ordinances submitting proposed Charter
amendments must be adopted by a two-thirds (⅔) vote of the council. (TEX. CONST.
art. XI, § 3 and V.T.C.A. Local Government Code Ch. 9 (Vernon 2014.)) For a
seven-member council, this means five (5) members must vote affirmatively.
b. Levying taxes—Five (5) votes: Ordinances providing for the assessment and
collection of certain taxes require the approval of two-thirds (⅔) of the members of
the council (V.T.C.A. Tax Code § 302.101 (Vernon 2014)).
c. Changing paving assessment plans—Five (5) votes: Changes in plans for paving
assessment require a two-thirds (⅔) vote of the council (V.T.C.A. Transportation
Code § 313.053(e) (Vernon 2014)).
d. Changes in zoning ordinance or zoning classifications: In cases of a written protest of
a change in a zoning regulation or zoning classification by the owners of twenty (20)
percent or more either of the area of the lots included in such proposed change, or of
the lots immediately adjoining the same and extending two hundred (200) feet
therefrom, such amendment shall not become effective except by the favorable vote
of three-fourths (¾) of all members of the city council; further, three-fourths (¾) of
all the members of the city council is required to override the decision of the planning
and zoning commission that a zoning change be denied (V.T.C.A. Local Government
Code § 211.066 (Vernon 2014)) and section 35.3.4.C.(4) Denton City Code
(Development Code)). ("All" members of the city council is construed to mean all
who are qualified to vote on a matter, and any legal disqualification of a member
could change the requisite number of votes required for passage. City of Alamo
Heights v. Gerety et al., 264 S.W. 2d 778 (Ct. App. — San Antonio (1954)).
e. Amendment of tax abatement policy: The guidelines and criteria adopted as the city's
tax abatement policy may be amended or repealed by a vote of three-fourths (¾) of all
members of the city council (V.T.C.A. Tax Code § 312.002(c) (Vernon 2014)).
Severability clause. If any section, subsection, paragraph, sentence, clause, phrase or word in this
section, or application thereof to any person or circumstances is held invalid by any court of
competent jurisdiction, such holding shall not affect the validity of the remaining portions of this
ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have
enacted such remaining portions despite any such invalidity.
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:A20-0001b,Version:1
AGENDA CAPTION
Conduct the second of two readings and consider adoption of an ordinance of the City of Denton,Texas
annexing approximately 131.94 acres of land,generally south of Allred Road and west of Fort Worth Drive,to
the City of Denton,Denton County,Texas,described in Exhibit “A”and depicted on Exhibit “B”;providing for
a correction to the City map to include the annexed lands;and providing for a savings clause and an effective
date. (A20-0001b, Sagebrook, Hayley Zagurski)
City of Denton Printed on 3/27/2020Page 1 of 1
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City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Department of Development Services
CM: Todd Hileman
DATE: March 31, 2020
SUBJECT
Conduct the second of two readings and consider adoption of an ordinance of the City of Denton, Texas
annexing approximately 131.94 acres of land, generally south of Allred Road and west of Fort Worth Drive,
to the City of Denton, Denton County, Texas, described in Exhibit “A” and depicted on Exhibit “B”;
providing for a correction to the City map to include the annexed lands; and providing for a savings clause
and an effective date (A20-0001b, Sagebrook, Hayley Zagurski)
BACKGROUND
The applicant, Doug Powell of McAdams, on behalf of the property owner, Sharon Losak McCutchin, in
her capacity as Trustee of the (i) Tamara McCutchin Saxe Trust and (ii) Trustee of the McCutchin
Marital Non-Exempt Trust, has submitted an annexation application for the City to annex approximately
131.9 acres of land. This voluntary annexation complies with Subchapter C-3, Chapter 43 of the Texas
Local Government Code.
The subject property is part of a larger approximately 146 acre tract and is adjacent to the city limits on its
eastern and northern boundary. The zoning of the adjacent property is Residential 6 (R6) to the east and
Public Facility (PF) and Master Planned Community (MPC) to the north. The Future Land Use designation
for the subject property is a split, with the eastern portion of the property designated as Community Mixed
Use and the western portion designated as Rural Areas. Upon annexation the applicant intends to seek a
zoning designation of Planned Development (PD) with a base zoning of R6 in order to develop the property
with a single-family subdivision.
Per Section 2.7.5 of the Denton Development Code, annexations must comply with not only Chapter 43 of
the Texas Local Government Code but also the City of Denton Charter. The City’s Charter specifies that
annexation ordinances must be approved by a vote of not less than four-fifths (4/5) of the Council’s
membership and requires the ordinance to be published for at least 30 days in the paper before final action
is taken. In addition to these requirements, Subsection 2.4.5.E of the Denton Development Code also
provides general criteria for approval applicable to all applications. These criteria are outline below:
Section 2.4.5.E Criteria Findings Criteria Met?
1. General – meets general criteria
and application specific criteria
The requested annexation complies with all
criteria.
Yes
2. Prior Approvals – consistent
with terms and conditions of
any prior approved plan or
agreement
There are no previously approved plans for
the subject property.
Not Applicable
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
3. Consistent with
Comprehensive Plan and other
Applicable Plans
The Future Land Use designation is a split
of Rural Areas and Community Mixed Use.
Upon annexation the property will be given
a placeholder designation of Rural
Residential until an initial zoning is
approved.
Yes
4. Compliance with the DDC The annexation application is in compliance
with the procedures specified in Section
2.7.5. Future development of the property
will have to be in compliance with the
zoning, subdivision, and other development
standards of the DDC.
Yes
5. Compliance with Other
Applicable Regulations –
consistent with other city
regulations as well as federal
and state regulations
The annexation application is being
processed in accordance with the City’s
Charter and TLGC Chapter 43
requirements.
Yes
6. Consistent with Interlocal and
Development Agreements
There are no other agreements applicable to
this annexation.
Not Applicable
7. Minimizes Adverse
Environmental Impacts
There is floodplain and riparian buffer ESA
identified on the property. If the property
developed in the ETJ the City would not
have authority to enforce the riparian buffer
ESA standards. Upon annexation, future
development activities will be subject to all
ESA and tree preservation requirements.
Yes
8. Minimizes Adverse Impacts on
Surrounding Property
Annexation would not adversely impact
surrounding properties and would assure
future development of the site is consistent
with the City’s standards.
Yes
9. Minimizes Adverse Fiscal
Impacts
Annexation of the subject property would
offer a financial benefit to the City as it
would become part of the City tax roll.
Yes
10. Compliance with Utility,
Service, and Improvement
Standards
In accordance with the service agreement,
services will be required to be extended in
accordance with the City’s standards upon
development of the property.
Yes
11. Provides Adequate Road
Systems
In accordance with the service agreement,
there is currently roadway access to the site
via City streets. As was discussed at the
January 7th Work Session, the proposed
development would include the extension of
Brush Creek Road across US 377 in
accordance with the City’s Mobility Plan.
Yes
12. Provides Adequate Public
Services and Facilities
In accordance with the service agreement,
there is adequate access to public services
and facilities.
Yes
13. Rational Phasing Plan No phasing is proposed as part of the
annexation.
Not Applicable
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Date Council, Board, Commission Request Action
January 7, 2020 City Council Work Session No action
January 8, 2020 Planning and Zoning
Commission
Work Session No action
February 4, 2020 City Council Annexation public hearing
and first reading
Postpone to allow
service agreement
to precede
annexation
February 18, 2020 City Council Municipal Services
Agreement
Approved
February 18, 2020 City Council Public Hearing No action
February 18, 2020 City Council 1st Rearing of Annexation
Ordinance
No action
EXHIBITS
1. Agenda Information Sheet
2. Location Map
3. Zoning Map
4. Staff Presentation
5. Draft Ordinance
6. Draft Ordinance Exhibit A
7. Draft Ordinance Exhibit B
8. Draft Ordinance Exhibit C
Respectfully submitted:
Richard Cannone, AICP
Deputy Director/Planning Director
Prepared by:
Hayley Zagurski
Senior Planner
ATHENSOLD JOHN PAINEWHITEROCKTAMARACK
CLUBVIE W VI
NTAGESWEETWATER
NEW B A LLINGERBERNI
ECEJONESPARKPLACEAMISTAD FA IR W AY
DAVI
DFORTBRO O KSIDE
MEADOWGLEN
LAKEWAYLAVONBALMORHEA
E AGLEMOUNTA IN LINKS
WI
NTHROPHI
LLJOHNPAINECHI P P IN G C A M P DENHAVENWAY
CREEKWAY
STILLHOUSE HOLLOW
ACE
KERRY
CONROE ARGY L EI-35WRampCROOKEDSTICKHAMILTONCOUNTRYCLUBUPPERGLENWICKFORT WORTHBONNIE BRAEKIOWACISCOCAVE N D I S H
TAWA K ONISKIVUEI 35 WWICKW O OD
W A R WICKCRESCENT
KILLDEER
BRIA
RHILL
BRUSH CREEK
PR IVATEFAI RWAYA CRESQUAIL CREEK
JOHNSON
ALLRED
A20-0001Site Location
0 1,000 2,000500Feet
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 ofthe 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 orimplied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement.
SITE
Parcels
Roads
COD
ETJ
NAA 8/1/20
µ
Date: 2/10/2020
In 200ft address spreadsheet include the acreage and percentage of each of the owners within the bufferMAKE SURE TO REMOVE THE SITE ADDRESSES/ACREAGE
ATHENSOLD JOHN PAINEWHITEROCKTAMARACK
C LU B VIEW VI
NTAGESWEETWATER
BERNI
ECEJONESPARKPLACEAMISTAD F A I RWAY
DAVI
DFORTBROOKSIDEMEADOWGLEN
LAKEWAYLAVONE AGLEMOUNTA IN LINKS
WI
NTHROPHI
LLJOHNPAINECHI P P IN G C A M P DENCREEKWAY
STILLHOUSE HOLLOW
ACE
KERRY
CONROE ARGYLEI-35WRampHAMILTONCOUNTRYCLUBUPPERGLENWICKFORT WORTHBONNIE BRAEKIOWACISCOCAVE N D I S H
SKIVUEI 35 WKILLDEER
BRIA
RHILL
BRUSH CREEK
PR IVATEFAI RWAYA CRESQUAIL CREEK
JOHNSON
ALLRED
RR
R2
R4
R7
R1
PD-R2
HC
MN
R6
PD
PFMPC
A20-0001Current Zoning Map
0 1,000 2,000500Feet
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 ofthe 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 orimplied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement.
SITE
Parcels
Roads
µ
Date: 2/10/2020
In 200ft address spreadsheet include the acreage and percentage of each of the owners within the bufferMAKE SURE TO REMOVE THE SITE ADDRESSES/ACREAGE
RR - Residential Rural
R1 - Residential
R2 - Residential
R3 - Residential
R4 - Residential
R6 - Residential
R7 - Residential
MN - Mixed-Use Neighborhood
MD - Mixed-Use Downtown Core
MR - Mixed-Use Regional
HC - Highway Commercial
SC - Suburban Corridor
GO - General Office
LI - Light Industrial
HI - Heavy Industrial
PF - Public Facilities
PD - Planned Development
MPC
OVERLAY
Da
A20-0001
Sagebrook
1
March 31, 2020
City Council Meeting
1
Request & Site Data
Conduct the second of two readings and consider
adoption of an ordinance of the City of Denton
annexing the subject property.
The 131.9 acre site is located south of Allred Road
and west of Fort Worth Drive.
03/31/2020 File ID: A20-0001b 2
03/31/2020 3File ID: A20-0001b
Background
Proposed for single-family development of approx. 491 units.
Presented to City Council at the January 7, 2020 Work
Session.
An ordinance of the City of Denton, Texas
annexing approximately 131.94 acres of
land, generally south of Allred Road and
west of Fort Worth Drive, to the City of
Denton, Denton County, Texas, described
in Exhibit “A” and depicted in Exhibit “B”;
providing for a correction to the city map
to include the annexed lands; and
providing for a savings clause and an
effective date.
Ordinance
File ID: A20-0001b03/31/2020 4
Annexation Schedule
•February 18, 2020
•Service Agreement
•Public Hearing
•First Reading of the Annexation Ordinance
•March 31, 2020
•Second Reading and Adoption of the Annexation Ordinance
03/31/2020 File ID: A20-0001b 5
Exhibit A
LEGAL DESCRIPTION
131.935 Acres
BEING all that certain lot, tract or parcel of land situated in the B.B.B. & C.R.R Company
Survey, Abstract No. 160, Denton County, Texas and being part of a called 147.58 acre tract of
land described in deed to Sharon McCutchin, Sole Trustee of the Tamara McCutchin Saxe
Exempt Trust and the McCutchin Non Exempt Trust, as recorded in Document Nos. 2009-95582
and 2013-9779 of the Official Records, Denton County, Texas and being more particularly
described as follows:
BEGINNING at a 1/2" capped rebar found, stamped “TNP”, in and near the center of Allred
Road, said point being in the east line of a called 34.937 acre tract of land described in deed to
Angela Dominguez and Michael John Barber, as recorded in Volume 4357, Page 240, Real
Property Records, Denton County, Texas, being the northwest corner of said 147.58 acre tract,
and being the southeast corner of a called 22.32 acre tract of land described as Second Tract in
deed to Annie Laura Flowers, recorded in Volume 295, Page 617, Real Property Records,
Denton County, Texas, from which a 1/2” rebar found being the northwest corner thereof, being
in the south line of a called 917.60 acre tract of land described as Tract II in deed to Petrus
Investment L.P., recorded in Volume 4246, Page 574, Real Property Records, Denton County,
Texas, and being the northeast corner of said 34.937 acre tract;
THENCE N 89°59’20” E, with the south line of said 22.32 acre tract, and the north line of said
147.58 acre tract, a distance of 3509.66 feet to its intersection with the current City of Denton,
City Limit line, being 500.00 feet west of and perpendicular to the centerline of U.S. Highway
377;
THENCE S 27°30’18” W, with the current City of Denton, City Limit Line, being 500.00 feet
west of and parallel to the centerline of U.S. 377, a distance of 2123.14 feet to its intersection
with the south line of said 147.58 acre tract, being the north line of a called 93.95 acre tract of
land described in deed to Angela Dominguez and Michael Barber, recorded in Document No.
2004-11388, Official Records, Denton County, Texas;
THENCE S 88°46’25” W, with the south line of said 147.58 acre tract, and passing the
northeast corner of, a called 13.64 acre tract of land described in deed to Angela Dominguez and
Michael Barber recorded in Document No. 2003-208519 Official Records, Denton County,
Texas, and continuing along said course a total distance of 2523.33 feet, to the southwest corner
of said 147.58 acre tract;
THENCE N 00°11’20” W, with the west line of said 147.58 acre tract, a distance of 1936.50
feet to the POINT OF BEGINNING and containing approximately 131.935 acres of land.
Exhibit B
S:\Legal\Our Documents\Ordinances\20\A20-000 1-Sagebrook Municipal Service Agreement Ordinance.Docx
ORDINANCE NO . A20-000ld
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A MUNICIPAL
SERVICES AGREEMENT, PURSUANT TO TEX. LOC. GOV. CODE SEC. 43.0672,
BETWEEN THE CITY AND SHARON LOSAK MCCUTCHIN, IN HER CAPACITY AS
TRUSTEE OF THE (I) TAMARA MCCUTCHIN SAXE TRUST AND (II) MCCUTCHIN
MARITAL NON EXEMPT TRUST, FOR THE PROVISION OF CITY SERVICES TO
APPROXIMATELY 131.94 ACRES OF LAND LOCATED GENERALLY SOUTH OF
ALLRED ROAD AND WEST OF FORT WORTH DRIVE; APPROVING A SCHEDULE OF
ANNEXATION ATTACHED AS EXHIBIT C; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. (A20-0001 -
Sagebrook)
WHEREAS, Doug Powell ofMcAdams, on behalf of the property owner, Sharon Losak
McCutchin, in her capacity as Trustee of the (i) Tamara McCutchin Saxe Trust and and (ii)
McCutchin Marital Non Exempt Trust, ("Owner") submitted a petition for voluntary annexation
ofapproximately 131 .94 acres ofland in Denton County, Texas as described in Exhibit A attached
hereto and incorporated herein ("Property"); and
WHEREAS , the City must first negotiate a written services agreement with the owner of
the real property subject to a petition for voluntary annexation, pursuant to Tex . Loc. Govt. Code
Sec. 43.0672, that contains (1) the services that the City will provide on the effective date ofthe
annexation and (2) a schedule that includes the period within which the City will provide each
service that is not provided on the effective date ofthe annexation; and
WHEREAS , the City and Owner have come to an agreement about the provision of full
services to the Property following the annexation ofthe Property ; and
WHEREAS , the City Council ofthe City ofDenton finds it to be in the best interest ofthe
citizens of Denton to enter into a municipal services agreement with the Owner; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS :
SECTION 1. The findings and recitations contained in the preamble ofthis Ordinance are
incorporated herein by reference .
SECTION 2. The municipal services agreement, made in accordance with applicable
provisions ofstate law pertaining to annexation, is approved and attached hereto as Exhibit B and
is made a part hereoffor all intents and purposes.
SECTION 3. The City Manager, or designee, is hereby authorized to execute the Agreement
and to carry out the duties and responsibilities ofthe City under the Agreement.
SECTION 4. The schedule of annexation attached hereto as Exhibit C is approved and
adopted for this annexation .
S:\Legal\Our Documents\Ordinances\20\A20-000 1-Sagebrook Municipal Service Agreement Ordinance.Docx
SECTION 5. Should any paragraph, section, sentence, phrase, clause or word of this
Ordinance be declared unconstitutional or inval id for any reason, the remainder of this Ordinance
shall be affected thereby.
SECTION 6. This Ordinance shall be effective immediately upon its passage and approval.
The motion to approve this ordinance was made by /(tfE""L-V 0 £JGt£r S and
seconded by VI2Ht1 £yt!I-N , the ordinance was passed and approved by
the following vote [2._-1J:
Mayor Chris Watts:
Gerard Hudspeth, District 1 :
Keely G. Briggs, District 2:
Jesse Davis, District 3:
John Ryan, District 4:
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6:
Aye
I
Nay Abstain
P AS SED AND APPROVED this, the .li!ifJ day of /t~rKIZ(J , 2020.
c~ld;r
ATTEST:
ROSA RIOS, CITY SECRETARY
BY:_~
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
Page 2 of2
Absent
Exhibit A
Location Map
MUNI CIPAL SERVICES AGREEMENT
This Municipal Service Agreement ("Agreement") is entered into this J~lft day of
February, 2020, by and between and the City ofDenton, a Texas home-rule municipality ("City"),
and Sharon McCutchin in her capacity as (i) Trustee for the Tamara McCutchin Saxe Exempt
Trust, and (ii) Trustee for the McCutchin Marita l Non-Exempt Trust ("Owner").
RECITALS:
WHEREAS, the City is currently classified as a Tier 2 municipality for purposes of
annexation under the Texas Local Government Code ("TLGC");
WHEREAS, Section 43.0671 ofthe TLGC pennits the City to annex an area if each
owner ofland in an area requests the annexation;
WHEREAS, where the City elects to annex such an area, the City is required to enter
into a written agreement with the property owner(s) that sets forth the City services to be
provided for the Property on or after the effective date ofannexation;
WHEREAS, the Owner owns one (I) tract of land, totaling approximately 146 acres of
land, approximately 131.94 acres in the City's extraterritorial jurisdiction, as described in Exhibit
A and depicted in Exhibit B, incorporated herein by reference ("the Property"); and
WHEREAS, the Owner has filed a written petition with the City for voluntary annexation
ofthe Property, identified as Annexation Case No. A20-0001 ("Annexation Case"); and
WHEREAS, the City and Owner desire to set out the City services to be provided for the
Property on or after the effective date ofannexation · and
WHEREAS, the Annexation Case and execution ofthis Agreement are subject to approval
by the Denton City Council.
NOW THEREFORE, in consideration ofthe mutual covenants, conditions, and promises
contained herein , City and Owner agree as follows:
1. PROPERTY. This Agreement is only applicable to the Property, which is the subject of the
Annexation Case.
2. INTENT. It is the intent of the City that this Agreement provide for the delivery offull,
available municipal services to the Property in accordance with state law, which may be
accomplished through any means permitted by law.
3. MUNICIPAL SERVICES
Commencing on the effective date ofannexation , City will provide the municipal services
set forth below. As used in this Agreement, "providing services" includes having services
provided by any method or means by which the City may extend municipal services to
any other area of the City, including City's infrastructure extension policies and developer
or property owner participation in accordance with applicable city ordinances, rules,
regulations, and policies.
A. Police
Police protection from City's Police Department shalt be provided to the area annexed at a
level consistent with current methods and procedures presently provided to similar areas
on the effective date ofthe ordinance. Some of these services include:
1. Normal patrols and responses;
2. Handling ofcomplaints and incident reports;
3. Special units, such as traffic enforcement, investigations and special
weapons; and
4. Coordination with other public safety support agencies.
As development commences in these areas, sufficient police protection, including
personnel and equipment will be provided to furnish these areas with the level of police
services consistent with the characteristics of topography, land utilization and population
density ofthe areas.
Upon ultimate develop ment police protection will be provided at a level consistent with
other similarly situated areas within the city limits.
B. Fire Protection
The Denton Fire Department (DFD), specifically Station 7, will provide emergency and
fire prevention services to the annexation area. These services include:
1. Fire suppression and rescue;
2. Pre-hospital medical services including triage, treatment and transport by
Advanced Life Support (ALS) fire engines, trucks and ambulances;
3 . Hazardous materials response and mitigation;
4. Emergency prevention and public education efforts;
5. Technical rescue response; and
6. Construction Plan Review and required inspections.
Fire protection from the City of Denton shall be provided to the areas annexed at a level
consistent with current methods and procedures presently provided to similar areas of the
City of Denton on the effective date ofthe ordinance.
As development commences in these areas, sufficient fire protection, including personnel
and equipment will be provided to furnish these areas with the level of services consistent
with the characteristics oftopography, land utilization and population density ofthe areas.
2
It is anticipated that fire stations planned to serve areas currently within the City of Denton
will be sufficient to serve areas now being considered for annexation.
Upon ultimate development, fire protection will be provided at a level consistent with other
similarly situated areas within the city limits.
C. Emergency Medieal Service
The Denton Fire Department (DFD) will provide the following emergency and safety
services to the annexation area. These services include:
I. Emergency medical dispatch and pre-arrival First Aid instructions;
2 . Pre-hospital emergency Advanced Life Support (ALS) response; and
transport;
3. Medical rescue services.
Emergency Medical Services (EMS) from the City ofDenton shall be provided to the areas
annexed at a level consistent with current methods and procedures presently provided to
similar areas ofthe City of Denton on the effective date of the ordinance.
As development commences in these areas, sufficient EMS, including personnel and
equipment will be provided to furnish these areas with the level of services consistent with
the characteristics oftopography, land utilization and population density ofthe areas.
Upon ultimate development, EMS will be provided at a level consistent with other similarly
situated areas within the city limits.
D. Solid Waste
Solid Waste and Recycling Co11ection Services will be provided to the newly annexed
property immediately upon the effective date of the annexation at a level consistent with
current methods and procedures presently provided to similar areas within the city. Private
solid waste collection service providers operating in the affected area immed iately prior to
annexation and currently providing customers with service, may continue to provide their
existing service for up to 2 years in accordance with Texas Local Government Code.
E. Wastewater Facilities
The proposed annexation area is located within the City ofDenton Sewer Service Area as
defined by Certificate of Convenience and Necessity (CCN) Number 20072 as issued by
the Texas Commission on Environmental Quality (TCEQ).
As development commences in these areas, sanitary sewer mains will be extended in
accordance with the provisions ofthe Denton Development Code, Water/Wastewater Criteria
Manual, ordinances and regulations. City participation in the costs ofthese extensions shall
be in accordance with applicable City ordinances and regulations. Capacity shall be
provided consistent with the characteristics oftopography,land utilization, and population
density ofthe areas.
3
Sanitary sewer mains and lift stations installed or improved to City standards within the
annexed areas which are located within dedicated easement, rights-of-way, or any other
acceptable location approved by the City Engineer, shall be maintained by the City on the
effective date of this ordinance.
Operation and maintenance ofwastewater facilities in the annexed areas that are within the
service area ofanother water utility will be the responsibility of that utility.
F. Water Facilities
The annexation area is located within the City ofDenton Water Service Area as defined by
Certificate of Convenience and Necessity (CCN) Number 10195 as issued by the Texas
Commission on Environmental Quality (TCEQ).
Connections to existing City of Denton water distribution mains for water service will be
provided in accordance with the Denton Development Code, assoc iated Water/Waste
Water Criteria Manual , and with existing City ordinances and policies. Upon connection
to existing distribution mains, water service will be provided at rates established by city
ordinance.
As new development occurs with in these areas, water distribution mains will be extended,
and cost participation shall be in accordance with the Denton Development Code,
Water/Wastewater Criteria Manual, ordinances and utility service policies. Water service
capacity shall be provided consistent with the characteristics of topography , land use and
population density ofthe area.
Operation and maintenance ofwater facilities in the annexed area that are within the service
area ofanother water utility will be the responsibility ofthat utility.
Existing developments, businesses or homes that are on individual water wells or private
water systems will be allowed to continue to remain on these systems until a request for
water service is made to the City. These requests for service will be handled in accordance
with the applicable utility service line extension and connection policies currently in place
at the time the request for service is received.
G. Roads and Streets
Emergency street maintenance shall be provided within the annexation area on the effective
date of the applicable ordinance of acceptance. Routine maintenance will be provided
within the annexation areas and will be scheduled as part ofthe City's annual program and
in accordance with the current policies and procedures defined by the ordinance and/or as
established by the City Council.
Any construction or reconstruction will be considered within the annexation area on a
Citywide basis and within the context ofthe City's Capital Improvement Plan and/oryearly
fiscal budgetary allotments by the City Council.
4
Roadway signage and associated posts will be replaced in priority of importance starting
with regulatory signs, then warning signs, then informational signs and in conformance
with fiscal allotments by the City Council. Ifa sign remains, it will be reviewed and placed
on the City's inventory listing for routine replacement. All exiting signs will be reviewed
for applicability and based upon an engineering study. New signs will be installed when
necessary and based upon an engineering study.
Routine maintenance of road/street markings will be placed on a priority listing and
scheduled within the yearly budgetary allotments by the City Council.
H. Parks, Playgrounds, Swimming Pools
Residents within the area annexed may utilize all existing park and recreation facilities, on
the effective date ofthis ordinance. Fees for such usage shall be in accordance with current
fees established by ordinance.
As development commences in this area. additional park and recreation facilities shall be
constructed based on park policies defined in the Park Master Plan and other existing City
ordinances and policies. The general planned locations and classifications of City parks
will ultimately serve residents from the current City limits and residents from areas being
considered for annexation.
I. Publicly Owned Facilities
Any publicly owned facility, building, or service located within the annexed area, and not
otherwise owned or maintained by another governmental entity, shall be maintained by the
City ofDenton on the effective date of the annexation ordinance.
J. Permitting and Inspections
Permitting and Inspections shall be through the City of Denton as outlined in the Code of
Ordinances.
K. Other Services
Other services that may be provided by the City of Denton, such as municipal and general
administration wi ll be made available on the effective date of the annexation. The City of
Denton shall provide level ofserv ices, infrastructure, and infrastructure maintenance that
is comparable to the level of services, infrastructure and infrastructure maintenance
available in other parts of the City of Denton with topography, land use, and population
density similar to those reasonably contemplated or projected in the area.
4. AUTHORITY
City and Owner represent that they have full power, authority and legal right to execute,
deliver and perform their obligations pursuant to this Agreem ent Owner acknowledges
that approval of the Annexation Case is within the sole jurisdiction of the City Council.
Nothing in this Agreement guarantees favorable decisions by the City Council.
5. UNIFORM LEVEL OF SERVICES IS NOT REQUIRED
Nothing in this Agreement shall require City to provide a unifonn level of fulJ municipal
services to each area of the City , including the annexed area, ifdifferent characteristics of
5
topography, land use, and population density are considered a sufficient basis for providing
different levels of service.
6. EFFECTIVE DATE; TERM
The effective date of this Agreement is the date of the annexation of the Property. This
Agreement shall be valid for a term often (10) years from the Effective Date .
7. VENUE AND GOVERNlNG LAW
Venue shall be in the state courts located in Denton County, Texas or the United States
District Court for the Northern District ofTexas. This Agreement shall be governed and
construed in accordance with the laws and court decisions ofthe State of Texas .
8. GOVERNMENTAL POWERS. It is und erstood that by execution of this Agreement,
City does not waive or surrender any of its governmental powers or immunities.
9. SEVERABILITY
In case any one or more ofthe provisions contained in this Agree ment shall for any reason
be held to be invalid, illegal, or unenforceable in any respect , such invalidity , illegality, or
unenforceability shall not affect any other provision thereof and this Agreement shall be
considered as if such invalid, illegal, or unenforceable provision had never been contained
in this Agreement.
10. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
deemed an original and constitute one and the same instrument.
11 . CAPTIONS
The captions to the various clauses of this Agreement are for informational purposes only
and shall not alter the substance of the terms and conditions ofthis Agreement.
12. SUCCESSORS AND ASSIGNS
The terms and conditions ofthis Agreement are binding upon the successors and assigns
of the Parties to this Agreement and stand as obligations running with the land until
satisfied in full , regardl ess of whether the Subject Property is developed as the
Development, or as any other alternative use.
13. ENTIRE AGREEMENT; AMENDMENT.
This Agreement constitutes the complete agreement ofthe parties to this Agreement and
supersedes all prior written agreements between the parties. This Agreement shall not be
amended unless executed in writing by both parties. The Parties stipulate that this
Agreement does not constitute a permit for development under Chapter 245 of the Texas
Local Government Code.
6
The parties have executed this Agreement on the date first above written.
CITY OF DENTON, TEXAS
By:~----------~--r---~~-
City Manager, Deputy
Representative
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
APPROVED AS TO LEGAL FORM:
7
Exhibit A Location Map
8
Exhibit B
LEGAL DESC RIPTION
131.935 Acres
BEING all that certain lot, tract or parcel ofland situated in the B.B.B. & C.R.R Company
Survey , Abstract No. 160, Denton County, Texas and being part ofa called 147.58 acre tract of
land described in deed to Sharon McCutchin, Sole Trustee ofthe Tamara McCutchin Saxe
Exempt Trust and the McCutchin Non Exempt Trust. as recorded in Document Nos. 2009-95582
and 2013-9779 ofthe Official Records, Denton County, Texas and being more particularly
described as follows:
BEGINNING at a 112" capped rebar found, stamped "TNP", in and near the center ofAllred
Road, said point being in the east line ofa called 34.937 acre tract ofland described in deed to
Angela Dominguez and Michael John Barber, as recorded in Volume 4357, Page 240, Real
Property Records, Denton County, Texas, being the northwest comer ofsaid 147.58 acre tract,
and being the southeast comer ofa called 22.32 acre tract ofland described as Second Tract in
deed to Annie Laura Flowers, recorded in Volume 295, Page 617, Real Property Records,
Denton County, Texas, from which a 1/2" rebar found being the northwest comer thereof, being
in the south line ofa called 917.60 acre tract ofland described as Tract II in deed to Petrus
Investment L.P., recorded in Volume 4246, Page 574, Real Property Records, Denton County,
Texas, and being the northeast comer ofsaid 34.937 acre tract;
THENCE N 89°59'20" E, with the south line ofsaid 22.32 acre tract, and the north line ofsaid
147.58 acre tract, a distance of3509.66 feet to its intersection with the current City ofDenton,
City Limit line, being 500.00 feet west ofand perpendicular to the centerline ofU.S. Highway
377;
THENCE S 27°30 ' 18" W, with the current City ofDenton, City Limit Line, being 500.00 feet
west ofand parallel to the centerline ofU.S. 377, a distance of2123.14 feet to its intersection
with the south line ofsaid 147.58 acre tract, being the north line ofa called 93.95 acre tract of
land described in deed to Angela Dominguez and Michael Barber, recorded in Document No.
2004-11388, Official Records , Denton County , Texas;
THENCE S 88°46'25" W, with the south line ofsaid 147.58 acre tract, and passing the
northeast comer of, a called 13.64 acre tract ofland described in deed to Angela Dominguez and
Michael Barber recorded in Document No. 2003-208519 Official Records, Denton County,
Texas. and continuing along said course a total distance of2523.33 feet, to the southwest corner
ofsaid 147.58 acre tract;
THENCE N 00° 11'20" W, with the west line ofsaid 147.58 acre tract, a distance of 1936.50
feet to the POINT OF BEGINNING and containing approximately 131.935 acres of land.
9
EXHIBITC
ANNEXATION SCHEDULE FOR SAGEBROOK
Upcoming city council meetings are:
February 2020 2/4 (Regular), 2/11 (2nd Tuesday), 2/18 9(Regular), 2/25 (4th Tuesday)
March 2020 3/3 (Regular), 3117 (Regular), March 24 (4th Tuesday)
April2020 4/7 (Regular), 4/14 (2nd Tuesday), 4/21 (Regular), 4/28 (4th Tuesday)
Upcoming P&Z meetings are:
February 2020 2/5 and 2/19
March 2020 3/4 and 3/18
April 2020 4/8 and 4/22
02114/2020 Deadline to post City Council Agenda for Regular Meeting regarding Public Hearing.
02/18/2020 Annexation Service Agreement (Required prior to annexation per 43. 0672),
Annexation Public Hearing (Only one public hearing is required per 43.0673),
AND
First Reading ofannexation ordinance (per City Charter)
02/2112020 Publish Ordinance in the paper. (Charter Sec. 1.03; cannot be acted on for 30 days).
03/24/2020 CC by 4/5ths vote takes final action ( 41h Tuesday meeting)
Second Reading ofannexation ordinance. (IC item)
Adoption of annexation ordinance (30 days+ post publication per Charter Sec. 1. 03)
Post-Annexation Adoption Procedures:
1. Notification to Comptroller
2. File certified copy ofordinances with the Denton County Clerk
3. File certified copy ofordinances with the Denton CAD
4. Pre-clearance (Letter to DOJ)
5. Revise City Map
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 20-788,Version:1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton,a Texas home-rule municipal corporation,amending
Ordinance No.20-740 regarding the first amendment to the declaration of emergency;amending the Order of
Council of the City of Denton issued March 17,2020 approved by Ordinance No.20-721;authorizing the
expenditure of funds; and providing an effective date.
City of Denton Printed on 3/27/2020Page 1 of 1
powered by Legistar™
City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: City Manager’s Office
CM/ DCM/ ACM: Todd Hileman
DATE: March 31, 2020
SUBJECT
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal
corporation, amending Ordinance No. 20-740 regarding the first amendment to the declaration of
emergency; amending the Order of Council of the City of Denton issued March 17, 2020 approved by
Ordinance No. 20-721; authorizing the expenditure of funds; and providing an effective date.
BACKGROUND
Beginning in December 2019, a novel coronavirus, now designated SARS-CoV2 which causes the disease
COVID-19, has spread throughout the world and has now been declared a global pandemic by the World
Health Organization. Likewise, both the President of the United States and the Governor of Texas have
declared states of emergency regarding the disease. Symptoms of COVID-19 include fever, coughing, and
shortness of breath, and in some cases the virus has caused death.
First Declaration and Order
On March 13, the Mayor determined that extraordinary measures must be taken by temporarily limiting
the number of persons allowed to convene in a single location; temporarily closing City buildings,
facilities, and certain uses thereof; temporarily postponing all non-essential municipal court proceedings;
providing resources to prevent eviction due to COVID-19 impact; and suspending all City utility shut-offs
to residential customers. On March 13, 2020, the Mayor executed a “Declaration of Local Disaster for
Public Health Emergency” and an “Order of the Mayor of the City of Denton” pursuant to the
Declaration.
On March 17, 2020, the City Council extended the Mayoral Declaration with Ordinance 20-721. This
extension increased the term of the declaration through April 30, unless otherwise modified by Council.
On March 20, 2020, City Council further amended Ordinance 20-721 by Ordinance 20-740. Under that
amended ordinance:
•Community gatherings of 50 persons or more are prohibited within the City of Denton.
•Social gatherings of more than 10 persons are prohibited within the City of Denton beginning at
12:01 a.m. on March 21, 2020 and continuing through the duration of Gov. Abbott’s Executive
Order GA 08, signed March 19.
•High-risk individuals, as defined by the Centers for Disease Control and Prevention (CDC), are
urged to cancel, reschedule, or not attend any gatherings during this time.
•All non-essential City of Denton Municipal Court proceedings are postponed until after April 30,
2020.
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
• Restaurants, microbreweries, micro-distilleries, and wineries within the City may only provide
take out, delivery, or drive-through services.
• All City of Denton utility non-payment shut-offs are suspended through April 30, 2020.
• Up to $500,000 of funding is authorized to be spent for COVID-19 response activities.
• Up to $50,000 of funding is authorized to be provided to the United Way of Denton County to
assist individuals and families living in the City of Denton, who have experienced income or job
loss directly resulting from COVID-19, in eviction avoidance.
Second Declaration and Order
On March 24, 2020, the City of Denton and Denton County issued a new declaration of disaster and order
and executive order, respectively, to establish “Stay at Home” mandates for both jurisdictions.
The second Mayoral declaration and order, issued by Mayor Watts, became effective at 11:59 p.m. on
Wednesday, March 25 continuing through 11:59 p.m. on Wednesday, April 1, 2020, unless continued or
renewed by the Denton City Council.
The order mandate that, except for essential activities and the operations of essential businesses, residents
must stay at their place of residence to slow the spread of COVID-19. Additional detail is provided in the
City of Denton order (attached).
OPTIONS
N/A
RECOMMENDATION
N/A
ESTIMATED SCHEDULE OF PROJECT
N/A
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
March 24 – Second Mayoral declaration of local disaster and order
March 20 – Adoption of Ordinance 20-420 amending Ordinance 20-721
March 17 – Adoption of Ordinance 20-721 extending and modifying Mayoral Declaration
March 13 – Mayoral declaration of local disaster and order
FISCAL INFORMATION
N/A
BID INFORMATION
N/A
EXHIBITS
Exhibit 1 – Agenda Information Sheet
Exhibit 2 – Presentation
Exhibit 3 – Declaration and Order (Draft)
Exhibit 4 – March 13 Mayoral Declaration of Local Disaster
Exhibit 5 – March 13 Order of the Mayor of the City of Denton
Exhibit 6 – March 17 Ordinance and Order 20-721
Exhibit 7 – March 20 Ordinance and Order 20-740
Exhibit 8 – March 24 Second Mayoral Declaration of Local Disaster and Order
Respectfully submitted:
Sarah Kuechler
Chief of Staff
Prepared by:
Ryan Adams
Deputy Director of Public Affairs/IGR
1
Stay at Home Order
March 31, 2020
2
Second Mayoral Declaration of Local
Disaster for Public Heath Emergency
•Issued on March 24, 2020
•Effective for seven days beginning at 11:59 p.m. on March 25, 2020
•ORDER:
•All individuals currently living within the city of Denton are ordered to STAY AT HOME or
current place of residence.
•All businesses operating within the city of Denton, except essential businesses, are required
to cease all activities at facilities located within the city of Denton.
•All public and private gatherings of any number of people occurring outside a single
household or living unit are prohibited.
•Restaurants, beverage bars, microbreweries, micro-distilleries, or wineries may only provide
take out, delivery, or drive-through services.
3
Second Mayoral Declaration of Local
Disaster for Public Heath Emergency
•ORDER CONTINUED:
•Religious and worship services may only be provided by video and teleconference.
•All elective medical, surgical, and dental procedures are prohibited.
•Due to increased demand for bath or toilet tissue, retail suppliers shall use common sense
rationing of household products and groceries that are in limited supply.
•If someone in a household has tested positive for COVID-19, the household is ordered to
isolate at home.
•Nursing homes, retirement, and long-term care facilities are instructed to prohibit
non-essential visitors from accessing their facilities unless to provide critical assistance or
for end-of-life visitation.
•Authorizes the use of all lawfully available enforcement tools found in Denton City Code,
Chapter 9 (Emergency Management), state or federal laws.
4
Second Mayoral Declaration of Local
Disaster for Public Heath Emergency
•ESSENTIAL BUSINESSES:
•Essential Healthcare Operations (Healthcare facilities, Pharmacies, Veterinary Services)
•Essential Government Functions
•Essential Critical Infrastructure (Public Works, Banks & Financial Institutions, Public Transportation)
•Essential Retail (Grocery & Warehouse Stores, Gas Stations, Restaurants, Package Delivery)
•Providers of Basic Necessities to Economically Disadvantaged Populations
•Essential Services Necessary to Maintain Essential Operations of Residences or Other Essential
Businesses
•News Media
•Childcare Services
5
Second Mayoral Declaration of Local
Disaster for Public Heath Emergency
•ESSENTIAL ACTIVITIES:
•Engage in activities or perform tasks essential to their health and safety, or to the health and safety of
their family members including pets and livestock.
•Obtain necessary food, beverage, services, or supplies for themselves and their family or household
members, or to deliver those services or supplies to others.
•Engage in outdoor activity, provided the individuals comply with social distancing requirements.
•Use of public playgrounds prohibited
•Perform work providing essential products and services at an Essential Business.
•Care for a family member or pet in another household.
6
County Action
•Recent County Action to be presented at meeting.
7
Discussion/Consideration
•Consider amending Ordinance 20-740 (adopted on March 20)
Page 1 of 6
ORDER OF THE COUNCIL
OF THE CITY OF DENTON
DATE ISSUED: MARCH 31, 2020
Summary: The virus that causes 2019 Coronavirus Disease (COVID-19) is easily transmitted
through person to person contact, especially in group settings, and it is essential that the spread of
the virus be slowed to protect the ability of public and private health care providers to handle the
influx of new patients and safeguard public health and safety. As the number of positive cases of
COVID-19 continue to increase in the City of Denton, there is an immediate need to undertake the
following measures described in this Order. This Order supersedes and replaces the Order of the
City Council adopted on Friday, March 20, 2020 (Ordinance No. 20-740) and the Order of the
Mayor issued March 24, 2020.
PURUSANT TO THE MAYORAL DECLARATION OF MARCH 24, 2020 AS
EXTENDED BY COUNCIL AND THE AUTHORITY IN SECTION 9-22 OF THE
DENTON CODE OF ORDINANCES AND SECTION 416.108 OF THE TEXAS
GOVERNMENT CODE, THE COUNCIL OF THE CITY OF DENTON HEREBY
ORDERS:
1. This Order pertaining to a Second Declaration of Local Disaster for Public Health
Emergency, originally enacted by the Mayor on March 24, 2020 and extended by Council pursuant
to ordinance, supersedes and replaces the prior Orders of the Mayor and of Council. The Order
shall take effect at 11:59 p.m. on Tuesday, March 31, 2020 and continue through 11:59 p.m. on
April 30, 2020.
2. Effective as of 11:59 p.m. on March 31, 2020:
a. All individuals currently living within the City of Denton are ordered to STAY AT
HOME or their current place of residence. For the purposes of this Order,
residences include hotels, motels, shared rentals, and similar facilities. To the extent
individuals are using shared or outdoor spaces, they must at all times as reasonably
as possible maintain social distancing of at least six feet from any other person
when they are outside their residence. All persons may leave their residences only
for Essential Activities, travel to businesses outside of the City of Denton, provide
or perform Essential Governmental Functions, or to operate Essential Businesses,
all as defined in Section 3.
b. All businesses operating within the City of Denton, except Essential Businesses as
defined below in Section 3, are required to cease all activities at facilities located
within the City of Denton. For clarity, businesses may continue operations
consisting exclusively of employees or contractors performing activities at their
residences (i.e. working from home). To the greatest extent possible, all Essential
Businesses shall comply with the Social Distancing Guidelines promulgated by the
United States Centers for Disease Control and Prevention (CDC), including
maintaining six-foot social distancing for both employees and the general public.
Page 2 of 6
c. All public or private gatherings of any number of people occurring outside a single
household or living unit are prohibited, except as otherwise provided herein.
Nothing in this Order prohibits the gathering of members of a household or living
unit (an apartment or house for use by one family).
d. Restaurants and beverage bars with or without drive-in or drive-through services
and microbreweries, micro-distilleries, or wineries may only provide take out,
delivery, or drive-through services as allowed by law.
e. Religious and worship services may only be provided by video and teleconference.
All individuals preparing for or conducting video or teleconference services must
follow the Social Distancing Guidelines including the six-foot social distancing.
f. All elective medical, surgical, and dental procedures are prohibited anywhere in the
City of Denton. Hospitals, ambulatory surgery centers, dental offices, and other
medical facilities are directed to identify procedures that are deemed "elective" by
assessing which procedures can be postponed or canceled based on patient risk
considering the emergency need for the redirection of resources to COVID-19
response.
3. Definitions:
a. For purposes of this Order, “Essential Business” means:
i. Essential Healthcare Operations. Healthcare operations, including hospitals,
clinics, dentists, pharmacies, pharmaceutical and biotechnology companies, other
healthcare facilities, healthcare suppliers, mental health providers, substance abuse
service providers, blood banks, medical research, laboratory services, or any related
and/or ancillary healthcare services. Home-based and residential-based care for
seniors, adults, or children are also considered healthcare operations. Healthcare
operations also includes veterinary care and all health and welfare services provided
to animals. This exemption shall be viewed broadly to avoid any impacts to the
delivery of healthcare. Healthcare operations do not include fitness and exercise
gyms and similar facilities. Healthcare operations do not include elective medical,
surgical, and dental procedures, pursuant to Section 2(f) of this Order.
ii. Essential Government Functions. All services provided by local governments
needed to ensure the continuing operation of the government agencies to provide
for the health, safety, and welfare of the public. Further, nothing in this order shall
prohibit any individual from performing or accessing “Essential Government
Functions.” All Essential Government Functions shall be performed in compliance
with social distancing requirements of six feet, to the extent possible. State or
Page 3 of 6
Federal government agencies shall follow State or Federal guidance to the extent
possible.
iii. Essential Critical Infrastructure. Work necessary to the operations and
maintenance of the critical infrastructure sectors, including public works
construction, residential and commercial construction, airport operations, water,
sewer, gas, electrical, oil refining, roads and highways, public transportation, solid
waste collection and removal, internet and telecommunications systems (including
the provision of essential global, national, and local infrastructure for computing
services, business infrastructure, communications, and web-based services), banks,
financial institutions, pawn shops, safety and security related services, retail firearm
sales, defense and national security-related operations, essential manufacturing
operations provided that they carry out those services or that work in compliance
with social distancing requirements of six feet, to the extent possible. Essential
Businesses providing essential infrastructure should implement screening
precautions to protect employees, and all activity should be performed in
compliance with social distancing guidelines as set forth by the CDC.
iv. Essential Retail. Food service and household providers, including grocery stores,
warehouse stores, big-box stores, bodegas, liquor stores, gas stations and
convenience stores, and farmers’ markets. Food cultivation, including farming,
hunting, fishing, and livestock, to the extent allowed by law. Businesses that ship
or deliver groceries, food, goods, or services directly to residences. Restaurants and
other facilities that prepare and serve food, but only for drive through, delivery, or
carry out. Schools and other entities that typically provide free services to students
or members of the public on a pick-up and take-away basis only. The restriction of
delivery or carry out does not apply to cafes and restaurants located within hospital
and medical facilities. Laundromats, dry cleaners, and laundry service providers.
Gas stations, auto-supply, auto and bicycle repair, hardware stores, construction
supply stores, and related facilities. Businesses that supply products needed for
people to work from home.
v. Providers of Basic Necessities to Economically Disadvantaged Populations.
Businesses, including but not limited to non-profit organizations, that provide food,
shelter, social services and support for said services, and other necessities of life
for economically disadvantaged or otherwise needy individuals.
vi. Essential Services Necessary to Maintain Essential Operations of Residences
or Other Essential Businesses. Trash and recycling collection, processing and
disposal, mail and shipping services, building cleaning, maintenance, and security,
warehouse/distribution and fulfillment, storage for essential businesses, funeral
homes, crematoriums and cemeteries. Plumbers, electricians, exterminators, and
Page 4 of 6
other service providers who provide services that are necessary to maintain the
safety, sanitation, and essential operations of residences and Essential Businesses.
Professional services, such as legal, accounting services, property management,
and real-estate services, RV sales and services for housing when required to assist
in compliance with legally mandated activities. Businesses that supply products
needed for people to work from home.
vii. News Media. Newspapers, television, radio, and other media services.
viii. Childcare Services. Childcare facilities providing services that enable employees
exempted in this order to work as permitted.
b. For purposes of this Order, “Essential Activities” is defined as the following:
i. To engage in activities or perform tasks essential to their health and safety, or to
the health and safety of their family or household members including pets and
livestock (for example, obtaining medical supplies or medication, visiting a health
care professional, or obtaining supplies need to work from home); and
ii. To obtain necessary food, beverage, services, or supplies for themselves and their
family or household members, or to deliver those services or supplies to others (for
example, food, pet supply, and any other household consumer products, and
products necessary to maintain the safety, sanitation, and essential operation of
residences.
iii. To engage in outdoor activity, provided the individuals comply with social
distancing requirements of six feet (for example, walking, biking, hiking, or
running). Use of public playground equipment is prohibited.
iv. To perform work providing essential products and services at an Essential
Business or to otherwise carry out activities specifically permitted in this Order.
v. To care for a family member or pet in another household.
4. Due to increased demand for bath or toilet tissue resulting from stock up buying and
individuals who purchase for resale, retail suppliers shall use common sense rationing of
household products and groceries that are in limited supply.
5. If someone in a household has tested positive for COVID-19, the household is ordered to
isolate at home. Members of the household cannot go to work, school, or any other community
function until cleared by a medical professional.
6. Nursing homes, retirement, and long-term care facilities are instructed to prohibit non-
essential visitors from accessing their facilities unless to provide critical assistance or for end-of-
life visitation.
Page 5 of 6
7. This Order hereby authorizes the use of all lawfully available enforcement tools found in
Denton City Code, Chapter 9 (Emergency Management), state or federal laws.
8. Pursuant to Section 9-22 of the Code of Ordinances, the following measures are also hereby
ordered continued as set forth herein:
a. All City Committee, Commission, and Board meetings are suspended through the
term of this order, with the exception of the Planning and Zoning Commission,
which shall meet only to consider applications subject to state law-imposed
deadlines;
b. City Council meetings shall be rescheduled as posted and may be conducted in
accordance with alternate measures as permitted by law;
c. Only electronic purchasing submissions shall be accepted;
d. No development applications listed in Table 2.2-A in the Denton Development
Code shall be accepted for the term of this Order or any extension hereof;
e. The City Manager or his designee is authorized to make application for local, state,
and federal assistance as necessary and/or applicable;
f. The City Manager or his designee is authorized to accept on behalf of the City
services, gifts, grants, equipment, supplies, and/or materials whether from private,
nonprofit, or government sources;
g. The City Manager or his designee is authorized to terminate or suspend any event
that is or may negatively impact the health, safety, and welfare of persons within
the City;
h. The City Manager is authorized to approve individual purchases and sign contracts
up to $500,000.00 for general expenditures already budgeted or authorized by
Section 8(k) of this Order;
i. All City of Denton utility non-payment shut offs are suspended during the term of
this Order and no penalties under Ordinances 19-2140, 19-2136, 19-2137, 19-2138,
or 18-1494 shall accrue during the pendency of this order or any extension hereof;
and
j. The City Manager is given authority to expend up to $50,000.00 as funding to the
United Way of Denton County to assist individuals and families living in the City
of Denton, who have experienced income or job loss directly resulting from
COVID-19, in eviction avoidance;
k. The City Manager is authorized to expend no more than an additional Five Hundred
Fifty Thousand Dollars ($550,000.00) from the general fund reserve balance during
Page 6 of 6
this period to proceed with the necessary emergency responses and essential
functions not already budgeted.
9. Copies of this Order shall be promptly provided to the City Secretary for filing and posting
on the City’s website and in other conspicuous places.
IT IS SO ORDERED PURSUANT TO ORDINANCE NO. ___________
_________________________________
Mayor Chris Watts
City of Denton
ORDINA CE NO. 20-72]
AN ORD! ANC · OF THE CITY OF DENTON. A TEXAS HOME-RULE MUNICIPAL
CORPORATION. EXTENDING THE FFECTIVE PERIOD OF THE DECLARATION OF
EMERGENCY EXECUTED BY Tl IE MAYOR ON MARCH 13. 2020: TERMINATING AND
REPLACl G THE ORDER OF THE MAYOR DATED MARCH 13. 2020; AUTHORIZING
THE EXPENDIT R OF AMOUNT T TO EXCEED FIVE H R D FIFTY
THOUSAND DOLLARS ($550.000.00) DURING THIS PERIOD PURSUANT TO ODE OF
ORDINANC ES SECTION 9-23: AND PROVIDING AN EF CTIVE DATE.
WHEREAS. beginning in December 2019, a novel coronavirus, now designated SARS-
oV2 which causes the disease COVID-19, has spread throughout the world and has now been
declared a global pandemic by the World H alth Organization: and
WHEREAS. symptoms of COVID-19 include fever. coughing. and shortness of breath,
and in some cases the virus has cau ·cd death: and
WHEREAS. the known cases of COVID-19 diagnosed in the State of Texas is currently
increasing daily with 18 positive or presumed positive cas s across North Texa<; and several
persons under observation in Denton County following presumed exposure: and
WHEREAS. extraordinar measures must be taken to contain COVID-19 and prevent its
spread throughout the City of Denton and Denton County, including the limitation of community
gatherings of over I 00 people and potential ly requiring individuals, groups of individuals, or
property to be subject to additional measures that prevent or control the spread of disease; and
WHEREAS, the State Office of Court Administration, in consultation with the Supreme
Court, Court of Crimi nal Appeals. and Regional Judges, has provided guidance recommending
postponement of all non-essential court proceedings, minimizing staff, and taking all other
appropriate measures to prevent the spread of disease; and
WHEREAS, the Mayor of the City of Denton has determined that extraordinary measures
must be taken by temporarily limiting the number of persons allowed to convene in a single
location; temp rarily clo ing City buildings. facilities. and limiting certain uses thereof;
temporarily postponing all non-essential municipal court proceedings: providing resourc s to
prevent eviction due to COVID-19 impact: and temporarily suspending all City utility shut-offs to
residential customers: and
WHEREAS, on March 13. 2020. the Mayor executed a ··Declaration of Local Disaster for
Public Health Emergency:· a copy of which is attached hereto as Exhibit '·A;· and an ··Order of
the Mayor of the City of Denton" pursuant to the Declaration. a copy of which is attached hereto
as Exhibit ··s:·· and
WHEREAS. the City Council finds that it is in the best interest of the citizens of the City
of Denton to extend the effectiveness of the March 13, 2020 Declaration of Disaster until 11 :59
p.m. April 30, 2020, tenninate and replace the Order of the Mayor, as detailed herein. and authorize
the expenditure of no more than Five Hundred Fifty Thousand Dollars ($550,000.00) during this
period to proceed with the necessary emergency responses and essential functions not already
budgeted; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The facts, circumstances, and recitations contained in the preamble of this
Ordinance are found and declared to be true and correct, and are incorporated herein by reference
as if fully set out herein.
SECTION 2. Pursuant to Section 418.108, Texas Government Code, and Section 9-27,
City of Denton Code of Ordinances, the effective period of the attached Declaration of Disaster
executed by the Mayor on March 13, 2020 is extended until 11:59 p.m. on Thursday, April 30,
2020 in the interest of public health and safety in an attempt to prevent the spread ofCOVID-19,
unless further extended, revised, or terminated by law.
SECTION 3. The Order of the Mayor, executed by the Mayor pursuant to the Declaration
of Disaster on March 13, 2020, is hereby tenninated and replaced with the Order of Council
attached hereto as Exhibit "C."
SECTION 4. Pursuant to City of Denton Code of Ordinances Section 9-23, the City
Manager is hereby authorized to expend funds up to Five Hundred Fifty Thousand Dollars
($550,000.00) for necessary emergency response procurement and essential functions not already
budgeted. The City Manager shall keep a written account of all emergency procurements made during
this emergency and provide such accounting to City Council within three (3) months of the conclusion
of the emergency.
SECTION 5. The m~n to approve this Ordinance was made by ~ /2 · and
seconded by G a/If 2 ~ 19;:J ; the Ordinance was passed and ap roved by the following
voter a:.-.LJ
Aye Abstain Absent
Chris Watts, Mayor:
Gerard Hudspeth, District 1:
Keely G. Briggs, District 2: ✓
Jesse Davis, District 3:
John Ryan, District 4:
Deb Armintor, At Large Place 5: 7
Paul Meltzer, At Large Place 6:
ATTEST:
ROSA RIOS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY A TTO Y
EXHIBIT "A"
DECLARATION OF LOCAL DISASTER
FOR PUBLIC HEALTH EMERGENCY
WHEREAS, beginning in December 2019. a novel coronavirus. now designated SARS-CoV2
which causes the disease COVID-19, has spread throughout the world and has now been declared
a global pandemic by the World Health Organization: and
WHEREAS, symptoms of COVID-19 include fever, coughing, and shortness of breath, and in
some cases the virus has caused death; and
WHEREAS, the known cases of COVID-19 diagnosed in the State of Texas is currently increasing
daily with 13 positive or presumed positive cases across North Texas and several persons under
observation in Denton County following presumed exposure; and
WHEREAS, extraordinary measures must be taken to contain COVID-19 and prevent its spread
throughout the City of Denton and Denton County, including the limitation of community
gatherings of over two hundred fifty (250) people and potentially requiring individuals, groups of
individuals, or property to be subject to additional measures that prevent or control the spread of
disease; and
WHEREAS, the State Office of Court Administration, in consultation with the Supreme Court,
Court of Criminal Appeals, and Regional Presiding Judges has provided guidance recommending
postponement of all non-essential court proceedings. minimizing staff, and taking all other
appropriate measures to prevent the spread of disease;
OW, THEREFORE, BE IT PROCLAIMED BY THE MAYOR OF THE CITY OF DENTON:
I. That a local state of disaster for public health emergency is hereby declared for the City of
Denton, a Texas home-rule municipal corporation, pursuant to Section 418.108(a) of the Texas
Government Code and Section 9-21 of the City of Denton Code of Ordinances.
2. Pursuant to Texas Government Code Section 418 .108(b) and Section 9-27 of the City of
Denton Code of Ordinances. the state of disaster for public health emergency shall continue for a
period of not more than seven (7) days from the date of this declaration unless continued or
renewed by the Denton City Council.
3. Pursuant to Texas Government Code Section 418. l 08( c) and Section 9-25 of the City of
Denton Code of Ordinances, this declaration of a local state of disaster for public health emergency
shall be given prompt and general publicity and shall be filed promptly with the City Secretary.
4. Pursuant to Section 4 l 8.108(d) of the Texas Government Code, this declaration of a local
state of disaster activates the City of Denton emergency management plan and grants the Mayor
the powers set forth in Section 9-22 of the City of Denton Code of Ordinances; including the power
to temporarily close City buildings, facilities, and ce11ain uses thereof; to temporarily postpone all
Page 1 of 2
non-essential municipal court proceedings; to temporarily suspend all City utility shut-offs to
residential customers affected by COVID-19; and to prohibit all public and private gatherings
wherein two hundred fifty (250) people or more are expected, as well as those gatherings of twenty
(20) or more people where high-risk individuals. as defined by the United States Centers for
Disease Control and Prevention (CDC) are in attendance.
5. Pursuant to Health and Safety Code Section 122 .006. the City may adopt rules to protect
the health of persons in the City and provide for the establishment of quarantine stations,
emergency hospitals, and other hospitals.
6. That this proclamation shall take effect immediately from and after its issuance.
DECLARED this the l 2~Y of March. 2020.
~
City of Denton Mayor
Page 2 of2
EXHIBIT "B"
ORDER OF TH E MAYOR OF THE CITY OF DENTON
DATE ISSUED: MARCH 13, 2020
Summary: The virus that causes 2019 Coronavirus Disease (COVID-19) is easily transmitted
through person to person contact, especially in group settings, and it is essential that the spread of
the virus be slowed to protect the ability of public and private health care providers to handle the
influx of new patients and safeguard public health and safety. Because of the risk of the rapid
spread of the virus, the need to protect the most vuln rable members of the community, this Order
closes certain City buildings and non-essential services or uses. This order prohibits community
gatherings of two hundred fifty (250) persons or more within the City of Denton beginning at 5:00
p.m. on March 13, 2020, and continuing seven days through 5:00 p.m. on March 20, 2020, as
defined below. The City of Denton strongly recommends following the social distancing protocols
attached to this Order. Additionally, the City of Denton urges high-risk individuals, as defined by
the Centers for Disease Control and Prevention (CDC), to cancel, reschedule, or not attend events
that will have or will likely have 20 or more people.
PURUSANT TO THE MAYORAL PROCLAMATION OF MARCH 13, 2020 AND THE
AUTHORITY IN SECTION 9-22 OF THE DENTON CODE OF ORDINANCES AND
SECTION 416.108 OF THE TEXAS GOVERNMENT CODE, CITY OF DENTON
MAYOR CHRIS WATTS HEREBY ORDERS:
I. Effective as of 5:00 p.m. on Friday, March 13, 2020, and continuing until 5:00 p.m. on
March 20, 2020, public or private Community Gatherings (as defined in Section 4 below) are
prohibited anywhere in the City of Denton.
2. The City of Denton strongly urges organizations that serve high-risk populations, as
defined by the Centers for Disease Control and Prevention (CDC), to cancel gatherings of more
than 20 people. These recommendations are based on the social distancing practices promulgated
by the CDC as well as the '·Implementation of Mitigation Strategies for Communities with Local
COVID-19 Transmission" issued by the CDC. The City of Denton urges people not to attend non-
essential gatherings during the duration of this Order in order to help slow down the spread of the
COVID-19 virus.
3. All non-essential court proceedings in the Municipal Court No. I of the City of Denton are
postponed. All such proceedings will be rescheduled following the term of this Order. No fine,
penalty, or punishment shall issue against a party because of the postponement ordered herein.
Municipal Court No. 1 shall continue to hear all proceedings deemed essential by the state Office
of Court Administration, including search and arrest wanant requests. arraignments. criminal
magistration proceedings, and requests for temporary restraining orders.
4. Definitions:
a. For purposes of this Order, a "Community Gathering" is any indoor or outdoor
event or convening, subject to the exceptions and clarifications below, that brings together or is
likely to bring together three hundred (300) or more persons at the same time in a single room or
Page 1 of 2
other single confined or enclosed space, such as an auditorium, theater, stadium (indoor or
outdoor), arena or event center, meeting hall, conference center, large cafeteria, gymnasium, or
any other confined space.
b. For purposes of clarity, a ·'Community Gathering'' does not include the following so long
as visitors are generally not within arm· s length of one another for extended periods:
1. spaces where 250 or more persons may be in transit or waiting for transit, such as
airports, bus stations, or terminals;
11. office space or residential buildings;
111. grocery stores, shopping malls, or other retail establishments where large numbers
of people are present but it is unusual for them to be within arm's length of one
another for extended periods; and
iv. hospitals and medical facilities.
c. Specifically excluded from the definition of "Community Gathering'" is the following:
i. gathering of people in multiple, separate encloses spaces in a single building, such
as a multiplex movie theater, school, church. or office tower, so long as 250 people
are not present in any single space at the same time; and
ii. the use of enclosed spaces where 250 or more people may be present at different
times during the day, so long as 250 or more people are not present in the space at
the same time.
5. It is further ordered that all City of Denton utility shut offs for residential customers are
suspended, even for nonpayment, during the pendency of this Order upon proof of income or job
loss directly resulting from COVID-19.
6. The City Manager is given authority to expend up to $50,000.00 as funding to the United
Way of Denton County to assist individuals and families living in the City of Denton. who have
experienced income or job loss directly resulting from COVID-19, in eviction avoidance.
7. This Order shall be effective until 5:00 p.m. on Friday, March 20, 2020, or until it is either
rescinded, superseded, or amended pursuant to applicable law.
8. Copies of this Order shall be promptly provided to the City Secretary for filing and posting
on the City's website and in other conspicuous places.
ITISS~~
~sWatts
City of Denton
Page 2 of 2
EXHIBIT "C"
ORDER OF THE COUNCIL OF THE CITY OF DENTON
DATE ISSUED: MARCH 17, 2020
Summary: The virus that causes 2019 Coronavirus Disease (COVID-19) is easily transmitted
through person to person contact, especially in group settings, and it is essential that the spread of
the virus be slowed to protect the ability of public and private health care providers to handle the
influx of new patients and safeguard public health and safety. Because of the risk of the rapid
spread of the virus, the need to protect the most vulnerable members of the community, this Order
closes certain City buildings and limits non-essential services or uses. This order prohibits
community gatherings of one hundred ( 100) persons or more within the City of Denton beginning
at 12:01 a.m. on March 18, 2020, and continuing through 11 :59 p.m. on April 30, 2020, as defined
below. The City of Denton strongly recommends following the social distancing protocols
promulgated by the Centers for Disease Control and Prevention (CDC). Additionally, the City of
Denton urges all individuals to avoid gatherings of fifty (50) persons or more and high-risk
individuals, as defined by the CDC, to cancel, reschedule, or not attend any gatherings during this
time.
PURSUANT TO THE AUTHORITY IN SECTION 9-22 OF THE DENTON CODE OF
ORDINANCES AND SECTION 416.108 OF THE TEXAS GOVERNMENT CODE, CITY
OF DENTON COUNCIL HEREBY ORDERS:
1. Effective as of 12:01 a.m. on Wednesday, March 18, 2020, and continuing until 11:59 p.m.
on Thursday, April 30, 2020, public or private Community Gatherings (as defined in Section 4
below) are prohibited anywhere in the City of Denton.
2. The City of Denton strongly urges all individuals to avoid any gatherings of fifty (50)
persons or more. Further, individuals in high-risk populations, as defined by the CDC should
avoid all gatherings. These recommendations are based on the social distancing practices
promulgated by the CDC as well as the "Implementation of Mitigation Strategies for Communities
with Local COVID-19 Transmission" issued by the CDC. The City of Denton urges people not to
attend non-essential gatherings during the duration of this Order in order to help slow down the
spread of the COVID-19 virus.
3. All non-essential court proceedings in Municipal Court No. 1 of the City of Denton are
postponed. All such proceedings will be rescheduled following the term of this Order. No fine,
penalty, or punishment shall issue against a party because of the postponement ordered herein.
Municipal Court No. 1 shall continue to hear all proceedings deemed essential by the state Office
of Court Administration, including search and arrest warrant requests, arraignments, criminal
magistration proceedings, and requests for temporary restraining orders.
4. Definitions:
a. For purposes of this Order, a "Community Gathering" is any indoor or outdoor
event or convening, subject to the exceptions and clarifications below, that brings together or is
likely to bring together one hundred (100) or more persons at the same time in a single room or
Page 1 of 3
EXHIBIT "C"
other single confined or enclosed space, such as an auditorium, theater, stadium (indoor or
outdoor), arena or event center, meeting hall, conference center, large cafeteria, gymnasium, or
any other confined space.
b. For purposes of clarity, a "Community Gathering" does not include the following so long
as visitors are generally not within arm's length of one another for extended periods:
1. spaces where persons may be in transit or waiting for transit, such as airports, bus
stations, or terminals;
11. office space or residential buildings;
111. grocery stores, shopping malls, or other retail establishments where large numbers
of people are present, but it is unusual for them to be within arm's length of one
another for extended periods, though the City of Denton strongly urges said
businesses to enforce social distancing of six ( 6) feet or more in line or queue areas;
1v. hospitals, medical facilities, and shelters; and
v. jails and detention facilities.
c. Specifically excluded from the definition of "Community Gathering" is the following:
1. gathering of people in multiple, separate enclosed spaces in a single building, such
as a multiplex movie theater, school, church, or office building, so long as 100
people are not present in any single space at the same time;
ii. the use of enclosed spaces where 100 or more people may be present at different
times during the day, so long as 100 or more people are not present in the space at
the same time; and
111. places of employment not otherwise generally open to the public.
5. The City of Denton strongly urges restaurants and bars within the City to limit occupancy
to fifty percent (50%) or less than permitted by the restaurant or bar's Certificate of Occupancy.
6. All City of Denton utility non-payment shut offs are suspended during the term of this
Order.
7. The City Manager is given authority to expend up to $50,000.00 as funding to the United
Way of Denton County to assist individuals and families living in the City of Denton, who have
experienced income or job loss directly resulting from COVID-19, in eviction avoidance.
8. This Order shall be effective until 11 :59 p.m. on Thursday, April 30, 2020, or until it is
either rescinded, superseded, or amended pursuant to applicable law.
9. Pursuant to Section 9-22 of the Code of Ordinances, the following measures are also hereby
ordered:
a. All City Committee, Commission, and Board meetings are suspended through the
term of this order, with the exception of the Planning and Zoning Commission,
which shall meet only to consider applications subject to state law-imposed
deadlines;
Page 2 of 3
EXHIBIT "C"
b. City Council meetings shall be rescheduled as posted and may be conducted in
accordance with alternate measures as permitted by law;
c. Only electronic purchasing submissions shall be accepted;
d. No development applications, variance applications, certificate of appropriateness
applications, or administrative appeals requiring approval from the Planning and
Zoning Commission, Zoning Board of Adjustment, Historic Landmark
Commissions, or the City Council shall be accepted for the term of this Order;
e. The City Manager or his designee is authorized to make application for local, state,
and federal assistance as necessary and/or applicable;
f. The City Manager or his designee is authorized to accept on behalf of the City
services, gifts, grants, equipment, supplies, and/or materials whether from private,
nonprofit, or government sources;
g. The City Manager or his designee is authorized to terminate or suspend any event
that is or may negatively impact the health, safety, and welfare of persons within
the City; and
h. The City Manager is authorized to approve individual purchases up to $500,000.00
for general expenditures, which includes: fees, professional services, personal
services, and other categories exempted from the bid process by the Local
Government Code Section 252.022.
10. Copies of this Order shall be promptly provided to the City Secretary for filing and posting
on the City's website and in other conspicuous places.
ANCE NO. 20-721.
Mayor ris Watts
City of Denton
Page 3 of 3
S:\Legal\Emergency Management\Amending Order of Council Ordinance -Draft -Post IC.docx
ORDINANCE NO. 20-7 40
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL
CORPORATION, AMENDING THE ORDER OF COUNCIL OF THE CITY OF DENTON
ISSUED MARCH 17, 2020 APPROVED BY ORDINANCE NO. 20-721; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, beginning in December 2019, a novel corona virus, now designated SARS-
Co V2 which causes the disease COVID-19, has spread throughout the world and has now been
declared a global pandemic by the World Health Organization; and
WHEREAS, symptoms of COVID-19 include fever, coughing, and shortness of breath,
and in some cases the virus has caused death; and
WHEREAS, the known cases of COVID-19 diagnosed in the State of Texas is currently
increasing daily; and
WHEREAS, extraordinary measures must be taken to contain COVID-19 and prevent its
spread throughout the City of Denton and Denton County, including the limitation of community
gatherings and requiring individuals, groups of individuals, or property to be subject to additional
measures that prevent or control the spread of disease; and
WHEREAS, the State Office of Court Administration, in consultation with the Supreme
Court, Court of Criminal Appeals, and Regional Judges, has provided guidance recommending
postponement of all non-essential court proceedings, minimizing staff, and taking all other
appropriate measures to prevent the spread of disease; and
WHEREAS, the Mayor of the City of Denton has determined that extraordinary measures
must be taken by temporarily limiting the number of persons allowed to convene in a single
location; temporarily closing City buildings, facilities, and limiting certain uses thereof;
temporarily postponing all non-essential municipal court proceedings; providing resources to
prevent eviction due to CO VID-19 impact; and temporarily suspending all City utility shut-offs to
residential customers; and
WHEREAS, on March 13, 2020, the Mayor executed a "Declaration of Local Disaster for
Public Health Emergency" and an "Order of the Mayor of the City of Denton" pursuant to the
Declaration; and
WHEREAS, fmding it in the best interest of the citizens of Denton, on March 17, 2020,
the City Council, through Ordinance No. 20-721, extended the Declaration of Emergency through
April 30, 2020 and issued an Order of the Council of the City of Denton, attached thereto as Exhibit
"C," including the authorization to expend no more than Five Hundred Fifty Thousand Dollars
($550,000.00) during this period to proceed with the necessary emergency responses and essential
functions not already budgeted; and
S:\Legal\Emergency Management\Amending Order of Council Ordinance -Draft -Post IC.docx
WHEREAS, City of Denton Code of Ordinances Section 9-54(b) provides for penalties for
violation of proclamations of emergency and any rule, regulation, or order issued pursuant to such
proclamation and Chapter 9 of the City of Denton Code of Ordinances; and
WHEREAS, information about COVID-19 continues to evolve and measures must be
taken to respond to the latest information available; and
WHEREAS, following updated information on the spread of COVID-19, the City Council
finds it is in the public interest to amend the Order of Council passed March 17, 2020; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The facts, circumstances, and recitations contained in the preamble of this
Ordinance are found and declared to be true and correct, and are incorporated herein by reference
as if fully set out herein.
SECTION 2. The Order of Council of the City of Denton, issued March 17, 2020, is
hereby amended as shown in the attached Exhibit "A."
SECTION 3. The motion to approve this Ordinance was made b
seconded by:;&J s,??.f#u~ ; the Ordinance was passed and a
vote r5 -c:2.J :
Abstain
Chris Watts, Mayor:
Gerard Hudspeth, District 1:
Keely G. Briggs, District 2: ✓
Jesse Davis, District 3:
John Ryan, District 4:
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6:
PASSEDANDAPPROVEDthisthe d/J &{ dayof ~~
:s and
roved by the following
Absent
, 2020.
CHRIS WATTS, MAYOR
S:\Legal\Emergency Management\Amending Order of Council Ordinance -Draft -Post IC.docx
ATTEST:
ROSA RIOS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
EXHIBIT "A"
FIRST AMENDED ORDER OF THE
COUNCIL OF THE CITY OF DENTON
DATE ISSUED: MARCH 20, 2020
Summary: The virus that causes 2019 Coronavirus Disease (COVID-19) is easily transmitted
through person to person contact, especially in group settings, and it is essential that the spread of
the virus be slowed to protect the ability of public and private health care providers to handle the
influx of new patients and safeguard public health and safety. Because of the risk of the rapid
spread of the virus, the need to protect the most vulnerable members of the community, this Order
closes certain City buildings and limits non-essential services or uses. This order prohibits
community gatherings of fifty (50) persons or more within the City of Denton beginning at 12:01
a.m. on March 21, 2020, and continuing through 11 :59 p.m. on April 30, 2020, as defined below.
It also prohibits social gatherings of more than ten (10) people within the City of Denton beginning
at 12:01 a.m. on March 21 , 2020 and continuing through the duration of Governor Greg Abbott's
Executive Order GA 08, signed March 19, 2020. The City of Denton strongly recommends
following the social distancing protocols promulgated by the Centers for Disease Control and
Prevention (CDC). Additionally, the City of Denton urges all individuals to avoid gatherings of
more than ten (10) people and high-risk individuals, as defined by the CDC, to cancel, reschedule,
or not attend any gatherings during this time.
PURSUANT TO THE AUTHORITY IN SECTION 9-22 OF THE DENTON CODE OF
ORDINANCES AND SECTION 416.108 OF THE TEXAS GOVERNMENT CODE, CITY
OF DENTON COUNCIL HEREBY ORDERS:
1. Effective as of 12:01 a.m. on Saturday, March 21, 2020, all public or private Social
Gatherings (as defined in Section 4 below) are prohibited anywhere in the City of Denton pursuant
to Executive Order GA 08, signed by Governor Greg Abbott on March 19, 2020, for the duration
of the Executive Order, as may be amended. Further, all public or private Community Gatherings
(as defined in Section 4 below) are prohibited anywhere in the City of Denton until 11 :59 p.m. on
Thursday, April 30, 2020, consistent with the Executive Order of the Denton County Judge, signed
by Judge Andy Eads on March 18, 2020.
2. The City of Denton strongly urges all individuals to avoid any gatherings of more than ten
(10) people. Further, individuals in high-risk populations, as defined by the CDC should avoid all
gatherings. These recommendations are based on the social distancing practices promulgated by
the CDC as well as the "Implementation of Mitigation Strategies for Communities with Local
COVID-19 Transmission" issued by the CDC. The City of Denton urges people not to attend non-
essential gatherings during the duration of this Order in order to help slow down the spread of the
COVID-19 virus.
3. All non-essential court proceedings in Municipal Court No. 1 of the City of Denton are
postponed. All such proceedings will be rescheduled following the term of this Order. No fine,
penalty, or punishment shall issue against a party because of the postponement ordered herein.
Municipal Court No. 1 shall continue to hear all proceedings deemed essential by the state Office
Page 1 of 3
EXHIBIT "A"
of Court Administration, including search and arrest warrant requests, arraignments, criminal
magistration proceedings, and requests for temporary restraining orders.
4. Definitions:
a. For purposes of this Order, a "Community Gathering" is any indoor or outdoor event or
convening, subject to the exceptions and clarifications below, that brings together or is likely
to bring together fifty (50) or more persons at the same time in a single room or other single
confined or enclosed space, such as an auditorium, theater, stadium (indoor or outdoor),
arena or event center, meeting hall, conference center, large cafeteria, gymnasium, or any
other confined space.
b. For purposes of clarity, a "Community Gathering" does not include the following so long
as visitors are generally not within arm's length of one another for extended periods:
1. spaces where persons may be in transit or waiting for transit, such as airports, bus
stations, or terminals;
11. office space or residential buildings;
111. grocery stores, shopping malls, or other retail establishments where large numbers
of people are present, but it is unusual for them to be within arm's length of one
another for extended periods, though the City of Denton strongly urges said
businesses to enforce social distancing of six ( 6) feet or more in line or queue areas
and to clean self-service check-out machines between each customer;
1v. hospitals, medical facilities, and shelters; and
v. jails and detention facilities.
c. Specifically excluded from the definition of "Community Gathering" is the following:
1. gathering of people in multiple, separate enclosed spaces in a single building, such
as a school, church, or office building, so long as 50 people are not present in any
single space at the same time;
11. the use of enclosed spaces where 50 or more people may be present at different
times during the day, so long as 50 or more people are not present in the space at
the same time; and
111. places of employment not otherwise generally open to the public.
d. For purposes of this Order, a "Social Gathering" is any indoor or outdoor event or
convening, not previously included in the definition of Community Gathering, that brings
together or is likely to bring together more than ten (10) people at the same time. Social
gatherings include, but are not limited to, parties, backyard barbecues, social events,
sporting events, and other gatherings
5. Restaurants, microbreweries, micro-distilleries, and wineries within the City may only
provide take out, delivery, or drive-through services. Nothing herein should be construed to
authorize violation of Texas Penal Code Section 49.031 or the Texas Alcoholic Beverage Code.
6. Bars, lounges, taverns, motion picture and stage theaters, clubs, and gyms shall close.
Page 2 of 3
EXHIBIT "A"
7. All City of Denton utility non-payment shut offs are suspended during the term of this
Order.
8. The City Manager is given authority to expend up to $50,000.00 as funding to the United
Way of Denton County to assist individuals and families living in the City of Denton, who have
experienced income or job loss directly resulting from COVID-19, in eviction avoidance.
9. This Order shall be effective until 11 :59 p.m. on Thursday, April 30, 2020, or until it is
either rescinded, superseded, or amended pursuant to applicable law.
10. Pursuant to Section 9-22 of the Code of Ordinances, the following measures are also hereby
ordered:
a. All City Committee, Commission, and Board meetings are suspended through the
term of this order, with the exception of the Planning and Zoning Commission,
which shall meet only to consider applications subject to state law-imposed
deadlines;
b. City Council meetings shall be rescheduled as posted and may be conducted in
accordance with alternate measures as permitted by law;
c. Only electronic purchasing submissions shall be accepted;
d. No development applications, variance applications, certificate of appropriateness
applications, or administrative appeals requiring approval from the Planning and
Zoning Commission, Zoning Board of Adjustment, Historic Landmark
Commissions, or the City Council shall be accepted for the term of this Order;
e. The City Manager or his designee is authorized to make application for local, state,
and federal assistance as necessary and/or applicable;
f. The City Manager or his designee is authorized to accept on behalf of the City
services, gifts, grants, equipment, supplies, and/or materials whether from private,
nonprofit, or government sources;
g. The City Manager or his designee is authorized to terminate or suspend any event
that is or may negatively impact the health, safety, and welfare of persons within
the City; and
h. The City Manager is authorized to approve individual purchases up to $500,000.00
for general expenditures, which includes: fees, professional services, personal
services, and other categories exempted from the bid process by the Local
Government Code Section 252.022.
11 . Copies of this Order shall be promptly provided to the City Secretary for filing and posting
on the City's website and in other conspicuous places.
IT IS SO ORDERED, PURSUANT TO ORDINANCE NO. _ __,;2=-:0:;....--=--7 4....:....;0==-----
Mayor Chris WV~,-------·
City of Denton
Page 3 of 3
SECOND DECLARATION OF LOCAL DISASTER
FOR PUBLIC HEAL TH EMERGENCY
DATE ISSUED: MARCH 24, 2020
WHEREAS, beginning in December 2019, a novel coronavirus, now designated SARS-Co V2
which causes the disease COVID-19, has spread throughout the world and has now been declared
a global pandemic by the World Health Organization; and
WHEREAS, symptoms of COVID-19 include fever, coughing, and shortness of breath, and in
some cases the virus has caused death; and
WHEREAS, the COVID-19 virus mainly spreads between people who are in close contact with
one another through respiratory droplets produced when an infected person coughs or sneezes; and
WHEREAS, the continued worldwide spread of COVID-19 presents an imminent threat of
widespread illness, which requires emergency action for the protection of the people of the City of
Denton; and
WHEREAS, the known cases of COVID-19 diagnosed in the State of Texas is currently
increasing daily with 200 positive or presumed positive cases across North Texas; and
WHEREAS, since the original Declaration issued by the Mayor on March 13, 2020, there have
been eight (8) positive COVID-19 cases in the City of Denton, with six of those being confirmed
on Sunday, March 22, 2020; and
WHEREAS, extraordinary measures must be taken to contain COVID-19 and prevent its spread
throughout the City of Denton, including the limitation of all gatherings to no more than ten (10)
people; and
WHEREAS, this Order continues the activation of the City of Denton Emergency Management
Plan; and
WHEREAS, the Mayor issued a Declaration of Local Disaster due to Public Health Emergency
on March 13, 2020, which was renewed and amended by the Denton City Council on March 17,
2020 (Ordinance No. 20-721) and March 20, 2020 (Ordinance No. 20-740). Now the Mayor issues
this Second Declaration of Local Disaster for Public Health Emergency to implement additional
measures to ensure the protection of the residents of the City of Denton, Texas.
NOW, THEREFORE, BE IT DECLARED BY THE MAYOR OF THE CITY OF DENTON:
1. This Second Declaration of Local Disaster for Public Health Emergency is hereby declared
and shall continue for a period of not more than seven (7) days from 11 :59 p.m., March 25, 2020
unless continued or renewed by the Denton City Council.
Pagelof2
2. Pursuant to Texas Government Code Section 418.108( c) and Section 9-25 of the City of
Denton Code of Ordinances, this Second Declaration of Local State of Disaster for Public Health
Emergency shall be given prompt and general publicity and shall be filed promptly with the City
Secretary.
3. Pursuant to Section 418.108(d) of the Texas Government Code, this Second Declaration of
Local State of Disaster for Public Emergency continues the activation of the City of Denton
emergency management plan and grants the Mayor the powers set forth in Section 9-22 of the City
of Denton Code of Ordinances.
4. That this declaration shall take effect at 11 :59 p.m. on March 25, 2020.
DECLARED this t J---C/~f March, 2020.
City of Denton Mayor
Page 2 of2
ORDER OF THE MAYOR OF THE CITY OF DENTON
DATE ISSUED: MARCH 24, 2020
Summary: The virus that causes 2019 Coronavirus Disease (COVID-19) is easily transmitted
through person to person contact, especially in group settings, and it is essential that the spread of
the virus be slowed to protect the ability of public and private health care providers to handle the
influx of new patients and safeguard public health and safety. As the number of positive cases of
COVID-19 continue to increase in the City of Denton, there is an immediate need to undertake the
following measures described in this Order. This Order amends the Order of the City Council
adopted on Friday, March 20, 2020 (Ordinance No. 20-740) for a period of not more than seven
(7) days, beginning at 11 :59 p.m. on Wednesday, March 25, 2020, and continuing through 11 :59
p.m. on Wednesday, April 1, 2020.
PURUSANT TO THE MAYORAL DECLARATION OF MARCH 24, 2020 AND THE
AUTHORITY IN SECTION 9-22 OF THE DENTON CODE OF ORDINANCES AND
SECTION 416.108 OF THE TEXAS GOVERNMENT CODE, CITY OF DENTON
MAYOR CHRIS WATTS HEREBY ORDERS:
1. This Order pertaining to a Declaration of Local Disaster for Public Health Emergency,
originally enacted on March 13, 2020 and renewed by the City Council on March 17 and March
20, 2020, amends the Order of the City Council adopted on Friday, March 20, 2020 via Ordinance
No. 20-740 for a period of not more than seven (7) days, unless continued or renewed by the City
Council. The Order shall take effect at 11 :59 p.m. on Wednesday, March 25, 2020 and continue
through 11:59 p.m. on Wednesday, April 1, 2020.
2. Effective as of 11 :59 p.m. on March 25, 2020:
a. All individuals currently living within the City of Denton are ordered to STAY AT
HOME or their current place of residence. For the purposes of this Order,
residences include hotels, motels, shared rentals, and similar facilities. To the extent
individuals are using shared or outdoor spaces, they must at all times as reasonably
as possible maintain social distancing of at least six feet from any other person
when they are outside their residence. All persons may leave their residences only
for Essential Activities, travel to businesses outside of the City of Denton, provide
or perform Essential Governmental Functions, or to operate Essential Businesses,
all as defined in Section 3.
b. All businesses operating within the City of Denton, except Essential Businesses as
defined below in Section 3, are required to cease all activities at facilities located
within the City of Denton. For clarity, businesses may continue operations
consisting exclusively of employees or contractors performing activities at their
residences (i.e. working from home). To the greatest extent possible, all Essential
Businesses shall comply with the Social Distancing Guidelines attached, including
maintaining six-foot social distancing for both employees and the general public.
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c. All public or private gatherings of any number of people occurring outside a single
household or living unit are prohibited, except as otherwise provided herein.
Nothing in this Order prohibits the gathering of members of a household or living
unit (an apartment or house for use by one family).
d. Restaurants and beverage bars with or without drive-in or drive-through services
and microbreweries, micro-distilleries, or wineries may only provide take out,
delivery, or drive-through services as allowed by law.
e. Religious and worship services may only be provided by video and teleconference.
All individuals preparing for or conducting video or teleconference services must
follow the Social Distancing Guidelines including the six-foot social distancing.
f. All elective medical, surgical, and dental procedures are prohibited anywhere in the
City of Denton. Hospitals, ambulatory surgery centers, dental offices, and other
medical facilities are directed to identify procedures that are deemed "elective" by
assessing which procedures can be postponed or canceled based on patient risk
considering the emergency need for the redirection of resources to COVID-19
response.
3. Definitions:
a. For purposes of this Order, "Essential Business" means:
i. Essential Healthcare Operations. Healthcare operations, including hospitals,
clinics, dentists, pharmacies, pharmaceutical and biotechnology companies, other
healthcare facilities, healthcare suppliers, mental health providers, substance abuse
service providers, blood banks, medical research, laboratory services, or any related
and/or ancillary healthcare services. Home-based and residential-based care for
seniors, adults, or children are also considered healthcare operations. Healthcare
operations also includes veterinary care and all health and welfare services provided
to animals. This exemption shall be viewed broadly to avoid any impacts to the
delivery of healthcare. Healthcare operations do not include fitness and exercise
gyms and similar facilities. Healthcare operations do not include elective medical,
surgical, and dental procedures, pursuant to Section 2(f) of this Order.
ii. Essential Government Functions. All services provided by local governments
needed to ensure the continuing operation of the government agencies to provide
for the health, safety, and welfare of the public. Further, nothing in this order shall
prohibit any individual from performing or accessing "Essential Government
Functions." All Essential Government Functions shall be performed in compliance
with social distancing requirements of six feet, to the extent possible. State or
Federal government agencies shall follow State or Federal guidance to the extent
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possible.
iii. Essential Critical Infrastructure. Work necessary to the operations and
maintenance of the critical infrastructure sectors, including public works
construction, residential and commercial construction, airport operations, water,
sewer, gas, electrical, oil refining, roads and highways, public transportation, solid
waste collection and removal, internet and telecommunications systems (including
the provision of essential global, national, and local infrastructure for computing
services, business infrastructure, communications, and web-based services), banks,
financial institutions, pawn shops, safety and security related services, retail firearm
sales, defense and national security-related operations, essential manufacturing
operations provided that they carry out those services or that work in compliance
with social distancing requirements of six feet, to the extent possible. Essential
Businesses providing essential infrastructure should implement screening
precautions to protect employees, and all activity should be performed m
compliance with social distancing guidelines as set forth by the CDC.
iv. Essential Retail. Food service and household providers, including grocery stores,
warehouse stores, big-box stores, bodegas, liquor stores, gas stations and
convenience stores, and farmers' markets. Food cultivation, including farming,
hunting, fishing, and livestock, to the extent allowed by law. Businesses that ship
or deliver groceries, food, goods, or services directly to residences. Restaurants and
other facilities that prepare and serve food, but only for drive through, delivery, or
carry out. Schools and other entities that typically provide free services to students
or members of the public on a pick-up and take-away basis only. The restriction of
delivery or carry out does not apply to cafes and restaurants located within hospital
and medical facilities. Laundromats, dry cleaners, and laundry service providers.
Gas stations, auto-supply, auto and bicycle repair, hardware stores, construction
supply stores, and related facilities. Businesses that supply products needed for
people to work from home.
v. Providers of Basic Necessities to Economically Disadvantaged Populations.
Businesses, including but not limited to non-profit organizations, that provide food,
shelter, social services and support for said services, and other necessities of life
for economically disadvantaged or otherwise needy individuals.
v1. Essential Services Necessary to Maintain Essential Operations of Residences
or Other Essential Businesses. Trash and recycling collection, processing and
disposal, mail and shipping services, building cleaning, maintenance, and security,
warehouse/distribution and fulfillment, storage for essential businesses, funeral
homes, crematoriums and cemeteries. Plumbers, electricians, exterminators, and
other service providers who provide services that are necessary to maintain the
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safety, sanitation, and essential operations of residences, s and Essential
Businesses. Professional services, such as legal, accounting services, property
management, and real-estate services, RV sales and services for housing when
required to assist in compliance with legally mandated activities. Businesses that
supply products needed for people to work from home.
vii. News Media. Newspapers, television, radio, and other media services.
viii. Childcare Services. Childcare facilities providing services that enable employees
exempted in this order to work as permitted.
b. For purposes of this Order, "Essential Activities" is defined as the following:
1. To engage in activities or perform tasks essential to their health and safety, or to
the health and safety of their family or household members including pets and
livestock (for example, obtaining medical supplies or medication, visiting a health
care professional, or obtaining supplies need to work from home); and
11. To obtain necessary food, beverage, services, or supplies for themselves and their
family or household members, or to deliver those services or supplies to others (for
example, food, pet supply, and any other household consumer products, and
products necessary to maintain the safety, sanitation, and essential operation of
residences.
111. To engage in outdoor activity, provided the individuals comply with social
distancing requirements of six feet (for example, walking, biking, hiking, or
running). Use of public playground equipment is prohibited.
1v. To perform work providing essential products and services at an Essential
Business or to otherwise carry out activities specifically permitted in this Order.
v. To care for a family member or pet in another household.
4. Due to increased demand for bath or toilet tissue resulting from stock up buying and
individuals who purchase for resale, retail suppliers shall use common sense rationing of
household products and groceries that are in limited supply.
5. If someone in a household has tested positive for COVID-19, the household is ordered to
isolate at home. Members of the household cannot go to work, school, or any other community
function until cleared by a medical professional.
6. Nursing homes, retirement, and long-term care facilities are instructed to prohibit non-
essential visitors from accessing their facilities unless to provide critical assistance or for end-of-
life visitation.
7. This Order hereby authorizes the use of all lawfully available enforcement tools found in
Denton City Code, Chapter 9 (Emergency Management), state or federal laws.
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8. Pursuant to Section 9-22 of the Code of Ordinances, the following measures are also hereby
ordered continued as set forth herein:
a. All City Committee, Commission, and Board meetings are suspended through the
term of this order, with the exception of the Planning and Zoning Commission,
which shall meet only to consider applications subject to state law-imposed
deadlines;
b. City Council meetings shall be rescheduled as posted and may be conducted in
accordance with alternate measures as permitted by law;
c. Only electronic purchasing submissions shall be accepted;
d. No development applications listed in Table 2.2-A in the Denton Development
Code shall be accepted for the term of this Order or any extension hereof;
e. The City Manager or his designee is authorized to make application for local, state,
and federal assistance as necessary and/or applicable;
f. The City Manager or his designee is authorized to accept on behalf of the City
services, gifts, grants, equipment, supplies, and/or materials whether from private,
nonprofit, or government sources;
g. The City Manager or his designee is authorized to terminate or suspend any event
that is or may negatively impact the health, safety, and welfare of persons within
the City;
h. The City Manager is authorized to approve individual purchases up to $500,000.00
for general expenditures, which includes: fees, professional services, personal
services, and other categories exempted from the bid process by the Local
Government Code Section 252.022;
1. All City of Denton utility non-payment shut offs are suspended during the term of
this Order and no penalties under Ordinances 19-2140, 19-2136, 19-2137, 19-2138,
or 18-1494 shall accrue during the pendency of this order or any extension hereof;
and
J. The City Manager is given authority to expend up to $50,000.00 as funding to the
United Way of Denton County to assist individuals and families living in the City
of Denton, who have experienced income or job loss directly resulting from
COVID-19, in eviction avoidance;
k. The City Manager is authorized to expend no more than an additional Five Hundred
Fifty Thousand Dollars ($550,000.00) during this period to proceed with the
necessary emergency responses and essential functions not already budgeted.
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9. Copies of this Order shall be promptly provided to the City Secretary for filing and posting
on the City's website and in other conspicuous places.
Mayor Chri Watts
City of Denton
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City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 20-800,Version:1
AGENDA CAPTION
Consider adoption of an Ordinance of the City of Denton authorizing the Mayor to execute a separation,
release, and waiver agreement with Holly Fox; authorizing expenditures; and providing an effective date.
City of Denton Printed on 3/27/2020Page 1 of 1
powered by Legistar™
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SEPARATION, RELEASE AND WAIVER AGREEMENT
This Agreement is between Holly Fox (“Employee”) and the City of Denton, Texas and its authorized governing body, the Denton City Council (“the City”), and constitutes the full and complete terms of their agreement (the “Agreement”), and supersedes any and all other oral or written agreements which the parties
may have made concerning Employee’s employment and/or this same subject matter. 1. Employee agrees and acknowledges that, effective March 31, 2020, after the City Council approves
this Agreement, she has resigned her position of Presiding Judge of the City of Denton Municipal Court, a Council-appointed position, and will provide a written notice of resignation prior to the finalization of this Agreement, which shall be attached as exhibit A.
2. Regardless of whether Employee signs this Agreement, if Employee resigns or is otherwise separated from employment, Employee will receive a final paycheck for wages earned as of close
of business on the effective date of separation, plus the cash value of accrued vacation as of that date (143 hours - effective March 31, 2020), less normal payroll deductions. Employee agrees that, except for the payments made and benefits provided in this paragraph, Employee is not entitled to any other benefits, compensation, or payments from the City outside of this Agreement. 3. In exchange for the promises contained in this Agreement, the City agrees to provide Employee with the following special separation benefits: a. A severance payment equal to 42 weeks of Employee’s base wages, totaling $105,000 and
$13,206.38, less appropriate payroll taxes and deductions, and less TMRS 7% employee contribution, to be paid in a lump sum payment, less the amount specified for attorney’s fees in paragraph 3.b., below, to Employee after her employment with the City ends, on or
about ten days after the City receives an executed back a signed copy of this Agreement
from Employee. This special separation benefit is over and above any final compensation otherwise provided in Employee’s final paycheck upon separation
from employment.
b. A payment of $________ to Kilgore & Kilgore, PLLC, Employee’s attorneys. c. If Employee properly and timely elects COBRA continuation, the City will continue to pay premiums on Employee’s behalf to its self-insured plan for Employee’s and her children’s
current level of medical, dental and vision insurance for up to ten months, or as long as she retains and/or remains eligible for COBRA continuation, whichever is shorter. d. $6,000 ICMA contribution, less applicable tax deductions.
e. $20,706.47 TMRS contributions on Employee’s behalf (City’s matching funds) 4. Employee agrees that providing the special separation benefits described in paragraph 3 of this
Agreement upon an employee’s separation is contrary to the City’s normal policy, and in exchange for such good and valuable consideration, Employee further agrees to release and waive any and all claims Employee has or which may arise by virtue of Employee’s employment with or
separation from the City, whether known or unknown at the time of this Agreement, and Employee releases the City and its officers, elected officials, representatives and employees from any such claims. Such claims include, but are not limited to, breach of contract, tort, and any and all claims
which might arise under local, state, or federal fair employment practices or employment benefit laws, and workers’ compensation law as of the date of this Agreement, including but not limited to
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claims under the Age Discrimination in Employment Act, and Employee agrees not to file any lawsuit on account of Employee’s employment with or termination from the City.
5. This Agreement does not waive Employee’s right to apply for or claim unemployment compensation insurance, although the City reserves the right to dispute such claim. The City agrees
that it will not dispute the claim based on misconduct, and will report to the Texas Workforce Commission in response to a claim that Employee resigned by agreement of the Parties. Employee further understands that nothing in this Agreement shall prohibit her from filing a claim with the
Department of Labor or similar state agency, or cooperating in such agency’s investigation or proceeding, although Employee acknowledges that Employee has waived such claims and will be barred from obtaining any monetary or other relief from or against Employer.
6. This Agreement will be part of the public record pursuant to Texas Open Meetings and Public Information Acts, and confidentiality of its terms will not be possible. However, Employee and the
City agree to keep the circumstances under which this Agreement came about confidential, as allowed by law. If either Party is asked about such circumstances or disagreements, they may state that the parties have mutually resolved such disputes, and nothing more can be said. For purposes of this confidentiality clause, the “City” includes its Council Members, City Manager, Assistant City Managers, City Attorney (who will instruct his staff to do the same), and Human Resources Director (who will instruct her staff to do the same). 7. The Employee and the City agree that the separation of Employee’s employment and the execution
of this Agreement are not admissions of guilt or wrongdoing on the part of either party. 8. The City agrees, except as may be required by law, that if a prospective employer of Employee
contacts the City’s Director of Human Resources, only a neutral reference will be provided. Such neutral reference includes confirming a) Employee’s verification and dates of employment with the City, b) Employee’s last position with the City, c) Employee’s last salary with the City. Employee
understands that Employee must direct prospective employers to the City’s Human Resources Department only for such official neutral reference and is not responsible for informal references provided by individuals.
9. The City further agrees not to make disparaging remarks about Employee except when truthful and required by law. For purposes of this non-disparagement clause, the “City” includes its Council Members, City Manager, Assistant City Managers, City Attorney (who will instruct his staff to do the same), and Human Resources Director (who will instruct her staff to do the same) 10. Employee agrees not to make disparaging remarks, whether individually or through representatives, and whether oral, written or electronic, whether to the community or on social media, about the
City or its employees or officials, except as required and truthful in response to a valid subpoena or government agency request, or when speaking as a public citizen within Employee’s First Amendment rights. Employee agrees that violating this clause will be considered a breach of this
Agreement, and will cause any future obligations of the City under this Agreement to cease, and would give rise to an action by the City to seek reimbursement of payments made and other related damages.
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11. Employee acknowledges that Employee has had access to confidential and/or privileged information of the City as a result of the employment. Employee agrees that the City would be
severely and irreparably damaged if Employee used or disclosed this information and that the City will be entitled to an injunction prohibiting Employee from committing any such violation. Employee hereby agrees not to use or disclose to anyone any confidential information of the City
at any time in the future without the prior written authorization of the City. 12. Pursuant to applicable law, Employee is hereby provided a period of 21 calendar days from the day
Employee receives this Agreement to consider this Agreement. Employee acknowledges having received this Agreement on March 31, 2020. This Agreement will expire on April 21, 2020.
13. Pursuant to applicable law, this Agreement may be revoked by Employee for a period of seven
calendar days following Employee’s execution of this Agreement. To effectively revoke this Agreement, Employee must deliver a written notice of revocation to the City, attention: _________, so that it is received within the seven-day period. This Agreement shall not be effective
or enforceable until the revocation period has expired. Revocation will cancel any obligation on the part of the City to provide the benefits of this Agreement, but will not revoke Employee’s resignation.
14. Employee is advised to consult with an attorney, and has done so, before signing this
Agreement. Employee has entered into this Agreement voluntarily and knowingly, and has been given an opportunity to review it with an attorney if desired.
15. This Agreement shall, in all respects, be interpreted, enforced and governed under the laws of the State of Texas. Any suit, claim or other legal proceeding arising out of or relating to Employee’s
employment or this Agreement shall be brought exclusively in state or federal courts serving Denton County, Texas, and Employee and the City hereby submit to personal jurisdiction in the State of Texas and to venue in such courts. If any portion of this Agreement is held to be invalid or
legally unenforceable, the remaining portions will not be affected and will be given full force and effect.
Agreed to and Accepted by:
_________________________________ By: _______________________________________ Holly Fox Date Chris Watts, Mayor Date On behalf of the City of Denton, Texas And Members of City Council
ATTEST:
ROSA RIOS, CITY SECRETARY
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BY: ______________________________________ APPROVED AS TO LEGAL FORM:
______________________________ Sheila Gladstone Special Counsel for City of Denton
Retained for this matter
___________________________ Robert E. Goodman, Jr. Kilgore & Kilgore, PLLC Attorney for Holly Fox