HomeMy WebLinkAbout2021-07-27 Agenda and BackupCity of Denton
Meeting Agenda
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
City Council
Council Chambers2:00 PMTuesday, July 27, 2021
WORK SESSION BEGINS AT 2:00 P.M. IN THE COUNCIL CHAMBERS
CITY COUNCIL CONSIDERATION OF THE CONSENT AGENDA AND ITEMS FOR
INDIVIDUAL CONSIDERATION WILL BEGIN IMMEDIATELY FOLLOWING THE WORK
SESSION IN THE COUNCIL CHAMBERS
Note: A quorum of the City Council, at time of posting, identified to be Mayor Gerard Hudspeth, Mayor Pro
Tem Paul Meltzer, and Council Members Vicki Byrd, Brian Beck, Jesse Davis, Alison Maguire, and Deb
Armintor will be participating in the work session and meeting in person in the Council Chambers.
AS OF JUNE 14, IN-PERSON PUBLIC COMMENTS ARE ALLOWED AT THIS MEETING.
FOR VIRTUAL PARTICIPATION, SEE THE REGISTRATION PROCESS DETAILED BELOW.
REGISTRATION GUIDELINES FOR ADDRESSING THE CITY COUNCIL
Citizens will also be able to participate in one of the following ways (NOTE: Other than public hearings,
citizens are only able to comment one time per agenda item; citizens cannot use both methods to comment
on a single agenda item. Public comments are not held for work session reports.)
• Virtual White Card – On July 23, the agenda was posted online at
www.cityofdenton.com/publicmeetings. Once the agenda is posted, a link to the Virtual White Card, an
online form, will be made available under the main heading on the webpage. Within this form, citizens may
indicate support or opposition and submit a brief comment about a specific agenda item. Comments may
be submitted up until the start of the meeting, at which time, the Virtual White Card form will be closed.
Similar to when a citizen submits a white card to indicate their position on the item, these comment forms
will be sent directly to City Council members and recorded by the City Secretary.
City Council Members review comments received in advance of the meeting and take that public input into
consideration prior to voting on an agenda item. The Mayor will announce the number of Comment Cards
submitted in support or opposition to an item during the public comment period. Comments will not be
read during the meeting. The City Secretary will reflect the number of comments submitted in
favor/opposition to an item, the registrant’s name, address, and (summary of) comments within the Minutes
of the Meeting, as applicable.
OR
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July 27, 2021City Council Meeting Agenda
• By phone – Citizens wishing to speak over the phone during this Council meeting, may call (940)
349-7800 beginning 30 minutes prior to the meeting start time. Comments by phone will be accepted until
the item is opened for discussion by the Council. When the call is initially received, a staff member will
receive the caller’s information and either: 1) offer to call the citizen back when it is time for them to speak,
or 2) record the caller’s information, support or opposition, and comment. If the caller chooses to record
their support or opposition, rather than speaking during the meeting, the Mayor will announce the number
of comments submitted in support or opposition to the item. If the caller wishes to receive a call back, the
voice of each caller will be broadcast into the meeting during the public commenting time of their desired
agenda item. Individuals will be able to comment once per agenda item, no matter the method.
• At regular meetings only, citizens can speak on any topic that is not on the agenda (Open Microphone).
Alert the call taker if you wish to speak under the Open Microphone category. If you would like to give a
public report, see the information below.
After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a
Work Session on Tuesday, July 27, 2021, at 2:00 p.m. in the Council Chambers 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 any item listed on the Consent Agenda prior to its
consideration. Each speaker will be given a total of three (3) minutes to address any item(s). Any person
who wishes to address the City Council regarding these items may do so by utilizing the "By Phone"
registration process as referenced under the REGISTRATION GUIDELINES FOR ADDRESSING THE
CITY COUNCIL detailed at the beginning of this agenda. Registration is required prior to the time the City
Council considers this item. Registrants may call in and remain on hold or receive a call back at the time the
Work Session is called to Order and are encouraged to ensure they remain accessible to accept the call.
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 regarding Audit Project 021 -
Water System Operations: Distribution.
ID 21-982A.
Receive a report, hold a discussion, and give staff direction regarding FY 2021-22
departmental budget presentations for Fleet, Capital Projects/Engineering, Development
Services/Real Estate, Solid Waste, Water, Wastewater/Drainage, Environmental Services
and Streets.
ID 21-456B.
Receive a report, hold a discussion, and give staff direction regarding a follow up of
federal American Rescue Plan (ARP) Act of 2021 and proposed uses for ARP funds
received by the City of Denton.
ID 21-1054C.
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.
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July 27, 2021City Council Meeting Agenda
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 - I). 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 adoption of an ordinance of the City of Denton authorizing the City Manager to
execute a funding agreement with Denton Community Food Center to provide
Community Development Block Grant-Coronavirus funds for public facility improvements
in Denton, Texas; authorizing the expenditure of funds in an amount not to exceed
$439,483.00; and providing an effective date.
ID 21-966A.
Consider approval of a resolution of the City of Denton, Texas, amending Resolution No.
19-2886 relating to the Bond Oversight Committee, to amend the manner in which
members are appointed to the committee; and provide for an effective date.
ID 21-1507B.
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal
corporation, authorizing the City Manager, or their designee, to execute a contract with
On Computer Services, L.L.C., dba Unified Power, for uninterruptible power supply
(UPS) maintenance and services for the Technology Services Department; providing for
the expenditure of funds therefor; and providing an effective date (RFP 7546 - awarded
to On Computer Services, L.L.C., dba Unified Power, for three (3) years, with the option
for two (2) additional one (1) year extensions, in the total five (5) year not-to-exceed
amount of $195,000.00).
ID 21-1489C.
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal
corporation, authorizing the City Manager, or their designee, to execute a contract with
Groggy Dog Sportswear & Graphic Design, LLC for athletic shirts and jerseys for the
Parks and Recreation Department; providing for the expenditure of funds therefor; and
providing an effective date (RFP 7602 - awarded to Groggy Dog Sportswear & Graphic
Design, LLC, for one (1) year, with the option for two (2) additional one (1) year
extensions, in the total three (3) year not-to-exceed amount of $120,000.00).
ID 21-1490D.
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal
corporation, authorizing the City Manager, or their designee, to execute a contract with
DLT Solutions, LLC, through the Department of Information Resources (DIR)
Cooperative Purchasing Network Contract No. DIR-TSO-4236, for AutoCAD AEC
Collection Software system subscription, maintenance, and purchase of licenses for the
ID 21-1491E.
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July 27, 2021City Council Meeting Agenda
Technology Services Department; providing for the expenditure of funds therefor; and
providing an effective date (File 7630 - awarded to DLT Solutions, LLC, in the four (4)
year not-to-exceed amount of $228,873.00).
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal
corporation, authorizing the approval of Change Order No. 3 to the contract between the
City of Denton and MSB Constructors, Inc., to provide additional services for the
Development Services Center Parking Lot Improvements Project; providing for the
expenditure of funds therefor; and providing an effective date (File 7452 - Change Order
No. 3 in the not-to-exceed amount of $45,395.74, for a total contract award aggregated
to $1,038,225.83).
ID 21-1492F.
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal
corporation, authorizing the City Manager to execute a First Amendment to Solid Waste
Disposal Contract with Frontier Access, LLC; and providing an effective date.
ID 21-1406G.
Consider adoption of an ordinance of the City of Denton, Texas, authorizing the Interim
City Manager, or her designee, to execute an Interlocal Cooperation Contract in the form
of a Memorandum of Understanding with the State of Texas, Texas Department of Public
Safety, authorizing the Denton Police Department to perform Uniform Commercial
Vehicle Weight Inspections and Enforcement; and providing an effective date.
ID 21-1446H.
Consider adoption of an ordinance of the City of Denton, Texas, authorizing the Interim
City Manager, or her designee, to execute an Interlocal Cooperation Contract in the form
of a Memorandum of Understanding with the State of Texas, Texas Department of Public
Safety, establishing responsibilities, policies, and guidelines for the Denton Police
Department to conduct Federal Safety Regulation Inspections; and providing an effective
date.
ID 21-1447I.
2. ITEMS FOR INDIVIDUAL CONSIDERATION
Consider approval of a resolution of the City of Denton abolishing The Community
Development Advisory Committee; and providing an effective date.
ID 21-1552A.
Consider adoption of an ordinance of the City of Denton repealing Article III, “Human
Services Committee,” of Chapter 14 of the Code of the City of Denton, Texas; and
providing an effective date.
ID 21-1553B.
Consider approval of a resolution of the City of Denton creating a Community Services
Advisory Committee to advise the city council on programs, services, and use of public
resources to address complex social problems such as economic instability, housing, and
homelessness and for meeting community service needs; and providing an effective date.
ID 21-979C.
Consider approval of a resolution of the City Council of the City of Denton for the
appointment of one member to the Board of Managers of the Denco Area 9-1-1 District
for a two-year term beginning on October 1, 2021 and ending on September 30, 2023,
and providing an effective date.
ID 21-1538D.
Consider adoption of an ordinance of the City of Denton authorizing the City Manager to
execute a Roadway Development Agreement between the City of Denton and Sagebrook
ID 21-791E.
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July 27, 2021City Council Meeting Agenda
Denton, LP, for the dedication and installation of transportation infrastructure at or
adjacent to the Sagebrook Addition; authorizing the expenditure of funds therefor;
authorizing acceptance of land and improvements; and providing an effective date.
Consider adoption of an ordinance of the City of Denton authorizing the City Manager to
execute a Park Development Agreement between the City of Denton and Sagebrook
Denton, LP, for the dedication of park land at the Sagebrook Addition; authorizing
acceptance of land; and providing an effective date.
ID 21-1514F.
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.
C E R T I F I C A T E
I certify that the above notice of meeting was posted on the official website
(https://www.cityofdenton.com/en-us/government/open/agendas-minutes) and bulletin board at City Hall, 215
E. McKinney Street, Denton, Texas, on July 23, 2021, in advance of the 72-hour posting deadline, as
applicable, and in accordance with Chapter 551 of the Texas Government Code.
__________________________________________
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 21-982,Version:1
AGENDA CAPTION
Receive a report, hold a discussion, and give staff direction regarding Audit Project 021 - Water System
Operations: Distribution.
City of Denton Printed on 7/23/2021Page 1 of 1
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City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Internal Audit
CITY AUDITOR: Madison Rorschach
DATE: July 27, 2021
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding Audit Project 021 – Water System
Operations: Distribution.
BACKGROUND
City of Denton Charter Article VI, Section 6.04 states, the City Internal Auditor is responsible for
providing an independent appraisal of City operations as directed by the City Council. These audits are
conducted in accordance with Generally Accepted Government Auditing Standards promulgated by the
US Government Accountability Office.
Per Government Auditing Standards, internal auditors should make audit reports available to the public
and should communicate results to the parties who can ensure that the results are given due consideration.
In order to meet these Government Auditing Standards, the City of Denton’s Internal Audit Procedures
Manual requires finalized audit reports to be presented to the City Council. Once presented, all published
reports can be found on the City of Denton’s Internal Audit Webpage.
DISCUSSION
This audit project is intended to evaluate the effectiveness of the City’s water system operations and has
been broken into three phases. The second phase – Distribution – is intended to provide assurance that the
City’s water distribution line maintenance activities are effective. The City currently maintains about 630
miles of water lines that distribute treated water to its customers. These water lines must be adequately
maintained, replaced, and repaired to minimize water losses and ensure continual services. Specifically,
this audit evaluated small water line replacement and water line leak repairs. Initial, detailed findings
from this audit project phase are presented in the attached Audit of Water System Operations: Distribution
report.
RECOMMENDATION
Staff recommends closing phase two, Distribution, of Audit Project 021 – Water System Operations until
a follow-up review is conducted to assess the implementation of the 12 issued recommendations. This
follow-up review will likely take place in the next eighteen to thirty-six months.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
This audit project was approved as part of the fiscal year 2020-21 Audit Plan adopted on October 6, 2020
and amended on March 16, 2021.
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
7
EXHIBITS
1. Agenda Information Sheet
2. Audit of Water System Operations: Distribution
3. Presentation
Respectfully submitted:
Madison Rorschach, 940-349-7228
City Auditor
8
Office of the City Auditor
Accountability Transparency Integrity Quality
215 E. McKinney St., Denton, TX 76201 (940) 349-7228
Audit of Water System
Operations
Distribution
The City of Denton’s water distribution
infrastructure is generally maintained
effectively. However, formalized asset
management planning and improved
record keeping would increase the
effectiveness of replacement
activities.
Additional staff guidance for leak
repairs would ensure compliance with
the City’s established practices and
statutory requirements.
Audit Team
City Auditor
Madison Rorschach, CIA, CGAP
Audit Staff
Neeraj Sama, MBA
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Audit of Water System Operations: Rate Structure June 2021
Audit Project #: 021 P a g e | 2
Table of Contents
Audit at a Glance ......................................................................................................... 3
Introduction ................................................................................................................... 4
Management Responsibility ...................................................................................... 4
Audit Objectives, Scope, and Methodology .......................................................... 4
Findings & Analysis ........................................................................................................ 6
Formal Asset Management Plan May Improve Replacement Planning .............. 6
Replacement Project Management Process Seems Adequate; Critical
Documentation Not Maintained .............................................................................. 8
Moratorium Checks and ROW Permit Requirements Not Established ................ 10
Replacement Project Material & Labor Costs Not Effectively Reconciled ........ 13
Replacement Project Infrastructure Not Capitalized Timely ............................... 15
Leak Repair Timeliness Can’t Be Determined Due to Data Limitations, Lack of
Parameters ................................................................................................................ 17
Additional Guidance Would Improve Compliance with Established Practices
and Requirements for Minor Maintenance ........................................................... 20
Safety Assurance Activities Generally Seem Effective ......................................... 22
Appendix A: Management Response Summary ..................................................... 25
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Audit of Water System Operations: Rate Structure June 2021
Audit report translations may be requested by emailing InternalAudit@CityofDenton.com.
Audit at a Glance
Why we did this Audit:
The City maintains about 630 miles
of water lines that distribute treated
water to customers. In order to
effectively provide water service,
the Water Department must
adequately maintain, replace, and
repair these water lines to minimize
water losses and ensure continual
service. This audit project was
included on the City’s fiscal year
2020-21 Audit Plan as approved by
the City Council. This report details
findings and recommendations
from phase two of the project.
What we Found:
This audit generally evaluated the City’s water
distribution maintenance activities including,
infrastructure replacement projects and leak repairs.
Findings about each of these operational areas are
summarized below:
Infrastructure Replacement Projects. The Department
has generally designed an effective process to
identify and carry out small water line replacement
projects; however, documentation of some critical
steps in this process is not well maintained.
Furthermore, the Department has not established
processes to ensure proper communication with
other stakeholders in the small water line
replacement process such as the Streets and Public
Works Inspections Divisions.
In addition, replacement project costs for labor and
materials are not adequately reconciled by the
Water Department to ensure new infrastructure value
is accurately calculated. Similarly, coordination issues
and lack of guidance on defined time periods for
closing projects may be delaying the capitalization of
replacement project infrastructure.
Leak Repairs. The Water Department does not
proactively identify leaks in the distribution system
and instead generally relies on resident reports. Due
to data limitations, it is not possible to determine how
quickly a leak is repaired after a report is received. In
addition, the Department has not established
parameters around how quickly repairs should be
made or to help prioritize repair work.
Finally, while some standard operating procedures
have been developed, there are inconsistencies in
how leak repair activities are documented,
potentially leading to quality issues.
What we Recommend:
Recommendation 1 & 2
Develop a formal asset
management plan & ensure
replacement projects are
adequately documented.
Recommendation 3 & 4
Clarify process for moratorium
checks and right of way permits
with the Streets and Public Works
Inspections Division.
Recommendation 5 & 6
Refine processes to reconcile
replacement project labor &
material costs.
Recommendation 7 & 8
Ensure replacement project
infrastructure is capitalized timely.
Recommendation 9 & 10
Develop formal parameters for leak
repair timeliness and prioritization.
Recommendation 11 & 12
Formalize guidance for staff on how
to complete work orders and
comply with safety requirements.
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Audit of Water System Operations: Distribution July 2021
Audit Project #: 021 P a g e | 4
Introduction
The Internal Audit Department is responsible for providing: (a) an independent
appraisal1 of City operations to ensure policies and procedures are in place and
complied with, inclusive of purchasing and contracting; (b) information that is
accurate and reliable; (c) assurance that assets are properly recorded and
safeguarded; (d) assurance that risks are identified and minimized; and (e)
assurance that resources are used economically and efficiently and that the
City’s objectives are being achieved.
The Internal Audit Department has completed a performance audit of the City’s
water distribution infrastructure projects and maintenance activities. We
conducted this performance audit in accordance with generally accepted
government auditing standards. Those standards require that we plan and
perform the audit to obtain sufficient, appropriate evidence to provide a
reasonable basis for our findings and conclusions based on our audit objectives.
We believe that the evidence obtained provides a reasonable basis for our
findings and conclusions based on our audit objectives.
Management Responsibility
City management is responsible for ensuring that resources are managed
properly and used in compliance with laws and regulations; programs are
achieving their objectives; and services are being provided efficiently,
effectively, and economically.
Audit Objectives, Scope, and Methodology
The Internal Audit Department has completed an audit of the City’s water
system distribution infrastructure projects and maintenance activities. This report
is intended to provide assurance that the City’s water distribution infrastructure is
effectively constructed and maintained.
This report is the second phase in an audit project series covering water system
operations. Phase One Rate Structure was published in June 2021 and Phase
Three Production is expected to be published in September.
Audit fieldwork was conducted during March, April, May, and June 2021. The
scope of review varied depending on the procedure being performed. The
following list summarizes major procedures performed during this time:
1 The City of Denton’s Internal Audit Department is considered structurally independent as
defined by generally accepted government auditing standard 3.56.
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Audit of Water System Operations: Distribution July 2021
Audit Project #: 021 P a g e | 5
➢ Reviewed documentation to develop criteria including industry standards,
best practices, policies, and procedures;
➢ Developed process narratives to identify current control activities in water
distribution maintenance and capitalization processes that were certified
by Water Department and Finance Department staff;
➢ Interviewed Water Department and Finance Department staff and
reviewed policies and procedures pertaining to water distribution projects;
➢ Interviewed Safety Department staff and examined safety measures and
standards observed in water distribution maintenance projects’ job sites;
➢ Reviewed a statistical sample2 of 262 work orders to verify the timeliness
and effectiveness of leak repairs;
➢ Reviewed six water distribution small water line replacement projects
completed since March 2020 to analyze and verify the management and
administration of those projects;
➢ Reviewed project closure and capitalization details of 21 small water line
replacement projects completed since November 2018 to verify that the
completed projects were timely closed and capitalized;
➢ Reviewed small water line replacement project documentation to
determine that moratorium check and right of way permit requirements
are being followed; and
➢ Reviewed small water line replacement project records to verify that
material and labor costs are regularly reconciled to ensure accurate cost
allocation.
2 This sample size provides with 95 percent confidence that the true population mean is within ±5
percent of the sample estimate.
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Audit of Water System Operations: Distribution July 2021
Audit Project #: 021 P a g e | 6
Findings & Analysis
The City of Denton’s water distribution system currently consists of a water line
network that provides water service to approximately 140 square miles. The
City's Water Department is generally responsible for maintaining the water lines
within this service area. Water distribution maintenance3 is generally broken into
two categories as shown in Figure 1:
Figure 1: Water Distribution Maintenance Activities
During fiscal year 2019-20 and fiscal year 2020-21, the Department completed
19 water line replacement projects with a total capitalized value of $2.61 million
and repaired almost 500 water line breaks.
This audit generally evaluated the City’s water distribution maintenance
activities including small water line replacement projects and water line leak
(i.e. from breaks or cuts) repairs – fire hydrant repairs, main and service taps, and
valve repairs were not reviewed.
Formal Asset Management Plan May Improve Replacement Planning
The Government Finance Officers Association best practices recommend that
local governments adopt formal policies for their capital improvement and
asset replacement activities. Additionally, the Environment Protection Agency
recommends that water utilities conduct asset management activities through
an asset management program and have an asset management plan covering
asset replacement and funding planning.
3 Water lines greater than 12 inches are generally replaced as part of the City’s capital
improvement process, which is managed by the City’s Capital Projects Delivery Division of the
Engineering Department.
Water Distribution
Maintenance Activities
Major Maintenance
In-house replacement of six to 12 inch water distribution lines
Minor Maintenance
Water line and fire hydrant break repairs, water main and service taps, valve repair
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Audit of Water System Operations: Distribution July 2021
Audit Project #: 021 P a g e | 7
What We Found
• The Water Department utilizes a geographic information-based asset
management and capital planning software, as an asset management
program for water line replacement projects.
o The asset management program recommends rehabilitation actions
for each section of water line based on predefined parameters
including: break rates, location information, condition score, criticality
score, and risk score.
o The Water Department's asset management program is administered
by an asset management group consisting of Water Department staff.
The asset management groups activities are generally overseen by the
asset management committee, which includes a Deputy Director and
Water Department Managers.
• The Water Department's asset management and replacement activities
appear to generally align with the Environmental Protection Agency’s best
practices on asset management except for formal financial and strategic
planning.
o Asset management related activities broadly cover asset inventory
planning, condition assessment, critical assets identification,
replacement planning and performance tracking.
o The asset management program has not been formally adopted
through an asset management plan covering that covers financial
and strategic planning aspects.
o The costs of replacement projects are generally recovered through the
City's water revenues. Budgeting for these projects is included in the
City's annual budgeting process.
• According to Water Department staff, the amount of water line to be
replaced is planned annually based on historical data and replacement
capacity.
o The Water Department planned to replace 16,000 linear feet of small
waterlines during fiscal year 2020-21 with an estimated cost of $27.2
million.
o The Water Department appears to have replaced 19,473 and 12,875
liner-feet of water lines during fiscal year 2019-20 and fiscal year 2020-
21, respectively.
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Audit of Water System Operations: Distribution July 2021
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Why It Matters
Adopting a comprehensive asset management plan would help increase the
effectiveness of the asset management program by providing clear guidance
to staff about the strategic and financial objectives of asset management and
replacement activities.
Additionally, having formal guidance on asset management activities would
help Water Department staff retain institutional knowledge and promote
consistency when planning for asset replacement.
Recommendation:
1. Develop and adopt a formal, comprehensive asset management plan,
including the annual asset replacement planning considerations and
strategic and financial planning objectives.
Water Department Comments: There is an asset management program
(Software) that the City currently uses to develop a list of annual asset
replacement projects. This program does not include strategic and financial
planning. Water Utilities staff will develop and adopt a comprehensive asset
management plan that includes strategic goals and financial planning
objectives to guide the long-term maintenance plan.
Replacement Project Management Process Seems Adequate;
Critical Documentation Not Maintained
The Project Management Body of Knowledge – PMBOK – provides best
practices on project management including five basic process groups and ten
knowledge areas typical of almost all projects. In general, the project
management process includes: initiating, planning, executing, controlling &
monitoring, and closing. PMBOK recommends the following knowledge areas for
effective administration of projects:
➢ Integration ➢ Resources
➢ Scope ➢ Communication
➢ Time ➢ Risk
➢ Cost ➢ Procurement
➢ Quality ➢ Stakeholders
What We Found
• The Water Department has developed a capital improvement process guide
for small water line replacement projects. Based on this guide, staff should
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Audit of Water System Operations: Distribution July 2021
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also document critical process steps in replacement projects as outlined in
Figure 2.
Figure 2: Water Line Replacement Project Critical Steps
o Based on a comparison of PMBOK’s best practices to the process
guide and other Water Department activities, the process followed for
managing replacement projects generally aligns with PMBOK’s
recommended knowledge areas and project management process.
• Small water line replacement projects are managed and tracked in the
Water Department’s work order system and the City’s collaborative work
management software. The Engineering Design Division designs plans for
these replacement projects.
• Based on a review of six small water line replacement projects completed
since March 2020, some project documentation needed for quality and
monitoring assurance was missing.
o Documentation relating to the 30-60-90 project design process and the
project completion walkthrough process could not be obtained.
o In addition, some documentation was not centrally stored in the
Department’s work order system or work management software.
According to Water Department staff, the City is working to implement
a new construction management software, which can centrally track
and store project documentation.
Plan
•Field Assessments
•Work Orders
•Asset Management Committee Review
Revise
•Project Scope
•Asset Management Committee Review
Schedule
•Moratorium Check
•Assess OPCC
•Design Request
•Project Construction Schedule
Design
•30-60-90 Design Process
•Finalized Design
Construct
•Material List
•Call Line Locate
•Traffic Planning
Record
•Walkthrough and Punch List Items
•Bacteriological Reports
•Request Capitalization
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• Established traffic impact planning was followed for all reviewed projects by
submission of a Utilities Traffic Impact Information Sheet (UTILITIIS).4
Why It Matters
PMBOK's methodology is recognized as an industry best practice for project
management. In general, the Water Department appears to have designed a
water line replacement project management process that follows this
methodology. That being said, without documenting critical steps in this process,
it is difficult to determine if projects were administered per the established
capital improvement project guide.
Specifically, ensuring the results from the final walkthrough are documented and
these punch list items are completed is essential for quality assurance. Similarly,
the capital improvement process guide calls for a 30-60-90 design process,
which is generally used to help focus design review by providing increasing
detail at each level. Ensuring that design plans and reviews are documented at
each of these stages should help to timely resolve any discrepancies found
during the process and save time and City's resources.
Recommendation:
2. Instruct Water Department staff to execute and maintain project documents
for the steps and activities prescribed under the capital improvement
process guide. Consider designating a central repository to facilitate
document retention.
Water Department Comments: Water Utilities staff is currently working on
implementing Procore (software) to manage the in-house asset replacement
projects. Once implemented, project documents, review’s, approvals,
walkthrough, etc. can be documented and stored at a central location for
easy access in the future.
Moratorium Checks and ROW Permit Requirements Not Established
Checking street moratorium and obtaining right of way – or ROW – permits are
important steps in planning water line replacement projects. City ordinance
requires every party, external or internal, to apply for a ROW permit if they plan
to engage in construction, excavation, or occupy a work area within or upon
any right of way.
4 Utilities Traffic Impact Information Sheet (UTILITIIS) is a form to be filled out in the Department’s work management
software for traffic impact planning for construction activities.
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Additionally, the City’s Streets Department currently places a moratorium on
streets that have recently been improved. These moratoriums are intended to
prevent the accelerated deterioration that comes when a street is cut into and
patched. Streets current practices state: “Utilities should request authorization to
be able to construct in [moratorium] areas.” In general, construction activities
are not permitted for projects under moratorium streets unless there is an
emergency.
What We Found
• The Water Department does not obtain ROW permits for small water line
replacement projects.
o A ROW permit was not obtained for any of the 21 completed projects
reviewed.
o According to Water Department staff, a ROW permit is not required to
be obtained for small water line replacement projects; however,
based on discussion with Public Works Inspections staff, who issue right
of way permits, it is unclear why these projects would be exempt from
the ordinance requirements.
o Water Department staff do generally obtain ROW permits for planned
minor maintenance activities.
• During the project planning phase, Water Department staff check
moratorium conflicts on a GIS map for the streets involved in proposed water
line replacement projects. Based on the review of moratorium information
available in the GIS map for 21 small water line replacement projects
completed since November 2018:
o Of the 21 projects, only two were at locations under a moratorium.
According to Water Department staff, in one of these instances the
moratorium was not identified before the project was initiated. For the
other project, Water Department staff stated they received approval
from Streets as the project was an emergency; however, there was no
documented evidence of this discussion or approval.
o There is currently no formal process or procedure for the Water
Department to receive documented approval to conduct work on a
moratorium road with the Streets Division for planned projects.
Development of this kind of process was originally recommended to
the Water Department as part of the 2019 Audit of Utility Street Cuts,
which reviewed the moratorium process for water distribution minor
maintenance activities.
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Why It Matters
The City requires all work in the right of way to be permitted in order to ensure
that the safe passage of pedestrian and vehicular traffic is maintained to the
greatest extent possible. While the City’s right of way ordinance does provide
some exemptions to this requirement, it is unclear how small water line
replacement projects qualify for one of these exemptions. For that reason, it is
important to clarify if a right of way permit is necessary for water line
replacement projects and, if so, that staff apply for these permits properly and in
a timely manner.
Additionally, newly improved streets are placed under a construction
moratorium in an effort to preserve their useful life, as any excavation weaken
the street’s integrity. For this reason, non-emergency work on water lines under
moratorium streets should be minimized as much as possible and emergency
work should be clearly communicated. Without proper documentation or a
formalized process for approving construction on moratorium streets, it is unclear
if all stakeholders were informed and approved of weakening the City’s streets
infrastructure.
Recommendations:
3. Clarify if the Water Department is required to obtain right of way permits for
its small water line replacement projects by consulting with the Public Works
Inspections Division and the City Attorney’s Office. If right of way permits are
required for small water line replacement projects, incorporate this step into
the water capital improvement process guide.
Water Department Comments: Water Utilities staff will consult with Public
Works staff and the City Attorney’s office to determine a path forward on the
right-of-way permit requirement for replacing water infrastructure.
4. Document and track formal approval from the Streets Division to perform
water distribution projects on water lines under moratorium streets. For
emergency projects, the Water Department should ensure that the Streets
Division is notified even if formal approval is received after the fact.
Water Department Comments: Water Utilities staff is currently working on
implementing Procore (software) to manage the in-house asset replacement
projects. Once implemented, the clearance of streets under moratorium can
be obtained from the Streets department through the RFI process in the
software.
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Replacement Project Material & Labor Costs Not Effectively
Reconciled
Labor and material costs are major components of in-house water distribution
project costs, which are ultimately capitalized as assets in the City’s accounting
records. Material usage and labor hours should be regularly reconciled to
ensure project costs are accurate and labor and materials are used efficiently.
What We Found
• Material for small water line replacement projects is generally obtained from
the City’s Warehouse Division.5
o Materials needed for each project are determined by the crew leader
based on the project plans. This materials list is then approved by the
Field Service Supervisor and forwarded to the Warehouse.
o According to Water Department staff, crews then pick up materials
from the Warehouse during construction as needed and do not collect
material that will not be used in the project; however, there is currently
no process to reconcile the materials used in the projects to those in
the Department’s work order system for each project.
o Each month, Warehouse staff do send a report of issued materials to
the Water Department. According to Water Department staff, this
report is used to ensure materials are charged to the correct account
and job code in the City’s financial system.
• Daily, each crew leader records labor hours in the work order of their active
project. Water crew members separately complete a physical timesheet,
which is used by the Water Department’s Administrative Assistant to record
labor hours to each project in the City’s time and attendance tracking
software. The Field Service Supervisor verifies that labor hours in the time
tracking software are accurately allocated to each project.
o Based on a review of randomly selected crew members’ 20 days’ work
hours in 14 cases, work hours were not appropriately logged in the
work order system or were inaccurately allocated to projects in time
and attendance tracking software in those cases.
5 Occasionally materials needed that are not in inventory are ordered through the standard
procurement process.
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• The City generally owns the equipment used in small water line replacement
projects, and a process is in place to record the equipment used for the
assigned project.
Why It Matters
Inaccurately recording material and labor costs lead to inaccurate project cost
estimation and reporting.
Specifically, reconciling materials used to those ordered for each project would
ensure that material costs have been correctly recorded in each replacement
project and that any unused material is accurately reported and returned.
Additionally, it would also help identify any discrepancies between estimated
project costs and costs associated with used materials. While only collecting
materials when they are needed does provide some assurance that materials
are not wasted, it does not completely ensure that all materials collected are
needed and recorded for each project.
Similarly, effectively reconciling labor hours in the work order system to those in
the City’s time keeping system would help the Water Department ensure project
costs are accurate.
Recommendations:
5. Consider implementing a reconciliation process to verify and confirm that
the materials obtained were used for the correct project and recorded in the
work order system and to ensure that any unused material is accurately
reported to Warehouse and returned.
Water Department Comments: Water Utilities will develop and implement a
process to confirm that the material checked out from the warehouse is
tracked and allocated to the appropriate project.
6. Evaluate opportunities to streamline the process of recording and allocating
water crew labor hours to projects. If a more streamlined process cannot be
implemented, ensure labor hour discrepancies between the work order
system and time keeping system are minimized.
Water Department Comments: Water Utilities staff will work on evaluating
opportunities for streamlining the allocation of labor hours to the appropriate
replacement project.
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Replacement Project Infrastructure Not Capitalized Timely
Project closure and asset capitalization are the final steps of small water line
replacement projects. Ideally, an asset should be capitalized when it is placed
in service and the economic benefit of that asset is being received. Therefore,
water project closure requests should be communicated as soon as a project is
completed, enabling the Finance Department to initiate the capitalization
process timely.
What We Found
• After completing a small water line replacement project, a Water
Department project manager is required to submit a project closure request
to the Finance Department. In order to complete a replacement project, not
only does the water line have to be replaced, but all costs associated with
the right of way restoration must also be finalized.
o Of the 21 reviewed projects with complete water line replacement
since November 2018, six closure requests have not yet been submitted
to the Finance Department. These projects have been open after the
replacement was finished between three and 22 months.
o Based on review of the 15 capitalized projects, it takes an average of
eight months from water line replacement completion for Water
Department staff to request project closure. The time taken from water
line replacement to closure request to capitalization for these projects
is illustrated in Figure 3.
Figure 3: Timeliness of Replacement Project Capitalization6
6 The timeliness presented here are based on the estimated project end dates recorded in the Department’s work
management software.
0%
20%
40%
60%
80%
Less than 3
Months
Less than 6
Months
Less than 9
Months
Less than 1 Year Greater than 1
YearPercent of Projects ReviewedTime from Replacement to Closure Request
Time from Closure Request to Capitalization
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o There are currently no guidelines to define how long it should take after
the water line replacement is complete before requesting the project
be closed.
• In general, it took the Finance Department less than three months to
capitalize water projects after receiving a closure request as illustrated in
Figure 3.
o According to the Finance Department, sometimes capitalization may
be delayed due to a higher number of transactions involved in closing
the project or because additional capitalization information may be
needed from the Department.
• According to Finance’s Budget Division staff, they generally discuss project
closures with the Water Department as part of the preparation for the
quarterly capital improvement project department presentation; however,
Finance’s Accounting Division, which is responsible for closing and
capitalizing infrastructure projects, has not typically been included in these
meetings. The Accounting Division has developed a formal Project Closure
Request Form that must be submitted to initiate the closure and
capitalization process.
• Of the 15 capitalized projects, nine projects valued at around $2.5 million
had not been capitalized by the end of the applicable fiscal year.
o It should be noted that the City does not lose depreciation benefits if
expenses incurred under the project were not capitalized in the in the
fiscal year. In addition, project costs not yet capitalized are included
as construction work in progress in the City’s financial statements.
o Furthermore, the City of Denton’s independent auditor’s report on the
comprehensive annual financial report for fiscal years 2017-18, 2018-19,
and 2019-20 did not identify any material misstatements.
Why It Matters
Timely capitalization of capital projects is crucial for effective record keeping
per government accounting standards. Based on discussions with Finance and
Water Department staff, most delays appear to be due to coordination issues
between the Water and Finance Departments during the closure and
capitalization process. Similarly, without guidelines for how quickly project
closure should be requested after the water line is replaced, the capitalization
process may be delayed as project managers shift their focus to other active
projects while restoration work is being completed and paid.
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Recommendations:
7. Streamline the communication process for the closure and capitalization of
water distribution projects between the Water and Finance Departments.
Water Department Comments: Water Utilities staff will work with Finance staff
to develop and implement a process for streamlining the closure and
capitalization of the replaced water assets.
Finance Department Comments: The Finance Department is now utilizing
Smartsheet software for tracking project maintenance requests. This includes
project set up, project funding, project closure, and fixed asset
capitalization in JDE. Finance maintains a database of all completed
requests and will be implementing a process to communicate with
departments monthly regarding job status.
8. Establish guidelines for how quickly a replacement project closure request
should be submitted to Finance after completing construction. While not all
projects may meet this guidance due to delays, guidance will help ensure
projects are closed as quickly as possible.
Water Department Comments: Water Utilities will work with Finance staff on
developing guidelines for closing a project in a timely manner.
Leak Repair Timeliness Can’t Be Determined Due to Data Limitations,
Lack of Parameters
The bulk of minor maintenance activities include water line leak repairs. During
the past three years, about 800 work orders relating to water main break and
service line repairs were created and completed. The leak repair process is
briefly outlined in Figure 4.
Figure 4: Minor Maintenance Process
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In order to ensure that reported leak incidents are timely completed, there
should be parameters around how quickly water leak repairs are completed
after being reported that are tied to the type and urgency of each work order.
What We Found
• Water leak incidents are generally reported by Denton Residents to City staff
via phone calls or through the City's 'EngageDenton’ web portal. According
to Water Department staff, a work order should be created for all reported
leaks in order to tracked and manage work; however based on a review of a
statistical sample of 262 work orders, it is unclear how quickly after a leak is
reported it is repaired.
o Based on a review of work order creation dates to repair completion
dates, almost one fourth of work orders are created after the repair is
complete as shown in Figure 5, indicating that the work order was not
created on the same day that the leak was reported.
Figure 5: Time Between Repair Completion and Work Order Creation
•Report Water Leak Incident via Phone or Engage Denton
Denton Resident
•Create Work Order
Cus. Ser. / Water/ Utility Disp. Dep.•Water Crews Complete Leak Repair
•Supervisor Verifies Work Order
•Admin. Asst Closes Work Order
Water Department
Repair
Completed
Before
24%
Repair
Completed
on Same
Day
45%
< 3 Days
11%
> 3 Days
20%
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o According to Water Department staff, leak repair requests are
generally completed as quickly as possible on a first-come, first-serve
basis. Formal parameters for how quickly leak repair work orders should
be created and completed after being reported have not been
established.
• Based on review of a statistical sample of 262 work orders created from 2018
to 2021, water leaks generally only take one day to repair after work is
begun.
o Leak repairs for 74 percent of work orders were completed on the
same day the crew started repairing the leak and another 23 percent
were completed within seven days.
• Similarly, guidelines for categorizing repair work as general or emergency
have not been defined. Instead, work orders are automatically categorized
by the work order system depending on the nature of work selected.
o About 93 percent of reviewed leak repair work orders were
categorized as emergencies. According to Water Department staff,
emergency work orders for repairing major leaks are completed as
soon as possible; however, as previously discussed, due to data issues,
it is difficult to tell how quickly after being reported these leaks were
repaired.
• Water Department staff do not have a process to proactively identify leaks in
the water distribution system.
o According to Denton’s 2019 Water Loss Audit,7 real losses (i.e. from line
breaks or leaks) accounted for about 9 percent of water produced. In
addition, the Audit calculated that Denton’s water system had an
infrastructure leakage index8 of 2.13, which is within the appropriate
target range for the City based on American Water Works Association
guidance.
Why It Matters
Establishing parameters for when leak repair work orders should be created and
completed would help staff prioritize repair work and further minimize the City’s
real water losses. It would also help regulate the time taken in restoration work
and permit inspections, benefiting the residents.
7 The Water Loss Audit is generally completed each year by Water Department staff. Results for
this Audit were not independently verified as part of this audit.
8 The infrastructure leakage index is a ratio of estimated unavoidable real losses based on the
water system’s design to calculated real losses. For example, an index of three would mean real
losses are three times higher than unavoidable real losses.
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Additionally, establishing criteria for general and emergency work orders would
help staff assign and complete work orders by priority according to the nature
and urgency of the repair work.
Recommendations:
9. Establish parameters for how quickly leak repair work orders should be
created and completed.
Water Department Comments: Water Utilities will work on developing an
appropriate level of service plan that will establish the parameters and
timeframes for minor maintenance activities.
10. Define criteria for general and emergency work orders to help further
prioritize repairs.
Water Department Comments: Water Utilities will work on developing criteria
for defining general and emergency work orders to help prioritize repairs.
Additional Guidance Would Improve Compliance with Established
Practices and Requirements for Minor Maintenance
In order to be a work order system effective, work orders should contain
complete information about the job performed for review.
What We Found
• Performing a leak repair includes various activities such as obtaining a right of
way permit, calling a utility line locate9 and arranging street restoration work.
As per the work order approval process followed, once the water crew
completes the work order, a Field Service Supervisor reviews the work order
to verify the job completed.
• Based on a review of sample 262 work orders, it was observed that support
documentation for leak repair activities is not consistently attached with work
orders.
o About 11 percent of work orders did not have any pictures of the job
site or work performed. Job site pictures are essential to verify that
completed work is adequate before the supervisor closes the work
order as they are not always onsite.
o Right of way permit details are not available in the work order system
for about 25 percent of work orders. The Water Department has
9 The Texas One-Call law requires everyone digging 16 inches or deeper at any site using mechanical equipment to call
811 Line Locate at least two working days before beginning excavation.
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recently started recording and tracking the right of way permit based
on work order number.
o About 47 percent of work orders did not have documentation
indicating that a utility line locate call was made.
o About 32 percent of work orders did not have attached
documentation showing that contracted right of way restoration had
been paid. Based on a review of ten randomly selected work orders,
the invoices were paid according to the contracts executed with the
contractors.
• The Water Department has developed standard operating procedures for
performing minor maintenance activities that contain guidance and
instructions, including the steps, job procedures, and safety guidelines;
however, standard operating procedures for creating and completing
work orders for minor maintenance activities are in draft form and have
not yet been implemented. Additionally, these draft procedures do not
contain guidance on:
o Staff responsible for creation and closure of work order in the work
order system;
o Documentation to be attached to each work order such as number
and type of pictures, right of way permit information, and
restoration work invoices; and
o Steps and requirements for calling for a utility line locate.
Why It Matters
Supporting documents attached to leak repair work orders provide assurance
that the repair was completed following the City's established practices and
statutory requirements. Without a copy of the right of way permit or permit
number or a reference number for the utility line locate, it is difficult to determine
if leak repairs followed State and City regulations around construction work in
the right of way.
In addition, attaching all records relating to restoration work to each work order
would act as a repository for the Water Department staff for future reference
and tracking for timely completion and payment.
Finally, adopting formal standard operating procedure that incorporate the
requirements mentioned earlier would provide the Water Department staff with
institutional knowledge, facilitate consistency, help navigate emergency
situations and provide further clarity on water maintenance work and
responsibilities.
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Recommendation:
11. Finalize and implement draft standard operating procedures for creating
work order and documenting minor maintenance activities. Procedures
should cover staff responsible for creating, approving, and closing work
orders, information about utility line locates, and details of work order
supporting documentation attachments.
Water Department Comments: Water Utilities will develop and implement
standard operating procedures for creating work orders and properly
documenting the minor maintenance activities in Cityworks.
Safety Assurance Activities Generally Seem Effective
Best practices recommend that water utilities have a safety program based on
a 'Job Safety Analysis.' According to Occupational Health and Safety Standards,
job safety analysis means studying and recording steps and hazards involved in
a job and determining the best ways to perform the job to reduce or eliminate
these hazards.
Therefore, a job safety manual or standards based on job safety analysis as part
of the safety program would help the Water Department staff understand and
follow the safety measures and standards observed in the water distribution
maintenance projects.
What We Found
• The Water Department staff regularly attends safety training organized by the
Safety Department. The Safety Department has determined training needs
based on the job requirements and the risks involved in water distribution
maintenance projects.
o As part of the Safety Department’s initiatives, a safety committee
consisting of Water and Safety Department staff has been formed that
meets monthly to discuss safety concerns, procedures, and initiatives.
o The Safety Department staff also regularly meets with Water
Department staff to discuss any safety concerns and get feedback.
• Safety on water distribution project job sites is monitored through safety
inspections carried out by the Safety Department.
o The assigned Safety Manager conducts weekly safety inspections at
water distribution project job sites to verify that work is appropriately
carried out to ensure the safety of water crews and residents.
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o Safety inspections are conducted using an inspection checklist. The
results of these inspections are generally discussed with the site crew
and supervisor onsite.
o Results of inspections are recorded in the City’s collaborative work
management software, along with the discrepancies observed, and
corrective measures are taken.
• A job site safety practices and standards manual has not been developed to
aid water crews in complying with the safety checklist.
o The Safety Department is in the process of developing policies and
procedures to ensure safety in the City's operations.
o The safety inspections checklist created by Safety Department staff
appears to be in line with the activities undertaken in the water
distribution maintenance projects.
Why It Matters
Education and specialized safety training are important tools for making
construction crews aware of the hazards and safety procedures involved in their
jobs. If any safety incident happens at a job site, it may result in injury to City staff
and financial losses, and project delays.
The Safety Department provides knowledge and education to water crews
through safety training and safety inspection feedback. However, without a
construction project safety manual, water crew members may not know what
safety standards they are required to follow to reduce job site hazards and
avoid injury and loss.
A comprehensive safety manual describing the safety standards and
procedures would help provide clear guidance to water crews on how to
adhere to the safety measures incorporated in the compliance checklist utilized
by the Safety Department staff for water distribution maintenance projects
safety inspections.
Recommendation:
12. Develop a water distribution maintenance projects safety manual in
consultation with Safety Department for water crews’ guidance. The manual
should for based on job safety analyses to reduce job site hazards and avoid
injury and loss.
Water Department Comments: Water Utilities will work with Safety staff on
developing a safety manual for water distribution maintenance projects.
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Safety Department Comments: The Safety Department will work with Water
Utilities to develop a safety manual that defines safe work practices and
standards to be used during work activities.
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Appendix A: Management Response Summary
The following summarizes the recommendations issued throughout this report. The
auditors found that staff and the Department were receptive and willing to make
improvements where needed. Management has provided their response to each
recommendation.
1
Develop and adopt a formal,
comprehensive asset management plan,
including the annual asset replacement
planning considerations and strategic and
financial planning objectives.
Concur
Expected
Completion:
Dec 2022
Water Department Comments: There is an asset management
program (Software) that the City currently uses to develop a
list of annual asset replacement projects. This program does
not include strategic and financial planning. Water Utilities
staff will develop and adopt a comprehensive asset
management plan that includes strategic goals and financial
planning objectives to guide the long-term maintenance
plan.
Responsibility:
Water Utilities
2
Instruct Water Department staff to execute
and maintain project documents for the
steps and activities prescribed under the
capital improvement process guide.
Concur
Expected
Completion:
September 2021
Water Department Comments: Water Utilities staff is currently
working on implementing Procore (software) to manage the
in-house asset replacement projects. Once implemented,
project documents, review’s, approvals, walkthrough, etc.
can be documented and stored at a central location for easy
access in the future.
Responsibility:
Water Utilities
3
Clarify if the Water Department is required
to obtain right of way permits for its small
water line replacement projects by
consulting with the Public Works
Inspections Division and the City Attorney’s
Office.
Concur
Expected
Completion:
September 2021
Water Department Comments: Water Utilities staff will consult
with Public Works staff and the City Attorney’s office to
determine a path forward on the right-of-way permit
requirement for replacing water infrastructure.
Responsibility:
Water Utilities
4 Document and track formal approval from
the Streets Division to perform water Concur Expected
Completion:
September 2021
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distribution projects on water lines under
moratorium streets.
Water Department Comments: Water Utilities staff is currently
working on implementing Procore (software) to manage the
in-house asset replacement projects. Once implemented, the
clearance of streets under moratorium can be obtained from
the Streets department through the RFI process in the
software.
Responsibility:
Water Utilities
5
Consider implementing a reconciliation
process to verify and confirm that the
materials obtained were used for the
correct project and recorded in the work
order system and to ensure that any
unused material is accurately reported to
Warehouse and returned.
Concur
Expected
Completion:
July 2022
Water Department Comments: Water Utilities will develop and
implement a process to confirm that the material checked out
from the warehouse is tracked and allocated to the
appropriate project.
Responsibility:
Water Utilities
6
Evaluate opportunities to streamline the
process of recording and allocating water
crew labor hours to projects.
Concur
Expected
Completion:
July 2022
Water Department Comments: Water Utilities staff will work on
evaluating opportunities for streamlining the allocation of
labor hours to the appropriate replacement project.
Responsibility:
Water Utilities
7
Streamline the communication process for
the closure and capitalization of water
distribution projects between the Water
and Finance Departments.
Concur
Expected
Completion:
City Wide –
January 2022
Water Department Comments: Water Utilities staff will work with
Finance staff to develop and implement a process for
streamlining the closure and capitalization of the replaced
water assets.
Finance Department Comments: The Finance Department is
now utilizing Smartsheet software for tracking project
maintenance requests. This includes project set up, project
funding, project closure, and fixed asset capitalization in JDE.
Finance maintains a database of all completed requests and
will be implementing a process to communicate with
departments monthly regarding job status.
Responsibility:
Water Utilities and
Finance
8 Establish guidelines for how quickly a
replacement project closure request Concur Expected
Completion:
January 2022
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should be submitted to Finance after
completing construction.
Water Department Comments: Water Utilities will work with
Finance staff on developing guidelines for closing a project in
a timely manner.
Responsibility:
Water Utilities
9
Establish parameters for how quickly leak
repair work orders should be created and
completed.
Concur
Expected
Completion:
July 2022
Water Department Comments: Water Utilities will work on
developing an appropriate level of service plan that will
establish the parameters and timeframes for minor
maintenance activities.
Responsibility:
Water Utilities
10 Define criteria for general and emergency
work orders to help further prioritize repairs.
Concur Expected
Completion:
January 2022
Water Department Comments: Water Utilities will work on
developing criteria for defining general and emergency work
orders to help prioritize repairs.
Responsibility:
Water Utilities
11
Finalize and implement draft standard
operating procedures for creating work
orders and documenting minor
maintenance activities.
Concur
Expected
Completion:
January 2022
Water Department Comments: Water Utilities will develop and
implement standard operating procedures for creating work
orders and properly documenting the minor maintenance
activities in Cityworks.
Responsibility:
Water Utilities
12
Develop a water distribution maintenance
projects safety manual in consultation with
Safety Department for water crews’
guidance.
Concur
Expected
Completion:
July 2022
Water Department Comments: Water Utilities will work with
Safety staff on developing a safety manual for water
distribution maintenance projects.
Safety Department Comments: The Safety Department will
work with Water Utilities to develop a safety manual that
defines safe work practices and standards to be used during
work activities.
Responsibility:
Water Utilities and
Safety
35
Audit of Water System
Operations: Distribution
Madison Rorschach
City Auditor
Internal Audit Department
July 27, 2021
136
Purpose of the Audit
2
•Audit evaluated water distribution maintenance activities, including:
•Small water line replacement; and
•Water line leak repairs.
•Water lines must be adequately maintained, replaced, & repaired to minimize losses & ensure continual service.
Water Distribution Maintenance
Activities
Major
Maintenance
In-house
replacement of
six to 12 inch
water distribution lines
Minor
Maintenance
Water line and
fire hydrant break
repairs, water
main and service taps, valve repair
ID 21-982
37
3
•Current asset management program generally aligns with
best practices; however, long-term financial or strategic
goals are not defined.
•Safety assurance activities including training, meetings,
and site inspections, for water distribution projects
generally seem effective.
•Development of a comprehensive safety manual would provide
clear guidance to staff on safety standards.
Additional Formal Guidance would Improve
Operations
ID 21-982
38
4
Water Line Replacement Project Critical Steps•Small water line replacement project process follows best practices.
•Some project step docs. missing including:
•30-60-90 design documents;
•Walkthrough & punch list reports.
•Process for checking street moratoriums & obtaining right of way permits not well defined.
Some Critical Replacement Project
Documentation Not Maintained
ID 21-982
Plan
•Field Assessments
•Work Orders
•Asset Management Committee Review
Revise
•Project Scope
•Asset Management Committee Review
Schedule
•Moratorium Check
•Assess OPCC
•Design Request
•Project Construction Schedule
Design
•30-60-90 Design Process
•Finalized Design
Construct
•Material List
•Call Line Locate
•Traffic Planning
Record
•Walkthrough and Punch List Items
•Bacteriological Reports
•Request Capitalization
39
5
•Practices to record project material costs don’t completely ensure all collected materials are used for each project.
•Project labor hours are not effectively reconciled between Water’s work order system and the City’s timekeeping system by Water staff, which may lead to inaccurate project cost allocation.
•Capitalization of project infrastructure may be delayed due to interdepartmental coordination issues & lack of project closure guidance for Water project managers.
Replacement Project Administrative Practices
Not Entirely Effective
ID 21-982
40
6
Time Between Repair Completion & WO Creation•No formal guidelines have been developed for how quickly leaks should be repaired or how repairs should be prioritized.
•Data limitations hinder determination of leak repair timeliness.
Leak Repair Timeliness Can’t be Determined
due to Data Limitations, Lack of Parameters
ID 21-982
Repair
Completed
Before
24%Repair
Completed
on Same
Day
45%
< 3 Days
11%
> 3 Days
20%
•The Department has developed some standard operating procedures; however, they do not address the work order creation & closure process, work order supporting documentation, or utility line locate steps.
41
7
Management Response Summary
Rec.Recommendations*Response Implementation Actions*
1 Adopt a formal asset management plan.Concur Will develop & adopt a comprehensive asset management plan.
2 Execute and maintain critical replacement project documents.Concur In process of implementing a project management software.
3 Clarify if Water must obtain ROW permits for replacement projects.Concur Will consult with Public Works & Legal staff.
4 Document formal approval from Streets to perform projects on moratorium
streets.Concur In process of implementing a project management software, which will
be able to track clearance of street moratoriums.
5 Consider implementing a reconciliation process for project materials.Concur Will develop process to confirm materials are allocated to the
appropriate project.
6 Evaluate opportunities to streamline the recording of water crew labor
hours.Concur Will evaluate opportunities to streamline allocation of labor.
7 Streamline the communication process for closing & capitalizing water
projects.Concur Will work with Finance to streamline closure & capitalization of assets.
8 Establish guidelines for how quickly replacement projects should be closed.Concur Will work with Finance to develop guidelines for closing projects timely.
9 Define criteria for general & emergency work orders.Concur Will develop criteria to define general & emergency work orders.
10 Establish parameters for how quickly minor maintenance work orders should
be created & completed.Concur Will develop level of service plan that establishes parameters &
timeframes for minor maintenance activities.
11 Implement standard operating procedures.Concur Will develop SOPs for creating & documenting minor maintenance.
12 Develop a water distribution maintenance project safety manual.Concur Will work with Safety to develop safety manual.
*Detailed recommendations and implementation actions can be seen in the full audit report.
ID 21-982
42
Questions?
8
Madison Rorschach
City Auditor
Internal Audit Department
ID 21-982
43
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 21-456,Version:1
AGENDA CAPTION
Receive a report, hold a discussion, and give staff direction regarding FY 2021-22 departmental budget
presentations for Fleet, Capital Projects/Engineering, Development Services/Real Estate, Solid Waste, Water,
Wastewater/Drainage, Environmental Services and Streets.
City of Denton Printed on 7/23/2021Page 1 of 1
powered by Legistar™44
City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Finance
ACM/CFO: David Gaines
DATE: July 27, 2021
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding FY 2021-22 departmental budget
presentations for Fleet, Capital Projects/Engineering, Development Services/Real Estate, Solid Waste,
Water, Wastewater/Drainage, Environmental Services and Streets.
BACKGROUND
The purpose of this work session and the work sessions scheduled through June and July 2021 is to have
each City Department give a brief presentation to City Council. Each presentation will cover the prior
year accomplishments, future goals, supplemental package requests, if applicable, and the proposed FY
2021-22 Budget. The planned presentations for this meeting are from Fleet, Capital Projects/Engineering,
Development Services/Real Estate, Solid Waste, Water, Wastewater/Drainage, Environmental Services
and Streets. The City Manager’s proposed budget is scheduled to be presented to City Council on August
2, 2021.
The department presentations are attached to this item.
EXHIBITS
Exhibit 1 – Agenda Information Sheet
Exhibit 2 – Fleet Presentation
Exhibit 3 – Capital Projects/Engineering Presentation
Exhibit 4 – Environmental Services Presentation
Exhibit 5 – Streets Presentation
Exhibit 6 – Development Services/Real Estate Presentation
Exhibit 7 – Solid Waste Presentation
Exhibit 8 – Solid Waste Rate Presentation
Exhibit 9 – Water Presentation
Exhibit 10 – Water Rate Presentation
Exhibit 11 – Wastewater Presentation
Exhibit 12 – Water Rate Audit Follow-up Memo
Respectfully submitted:
Cassandra Ogden
(940) 349-7195
Director of Finance
Prepared by:
Nick Vincent; Assistant Finance Director 940-349-8063
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
45
FY 2021-22 Budget Presentation
Fleet Services Department
July 27, 2021 ID21-456 46
Fleet ServicesOrganizational Chart
2
General Manager of Public Works
Fleet Superintendent
Administrative
Supervisor
Fleet Administrator
Administrative Assistant IV
Fleet Supervisor
Assistant Fleet Supervisor
2nd Shift
Technicians -4
Assistant Fleet Supervisor
Solid Waste
Technicians -5
Emergency Vehicle Supervisor/Technician -1
Emergency Vehicle Technicians -2
Fleet Technicians -7
Contracted Parts NAPA –4
July 27, 2021 ID21-456 47
Fleet ServicesFTE Summary
FTEs FY 19-20 FY 20-21 FY 21-22
Fleet
820100 26 26 26
3July 27, 2021 ID21-456 48
Budget
Overview
4July 27, 2021 ID21-456 49
Fleet ServicesFY 2020-21 Accomplishments
▸Gained approval for Fleet Services shop expansion
▸Implemented COVID safety protocols for on-site staff
▸Disinfected over 400 fleet vehicles
▸Sustained normal operations throughout winter event
▸Installed GPS systems on all new fleet vehicles
▸Added vehicle procurement and repair contracts
5July 27, 2021 ID21-456 50
Fleet ServicesFY 2021-22 Goals
▸Improve Fleet response and repair turn-around time
▸Improve vehicle & equipment repair processes
▸12 bay Fleet Services shop expansion
▸6 bay Fleet Services (Landfill) shop construction
▸Expand vehicle sharing program & utilization
▸Upgrade current diagnostic hardware and software
▸Complete fueling infrastructure mandates -TCEQ
6July 27, 2021 ID21-456 51
Budget
Highlights
7July 27, 2021 ID21-456 52
8
Fleet Sevices Budget Highlights
Revenues FY 2019-20
Actuals
FY 2020-21
Budget
FY 2020-21
Estimate
FY 2021-22
Preliminary
Fuel Sales (Internal)$1,728,038 $2,076,200 $2,013,900 $3,007,900
Fuel Sales (External)580,000 580,000 580,000 824,000
Parts &
Maintenance 6,650,324 6,890,000 6,974,668 7,085,108
Fleet Rental 20,675 30,000 30,070 20,000
Sublet Repair 1,190,220 1,250,000 1,252,929 1,375,000
Miscellaneous 136,004 10,000 10,023 10,000
Interest 4,747 5,000 5,012 4,700
Uses of Reserves 113,928 ---
Total $10,423,936 $10,841,200 $10,866,602 $12,326,708
July 27, 2021 ID21-456 53
9
Fleet Services Budget Highlights
Expenses FY 2019-20
Actuals
FY 2020-21
Budget
FY 2020-21
Estimate
FY 2021-22
Preliminary
Personnel Services $2,521,878 $2,469,692 $2,568,000 $2,604,907
Materials and shop
supplies 109,069 99,100 100,000 124,600
Fuel (Internal)1,756,120 2,076,200 2,013,900 3,007,900
Fuel (External)580,000 580,000 580,000 824,000
Maintenance 26,463 70,000 70,000 90,000
Insurance 40,929 47,084 47,000 48,497
Miscellaneous Expense ---1,105
Operations 4,760,652 4,730,980 4,730,080 4,747,930
Cost of Service 628,825 757,622 757,622 877,769
Total $10,423,936 $10,830,678 $10,866,602 $12,326,708
July 27, 2021 ID21-456 54
Questions?
10July 27, 2021 ID21-456 55
FY 2021-22 Budget Presentation
Capital Projects/EngineeringDepartment
ID#21-455, July 27, 2021
56
Presentation Team
2
Rebecca Diviney, PE
City Engineer
Director of Capital Projects
Rachel Wood
Deputy Director of Capital
Projects
Trevor Crain
Public Works Inspections
Manager
ID#21-455, July 27, 2021
57
Capital Projects/EngineeringOrganizational Chart
3ID#21-455, July 27, 2021
Development
Review
Engineering Services
Real Estate
Engineering Design
Capital Project
Delivery
Public Works
Inspection
58
Capital Projects/EngineeringOrganizational Chart
4
Key Hires:
Trevor Crain: Public Works Inspections Manager
Nathan George: Senior Planner –Bicycle, Pedestrian ADA ID#21-455, July 27, 2021
*Includes Floodplain Administrator
(reports to Deputy City Engineer)
**Includes Senior Planner –Bicycle,
Pedestrian, ADA Coordinator
(reports to Deputy City Engineer)
59
Budget
Overview
5ID#21-455, July 27, 2021
60
Capital Projects/EngineeringFY 2020-21 Accomplishments▸New Construction Specifications and Standard Details for City Construction Projects Effective
January 15, 2021
▸Implementation of Alternative Delivery Methods –Construction Manager at Risk
(Southeast Denton Phase II is the first project using this methodology)
▸External Review of Estimates at Completion –Outside consultant is reviewing active
construction projects to improve the accuracy of project cost estimates
▸Procore -Project Management Software Implementation underway with a goal to have system
fully operational by October 2021
▸Implementation of new Cross-Departmental Change Board to enhance the level of internal
review for proposed design amendments and contract change orders
▸Enhanced Stakeholder Engagement:
▹Increased volume of community meetings and website enhancements such as Discuss
Denton and the new Interactive CIP Map
▹Recurring Stakeholder Meetings Established :•Internal Stakeholders: Finance, Purchasing, Real Estate, Fire, Parks, DME, Water and
Wastewater Utilities, Streets, Drainage, Traffic Operations •External Stakeholders: TXDOT, UNT, TWU, DISD, NCTCOG
6ID#21-455, July 27, 2021
61
Capital Projects/EngineeringFY 2021-22 Goals
▸Development of Comprehensive Five-Year Capital Improvement Program
▸Enhanced Focus on Bicycle and Pedestrian Mobility and Improved Integration
with Existing Capital Projects
▸Finalize Schedule and Implementation Plan for the 2019 Street Reconstruction
Bond Program
▸Finalize Project Management Manual Completion and Organization-wide Training
▸Right-of-Way Permitting Process Automation
▸Utility Coordinator Position Hired and Improved Project Coordination with
Franchise and Internal Utilities
▸Construction Specifications and Standard Details Implemented for Private
Development Projects
▸Significant Completion of the 2012 and 2014 Bond Program, Currently Projecting
December 2022 Completion
7ID#21-455, July 27, 2021
62
Budget
Highlights
8ID#21-455, July 27, 2021
63
9
ENGINEERING 5 Year Forecast
ID#21-455, July 27, 2021
64
ENGINEERINGFTE Summary
FTEs FY 19-20 FY 20-21 FY 21-22
840001
Engineering Administration -4 4
840100
Capital Projects Division 22 17 9
840200
Public Works Inspections Division 14 14 15
840300
Development Review 2 --
840400
Real Estate 6 6 6
840500
Engineering Division 6 5 12
Total 50 46 46 10ID#21-455, July 27, 2021 65
Questions?
11ID#21-455, July 27, 2021
66
FY 2021-22 Budget Presentation
Environmental Services
ID21-456, July 27, 2021 67
Budget
Overview
2ID21-456, July 27, 2021 68
Org Chart
Env Servs & Sustainability Dir
Vacant
Sustainability Mgr.
K. Barnett
Admin Asst. 1
O. Smith
Sustainability Coord.
R. Siebert
Conservation Prog. Coord.
J. Douglas
Sustainability Intern (.5)
Waste Reduction Prog Coord. Residential
J. Amador
Waste Reduction Prog. Coord.
Schools
Vacant
Recycling Interns
(1)
Env. Servs
Assist. Dir
D.Viera
Watershed Protection Mgr
J. Dailey
Watershed Protection Coord
Z. Peterson
Stormwater Specialist
Z. Rowen
Stormwater Inspector
A. Landers
Stormwater Inspector
A. Parsons
Interns (4)
Laboratory Mgr
F. Schwalm
Microbiologist
A. Barker
LIMS Specialist
T. Burton
Senior Chemist
J. Gomez
Wet Chemist
G. Meeker
Qual Control Supr
M. Diosdado
Lab Tech
C. Hastings
Lab Tech
C. Phillips
Lab Tech
D. Such
Industrial Pretreatment
J. Wilson
Pretreat. Spec. II
R. Celan
Pretreat. Spec. I
M. Davidson
Pretreat. Spec. I
S. Robertson
Pollution Prevention Supr
E. Garcia
Env. Monitoring Tech.
Vacant
Env. Monitoring Tech
P. Tay
Transportation Permit Spec
S. White
Gas Well Inspections
Env. Compl Coord
C. Upton
Landfill Compliance
ID21-456, July 27, 2021 69
FTE Summary
FTEs FY 19-20 FY 20-21 FY 21-22
Sustainability*-5.5 4.5
Watershed
Protection 8 8 9
Laboratory 9 9 9
Industrial
Pretreatment 7.5 7.5 7.5
Public Outreach 3 3 3
Total 27.5 33 33
4
•New FTEs
1 FTE Stormwater Inspector in Watershed Protection
*New HBU 20-21, 1 FTE transferred to Parks with Clear Creek 21-22
ID21-456, July 27, 2021 70
FY 2020-21 Accomplishments
5
Sustainability
•Adopted Simply Sustainable Framework
•Established Sustainability Framework Implementation Advisory
Committee
•2019 Community Greenhouse Gas Emissions reduced 36.5%
compared to 2006 baseline
•Modified SW&R community and school engagement (COVID-
19)
•Apartment Recycling Audit and Education Program
•Comprehensive Solid Waste Management Strategy
Environmental Services
•Approval of TCEQ Industrial Pretreatment Streamlining Permit
•Obtained grant for abating illegal dumping
•Updated the Mosquito Surveillance Response Plan
ID21-456, July 27, 2021 71
FY 2021-22 Goals
6
Sustainability
•Implementation of Sustainability Framework
•Assess Community Hazards and Vulnerabilities
•Municipal and Community Resiliency Planning
•Greenhouse Gas Mitigation Planning and Air Quality Attainment strategies
•Reduce Recycling Contamination
•Expand Residential Community Engagement (post COVID-19)
•Increase efforts with Denton ISD to reduce recycling contamination
Environmental Services
•Expanding offer of environmental programs.
•Full implementation of the Laboratory Information Management System
(LIMS) for integrating online results reporting with all municipal lab
customers.
•Work with Solid Waste to obtain TCEQ final approval for the permit
amendment replacing the current landfill municipal solid waste permit.
•Continue using outside contracting services to complete enhanced gas well
inspections, greatly increasing monitoring and inspection capabilities at a
cost substantially below estimated costs to perform these inspections in
house.
•Continue cross-training between Watershed Protection, Industrial
Pretreatment, and Gas Well Inspections staff.ID21-456, July 27, 2021
72
Budget
Highlights
7ID21-456, July 27, 2021 73
8
Environmental Services
Expense Detail By Division
Expenses FY 2019-20
Actuals
FY 2020-21
Budget
FY 2020-21
Estimate
FY 2021-22
Preliminary
Sustainability -883,592 883,592 793,490
Industrial Pretreatment 743,932 823,762 823,762 823,854
Watershed Protection 961,154 1,034,605 1,034,605 1,033,633
Laboratory 1,051,678 1,181,671 1,181,671 1,214,784
Public Outreach 143,631 307,921 307,921 322,855
Total $2,900,395 $3,961,551 $3,961,551 $4,188,616
*New HBU 20-21, 1 FTE transferred to Parks with Clear Creek 21-22
ID21-456, July 27, 2021 74
Budget
Requests
9ID21-456, July 27, 2021 75
10
Supplemental Package Summary
Package Title Requested
By
One-time
Cost
Recurring
Cost
FY 2021-22
Total
New
FTE Notes
Stormwater
Inspector Watershed -$79,105 $79,105 1 Meet 3-week Inspection
Goals
Total -$79,105 $79,105 1
ID21-456, July 27, 2021 76
Questions?
11ID21-456, July 27, 2021 77
FY 2021-22 Budget Presentation
Streets Department
ID#21-456, July 27, 2021
78
Street DepartmentOrganizational Chart
2
Deputy Director of Operations
Danny Kremer
Major Maintenance
Street Operations Manager
Robbin Webber
Major Maintenance
4 Crew Members
Major Maintenance
4 Crew Members
Major Maintenance
5 Crew Members
Minor Maintenance
Field Service Supervisor
Rogelio San Miguel
Maintenance
5 Crew Members
Maintenance
5 Crew Members
Maintenance/
Citizen Request
4 Crew Members
ID#21-456, July 27, 2021
79
StreetsFTE Summary
FTEs FY 19-20 FY 20-21 FY 21-22*
285801
Street
Improvement
Fund
43 39 40
Total 43 39 40
3
•1 new FTE requested for FY 21-22
Field Service Supervisor
*Includes (1) requested supplemental FTE
ID#21-456, July 27, 2021
80
4
STREETS
Supplemental Package Summary
Package
Title Ranking One-time Cost Recurring Cost FY 2021-22
Total New FTE
Field Service
Supervisor 1 -72,056 72,056 1
Total -72,056 72,056 1
ID#21-456, July 27, 2021
81
5
Street DepartmentFY 2020-21 Accomplishments
▸Reviewed, updated, and rebid maintenance contracts
for crack seal, micro seal and asphalt overlay
▸Community Responsiveness Improvements
▹Decreased overall response time by 1.6 days to an average of
4 days per request
▹Requests increased by 28% from 239 in FY 19-20 to 545 YTD
▸Completion of citywide Pavement study
▹Overall Condition Index (OCI) of the city network increased
from 64 to 68
▹Backlog decreased to 14%ID#21-456, July 27, 2021
82
6
Street DepartmentFY 2021-22 Goals
▸Using asset management software and pavement
assessment data to formalize a 5-year maintenance
plan by performing maintenance at the correct
intervals.
▸Enhance asset and performance data visualization
using asset management software and Scenario
Builder
▸Continue improved coordination between Streets,
Utilities, and Capital Projects
ID#21-456, July 27, 2021
83
7
Streets 5 Year Forecast
FY 2019-20
Actual
FY 2020-21
Adopted
FY 2020-21
Estimate
FY 2021-22
Preliminary
FY 2022-23
Projected
FY 2023-2024
Projected
FY 2024-25
Projected
FY 2025-2026
Projected
Beginning Fund Balance $ 3,441,734 $ 4,503,638 $ 4,503,638 $ 3,928,623 $ 3,703,506 $ 3,405,075 $ 3,151,319 $ 2,882,925
Revenues
Bond Sale Savings 1,323,205 1,243,811 1,243,811 1,306,002 1,320,078 1,468,519 1,577,980 1,655,517
Interest Income & Misc.69,958 45,000 41,000 42,000 42,840 43,697 44,571 45,462
Street Cuts 369,549 378,851 33,164 33,827 34,504 35,194 35,898 36,616
Franchise Fees 13,306,582 13,634,688 13,634,688 14,216,773 14,809,633 15,413,777 16,029,722 16,658,005
Total Revenues 15,069,294 15,302,350 14,952,663 15,598,602 16,207,055 16,961,187 17,688,171 18,395,600
Use Of Reserves -591,407 575,015 225,117 298,431 253,756 268,394 336,262
Total Resources 15,069,294 15,893,757 15,527,678 15,823,719 16,505,486 17,214,943 17,956,565 18,731,862
Expenditures
Personnel Services 3,250,039 3,313,812 3,313,812 3,548,910 3,655,377 3,765,038 3,877,989 3,994,329
Materials & Supplies 75,507 202,600 99,881 101,200 104,236 104,236 104,236 104,236
Maintenance and Repair 5,781,284 10,325,000 6,500,000 5,163,457 5,421,630 5,692,711 5,977,347 6,276,214
Insurance 97,312 87,078 87,078 89,690 92,381 95,152 98,007 100,947
Miscellaneous 3,023 7,100 4,500 7,100 7,100 7,100 7,100 7,100
Operations 653,012 1,008,847 748,087 810,047 834,348 859,379 885,160 911,715
Debt Service 128,125 128,125 128,125 -----
Transfers -Cost of Service 1,134,573 821,195 821,195 903,315 930,414 958,326 987,076 1,016,688
Streets Reconstruction Program 2,884,515 -3,825,000 5,200,000 5,460,000 5,733,000 6,019,650 6,320,633
Total Expenditures 14,007,390 15,893,757 15,527,678 15,823,719 16,505,486 17,214,943 17,956,565 18,731,862
-
Ending Fund Balance 4,503,638 3,912,231 3,928,623 3,703,506 3,405,075 3,151,319 2,882,925 2,546,663
ID#21-456, July 27, 2021
84
Streets Improvement Fund
8
Established per Ordinance 2011-154, Ordinance 2013-219
Effective October 1, 2012
Purpose of the Street Improvement Fund was to create dedicated revenue for street maintenance
and improvement activities from:
•Dedicated portion of Franchise Fees (current year 77%)
•Interest income
•Interest savings from Utilities for issuing Certificates of Obligation instead of Revenue Bonds
Maintenance –Patching, crack seal, micro-surfacing, panel replacements
Rehabilitation –Base repairs and reconstruction
Current practice is to use excess funding toward rehab program
Formalize process current practice through ordinance
Create two distinct funds:
1. Street Maintenance Fund (formerly Street Improvement Fund)
2. Streets Capital Fund -Budget workshop discussion
ID#21-456, July 27, 2021
85
Recommendation –FY 21/22
9
Franchise Fee
Revenue
Streets General
Fund
80%20%
Streets
Maintenance
Fund
Streets
Capital
Fund
FY 2021 Franchise Fee Revenue is 77%
60%40%
ID#21-456, July 27, 2021
86
Next Steps
10
August 2 –Budget Workshop including Streets Fund discussion
September 14 –Budget and Tax Rate Public Hearing
September 21 –Budget Adoption
ID#21-456, July 27, 2021
87
Questions?
11ID#21-456, July 27, 2021
88
FY 2021-22
Budget Presentation
Development Services/ Real Estate
ID#21-455, July 27, 2021
89
Development Services
Organizational Chart
2
Scott McDonald
Director
Planning
Historic
Preservation
Long Range
Planning
Development
Review
Building Inspection
Plan Review
Food and Health
Safety
Transporation
Planning
Building Safety
Administrative
Services
Development
Facilitation
Real Estate
ID#21-456, July 27, 2021 90
Budget
Overview
3ID#21-456, July 27, 2021 91
Development Services
FY 2020-21 Accomplishments
▸Completed construction of the Development Service
Center, the City’s “One-Stop-Shop” for Development.
▸Staff surveyed recent developers in the City to gauge
satisfaction and identify areas for improvement.
▸Modified the DCRC to a standing committee for
continuous improvement to the DDC.
▸Created the Discover Denton Landmarks page and
started preservation media campaign.
▸Implemented a single software solution for
applicants in Denton.
4ID#21-456, July 27, 2021 92
Development Services
FY 2021-22 Goals
▸Complete updates to the Comprehensive Plan to
guide Denton into the future and improved
integration with other City master plans.
▸Adoption of the 2021 Building, Fire, and Health
Codes.
▸Finalize a Development Fiscal Impact Model to
provide more insight into the financial impacts of
development proposals.
▸Complete future enhancements to the Land
Management System to gain efficiencies and
standardize work.5ID#21-456, July 27, 2021 93
Real Estate
FY 2020-21 Accomplishments
▸Developed a list of Approved Appraisers to provide services for the City’s CIP
projects and other public initiatives. (RFQ 7280).
▸Increased capacity to acquire land rights by establishing a list of firms to
provide supplemental real estate acquisition and relocation services. (RFQ
7480).
▸Acquired over 60 land rights to date for utility easements and right of way
improvement projects.
▸Reduced Mayhill Bridge project costs by returning ~$500k to the project
through creative negotiations.
▸Began process to centralize the City’s Leasing program.
▸Hosted a virtual Real Estate Forum for Capital Projects Team.
6ID#21-456, July 27, 2021 94
Real Estate
FY 2021-22 Goals
▸Increase collaboration with partner departments to identify
and secure needed property rights.
▸Update GIS Mapping of existing City-owned assets (land,
easements, leases, licenses, etc.).
▸Audit City-owned property to identify potential assets for
disposition.
▸Establish Surplus Property Sale process and conduct sale by
Q4 2022.
▸Host another Real Estate Forum for partner departments.
7ID#21-456, July 27, 2021 95
Performance
8ID#21-456, July 27, 2021 96
Budget
Highlights
9ID#21-456, July 27, 2021 97
10
Development Services Budget
Revenue FY 2019-20
Actuals
FY 2020-21
Budget
FY 2020-21
Estimate
FY 2021-22
Preliminary
Planning $1,211,575 $1,250,907 $1,402,242 $1,401,016
Building Safety $6,157,716 $6,949,946 $6,830,996 $7,780,580
Total $7,369,291 $8,200,853 $8,233,238 $9,181,596
ID#21-456, July 27, 2021
Expenses FY 2019-20
Actuals
FY 2020-21
Budget
FY 2020-21
Estimate
FY 2021-22
Preliminary
Personnel $5,443,631 $5,635,909 $5,566,950 $6,442,524
Materials & Supplies $44,893 $91,890 $19,212 $73,890
Insurance $72,615 $89,121 $89,121 $91,765
Miscellaneous $1,328 $43,181 $14,198 $43,181
Operations $686,057 $422,167 $437,512 $443,781
Transfers $549,438 $510,452 $553,951 $570,570
Debt Service $354,180 $674,969 $674,969 $674,969
Cost of Service $973,946 $1,592,827 $1,592,827 $1,640,612
Total $8,126,088 $9,060,516 $8,948,740 $9,981,292
Variance ($756,797)($859,663)($715,502)($799,696)
Cost Recovery 91%91%92%92%
98
11
Real Estate Budget Highlights*
Expenses FY 2019-20
Actuals
FY 2020-21
Budget
FY 2020-21
Estimate
FY 2021-22
Preliminary
Personnel $793,304 $811,807 $659,732 $833,124
Materials &
Supplies $6,771 $18,100 $1,027 $9,900
Insurance $10,338 $9,946 $9,946 $10,244
Operations $33,269 $39,100 $7,251 $21,400
Transfers $109,435 $142,326 $142,326 $146,596
Total $953,117 $1,021,279 $820,282 $1,021,264
*HBU is part of Engineering
ID#21-456, July 27, 2021 99
Development Services
FTE Summary
FTEs FY 19-20 FY 20-21 FY 21-22
Planning 23 14 14
Building
Inspections 32 31 31
Development
Services Admin 0 10 10
Real Estate 6 6 6
Transportation
Planning 2 2 2
Total 63 63 63
12ID#21-456, July 27, 2021 100
Questions?
13ID#21-456, July 27, 2021 101
FY 2021-22 Budget Presentation
Solid Waste Department
July 27, 2021 ID21-456 102
Solid Waste Leadership Team
2
Brian Boerner
Director of Solid Waste
Eugene McKinnie
Deputy Director of Solid Waste
Tammy Clausing
Business Services Manager
James Tips
Administration Manager
Katherine Barnett
Sustainability Manager
July 27, 2021 ID21-456 103
Solid WasteOrganizational Chart
3July 27, 2021 ID21-456 104
Solid Waste FTE Summary
FTEs FY 19-20 FY 20-21 FY 21-22
660001 –SW Administration 23 24 25
660100 –SW Residential 40 40 41
660200 -Commercial 27 29 31
660250 –Collection Special Projects 7 7 7
660300 –Disposal (Landfill)18 18 18
660302 –SW HCC 3 3 3
660402 –SW Public Outreach 3 3 -
660800 –SW Site Operations 2 2 3
Total 123 126*128
4
*Mid Year Adds (3) FTE’s
July 27, 2021 ID21-456
105
OPERATIONAL
METRICS
5July 27, 2021 ID21-456 106
SAFETY
6
35% Reduction in Accidents
60% Reduction in Injuries
July 27, 2021 ID21-456 107
GROWTH RESIDENTIAL SERVICES
7July 27, 2021 ID21-456 108
GROWTH COMMERCIAL SERVICES
8
Net Growth
419 yards
71%
July 27, 2021 ID21-456 109
GROWTH IN ROLL-OFF SERVICES
9
5%10%9%
13%
8%
40%
30%
0%
5%
10%
15%
20%
25%
30%
35%
40%
45%
Roll Off Growth 2020 to 2021
Growth YoY
YTD Growth
•16%
•Trending at 35%
July 27, 2021 ID21-456 110
Waste Diversion
10July 27, 2021 ID21-456 111
RESIDENTIAL AND COMMERCIAL RECYCLING CONTAMINATION
11
Contaminants include:
•Wet Material
•Non-Program Material
•Metal
•Textiles
•Garbage
•Bagged Material July 27, 2021 ID21-456 112
Budget
Overview
12July 27, 2021 ID21-456 113
Solid WasteFY 2020-21 Accomplishments
▸Continued operations during COVID
slow-down/shutdown
▸Rubicon smart routing system
Implementation
▸Strong Data scale house software
systems acquisition
▸Landfill expansion permit 1590B process
continues
13July 27, 2021 ID21-456 114
Solid WasteFY 2021-22 Goals
▸Landfill expansion permit 1590B finalization
▸Comprehensive Solid Waste Management
Strategy completion
▸Strong Data scale house software system
implementation
▸Recycling contamination reduction efforts
▸Fleet performance and uptime optimization
▸Moseley Rd landfill long term management
plans
▸Continuous Improvements to service delivery,
reduce costs, and safety 14July 27, 2021 ID21-456 115
Budget
Highlights
15July 27, 2021 ID21-456 116
Financial Assumptions
Revenue
•2% growth forecasted in out years
•Anticipate wholesale agreements ending in FY 2022-2023
•Hunter/Cole Rate Revenue included to start in 2023
Expense
•Cell construction moved from FY 2022 to FY 2021
July 27, 2021 ID21-456 117
17
Solid Waste Revenue Detail
Revenues FY 2019-20
Actuals
FY 2020-21
Budget
FY 2020-21
Estimate
FY 2021-22
Preliminary
Interest Operating $89,406 $169,000 $127,000 $58,000
Residential $4,860,556 $4,749,273 $4,618,273 $4,740,486
Residential Recycling $5,417,212 $5,100,884 $5,148,750 $5,285,001
Front /Side Load $8,907,156 $9,348,831 $9,077,605 $9,058,608
Roll Off Open Top $4,948,548 $7,170,199 $5,300,000 $5,942,393
Commercial Cart Revenues --$85,488 $87,837
Commercial Recycling $1,410,673 $998,449 $1,358,532 $1,389,027
Landfill Gate $5,019,048 $4,781,749 $5,763,018 $5,493,132
Landfill Wholesale $4,003,566 $5,621,818 $5,838,850 $6,238,067
Other Solid Waste $2,002,337 $1,651,568 $1,001,968 $1,358,973
Transfers In $222,959 $226,380 $226,099 $229,869
Total $36,881,461 $39,818,151 $38,545,583 $39,881,393
July 27, 2021 ID21-456 118
18
Solid Waste Expense By Category
Expenses FY 2019-20
Actuals
FY 2020-21
Budget
FY 2020-21
Estimate
FY 2021-22
Preliminary
Personnel Services $10,443,976 $10,719,636 $11,085,074 $11,270,007
Materials & Supplies $182,559 $429,412 $429,412 $412,212
Maintenance and Repair $208,421 $226,516 $226,516 $226,516
Insurance $259,650 $291,624 $291,624 $295,935
Miscellaneous Expense $68,433 $74,120 $74,120 $66,320
Operations $5,676,246 $6,656,660 $5,759,659 $7,754,807
Transfers $4,372,373 $5,250,784 $5,250,784 $5,974,265
Fixed Assets $844,709 $1,126,033 $900,000 $1,126,033
Franchise Fees/ Administrative
Cost $1,781,445 $1,971,139 $1,850,000 $1,911,728
Revenue Funded Capital $1,128,421 $6,380,000 $6,380,000 $40,031
Vehicle Replacement $2,437,488 $3,327,000 $3,477,000 $1,397,000
Debt Service $8,449,482 $6,968,199 $6,968,199 $5,690,617
Closure/Post Closure -$702,648 $702,648 $719,000
Supplemental Request ---$282,234
Total $35,853,204 $44,123,771 $43,395,036 $37,166,704
July 27, 2021 ID21-456 119
19
Solid Waste Expense By Division
Expenditures by Division FY 2019-20
Actuals
FY 2020-21
Budget
FY 2020-21
Estimate
FY 2021-22
Preliminary
Solid Waste Administration $2,732,956 $3,172,905 $3,037,653 $3,334,101
Residential Collection $6,698,528 $5,860,546 $5,641,355 $5,998,965
Commercial Collection $5,732,282 $4,705,228 $4,773,454 $4,980,090
Collection Special Projects -$456,427 $433,950 $596,465
Solid Waste Disposal $4,839,647 $11,485,489 $11,282,709 $5,575,589
HCC $305,621 $492,468 $433,950 $520,657
Diversion Processing/BMR $5,687 ---
Public Outreach $299,804 $307,921 $433,950 -
Keep Denton Beautiful (KDB)$289,302 ---
Site Operations $963,306 $980,670 $867,901 $999,627
Miscellaneous $13,986,071 $16,662,117 $16,490,114 $14,878,976
Supplemental Request ---$282,234
Total $35,853,204 $44,123,771 $43,395,036 $37,166,704
July 27, 2021 ID21-456 120
20
Soild Waste 5 Year Forcast
July 27, 2021 ID21-456 121
21
CIP Budget
July 27, 2021 ID21-456 122
Budget
Requests
22July 27, 2021 ID21-456 123
23
Solid Waste Supplemental Package Summary
Package Title One-time Cost Recurring
Cost FY 2021-22 Total New FTE
FSW -II Job Code GL0404 -$50,731 $50,731 1
HEO-II GL0711 -$59,134 $59,134 1
Roll-off Truck Drivers GL0722 -$59,134 $59,134 1
Field Services Supervisor GS3310 -$82,035 $82,035 1
Intern -$31,200 $31,200 1
Total -$282,234 $282,234 5
July 27, 2021 ID21-456 124
Questions?
24July 27, 2021 ID21-456 125
FY 2021-22 Solid Waste Rate Presentation
Finance Department
July 27, 2021; ID21-456
126
Presentation Overview
•Operations and Rate Discussion
Residential
Commercial
Landfill
Outside City of Denton Rates
Contract Agreements
•Next Steps
•Questions
July 27, 2021; ID21-456
127
Operation and Rate Recommendations -Residential
Proposed Rate Changes
▸Residential Refuse and Recycling Rate will not change
▸Discontinue Subscription fee and requirement to call in Yard Waste and Brush
▹Discontinue Monthly Fee $1.00 Kraft bags, $0.50 cart
■Annual Revenue decrease estimate ($80,000)▹ALL Yard Waste must be contained in a Kraft bag or cart –NO plastic bags▹Brush cut to length▹Overage volume charges automatically applied to resident▹Reduce ~600 calls per week to customer service▹Pick up everything set at the curb each week
▸Initiate “Bag outside of Cart”fee -$5.00/bag
▹Volume charges automatically applied to resident
Operational Changes
▸Bulk Waste
▹Must still be called in, all material will be collected from curb
▹Bulk rates for called in material, construction waste rates for anything extra at the curb at the time
of collection 3July 27, 2021; ID21-456
128
Operation and Rate Recommendations -Commercial
▸Change pricing structure for front and side load service
▹No rate increase
▹Establishes rates closer to cost of service
▹Meets billing requirements of Paradigm Software and shift to Northstar Dispatch/Billing
Module
■2,700 weekly commercial dumpsters●104 dumpsters would see a decrease in monthly rates○34% Retail/Service, ○33% School, ○19% Restaurant/Bar, ○9% Multifamily, ○5% Hospital
▹Rate matrix reduced from 16 rates to 4 rates
4
Proposed Rate Changes
July 27, 2021; ID21-456
129
5
Current Rates
Size 1x 2x 3x 4x 5x 6x
3 CY $ 74.16 $ 148.32 $ 222.48 $ 311.52 $ 408.75 $ 515.16
4 CY $ 98.88 $ 197.76 $ 296.64 $ 415.36 $ 545.00 $ 686.88
6 CY $ 148.32 $ 296.64 $ 444.96 $ 623.04 $ 817.50 $ 1,030.32
8 CY $ 197.76 $ 395.52 $ 593.28 $ 830.72 $ 1,090.00 $ 1,373.76
Proposed Rates
Size 1x 2x 3x 4x 5x 6x
3 CY $ 74.16 $ 148.32 $ 222.48 $ 296.64 $ 370.80 $ 444.96
4 CY $ 98.88 $ 197.76 $ 296.64 $ 395.52 $ 494.40 $ 593.28
6 CY $ 148.32 $ 296.64 $ 444.96 $ 593.28 $ 741.60 $ 889.92
8 CY $ 197.76 $ 395.52 $ 593.28 $ 791.04 $ 988.80 $ 1,186.56
$ Change
Size 1x 2x 3x 4x 5x 6x
3 CY $ -$ -$ -$ (14.88)$ (37.95)$ (70.20)
4 CY $ -$ -$ -$ (19.84)$ (50.60)$ (93.60)
6 CY $ -$ -$ -$ (29.76)$ (75.90)$ (140.40)
8 CY $ -$ -$ -$ (39.68)$ (101.20)$ (187.20)
Front Load & Side Load Refuse Service Rates
•Currently, an inconsistent
multiplier is used for
frequency >= 4X
•Example:
$74.16 X 3 = $222.48
$74.16 X 4 = $296.64
July 27, 2021; ID21-456
130
6
Front Load & Side Load Recycling Service Rates
Current
Size 1x 2x 3x 4x 5x 6x
3 CY $ 63.78 $ 127.56 $ 191.33 $ 267.91 $ 351.53 $ 443.04
4 CY $ 85.04 $ 170.07 $ 255.11 $ 357.21 $ 468.70 $ 590.72
6 CY $ 127.56 $ 255.11 $ 382.67 $ 535.81 $ 703.05 $ 886.08
8 CY $ 170.07 $ 340.15 $ 510.22 $ 714.42 $ 937.40 $ 1,181.43
Proposed
Size 1x 2x 3x 4x 5x 6x
3 CY $ 63.78 $ 127.56 $ 191.34 $ 255.12 $ 318.90 $ 382.68
4 CY $ 85.04 $ 170.08 $ 255.12 $ 340.16 $ 425.20 $ 510.24
6 CY $ 127.56 $ 255.12 $ 382.68 $ 510.24 $ 637.80 $ 765.36
8 CY $ 170.07 $ 340.14 $ 510.21 $ 680.28 $ 850.35 $ 1,020.42
$ Change
Size 1x 2x 3x 4x 5x 6x
3 CY $ -$ -$ 0.01 $ (12.79)$ (32.63)$ (60.36)
4 CY $ -$ 0.01 $ 0.01 $ (17.05)$ (43.50)$ (80.48)
6 CY $ -$ 0.01 $ 0.01 $ (25.57)$ (65.25)$ (120.72)
8 CY $ -$ (0.01)$ (0.01)$ (34.14)$ (87.05)$ (161.01)
July 27, 2021; ID21-456
131
Proposed Rate Changes
▸Increase Sludge Disposal rate from $50/ton to $60/ton
▹Annual revenue increase of $82,000
▸Establish a new brush rate of $35.00/ton for non-City of Denton customers
▸Change un-bagged brush rate from $20.00 to $25.00 to match minimum load rate
Operational Changes
▸Residential Gate Rate Verification
▹Residents must show proof of residency (utility bill) to enjoy residential rate at the landfill and
to use the Home chemical Collection Facility
▹No new rate requested, but implement a resident verification program showing proof that
they are a resident of the City of Denton
7
Rate Recommendations -Landfill
July 27, 2021; ID21-456
132
•Establish new residential rates for customers outside the City limits
•Proposed rates are based on cost of service
8
Rate Recommendations –Outside City Limits
Cart Type Inside City Limits Outside City Limits
64 Gallon Cart $20.51 $30.69
96 Gallon Cart $25.04 $32.00
Additional 96 Gallon Cart $16.57 $16.57
July 27, 2021; ID21-456
133
•Change wholesale agreements based on contracts
•Currently, all wholesale agreements will end in FY 2023
•Contract renewals will be discussed during FY 2021-22
•FY 2021-22 revenue forecast totals $6.5 million.
•Forecasting a 4.5% Consumer Price Index adjustment
9
Rate Recommendations –Contracts
Company Contracted
Tons
FY 2020-21 Rate FY 2021-22 Rate
Wise County 3,500 $34.00 $35.53
Frontier Waste 40,000 $29.50 $30.83
Little Elm 1,900 $27.00 $28.22
Waste Connections 65,000 $27.00 $28.22
Republic 7,680 $27.00 $28.22
CWD 87,000 $27.95 $29.21
July 27, 2021; ID21-456
134
10
Next Steps
•August 2, 2021 –City Council Budget Workshop
•August 23, 2021-PUB Rate Approval
•September 21, 2021 –City Council Adopts Budget, Tax Rate, Rates and Capital
Improvement Plan
July 27, 2021; ID21-456
135
Questions?
11July 27, 2021; ID21-456
136
FY 2021-22 Budget Presentation
Water Utilities Department
Water Business Unit
ID21-456, July 27, 2021 137
Overview
2ID21-456, July 27, 2021 138
Introduction
History Leadership Education Associations
City of North Las Vegas -
Started as a Meter Reader in
1993, left in 2010 as Water
Systems Supervisor
Servant leader –passionate
about serving my community,
my team and the
organization
Executive Master of Science
in Crisis and Emergency
Management
California Nevada Section
AWWA Chair Water
Distribution
City of Long Beach –
Manager Security and
Emergency Preparedness
2010 to 2013
Build collaborative
partnerships and teams
through honest
communication
Bachelor of Science in
Business Administration
Rocky Mountain Section
AWWA Chair 2019 to 2021
City of Westminster –
Utilities Operations Manager
2013 to 2021
Hold myself and others
accountable for following up
and following through
Colorado -Grade IV
Distribution Certification
Nevada –Grade III
Distribution Certification
AWWA National Chair –
Security and Emergency
Preparedness Programs
Committee 2013 to present
City of Denton –Director,
Water Utilities
2021 to present
Challenge my team to look
beyond the status quo and
embrace emerging
technologies to better serve
our community
Various certification through
the Federal Emergency
Management Institute
AWWA Board of Directors
Class of 2024
ID21-456, July 27, 2021
139
Leadership Team
4
Stephen D. Gay
DIRECTOR
Water Utilites
Vacant
ASSISTANT DIRECTOR
Operations
Kim Mankin
Administration Manager
Pritam Deshmukh
ASSISTANT DIRECTOR
Asset Management and
Infrastructure
ID21-456, July 27, 2021 140
Organizational Chart
5
Director of Water Utilities Stephen Gay
Asst Director Water Utilities – OperationsVacant
Superintendent Field Operations
Casey Bowles
Superintendent Water ProductionHector Ortiz
Superintendent Water ReclamationRusty Willard
Water Utilities Administration Mgr Kim Mankin
Asst Director Water Utilities - Asset Mgmt and Infrastructure Pritam Deshmukh
Superintendent Vertical Infrastructure Chris Campbell
Water Utilities Asset MgmtTyler Dawson
Senior EngineerStephen Moore
ID21-456, July 27, 2021 141
FTE Summary
FTEs FY 19-20 FY 20-21 FY 21-22
Water Administration 10 11 12
Utilities
Administration 9.5 --
Production 39 38 38
Distribution 29 27 26
Metering 18 18 18
Laboratory 5 5 5
Sustainability -5.5 7.5
Total 110.5 104.5 106.5
6
•Net increase of 2 FTEs from Solid Waste Public Outreach to Sustainability
ID21-456, July 27, 2021 142
FY 2020-21 Focus Areas and Status Updates
▹Major Maintenance
•Upgrades to Lake Lewisville Water Treatment Plant -To be completed
FY 2021
•Raw Waterline Condition Assessment -Completed
▹Infrastructure Improvements
•Lake Ray Roberts Water Treatment Plant Capacity Re-Rate and
Performance Upgrades (20 MGD to 26 MGD) -Under design
•Northwest Booster Pump Station and Transmission Line Design -
Completed
•North/South Water Pipeline I35 E to Scripture -Under construction
▹New Technology –Improve Efficiency
•Advanced Metering Infrastructure (AMI) Assessment –In process
7ID21-456, July 27, 2021 143
FY 2021-22 Goals
▸Complete –Lake Ray Roberts Water Treatment Plant Capacity Re-
Rate and Performance Upgrades (20 MGD to 26 MGD) ▸Complete -Construction of the Northwest Booster Pump Station
and Transmission Line▸Complete -Construction of North/South Water Pipeline I35 E to
Scripture ▸Relocate -Waterlines along I-35 corridor as part of the TXDOT’s
I35E widening project ▸Revise -Emergency Response and Recovery Plan▸Survey -Distribution system to identify lead service lines in
compliance with the Lead and Copper Rule requirements▸Implement -Recommendations/if any from AMI study▸Develop -Asset Management Program for vertical infrastructure
8ID21-456, July 27, 2021 144
0
200,000
400,000
600,000
800,000
1,000,000
1,200,000
October November December January February March April May June July August SeptemberGallons X1000Axis Title
FY2021 Water Production
5 Year Average FY20 FY21 FY21 Budget
FY 2020-21 Operational Data
9
Storm Uri Impact –
Approx. 31 MG FY20
ID21-456, July 27, 2021 145
Water Volume Forecast
ID21-456, July 27, 2021
146
Water -Operational Data
11
Minor Maintenance
Activity FY18-19 FY19-20 FY20-21
YTD
FY20-21
Projected
FY 21-22
Goal
Flushing
Hydrants 10,831 8,578 5,924 9,000 9,000
Replacing
Meters 2,878 3,972 945 1,500 *
*AMI/AMR study will help define goal for next year ID21-456, July 27, 2021 147
Water -Operational Data
12
Major Maintenance (in linear feet)
Horizontal Project Delivery
Improvements
•Resource Allocation: Utilizing the
Capital Projects Team to Deliver
Major Maintenance (Horizontal
Infrastructure) projects
throughout the City.
•Aligning Utility Replacements
with Streets Rehabilitation
Program (part of the new bond
program)
Infrastructure
Replacement FY18-19 FY19-20 FY20-21
YTD
FY20-21
Projected
FY 21-22
Goal
In House –W
Crews 16,860 10,622 14,622 16,000 16,000
Delivered by
Capital Projects 382 19,823 13,368 24,632 25,000
Total 17,242 30,445 27,990 40,632 41,000
ID21-456, July 27, 2021 148
Budget
Highlights
13ID21-456, July 27, 2021 149
14
Water Financial Assumptions
Volume Forecast
•2% growth forecasted in out years
•Hunter/Cole rate revenue included starting in FY 2023
Revenue
•2% growth forecasted in out years
•Continue to utilize impact fee funding to revenue fund projects
•Forecast includes Hunter/Cole rate revenue
Expense
•3% growth forecasted in out years
•Hunter/Cole expenses included
ID21-456, July 27, 2021 150
15
Water Revenue Detail
Revenues FY 2019-20
Actuals
FY 2020-21
Budget
FY 2020-21
Estimate
FY 2021-22
Preliminary
Water Sales Residential $20,375,255 $20,563,184 $20,160,324 $21,519,009
Water Sales Commercial 17,090,211 17,655,278 17,309,387 18,475,937
Water For Resale 1,612,230 1,360,648 2,258,977 1,423,894
Other Water 1,208,423 865,090 654,048 1,892,392
Cost of Service 1,149,991 1,676,882 1,676,882 2,033,275
Interest Operating 302,800 294,000 106,994 300,000
Impact Fee Transfer In 6,605,655 6,605,000 6,605,000 6,605,000
Total Revenue $48,344,565 $49,020,082 $48,771,612 $52,249,507
ID21-456, July 27, 2021 151
16
Water Expense Detail
Expenses FY 2019-20
Actuals
FY 2020-21
Budget
FY 2020-21
Estimate
FY 2021-22
Preliminary
Personnel Services $8,139,916 $8,652,990 $8,038,035 $8,798,948
Materials & Supplies 1,472,974 1,747,819 1,623,604 1,776,571
Maintenance & Repair 1,477,259 1,804,365 1,676,132 2,203,508
Insurance & Miscellaneous 418,454 575,574 575,574 576,253
ROI & Franchise Fees 3,301,557 3,364,225 3,125,135 3,520,601
Operations & Purchased Power 3,112,141 3,763,059 3,495,624 3,806,885
Debt Service 12,879,020 11,064,205 11,064,205 10,835,105
Cost of Service 4,896,659 5,262,865 5,262,865 5,709,734
Capital Outlay 13,838,194 16,709,105 16,709,105 13,700,759
Total $49,536,174 $52,944,207 $51,570,279 $50,928,364
ID21-456, July 27, 2021 152
17
Water Expense Detail By Division
Expenses FY 2019-20
Actuals
FY 2020-21
Budget
FY 2020-21
Estimate
FY 2021-22
Preliminary
Admin $2,166,108 $3,072,695 $2,952,203 $2,841,323
Utility Admin 1,059,645 ---
Sustainability -883,592 848,943 975,603
Production 11,982,259 12,616,442 12,121,701 12,679,235
Distribution 6,835,289 11,186,324 10,747,664 7,620,776
Metering 2,407,953 3,293,464 3,164,314 3,222,630
Lab 531,164 619,962 595,651 647,092
Debt Service 12,879,020 11,064,205 11,064,205 10,835,105
Transfers/ROI/Franchise Fees 11,557,418 10,207,523 10,075,598 12,106,600
Total $49,418,856 $52,944,207 $51,570,279 $50,928,364
ID21-456, July 27, 2021
153
18
Water Ten-Year Forecast
*No forecasted rate increasesID21-456, July 27, 2021
Water FY 2020 FY 2021 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031
Actual Budget Estimate Preliminary Projected Projected Projected Projected Projected Projected Projected Projected Projected
Beginning Water Fund Balance 21,153,243$ 22,344,852$ 22,344,852$ 19,546,185$ 20,867,329$ 20,611,272$ 20,733,942$ 26,094,431$ 30,247,925$ 31,900,494$ 28,654,783$ 24,989,412$ 21,824,127$
Water Revenues
User Charge Revenue
Minimum Charge 9,960,334$ 9,067,166$ 9,067,166$ 9,929,253$ 10,115,638$ 10,305,751$ 11,040,656$ 11,249,270$ 11,462,056$ 11,679,097$ 11,900,480$ 12,126,290$ 12,356,616$
Volumetric Charge 29,099,520 29,938,774 29,190,305 31,489,588 33,469,287 34,138,673 34,821,446 35,517,875 36,583,412 37,315,080 38,061,381 38,822,609 39,599,061
Water Miscellaneous Revenue 2,679,711 3,409,142 3,909,142 4,225,667 4,313,066 4,397,487 4,483,466 4,571,295 4,568,998 4,660,378 4,753,586 4,848,657 4,945,631
Impact Fee Transfer 6,605,000 6,605,000 6,605,000 6,605,000 6,605,000 6,605,000 6,605,000 6,605,000 6,605,000 6,605,000 6,605,000 6,605,000 6,605,000
Total: Revenues 48,344,565$ 49,020,082$ 48,771,612$ 52,249,507$ 54,502,991$ 55,446,912$ 56,950,569$ 57,943,440$ 59,219,465$ 60,259,555$ 61,320,447$ 62,402,556$ 63,506,308$
Use of Reserves 1,191,609$ 3,924,125$ 2,798,667$ -$ 256,058$ -$ -$ -$ -$ 3,245,711$ 3,665,371$ 3,165,286$ 3,007,911$
Total Resources 49,536,174$ 52,944,207$ 51,570,279$ 52,249,507$ 54,759,049$ 55,446,912$ 56,950,569$ 57,943,440$ 59,219,465$ 63,505,266$ 64,985,817$ 65,567,842$ 66,514,218$
Revenue Requirements
Operating Expenditures 14,749,532$ 16,543,807$ 14,913,310$ 16,798,128$ 17,302,072$ 17,821,134$ 18,355,768$ 18,906,441$ 19,473,634$ 20,057,843$ 20,659,578$ 21,279,366$ 21,917,747$
Transfers 4,896,659 5,262,865 5,519,434 5,709,734 5,881,026 6,057,456 6,239,180 6,426,356 6,619,146 6,817,721 7,022,252 7,232,920 7,449,907
Franchise Fee 1,942,028 1,978,956 1,978,956 2,070,942 2,179,246 2,222,221 2,293,105 2,338,357 2,402,273 2,449,709 2,498,093 2,547,445 2,597,784
Return on Investment Fee 1,359,420 1,385,269 1,385,269 1,449,659 1,525,472 1,555,555 1,605,174 1,636,850 1,681,591 1,714,796 1,748,665 1,783,211 1,818,449
Capital Projects (Rate Funded)9,870,305 13,984,105 13,984,105 10,033,768 10,319,345 8,997,791 4,684,190 4,808,631 7,250,000 7,467,500 7,691,525 7,922,271 8,159,939
Impact Fee Project Revenue Funding 3,839,210 2,725,000 2,725,000 3,500,000 3,000,000 2,725,000 2,725,000 3,500,000 3,500,000 3,500,000 3,500,000 3,500,000 3,500,000
Debt Service 12,879,020 11,064,205 11,064,205 10,835,105 14,120,220 15,513,415 15,255,995 15,741,643 16,208,584 21,066,029 21,434,036 20,870,961 20,638,725
Supplemental Packages - - - 531,028 431,668 431,668 431,668 431,668 431,668 431,668 431,668 431,668 431,668
Total: Revenue Requirements 49,536,174$ 52,944,207$ 51,570,279$ 50,928,363$ 54,759,049$ 55,324,241$ 51,590,080$ 53,789,946$ 57,566,897$ 63,505,266$ 64,985,817$ 65,567,842$ 66,514,218$
Current Revenue Surplus/(Deficit)-$ -$ -$ 1,321,144$ -$ 122,671$ 5,360,488$ 4,153,495$ 1,652,569$ -$ -$ -$ -$
Ending Water Fund Balance 22,344,852$ 18,420,727$ 19,546,185$ 20,867,329$ 20,611,272$ 20,733,942$ 26,094,431$ 30,247,925$ 31,900,494$ 28,654,783$ 24,989,412$ 21,824,127$ 18,816,216$
Capital Project Reserve -$ -$ -$ -$ -$ -$ 5,000,000$ 9,000,000$ 10,000,000$ -$ -$ -$ -$
Rate Increase 0%-2%-2%0%0%0%0%0%0%0%0%0%0%
Reserves
Minimum Target Fund Balance (120 days)16,285,865$ 17,406,315$ 16,954,612$ 16,494,116$ 18,599,496$ 19,451,354$ 18,539,206$ 18,877,649$ 19,249,791$ 19,001,945$ 19,379,340$ 19,548,957$ 19,836,279$
Maximum Target Fund Balance (180 days)24,428,798$ 26,109,472$ 25,431,918$ 24,741,175$ 27,899,244$ 29,177,031$ 27,808,809$ 28,316,474$ 28,874,687$ 28,502,918$ 29,069,010$ 29,323,435$ 29,754,419$
Impact Fee Capital Reserve 9,000,000$ 9,000,000$ 9,000,000$ 9,000,000$ 9,000,000$ -$ -$ -$ -$ -$ -$ -$ -$
Impact Fee Reserve 4,076,000$ 4,076,000$ 4,076,000$ 4,076,000$ 4,076,000$ 4,076,000$ 4,076,000$ 4,076,000$ 4,076,000$ 4,076,000$ 4,076,000$ 4,076,000$ 4,076,000$
Development Plan Lines 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$
154
19
Water 5-Year Capital Plan
FY 2022 FY 2023 FY 2024 FY 2025 FY 2026
Debt Funded Capital 34,491,460$ 42,362,363$ 33,013,181$ 5,910,987$ 6,700,796$
Revenue Funded Capital 9,310,943 9,596,520 8,274,966 3,961,365 4,085,806
Aid in Construction 265,788 265,788 265,788 265,788 265,788
Impact Fee Funding 3,500,000 3,000,000 2,725,000 2,725,000 3,500,000
Vehicle Replacement Fund 309,855 480,170 454,509 248,506 659,434
Total 47,878,046$ 55,704,841$ 44,733,444$ 13,111,646$ 15,211,825$
Water CIP Summary
ID21-456, July 27, 2021 155
20
Water 5-Year Capital Plan (cont.)
Major Projects FY 21-22 Amount Funding Type Project Status
Northwest Transmission Lines & Booster Pump
Station $14,900,000 Debt Design Completed
Bid -October 2021
Ray Roberts Capacity Re-Rate and
Performance Upgrades $11,000,000 Debt Under Design (30%)
Bid –January 2022
2019 Bond Election Projects $4,095,338 Debt Under Design
Annual Field Service Replacements $2,847,693 Revenue Under Design
Lake Lewisville Treatment Plant Administration
Building $2,500,000 Revenue Design (90%)
Bid –October 2021
Total $35,343,031
ID21-456, July 27, 2021 156
21
Water 5-Year Capital Plan (cont.)
Major Projects FY 20-21
Amount
FY 21-22
Amount
FY 22-23
Amount
Project Status
(Design)
Project Status
(Construction)
Northwest Transmission Lines &
Booster Pump Station $1,635,000 $14,900,000
Booster Pump Station $1,000,000 $9,450,000 Design Completed
Bid -October 21 Dec 21 –Aug 23
Transmission Main $635,000 $5,450,000 Design Completed
Bid -October 21
Dec 21 –Dec 22
Ray Roberts Capacity Re-Rate and
Performance Upgrades $1,700,000 $11,000,000 $11,000,000
Disinfection System Upgrades $560,000 $5,275,500 Design Completion
December 21 Bid -January 22
Backwash Supply Improvements $545,000 $5,219,500 Design Completion
December 21 Bid -January 22
Performance Upgrades $595,000 $505,000 $11,000,000 Design Completion
October 22 Bid -October 22
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Budget
Requests
22ID21-456, July 27, 2021 158
23
Supplemental Package Summary
Package Title Requested
By
One-time
Cost
Recurring
Cost
FY 2021-22
Total Notes
System Repair
Materials Distribution -$25,000 $25,000 Increased Materials Costs
License
Incentives Multiple -$8,500 $8,500 Employee Retention
Fire Hydrant
Maint.Distribution -$30,000 $30,000 Increased Effort Impacting
Maintenance Workload
Line Locating Distribution -$150,000 $150,000 Increased Effort Impacting
Maintenance Workload
Street Rehab Distribution -$200,000 $200,000 Streets Workload
Total $413,500 $413,500
ID21-456, July 27, 2021 159
24
Next Steps
•August 3, 2021 –City Council Budget Workshop
•September 21, 2021 –City Council Adopts Budget, Tax Rate, Rates and Capital
Improvement Plan
ID21-456, July 27, 2021 160
Questions?
25ID21-456, July 27, 2021 161
FY 2021-22
Water Rate
Presentation
Finance Department
ID21-456, July 27, 2021
162
Water Rate Terms
Facility Charge Fixed monthly fee charged to customers based on meter size
Volume Charge Monthly rate charged to customers based on volume of water used
WR Residential Water Service
WC Commercial/Industrial Water Service
WFH Metered Water From Fire Hydrant
WW Wholesale Treated Water Service to Upper Trinity Regional Water
District
WRW Wholesale Raw Water Service to Upper Trinity Regional Water District
WCL Wholesale Raw Water Pass-Through to Upper Trinity Regional Water
District from Lake Chapman into Lake Lewisville
2
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163
Cost of Service (COS) Results -Water
3
History
•Last study completed in 2014
•City contracted with Raftelis in 2019 to update the City’s
Cost of Service Study. (Study period FY 2021-2025)
•Studies are updated approximately every 5-years
•Equitably allocates expenses between the various
customer classes of service
Goal
•Establish cost of service-based rates
•Ensure revenue stability
•Establish fair and equitable rates
Revenue
Requirements
Water
Water
COS by
Class
Sewer
Sewer
COS by
Class
ID21-456, July 27, 2021
164
Cost of Service (COS) Results -Water
Class COS Current Revenue Difference % Difference
Retail
Residential 22,748,248$ 21,248,894$ (1,499,353)$ -6.6%
Commercial 10,073,359$ 12,709,815$ 2,636,457$ 26.2%
Irrigation 4,623,122$ 3,538,544$ (1,084,578)$ -23.5%
Fire Hydrant 513,312$ 481,774$ (31,538)$ -6.1%
Total Retail 37,958,040$ 37,979,027$ 20,987$ 0%
Wholesale 543,750$ 522,763$ (20,987)$ -3.9%
4
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165
How Much Does My Water Cost?
An 8 oz. Glass of Water Costs:
0.025 cents
Flushing a Toilet Costs:
0.65 cents
On Average an 8 Minute Shower Costs:
7 cents 5
ID21-456, July 27, 2021
166
Current Residential Rate Structure
Current Residential Rate Structure
Winter Summer
Facility Charge $15.84 $15.84
Volume Charge (x1,000)
0-15,000 $4.05 $4.05
15,001-30,000 $4.05 $5.76
30,001-50,000 $4.05 $7.95
Over 50,000 $4.05 $10.64
Current Rate Structure
•A residential bill is made up of two components; Facility Charge, Volume Charge
•Currently, rates are divided into five tiers and are seasonal (i.e. winter, summer)
•Average residential consumption volume reduced from 9,200 gallons to 7,600 gallons
•Currently, the average residential customer fits into the 1st tier (0-15,000)
•Seasonal rates result in a customer’s rate changing twice a year.
6
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167
Residential Distributions
-
10,000
20,000
30,000
40,000
50,000
60,000
0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51Number of Bills1,000 Gallons
Bills
Meter Size Number of Meters
3/4"31,831
1"677
1.5"217
2"81
Total 32,806
7
ID21-456, July 27, 2021
168
8
Residential Rate Recommendation
Option 1
Winter Summer
Facility Charge $15.84 $15.84
Volume Charge
0-15,000 $4.05 $4.05
15,001-30,000 $4.05 $5.76
30,001-50,000 $4.05 $7.95
50,000+$4.05 $10.64
Option 1 Current Structure–No rate change
Option 2 0-7,500 Gallons–Combine seasonal residential rates into one annual volume rate based on current revenues. Creates a
new tier from 0-7,500 gallons. The average residential customer will see a decrease of $3.15 per month.
Option 3 0-5,000 Gallons –Combine seasonal residential rates into one annual volume rate based on current revenues. Creates a
new tier from 0-5,000 gallons. The average residential customer will see a decrease of $2.10 per month.
Option 2
Combined
Facility Charge $15.84
Volume Charge
0-7,500 $3.63
7,501-15,000 $4.05
15,001-30,000 $7.61
30,001-50,000 $9.68
50,000+$12.04
Option 3
Combined
Facility Charge $15.84
Volume Charge
0-5,000 $3.63
5,001-15,000 $4.05
15,001-30,000 $7.12
30,001-50,000 $9.53
50,000+$11.79
ID21-456, July 27, 2021
169
Residential Irrigation Rate Recommendation
Option 1
Winter Summer
Facility Charge $15.84 $15.84
Volume Charge
0-15,000 $4.05 $5.76
15,001-30,000 $4.05 $7.95
30,000+$4.05 $10.64
Option 1–No rate change
Option 2 –This option will maintain the existing facility charge and combine the seasonal volume rates. In addition, this
options creates two new tiers for consumption of 0-7,500 gallons and over 50,000 gallons. The average irrigation customer will see
a decrease in the monthly bill.
Option 3 –This option will maintain the existing facility charge and combine the seasonal volume rates. In addition, this
options creates two new tiers for consumption of 0-5,000 gallons and over 50,000 gallons. The average irrigation customer will see
a decrease in the monthly bill.
9
Option 2
Combined
Facility Charge $15.84
Volume Charge
0-7,500 $3.63
7,501-15,000 $4.05
15,001-30,000 $7.61
30,001-50,000 $9.68
50,000+$12.04
Option 3
Combined
Facility Charge $15.84
Volume Charge
0-5,000 $3.63
5,001-15,000 $4.05
15,001-30,000 $7.12
30,001-50,000 $9.53
50,000+$11.79
ID21-456, July 27, 2021
170
Residential Rate Recommendation (cont.)
Option 1
Status Quo
Option 2
0-7,500 Gal
Option 3
0-5,000 Gal
Facility Charge*$15.84 $15.84 $15.84
Volume Charge**
(x1000)
$30.78 $27.63 $28.68
Total Average Residential Bill $46.62 $43.47 $44.52
Increase/(Decrease)$0 ($3.15)($2.10)
*Based on 7,600 gallons
**3/4-inch meter
•89%of the 32,806 residential customers will see a rate decrease
•11% of customers with consumption above 15,000 gallons will see a rate increase
10
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171
Commercial Rate Recommendation
Current Rate Structure
Facility Charge $50.99
Volume Charge (x1,000)$4.34
Average Customer’s Bill**$246.29
** Based on 45,000 gallons
•No change
•Based on the recently completed Cost of Service Study, staff doesn’t recommend a
change to the current commercial water rates.
Average commercial consumption volume reduced from 50,000 gallons to 45,000 gallons.
11
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172
Commercial Irrigation Rates
*Based on 2” commercial meter
**Based on 42,000 gallons
Option 1 Current Structure –No rate change
Option 2 Combined Seasonal Rates –This option will maintain the existing facility charge and
combine seasonal volume rates into one annual rate at the current revenue level. The average irrigation
customer will see a decrease in the monthly bill of $10.65.
Option 1 Option 2
Winter Summer Combined
Facility Charge*$50.99 $50.99 $50.99
Volume Charge
(x1,000)
$4.34 $6.00 $5.75
12
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173
Wholesale rates
Current
FY 2020-21
Proposed
FY 2021-22
Wholesale -WW2
Facility Charge / 30 days $288.72 $288.72
Demand Charge / per MGD $667,879 $667,879
Volume Charge / 1,000 Gallons $0.61 $0.61
Wholesale -Raw -WRW
Volume Charge / 1,000 Gallons (85% of Dallas)$0.7578 $0.7578
Wholesale Raw Wtr Pass Through -WCL
Volume Charge / 1,000 Gallons $0.0270 $0.0282*
*Will change when data becomes available.13
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174
Wastewater Rate Changes
Dyno Dirt Current
FY 2020-21
Proposed
FY 2021-22
Dyno Soil –per Cubic Yard $30.00 $35.00
Dyno Soil –per Cubic Yard 10-99 Yards 20% off $24.00 $28.00
Dyno Soil –per Cubic Yard 100 + Yards 40% off $18.00 $21.00
14
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175
Utility Rate Change History
Since FY 2018, the City’s continued emphasis on financial transparency and cost containment has
resulted in no rate increases for City of Denton Utilities.
Rate Increases/(Decreases)
Utility FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022
Electric 4.7%4.5%4.5%(1.2%)(3.5%)0 0 0
Water 3.0%6.3%4.3%0 0 0 (2.0%)0
Wastewater 6.0%2.7%1.8%0 (5.0%)0 0 0
Solid Waste 2.9%2.4%4.0%0 (12.0%)(12.0%)(5.0%)0
15
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176
Rate Recommendations
Water
Residential
•Regular and Irrigation Rate
•Option 2 -Combined seasonal rates and establish a
new tier from 0-7,500 gallons
Commercial
•Regular Rate
•Option 1 -Maintain current rate structure
•Irrigation Rate
•Option 2 -Combine seasonal rates
Wholesale
•Adjustments in accordance with Contracts
16
Wastewater
•Increase Dyno Soil rate
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177
Next Steps
•August 2, 2021 –City Council Budget Workshop
•August 23, 2021-PUB Rate Approval
•September 21, 2021 –City Council Adopts Budget, Tax Rate, Rates
and Capital Improvement Plan
17
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178
Questions?
18
ID21-456, July 27, 2021
179
FY 2021-22 Budget Presentation
Water Utilities Department
Wastewater Business Unit
ID21-456, July 27, 2021180
Budget
Overview
2ID21-456, July 27, 2021181
Organizational Chart
3
Director of Water Utilities Stephen Gay
Asst Director Water Utilities – OperationsVacant
Superintendent
Field OperationsCasey Bowles
Superintendent
Water ProductionHector Ortiz
Superintendent Water ReclamationRusty Willard
Water Utilities Administration Mgr Kim Mankin
Asst Director Water Utilities - Asset Mgmt and Infrastructure Pritam Deshmukh
Superintendent Vertical Infrastructure Chris Campbell
Water Utilities Asset MgmtTyler Dawson
Senior EngineerStephen Moore
ID21-456, July 27, 2021182
FTE Summary
4
•New FTEs
1 FTE Stormwater Inspector in Watershed Protection
FTEs FY 19-20 FY 20-21 FY 21-22
Wastewater Administration 6 --
Water Reclamation 26 23 23
Wastewater Collection 37 35 35
Field Services 6 9 9
Beneficial Reuse 7 7 7
Laboratory 4 4 4
Industrial Pretreatment 7.5 7.5 7.5
Drainage & Watershed 28 23 24
Total 121.5 108.5 109.5 ID21-456, July 27, 2021183
FY 2020-21 Focus Areas and Status Updates
▸Major Maintenance
•Hickory Creek/Old Alton Lift Station replacement –To be
completed FY2021
•Lakeview Interceptor Project –Under design
▸Infrastructure Improvements
•Pecan Creek Water Reclamation Facility Solids Handling
Project (Phase I) –Under design
•Hickory Creek Detention Facility –Under Construction
•Hickory Creek Interceptor Sewer Phase I and II –Under
construction
▸Improvements to planning
•Comprehensive Wastewater Master Plan -Underway 5ID21-456, July 27, 2021
184
Wastewater DepartmentFY 2021-22 Goals
▸Bid and Mobilize -Construction of Pecan Creek Plant Expansion
Phase I▸Complete -Construction of Hickory Creek Detention Facility▸Complete –Construction of Hickory Creek Interceptor Sewer Phase
I and II▸Bid and Mobilize -Construction of Hickory Creek Interceptor Phase
III and Dry Fork Interceptor Projects▸Complete -Construction of Robson Ranch Wastewater Main
Connection Project ▸Initiate -Decommissioning the Robson Ranch Wastewater
Treatment Facility▸Complete -Update to Impact Fee Study
6ID21-456, July 27, 2021185
0
5
10
15
20
25
30
35
202020212022202320242025202620272028202920302031203220332034203520362037203820392040Average Day Flow (mgd)Year2021 TWDB State Water Plan City Growth/Demand Projection
Proposed Capacity 100% Capacity - Existing
Wastewater Department FY 2021-22 Operational Data
7
Texas Commission on Environmental Quality (TCEQ) Requirement
•At 75% of design of expansion must begin
•At 90% of design construction must be underway
Design for Phase 1 of the Solids Handling/Chemically Enhanced Primary Treatment (CEPT) Project Underway
This will add 5 MGD Capacity
75% Capacity = 15.8 mgd
90% Capacity = 18.9 mgd
ID21-456, July 27, 2021186
Wastewater DepartmentOperational Data
8
Minor Maintenance (in linear feet)
Activity FY18-19 FY19-20 FY20-21
YTD
FY20-21
Projected
FY 21-22
Goal
Inspection 126,760 131,893 78,320 120,000 120,000
Cleaning 771,171 588,288 474,675 675,000 675,000
ID21-456, July 27, 2021187
Wastewater -Operational Data
9
Major Maintenance (linear feet)
Infrastructure
Replacement FY18-19 FY19-20 FY20-21
YTD
FY20-21
Projected
FY 21-22
Goal
In House –WW
Crews 12,778 5,087 9,087 12,000 8,000
Delivered by
Capital Projects 2,944 16,739 14,297 19,556 23,000
Total 15,722 21,826 23,384 31,556 31,000
Horizontal Project Delivery
Improvements:
•Resource Allocation: Utilizing the
Capital Projects Team to Deliver
Major Maintenance (Horizontal
Infrastructure) projects
throughout the City.
•Aligning Utility Replacements
with Streets Rehabilitation
Program (part of the new bond
program)
ID21-456, July 27, 2021188
Budget
Highlights
10ID21-456, July 27, 2021189
11
Wastewater Financial Assumptions
Volume Forecast
•2% growth forecasted in out years
•Hunter/Cole rate revenue included starting in FY 2023
Revenue
•2% growth forecasted in out years
•Continue to utilize impact fee funding to revenue fund projects
•Forecast includes Hunter/Cole rate revenue
Expense
•3% growth forecasted in out years
•Hunter/Cole expenses included
ID21-456, July 27, 2021190
12
Wastewater Revenue Detail
Revenues FY 2019-20
Actuals
FY 2020-21
Budget
FY 2020-21
Estimate
FY 2021-22
Proposed
Wastewater Residential $11,422,482 $11,583,684 $11,351,051 $11,879,945
Wastewater Commercial 11,730,566 13,130,746 12,867,043 13,466,574
Wastewater Wholesale 780,181 695,320 681,356 713,103
Other Water 2,233,124 1,800,692 2,016,064 2,068,050
Cost of Service 587,895 599,652 599,652 611,645
Drainage 5,089,545 5,079,576 5,339,222 5,638,695
Impact Fee Transfer 4,270,000 4,270,000 4,270,000 4,270,000
Total Revenue $36,113,794 $37,159,670 $37,124,388 $38,648,012
ID21-456, July 27, 2021191
13
Wastewater Expense Detail
Expenses FY 2019-20
Actuals
FY 2020-21
Budget
FY 2020-21
Estimate
FY 2021-22
Proposed
Personnel Services $8,601,780 $8,421,034 $8,416,565 $8,881,839
Materials & Supplies 988,031 1,215,709 1,215,063 1,323,420
Maintenance & Repair 1,090,847 1,694,791 1,693,892 2,295,605
Insurance & Miscellaneous 316,651 302,046 309,894 310,886
ROI & Franchise Fees 2,112,431 2,596,728 2,116,453 2,215,068
Operations & Purchased Power 3,395,352 3,457,376 3,455,541 3,507,212
Debt Service 7,478,576 6,767,023 7,043,462 7,825,131
Cost of Service 4,872,533 5,643,911 5,674,881 5,907,051
Capital Outlay 8,041,230 6,768,567 6,492,128 5,640,309
Total $36,897,431 $36,867,185 $36,417,879 $37,906,521
ID21-456, July 27, 2021192
14
Wastewater Expense By Division
Expenses FY 2019-20
Actuals
FY 2020-21
Budget
FY 2020-21
Estimate
FY 2021-22
Proposed
Administration $954,055 $-$-$-
Water Reclamation 6,156,380 6,120,563 6,098,804 6,617,618
Collection 7,095,756 7,074,984 7,049,833 6,227,832
Field Services 1,009,535 1,563,991 1,558,432 1,390,405
Beneficial Reuse 1,266,682 1,428,864 1,423,785 1,460,406
Laboratory 520,514 561,709 559,712 664,802
Industrial Pretreatment 743,932 823,762 820,833 835,919
Drainage 5,624,782 5,893,435 5,339,222 5,638,695
Debt 7,005,112 6,767,023 7,043,462 7,825,131
Transfers/Franchise Fees/ROI 6,520,683 5,632,854 5,523,796 7,245,713
Total 36,897,431 $36,867,185 $35,417,879 $37,906,521
ID21-456, July 27, 2021
193
15
Wastewater Ten-Year Forecast (includes Drainage)
*Includes future rate increases
Wastewater & Drainage FY 2020 FY 2021 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031
Actual Budget Estimate Preliminary Projected Projected Projected Projected Projected Projected Projected Projected Projected
Beginning Wastewater Fund Balance 17,145,479$ 14,361,842$ 14,361,842$ 15,068,351$ 15,809,842$ 17,407,748$ 16,948,836$ 15,349,056$ 15,115,952$ 13,570,496$ 11,787,438$ 10,108,850$ 8,528,171$
Wastewater Revenues
User Charge Revenue
Minimum Charge 5,709,250$ 5,726,724$ 5,926,682$ 6,258,334$ 6,605,386$ 6,793,704$ 6,990,764$ 7,192,238$ 7,402,211$ 7,619,726$ 7,922,220$ 8,233,761$ 8,471,500$
Volumetric Charge 18,276,713 18,332,654 18,972,768 19,801,288 21,723,806 23,045,242 23,880,500 25,052,459 25,790,841 26,298,085 27,083,845 27,885,463 28,424,436
Sewer Miscellaneous Revenue 2,233,049 2,936,858 2,615,716 2,679,695 2,916,844 2,971,055 3,026,351 3,085,636 2,960,233 3,018,992 3,078,927 3,140,060 3,202,416
Impact Fee Transfer In 4,270,000 4,270,000 4,270,000 4,270,000 4,270,000 4,270,000 4,270,000 4,270,000 4,270,000 4,270,000 4,270,000 4,270,000 4,270,000
Drainage 5,624,782 5,893,434 5,339,222 5,638,695 5,807,856 5,982,091 6,161,554 6,346,401 6,536,793 6,732,897 6,934,883 7,142,930 7,357,218
Total: Revenues 36,113,794$ 37,159,670$ 37,124,388$ 38,648,012$ 41,323,892$ 43,062,093$ 44,329,170$ 45,946,734$ 46,960,078$ 47,939,700$ 49,289,875$ 50,672,213$ 51,725,570$
Use of Reserves 783,637$ -$ -$ -$ -$ 458,912$ 1,599,780$ 233,104$ 1,545,456$ 1,783,058$ 1,678,588$ 1,580,679$ 1,793,504$
Total Resources 36,897,431$ 37,159,670$ 37,124,388$ 38,648,012$ 41,323,892$ 43,521,004$ 45,928,950$ 46,179,838$ 48,505,534$ 49,722,758$ 50,968,464$ 52,252,892$ 53,519,074$
Revenue Requirements
Operating Expenditures 14,639,756$ 15,090,955$ 15,090,955$ 15,583,714$ 15,981,769$ 16,461,222$ 16,955,059$ 17,463,710$ 17,987,622$ 18,527,250$ 19,083,068$ 19,655,560$ 20,245,227$
Transfers 4,769,468 5,643,911 5,674,881 5,907,051 6,084,263 6,266,791 6,454,794 6,648,438 6,847,891 7,053,328 7,264,928 7,482,876 7,707,362
Franchise Fee 1,242,607 1,527,487 1,244,973 1,302,981 1,416,460 1,491,947 1,543,563 1,612,235 1,659,653 1,695,891 1,732,974 1,770,922 1,809,758
Return on Investment Fee 869,825 1,069,241 871,481 912,087 991,522 1,044,363 1,080,494 1,128,564 1,161,757 1,187,123 1,213,081 1,239,646 1,266,830
Capital Projects (Rate Funded)7,397,201 5,992,128 5,992,128 5,339,544 3,233,675 3,199,880 3,298,221 3,113,762 3,566,853 3,893,858 4,223,174 4,554,869 4,889,015
Impact Fee Project Revenue Funding 500,000 500,000 500,000 250,000 250,000 250,000 250,000 250,000 250,000 250,000 250,000 250,000 250,000
Debt Service 7,478,576 7,043,462 7,043,462 7,825,131 11,034,893 14,073,396 15,613,413 15,229,723 16,298,354 16,381,903 16,467,834 16,565,614 16,617,477
Supplemental Packages 786,012 733,405 733,405 733,405 733,405 733,405 733,405 733,405 733,405 733,405
Total: Revenue Requirements 36,897,431$ 36,867,184$ 36,417,879$ 37,906,521$ 39,725,986$ 43,521,004$ 45,928,950$ 46,179,838$ 48,505,534$ 49,722,758$ 50,968,464$ 52,252,892$ 53,519,074$
Current Revenue Surplus/(Deficit)-$ 292,486$ 706,509$ 741,491$ 1,597,906$ -$ -$ -$ -$ -$ -$ -$ -$
Ending Wastewater Fund Balance 14,361,842$ 14,654,328$ 15,068,351$ 15,809,842$ 17,407,748$ 16,948,836$ 15,349,056$ 15,115,952$ 13,570,496$ 11,787,438$ 10,108,850$ 8,528,171$ 6,734,668$
Rate Increase 0%0%0%0%0%0%0%0%0%0%1%1%0%
Reserves
Minimum Target Fund Balance (100 days)10,108,885$ 10,100,598$ 9,977,501$ 11,533,800$ 11,454,075$ 12,059,259$ 12,222,637$ 12,232,366$ 12,479,007$ 12,741,624$ 13,010,932$ 13,289,667$ 13,562,145$
Maximum Target Fund Balance (140 days)14,152,439$ 14,140,838$ 13,968,501$ 16,147,320$ 16,035,705$ 16,882,962$ 17,111,692$ 17,125,312$ 17,470,610$ 17,838,273$ 18,215,305$ 18,605,534$ 18,987,003$
Impact Fee Reserve 9,519,000$ 9,519,000$ 9,519,000$ 9,519,000$ 9,519,000$ 9,519,000$ 9,519,000$ 9,519,000$ 9,519,000$ 9,519,000$ 9,519,000$ 9,519,000$ 9,519,000$
Drainage Reserve 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$
Development Plan Line 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$
ID21-456, July 27, 2021
194
16
Drainage Ten-Year Forecast
Drainage FY 2020 FY 2021 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031
Actual Budget Estimate Preliminary Projected Projected Projected Projected Projected Projected Projected Projected Projected
Beginning Drainage Fund Balance 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$
Drainage Revenues
Drainage Revenue Total 5,624,782$ 5,893,434$ 5,339,222$ 5,638,695$ 5,807,856$ 5,982,091$ 6,161,554$ 6,346,401$ 6,536,793$ 6,732,897$ 6,934,883$ 7,142,930$ 7,357,218$
Revenue Requirements
Transfers 625,143$ 684,117$ 657,058$ 673,428$ 693,631$ 714,440$ 735,873$ 757,950$ 780,688$ 804,109$ 828,232$ 853,079$ 878,671$
Operating Expenditures 2,718,514 3,123,800 2,596,647 2,751,077 2,833,609 2,918,617 3,006,176 3,096,361 3,189,252 3,284,930 3,383,477 3,484,982 3,589,531
Debt Service 473,464 276,439 276,439 - - - - - - - - - -
Capital Projects 1,807,661 1,809,078 1,809,078 2,059,218 2,125,643 2,194,062 2,264,533 2,337,118 2,411,881 2,488,886 2,568,202 2,649,897 2,734,043
Supplementals - - - 154,972 154,972 154,972 154,972 154,972 154,972 154,972 154,972 154,972 154,972
Total: Revenue Requirements 5,624,782$ 5,893,434$ 5,339,222$ 5,638,695$ 5,807,856$ 5,982,091$ 6,161,554$ 6,346,401$ 6,536,793$ 6,732,897$ 6,934,883$ 7,142,930$ 7,357,218$
Ending Drainage Fund Balance 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$
Reserves
Target
Target Balance 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$
ID21-456, July 27, 2021195
17
Wastewater 5-Year Capital Plan
Category FY 2022 FY 2023 FY 2024 FY 2025 FY 2026
Debt Funded Capital 44,212,652$ 62,170,763$ 44,523,823$ 10,566,361$ 16,679,295$
Revenue Funded Capital 4,777,282 2,671,413 2,637,618 2,735,959 2,551,500
Aid in Construction 82,000 82,000 82,000 82,000 82,000
Impact Fee Funding 250,000 250,000 250,000 250,000 250,000
Vehicle Replacement Fund 1,401,598 1,569,030 1,194,425 1,443,057 434,321
Total 50,723,532$ 66,743,206$ 48,687,866$ 15,077,377$ 19,997,116$
Wastewater CIP Summary
ID21-456, July 27, 2021196
18
Wastewater 5-Year Capital Plan (cont.)
Major Projects FY 21-22 Amount Funding Type Project Status
Solids Handling Improvements $14,000,000 Debt Phase I –Design
Completion July 2021
Hickory Creek WWTP Land Acquisition $5,800,000 Debt Expected to Close
Hickory Creek Interceptor III $4,000,000 Debt Under Design
Milam Creek Basin $4,000,000 Debt Start Design FY 2022
Field Service Replacements $2,684,077 Debt Under Design
2019 Bond Election $2,173,911 Debt Under Design
Bonnie Brae Phase 3 $1,500,000 Debt Under Design
PCWRP Headworks Reconfiguration $1,500,000 Debt Start Design –Oct 2021
Wastewater Masterplan $1,500,000 Revenue
Total $37,157,988
ID21-456, July 27, 2021197
19
Wastewater 5-Year Capital Plan (cont.)
Major Projects FY 20-21
Amount
FY 21-22
Amount
FY 22-23
Amount
Project
Status
(Design)
Project Status
(Construction)
Solids Handling Improvements $2,500,000 $14,000,000 $7,450,000
Phase I –Digester Cover, Valves and Diffuser $565,406 $3,399,994 Completed
July 21 Oct 21 –May 22
Phase II -Cloth Effluent Filters $1,296,000 $10,106,213 693,787 Completed
Oct 21 Dec 21 –Dec 22
Phase III –Solids Handling Upgrades $638,594 $493,793 $6,783,013 Completed
May 22 Aug 22 –Dec 23
Hickory Creek WWTP Land Acquisition $5,800,000 Expected to Close in July 21
ID21-456, July 27, 2021198
Budget
Requests
20ID21-456, July 27, 2021199
21
Supplemental Package Summary
Package Title Requested
By
One-time
Cost
Recurring
Cost
FY 2021-22
Total
New
FTE Notes
System Repair
Materials Collection -$250,000 $250,000 -Increased Materials
Costs
Street Cuts Collection -$215,000 $215,000 -Streets Workload
License
Incentive Collection -$7,000 $7,000 -Employee Retention
Line Locating Collection -$150,000 $150,000 -Reallocating Resources
Inspector Watershed -$79,105 $79,105 1 Meet 3-week Inspection
Goals
Total -$701,105 $701,105 1
ID21-456, July 27, 2021200
Questions?
22ID21-456, July 27, 2021201
1
MEMORANDUM
DATE: July 23, 2021
TO: Honorable Mayor and Members of the City Council
FROM: Cassandra Ogden, Director of Finance
SUBJECT: City Council Audit of Water System Operations Rate Structure Feedback
Information regarding the FY 2021-22 Audit of Water System Operations Rate Structure was
presented to the City Council on June 22nd. City Council had questions which are outlined below.
Please let me know if you have questions or need additional information.
1. How does Denton compare in terms of consumption level frequency to peer cities?
The Conserve North Texas Recommendation for Water Conservation and Reuse in Region C is to
achieve a voluntary goal of 140 gallons per capita daily (GPCD) for municipal water use. In 2020
the City of Denton’s GPCD was 140.6. The table below displays a ten-year history of GPCD in
Denton. In addition, we have reached out to several municipalities in the area and are waiting to
hear back regarding their GPCD data.
Year Denton
GPCD
Denton
Residential
GPCD
2011 172.8 78.5
2012 158.1 71.9
2013 157.7 67.7
2014 138.5 58.2
2015 140.0 57.0
2016 140.2 56.2
2017 134.5 55.7
2018 148.7 64.2
2019 135.9 53.0
2020 140.6 60.1
Finance Department * 215 E. McKinney * Denton, TX 76201
(940) 349-8224 * DFW Metro (972) 434-2259 * Fax (940) 349-7206
202
2
2. What is the average residential usage for the peer cities?
The recommended water conservation and reuse in Region C is 140 gallons per capita daily
(GPCD) (see Question 1). In addition, we have reached out to several municipalities in the area
and are waiting to hear back about their average residential usage numbers.
Water
Utility
Average
Residential Usage
(Gal/Month) FY20
Denton 7,600
Dallas 7,950
3. Want to find out if anyone is succeeding at reducing water usage and to what do they
attribute that?
a. Rate Structure - Rates and rate structure are vitally important. Some agencies have found
that tiered rates lose their effect. The upper tiers become ineffective and obsolete. The
tiers should be examined and pushed down.
b. Development Code – Changing the landscape development code for new development
by requiring native landscaping that does not require irrigation. It is easier to stop high
water demand landscaping upfront than try to incentivize change after the fact.
c. Rebate Program – Offering a rebate program to incentivize customers to convert to native
landscaping with a drip watering system.
d. Water waste prohibition as a condition of water service – Some utilities issue fees on the
water bill for violations of water waste. An example is water runoff into the street.
4. What are we trying to incentivize by having a relatively lower rate per thousand-gallon
for commercial usage than residential usage when actual total consumption for each
customer class is about the same?
Residential rates are applied to normalized water usage patterns. Higher rates are applied to
significant amounts of irrigation and does not affect water needs which are considered necessary.
Commercial water use varies significantly based on individual operations and lot sizes. Rates are
set to irrigation and non-irrigation to best capture use from necessary operations and non-
necessary irrigation.
5. Less than two-hour version of why it’s [rates are] being incentivized that way.
Rate-based incentives are effective. Inverted block rates also help to address impacts caused by
increases to peak demand, which are more costly than increases to average daily demand.
203
3
6. Did you look at relative savings versus cost element of requiring commercial customers
to separately meter their irrigation?
Doing this cost analysis was the recommendation of Internal Audit. There would be non-financial
benefits such as, better data on commercial irrigation usage and additional rate flexibility. This is
intended to equitably charge rates based on cost impacts. Rate studies help us understand how
effectively our rates meet our equity goals.
7. Is there a mechanism that would allow us to indicate on the bill when customers go
from block 1 to block 2 on the bill?
Having this kind of indication was the recommendation of Internal Audit. Customer service is
going to add this to the bills if it is possible and feasible. There are requirements that are legally
required in the customer bills and Customer Service is in the process of updating the bill layout.
8. Want to see staff dig deeper into lowering the block one consumption threshold and
also lowering the rate for this block; goal is to reduce usage so are there changes that
can be made to the development code that could incentivize zero-scaping, native
grasses, etc.
Rate options will be discussed on July 27,2021.
9. If average peak is under first block threshold (15,000 gallons), isn’t it doing its job?
It depends on the policy you want to set with rate structure; assumed based on inclining block
rates that the City wanted to discourage discretionary usage, which is within that peak based on
winter usage average of 5,000 gallons. The rate setting policy question involves to what extent
we consider irrigation non-discretionary usage or in other words what levels of usage we do not
want to discourage.
10. Do we have any idea how many of the residential irrigation customers are operating
small sale agriculture?
Internal Audit was told by Customer Service that they are mostly HOAs for neighborhood
watering, but Internal Audit did not do an analysis to determine an exact amount. The process
would be to go into each customer’s account and do research on each specific account owner.
11. Has there been any cost analysis on how requiring separate commercial irrigation
meters would impact commercial customers?
204
4
Internal Audit did not do this cost analysis, but the recommendation was to do that; there are
non-financial benefits of separately metering including better data and increased rate flexibility.
This is a rate decision. See answer to #4. Irrigation meters allow us to apply irrigation rates
properly for better cost equity.
12. Is there a specific proposal for altering the residential blocks?
Rate options will be discussed on July 27,2021.
13. Has there been discussion of raising the rates for blocks 2, 3, & 4 while lowering the
rates for block 1?
Rate options will be discussed on July 27,2021.
14. Would like to see a way to normalize the water usage, specifically in regard to property
size and how much land a customer is irrigating – there is a beautification element to
that if we give credit for “green lawn of the week”
Keep Denton Beautiful (KDB) has provided awards for lawns and gardens in the past.
15. Stated that there was an issue with the rate structure where new customers were being
billed based on the previous customer’s usage patterns
This should only be applicable to Wastewater, where the City cannot reasonably meter volume.
Volumes are assessed based on the prior winter’s water use, so new customers may need several
months to establish their own usage patterns. For a customer with no billing history, Wastewater
is set at 5,400 gallons until the customer establishes an average.
205
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 21-1054,Version:1
AGENDA CAPTION
Receive a report, hold a discussion, and give staff direction regarding a follow up of federal American Rescue
Plan (ARP) Act of 2021 and proposed uses for ARP funds received by the City of Denton.
City of Denton Printed on 7/23/2021Page 1 of 1
powered by Legistar™206
City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Finance
ACM/CFO: David Gaines
DATE: July 27, 2021
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding a follow up of federal American
Rescue Plan (ARP) Act of 2021 and proposed uses for ARP funds received by the City of Denton.
BACKGROUND
Beginning in December 2019, a novel coronavirus (COVID-19) spread throughout the world and was
declared a global pandemic by the World Health Organization. Over the last year, the federal government
has approved relief programs aimed at supporting efforts in response to COVID-19. Through the
Coronavirus Aid, Relief, and. Economic Security Act (CARES), the City received $7.4 million in funding
to address housing support, public safety expenses, and capital needs. An additional $412,869 in relief
funding has been received by the Fire, Police, Library, and Airport Departments specific to their operations.
On March 11, 2021, the ARP was signed into law providing $1.9 trillion in funding for relief from the
COVID-19 public health emergency and its economic impacts. Included is funding for small business and
aid to households that will be administered by federal agencies as well as $350 billion for State, local, and
Tribal governments. The City of Denton’s allocation under the Act is $23.29 million and Denton County
will receive $170.07 million.
Eligible uses of funding are outlined in four categories:
1. To respond to the public health emergency or its negative economic impacts, including
assistance to households, small businesses, and nonprofits, or aid to impacted industries such as
tourism, travel, and hospitality;
2. To respond to workers performing essential work during the COVID-19 public health
emergency by providing premium pay to eligible workers;
3. For the provision of government services to the extent of the reduction in revenue due to the
COVID–19 public health emergency relative to revenues collected in the most recent full fiscal
year prior to the emergency; and
4. To make necessary investments in water, sewer, or broadband infrastructure.
The City of Denton will receive $23.29 million in federal aid across two years. Half of this funding ($11.65
million) became available in May 2021, and the remaining half will be available in May 2022. Funds can
be used to cover costs incurred beginning March 3, 2021. All cost must be incurred or obligated by
December 31, 2024. The period of performance will run until December 31, 2026, at which time all projects
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
207
must be completed. The Treasury Department has released interim guidelines with final guidelines expected
Fall 2021.
On Tuesday, May 25, the Denton City Council received a presentation and discussed potential uses of the
ARPA funding. In that meeting the Council indicated an initial preference to prioritize and use the funding
to support public health resources and reduce the negative economic impacts of the pandemic. The Council
also supported hearing feedback from the community regarding these funds before deciding upon funding
allocations for the first half of this funding.
The City launched a survey from Tuesday, June 8 through Friday, June 18, 2021 to gather input from the
community on the uses for this funding. The survey was shared on all media platforms to encourage
participation. The survey received 243 responses. Approximately 95 percent of the respondents reported to
be Denton residents with 51 percent reporting as property owners in the City. Over 70 percent of
respondents identified being in the 76209-zip code.
Funding to address homelessness, including temporary and permanent shelters, was ranked the highest
priority at 62 percent in the use of ARP funds to support public health resources. Grant assistance for
behavioral health services was ranked second in high priority at 49 percent.
In the category of using ARP funds to address negative economic impacts from the pandemic, grant
assistance programs for small businesses was ranked a high priority at 52 percent with financial support to
nonprofit organizations ranked highest in medium priority at 47 percent.
Additional details on the results are outlined in Exhibit 4.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
May 25, 2021 - The City Council received a presentation and discussed potential uses of the American
Rescue Plan Act funding.
EXHIBITS
1. Agenda Information Sheet
2. Presentation
3. Coronavirus State and Local Fiscal Relief Fund Interim Final Guidance
4. ARPA Survey Results
Respectfully submitted:
Cassey Ogden
` Finance Director
940-349-7195
208
Work Session
American Rescue Plan (ARP) Act
July 27, 2021
1ID#21-1054, July 27, 2021
209
Today’s Discussion
•Overview of American Rescue Plan (ARP) Act of 2021
•Project Interest
•Citizen Survey Results
•Proposed Use of ARP Funds
•Next Steps
2ID#21-1054, July 27, 2021
210
ARP Act Funding Summary
•American Rescue Plan Act of 2021 (ARP) –enacted March 11, 2021
•$1.9 trillion pandemic relief bill
•Authorized $350 Billion in state and local government fiscal assistance
•City of Denton
•Local Fiscal Assistance: $23.29 million in two “tranches”
•50% delivered June 2021
•50% delivered no later than 1 year after first tranche
•Awaiting release of further program information
•HOME Funding: $1,763,622
•Tenant-based rental assistance, housing support, certain shelter activities
•Airport Funding: $148,000
•Provide economic relief to airports affected by the COVID-19 pandemic –awaiting release of further program information
•Denton County
•Local Fiscal Assistance: $172.37 million
•Emergency Rental Assistance: $18.25 million
3ID#21-1054, July 27, 2021
211
ARP Funding Parameters
4ID#21-1054, July 27, 2021
•Respond to COVID-19 or its Economic Impacts
•Programs and projects must respond to negative impacts of COVID-19 pandemic, per Treasury guidance.
•Replace Revenue lost due to COVID-19
•Revenue shortfalls across general revenue streams; excludes utility revenue
•Provide Premium Pay to Eligible Essential Workers
•Invest in Water, Sewer, Storm water and Broadband Infrastructure
Treasury released Interim Guidance, Final Guidance expected Fall 2021
212
Goals for Use of ARP Funding
•Prioritize funding for existing and one-time programs
•Avoid an ongoing financial commitment beyond available funding
Create Sustainable
Solutions
•Focus on solutions that have immediate impact
•Target individuals and/or specific economic sectors
Address Immediate
Needs
•Partner with organizations to leverage funding and expertise
•Consider one-time projects with high or ongoing positive impacts
Achieve Long-Term
Benefits
5ID#21-1054, July 27, 2021
213
Project Interest –Work Session May 25, 2021
Potential Projects*ARP Category Fiscal Year One-time or
Reoccurring Costs Estimated Funding
Day Center & Overnight Shelter (Loop 288 Building)Support Public Health Resources FY 2022 One-time $5,000,000
Vaccine Clinic Support Support Public Health Resources FY 2022 One-time $500,000
Temporary Alternative Shelter Support Public Health Resources FY 2022 One-time $500,000
Behavioral Healthcare Services (grant program)Support Public Health Resources FY 2022 One-time $500,000
Emergency Management Program Manager Support Public Health Resources FY 2022 Reoccurring $120,000
Public Communication Software (Code Red replacement)Support Public Health Resources FY 2022 Reoccurring $70,000
Non-Profit Capacity Support (grant program)Address Negative Economic Impacts FY 2022 One-time $500,000
Lease & Rent Relief for Small Businesses (grant program)Address Negative Economic Impacts FY 2022 One-time $2,000,000
Business building health improvements (grant program)Address Negative Economic Impacts FY 2022 One-time $500,000
Arts/Music/Cultural Business Grant Program Address Negative Economic Impacts FY 2022 One-time $500,000
HOT Fund Revenue Replacement Address Negative Economic Impacts FY 2022 One-time $1,000,000
Pecan Creek Phase 3 & 4 Water & Sewer Infrastructure FY 2022 & 2023 One-time $20,300,000
Elm & Locust Street (Water/WW/Drainage)Water, Sewer & Storm Water Infrastructure FY 2022 & 2023 One-time $20,200,000
Storm water Master Plan Storm Water Infrastructure FY 2022 One-time $500,000
Sedimentation Basin Improvement (LLWTP)Water & Sewer Infrastructure FY 2022 One-time $2,700,000
Disinfection System Modifications (LRRWTP)Water & Sewer Infrastructure FY 2022 One-time $5,000,000
6
*Subject to project eligibility
ID#21-1054, July 27, 2021
214
Citizen Survey
7ID#21-1054, July 27, 2021
•June 8th –June 18th
•243 Responses
•95% reported
Denton residents
•51% reported
property owners
•Over 70% identified living in 76209
I am a resident of
the city of
Denton
I am a business
owner in the city
of Denton
I am a property
owner in the city
of Denton
I am a student in
the city of
Denton
I am a renter in
the city of
Denton
I am an
employee
working in the
city of Denton
Other (please
specify)
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
About Me: (Select all that apply)
Responses
215
Support of
Public Health
Resources
8ID#21-1054, July 27, 2021
Funding to address homelessness,
including temporary and
permanent shelters
Grant assistance for behavioral
healthcare services
Funding for vaccine clinic and
outreach support
Funding an Emergency
Management Program Manager
0%
10%
20%
30%
40%
50%
60%
70%
Please rank the following opportunities to use ARPA funds to support
public health resources:
High Priority
Medium Priority
Low Priority
No Priority
216
Opportunities
to Address
Negative
Economic
Impacts
9ID#21-1054, July 27, 2021
Financial support to nonprofit organizations Grant assistance programs for small
businesses
Grant assistance programs supporting local
music and arts
0%
10%
20%
30%
40%
50%
60%
Please rank the following opportunities to use ARPA funds to
address negative economic impacts from the pandemic:
High Priority
Medium Priority
Low Priority
No Priority
No Response
217
Proposed Projects –Year 1
10
*Subject to project eligibility
**50% funded from General Fund
ID#21-1054, July 27, 2021
Proposed projects include program administration expenses
Potential Projects*ARP Category Fiscal Year
One-time or
Reoccurring
Costs
Estimated Funding
Day Center & Overnight Shelter (Loop 288 Building)Support Public Health Resources FY 2022 One-time $5,000,000
Vaccine Clinic Support Support Public Health Resources FY 2022 One-time $550,000
Temporary Alternative Shelter Support Public Health Resources FY 2022 One-time $550,000
Behavioral Healthcare Services (grant program)Support Public Health Resources FY 2022 One-time $895,000
Emergency Management Program Manager**Support Public Health Resources FY 2022 Reoccurring $95,000
Public Communication Software (Code Red replacement)Support Public Health Resources FY 2022 Reoccurring $75,000
Street Outreach Expansion (FTE’s)**Support Public Health Resources FY 2022 Reoccurring $250,000
Street Outreach Expansion (Vehicle)Support Public Health Resources FY 2022 One-time $50,000
Non-Profit Capacity Support (grant program)Address Negative Economic
Impacts FY 2022 One-time $550,000
Lease & Rent Relief for Small Businesses (grant program)Address Negative Economic
Impacts FY 2022 One-time $2,330,000
Arts/Music/Cultural Business Grant Program Address Negative Economic
Impacts FY 2022 One-time $550,000
City Facilities -COVID updates Address Negative Economic
Impacts FY 2022 One-time $750,000
Total $11,645,000
218
Next Steps
•Develop proposed program parameters to implement and
administer grant programs.
•ARP Funding will be included in Proposed Budget.
•Budget Adoption scheduled September 21, 2021.
11
219
Questions?
12ID#21-1054, July 27, 2021
220
Coronavirus State & Local Fiscal Relief Fund
Interim Final Guidance
Main Web Site
https://home.treasury.gov/policy-issues/coronavirus/assistance-for-state-local-and-tribal-
governments/state-and-local-fiscal-recovery-funds
Application Portal
Local governments that are direct recipients of funding from the program – counties and
metropolitan cities (CDBG-entitlement cities) – should submit their application via the Treasury
Department application portal as soon as possible to ensure that they receive their first allocation
in a timely manner:
https://home.treasury.gov/policy-issues/coronavirus/assistance-for-state-local-and-tribal-
governments/state-and-local-fiscal-recovery-fund/request-funding.
Allocations
Treasury has posted allocations for states, counties, and metropolitan cities.
Treasury has not yet posted funding amounts for non-entitlement units of local government,
which will receive their funds as a sub-allocation from the state.
• Treasury expects to provide further guidance on distributions to non-entitlement units in
the coming days.
• Non-entitlement units of local government should note that the law requires states to
sub-allocate funds within 30 days of receipt.
Overview
The 134-page interim final rule provides detail on the scope of the seven eligible uses for the
funds that Congress included in the statute.
It also provides details on prohibited uses, outlines reporting requirements, and lists specific
questions that Treasury would like stakeholders to address in their comments.
• Responses to those specific questions and all other comments will be due 60 days after
the interim final rule is published in the Federal Register (probably sometime next week
so approximately on July 16, 2021.)
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At the broadest level, the interim final rule aims to provide state, tribal, and local governments
with “flexibility to determine how best to use payments from the Fiscal Recovery funds to meet
the needs of their communities and populations.”
• It goes on to state that “The interim final rule facilitates swift and effective
implementation by establishing a framework for determining the types of programs and
services that are eligible under the ARPA along with examples that state, tribal, and local
governments may consider.”
Public Health
This category is perhaps the clearest and most flexible of all the eligible uses of Fiscal Recovery
Funds, with the interim final rule stating that it “identifies a non-exclusive list of uses that address
the COVID-19 public health emergency.”
Eligible uses under this category include the following specific items.
COVID-19 Containment & Mitigation
• Vaccination programs
• Medical expenses
• Testing and contact tracing
• Isolation or quarantine
• PPE purchases
• Support for vulnerable population to access medical or public health services
• Public health surveillance
• Enforcement of public health orders
• Public communication efforts
• Enhancement of healthcare capacity, including alternative care facilities
• Support for prevention, mitigation, or other services in congregate facilities and schools
• Enhancement of public health data systems
• Capital investments in public facilities to meet pandemic operational needs
• Ventilation improvements in key settings such as healthcare facilities
Behavioral Healthcare Needs Exacerbated by the Pandemic
• Mental health treatment
• Substance misuse treatment
• Other behavioral health services
• Hotlines or warmlines
• Crisis intervention
• Services or outreach to promote access to health and social services
Public Health & Safety Staff
• Payroll and covered benefit expenses for public health, healthcare, human services, public
safety, and similar employees, to the extent that they work on COVID-19 response. (For
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administrative convenience, the interim final rule allows recipients to consider such
employees as entirely devoted to responding to the pandemic.)
Address Disparities in Public Health Outcomes
• In recognition of the disproportionate impact of the pandemic on low-income
communities, the interim final rule presumes that certain types of services and programs
performed in Qualified Census Tracts are eligible, including community health workers,
public benefits navigators, housing services to support healthy living environments,
remediation of lead paint or other lead hazards, and evidence based community violence
intervention programs to mitigate the increase in violence during the pandemic.
Negative Economic Impacts
Eligible uses under this category include:
• Job training,
• Deposits into state unemployment insurance trust funds,
• Aid to households, facing negative economic impacts of the pandemic, including cash
transfer “proportional to negative economic impact” (food assistance, rent, mortgage, or
utility assistance, counseling and legal aid to prevent eviction or homelessness,
emergency burial assistance, home repairs, weatherization, internet access or digital
literacy assistance. (The interim guidance allows recipients to presume that a household
or population that experienced unemployment or food or housing insecurity or is low- or
moderate-income experienced negative economic impacts from the pandemic.),
• Expenses to improve the efficacy of economic relief programs,
• Loans or grants to small businesses and nonprofits to mitigate pandemic-related financial
hardship,
• Rehiring state, local, and tribal government staff, and
• Aid to impacted industries (travel, tourism, and hospitality) to respond to pandemic-
related economic impacts, including mitigation and infection prevention measures to
enable safe resumption of business.
In recognition of the disproportionate negative economic impacts on certain communities and
population, Treasury will presume that certain services are eligible uses, including:
• Building stronger communities through investments in housing and neighborhoods in
lower-income neighborhoods (homeless services, affordable housing development,
housing vouchers, housing counseling, housing navigation to assist with moves to higher
opportunity neighborhoods),
• Addressing educational disparities (enhanced early learning, assistance to high-poverty
school districts, evidence-based education services such as tutoring, summer, after school
and other extended learning, evidence-based practices to address social, emotional, and
mental health needs of students)
• Promoting healthy childhood environments (new or expanded childcare, home visiting
programs, enhanced child welfare services)
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Premium Pay
The statute allows recipients to use funds to provide premium pay to eligible workers performing
essential work during the COVID-19 public health emergency or to provide grants to third parties
to provide premium pay of up to $13 per hour up to $25,000 to such workers.
The interim final rule defines eligible workers to include:
• Staff at nursing homes, hospitals, and home care settings,
• Workers at farms, food production facilities, grocery stores, and restaurants,
• Janitors and sanitation workers,
• Truck drivers, transit staff, and warehouse workers,
• Public health and safety staff,
• Childcare workers, educators, and other school staff, and
• Social services and human services staff.
The final rule allows the chief executive officer of each recipient to add additional sectors to the
above list. In addition, the final rule requires that any premium pay program prioritize lower
income workers that perform essential work by limiting premium pay to a threshold of 150% of
the state average annual wage for all occupations.
Revenue Loss
Per the statute, the interim final rule allows recipients to use funds to cover revenue loss due to
the pandemic, using the most recent fiscal year completed prior to the pandemic as a baseline.
The interim final rule allows recipients to calculate revenue loss by comparing actual revenue to
what would have been expected to occur absent the pandemic. Recipients can use their average
annual revenue growth rate over the three full years prior to the pandemic or 4.1% (the national
average of state and local government revenue growth over the three years prior to the
pandemic). For administrative convenience, the interim final rule presumes that any diminution
of actual revenue relative to the expected trend is due to the pandemic.
Recipients may immediately apply funds upon receipt to any 2020 revenue reduction and will
have the opportunity to recalculate revenue loss through the end of the program.
Local governments had hoped that Treasury would allow the calculation of revenue loss by
specific streams of revenue. However, the interim final rule requires recipients to calculate
revenue loss across all streams of revenue. It includes intergovernmental transfers between state
and local governments but excludes intergovernmental transfers from the federal government.
Water, Sewer & Broadband Infrastructure
On water and sewer, the interim final rule aligns use of the funds with those of the Drinking
Water and Clean Water State Revolving Loan Funds, including projects on privately owned
infrastructure.
• In response to local government requests, the interim final rule includes stormwater in
the broad definition of water and sewer infrastructure.
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• In addition, the interim final rule specifically encourages investments in lead pipe
replacement, consolidation or establishment of water and sewer systems, water and
sewer cybersecurity, and projects to address or mitigate climate change, including
resilience and green infrastructure.
On broadband, the interim final rule allows for investments that are designed to provide services
providing speeds of up to 100 Mbps, with a focus on providing or expanding service to unserved
and underserved areas, defined as areas that lack access to a wireline connection capable of
reliably delivering speeds of 25 Mbps download and 3 Mbps upload.
Transfers to Other Entities
The statute allows recipients to transfer funds to a private nonprofit organization (as that term
is defined in paragraph (17) of section 401 of the McKinney-Vento Homeless Assistance Act (42
USC 11360(17)), a public benefit corporation involved in the transportation of passengers or
cargo, or a special purpose unit of state or local government.
• The interim final rule clarifies that the statute’s list of transferees is not exclusive.
Recipients remain responsible for reporting the use of transferred funds.
Non-Entitlement Units of Local Government
The statute and interim final rule require the states to sub-allocate funds to non-entitlement
units of local governments within 30 days and prohibit the states from imposing any additional
requirements on the funds. In addition, the statute and interim final rule require states to limit
sub-allocation to more than 75% of a local government’s most recent budget.
Timing
The statute requires recipients to use funds by December 31, 2024; the interim final rule
interprets that to mean that recipients must obligate funds by that date.
• The reporting and performance periods for the funds will therefore run through
December 31, 2026.
Ineligible Uses
Per the statute, the interim rule specifically prohibits local governments from using funds to make
“extraordinary” contributions to pension funds.
• However, the interim rule allows payments into a pension fund as part of regular
employee compensation provided with the funds.
Other ineligible uses include:
• A general, non-broadband, water, sewer, or stormwater infrastructure project unless the
project responds to a specific pandemic public health need (such as a vaccine delivery
facility),
• Contributions to rainy day funds, financial reserves, or similar funds,
• Satisfaction of any obligation arising under or pursuant to a settlement agreement, and
judgement, consent decree, or judicially confirmed debt restructuring plan except to the
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extent it requires the provision of services that would respond to the COVID-19 public
health emergency).
Reporting
The interim final rule requires recipients to submit an interim outlining uses through July 31, 2021
by August 31, 2021.
• Non-entitlement units of local government are not required to submit an interim report.
Recipients will subsequently have to submit quarterly report through the end of the performance
period on December 31, 2026, with reports due 30 days after the end of each calendar quarter.
• Reports will include financial data, information on contracts and subawards over $50,000,
types of projects funded, and other information regarding use of the funds.
Recipients with over 250,000 population will also have to submit an annual Recovery Plan
Performance report.
• The Recovery Plan Performance report will provide the public and Treasury information
on the projects that recipients are undertaking with program funding and how they are
planning to ensure project outcomes are achieved in an effective, efficient, and equitable
manner.
• Each jurisdiction will have some flexibility in terms of the form and content of the
Recovery Plan Performance report, provided it includes the minimum information
required by Treasury.
• The initial report will be due August 31, 2021 with subsequent reports due 30 days after
the end of the year.
Specific Questions
Treasury is accepting all comments on the interim final rule but is seeking answers to these
specific questions.
1) Are there other types of services or costs that Treasury should consider as eligible uses to
respond to the public health impacts of COVID-19? Describe how these respond to the
COVID-19 public health emergency.
2) The interim final rule permits coverage of payroll and benefits costs of public health and
safety staff primarily dedicated to COVID-19 response, as well as rehiring of public sector
staff up to pre-pandemic levels. For how long should these measures remain in place?
What other measures or presumptions might Treasury consider to assess the extent to
which public sector staff are engaged in COVID-19 response, and therefore reimbursable,
in an easily-administrable manner?
3) The interim final rule permits rehiring of public sector staff up to the government’s pre-
pandemic staffing level, which is measured based on employment as of January 27, 2020.
Does this approach adequately measure the pre-pandemic staffing level in a manner that
is both accurate and easily administrable? Why or why not?
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4) The interim final rule permits deposits to Unemployment Insurance Trust Funds, or using
funds to pay back advances, up to the pre-pandemic balance. What, if any, conditions
should be considered to ensure that funds repair economic impacts of the pandemic and
strengthen unemployment insurance systems?
5) Are there other types of services or costs that Treasury should consider as eligible uses to
respond to the negative economic impacts of COVID-19? Describe how these respond to
the COVID-19 public health emergency.
6) What other measures, presumptions, or considerations could be used to assess
“impacted industries” affected by the COVID-19 public health emergency?
7) What are the advantages and disadvantages of using Qualified Census Tracts and services
provided by Tribal governments to delineate where a broader range of eligible uses are
presumed to be responsive to the public health and economic impacts of COVID-19? What
other measures might Treasury consider? Are there other populations or geographic
areas that were disproportionately impacted by the pandemic that should be explicitly
included?
8) Are there other services or costs that Treasury should consider as eligible uses to respond
to the disproportionate impacts of COVID-19 on low-income populations and
communities? Describe how they respond to the COVID-19 public health emergency or
its negative economic impacts, including its exacerbation of pre-existing challenges in
these areas.
9) The interim final rule includes eligible uses to support affordable housing and stronger
neighborhoods in disproportionately impacted communities. Discuss the advantages and
disadvantages of explicitly including other uses to support affordable housing and
stronger neighborhoods, including rehabilitation of blighted properties or demolition of
abandoned or vacant properties. In what ways does, or does not, this potential use
address public health or economic impacts of the pandemic? What considerations, if any,
could support use of Fiscal Recovery Funds in ways that do not result in resident
displacement or loss of affordable housing units?
10) Are there additional sectors beyond those listed in the interim final rule that should be
considered essential critical infrastructure sectors?
11) What, if any, additional criteria should Treasury consider to ensure that premium pay
responds to essential workers?
12) What consideration, if any, should be given to the criteria on salary threshold, including
measure and level, for requiring written justification?
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13) Are there sources of revenue that either should or should not be included in the interim
final rule’s measure of “general revenue” for recipients? If so, discuss why these sources
either should or should not be included.
14) In the interim final rule, recipients are expected to calculate the reduction in revenue on
an aggregate basis. Discuss the advantages and disadvantages of, and any potential
concerns with, this approach, including circumstances in which it could be necessary or
appropriate to calculate the reduction in revenue by source.
15) Treasury is considering whether to take into account other factors, including actions taken
by the recipient as well as the expiration of the COVID-19 public health emergency, in
determining whether to presume that revenue losses are “due to” the COVID-19 public
health emergency. Discuss the advantages and disadvantages of this presumption,
including when, if ever, during the covered period it would be appropriate to reevaluate
the presumption that all losses are attributable to the COVID-19 public health emergency.
16) Do recipients anticipate lagged revenue effects of the public health emergency? If so,
when would these lagged effects be expected to occur, and what can Treasury to do
support these recipients through its implementation of the program?
17) In the interim final rule, paying interest or principal on government debt is not considered
provision of a government service. Discuss the advantages and disadvantages of this
approach, including circumstances in which paying interest or principal on government
debt could be considered provision of a government service.
18) What are the advantages and disadvantages of aligning eligible uses with the eligible
project type requirements of the DWSRF and CWSRF? What other water or sewer project
categories, if any, should Treasury consider in addition to DWSRF and CWSRF eligible
projects? Should Treasury consider a broader general category of water and sewer
projects?
19) What additional water and sewer infrastructure categories, if any, should Treasury
consider to address and respond to the needs of unserved, undeserved, or rural
communities? How do these projects differ from DWSFR and CWSRF eligible projects?
20) What new categories of water and sewer infrastructure, if any, should Treasury consider
to support State, local, and Tribal governments in mitigating the negative impacts of
climate change? Discuss emerging technologies and processes that support resiliency of
water and sewer infrastructure. Discuss any challenges faced by States and local
governments when pursuing or implementing climate resilient infrastructure projects.
21) Infrastructure projects related to dams and reservoirs are generally not eligible under the
CWSRF and DWSRF categories. Should Treasury consider expanding eligible infrastructure
under the interim final rule to include dam and reservoir projects? Discuss public health,
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environmental, climate, or equity benefits and costs in expanding the eligibility to include
these types of projects.
22) What are the advantages and disadvantages of setting minimum symmetrical download
and upload speeds of 100 Mbps? What other minimum standards would be appropriate
and why?
23) Would setting such a minimum be impractical for particular types of projects? If so, where
and on what basis should those projects be identified? How could such a standard be set
while also taking into account the practicality of using this standard in particular types of
projects? In addition to topography, geography, and financial factors, what other
constraints, if any, are relevant to considering whether an investment is impracticable?
24) What are the advantages and disadvantages of setting a minimum level of service at 100
Mbps download and 20 Mbps upload in projects where it is impracticable to set minimum
symmetrical download and upload speeds of 100 Mbps? What are the advantages and
disadvantages of setting a scalability requirement in these cases? What other minimum
standards would be appropriate and why?
25) What are the advantages and disadvantages of focusing these investments on those
without access to a wireline connection that reliably delivers 25 Mbps download by 3
Mbps upload? Would another threshold be appropriate and why?
26) What are the advantages and disadvantages of setting any particular threshold for
identifying unserved or underserved areas, minimum speed standards or scalability
minimum? Are there other standards that should be set (e.g., latency)? If so, why and
how? How can such threshold, standards, or minimum be set in a way that balances the
public’s interest in making sure that reliable broadband services meeting the daily needs
of all Americans are available throughout the country with the providing recipients
flexibility to meet the varied needs of their communities?
27) Beyond a “deposit” and a “payroll contribution,” are there other types of payments into
a pension fund that Treasury should consider?
Questions 28 through 34 address the prohibition on states using funds to offset tax cuts and
therefore do not apply to local governments.
35) What are the advantages and disadvantages of treating the list of transferees in sections
602(c)(3) and 603(c)(3) as nonexclusive, allowing States and localities to transfer funds to
entities outside of the list?
36) Are there alternative ways of defining “special-purpose unit of State or local government”
and “public benefit corporation” that would better further the aims of the Funds?
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37) What are alternative ways for States and territories to enforce the 75 percent cap while
reducing the administrative burden on them?
38) What criteria should Treasury consider in assessing requests for extensions for further
time to distribute NEU payments?
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95.06%231
10.70%26
51.44%125
9.47%23
20.58%50
28.81%70
5.35%13
Q1 About Me: (Select all that apply)
Answered: 243 Skipped: 0
Total Respondents: 243
#OTHER (PLEASE SPECIFY)DATE
1 I spend almost all my money in denton 6/17/2021 10:12 PM
2 accidentally hit other and can't deselect it 6/16/2021 9:19 AM
3 Retired city employee 6/14/2021 4:25 PM
4 I have children who are students in the city of Denton 6/13/2021 10:16 AM
5 Retired military veteran 6/12/2021 12:04 PM
6 I am a board member of a local non profit 6/11/2021 1:17 PM
7 Board Chairman, Food Pantry (Denton Community Food Center)6/11/2021 12:34 PM
8 Denton bus operator 6/10/2021 9:09 PM
I am a
resident of ...
I am a
business own...
I am a
property own...
I am a student
in the city ...
I am a renter
in the city ...
I am an
employee...
Other (please
specify)
0%10%20%30%40%50%60%70%80%90%100%
ANSWER CHOICES RESPONSES
I am a resident of the city of Denton
I am a business owner in the city of Denton
I am a property owner in the city of Denton
I am a student in the city of Denton
I am a renter in the city of Denton
I am an employee working in the city of Denton
Other (please specify)
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9 I am an unpaid volunteer for a local nonprofit that serves the Denton community.6/9/2021 11:23 AM
10 Denton ETJ resident 6/9/2021 9:09 AM
11 Parent of student in school 6/9/2021 8:36 AM
12 Self-employed business owner not directly affected by Covid 6/9/2021 8:24 AM
13 I work part time. I am a Senior Citizen.6/8/2021 4:23 PM
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Q2 What is your zip code?
Answered: 243 Skipped: 0
#RESPONSES DATE
1 76208 6/22/2021 10:01 PM
2 7621”6/21/2021 4:46 PM
3 76209 6/21/2021 4:20 PM
4 76201 6/19/2021 9:44 AM
5 76201 6/18/2021 6:05 PM
6 76210 6/18/2021 5:12 PM
7 76201 6/18/2021 5:02 PM
8 76207 6/18/2021 1:13 PM
9 76209 6/18/2021 5:34 AM
10 76209 6/17/2021 11:38 PM
11 76210 6/17/2021 10:18 PM
12 76210 6/17/2021 10:12 PM
13 76209 6/17/2021 8:16 PM
14 76210 6/17/2021 4:39 PM
15 76207 6/17/2021 4:23 PM
16 76209 6/17/2021 3:26 PM
17 76210 6/17/2021 2:30 PM
18 76210 6/17/2021 2:17 PM
19 76210 6/17/2021 2:12 PM
20 76205 6/17/2021 1:36 PM
21 76201 6/17/2021 1:26 PM
22 76205 6/17/2021 12:53 PM
23 76207 6/17/2021 12:46 PM
24 76207 6/17/2021 12:41 PM
25 76201 6/17/2021 1:04 AM
26 76209 6/16/2021 10:32 PM
27 76210 6/16/2021 10:19 PM
28 76205 6/16/2021 8:15 PM
29 76227 6/16/2021 7:15 PM
30 76201 6/16/2021 6:56 PM
31 76208 6/16/2021 4:43 PM
32 75068 6/16/2021 4:41 PM
33 76201 6/16/2021 4:35 PM
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34 76209 6/16/2021 3:31 PM
35 76205 6/16/2021 3:29 PM
36 76205 6/16/2021 9:19 AM
37 76205 6/15/2021 4:01 PM
38 76210 6/15/2021 2:18 PM
39 76209 6/14/2021 9:44 PM
40 76201 6/14/2021 8:02 PM
41 76201 6/14/2021 7:43 PM
42 76209 6/14/2021 4:25 PM
43 76201 6/14/2021 2:15 PM
44 76210 6/14/2021 12:33 PM
45 76201 6/14/2021 11:55 AM
46 76226 6/14/2021 11:20 AM
47 76209 6/14/2021 10:09 AM
48 76205 6/14/2021 12:57 AM
49 76210 6/13/2021 9:57 PM
50 76209 6/13/2021 8:27 PM
51 76201 6/13/2021 7:00 PM
52 76210 6/13/2021 5:53 PM
53 76209 6/13/2021 5:36 PM
54 76209 6/13/2021 5:04 PM
55 76209 6/13/2021 3:28 PM
56 76209 6/13/2021 1:58 PM
57 76209 6/13/2021 1:31 PM
58 76205 6/13/2021 12:57 PM
59 76207 6/13/2021 12:12 PM
60 76208 6/13/2021 12:06 PM
61 76205 6/13/2021 10:16 AM
62 76201 6/13/2021 9:53 AM
63 76201 6/13/2021 9:30 AM
64 76201 6/13/2021 9:11 AM
65 76205 6/13/2021 9:04 AM
66 76209 6/13/2021 8:37 AM
67 76209 6/13/2021 8:36 AM
68 76209 6/13/2021 8:14 AM
69 76209 6/13/2021 8:10 AM
70 76210 6/13/2021 7:48 AM
71 76201 6/13/2021 7:42 AM
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72 76209 6/13/2021 7:36 AM
73 76201 6/13/2021 6:56 AM
74 76207 6/13/2021 6:46 AM
75 76210 6/13/2021 4:28 AM
76 76205 6/12/2021 11:52 PM
77 76207 6/12/2021 10:25 PM
78 76210 6/12/2021 7:42 PM
79 76209 6/12/2021 7:27 PM
80 76201 6/12/2021 6:51 PM
81 76209 6/12/2021 6:29 PM
82 76210 6/12/2021 6:22 PM
83 76210 6/12/2021 4:54 PM
84 76201 6/12/2021 4:36 PM
85 76201 6/12/2021 4:31 PM
86 76201 6/12/2021 2:23 PM
87 76210 6/12/2021 2:18 PM
88 76209 6/12/2021 2:03 PM
89 76207 6/12/2021 1:33 PM
90 76201 6/12/2021 1:29 PM
91 76209 6/12/2021 12:04 PM
92 76201 6/12/2021 12:03 PM
93 76201 6/12/2021 10:37 AM
94 76209 6/12/2021 10:01 AM
95 76208 6/12/2021 9:55 AM
96 76209 6/12/2021 9:44 AM
97 76209 6/12/2021 8:56 AM
98 76210 6/12/2021 8:39 AM
99 76209 6/12/2021 8:23 AM
100 76208 6/12/2021 8:18 AM
101 76207 6/12/2021 8:06 AM
102 76202 6/12/2021 7:44 AM
103 76208 6/12/2021 6:55 AM
104 76201 6/12/2021 6:37 AM
105 76209 6/12/2021 6:23 AM
106 76210 6/11/2021 9:27 PM
107 76205 6/11/2021 8:48 PM
108 76208 6/11/2021 5:56 PM
109 76210 6/11/2021 5:29 PM
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110 76226 6/11/2021 2:27 PM
111 76201 6/11/2021 1:47 PM
112 76226 6/11/2021 1:17 PM
113 76209 6/11/2021 12:34 PM
114 76209 6/11/2021 12:13 PM
115 76209 6/11/2021 11:28 AM
116 76201 6/11/2021 10:15 AM
117 76208 6/11/2021 6:50 AM
118 76205 6/11/2021 6:11 AM
119 76205 6/10/2021 10:53 PM
120 76205 6/10/2021 9:48 PM
121 76205 6/10/2021 9:09 PM
122 76209 6/10/2021 10:39 AM
123 76210 6/10/2021 8:52 AM
124 76210 6/10/2021 8:41 AM
125 76201 6/9/2021 10:17 PM
126 76209 6/9/2021 9:53 PM
127 76201 6/9/2021 9:46 PM
128 76209 6/9/2021 9:46 PM
129 76209 6/9/2021 9:35 PM
130 76208 6/9/2021 9:09 PM
131 76209 6/9/2021 8:43 PM
132 76209 6/9/2021 8:38 PM
133 76208 6/9/2021 8:22 PM
134 76207 6/9/2021 8:15 PM
135 76210 6/9/2021 7:49 PM
136 76209 6/9/2021 7:47 PM
137 76209 6/9/2021 7:29 PM
138 76209 6/9/2021 7:11 PM
139 76201 6/9/2021 7:03 PM
140 76205 6/9/2021 6:10 PM
141 76209 6/9/2021 5:53 PM
142 76209 6/9/2021 5:35 PM
143 76208 6/9/2021 5:29 PM
144 76210 6/9/2021 5:16 PM
145 76209 6/9/2021 5:11 PM
146 76205 6/9/2021 5:03 PM
147 76207 6/9/2021 4:46 PM
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148 76210 6/9/2021 4:14 PM
149 76207 6/9/2021 4:01 PM
150 76201 6/9/2021 2:57 PM
151 76226 6/9/2021 2:23 PM
152 76205 6/9/2021 2:08 PM
153 76205 6/9/2021 1:45 PM
154 76209 6/9/2021 1:31 PM
155 76201 6/9/2021 1:19 PM
156 76210 6/9/2021 1:10 PM
157 76210 6/9/2021 12:59 PM
158 76272 6/9/2021 12:28 PM
159 76205 6/9/2021 12:15 PM
160 76209 6/9/2021 12:12 PM
161 76201 6/9/2021 12:05 PM
162 76209 6/9/2021 11:56 AM
163 76207 6/9/2021 11:37 AM
164 76209 6/9/2021 11:36 AM
165 76207 6/9/2021 11:36 AM
166 76209 6/9/2021 11:23 AM
167 76207 6/9/2021 11:16 AM
168 76201 6/9/2021 11:11 AM
169 76209 6/9/2021 11:06 AM
170 76207 6/9/2021 11:04 AM
171 76207 6/9/2021 11:01 AM
172 76207 6/9/2021 11:00 AM
173 76207 6/9/2021 11:00 AM
174 76209 6/9/2021 10:47 AM
175 76209 6/9/2021 9:54 AM
176 76209 6/9/2021 9:23 AM
177 76208 6/9/2021 9:09 AM
178 76209 6/9/2021 8:56 AM
179 76209 6/9/2021 8:36 AM
180 76209 6/9/2021 8:24 AM
181 76210 6/9/2021 8:21 AM
182 76205 6/9/2021 8:16 AM
183 76201 6/9/2021 8:15 AM
184 76209 6/9/2021 7:57 AM
185 76209 6/9/2021 7:45 AM
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186 76226 6/9/2021 7:40 AM
187 76201 6/9/2021 7:39 AM
188 76205 6/9/2021 7:26 AM
189 76209 6/9/2021 6:59 AM
190 76209 6/9/2021 6:11 AM
191 76205 6/9/2021 5:53 AM
192 76209 6/9/2021 2:11 AM
193 76207 6/9/2021 12:40 AM
194 76201 6/8/2021 11:54 PM
195 76201 6/8/2021 11:16 PM
196 76209 6/8/2021 10:57 PM
197 76209 6/8/2021 10:50 PM
198 76209 6/8/2021 10:43 PM
199 76209 6/8/2021 10:37 PM
200 76208 6/8/2021 10:23 PM
201 76201 6/8/2021 10:04 PM
202 76210 6/8/2021 9:13 PM
203 76205 6/8/2021 8:39 PM
204 76201 6/8/2021 8:34 PM
205 76226 6/8/2021 7:42 PM
206 76207 6/8/2021 7:30 PM
207 76207 6/8/2021 7:13 PM
208 76201 6/8/2021 6:59 PM
209 76201 6/8/2021 6:55 PM
210 76208 6/8/2021 6:41 PM
211 76207 6/8/2021 6:32 PM
212 76209 6/8/2021 6:08 PM
213 76205 6/8/2021 5:57 PM
214 76207 6/8/2021 5:53 PM
215 76208 6/8/2021 5:52 PM
216 76209 6/8/2021 5:28 PM
217 76208 6/8/2021 5:20 PM
218 76209 6/8/2021 5:17 PM
219 76209 6/8/2021 5:12 PM
220 76210 6/8/2021 4:56 PM
221 76209 6/8/2021 4:53 PM
222 76209 6/8/2021 4:52 PM
223 76210 6/8/2021 4:51 PM
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224 76209 6/8/2021 4:50 PM
225 76208 6/8/2021 4:49 PM
226 76201 6/8/2021 4:43 PM
227 76209 6/8/2021 4:40 PM
228 76210 6/8/2021 4:25 PM
229 76207 6/8/2021 4:23 PM
230 76208-6014 6/8/2021 4:22 PM
231 76209 6/8/2021 4:20 PM
232 76209 6/8/2021 4:18 PM
233 76205 6/8/2021 4:14 PM
234 76208 6/8/2021 4:12 PM
235 76210 6/8/2021 4:10 PM
236 76210 6/8/2021 4:07 PM
237 76209 6/8/2021 4:06 PM
238 76207 6/8/2021 4:06 PM
239 76205 6/8/2021 4:00 PM
240 76205 6/8/2021 4:00 PM
241 76207 6/8/2021 3:55 PM
242 76201 6/8/2021 3:54 PM
243 76208 6/8/2021 3:50 PM
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Q3 Please rank the following opportunities to use ARPA funds to support
public health resources:
Answered: 243 Skipped: 0
High Priority Medium Priority Low Priority No Priority
Funding to
address...
Grant
assistance f...
Funding for
vaccine clin...
Funding an
Emergency...
0%10%20%30%40%50%60%70%80%90%100%
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62.24%
150
21.99%
53
12.03%
29
3.73%
9
241
49.17%
119
35.54%
86
11.16%
27
4.13%
10
242
30.29%
73
35.27%
85
22.41%
54
12.03%
29
241
19.17%
46
39.58%
95
30.42%
73
10.83%
26
240
HIGH
PRIORITY
MEDIUM
PRIORITY
LOW
PRIORITY
NO
PRIORITY
TOTAL
Funding to address homelessness, including temporary and
permanent shelters
Grant assistance for behavioral healthcare services
Funding for vaccine clinic and outreach support
Funding an Emergency Management Program Manager
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Q4 Are there any other uses of ARPA funding to support public health
resources that you would like the City to consider?
Answered: 64 Skipped: 179
#RESPONSES DATE
1 LGBTQIA forward and Sex Worker safe resources 6/19/2021 9:44 AM
2 I perder invest the funding into recovering the economy.6/17/2021 10:18 PM
3 Maybe more mental health and sexual health 6/17/2021 10:12 PM
4 Assistance for children with learning disabilities such as dyslexia as the schools services is
not enough for these children. They need help.
6/16/2021 7:15 PM
5 Not at this time 6/16/2021 6:56 PM
6 Go door-to-door Covid vaccines and where nonprofits take care of homeless needs.6/16/2021 4:35 PM
7 The Alternative First Responders program - Would send trained mental health and de-
escalation professionals to respond to certain 911 calls, rather than armed police officers.
People experiencing mental health crises are 16 times more likely to be killed in police
interactions than those who are not. Armed police officers are not trained to help people in
crisis, and their presence can be triggering. Investing the extra funding being offered by the
federal government to a non-police first responders program would save lives and help people
in crisis.
6/16/2021 3:29 PM
8 If you could somehow use it to help make mental healthcare more accessible that would be
great. Also support setting up permanent warming/cooling stations for the homeless, and any
sort of permanent housing solution for them would be cool.
6/16/2021 9:19 AM
9 Supporting small, local businesses. Supporting the senior population.6/15/2021 4:01 PM
10 Reimburse the general and utility funds for funds used for COVID-related expenditures in 2020
and 2021. Stop funding for homeless who are continuing to come to our city because Council
keeps catering to them, while they look away at the increased criminal acts they are
committing in our City.
6/14/2021 9:44 PM
11 Mental health 6/14/2021 12:33 PM
12 Assistance for the elderly/disabled 6/13/2021 5:04 PM
13 No 6/13/2021 3:28 PM
14 Give it to people who can't pay their utilities so they don't lose services. Give this money
directly to people, not other orgs.
6/13/2021 1:58 PM
15 Health care access to low/no income residents.6/12/2021 11:52 PM
16 Giving residents under a certain income limit. A direct stimulus payment 6/12/2021 2:23 PM
17 No 6/12/2021 2:03 PM
18 Reimbursing citizens tax dollars currently being spent to house and feedi homeless peoplnlong
after pandemic crisis dictates. No more Armintor giveaways of my tax dollars. Reimburse
taxpayers for money she hijacked. That's equity, not her bs Robin hood method.
6/12/2021 1:33 PM
19 Food Drives and worker livable wage subsidie 6/12/2021 1:29 PM
20 The military retired,people that are getting funds for ssi,which me and my wife she doesen't
receive much monthly. with everything that is wrong with here she and other ssi receipent's
should receive more funds
6/12/2021 12:04 PM
21 Speed up opening of the new one-stop homeless resource center. Hire a Public Health Director
for the city
6/12/2021 9:44 AM
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22 Building sustainable tax revenue by creating a vocational training and certification scholarship
fund. Residents unable to find post-pandemic employment should be able to apply for
retraining grants and job placement assistance. A rising tide lifts all boats.
6/12/2021 6:37 AM
23 Public Health Director 6/12/2021 6:23 AM
24 Housing and food for low income 6/11/2021 9:27 PM
25 Funding to address food insecurity 6/11/2021 2:27 PM
26 Long Term Sustainable Housing Options for Chronically Homeless and Families effected by
poverty and job loss
6/11/2021 1:17 PM
27 Food Resources......is a public health area as well.6/11/2021 12:34 PM
28 Fund additional mental health resources especially counseling, prescriptions, occupational and
group therapy.
6/11/2021 11:28 AM
29 Having been unemployed for 16 months and fighting TWC to GET unemployment, I incurred
damages from the freeE that insurance feels is settling and cosmetic , but it’s very vast and
expensive . I don’t even have funds to rip out dead shrubs. I know the SBA program just
ended and FEMA does some things, it would be great to have some tiptoe of help to get some
things fixed that I as a single mom cannot so.
6/10/2021 8:52 AM
30 Paying the huge energy bill during the blackouts.6/9/2021 8:22 PM
31 Homelessness 6/9/2021 6:10 PM
32 Affordable housing 6/9/2021 5:35 PM
33 No 6/9/2021 5:29 PM
34 Water and sewer are the building blocks of public health. That option seems to be a high
priority. Use federal support to help keep our rates down.
6/9/2021 1:10 PM
35 Finding for public primary & acute care clinics-adult and pediatric 6/9/2021 11:37 AM
36 N/A 6/9/2021 11:36 AM
37 Funding to address hunger in poverty-stricken and/or food-insecure families.6/9/2021 11:23 AM
38 No 6/9/2021 11:16 AM
39 Funding a public health director 6/9/2021 11:06 AM
40 Educating the public regarding continued healthy practices 6/9/2021 11:01 AM
41 Grants for mental health inpatient treatments for kids, teens and adults.6/9/2021 11:00 AM
42 Fund a city of Denton health director to manage current and future health/medical challenges.6/9/2021 9:23 AM
43 Food assistance for families in need 6/9/2021 8:15 AM
44 Affordable housing 6/9/2021 7:40 AM
45 Direct payment to citizens making under $50,000 6/9/2021 7:39 AM
46 provide health care assistance for hard working under paid residents 6/9/2021 5:53 AM
47 Pay for the damages you caused and the businesses you wrecked with your unfounded,
criminal shutdowns.
6/9/2021 2:11 AM
48 Transitional and affordable housing options. Tiny home village. More access to community
resources.
6/8/2021 10:43 PM
49 A portion of funds should be used for paratransit services like Span and fixed route or on-
demand services through DCTA. Low income folks rely on public transportation to reach
medical appointments but sanitizing vehicles and reducing capacity of buses not only affects
how reliable the service is but also reduces overall service. Funds should be used to help
Public Transit agencies get back in their feet.
6/8/2021 10:37 PM
50 address air pollution in Denton 6/8/2021 10:04 PM
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51 More support of the medical reserve Corp 6/8/2021 9:13 PM
52 Awareness in schools - high priority 6/8/2021 6:59 PM
53 Schools as they support kids and staff throughout the pandemic 6/8/2021 6:55 PM
54 The DCPH seems to under staff and what I heard is that a terrible place to work. Over worked
and under paid.
6/8/2021 6:41 PM
55 Dental/medical clinic for uninsured/underinsured kids 6/8/2021 6:32 PM
56 No 6/8/2021 5:53 PM
57 Yes, work on stabilizing property taxes. Every year they go up. It is out fo control 6/8/2021 5:52 PM
58 Aid to NGOs and Religious organizations that provide community services 6/8/2021 5:20 PM
59 Ensure the people who respond have the tools to do their jobs well. Ensure they are fully
staffed and have the right credentials to impact our community.
6/8/2021 4:49 PM
60 I wish you would have helped Nursing Homes or the families of the people that lost family
members. I didn’t seen any help fir Seniors. I know there are Seniors trying to repair there
homes from the freeze.
6/8/2021 4:23 PM
61 Combating the spread of conspiracy theories, the support of the Big Lie, and anti-vaccine
support
6/8/2021 4:22 PM
62 Help for people who can't afford their meds, especially insulin and others that people literally
will die without.
6/8/2021 4:20 PM
63 Better fund the police department’s mental health and homeless outreach units.6/8/2021 4:10 PM
64 Benches for bus stops, rain coverings for benches for bus stops, sidewalks, and rental
assistance grants.
6/8/2021 4:00 PM
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Q5 Please rank the following opportunities to use ARPA funds to address
negative economic impacts from the pandemic:
Answered: 242 Skipped: 1
High Priority Medium Priority Low Priority No Priority
(no label)
Financial
support to...
Grant
assistance...
Grant
assistance...
0%10%20%30%40%50%60%70%80%90%100%
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34.30%
83
47.11%
114
14.46%
35
2.48%
6
1.65%
4
242
52.89%
128
35.12%
85
10.74%
26
1.24%
3
0.00%
0
242
29.34%
71
31.82%
77
28.51%
69
7.85%
19
2.48%
6
242
HIGH
PRIORITY
MEDIUM
PRIORITY
LOW
PRIORITY
NO
PRIORITY
(NO
LABEL)
TOTAL
Financial support to nonprofit organizations
Grant assistance programs for small
businesses
Grant assistance programs supporting local
music and arts
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Q6 Are there any other uses of ARPA funding to address negative
economic impacts of the pandemic that you would like the City to
consider?
Answered: 68 Skipped: 175
#RESPONSES DATE
1 Aid vulnerable populations most severely affected by the pandemic 6/19/2021 9:44 AM
2 Utility assistance to those unemployed due to business layoffs or failures as a result of
COVID-19. Property tax abatements for residential property owners unemployed as a result of
COVID-19.
6/17/2021 11:38 PM
3 Funding for upgrading and developing infrastructure. Funding for develop emergency reaction
plan in response to winter storm, flood, tornado, and other natural disasters.
6/17/2021 10:18 PM
4 Maybe towards utilities and updating outdated infrastructures which we rely on 6/17/2021 10:12 PM
5 Single homeowners mortgage and renters assistance. A year without a peppery tax increase
for homeowners.
6/17/2021 8:16 PM
6 Continue to give free lunches to school age kids. Support teachers and update local schools 6/17/2021 1:36 PM
7 Keep businesses fully open, help small business by letting them stay open at full capacity.
Small businesses suffered the most during the "pandemic". Do not drive things by fear. Let
citizens take care of their own health. if you want to address "public health", let's talk about
what we are putting into our bodies, get outside and exercise, let's not put bandaids on our
health issues, but fix the root causes. We know that co-morbidities were a leading factor in
cover, why don't we as a city make healthy habits and change our overall health. But our
national debt is through the roof, if we don't actually need the money, I would send it back. If
we want to help the future or our kids, keep the debt down so we don't have outrageous taxes.
6/17/2021 12:53 PM
8 Help with financing prescriptions & getting to see doctors to receive prescriptions.6/16/2021 4:35 PM
9 Alternative First Responders program that would send trained mental health and de-escalation
professionals to respond to certain 911 calls, rather than armed police officers. People
experiencing mental health crises are 16 times more likely to be killed in police interactions
than those who are not. Armed police officers are not trained to help people in crisis, and their
presence can be triggering. Investing the extra funding being offered by the federal government
to a non-police first responders program would save lives and help people in crisis.
6/16/2021 3:29 PM
10 Grants to small businesses would be cool, maybe also reach out to the small businesses that
had to close down and see if a grant could help them reopen? We lost a lot of Denton gems,
so just an idea to maybe get them back.
6/16/2021 9:19 AM
11 Job training to those who lost jobs and need updated skillls and updating infrastructure.6/13/2021 3:28 PM
12 Get broadband internet all over the city and don't charge people for it. Feed hungry people,
house the unhoused.
6/13/2021 1:58 PM
13 Invest in broadband infrastructure for the love of God!!!!!!!!6/13/2021 12:06 PM
14 More support and marketing dollars in Denton for Tourism and Conventions to help support the
devastation to the local hotel and hospitality industry.
6/13/2021 9:53 AM
15 Supports and services for children and people with disabilities. They were highly affected by
the pandemic.
6/13/2021 8:10 AM
16 Grants to help working parents with childcare costs 6/13/2021 4:28 AM
17 City outreach to the homeless and almost homeless in Denton that does not depend on
NGO’s. City funded outreach will help to connect them directly to the services they needs
6/12/2021 11:52 PM
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18 Please fund secular nonprofits. I find it un-American that most of the social services here
seem to be via by religious organizations who are able to discriminate in who they serve, if
they want to.
6/12/2021 6:51 PM
19 Offer grants to help businesses closed because of COVID to reopen.6/12/2021 6:29 PM
20 Grant assistance to a stimulus for low income Dentonites.6/12/2021 4:36 PM
21 Direct stimulus to residents. I'm a self employed resident who did not qualify for
unemployment. It took months for rent and electric assistance to be received. The decisions of
the less fortunate residents should not be made by those who did not suffer. And the City of
Denton council members did not struggle. To make matters worse, you shut our power off in
one of the worst storms Texas has seen. Yet you keep allowing new sub divisions and
apartments to be built. Try focusing on the residents you have, before adding more to a
struggling system.
6/12/2021 2:23 PM
22 Put on a small business and local arts event where people can show off their talent and
businesses and people can spend their money in the community
6/12/2021 2:18 PM
23 No 6/12/2021 2:03 PM
24 Reumburse city and taxpayers for money fronted from general fund paid by taxpayes
advanced for the care and feeding of homeless people, and reimburse the victims of criminal
acts at the hands of homeless people whom Armintor continues to invite to pollute our parks
and our communities.
6/12/2021 1:33 PM
25 I should be receiving more military retired.6/12/2021 12:04 PM
26 Fix our power stations. And our natural gas stations.6/12/2021 10:37 AM
27 PPP helped many small business owners support their staff. However, those funds were
designated as pass-through to staff. Owners were completely excluded and my industry
(bar/restaurant) was punished harder than any. The owners of these businesses need cash to
catch up on their personal and business mortgages, auto financing, and everything else they
were forced to abandon paying in 2020.
6/12/2021 9:55 AM
28 Support for eviction prevention 6/12/2021 9:44 AM
29 Public parks 6/12/2021 8:18 AM
30 Stimulus for residents.6/12/2021 6:55 AM
31 Create a small business pandemic grant program. Only small businesses with less than 50
employees and located in Denton should be eligible. The grants should also fund Denton-based
entrepreneurs interested in starting new businesses.
6/12/2021 6:37 AM
32 Rental and medical expenses for low income 6/11/2021 9:27 PM
33 Grocery costs are increasing significantly and household economics will be negatively
impacted. Therefore FOOD (a lowest common denominator on the survival scale) will become
important. Access to healthy food to keep families nourished is an economic impact to
families and the non-profits assisting low income and struggling households due to the impact
Covid is having on our economy, etc.
6/11/2021 12:34 PM
34 Payoff debt of nonprofit agencies so more operating funds are available for services. Paying
off debt doesn't require sustainment funding as new programs do.
6/11/2021 11:28 AM
35 street improvement!6/10/2021 9:48 PM
36 you need to shore up the police and fireman;s pension funds. So the young recruits have a
reason to stay and build a solid career
6/10/2021 9:09 PM
37 Unemployment being cut off for so many abs Abbott opting out of program will definitely hurt
myself And many people I know
6/10/2021 8:52 AM
38 If rising property taxes are in any way pandemic related, some relief there is a HIGH priority.
People moving here from states with outrageous property values are able to pay outrageous
prices here, over-inflating our values and subsequent taxes to the point we can't even afford to
stay. 30+ year residents.
6/10/2021 8:41 AM
39 Raise local wages and lower property taxes for housing. Anything to supplement incomes and 6/9/2021 10:17 PM
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provide permanent affordable housing for people in crisis and also to prevent such crises in the
local community.
40 Support pedestrian and alternative vehicle transportation, which saw increase during the
pandemic. Easing walkability helps the community as a whole and becomes part of our
network. Economic woes will continue for many and they will be back some day for all of us.
6/9/2021 7:03 PM
41 Affordable housing 6/9/2021 5:35 PM
42 No 6/9/2021 5:29 PM
43 Attempting to mitigate some of the rent and mortgage arrears that are now coming due with the
lifting of eviction moratoriums. Like offering assistance to landlords, if they forgive an equal
amount of outstanding rent. e.g. Renter owes $1500, city grants landlord $750, landlord
forgives the remaining $750 and the renter's slate is clean.
6/9/2021 2:23 PM
44 Childcare cost assistance 6/9/2021 12:15 PM
45 Replace lost revenue rather than leaning on property owners to shoulder the entire
responsibility. It’s absolutely appalling that taxes rose at all this year, but that they rose the
level they did, when people are already struggling, is inhumane AT BEST. I also feel that
women have been disproportionately affected financially and I would love to see programs that
help mitigate continued harm and help shrink the gap in income that only widened over the last
18 mos.
6/9/2021 11:23 AM
46 No 6/9/2021 11:16 AM
47 Continued funding of food programs for struggling families 6/9/2021 11:01 AM
48 Grants for childcare and early childhood education for infants-preschoolers aged children to
have access to early education.
6/9/2021 11:00 AM
49 Invest in broadband infrastructure 6/9/2021 9:23 AM
50 Give to THE PEOPLE, not the businesses. The people were hit the hardest, not the
businesses or nonprofits. Grants for home owners. "Denton Cash" given to all taxpayers for
spending at local stores. Free food, childcare, or financial literacy classes. Or perhaps just a
break on our house taxes?
6/9/2021 8:56 AM
51 Teachers deserve a bonus if the city has the ability to give it!6/9/2021 8:24 AM
52 Direct payments to essential workers 6/9/2021 8:15 AM
53 N/A 6/9/2021 7:40 AM
54 How about letting citizens decide their own priority and give them the money. Everyone’s
priorities are not the same
6/9/2021 7:39 AM
55 help small business! Give to those who work or want to work. Use the money in a way to
create employement opportunities
6/9/2021 5:53 AM
56 Hi, If you are reading this thank you. The pandemic was hard yet the amount of wild life you
are tearing down with the new high way system not to mention how the rodents are pushed
closers to homes and affecting our health even more. I hope you are reading this, cause if you
are and no chances are made. Than I will Personally start getting involved. I will not stand for
the injustice for the people of this town and the nature that is protected by United States law.
Together we can build a legacy that can last, with your economical Growth well all be the rats
that crawl out the sewer. Wake up Denton. The people are Hungry.
6/8/2021 11:16 PM
57 Job fairs and training or paid internship opportunities. Partial reimbursement of pay to
employers for offering a higher wage.
6/8/2021 10:43 PM
58 Public transportation has taken a huge hit from COVID. Not only is it a wonderful alternative to
driving, it is necessary for many low income and struggling families! Let’s help folks out!
6/8/2021 10:37 PM
59 rent relief for out of work people who may be kicked out of apartments 6/8/2021 10:04 PM
60 Rent assistance 6/8/2021 6:59 PM
61 School systems 6/8/2021 6:55 PM
62 Give a tax break to small business.6/8/2021 6:41 PM
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63 Make sure Denton residents won't have to pay for ERCOT fiasco, have money stashed or
given to Denton municipal. Find a loophole, you people are good at it
6/8/2021 5:53 PM
64 - public transportation - childcare 6/8/2021 5:17 PM
65 Small Business is where the lifeblood of our community is. It employs and lifts up others in the
community.
6/8/2021 4:49 PM
66 I would like the city to educate the citizens so many are still in fear.6/8/2021 4:23 PM
67 Supporting the changing of the archaic alcohol laws. Such as beverage limits directly from the
producers and the crazy whiskey laws (no mail order, no liquor bottle sales on Sunday, etc)
What about attracting affordable higher speed broadband to Denton. Especially south Denton?
6/8/2021 4:22 PM
68 Small businesses are leaving denton because of high taxes and rent due to corporate buy out.
It seems denton could care less about your citizens. The vaccine support seems to be well
funded due to the success of the tms drive thru clinic. Not sure why denton would need more
funding for the public health department. Although i did her dcph over worked their employees
during the pandemic. Behavioral health is a hugely underfunded area in denton and coupled
with high homeless population this should be a high priority.
6/8/2021 4:00 PM
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Q7 While the questions above related to supporting public health
resources and reducing the negative economic impacts of the pandemic,
do you have any other feedback or input regarding uses for the funding
that fit within the four qualifying areas of:1. Respond to COVID-19 or its
Economic Impacts;2. Replace revenues lost due to COVID-19;3. Provide
premium pay to eligible essential workers; and4. Invest in water, sewer,
storm water, and broadband infrastructure.Note: More information
about ARPA local government assistance can be found at the U.S.
Treasury Department.
Answered: 71 Skipped: 172
#RESPONSES DATE
1 Assistance to small local business owners who started businesses during COVID. Theses
businesses cannot show loss as they were not open prior to the event and as such cannot
participate in most assistance programs.
6/18/2021 6:05 PM
2 Invest in water, sewer, storm water, and broadband infrastructure.6/18/2021 5:02 PM
3 Water infrastructure and the safety of our citizens when we have to drive down flooded roads
when it rains here. And invest the majority of the funds into capital goods such as
infrastructure.
6/17/2021 10:12 PM
4 4. Invest in water, sewer, storm water, and broadband infrastructure. Recycling.6/17/2021 8:16 PM
5 3 and 4 6/17/2021 3:26 PM
6 invest in infrastructure.6/17/2021 2:30 PM
7 Our city infrastructure is extremely important - hope this includes electrical grid and streets.6/17/2021 12:46 PM
8 Provide services for those unable to obtain like homeless. Pay essential workers more and
front line workers
6/16/2021 4:41 PM
9 Replace revenues lost due to Covid-19.6/16/2021 4:35 PM
10 Oh that broadband idea is cool - there's a state law that makes municipal broadband illegal, but
some cities have figures out a loophole for it. Maybe have staff dig into that and see if we
could do municipal fiber to every home? Would attract people that work remotely for
companies, would help educate everyone, and would make internet more affordable.
6/16/2021 9:19 AM
11 While it is not pandemic related, grant funding should go toward securing the energy and
water/wastewater resources, especially cybersecurity.
6/14/2021 4:25 PM
12 Definitely investing in water, sewer, storm water, and broadband infrastructure. Water safety
especially is a concern, given the amount of fracking happening around Denton, and the recent
storms have shown that storm water infrastructure is equally important.
6/14/2021 2:15 PM
13 Replace the Hotel Occupancy Tax shortage that has occurred to help those organizations that
receive them have ability to get their funding back to pre-Covid levels.
6/13/2021 9:53 AM
14 Update infrastructure 6/13/2021 9:30 AM
15 If you can figure out a way to relate it to storm water, it would be nice to have more sidewalks
so we don't have to walk on the streets.
6/13/2021 8:37 AM
16 Invest in infrastructure but with efficient outcomes. Currently, most infrastructure outcomes are
taking too long. Focus on enhancing the lives of people with disabilities by making the city
6/13/2021 8:10 AM
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more accessible.
17 Pay increases to teachers and police.6/13/2021 7:42 AM
18 Behind homelessness and mental health, I see a need for infrastructure all around the
community.
6/13/2021 6:46 AM
19 Broadband infrastructure would be nice. Right now where I live we are only given one service
provider option.
6/13/2021 4:28 AM
20 There is an incredible need for distributed broadband in Denton. Our world had moved online,
even before the pandemic. Without free internet access, residents would not be able to
participate in forums such as this. Creating a citywide wireless system, would not only connect
low/no income residents, but would cut down on data fees for students and families, and be a
draw for business.
6/12/2021 11:52 PM
21 Fund projects that will make Denton more sustainable (reduce greenhouse gas emissions and
pollution, increase pedestrian and bicyclist access, increase recycling, limit increases in
impermeable surfaces, etc.). All development and economic support in the city should have
sustainability built in, so that Denton remains livable.
6/12/2021 6:51 PM
22 Do whatever you can to get as many homeowners as possible to use solar. That is the only
way our old, outdated grid will get through the periods of high usage.
6/12/2021 6:29 PM
23 Nowhere in those questions posed did you ask for feedback regarding #2, that's why I chose to
reply with REIMBURSE THE TAXPAYERS, REIMBURSE THE CITY, not create a surplus of
money and create excuses to spend it. It is designed to reimburse, so do that, or invest in
universal public infrastructure upgrades that need BENEFIT ALL CITIZENS, not the homeless
Armintor consistently invites and gifts with our tax dollars.
6/12/2021 1:33 PM
24 Please give us a livable wage or food I don't care about anything else 6/12/2021 1:29 PM
25 Providing income for ACTUAL first responders: Teachers! We went back to work before the
majority of everyone else and received ZERO support from local or federal government. It is
high time we are considered an essential worker, and paid accordingly. I think most parents
who had to stay home and homeschool their children for the first time would agree!
6/12/2021 12:03 PM
26 Fixing our electrical stations 6/12/2021 10:37 AM
27 PPP helped many small business owners support their staff. However, those funds were
designated as pass-through to staff. Owners were completely excluded and my industry
(bar/restaurant) was punished harder than any. The owners of these businesses need cash to
catch up on their personal and business mortgages, auto financing, and everything else they
were forced to abandon paying in 2020.
6/12/2021 9:55 AM
28 Invest in our power grid 6/12/2021 9:44 AM
29 Investment in water, sewer etc. infrastructure is always an important investment, especially if
there are extra funds.
6/12/2021 8:39 AM
30 Invest in water sewer 6/12/2021 8:06 AM
31 Build back better by using funds to support employment and small businesses.6/12/2021 6:37 AM
32 Coordinated drainage and other projects necessary to encourage development investment in
targeted areas (south of downtown with PEC-4, etc.).
6/11/2021 8:48 PM
33 N/A 6/11/2021 2:27 PM
34 Please make funding available to the local non-profits that already deal with the households on
a regular basis. Try to avoid creating new organizations to re-invent the solution. Thank You.
6/11/2021 12:34 PM
35 Invest in infrastructure . I have a huge problem with surface water running onto my property
and causing damage to my foundation, yard and home . My son and I can’t utilize most of the
year
6/10/2021 8:52 AM
36 To the extent #4 improvements are needed and not otherwise funded, yes, improve our
infrastructure.
6/10/2021 8:41 AM
37 High priority-tradional infrastructure streets, water, sewer 6/9/2021 7:49 PM
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38 Stop encouraging poor behaviors and support the people who went to work through the whole
pandemic shutdown
6/9/2021 7:11 PM
39 Yes. Refunds or direct investment in sewer and water lines, especially in older parts of the city.6/9/2021 7:03 PM
40 I think there's enough other monies and opportunities for money, when ur comes to
infrastructure, that the ARPA monies should remain focused on stabilizing families and family
businesses here in our city. I do not support it's use with regard to infrastructure.
6/9/2021 6:10 PM
41 Affordable housing 6/9/2021 5:35 PM
42 Increase access to low cost, high quality broadband access. It increases economic
opportunities and access to essential resources and services.
6/9/2021 5:29 PM
43 I observed many people over the past year struggling to afford car expenses in order to access
or maintain employment. We need to invest in infrastructure to allow people to safely move
about the city without a car. Focus on building safe walking/biking routes between lower
income areas and major employment centers.
6/9/2021 2:57 PM
44 $ to those who lost jobs during covid. Extend shelter to include weekends. Bonus to essential
workers.
6/9/2021 2:08 PM
45 Water and sewer were left off the public health section.6/9/2021 1:10 PM
46 4.use the overwhelming majority of funding here-water,sewer,storm water. also add for road
repair/expansions, police and fire services, landfill and refuge disposal.
6/9/2021 11:37 AM
47 There isn’t room to address that “nonprofit” is a huge category and I don’t think that it’s
possible to approve or disapprove without clarifying which nonprofits. I am also deeply
suspicious of a lot of behavioral health services because they tend to be predicated upon
condescension, if not outright hostility, towards mentally ill and neurodivergent people.
6/9/2021 11:36 AM
48 Infrastructure for sure. Storm water is a big issue for me personally, but I don’t know how
widespread the issue is. It would be great if the city created a drainage system instead of
leaving me to deal with water from the entire neighborhood running through my yard and
causing damage at *my* expense. Especially since your “repairs” have only made the problem
worse. However, I think we have firmly established that broadband is crucial to disaster
management and it’s about time we finally develop it as a public utility for the good of the
entire city.
6/9/2021 11:23 AM
49 Providing Healthcare workers including fire persons and EMT with top pay and investing in our
infrastructure
6/9/2021 11:01 AM
50 Mental health at a child's level is ignored regularly in our city. I would like to see an initiative to
promote children's mental health. Current evidence shows a surge in anxiety and depression
among children and adolescents since the pandemic began. Given the extent to which the
pandemic has exacerbated challenges that already existed, we cannot afford to wait any longer
to build an effective system that promotes children’s mental health. These children our our
future leaders, take action now!
6/9/2021 11:00 AM
51 If govt employees were not given their cost of living increase last year, that needs to be a
priority.
6/9/2021 8:56 AM
52 Be sure that 'priorities' are GENUINE priorities. Pouring money into music and arts is NOT a
priority. Small business, non-profits, and teachers ARE priorities. Choose wisely - the residents
are watching.
6/9/2021 8:24 AM
53 #4 is critical, get this fixed before you give money to non-profits and the arts. Also, broadband
should be available to all, just like electricity.
6/9/2021 7:57 AM
54 Replace revenues lost during covid-19 to individuals or those with small businesses, premium
pay to eligible essential workers (including teachers, grocery workers, and food workers),
invest in infrastructure
6/9/2021 7:45 AM
55 Give it to the people. It’s our money to begin with.6/9/2021 7:39 AM
56 Additional rental assistance to get families living in hotels or other temporary housing
arrangements back into permanent housing. (Paying deposits and at least first month's rent.)
6/8/2021 10:43 PM
57 Increasing access to internet for low income and minority groups in Denton is essential! We all 6/8/2021 10:37 PM
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saw how some families were disproportionately affected by at-home learning. Access to
education via accessible and free internet should be expanded.
58 infrastructure investments. create a tax-free development zone for financial services and tech
startups. partner with universities and high schools to take on students into apprenticeships
with city infrastructure workers (plumbers, road work, surveying, electrical, etc.)
6/8/2021 10:04 PM
59 Fix our electrical grid so no more power outrages!6/8/2021 8:39 PM
60 Provide premium pay to eligible essential workers 6/8/2021 8:34 PM
61 broadband infrastructure for low income public school students 6/8/2021 7:13 PM
62 Essential workers worked thru the pandemic and yet they won't get raise because of the
pandemic. A lot of the these workers got covid-19 because they had to go to work, while many
worked from home. Compensate these workers.
6/8/2021 6:41 PM
63 Grants or rebates for broadband services for all households with DISD students.6/8/2021 6:32 PM
64 Be transparent and accountable. Acknowledge the source of the money is not directly from
taxes or the State of Texas.
6/8/2021 5:20 PM
65 I highly support an investment in city broadband infrastructure.6/8/2021 5:17 PM
66 INVEST IN INFRASTRUCTURE.6/8/2021 4:49 PM
67 I would like sone of the funds be used to upgrade our water system so we don’t have to turn
off water if we have another bad freeze. Upgrade those facilities. Our Infrastructure always
need upgrading.
6/8/2021 4:23 PM
68 I’m all for better wages for essential workers and improving our broadband infrastructure! Also,
I’d like to see more “pressure” (positive, of course) on residents to get their Covid vaccine.
6/8/2021 4:22 PM
69 I think that investment in broadbrand to get equitable access to the internet for all residents
should be the top priority. Then water, drainage and sewer infrastructure should be tackled.
This is a golden opportunity to improve basic public services. Denton has high rates of sewer
backups which put burdens on low income households. Denton's water system could use
bolstering as evidence by the boil water notice issued during the winter storm. Before granting
out money I would focus on these basics services to all residents.
6/8/2021 4:14 PM
70 Pay people to get vaccinated so we can reach herd immunity. 23.29Million is roughly $115 per
person that gets vaccinated; just tell people they can use the $115 towards their future DME
bill from Snovid 2020. https://www.npr.org/2021/01/13/955594105/should-the-government-pay-
people-to-get-vaccinated-some-economists-think-so
6/8/2021 4:06 PM
71 You need to prioritize basic infrastructure like stop buying land and building apartments all over
denton county without first thinking about the road conditions and population explosion. If
denton could use this money to fix these issues instead of constantly letting developers build
first worry later we wouldn't have wrecks all the time and terrible flooding during rainy seasons,
pot holes and traffic jams.
6/8/2021 4:00 PM
254
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 21-966,Version:1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute a funding
agreement with Denton Community Food Center to provide Community Development Block Grant-
Coronavirus funds for public facility improvements in Denton,Texas;authorizing the expenditure of funds in
an amount not to exceed $439,483.00; and providing an effective date.
City of Denton Printed on 7/23/2021Page 1 of 1
powered by Legistar™255
City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Community Services
CM/ DCM/ ACM: Sara Hensley, Interim City Manager
DATE: July 27, 2021
SUBJECT
Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute a funding
agreement with Denton Community Food Center to provide Community Development Block Grant-
Coronavirus funds for public facility improvements in Denton, Texas; authorizing the expenditure of funds
in an amount not to exceed $439,483.00; and providing an effective date.
BACKGROUND
Denton Community Food Center (DCFC) is a nonprofit agency that assists persons with food insecurity.
DCFC was founded in 1974 with a mission to provide food from a central community store house to
individuals and families who are struggling with hunger insecurity. With the event of the COVID-19
pandemic, the center went from allowing applicants/clients requesting food six times each year and no
more than once per calendar month to allowing clients to come every two weeks or 24 times a year. The
food pantry is open 2-3 days per week for food distribution. DCFC volunteers bring food (about 100
pounds) to the clients’ vehicle.
For the duration of the pandemic, the food pantry serves all clients from Denton city and county, as well
as DFW and surrounding areas, who visit DCFC requesting food from the Serve Denton campus location.
Currently, seventy-one percent of clients reside within the city limits of Denton. The food is purchased
from retail suppliers and donated, and most of the protein comes from the Tarrant Area Food Bank.
The DCFC serves individuals and families regardless of race, ethnicity, or age. This diverse cross-section
of clients includes the low-income working poor, veterans, and the homeless, and people who are recipients
of Federal programs such as SNAP/Food Stamps, Temporary Assistance for Needy Families, Supplement
Security Income, National School Lunch Program, and Medicaid, among others. DCFC follows the income
eligibility guidelines as specified by the Emergency Food Assistance Program. The DCFC proposes to
assist 21,000 unduplicated people during the 2021-22 fiscal year. A majority of the clients at 99.97% are
at or below 80% of the Area Median Income.
Project Description
The project consists of expanding the Denton Community Food Center to help grow the food distribution
capacity to provide food from a central community storehouse to needy families struggling with hunger
insecurities. Community Development Block Grant – Coronavirus funds will add a 4,500 square feet addition
to the Denton Community Food Center and installation of sidewalks leading to the proposed addition and along
Loop 288. Denton Community Food Center is located at 306 N. Loop 288 in Denton. The Denton Assistance
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
256
Center Inc, d/b/a Serve Denton owns the Denton Community Food Center where the project site is located.
Denton Community Food Center leases from Serve Denton with a term of 99 years.
Denton Community Food Center and Serve Denton has entered into a development agreement for Serve Denton
to manage the construction of the addition and other administrative tasks.
Serve Denton will own the addition and, effective upon completion of the addition, the Denton Community
Food Center current lease with Serve Denton will be amended to add the addition to the lease.
Project Funding
Program Year 2020-21 Community Development Block Grant-Coronavirus (CDBG-CV) funds are
budgeted for the project. The Community Development Advisory Committee recommended approval of
funding for improvements to the Denton Community Food Center. Funding for the project was included
in City’s Second Substantial Amendment to the 2020 Action Plan for Housing and Community
Development. City Council approved the Second Substantial Amendment to the 2020 Action Plan for
Housing and Community Development with Ordinance No. 21-504 on May 4, 2021. The U.S. Department
of Housing and Urban Development (HUD) approved the amendment to the Action Plan in June 2021. The
final agreement, as recommended by staff, is now being submitted to the City Council for approval.
Community Development staff costs to monitor construction, labor standards compliance, and annual
monitoring are paid through CDBG administration funds.
OPTIONS
• Approve the funding agreement;
• Not approve the funding agreement.
ESTIMATED SCHEDULE OF PROJECT
• City Council considers approval of Funding Agreement – July 27, 2021
• Denton Community Food Center completes the scope of work and competitive bidding process –
August/September 2021
• Begins construction of an addition to Denton Community Food Center – October 2021
• Completion of all improvements – March 2022
• Community Development monitors for CDBG-CV compliance through quarterly reporting
requirements and onsite inspection until July 2031
EXHIBITS
Exhibit 1 – Agenda Information Sheet
Exhibit 2 – Ordinance-Agreement
Respectfully submitted:
Danielle Shaw
Community Services Manager
Prepared By:
Luisa Garcia
Community Development Coordinator
257
ORDINANCE NO. 21-966
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO
EXECUTE A FUNDING AGREEMENT WITH DENTON COMMUNITY FOOD CENTER
TO PROVIDE COMMUNITY DEVELOPMENT BLOCK GRANT-CORONAVIRUS FUNDS
FOR PUBLIC FACILITY IMPROVEMENTS IN DENTON, TEXAS; AUTHORIZING THE
EXPENDITURE OF FUNDS IN AN AMOUNT NOT TO EXCEED $439,483.00; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to Ordinance No. 21-504, the City Council approved the Second
Substantial Amendment to the City’s 2020 Action Plan for Housing and Community
Development that included an authorized budget expenditure of $439,483.00 in Community
Development Block Grant-Coronavirus (“CDBG-CV”) funds for public facility improvements
for Denton Community Food Center; and
WHEREAS, the Denton Community Food Center has developed a program to assist
families with food insecurities; and
WHEREAS, Denton Community Food Center has outgrown its current facility at 306
North Loop 288, Suite 400, and wishes to expand by adding an addition and sidewalk
improvements to this facility (the “Project”);
WHEREAS, the City and Denton Community Food Center desire to enter into an
Agreement, attached hereto as Exhibit A and incorporated herein for all purposes, to provide
CDBG-CV funds for the Project in an amount not to exceed $439,483.00 (the “Agreement”); and
WHEREAS, the City Council deems it in the public interest to enter into the Agreement
in support of much needed services for Denton residents; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations in the preamble of this ordinance are
incorporated herein by reference as true and as if fully set forth in the body of this ordinance.
SECTION 2. The City Manager, or designee, is hereby authorized to execute the
Agreement with Denton Community Food Center.
SECTION 3. The City Manager, or designee, is hereby authorized to expend funds in an
amount not to exceed $439,483.00 in the manner specified in the Agreement, and to take any
other actions that may be necessary or convenient, in the reasonable opinion of either the City
Manager or the City Attorney, to carry out the City’s rights and obligations under the
Agreement.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
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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 Gerard Hudspeth: ______ ______ ______ ______
Vicki Byrd, District 1: ______ ______ ______ ______
Brian Beck, District 2: ______ ______ ______ ______
Jesse Davis, District 3: ______ ______ ______ ______
Alison Maguire, District 4: ______ ______ ______ ______
Deb Armintor, At Large Place 5: ______ ______ ______ ______
Paul Meltzer, At Large Place 6: ______ ______ ______ ______
PASSED AND APPROVED this the _______ day of _______________________, 2021.
______________________________
GERARD HUDSPETH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
BY: _________________________________
APPROVED AS TO LEGAL FORM:
CATHERINE CLIFTON, INTERIM CITY ATTORNEY
BY: _________________________________
Kendra Kennedy
259
Page 3
EXHIBIT A
AGREEMENT BETWEEN THE CITY OF DENTON
AND DENTON COMMUNITY FOOD CENTER
This Agreement is made and entered into by and between the City of Denton, a Texas home-rule
municipal corporation, hereinafter referred to as CITY, acting by and through its City Manager,
pursuant to Ordinance No. 21-966, and Denton Community Food Center located at 306 North
Loop 288, Suite 400, Denton Texas 76209 (the “Project Site”), a Texas non-profit corporation,
hereinafter referred to as SUBRECIPIENT.
WHEREAS, CITY has received certain funds from the U.S. Department of Housing and Urban
Development (“HUD”) under the Coronavirus Aid, Relief and Economic Security Act.
WHEREAS, the City Council approved the Second Substantial Amendment to 2020 Action Plan
for Housing and Community Development which includes an authorized budget expenditure of
funds for a public facility project for SUBRECIPIENT; and
WHEREAS, the SUBRECIPIENT has developed a program to assist families with food
insecurities; and
WHEREAS, SUBRECIPIENT has outgrown the Project Site and wishes to expand the Project
Site by adding a 4,500 square foot addition and sidewalk improvement to the Project Site to store
food and specialized equipment for food distribution (the “Project”); and
WHEREAS, Denton Assistance Center Inc, d/b/a Serve Denton (“Serve Denton”) owns the
building at which the Project Site is located; and
WHEREAS, SUBRECIPIENT leases the Project Site from Serve Denton under a lease dated
July 30, 2018, as amended, with a term of 99 years; and
WHEREAS, SUBRECIPIENT and Serve Denton intend to enter into a development agreement
pursuant to which Serve Denton will manage the construction of the Project and certain
administrative tasks on behalf of SUBRECIPIENT; and
WHEREAS, Serve Denton will own the addition and, effective upon completion of the Project,
SUBRECIPIENT’s current lease with Serve Denton will be amended to add the addition to the
lease; and
WHEREAS, the City Council deems it in the public interest to enter into an agreement for a
public facility project that will support much needed services for Denton residents; and
WHEREAS, CITY has designated Community Services as the department responsible for the
administration of this Agreement and all matters pertaining thereto;
NOW, THEREFORE, the parties hereto agree, and by the execution hereof are bound, to the
mutual obligations and to the performance and accomplishment of the terms and conditions
hereinafter described.
260
Page 4
1. TERM
This Agreement shall commence on or as of August 1, 2021, and shall terminate on July 31,
2022, unless sooner terminated in accordance with Section 25 “Termination.”
2. RESPONSIBILITIES
A. The CITY’s Community Services Manager will be CITY’s representative responsible for the
administration of this Agreement.
B. SUBRECIPIENT hereby accepts the responsibility for the performance of all services and
activities described in the Scope of Services attached hereto as Exhibit A, and incorporated
herein by reference, in a satisfactory and efficient manner as determined by CITY, in
accordance with the terms and conditions herein. SUBRECIPIENT may perform the
obligations, services and activities under this Agreement itself or may contract with Serve
Denton to perform certain of such obligations, services or activities on SUBRECIPIENT’s
behalf; however, SUBRECIPIENT shall be and remain directly responsible to CITY under
this Agreement for the performance of all obligations, services and activities hereunder and
SUBRECIPIENT shall be responsible for ensuring the compliance of Serve Denton with the
applicable terms and conditions of this Agreement. CITY will consider SUBRECIPIENT’s
executive officer to be SUBRECIPIENT’s representative responsible for the management of
all contractual matters pertaining hereto, unless written notification to the contrary is
received from SUBRECIPIENT and approved by CITY.
C. SUBRECIPIENT certifies that the activities carried out with Community Development Block
Grant (“CDBG”) funds shall meet the CDBG program’s National Objective of benefit to low
and moderate-income persons. The majority of beneficiaries of the activities to be provided
hereunder must reside in the City of Denton. SUBRECIPIENT shall provide services to
persons whose income is equal to or lower than 80% of the area median income of the Dallas
standard metropolitan statistical area. To accomplish this, the SUBRECIPIENT shall use
the applicable income limits published by HUD for lower income housing assistance under
Section 8 of the United States Housing Act of 1937 and updated by HUD annually
SUBRECIPIENT must use the most current HUD Income limits. Income eligibility shall be
determined by the sum of the gross income of all individuals residing in the household.
Services must be provided directly to or on behalf of specific identified eligible clients.
Eligibility documentation must be included in each client’s file and updated annually, or
services must be provided to a clientele that is within a “presumed benefit” category as
specified in 24 CFR 570.208.
3. OBLIGATIONS
In consideration of the receipt of funds from HUD, CITY agrees to the following terms and
conditions:
A. Limit of Liability. CITY will reimburse SUBRECIPIENT for expenses incurred pursuant to
and in accordance with the Project Budget attached hereto as Exhibit B and the Scope of
Services herein attached as Exhibit A and incorporated herein by reference. Notwithstanding
any other provision of the Agreement, the total of all payments and other obligations made or
incurred by CITY hereunder shall not exceed the sum of Four Hundred Thirty-Nine
Thousand Four Hundred Eighty-Three and no/100 Dollars ($439,483.00).
B. Measure of Liability. In consideration of full and satisfactory performance of the services
and activities hereunder by SUBRECIPIENT and receipt of a requisition for payment with
appropriate documentation of expenditures, CITY shall make payments to SUBRECIPIENT
261
Page 5
based on the Project Budget in Exhibit B, subject to the limitations and provisions set forth in
this Section and Section 7 of this Agreement. Payments may be contingent upon certification
of the SUBRECIPIENT’s financial management system in accordance with the standards
specified in 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards.
(1) The parties expressly understand and agree that CITY’s obligations under this Section
are contingent upon the actual receipt of adequate CDBG funds to meet CITY’s
liabilities under this Agreement. If adequate funds are not available to make payments
under this Agreement, CITY shall notify SUBRECIPIENT in writing within a
reasonable time after such fact has been determined. CITY may, at its option, either
reduce the amount of its liability, or terminate the Agreement. If funds eligible for use
for purposes of this Agreement are reduced, CITY shall not be liable for further
payments due to SUBRECIPIENT under this Agreement.
(2) It is expressly understood that this Agreement in no way obligates the General Fund
or any other monies or credits of the City of Denton.
(3) CITY shall not be liable for any cost or portion thereof which:
(a) has been paid, reimbursed, or is subject to payment or reimbursement, from
any other source;
(b) was incurred prior to the beginning date or after the ending date specified in
Section 1;
(c) is not in strict accordance with the terms of this Agreement, including all
exhibits attached hereto;
(d) has not been billed to CITY within 90 calendar days following billing to
SUBRECIPIENT, or termination of the Agreement, whichever date is earlier;
or
(e) is not an allowable cost as defined by Section 10 of this Agreement or the
Project Budget in Exhibit B.
(4) CITY shall not be liable for any cost or portion thereof which is incurred with respect
to any activity of SUBRECIPIENT requiring prior written authorization from CITY,
or after CITY has requested that SUBRECIPIENT furnish data concerning such
action prior to proceeding further, unless and until CITY advises SUBRECIPIENT to
proceed.
(5) CITY shall not be obligated or liable under this Agreement to any party other than
SUBRECIPIENT for payment of any monies or provision of any goods or services.
(6) Funding not expended within the term of this Agreement will revert to the City of
Denton CDBG budget for use on alternative projects.
C. SUBRECIPIENT’S Obligations. In consideration of the receipt of funds from the
CITY, the SUBRECIPIENT agrees to the following terms and conditions:
(1) Four Hundred Thirty-Nine Thousand Four Hundred Eighty-Three and no/100 Dollars
($439,483.00) may be paid to SUBRECIPIENT by CITY, and the only expenditures
reimbursed from these funds shall be those in accordance with the Project Budget,
Exhibit B, for those Project activities listed in the Scope of Services, Exhibit A, as
provided herein. SUBRECIPIENT shall not utilize these funds for any other purpose.
(2) SUBRECIPIENT will establish, operate, and maintain an account system for these
funds that will allow for a tracing of funds and a review of the financial status of the
Project. The system will be based on generally accepted accounting principles as
recognized by the American Institute of Certified Public Accountants.
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(3) SUBRECIPIENT will permit authorized officials of the City to review its books at
any time.
(4) SUBRECIPIENT will reduce to writing all of its rules, regulations, and policies and
file a copy with CITY's Community Development Office along with any
amendments, additions, or revisions upon request.
(5) SUBRECIPIENT will not enter into any contracts that would encumber CITY funds
for a period that would extend beyond the term of this Agreement.
(6) SUBRECIPIENT will promptly pay all bills when submitted unless there is a
discrepancy in a bill; any errors or discrepancies in bills shall be promptly reported to
CITY’s Community Development Division for further direction.
(7) SUBRECIPIENT will appoint a representative who will be available to meet with
CITY officials when requested.
(8) SUBRECIPIENT will indemnify and hold harmless CITY, its officers, elected and
appointed officials, and employees, from any and all claims and suits arising out of
the activities of SUBRECIPIENT, its employees, contractors and/or subcontractors.
(9) SUBRECIPIENT will submit to CITY copies of year-end audited financial
statements.
4. COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS
A. SUBRECIPIENT understands that funds provided to it pursuant to this Agreement are funds
which have been made available to CITY by the Federal Government (HUD) under the
Housing and Community Development Act of 1974, as amended, in accordance with an
approved Grant Application and specific assurances. Accordingly, SUBRECIPIENT assures
and certifies that it will comply with the requirements of the Housing and Community
Development Act of 1974 (P.L. 93-383) as amended and with regulations promulgated
thereunder and codified at 24 CFR 570. The foregoing is in no way meant to constitute a
complete compilation of all duties imposed upon SUBRECIPIENT by law or administrative
ruling or to narrow the standards that SUBRECIPIENT must follow.
B. SUBRECIPIENT shall comply with all applicable federal laws, laws of the State of Texas,
and ordinances of the City of Denton.
C. SUBRECIPIENT agrees to abide by the conditions of and comply with the requirements of 2
CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards.
D. SUBRECIPIENT further agrees and certifies that if the regulations and issuances
promulgated pursuant to the Act are amended or revised, it shall comply with them, or notify
CITY, as provided in Section 23 of this Agreement.
E. SUBRECIPIENT is required to comply with the applicable uniform administrative
requirements as described in 24 CFR 570.502, 570.505, and 24 CFR 570 subpart K with the
exceptions noted below:
(1) SUBRECIPIENT does not assume CITY’S environmental responsibilities described
at CFR 570.604; and
(2) SUBRECIPIENT does not assume the CITY’s responsibility for initiating the review
process under the provisions of 24 CFR Part 52.
F. SUBRECIPIENT shall give the CITY, HUD, the Comptroller General of the United States,
the Auditor of the State of Texas, and any authorized representative, access to and the right to
reproduce all records belonging to or in use by SUBRECIPIENT. SUBRECIPIENT further
agrees to abide by the conditions of this Agreement and all applicable Federal, state, and
local laws and regulations such as the requirements of the Secretary of Labor in accordance
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with the Davis-Bacon Act as amended, the provisions of the Contract Work Hours Safety
Standards Act, the Copeland “Anti-Kickback Act” (40 U.S.C. 276a-276a-5; 40 USC 327 and
40 USC 276c) pertaining to the performance of this Agreement.
G. SUBRECIPIENT will work with CITY to obtain and maintain documentation of compliance.
H. SUBRECIPIENT agrees to comply with the provisions of Section 3, the regulations set forth
in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of
this Agreement and agrees that these provisions shall also be binding on any of the
SUBRECIPIENT’S subcontractors. SUBRECIPIENT certifies that no contractual or other
disability exists which would prevent compliance with these requirements. SUBRECIPIENT
further agrees to include a statement in all subcontracts requiring compliance with Section 3
and requiring subcontractors, to the greatest extent feasible, to provide opportunities for
training and employment to low and moderate-income individuals that are residents of the
project area. Upon written request of the CITY, SUBRECIPIENT will obtain the services of
a consultant to monitor the general contractor’s compliance with the Section 3 requirements.
I. SUBRECIPIENT shall not use funding under this Agreement to influence the outcome of
elections or the passage or defeat of any legislative measures. SUBRECIPIENT understands
that funds provided to it pursuant to this Agreement are funds which have been made available
to CITY by the Federal Government (HUD) under the Housing and Community Development
Act of 1974, as amended, in accordance with an approved Grant Application and specific
assurances. Accordingly, SUBRECIPIENT assures and certifies that it will comply with the
requirements of the Housing and Community Development Act of 1974 (P.L. 93-383) as
amended and with regulations promulgated thereunder and codified at 24 CFR 570. The
foregoing is in no way meant to constitute a complete compilation of all duties imposed upon
SUBRECIPIENT by law or administrative ruling, or to narrow the standards which
SUBRECIPIENT must follow.
J. SUBRECIPIENT will comply with the Federal procurement standards at 2 CFR 200 Subpart D
– Post Federal Award Requirements.
5. REPRESENTATIONS
A. SUBRECIPIENT assures and guarantees that it possesses the legal authority, pursuant to any
proper, appropriate, and official motion, resolution, or action passed or taken, to enter into
this Agreement.
B. The person or persons signing and executing this Agreement on behalf of SUBRECIPIENT
do hereby warrant and guarantee that he, she, or they have been fully authorized by
SUBRECIPIENT to execute this Agreement on behalf of SUBRECIPIENT and to validly
and legally bind SUBRECIPIENT to all terms, performances, and provisions herein set forth.
C. CITY shall have the right, at its option, to either temporarily suspend or permanently
terminate this Agreement if there is a dispute as to the legal authority of either
SUBRECIPIENT or the person signing the Agreement to enter into this Agreement.
SUBRECIPIENT is liable to CITY for any money it has received from CITY for
performance of the provisions of this Agreement if CITY has suspended or terminated this
Agreement for the reasons enumerated in this Section.
D. SUBRECIPIENT agrees that the funds and resources provided under the terms of this
Agreement will in no way be substituted for funds and resources from other sources, nor in
any way serve to reduce the resources, services, or other benefits which would have been
available to, or provided through, SUBRECIPIENT had this Agreement not been executed.
6. PERFORMANCE BY SUBRECIPIENT
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SUBRECIPIENT will provide, oversee, administer, and carry out activities and services set out
in Exhibit A, utilizing the funds described in Exhibit B, deemed by both parties to be necessary
and sufficient payment for full and satisfactory performance of the Project, as determined solely
by CITY and in accordance with all other terms, provisions, and requirements of this Agreement.
No modifications or alterations may be made in the Scope of Services or Project Budget without
the prior written approval of the CITY’s Community Services Manager.
7. PAYMENTS
A. Payments to SUBRECIPIENT. The CITY shall pay to SUBRECIPIENT a maximum
amount of money not to exceed Four Hundred Thirty-Nine Thousand Four Hundred Eighty-
Three and no/100 Dollars ($439,483) for activities carried out in connection with the Project
under this Agreement. The CITY will pay these funds on a reimbursement basis to
SUBRECIPIENT within twenty days after CITY has received supporting documentation of
eligible expenditures. Documentation of expenditures must be submitted to the Community
Development Division by dates required by Community Development. SUBRECIPIENT’s
failure to provide information on a timely basis may jeopardize present or future funding.
The project must be completed, and all payments requested on or before July 31, 2022. No
additional payments will be made if the work is not completed and the payment request(s)
with appropriate documentation is not received by July 31, 2022.
B. Funds are to be used for the sole purpose of carrying out the activities in connection with the
Project described in the Scope of Services in Exhibit A and based on the Project Budget in
Exhibit B.
C. Excess Payment. SUBRECIPIENT shall refund to CITY within ten working days of CITY’s
request, any sum of money which has been paid by CITY and which CITY at any time
thereafter determines:
(1) has resulted in overpayment to SUBRECIPIENT; or
(2) has not been spent strictly in accordance with the terms of this Agreement; or
(3) is not supported by adequate documentation to fully justify the expenditure.
D. Disallowed Costs. Upon termination of this Agreement, should any expense or charge for
which payment has been made be subsequently disallowed or disapproved as a result of any
auditing or monitoring by CITY, HUD, or any other Federal agency, SUBRECIPIENT will
refund such amount to CITY within ten working days of a written notice to SUBRECIPIENT
specifying the amount disallowed. Refunds of disallowed costs may not be made from these
or any funds received from or through CITY.
E. Reversion of Assets.
(1) SUBRECIPIENT, upon expiration of this Agreement, shall transfer to the CITY any
funds on hand at the time of expiration and any accounts receivable attributable to the
use of funds.
(2) The reversion of these financial assets shall be in addition to any other remedy
available to CITY either at law or in equity for breach of this Agreement.
F. Obligation of Funds.
(1) In the event that actual expenditure rates deviate from SUBRECIPIENT’s provision
of a corresponding level of performance, as specified in Exhibit A, CITY hereby
reserves the right to reappropriate or recapture any such under expended funds.
(2) If CITY finds that SUBRECIPIENT is unwilling and/or unable to comply with any of
the terms of this Agreement, CITY may require a refund of any and all money
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expended pursuant to this Agreement by SUBRECIPIENT, as well as any remaining
unexpended funds which shall be refunded to CITY within ten working days of a
written notice to SUBRECIPIENT to revert these financial assets.
G. Contract Close Out. SUBRECIPIENT shall submit a final expenditure report, for the time
period covered by the last invoice requesting reimbursement of funds under this Agreement,
within 15 working days following the close of the Agreement period.
8. WARRANTIES
SUBRECIPIENT represents and warrants that:
A. All information, reports, and data heretofore or hereafter requested by CITY and furnished to
CITY, are complete and accurate as of the date shown on the information, data, or report,
and, since that date, have not undergone any significant change without written notice to
CITY.
B. Any supporting financial statements heretofore requested by CITY and furnished to CITY,
are complete, accurate, and fairly reflect the financial condition of SUBRECIPIENT on the
date shown on said report, and the results of the operation for the period covered by the
report, and that since said date, there has been no material change, adverse or otherwise, in
the financial condition of SUBRECIPIENT.
C. No litigation or legal proceedings are presently pending or threatened against the
SUBRECIPIENT.
D. None of the provisions herein contravene or are in conflict with the authority under which
SUBRECIPIENT is doing business or with the provisions of any existing indenture or
agreement of SUBRECIPIENT.
E. SUBRECIPIENT has the power to enter into this Agreement and accept payments hereunder
and has taken all necessary action to authorize such acceptance under the terms and
conditions of this Agreement.
F. None of the assets of SUBRECIPIENT are subject to any lien or encumbrance of any
character, except for current taxes not delinquent, except as shown in the financial statements
furnished by SUBRECIPIENT to CITY.
G. Each of these representations and warranties shall be continuing and shall be deemed to have
been repeated by the submission of each request for payment.
H. SUBRECIPIENT agrees to execute, and SUBRECIPIENT will use its best efforts to cause
Serve Denton to execute, a lien that will be placed on the property improved with CDBG
funds. The lien will name CITY as the primary beneficiary for a period not to exceed ten
years.
9. COVENANTS
A. During the period of time that payment may be made hereunder and so long as any payments
remain unliquidated, SUBRECIPIENT shall not, without the prior written consent of the
Community Services Manager or her authorized representative:
(1) Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of the
assets of SUBRECIPIENT now owned or hereafter acquired by it, or permit any pre-
existing mortgages, liens, or other encumbrances to remain on, or attached to, any
assets of SUBRECIPIENT which are allocated to the performance of this Agreement
and with respect to which CITY has ownership hereunder.
(2) Sell, assign, pledge, transfer, or otherwise dispose of accounts receivables, notes, or
claims for money due or to become due.
(3) Sell, convey, or lease all or a substantial part of its assets.
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(4) Make any advance or loan to, or incur any liability for, any other firm, person, entity,
or corporation as guarantor, surety, or accommodation endorser.
(5) Sell, donate, loan, or transfer any equipment or item of personal property purchased
with funds paid to SUBRECIPIENT by CITY, unless CITY authorizes such transfer
in writing.
(6) Enter into any agreements or subcontracts with any agency or individual in the
performance of this Agreement without the written consent of CITY prior to the
execution of such an agreement or subcontract.
B. SUBRECIPIENT agrees, upon written request by CITY, to require its employees to attend
training sessions sponsored by the Community Development Division.
10. ALLOWABLE COSTS
A. Costs shall be considered allowable only if incurred directly and specifically in the
performance of and in compliance with this Agreement and in conformance with the
standards and provisions of Exhibits A and B.
B. CITY shall not be obligated to any third parties, including any contractors or subcontractors
of SUBRECIPIENT, and CITY funds shall not be used to pay for any contract service
extending beyond the expiration of this Agreement.
C. Approval of SUBRECIPIENT’s Project Budget, Exhibit B, does not constitute prior written
approval, even though certain items may appear in the Project Budget. CITY’s prior written
authorization is required in order for the following to be considered allowable costs:
(1) Any alterations, deletions, or additions to the Project Budget, Exhibit B.
(2) Any fees or payments for consulting services.
D. Written requests for prior approval are SUBRECIPIENT’s responsibility and shall be made
within sufficient time to permit a thorough review by CITY. SUBRECIPIENT must obtain
written approval by CITY prior to the commencement of procedures to solicit or purchase
services, equipment, or real or personal property. Any procurement or purchase which may
be approved under the terms of this Agreement must be conducted in its entirety in
accordance with the provisions of this Agreement.
11. PROGRAM INCOME
A. For purposes of this Agreement, “Program Income” means earnings of SUBRECIPIENT
realized from activities resulting from this Agreement or from SUBRECIPIENT’s
management of funding provided or received hereunder. Such earnings include, but are not
limited to, income from interest, usage or rental or lease fees, income produced from
contract-supported services of individuals or employees, or from the use or sale of equipment
or facilities of SUBRECIPIENT provided as a result of this Agreement, and payments from
clients or third parties for services rendered by SUBRECIPIENT under this Agreement.
B. SUBRECIPIENT shall maintain records of the receipt and disposition of Program Income in
the same manner as required for other contract funds and reported to CITY in the format
prescribed by CITY. CITY and SUBRECIPIENT agree that any fees collected for services
performed by SUBRECIPIENT shall be used for payment of costs associated with service
provision. Revenue remaining after payment of all program expenses for service provision
shall be considered Program Income and shall be subject to all the requirements of this
Agreement and the regulations found at CFR, Section 570.504.
C. SUBRECIPIENT shall include this Section in its entirety in all of its subcontracts which
involve other income-producing services or activities.
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D. It is SUBRECIPIENT’s responsibility to obtain from CITY a prior determination as to
whether or not income arising directly or indirectly from this Agreement, or the performance
thereof, constitutes Program Income. SUBRECIPIENT is responsible to CITY for the
repayment of any and all amounts determined by CITY to be Program Income, unless
otherwise approved in writing by CITY.
E. Recording Program Income. The receipt and expenditure of Program Income as defined in
Section 570.500(a) shall be recorded as part of the financial transactions of the grant program.
12. MAINTENANCE OF RECORDS
A. SUBRECIPIENT agrees to maintain records that will provide accurate, current, separate, and
complete disclosure of the status of the funds received under this Agreement, in compliance
with the provisions of Exhibit A and Exhibit B, and with any other applicable Federal and
State regulations establishing standards for financial management, SUBRECIPIENT’s
expenditures of funds made under this Agreement will conform to 2 CFR §200 Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,
and the regulations at 24 CFR Part 570, as applicable, including Title 24 CFR Sections
570.502(b), 570.504, and 570.506 as they pertain to costs incurred, audits, Program Income,
administration, and other activities and functions. SUBRECIPIENT’s record system shall
contain sufficient documentation to provide in detail full support and justification for each
expenditure. Nothing in this Section shall be construed to relieve SUBRECIPIENT of fiscal
accountability and liability under any other provision of this Agreement or any applicable
law. SUBRECIPIENT shall include the substance of this provision in all subcontracts.
B. SUBRECIPIENT agrees to retain all books, records, documents, reports, and written
accounting procedures pertaining to the PROJECT and operation of programs and
expenditures of funds under this Agreement for five years after the termination of all
activities funded under this Agreement.
C. Nothing in the above subsections shall be construed to relieve SUBRECIPIENT of
responsibility for retaining accurate and current records, which clearly reflect the level and
benefit of services provided under this Agreement.
D. At any reasonable time and as often as CITY may deem necessary, the SUBRECIPIENT
shall make available to CITY, HUD, or any of their authorized representatives, all of its
records and shall permit CITY, HUD, or any of their authorized representatives to audit,
examine, make excerpts and copies of such records, and to conduct audits of all contracts,
invoices, materials, payrolls, records of personnel, conditions of employment, and all other
data requested by said representatives.
13. REPORTS AND INFORMATION
At such times and in such form as CITY may require, SUBRECIPIENT shall furnish such
statements, records, data, and information as CITY may request and deem pertinent to matters
covered by this Agreement.
SUBRECIPIENT shall submit beneficiary and financial reports to CITY no less than once every
three months. The beneficiary report shall detail client information, including race, ethnicity,
income, female head of household, and other statistics required by CITY. The financial report
shall include information and data relative to all programmatic and financial reporting as of the
commencement date specified in Section 1 of this Agreement.
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Unless the CITY has granted a written exemption, SUBRECIPIENT shall submit an audit
conducted by independent examiners in accordance with Generally Accepted Accounting
Principles. If the SUBRECIPIENT receives and/or expends more than $750,000 in federal
funding, the audit must be conducted in accordance with OMB 2 CFR Part 200, as applicable,
within thirty days after receipt of such audit.
14. MONITORING AND EVALUATION
SUBRECIPIENT agrees to participate in a monitoring and evaluation system whereby the
services can be continuously monitored. CITY shall perform monitoring of the
SUBRECIPIENT’s performances under this Agreement.
A. SUBRECIPIENT agrees that CITY may carry out monitoring and evaluation activities to
ensure adherence by SUBRECIPIENT to the provisions of this Agreement.
B. SUBRECIPIENT agrees to cooperate fully with CITY and to provide data determined by
CITY to be necessary for CITY to effectively fulfill its monitoring and evaluation
responsibilities.
C. SUBRECIPIENT agrees to cooperate in such a way so as not to obstruct or delay CITY in
such monitoring and to designate one of its staff to coordinate the monitoring process as
requested by CITY staff.
D. To comply with this section, SUBRECIPIENT agrees to maintain records that will provide
accurate, current, separate, and complete disclosure of the status of funds received and the
services performed under this Agreement. SUBRECIPIENT's record system shall contain
sufficient documentation to provide in detail full support and justification for each
expenditure. SUBRECIPIENT agrees to retain all books, records, documents, reports, and
written accounting procedures pertaining to the services provided and expenditure of funds
under this Agreement for the period of time and under the conditions specified by the CITY.
Nothing in the above subsections shall be construed to relieve SUBRECIPIENT of
responsibility for retaining accurate and current records, which clearly reflect the level and
benefit of services, provided under this Agreement.
E. After each official monitoring on-site visit, CITY shall provide SUBRECIPIENT with a
written report of monitoring findings, documenting findings and concerns that will require a
written response to the CITY. An acceptable response must be received by the City within
60 days from the SUBRECIPIENT’s receipt of the monitoring report or audit review letter.
Future payments under this Agreement can be withheld for the SUBRECIPIENT’s failure to
submit a written response within 60 days.
F. SUBRECIPIENT shall submit copies of any fiscal, management, or audit reports by any of
the SUBRECIPIENT’s funding or regulatory bodies to CITY within ten working days of
receipt by SUBRECIPIENT.
G. SUBRECIPIENT will monitor all subcontracted services on a regular basis to assure contract
compliance. Results of monitoring efforts shall be summarized in written reports and
supported with documented evidence of follow-up actions taken to correct areas of
noncompliance.
15. DIRECTORS’ MEETINGS
During the term of this Agreement, SUBRECIPIENT shall cause to be delivered to CITY copies
of all notices of meetings of its Board of Directors, setting forth the time and place thereof. Such
notice shall be delivered to CITY in a timely manner to give adequate notice and shall include an
agenda and a brief description of the matters to be discussed. SUBRECIPIENT understands and
agrees that CITY representatives shall be afforded access to all of the Board of Directors’
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meetings. Minutes of all meetings of SUBRECIPIENT’s governing body shall be available to
CITY within ten days after Board approval.
16. INSURANCE
A. SUBRECIPIENT shall observe sound business practices with respect to providing such
bonding and insurance as would provide adequate coverage for services offered under this
Agreement.
B. The premises on and in which the activities described in Exhibit A are conducted, and the
employees conducting these activities, shall be covered by premise liability insurance,
commonly referred to as “Owner/Tenant” coverage, with CITY named as an additional
insured. Upon request of SUBRECIPIENT, CITY may, at its sole discretion, approve
alternate insurance coverage arrangements.
C. SUBRECIPIENT will comply with applicable workers’ compensation statutes and will
obtain employers’ liability coverage where available and other appropriate liability coverage
for program participants, if applicable.
D. SUBRECIPIENT will maintain adequate and continuous liability insurance on all vehicles
owned, leased, or operated by SUBRECIPIENT. All employees of SUBRECIPIENT who are
required to drive a vehicle in the normal scope and course of their employment must possess
a valid Texas driver’s license and automobile liability insurance. Evidence of the employee’s
current possession of a valid license and insurance must be maintained on a current basis in
SUBRECIPIENT’s files.
E. Actual losses not covered by insurance as required by this Section are not allowable costs
under this Agreement and remain the sole responsibility of SUBRECIPIENT.
F. The policy or policies of insurance shall contain a clause which requires that CITY and
SUBRECIPIENT be notified in writing of any cancellation or change in the policy at least 30
days prior to such change or cancellation.
17. CIVIL RIGHTS / EQUAL OPPORTUNITY
A. SUBRECIPIENT shall comply with all applicable equal employment opportunity and
affirmative action laws or regulations. The SUBRECIPIENT shall not discriminate against
any employee or applicant for employment because of race, color, creed, religion, national
origin, gender, age, or disability. The SUBRECIPIENT will take affirmative action to ensure
that all employment practices are free from such discrimination. Such employment practices
include but are not limited to the following: hiring, upgrading, demotion, transfer,
recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship.
B. SUBRECIPIENT shall comply with all applicable equal employment opportunity and
affirmative action laws or regulations. The SUBRECIPIENT agrees to comply with Title VI
of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as
amended, Section 104(b), Section 109 of Title 1 of the Housing and Community
Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the
Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive
Order 11063 and Executive Order 11246 as amended by Executive Orders 11375 and 12086.
C. SUBRECIPIENT will furnish all information and reports requested by the CITY, and will
permit access to its books, records, and accounts for purposes of investigation to ascertain
compliance with local, state, and Federal rules and regulations.
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D. In the event of SUBRECIPIENT’s non-compliance with the non-discrimination
requirements, CITY may cancel or terminate the Agreement in whole or in part, and
SUBRECIPIENT may be barred from further contracts with CITY.
18. PERSONNEL POLICIES
Personnel policies shall be established by SUBRECIPIENT and shall be available for
examination. Such personnel policies shall:
A. Include policies with respect to employment, salary and wage rates, working hours and
holidays, fringe benefits, vacation and sick leave privileges, and travel; and
B. Be in writing; and
C. Be approved by the governing body of SUBRECIPIENT.
19. CONFLICT OF INTEREST
A. SUBRECIPIENT covenants that neither it nor any member of its governing body presently
has any interest, direct or indirect, which would conflict in any manner or degree with the
performance of services required to be performed under this Agreement. SUBRECIPIENT
further covenants that in the performance of this Agreement, no person having such interest
shall be employed or appointed as a member of its governing body.
B. SUBRECIPIENT further covenants that no member of its governing body or its staff,
subcontractors, or employees shall possess any interest in or use his/her position for a
purpose that is or gives the appearance of being motivated by desire for private gain for
himself/herself, or others, particularly those with which he/she has family, business, or other
ties.
C. No officer, member, or employee of CITY and no member of its governing body who
exercises any function or responsibilities in the review or approval of the undertaking or
carrying out of this Agreement shall participate in any decision relating to the Agreement
which affects his or her personal interest or the interest in any corporation, partnership, or
association in which he or she has a direct or indirect interest.
20. NEPOTISM
SUBRECIPIENT shall not employ in any paid capacity any person who is a member of the
immediate family of any person who is currently employed by SUBRECIPIENT or is a member
of SUBRECIPIENT’s governing board. The term “member of immediate family” includes: wife,
husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece,
stepparent, stepchild, half-brother, and half-sister.
21. POLITICAL OR SECTARIAN ACTIVITY
A. Neither the funds provided pursuant to this Agreement, nor any personnel which may be
employed by the SUBRECIPIENT with funds provided pursuant to this Agreement shall be
in any way or to any extent engaged in any conduct or political activity in contravention of
Chapter 15 of Title 5 of the United States Code.
B. The SUBRECIPIENT is prohibited from using funds provided herein or personnel employed
in the administration of the program for: political activities; sectarian or religious activities,
lobbying, political patronage, or nepotism activities.
C. The SUBRECIPIENT agrees that none of the funds or services provided directly or indirectly
under this Agreement shall be used for any partisan political activity or to further the election
or defeat of any candidate for public office, or for publicity, lobbying, and/or propaganda
purposes designed to support or defeat pending legislation. Employees of the
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SUBRECIPIENT connected with any activity that is funded in whole or in part by funds
provided to SUBRECIPIENT under this Agreement may not under the term of this
Agreement:
(1) Use their official position or influence to affect the outcome of an election or
nomination;
(2) Solicit contributions for political purposes; or
(3) Take an active part in political management or in political campaigns.
D. SUBRECIPIENT hereby agrees to sign a Certification Regarding Lobbying included herein
as Exhibit D and, if necessary, the Disclosure of Lobbying Activities provided by the CITY.
22. PUBLICITY
Where such action is appropriate, SUBRECIPIENT shall publicize the activities conducted by
SUBRECIPIENT under this Agreement. In any news release, sign, brochure, or other advertising
medium, disseminating information prepared or distributed by or for SUBRECIPIENT, the
advertising medium shall state that the U.S. Department of Housing and Urban Development’s
Community Development Block Grant Program funding through the City of Denton has
contributed to make the project possible.
23. CHANGES AND AMENDMENTS
A. Any alterations, additions, or deletions to the terms of this Agreement shall be by written
amendment executed by both parties, except when the terms of this Agreement expressly
provide that another method shall be used.
B. SUBRECIPIENT may not make transfers between or among approved line items within
budget categories set forth in Exhibit B without prior written approval of CITY.
SUBRECIPIENT shall request, in writing, the budget revision in a form prescribed by CITY,
and such request for revision shall not increase the total monetary obligation of CITY under
this Agreement. In addition, budget revisions cannot significantly change the nature, intent,
or scope of the program funded under this Agreement.
C. SUBRECIPIENT will submit revised budget and program information whenever the level of
funding for SUBRECIPIENT or the program(s) described herein is altered according to the
total levels contained in any portion of Exhibit B.
D. It is understood and agreed by the parties hereto that changes in the State, Federal, or local
laws or regulations pursuant hereto may occur during the term of this Agreement. Any such
modifications are to be automatically incorporated into this Agreement without written
amendment hereto and shall become a part of the Agreement on the effective date specified
by the law or regulation.
E. CITY may, from time to time during the term of the Agreement, request changes to the
Agreement, which may include an increase or decrease in the amount of SUBRECIPIENT’s
compensation. Such changes shall be incorporated in a written amendment hereto, as
provided in Subsection A of this Section.
F. Any alterations, deletions, or additions to the Project Budget incorporated in Exhibit B shall
require the prior written approval of CITY.
G. SUBRECIPIENT agrees to notify CITY of any proposed change in physical location for
work performed under this Agreement at least 30 calendar days in advance of the change.
H. SUBRECIPIENT shall notify CITY of any changes in personnel or governing board
composition.
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I. It is expressly understood that neither the performance of Exhibit A for any program
contracted hereunder nor the transfer of funds between or among said programs will be
permitted.
24. SUSPENSION OF FUNDING
Upon determination by CITY of SUBRECIPIENT’s failure to timely and properly perform each
of the requirements, time conditions, and duties provided herein, CITY, without limiting any
rights it may otherwise have, may, at its discretion, and upon ten working days written notice to
SUBRECIPIENT, withhold further payments to SUBRECIPIENT. Such notice may be given by
mail to the Executive Officer and the Board of Directors of SUBRECIPIENT. The notice shall
set forth the default or failure alleged, and the action required for cure.
The period of such suspension shall be of such duration as is appropriate to accomplish
corrective action, but in no event shall it exceed 30 calendar days. At the end of the suspension
period, if CITY determines the default or deficiency has been satisfied, SUBRECIPIENT may be
restored to full compliance status and paid all eligible funds withheld or impounded during the
suspension period. If however, CITY determines that SUBRECIPIENT has not come into
compliance, the provisions of Section 25 may be effectuated.
25. TERMINATION
A. CITY may terminate this Agreement for cause under any of the following reasons or for
other reasons not specifically enumerated in this Section:
(1) SUBRECIPIENT’s failure to attain compliance during any prescribed period of
suspension as provided in Section 24.
(2) SUBRECIPIENT’s failure to materially comply with any of the terms of this
Agreement.
(3) SUBRECIPIENT’s violation of covenants, agreements, or guarantees of this
Agreement.
(4) Termination or reduction of funding by the CITY or HUD.
(5) Finding by CITY that the SUBRECIPIENT:
(a) is in such unsatisfactory financial condition as to endanger performance under
this Agreement;
(b) has allocated inventory to this Agreement substantially exceeding reasonable
requirements; or
(c) is delinquent in payment of taxes or of costs of performance of this
Agreement in the ordinary course of business.
(6) Appointment of a trustee, receiver, or liquidator for all or substantial part of
SUBRECIPIENT’s property, or institution of bankruptcy, reorganization,
rearrangement of, or liquidation proceedings by or against SUBRECIPIENT.
(7) SUBRECIPIENT’s inability to conform to changes required by Federal, State, and
local laws or regulations as provided in Section 4, and Section 2, of this Agreement.
(8) The commission of an act of bankruptcy.
(9) SUBRECIPIENT’s violation of any law or regulation to which SUBRECIPIENT is
bound or shall be bound under the terms of the Agreement.
B. CITY shall promptly notify SUBRECIPIENT in writing of the decision to terminate and the
effective date of termination. Simultaneous notice of pending termination may be made to
other funding sources specified in Exhibit B.
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C. CITY may terminate this Agreement for convenience at any time. If CITY terminates this
Agreement for convenience, SUBRECIPIENT will be paid an amount not to exceed the total
of accrued expenditures as of the effective date of termination subject to the requirements of
Section 7. In no event will this compensation exceed an amount which bears the same ratio to
the total compensation as the services actually performed bears to the total services of
SUBRECIPIENT covered by the Agreement, less payments previously made.
D. SUBRECIPIENT may terminate this Agreement in whole or in part by written notice to
CITY if a termination of outside funding occurs upon which SUBRECIPIENT depends for
performance hereunder. SUBRECIPIENT may opt, within the limitations of this Agreement,
to seek an alternative funding source, with the approval of CITY, provided the termination by
the outside funding source was not occasioned by a breach of contract as defined herein or as
defined in a contract between SUBRECIPIENT and the funding source in question.
E. SUBRECIPIENT may terminate this Agreement upon the dissolution of SUBRECIPIENT’s
organization not occasioned by a breach of this Agreement.
F. Upon receipt of notice to terminate, SUBRECIPIENT shall cancel, withdraw, or otherwise
terminate any outstanding orders or subcontracts relating to the performance of this
Agreement. CITY shall not be liable to SUBRECIPIENT or SUBRECIPIENT’s contractors,
subcontractors or creditors, including but not limited to Serve Denton, for any expenses,
encumbrances, or obligations whatsoever incurred after the termination date listed on the
notice to terminate referred to in this Section.
G. Notwithstanding any exercise by CITY of its right of suspension or termination,
SUBRECIPIENT shall not be relieved of liability to CITY for damages sustained by CITY
by virtue of any breach of the Agreement by SUBRECIPIENT, and CITY may withhold any
reimbursement to SUBRECIPIENT until such time as the exact amount of damages due to
CITY from SUBRECIPIENT is agreed upon or otherwise determined.
26. NOTIFICATION OF ACTION BROUGHT
In the event that any claim, demand, suit, or other action is made or brought by any person(s),
firm, corporation, or other entity against SUBRECIPIENT, SUBRECIPIENT shall give written
notice thereof to CITY within five working days after being notified of such claim, demand,
suit, or other action. Such notice shall state the date and hour of notification of any such claim,
demand, suit, or other action; the names and addresses of the person(s), firm, corporation, or
other entity making such claim or demand, or that instituted or threatened to institute any type
of action or proceeding; the basis of such claim, demand, suit, action, or proceeding; and the
name of any person(s) against whom such claim, demand, suit, action, or proceeding is being
made or threatened. Such written notice shall be delivered either personally or by mail.
27. INDEMNIFICATION
A. It is expressly understood and agreed by both parties hereto that CITY is contracting with
SUBRECIPIENT as an independent contractor and that as such, SUBRECIPIENT shall save
and hold CITY, its officers, elected and appointed officials, agents, and employees harmless
from all liability of any nature or kind, including costs and expenses for, or on account of,
any claims, audit exceptions, demands, suits, or damages of any character whatsoever
resulting in whole or in part from the performance or omission of any employee, agent,
contractor, subcontractor or representative of SUBRECIPIENT.
B. SUBRECIPIENT agrees to provide the defense for, and to indemnify and hold harmless
CITY its officers, elected and appointed officials, agents, employees, or contractors from any
and all claims, suits, causes of action, demands, damages, losses, attorney fees, expenses, and
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liability arising out of the use of these contracted funds and program administration and
implementation except to the extent caused by the willful act or omission of CITY, its agents,
employees, or contractors.
28. NON-RELIGIOUS ACTIVITIES
A. As stated in 24 CFR Part 5.109, no organization will be prohibited from participating in
activities supported by CITY funding including programs that make funds available through
contracts, grants, or cooperative agreements. SUBRECIPIENT is prohibited from
discriminating against beneficiaries in providing services or carrying out activities with such
assistance based on religion, a religious belief, a refusal to hold a religious belief, or a refusal
to attend or participate in a religious practice, while also noting that organizations that
participate in programs only funded by indirect CITY or Federal financial assistance need not
modify their program or activities to accommodate beneficiaries who choose to expend the
indirect aid on those organizations’ programs.
B. Faith based organizations that carry out programs or activities with direct Federal financial
assistance from HUD are required to provide written notice of certain protections to
beneficiaries and prospective beneficiaries. Specifically, such organizations are required to
give notice to beneficiaries that:
(1) The organization may not discriminate against a beneficiary or prospective
beneficiary based on religion, a religious belief, a refusal to hold a religious belief,
or a refusal to attend or participate in a religious practice; and
(2) The organization may not require a beneficiary to attend or participate in any
explicitly religious activities that are offered by the organization, and any
participation by the beneficiary in such activities must be purely voluntary; and
(3) The organization must separate, in time or location, any privately funded explicitly
religious activities from activities supported by direct Federal financial assistance;
and
(4) If a beneficiary objects to the religious character of the organization, the
organization must undertake reasonable efforts to identify and refer the beneficiary
to an alternative provider to which the beneficiary has no such objection; and
(5) A beneficiary or prospective beneficiary may report an organization's violation of
these protections, including any denials of services or benefits by an organization,
by contacting or filing a written complaint to HUD or the intermediary
administering the program, if applicable.
a) Faith-based organizations must provide this notice to prospective beneficiaries
prior to enrollment. In the event of an emergency or exigent circumstance that
makes it impracticable to provide the written notice in advance, prospective
beneficiaries may receive the notice at the earliest available opportunity.
Current beneficiaries must receive the notice at the earliest available
opportunity.
b) Faith-based organizations that carry out a program or activity with direct
Federal financial assistance from HUD are to promptly undertake reasonable
efforts to identify an alternative provider if a beneficiary or prospective
beneficiary objects to the religious character of the organization, and to refer
the beneficiary or prospective beneficiary to an alternative provider to which
the beneficiary or prospective beneficiary has no such objection.
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29. MISCELLANEOUS
A. SUBRECIPIENT shall not transfer, pledge, or otherwise assign this Agreement or any
interest therein, or any claim arising thereunder, to any party or parties, bank, trust company,
or other financial institution without the prior written approval of CITY.
B. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the
remaining provisions shall remain in full force and effect and continue to conform to the
original intent of both parties hereto.
C. All reports, documents, studies, charts, schedules, or other appended documentation to any
proposal, content of basic proposal, or contracts and any responses, inquiries,
correspondence, and related material submitted by SUBRECIPIENT shall become the
property of CITY upon request.
D. Debarment: SUBRECIPIENT certifies that it is not listed on the System for Award
Management (SAM), which lists the debarred, suspended, or otherwise excluded from or
ineligible for participation in federal assistance programs under Executive Order 12549 and
24 CFR Part 24.
E. In no event shall any payment to SUBRECIPIENT hereunder, or any other act or failure of
CITY to insist in any one or more instances upon the terms and conditions of this Agreement,
constitute or be construed in any way to be a waiver by CITY of any breach of covenant or
default which may then or subsequently be committed by SUBRECIPIENT. Neither shall
such payment, act, or omission in any manner impair or prejudice any right, power, privilege,
or remedy available to CITY to enforce its rights hereunder, which rights, powers, privileges,
or remedies are always specifically preserved. No representative or agent of CITY may
waive the effect of this provision.
F. This Agreement, together with referenced Exhibits, constitutes the entire agreement between
the parties hereto, and any prior agreement, assertion, statement, understanding, or other
commitment antecedent to this Agreement, whether written or oral, shall have no force or
effect whatsoever; nor shall an agreement, assertion, statement, understanding, or other
commitment occurring during the term of this Agreement, or subsequent thereto, have any
legal force or effect whatsoever, unless properly executed in writing and, if appropriate,
recorded as an amendment of this Agreement.
G. In the event any disagreement or dispute should arise between the parties hereto pertaining to
the interpretation or meaning of any part of this Agreement or its governing rules, codes,
laws, ordinances, or regulations, CITY as the party ultimately responsible to HUD for
matters of compliance, will have the final authority to render or to secure an interpretation.
H. If SUBRECIPIENT provides services to the homeless it is required to:
(1) Report homeless data to the Homeless Management Information System (“HMIS”).
HMIS is a countywide data management tool designed to facilitate data collection in
order to improve human service delivery throughout Denton County. Participation in
HMIS is a requirement per this Agreement. Data entered into HMIS will help our
community improve services to individuals experiencing homelessness by providing
accurate information on the extent and nature of homelessness in our community and
by accounting for our success in helping people move out of homelessness.
Participation is also critical to help CITY and Denton County successfully compete
for grants for federal funding, such HUD’s homeless assistance funds.
(2) Participate in the Denton County Homeless Leadership Team meetings and any
applicable workgroup(s). The Denton County Homeless Leadership Team is a
collaborative, cross-sector team that convenes to improve the planning, coordination,
oversight, and implementation required to create systems change for
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277
Kendra Kennedy
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EXHIBIT A
SCOPE OF SERVICES
Description of Project
Community Development Block Grant – Coronavirus funds will be used to pay for the
construction costs associated with the addition of 4,500 square feet to the Project Site, including
building permit fees and sidewalk improvements. The Project Site is located at the Serve Denton
Center at 306 N. Loop 288 Suite 400, Denton, Texas. The Project is designed to construct an
addition to expand the Project Site to store food and specialized equipment to help grow the food
distribution capacity to provide food from a central community storehouse to needy families and
struggling with hunger insecurity.
Estimated Project Timeline
July 2021
Project Approval: Contract is executed with SUBRECIPIENT and
approved by City Council
August 2021
Pre-Construction: SUBRECIPIENT completes necessary architecture,
engineering, design, permitting, and all activities and approvals
September 2021
Procurement: SUBRECIPIENT completes the procurement process
including advertisement and selection of a contractor
October 2021 –
March 2022 Construction: SUBRECIPIENT manages the project
April 2022 Reimbursement: Request reimbursement for project costs.
May 2022
Reporting: SUBRECIPIENT submits client data to the City to
complete project
June 2022 Monitoring: SUBRECIPIENT begins reporting
July 2031 Monitoring: SUBRECIPIENT ends reporting
Work Statement
In orGer to FomSlete tKe aJreeG uSon aFtiYity, SUBRECIPIENT sKall SroYiGe tKe folloZinJ
serYiFes from tKe imSroYeG faFility
SUBRECIPIENT was founded in 1974 with a mission to provide food from a central
community store house to needy individuals and families who are struggling with hunger
insecurity. With the event of the Covid-19 pandemic, the center went from allowing
applicants/clients requesting food six times each year, no more than once per calendar month, to
allowing clients to come every two weeks or 24 times a year. The food pantry is open 2-3 days
per week with drive-through distribution of a basket with about 100 pounds of food) to the
clients’ vehicle.
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Page 23
For the duration of the pandemic, the food pantry serves all clients from Denton and Denton
County, as well as DFW and surrounding areas, who visit requesting food from
SUBRECIPIENT’s Serve Denton campus location. Currently, seventy-one percent of clients
reside within the city limits of Denton. The food is purchased from retail suppliers and donated,
and most of the protein comes from the Tarrant Area Food Bank.
SUBRECIPIENT serves individuals and families regardless of race, ethnicity, or age. This
diverse cross-section of clients includes the low-income working poor, veterans, and the
homeless, and people who are recipients of Federal programs such as SNAP/Food Stamps,
Temporary Assistance for Needy Families, Supplement Security Income, National School
Lunch Program, and Medicaid, among others. SUBRECIPIENT follows the income eligibility
guidelines as specified by the Emergency Food Assistance Program. SUBRECIPIENT proposes
to assist 21,000 unduplicated people during the 2021-22 fiscal year. A majority of the clients at
99.97% are at or below 80% of the Area Median Income.
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Page 24
EXHIBIT B
PRO-ECT BUDGET
Four-Hundred Thirty-Nine Thousand Four-Hundred Eighty-Three and no/100 Dollars
($439,483.00) in Community Development Block Grant – Coronavirus funds for public facility
improvements for low and moderate-income households. Funding may be reallocated as needed
to complete the improvements described in Exhibit A. As stated in the Agreement, any
remaining fund balance will be returned to CITY.
Prior to the start of construction, SUBRECIPIENT shall provide the Community Development
Division with an overall budget, documentation of any additional funding sources and
commitments (if other funding sources are included in the Project), and a Project
planning/construction schedule.
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Page 25
EXHIBIT C
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HUD
INCOME LIMITS
4ualifying Income Limits for Federally Assisted Programs
FY 2021 Income Limits Summary
Dallas, TX HUD Metro FMR Area
Effective June 1, 2021
Median Household Income: $ 89,000 (Household of 4)
Household Low
(80%)
Very Low
(50%)
Extremely Low
(30%)
1 $49,850 $31,150 $18,700
2 $57,000 $35,600 $21,400
3 $64,100 $40,050 $24,050
4 $71,200 $44,500 $26,700
5 $76,900 $48,100 $28,850
6 $82,600 $51,650 $31,000
7 $88,300 $55,200 $33,150
8 $94,000 $58,750 $35,250
282
283
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 21-1507,Version:1
AGENDA CAPTION
Consider approval of a resolution of the City of Denton, Texas, amending Resolution No. 19-2886 relating to
the Bond Oversight Committee, to amend the manner in which members are appointed to the committee; and
provide for an effective date.
City of Denton Printed on 7/23/2021Page 1 of 1
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City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Finance
ACM/CFO: David Gaines
DATE: July 27, 2021
SUBJECT
Consider approval of a resolution of the City of Denton, Texas, amending resolution No. 19-2886 relating
to the Bond Oversight Committee, to amend the manner in which members are appointed to the
committee; and provide for an effective date.
BACKGROUND
On December 17, 2019, City Council approved resolution 19-2286 establishing The Bond Oversight
Committee. The Bond Oversight Committee is a seven (7) member committee which monitor, evaluate and
report on the progress of all the City’s active bond election capital programs. The Committee also provides
guidance when potential changes or adjustments to the bond program projects occur. One of the Bond
Oversight Committee members, Eric Pruett, recently moved to the Planning & Zoning Committee leaving
a vacancy on the Bond Oversight Committee. In order to fill the vacant seat, resolution 19-2886 must be
repealed since the original committee members are listed by name. The proposed resolution allows Council
to appoint new committee members without listing specific names. The City has received one application
for the vacant seat which will be presented at a future City Council meeting.
The members of the Bond Oversight Committee are previous members of the 2014 Bond Oversight
Committee and the Special Citizens Bond Advisory Committee for the 2019 Bond Election.
RECOMMENDATION
Staff recommends approval of the resolution.
EXHIBITS
1. Agenda Information Sheet
2. Resolution
Respectfully submitted:
Cassey Ogden
` Finance Director
940-349-7195
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
285
RESOLUTION NO._________________
A RESOLUTION OF THE CITY OF DENTON AMENDING RESOLUTION NO. 19-2886
RELATING TO THE BOND OVERSIGHT COMMITTEE, TO AMEND THE MANNER IN
WHICH MEMBERS ARE APPOINTED TO THE COMMITTEE; AND PROVIDE FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton (“City Council”) called and ordered a
bond election for November 5, 2019, for the purpose of submitting to the voters of the City of
Denton certain capital improvements, which bonds were approved by the voters as a result of the
election; and
WHEREAS, on December 17, 2019, the City Council created a Special Citizens Bond
Advisory Committee (“Bond Oversight Committee”) to monitor, evaluate, and report on the
progress of the Six Year Capital Improvement Program approved by the voters at the bond election
on November 5, 2019 and all prior bond election capital programs; and
WHEREAS, the City Council desires to amend the manner in which members of the Bond
Oversight Committee are appointed; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. Section 2 of Resolution No. 19-2886 is hereby amended in its entirety to
read as follows: “The membership of the Bond Oversight Committee shall be composed of seven
(7) residents of the City of Denton appointed by the City Council. The members shall serve at the
pleasure of the City Council until successors are duly appointed.”
SECTION 2. Members of the Bond Oversight Committee appointed prior to the effective
date of this resolution shall continue to serve until successors are duly appointed.
SECTION 3. All other resolutions that conflict with this resolution are hereby repealed.
SECTION 4. This resolution shall become effective immediately upon its passage and
approval.
The motion to approve this resolution was made by __________________________ and
seconded by _________________________________; the resolution was passed and approved by
the following vote [___ - ___]:
Aye Nay Abstain Absent
Gerard Hudspeth, Mayor: ______ ______ ______ ______
Vicki Byrd, District 1: ______ ______ ______ ______
Brian Beck, District 2: ______ ______ ______ ______
Jesse Davis, District 3: ______ ______ ______ ______
Alison Maguire, District 4: ______ ______ ______ ______
Deb Armintor, At Large Place 5: ______ ______ ______ ______
Paul Meltzer, At Large Place 6: ______ ______ ______ ______
286
Page 2 of 2
PASSED AND APPROVED this the ______ day of _______________, 2021.
___________________________________
GERARD HUDSPETH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
BY: _________________________________
APPROVED AS TO LEGAL FORM:
CATHERINE CLIFTON, INTERIM CITY ATTORNEY
BY: _________________________________
Digitally signed by Mack
Reinwand
Date: 2021.06.09 14:42:46
-05'00'
287
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 21-1489,Version:1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton,a Texas home-rule municipal corporation,authorizing
the City Manager,or their designee,to execute a contract with On Computer Services,L.L.C.,dba Unified
Power,for uninterruptible power supply (UPS)maintenance and services for the Technology Services
Department;providing for the expenditure of funds therefor;and providing an effective date (RFP 7546 -
awarded to On Computer Services,L.L.C.,dba Unified Power,for three (3)years,with the option for two (2)
additional one (1) year extensions, in the total five (5) year not-to-exceed amount of $195,000.00).
City of Denton Printed on 7/23/2021Page 1 of 1
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City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Procurement & Compliance
ACM: David Gaines
DATE: July 27, 2021
SUBJECT
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation,
authorizing the City Manager, or their designee, to execute a contract with On Computer Services, L.L.C.,
dba Unified Power, for uninterruptible power supply (UPS) maintenance and services for the Technology
Services Department; providing for the expenditure of funds therefor; and providing an effective date (RFP
7546 – awarded to On Computer Services, L.L.C., dba Unified Power, for three (3) years, with the option
for two (2) additional one (1) year extensions, in the total five (5) year not-to-exceed amount of
$195,000.00).
INFORMATION/BACKGROUND
Currently, the City of Denton has five (5) uninterruptible power supply (UPS)/ power distribution units
(PDU) and two (2) static transfer switches (STS) distributed across four (4) locations. The UPS distribution
system supports mission-critical equipment used by the entire City including our primary data center,
backup data center, Police Dispatch Operations Center, and Denton Municipal Electric. An uninterruptible
power supply (UPS) is a device that allows equipment such as computers and servers to keep running for a
short time when the primary power source is lost. It also filters the power to provide a clean steady current
to our equipment. Two (2) additional UPS systems will be added next year as part of the Police department’s
renovation project.
To ensure that this equipment is ready in an emergency, the equipment goes through a preventative
maintenance program that inspects the equipment twice a year and replaces any needed components to
ensure that the equipment is always available when needed. As part of the preventative maintenance
program, the batteries used in the UPS systems are replaced every three (3) years, or sooner if they are not
capable of being fully charged. Over the next eighteen (18) months we expect to replace all our current
batteries, so during the life of this contract, we expect to replace the batteries twice.
Year 1 Year 2 Year 3 Year 4 Year 5
Annual Preventative Maintenance: $15,171.68 $20,171.68 $20,171.68 $20,171.68 $20,171.68
Projected Battery Replacement: $14,645.09 $14,645.09 $14,645.09 $14,645.09 $14,645.09
Projected Annual Cost: $29,816.77 $34,816.77 $34,816.77 $34,816.77 $34,816.77
Contingency: $25,916.15
Contract 5yr NTE Amount: $195,000
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
289
Requests for Proposals was sent to 199 prospective suppliers, including seven (7) Denton firms, of this
item. In addition, specifications were placed on the Materials Management website for prospective suppliers
to download and advertised in the local newspaper. Seven (7) proposals were received and evaluated based
upon published criteria including compliance with specifications, probable performance, delivery/project
schedule, and price. Based upon this evaluation, On Computer Services, L.L.C., dba Unified Power was
ranked the highest and determined to be the best value for the City.
NIGP Code Used for Solicitation: 207 - Computer Accessories and
Supplies
Notifications sent for Solicitation sent in IonWave: 199
Number of Suppliers that viewed Solicitation in IonWave: 19
HUB-Historically Underutilized Business Invitations sent out: 20
SBE-Small Business Enterprise Invitations sent out: 77
Responses from Solicitation: 7
RECOMMENDATION
Award a contract with On Computer Services, L.L.C., dba Unified Power for uninterruptible power supply
(UPS) maintenance and services for the Technology Services Department, in a three (3) year, with the
option for two (2) additional one (1) year extensions, in the total five (5) year not-to-exceed amount of
$195,000.
PRINCIPAL PLACE OF BUSINESS
On Computer Services, L.L.C., dba Unified Power
Terrell, TX
ESTIMATED SCHEDULE OF PROJECT
This is an initial three (3) year contract with options to extend the contract for two (2) additional one (1)
year periods, with all terms and conditions remaining the same.
FISCAL INFORMATION
These services will be funded from the Technology Services Department Operating Funds.
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Evaluation
Exhibit 3: LLC Members
Exhibit 4: Ordinance and Contract
Respectfully submitted:
Lori Hewell, 940-349-7100
Purchasing Manager
For information concerning this acquisition, contact: Leisha Meine, 940-349-7823.
Legal point of contact: Marcella Lunn at 940-349-8333.
290
On Computer Services
LLC, DBA Unified Power
DataCom
Power, Inc.DC Group Facility Gateway
Corporation e² Power LLC Gruber Power
Services
BATTERY
SYSTEMS LLC
Terrell, TX Plano, TX Minneapolis, MN Madison, WI Richardson, TX Phoenix, AZ Naperville, IL
Line #Description
1
2 Annual Preventative Maintenance on Mitsubishi UPS Model #UP2033D-D803DU-4; Serial #06-7M71464-01 $2,177.68 $3,390.00 $2,000.00 $2,375.00 $3,414.44 $2,425.00 $1,200.00
3 Annual Preventative Maintenance on Mitsubishi UPS Model #UP2033D-A503DU-4; Serial #02-GJW8Q1-02 $1,695.32 $3,410.00 $1,700.00 $1,900.00 $3,610.00 $2,200.00 $1,200.00
4 Annual Preventative Maintenance on Mitsubishi UPS Model #UP2033C-A403SU-2; Serial #00-BU06Q1-05 $2,342.72 $3,206.00 $1,700.00 $1,800.00 $3,065.56 $2,200.00 $1,200.00
5 Annual Preventative Maintenance on GE UPS Model #LP 33; Serial #Q1060-2711-B204B $2,534.84 $3,520.00 $2,000.00 $2,375.00 $3,344.44 $2,350.00 $1,200.00
6 Annual Preventative Maintenance on Toshiba UPS Model #UE3G2L140C61T; Serial #080800603 $1,075.80 $1,693.00 $1,000.00 $1,370.00 $2,365.56 $1,600.00 $1,200.00
7 Annual Preventative Maintenance on PDI PDU Model #PP12-4-100-G-641; Serial #110-1895 $1,306.66 $1,766.00 $550.00 $200.00 $800.00 $300.00 $600.00
8 Annual Preventative Maintenance on PDI STS Model #STS-FO-STD-2480-150-60; Serial #411-0009 $1,306.66 $1,766.00 $550.00 $200.00 $1,270.00 $300.00 $600.00
9 Annual Preventative Maintenance on PDI PDU Model #PPI12-0-050-E-641; Serial #440-0005 $963.48 $1,324.00 $550.00 $200.00 $747.78 $300.00 $600.00
10 Annual Preventative Maintenance on PDI STS Model #STSSBR-STD-2-480-100-60; Serial #440-0005-1A $963.48 $1,324.00 $550.00 $200.00 $1,200.00 $300.00 $600.00
11 Annual Preventative Maintenance on PDI PDU Model #RPP-02-1-441-D3; Serial #180-1672 $805.04 $1,109.00 $550.00 $200.00 $760.00 $300.00 $600.00
$15,171.68 $22,508.00 $11,150.00 $10,820.00 $20,577.78 $12,275.00 $9,000.00
12
13
Price per each for 12-300MR Battery-12V (Cost of battery per each only)$155.53 $166.08 $172.00 $155.00 $168.78 $155.00 $162.00
Price per string of 40 for 12-300MR Batteries-12V (Cost of battery per string of 40 only)$6,221.20 $6,643.00 $5,630.00 $6,200.00 $6,751.11 $6,200.00 $6,480.00
14
Price per each for 150WPC Battery-12V (Cost of battery per each only)$132.00 $122.78 $110.00 $85.00 $117.32 $125.00 $102.96Price per string of 40 for 150WPC Batteries-12V (Cost of battery per string of 40 only)$5,280.00 $4,911.00 $3,750.00 $3,400.00 $4,692.89 $5,000.00 $4,118.40
15
Price per each for 100WPC Battery-12V (Cost of battery per each only)$149.00 $155.03 $94.00 $85.00 $99.41 $106.00 $85.57
Price per string of 30 for 100WPC Batteries-12 (Cost of battery per string of 30 only)$4,470.00 $4,651.00 $2,600.00 $2,550.00 $2,982.22 $3,180.00 $2,567.10
16
Price per each for 150WPC Battery-12V (Cost of battery per each only)$132.00 $121.87 $110.00 $85.00 $121.03 $125.00 $102.96
Price per string of 24 for 150WPC Batteries-12 (Cost of battery per string of 24 only)$3,168.00 $2,925.00 $2,400.00 $2,040.00 $2,904.62 $3,000.00 2471.04
17
Price per each for NPX-35TFR Battery-12V (Cost of battery per each only)$20.00 $25.48 $23.00 $16.50 $27.85 $42.00 $864.00
Price per string of 48 for NPX-35TFR Batteries-12 (Cost of battery per string of 48 only)$960.00 $1,223.00 1,220.00$ $792.00 $1,336.71 $2,016.00 $41,472.00
$20,687.73 $20,944.24 $16,109.00 $15,408.50 $19,201.94 $19,949.00 $58,426.03
$35,859.41 $43,452.24 $27,259.00 $26,228.50 $39,779.72 $32,224.00 $67,426.03
$25,916.15
$195,000.00
Item #Standard Criteria On Computer Services
LLC, DBA Unified Power
DataCom
Power, Inc.DC Group Facility Gateway
Corporation e² Power LLC Gruber Power
Services
BATTERY
SYSTEMS LLC
1 Delivery/Project Schedule - 10%8.00 9.33 4.67 4.67 6.00 2.67 3.33
2 Compliance with Specifications - 10%7.33 8.00 6.67 5.33 6.00 5.33 4.67
3 Probable Performance - 40%34.67 37.33 21.33 18.67 24.00 13.33 16.00
4 Price, Total Cost of Ownership - 40%29.26 24.14 38.49 40.00 26.37 32.56 15.56
79.26 78.81 71.15 68.67 62.37 53.89 39.56Total Score:
Total Battery Replacement Unit Cost:
Response Total Cost:
Total Annual Maintenance Cost:
Evaluation
Contingency:
Total Contract Amount (5 years):
Battery Replacement on Mitsubishi UPS Model #UP2033D-A503DU-4; Serial #02-GJW8Q1-02 (50kva)
Battery Replacement on Mitsubishi UPS Model #UP2033D-A403SU-2 Serial #00-BU06Q1-05 (40kva)
Battery Replacement on GE UPS Model #LP 33 Serial #Q1060-2711-B204B (60kva)
Battery Replacement on Toshiba UPS Model #UE3G2L140C61T; Serial #080800603 (14kva)
Exhibit 2
RFP 7546 - Pricing Evaluation for Uninterruptible Power Supply (UPS) Maintenance
SECTION A -BI-ANNUAL MAINTENANCE (2PM visits per year)
SECTION B - BATTERY REPLACEMENT
Battery Replacement on Mitsubishi UPS Model #UP2033D-D803DU-4; Serial #06-7M71464-01 (80kva)
Respondent's Business Name:
Principal Place of Business (City and State):
291
292
ORDINANCE NO. _________
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL
CORPORATION, AUTHORIZING THE CITY MANAGER, OR THEIR DESIGNEE, TO
EXECUTE A CONTRACT WITH ON COMPUTER SERVICES, L.L.C., DBA UNIFIED POWER,
FOR UNINTERRUPTIBLE POWER SUPPLY (UPS) MAINTENANCE AND SERVICES FOR
THE TECHNOLOGY SERVICES DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP 7546 AWARDED TO
ON COMPUTER SERVICES, L.L.C., DBA UNIFIED POWER, FOR THREE (3) YEARS, WITH
THE OPTION FOR TWO (2) ADDITIONAL ONE (1) YEAR EXTENSIONS, IN THE TOTAL
FIVE (5) YEAR NOT-TO-EXCEED AMOUNT OF $195,000.00).
WHEREAS, the City has solicited, received, and evaluated competitive proposals for
uninterruptible power supply (UPS) maintenance and services for the Technology Services
Department; and
WHEREAS, the City Manager, or a designated employee, has received, reviewed, and
recommended that the herein described proposals are the most advantageous to the City considering
the relative importance of price and the other evaluation factors included in the request for
proposals; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies, or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The items in the following numbered request for proposal for materials,
equipment, supplies,
Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City
considering the relative importance of price and the other evaluation factors included in the request
for proposals.
RFP
NUMBER CONTRACTOR AMOUNT
7546 On Computer Services, L.L.C., $195,000.00
dba Unified Power
SECTION 2. That by the acceptance and approval of the above numbered items of the
submitted proposals, the City accepts the offer of the persons submitting the proposals for such items
and agrees to purchase the materials, equipment, supplies, or services in accordance with the terms,
specifications, standards, quantities, and for the specified sums contained in the Proposal Invitations,
Proposals, and related documents.
293
SECTION 3. That should the City and person submitting approved and accepted items wish
to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the
proposals, the City Manager, or their 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, standards, quantities, and specified sums contained in the
Proposal and related documents herein approved and accepted.
SECTION 4. 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 of Denton, or their designee.
SECTION 5. By the acceptance and approval of the above enumerated bids, the City
Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with
the approved bids.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by __________________________ and
seconded by _________________________________. This ordinance was passed and approved by the
following vote [___ - ___]:
Aye Nay Abstain Absent
Mayor Gerard Hudspeth: ______ ______ ______ ______
Vicki Byrd, District 1: ______ ______ ______ ______
Brian Beck, District 2: ______ ______ ______ ______
Jesse Davis, District 3: ______ ______ ______ ______
Alison Maguire, District 4: ______ ______ ______ ______
Deb Armintor, At Large Place 5: ______ ______ ______ ______
Paul Meltzer, At Large Place 6: ______ ______ ______ ______
PASSED AND APPROVED this the _______ day of ___________________________, 2021.
__________________________________
GERARD HUDSPETH, MAYOR
294
ATTEST:
ROSA RIOS, CITY SECRETARY
BY: __________________________________
APPROVED AS TO LEGAL FORM:
CATHERINE CLIFTON, INTERIM CITY ATTORNEY
BY: _________________________________
295
Docusign City Council Transmittal Coversheet
File Name
Purchasing Contact
City Council Target Date
Piggy Back Option
Contract Expiration
Ordinance
DocuSign Envelope ID: 313A39C9-1B65-4D5F-B9CB-B8480501233B
7546RFP
Cori Power
UPS Maintenance
Yes
296
Contract # 7546
CONTRACT BY AND BETWEEN CITY OF DENTON, TEXAS AND ON COMPUTER SERVICES, L.L.C.,
DBA UNIFIED POWER (CONTRACT 7546) THIS CONTRACT is made and entered into this date ______________________, by and between On Computer Services, L.C.C., dba Unified Power, a Texas Limited Liability
Company, whose address is 217 Metro Drive, Terrell, TX 75160, hereinafter referred to as
"Contractor," and the CITY OF DENTON, TEXAS, a home rule municipal corporation, hereinafter referred to as "City," to be effective upon approval of the Denton City Council and subsequent execution of this Contract by the Denton City Manager or his duly authorized designee.
For and in consideration of the covenants and agreements contained herein, and for the
mutual benefits to be obtained hereby, the parties agree as follows: SCOPE OF SERVICES Contractor shall provide products and/or services in accordance with the City’s document
RFP 7546 - Uninterruptible Power Supply (UPS) Maintenance, a copy of which is on file at the office of Purchasing Agent and incorporated herein for all purposes. The Contract consists of this written agreement and the following items which are attached hereto and incorporated herein by reference:
(a) Special Terms and Conditions (Exhibit “A”); (b) City of Denton’s RFP 7546 (Exhibit “B” on File at the Office of the Purchasing Agent); (c) City of Denton Standard Terms and Conditions (Exhibit “C”); (d) Insurance Requirements (Exhibit “D”);
(e) Certificate of Interested Parties Electronic Filing (Exhibit "E"); (f) Contractor’s Proposal (Exhibit "F"); (g) Form CIQ – Conflict of Interest Questionnaire (Exhibit "G"); These documents make up the Contract documents and what is called for by one shall be
as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions of the Contract documents, the inconsistency or conflict shall be resolved by giving precedence first to the written agreement then to the contract documents in the order in which they are listed above. These documents shall be referred to collectively as “Contract Documents.”
Prohibition on Contracts with Companies Boycotting Israel Contractor 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, Contractor
certifies that Contractor’s signature provides written verification to the City that Contractor: (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.
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Contract # 7546
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, Contractor
certifies that Contractor’s signature provides written verification to the City that Contractor, 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. 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.
IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. CONTRACTOR BY: ______________________________ AUTHORIZED SIGNATURE Printed Name: ______________________
Title: _____________________________ __________________________________ PHONE NUMBER
_________________________________ EMAIL ADDRESS ___________________________________
TEXAS ETHICS COMMISSION 1295 CERTIFICATE NUMBER
CITY OF DENTON, TEXAS BY: _____________________________
ATTEST: ROSA RIOS, CITY SECRETARY
BY: _______________________________ APPROVED AS TO LEGAL FORM:
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: 313A39C9-1B65-4D5F-B9CB-B8480501233B
2021-762656
Steven Gottlieb
steven.gottlieb@unifiedpowerusa.com
EVP Sales & Business Development
3038084725
Leisha Meine
Chief Technology Officer
Technology Services
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Contract # 7546
Exhibit A Special Terms and Conditions
1. Total Contract Amount
The contract total for services shall not exceed $195,000. Pricing shall be per Exhibit F attached.
2. The Quantities The quantities indicated on Exhibit F are estimates based upon the best available information. The
City reserves the right to increase or decrease the quantities to meet its actual needs without any adjustments in the bid price. Individual purchase orders will be issued on an as needed basis.
3. Contract Terms
The contract term will be three (3) year, effective from date of award. The City and the Supplier
shall have the option to renew this contract for an additional two (2) one-year periods. The Contract shall commence upon the issuance of a Notice of Award by the City of Denton and shall automatically renew each year, from the date of award by City Council. The Supplier’s request to not
renew the contract must be submitted in writing to the Purchasing Manager at least 60 days prior to
the contract renewal date for each year. At the sole option of the City of Denton, the Contract may be further extended as needed, not to exceed a total of six (6) months.
4. Price Escalation and De-escalation
On Supplier’s request in the form stated herein, the City will implement an escalation/de-
escalation price adjustment annually based on these special terms. Any request for price adjustment must be based on the, U.S Department of Labor, Bureau of Labor Statistics, Producer Price Index (PPI) or the manufacturer published pricing list. The maximum escalation will not exceed +/- 8% for any individual year. The escalation will be determined annually at the
renewal date. The price will be increased or decreased based upon the annual percentage change
in the PPI or the percentage change in the manufacturer’s price list. Should the PPI or manufacturer price list change exceed a minimum threshold value of +/-1%, then the stated eligible bid prices shall be adjusted in accordance with the percent change not to exceed the 8% limit per year. The supplier should provide documentation as percentage of each cost associated
with the unit prices quoted for consideration.
Request must be submitted in writing with supporting evidence for need of such increase to the Purchasing Manager at least 60 days prior to contract expiration of each year. Respondent must also provide supporting documentation as justification for the request. If no request is made, then it will be assumed that the current contract price will be in effect.
Upon receipt of such request, the City of Denton reserves the right to either: accept the escalation
as competitive with the general market price at the time, and become effective upon the renewal date of the contract award or reject the increases within 30 calendar days after receipt of a properly submitted request. If a properly submitted increase is rejected, the Contractor may
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Contract # 7546
request cancellation of such items from the Contract by giving the City of Denton written notice. Cancellation will not go into effect for 15 calendar days after a determination has been issued.
Pre-price increase prices must be honored on orders dated up to the official date of the City of
Denton approval and/or cancellation.
The request can be sent by e-mail to: purchasing@cityofdenton.com noting the solicitation number.
The City of Denton reserves the right to accept, reject, or negotiate the proposed price changes.
5. Performance Liquidated Damages
The Contractor shall incur contractual payment losses, as initiated by the City for performance that falls short of specified performance standards as outlined below:
• Delivery beyond contracted lead times
• Performance below contracted levels (services only)
The Contractor shall be assessed a one (1%) percent fee each month when any one of the performance standards outlined above are not met in full. The Contractor shall be assessed a two (2%) percent profit fee each month when any two (2) or more performance standards outlined above are not met in full. At the end of each month, the City will review the monthly reports and
determine the percentage of penalty to be assessed to the Contractor’s monthly profit margin.
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Contract # 7546
Exhibit C Standard Purchase Terms and Conditions These standard Terms and Conditions and the Terms and Conditions, Specifications, Drawings and other requirements included in the City of Denton’s contract are applicable to
contracts/purchase orders issued by the City of Denton hereinafter referred to as the City or Buyer
and the Seller or respondent herein after referred to as Contractor or Supplier. Any deviations must be in writing and signed by a representative of the City’s Procurement Department and the Supplier. No Terms and Conditions contained in the seller’s proposal response, invoice or statement shall serve to modify the terms set forth herein. If there is a conflict between the
provisions on the face of the contract/purchase order these written provisions will take precedence.
The Contractor agrees that the contract shall be governed by the following terms and conditions, unless exceptions are duly noted and fully negotiated. Unless otherwise specified in the contract, Sections 3, 4, 5, 6, 7, 8, 20, 21, and 36 shall apply only to a solicitation to purchase goods, and
sections 9, 10, 11, 22 and 32 shall apply only to a solicitation to purchase services to be performed
principally at the City’s premises or on public rights-of-way. 1. CONTRACTOR’S OBLIGATIONS. The Contractor shall fully and timely provide all deliverables described in the Solicitation and in the Contractor’s Offer in strict accordance with
the terms, covenants, and conditions of the Contract and all applicable Federal, State, and local
laws, rules, and regulations. 2. EFFECTIVE DATE/TERM. Unless otherwise specified in the Solicitation, this Contract shall be effective as of the date the contract is signed by the City, and shall continue in effect until all
obligations are performed in accordance with the Contract.
3. CONTRACTOR TO PACKAGE DELIVERABLES: The Contractor will package deliverables in accordance with good commercial practice and shall include a packing list showing the description of each item, the quantity and unit price unless otherwise provided in the
Specifications or Supplemental Terms and Conditions, each shipping container shall be clearly
and permanently marked as follows: (a) The Contractor's name and address, (b) the City’s name, address and purchase order or purchase release number and the price agreement number if applicable, (c) Container number and total number of containers, e.g. box 1 of 4 boxes, and (d) the number of the container bearing the packing list. The Contractor shall bear cost of packaging.
Deliverables shall be suitably packed to secure lowest transportation costs and to conform to all
the requirements of common carriers and any applicable specification. The City's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 4. SHIPMENT UNDER RESERVATION PROHIBITED: The Contractor is not authorized to ship the deliverables under reservation and no tender of a bill of lading will operate as a tender of
deliverables. 5. TITLE & RISK OF LOSS: Title to and risk of loss of the deliverables shall pass to the City only when the City actually receives and accepts the deliverables.
6. DELIVERY TERMS AND TRANSPORTATION CHARGES: Deliverables shall be
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Contract # 7546
shipped F.O.B. point of delivery unless otherwise specified in the Supplemental Terms and Conditions. Unless otherwise stated in the Offer, the Contractor’s price shall be deemed to include
all delivery and transportation charges. The City shall have the right to designate what method of
transportation shall be used to ship the deliverables. The place of delivery shall be that set forth the purchase order. 7. RIGHT OF INSPECTION AND REJECTION: The City expressly reserves all rights under
law, including, but not limited to the Uniform Commercial Code, to inspect the deliverables at
delivery before accepting them, and to reject defective or non-conforming deliverables. If the City has the right to inspect the Contractor’s, or the Contractor’s Subcontractor’s, facilities, or the deliverables at the Contractor’s, or the Contractor’s Subcontractor’s, premises, the Contractor shall furnish, or cause to be furnished, without additional charge, all reasonable facilities and assistance
to the City to facilitate such inspection.
8. NO REPLACEMENT OF DEFECTIVE TENDER: Every tender or delivery of deliverables must fully comply with all provisions of the Contract as to time of delivery, quality, and quantity. Any non-complying tender shall constitute a breach and the Contractor shall not have the right to substitute a conforming tender; provided, where the time for performance has not yet expired, the
Contractor may notify the City of the intention to cure and may then make a conforming tender within the time allotted in the contract. 9. PLACE AND CONDITION OF WORK: The City shall provide the Contractor access to the sites where the Contractor is to perform the services as required in order for the Contractor to
perform the services in a timely and efficient manner, in accordance with and subject to the applicable security laws, rules, and regulations. The Contractor acknowledges that it has satisfied itself as to the nature of the City’s service requirements and specifications, the location and essential characteristics of the work sites, the quality and quantity of materials, equipment, labor and facilities necessary to perform the services, and any other condition or state of fact which could
in any way affect performance of the Contractor’s obligations under the contract. The Contractor hereby releases and holds the City harmless from and against any liability or claim for damages of any kind or nature if the actual site or service conditions differ from expected conditions. The contractor shall, at all times, exercise reasonable precautions for the safety of their employees,
City Staff, participants and others on or near the City’s facilities. 10. WORKFORCE A. The Contractor shall employ only orderly and competent workers, skilled in the performance of the services which they will perform under the Contract.
B. The Contractor, its employees, subcontractors, and subcontractor's employees may not while engaged in participating or responding to a solicitation or while in the course and scope of delivering goods or services under a City of Denton contract or on the City's property . i. use or possess a firearm, including a concealed handgun that is licensed under state law, except as required by the terms of the contract; or
ii. use or possess alcoholic or other intoxicating beverages, illegal drugs or controlled substances, nor may such workers be intoxicated, or under the influence of alcohol or drugs, on the job. C. If the City or the City's representative notifies the Contractor that any worker is incompetent, disorderly or disobedient, has knowingly or repeatedly violated safety regulations, has possessed
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any firearms, or has possessed or was under the influence of alcohol or drugs on the job, the Contractor shall immediately remove such worker from Contract services, and may not employ
such worker again on Contract services without the City's prior written consent. Immigration: The Contractor represents and warrants that it shall comply with the requirements of the Immigration Reform and Control Act of 1986 and 1990 regarding employment verification and retention of verification forms for any individuals hired on or after November 6, 1986, who will perform any labor or services under the Contract and the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (“IIRIRA) enacted on September 30, 1996.
11. COMPLIANCE WITH HEALTH, SAFETY, AND ENVIRONMENTAL REGULATIONS: The Contractor, it’s Subcontractors, and their respective employees, shall comply fully with all applicable federal, state, and local health, safety, and environmental laws,
ordinances, rules and regulations in the performance of the services, including but not limited to
those promulgated by the City and by the Occupational Safety and Health Administration (OSHA). In case of conflict, the most stringent safety requirement shall govern. The Contractor shall indemnify and hold the City harmless from and against all claims, demands, suits, actions, judgments, fines, penalties and liability of every kind arising from the breach of the Contractor’s obligations under this paragraph.
Environmental Protection: The Respondent shall be in compliance with all applicable standards, orders, or regulations issued pursuant to the mandates of the Clean Air Act (42 U.S.C. §7401 et
seq.) and the Federal Water Pollution Control Act, as amended, (33 U.S.C. §1251 et seq.).
12. INVOICES: A. The Contractor shall submit separate invoices in duplicate on each purchase order or purchase release after each delivery. If partial shipments or deliveries are authorized by the City, a separate invoice must be sent for each shipment or delivery made. B. Proper Invoices must include a unique invoice number, the purchase order or delivery order number and the master agreement number if applicable, the Department’s Name, and the name of the point of contact for the Department. Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading and the freight waybill, when applicable, shall be attached to the invoice. The Contractor’s name, remittance address and, if applicable, the tax identification number on the invoice must exactly match the
information in the Vendor’s registration with the City. Unless otherwise instructed in writing, the City may rely on the remittance address specified on the Contractor’s invoice. C. Invoices for labor shall include a copy of all time-sheets with trade labor rate and deliverables order number clearly identified. Invoices shall also include a tabulation of work-hours at the appropriate rates and grouped by work order number. Time billed for labor shall be limited to
hours actually worked at the work site. D. Unless otherwise expressly authorized in the Contract, the Contractor shall pass through all Subcontract and other authorized expenses at actual cost without markup. E. Federal excise taxes, State taxes, or City sales taxes must not be included in the invoiced amount.
The City will furnish a tax exemption certificate upon request. 13. PAYMENT: A. All proper invoices need to be sent to Accounts Payable. Approved invoices will be paid within thirty (30) calendar days of the City’s receipt of the deliverables or of the invoice being received
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Contract # 7546
in Accounts Payable, whichever is later. B. If payment is not timely made, (per paragraph A); interest shall accrue on the unpaid
balance at the lesser of the rate specified in Texas Government Code Section 2251.025 or the maximum lawful rate; except, if payment is not timely made for a reason for which the City may withhold payment hereunder, interest shall not accrue until ten (10) calendar days after the grounds for withholding payment have been resolved. C. If partial shipments or deliveries are authorized by the City, the Contractor will be paid for the
partial shipment or delivery, as stated above, provided that the invoice matches the shipment or
delivery. D. The City may withhold or set off the entire payment or part of any payment otherwise due the Contractor to such extent as may be necessary on account of: i. delivery of defective or non-conforming deliverables by the Contractor;
ii. third party claims, which are not covered by the insurance which the Contractor is
required to provide, are filed or reasonable evidence indicating probable filing of such claims; iii. failure of the Contractor to pay Subcontractors, or for labor, materials or equipment; iv. damage to the property of the City or the City’s agents, employees or contractors, which is not covered by insurance required to be provided by the Contractor;
v. reasonable evidence that the Contractor’s obligations will not be completed within the time specified in the Contract, and that the unpaid balance would not be adequate to cover actual or damages for the anticipated delay; vi. failure of the Contractor to submit proper invoices with purchase order number, with all required attachments and supporting documentation; or
vii. failure of the Contractor to comply with any material provision of the Contract Documents. E. Notice is hereby given that any awarded firm who is in arrears to the City of Denton for delinquent taxes, the City may offset indebtedness owed the City through payment withholding. F. Payment will be made by check unless the parties mutually agree to payment by credit card or
electronic transfer of funds. The Contractor agrees that there shall be no additional charges, surcharges, or penalties to the City for payments made by credit card or electronic funds transfer. G. The awarding or continuation of this contract is dependent upon the availability of funding. The City’s payment obligations are payable only and solely from funds Appropriated and available for this contract. The absence of Appropriated or other lawfully available funds shall render the
Contract null and void to the extent funds are not Appropriated or available and any deliverables delivered but unpaid shall be returned to the Contractor. The City shall provide the Contractor written notice of the failure of the City to make an adequate Appropriation for any fiscal year to pay the amounts due under the Contract, or the reduction of any Appropriation to an amount insufficient to permit the City to pay its obligations under the Contract. In the event of none or
inadequate appropriation of funds, there will be no penalty nor removal fees charged to the City. 14. TRAVEL EXPENSES: All travel, lodging and per diem expenses in connection with the Contract shall be paid by the Contractor, unless otherwise stated in the contract terms. During the term of this contract, the contractor shall bill and the City shall reimburse contractor for all
reasonable and approved out of pocket expenses which are incurred in the connection with the performance of duties hereunder. Notwithstanding the foregoing, expenses for the time spent by the contractor in traveling to and from City facilities shall not be reimbursed, unless otherwise negotiated.
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15. FINAL PAYMENT AND CLOSE-OUT: A. If a DBE/MBE/WBE Program Plan is agreed to and the Contractor has identified
Subcontractors, the Contractor is required to submit a Contract Close-Out MBE/WBE Compliance
Report to the Purchasing Manager no later than the 15th calendar day after completion of all work under the contract. Final payment, retainage, or both may be withheld if the Contractor is not in compliance with the requirements as accepted by the City. B. The making and acceptance of final payment will constitute:
i. a waiver of all claims by the City against the Contractor, except claims (1) which have
been previously asserted in writing and not yet settled, (2) arising from defective work appearing after final inspection, (3) arising from failure of the Contractor to comply with the Contract or the terms of any warranty specified herein, (4) arising from the Contractor’s continuing obligations under the Contract, including but not limited to indemnity and warranty obligations, or (5) arising
under the City’s right to audit; and ii. a waiver of all claims by the Contractor against the City
other than those previously asserted in writing and not yet settled. 16. SPECIAL TOOLS & TEST EQUIPMENT: If the price stated on the Offer includes the cost of any special tooling or special test equipment fabricated or required by the Contractor for the purpose of filling this order, such special tooling equipment and any process sheets related thereto
shall become the property of the City and shall be identified by the Contractor as such. 17. RIGHT TO AUDIT: A. The City shall have the right to audit and make copies of the books, records and computations pertaining to the Contract. The Contractor shall retain such books, records, documents and other
evidence pertaining to the Contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within ten (10) business days of written request. Further, the Contractor shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and
other evidence pertaining to the Contract, and to allow the City similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Denton. The cost of the audit will be borne by the City unless the audit reveals an overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by the Contractor which must be payable within five (5) business days of
receipt of an invoice. B. Failure to comply with the provisions of this section shall be a material breach of the Contract and shall constitute, in the City’s sole discretion, grounds for termination thereof. Each of the terms “books”, “records”, “documents” and “other evidence”, as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to
generate or prepare a final printed document. 18. SUBCONTRACTORS: A. If the Contractor identified Subcontractors in a DBE/MBE/WBE agreed to Plan, the Contractor shall comply with all requirements approved by the City. The Contractor shall not initially employ
any Subcontractor except as provided in the Contractor’s Plan. The Contractor shall not substitute any Subcontractor identified in the Plan, unless the substitute has been accepted by the City in writing. No acceptance by the City of any Subcontractor shall constitute a waiver of any rights or remedies of the City with respect to defective deliverables provided by a Subcontractor. If a Plan has been approved, the Contractor is additionally required to submit a monthly Subcontract
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Awards and Expenditures Report to the Procurement Manager, no later than the tenth calendar day of each month.
B. Work performed for the Contractor by a Subcontractor shall be pursuant to a written contract
between the Contractor and Subcontractor. The terms of the subcontract may not conflict with the terms of the Contract, and shall contain provisions that: i. require that all deliverables to be provided by the Subcontractor be provided in strict
accordance with the provisions, specifications and terms of the Contract;
ii. prohibit the Subcontractor from further subcontracting any portion of the Contract without the prior written consent of the City and the Contractor. The City may require, as a condition to such further subcontracting, that the Subcontractor post a payment bond in form, substance and amount acceptable to the City;
iii. require Subcontractors to submit all invoices and applications for payments, including
any claims for additional payments, damages or otherwise, to the Contractor in sufficient time to enable the Contractor to include same with its invoice or application for payment to the City in accordance with the terms of the Contract; iv. require that all Subcontractors obtain and maintain, throughout the term of their contract, insurance in the type and amounts specified for the Contractor, with the City
being a named insured as its interest shall appear; and v. require that the Subcontractor indemnify and hold the City harmless to the same extent as the Contractor is required to indemnify the City. C. The Contractor shall be fully responsible to the City for all acts and omissions of the Subcontractors just as the Contractor is responsible for the Contractor's own acts and omissions.
Nothing in the Contract shall create for the benefit of any such Subcontractor any contractual relationship between the City and any such Subcontractor, nor shall it create any obligation on the part of the City to pay or to see to the payment of any moneys due any such Subcontractor except as may otherwise be required by law. D. The Contractor shall pay each Subcontractor its appropriate share of payments made to the
Contractor not later than ten (10) calendar days after receipt of payment from the City. 19. WARRANTY-PRICE: A. The Contractor warrants the prices quoted in the Offer are no higher than the Contractor's current prices on orders by others for like deliverables under similar terms of purchase.
B. The Contractor certifies that the prices in the Offer have been arrived at independently without consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such fees with any other firm or with any competitor. C. In addition to any other remedy available, the City may deduct from any amounts owed to the Contractor, or otherwise recover, any amounts paid for items in excess of the Contractor's current
prices on orders by others for like deliverables under similar terms of purchase. 20. WARRANTY – TITLE: The Contractor warrants that it has good and indefeasible title to all deliverables furnished under the Contract, and that the deliverables are free and clear of all liens, claims, security interests and encumbrances. The Contractor shall indemnify and hold the City
harmless from and against all adverse title claims to the deliverables. 21. WARRANTY – DELIVERABLES: The Contractor warrants and represents that all deliverables sold the City under the Contract shall be free from defects in design, workmanship or manufacture, and conform in all material respects to the specifications, drawings, and descriptions in the Solicitation, to any samples furnished by the Contractor, to the terms, covenants and
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conditions of the Contract, and to all applicable State, Federal or local laws, rules, and regulations, and industry codes and standards. Unless otherwise stated in the Solicitation, the deliverables shall
be new or recycled merchandise, and not used or reconditioned.
A. Recycled deliverables shall be clearly identified as such. B. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty implied by law; and any attempt to do so shall be without force or effect. C. Unless otherwise specified in the Contract, the warranty period shall be at least one year from
the date of acceptance of the deliverables or from the date of acceptance of any replacement
deliverables. If during the warranty period, one or more of the above warranties are breached, the Contractor shall promptly upon receipt of demand either repair the non-conforming deliverables, or replace the non-conforming deliverables with fully conforming deliverables, at the City’s option and at no additional cost to the City. All costs incidental to such repair or replacement, including
but not limited to, any packaging and shipping costs shall be borne exclusively by the Contractor.
The City shall endeavor to give the Contractor written notice of the breach of warranty within thirty (30) calendar days of discovery of the breach of warranty, but failure to give timely notice shall not impair the City’s rights under this section. D. If the Contractor is unable or unwilling to repair or replace defective or non-conforming deliverables as required by the City, then in addition to any other available remedy, the City may
reduce the quantity of deliverables it may be required to purchase under the Contract from the Contractor, and purchase conforming deliverables from other sources. In such event, the Contractor shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such deliverables from another source. E. If the Contractor is not the manufacturer, and the deliverables are covered by a separate
manufacturer’s warranty, the Contractor shall transfer and assign such manufacturer’s warranty to the City. If for any reason the manufacturer’s warranty cannot be fully transferred to the City, the Contractor shall assist and cooperate with the City to the fullest extent to enforce such manufacturer’s warranty for the benefit of the City.
22. WARRANTY – SERVICES: The Contractor warrants and represents that all services to be provided the City under the Contract will be fully and timely performed in a good and workmanlike manner in accordance with generally accepted industry standards and practices, the terms, conditions, and covenants of the Contract, and all applicable Federal, State and local laws, rules or regulations.
A. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty implied by law, and any attempt to do so shall be without force or effect. B. Unless otherwise specified in the Contract, the warranty period shall be at least one year from the Acceptance Date. If during the warranty period, one or more of the above warranties are breached, the Contractor shall promptly upon receipt of demand perform the services again in
accordance with above standard at no additional cost to the City. All costs incidental to such additional performance shall be borne by the Contractor. The City shall endeavor to give the Contractor written notice of the breach of warranty within thirty (30) calendar days of discovery of the breach warranty, but failure to give timely notice shall not impair the City’s rights under this section.
C. If the Contractor is unable or unwilling to perform its services in accordance with the above standard as required by the City, then in addition to any other available remedy, the City may reduce the amount of services it may be required to purchase under the Contract from the Contractor, and purchase conforming services from other sources. In such event, the Contractor shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such
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services from another source.
23. ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING DELIVERABLES: If, instead of requiring immediate correction or removal and replacement of defective or non-conforming deliverables, the City prefers to accept it, the City may do so. The Contractor shall pay
all claims, costs, losses and damages attributable to the City’s evaluation of and determination to accept such defective or non-conforming deliverables. If any such acceptance occurs prior to final payment, the City may deduct such amounts as are necessary to compensate the City for the diminished value of the defective or non-conforming deliverables. If the acceptance occurs after final payment, such amount will be refunded to the City by the Contractor.
24. RIGHT TO ASSURANCE: Whenever one party to the Contract in good faith has reason to
question the other party’s intent to perform, demand may be made to the other party for written assurance of the intent to perform. In the event that no assurance is given within the time specified after demand is made, the demanding party may treat this failure as an anticipatory repudiation of the Contract.
25. STOP WORK NOTICE: The City may issue an immediate Stop Work Notice in the event the Contractor is observed performing in a manner that is in violation of Federal, State, or local
guidelines, or in a manner that is determined by the City to be unsafe to either life or property. Upon notification, the Contractor will cease all work until notified by the City that the violation or unsafe condition has been corrected. The Contractor shall be liable for all costs incurred by the City as a result of the issuance of such Stop Work Notice. 26. DEFAULT: The Contractor shall be in default under the Contract if the Contractor (a) fails to
fully, timely and faithfully perform any of its material obligations under the Contract, (b) fails to
provide adequate assurance of performance under Paragraph 24, (c) becomes insolvent or seeks relief under the bankruptcy laws of the United States or (d) makes a material misrepresentation in Contractor’s Offer, or in any report or deliverable required to be submitted by the Contractor to the City.
27. TERMINATION FOR CAUSE: In the event of a default by the Contractor, the City shall
have the right to terminate the Contract for cause, by written notice effective ten (10) calendar
days, unless otherwise specified, after the date of such notice, unless the Contractor, within such ten (10) day period, cures such default, or provides evidence sufficient to prove to the City’s reasonable satisfaction that such default does not, in fact, exist. In addition to any other remedy available under law or in equity, the City shall be entitled to recover all actual damages, costs,
losses and expenses, incurred by the City as a result of the Contractor’s default, including, without
limitation, cost of cover, reasonable attorneys’ fees, court costs, and prejudgment and post-judgment interest at the maximum lawful rate. Additionally, in the event of a default by the Contractor, the City may remove the Contractor from the City’s vendor list for three (3) years and any Offer submitted by the Contractor may be disqualified for up to three (3) years. All rights and remedies under the Contract are cumulative and are not exclusive of any other right or remedy provided by law. 28. TERMINATION WITHOUT CAUSE: The City shall have the right to terminate the Contract, in whole or in part, without cause any time upon thirty (30) calendar days’ prior written
notice. Upon receipt of a notice of termination, the Contractor shall promptly cease all further work
pursuant to the Contract, with such exceptions, if any, specified in the notice of termination. The City shall pay the Contractor, to the extent of funds Appropriated or otherwise legally available for such purposes, for all goods delivered and services performed and obligations incurred prior to
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the date of termination in accordance with the terms hereof.
29. FRAUD: Fraudulent statements by the Contractor on any Offer or in any report or deliverable
required to be submitted by the Contractor to the City shall be grounds for the termination of the Contract for cause by the City and may result in legal action. 30. DELAYS:
A. The City may delay scheduled delivery or other due dates by written notice to the Contractor if
the City deems it is in its best interest. If such delay causes an increase in the cost of the work under the Contract, the City and the Contractor shall negotiate an equitable adjustment for costs incurred by the Contractor in the Contract price and execute an amendment to the Contract. The Contractor must assert its right to an adjustment within thirty (30) calendar days from the date of
receipt of the notice of delay. Failure to agree on any adjusted price shall be handled under the
Dispute Resolution process specified in paragraph 49. However, nothing in this provision shall excuse the Contractor from delaying the delivery as notified. B. Neither party shall be liable for any default or delay in the performance of its obligations under this Contract if, while and to the extent such default or delay is caused by acts of God, fire, riots, civil commotion, labor disruptions, sabotage, sovereign conduct, or any other cause beyond the
reasonable control of such Party. In the event of default or delay in contract performance due to any of the foregoing causes, then the time for completion of the services will be extended; provided, however, in such an event, a conference will be held within three (3) business days to establish a mutually agreeable period of time reasonably necessary to overcome the effect of such failure to perform.
31. INDEMNITY: A. Definitions: i. "Indemnified Claims" shall include any and all claims, demands, suits, causes of action, judgments and liability of every character, type or description, including all reasonable
costs and expenses of litigation, mediation or other alternate dispute resolution mechanism, including attorney and other professional fees for: (1) damage to or loss of the property of any person (including, but not limited to the City, the Contractor, their respective agents, officers, employees and subcontractors; the officers, agents, and employees of such subcontractors; and third parties); and/or (2) death, bodily injury, illness, disease, worker's
compensation, loss of services, or loss of income or wages to any person (including but not limited to the agents, officers and employees of the City, the Contractor, the Contractor’s subcontractors, and third parties), ii. "Fault" shall include the sale of defective or non-conforming deliverables, negligence, willful misconduct or a breach of any legally imposed strict liability standard.
B. THE CONTRACTOR SHALL DEFEND (AT THE OPTION OF THE CITY), INDEMNIFY, AND HOLD THE CITY, ITS SUCCESSORS, ASSIGNS, OFFICERS, EMPLOYEES AND ELECTED OFFICIALS HARMLESS FROM AND AGAINST ALL INDEMNIFIED CLAIMS DIRECTLY ARISING OUT OF, INCIDENT TO, CONCERNING OR RESULTING FROM THE FAULT OF THE CONTRACTOR, OR THE CONTRACTOR'S AGENTS, EMPLOYEES OR SUBCONTRACTORS, IN THE PERFORMANCE OF THE CONTRACTOR’S OBLIGATIONS UNDER THE CONTRACT. NOTHING HEREIN SHALL BE DEEMED TO LIMIT THE RIGHTS OF THE CITY OR THE CONTRACTOR (INCLUDING, BUT NOT LIMITED TO, THE
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RIGHT TO SEEK CONTRIBUTION) AGAINST ANY THIRD PARTY WHO MAY BE LIABLE FOR AN INDEMNIFIED CLAIM.
32. INSURANCE: The following insurance requirements are applicable, in addition to the specific insurance requirements detailed in Appendix A for services only. The successful firm shall procure and maintain insurance of the types and in the minimum amounts acceptable to the City of Denton. The insurance shall be written by a company licensed to do business in the State of Texas and
satisfactory to the City of Denton.
A. General Requirements: i. The Contractor shall at a minimum carry insurance in the types and amounts indicated and agreed to, as submitted to the City and approved by the City within the procurement process, for the duration of the Contract, including extension options and hold over periods,
and during any warranty period.
ii. The Contractor shall provide Certificates of Insurance with the coverage’s and endorsements required to the City as verification of coverage prior to contract execution and within fourteen (14) calendar days after written request from the City. Failure to provide the required Certificate of Insurance may subject the Offer to disqualification from consideration for award. The Contractor must also forward a Certificate of Insurance to the
City whenever a previously identified policy period has expired, or an extension option or hold over period is exercised, as verification of continuing coverage. iii. The Contractor shall not commence work until the required insurance is obtained and until such insurance has been reviewed by the City. Approval of insurance by the City shall not relieve or decrease the liability of the Contractor hereunder and shall not be construed
to be a limitation of liability on the part of the Contractor. iv. The Contractor must submit certificates of insurance to the City for all subcontractors prior to the subcontractors commencing work on the project. v. The Contractor’s and all subcontractors’ insurance coverage shall be written by companies licensed to do business in the State of Texas at the time the policies are issued
and shall be written by companies with A.M. Best ratings of A- VII or better. The City will accept workers’ compensation coverage written by the Texas Workers’ Compensation Insurance Fund. vi. All endorsements naming the City as additional insured, waivers, and notices of cancellation endorsements as well as the Certificate of Insurance shall contain the
solicitation number and the following information: City of Denton Materials Management Department 901B Texas Street Denton, Texas 76209
vii. The “other” insurance clause shall not apply to the City where the City is an additional insured shown on any policy. It is intended that policies required in the Contract, covering both the City and the Contractor, shall be considered primary coverage as applicable. viii. If insurance policies are not written for amounts agreed to with the City, the Contractor shall carry Umbrella or Excess Liability Insurance for any differences in amounts specified.
If Excess Liability Insurance is provided, it shall follow the form of the primary coverage. ix. The City shall be entitled, upon request, at an agreed upon location, and without expense, to review certified copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modification of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law
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or regulations binding upon either of the parties hereto or the underwriter on any such policies.
x. The City reserves the right to review the insurance requirements set forth during the
effective period of the Contract and to make reasonable adjustments to insurance coverage, limits, and exclusions when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, the claims history of the industry or financial condition of the insurance company as well as the Contractor.
xi. The Contractor shall not cause any insurance to be canceled nor permit any insurance
to lapse during the term of the Contract or as required in the Contract. xii. The Contractor shall be responsible for premiums, deductibles and self-insured retentions, if any, stated in policies. All deductibles or self-insured retentions shall be disclosed on the Certificate of Insurance.
xiii. The Contractor shall endeavor to provide the City thirty (30) calendar days’ written
notice of erosion of the aggregate limits below occurrence limits for all applicable coverage’s indicated within the Contract. xiv. The insurance coverage’s specified in within the solicitation and requirements are required minimums and are not intended to limit the responsibility or liability of the Contractor.
B. Specific Coverage Requirements: Specific insurance requirements are contained in the solicitation instrument. 33. CLAIMS: If any claim, demand, suit, or other action is asserted against the Contractor which arises under or concerns the Contract, or which could have a material adverse effect on the
Contractor’s ability to perform thereunder, the Contractor shall give written notice thereof to the City within ten (10) calendar days after receipt of notice by the Contractor. Such notice to the City shall state the date of notification of any such claim, demand, suit, or other action; the names and addresses of the claimant(s); the basis thereof; and the name of each person against whom such claim is being asserted. Such notice shall be delivered personally or by mail and shall be sent to
the City and to the Denton City Attorney. Personal delivery to the City Attorney shall be to City Hall, 215 East McKinney Street, Denton, Texas 76201. 34. NOTICES: Unless otherwise specified, all notices, requests, or other communications required or appropriate to be given under the Contract shall be in writing and shall be deemed delivered
three (3) business days after postmarked if sent by U.S. Postal Service Certified or Registered Mail, Return Receipt Requested. Notices delivered by other means shall be deemed delivered upon receipt by the addressee. Routine communications may be made by first class mail, telefax, or other commercially accepted means. Notices to the Contractor shall be sent to the address specified in the Contractor’s Offer, or at such other address as a party may notify the other in writing. Notices
to the City shall be addressed to the City at 901B Texas Street, Denton, Texas 76209 and marked to the attention of the Purchasing Manager. 35. RIGHTS TO BID, PROPOSAL AND CONTRACTUAL MATERIAL: All material submitted by the Contractor to the City shall become property of the City upon receipt. Any portions of such material claimed by the Contractor to be proprietary must be clearly marked as such. Determination of the public nature of the material is subject to the Texas Public Information Act, Chapter 552, and Texas Government Code.
36. NO WARRANTY BY CITY AGAINST INFRINGEMENTS: The Contractor represents
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and warrants to the City that: (i) the Contractor shall provide the City good and indefeasible title to the deliverables and (ii) the deliverables supplied by the Contractor in accordance with the
specifications in the Contract will not infringe, directly or contributorily, any patent, trademark,
copyright, trade secret, or any other intellectual property right of any kind of any third party; that no claims have been made by any person or entity with respect to the ownership or operation of the deliverables and the Contractor does not know of any valid basis for any such claims. The Contractor shall, at its sole expense, defend, indemnify, and hold the City harmless from and
against all liability, damages, and costs (including court costs and reasonable fees of attorneys and
other professionals) arising out of or resulting from: (i) any claim that the City’s exercise anywhere in the world of the rights associated with the City’s’ ownership, and if applicable, license rights, and its use of the deliverables infringes the intellectual property rights of any third party; or (ii) the Contractor’s breach of any of Contractor’s representations or warranties stated in this Contract.
In the event of any such claim, the City shall have the right to monitor such claim or at its option
engage its own separate counsel to act as co-counsel on the City’s behalf. Further, Contractor agrees that the City’s specifications regarding the deliverables shall in no way diminish Contractor’s warranties or obligations under this paragraph and the City makes no warranty that the production, development, or delivery of such deliverables will not impact such warranties of Contractor.
37. CONFIDENTIALITY: In order to provide the deliverables to the City, Contractor may require access to certain of the City’s and/or its licensors’ confidential information (including
inventions, employee information, trade secrets, confidential know-how, confidential business
information, and other information which the City or its licensors consider confidential) (collectively, “Confidential Information”). Contractor acknowledges and agrees that the Confidential Information is the valuable property of the City and/or its licensors and any unauthorized use, disclosure, dissemination, or other release of the Confidential Information will
substantially injure the City and/or its licensors. The Contractor (including its employees,
subcontractors, agents, or representatives) agrees that it will maintain the Confidential Information in strict confidence and shall not disclose, disseminate, copy, divulge, recreate, or otherwise use the Confidential Information without the prior written consent of the City or in a manner not expressly permitted under this Agreement, unless the Confidential Information is required to be
disclosed by law or an order of any court or other governmental authority with proper jurisdiction,
provided the Contractor promptly notifies the City before disclosing such information so as to permit the City reasonable time to seek an appropriate protective order. The Contractor agrees to use protective measures no less stringent than the Contractor uses within its own business to protect its own most valuable information, which protective measures shall under all circumstances be at
least reasonable measures to ensure the continued confidentiality of the Confidential Information. 38. OWNERSHIP AND USE OF DELIVERABLES: The City shall own all rights, titles, and interests throughout the world in and to the deliverables. A. Patents. As to any patentable subject matter contained in the deliverables, the Contractor agrees
to disclose such patentable subject matter to the City. Further, if requested by the City, the Contractor agrees to assign and, if necessary, cause each of its employees to assign the entire right, title, and interest to specific inventions under such patentable subject matter to the City and to execute, acknowledge, and deliver and, if necessary, cause each of its employees to execute, acknowledge, and deliver an assignment of letters patent, in a form to be reasonably approved by
the City, to the City upon request by the City. B. Copyrights. As to any deliverables containing copyrightable subject matter, the Contractor
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agrees that upon their creation, such deliverables shall be considered as work made-for-hire by the Contractor for the City and the City shall own all copyrights in and to such deliverables, provided
however, that nothing in this Paragraph 38 shall negate the City’s sole or joint ownership of any
such deliverables arising by virtue of the City’s sole or joint authorship of such deliverables. Should by operation of law, such deliverables not be considered works made-for-hire, the Contractor hereby assigns to the City (and agrees to cause each of its employees providing services to the City hereunder to execute, acknowledge, and deliver an assignment to the City of) all
worldwide right, title, and interest in and to such deliverables. With respect to such work made-
for-hire, the Contractor agrees to execute, acknowledge, and deliver and cause each of its employees providing services to the City hereunder to execute, acknowledge, and deliver a work-made-for-hire agreement, in a form to be reasonably approved by the City, to the City upon delivery of such deliverables to the City or at such other time as the City may request.
C. Additional Assignments. The Contractor further agrees to, and if applicable, cause each of its
employees to, execute, acknowledge, and deliver all applications, specifications, oaths, assignments, and all other instruments which the City might reasonably deem necessary in order to apply for and obtain copyright protection, mask work registration, trademark registration and/or protection, letters patent, or any similar rights in any and all countries and in order to assign and convey to the City, its successors, assigns and nominees, the sole and exclusive right, title, and
interest in and to the deliverables. The Contractor’s obligations to execute, acknowledge, and deliver (or cause to be executed, acknowledged, and delivered) instruments or papers such as those described in this Paragraph 38 a., b., and c. shall continue after the termination of this Contract with respect to such deliverables. In the event the City should not seek to obtain copyright protection, mask work registration or patent protection for any of the deliverables, but should
desire to keep the same secret, the Contractor agrees to treat the same as Confidential Information under the terms of Paragraph 37 above. 39. PUBLICATIONS: All published material and written reports submitted under the Contract must be originally developed material unless otherwise specifically provided in the Contract.
When material not originally developed is included in a report in any form, the source shall be identified. 40. ADVERTISING: The Contractor shall not advertise or publish, without the City’s prior consent, the fact that the City has entered into the Contract, except to the extent required by law.
41. NO CONTINGENT FEES: The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure the Contract upon any agreement or understanding for commission, percentage, brokerage, or contingent fee, excepting bona fide employees of bona
fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty, the City shall have the right, in addition to any other remedy available, to cancel the Contract without liability and to deduct from any amounts owed to the Contractor, or otherwise recover, the full amount of such commission, percentage, brokerage or contingent fee.
42. GRATUITIES: The City may, by written notice to the Contractor, cancel the Contract without liability if it is determined by the City that gratuities were offered or given by the Contractor or any agent or representative of the Contractor to any officer or employee of the City of Denton with a view toward securing the Contract or securing favorable treatment with respect to the awarding
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or amending or the making of any determinations with respect to the performing of such contract. In the event the Contract is canceled by the City pursuant to this provision, the City shall be
entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost
incurred by the Contractor in providing such gratuities. 43. PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS: No officer, employee, independent consultant, or elected official of the City who is involved in the
development, evaluation, or decision-making process of the performance of any solicitation shall
have a financial interest, direct or indirect, in the Contract resulting from that solicitation 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. 44. INDEPENDENT CONTRACTOR: The Contract shall not be construed as creating an employer/employee relationship, a partnership, or a joint venture. The Contractor’s services shall
be those of an independent contractor. The Contractor agrees and understands that the Contract does not grant any rights or privileges established for employees of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker’s compensation, or any other City employee benefit. The City shall not have supervision and control of the Contractor or any employee of the Contractor, and it is expressly understood that
Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. The contractor is expressly free to advertise and perform services for other parties while performing services for the City.
45. ASSIGNMENT-DELEGATION: The Contract shall be binding upon and ensure to the benefit of the City and the Contractor and their respective successors and assigns, provided however, that no right or interest in the Contract shall be assigned and no obligation shall be delegated by the Contractor without the prior written consent of the City. Any attempted assignment or delegation by the Contractor shall be void unless made in conformity with this
paragraph. The Contract is not intended to confer rights or benefits on any person, firm or entity not a party hereto; it being the intention of the parties that there are no third party beneficiaries to the Contract. The Vendor shall notify the City’s Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The
president of the company or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director’s resolution approving the action, or an executed merger or acquisition agreement. Failure to do so may adversely impact future invoice
payments. 46. WAIVER: No claim or right arising out of a breach of the Contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. No waiver by either
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the Contractor or the City of any one or more events of default by the other party shall operate as, or be construed to be, a permanent waiver of any rights or obligations under the Contract, or an
express or implied acceptance of any other existing or future default or defaults, whether of a
similar or different character. 47. MODIFICATIONS: The Contract can be modified or amended only by a writing signed by both parties. No pre-printed or similar terms on any the Contractor invoice, order or other
document shall have any force or effect to change the terms, covenants, and conditions of the
Contract. 48. INTERPRETATION: The Contract is intended by the parties as a final, complete and exclusive statement of the terms of their agreement. No course of prior dealing between the parties
or course of performance or usage of the trade shall be relevant to supplement or explain any term
used in the Contract. Although the Contract may have been substantially drafted by one party, it is the intent of the parties that all provisions be construed in a manner to be fair to both parties, reading no provisions more strictly against one party or the other. Whenever a term defined by the Uniform Commercial Code, as enacted by the State of Texas, is used in the Contract, the UCC definition shall control, unless otherwise defined in the Contract.
49. DISPUTE RESOLUTION: A. If a dispute arises out of or relates to the Contract, or the breach thereof, the parties agree to negotiate prior to prosecuting a suit for damages. However, this section does not prohibit the filing of a lawsuit to toll the running of a statute of limitations or to seek injunctive relief. Either party
may make a written request for a meeting between representatives of each party within fourteen (14) calendar days after receipt of the request or such later period as agreed by the parties. Each party shall include, at a minimum, one (1) senior level individual with decision-making authority regarding the dispute. The purpose of this and any subsequent meeting is to attempt in good faith to negotiate a resolution of the dispute. If, within thirty (30) calendar days after such meeting, the
parties have not succeeded in negotiating a resolution of the dispute, they will proceed directly to mediation as described below. Negotiation may be waived by a written agreement signed by both parties, in which event the parties may proceed directly to mediation as described below. B. If the efforts to resolve the dispute through negotiation fail, or the parties waive the negotiation process, the parties may select, within thirty (30) calendar days, a mediator trained in mediation
skills to assist with resolution of the dispute. Should they choose this option; the City and the Contractor agree to act in good faith in the selection of the mediator and to give consideration to qualified individuals nominated to act as mediator. Nothing in the Contract prevents the parties from relying on the skills of a person who is trained in the subject matter of the dispute or a contract interpretation expert. If the parties fail to agree on a mediator within thirty (30) calendar days of
initiation of the mediation process, the mediator shall be selected by the Denton County Alternative Dispute Resolution Program (DCAP). The parties agree to participate in mediation in good faith for up to thirty (30) calendar days from the date of the first mediation session. The City and the Contractor will share the mediator’s fees equally and the parties will bear their own costs of participation such as fees for any consultants or attorneys they may utilize to represent them or
otherwise assist them in the mediation. 50. JURISDICTION AND VENUE: The Contract is made under and shall be governed by the laws of the State of Texas, including, when applicable, the Uniform Commercial Code as adopted in Texas, V.T.C.A., Bus. & Comm. Code, Chapter 1, excluding any rule or principle that would
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refer to and apply the substantive law of another state or jurisdiction. All issues arising from this Contract shall be resolved in the courts of Denton County, Texas and the parties agree to submit
to the exclusive personal jurisdiction of such courts. The foregoing, however, shall not be
construed or interpreted to limit or restrict the right or ability of the City to seek and secure injunctive relief from any competent authority as contemplated herein.
51. INVALIDITY: The invalidity, illegality, or unenforceability of any provision of the Contract shall in no way affect the validity or enforceability of any other portion or provision of the Contract. Any void provision shall be deemed severed from the Contract and the balance of the Contract shall be construed and enforced as if the Contract did not contain the particular portion
or provision held to be void. The parties further agree to reform the Contract to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent this entire Contract from being void should a provision which is the essence of the Contract be determined to be void. 52. HOLIDAYS: The following holidays are observed by the City:
New Year’s Day (observed)
MLK Day Memorial Day 4th of July Labor Day
Thanksgiving Day
Day After Thanksgiving Christmas Eve (observed) Christmas Day (observed) New Year’s Day (observed)
If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal Holiday falls on Sunday, it will be observed on the following Monday. Normal hours of operation shall be between 8:00 am and 4:00 pm, Monday through Friday, excluding City of Denton Holidays. Any scheduled deliveries or work performance not within the normal hours of operation must be
approved by the City Manager of Denton, Texas or his authorized designee.
53. SURVIVABILITY OF OBLIGATIONS: All provisions of the Contract that impose continuing obligations on the parties, including but not limited to the warranty, indemnity, and confidentiality obligations of the parties, shall survive the expiration or termination of the Contract.
54. NON-SUSPENSION OR DEBARMENT CERTIFICATION: The City of Denton is prohibited from contracting with or making prime or sub-awards to parties that are suspended or debarred or whose principals are suspended or debarred from Federal, State,
or City of Denton Contracts. By accepting a Contract with the City, the Vendor certifies that its
firm and its principals are not currently suspended or debarred from doing business with the Federal Government, as indicated by the General Services Administration List of Parties Excluded from Federal Procurement and Non-Procurement Programs, the State of Texas, or the City of Denton.
55. EQUAL OPPORTUNITY A. Equal Employment Opportunity: No Offeror, or Offeror’s agent, shall engage in any discriminatory employment practice. No person shall, on the grounds of race, sex, sexual
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orientation, age, disability, creed, color, genetic testing, or national origin, be refused the benefits of, or be otherwise subjected to discrimination under any activities resulting from this RFQ.
B. Americans with Disabilities Act (ADA) Compliance: No Offeror, or Offeror’s agent, shall
engage in any discriminatory employment practice against individuals with disabilities as defined in the ADA.
56. BUY AMERICAN ACT-SUPPLIES (Applicable to certain federally funded requirements) The following federally funded requirements are applicable. A. Definitions. As used in this paragraph –
i. "Component" means an article, material, or supply incorporated directly into an end product. ii. "Cost of components" means - (1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or
(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the end product.
iii. "Domestic end product" means-
(1) An unmanufactured end product mined or produced in the United States; or (2) An end product manufactured in the United States, if the cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind as those that the agency
determines are not mined, produced, or manufactured in sufficient and reasonably available
commercial quantities of a satisfactory quality are treated as domestic. Scrap generated, collected, and prepared for processing in the United States is considered domestic. iv. "End product" means those articles, materials, and supplies to be acquired under the contract for public use.
v. "Foreign end product" means an end product other than a domestic end product.
vi. "United States" means the 50 States, the District of Columbia, and outlying areas. B. The Buy American Act (41 U.S.C. 10a - 10d) provides a preference for domestic end products for supplies acquired for use in the United States. C. The City does not maintain a list of foreign articles that will be treated as domestic for this
Contract; but will consider for approval foreign articles as domestic for this product if the articles
are on a list approved by another Governmental Agency. The Offeror shall submit documentation with their Offer demonstrating that the article is on an approved Governmental list. D. The Contractor shall deliver only domestic end products except to the extent that it specified delivery of foreign end products in the provision of the Solicitation entitled "Buy American Act
Certificate".
57. RIGHT TO INFORMATION: The City of Denton reserves the right to use any and all information presented in any response to this contract, whether amended or not, except as prohibited by law. Selection of rejection of the submittal does not affect this right. 58. LICENSE FEES OR TAXES: Provided the solicitation requires an awarded contractor or
supplier to be licensed by the State of Texas, any and all fees and taxes are the responsibility of the respondent.
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59. PREVAILING WAGE RATES: The contractor shall comply with prevailing wage rates as defined by the United States Department of Labor Davis-Bacon Wage Determination at
http://www.dol.gov/whd/contracts/dbra.htm and at the Wage Determinations website www.wdol.gov
for Denton County, Texas (WD-2509). 60. COMPLIANCE WITH ALL STATE, FEDERAL, AND LOCAL LAWS: The contractor or supplier shall comply with all State, Federal, and Local laws and requirements. The Respondent
must comply with all applicable laws at all times, including, without limitation, the following: (i)
§36.02 of the Texas Penal Code, which prohibits bribery; (ii) §36.09 of the Texas Penal Code, which prohibits the offering or conferring of benefits to public servants. The Respondent shall give all notices and comply with all laws and regulations applicable to furnishing and performance of the Contract.
61. FEDERAL, STATE, AND LOCAL REQUIREMENTS: Respondent shall demonstrate on-site compliance with the Federal Tax Reform Act of 1986, Section 1706, amending Section 530 of the Revenue Act of 1978, dealing with issuance of Form W-2's to common law employees. Respondent is responsible for both federal and State unemployment insurance coverage and standard Workers’ Compensation insurance coverage. Respondent shall ensure compliance with
all federal and State tax laws and withholding requirements. The City of Denton shall not be liable to Respondent or its employees for any Unemployment or Workers' Compensation coverage, or federal or State withholding requirements. Contractor shall indemnify the City of Denton and shall pay all costs, penalties, or losses resulting from Respondent's omission or breach of this Section.
62. DRUG FREE WORKPLACE: The contractor shall comply with the applicable provisions of the Drug-Free Work Place Act of 1988 (Public Law 100-690, Title V, Subtitle D; 41 U.S.C. 701 ET SEQ.) and maintain a drug-free work environment; and the final rule, government-wide requirements for drug-free work place (grants), issued by the Office of Management and Budget and the Department of Defense (32 CFR Part 280, Subpart F) to implement the provisions of the
Drug-Free Work Place Act of 1988 is incorporated by reference and the contractor shall comply with the relevant provisions thereof, including any amendments to the final rule that may hereafter be issued. 63. RESPONDENT LIABILITY FOR DAMAGE TO GOVERNMENT PROPERTY: The
Respondent shall be liable for all damages to government-owned, leased, or occupied property and equipment caused by the Respondent and its employees, agents, subcontractors, and suppliers, including any delivery or cartage company, in connection with any performance pursuant to the Contract. The Respondent shall notify the City of Denton Procurement Manager in writing of any such damage within one (1) calendar day.
64. FORCE MAJEURE: The City of Denton, any Customer, and the Respondent shall not be responsible for performance under the Contract should it be prevented from performance by an act of war, order of legal authority, act of God, or other unavoidable cause not attributable to the fault or negligence of the City of Denton. In the event of an occurrence under this Section, the
Respondent will be excused from any further performance or observance of the requirements so affected for as long as such circumstances prevail and the Respondent continues to use commercially reasonable efforts to recommence performance or observance whenever and to whatever extent possible without delay. The Respondent shall immediately notify the City of Denton Procurement Manager by telephone (to be confirmed in writing within five (5) calendar
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days of the inception of such occurrence) and describe at a reasonable level of detail the circumstances causing the non-performance or delay in performance.
65. NON-WAIVER OF RIGHTS: Failure of a Party to require performance by another Party under the Contract will not affect the right of such Party to require performance in the future. No delay, failure, or waiver of either Party’s exercise or partial exercise of any right or remedy under the Contract shall operate to limit, impair, preclude, cancel, waive or otherwise affect such right
or remedy. A waiver by a Party of any breach of any term of the Contract will not be construed as
a waiver of any continuing or succeeding breach. 66. NO WAIVER OF SOVEREIGN IMMUNITY: The Parties expressly agree that no provision of the Contract is in any way intended to constitute a waiver by the City of Denton of any
immunities from suit or from liability that the City of Denton may have by operation of law.
67. RECORDS RETENTION: The Respondent shall retain all financial records, supporting documents, statistical records, and any other records or books relating to the performances called for in the Contract. The Respondent shall retain all such records for a period of four (4) years after the expiration of the Contract, or until the CPA or State Auditor's Office is satisfied that all audit
and litigation matters are resolved, whichever period is longer. The Respondent shall grant access to all books, records and documents pertinent to the Contract to the CPA, the State Auditor of Texas, and any federal governmental entity that has authority to review records due to federal funds being spent under the Contract.
Should a conflict arise between any of the contract documents, it shall be resolved with the following order of precedence (if applicable). In any event, the final negotiated contract shall take precedence over any and all contract documents to the extent of such conflict.
1. Final negotiated contract 2. RFP/Bid documents 3. City’s standard terms and conditions 4. Purchase order 5. Supplier terms and conditions
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Exhibit D
INSURANCE REQUIREMENTS AND
WORKERS’ COMPENSATION REQUIREMENTS
Upon contract execution, all insurance requirements shall become contractual obligations, which
the successful contractor shall have a duty to maintain throughout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Contractor, the Contractor
shall provide and maintain until the contracted work has been completed and accepted by
the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter.
Contractor shall file with the Purchasing Department satisfactory certificates of insurance
including any applicable addendum or endorsements, containing the contract number and
title of the project. Contractor may, upon written request to the Purchasing Department,
ask for clarification of any insurance requirements at any time; however, Contractor shall
not commence any work or deliver any material until he or she receives notification that
the contract has been accepted, approved, and signed by the City of Denton.
All insurance policies proposed or obtained in satisfaction of these requirements shall
comply with the following general specifications, and shall be maintained in compliance
with these general specifications throughout the duration of the Contract, or longer, if so
noted:
• Each policy shall be issued by a company authorized to do business in the State of Texas
with an A.M. Best Company rating of at least A or better.
• Any deductibles or self-insured retentions shall be declared in the proposal. If requested
by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions
with respect to the City, its officials, agents, employees and volunteers; or, the contractor
shall procure a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
• Liability policies shall be endorsed to provide the following:
▪ Name as Additional Insured the City of Denton, its Officials, Agents, Employees
and volunteers.
▪ That such insurance is primary to any other insurance available to the Additional
Insured with respect to claims covered under the policy and that this insurance
applies separately to each insured against whom claim is made or suit is brought.
The inclusion of more than one insured shall not operate to increase the insurer's
limit of liability.
▪ Provide a Waiver of Subrogation in favor of the City of Denton, its officials, agents,
employees, and volunteers.
• Cancellation: City requires 30 day written notice should any of the policies
described on the certificate be cancelled or materially changed before the
expiration date.
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• Should any of the required insurance be provided under a claims made form, Contractor
shall maintain such coverage continuously throughout the term of this contract and,
without lapse, for a period of three years beyond the contract expiration, such that
occurrences arising during the contract term which give rise to claims made after
expiration of the contract shall be covered.
• Should any of the required insurance be provided under a form of coverage that includes
a general annual aggregate limit providing for claims investigation or legal defense costs
to be included in the general annual aggregate limit, the Contractor shall either double the
occurrence limits or obtain Owners and Contractors Protective Liability Insurance.
• Should any required insurance lapse during the contract term, requests for payments
originating after such lapse shall not be processed until the City receives satisfactory
evidence of reinstated coverage as required by this contract, effective as of the lapse date.
If insurance is not reinstated, City may, at its sole option, terminate this agreement
effective on the date of the lapse.
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall
additionally comply with the following marked specifications, and shall be maintained in
compliance with these additional specifications throughout the duration of the Contract,
or longer, if so noted:
[X] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than $2,000,000.00
shall be provided and maintained by the Contractor. The policy shall be written on an
occurrence basis either in a single policy or in a combination of underlying and
umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001 current edition) is used:
• Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual liability covering this
contract and broad form property damage coverage.
• Coverage B shall include personal injury.
• Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition
and ISO Form GL 0404) is used, it shall include at least:
• Bodily injury and Property Damage Liability for premises, operations, products
and completed operations, independent contractors and property damage
resulting from explosion, collapse or underground (XCU) exposures.
• Broad form contractual liability (preferably by endorsement) covering this
contract, personal injury liability and broad form property damage liability.
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[X] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined Single
Limits (CSL) of not less than $500,000 either in a single policy or in a combination of basic
and umbrella or excess policies. The policy will include bodily injury and property damage
liability arising out of the operation, maintenance and use of all automobiles and mobile
equipment used in conjunction with this contract.
Satisfaction of the above requirement shall be in the form of a policy endorsement for:
• any auto, or
• all owned hired and non-owned autos.
[ ] Workers’ Compensation Insurance
Contractor shall purchase and maintain Workers’ Compensation insurance which, in
addition to meeting the minimum statutory requirements for issuance of such insurance,
has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each
employee, and a $500,000 policy limit for occupational disease. The City need not be
named as an "Additional Insured" but the insurer shall agree to waive all rights of
subrogation against the City, its officials, agents, employees and volunteers for any work
performed for the City by the Named Insured. For building or construction projects, the
Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096
of the Texas Labor Code and rule 28TAC 110.110 of the Texas Workers’ Compensation
Commission (TWCC).
[ ] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecution of the
work under this contract, an Owner's and Contractor's Protective Liability insurance policy
naming the City as insured for property damage and bodily injury which may arise in the
prosecution of the work or Contractor's operations under this contract. Coverage shall be
on an “occurrence" basis and the policy shall be issued by the same insurance company
that carries the Contractor's liability insurance. Policy limits will be at least $500,000.00
combined bodily injury and property damage per occurrence with a $1,000,000.00
aggregate.
[ ] Fire Damage Legal Liability Insurance
Coverage is required if Broad form General Liability is not provided or is unavailable to the
contractor or if a contractor leases or rents a portion of a City building. Limits of not less
than each occurrence are required.
[X] Professional Liability Insurance
Professional liability insurance with limits not less than $1,000,000.00 per claim with
respect to negligent acts, errors or omissions in connection with professional services is
required under this Agreement.
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[ ] Builders' Risk Insurance
Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be
provided. Such policy shall include as "Named Insured" the City of Denton and all
subcontractors as their interests may appear.
[ ] Environmental Liability Insurance
Environmental liability insurance for $1,000,000 to cover all hazards contemplated by this
contract.
[ ] Riggers Insurance
The Contractor shall provide coverage for Rigger’s Liability. Said coverage may be
provided by a Rigger’s Liability endorsement on the existing CGL coverage; through and
Installation Floater covering rigging contractors; or through ISO form IH 00 91 12 11,
Rigger’s Liability Coverage form. Said coverage shall mirror the limits provided by the
CGL coverage
[ ] 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:
1. a certificate of coverage, prior to that person beginning work on the
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project, so the governmental entity will have on file certificates of
coverage showing coverage for all persons providing services on the
project; and
2. no later than seven days after receipt by the contractor, a new certificate
of coverage showing extension of coverage, if the coverage period
shown on the current certificate of coverage ends during the duration of
the project.
F. The contractor shall retain all required certificates of coverage for the duration
of the project and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified mail
or personal delivery, within 10 days after the contractor knew or should have
known, of any change that materially affects the provision of coverage of any
person providing services on the project.
H. The contractor shall post on each project site a notice, in the text, form and
manner prescribed by the Texas Workers' Compensation Commission,
informing all persons providing services on the project that they are required
to be covered, and stating how a person may verify coverage and report lack
of coverage.
I. The contractor shall contractually require each person with whom it contracts
to provide services on a project, to:
1. provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all of
its employees providing services on the project, for the duration of the
project;
2. provide to the contractor, prior to that person beginning work on the project,
a certificate of coverage showing that coverage is being provided for all
employees of the person providing services on the project, for the duration
of the project;
3. provide the contractor, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage
period shown on the current certificate of coverage ends during the duration
of the project;
4. obtain from each other person with whom it contracts, and provide to the
contractor:
a. a certificate of coverage, prior to the other person beginning work on the
project; and
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b. a new certificate of coverage showing extension of coverage, prior to the
end of the coverage period, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
5. retain all required certificates of coverage on file for the duration of the
project and for one year thereafter;
6. notify the governmental entity in writing by certified mail or personal
delivery, within 10 days after the person knew or should have known, of any
change that materially affects the provision of coverage of any person
providing services on the project; and
7. Contractually require each person with whom it contracts, to perform as
required by paragraphs (1) - (7), with the certificates of coverage to be
provided to the person for whom they are providing services.
J. By signing this contract or providing or causing to be provided a certificate of
coverage, the contractor is representing to the governmental entity that all
employees of the contractor who will provide services on the project will be
covered by workers' compensation coverage for the duration of the project,
that the coverage will be based on proper reporting of classification codes and
payroll amounts, and that all coverage agreements will be filed with the
appropriate insurance carrier or, in the case of a self-insured, with the
commission's Division of Self-Insurance Regulation. Providing false or
misleading information may subject the contractor to administrative penalties,
criminal penalties, civil penalties, or other civil actions.
K. 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: 313A39C9-1B65-4D5F-B9CB-B8480501233B
326
Contract # 7546
Exhibit E Certificate of Interested Parties Electronic Filing
In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that the City may not enter into this contract unless the Contractor submits a disclosure of interested parties (Form 1295) to the City at the time the
Contractor submits the signed contract. The Texas Ethics Commission has adopted rules requiring
the business entity to file Form 1295 electronically with the Commission. Contractor will be required to furnish a Certificate of Interest Parties before the contract is awarded, in accordance with Government Code 2252.908.
The contractor shall: 1. Log onto the State Ethics Commission Website at : https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm 2. Register utilizing the tutorial provided by the State
3. Print a copy of the completed Form 1295 4. Enter the Certificate Number on page 2 of this contract. 5. Complete and sign the Form 1295 6. Email the form to purchasing@cityofdenton.com with the contract number in the subject line. (EX: Contract 1234 – Form 1295)
The City must acknowledge the receipt of the filed Form 1295 not later than the 30th day after Council award. Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics Commission’s website within seven business days.
DocuSign Envelope ID: 313A39C9-1B65-4D5F-B9CB-B8480501233B
327
Line #Description Unit Price
1 SECTION A -BI-ANNUAL MAINTENANCE (2PM visits per year)
2 Annual Preventative Maintenance on Mitsubishi UPS Model #UP2033D-D803DU-4; Serial #06-7M71464-01 $2,177.68
3 Annual Preventative Maintenance on Mitsubishi UPS Model #UP2033D-A503DU-4; Serial #02-GJW8Q1-02 $1,695.32
4 Annual Preventative Maintenance on Mitsubishi UPS Model #UP2033C-A403SU-2; Serial #00-BU06Q1-05 $2,342.72
5 Annual Preventative Maintenance on GE UPS Model #LP 33; Serial #Q1060-2711-B204B $2,534.84
6 Annual Preventative Maintenance on Toshiba UPS Model #UE3G2L140C61T; Serial #080800603 $1,075.80
7 Annual Preventative Maintenance on PDI PDU Model #PP12-4-100-G-641; Serial #110-1895 $1,306.66
8 Annual Preventative Maintenance on PDI STS Model #STS-FO-STD-2480-150-60; Serial #411-0009 $1,306.66
9 Annual Preventative Maintenance on PDI PDU Model #PPI12-0-050-E-641; Serial #440-0005 $963.48
10 Annual Preventative Maintenance on PDI STS Model #STSSBR-STD-2-480-100-60; Serial #440-0005-1A $963.48
11 Annual Preventative Maintenance on PDI PDU Model #RPP-02-1-441-D3; Serial #180-1672 $805.04
12 SECTION B - BATTERY REPLACEMENT
13
Price per each for 12-300MR Battery-12V (Cost of battery per each only)$155.53
Price per string of 40 for 12-300MR Batteries-12V (Cost of battery per string of 40 only)$6,221.20
Labor to remove,replace and recycle (1) string of 40 $1,200.00
14
Price per each for 150WPC Battery-12V (Cost of battery per each only)$132.00
Price per string of 40 for 150WPC Batteries-12V (Cost of battery per string of 40 only)$5,280.00
Labor to remove,replace and recycle (1) string of 40 $900.00
15
Price per each for 100WPC Battery-12V (Cost of battery per each only)$149.00
Price per string of 30 for 100WPC Batteries-12 (Cost of battery per string of 30 only)$4,470.00
Labor to remove,replace and recycle quantity of 60ea $6,073.00
16
Price per each for 150WPC Battery-12V (Cost of battery per each only)$132.00
Price per string of 24 for 150WPC Batteries-12 (Cost of battery per string of 24 only)$3,168.00
Labor to remove,replace and recycle (48) batteries $677.00
17
Price per each for NPX-35TFR Battery-12V (Cost of battery per each only)$20.00
Price per string of 48 for NPX-35TFR Batteries-12 (Cost of battery per string of 48 only)$960.00
Labor to remove,replace and recycle (48) batteries $575.00
18 Price of Installation and Labor for Battery Replacement (Flat Rate Fee)See Labor Costs above
19 Disposable Fee for Battery Replacement (Price per each battery)Included in labor cost
20 Other Applicable Fees (Please explain) - Freight will be billed as needed/at actual Billed as Needed
Exhibit F
Battery Replacement on Toshiba UPS Model #UE3G2L140C61T; Serial #080800603 (14kva)
Battery Replacement on GE UPS Model #LP 33 Serial #Q1060-2711-B204B (60kva)
Battery Replacement on Mitsubishi UPS Model #UP2033D-A503DU-4; Serial #02-GJW8Q1-02 (50kva)
Battery Replacement on Mitsubishi UPS Model #UP2033D-D803DU-4; Serial #06-7M71464-01 (80kva)
Battery Replacement on Mitsubishi UPS Model #UP2033D-A403SU-2 Serial #00-BU06Q1-05 (40kva)
Contract 7546 Exhibit F - Price Sheet
DocuSign Envelope ID: 313A39C9-1B65-4D5F-B9CB-B8480501233B
328
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: 313A39C9-1B65-4D5F-B9CB-B8480501233B
G
ON COMPUTER SERVICES, L.L.C.,
DBA UNIFIED POWER
7/1/2021
329
Certificate Of Completion
Envelope Id: 313A39C91B654D5FB9CBB8480501233B Status: Sent
Subject: Please DocuSign: City Council Contract 7546 UPS Maintenance
Source Envelope:
Document Pages: 34 Signatures: 4 Envelope Originator:
Certificate Pages: 6 Initials: 1 Cori Power
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
cori.power@cityofdenton.com
IP Address: 198.49.140.10
Record Tracking
Status: Original
7/1/2021 9:23:06 AM
Holder: Cori Power
cori.power@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Cori Power
cori.power@cityofdenton.com
Senior Buyer
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.10
Sent: 7/1/2021 9:28:59 AM
Viewed: 7/1/2021 9:29:11 AM
Signed: 7/1/2021 9:29:49 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
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(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.104
Sent: 7/1/2021 9:29:52 AM
Viewed: 7/1/2021 12:22:24 PM
Signed: 7/1/2021 12:23:17 PM
Electronic Record and Signature Disclosure:
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Marcella Lunn
marcella.lunn@cityofdenton.com
Deputy City Attorney
City of Denton
Security Level: Email, Account Authentication
(None)
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Using IP Address: 198.49.140.104
Sent: 7/1/2021 12:23:21 PM
Viewed: 7/1/2021 4:04:30 PM
Signed: 7/1/2021 4:06:51 PM
Electronic Record and Signature Disclosure:
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Steven Gottlieb
steven.gottlieb@unifiedpowerusa.com
EVP Sales & Business Development
Unified Power
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 12.184.218.61
Signed using mobile
Sent: 7/1/2021 4:06:54 PM
Viewed: 7/1/2021 6:11:12 PM
Signed: 7/1/2021 6:11:44 PM
Electronic Record and Signature Disclosure:
Accepted: 7/1/2021 6:11:12 PM
ID: 197f2fa7-ff1d-4198-914a-a58def61fdcc
330
Signer Events Signature Timestamp
Leisha Meine
Leisha.Meine@cityofdenton.com
Chief Technology Officer
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.104
Sent: 7/1/2021 6:11:48 PM
Viewed: 7/2/2021 10:52:49 AM
Signed: 7/2/2021 10:58:19 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Contract Administrator
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 7/2/2021 10:58:22 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Sara Hensley
sara.hensley@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Rosa Rios
rosa.rios@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 7/1/2021 10:36:47 AM
ID: f04dd758-be5b-4966-aa99-d198dc46f8f7
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: 7/1/2021 9:29:52 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Gretna Jones
gretna.jones@cityofdenton.com
Legal Secretary
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 7/2/2021 10:58:22 AM
Viewed: 7/12/2021 3:21:13 PM
331
Carbon Copy Events Status Timestamp
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
City Secretary Office
citysecretary@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Curtis Conrad
Curtis.Conrad@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 6/25/2021 9:49:42 AM
ID: df0eb9f9-3de6-4a60-b6cc-3936b46f43a3
Lisa Collaud
Lisa.Collaud@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Cheyenne Defee
cheyenne.defee@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 7/1/2021 9:28:59 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
332
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Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Steven Gottlieb, Rosa Rios, Curtis Conrad
333
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City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 21-1490,Version:1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton,a Texas home-rule municipal corporation,authorizing
the City Manager,or their designee,to execute a contract with Groggy Dog Sportswear &Graphic Design,
LLC for athletic shirts and jerseys for the Parks and Recreation Department;providing for the expenditure of
funds therefor;and providing an effective date (RFP 7602 -awarded to Groggy Dog Sportswear &Graphic
Design,LLC,for one (1)year,with the option for two (2)additional one (1)year extensions,in the total three
(3) year not-to-exceed amount of $120,000.00).
City of Denton Printed on 7/23/2021Page 1 of 1
powered by Legistar™336
City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Procurement & Compliance
ACM: David Gaines
DATE: July 27, 2021
SUBJECT
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation,
authorizing the City Manager, or their designee, to execute a contract with Groggy Dog Sportswear &
Graphic Design, LLC for athletic shirts and jerseys for the Parks and Recreation Department; providing for
the expenditure of funds therefor; and providing an effective date (RFP 7602 – awarded to Groggy Dog
Sportswear & Graphic Design, LLC, for one (1) year, with the option for two (2) additional one (1) year
extensions, in the total three (3) year not-to-exceed amount of $120,000.00).
INFORMATION/BACKGROUND
The Parks and Recreation Department (PARD) offers various athletic events, tournaments, and programs
for youth & adult sports which require unique shirts, jerseys, and other wearable items as a part of program
deliverables. It is industry standard to provide such items for these programs, and the item cost is built into
the program fee for all registered individuals. These shirts and jerseys require custom graphic design that is
unique each season or event. Historically, PARD has spent an average of $20,000 in athletic shirts and
jerseys from FY 16-17 to 18-19. The total cost for this contract is considering new programs and cost
increase in production and items.
This Request for Proposals (RFP) is for the supply, printing, graphic design service, and delivery of shirts
and jerseys for athletics leagues and special event deliverables for recreation program participants.
The contract bid was divided into two (2) sections. Vendors were offered the opportunity to submit a
competitive bid on any individual section or both sections. Section A referenced needs for the Award and
Souvenir Shirts. Section B referenced needs for Youth Sports Jerseys.
Request for Proposals was sent to 152 prospective suppliers. In addition, specifications were placed on the
Materials Management website for prospective suppliers to download and advertised in the local
newspaper. Fourteen (14) proposals were received, references were checked, and proposals were evaluated
based upon published criteria including price, delivery, compliance with specifications, probable
Project Description Estimated 5-Year Expenditure
Budgeted Cost for Athletic Shirts & Jerseys – Year 1 $ 30,000
Budgeted Cost for Athletic Shirts & Jerseys – Year 2 $ 30,000
Budgeted Cost for Athletic Shirts & Jerseys – Year 3 $ 30,000
Total: $120,000
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
337
performance, and schedule. Best and Final Offers (BAFO) were requested from the top firm. Based upon
this evaluation, Groggy Dog Sportswear & Graphic Design, LLC was ranked the highest and determined
to be the best value for the City.
NIGP Code Used for Solicitation: 200 - Clothing: Athletic, Casual, Dress,
Uniform, Weather, and Work Related
Notifications sent for Solicitation sent in IonWave: 152
Number of Suppliers that viewed Solicitation in IonWave: 38
HUB-Historically Underutilized Business Invitations sent out: 13
SBE-Small Business Enterprise Invitations sent out: 76
Responses from Solicitation: 14
RECOMMENDATION
Award a contract with Groggy Dog Sportswear & Graphic Design, LLC, for athletic shirts and jerseys for
the Parks and Recreation Department, in a one (1) year, with the option for two (2) additional one (1) year
extensions, in the total three (3) year not-to-exceed amount of $120,000.
PRINCIPAL PLACE OF BUSINESS
Groggy Dog Sportswear & Graphic Design, LLC
Denton, TX
ESTIMATED SCHEDULE OF PROJECT
This is an initial one (1) year contract with options to extend the contract for two (2) additional one (1) year
periods, with all terms and conditions remaining the same.
FISCAL INFORMATION
These items will be funded from Parks and Recreation Operating Funds. The City will only pay for services
rendered and is not obligated to pay the full contract amount unless needed.
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Evaluation Sheet
Exhibit 3: LLC Members
Exhibit 4: Ordinance and Contract
Respectfully submitted:
Lori Hewell, 940-349-7100
Purchasing Manager
For information concerning this acquisition, contact: Chris Escoto, 940-349-8523.
Legal point of contact: Marcella Lunn at 940-349-8333.
338
Line #Description QTY UOM Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended
1 Option 1: PROPOSED SHIRT STYLE BRAND DESCRIPTIONBY VENDOR (INCLUDES ALL FEES)
Cotton Short Sleeve Sizes: Adult Small - Adult XL 1,000 EA $4.45 $4,450.00 $6.00 $6,000.00 $4.44 $4,440.00 $3.00 $3,000.00 $4.80 $4,800.00 $3.33 $3,330.00 $5.29 $5,290.00
2 Option 1: PROPOSED SHIRT STYLE BRAND/DESCRIPTIONBY VENDOR (INCLUDES ALL FEES)
Cotton Short Sleeve SIZES: ADULT2XL-ADULT4XL 1,000 EA $5.95 $5,950.00 $6.00 $6,000.00 $5.95 $5,950.00 $5.25 $5,250.00 $6.80 $6,800.00 $5.33 $5,330.00 $7.79 $7,790.00
3 Option 1: PROPOSED SHIRT STYLE BRAND DESCRIPTIONBY VENDOR (INCLUDES ALL FEES)
Cotton Long Sleeve Sizes: Adult Small - Adult XL 325 EA $7.45 $2,421.25 $8.00 $2,600.00 $7.44 $2,418.00 $5.75 $1,868.75 $7.90 $2,567.50 $5.77 $1,875.25 $6.79 $2,206.75
4 Option 1: PROPOSED SHIRT STYLE BRAND DESCRIPTIONBY VENDOR (INCLUDES ALL FEES)
Cotton Long Sleeve Sizes: Adult 2XL - Adult 4XL 325 EA $8.95 $2,908.75 $8.00 $2,600.00 $8.95 $2,908.75 $6.75 $2,193.75 $9.90 $3,217.50 $8.77 $2,850.25 $9.29 $3,019.25
6 Option 1: PROPOSED SHIRT STYLE BRAND DESCRIPTIONBY VENDOR (INCLUDES ALL FEES)
Cotton Hoodie Sizes: Adult Small- Adult XL 325 EA $14.45 $4,696.25 $12.00 $3,900.00 $14.75 $4,793.75 $10.50 $3,412.50 $16.30 $5,297.50 $9.57 $3,110.25 $11.29 $3,669.25
7 Option 1: PROPOSED SHIRT STYLE BRAND DESCRIPTIONBY VENDOR (INCLUDES ALL FEES)
Cotton Hoodie Sizes: Adult 2XL- Adult 4XL 325 EA $15.95 $5,183.75 $12.00 $3,900.00 $15.95 $5,183.75 $13.50 $4,387.50 $18.30 $5,947.50 $15.71 $5,105.75 $13.79 $4,481.75
8 Option 1: PROPOSED SHIRT STYLE BRAND DESCRIPTIONBY VENDOR (INCLUDES ALL FEES)
Cotton Sweatshirt Sizes: Adult Small - Adult XL 325 EA $11.45 $3,721.25 $10.00 $3,250.00 $9.78 $3,178.50 $10.50 $3,412.50 $10.80 $3,510.00 $7.19 $2,336.75 $9.29 $3,019.25
9 Option 1: PROPOSED SHIRT STYLE BRAND DESCRIPTIONBY VENDOR (INCLUDES ALL FEES)
Cotton Sweatshirt Sizes: Adult 2XL- Adult 4XL 325 EA $12.95 $4,208.75 $10.00 $3,250.00 $10.99 $3,571.75 $13.50 $4,387.50 $12.80 $4,160.00 $10.09 $3,279.25 $11.79 $3,831.75
10 Option 1: PROPOSED SHIRT STYLE BRAND DESCRIPTIONBY VENDOR (INCLUDES ALL FEES)
Performance Short Sleeve Sizes: Adult Small - Adult XL 1,000 EA $7.45 $7,450.00 $7.00 $7,000.00 $7.22 $7,220.00 $5.75 $5,750.00 $6.30 $6,300.00 $4.93 $4,930.00 $6.49 $6,490.00
11
Option 1: PROPOSED SHIRT STYLE BRAND DESCRIPTIONBY VENDOR (INCLUDES ALL FEES)
Performance Short Sleeve Sizes: Adult 2XL- Adult 4XL 1,000 EA $8.95 $8,950.00 $7.00 $7,000.00 $8.74 $8,740.00 $6.75 $6,750.00 $8.30 $8,300.00 $6.93 $6,930.00 $8.99 $8,990.00
12 Option 1: PROPOSED SHIRT STYLE BRAND DESCRIPTIONBY VENDOR (INCLUDES ALL FEES)
Performance Long Sleeve Sizes: Adult Small - Adult XL 325 EA $9.45 $3,071.25 $10.00 $3,250.00 $10.71 $3,480.75 $6.75 $2,193.75 $8.90 $2,892.50 $6.93 $2,252.25 $8.49 $2,759.25
13
Option 1: PROPOSED SHIRT STYLE BRAND DESCRIPTIONBY VENDOR (INCLUDES ALL FEES)
Performance Long Sleeve Sizes: Adult2XL - Adult 4XL 325 EA $10.95 $3,558.75 $10.00 $3,250.00 $12.99 $4,221.75 $7.75 $2,518.75 $10.90 $3,542.50 $8.93 $2,902.25 $10.99 $3,571.75
Item #
1
2
3
4
Line #Description QTY UOM BAFO Extended BAFO Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended
1 Option 1: MINIMUM STYLE BRAND/ITEM # DESCRIPTION Youth Basketball Jersey- YOUTH SIZE
Sizes: Youth Small - Youth XL 192 EA $17.70 $3,398.40 $15.00 $2,880.00 $13.34 $2,561.28 $7.91 $1,518.72 $14.00 $2,688.00 $11.50 $2,208.00 $13.90 $2,668.80
2 Option 1: MINIMUM STYLE BRAND/ITEM # DESCRIPTION Youth Basketball Jersey-ADULTSIZE
Sizes:AdultSmall -Adult4XL 48 EA $18.20 $873.60 $15.00 $720.00 $15.28 $733.44 $8.39 $402.72 $15.00 $720.00 $12.50 $600.00 $14.90 $715.20
3 Option 1: MINIMUM STYLE BRAND/ITEM # DESCRIPTION Youth Flag Football Jersey - YOUTH
SIZES Sizes: Youth Small - Youth XL 192 EA $17.70 $3,398.40 $15.00 $2,880.00 $11.84 $2,273.28 $10.09 $1,937.28 $10.00 $1,920.00 $11.00 $2,112.00 $14.90 $2,860.80
4 Option 1: MINIMUM STYLE BRAND/ITEM # DESCRIPTION Youth Flag Football Jersey -
ADULTSIZES Sizes: Adult Small - Adult 4XL 48 EA $18.70 $897.60 $15.00 $720.00 $13.42 $644.16 $10.57 $507.36 $11.00 $528.00 $12.50 $600.00 $14.90 $715.20
5 Option 1: MINIMUM STYLE BRAND/ITEM # DESCRIPTION Youth Soccer (Outdoor Futsal) Jersey
Youth Size Sizes: Youth Small - Youth XL 408 EA $18.70 $7,629.60 $15.00 $6,120.00 $11.96 $4,879.68 $7.97 $3,251.76 $10.50 $4,284.00 $11.75 $4,794.00 $14.90 $6,079.20
6 Option 1: MINIMUM STYLE BRAND/ITEM # DESCRIPTION Youth Soccer (Outdoor Futsal) Jersey -
ADULT SIZE Sizes: AdultSmall -AdultXL 102 EA $19.70 $2,009.40 $15.00 $1,530.00 $13.46 $1,372.92 $8.89 $906.78 $11.50 $1,173.00 $13.25 $1,351.50 $14.90 $1,519.80
7 Option 1: MINIMUM STYLE BRAND/ITEM # DESCRIPTION Youth Volleyball Jersey - YOUTH SIZE
Sizes: Youth Small - Youth XL 288 EA $19.70 $5,673.60 $18.00 $5,184.00 $15.52 $4,469.76 $9.89 $2,848.32 $12.50 $3,600.00 $10.40 $2,995.20 $15.80 $4,550.40
8 Option 1: MINIMUM STYLE BRAND/ITEM # DESCRIPTION Youth Volleyball Jersey - ADULTSIZE
Sizes: AdultSmall - AdultXL 72 EA $20.20 $1,454.40 $18.00 $1,296.00 $16.32 $1,175.04 $10.27 $739.44 $13.00 $936.00 $15.50 $1,116.00 $15.80 $1,137.60
9 Option 1: MINIMUM STYLE BRAND/ITEM # DESCRIPTION Coaching Volunteer Shirts- ADULTSIZE
Sizes: AdultSmall - Adult4XL 120 EA $7.70 $924.00 $5.00 $600.00 $18.73 $2,247.60 $3.89 $466.80 $2.75 $330.00 $5.25 $630.00 $5.00 $600.00
Item #
1
2
3
4
Exhibit 2
RFP 7602 - Pricing Evaluation for Athletic Shirts and Jerseys
Total Contract Amount (3 years):$120,000.00
Respondent's Business Name:
Principal Place of Business (City and State):
Visual Impact
Specialties
67.92
21.12
10.80
25.20
10.80
Mustang Apparel dba
Incentive Brands
68.63
26.83
11.40
19.60
10.80
$20,847.00
Plano, TX Arlington, TX
Pan Ector Industries
10.80
Ad-Wear &
Specialty of Texas
9.00
Universal Sporting
Goods
70.21
27.21
10.20
23.80
9.00
73.20
35.00
9.60
19.60
75.03
21.63
13.20
29.40
Denton, TX Pompton Plains, NJHouston, TX
San Bay Studio, Inc.
76.68
20.08
13.80
30.80
12.00
Groggy Dog
Sportswear
77.77
16.77
15.00
13.80
32.20
Denton, TX Denton, TX
SECTION A - AWARD SOUVENIR SHIRTS
Total Score:
Groggy Dog
Sportswear San Bay Studio, Inc.Pan Ector Industries Universal Sporting
Goods
Visual Impact
Specialties
Ad-Wear & Specialty
of Texas DFW Impression
DFW Impression
74.89
28.09
12.60
21.00
13.20
82.31
34.31
10.80
25.20
14.40
29.80
91.00
Pan Ector Industries
13.20
33.60
13.20
27.59
87.59 78.20
Ad-Wear & Specialty
of Texas
12.00
16.80
11.40
35.00
75.20
Universal Sporting
Goods
Visual Impact
Specialties
15.00
35.00
15.00
27.40
92.40
13.20
33.60
13.20
26.60
11.40
27.00
12.00Delivery/Project Schedule - 15%
Compliance with Specifications - 35 %
Probable Performance - 15%
Price - 35%
Total Section A:$56,570.00 $52,000.00 $56,107.00
Description
San Bay Studio, Inc.Groggy Dog
Sportswear
Denton, TX
$45,125.00 $57,335.00 $44,232.00 $55,119.00
Denton, TX Denton, TX Pompton Plains, NJ Arlington, TX Houston, TX Irving, TX
SECTION B - YOUTH SPORT JERSEYS
Evaluation - Section B
Total Section B:$26,259.00 $21,930.00 $20,357.16 $12,579.18 $16,179.00 $16,406.70
Evaluation - Section A
Respondent's Business Name:
Principal Place of Business (City and State):
Total Score:
Groggy Dog
Sportswear San Bay Studio, Inc.Pan Ector Industries Ad-Wear &
Specialty of Texas
Universal Sporting
Goods Mustang Visual Impact
Specialties Description
Delivery/Project Schedule - 15%
Compliance with Specifications - 35 %
Probable Performance - 15%
Price - 35%
339
Line #Description QTY UOM
1 Option 1: PROPOSED SHIRT STYLE BRAND DESCRIPTIONBY VENDOR (INCLUDES ALL FEES)
Cotton Short Sleeve Sizes: Adult Small - Adult XL 1,000 EA
2 Option 1: PROPOSED SHIRT STYLE BRAND/DESCRIPTIONBY VENDOR (INCLUDES ALL FEES)
Cotton Short Sleeve SIZES: ADULT2XL-ADULT4XL 1,000 EA
3 Option 1: PROPOSED SHIRT STYLE BRAND DESCRIPTIONBY VENDOR (INCLUDES ALL FEES)
Cotton Long Sleeve Sizes: Adult Small - Adult XL 325 EA
4 Option 1: PROPOSED SHIRT STYLE BRAND DESCRIPTIONBY VENDOR (INCLUDES ALL FEES)
Cotton Long Sleeve Sizes: Adult 2XL - Adult 4XL 325 EA
6 Option 1: PROPOSED SHIRT STYLE BRAND DESCRIPTIONBY VENDOR (INCLUDES ALL FEES)
Cotton Hoodie Sizes: Adult Small- Adult XL 325 EA
7 Option 1: PROPOSED SHIRT STYLE BRAND DESCRIPTIONBY VENDOR (INCLUDES ALL FEES)
Cotton Hoodie Sizes: Adult 2XL- Adult 4XL 325 EA
8 Option 1: PROPOSED SHIRT STYLE BRAND DESCRIPTIONBY VENDOR (INCLUDES ALL FEES)
Cotton Sweatshirt Sizes: Adult Small - Adult XL 325 EA
9 Option 1: PROPOSED SHIRT STYLE BRAND DESCRIPTIONBY VENDOR (INCLUDES ALL FEES)
Cotton Sweatshirt Sizes: Adult 2XL- Adult 4XL 325 EA
10 Option 1: PROPOSED SHIRT STYLE BRAND DESCRIPTIONBY VENDOR (INCLUDES ALL FEES)
Performance Short Sleeve Sizes: Adult Small - Adult XL 1,000 EA
11
Option 1: PROPOSED SHIRT STYLE BRAND DESCRIPTIONBY VENDOR (INCLUDES ALL FEES)
Performance Short Sleeve Sizes: Adult 2XL- Adult 4XL 1,000 EA
12 Option 1: PROPOSED SHIRT STYLE BRAND DESCRIPTIONBY VENDOR (INCLUDES ALL FEES)
Performance Long Sleeve Sizes: Adult Small - Adult XL 325 EA
13
Option 1: PROPOSED SHIRT STYLE BRAND DESCRIPTIONBY VENDOR (INCLUDES ALL FEES)
Performance Long Sleeve Sizes: Adult2XL - Adult 4XL 325 EA
Item #
1
2
3
4
Line #Description QTY UOM
1 Option 1: MINIMUM STYLE BRAND/ITEM # DESCRIPTION Youth Basketball Jersey- YOUTH SIZE
Sizes: Youth Small - Youth XL 192 EA
2 Option 1: MINIMUM STYLE BRAND/ITEM # DESCRIPTION Youth Basketball Jersey-ADULTSIZE
Sizes:AdultSmall -Adult4XL 48 EA
3 Option 1: MINIMUM STYLE BRAND/ITEM # DESCRIPTION Youth Flag Football Jersey - YOUTH
SIZES Sizes: Youth Small - Youth XL 192 EA
4 Option 1: MINIMUM STYLE BRAND/ITEM # DESCRIPTION Youth Flag Football Jersey -
ADULTSIZES Sizes: Adult Small - Adult 4XL 48 EA
5 Option 1: MINIMUM STYLE BRAND/ITEM # DESCRIPTION Youth Soccer (Outdoor Futsal) Jersey
Youth Size Sizes: Youth Small - Youth XL 408 EA
6 Option 1: MINIMUM STYLE BRAND/ITEM # DESCRIPTION Youth Soccer (Outdoor Futsal) Jersey -
ADULT SIZE Sizes: AdultSmall -AdultXL 102 EA
7 Option 1: MINIMUM STYLE BRAND/ITEM # DESCRIPTION Youth Volleyball Jersey - YOUTH SIZE
Sizes: Youth Small - Youth XL 288 EA
8 Option 1: MINIMUM STYLE BRAND/ITEM # DESCRIPTION Youth Volleyball Jersey - ADULTSIZE
Sizes: AdultSmall - AdultXL 72 EA
9 Option 1: MINIMUM STYLE BRAND/ITEM # DESCRIPTION Coaching Volunteer Shirts- ADULTSIZE
Sizes: AdultSmall - Adult4XL 120 EA
Item #
1
2
3
4
Exhibit 2
RFP 7602 - Pricing Evaluation for Athletic Shirts and Jerseys
Total Contract Amount (3 years):
Respondent's Business Name:
Principal Place of Business (City and State):
SECTION A - AWARD SOUVENIR SHIRTS
Total Score:
Delivery/Project Schedule - 15%
Compliance with Specifications - 35 %
Probable Performance - 15%
Price - 35%
Total Section A:
Description
SECTION B - YOUTH SPORT JERSEYS
Evaluation - Section B
Total Section B:
Evaluation - Section A
Respondent's Business Name:
Principal Place of Business (City and State):
Total Score:
Description
Delivery/Project Schedule - 15%
Compliance with Specifications - 35 %
Probable Performance - 15%
Price - 35%
Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended
$4.50 $4,500.00 $5.25 $5,250.00 $4.00 $4,000.00 $4.35 $4,350.00 $4.65 $4,650.00 $7.10 $7,100.00 $7.45 $7,450.00
$6.00 $6,000.00 $9.25 $9,250.00 $8.00 $8,000.00 $6.35 $6,350.00 $6.65 $6,650.00 $8.20 $8,200.00 $10.38 $10,380.00
$9.00 $2,925.00 $8.25 $2,681.25 $7.25 $2,356.25 $9.56 $3,107.00 $6.95 $2,258.75 $8.30 $2,697.50 $11.14 $3,620.50
$10.50 $3,412.50 $12.25 $3,981.25 $11.25 $3,656.25 $11.56 $3,757.00 $8.95 $2,908.75 $10.25 $3,331.25 $12.20 $3,965.00
$15.00 $4,875.00 $14.00 $4,550.00 $14.25 $4,631.25 $21.30 $6,922.50 $11.95 $3,883.75 $21.20 $6,890.00 $34.31 $11,150.75
$16.50 $5,362.50 $18.25 $5,931.25 $18.25 $5,931.25 $23.30 $7,572.50 $14.95 $4,858.75 $23.45 $7,621.25 $40.83 $13,269.75
$11.00 $3,575.00 $9.00 $2,925.00 $8.50 $2,762.50 $10.79 $3,506.75 $8.95 $2,908.75 $18.40 $5,980.00 $17.45 $5,671.25
$12.50 $4,062.50 $14.25 $4,631.25 $12.50 $4,062.50 $12.79 $4,156.75 $11.95 $3,883.75 $20.90 $6,792.50 $22.21 $7,218.25
$9.00 $9,000.00 $7.75 $7,750.00 $5.75 $5,750.00 $6.76 $6,760.00 $5.95 $5,950.00 $9.25 $9,250.00 $9.57 $9,570.00
$10.50 $10,500.00 $10.75 $10,750.00 $9.75 $9,750.00 $8.76 $8,760.00 $7.95 $7,950.00 $10.25 $10,250.00 $12.24 $12,240.00
$10.00 $3,250.00 $9.00 $2,925.00 $7.85 $2,551.25 $12.76 $4,147.00 $9.25 $3,006.25 $10.20 $3,315.00 $11.14 $3,620.50
$11.50 $3,737.50 $12.00 $3,900.00 $11.85 $3,851.25 $14.76 $4,797.00 $11.25 $3,656.25 $11.20 $3,640.00 $14.04 $4,563.00
Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended
$12.95 $2,486.40 $15.16 $2,910.72 $16.79 $3,223.68 $15.45 $2,966.40 No Bid 3166.08 No Bid 3166.08 $16.49 $3,166.08
$13.95 $669.60 $15.16 $727.68 $18.99 $911.52 $14.95 $717.60 No Bid 911.52 No Bid 911.52 $17.82 $855.36
$13.50 $2,592.00 $16.32 $3,133.44 $15.79 $3,031.68 $17.95 $3,446.40 No Bid 4341.12 No Bid 4341.12 $22.61 $4,341.12
$14.50 $696.00 $17.20 $825.60 $16.79 $805.92 $18.45 $885.60 No Bid 912 No Bid 912 $18.08 $867.84
$13.50 $5,508.00 $12.41 $5,063.28 $16.49 $6,727.92 $15.25 $6,222.00 No Bid 7752 No Bid 7752 $17.29 $7,054.32
$14.50 $1,479.00 $12.82 $1,307.64 $17.49 $1,783.98 $16.25 $1,657.50 No Bid 2034.9 No Bid 2034.9 $19.95 $2,034.90
$14.00 $4,032.00 $11.42 $3,288.96 $18.39 $5,296.32 $17.95 $5,169.60 No Bid 5184 No Bid 5184 $11.73 $3,378.24
$14.50 $1,044.00 $13.36 $961.92 $18.99 $1,367.28 $18.95 $1,364.40 No Bid 1589.04 No Bid 1589.04 $22.07 $1,589.04
$4.00 $480.00 $5.99 $718.80 $4.39 $526.80 $7.95 $954.00 $9.25 $1,110.00 No Bid 1236 $10.30 $1,236.00
Exhibit 2
RFP 7602 - Pricing Evaluation for Athletic Shirts and Jerseys
Brayco
51.95
17.95
9.60
15.40
9.00
Just Right Products
54.83
16.23
9.60
18.20
10.80
$27,126.66 $24,522.90
Haltom City, TX Abilene, TX
DFW Impression
61.80
18.60
12.00
21.00
10.20
Restoration Apparel
55.71
16.31
10.80
19.60
9.00
Promo Solutions
57.43
18.83
9.60
18.20
10.80
$23,675.10 $23,383.50 $27,000.66
Irving, TX Frisco, TX Kansas City, MO
TK Printshop
65.39
23.19
11.40
22.40
8.40
Educational Products
Inc.
23.25
10.20
19.60
10.20
63.25
$18,987.00 $18,938.04
Denton, TX Houston, TX
Educational
Products Inc.
12.60
19.60
11.40
24.12
67.72
Just Right Products
13.20
16.80
10.80
27.02
67.82
SECTION A - AWARD SOUVENIR SHIRTS
TK Printshop Mustang Apparel
dba Incentive Brands Just Right Products
Mustang Apparel dba
Incentive Brands
13.80
19.60
12.00
23.99
69.39
TK Printshop
10.80
23.80
12.00
25.30
Restoration Apparel Brayco
53.5062.82
20.62 16.70
11.40 10.80
18.20 14.00
12.60 12.00
71.90
14.00
13.20
66.85
29.45
10.20
Educational
Products Inc.Promo Solutions Restoration Apparel Brayco
$57,302.50 $64,186.50 $52,565.00 $75,067.50 $92,719.00$61,200.00 $64,525.00
Denton, TX Plano, TX Haltom City, TX
Promo Solutions
Promo Solutions Restoration Apparel Just Right Products Brayco
SECTION B - YOUTH SPORT JERSEYS
Evaluation - Section B
Evaluation - Section A
TK Printshop
Houston, TX Frisco, TX Kansas City, MO Abilene, TX
Educational Products
Inc.DFW Impression
340
341
ORDINANCE NO. _________
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL
CORPORATION, AUTHORIZING THE CITY MANAGER, OR THEIR DESIGNEE, TO
EXECUTE A CONTRACT WITH GROGGY DOG SPORTSWEAR & GRAPHIC DESIGN, LLC
FOR ATHLETIC SHIRTS AND JERSEYS FOR THE PARKS AND RECREATION
DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE (RFP 7602 AWARDED TO GROGGY DOG
SPORTSWEAR & GRAPHIC DESIGN, LLC, FOR ONE (1) YEAR, WITH THE OPTION FOR
TWO (2) ADDITIONAL ONE (1) YEAR EXTENSIONS, IN THE TOTAL THREE (3) YEAR
NOT-TO-EXCEED AMOUNT OF $120,000.00).
WHEREAS, the City has solicited, received, and evaluated competitive proposals for athletic
shirts and jerseys for the Parks and Recreation Department; and
WHEREAS, the City Manager, or a designated employee, has received, reviewed, and
recommended that the herein described proposals are the most advantageous to the City considering
the relative importance of price and the other evaluation factors included in the request for
proposals; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies, or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The items in the following numbered request for proposal for materials,
equipment, supplies,
Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City
considering the relative importance of price and the other evaluation factors included in the request
for proposals.
RFP
NUMBER CONTRACTOR AMOUNT
7602 Groggy Dog Sportswear & Graphic Design, LLC $120,000.00
SECTION 2. That by the acceptance and approval of the above numbered items of the
submitted proposals, the City accepts the offer of the persons submitting the proposals for such items
and agrees to purchase the materials, equipment, supplies, or services in accordance with the terms,
specifications, standards, quantities, and for the specified sums contained in the Proposal Invitations,
Proposals, and related documents.
SECTION 3. That should the City and person submitting approved and accepted items wish
to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the
342
proposals, the City Manager,or their 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, standards, quantities, and specified sums contained in the
Proposal and related documents herein approved and accepted.
SECTION 4. 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 of Denton, or their designee.
SECTION 5. By the acceptance and approval of the above enumerated bids, the City
Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with
the approved bids.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by __________________________ and
seconded by _________________________________. This ordinance was passed and approved by the
following vote [___ - ___]:
Aye Nay Abstain Absent
Mayor Gerard Hudspeth: ______ ______ ______ ______
Vicki Byrd, District 1: ______ ______ ______ ______
Brian Beck, District 2: ______ ______ ______ ______
Jesse Davis, District 3: ______ ______ ______ ______
Alison Maguire, District 4: ______ ______ ______ ______
Deb Armintor, At Large Place 5: ______ ______ ______ ______
Paul Meltzer, At Large Place 6: ______ ______ ______ ______
PASSED AND APPROVED this the _______ day of ___________________________, 2021.
__________________________________
GERARD HUDSPETH, MAYOR
343
ATTEST:
ROSA RIOS, CITY SECRETARY
BY: __________________________________
APPROVED AS TO LEGAL FORM:
CATHERINE CLIFTON, INTERIM CITY ATTORNEY
BY: _________________________________
344
Docusign City Council Transmittal Coversheet
File Name
Purchasing Contact
City Council Target Date
Piggy Back Option
Contract Expiration
Ordinance
DocuSign Envelope ID: 7D8C0FE1-510A-4C0A-B5C7-D66E9B8616A8
7602RFP
Yes
PARD Athletic Shirts & Jerseys
Erica Garcia
345
Contract 7602
CONTRACT BY AND BETWEEN
CITY OF DENTON, TEXAS AND GROGGY DOG SPORTSWEAR & GRAPHIC
DESIGN, LLC
(Contract #7602 )
THIS CONTRACT is made and entered into this date _______________________, by
and between Groggy Dog Sportswear & Graphic Design, LLC a Texas limited liability company,
whose address is 4017 Mesa Dr., Denton, TX 76207, hereinafter referred to as "Contractor," and
the CITY OF DENTON, TEXAS, a home rule municipal corporation, hereinafter referred to as
"City," to be effective upon approval of the Denton City Council and subsequent execution of this
Contract by the Denton City Manager or his duly authorized designee.
For and in consideration of the covenants and agreements contained herein, and for the
mutual benefits to be obtained hereby, the parties agree as follows:
SCOPE OF SERVICES
Contractor shall provide products in accordance with the City’s RFP 7602 – PARD Athletic
Shirts & Jerseys a copy of which is on file at the office of Purchasing Agent and incorporated
herein for all purposes. The Contract consists of this written agreement and the following items
which are attached hereto, or on file, and incorporated herein by reference:
(a) Special Terms and Conditions (Exhibit “A”);
(b) City of Denton’s RFP 7602 (Exhibit “B” on file at the office of the Purchasing
Agent);
(c) City of Denton Standard Terms and Conditions (Exhibit “C”);
(d) Certificate of Interested Parties Electronic Filing (Exhibit “D”);
(e) Contractor’s Proposal. (Exhibit "E");
(f) Form CIQ – Conflict of Interest Questionnaire (Exhibit "F")
These documents make up the Contract documents and what is called for by one shall be
as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions
of the Contract documents, the inconsistency or conflict shall be resolved by giving precedence
first to the written agreement then to the contract documents in the order in which they are listed
above. These documents shall be referred to collectively as “Contract Documents.”
Prohibition on Contracts with Companies Boycotting Israel
Contractor 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, Contractor
certifies that Contractor’s signature provides written verification to the City that Contractor: (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.
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
DocuSign Envelope ID: 7D8C0FE1-510A-4C0A-B5C7-D66E9B8616A8
346
Contract 7602
business with Iran, Sudan, or a foreign terrorist organization. By signing this agreement, Contractor
certifies that Contractor’s signature provides written verification to the City that Contractor, 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.
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.
IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year
and day first above written.
CONTRACTOR
BY:______________________________
AUTHORIZED SIGNATURE
Printed Name:_____________________
Title:____________________________
__________________________________
PHONE NUMBER
_________________________________
EMAIL ADDRESS
___________________________________
TEXAS ETHICS COMMISSION
1295 CERTIFICATE NUMBER
CITY OF DENTON, TEXAS
BY: _____________________________
ATTEST:
ROSA RIOS, CITY SECRETARY
BY: _______________________________
APPROVED AS TO LEGAL FORM:
BY: _______________________________
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational obligations
and business terms.
_______________ ________________
SIGNATURE PRINTED NAME
__________________________________
TITLE
__________________________________
DEPARTMENT
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2021-70844
mchambers@groggydogonline.com
Mary Ann Chambers
Operations Manager
940-891-4022
Parks and Recreation
Department
Director of Parks and Recreation
Gary Packan
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Exhibit A
Special Terms and Conditions
1. The Quantities
The quantities indicated on Exhibit E are estimates based upon the best available information. The
City reserves the right to increase or decrease the quantities to meet its actual needs without any
adjustments in the bid price. Individual purchase orders will be issued on an as needed basis.
2. Product Changes During Contract Term
The Contractor shall not change specifications during the contract term without prior approval.
Any deviation in the specifications or change in the product must be approved in advance by the
City of Denton. Notice of a change shall be submitted in writing to purchasing@cityofdenton.com,
with the above file number in the subject line, for review. Products found to have changed
specifications without notification, and acceptance, will be returned at the contractor’s expense.
Products that have been installed will be replaced at the contractor’s expense.
3. Authorized Distributor
The Contractor shall be the manufacturer or authorized distributor of the proposed products. The
distributor shall be authorized to sell to the City of Denton, and make available the manufacturer’s
representative as needed by the City.
4. Contract Terms
The contract term will be one (1) year, effective from date of award. The City and the Contractor
shall have the option to renew this contract for an additional two (2) one-year periods.
The Contract shall commence upon the issuance of a Notice of Award by the City of Denton and shall
automatically renew each year, from the date of award by City Council. The Contractor’s request to
not renew the contract must be submitted in writing to the Purchasing Manager at least 60 days prior
to the contract renewal date for each year. At the sole option of the City of Denton, the Contract may
be further extended as needed, not to exceed a total of six (6) months.
5. Price Escalation and De-escalation
On Contractor’s request in the form stated herein, the City will implement an escalation/de-
escalation price adjustment annually based on these special terms. Any request for price
adjustment must be based on the, U.S Department of Labor, Bureau of Labor Statistics, Producer
Price Index (PPI) or the manufacturer published pricing list. The maximum escalation will not
exceed +/- 8% for any individual year. The escalation will be determined annually at the
renewal date. The price will be increased or decreased based upon the annual percentage change
in the PPI or the percentage change in the manufacturer’s price list. Should the PPI or
manufacturer price list change exceed a minimum threshold value of +/-1%, then the stated
eligible bid prices shall be adjusted in accordance with the percent change not to exceed the 8%
limit per year. The Contractor should provide documentation as percentage of each cost
associated with the unit prices quoted for consideration.
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Request must be submitted in writing with supporting evidence for need of such increase to the
Purchasing Manager at least 60 days prior to contract expiration of each year. Respondent must
also provide supporting documentation as justification for the request. If no request is made, then
it will be assumed that the current contract price will be in effect.
Upon receipt of such request, the City of Denton reserves the right to either: accept the escalation
as competitive with the general market price at the time, and become effective upon the renewal
date of the contract award or reject the increases within 30 calendar days after receipt of a
properly submitted request. If a properly submitted increase is rejected, the Contractor may
request cancellation of such items from the Contract by giving the City of Denton written notice.
Cancellation will not go into effect for 15 calendar days after a determination has been issued.
Pre-price increase prices must be honored on orders dated up to the official date of the City of
Denton approval and/or cancellation.
The request can be sent by e-mail to: purchasing@cityofdenton.com noting the solicitation
number.
The City of Denton reserves the right to accept, reject, or negotiate the proposed price changes.
6. Total Contract Amount
The contract total for services shall not exceed $120,000. Pricing shall be per Exhibit E attached.
7. Delivery Lead Time
Product or services shall be delivered to the City per the days/weeks noted in Exhibit E after
receipt of the order.
8. Performance Liquidated Damages
The Contractor shall incur contractual payment losses, as initiated by the City for performance that
falls short of specified performance standards as outlined below:
Delivery beyond contracted lead times
Performance below contracted levels (services only)
The Contractor shall be assessed a one (1%) percent fee each month when any one of the
performance standards outlined above are not met in full. The Contractor shall be assessed a two
(2%) percent profit fee each month when any two (2) or more performance standards outlined
above are not met in full. At the end of each month, the City will review the monthly reports and
determine the percentage of penalty to be assessed to the Contractor’s monthly profit margin.
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Exhibit C
City of Denton
Standard Purchase Terms and Conditions
These standard Terms and Conditions and the Terms and Conditions, Specifications, Drawings
and other requirements included in the City of Denton’s contract are applicable to
contracts/purchase orders issued by the City of Denton hereinafter referred to as the City or Buyer
and the Seller or respondent herein after referred to as Contractor or Supplier. Any deviations must
be in writing and signed by a representative of the City’s Procurement Department and the
Supplier. No Terms and Conditions contained in the seller’s proposal response, invoice or
statement shall serve to modify the terms set forth herein. If there is a conflict between the
provisions on the face of the contract/purchase order these written provisions will take precedence.
The Contractor agrees that the contract shall be governed by the following terms and conditions,
unless exceptions are duly noted and fully negotiated. Unless otherwise specified in the contract,
Sections 3, 4, 5, 6, 7, 8, 20, 21, and 36 shall apply only to a solicitation to purchase goods, and
sections 9, 10, 11, 22 and 32 shall apply only to a solicitation to purchase services to be performed
principally at the City’s premises or on public rights-of-way.
1. CONTRACTOR’S OBLIGATIONS. The Contractor shall fully and timely provide all
deliverables described in the Solicitation and in the Contractor’s Offer in strict accordance with
the terms, covenants, and conditions of the Contract and all applicable Federal, State, and local
laws, rules, and regulations.
2. EFFECTIVE DATE/TERM. Unless otherwise specified in the Solicitation, this Contract shall
be effective as of the date the contract is signed by the City, and shall continue in effect until all
obligations are performed in accordance with the Contract.
3. CONTRACTOR TO PACKAGE DELIVERABLES: The Contractor will package
deliverables in accordance with good commercial practice and shall include a packing list showing
the description of each item, the quantity and unit price unless otherwise provided in the
Specifications or Supplemental Terms and Conditions, each shipping container shall be clearly
and permanently marked as follows: (a) The Contractor's name and address, (b) the City’s name,
address and purchase order or purchase release number and the price agreement number if
applicable, (c) Container number and total number of containers, e.g. box 1 of 4 boxes, and (d) the
number of the container bearing the packing list. The Contractor shall bear cost of packaging.
Deliverables shall be suitably packed to secure lowest transportation costs and to conform to all
the requirements of common carriers and any applicable specification. The City's count or weight
shall be final and conclusive on shipments not accompanied by packing lists.
4. SHIPMENT UNDER RESERVATION PROHIBITED: The Contractor is not authorized to
ship the deliverables under reservation and no tender of a bill of lading will operate as a tender of
deliverables.
5. TITLE & RISK OF LOSS: Title to and risk of loss of the deliverables shall pass to the City
only when the City actually receives and accepts the deliverables.
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6. DELIVERY TERMS AND TRANSPORTATION CHARGES: Deliverables shall be
shipped F.O.B. point of delivery unless otherwise specified in the Supplemental Terms and
Conditions. Unless otherwise stated in the Offer, the Contractor’s price shall be deemed to include
all delivery and transportation charges. The City shall have the right to designate what method of
transportation shall be used to ship the deliverables. The place of delivery shall be that set forth
the purchase order.
7. RIGHT OF INSPECTION AND REJECTION: The City expressly reserves all rights under
law, including, but not limited to the Uniform Commercial Code, to inspect the deliverables at
delivery before accepting them, and to reject defective or non-conforming deliverables. If the City
has the right to inspect the Contractor’s, or the Contractor’s Subcontractor’s, facilities, or the
deliverables at the Contractor’s, or the Contractor’s Subcontractor’s, premises, the Contractor shall
furnish, or cause to be furnished, without additional charge, all reasonable facilities and assistance
to the City to facilitate such inspection.
8. NO REPLACEMENT OF DEFECTIVE TENDER: Every tender or delivery of deliverables
must fully comply with all provisions of the Contract as to time of delivery, quality, and quantity.
Any non-complying tender shall constitute a breach and the Contractor shall not have the right to
substitute a conforming tender; provided, where the time for performance has not yet expired, the
Contractor may notify the City of the intention to cure and may then make a conforming tender
within the time allotted in the contract.
9. PLACE AND CONDITION OF WORK: The City shall provide the Contractor access to the
sites where the Contractor is to perform the services as required in order for the Contractor to
perform the services in a timely and efficient manner, in accordance with and subject to the
applicable security laws, rules, and regulations. The Contractor acknowledges that it has satisfied
itself as to the nature of the City’s service requirements and specifications, the location and
essential characteristics of the work sites, the quality and quantity of materials, equipment, labor
and facilities necessary to perform the services, and any other condition or state of fact which could
in any way affect performance of the Contractor’s obligations under the contract. The Contractor
hereby releases and holds the City harmless from and against any liability or claim for damages of
any kind or nature if the actual site or service conditions differ from expected conditions.
The contractor shall, at all times, exercise reasonable precautions for the safety of their employees,
City Staff, participants and others on or near the City’s facilities.
10. WORKFORCE
A. The Contractor shall employ only orderly and competent workers, skilled in the performance
of the services which they will perform under the Contract.
B. The Contractor, its employees, subcontractors, and subcontractor's employees may not while
engaged in participating or responding to a solicitation or while in the course and scope of
delivering goods or services under a City of Denton contract or on the City's property .
i. use or possess a firearm, including a concealed handgun that is licensed under state law,
except as required by the terms of the contract; or
ii. use or possess alcoholic or other intoxicating beverages, illegal drugs or controlled
substances, nor may such workers be intoxicated, or under the influence of alcohol or drugs, on
the job.
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C. If the City or the City's representative notifies the Contractor that any worker is incompetent,
disorderly or disobedient, has knowingly or repeatedly violated safety regulations, has possessed
any firearms, or has possessed or was under the influence of alcohol or drugs on the job, the
Contractor shall immediately remove such worker from Contract services, and may not employ
such worker again on Contract services without the City's prior written consent.
Immigration: The Contractor represents and warrants that it shall comply with the requirements
of the Immigration Reform and Control Act of 1986 and 1990 regarding employment verification
and retention of verification forms for any individuals hired on or after November 6, 1986, who
will perform any labor or services under the Contract and the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (“IIRIRA) enacted on September 30, 1996.
11. COMPLIANCE WITH HEALTH, SAFETY, AND ENVIRONMENTAL
REGULATIONS: The Contractor, it’s Subcontractors, and their respective employees, shall
comply fully with all applicable federal, state, and local health, safety, and environmental laws,
ordinances, rules and regulations in the performance of the services, including but not limited to
those promulgated by the City and by the Occupational Safety and Health Administration (OSHA).
In case of conflict, the most stringent safety requirement shall govern. The Contractor shall
indemnify and hold the City harmless from and against all claims, demands, suits, actions,
judgments, fines, penalties and liability of every kind arising from the breach of the Contractor’s
obligations under this paragraph.
Environmental Protection: The Respondent shall be in compliance with all applicable standards,
orders, or regulations issued pursuant to the mandates of the Clean Air Act (42 U.S.C. §7401 et
seq.) and the Federal Water Pollution Control Act, as amended, (33 U.S.C. §1251 et seq.).
12. INVOICES:
A. The Contractor shall submit separate invoices in duplicate on each purchase order or purchase
release after each delivery. If partial shipments or deliveries are authorized by the City, a separate
invoice must be sent for each shipment or delivery made.
B. Proper Invoices must include a unique invoice number, the purchase order or delivery
order number and the master agreement number if applicable, the Department’s Name, and
the name of the point of contact for the Department. Invoices shall be itemized and
transportation charges, if any, shall be listed separately. A copy of the bill of lading and the freight
waybill, when applicable, shall be attached to the invoice. The Contractor’s name, remittance
address and, if applicable, the tax identification number on the invoice must exactly match the
information in the Vendor’s registration with the City. Unless otherwise instructed in writing, the
City may rely on the remittance address specified on the Contractor’s invoice.
C. Invoices for labor shall include a copy of all time-sheets with trade labor rate and deliverables
order number clearly identified. Invoices shall also include a tabulation of work-hours at the
appropriate rates and grouped by work order number. Time billed for labor shall be limited to
hours actually worked at the work site.
D. Unless otherwise expressly authorized in the Contract, the Contractor shall pass through all
Subcontract and other authorized expenses at actual cost without markup.
E. Federal excise taxes, State taxes, or City sales taxes must not be included in the invoiced
amount.
The City will furnish a tax exemption certificate upon request.
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13. PAYMENT:
A. All proper invoices need to be sent to Accounts Payable. Approved invoices will be paid within
thirty (30) calendar days of the City’s receipt of the deliverables or of the invoice being received
in Accounts Payable, whichever is later.
B. If payment is not timely made, (per paragraph A); interest shall accrue on the unpaid
balance at the lesser of the rate specified in Texas Government Code Section 2251.025 or the
maximum lawful rate; except, if payment is not timely made for a reason for which the City
may withhold payment hereunder, interest shall not accrue until ten (10) calendar days after
the grounds for withholding payment have been resolved.
C. If partial shipments or deliveries are authorized by the City, the Contractor will be paid for the
partial shipment or delivery, as stated above, provided that the invoice matches the shipment or
delivery.
D. The City may withhold or set off the entire payment or part of any payment otherwise due the
Contractor to such extent as may be necessary on account of:
i. delivery of defective or non-conforming deliverables by the Contractor;
ii. third party claims, which are not covered by the insurance which the Contractor is
required to provide, are filed or reasonable evidence indicating probable filing of such
claims;
iii. failure of the Contractor to pay Subcontractors, or for labor, materials or equipment;
iv. damage to the property of the City or the City’s agents, employees or contractors,
which is not covered by insurance required to be provided by the Contractor;
v. reasonable evidence that the Contractor’s obligations will not be completed within the
time specified in the Contract, and that the unpaid balance would not be adequate to cover
actual or damages for the anticipated delay;
vi. failure of the Contractor to submit proper invoices with purchase order number, with all
required attachments and supporting documentation; or
vii. failure of the Contractor to comply with any material provision of the Contract
Documents.
E. Notice is hereby given that any awarded firm who is in arrears to the City of Denton for
delinquent taxes, the City may offset indebtedness owed the City through payment withholding.
F. Payment will be made by check unless the parties mutually agree to payment by credit card or
electronic transfer of funds. The Contractor agrees that there shall be no additional charges,
surcharges, or penalties to the City for payments made by credit card or electronic funds transfer.
G. The awarding or continuation of this contract is dependent upon the availability of funding. The
City’s payment obligations are payable only and solely from funds Appropriated and available for
this contract. The absence of Appropriated or other lawfully available funds shall render the
Contract null and void to the extent funds are not Appropriated or available and any deliverables
delivered but unpaid shall be returned to the Contractor. The City shall provide the Contractor
written notice of the failure of the City to make an adequate Appropriation for any fiscal year to
pay the amounts due under the Contract, or the reduction of any Appropriation to an amount
insufficient to permit the City to pay its obligations under the Contract. In the event of none or
inadequate appropriation of funds, there will be no penalty nor removal fees charged to the City.
14. TRAVEL EXPENSES: All travel, lodging and per diem expenses in connection with the
Contract shall be paid by the Contractor, unless otherwise stated in the contract terms. During the
term of this contract, the contractor shall bill and the City shall reimburse contractor for all
reasonable and approved out of pocket expenses which are incurred in the connection with the
performance of duties hereunder. Notwithstanding the foregoing, expenses for the time spent by
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the contractor in traveling to and from City facilities shall not be reimbursed, unless otherwise
negotiated.
15. FINAL PAYMENT AND CLOSE-OUT:
A. If a DBE/MBE/WBE Program Plan is agreed to and the Contractor has identified
Subcontractors, the Contractor is required to submit a Contract Close-Out MBE/WBE Compliance
Report to the Purchasing Manager no later than the 15th calendar day after completion of all work
under the contract. Final payment, retainage, or both may be withheld if the Contractor is not in
compliance with the requirements as accepted by the City.
B. The making and acceptance of final payment will constitute:
i. a waiver of all claims by the City against the Contractor, except claims (1) which have
been previously asserted in writing and not yet settled, (2) arising from defective work appearing
after final inspection, (3) arising from failure of the Contractor to comply with the Contract or the
terms of any warranty specified herein, (4) arising from the Contractor’s continuing obligations
under the Contract, including but not limited to indemnity and warranty obligations, or (5) arising
under the City’s right to audit; and ii. a waiver of all claims by the Contractor against the City
other than those previously asserted in writing and not yet settled.
16. SPECIAL TOOLS & TEST EQUIPMENT: If the price stated on the Offer includes the cost
of any special tooling or special test equipment fabricated or required by the Contractor for the
purpose of filling this order, such special tooling equipment and any process sheets related thereto
shall become the property of the City and shall be identified by the Contractor as such.
17. RIGHT TO AUDIT:
A. The City shall have the right to audit and make copies of the books, records and computations
pertaining to the Contract. The Contractor shall retain such books, records, documents and other
evidence pertaining to the Contract period and five years thereafter, except if an audit is in progress
or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are
completed and resolved. These books, records, documents and other evidence shall be available,
within ten (10) business days of written request. Further, the Contractor shall also require all
Subcontractors, material suppliers, and other payees to retain all books, records, documents and
other evidence pertaining to the Contract, and to allow the City similar access to those documents.
All books and records will be made available within a 50 mile radius of the City of Denton. The
cost of the audit will be borne by the City unless the audit reveals an overpayment of 1% or greater.
If an overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel
costs, must be borne by the Contractor which must be payable within five (5) business days of
receipt of an invoice.
B. Failure to comply with the provisions of this section shall be a material breach of the Contract
and shall constitute, in the City’s sole discretion, grounds for termination thereof. Each of the
terms “books”, “records”, “documents” and “other evidence”, as used above, shall be construed to
include drafts and electronic files, even if such drafts or electronic files are subsequently used to
generate or prepare a final printed document.
18. SUBCONTRACTORS:
A. If the Contractor identified Subcontractors in a DBE/MBE/WBE agreed to Plan, the Contractor
shall comply with all requirements approved by the City. The Contractor shall not initially employ
any Subcontractor except as provided in the Contractor’s Plan. The Contractor shall not substitute
any Subcontractor identified in the Plan, unless the substitute has been accepted by the City in
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writing. No acceptance by the City of any Subcontractor shall constitute a waiver of any rights or
remedies of the City with respect to defective deliverables provided by a Subcontractor. If a Plan
has been approved, the Contractor is additionally required to submit a monthly Subcontract
Awards and Expenditures Report to the Procurement Manager, no later than the tenth calendar day
of each month.
B. Work performed for the Contractor by a Subcontractor shall be pursuant to a written contract
between the Contractor and Subcontractor. The terms of the subcontract may not conflict with the
terms of the
Contract, and shall contain provisions that:
i. require that all deliverables to be provided by the Subcontractor be provided in strict
accordance with the provisions, specifications and terms of the Contract;
ii. prohibit the Subcontractor from further subcontracting any portion of the Contract
without the prior written consent of the City and the Contractor. The City may require, as
a condition to such further subcontracting, that the Subcontractor post a payment bond in
form, substance and amount acceptable to the City;
iii. require Subcontractors to submit all invoices and applications for payments, including
any claims for additional payments, damages or otherwise, to the Contractor in sufficient
time to enable the Contractor to include same with its invoice or application for payment
to the City in accordance with the terms of the Contract;
iv. require that all Subcontractors obtain and maintain, throughout the term of their
contract, insurance in the type and amounts specified for the Contractor, with the City being
a named insured as its interest shall appear; and
v. require that the Subcontractor indemnify and hold the City harmless to the same extent
as the Contractor is required to indemnify the City.
C. The Contractor shall be fully responsible to the City for all acts and omissions of the
Subcontractors just as the Contractor is responsible for the Contractor's own acts and omissions.
Nothing in the Contract shall create for the benefit of any such Subcontractor any contractual
relationship between the City and any such Subcontractor, nor shall it create any obligation on the
part of the City to pay or to see to the payment of any moneys due any such Subcontractor except
as may otherwise be required by law.
D. The Contractor shall pay each Subcontractor its appropriate share of payments made to the
Contractor not later than ten (10) calendar days after receipt of payment from the City.
19. WARRANTY-PRICE:
A. The Contractor warrants the prices quoted in the Offer are no higher than the Contractor's
current prices on orders by others for like deliverables under similar terms of purchase.
B. The Contractor certifies that the prices in the Offer have been arrived at independently without
consultation, communication, or agreement for the purpose of restricting competition, as to any
matter relating to such fees with any other firm or with any competitor.
C. In addition to any other remedy available, the City may deduct from any amounts owed to the
Contractor, or otherwise recover, any amounts paid for items in excess of the Contractor's current
prices on orders by others for like deliverables under similar terms of purchase.
20. WARRANTY – TITLE: The Contractor warrants that it has good and indefeasible title to all
deliverables furnished under the Contract, and that the deliverables are free and clear of all liens,
claims, security interests and encumbrances. The Contractor shall indemnify and hold the City
harmless from and against all adverse title claims to the deliverables.
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21. WARRANTY – DELIVERABLES: The Contractor warrants and represents that all
deliverables sold the City under the Contract shall be free from defects in design, workmanship or
manufacture, and conform in all material respects to the specifications, drawings, and descriptions
in the Solicitation, to any samples furnished by the Contractor, to the terms, covenants and
conditions of the Contract, and to all applicable State, Federal or local laws, rules, and regulations,
and industry codes and standards. Unless otherwise stated in the Solicitation, the deliverables shall
be new or recycled merchandise, and not used or reconditioned.
A. Recycled deliverables shall be clearly identified as such.
B. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty
implied by law; and any attempt to do so shall be without force or effect.
C. Unless otherwise specified in the Contract, the warranty period shall be at least one year from
the date of acceptance of the deliverables or from the date of acceptance of any replacement
deliverables. If during the warranty period, one or more of the above warranties are breached, the
Contractor shall promptly upon receipt of demand either repair the non-conforming deliverables,
or replace the non-conforming deliverables with fully conforming deliverables, at the City’s option
and at no additional cost to the City. All costs incidental to such repair or replacement, including
but not limited to, any packaging and shipping costs shall be borne exclusively by the Contractor.
The City shall endeavor to give the Contractor written notice of the breach of warranty within
thirty (30) calendar days of discovery of the breach of warranty, but failure to give timely notice
shall not impair the City’s rights under this section.
D. If the Contractor is unable or unwilling to repair or replace defective or non-conforming
deliverables as required by the City, then in addition to any other available remedy, the City may
reduce the quantity of deliverables it may be required to purchase under the Contract from the
Contractor, and purchase conforming deliverables from other sources. In such event, the
Contractor shall pay to the City upon demand the increased cost, if any, incurred by the City to
procure such deliverables from another source.
E. If the Contractor is not the manufacturer, and the deliverables are covered by a separate
manufacturer’s warranty, the Contractor shall transfer and assign such manufacturer’s warranty to
the City. If for any reason the manufacturer’s warranty cannot be fully transferred to the City, the
Contractor shall assist and cooperate with the City to the fullest extent to enforce such
manufacturer’s warranty for the benefit of the City.
22. WARRANTY – SERVICES: The Contractor warrants and represents that all services to be
provided the City under the Contract will be fully and timely performed in a good and workmanlike
manner in accordance with generally accepted industry standards and practices, the terms,
conditions, and covenants of the Contract, and all applicable Federal, State and local laws, rules
or regulations.
A. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty
implied by law, and any attempt to do so shall be without force or effect.
B. Unless otherwise specified in the Contract, the warranty period shall be at least one year from
the Acceptance Date. If during the warranty period, one or more of the above warranties are
breached, the Contractor shall promptly upon receipt of demand perform the services again in
accordance with above standard at no additional cost to the City. All costs incidental to such
additional performance shall be borne by the Contractor. The City shall endeavor to give the
Contractor written notice of the breach of warranty within thirty (30) calendar days of discovery
of the breach warranty, but failure to give timely notice shall not impair the City’s rights under
this section.
C. If the Contractor is unable or unwilling to perform its services in accordance with the above
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standard as required by the City, then in addition to any other available remedy, the City may
reduce the amount of services it may be required to purchase under the Contract from the
Contractor, and purchase conforming services from other sources. In such event, the Contractor
shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such
services from another source.
23. ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING DELIVERABLES: If,
instead of requiring immediate correction or removal and replacement of defective or non-
conforming deliverables, the City prefers to accept it, the City may do so. The Contractor shall pay
all claims, costs, losses and damages attributable to the City’s evaluation of and determination to
accept such defective or non-conforming deliverables. If any such acceptance occurs prior to final
payment, the City may deduct such amounts as are necessary to compensate the City for the
diminished value of the defective or non-conforming deliverables. If the acceptance occurs after
final payment, such amount will be refunded to the City by the Contractor.
24. RIGHT TO ASSURANCE: Whenever one party to the Contract in good faith has reason to
question the other party’s intent to perform, demand may be made to the other party for written
assurance of the intent to perform. In the event that no assurance is given within the time specified
after demand is made, the demanding party may treat this failure as an anticipatory repudiation of
the Contract.
25. STOP WORK NOTICE: The City may issue an immediate Stop Work Notice in the event
the Contractor is observed performing in a manner that is in violation of Federal, State, or local
guidelines, or in a manner that is determined by the City to be unsafe to either life or property.
Upon notification, the Contractor will cease all work until notified by the City that the violation or
unsafe condition has been corrected. The Contractor shall be liable for all costs incurred by the
City as a result of the issuance of such Stop Work Notice.
26. DEFAULT: The Contractor shall be in default under the Contract if the Contractor (a) fails to
fully, timely and faithfully perform any of its material obligations under the Contract, (b) fails to
provide adequate assurance of performance under Paragraph 24, (c) becomes insolvent or seeks
relief under the bankruptcy laws of the United States or (d) makes a material misrepresentation in
Contractor’s Offer, or in any report or deliverable required to be submitted by the Contractor to
the City.
27. TERMINATION FOR CAUSE: In the event of a default by the Contractor, the City shall
have the right to terminate the Contract for cause, by written notice effective ten (10) calendar
days, unless otherwise specified, after the date of such notice, unless the Contractor, within such
ten (10) day period, cures such default, or provides evidence sufficient to prove to the City’s
reasonable satisfaction that such default does not, in fact, exist. In addition to any other remedy
available under law or in equity, the City shall be entitled to recover all actual damages, costs,
losses and expenses, incurred by the City as a result of the Contractor’s default, including, without
limitation, cost of cover, reasonable attorneys’ fees, court costs, and prejudgment and post-
judgment interest at the maximum lawful rate. Additionally, in the event of a default by the
Contractor, the City may remove the Contractor from the City’s vendor list for three (3) years and
any Offer submitted by the Contractor may be disqualified for up to three (3) years. All rights and
remedies under the Contract are cumulative and are not exclusive of any other right or remedy
provided by law.
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28. TERMINATION WITHOUT CAUSE: The City shall have the right to terminate the
Contract, in whole or in part, without cause any time upon thirty (30) calendar days’ prior written
notice. Upon receipt of a notice of termination, the Contractor shall promptly cease all further work
pursuant to the Contract, with such exceptions, if any, specified in the notice of termination. The
City shall pay the Contractor, to the extent of funds Appropriated or otherwise legally available
for such purposes, for all goods delivered and services performed and obligations incurred prior to
the date of termination in accordance with the terms hereof.
29. FRAUD: Fraudulent statements by the Contractor on any Offer or in any report or deliverable
required to be submitted by the Contractor to the City shall be grounds for the termination of the
Contract for cause by the City and may result in legal action.
30. DELAYS:
A. The City may delay scheduled delivery or other due dates by written notice to the Contractor if
the City deems it is in its best interest. If such delay causes an increase in the cost of the work
under the Contract, the City and the Contractor shall negotiate an equitable adjustment for costs
incurred by the Contractor in the Contract price and execute an amendment to the Contract. The
Contractor must assert its right to an adjustment within thirty (30) calendar days from the date of
receipt of the notice of delay. Failure to agree on any adjusted price shall be handled under the
Dispute Resolution process specified in paragraph 49. However, nothing in this provision shall
excuse the Contractor from delaying the delivery as notified.
B. Neither party shall be liable for any default or delay in the performance of its obligations under
this Contract if, while and to the extent such default or delay is caused by acts of God, fire, riots,
civil commotion, labor disruptions, sabotage, sovereign conduct, or any other cause beyond the
reasonable control of such Party. In the event of default or delay in contract performance due to
any of the foregoing causes, then the time for completion of the services will be extended;
provided, however, in such an event, a conference will be held within three (3) business days to
establish a mutually agreeable period of time reasonably necessary to overcome the effect of such
failure to perform.
31. INDEMNITY:
A. Definitions:
i. "Indemnified Claims" shall include any and all claims, demands, suits, causes of action,
judgments and liability of every character, type or description, including all reasonable
costs and expenses of litigation, mediation or other alternate dispute resolution mechanism,
including attorney and other professional fees for: (1) damage to or loss of the property of
any person (including, but not limited to the City, the Contractor, their respective agents,
officers, employees and subcontractors; the officers, agents, and employees of such
subcontractors; and third parties); and/or (2) death, bodily injury, illness, disease, worker's
compensation, loss of services, or loss of income or wages to any person (including but not
limited to the agents, officers and employees of the City, the Contractor, the Contractor’s
subcontractors, and third parties), ii. "Fault" shall include the sale of defective or non-
conforming deliverables, negligence, willful misconduct or a breach of any legally imposed
strict liability standard.
B. THE CONTRACTOR SHALL DEFEND (AT THE OPTION OF THE CITY),
INDEMNIFY, AND HOLD THE CITY, ITS SUCCESSORS, ASSIGNS, OFFICERS,
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EMPLOYEES AND ELECTED OFFICIALS HARMLESS FROM AND AGAINST ALL
INDEMNIFIED CLAIMS DIRECTLY ARISING OUT OF, INCIDENT TO,
CONCERNING OR RESULTING FROM THE FAULT OF THE CONTRACTOR, OR
THE CONTRACTOR'S AGENTS, EMPLOYEES OR SUBCONTRACTORS, IN THE
PERFORMANCE OF THE CONTRACTOR’S OBLIGATIONS UNDER THE
CONTRACT. NOTHING HEREIN SHALL BE DEEMED TO LIMIT THE RIGHTS OF
THE CITY OR THE CONTRACTOR (INCLUDING, BUT NOT LIMITED TO, THE
RIGHT TO SEEK CONTRIBUTION) AGAINST ANY THIRD PARTY WHO MAY BE
LIABLE FOR AN INDEMNIFIED CLAIM.
32. INSURANCE: The following insurance requirements are applicable, in addition to the specific
insurance requirements detailed in Appendix A for services only. The successful firm shall procure
and maintain insurance of the types and in the minimum amounts acceptable to the City of Denton.
The insurance shall be written by a company licensed to do business in the State of Texas and
satisfactory to the City of Denton.
A. General Requirements:
i. The Contractor shall at a minimum carry insurance in the types and amounts indicated
and agreed to, as submitted to the City and approved by the City within the procurement
process, for the duration of the Contract, including extension options and hold over periods,
and during any warranty period.
ii. The Contractor shall provide Certificates of Insurance with the coverage’s and
endorsements required to the City as verification of coverage prior to contract execution
and within fourteen (14) calendar days after written request from the City. Failure to
provide the required Certificate of Insurance may subject the Offer to disqualification from
consideration for award. The Contractor must also forward a Certificate of Insurance to the
City whenever a previously identified policy period has expired, or an extension option or
hold over period is exercised, as verification of continuing coverage.
iii. The Contractor shall not commence work until the required insurance is obtained and
until such insurance has been reviewed by the City. Approval of insurance by the City shall
not relieve or decrease the liability of the Contractor hereunder and shall not be construed
to be a limitation of liability on the part of the Contractor.
iv. The Contractor must submit certificates of insurance to the City for all subcontractors
prior to the subcontractors commencing work on the project.
v. The Contractor’s and all subcontractors’ insurance coverage shall be written by
companies licensed to do business in the State of Texas at the time the policies are issued
and shall be written by companies with A.M. Best ratings of A- VII or better. The City
will accept workers’ compensation coverage written by the Texas Workers’ Compensation
Insurance Fund.
vi. All endorsements naming the City as additional insured, waivers, and notices of
cancellation endorsements as well as the Certificate of Insurance shall contain the
solicitation number and the following information:
City of Denton
Materials Management Department
901B Texas Street
Denton, Texas 76209
vii. The “other” insurance clause shall not apply to the City where the City is an additional
insured shown on any policy. It is intended that policies required in the Contract, covering
both the City and the Contractor, shall be considered primary coverage as applicable.
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viii. If insurance policies are not written for amounts agreed to with the City, the Contractor
shall carry Umbrella or Excess Liability Insurance for any differences in amounts specified.
If Excess Liability Insurance is provided, it shall follow the form of the primary coverage.
ix. The City shall be entitled, upon request, at an agreed upon location, and without
expense, to review certified copies of policies and endorsements thereto and may make any
reasonable requests for deletion or revision or modification of particular policy terms,
conditions, limitations, or exclusions except where policy provisions are established by law
or regulations binding upon either of the parties hereto or the underwriter on any such
policies.
x. The City reserves the right to review the insurance requirements set forth during the
effective period of the Contract and to make reasonable adjustments to insurance coverage,
limits, and exclusions when deemed necessary and prudent by the City based upon changes
in statutory law, court decisions, the claims history of the industry or financial condition
of the insurance company as well as the Contractor.
xi. The Contractor shall not cause any insurance to be canceled nor permit any insurance
to lapse during the term of the Contract or as required in the Contract.
xii. The Contractor shall be responsible for premiums, deductibles and self-insured
retentions, if any, stated in policies. All deductibles or self-insured retentions shall be
disclosed on the Certificate of Insurance.
xiii. The Contractor shall endeavor to provide the City thirty (30) calendar days’ written
notice of erosion of the aggregate limits below occurrence limits for all applicable
coverage’s indicated within the Contract.
xiv. The insurance coverage’s specified in within the solicitation and requirements are
required minimums and are not intended to limit the responsibility or liability of the
Contractor.
B. Specific Coverage Requirements: Specific insurance requirements are contained in the
solicitation instrument.
33. CLAIMS: If any claim, demand, suit, or other action is asserted against the Contractor which
arises under or concerns the Contract, or which could have a material adverse effect on the
Contractor’s ability to perform thereunder, the Contractor shall give written notice thereof to the
City within ten (10) calendar days after receipt of notice by the Contractor. Such notice to the City
shall state the date of notification of any such claim, demand, suit, or other action; the names and
addresses of the claimant(s); the basis thereof; and the name of each person against whom such
claim is being asserted. Such notice shall be delivered personally or by mail and shall be sent to
the City and to the Denton City Attorney. Personal delivery to the City Attorney shall be to City
Hall, 215 East McKinney Street, Denton, Texas 76201.
34. NOTICES: Unless otherwise specified, all notices, requests, or other communications required
or appropriate to be given under the Contract shall be in writing and shall be deemed delivered
three (3) business days after postmarked if sent by U.S. Postal Service Certified or Registered
Mail, Return Receipt Requested. Notices delivered by other means shall be deemed delivered upon
receipt by the addressee. Routine communications may be made by first class mail, telefax, or
other commercially accepted means. Notices to the Contractor shall be sent to the address specified
in the Contractor’s Offer, or at such other address as a party may notify the other in writing. Notices
to the City shall be addressed to the City at 901B Texas Street, Denton, Texas 76209 and marked
to the attention of the Purchasing Manager.
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35. RIGHTS TO BID, PROPOSAL AND CONTRACTUAL MATERIAL: All material
submitted by the Contractor to the City shall become property of the City upon receipt. Any
portions of such material claimed by the Contractor to be proprietary must be clearly marked as
such. Determination of the public nature of the material is subject to the Texas Public Information
Act, Chapter 552, and Texas Government Code.
36. NO WARRANTY BY CITY AGAINST INFRINGEMENTS: The Contractor represents
and warrants to the City that: (i) the Contractor shall provide the City good and indefeasible title
to the deliverables and (ii) the deliverables supplied by the Contractor in accordance with the
specifications in the Contract will not infringe, directly or contributorily, any patent, trademark,
copyright, trade secret, or any other intellectual property right of any kind of any third party; that
no claims have been made by any person or entity with respect to the ownership or operation of
the deliverables and the Contractor does not know of any valid basis for any such claims. The
Contractor shall, at its sole expense, defend, indemnify, and hold the City harmless from and
against all liability, damages, and costs (including court costs and reasonable fees of attorneys and
other professionals) arising out of or resulting from: (i) any claim that the City’s exercise anywhere
in the world of the rights associated with the City’s’ ownership, and if applicable, license rights,
and its use of the deliverables infringes the intellectual property rights of any third party; or (ii)
the Contractor’s breach of any of Contractor’s representations or warranties stated in this Contract.
In the event of any such claim, the City shall have the right to monitor such claim or at its option
engage its own separate counsel to act as co-counsel on the City’s behalf. Further, Contractor
agrees that the City’s specifications regarding the deliverables shall in no way diminish
Contractor’s warranties or obligations under this paragraph and the City makes no warranty that
the production, development, or delivery of such deliverables will not impact such warranties of
Contractor.
37. CONFIDENTIALITY: In order to provide the deliverables to the City, Contractor may
require access to certain of the City’s and/or its licensors’ confidential information (including
inventions, employee information, trade secrets, confidential know-how, confidential business
information, and other information which the City or its licensors consider confidential)
(collectively, “Confidential Information”). Contractor acknowledges and agrees that the
Confidential Information is the valuable property of the City and/or its licensors and any
unauthorized use, disclosure, dissemination, or other release of the Confidential Information will
substantially injure the City and/or its licensors. The Contractor (including its employees,
subcontractors, agents, or representatives) agrees that it will maintain the Confidential Information
in strict confidence and shall not disclose, disseminate, copy, divulge, recreate, or otherwise use
the Confidential Information without the prior written consent of the City or in a manner not
expressly permitted under this Agreement, unless the Confidential Information is required to be
disclosed by law or an order of any court or other governmental authority with proper jurisdiction,
provided the Contractor promptly notifies the City before disclosing such information so as to
permit the City reasonable time to seek an appropriate protective order. The Contractor agrees to
use protective measures no less stringent than the Contractor uses within its own business to protect
its own most valuable information, which protective measures shall under all circumstances be at
least reasonable measures to ensure the continued confidentiality of the Confidential Information.
38. OWNERSHIP AND USE OF DELIVERABLES: The City shall own all rights, titles, and
interests throughout the world in and to the deliverables.
A. Patents. As to any patentable subject matter contained in the deliverables, the Contractor agrees
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to disclose such patentable subject matter to the City. Further, if requested by the City, the
Contractor agrees to assign and, if necessary, cause each of its employees to assign the entire right,
title, and interest to specific inventions under such patentable subject matter to the City and to
execute, acknowledge, and deliver and, if necessary, cause each of its employees to execute,
acknowledge, and deliver an assignment of letters patent, in a form to be reasonably approved by
the City, to the City upon request by the City.
B. Copyrights. As to any deliverables containing copyrightable subject matter, the Contractor
agrees that upon their creation, such deliverables shall be considered as work made-for-hire by the
Contractor for the City and the City shall own all copyrights in and to such deliverables, provided
however, that nothing in this Paragraph 38 shall negate the City’s sole or joint ownership of any
such deliverables arising by virtue of the City’s sole or joint authorship of such deliverables.
Should by operation of law, such deliverables not be considered works made-for-hire, the
Contractor hereby assigns to the City (and agrees to cause each of its employees providing services
to the City hereunder to execute, acknowledge, and deliver an assignment to the City of) all
worldwide right, title, and interest in and to such deliverables. With respect to such work made-
for-hire, the Contractor agrees to execute, acknowledge, and deliver and cause each of its
employees providing services to the City hereunder to execute, acknowledge, and deliver a work-
made-for-hire agreement, in a form to be reasonably approved by the City, to the City upon
delivery of such deliverables to the City or at such other time as the City may request.
C. Additional Assignments. The Contractor further agrees to, and if applicable, cause each of its
employees to, execute, acknowledge, and deliver all applications, specifications, oaths,
assignments, and all other instruments which the City might reasonably deem necessary in order
to apply for and obtain copyright protection, mask work registration, trademark registration and/or
protection, letters patent, or any similar rights in any and all countries and in order to assign and
convey to the City, its successors, assigns and nominees, the sole and exclusive right, title, and
interest in and to the deliverables. The Contractor’s obligations to execute, acknowledge, and
deliver (or cause to be executed, acknowledged, and delivered) instruments or papers such as those
described in this Paragraph 38 a., b., and c. shall continue after the termination of this Contract
with respect to such deliverables. In the event the City should not seek to obtain copyright
protection, mask work registration or patent protection for any of the deliverables, but should
desire to keep the same secret, the Contractor agrees to treat the same as Confidential Information
under the terms of Paragraph 37 above.
39. PUBLICATIONS: All published material and written reports submitted under the Contract
must be originally developed material unless otherwise specifically provided in the Contract.
When material not originally developed is included in a report in any form, the source shall be
identified.
40. ADVERTISING: The Contractor shall not advertise or publish, without the City’s prior
consent, the fact that the City has entered into the Contract, except to the extent required by law.
41. NO CONTINGENT FEES: The Contractor warrants that no person or selling agency has
been employed or retained to solicit or secure the Contract upon any agreement or understanding
for commission, percentage, brokerage, or contingent fee, excepting bona fide employees of bona
fide established commercial or selling agencies maintained by the Contractor for the purpose of
securing business. For breach or violation of this warranty, the City shall have the right, in addition
to any other remedy available, to cancel the Contract without liability and to deduct from any
amounts owed to the Contractor, or otherwise recover, the full amount of such commission,
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percentage, brokerage or contingent fee.
42. GRATUITIES: The City may, by written notice to the Contractor, cancel the Contract without
liability if it is determined by the City that gratuities were offered or given by the Contractor or
any agent or representative of the Contractor to any officer or employee of the City of Denton with
a view toward securing the Contract or securing favorable treatment with respect to the awarding
or amending or the making of any determinations with respect to the performing of such contract.
In the event the Contract is canceled by the City pursuant to this provision, the City shall be
entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost
incurred by the Contractor in providing such gratuities.
43. PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS: No officer,
employee, independent consultant, or elected official of the City who is involved in the
development, evaluation, or decision-making process of the performance of any solicitation shall
have a financial interest, direct or indirect, in the Contract resulting from that solicitation 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.
44. INDEPENDENT CONTRACTOR: The Contract shall not be construed as creating an
employer/employee relationship, a partnership, or a joint venture. The Contractor’s services shall
be those of an independent contractor. The Contractor agrees and understands that the Contract
does not grant any rights or privileges established for employees of the City of Denton, Texas for
the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits,
worker’s compensation, or any other City employee benefit. The City shall not have supervision and
control of the Contractor or any employee of the Contractor, and it is expressly understood that
Contractor shall perform the services hereunder according to the attached specifications at the general
direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. The
contractor is expressly free to advertise and perform services for other parties while performing
services for the City.
45. ASSIGNMENT-DELEGATION: The Contract shall be binding upon and ensure to the
benefit of the City and the Contractor and their respective successors and assigns, provided
however, that no right or interest in the Contract shall be assigned and no obligation shall be
delegated by the Contractor without the prior written consent of the City. Any attempted
assignment or delegation by the Contractor shall be void unless made in conformity with this
paragraph. The Contract is not intended to confer rights or benefits on any person, firm or entity
not a party hereto; it being the intention of the parties that there are no third party beneficiaries to
the Contract.
The Vendor shall notify the City’s Purchasing Manager, in writing, of a company name,
ownership, or address change for the purpose of maintaining updated City records. The
president of the company or authorized official must sign the letter. A letter indicating
changes in a company name or ownership must be accompanied with supporting legal
documentation such as an updated W-9, documents filed with the state indicating such
change, copy of the board of director’s resolution approving the action, or an executed
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merger or acquisition agreement. Failure to do so may adversely impact future invoice
payments.
46. WAIVER: No claim or right arising out of a breach of the Contract can be discharged in whole
or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is
supported by consideration and is in writing signed by the aggrieved party. No waiver by either
the Contractor or the City of any one or more events of default by the other party shall operate as,
or be construed to be, a permanent waiver of any rights or obligations under the Contract, or an
express or implied acceptance of any other existing or future default or defaults, whether of a
similar or different character.
47. MODIFICATIONS: The Contract can be modified or amended only by a writing signed by
both parties. No pre-printed or similar terms on any the Contractor invoice, order or other
document shall have any force or effect to change the terms, covenants, and conditions of the
Contract.
48. INTERPRETATION: The Contract is intended by the parties as a final, complete and
exclusive statement of the terms of their agreement. No course of prior dealing between the parties
or course of performance or usage of the trade shall be relevant to supplement or explain any term
used in the Contract. Although the Contract may have been substantially drafted by one party, it
is the intent of the parties that all provisions be construed in a manner to be fair to both parties,
reading no provisions more strictly against one party or the other. Whenever a term defined by the
Uniform Commercial Code, as enacted by the State of Texas, is used in the Contract, the UCC
definition shall control, unless otherwise defined in the Contract.
49. DISPUTE RESOLUTION:
A. If a dispute arises out of or relates to the Contract, or the breach thereof, the parties agree to
negotiate prior to prosecuting a suit for damages. However, this section does not prohibit the filing
of a lawsuit to toll the running of a statute of limitations or to seek injunctive relief. Either party
may make a written request for a meeting between representatives of each party within fourteen
(14) calendar days after receipt of the request or such later period as agreed by the parties. Each
party shall include, at a minimum, one (1) senior level individual with decision-making authority
regarding the dispute. The purpose of this and any subsequent meeting is to attempt in good faith
to negotiate a resolution of the dispute. If, within thirty (30) calendar days after such meeting, the
parties have not succeeded in negotiating a resolution of the dispute, they will proceed directly to
mediation as described below. Negotiation may be waived by a written agreement signed by both
parties, in which event the parties may proceed directly to mediation as described below.
B. If the efforts to resolve the dispute through negotiation fail, or the parties waive the negotiation
process, the parties may select, within thirty (30) calendar days, a mediator trained in mediation
skills to assist with resolution of the dispute. Should they choose this option; the City and the
Contractor agree to act in good faith in the selection of the mediator and to give consideration to
qualified individuals nominated to act as mediator. Nothing in the Contract prevents the parties
from relying on the skills of a person who is trained in the subject matter of the dispute or a contract
interpretation expert. If the parties fail to agree on a mediator within thirty (30) calendar days of
initiation of the mediation process, the mediator shall be selected by the Denton County Alternative
Dispute Resolution Program (DCAP). The parties agree to participate in mediation in good faith
for up to thirty (30) calendar days from the date of the first mediation session. The City and the
Contractor will share the mediator’s fees equally and the parties will bear their own costs of
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participation such as fees for any consultants or attorneys they may utilize to represent them or
otherwise assist them in the mediation.
50. JURISDICTION AND VENUE: The Contract is made under and shall be governed by the
laws of the State of Texas, including, when applicable, the Uniform Commercial Code as adopted
in Texas, V.T.C.A., Bus. & Comm. Code, Chapter 1, excluding any rule or principle that would
refer to and apply the substantive law of another state or jurisdiction. All issues arising from this
Contract shall be resolved in the courts of Denton County, Texas and the parties agree to submit
to the exclusive personal jurisdiction of such courts. The foregoing, however, shall not be
construed or interpreted to limit or restrict the right or ability of the City to seek and secure
injunctive relief from any competent authority as contemplated herein.
51. INVALIDITY: The invalidity, illegality, or unenforceability of any provision of the Contract
shall in no way affect the validity or enforceability of any other portion or provision of the
Contract. Any void provision shall be deemed severed from the Contract and the balance of the
Contract shall be construed and enforced as if the Contract did not contain the particular portion
or provision held to be void. The parties further agree to reform the Contract to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the stricken
provision. The provisions of this section shall not prevent this entire Contract from being void
should a provision which is the essence of the Contract be determined to be void.
52. HOLIDAYS: The following holidays are observed by the City:
New Year’s Day (observed)
MLK Day
Memorial Day
4th of July
Labor Day
Thanksgiving Day
Day After Thanksgiving
Christmas Eve (observed)
Christmas Day (observed)
New Year’s Day (observed)
If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal Holiday
falls on Sunday, it will be observed on the following Monday. Normal hours of operation shall be
between 8:00 am and 4:00 pm, Monday through Friday, excluding City of Denton Holidays. Any
scheduled deliveries or work performance not within the normal hours of operation must be
approved by the City Manager of Denton, Texas or his authorized designee.
53. SURVIVABILITY OF OBLIGATIONS: All provisions of the Contract that impose
continuing obligations on the parties, including but not limited to the warranty, indemnity, and
confidentiality obligations of the parties, shall survive the expiration or termination of the Contract.
54. NON-SUSPENSION OR DEBARMENT CERTIFICATION:
The City of Denton is prohibited from contracting with or making prime or sub-awards to parties
that are suspended or debarred or whose principals are suspended or debarred from Federal, State,
or City of Denton Contracts. By accepting a Contract with the City, the Vendor certifies that its
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firm and its principals are not currently suspended or debarred from doing business with the
Federal Government, as indicated by the General Services Administration List of Parties Excluded
from Federal Procurement and Non-Procurement Programs, the State of Texas, or the City of
Denton.
55. EQUAL OPPORTUNITY
A. Equal Employment Opportunity: No Offeror, or Offeror’s agent, shall engage in any
discriminatory employment practice. No person shall, on the grounds of race, sex, sexual
orientation, age, disability, creed, color, genetic testing, or national origin, be refused the benefits of,
or be otherwise subjected to discrimination under any activities resulting from this RFQ.
B. Americans with Disabilities Act (ADA) Compliance: No Offeror, or Offeror’s agent, shall
engage in any discriminatory employment practice against individuals with disabilities as defined
in the ADA.
56. BUY AMERICAN ACT-SUPPLIES (Applicable to certain federally funded
requirements)
The following federally funded requirements are applicable. A. Definitions. As used in this
paragraph –
i. "Component" means an article, material, or supply incorporated directly into an end product.
ii. "Cost of components" means -
(1) For components purchased by the Contractor, the acquisition cost, including transportation
costs to the place of incorporation into the end product (whether or not such costs are paid to a
domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or
(2) For components manufactured by the Contractor, all costs associated with the manufacture of
the component, including transportation costs as described in paragraph (1) of this definition, plus
allocable overhead costs, but excluding profit. Cost of components does not include any costs
associated with the manufacture of the end product.
iii. "Domestic end product" means-
(1) An unmanufactured end product mined or produced in the United States; or
(2) An end product manufactured in the United States, if the cost of its components mined,
produced, or manufactured in the United States exceeds 50 percent of the cost of all its
components. Components of foreign origin of the same class or kind as those that the agency
determines are not mined, produced, or manufactured in sufficient and reasonably available
commercial quantities of a satisfactory quality are treated as domestic. Scrap generated, collected,
and prepared for processing in the United States is considered domestic.
iv. "End product" means those articles, materials, and supplies to be acquired under the contract
for public use.
v. "Foreign end product" means an end product other than a domestic end product.
vi. "United States" means the 50 States, the District of Columbia, and outlying areas.
B. The Buy American Act (41 U.S.C. 10a - 10d) provides a preference for domestic end products
for supplies acquired for use in the United States.
C. The City does not maintain a list of foreign articles that will be treated as domestic for this
Contract; but will consider for approval foreign articles as domestic for this product if the articles
are on a list approved by another Governmental Agency. The Offeror shall submit documentation
with their Offer demonstrating that the article is on an approved Governmental list.
D. The Contractor shall deliver only domestic end products except to the extent that it specified
delivery of foreign end products in the provision of the Solicitation entitled "Buy American Act
Certificate".
DocuSign Envelope ID: 7D8C0FE1-510A-4C0A-B5C7-D66E9B8616A8
366
Contract 7602
57. RIGHT TO INFORMATION: The City of Denton reserves the right to use any and all
information presented in any response to this contract, whether amended or not, except as
prohibited by law. Selection of rejection of the submittal does not affect this right.
58. LICENSE FEES OR TAXES: Provided the solicitation requires an awarded contractor or
supplier to be licensed by the State of Texas, any and all fees and taxes are the responsibility of the
respondent.
59. PREVAILING WAGE RATES: The contractor shall comply with prevailing wage rates as
defined by the United States Department of Labor Davis-Bacon Wage Determination at
http://www.dol.gov/whd/contracts/dbra.htm and at the Wage Determinations website www.wdol.gov
for Denton County, Texas (WD-2509).
60. COMPLIANCE WITH ALL STATE, FEDERAL, AND LOCAL LAWS: The contractor
or supplier shall comply with all State, Federal, and Local laws and requirements. The Respondent
must comply with all applicable laws at all times, including, without limitation, the following: (i)
§36.02 of the Texas Penal Code, which prohibits bribery; (ii) §36.09 of the Texas Penal Code,
which prohibits the offering or conferring of benefits to public servants. The Respondent shall give
all notices and comply with all laws and regulations applicable to furnishing and performance of
the Contract.
61. FEDERAL, STATE, AND LOCAL REQUIREMENTS: Respondent shall demonstrate on-
site compliance with the Federal Tax Reform Act of 1986, Section 1706, amending Section 530
of the Revenue Act of 1978, dealing with issuance of Form W-2's to common law employees.
Respondent is responsible for both federal and State unemployment insurance coverage and
standard Workers’ Compensation insurance coverage. Respondent shall ensure compliance with
all federal and State tax laws and withholding requirements. The City of Denton shall not be liable
to Respondent or its employees for any Unemployment or Workers' Compensation coverage, or
federal or State withholding requirements. Contractor shall indemnify the City of Denton and shall
pay all costs, penalties, or losses resulting from Respondent's omission or breach of this Section.
62. DRUG FREE WORKPLACE: The contractor shall comply with the applicable provisions
of the Drug-Free Work Place Act of 1988 (Public Law 100-690, Title V, Subtitle D; 41 U.S.C. 701
ET SEQ.) and maintain a drug-free work environment; and the final rule, government-wide
requirements for drug-free work place (grants), issued by the Office of Management and Budget
and the Department of Defense (32 CFR Part 280, Subpart F) to implement the provisions of the
Drug-Free Work Place Act of 1988 is incorporated by reference and the contractor shall comply
with the relevant provisions thereof, including any amendments to the final rule that may hereafter
be issued.
63. RESPONDENT LIABILITY FOR DAMAGE TO GOVERNMENT PROPERTY: The
Respondent shall be liable for all damages to government-owned, leased, or occupied property and
equipment caused by the Respondent and its employees, agents, subcontractors, and suppliers,
including any delivery or cartage company, in connection with any performance pursuant to the
Contract. The Respondent shall notify the City of Denton Procurement Manager in writing of any
such damage within one (1) calendar day.
DocuSign Envelope ID: 7D8C0FE1-510A-4C0A-B5C7-D66E9B8616A8
367
Contract 7602
64. FORCE MAJEURE: The City of Denton, any Customer, and the Respondent shall not be
responsible for performance under the Contract should it be prevented from performance by an act
of war, order of legal authority, act of God, or other unavoidable cause not attributable to the fault
or negligence of the City of Denton. In the event of an occurrence under this Section, the
Respondent will be excused from any further performance or observance of the requirements so
affected for as long as such circumstances prevail and the Respondent continues to use
commercially reasonable efforts to recommence performance or observance whenever and to
whatever extent possible without delay. The Respondent shall immediately notify the City of
Denton Procurement Manager by telephone (to be confirmed in writing within five (5) calendar
days of the inception of such occurrence) and describe at a reasonable level of detail the
circumstances causing the non-performance or delay in performance.
65. NON-WAIVER OF RIGHTS: Failure of a Party to require performance by another Party
under the Contract will not affect the right of such Party to require performance in the future. No
delay, failure, or waiver of either Party’s exercise or partial exercise of any right or remedy under
the Contract shall operate to limit, impair, preclude, cancel, waive or otherwise affect such right
or remedy. A waiver by a Party of any breach of any term of the Contract will not be construed as
a waiver of any continuing or succeeding breach.
66. NO WAIVER OF SOVEREIGN IMMUNITY: The Parties expressly agree that no provision
of the Contract is in any way intended to constitute a waiver by the City of Denton of any
immunities from suit or from liability that the City of Denton may have by operation of law.
67. RECORDS RETENTION: The Respondent shall retain all financial records, supporting
documents, statistical records, and any other records or books relating to the performances called
for in the Contract. The Respondent shall retain all such records for a period of four (4) years after
the expiration of the Contract, or until the CPA or State Auditor's Office is satisfied that all audit
and litigation matters are resolved, whichever period is longer. The Respondent shall grant access
to all books, records and documents pertinent to the Contract to the CPA, the State Auditor of
Texas, and any federal governmental entity that has authority to review records due to federal
funds being spent under the Contract.
Should a conflict arise between any of the contract documents, it shall be resolved with the
following order of precedence (if applicable). In any event, the final negotiated contract shall
take precedence over any and all contract documents to the extent of such conflict.
1. Final negotiated contract
2. RFP/Bid documents
3. City’s standard terms and conditions
4. Purchase order
5. Contractor terms and conditions
DocuSign Envelope ID: 7D8C0FE1-510A-4C0A-B5C7-D66E9B8616A8
368
Exhibit D
Certificate of Interested Parties Electronic Filing
In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the
Government Code. The law states that the City may not enter into this contract unless the
Contractor submits a disclosure of interested parties (Form 1295) to the City at the time the
Contractor submits the signed contract. The Texas Ethics Commission has adopted rules requiring
the business entity to file Form 1295 electronically with the Commission.
Contractor will be required to furnish a Certificate of Interest Parties before the contract is
awarded, in accordance with Government Code 2252.908.
The contractor shall:
1. Log onto the State Ethics Commission Website at :
https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm
2. Register utilizing the tutorial provided by the State
3. Print a copy of the completed Form 1295
4. Enter the Certificate Number on page 2 of this contract.
5. Complete and sign the Form 1295
6. Email the form to purchasing@cityofdenton.com with the contract number in the subject line.
(EX: Contract 1234 – Form 1295)
The City must acknowledge the receipt of the filed Form 1295 not later than the 30th day after
Council award. Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics
Commission’s website within seven business days.
DocuSign Envelope ID: 7D8C0FE1-510A-4C0A-B5C7-D66E9B8616A8
369
Exhibit E
Line #Description QTY UOM
1 SECTION A - AWARD SOUVENIR SHIRTS
2 Option 1: PROPOSED SHIRT STYLE BRAND DESCRIPTIONBY VENDOR (INCLUDES ALL FEES) Cotton Short Sleeve Sizes: Adult Small - Adult XL *Gildan
5000 tshirt*1000 EA
3 Option 1: PROPOSED SHIRT STYLE BRAND/DESCRIPTIONBY VENDOR (INCLUDES ALL FEES) Cotton Short Sleeve SIZES: ADULT2XL-ADULT4XL * Gildan
5000 tshirt*1000 EA
4 Option 1: PROPOSED SHIRT STYLE BRAND DESCRIPTIONBY VENDOR (INCLUDES ALL FEES) Cotton Long Sleeve Sizes: Adult Small - Adult XL *Gildan
5400 Long Sleeve*325 EA
5 Option 1: PROPOSED SHIRT STYLE BRAND DESCRIPTIONBY VENDOR (INCLUDES ALL FEES) Cotton Long Sleeve Sizes: Adult 2XL - Adult 4XL *Gildean
5400 Long Sleeve*18500 Long Sleeve*325 EA
6 Option 1: PROPOSED SHIRT STYLE BRAND DESCRIPTIONBY VENDOR (INCLUDES ALL FEES) Cotton Hoodie Sizes: Adult Small- Adult XL *Gildan 5400
Hoodie*325 EA
7 Option 1: PROPOSED SHIRT STYLE BRAND DESCRIPTIONBY VENDOR (INCLUDES ALL FEES) Cotton Hoodie Sizes: Adult 2XL- Adult 4XL *Gildan 5400
Hoodie*325 EA
14 Option 1: PROPOSED SHIRT STYLE BRAND DESCRIPTIONBY VENDOR (INCLUDES ALL FEES) Cotton Sweatshirt Sizes: Adult Small - Adult XL *Gildan
18000 Crew Sweatshirt*325 EA
15 Option 1: PROPOSED SHIRT STYLE BRAND DESCRIPTIONBY VENDOR (INCLUDES ALL FEES) Cotton Sweatshirt Sizes: Adult 2XL- Adult 4XL *Gildan
18000 Crew Sweatshirt*325 EA
18 Option 1: PROPOSED SHIRT STYLE BRAND DESCRIPTIONBY VENDOR (INCLUDES ALL FEES) Performance Short Sleeve Sizes: Adult Small - Adult XL
*Sport Tek ST350 Performance Tshirt*1000 EA
19 Option 1: PROPOSED SHIRT STYLE BRAND DESCRIPTIONBY VENDOR (INCLUDES ALL FEES) Performance Short Sleeve Sizes: Adult 2XL- Adult 4XL *Sport
Tek ST350 Performance Tshirt*1000 EA
22 Option 1: PROPOSED SHIRT STYLE BRAND DESCRIPTIONBY VENDOR (INCLUDES ALL FEES) Performance Long Sleeve Sizes: Adult Small - Adult XL *Sport
Tek ST350LS Performance Long Sleeve*325 EA
23 Option 1: PROPOSED SHIRT STYLE BRAND DESCRIPTIONBY VENDOR (INCLUDES ALL FEES) Performance Long Sleeve Sizes: Adult2XL - Adult 4XL *Sport
Tek ST350LS Performance Long Sleeve*325 EA
SECTION B - YOUTH SPORT JERSEYS
1 Option 1: MINIMUM STYLE BRAND/ITEM # DESCRIPTION Youth Basketball Jersey- YOUTH SIZE Sizes: Youth Small - Youth XL 192 EA
3 Option 1: MINIMUM STYLE BRAND/ITEM # DESCRIPTION Youth Basketball Jersey-ADULTSIZE Sizes:AdultSmall -Adult4XL 48 EA
5 Option 1: MINIMUM STYLE BRAND/ITEM # DESCRIPTION Youth Flag Football Jersey - YOUTH SIZES Sizes: Youth Small - Youth XL * Cutter
Jersey Style Number 1518*192 EA
7 Option 1: MINIMUM STYLE BRAND/ITEM # DESCRIPTION Youth Flag Football Jersey -ADULTSIZES Sizes: Adult Small - Adult 4XL *Cutter Jersey
Style Number 1517*48 EA
9 Option 1: MINIMUM STYLE BRAND/ITEM # DESCRIPTION Youth Soccer (Outdoor Futsal) Jersey Youth Size Sizes: Youth Small - Youth XL 408 EA
11 Option 1: MINIMUM STYLE BRAND/ITEM # DESCRIPTION Youth Soccer (Outdoor Futsal) Jersey -ADULT SIZE Sizes: AdultSmall -AdultXL 102 EA
13 Option 1: MINIMUM STYLE BRAND/ITEM # DESCRIPTION Youth Volleyball Jersey - YOUTH SIZE Sizes: Youth Small - Youth XL 288 EA
15 Option 1: MINIMUM STYLE BRAND/ITEM # DESCRIPTION Youth Volleyball Jersey - ADULTSIZE Sizes: AdultSmall - AdultXL 72 EA
17 Option 1: MINIMUM STYLE BRAND/ITEM # DESCRIPTION Coaching Volunteer Shirts- ADULTSIZE Sizes: AdultSmall - Adult4XL *Gildan 5000
Tshirt*120 EA
RFP 7602 Athletic Shirts and Jerseys
7.45
5.95
4.45
10.95
9.45
8.95
7.45
12.95
11.45
15.95
Groggy Dog
Unit Price
14.45
8.95
$7.70
Denton, TXCity and State
$18.70
$19.70
$18.20
$17.70
Vendor
$18.70
$17.70
$19.70
$20.20
DocuSign Envelope ID: 7D8C0FE1-510A-4C0A-B5C7-D66E9B8616A8
370
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: 7D8C0FE1-510A-4C0A-B5C7-D66E9B8616A8
F
Groggy Dog Sportswear & Graphic
Design, LLC
X
N/A
7/7/2021
371
Certificate Of Completion
Envelope Id: 7D8C0FE1510A4C0AB5C7D66E9B8616A8 Status: Sent
Subject: Please DocuSign: City Council Contract 7602 PARD Athletic Shirts & Jerseys
Source Envelope:
Document Pages: 27 Signatures: 4 Envelope Originator:
Certificate Pages: 6 Initials: 1 Erica Garcia
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
erica.garcia@cityofdenton.com
IP Address: 198.49.140.10
Record Tracking
Status: Original
7/6/2021 3:36:12 PM
Holder: Erica Garcia
erica.garcia@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Erica Garcia
erica.garcia@cityofdenton.com
Buyer
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.10
Sent: 7/6/2021 4:10:42 PM
Viewed: 7/6/2021 4:10:51 PM
Signed: 7/6/2021 4:11:35 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: 198.49.140.104
Sent: 7/6/2021 4:11:38 PM
Viewed: 7/6/2021 4:38:18 PM
Signed: 7/6/2021 4:39:06 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Marcella Lunn
marcella.lunn@cityofdenton.com
Deputy City Attorney
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 68.185.202.16
Sent: 7/6/2021 4:39:08 PM
Viewed: 7/6/2021 4:45:26 PM
Signed: 7/6/2021 4:50:42 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Mary Ann Chambers
mchambers@groggydogonline.com
Operations Manager
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 47.190.6.63
Sent: 7/6/2021 4:50:45 PM
Viewed: 7/7/2021 8:57:58 AM
Signed: 7/7/2021 9:17:30 AM
Electronic Record and Signature Disclosure:
Accepted: 7/7/2021 8:57:58 AM
ID: a5f59a50-ce88-4d65-bdff-1c10edbb8bd1
372
Signer Events Signature Timestamp
Gary Packan
Gary.Packan@cityofdenton.com
Director of Parks and Recreation
Parks and Recreation
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.104
Sent: 7/7/2021 9:17:33 AM
Viewed: 7/7/2021 9:32:05 AM
Signed: 7/7/2021 9:32:29 AM
Electronic Record and Signature Disclosure:
Accepted: 7/7/2021 9:32:05 AM
ID: 6acd29cf-adbe-4080-9f93-4e6b44d6c105
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Contract Administrator
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 7/7/2021 9:32:34 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Sara Hensley
sara.hensley@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Rosa Rios
rosa.rios@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 7/1/2021 10:36:47 AM
ID: f04dd758-be5b-4966-aa99-d198dc46f8f7
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: 7/6/2021 4:11:37 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
373
Carbon Copy Events Status Timestamp
Gretna Jones
gretna.jones@cityofdenton.com
Legal Secretary
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 7/7/2021 9:32:33 AM
Viewed: 7/7/2021 9:33:05 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
City Secretary Office
citysecretary@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Chris Escoto
Chris.Escoto@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 7/6/2021 4:10:42 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
374
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
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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
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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
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electronically from us.
Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Mary Ann Chambers, Gary Packan, Rosa Rios
375
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To contact us by email send messages to: purchasing@cityofdenton.com
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To let us know of a change in your e-mail address where we should send notices and disclosures
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To request delivery from us of paper copies of the notices and disclosures previously provided
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376
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377
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 21-1491,Version:1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton,a Texas home-rule municipal corporation,authorizing
the City Manager,or their designee,to execute a contract with DLT Solutions,LLC,through the Department of
Information Resources (DIR)Cooperative Purchasing Network Contract No.DIR-TSO-4236,for AutoCAD
AEC Collection Software system subscription,maintenance,and purchase of licenses for the Technology
Services Department;providing for the expenditure of funds therefor;and providing an effective date (File
7630 - awarded to DLT Solutions, LLC, in the four (4) year not-to-exceed amount of $228,873.00).
City of Denton Printed on 7/23/2021Page 1 of 1
powered by Legistar™378
City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Procurement & Compliance
ACM: David Gaines
DATE: July 27, 2021
SUBJECT
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation,
authorizing the City Manager, or their designee, to execute a contract with DLT Solutions, LLC, through
the Department of Information Resources (DIR) Cooperative Purchasing Network Contract No. DIR-TSO-
4236, for AutoCAD AEC Collection Software system subscription, maintenance, and purchase of licenses
for the Technology Services Department; providing for the expenditure of funds therefor; and providing an
effective date (File 7630 – awarded to DLT Solutions, LLC, in the four (4) year not-to-exceed amount of
$228,873.00).
INFORMATION/BACKGROUND
The City of Denton uses the AutoCAD Architecture, Engineering, and Construction Collection Software
system to allow designers, architects, engineers, and construction professionals to create precise 2D and 3D
drawings. This provides the following benefits: design and building of roadways, water, and wastewater
systems, electrical wiring systems; creation of high-quality cloud collaboration with design team; high-
performance building and infrastructure designs with conceptual and detailed design tools; optimization of
projects with integrated analysis; generative design visualization and simulation tools; and predictability in
the field with tools that maximize constructability and project coordination.
The departments using the AutoCAD Software include Facilities, Engineering, Real Estate, Development
Services, Solid Waste, Parks, and Denton Municipal Electric Engineering. The AutoCAD software has been
used since 2007. On July 18, 2018, Contract# DIR-TSO-3400 was awarded to DLT Solutions, LLC, a three
(3) year not-to-exceed amount of $115,540.71. On June 22, 2020, Contract 5678 was amended for the first
time between the City of Denton, Texas, and DLT Solutions, LLC (“Contractor”). The City deemed it
necessary to further expand the services provided with additional licenses and Building Information
Modeling services (BIM). The terms of the Agreement provide an additional not-to-exceed amount of
$28,885 and an aggregate not-to-exceed of $144,425.71.
The City of Denton would like to continue to utilize the AutoCAD Software system for another four (4)
years to capture the full lifecycle of the product. It is essential for the City of Denton to keep current
subscription and maintenance with the software vendor to ensure legal licensing of the software, but the
availability of upgrades, software fixes, access knowledge, and support resources. The Technology Services
department could not identify any local vendors that provide software maintenance for this application.
Therefore, procuring this maintenance from the above vendor is the best value for the City of Denton.
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
379
The budgeted amount for these items is $228,873 and the not-to-exceed amount includes three (3) years of
subscription renewals with a 15% contingency added for growth of more license subscriptions.
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 DLT Solutions, LLC, for AutoCAD AEC Collection Software system subscription,
maintenance, and purchase of licenses for the Technology Services Department, in a four (4) year not-to-
exceed amount of $228,873.
PRINCIPAL PLACE OF BUSINESS
DLT Solutions, LLC
Herndon, VA
ESTIMATED SCHEDULE OF PROJECT
This is a four (4) year contract. This DIR contract expires on October 18, 2025.
Year 1
7/1/21 - 6/30/22
Year 2
7/1/22 - 6/30/23
Year 3
7/1/23 - 6/30/24
Year 4
7/1/24 - 6/30/25
TS GIS AutoCAD - including specialized toolsets AD
Government Single-user ELD Annual Subscription
Switched From M2S Multi-User 2:1 Trade-In 30 count (Quote
4911812)
9,710 9,710 9,710 9,710
TS GIS Architecture Engineering & Construction Collection
Government Single-user Annual Subscription
Renewal Switched From Maintenance 8 count (Quote 4911812)
12,398 12,398 12,398 12,398
TS GIS AutoCAD - including specialized toolsets Government
Single-user Annual Subscription Renewal 4 count (Quote
4911812)
6,086 6,086 6,086 6,086
TS GIS BIM Collaborate - 10 Subscription CLOUD
Government New Single-user 10 Pack Annual Subscription
(Quote 4911812)
5,830 5,830 5,830 5,830
Repro Products Training - BIM Collaborate Pro Training (Quote
4911812) - - -
TS DME AutoCAD Design &Map (Quote 4932557)$33,657
= $11,219 per year / 3 years = $11,219 per year paid 11,219 11,219 11,219
Subtotal 34,024 45,243 45,243 45,243
15% Contingency 5,104 6,786 6,786 6,786
Total 39,128 63,248 63,248 63,248
Grand Total: 228,873
380
FISCAL INFORMATION
These services will be funded from Technology Services Operating Funds.
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Quote
Exhibit 3: LLC Members
Exhibit 4: Ordinance
Respectfully submitted:
Lori Hewell, 940-349-7100
Purchasing Manager
For information concerning this acquisition, contact: Leisha Meine, 940-349-7823.
Legal point of contact: Marcella Lunn at 940-349-8333.
381
To:Mr. Tony Smith
Denton City of (TX)
601 E. Hickory
Suite A
Denton, TX 76205
Phone:(940) 349-8933
Fax:
Email:john.smith@cityofdenton.com
From:Andrew Daugherty
DLT Solutions, LLC
2411 Dulles Corner Park
Suite 800
Herndon, VA 20171
Phone:(703) 708-9609
Fax:(703) 708-9609
Email:andrew.daugherty@dlt.com
#DLT Part No.
Contract
[ Contract Price ]Qty
Unit Price
[ List Price ]Ext. Price
1 9701-0897 S-TX-MVEND-DIR-SW
[ $323.66 ]
30 $323.66
[ $342.50 ]
$9,709.80
AutoCAD - including specialized toolsets AD Government Single-user ELD Annual Subscription
Switched From M2S Multi-User 2:1 Trade-In
110002275576 A-14326745 Network 2 for 1 to Single-user
PoP: 7/30/2021 through 7/29/2022
2 9701-1008733 S-TX-MVEND-DIR-SW
[ $1,176.53 ]
6 $1,176.53
[ $1,245.00 ]
$7,059.18
Architecture Engineering & Construction Collection Government Single-user Annual Subscription
Renewal Switched From Maintenance (Switched between May 2019 - May 2020 and Ongoing)
110002275576 A-14326745
PoP: 7/30/2021 through 7/29/2022
3 9701-1004929 S-TX-MVEND-DIR-SW
[ $1,521.45 ]
3 $1,521.45
[ $1,610.00 ]
$4,564.35
AutoCAD - including specialized toolsets Government Single-user Annual Subscription Renewal
110003040365 A-14326996
PoP: 7/30/2021 through 7/29/2022
4 9701-1001719 S-TX-MVEND-DIR-SW
[ $2,669.63 ]
2 $2,669.63
[ $2,825.00 ]
$5,339.26
Architecture Engineering & Construction Collection Government Single-user Annual Subscription
Renewal
110003101093 A-14326515
PoP: 7/30/2021 through 7/29/2022
5 9701-1004929 S-TX-MVEND-DIR-SW
[ $1,521.45 ]
1 $1,521.45
[ $1,610.00 ]
$1,521.45
AutoCAD - including specialized toolsets Government Single-user Annual Subscription Renewal
110003135606 A-14327930
PoP: 7/30/2021 through 7/29/2022
6 9701-3575 S-TX-MVEND-DIR-SW
[ $5,830.02 ]
1 $5,830.02
[ $6,485.00 ]
$5,830.02
BIM Collaborate - 10 Subscription CLOUD Government New Single-user 10 Pack Annual Subscription
PoP: 7/30/2021 through 7/29/2022
Price Quotation
Quote:4911812
Reference:1615167
Date:07/13/2021
Expires:07/30/2021
Page 1 of 2DLT CONFIDENTIAL
382
Price Quotation
Quote:4911812
Reference:1615167
Date:07/13/2021
Expires:07/30/2021
#DLT Part No.
Contract
[ Contract Price ]Qty
Unit Price
[ List Price ]Ext. Price
7 9079-0134 OM
[ $0.00 ]
1 $1,500.00
[ $1,500.00 ]
$1,500.00
Repro Products Training
Repro Products Training
BIM Collaborate Pro Training
PoP: 7/30/2021 through 7/29/2022
Total $35,524.06
This represents a savings of ($1,500.00) [ -4.41% ] off the Total Contract Price $34,024.06.
This represents a savings of $2,295.94 [ 6.07% ] off the Total List Price $37,820.00.
Contract #: DIR-TSO-4236DUNS #: 78-6468199Federal ID: 54-1599882CAGE Code: 0S0H9FOB: DestinationContract Term: 10/18/2019 - 10/18/2021Ship Via: Fedex Ground/UPSPayment Terms: Net 30 days
THIS QUOTE IS SUBJECT TO THE TERMS AND CONDITIONS OF CONTRACT NUMBER DIR-TSO-4236.CUSTOMER IS DIRECTED TO INCORPORATE (BY REFERENCE) THIS QUOTE IN ANY RESULTINGTASK/DELIVERY ORDER OR AWARD. THE TERMS OF THE AFOREMENTIONED CONTRACT ARE THEONLY CONTROLLING TERMS AND ANY TERMS OR CONDITIONS CONTAINED IN AN ORDER, AWARD OROTHER INSTRUMENT OF BUYER, WHICH ARE IN ADDITION TO OR INCONSISTENT WITH ANY OF THETERMS OR CONDITIONS CONTAINED IN THOSE REFERENCED HEREIN, SHALL NOT BE BINDING ON DLTOR ITS MANUFACTURERS AND SHALL NOT APPLY UNLESS SPECIFICALLY AGREED TO IN WRITING BYDLT.
CPARs requests should be sent to the attention of AJ Ezersky at cpars@dlt.com.
PLEASE REMIT
PAYMENT TO:
ACH:DLT Solutions, LLC
Bank of America
ABA # 111000012
Acct # 4451063799
-OR-Mail:DLT Solutions, LLC
P.O. Box 743359
Atlanta, GA 30374-3359
Customer orders subject to applicable sales tax.
Documentation to be submitted to validate Invoice for payment:a. Authorized Services shall be invoiced with a corresponding time report for the period of performance identifying names,days, and hours worked.b. Authorized reimbursable expenses shall be invoiced with a detailed expense report, documented by copies of supportingreceipts.c. Authorized Education or Training shall be invoiced with a Report identifying date and name of class completed, and whereapplicable the name of attendees.
Price Quotation
Quote:4911812
Reference:1615167
Date:07/13/2021
Expires:07/30/2021
Page 2 of 2DLT CONFIDENTIAL
383
384
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL
CORPORATION, AUTHORIZING THE CITY MANAGER, OR THEIR DESIGNEE, TO
EXECUTE A CONTRACT WITH DLT SOLUTIONS, LLC, THROUGH THE DEPARTMENT
OF INFORMATION RESOURCES (DIR) COOPERATIVE PURCHASING NETWORK
CONTRACT NO. DIR-TSO-4236, FOR AUTOCAD AEC COLLECTION SOFTWARE
SYSTEM SUBSCRIPTION, MAINTENANCE, AND PURCHASE OF LICENSES FOR THE
TECHNOLOGY SERVICES DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 7630 AWARDED
TO DLT SOLUTIONS, LLC, IN THE FOUR (4) YEAR NOT-TO-EXCEED AMOUNT OF
$228,873.00).
WHEREAS, pursuant to Ordinance 20-196, the Department of Information 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
of Denton; and
WHEREAS, the City Manager, or a designated employee, has reviewed and recommended
that the herein described materials, equipment, supplies or services can be purchased by the City
through the State of Texas Department of Information 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
7630
VENDOR
DLT Solutions, LLC
AMOUNT
$228,873.00
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
TexasDepartment of Information Services Go Direct Program for such items and agrees to purchase
the materials, equipment, supplies or services in accordance with the terms, conditions,
specifications, standards, quantities and for the specified sums contained in the bid documents, and
related documents filed with the State of Texas Department of Information Services Go Direct
385
Program, and the purchase orders issued by the City.
SECTION 3. Should the City and persons submitting approved and accepted items set forth
inthis 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 their designated representative, is hereby authorized to execute the written contract
which shall be referenced herein; provided that the written contract is in accordance with the terms,
conditions, specifications and standards contained in the Proposal submitted to the State of Texas
Department of Information Services Go Direct Program, quantities and specified sums contained in
the City's purchase orders, and related documents herein approved and accepted.
SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council
hereby 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 _________________________________. This ordinance was passed and approved by the
following vote [___ - ___]:
Aye Nay Abstain Absent
Mayor Gerard Hudspeth: ______ ______ ______ ______
Vicki Byrd, District 1: ______ ______ ______ ______
Brian Beck, District 2: ______ ______ ______ ______
Jesse Davis, District 3: ______ ______ ______ ______
Alison Maguire, District 4: ______ ______ ______ ______
Deb Armintor, At Large Place 5: ______ ______ ______ ______
Paul Meltzer, At Large Place 6: ______ ______ ______ ______
PASSED AND APPROVED this the _______ day of ___________________________, 2021.
__________________________________
GERARD HUDSPETH, MAYOR
386
ATTEST:
ROSA RIOS, CITY SECRETARY
BY: __________________________________
APPROVED AS TO LEGAL FORM:
CATHERINE CLIFTON, INTERIM CITY ATTORNEY
BY: _________________________________
387
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 21-1492,Version:1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton,a Texas home-rule municipal corporation,authorizing
the approval of Change Order No.3 to the contract between the City of Denton and MSB Constructors,Inc.,to
provide additional services for the Development Services Center Parking Lot Improvements Project;providing
for the expenditure of funds therefor;and providing an effective date (File 7452 -Change Order No.3 in the
not-to-exceed amount of $45,395.74, for a total contract award aggregated to $1,038,225.83).
City of Denton Printed on 7/23/2021Page 1 of 1
powered by Legistar™388
City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Procurement and Compliance
ACM: David Gaines
DATE: July 27, 2021
SUBJECT
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation,
authorizing the approval of Change Order No. 3 to the contract between the City of Denton and MSB
Constructors, Inc., to provide additional services for the Development Services Center Parking Lot
Improvements Project; providing for the expenditure of funds therefor; and providing an effective date (File
7452 – Change Order No. 3 in the not-to-exceed amount of $45,395.74, for a total contract award aggregated
to $1,038,225.83).
INFORMATION/BACKGROUND
The Denton Development Services Parking Lot Improvements Project consists of parking lot removal and
reconstruction at the new Development Services Center, located at 401 N. Elm in downtown Denton. This
project will also include drainage improvements, pavement markings, irrigation, and landscaping.
The Denton Development Services Parking Lot Improvements Project was originally intended to be
included as part of the building renovation project, but due to the scope and cost of the parking lot, the
decision was made to remove it from the original project scope and bid it out as a separate project. The
original project of $944,964.30 for the Denton Development Services Parking Lot Improvements Project
consisted of a $372,300 total base bid; $527,666 Alternates A, B, D, E; and a $44,998.30 contingency.
During site excavation, unforeseen buried structures were found. These structures had to be removed in
order to treat subgrade and install electrical and irrigation lines, which lead to the first contract change
order. The second change order was the result of discovering an unsuitable subgrade during site excavation.
This material had to be removed and suitable material brought in, resulting in additional expenses in asphalt
and concrete removal.
This third change order is the result of City-requested scope changes including the demolition and
replacement of a stairwell, revisions to the electrical plan to power the parking lot lighting directly from the
building, and additional minor changes such as modifications to pavement marking and additional asphalt
quantities.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On November 10, 2020, City Council approved a contract with MSB Constructors, Inc., in the not-to-exceed
amount of $944,964.30 (Ordinance 20-2223).
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
389
On March 8, 2021, Purchasing approved Change Order 1 with MSB Constructors, Inc., in the not-to-exceed
amount of $32,756.49 using contingency funds.
On May 6, 2021, Purchasing approved Change Order 2 with MSB Constructors, Inc., in the not-to-exceed
amount of $12,241.81 using contingency funds and $47,865.79 in additional funding.
RECOMMENDATION
Award Change Order No. 3 with MSB Constructors, Inc., to provide additional services for the
Development Services Center Parking Lot Improvements Project, in a not-to-exceed amount of $45,395.74
for a total amended contract amount of $1,038,225.83.
PRINCIPAL PLACE OF BUSINESS
MSB Constructors, Inc.
Boyd, TX
ESTIMATED SCHEDULE OF PROJECT
The project is estimated to be completed within 235 calendar days from Notice to Proceed. The contract
end date is July 30, 2021.
FISCAL INFORMATION
This project will be funded from City of Denton Facilities Certificate of Obligation funds.
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Original Ordinance and Contract
Exhibit 3: Change Order 1
Exhibit 4: Change Order 2
Exhibit 5: Ordinance and Change Order 3
Respectfully submitted:
Lori Hewell, 940-349-7100
Purchasing Manager
For information concerning this acquisition, contact: Trevor Crain at 940-349-7426.
Legal point of contact: Marcella Lunn at 940-349-8333.
390
ORDINANCE NO.20-2223
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL
CORPORATION, AUTHORiZING THE CITY MANAGER TO EXECUTE A CONTRACT
WITH MSB CONSTRUCTORS, NC., FOR THE CONSTRUCTION OF THE DENTON
DEVELOPMENT SERVICES PARKING LOT IMPROVEMENTS PROJECT FOR THE CITY
OF DENTON; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE (IFB 7452 – AWARDED TO MSB CONSTRUCTORS,
INC., IN THE NOT-TO-EXCEED AMOUNT OF $944,964.30).
WHEREAS, the City 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 and City ordinances; and
WHEREAS, the City Manager, or a designated employee, has reviewed and
recommended that the herein described bids are the lowest responsible bids for the materials,
equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; 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 following competitive bids for the materials, equipment, supplies, or
services, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file
in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids:
BID
NUMBER VENDOR AMOUNT
7452 MSB Constructors, Inc.$944,964.30
SECTION 2. That the acceptance and approval of the above competitive bids shall not
constitute a contract between the City and the person submitting the bid for such items and
agrees to purchase the materials, equipment, supplies or services in accordance with the terms,
specifications, standards, quantities and for the specified sums contained in the Bid Invitations,
Bid Proposals, and related documents.
SECTION 3. Should the City and the winning bidder(s) wish to enter into a formal
written agreement as a result of the acceptance, approval, and awarding of the bids, the City
Manager, or his designated representative, is hereby authorized to execute a written contract in
accordance with the terms, conditions, specifications, standards, quantities and specified sums
contained in the Bid Proposal and related documents and to extend that contract as determined to
be advantageous to the City of Denton.
391
SECTION 4. 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 of Denton, or his designee.
SECTION 5. By the acceptance and approval of the above enumerated bids, the City
Council hereby authorizes the expenditure of funds therefor in the amount and in accordance
with the approved bids.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance
seconded by 3-W
the following vote [L - a] :
Aye
,card RucIs R andwas made by
the ordinance was passed and approved by9
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:
./
J7-7-7-7-
392
PASSED AND APPROVED thi, th, latEr day ,f FJOVetnbec , 2020.
anTi–G–AfKMrf6R
ATTEST:
ROSA RIOS, CITY SECRETARY
By: Mayor Pro Tem Gerard Hudspeth
BY:Z:2/v
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
JOBY:
393
Docusign City Council Transmittal Coversheet
File Name
Purchasing Contact
City Council Target Date
Piggy Back Option
Contract Expiration
Ordinance
# !% "#!' %$
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394
00 52 43 - 1
Agreement
Page 1 of 6
CITY OF DENTON 7452 IFB – Denton Development Services
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Center Parking Lot Improvements
Revised September 20, 2018
SECTION 00 52 43 1
AGREEMENT 2
THIS AGREEMENT, authorized on ______________is made by and between the City of Denton, 3
a Texas home rule municipality, acting by and through its duly authorized City Manager, (“City”), 4
and MSB Constructors, Inc., authorized to do business in Texas, acting by and through its duly 5
authorized representative, (“Contractor”). 6
City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: 7
Article 1. WORK 8
Contractor shall complete all Work as specified or indicated in the Contract Documents for the 9
Project identified herein. 10
Article 2. PROJECT 11
The project for which the Work under the Contract Documents may be the whole or only a part is 12
generally described as follows: 13
Denton Development Services Center Parking Lot Improvements 14
Contract No: 7452 15
Article 3. CONTRACT PRICE 16
City agrees to pay Contractor for performance of the Work in accordance with the Contract 17
Documents an amount, in current funds, of Eight hundred ninety-nine thousand nine hundred 18
sixty-six Dollars and 0/100 cents ($899,966). At the sole option of the City, five (5) percent 19
contingency in the amount of Forty-four thousand nine hundred and ninety-eight Dollars and 20
30/100 cents ($44,998.30) may be used for a total not-to-exceed amount of Nine hundred and 21
forty-four thousand nine hundred and sixty-four Dollars and 30/100 cents ($944,964.30). 22
23
Article 4. CONTRACT TIME 24
4.1 Final Acceptance. 25
The Work will be complete for Final Acceptance within 180 days after the date when the 26
Contract Time commences to run, as provided in Paragraph 2.03 of the General Conditions, 27
plus any extension thereof allowed in accordance with Article 12 of the General Conditions. 28
4.2 Liquidated Damages 29
Contractor recognizes that time is of the essence for completion of Milestones, if any, and 30
to achieve Final Acceptance of the Work and City will suffer financial loss if the Work is 31
not completed within the time(s) specified in Paragraph 4.1 above. The Contractor also 32
recognizes the delays, expense and difficulties involved in proving in a legal proceeding, 33
the actual loss suffered by the City if the Work is not completed on time. Accordingly, 34
instead of requiring any such proof, Contractor agrees that as liquidated damages for delay 35
(but not as a penalty), Contractor shall pay City Five Hundred Dollars ($500.00) for each 36
day that expires after the time specified in Paragraph 4.1 for Final Acceptance until the 37
City issues the Final Letter of Acceptance. 38
395
00 52 43 - 2
Agreement
Page 2 of 6
CITY OF DENTON 7452 IFB – Denton Development Services
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Center Parking Lot Improvements
Revised September 20, 2018
Article 5. CONTRACT DOCUMENTS 1
5.1 CONTENTS: 2
A. The Contract Documents which comprise the entire agreement between City and 3
Contractor concerning the Work consist of the following: 4
1. This Agreement. 5
2. Attachments to this Agreement: 6
a. Bid Form 7
1) Proposal Form 8
2) Vendor Compliance to State Law Non-Resident Bidder 9
b. Current Prevailing Wage Rate Table 10
c. Worker’s Compensation Affidavit 11
d. General Conditions. 12
e. Supplementary Conditions. 13
3. The following located in File 7452 at: 14
https://lfpubweb.cityofdenton.com/MaterialsManagement/Browse.aspx?startid=1915
&row=1&dbid=0: 16
a. Specifications described in the Table of Contents of the Project’s Contract 17
Documents. 18
b. North Central Texas Council of Governments Standard Specifications for Public 19
Works Construction – Fourth Edition, Divisions 200-800, and as amended by 20
City, and described in the Table of Contents of the Project’s Contract Documents. 21
c. Drawings. 22
d. Addenda. 23
e. Documentation submitted by Contractor prior to Notice of Award. 24
4. The following which shall be issued after the Effective Date and delivered to the City 25
within ten (10) days of the Effective Date and before beginning Work: 26
a. Payment Bond 27
b. Performance Bond 28
c. Maintenance Bond 29
d. Power of Attorney for the Bonds 30
e. Form 1295 – Certificate of Interested Parties (email to purchasing) 31
f. Insurance Certificate 32
5. The following which may be delivered or issued after the Effective Date and, if 33
issued, become an incorporated part of the Contract Documents: 34
a. Notice to Proceed. 35
b. Field Orders. 36
c. Change Orders. 37
d. Letter of Final Acceptance. 38
39
40
396
00 52 43 - 3
Agreement
Page 3 of 6
CITY OF DENTON 7452 IFB – Denton Development Services
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Center Parking Lot Improvements
Revised September 20, 2018
Article 6. INDEMNIFICATION 1
6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 2
expense, the city, its officers, servants and employees, from and against any and all 3
claims arising out of, or alleged to arise out of, the work and services to be performed 4
by the contractor, its officers, agents, employees, subcontractors, licensees or invitees 5
under this contract. This indemnification provision is specifically intended to operate 6
and be effective even if it is alleged or proven that all or some of the damages being 7
sought were caused, in whole or in part, by any act, omission or negligence of the city. 8
This indemnity provision is intended to include, without limitation, indemnity for any 9
and all costs, expenses and legal fees incurred by the city in defending against such 10
claims and causes of actions. 11
12
6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 13
the city, its officers, servants and employees, from and against any and all loss of, 14
damage to, or destruction of, property of the city, arising out of, or alleged to arise out 15
of, the work and services to be performed by the contractor, its officers, agents, 16
employees, subcontractors, licensees or invitees under this contract. This 17
indemnification provision is specifically intended to operate and be effective even if it is 18
alleged or proven that all or some of the damages being sought were caused, in whole or 19
in part, by any act, omission or negligence of the city. 20
21
Article 7. MISCELLANEOUS 22
7.1 Terms. 23
Terms used in this Agreement which are defined in Article 1 of the General Conditions will 24
have the meanings indicated in the General Conditions. 25
7.2 Assignment of Contract. 26
This Agreement, including all of the Contract Documents may not be assigned by the 27
Contractor without the advanced express written consent of the City. 28
7.3 Successors and Assigns. 29
City and Contractor each binds itself, its partners, successors, assigns and legal 30
representatives to the other party hereto, in respect to all covenants, agreements and 31
obligations contained in the Contract Documents. 32
7.4 Severability. 33
Any provision or part of the Contract Documents held to be unconstitutional, void or 34
unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 35
remaining provisions shall continue to be valid and binding upon City and Contractor. 36
7.5 Governing Law and Venue. 37
This Agreement, including all of the Contract Documents is performable in the State of 38
Texas. Venue shall be Denton County, Texas, or the United States District Court for the 39
Eastern District of Texas, Sherman Division. 40
397
00 52 43 - 4
Agreement
Page 4 of 6
CITY OF DENTON 7452 IFB – Denton Development Services
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Center Parking Lot Improvements
Revised September 20, 2018
7.6 Authority to Sign. 1
Contractor shall attach evidence of authority to sign Agreement if signed by someone other 2
than the duly authorized signatory of the Contractor. 3
4
7.7 Prohibition On Contracts With Companies Boycotting Israel. 5
Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government 6
Code, the City is prohibited from entering into a contract with a company for goods or 7
services unless the contract contains a written verification from the company that it: (1) 8
does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 9
The terms “boycott Israel” and “company” shall have the meanings ascribed to those terms 10
in Section 808.001 of the Texas Government Code. By signing this contract, Contractor 11
certifies that Contractor’s signature provides written verification to the City that 12
Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of 13
the contract. 14
15
7.8 Immigration Nationality Act. 16
Contractor shall verify the identity and employment eligibility of its employees who perform 17
work under this Agreement, including completing the Employment Eligibility Verification 18
Form (I-9). Upon request by City, Contractor shall provide City with copies of all I-9 forms 19
and supporting eligibility documentation for each employee who performs work under this 20
Agreement. Contractor shall adhere to all Federal and State laws as well as establish 21
appropriate procedures and controls so that no services will be performed by any Contractor 22
employee who is not legally eligible to perform such services. CONTRACTOR SHALL 23
INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, 24
LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY 25
CONTRACTOR, CONTRACTOR’S EMPLOYEES, SUBCONTRACTORS, 26
AGENTS, OR LICENSEES. City, upon written notice to Contractor, shall have the right 27
to immediately terminate this Agreement for violations of this provision by Contractor. 28
29
7.9 No Third-Party Beneficiaries. 30
This Agreement gives no rights or benefits to anyone other than the City and the Contractor 31
and there are no third-party beneficiaries. 32
33
34
398
00 52 43 - 5
Agreement
Page 5 of 6
CITY OF DENTON 7452 IFB – Denton Development Services
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Center Parking Lot Improvements
Revised September 20, 2018
7.10 No Cause of Action Against Engineer. 1
Contractor, its subcontractors and equipment and materials suppliers on the Project or their 2
sureties, shall maintain no direct action against the Engineer, its officers, employees, and 3
subcontractors, for any claim arising out of, in connection with, or resulting from the engineering 4
services performed. Only the City will be the beneficiary of any undertaking by the Engineer. 5
The presence or duties of the Engineer's personnel at a construction site, whether as on-site 6
representatives or otherwise, do not make the Engineer or its personnel in any way 7
responsible for those duties that belong to the City and/or the City's Contractors or other 8
entities, and do not relieve the Contractors or any other entity of their obligations, duties, and 9
responsibilities, including, but not limited to, all construction methods, means, techniques, 10
sequences, and procedures necessary for coordinating and completing all portions of the 11
construction work in accordance with the Contract Documents and any health or safety 12
precautions required by such construction work. The Engineer and its personnel have no 13
authority to exercise any control over any construction contractor or other entity or their 14
employees in connection with their work or any health or safety precautions. 15
16
SIGNATURE PAGE TO FOLLOW 17
18
399
00 52 43 - 6
Agreement
Page 6 of 6
CITY OF DENTON 7452 IFB – Denton Development Services
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Center Parking Lot Improvements
Revised September 20, 2018
IN WITNESS WHEREOF, City and Contractor have each executed this Agreement to be effective 1
as of the date subscribed by the City’s designated City Manager (“Effective Date”). 2
3
4
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ATTEST: 37
ROSA RIOS, CITY SECRETARY 38
39
40
_______________________________________ 41
42
43
APPROVED AS TO LEGAL FORM: 44
AARON LEAL, CITY ATTORNEY 45
46
_______________________________________ 47
CITY OF DENTON
BY: ___________________________________
CITY MANAGER
CONTRACTOR
MSB CONSTRUCTORS, INC.
BY: ___________________________________
AUTHORIZED AGENT
_______________________________________
NAME
_______________________________________
TITLE
_______________________________________
PHONE NUMBER
_______________________________________
EMAIL ADDRESS
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational obligations and
business terms.
_______________ ________________
SIGNATURE PRINTED NAME
__________________________________
TITLE
__________________________________
DEPARTMENT
# $! $%#&%!#$ !
#$ %
#
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#%!#!"% #! %$%( #
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400
401
402
403
404
405
406
"General Decision Number: TX20200025 01/03/2020
Superseded General Decision Number: TX20190025
State: Texas
Construction Type: Highway
Counties: Archer, Callahan, Clay, Collin, Dallas, Delta,
Denton, Ellis, Grayson, Hunt, Johnson, Jones, Kaufman, Parker,
Rockwall, Tarrant and Wise Counties in Texas.
HIGHWAY CONSTRUCTION PROJECTS (excluding tunnels, building
structures in rest area projects & railroad construction;
bascule, suspension & spandrel arch bridges designed for
commercial navigation, bridges involving marine construction;
and other major bridges).
Note: Under Executive Order (EO) 13658, an hourly minimum wage
of $10.80 for calendar year 2020 applies to all contracts
subject to the Davis-Bacon Act for which the contract is awarded
(and any solicitation was issued) on or after January 1, 2015.
If this contract is covered by the EO, the contractor must pay
all workers in any classification listed on this wage
determination at least $10.80 per hour (or the applicable
wage rate listed on this wage determination, if it is higher)
for all hours spent performing on the contract in calendar
year 2020. If this contract is covered by the EO and a
classification considered necessary for performance of work on
the contract does not appear on this wage determination, the
contractor must pay workers in that classification at least
the wage rate determined through the conformance process set
forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate,
if it is higher than the conformed wage rate). The EO minimum
wage rate will be adjusted annually. Please note that
this EO applies to the above-mentioned types of contracts
entered into by the federal government that are subject
407
to the Davis-Bacon Act itself, but it does not apply
to contracts subject only to the Davis-Bacon Related Acts,
including those set forth at 29 CFR 5.1(a)(2)-(60). Additional
information on contractor requirements and worker protections
under the EO is available at www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/03/2020
* SUTX2011-007 08/03/2011
Rates Fringes
CONCRETE FINISHER (Paving and
Structures)......................$ 14.12
ELECTRICIAN......................$ 19.80
FORM BUILDER/FORM SETTER
Paving & Curb...............$ 13.16
Structures..................$ 13.84
LABORER
Asphalt Raker...............$ 12.69
Flagger.....................$ 10.06
Laborer, Common.............$ 10.72
Laborer, Utility............$ 12.32
Pipelayer...................$ 13.24
Work Zone Barricade
Servicer....................$ 11.68
POWER EQUIPMENT OPERATOR:
Asphalt Distributor.........$ 15.32
Asphalt Paving Machine......$ 13.99
Broom or Sweeper............$ 11.74
Concrete Pavement
Finishing Machine...........$ 16.05
Concrete Saw................$ 14.48
Crane Operator, Lattice
Boom 80 Tons or Less........$ 17.27
Crane Operator, Lattice
408
Boom over 80 Tons...........$ 20.52
Crane, Hydraulic 80 Tons
or Less.....................$ 18.12
Crawler Tractor.............$ 14.07
Excavator, 50,000 pounds
or less.....................$ 17.19
Excavator, over 50,000
pounds......................$ 16.99
Foundation Drill , Truck
Mounted.....................$ 21.07
Foundation Drill, Crawler
Mounted.....................$ 17.99
Front End Loader 3 CY or
Less........................$ 13.69
Front End Loader, over 3 CY.$ 14.72
Loader/Backhoe..............$ 15.18
Mechanic....................$ 17.68
Milling Machine.............$ 14.32
Motor Grader, Fine Grade....$ 17.19
Motor Grader, Rough.........$ 16.02
Pavement Marking Machine....$ 13.63
Reclaimer/Pulverizer........$ 11.01
Roller, Asphalt.............$ 13.08
Roller, Other...............$ 11.51
Scraper.....................$ 12.96
Small Slipform Machine......$ 15.96
Spreader Box................$ 14.73
Servicer.........................$ 14.58
Steel Worker (Reinforcing).......$ 16.18
TRUCK DRIVER
Lowboy-Float................$ 16.24
Off Road Hauler.............$ 12.25
Single Axle.................$ 12.31
Single or Tandem Axle Dump
Truck.......................$ 12.62
Tandem Axle Tractor with
Semi Trailer................$ 12.86
Transit-Mix.................$ 14.14
WELDER...........................$ 14.84
----------------------------------------------------------------
409
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
================================================================
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave
for Federal Contractors applies to all contracts subject to the
Davis-Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after January 1, 2017. If this
contract is covered by the EO, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their
own illness, injury or other health-related needs, including
preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has other
health-related needs, including preventive care; or for reasons
resulting from, or to assist a family member (or person who is
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the EO
is available at www.dol.gov/whd/govcontracts.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)).
----------------------------------------------------------------
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of ""identifiers"" that indicate whether the particular
rate is a union rate (current union negotiated rate for local),
a survey rate (weighted average rate) or a union average rate
(weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed
in dotted lines beginning with characters other than ""SU"" or
410
""UAVG"" denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198
indicates the local union number or district council number
where applicable, i.e., Plumbers Local 0198. The next number,
005 in the example, is an internal number used in processing
the wage determination. 07/01/2014 is the effective date of the
most current negotiated rate, which in this example is July 1,
2014.
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA) governing
this classification and rate.
Survey Rate Identifiers
Classifications listed under the ""SU"" identifier indicate that
no one rate prevailed for this classification in the survey and
the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and
non-union rates. Example: SULA2012-007 5/13/2014. SU indicates
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates
the State of Louisiana. 2012 is the year of survey on which
these classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion
date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a
new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the
classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014. UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in
the example, is an internal number used in producing the wage
411
determination. 08/29/2014 indicates the survey completion date
for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of
each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate is
based.
----------------------------------------------------------------
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
412
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
================================================================
END OF GENERAL DECISION
"
413
414
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Required for this Contract X Not required for this Contract
484
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1. Parking Lot Permit
2. Irrigation Permit
3. TxDOT Permit
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7KHIROORZLQJLVDOLVWRINQRZQRXWVWDQGLQJSHUPLWVDQGRUOLFHQVHVWREHDFTXLUHGLIDQ\DVRI9/25/2020
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5HYLVHGSeptember 20, 2018
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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
488
Certificate Of Completion
Envelope Id: 698367FAAA5C4F1CACBFB9828E3E3BC0 Status: Completed
Subject: Please DocuSign: City Council Contract 7452 - DDSC Parking Lot
Source Envelope:
Document Pages: 95 Signatures: 6 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: 198.49.140.104
Record Tracking
Status: Original
10/12/2020 6:18:58 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: 198.49.140.104
Sent: 10/12/2020 6:23:22 PM
Viewed: 10/12/2020 6:23:31 PM
Signed: 10/12/2020 6:23:33 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: 198.49.140.104
Sent: 10/12/2020 6:23:36 PM
Viewed: 10/13/2020 9:21:04 AM
Signed: 10/13/2020 9:23:38 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: 198.49.140.10
Sent: 10/13/2020 9:23:41 AM
Viewed: 10/19/2020 8:55:37 AM
Signed: 10/19/2020 8:59:04 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Mark Berry
mark@msbconstructorsinc.com
President
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 174.246.138.45
Signed using mobile
Sent: 10/19/2020 8:59:09 AM
Resent: 10/26/2020 9:05:34 AM
Viewed: 10/26/2020 9:52:26 AM
Signed: 10/26/2020 9:54:23 AM
Electronic Record and Signature Disclosure:
Accepted: 10/26/2020 9:52:26 AM
ID: ae52c0d5-82cb-41b0-a0ca-32056126ac3c
489
Signer Events Signature Timestamp
Rebecca Diviney
Rebecca.Diviney@cityofdenton.com
Director of Capital Projects/City Engineer
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 47.222.28.222
Sent: 10/26/2020 9:54:26 AM
Viewed: 10/26/2020 10:03:28 AM
Signed: 10/26/2020 10:04:31 AM
Electronic Record and Signature Disclosure:
Accepted: 10/26/2020 10:03:28 AM
ID: 2cc6ad8d-bdbc-4632-9e93-4833726c05ea
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Contract Administrator
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.104
Sent: 10/26/2020 10:04:35 AM
Viewed: 11/11/2020 10:06:07 AM
Signed: 11/11/2020 10:06:40 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
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: 47.184.93.41
Sent: 11/11/2020 10:06:44 AM
Viewed: 11/11/2020 10:36:18 AM
Signed: 11/11/2020 10:36:25 AM
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
City Secretary
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 11/11/2020 10:36:28 AM
Viewed: 11/11/2020 1:29:30 PM
Signed: 11/11/2020 1:29:53 PM
Electronic Record and Signature Disclosure:
Accepted: 11/11/2020 1:29:30 PM
ID: 02e2f01e-4fcb-4f8b-993d-e6d2498626fe
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: 10/12/2020 6:23:35 PM
Electronic Record and Signature Disclosure:
490
CarIon CopI Events Status Timestamp
Not Offered via DocuSign
Sherri Thurman
sherri.thurman@cityofdenton.com
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 10/26/2020 10:04:35 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Zolaina Parker
Zolaina.Parker@cityofdenton.com
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 11/11/2020 1:29:57 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Trevor Crain
Trevor.Crain@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Sent: 11/11/2020 1:29:58 PM
Viewed: 11/11/2020 1:35:28 PM
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 10/12/2020 6:23:22 PM
Certified Delivered Security Checked 11/11/2020 1:29:30 PM
Signing Complete Security Checked 11/11/2020 1:29:53 PM
Completed Security Checked 11/11/2020 1:29:58 PM
IaIment Events Status Timestamps
Electronic Record and Signature Disclosure
491
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
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this document.
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any such documents from our office to you, you will be charged a $0.00 per-page fee. You may
request delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
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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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us. Thus, you can receive all the disclosures and notices electronically or in paper format through
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consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
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492
How to contact City of Denton:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: purchasing@cityofdenton.com
To advise City of Denton of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures
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494
Docusign Transmittal Coversheet
File Name
Purchasing Contact
Contract Expiration
DocuSign Envelope ID: 149AA27A-FBC3-482A-88B2-617F9CC7C7E1
Cori Power
N/A
7452 - DDSC Parking Lot Improvements CO#1
495
Contractor:MSB Constructor, INC.
103 Oak Grove Lane
Boyd, TX. 76203
David Stansfield
CHANGE ORDER NO.1
7452 PO #:195214
880005 Date Prepared:2/10/21
Contract BID Amount:899,966.00$
5% Contingency Amount:44,998.30$
Prior Approved CAA's:-$
Available Contingency:44,998.30$
32,756.49$ 20
Contingency Remaining:12,241.81$ 206
Item
No.Spec. Section No.UOM BID QTY +/- QTY Unit Price Extended Price
EA -$
-$ -$
-$ -$
-$ -$
$0.00
LS 1 1 32,756.49$ 32,756.49$
-$ -$
-$ -$
$32,756.49
Item
No.Spec. Section No.UOM BID QTY +/- QTY Unit Price Extended Price
3 -$
30 -$
$0.00
-$ -$
-$ -$
$0.00
$32,756.49
899,966.00$
DDSC Parking Lot Improvements $32,756.49
$932,722.49
3.640%
Original BID/Contract Amount:
Contingency funds are used at City's discretion per contract spec language
OTHER FUNDING NEW ITEMS
OTHER FUNDED CONTRACT CHANGES (CO)
QUANTITY CHANGES TO EXISTING ITEMS
NEW ITEMS OF WORK
TOTAL OTHER FUNDED QTY CHANGES:
Description of work
TOTAL CAA NEW ITEMS:
Revised Contract Amount:
Percent Changes:
Description of work
included in Contract:
Work includes reconstruction of the DDSC parking lot. It also includes drainage, irrigation, and
landscaping upgrades.
Project:
IFB#
CIP/ENG#
This CAA Request:
PROJECT SCOPE AND REASON FOR CHANGE
New Contract Days:
Total Change Request:32,756.49$
New Completion:6/19/2021
CITY OF DENTON CHANGE ORDER FORM
City of Denton - Capital Projects
901-A Texas Street
Denton, TX 76209
944,964.30$
-$
Days +/- by:
Trevor Crain, Project Manager
Extra site Demolition
Reason for change:
Additional site demolition: During site excavation, unforseen buried structures were found. These structures had to
be removed in order to treat subgrade and install electrical and irrigation lines.
CONTINGENCY ALLOWANCE AUTHORIZED (CAA) CONTRACT CHANGES
QUANTITY CHANGES TO EXISTING ITEMS
TOTAL CAA QTY CHANGES:
NEW ITEMS OF WORK
Description of work
DDSC Parking Lot Improvements
TOTAL OTHER FUNDED NEW ITEMS:
TOTAL CO AMOUNT:
Total CAA's & CO's:
NO QTY CHANGES TO EXISTING CONTRACT ITEMS
Prior Approved Other Funded CO's:-$
Current Contract Amount w CO's:
This CO Other Funding Request:
Current Completion:5/30/2021
DocuSign Envelope ID: 149AA27A-FBC3-482A-88B2-617F9CC7C7E1
496
Signatory Lines will be updated by Purchasing if required
SUBMITTED BY:_______________________________
ACCEPTED BY CITY ENGINEER/DIRECTOR OF CAPITAL PROJECTS _______________________________
ACCEPTED BY CONTRACTOR: _______________________________________________________________
Name, Title
PURCHASING:_______________________________
IS SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS.
Signature
Signature
Signature
THE AFOREMENTIONED CHANGE, AND WORK AFFECTED THEREBY,
Project Manager
Contractor Name Project Name - Phase CO#1 22,597.18
DocuSign Envelope ID: 149AA27A-FBC3-482A-88B2-617F9CC7C7E1
PresidentMark Berry
497
Project:DDSC Parking Lot Improvements Customer:City of Denton
901-A Texas Street,
Date: 2/2/2021 Denton, TX 76209
Attn:Trevor Crain, PMP
City of Denton - Capitol Projects Contract No: 7452
This proposal contains an itemized quotation for changes in the Contract Sum and/or Contract Time in response to proposed
modifications to the Contract Documents based on existing unforseen conditions or quantity differences found.
Item Total
1 Additional site demo encountered as excavation and demo work started, as follows:29,024.00$
Approx. 954 SF of 11" Thick Gradebeams
Approx. 133 SF of 16" Thick Gradebeams
Approx. 585 SF of 12-14" Thick Gradebeams
(18) Existing Concrete Piers - to be cut down to depth needed to be out of the way
Extra digging for discovery/investigation of items and moving dirt/materials around site.
Price includes cutting, hammering, equipment, fuel, labor, hauling off of materials, & dump fees.
Sub-total 29,024.00$
Insurance 348.29$
Bond 406.34$
Sub-total 29,778.63$
10% Mark up 2,977.86$
Total 32,756.49$
Does Proposed Change involve a change in Contract Sum?[ ] No [x] Yes 32,756.49$
Does Proposed Change involve a change in Contract Time?[ ] No [x] Yes Days 20
MSB Constructors, Inc.City of Denton, Texas
CONTRACTOR OWNER
103 Oak Grove Lane,901-A Texas Street,
Boyd, Texas 76023 Denton, TX 76209
By:David Stanfield By:
Signature:David Stanfield Signature:
Date:2/2/2021 Date:
Description
Additional Demo Scope Items
[Increase / Decrease]
[Increase / Decrease]
Change Order Request #1
DocuSign Envelope ID: 149AA27A-FBC3-482A-88B2-617F9CC7C7E1
498
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).
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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
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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: 149AA27A-FBC3-482A-88B2-617F9CC7C7E1
MSB Constructor, Inc.
3/5/2021
499
Certificate Of Completion
Envelope Id: 149AA27AFBC3482A88B2617F9CC7C7E1 Status: Completed
Subject: ***Purchasing Approval*** 7452 DDSC Parking Lot Improvements - Change Order #1
Source Envelope:
Document Pages: 5 Signatures: 5 Envelope Originator:
Certificate Pages: 6 Initials: 1 Cori Power
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
cori.power@cityofdenton.com
IP Address: 198.49.140.104
Record Tracking
Status: Original
3/4/2021 6:38:58 PM
Holder: Cori Power
cori.power@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Cori Power
cori.power@cityofdenton.com
Senior Buyer
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.104
Sent: 3/4/2021 6:41:09 PM
Viewed: 3/4/2021 6:41:16 PM
Signed: 3/4/2021 6:43:29 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: 198.49.140.104
Sent: 3/4/2021 6:43:30 PM
Viewed: 3/4/2021 7:03:11 PM
Signed: 3/4/2021 7:04:44 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Trevor Crain
Trevor.Crain@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Signature Adoption: Drawn on Device
Using IP Address: 70.237.27.78
Signed using mobile
Sent: 3/4/2021 7:04:46 PM
Viewed: 3/4/2021 7:37:42 PM
Signed: 3/4/2021 7:37:59 PM
Electronic Record and Signature Disclosure:
Accepted: 3/4/2021 7:37:42 PM
ID: 0ee2eca1-f91f-437e-a27d-8a4c40dc5261
Mark Berry
mark@msbconstructorsinc.com
President
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 107.178.5.74
Signed using mobile
Sent: 3/4/2021 7:38:00 PM
Viewed: 3/5/2021 6:56:00 AM
Signed: 3/5/2021 6:56:12 AM
Electronic Record and Signature Disclosure:
Accepted: 3/5/2021 6:56:00 AM
ID: f4fdcdff-96b3-4db2-a6dd-fec945c4ec88
500
Signer Events Signature Timestamp
Rebecca Diviney
Rebecca.Diviney@cityofdenton.com
Director of Capital Projects/City Engineer
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 47.222.28.222
Sent: 3/5/2021 6:56:15 AM
Viewed: 3/8/2021 9:57:54 AM
Signed: 3/8/2021 9:59:27 AM
Electronic Record and Signature Disclosure:
Accepted: 3/8/2021 9:57:54 AM
ID: 2be0d419-b0ea-4677-abb8-61398768d958
Cori Power
cori.power@cityofdenton.com
Senior Buyer
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 3/8/2021 9:59:29 AM
Viewed: 3/8/2021 10:08:55 AM
Signed: 3/8/2021 10:09:00 AM
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: 3/8/2021 10:09:02 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Trevor Crain
Trevor.Crain@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Sent: 3/8/2021 10:09:02 AM
Electronic Record and Signature Disclosure:
Accepted: 3/4/2021 7:37:42 PM
ID: 0ee2eca1-f91f-437e-a27d-8a4c40dc5261
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 3/4/2021 6:41:09 PM
Certified Delivered Security Checked 3/8/2021 10:08:55 AM
Signing Complete Security Checked 3/8/2021 10:09:00 AM
Completed Security Checked 3/8/2021 10:09:02 AM
501
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
502
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Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Trevor Crain, Mark Berry, Rebecca Diviney, Trevor Crain
503
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504
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available to me by City of Denton during the course of my relationship with you.
505
Docusign Transmittal Coversheet
File Name
Purchasing Contact
Contract Expiration
DocuSign Envelope ID: 05BB6E7B-9EDF-4AEE-A29C-03C69EC8CB83
N/A
Cori Power
7454 - DDSC Parking Lot Improvements CO#2
506
Contractor:MSB Constructor, INC.
103 Oak Grove Lane
Boyd, TX. 76203
David Stansfield
CHANGE ORDER NO.2
7452 PO #:195214
NTP Date:12/7/2020 Project Complete Date: 6/30/2021
880005 Date Prepared:3/9/21
Contract BID Amount:899,966.00$
5% Contingency Amount:44,998.30$
Prior Approved CAA's:32,756.49$
Available Contingency:12,241.81$
12,241.81$ 5
Contingency Remaining:-$ 205
Item
No.Spec. Section No.UOM BID QTY +/- QTY Unit Price Extended Price
8 02 41 15 sy 7,365 2,448 5.00$ 12,241.81$
-$ -$
$12,241.81
-$
$0.00
Item
No.Spec. Section No.UOM BID QTY +/- QTY Unit Price Extended Price
12 02 41 15 sy 7,512 1,713 3.50$ 5,995.50$
8 02 41 15 sy 7,512 287.64 5.00$ 1,438.19$
$7,433.69
ls 1 40,432.10$ 40,432.10$
-$ -$
$40,432.10
$60,107.60
899,966.00$
DDSC Parking Lot Improvements $92,864.09
$992,830.09
10.319%
Revised Contract Amount:
Percent Changes:
Total CAA's & CO's:
Project:
IFB#
CIP/ENG#
This CAA Request:
PROJECT SCOPE AND REASON FOR CHANGE
New Contract Days:
Total Change Request:60,107.60$
Approved CO Days: 20
944,964.30$
This CO Other Funding Request:
Original Contract Days:180
47,865.79$
This CO Days Request:
CITY OF DENTON CHANGE ORDER FORM
City of Denton - Capital Projects
901-A Texas Street
Denton, TX 76209
Trevor Crain, Project Manager
Reason for change:
Additional site demolition, excavation and dirt work: During site excavation, unsuitable subgrade was discovered.
This material had to be removed and suitable material brought it. Overrun in asphalt and concrete removal item.
CONTINGENCY ALLOWANCE AUTHORIZED (CAA) CONTRACT CHANGES
QUANTITY CHANGES TO EXISTING ITEMS
TOTAL CAA QTY CHANGES:
NEW ITEMS OF WORK
Description of work
DDSC Parking Lot Improvements
Prior Approved Other Funded CO's:-$
Current Contract Amount w CO's:
Description of work
included in Contract:
Work includes reconstruction of the DDSC parking lot. It also includes drainage, irrigation, and
landscaping upgrades.
Remove Concrete Pavement
Remove Concrete Pavement
Description of work
remove asphalt Pavement
Original BID/Contract Amount:
Contingency funds are used at City's discretion per contract spec language
Extra site Excavation and Earthwork
OTHER FUNDED CONTRACT CHANGES (CO)
QUANTITY CHANGES TO EXISTING ITEMS
NEW ITEMS OF WORK
TOTAL OTHER FUNDED QTY CHANGES:
TOTAL CAA NEW ITEMS:
TOTAL OTHER FUNDED NEW ITEMS:
TOTAL CO AMOUNT:
DocuSign Envelope ID: 05BB6E7B-9EDF-4AEE-A29C-03C69EC8CB83
507
Signatory Lines will be updated by Purchasing if required
SUBMITTED BY:_______________________________
ACCEPTED BY CITY ENGINEER/DIRECTOR OF CAPITAL PROJECTS _______________________________
ACCEPTED BY CONTRACTOR: ____________________________________________________________
Title
PURCHASING:_______________________________
IS SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS.
Signature
Signature
Signature
THE AFOREMENTIONED CHANGE, AND WORK AFFECTED THEREBY,
Project Manager
DocuSign Envelope ID: 05BB6E7B-9EDF-4AEE-A29C-03C69EC8CB83
President
508
Project:DDSC Parking Lot Improvements Customer:City of Denton
901-A Texas Street,
Date: 2/2/2021 Denton, TX 76209
Attn:Trevor Crain, PMP
City of Denton - Capitol Projects Contract No: 7452
This proposal contains an itemized quotation for changes in the Contract Sum and/or Contract Time in response to proposed
modifications to the Contract Documents based on existing unforseen conditions or quantity differences found.
Item Total
1 Extra Excavation/Earthwork scope due to discovered unusable materials at subgrade.35,825.00$
Remove unusable fill material from designated area (approx. 110 LF x 174 LF x 12" deep)
Load and haul away materials, including dump fees.
Purchase and haul in new replacement common fill material and properly compact in lifts.
Move stockpiled materials on site (from extra demo) and spread/compact back on site as needed.
Price includes machinery, labor/operator costs, materials, trucking fees, and dump fees.
Sub-total 35,825.00$
Insurance 429.90$
Bond 501.55$
Sub-total 36,756.45$
10% Mark up 3,675.65$
Total 40,432.10$
Does Proposed Change involve a change in Contract Sum?[ ] No [x] Yes 40,432.10$
Does Proposed Change involve a change in Contract Time?[ ] No [x] Yes Days 5
MSB Constructors, Inc.City of Denton, Texas
CONTRACTOR OWNER
103 Oak Grove Lane,901-A Texas Street,
Boyd, Texas 76023 Denton, TX 76209
By:David Stanfield By:
Signature:David Stanfield Signature:
Date:2/2/2021 Date:
Description
[Increase / Decrease]
[Increase / Decrease]
Change Order Request #2
Additional Earthwork Scope Items
Attachment A
DocuSign Envelope ID: 05BB6E7B-9EDF-4AEE-A29C-03C69EC8CB83
Cori Power
5/6/2021
509
Certificate Of Completion
Envelope Id: 05BB6E7B9EDF4AEEA29C03C69EC8CB83 Status: Completed
Subject: ***Purchasing Approval*** 7452- Daybreak Parking Lot CO#2
Source Envelope:
Document Pages: 4 Signatures: 5 Envelope Originator:
Certificate Pages: 6 Initials: 1 Cori Power
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
cori.power@cityofdenton.com
IP Address: 198.49.140.104
Record Tracking
Status: Original
5/4/2021 4:18:53 PM
Holder: Cori Power
cori.power@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Cori Power
cori.power@cityofdenton.com
Senior Buyer
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.104
Sent: 5/5/2021 8:23:15 AM
Viewed: 5/5/2021 8:24:45 AM
Signed: 5/5/2021 8:25:23 AM
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: 198.49.140.10
Sent: 5/5/2021 8:25:25 AM
Viewed: 5/5/2021 9:28:37 AM
Signed: 5/5/2021 9:28:53 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Trevor Crain
Trevor.Crain@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.104
Sent: 5/5/2021 9:28:54 AM
Viewed: 5/5/2021 9:36:48 AM
Signed: 5/5/2021 9:37:02 AM
Electronic Record and Signature Disclosure:
Accepted: 5/5/2021 9:36:48 AM
ID: 9c2e38f9-41fa-414d-90c6-7525f2ba5256
Mark Berry
mark@msbconstructorsinc.com
President
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 107.178.5.74
Sent: 5/5/2021 9:28:55 AM
Viewed: 5/5/2021 9:30:31 AM
Signed: 5/5/2021 9:31:28 AM
Electronic Record and Signature Disclosure:
Accepted: 5/5/2021 9:30:31 AM
ID: cf5fbcc9-480f-43f2-a015-ca6f1b96c956
510
Signer Events Signature Timestamp
Rebecca Diviney
Rebecca.Diviney@cityofdenton.com
Director of Capital Projects/City Engineer
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 5/5/2021 9:37:04 AM
Viewed: 5/6/2021 10:29:27 AM
Signed: 5/6/2021 10:29:41 AM
Electronic Record and Signature Disclosure:
Accepted: 5/6/2021 10:29:27 AM
ID: 11c86a89-71c7-4682-ae1d-44350b1b6c75
Cori Power
cori.power@cityofdenton.com
Senior Buyer
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.104
Sent: 5/6/2021 10:29:42 AM
Viewed: 5/6/2021 10:45:28 AM
Signed: 5/6/2021 10:45:38 AM
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: 5/6/2021 10:45:41 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Trevor Crain
Trevor.Crain@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Sent: 5/6/2021 10:45:41 AM
Electronic Record and Signature Disclosure:
Accepted: 5/5/2021 9:36:48 AM
ID: 9c2e38f9-41fa-414d-90c6-7525f2ba5256
Tracy Holt
Tracy.Holt@cityofdenton.com
Administrative Assistant
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 5/6/2021 10:45:43 AM
Viewed: 5/6/2021 11:03:21 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
511
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 5/5/2021 8:23:16 AM
Certified Delivered Security Checked 5/6/2021 10:45:28 AM
Signing Complete Security Checked 5/6/2021 10:45:38 AM
Completed Security Checked 5/6/2021 10:45:43 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
512
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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and then wait until we receive back from you your acknowledgment of your receipt of such
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withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your
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DocuSign Express user account to receive required notices and consents electronically from us
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All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through your DocuSign user account all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or
made available to you during the course of our relationship with you. To reduce the chance of
you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Trevor Crain, Mark Berry, Rebecca Diviney, Trevor Crain
513
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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514
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exclusively through electronic means all notices, disclosures, authorizations,
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available to me by City of Denton during the course of my relationship with you.
515
ORDINANCE NO. __________
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL
CORPORATION, AUTHORIZING THE APPROVAL OF CHANGE ORDER NO. 3 TO THE
CONTRACT BETWEEN THE CITY OF DENTON AND MSB CONSTRUCTORS, INC., TO
PROVIDE ADDITIONAL SERVICES FOR THE DEVELOPMENT SERVICES CENTER
PARKING LOT IMPROVEMENTS PROJECT; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 7452 – CHANGE
ORDER NO. 3 IN THE NOT-TO-EXCEED AMOUNT OF $45,395.74, FOR A TOTAL
CONTRACT AWARD AGGREGATED TO $1,038,225.83).
WHEREAS, on November 10, 2020, by Ordinance No. 20-2223, the City Council awarded a
contract to MSB Constructors, Inc., in the amount of $944,964.30, for the construction of the Denton
Development Services Parking Lot Improvements Project for the City of Denton; and
WHEREAS, on March 8, 2021, Purchasing awarded a Change Order No. 1 between the City
of Denton and MSB Constructors, Inc., using contingency funds in the amount of $32,756.49; and
WHEREAS, on May 6, 2021, Purchasing awarded Change Order No. 2 between the City of
Denton and MSB Constructors, Inc., using contingency 12,241.81 and additional fund in the amount
of $47,865.79; and
WHEREAS, the Staff having recommended, and the City Manager having recommended to
the Council that a change order be authorized to amend such contract agreement with respect to the
scope of work and an increase in the payment amount; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Change Order No. 3, increasing the amount of the contract between the City
and MSB Constructors, Inc., which is on file in the office of the Purchasing Agent, in the amount of
Forty-Five Thousand Three Hundred Ninety-Five and 74/100 ($45,395.74) dollars, is hereby
approved, and the expenditure of funds therefore is hereby authorized in accordance with said change
order which shall be attached hereto. The total purchase order amount increases to $1,038,225.83.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by __________________________ and
seconded by _________________________________. This ordinance was passed and approved by the
following vote [___ - ___]:
516
517
Docusign City Council Transmittal Coversheet
File Name
Purchasing Contact
City Council Target Date
Piggy Back Option
Contract Expiration
Ordinance
DocuSign Envelope ID: F15070D9-7CD7-4C89-A501-29EBC9D50223
IFB 7452
DDSC Parking Lot Improvements CO#3
Not Applicable
Cori Power
518
Contractor:MSB Constructor, INC.
103 Oak Grove Lane
Boyd, TX. 76203
David Stansfield
CHANGE ORDER NO.3
7452 PO #:195214
12/7/2020 7/30/2021
880005 Date Prepared:6/10/21
Contract BID Amount:899,966.00$
5% Contingency Amount:44,998.30$
944,964.30$
Prior Approved CAA's:44,998.30$
Available Contingency:-$
-$ 30
Contingency Remaining:-$ 235
Item
No.Spec. Section No.UOM BID QTY +/- QTY Unit Price Extended Price
-$
-$
$0.00
-$ -$
-$ -$
$0.00
Item
No.Spec. Section No.UOM BID QTY +/- QTY Unit Price Extended Price
-$
-$
$0.00
1 LS 1 1 16,571.24$ 16,571.24$
2 Electrical and Illumination Scope Change LS 1 1 11,597.22$ 11,597.22$
3 LS 1 1 17,227.28$ 17,227.28$
$45,395.74
$45,395.74
899,966.00$
944,964.30$
DDSC Parking Lot Improvement $44,998.30
$93,261.53
$1,038,225.83
100.00%
15.36%
9.869%
This Change order is comprised of multiple scope changes. These scope changes include demolition and repair of
exterior stairwell, electrical and illumination changes and pavement marking changes.
CONTINGENCY ALLOWANCE AUTHORIZED (CAA) CONTRACT CHANGES
QUANTITY CHANGES TO EXISTING ITEMS
TOTAL CAA QTY CHANGES:
Amount CAA approved to Date :
TOTAL OTHER FUNDED NEW ITEMS:
TOTAL CO AMOUNT:
Total CAA's :
Total Not to Exceed Amount :
Revised Contract Amount:
Total CO's :
TOTAL CAA NEW ITEMS:
QUANTITY CHANGES TO EXISTING ITEMS
NEW ITEMS OF WORK
TOTAL OTHER FUNDED QTY CHANGES:
Description of work
Project:
IFB#
CIP/ENG#
This CAA Request:
992,830.09$
45,395.74$
This CO Days Request:
Trevor Crain, Project Manager
DDSC Parking Lot Improvement
Prior Approved Other Funded CO's:47,865.79$
Current NTE Contract Amount w CO's:
CITY OF DENTON CHANGE ORDER FORM
City of Denton - Capital Projects
901-A Texas Street
Denton, TX 76209
Percent Changes over NTE:
Work includes reconstruction of the DDSC parking lot. It also includes drainage, irrigation, and
landscaping upgrades.
Original BID/Contract Amount:
Contingency funds are used at City's discretion per contract spec language
Concrete Stairwell Scope Change
Total Change Order over original Bid:
Electrical, markings, and asphalt scope change
OTHER FUNDED CONTRACT CHANGES (CO)
NEW ITEMS OF WORK
Description of work
Description of work
included in Contract:
Reason for change:
PROJECT SCOPE AND REASON FOR CHANGE
New Contract Days:
Total Change Request:45,395.74$
Approved CO Days:25
180
This CO Other Funding Request:
NTP Date:Project Complete Date:
Total NTE Amount :
Original Contract Days:
DocuSign Envelope ID: F15070D9-7CD7-4C89-A501-29EBC9D50223
519
Signatory Lines will be updated by Purchasing if required
SUBMITTED BY:_______________________________
ACCEPTED BY CITY ENGINEER/DIRECTOR OF CAPITAL PROJECTS _______________________________
ACCEPTED BY CONTRACTOR: ____________________________________________________________
Name, Title
CITY MANAGER:_______________________________
ATTEST: CITY SECRETERY _______________________________
PURCHASING:_______________________________
APPROVED AS TO LEGAL FORM:_______________________________
THE AFOREMENTIONED CHANGE, AND WORK AFFECTED THEREBY,
Project Manager
Signature
IS SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS.
Signature
Signature
Signature
Signature
Signature
Contractor Name Project Name - Phase CO#3 $45,395.74
DocuSign Envelope ID: F15070D9-7CD7-4C89-A501-29EBC9D50223
Mark Berry President
520
Certificate Of Completion
Envelope Id: F15070D97CD74C89A50129EBC9D50223 Status: Sent
Subject: Please DocuSign: City Council Contract 7452 DDSC Parking Lot Improvements - CO#3
Source Envelope:
Document Pages: 3 Signatures: 5 Envelope Originator:
Certificate Pages: 6 Initials: 1 Cori Power
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
cori.power@cityofdenton.com
IP Address: 198.49.140.104
Record Tracking
Status: Original
7/21/2021 10:13:41 AM
Holder: Cori Power
cori.power@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Cori Power
cori.power@cityofdenton.com
Senior Buyer
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.104
Sent: 7/21/2021 10:15:05 AM
Viewed: 7/21/2021 10:15:20 AM
Signed: 7/21/2021 10:15:54 AM
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: 198.49.140.104
Sent: 7/21/2021 10:15:56 AM
Viewed: 7/21/2021 10:16:47 AM
Signed: 7/21/2021 10:17:01 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Marcella Lunn
marcella.lunn@cityofdenton.com
Deputy City Attorney
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 68.185.202.16
Sent: 7/21/2021 10:17:05 AM
Viewed: 7/21/2021 10:17:39 AM
Signed: 7/21/2021 10:18:11 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Trevor Crain
Trevor.Crain@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 7/21/2021 10:18:13 AM
Viewed: 7/21/2021 10:18:34 AM
Signed: 7/21/2021 10:18:44 AM
Electronic Record and Signature Disclosure:
Accepted: 7/21/2021 10:18:34 AM
ID: fd477d2f-0398-49b7-9c3a-488d90c911a0
521
Signer Events Signature Timestamp
Mark Berry
mark@msbconstructorsinc.com
President
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 107.178.5.74
Sent: 7/21/2021 10:18:47 AM
Viewed: 7/21/2021 10:22:40 AM
Signed: 7/21/2021 10:22:54 AM
Electronic Record and Signature Disclosure:
Accepted: 7/21/2021 10:22:40 AM
ID: 756d7f90-1aa2-4c42-8b15-fdb3a0733283
Rebecca Diviney
Rebecca.Diviney@cityofdenton.com
Director of Capital Projects/City Engineer
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 47.190.47.120
Signed using mobile
Sent: 7/21/2021 10:18:47 AM
Viewed: 7/21/2021 11:26:14 AM
Signed: 7/21/2021 11:26:31 AM
Electronic Record and Signature Disclosure:
Accepted: 7/21/2021 11:26:13 AM
ID: cdfa88b6-5ccd-4574-8b16-e9847d22aed7
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Contract Administrator
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 7/21/2021 11:26:34 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Sara Hensley
sara.hensley@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Rosa Rios
rosa.rios@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 7/21/2021 12:47:30 PM
ID: 54501930-1a4f-4139-a835-9f665ceae165
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
522
Carbon Copy Events Status Timestamp
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Contract Administrator
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 7/21/2021 10:15:56 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Gretna Jones
gretna.jones@cityofdenton.com
Legal Secretary
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 7/21/2021 11:26:33 AM
Viewed: 7/21/2021 12:48:09 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
City Secretary Office
citysecretary@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Carol Roberts
Carol.Roberts@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Cheyenne Defee
cheyenne.defee@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 7/21/2021 10:15:05 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
523
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Denton (we, us or Company) may be required by law to provide to
you certain written notices or disclosures. Described below are the terms and conditions for
providing to you such notices and disclosures electronically through your DocuSign, Inc.
(DocuSign) Express user account. Please read the information below carefully and thoroughly,
and if you can access this information electronically to your satisfaction and agree to these terms
and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of
this document.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. For such copies, as long as you are an authorized user of the
DocuSign system you will have the ability to download and print any documents we send to you
through your DocuSign user account for a limited period of time (usually 30 days) after such
documents are first sent to you. After such time, if you wish for us to send you paper copies of
any such documents from our office to you, you will be charged a $0.00 per-page fee. You may
request delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. To indicate to us that you are changing your mind, you must
withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your
DocuSign account. This will indicate to us that you have withdrawn your consent to receive
required notices and disclosures electronically from us and you will no longer be able to use your
DocuSign Express user account to receive required notices and consents electronically from us
or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through your DocuSign user account all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or
made available to you during the course of our relationship with you. To reduce the chance of
you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Trevor Crain, Mark Berry, Rebecca Diviney, Rosa Rios
524
How to contact City of Denton:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: purchasing@cityofdenton.com
To advise City of Denton of your new e-mail address
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City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 21-1406,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 First Amendment to Solid Waste
Disposal Contract with Frontier Access, LLC; and providing an effective date.
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City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET DEPARTMENT: Solid Waste and Recycling
ACM: David Gaines DATE: July 27, 2021
SUBJECT
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a First Amendment to Solid Waste Disposal Contract with Frontier Access, LLC; and providing an effective date.
BACKGROUND On October 19, 2019, the City of Denton Solid Waste and Recycling Department entered into a Wholesale Disposal Agreement with Frontier Access, LLC to deliver guaranteed volume to the City of Denton Landfill
in exchange for preferred rates. As part of this agreement, the City is required to maintain access to the
working face during the landfill’s posted hours. Throughout the end of CY2019 and the beginning of CY2020 significant rain events in Denton resulted in a slowing of landfill traffic to the point of a several hours delay to dump collected material, significantly impacting Frontier’s ability to service their customers in a timely manner. As a result, Frontier found itself unable to deliver its entire commitment to the City of
Denton Landfill in Year 1. Based on an evaluation of average delivery and days of significant operational
impacts, Frontier and the City concur that 1,839.82 tons of waste were affected and undeliverable to the Denton Landfill. A request has been made to move 1,839.82 tons of the volume commitment, and associated costs, in Year
1 to the Year 2 delivery commitment. There is no change to the net tonnage delivered or fees collected of
the life of the contract. RECOMMENDATION
EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Ordinance and Contract
Exhibit 3: Frontier Access LLC
Respectfully submitted: Brian Boerner, 940-349-8001
Solid Waste Director
City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com
528
Page 1
ORDINANCE NO. ___________
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL
CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST
AMENDMENT TO SOLID WASTE DISPOSAL CONTRACT WITH FRONTIER ACCESS,
LLC.; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council entered into a contract with Frontier Access, LLC.
(“Contractor”) for the delivery of predictable tonnages of solid waste to the City of Denton
Landfill for both revenue and management purposes; and
WHEREAS, the Contractor did not meet the obligation for the first contract year of the
term due to landfill accessibility, and wishes to transfer the additional amount to the current
contract year; and
WHEREAS, the City of Denton has determined that this First Amendment to the Solid
Waste Disposal Contract is in the public interest; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this Ordinance
are incorporated herein by reference.
SECTION 2. The City Council of the City of Denton hereby approves the First
Amendment attached hereto.
SECTION 3. The City Manager, or designee, is hereby authorized to execute the
contract and to carry out the duties and responsibilities of the City as provided in the Contract.
SECTION 4. 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 Gerard Hudspeth: ______ ______ ______ ______
Vicki Byrd, District 1: ______ ______ ______ ______
Brian Beck, District 2: ______ ______ ______ ______
Jesse Davis, District 3: ______ ______ ______ ______
Alison Maguire, District 4: ______ ______ ______ ______
Deb Armintor, At Large Place 5: ______ ______ ______ ______
Paul Meltzer, At Large Place 6: ______ ______ ______ ______
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PASSED AND APPROVED this the _________ day of ___________________, 2021.
__________________________________
GERARD HUDSPETH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
BY: __________________________________
APPROVED AS TO LEGAL FORM:
CATHERINE CLIFTON, INTERIM CITY ATTORNEY
BY: __________________________________
Digitally signed by Catherine Clifton
DN: dc=com, dc=cityofdenton, dc=codad,
ou=Department Users and Groups,
ou=General Government, ou=Legal,
cn=Catherine Clifton,
email=Catherine.Clifton@cityofdenton.co
m
Date: 2021.07.13 22:25:57 -05'00'
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Digitally signed by Catherine Clifton DN: dc=com, dc=cityofdenton, dc=codad,
ou=Department Users and Groups,
ou=General Government, ou=Legal,
cn=Catherine Clifton,
email=Catherine.Clifton@cityofdenton.com
Date: 2021.07.13 22:26:29 -05'00'
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City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 21-1446,Version:1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton,Texas,authorizing the Interim City Manager,or her
designee,to execute an Interlocal Cooperation Contract in the form of a Memorandum of Understanding with
the State of Texas,Texas Department of Public Safety,authorizing the Denton Police Department to perform
Uniform Commercial Vehicle Weight Inspections and Enforcement; and providing an effective date.
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City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: POLICE
CM/ DCM/ ACM: Frank Dixon, Interim Assistant City Manager
DATE: July 27, 2021
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas, authorizing the Interim City Manager, or
her designee, to execute an Interlocal Cooperation Contract in the form of a Memorandum of Understanding
with the State of Texas, Texas Department of Public Safety, authorizing the Denton Police Department to
perform Uniform Commercial Vehicle Weight Inspections and Enforcement; and providing an effective
date.
BACKGROUND
Since 2006, the Denton Police Department has worked cooperatively with the Texas Department of Public
Safety (DPS) on commercial motor vehicle safety enforcement. The goal of Commercial Vehicle
Enforcement is to reduce commercial motor vehicle accidents, fatalities, and injuries through consistent,
uniform, and effective CMV safety programs. The CMV program detects, corrects or temporarily puts out
of service commercial vehicles that exhibit safety defects, driver deficiencies, and unsafe motor carrier
practices before they become contributing factors to crashes and a hazard to the citizens of Denton.
DPS provides training, testing and certification of officers within the Traffic Section of the police
department who are assigned to commercial motor vehicle enforcement activities. These officers may
conduct random, in-person observation of weight enforcement inspections to ensure adherence to the
Department of Public Safety certification standards. In order to perform enforcement activities under
Chapter 621, the Police Department is required to enter a Memorandum of Understanding (MOU) with the
Department of Public Safety that specifies the roles and obligations of each agency. This agreement must
be renewed every two (2) years. The Department agrees to certification training of their officers, purchase
the approved scales to meet State standards and provide the required annual reports on enforcement
activities.
RECOMMENDATION
Staff recommends Council approve this ordinance.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Council approved Ordinance 19-1916 on August 13, 2019.
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
536
FISCAL INFORMATION
No cost to the City of Denton.
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Ordinance and MOU
Respectfully submitted:
Bobby Smith
Assistant Chief of Police
Prepared by:
Robin Fox
Senior Executive Assistant
537
ORDINANCE NO. _______________
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE INTERIM
CITY MANAGER, OR HER DESIGNEE, TO EXECUTE AN INTERLOCAL COOPERATION
CONTRACT IN THE FORM OF A MEMORANDUM OF UNDERSTANDING WITH THE
STATE OF TEXAS, TEXAS DEPARTMENT OF PUBLIC SAFETY, AUTHORIZING THE
DENTON POLICE DEPARTMENT TO PERFORM UNIFORM COMMERCIAL VEHICLE
WEIGHT INSPECTIONS AND ENFORCEMENT; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, pursuant to Texas Government Code Chapter 791, Interlocal Cooperation
Contracts, the City wishes to establish through a Memorandum of Understanding (MOU) with the
State of Texas, Texas Department of Public Safety, the parameters for the enforcement of state
laws on uniform commercial vehicle weight enforcement within the Texas Transportation Code
Chapter 621, Subchapter F; and
WHEREAS, this MOU specifies responsibilities of the City and the Texas Department of
Public Safety, including but not limited to approved state training, certification requirements,
approved scale use, annual scale re-calibration, violation report requirements, and mandated
reporting; and
WHEREAS, the City believes that this MOU is in the best interests for the safety of the
citizens of the City of Denton, and that a valid government purpose is served by said designation;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1: The findings and recitations contained in the preamble of this Ordinance are
incorporated herein by reference.
SECTION 2: The Interim City Manager, or her designee, is hereby authorized to execute
the Memorandum of Understanding on behalf of the City of Denton with the State of Texas, Texas
Department of Public Safety, authorizing the Denton Police Department to perform commercial
motor vehicle inspections and enforcement, which is attached hereto as Exhibit “A,” made a
part hereof by reference and is hereby approved.
SECTION 3: That this Ordinance shall become effective immediately upon its passage
and approval.
The motion to approve this Ordinance was made by __________________________ and seconded
by _________________________________; this Ordinance was passed and approved by the
following vote [___ - ___]:
538
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542
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 21-1447,Version:1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton,Texas,authorizing the Interim City Manager,or her
designee,to execute an Interlocal Cooperation Contract in the form of a Memorandum of Understanding with
the State of Texas,Texas Department of Public Safety,establishing responsibilities,policies,and guidelines for
the Denton Police Department to conduct Federal Safety Regulation Inspections;and providing an effective
date.
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City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: POLICE
CM/ DCM/ ACM: Frank Dixon, Interim Assistant City Manager
DATE: July 27, 2021
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas, authorizing the Interim City Manager, or
her designee, to execute an Interlocal Cooperation Contract in the form of a Memorandum of Understanding
with the State of Texas, Texas Department of Public Safety, establishing responsibilities, policies, and
guidelines for the Denton Police Department to conduct Federal Safety Regulation Inspections; and
providing an effective date.
BACKGROUND
Since 2006, the Denton Police Department has worked cooperatively with the Texas Department of Public
Safety (DPS) on Commercial Motor Vehicle Safety Enforcement (CMV). The goal of CMV safety
enforcement is to reduce commercial motor vehicle accidents, fatalities, and injuries through consistent,
uniform, and effective CMV safety programs. The CMV program detects, corrects or temporarily puts out
of service commercial vehicles that exhibit safety defects, driver deficiencies, and unsafe motor carrier
practices before they become contributing factors to crashes and a hazard to the citizens of Denton.
DPS provides training, testing and certification of officers within the Traffic Section of the police
department who are assigned to commercial motor vehicle enforcement activities. These officers may
conduct random, in-person observation of weight enforcement inspections to ensure adherence to the
Department of Public Safety certification standards. In order to perform enforcement activities under
Chapter 621, the Police Department is required to enter a Memorandum of Understanding (MOU) with the
Department of Public Safety in order to ensure uniformity with state and federal enforcement guidelines.
RECOMMENDATION
Staff recommends Council approve this ordinance.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Council approved Ordinance 19-1917 on August 13, 2019.
FISCAL INFORMATION
No cost to the City of Denton.
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
544
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Ordinance and MOU
Respectfully submitted:
Bobby Smith
Assistant Chief of Police
Prepared by:
Robin Fox
Senior Executive Assistant
545
ORDINANCE NO. _______________
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE INTERIM
CITY MANAGER, OR HER DESIGNEE, TO EXECUTE AN INTERLOCAL COOPERATION
CONTRACT IN THE FORM OF A MEMORANDUM OF UNDERSTANDING WITH THE
STATE OF TEXAS, TEXAS DEPARTMENT OF PUBLIC SAFETY, ESTABLISHING
RESPONSIBILITIES, POLICIES, AND GUIDELINES FOR THE DENTON POLICE
DEPARTMENT TO CONDUCT FEDERAL SAFETY REGULATION INSPECTIONS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to Texas Government Code Chapter 791, Interlocal Cooperation
Contracts, the City wishes to establish through a Memorandum of Understanding (“MOU”) with
the State of Texas, Texas Department of Public Safety, the parameters for enforcing Federal safety
regulations; and
WHEREAS, this MOU authorizes Denton Police officers to conduct Federal safety
regulation inspections in accordance timeliness and accuracy standards imposed by the Federal
Motor Carrier Safety Administration and through the implementation of procedures for
compliance of the minimum standards outlined in the MOU, including minimum certification
requirements in training programs and policies and guidelines for conducting Federal safety
regulation inspections; and
WHEREAS, the City believes this MOU is in the best interests for the safety of the citizens
of the City of Denton, and that a valid government purpose is served by said designation; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1: The findings and recitations contained in the preamble of this Ordinance are
incorporated herein by reference.
SECTION 2: The Interim City Manager, or her designee, is hereby authorized to execute
this MOU on behalf of the City of Denton with the Texas Department of Public Safety, establishing
responsibilities, policies, and guidelines for the Denton Police Department to conduct Federal
safety regulation inspections, which is attached hereto as Exhibit “A ,” and made a part
hereof by reference and is hereby approved.
SECTION 3: That this Ordinance shall become effective immediately upon its passage
and approval.
The motion to approve this Ordinance was made by __________________________ and seconded
by _________________________________; this Ordinance was passed and approved by the
following vote [___ - ___]:
546
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City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 21-1552,Version:1
Consider approval of a resolution of the City of Denton abolishing The Community Development Advisory
Committee; and providing an effective date.
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City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Community Services
CM/ DCM/ ACM: Sara Hensley, Interim City Manager
DATE: July 27, 2021
SUBJECT
Consider approval of a resolution of the City of Denton abolishing The Community Development Advisory
Committee; and providing an effective date.
BACKGROUND
There are two committees that currently advise City Council on program development and funding granted
through Community Services. The Community Development Advisory Committee (CDAC) was
established in 1978 to advise on the processes and allocation of the Community Development Grant
Program. In 1989, the Human Services Advisory Committee (HSAC) was established to advise and assist
with the coordination of human services programming and funding supported by the City of Denton.
Community Services staff support both the CDAC and HSAC.
The CDAC advises on the allocation of federal funding allocated to the City by the Department of Housing
and Urban Development (HUD): Community Development Block Grant (CDBG), HOME Investment
Partnership (HOME). The HSAC advises on General Fund dollars allocated for human services grants to
nonprofit organizations providing services in the City.
DISCUSSION
Each committee was established to advise and shepherd community funding and programs in the City, but
the City’s engagement and role in assessing and responding to community needs has since changed. The
City of Denton has expanded to fund community needs and engage with coalitions and committees beyond
the single grant programs overseen by CDAC and HSAC. Increasingly, City Council has indicated support
for the growing investment in initiatives that address complex social problems such as poverty, housing,
homelessness, and more.
The CDAC and HSAC are strategically more similar than different in purpose, operation, and knowledge.
The purpose of each committee is to identify community needs and support the implementation of services
to meet community needs. Operationally, the separation causes procedural barriers and results in duplication
of efforts. Evaluation and recommendations are conducted concurrently, and the HSAC must wait for the
CDAC to make decisions before they can make their final evaluations and recommendations. Currently
staff track and communicate federal and local funding recommendations to Council separately. There is
often overlap in communication and knowledge building processes. Staff is frequently scheduling two
meetings to convey the same information in effort to provide committees with the data they need to make
informed decisions on funding recommendations.
On June 22, 2021 Staff presented a work session to City Council seeking direction regarding a staff
recommendation to dissolve the CDAC and HSAC then create a new committee of community partners
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
557
who can look at community needs together around the same problem-solving table and implement a process
that optimizes resources.
The goal of a single committee to:
Optimize Existing City Resources.
Reduce Duplication of efforts.
Engage members around a year-round, strategic conversation for a community-wide coordinated
response to identified community needs (instead of through two separate conversations).
Empower members to set measurable goals and achieve a greater sense of shared accountability of
public resources.
Facilitate a more informed and comprehensive resource allocation process.
Facilitate resource allocation more quickly and efficiently.
City Council provided direction to staff to proceed and requested that staff provide City Council with
feedback from the current CDAC and HSAC members on the proposed dissolution of the current CDAC
and HSAC together with the establishment of a new committee. The CDAC and HSAC were surveyed and
the committees held a joint meeting on July 16, 2021.
Survey Results
Committee members were asked to share feedback via survey regarding the proposed new committee ahead
of the work session. Seventy percent (70%) members (14/20) responded.
1. Do you think combining the Community Development and Human Services Advisory Committees
would be beneficial? (86% Yes)
o 12 Yes
o 2 No (1 requested additional information behind the proposal)
3. Would you be willing to serve on a committee that meets more regularly to review items and
provide feedback? (92% Yes)
o 13 Yes
o 1 No Response (The member not returning)
4. Suggestions/Recommendations:
o 7 (50%) – No suggestions
o 4 (29%) – Supportive of new committee
o 1 (7%) – Requested additional information
o 1 (7%) – Scheduling questions related to meeting commitment requirements
o 1 (7%) – Against the new committee
Joint CDAC/HSAC Meeting on July 16, 2021
Discussion on potential downsides: Members discussed potential negatives to the committee
changes.
o For existing members who like the specialized role they currently serve, the change in the
committee focus from only the two (2) grant program to advising more programs and the
ongoing strategic work may not be desired.
o As a result of forming new committee, some members may not be selected to continue to
serve. There is concern who would still get to serve if a new committee is formed.
o There may be fewer citizens involved in the conversation.
Discussion in support: Members discussed potential positives to the committee changes.
o Aligns with Denton’s growth and changing community needs
o Improves responsiveness and the ability to distribute funding faster
o It will be a better use of City resources (streamline efforts, creates efficiencies)
558
o One committee for staff to regularly seek advice and guidance in response to the City’s
broader initiatives addressing complex social needs such as poverty, housing and
homelessness, including opportunities for new funding, programs, and community services
o Better service to the community from a more nimble single committee with a greater ability
to make more informed strategic recommendations to City Council.
o Move from a single application process to a proactive process to encourage community
partners to address identified gaps in current community services.
Discussion on Size/Quorum: Members discussed what would be optimal committee size and other
issues related to the committee composition of a new committee.
o In effort to ensure adequate community input while optimizing size for quorum needs, there
was consensus to make the recommendation for a minimum of 11 and a max of 15 members
if a new committee is formed.
o Members discussed what action can be taken in a meeting when a quorum is present and
when a quorum in not present? A quorum is needed to hold a meeting and to take action.
o Options were discussed for other ways to engage in wider Citizen Participation Activities
that do not require committee membership.
o Other options were discussed that required clarification from legal:
Options where discussed for utilizing subcommittees to engage larger community.
Staff reviewed with legal what authorities could be granted through resolution for
the committee to form subcommittees including options for both subcommittees of
current committee member and subcommittees of non-committee members. After
discussion with legal and in alignment with the members goals, staff is
recommending that rather than establishing subcommittees, the Committee could
hold public hearings for the purpose of soliciting and receiving public feedback. The
Committee could also invite special guests (e.g., agencies) to make a presentation
with staff.
Options where discussed on how to use committee alternates to positively effect
quorum. Staff reviewed with legal the possibility of using alternates with voting
authority as needed to meet quorum. Consideration was also reviewed for alternate
terms that would not negatively affect an alternate who later becomes a member and
an alternate’s impact to current City Boards and Commissions Attendance Policy.
After discussion with legal, while naming alternates is permissible, currently
alternates have only been named for City boards having judicial or quasi-judicial
authority such as the Board of Ethics, Health and Building Standards Commission
and Zoning Board of Adjustment and for the regional Denton County Transportation
Authority. In consideration that the result of advisory committee deliberations is a
recommendation to Council, not a ruling, staff is recommending that alternates not
be considered at this time.
Discussion on Appointment process: Members discussed what would the appointment process look
like for a new committee
o The appointment process was reviewed.
o An option was discussed for a recommendation to Council to prioritize members of the
former CDAC and HSAC for appointment to the new committee as appropriate.
Discussion on Ex-officio United Way: Members discussed the option for a United Way
representative to serve as ex-officio member to the new committee
o There was not consensus on the inclusion of the ex-officio.
o Consensus was to recommend it not be considered in the forming but to leave this question
to the new committee to decide (and amend resolution later if desired).
Against the committee changes:
o One (1) Member who was not able to attend the joint meeting indicated by email to the
HSAC Chair being against the committee changes.
559
Based on direction from City Council and with majority consensus of the CDAC and HSAC members, staff
is recommending:
1. abolishing the current CDAC, and
2. repealing the HSAC, and
3. creating a Community Services Advisory Committee.
Staff will present to Council on July 27 the three actions in a single presentation.
ID 21-1552: ABOLISHING THE COMMUNITY DEVELOPMENT ADVISORY COMMITTEE
The CDAC was created through a resolution approved on SEPTEMBER 19, 1978 (resolutions not
numbered at that time). Per Code Section 2-29(h)(2), staff has prepared a resolution to abolish the CDAC.
ID 21-1553: REPEALING THE HUMAN SERVICES ADVISORY COMMITTEE
The HSAC was codified by ordinance in Chapter 14, Article III of the Code of Ordinances of the City of
Denton. Staff has prepared an ordinance to repeal Article III, including Sections 14.61 and 14.62, from
Chapter 14 of the Code.
ID 21-979: CREATING A COMMUNITY SERVICES ADVISORY COMMITTEE
Per Code Section 2-29(h)(2), staff is recommending the creation by resolution of a Community Services
Advisory Committee with committee composition of eleven (11) members, with each Council Member
appointing one committee member and four committee members appointed at large by a vote of at least
four Council Members, unless otherwise directed by City Council on the number and appointment of
members. At its inception, to create staggered terms for the committee members, the seven committee
members appointed by each Council Member would serve a two-year term and the four committee members
appointed at large would serve a one-year term. Thereafter, all members would be appointed for a two-year
term, with seven members appointed in odd numbered years and four members appointed in even numbered
years.
Upon approval of the resolution creating the Community Services Advisory Committee, staff from
Community Services and City Secretary’s office would implement the plan for the initial committee period
starting September 1.
TIMELINE
July 27, 2021 –
o Council approves Resolution to abolish CDAC, and
o Council approves and Ordinance to repeal the HSAC, and
o Council approves the Resolution to create the Community Services Advisory Committee
August 2021 – City Secretary’s Office recruits members for new committee along regular
appointment schedule.
September 2021 – New committee meets for the first time.
OPTIONS
Approve Resolution (ID 21-1552) to abolish CDAC as presented, and
Do not approve the Resolution
EXHIBITS
Exhibit 1 – Agenda Information Sheet
Exhibit 2 – Community Development Advisory Committee Resolution
Exhibit 3 – Resolution
Exhibit 4 – Presentation
560
Respectfully submitted:
Courtney Cross
Assistant Community Services Manager
Dani Shaw
Director of Community Services
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AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON,
TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 19TH
DAY OF SEPTEMBER, A. D. 1978.
RESOLUTION
WHEREAS, the City of Denton, Texas has a history of involving
its cltlzens in all facets of decision making; and
WHEREAS, the C~ty of Denton w~ll continue to be ~nvolved ~n
the Community Development Block Grant Program; and
WHEREAS, it ~s recognized that the City of Denton needs a Com-
munity Development Advisory Commlttee an order to assure clt~zen
part~c~patlon in all stages of the grant process.
NOWt T}IEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DENTON, TEXAS:
1. That there is hereby created a Community Development Advi-
sory Committee to be composed of n~ne (9) members appolnted by the
C~ty Council for two (2) year terms. The commattee members shall
have staggered terms with f~ve (5) members being appointed during
even numbered years and four (4) members being appolnted during odd
numbered years. At its lnceptlon, the Caty Councll shall appoint
fave (5) members to the Committee for a two (2) year term and four
4) members to the committee for a one (1) year term. Members of
the committee may be removed by the City Council for cause Vacan-
cies shall be f~lled ~n the same manner provided for regular appoint-
ments.
2. That the C~ty Manager or his designee shall be an ex-off,cIo
member of the ¢ommlttee. He shall attend all meetings of the com-
mittee and shall have the r~ght to discuss any matter that as under
conslderatlon by the committee but shall have no vote.
3. That members of the committee shall be catlzens of the City
of Denton.
4. That at the first meeting each year after members have been
sworn an, the committee shall select from ~ts owner membership a
chairperson and vice chairperson. Any f~ve of the regularly appointed
members shall constitute a quorum. The commlttee shall determlne ~ts
562
own rules and order of business, and shall meet as necessary All
meetings shall be open to the public and a permanent record of pro-
ceedlngs maintaIned
5. It shall be the duty of the Community Development Advisory
Committee:
a) To act in an advisory capacity to the City Council in the
determination of priorities and program development for Community
Development Grant Programs.
b) To act as a recommending body for subsequent amendments to
the Community Development Grant Program
c) To serve in a leadership role in the process of planning,
lmplementzng, and assessing the Community Development Program and
implementing the Cztlzen Partzc~patlon Plan
PASSED and APPROVED this the 19th day of September, A. D
1978.
C~MITCHEL~, MAYOR
OF DENTON, TEXAS
ATTEST.
ITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FOR~:
PAUL C. ISHAM, CITY ATTORNEY
CITY OF DENTON, TEXAS
563
RESOLUTION NO.________________
A RESOLUTION OF THE CITY OF DENTON ABOLISHING THE COMMUNITY
DEVELOPMENT ADVISORY COMMITTEE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, there are two committees currently advising the City Council on program
development and funding regarding community services: the Community Development Advisory
Committee (“CDAC”), created September 19, 1978 by resolution, and the Human Services
Advisory Committee (“HSAC”), codified August 18th, 1989 by Ordinance No. 1989-098 and
currently set forth in Article III, “Human Services Committee,” of Chapter 14 of the Code of the
City of Denton, Texas; and
WHEREAS, originally the missions of the CDAC and HSAC were distinct; however, in
recent years their missions are strategically more similar than different in purpose and the
separation of their activities into two committees causes procedural barriers and duplication of
efforts; and
WHEREAS, the City Council finds that it is in the public interest to abolish the CDAC by
resolution and to repeal Article III, “Human Services Committee,” of Chapter 14 of the Code of
the City of Denton, Texas by separate ordinance and further finds that it would promote improved
communication, effectiveness and results to create by separate resolution a new committee to
advise the City Council regarding a coordinated community-wide response to meet prioritized
community needs; and
WHEREAS, the City Council finds that it is in the public interest to abolish the CDAC
in anticipation of creating a new advisory committee; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION l. That the findings and recitations contained in the preamble of this
resolution are incorporated herein by reference as true and as if fully set forth in the body of this
resolution.
SECTION 2. That the Community Development Advisory Committee is hereby abolished
and shall immediately cease to exist.
SECTION 3. This resolution shall become effective immediately upon its passage and
approval.
564
The motion to approve this resolution was made by __________________________ and
seconded by _________________________________. The resolution was passed and approved
by the following vote [___ - ___]:
Aye Nay Abstain Absent
Gerard Hudspeth, Mayor:
Vicki Byrd, District 1:
Brian Beck, District 2:
Jesse Davis, District 3:
Alison Maguire, District 4:
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED this the _________ day of ___________________, 2021.
__________________________________
GERARD HUDSPETH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
BY: __________________________________
APPROVED AS TO LEGAL FORM:
CATHERINE CLIFTON, INTERIM CITY ATTORNEY
BY: __________________________________ Kendra Kennedy
565
Formation of Community Services Advisory CommitteeCOMMUNITY SERVICESWORKING TO PROVIDE QUALITY AFFORDABLE HOUSING, A SUITABLE LIVING ENVIRONMENT, AND EXPANDING ECONOMIC OPPORTUNITY, PRINCIPALLY FOR PERSONS OF LOW TO MODERATE INCOME.566
COMMITTEE BACKGROUNDCOMMUNITY DEVELOPMENT ADVISORY COMMITTEEEstablished: 1978Composition: 9 members, 1 appointment per Council member and 2 at‐largeFunction: Make recommendations to City Council for Community Development GrantFunding Source(s):oCommunity Development Block Grant ProgramoHOME Investment Partnership Program oCommunity Development Block Grant CARES Act ProgramHUMAN SERVICES ADVISORY COMMITTEEEstablished: 1989Composition: 11 members, 1 appointment per Council member and 4 at‐largeFunction: Make recommendations to City Council for Human Services GrantFunding Source(s):oCity of Denton General FundoCommunity Development Block Grant ProgramID 21‐979, 21‐1552, 21‐1553567
COMMITTEE FUTUREThe goal of a single committee will:Optimize Existing City Resources.Reduce Duplication of efforts.Engage members around a year‐round, strategic conversation for a community‐wide coordinated response to identified community needs. Empower members to set measurable goals and achieve a greater sense of shared accountability of public resources.Facilitate a more informed and comprehensive resource allocation process.Facilitate resource allocation more quickly and efficiently. ID 21‐979, 21‐1552, 21‐1553568
SURVEY FEEDBACKCommittee members were asked to share feedback via survey regarding the proposed new committee ahead of the work session.14 of 20 (70%) members responded1.Do you think combining the Community Development and Human Services Advisory Committees would be beneficial? 86% Yeso12 Yes o2 No (1 requested additional information behind the proposal)2.Would you be willing to serve on a committee that meets more regularly to review items and provide feedback? 92% Yeso13 Yes o1 No Response (The member not returning)3.Suggestions/Recommendations:o7 (50%) – No suggestionso4 (29%) – Supportive of new committeeo1 (7%) – Requested additional informationo1 (7%) – Scheduling questions related to meeting commitment requirementso1 (7%) – Against the new committee ID 21‐979, 21‐1552, 21‐1553569
CDAC/HSAC JOINT MEETING FEEDBACKDiscussion on potential downside: oChange in current processes may not be desired by all and more meetings may impact time commitments for membersoAs a result forming new committee, some current members may not be selected to continue to serve. oFewer citizens involved in the conversationDiscussion in support:oAligns with Denton’s growth and changing needsoImproves responsiveness and use of City resources. Examples included: get funding out more quickly and efficiently, streamline processes, improve recommendations to meet community needs)oProvides staff with a committee to regularly seek advice and guidance for addressing complex social needs such as poverty, affordable housing, homelessnessoProviding better service to community with a better informed committee, making strategic recommendations to inform policy direction from Council Discussion on Size/Quorum: oWhat is the right balance to ensure community input while optimizing size for quorum. Recommendation for a minimum of 11, max of 15oDiscussed options for subcommittees and/or alternates and option to address quorum requirementsoClarification about reappointment process and what would be the impact to current members serving on new committeeDiscussion on Ex‐officio United Way: oMixed input to include a dedicated United Way ex‐officio roleoConsensus was to not include at this time but leave to the new committee to decide later (and amend resolution later if desired)Against:o1 Member by EmailID 21‐979, 21‐1552, 21‐1553570
CURRENT COMMITTEESID 21‐979, 21‐1552, 21‐1553COUNCIL CDAC Term HSAC Term1 (Byrd) Nancy Crisco (08/31/21‐p) HudspethAnne ScaggsNEW(08/31/21‐p) Johnson2 (Beck) Jane Piper‐Lunt(08/31/21‐2) BriggsGretchen Busl(08/31/22‐2) Baker3 (Davis) Doray Hill(08/31/22‐1) DavisPatricia LaBeau(08/31/21‐1) DavisWilling to step down4 (Maguire)Kimberly Lewis NEW(08/31/21‐p) McGuireRhonda Love(08/31/22‐2) Ryan5 (Armintor)John Catlin NEW(08/31/22‐p) ArmintorNathaniel Johnson(08/31/21‐p) Armintor6 (Meltzer)Fran Witte(08/31/21‐2) MeltzerWill not seek reappointmentMark Courts(08/31/21‐p) Meltzer7 (Hudspeth)Mary Beth Cottingham+(08/31/21‐3) Watts Terms out Aug 2021Roy Onyebetor+(08/31/21‐2) WattsAll – 1Randi Skinner(08/31/21‐2) BriggsDale Tampke(08/31/22‐p) DavisAll – 2Jodi Vicars‐Nance(08/31/22‐3) Baker Jim Mann NEW(08/31/22‐p) RyanAll – 3Pat Cheek NEW(08/31/xx‐p) MeltzerAll ‐ 4Hannah Garcia*(08/31/22‐3) Baker*Chair +Vice Chair
571
TIMELINEJuly 27, 2021 –o1. Council approves Resolution to abolish CDAC, and o2. Council approves and Ordinance to repeal the HSAC, and o3. Council approves the Resolution to create the Community Services Advisory Committee August 2021 – City Secretary’s Office recruits members for new committee along regular appointment schedule September 2021 – New committee meets for the first time and initiates a annual calendarID 21‐979, 21‐1552, 21‐1553572
OPTIONS ID 21‐1552Approve the Resolution to abolish the CDACDo not approve the ResolutionID 21‐979, 21‐1552, 21‐1553573
OPTIONS ID 21‐1553Approve the Ordinance to repeal the HSAC Do not approve the OrdinanceID 21‐979, 21‐1552, 21‐1553574
OPTIONS ID 21‐979Approve the Resolution as presented to create the Community Services Advisory CommitteeApprove the Resolution with changesDo not approve the ResolutionID 21‐979, 21‐1552, 21‐1553575
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 21-1553,Version:1
Consider adoption of an ordinance of the City of Denton repealing Article III,“Human Services Committee,”of
Chapter 14 of the Code of the City of Denton, Texas; and providing an effective date.
City of Denton Printed on 7/23/2021Page 1 of 1
powered by Legistar™576
City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Community Services
CM/ DCM/ ACM: Sara Hensley, Interim City Manager
DATE: July 27, 2021
SUBJECT
Consider adoption of an ordinance of the City of Denton repealing Article III, “Human Services
Committee,” of Chapter 14 of the Code of the City of Denton, Texas; and providing an effective date.
BACKGROUND
There are two committees that currently advise City Council on program development and funding granted
through Community Services. The Community Development Advisory Committee (CDAC) was
established in 1978 to advise on the processes and allocation of the Community Development Grant
Program. In 1989, the Human Services Advisory Committee (HSAC) was established to advise and assist
with the coordination of human services programming and funding supported by the City of Denton.
Community Services staff support both the CDAC and HSAC.
The CDAC advises on the allocation of federal funding allocated to the City by the Department of Housing
and Urban Development (HUD): Community Development Block Grant (CDBG), HOME Investment
Partnership (HOME). The HSAC advises on General Fund dollars allocated for human services grants to
nonprofit organizations providing services in the City.
DISCUSSION
Each committee was established to advise and shepherd community funding and programs in the City, but
the City’s engagement and role in assessing and responding to community needs has since changed. The
City of Denton has expanded to fund community needs and engage with coalitions and committees beyond
the single grant programs overseen by CDAC and HSAC. Increasingly, City Council has indicated support
for the growing investment in initiatives that address complex social problems such as poverty, housing,
homelessness, and more.
The CDAC and HSAC are strategically more similar than different in purpose, operation, and knowledge.
The purpose of each committee is to identify community needs and support the implementation of services
to meet community needs. Operationally, the separation causes procedural barriers and results in duplication
of efforts. Evaluation and recommendations are conducted concurrently, and the HSAC must wait for the
CDAC to make decisions before they can make their final evaluations and recommendations. Currently
staff track and communicate federal and local funding recommendations to Council separately. There is
often overlap in communication and knowledge building processes. Staff is frequently scheduling two
meetings to convey the same information in effort to provide committees with the data they need to make
informed decisions on funding recommendations.
On June 22, 2021 Staff presented a work session to City Council seeking direction regarding a staff
recommendation to dissolve the CDAC and HSAC then create a new committee of community partners
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
577
who can look at community needs together around the same problem-solving table and implement a process
that optimizes resources.
The goal of a single committee to:
Optimize Existing City Resources.
Reduce Duplication of efforts.
Engage members around a year-round, strategic conversation for a community-wide coordinated
response to identified community needs (instead of through two separate conversations).
Empower members to set measurable goals and achieve a greater sense of shared accountability of
public resources.
Facilitate a more informed and comprehensive resource allocation process.
Facilitate resource allocation more quickly and efficiently.
City Council provided direction to staff to proceed and requested that staff provide City Council with
feedback from the current CDAC and HSAC members on the proposed dissolution of the current CDAC
and HSAC together with the establishment of a new committee. The CDAC and HSAC were surveyed and
the committees held a joint meeting on July 16, 2021.
Survey Results
Committee members were asked to share feedback via survey regarding the proposed new committee ahead
of the work session. Seventy percent (70%) members (14/20) responded.
1. Do you think combining the Community Development and Human Services Advisory Committees
would be beneficial? (86% Yes)
o 12 Yes
o 2 No (1 requested additional information behind the proposal)
3. Would you be willing to serve on a committee that meets more regularly to review items and
provide feedback? (92% Yes)
o 13 Yes
o 1 No Response (The member not returning)
4. Suggestions/Recommendations:
o 7 (50%) – No suggestions
o 4 (29%) – Supportive of new committee
o 1 (7%) – Requested additional information
o 1 (7%) – Scheduling questions related to meeting commitment requirements
o 1 (7%) – Against the new committee
Joint CDAC/HSAC Meeting on July 16, 2021
Discussion on potential downsides: Members discussed potential negatives to the committee
changes.
o For existing members who like the specialized role they currently serve, the change in the
committee focus from only the two (2) grant program to advising more programs and the
ongoing strategic work may not be desired.
o As a result of forming new committee, some members may not be selected to continue to
serve. There is concern who would still get to serve if a new committee is formed.
o There may be fewer citizens involved in the conversation.
Discussion in support: Members discussed potential positives to the committee changes.
o Aligns with Denton’s growth and changing community needs
o Improves responsiveness and the ability to distribute funding faster
o It will be a better use of City resources (streamline efforts, creates efficiencies)
578
o One committee for staff to regularly seek advice and guidance in response to the City’s
broader initiatives addressing complex social needs such as poverty, housing and
homelessness, including opportunities for new funding, programs, and community services
o Better service to the community from a more nimble single committee with a greater ability
to make more informed strategic recommendations to City Council.
o Move from a single application process to a proactive process to encourage community
partners to address identified gaps in current community services.
Discussion on Size/Quorum: Members discussed what would be optimal committee size and other
issues related to the committee composition of a new committee.
o In effort to ensure adequate community input while optimizing size for quorum needs, there
was consensus to make the recommendation for a minimum of 11 and a max of 15 members
if a new committee is formed.
o Members discussed what action can be taken in a meeting when a quorum is present and
when a quorum in not present? A quorum is needed to hold a meeting and to take action.
o Options were discussed for other ways to engage in wider Citizen Participation Activities
that do not require committee membership.
o Other options were discussed that required clarification from legal:
Options where discussed for utilizing subcommittees to engage larger community.
Staff reviewed with legal what authorities could be granted through resolution for
the committee to form subcommittees including options for both subcommittees of
current committee member and subcommittees of non-committee members. After
discussion with legal and in alignment with the members goals, staff is
recommending that rather than establishing subcommittees, the Committee could
hold public hearings for the purpose of soliciting and receiving public feedback. The
Committee could also invite special guests (e.g., agencies) to make a presentation
with staff.
Options where discussed on how to use committee alternates to positively effect
quorum. Staff reviewed with legal the possibility of using alternates with voting
authority as needed to meet quorum. Consideration was also reviewed for alternate
terms that would not negatively affect an alternate who later becomes a member and
an alternate’s impact to current City Boards and Commissions Attendance Policy.
After discussion with legal, while naming alternates is permissible, currently
alternates have only been named for City boards having judicial or quasi-judicial
authority such as the Board of Ethics, Health and Building Standards Commission
and Zoning Board of Adjustment and for the regional Denton County Transportation
Authority. In consideration that the result of advisory committee deliberations is a
recommendation to Council, not a ruling, staff is recommending that alternates not
be considered at this time.
Discussion on Appointment process: Members discussed what would the appointment process look
like for a new committee
o The appointment process was reviewed.
o An option was discussed for a recommendation to Council to prioritize members of the
former CDAC and HSAC for appointment to the new committee as appropriate.
Discussion on Ex-officio United Way: Members discussed the option for a United Way
representative to serve as ex-officio member to the new committee
o There was not consensus on the inclusion of the ex-officio.
o Consensus was to recommend it not be considered in the forming but to leave this question
to the new committee to decide (and amend resolution later if desired).
Against the committee changes:
o One (1) Member who was not able to attend the joint meeting indicated by email to the
HSAC Chair being against the committee changes.
579
Based on direction from City Council and with majority consensus of the CDAC and HSAC members, staff
is recommending:
1. abolishing the current CDAC, and
2. repealing the HSAC, and
3. creating a Community Services Advisory Committee.
Staff will present to Council on July 27 the three actions in a single presentation.
ID 21-1552: ABOLISHING THE COMMUNITY DEVELOPMENT ADVISORY COMMITTEE
The CDAC was created through a resolution approved on SEPTEMBER 19, 1978 (resolutions not
numbered at that time). Per Code Section 2-29(h)(2), staff has prepared a resolution to abolish the CDAC.
ID 21-1553: REPEALING THE HUMAN SERVICES ADVISORY COMMITTEE
The HSAC was codified by ordinance in Chapter 14, Article III of the Code of Ordinances of the City of
Denton. Staff has prepared an ordinance to repeal Article III, including Sections 14.61 and 14.62, from
Chapter 14 of the Code.
ID 21-979: CREATING A COMMUNITY SERVICES ADVISORY COMMITTEE
Per Code Section 2-29(h)(2), staff is recommending the creation by resolution of a Community Services
Advisory Committee with committee composition of eleven (11) members, with each Council Member
appointing one committee member and four committee members appointed at large by a vote of at least
four Council Members, unless otherwise directed by City Council on the number and appointment of
members. At its inception, to create staggered terms for the committee members, the seven committee
members appointed by each Council Member would serve a two-year term and the four committee members
appointed at large would serve a one-year term. Thereafter, all members would be appointed for a two-year
term, with seven members appointed in odd numbered years and four members appointed in even numbered
years.
Upon approval of the resolution creating the Community Services Advisory Committee, staff from
Community Services and City Secretary’s office would implement the plan for the initial committee period
starting September 1.
TIMELINE
July 27, 2021 –
o Council approves Resolution to abolish CDAC, and
o Council approves and Ordinance to repeal the HSAC, and
o Council approves the Resolution to create the Community Services Advisory Committee
August 2021 – City Secretary’s Office recruits members for new committee along regular
appointment schedule.
September 2021 – New committee meets for the first time.
OPTIONS
Approve Ordinance (ID 21-1553) to repeal the HSAC as presented
Do not approve the Resolution
EXHIBITS
Exhibit 1 – Agenda Information Sheet
Exhibit 2 – Article III of Chapter 14
Exhibit 3 – Resolution to create the Community Services Advisory Committee
Exhibit 4 – Presentation
580
Respectfully submitted:
Courtney Cross
Assistant Community Services Manager
Dani Shaw
Director of Community Services
581
7/21/2021 Denton, TX Code of Ordinances
1/2
(a)
(b)
(c)
(d)
(1)
(2)
ARTICLE III. - HUMAN SERVICES COMMITTEE
Footnotes:
--- (2) ---
Charter reference— Boards and commissions, § 14.16.
Cross reference— Boards, commissions and committees, § 2-61 et seq.
Sec. 14-61. - Created.
There is hereby created a human services committee to be composed of eleven (11) members
appointed by the city council for two-year terms. The committee members shall have staggered
terms with six (6) members being appointed during even-numbered years and five (5) members
being appointed during odd-numbered years. At its inception, the city council shall appoint six (6)
members to the committee for two-year terms and five (5) members to the committee for one-
year terms. Members of the committee may be removed by the city council for cause. Vacancies
shall be filled in the same manner provided for regular appointments.
The city manager shall be an ex officio member of the committee. He shall attend all meetings of
the committee and shall have the right to discuss any matter that is under consideration by the
committee, but shall have no vote.
Members of the committee shall be citizens of the city.
At the first meeting each year after new members have been sworn in, the committee shall select
from its own membership a chairman, vice-chairman and secretary. Any five (5) of the regularly
appointed members shall constitute a quorum. The committee shall determine its own rules and
order of business and shall meet as necessary. All meetings shall be open to the public and a
permanent record of proceedings maintained.
(Ord. No. 89-098, § I(2-80), 8-1-89)
Sec. 14-62. - Duties.
It shall be the duty of the human services committee to act in an advisory capacity to the city council and
to assist in the coordination of all human services agencies with authority to hold public hearings and to
study and recommend policies relating to the promotion, planning, research and related matters involving
human services relations and human services delivery in the city. In addition, the human services committee
shall have the duty to:
Interact with community groups in order to bring about improvements in the human services
delivery system and provide a forum which promotes better communication and
coordination among the agencies;
Serve in an advisory capacity and encourage continuing in-depth evaluation of the
582
7/21/2021 Denton, TX Code of Ordinances
2/2
(3)
effectiveness of the social service delivery system in the city; and
Recommend to the city council actions for implementation that would improve human
services in the city.
(Ord. No. 89-098, § I(2-81), 8-1-89)
Secs. 14-63—14-85. - Reserved.
583
ORDINANCE NO.________________
AN ORDINANCE OF THE CITY OF DENTON REPEALING ARTICLE III, “HUMAN
SERVICES COMMITTEE,” OF CHAPTER 14 OF THE CODE OF THE CITY OF DENTON,
TEXAS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, there are two committees currently advising the City Council on program
development and funding regarding community services: the Community Development Advisory
Committee (“CDAC”), created September 19, 1978 by resolution, and the Human Services
Committee, sometimes referred to as the Human Services Advisory Committee, (“HSAC”),
codified August 18th, 1989 by Ordinance No. 1989-098 and currently set forth in Article III,
“Human Services Committee,” of Chapter 14 of the Code of the City of Denton, Texas (the
“Code”); and
WHEREAS, originally the missions of the CDAC and HSAC were distinct; however, in
recent years their missions are strategically more similar than different in purpose and the
separation of their activities into two committees causes procedural barriers and duplication of
efforts; and
WHEREAS, the City Council finds that it is in the public interest to abolish the CDAC by
separate resolution and to repeal Article III, “Human Services Committee,” of Chapter 14 of the
Code by separate ordinance and further finds that it would promote improved communication,
effectiveness and results to create by separate resolution a new committee to advise the City
Council regarding a community-wide response to meet prioritized community needs; and
WHEREAS, the City Council finds that it is in the public interest to repeal Article III,
“Human Services Committee,” of Chapter 14 of the Code and Ordinance No. 1989-098 in
anticipation of creating a new advisory committee; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION l. The findings and recitations contained in the preamble of this ordinance
are incorporated herein by reference as true and as if fully set forth in the body of this resolution.
SECTION 2. Article III, “Human Services Committee,” of Chapter 14 of the Code of
Ordinances of the City of Denton, Texas, including Sections 14-61 and 14-62 thereof, and
Ordinance No. 89-098 are hereby repealed immediately and the Human Services Committee,
sometimes referred to as the Human Services Advisory Committee, shall immediately cease to
exist.
584
SECTION 3. 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
Gerard Hudspeth, Mayor:
Vicki Byrd, District 1:
Brian Beck, District 2:
Jesse Davis, District 3:
Alison Maguire, District 4:
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED this the _________ day of ___________________, 2021.
__________________________________
GERARD HUDSPETH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
BY: __________________________________
APPROVED AS TO LEGAL FORM:
CATHERINE CLIFTON, INTERIM CITY ATTORNEY
BY: __________________________________ Kendra Kennedy
585
Formation of Community Services Advisory CommitteeCOMMUNITY SERVICESWORKING TO PROVIDE QUALITY AFFORDABLE HOUSING, A SUITABLE LIVING ENVIRONMENT, AND EXPANDING ECONOMIC OPPORTUNITY, PRINCIPALLY FOR PERSONS OF LOW TO MODERATE INCOME.586
COMMITTEE BACKGROUNDCOMMUNITY DEVELOPMENT ADVISORY COMMITTEEEstablished: 1978Composition: 9 members, 1 appointment per Council member and 2 at‐largeFunction: Make recommendations to City Council for Community Development GrantFunding Source(s):oCommunity Development Block Grant ProgramoHOME Investment Partnership Program oCommunity Development Block Grant CARES Act ProgramHUMAN SERVICES ADVISORY COMMITTEEEstablished: 1989Composition: 11 members, 1 appointment per Council member and 4 at‐largeFunction: Make recommendations to City Council for Human Services GrantFunding Source(s):oCity of Denton General FundoCommunity Development Block Grant ProgramID 21‐979, 21‐1552, 21‐1553587
COMMITTEE FUTUREThe goal of a single committee will:Optimize Existing City Resources.Reduce Duplication of efforts.Engage members around a year‐round, strategic conversation for a community‐wide coordinated response to identified community needs. Empower members to set measurable goals and achieve a greater sense of shared accountability of public resources.Facilitate a more informed and comprehensive resource allocation process.Facilitate resource allocation more quickly and efficiently. ID 21‐979, 21‐1552, 21‐1553588
SURVEY FEEDBACKCommittee members were asked to share feedback via survey regarding the proposed new committee ahead of the work session.14 of 20 (70%) members responded1.Do you think combining the Community Development and Human Services Advisory Committees would be beneficial? 86% Yeso12 Yes o2 No (1 requested additional information behind the proposal)2.Would you be willing to serve on a committee that meets more regularly to review items and provide feedback? 92% Yeso13 Yes o1 No Response (The member not returning)3.Suggestions/Recommendations:o7 (50%) – No suggestionso4 (29%) – Supportive of new committeeo1 (7%) – Requested additional informationo1 (7%) – Scheduling questions related to meeting commitment requirementso1 (7%) – Against the new committee ID 21‐979, 21‐1552, 21‐1553589
CDAC/HSAC JOINT MEETING FEEDBACKDiscussion on potential downside: oChange in current processes may not be desired by all and more meetings may impact time commitments for membersoAs a result forming new committee, some current members may not be selected to continue to serve. oFewer citizens involved in the conversationDiscussion in support:oAligns with Denton’s growth and changing needsoImproves responsiveness and use of City resources. Examples included: get funding out more quickly and efficiently, streamline processes, improve recommendations to meet community needs)oProvides staff with a committee to regularly seek advice and guidance for addressing complex social needs such as poverty, affordable housing, homelessnessoProviding better service to community with a better informed committee, making strategic recommendations to inform policy direction from Council Discussion on Size/Quorum: oWhat is the right balance to ensure community input while optimizing size for quorum. Recommendation for a minimum of 11, max of 15oDiscussed options for subcommittees and/or alternates and option to address quorum requirementsoClarification about reappointment process and what would be the impact to current members serving on new committeeDiscussion on Ex‐officio United Way: oMixed input to include a dedicated United Way ex‐officio roleoConsensus was to not include at this time but leave to the new committee to decide later (and amend resolution later if desired)Against:o1 Member by EmailID 21‐979, 21‐1552, 21‐1553590
CURRENT COMMITTEESID 21‐979, 21‐1552, 21‐1553COUNCIL CDAC Term HSAC Term1 (Byrd) Nancy Crisco (08/31/21‐p) HudspethAnne ScaggsNEW(08/31/21‐p) Johnson2 (Beck) Jane Piper‐Lunt(08/31/21‐2) BriggsGretchen Busl(08/31/22‐2) Baker3 (Davis) Doray Hill(08/31/22‐1) DavisPatricia LaBeau(08/31/21‐1) DavisWilling to step down4 (Maguire)Kimberly Lewis NEW(08/31/21‐p) McGuireRhonda Love(08/31/22‐2) Ryan5 (Armintor)John Catlin NEW(08/31/22‐p) ArmintorNathaniel Johnson(08/31/21‐p) Armintor6 (Meltzer)Fran Witte(08/31/21‐2) MeltzerWill not seek reappointmentMark Courts(08/31/21‐p) Meltzer7 (Hudspeth)Mary Beth Cottingham+(08/31/21‐3) Watts Terms out Aug 2021Roy Onyebetor+(08/31/21‐2) WattsAll – 1Randi Skinner(08/31/21‐2) BriggsDale Tampke(08/31/22‐p) DavisAll – 2Jodi Vicars‐Nance(08/31/22‐3) Baker Jim Mann NEW(08/31/22‐p) RyanAll – 3Pat Cheek NEW(08/31/xx‐p) MeltzerAll ‐ 4Hannah Garcia*(08/31/22‐3) Baker*Chair +Vice Chair
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TIMELINEJuly 27, 2021 –o1. Council approves Resolution to abolish CDAC, and o2. Council approves and Ordinance to repeal the HSAC, and o3. Council approves the Resolution to create the Community Services Advisory Committee August 2021 – City Secretary’s Office recruits members for new committee along regular appointment schedule September 2021 – New committee meets for the first time and initiates a annual calendarID 21‐979, 21‐1552, 21‐1553592
OPTIONS ID 21‐1552Approve the Resolution to abolish the CDACDo not approve the ResolutionID 21‐979, 21‐1552, 21‐1553593
OPTIONS ID 21‐1553Approve the Ordinance to repeal the HSAC Do not approve the OrdinanceID 21‐979, 21‐1552, 21‐1553594
OPTIONS ID 21‐979Approve the Resolution as presented to create the Community Services Advisory CommitteeApprove the Resolution with changesDo not approve the ResolutionID 21‐979, 21‐1552, 21‐1553595
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 21-979,Version:1
Consider approval of a resolution of the City of Denton creating a Community Services Advisory Committee to
advise the city council on programs, services, and use of public resources to address complex social problems
such as economic instability, housing, and homelessness and for meeting community service needs; and
providing an effective date.
City of Denton Printed on 7/23/2021Page 1 of 1
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City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Community Services
CM/ DCM/ ACM: Sara Hensley, Interim City Manager
DATE: July 27, 2021
SUBJECT
Consider approval of a resolution of the City of Denton creating a Community Services Advisory
Committee to advise the city council on programs, services, and use of public resources to address complex
social problems such as economic instability, housing, and homelessness and for meeting community
service needs; and providing an effective date.
BACKGROUND
There are two committees that currently advise City Council on program development and funding granted
through Community Services. The Community Development Advisory Committee (CDAC) was
established in 1978 to advise on the processes and allocation of the Community Development Grant
Program. In 1989, the Human Services Advisory Committee (HSAC) was established to advise and assist
with the coordination of human services programming and funding supported by the City of Denton.
Community Services staff support both the CDAC and HSAC.
The CDAC advises on the allocation of federal funding allocated to the City by the Department of Housing
and Urban Development (HUD): Community Development Block Grant (CDBG), HOME Investment
Partnership (HOME). The HSAC advises on General Fund dollars allocated for human services grants to
nonprofit organizations providing services in the City.
DISCUSSION
Each committee was established to advise and shepherd community funding and programs in the City, but
the City’s engagement and role in assessing and responding to community needs has since changed. The
City of Denton has expanded to fund community needs and engage with coalitions and committees beyond
the single grant programs overseen by CDAC and HSAC. Increasingly, City Council has indicated support
for the growing investment in initiatives that address complex social problems such as poverty, housing,
homelessness, and more.
The CDAC and HSAC are strategically more similar than different in purpose, operation, and knowledge.
The purpose of each committee is to identify community needs and support the implementation of services
to meet community needs. Operationally, the separation causes procedural barriers and results in duplication
of efforts. Evaluation and recommendations are conducted concurrently, and the HSAC must wait for the
CDAC to make decisions before they can make their final evaluations and recommendations. Currently
staff track and communicate federal and local funding recommendations to Council separately. There is
often overlap in communication and knowledge building processes. Staff is frequently scheduling two
meetings to convey the same information in effort to provide committees with the data they need to make
informed decisions on funding recommendations.
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
597
On June 22, 2021 Staff presented a work session to City Council seeking direction regarding a staff
recommendation to dissolve the CDAC and HSAC then create a new committee of community partners
who can look at community needs together around the same problem-solving table and implement a process
that optimizes resources.
The goal of a single committee to:
Optimize Existing City Resources.
Reduce Duplication of efforts.
Engage members around a year-round, strategic conversation for a community-wide coordinated
response to identified community needs (instead of through two separate conversations).
Empower members to set measurable goals and achieve a greater sense of shared accountability of
public resources.
Facilitate a more informed and comprehensive resource allocation process.
Facilitate resource allocation more quickly and efficiently.
City Council provided direction to staff to proceed and requested that staff provide City Council with
feedback from the current CDAC and HSAC members on the proposed dissolution of the current CDAC
and HSAC together with the establishment of a new committee. The CDAC and HSAC were surveyed and
the committees held a joint meeting on July 16, 2021.
Survey Results
Committee members were asked to share feedback via survey regarding the proposed new committee ahead
of the work session. Seventy percent (70%) members (14/20) responded.
1. Do you think combining the Community Development and Human Services Advisory Committees
would be beneficial? (86% Yes)
o 12 Yes
o 2 No (1 requested additional information behind the proposal)
3. Would you be willing to serve on a committee that meets more regularly to review items and
provide feedback? (92% Yes)
o 13 Yes
o 1 No Response (The member not returning)
4. Suggestions/Recommendations:
o 7 (50%) – No suggestions
o 4 (29%) – Supportive of new committee
o 1 (7%) – Requested additional information
o 1 (7%) – Scheduling questions related to meeting commitment requirements
o 1 (7%) – Against the new committee
Joint CDAC/HSAC Meeting on July 16, 2021
Discussion on potential downsides: Members discussed potential negatives to the committee
changes.
o For existing members who like the specialized role they currently serve, the change in the
committee focus from only the two (2) grant program to advising more programs and the
ongoing strategic work may not be desired.
o As a result of forming new committee, some members may not be selected to continue to
serve. There is concern who would still get to serve if a new committee is formed.
o There may be fewer citizens involved in the conversation.
Discussion in support: Members discussed potential positives to the committee changes.
o Aligns with Denton’s growth and changing community needs
o Improves responsiveness and the ability to distribute funding faster
o It will be a better use of City resources (streamline efforts, creates efficiencies)
598
o One committee for staff to regularly seek advice and guidance in response to the City’s
broader initiatives addressing complex social needs such as poverty, housing and
homelessness, including opportunities for new funding, programs, and community services
o Better service to the community from a more nimble single committee with a greater ability
to make more informed strategic recommendations to City Council.
o Move from a single application process to a proactive process to encourage community
partners to address identified gaps in current community services.
Discussion on Size/Quorum: Members discussed what would be optimal committee size and other
issues related to the committee composition of a new committee.
o In effort to ensure adequate community input while optimizing size for quorum needs, there
was consensus to make the recommendation for a minimum of 11 and a max of 15 members
if a new committee is formed.
o Members discussed what action can be taken in a meeting when a quorum is present and
when a quorum in not present? A quorum is needed to hold a meeting and to take action.
o Options were discussed for other ways to engage in wider Citizen Participation Activities
that do not require committee membership.
o Other options were discussed that required clarification from legal:
Options where discussed for utilizing subcommittees to engage larger community.
Staff reviewed with legal what authorities could be granted through resolution for
the committee to form subcommittees including options for both subcommittees of
current committee member and subcommittees of non-committee members. After
discussion with legal and in alignment with the members goals, staff is
recommending that rather than establishing subcommittees, the Committee could
hold public hearings for the purpose of soliciting and receiving public feedback. The
Committee could also invite special guests (e.g., agencies) to make a presentation
with staff.
Options where discussed on how to use committee alternates to positively effect
quorum. Staff reviewed with legal the possibility of using alternates with voting
authority as needed to meet quorum. Consideration was also reviewed for alternate
terms that would not negatively affect an alternate who later becomes a member and
an alternate’s impact to current City Boards and Commissions Attendance Policy.
After discussion with legal, while naming alternates is permissible, currently
alternates have only been named for City boards having judicial or quasi-judicial
authority such as the Board of Ethics, Health and Building Standards Commission
and Zoning Board of Adjustment and for the regional Denton County Transportation
Authority. In consideration that the result of advisory committee deliberations is a
recommendation to Council, not a ruling, staff is recommending that alternates not
be considered at this time.
Discussion on Appointment process: Members discussed what would the appointment process look
like for a new committee
o The appointment process was reviewed.
o An option was discussed for a recommendation to Council to prioritize members of the
former CDAC and HSAC for appointment to the new committee as appropriate.
Discussion on Ex-officio United Way: Members discussed the option for a United Way
representative to serve as ex-officio member to the new committee
o There was not consensus on the inclusion of the ex-officio.
o Consensus was to recommend it not be considered in the forming but to leave this question
to the new committee to decide (and amend resolution later if desired).
Against the committee changes:
o One (1) Member who was not able to attend the joint meeting indicated by email to the
HSAC Chair being against the committee changes.
599
Based on direction from City Council and with majority consensus of the CDAC and HSAC members, staff
is recommending:
1. abolishing the current CDAC, and
2. repealing the HSAC, and
3. creating a Community Services Advisory Committee.
Staff will present to Council on July 27 the three actions in a single presentation.
ID 21-1552: ABOLISHING THE COMMUNITY DEVELOPMENT ADVISORY COMMITTEE
The CDAC was created through a resolution approved on SEPTEMBER 19, 1978 (resolutions not
numbered at that time). Per Code Section 2-29(h)(2), staff has prepared a resolution to abolish the CDAC.
ID 21-1553: REPEALING THE HUMAN SERVICES ADVISORY COMMITTEE
The HSAC was codified by ordinance in Chapter 14, Article III of the Code of Ordinances of the City of
Denton. Staff has prepared an ordinance to repeal Article III, including Sections 14.61 and 14.62, from
Chapter 14 of the Code.
ID 21-979: CREATING A COMMUNITY SERVICES ADVISORY COMMITTEE
Per Code Section 2-29(h)(2), staff is recommending the creation by resolution of a Community Services
Advisory Committee with committee composition of eleven (11) members, with each Council Member
appointing one committee member and four committee members appointed at large by a vote of at least
four Council Members, unless otherwise directed by City Council on the number and appointment of
members. At its inception, to create staggered terms for the committee members, the seven committee
members appointed by each Council Member would serve a two-year term and the four committee members
appointed at large would serve a one-year term. Thereafter, all members would be appointed for a two-year
term, with seven members appointed in odd numbered years and four members appointed in even numbered
years.
Upon approval of the resolution creating the Community Services Advisory Committee, staff from
Community Services and City Secretary’s office would implement the plan for the initial committee period
starting September 1.
TIMELINE
July 27, 2021 –
o Council approves Resolution to abolish CDAC, and
o Council approves and Ordinance to repeal the HSAC, and
o Council approves the Resolution to create the Community Services Advisory Committee
August 2021 – City Secretary’s Office recruits members for new committee along regular
appointment schedule.
September 2021 – New committee meets for the first time.
OPTIONS
If Council approved Resolution (ID 21-1552) to abolish CDAC as presented, and Ordinance (ID 21-1553)
to repeal the HSAC as presented then options for ID 21-979 are provided for consideration.
Approve Resolution (ID 21-979) to create the CSAC as presented
Approve Resolution (ID 21-979) with changes
Do not approve the Resolution
600
EXHIBITS
Exhibit 1 – Agenda Information Sheet
Exhibit 2 – Community Development Advisory Committee Resolution
Exhibit 3 – Article III of Chapter 14
Exhibit 4 – Resolution to create the Community Services Advisory Committee
Exhibit 5 – Presentation
Respectfully submitted:
Courtney Cross
Assistant Community Services Manager
Dani Shaw
Director of Community Services
601
AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON,
TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 19TH
DAY OF SEPTEMBER, A. D. 1978.
RESOLUTION
WHEREAS, the City of Denton, Texas has a history of involving
its cltlzens in all facets of decision making; and
WHEREAS, the C~ty of Denton w~ll continue to be ~nvolved ~n
the Community Development Block Grant Program; and
WHEREAS, it ~s recognized that the City of Denton needs a Com-
munity Development Advisory Commlttee an order to assure clt~zen
part~c~patlon in all stages of the grant process.
NOWt T}IEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DENTON, TEXAS:
1. That there is hereby created a Community Development Advi-
sory Committee to be composed of n~ne (9) members appolnted by the
C~ty Council for two (2) year terms. The commattee members shall
have staggered terms with f~ve (5) members being appointed during
even numbered years and four (4) members being appolnted during odd
numbered years. At its lnceptlon, the Caty Councll shall appoint
fave (5) members to the Committee for a two (2) year term and four
4) members to the committee for a one (1) year term. Members of
the committee may be removed by the City Council for cause Vacan-
cies shall be f~lled ~n the same manner provided for regular appoint-
ments.
2. That the C~ty Manager or his designee shall be an ex-off,cIo
member of the ¢ommlttee. He shall attend all meetings of the com-
mittee and shall have the r~ght to discuss any matter that as under
conslderatlon by the committee but shall have no vote.
3. That members of the committee shall be catlzens of the City
of Denton.
4. That at the first meeting each year after members have been
sworn an, the committee shall select from ~ts owner membership a
chairperson and vice chairperson. Any f~ve of the regularly appointed
members shall constitute a quorum. The commlttee shall determlne ~ts
602
own rules and order of business, and shall meet as necessary All
meetings shall be open to the public and a permanent record of pro-
ceedlngs maintaIned
5. It shall be the duty of the Community Development Advisory
Committee:
a) To act in an advisory capacity to the City Council in the
determination of priorities and program development for Community
Development Grant Programs.
b) To act as a recommending body for subsequent amendments to
the Community Development Grant Program
c) To serve in a leadership role in the process of planning,
lmplementzng, and assessing the Community Development Program and
implementing the Cztlzen Partzc~patlon Plan
PASSED and APPROVED this the 19th day of September, A. D
1978.
C~MITCHEL~, MAYOR
OF DENTON, TEXAS
ATTEST.
ITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FOR~:
PAUL C. ISHAM, CITY ATTORNEY
CITY OF DENTON, TEXAS
603
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1/2
(a)
(b)
(c)
(d)
(1)
(2)
ARTICLE III. - HUMAN SERVICES COMMITTEE
Footnotes:
--- (2) ---
Charter reference— Boards and commissions, § 14.16.
Cross reference— Boards, commissions and committees, § 2-61 et seq.
Sec. 14-61. - Created.
There is hereby created a human services committee to be composed of eleven (11) members
appointed by the city council for two-year terms. The committee members shall have staggered
terms with six (6) members being appointed during even-numbered years and five (5) members
being appointed during odd-numbered years. At its inception, the city council shall appoint six (6)
members to the committee for two-year terms and five (5) members to the committee for one-
year terms. Members of the committee may be removed by the city council for cause. Vacancies
shall be filled in the same manner provided for regular appointments.
The city manager shall be an ex officio member of the committee. He shall attend all meetings of
the committee and shall have the right to discuss any matter that is under consideration by the
committee, but shall have no vote.
Members of the committee shall be citizens of the city.
At the first meeting each year after new members have been sworn in, the committee shall select
from its own membership a chairman, vice-chairman and secretary. Any five (5) of the regularly
appointed members shall constitute a quorum. The committee shall determine its own rules and
order of business and shall meet as necessary. All meetings shall be open to the public and a
permanent record of proceedings maintained.
(Ord. No. 89-098, § I(2-80), 8-1-89)
Sec. 14-62. - Duties.
It shall be the duty of the human services committee to act in an advisory capacity to the city council and
to assist in the coordination of all human services agencies with authority to hold public hearings and to
study and recommend policies relating to the promotion, planning, research and related matters involving
human services relations and human services delivery in the city. In addition, the human services committee
shall have the duty to:
Interact with community groups in order to bring about improvements in the human services
delivery system and provide a forum which promotes better communication and
coordination among the agencies;
Serve in an advisory capacity and encourage continuing in-depth evaluation of the
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2/2
(3)
effectiveness of the social service delivery system in the city; and
Recommend to the city council actions for implementation that would improve human
services in the city.
(Ord. No. 89-098, § I(2-81), 8-1-89)
Secs. 14-63—14-85. - Reserved.
605
RESOLUTION NO.________________
A RESOLUTION OF THE CITY OF DENTON CREATING A COMMUNITY SERVICES
ADVISORY COMMITTEE TO ADVISE THE CITY COUNCIL ON PROGRAMS, SERVICES,
AND USE OF PUBLIC RESOURCES TO ADDRESS COMPLEX SOCIAL PROBLEMS SUCH
AS ECONOMIC INSTABILITY, HOUSING, AND HOMELESSNESS AND FOR MEETING
COMMUNITY SERVICE NEEDS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, there are two committees currently advising the City Council on program
development and funding regarding community services: the Community Development Advisory
Committee (“CDAC”), created September 19, 1978 by resolution, and the Human Services
Advisory Committee (“HSAC”), codified August 18th, 1989 by Ordinance No. 1989-098 and
currently set forth in Article III, “Human Services Committee,” of Chapter 14 of the Code of the
City of Denton, Texas; and
WHEREAS, originally the missions of the CDAC and HSAC were distinct; however, in
recent years their missions are strategically more similar than different in purpose and the
separation of their activities into two committees causes procedural barriers and duplication of
efforts; and
WHEREAS, the City Council finds that it is in the public interest to abolish the CDAC by
separate resolution and to repeal Article III, “Human Services Committee,” of Chapter 14 of the
Code of the City of Denton, Texas by separate ordinance and further finds that it would promote
improved communication, effectiveness and results to create a new committee to advise the City
Council regarding a community-wide response to meet prioritized community needs; and
WHEREAS, the City Council finds that it is in the public interest to create a new
Community Services Advisory Committee to assure citizen participation in community services
program development and resource allocation and to advise the City Council on programs,
services, and use of public resources to address complex social problems such as economic
instability, housing, and homelessness and for meeting community service needs; NOW
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. That there is hereby created a Community Services Advisory Committee to
be composed of eleven (11) members, with each City Council member appointing one committee
member and with the City Council appointing four at large committee members each by a vote of
at least four (4) City Council members. A quorum of the committee members must be present to
hold a committee meeting or to take committee action, with six (6) members considered a quorum.
Members shall be appointed for two-year terms, except as provided herein at the inception of the
committee. The committee members shall have staggered terms with seven (7) members being
606
appointed during odd numbered years and four (4) members being appointed during even
numbered years. At the inception of the committee, the seven (7) members appointed by individual
City Council members shall be appointed for a two (2) year term and the four (4) at large members
shall be appointed for a one (1) year term.
SECTION 2. That the Community Services Advisory Committee shall perform the
following duties:
A. To act in an advisory capacity to the City Council providing advice and making
recommendations to address complex social problems such as economic instability,
housing, and homelessness and for meeting community service needs; and
B. To assess and prioritize local community needs, and to make recommendations to the City
Council regarding a coordinated community-wide response to meet prioritized community
needs; and
C. To assess and make recommendations to the City Council regarding proposals for
programs, services and projects for meeting the prioritized community needs; and
D. To develop and utilize a comprehensive allocation assessment process for grant funding
and other public resources to enhance accountability and effectiveness, and to make
recommendations to City Council based on such assessment process for the allocation of
federal, state and local funding and public resources annually and periodically, as
appropriate or as necessary in emergency situations, to support a coordinated community-
wide response to meet prioritized community needs; and
E. To perform such other duties as specified from time to time by the City Council.
SECTION 3. That with respect to any topic not covered by this resolution, to the extent
applicable to the City’s advisory committees and the advisory committees’ members, the Texas
Open Meetings Act, TEX. GOV’T CODE Chapter 551, the Charter of the City of Denton, the
Code of the City of Denton, Texas including, but not limited to, Section 2-29 and Article III of
Chapter 2, and the City of Denton Handbook for Boards, Commissions, and Council Committees,
each as amended from time to time, shall govern with respect to the rules, procedures, operation
and affairs of the Community Services Advisory Committee.
SECTION 4. This resolution shall become effective immediately upon its passage and
approval.
The motion to approve this resolution was made by __________________________ and
seconded by _________________________________. The resolution was passed and approved
by the following vote [___ - ___]:
607
Aye Nay Abstain Absent
Gerard Hudspeth, Mayor:
Vicki Byrd, District 1:
Brian Beck, District 2:
Jesse Davis, District 3:
Alison Maguire, District 4:
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED this the _________ day of ___________________, 2021.
__________________________________
GERARD HUDSPETH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
BY: __________________________________
APPROVED AS TO LEGAL FORM:
CATHERINE CLIFTON, INTERIM CITY ATTORNEY
BY: __________________________________
Kendra Kennedy
608
Formation of Community Services Advisory CommitteeCOMMUNITY SERVICESWORKING TO PROVIDE QUALITY AFFORDABLE HOUSING, A SUITABLE LIVING ENVIRONMENT, AND EXPANDING ECONOMIC OPPORTUNITY, PRINCIPALLY FOR PERSONS OF LOW TO MODERATE INCOME.609
COMMITTEE BACKGROUNDCOMMUNITY DEVELOPMENT ADVISORY COMMITTEEEstablished: 1978Composition: 9 members, 1 appointment per Council member and 2 at‐largeFunction: Make recommendations to City Council for Community Development GrantFunding Source(s):oCommunity Development Block Grant ProgramoHOME Investment Partnership Program oCommunity Development Block Grant CARES Act ProgramHUMAN SERVICES ADVISORY COMMITTEEEstablished: 1989Composition: 11 members, 1 appointment per Council member and 4 at‐largeFunction: Make recommendations to City Council for Human Services GrantFunding Source(s):oCity of Denton General FundoCommunity Development Block Grant ProgramID 21‐979, 21‐1552, 21‐1553610
COMMITTEE FUTUREThe goal of a single committee will:Optimize Existing City Resources.Reduce Duplication of efforts.Engage members around a year‐round, strategic conversation for a community‐wide coordinated response to identified community needs. Empower members to set measurable goals and achieve a greater sense of shared accountability of public resources.Facilitate a more informed and comprehensive resource allocation process.Facilitate resource allocation more quickly and efficiently. ID 21‐979, 21‐1552, 21‐1553611
SURVEY FEEDBACKCommittee members were asked to share feedback via survey regarding the proposed new committee ahead of the work session.14 of 20 (70%) members responded1.Do you think combining the Community Development and Human Services Advisory Committees would be beneficial? 86% Yeso12 Yes o2 No (1 requested additional information behind the proposal)2.Would you be willing to serve on a committee that meets more regularly to review items and provide feedback? 92% Yeso13 Yes o1 No Response (The member not returning)3.Suggestions/Recommendations:o7 (50%) – No suggestionso4 (29%) – Supportive of new committeeo1 (7%) – Requested additional informationo1 (7%) – Scheduling questions related to meeting commitment requirementso1 (7%) – Against the new committee ID 21‐979, 21‐1552, 21‐1553612
CDAC/HSAC JOINT MEETING FEEDBACKDiscussion on potential downside: oChange in current processes may not be desired by all and more meetings may impact time commitments for membersoAs a result forming new committee, some current members may not be selected to continue to serve. oFewer citizens involved in the conversationDiscussion in support:oAligns with Denton’s growth and changing needsoImproves responsiveness and use of City resources. Examples included: get funding out more quickly and efficiently, streamline processes, improve recommendations to meet community needs)oProvides staff with a committee to regularly seek advice and guidance for addressing complex social needs such as poverty, affordable housing, homelessnessoProviding better service to community with a better informed committee, making strategic recommendations to inform policy direction from Council Discussion on Size/Quorum: oWhat is the right balance to ensure community input while optimizing size for quorum. Recommendation for a minimum of 11, max of 15oDiscussed options for subcommittees and/or alternates and option to address quorum requirementsoClarification about reappointment process and what would be the impact to current members serving on new committeeDiscussion on Ex‐officio United Way: oMixed input to include a dedicated United Way ex‐officio roleoConsensus was to not include at this time but leave to the new committee to decide later (and amend resolution later if desired)Against:o1 Member by EmailID 21‐979, 21‐1552, 21‐1553613
CURRENT COMMITTEESID 21‐979, 21‐1552, 21‐1553COUNCIL CDAC Term HSAC Term1 (Byrd) Nancy Crisco (08/31/21‐p) HudspethAnne ScaggsNEW(08/31/21‐p) Johnson2 (Beck) Jane Piper‐Lunt(08/31/21‐2) BriggsGretchen Busl(08/31/22‐2) Baker3 (Davis) Doray Hill(08/31/22‐1) DavisPatricia LaBeau(08/31/21‐1) DavisWilling to step down4 (Maguire)Kimberly Lewis NEW(08/31/21‐p) McGuireRhonda Love(08/31/22‐2) Ryan5 (Armintor)John Catlin NEW(08/31/22‐p) ArmintorNathaniel Johnson(08/31/21‐p) Armintor6 (Meltzer)Fran Witte(08/31/21‐2) MeltzerWill not seek reappointmentMark Courts(08/31/21‐p) Meltzer7 (Hudspeth)Mary Beth Cottingham+(08/31/21‐3) Watts Terms out Aug 2021Roy Onyebetor+(08/31/21‐2) WattsAll – 1Randi Skinner(08/31/21‐2) BriggsDale Tampke(08/31/22‐p) DavisAll – 2Jodi Vicars‐Nance(08/31/22‐3) Baker Jim Mann NEW(08/31/22‐p) RyanAll – 3Pat Cheek NEW(08/31/xx‐p) MeltzerAll ‐ 4Hannah Garcia*(08/31/22‐3) Baker*Chair +Vice Chair
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TIMELINEJuly 27, 2021 –o1. Council approves Resolution to abolish CDAC, and o2. Council approves and Ordinance to repeal the HSAC, and o3. Council approves the Resolution to create the Community Services Advisory Committee August 2021 – City Secretary’s Office recruits members for new committee along regular appointment schedule September 2021 – New committee meets for the first time and initiates a annual calendarID 21‐979, 21‐1552, 21‐1553615
OPTIONS ID 21‐1552Approve the Resolution to abolish the CDACDo not approve the ResolutionID 21‐979, 21‐1552, 21‐1553616
OPTIONS ID 21‐1553Approve the Ordinance to repeal the HSAC Do not approve the OrdinanceID 21‐979, 21‐1552, 21‐1553617
OPTIONS ID 21‐979Approve the Resolution as presented to create the Community Services Advisory CommitteeApprove the Resolution with changesDo not approve the ResolutionID 21‐979, 21‐1552, 21‐1553618
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 21-1538,Version:1
AGENDA CAPTION
Consider approval of a resolution of the City Council of the City of Denton for the appointment of one member
to the Board of Managers of the Denco Area 9-1-1 District for a two-year term beginning on October 1, 2021
and ending on September 30, 2023, and providing an effective date.
City of Denton Printed on 7/23/2021Page 1 of 1
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City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Police Department / Public Safety Communications
CM/ DCM/ ACM: Frank Dixon
DATE: July 27, 2021
SUBJECT
Consider approval of a resolution of the City Council of the City of Denton for the appointment of one
member to the Board of Managers of the Denco Area 9-1-1 District for a two-year term beginning on
October 1, 2021 and ending on September 30, 2023, and providing an effective date.
BACKGROUND
The Denco Area 9-1-1 District was created in 1987 and is governed by a board of managers appointed by
the County, participating cities, and the Denton County Fire Chief's Association. Each year, the term of
one of the two members appointed by participating municipalities expires. This year, the term of Ms. Sue
Tejml expires on September 30, 2021. Board members serve in two-year staggered terms and are eligible
for reappointment. Members are eligible for consecutive terms. Ms. Tejml has expressed her desire to
serve another term.
Staff sent an informal staff report to the City Council on May 10, 2021 requesting nominations. Since no
nominations were sent to staff to place on a City Council agenda, no nominations were submitted to
Denco. On June 1, 2021 the City received notice (Exhibit 3) from Denco requesting that the City vote for
one of the nominees on the slate of nominees and advise them of its selection, if any, prior to July 30,
2021. Four nominees for the position were submitted by area cities. The nominees are Brandon Barth,
Mark Klingele, Sue Tejml, and David Terre. The resumes of the nominees are included in Exhibit 3. The
nominee with the most votes will be the municipalities’ representative to the District’s Board of Managers
for the two-year term beginning October 1, 2021.
OPTIONS
Candidate Brandon Barth, nominated by the Town of Flower Mound
Candidate Mark Klingele, nominated by the City of Corinth
Candidate Sue Tejml, nominated by various cities and towns in Denton County
Candidate David Terre, nominated by the City of The Colony
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
None
FISCAL INFORMATION
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
620
None
EXHIBITS
1. Agenda Information Sheet
2. Resolution
3. Denco Area 9-1-1 District Letter dated June 1, 2021
4. Current Denco 9-1-1 Board of Managers
5. Presentation
Respectfully submitted:
Suzanne Kaletta
Public Safety Communications Division Manager
621
RESOLUTION NO. _______________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON FOR THE
APPOINTMENT OF ONE MEMBER TO THE BOARD OF MANAGERS OF THE DENCO
AREA 9-1-1 DISTRICT FOR A TWO-YEAR TERM BEGINNING ON OCTOBER 1, 2021 AND
ENDING ON SEPTEMBER 30, 2023, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Chapter 772 of the Texas Health and Safety Code provides that two voting
members of the Board of Managers of an Emergency Communication District shall be appointed
jointly by participating municipalities located in whole or in part of the District; and
WHEREAS, it is the intent of the City of Denton, Texas to vote for a nominee to the Board
of Managers for the Denco Area 9-1-1 District for a two-year term beginning on October 1, 2021
and ending on September 30, 2023;
NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. The City of Denton, Texas hereby votes for _________________________
as a member to the Board of Managers for the Denco Area 9-1-1 District to serve a two-year term
beginning on October 1, 2021 and ending on September 30, 2023.
SECTION 2: If any one or more sections or clauses of this Resolution is judged to be
unconstitutional or invalid, such judgement shall not affect, impair, or invalidate the remaining
provisions of this Resolution and the remaining provisions of this Resolution shall be interpreted
as if the offending section or clause never existed.
SECTION 3: That this Resolution shall become effective immediately upon its passage
and approval.
The motion to approve this ordinance was made by __________________________ and seconded
by _________________________________; the ordinance was passed and approved by the
following vote [___ - ___]:
Aye Nay Abstain Absent
Mayor Gerard Hudspeth: ______ ______ ______ ______
Vicki Byrd, District 1: _____ ______ ______ ______
Brian Beck, District 2: ______ ______ ______ ______
Jesse Davis, District 3: ______ ______ ______ ______
Alison Maguire, District 4: ______ ______ ______ ______
Deb Armintor, At Large Place 5: ______ ______ ______ ______
Paul Meltzer, At Large Place 6: ______ ______ ______ ______
622
623
www.denco.org
TO: Denco Area 9-1-1 District Participating Municipal Jurisdictions FROM: Greg Ballentine, Executive Director
DATE: June 1, 2021 RE: Appointment to the Denco Area 9-1-1 District Board of Managers On March 31, 2021, the Denco Area 9-1-1 District requested municipalities to nominate a representative to the district board of managers for the two-year term beginning October 1, 2021. Denco received the following nominations by the May 31, 2021 deadline: Nominee City/Town Making Nomination Brandon Barth Town of Flower Mound
Mark Klingele City of Corinth Sue Tejml City of Aubrey City of Highland Village City of Justin City of Krugerville City of Lewisville City of Oak Point City of Pilot Point Town of Argyle Town of Bartonville Town of DISH
Town of Double Oak Town of Hickory Creek Town of Lakewood Village Town of Northlake Town of Providence Village Town of Trophy Club David Terre City of The Colony The Denco Area 9-1-1 District requests that each municipality vote for one of the candidates and advise the district of its selection by 5 p.m. on July 30, 2021. No votes will be accepted after that time. If a nominating municipality does not formally vote, it’s nomination will automatically count as a vote for its nominee. Please send a copy of the resolution recording council action. I have attached a sample resolution you may wish to use
and resumes for the candidates. Also attached is a list of current board members. Please send a copy of your council’s office action to the Denco Area 9-1-1 District, 1075 Princeton Street, Lewisville, TX 75067 or to Melinda Camp at melinda.camp@denco.org. We will acknowledge receipt of all votes. Thank you for your assistance in this matter.
624
Council Resolution No. _________________
A RESOLUTION FOR THE APPOINTMENT OF ONE MEMBER TO THE BOARD OF MANAGERS OF THE DENCO AREA 9-1-1 DISTRICT. WHEREAS, Section 772, Health and Safety Code, provides that two voting members of
the Board of Managers of an Emergency Communications District shall be appointed
jointly by all cities and towns lying wholly or partly within the District; NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY / TOWN OF
______________________________, TEXAS:
Section 1
The City / Town of hereby
VOTES TO APPOINT as a member of the
Board of Managers of the Denco Area 9-1-1 District for the two-year term beginning
October 1, 2021.
Section 2
That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _____ day of _____________________, 2021.
Mayor ___________________________________________
City / Town of _____________________________________
___________________________ City / Town Secretary
625
Brandon Barth, CEM®
PROFILE SUMMARY
Results-oriented, dependable professional with 15 years of emergency response and fire rescue experience. Certified
and skilled in emergency management, media, and public relations. Possesses superior communication and multi-
tasking skills with an acute attention to detail in a fast-paced, high-stress environment.
PROFESSIONAL EXPERIENCE
Flower Mound Fire Department, Flower Mound, TX
Emergency Management Officer March 2014-Present
•Leads, manages, directs, and supervises the functions and programs of the Emergency Management Division.
•Assists in the development, planning, and implementation of Departmental goals and objectives.
•Participates in the development and administration of the Emergency Management Division budget, including the
financial planning for staffing, equipment, and supplies for the Emergency Management Division.
•Responds to incidents and provides Emergency Management Support
•Assists the Suppression Division during times of emergency as an officer of the Flower Mound Fire Department
•Manages the Town’s Mobile Incident Command Vehicle and supervises the trained driver/operators of the vehicle.
•Serves as the Public Information Officer for the Fire Department, providing news releases/statements, coordinates
projects with the Town’s Communications Department, and oversees the FMFD website and social media accounts.
•Oversees administrative compliance and scheduling of the AMBUS with the North Central Texas Trauma Regional
Advisory Council and the State of Texas Emergency Medical Task Force.
•Serves as the North Central Texas Trauma Regional Advisory Council’s Finance Committee Chair Elect.
•Serves as a Medical Incident Support Team member as part of the Texas Emergency Medical Task Force.
•Maintains information and Tier II reports on hazardous materials that are stored in the Town of Flower Mound and
project manages hazardous materials spills within the Town.
•Performs various special research projects and responsible for administering special programs.
•Secures technical and financial assistance through grants and Public/Private partnerships.
•Wrote the FY 2018 Staffing for Adequate Fire & Emergency Response (SAFER) Grant and was awarded $2,768,534.25
•Led the Flower Mound Fire Department’s COVID-19 vaccination efforts; vaccinating 1,200 people
•Prepares and presents public awareness programs to civic groups, medical facilities, schools, and other
organizations.
•Reviews Special Event Permits and works with other Town departments to plan for special events and to prepare
Special Event Emergency Operations Plans.
•Examines potential disaster events and evaluates the effect on the Town.
•Produces the Town's Debris Management Plan and master Emergency Operations Plan and 22 supporting Annexes.
Plans the Town's response to disasters and ensures that all entities can respond as outlined in the Emergency
Operations Plan.
•Serves in the Town's Emergency Operation Center (EOC) as the EOC Manager, if activated.
•Responsible for designing, training, and evaluation of periodic exercises to test elements of emergency plan.
•Provides expert knowledge and advice to operating departments on special conditions and operating requirements
that would be imposed by disasters.
•Responsible for ensuring operability of 27 outdoor warning sirens and securing interlocal agreements and
easements for the installation of sirens (installed 16 new sirens since 2014).
•Manage the Town’s Everbridge emergency notification system.
Attachment 2
626
Brandon Barth, CEM®
• Serves as liaison with community, state and federal authorities concerned with disaster planning, response, and
recovery.
• Responsible for seeking FEMA reimbursement post-disaster or reimbursement from the State of Texas post-
deployment of Town resources to other disaster or emergency events; over $1.3 million in the last 3.5 years
• Secured Homeland Security grant funding for a debris response trailer for the Town’s Public Works Department as
part of the region’s Public Works Emergency Response Team
• Serve as the co-chair for the North Central Texas EOC Support Team
Allied International Emergency, LLC – Fort Worth, TX May 2011- March 2014
Operations Manager September 2013-March 2014
•Managed the daily operations and supervised a staff of 8 employees for the Allied International Emergency’s
corporate branch.
•Oversaw 500+ annual hazardous materials and environmental remediation projects daily in a rapid paced
environment with multiple deadlines.
•Prepared bids and proposals to current and future customers.
•Ensured that all supplies and equipment at the facility are in a constant state of operational readiness.
•Provided response and laboratory reports to customers as well as state regulatory agencies regarding
hazardous material/environmental incidents.
•Executed service agreements with new customers during numerous emergency responses.
•Maintained an up-to-date survey that tracks employees' training, certifications, fit tests, and physical exams
to ensure conformance with OSHA regulations.
•Conducted training classes for employees and customers on subjects such as hazardous materials, confined
space entry, and fall protection.
Project Manager May 2011-September 2013
•Managed personnel at various types of hazardous materials and environmental incidents ranging from
tractor-trailer accidents to chemical plant fires per OSHA 1910.120 and requiring travel to various cities and
states on a moment's notice.
•Supervised projects through the emergency response, mitigation, remediation, and closure phases.
•Oversaw the decontamination of Naturally Occurring Radioactive Materials (NORM) as a Radiation Safety
Officer.
•Performed confined space entry and confined space rescue standby as outlined by OSHA 1910.146.
•Interacted with customers as well as state regulatory agencies such as the Texas Railroad Commission and
the Texas Commission on Environmental Quality during hazardous materials incidents as well as
environmental emergencies.
•Responsible for the profiling and disposal of hazardous, non-hazardous, and RCRA E&P exempt waste
streams.
•Conducted sampling of water, air, and soil to determine potential contamination.
•Wrote policies for new hires to the company.
Attachment 2
627
Brandon Barth, CEM®
Baldwin County Fire Rescue – Milledgeville, GA January 2005- March 2011
Full-time Firefighter/Public Information Officer January 2007-March 2011
•Presented a marketing/communications plan to the department's executive staff, thus creating the position
of a PIO as well as creating the department's social media accounts.
•Conducted interviews with local media outlets: newspaper, radio, and TV.
•Wrote news releases and operated the department's social media site.
•Redesigned the department's report writing system and making a quick reference guide to assist those.
•Worked in conjunction with the Executive Staff of the fire department in projecting their message to the
public.
•Assisted with grant and compliance research on behalf of the executive staff.
•Worked 24-hour shifts; responding to various types of emergency incidents including emergency medical
calls, vehicle accidents, and fires.
•Served as the acting-officer in charge; certified through the National Professional Qualifications Pro Board as
a Fire Officer 1; overseeing the day-to-day tasks and emergency operations of the on-duty personnel when the
shift officer was absent.
•Served as part of the regional Hazardous Materials Team; certified through the National Professional
Qualifications Pro Board as a Hazardous Materials Technician
•Assisted in the training of firefighters; certified through the National Professional Qualifications Pro Board as
a Fire Instructor 1.
•Provided fire safety demonstrations and classes to children in the local school system.
• Conducted pre-incident/safety inspections of commercial properties to assess dangers and to determine
proper mitigation procedures based on building layout, hazards, and building construction.
• Drove and operated fire apparatus to include engines, tankers, aerials, and rescue trucks.
• Awarded Firefighter of the Year – Baldwin County Fire Rescue 2008-2009.
Part-time/Volunteer Firefighter January 2005-January 2007
While pursuing bachelor's degree, worked part-time covering shifts for full-time personnel who were on leave.
Was entrusted to work alone at stations in rural parts of the county that only had one person on-duty during a
shift. Maintained attendance in more than 80% of emergency calls and training drills and responded to
emergencies via notification by pager.
EDUCATION
Bachelor of Business Administration, International Business
Georgia College & State University - Milledgeville, GA May 2007
PROFESSIONAL CERTIFICATIONS
Certified Emergency Manager, International Association of Emergency Managers
Fire Service Chief Executive Officer, Texas A&M Engineering Extension Service
Advanced Professional Series, Federal Emergency Management Agency
Professional Development Series, Federal Emergency Management Agency
Amateur Radio License, Federal Communications Commission
Advanced Structural Firefighter, Texas Commission on Fire Protection
Advanced Fire Investigator, Texas Commission on Fire Protection
Attachment 2
628
Brandon Barth, CEM®
Fire Officer IV, IFSAC/Texas Commission on Fire Protection
Fire Instructor II, IFSAC/Texas Commission on Fire Protection
Incident Safety Officer, IFSAC/Texas Commission on Fire Protection
Hazardous Materials Operations, IFSAC/Texas Commission on Fire Protection
Firefighter II, IFSAC/Texas Commission on Fire Protection
Emergency Medical Technician-Basic, National Registry and Texas Department of State Health Services
Wildland Firefighter, Texas Commission on Fire Protection and Texas A&M Forest Service
ICS 100, 200, 300, 400, 700, and 800, Federal Emergency Management Agency
AWARDS AND COMMENDATIONS
North Central Texas Council of Governments Regional Service Excellence Award
International Association of Fire Chiefs Ready, Set, Go! Excellence Award
Van Zandt County, TX Tornado Deployment Ribbon
Hurricane Harvey Deployment Ribbon
Flower Mound Fire Department “All In” Award
Hurricanes Marco & Laura Deployment Ribbon
El Paso, TX COVID-19 Deployment Ribbon
Attachment 2
629
Mark C. Klingele
2711 Vistaview Dr. Corinth, TX 76210 Tel. 940.395.0846 mcklingele3@gmail.com
_________________________________________________________________________________________________________
Objec&ve
To be a valuable team member with an organization that is respected worldwide.
Experience
University of North Texas 1/2012 - 12/2019
■Adjunct Professor
■Design, develop and teach courses in within the Alternative Dispute Resolution Program.
Denton Fire Department 4/1983 – 7/2014
■Deputy Fire Chief, Captain, Driver/Operator, and Fire Fighter.
United States Air Force Ac&ve and Reserves 8/1977 - 5/1988
• Crash/Fire Rescue Fire Fighter, Driver/Operator, Station Captain, and Communications.
Educa&on
University of North Texas 2002 - 2011
▪2011 Alternative Dispute Resolution University of North Texas
▪2007 Master of Business Administration University of North Texas
▪2002 Bachelor of Business Administration University of North Texas
▪2002 Staff and Command Maryland Fire & Rescue Inst.
Na&onal Fire Academy 3/2008
▪2008 Executive Fire Officer National Fire Academy
TCFP Cer&fica&ons
▪Master Firefighter, Fire Service Instructor II, Driver/Operator, and ARFF
Skills
During my more than 31 years of municipal government experience I spent more than 5½ years
managing a large organization including supervising more than 142 employees in
communications, emergency medical intervention, emergency scene mitigation, financial
management, budgeting, strategic planning, and emergency management. My certifications from
Texas Commission on Fire Protection are currently inactive due to my retirement and should be
able to renew based on affiliation. Since I obtained my Dispute Resolution Certificate from UNT
I have had the opportunity to hone my negotiation, mediation, and problem solving skills through
and in conjunction with the University of North Texas. As an Adjunct Professor I have become
very comfortable in front of people and am able to handle any public speaking request.
Resume 2021
630
Sue Rosson Tejml
stejml@aol.com Cell: 940-368-1085 835 Orchid Hill Lane, Argyle-Copper Canyon, TX 76226-4526 Photo: March 2019 – photograph by Bill Castleman PERSONAL: Native Texan; Copper Canyon resident last 31 years
Three adult children, seven grandchildren (ages 8-33) Married 60+ years to Emil Tejml (engineer & attorney)
(In case you wondered, his Czech name rhymes - A mull TAY mull.) With corporate moves - we have lived in 4 states, 6 Texas cities, and worked abroad
Stay-at-home mother, until I became an attorney at age 40. EDUCATION: University of Texas at Austin (B.A. History)
Texas A&M University at Kingsville (M.A. History)
Rice University (full scholarship for Ph.D. History, lack dissertation for Ph.D. degree)
New York University Law School: 2 years, Top 10 United States Law School
University of Houston Law School (LL.B. Degree.)
MAYOR: Town of Copper Canyon for 14 years; re-elected unopposed 7th term 2017-2019
2004 Master Plan: Maintained Rural Feeling of Town north of FM 407 Town Center! MINIMUM ONE ACRE home lots for 15 years! 2019: 42% Town is Ag Exempt with fields, trees!
“What’s Happening in Copper Canyon” For 14 years I have personally written this
Monthly Mayor’s Column in the Cross Timbers Gazette, a local newspaper with 47,000 circulation. (Second in circulation in Denton County only to the Dallas Morning News.) My attempt to keep residents informed of events in our Town and subjects of general interest in our area – roads, water, gas well drilling, etc. Government transparency is my primary goal!
Argyle Volunteer Fire District Board (Served 14 years, 2005 to 2019)
Denton County Emergency Services District #1 Our small town’s dilemma was inability to
adequately fund emergency services. ESD’s Founding Committee’s task was to educate residents on the benefits of an ESD. The ESD would collectively provide emergency fire and ambulance medical services to the towns of Argyle, Bartonville, Copper Canyon, Corral City, Northlake, and FWSD #6 and #7 in Lantana. But a specific property tax would be needed to fund it. ESD#1 was created in 2006 by a 62% positive vote in a district-wide special election over 65 square miles.
Citizens voted themselves a tax increase for the specific benefit of Emergency Fire & Medicine. Neighborhood Watch and Crime Prevention Copper Canyon does not have a police department. Resident Block Captains were recruited for all 40 streets in town. Our Town Council contracted with the Denton County Sheriff for Deputies
dedicated to Copper Canyon. Every shift a Deputy drives each street in Copper Canyon at least once
and provides Rush Hour Traffic Patrol. Result is a virtually crime free community for past decade!
Dallas Morning News: Copper Canyon named one of 10 Best Communities in DFW Metroplex! Spring 2016. Town rated #6 for safety – a prime concern for all individuals and families! Maintained Same Low Tax Rate for 6 Years (2014-2019): .297505 includes road bond. Under
spend budget each fiscal year. Roll budget surplus into Road Fund or Crime Prevention Fund.
631
2009 Road Taskforce: Composed of one person from almost all 40 roads in Town. Town Wide Election approves $2.5 million bond to rebuild 90% of 25-35 year old asphalt interior residential roads. Standard & Poors rating AA- (now AA+.) Denton County funds $14 million to rebuild perimeter commuter roads through Town in concrete: Copper Canyon Rd, Orchid Hill Ln, Chinn Chapel Rd.
Drafting Committee: 2010 “Best Practices for Municipalities and Gas Pipelines” A collaborative effort of Denton County Mayors, Commissioners Court, and the Texas Pipeline Association. Goal was to expedite safe pipeline construction, but with a minimal impact on landowners, local businesses, and future development plans of each city. All affected parties signed!
Copper Canyon sponsors Annual Denton County Mayors Crime Luncheon: 7 years (2012-2019) Goal was to coordinate information on area crime between the Denton County Mayors, their Police Chiefs, Denton County Sheriff’s Office, Commissioners Court, Legislative representatives, and our Congressman Michael Burgess. CoServ Co-Sponsors this annual event with food & financial funds!
DENCO 911: Vice Chair, Board of Managers. 8 years (2013-2021.) Elected to 4 terms by 32 Denton County city members. 2019 re-elected by unanimous vote of 24 of 28 City Councils voting. Personally update 8 city councils each year on our outstanding Denco 911 District! Recognized nationally! NENA - National Emergency Number Association: Attended 5 Texas & 5 National Conferences.
LEGAL: Solo Attorney 15 years: General Civil Practice - family law, oil & gas, wills, probate, contracts
Matagorda County Bar Association - President, Texas State Bar - CLE Committee, District 5 Admissions, Texas Bar Foundation Life Member
FAMILY LAW: State Bar Board Certified in Family Law 10 years – Divorce and Child Custody
Texas Supreme Court: Committees on Child Support Guidelines and on Child Visitation Guidelines MUNICIPAL: Bay City, Texas: City Attorney - 6 years. Estimated 18-20,000 population.
Municipal Prosecutor & Legal Advisor to Police Department Home Rule Charter: City wide elected Public Office, Co-Chairman VOLUNTEER: Denton County CASA - Court Appointed Special Advocate for Abused Children
Denton County Children’s Advocacy Center - Gave $10,000 for new Office HUG Romania – Volunteer in a Romanian orphanage for 3 weeks. INTERESTS: Home Design: Designed 5 of our family homes, including last one in Copper Canyon Misc.: Computer, cooking, dollhouse miniatures, hunting, organic gardening, new science Read: Biography, history, current political and global events, 1800’s British romance novels TRAVEL: Selected “Eisenhower People to People Ambassador” – Texas Representative to China’s
Department of Justice. One-month tour of China for 50 United States women attorneys & judges. Visited for a week to a month each: Alaska, Australia, Bermuda, Beirut, Canada, China, Czech Republic, England, France, Germany, Greece, Hawaii, Ireland, Italy, Japan, Mexico, Norway, Romania, Russia, Saudi Arabia, Scotland, Singapore, South Korea, Switzerland, Tahiti, Turkey, Venezuela, Wales.
Hope to visit: Africa, Argentina, Brazil, Egypt, India, Israel, New Zealand, Peru, Tasmania, Yangtze River. Love travel in our beautiful United States! Especially Texas Hill Country-Padre Island! Wish to see Big Bend!
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See reverse
David Terre
3941 Teal Cove
The Colony, Texas 75056
972-740-4526
terre.david@yahoo.com
O B J E C T I V E
If elected to a fourth term, I will continue to work hard, be organized, use
common sense, and always apply the golden rule. This approach has
enabled me to make significant contributions during my previous three
terms.
E D U C AT I O N
Drake University/ Moberly Community College
BS-Business Administration and a Minor in economics
E M P L O Y M E N T H I S T O RY
Vice President of Sales | Wilson Sporting Goods
Retired
46 Year Career
Successfully retired after a wonderful 46 year career where I rose through the ranks to
become Vice President of Sales responsible for all domestic sales.
Directed European Sales Operations while living in Germany
Experience in Marketing
Achieved successful coordination of new product introductions
Managed West Coast Distribution Operations
L E A D E R S H I P
The Colony City Council
2011-Present
2011 - Received the honor of being elected Mayor Pro Tem during my first term on City
Council
2012 - Appointed to the Local Development Corporation Board of Directors to oversee new
Grandscape (Nebraska Furniture Mart) Development
2013 - First Council Member from The Colony, Texas to be elected and serve on the Denton
County Tax Appraisal District Board of Directors
2020 - Reelected to a 4th term on City Council receiving 86% of the total vote
The Colony Planning & Zoning Commission
2008-2011
Served as Vice Chair
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David Terre
Page 2
H O N O R S
1982 – Drake University Basketball Hall of Fame
1994 – Moberly Community College Basketball Hall of Fame
1995-2003 – Three-time Senior Olympics Gold Medal Winner for USA Basketball Team
1999 – Wilson Wall of Fame Honor
2007- Moberly Community College Outstanding Alumni of the year
2013 –Washington High School Hall of Fame
2018 –Roaring Lambs Hall of Fame
D C A D A C C O M P L I S H M E N T S
I have worked with my fellow Board Members to achieve the following meaningful results:
Ensure a Quorum is established by being present at each meeting while achieving perfect
attendance record.
Make informed decisions doing the necessary preparation prior to each meeting
Assisted in developing an Annual Operating Budget to ensure spending stays within
budgeted funds while always looking for opportunities to reduce expenses
Participate in the development and evaluation of the Chief Appraisal Officer each year
To better serve Denton County Property owners, opened a convenient offsite location in the
Lewisville Career Center to handle property tax protests
Launched an online service permitting property owners to file property tax protests
electronically
Implemented a successful, structured flex work schedule as a benefit and morale
Booster for ALL employees
634
Denco Area 9-1-1 District Board of Managers
FY2021 Bill Lawrence, Chairman
• Appointed by Denton County Commissioners Court
• Member since October 2006
• Term expires September 2021
• Former Mayor of Highland Village
• Businessman, Highland Village Sue Tejml, Vice Chair
• Appointed by member cities in Denton County
• Member since 2013
• Term expires September 2021
• Attorney at Law Chief Terry McGrath, Secretary
Appointed by Denton County Fire Chief’s Association
Member since October 2011
Term expires September 2021
Assistant Fire Chief, City of Lewisville Jim Carter
• Appointed by member cities in Denton County
• Member since October 2014
• Term expires September 2022
• President of Emergency Services District #1
• Former Mayor of Trophy Club and Denton County Commissioner Jason Cole
• Appointed by Denton County Commissioners Court
• Member since October 2020
• Term expires September 2022
• Businessman, Denton George Karatzis
Non-voting member appointed by largest telephone company (Verizon)
Member since 2021
Serves until replaced by telephone company
Director, Network Field Engineering, Verizon All voting members serve two-year terms and are eligible for re-appointment.
635
Denco Area 9-1-1 Board
Nomination
Suzanne Kaletta
Public Safety Communications Division Manager
Technology Services
July 27, 2021
ID 21-1538, July 27, 2021 636
Background
•The Denco Area 9-1-1 District was created in 1987
•Governed by Board of Managers, appointed by the County,
participating cities, and the Denton Fire Chief’s Association
•Each year the term of one of the two members appointed by
municipalities expires
•The term of Board Member, Sue Tejml expires on September
30, 2021
•Ms. Tejml is seeking reelection
ID 21-1538, July 27, 2021
637
Background
•On May 10, 2021 an informal staff report was submitted
requesting nominees for the Denco Board of Managers
•Since no nominees were sent to staff to place on a Council
agenda, no nominations were submitted to Denco
•Four nominees were selected by participating cities
ID 21-1538, July 27, 2021
638
Objective
•On June 1, 2021, the City received a request from Denco for a
City vote on the slated nominees and then
•Notify Denco of the Council’s selection by July 31, 2020
•Nominees:
•Brandon Barth
•Mark Klingele
•Sue Tejml
•David Terre
ID 21-1538, July 27, 2021
639
Questions?
Suzanne Kaletta
Public Safety Communications Division Manager
Technology Services
ID 21-1538, July 27, 2021
640
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 21-791,Version:1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute a Roadway
Development Agreement between the City of Denton and Sagebrook Denton,LP,for the dedication and
installation of transportation infrastructure at or adjacent to the Sagebrook Addition;authorizing the
expenditure of funds therefor;authorizing acceptance of land and improvements;and providing an effective
date.
City of Denton Printed on 7/23/2021Page 1 of 1
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City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Capital Projects/Engineering
DCM: David Gaines
DATE: July 27, 2021
SUBJECT
Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute a
Roadway Development Agreement between the City of Denton and Sagebrook Denton, LP, for the
dedication and installation of transportation infrastructure at or adjacent to the Sagebrook Addition;
authorizing the expenditure of funds therefor; authorizing acceptance of land and improvements; and
providing an effective date.
BACKGROUND
On February 18, 2020, the City Council approved the annexation of a majority of the property that will
ultimately be developed into the Sagebrook single-family residential development. Following annexation,
the Planning and Zoning Commission approved preliminary plat PP20-0019 on September 16, 2020, which
included approximately 490 single-family lots that will be developed in four different construction phases.
On July 21, 2020, planned development PD20-0001f was approved that included the following key
components:
• 490 residential lots
• Approximately 6.9 acres dedicated to homeowner’s association (HOA) amenity space – amenity
center, ponds, walking trails (12.96 acres of total HOA open space)
• Central 10-foot trail connection between future park and Brush Creek Road
• Approx. 15.3 acres to be dedicated to City for future trail extension (12.8-acre floodplain)
• Plugged gas well
• Extension of Brush Creek Road and relocation of railroad crossing from Bonnie Brae to the future
Brush Creek extension
Final Plat FP20-0028a was approved on April 21, 2021, for phase 1 of the Sagebrook development. During
the review of the final plat application and associated review of engineering plans for the first phase of the
Sagebrook development, staff held several internal meetings and conversations with the Sagebrook
developer regarding the sequencing of necessary roadway improvements. One of the key items discussed
included the timing of the Brush Creek extension, which would require removal of the Bonnie Brae rail
crossing and the opening of a new crossing at the future intersection of US 377. While the City’s Mobility
Plan supports the Brush Creek extension, which would extend Brush Creek from US 377 to ultimately
connect to Allred Road, there is not a current capital project or City funding identified to bring the project
to fruition. Additionally, staff could not guarantee timing of Union Pacific Railroad’s (UPRR) review and
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
642
approval of the proposed closure of the current Bonnie Brae rail crossing and opening of the proposed Brush
Creek rail crossing.
The sole existing access point to the proposed Sagebrook development is Allred Road, which is currently
in poor condition and needs to be reconstructed to commercial collector standards to accommodate planned
growth in the area and align with proposed revisions to the Mobility Plan. The future Brush Creek extension
will ultimately lead to a southern entrance of the Sagebrook development. Since timing of the Brush Creek
extension cannot be guaranteed, a secondary interim access point will need to be identified once thirty
homes are constructed to ensure compliance with 2012 International Fire Code Section D107. Sagebrook
Denton, LP has proposed to construct an interim secondary access point off Bonnie Brae with the option to
potentially relocate the secondary access point off Allred as construction progresses.
To address the considerations described above along with other right-of-way dedication and improvement
requirements, City staff and representatives from Sagebrook Denton, LP drafted a proposed Roadway
Development Agreement outlining responsibilities of both parties. Key elements of the Roadway
Development Agreement are described below and are further explained in Exhibit 2 (attached).
Allred Road
Developer Commitments:
• Dedication of 20-80-foot-wide right-of-way to the City, with the portion of Allred Road right-of-
way from Bonnie Brae to the neighborhood’s northern entry point dedicated with the first phase of
the development.
o Remaining dedication of Allred Road right-of-way will occur with earliest of the following
scenarios:
▪ Filing of the final plat for the final phase of the development;
▪ Within 90 days of the City’s request for dedication if the City is able to substantiate
proof of funding to design and construct Southwest Park or other projects located in
the right-of-way; or
▪ Prior to the developer’s conveyance of ownership of any portion of the Allred Road
right-of-way.
• Construction of two lanes of Allred Road from Bonnie Brae to the Sagebrook development’s
western boundary to commercial collector standards on a phase-by-phase basis. Construction will
include a 25-foot wide portion of roadway, including a left turn lane and 8-foot sidewalks on the
south side of Allred Road.
o Prior to occupancy of the first home, construction will be completed from Bonnie Brae to
the development’s northern entry point at “Oak Leaf Trail.”
• Completion of a traffic impact analysis related to primary access of the development being from
Allred Road due to unavailability of access from Brush Creek Road.
o If warranted, developer will construct deceleration and acceleration to the development’s
northern entry point of Allred at “Oak Leaf Trail.”
• Construction of an access drive from Allred Road to Southwest Park as shown in the Southwest
Park Master Plan.
• Execution of a three-party development contract between the City, developer and developer’s
contractor for the construction of developer’s portion of Allred Road and the associated 8-foot
sidewalk.
City Commitment:
• Provide specific location of Southwest Park access drive by September 1, 2021.
• Future completion of the reconstruction of Allred Road from Bonnie Brae to the end of the City
limits to commercial collector standards.
643
Brush Creek Road (Brush Creek Extension)
Developer Commitment:
• Dedication of 120-feet of right-of-way width as shown on the preliminary plat.
o Right-of-way dedication will be consistent with the final plat, with the remaining dedication
to occur on a phase-by phase basis.
City Commitment:
• City to construct Brush Creek extension and associated UPRR rail crossing along with closure of
existing Bonnie Brae rail crossing after funding is secured and the project is incorporated into the
Capital Improvement Plan.
Bonnie Brae Street
Developer Commitment:
• Construction of an interim secondary access drive to the first phase of the development in
compliance with residential street specifications prior to the occupancy of the thirtieth home.
o Developer will have the ability to relocate and install the secondary drive to Allred Road,
which the developer or homeowner’s association will be required to remove once southern
access at Brush Creek is available.
Roadway Impact Fees
Developer Commitment:
• Developer has a Roadway Impact Fee assessment of $980,000.00 for the Sagebrook development.
City Commitment:
• City will grant Roadway Impact Fee credits in the amount of $417,600.00 for the dedication of
Brush Creek Road right-of-way after such dedication is made.
RECOMMENDATION
Staff recommends approval of the Roadway Development Agreement with Sagebrook Denton, LP to ensure
adequate right-of-way dedication and roadway improvements are made to accommodate the additional 490
homes and additional traffic generated by the proposed Sagebrook development.
EXHIBITS
Exhibit 1 – Agenda Information Sheet
Exhibit 2 – Ordinance
Exhibit 3 – PP20-0019
Exhibit 4 – PD20-0001f
Exhibit 5 – FP20-0028a
Exhibit 6 – CEP21-0030
Exhibit 7 – Presentation
Respectfully submitted:
Rebecca Diviney, P.E.
Director Capital Projects/City Engineer
Prepared by:
Rachel Wood, Deputy Director of Capital Projects
644
ORDINANCE NO.__________
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO
EXECUTE A ROADWAY DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
DENTON AND SAGEBROOK DENTON, LP, FOR THE DEDICATION AND
INSTALLATION OF TRANSPORTATION INFRASTRUCTURE AT OR ADJACENT TO THE
SAGEBROOK ADDITION; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR;
AUTHORIZING ACCEPTANCE OF LAND AND IMPROVEMENTS; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Sagebrook Denton, LP (the “Developer”), owns and is currently developing
a 143.133 acre parcel of property within the City of Denton, known as Sagebrook Addition, and
requests to dedicate and construct certain public roadways in accordance with the City’s Code of
Ordinances; and
WHEREAS, the Developer proposes to dedicate and construct portions of Allred Road,
construct access drives, and dedicate right-of-way for Brush Creek Road in exchange for roadway
impact fee credits; and
WHEREAS, the City of Denton and Developer have negotiated the Agreement for the
mutual benefit of the parties and the general public,
WHEREAS, the City Manager recommends, and the City Council deems it in the public
interest that the City enter into the Roadway Development Agreement attached hereto; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this Ordinance are
incorporated herein by reference.
SECTION 2. The City Manager is hereby authorized to execute on behalf of the City, the
Roadway Development Agreement as attached hereto and incorporated by reference herein.
SECTION 3. The City Manager, or her designee, is hereby authorized to receive dedication
of right-of-way and improvements, make expenditures, and to undertake the obligations as set
forth in the Roadway Development Agreement in accordance with the terms of the Roadway
Development Agreement.
SECTION 4. 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 [___ - ___]:
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Aye Nay Abstain Absent
Gerard Hudspeth, Mayor: ______ ______ ______ ______
Vicki Byrd, District 1: ______ ______ ______ ______
Brian Beck, District 2: ______ ______ ______ ______
Jesse Davis, District 3: ______ ______ ______ ______
Alison Maguire, District 4: ______ ______ ______ ______
Deb Armintor, At Large Place 5: ______ ______ ______ ______
Paul Meltzer, At Large Place 6: ______ ______ ______ ______
PASSED AND APPROVED this the _____ day of ___________________, 2021.
__________________________________
GERARD HUDSPETH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
BY: __________________________________
APPROVED AS TO LEGAL FORM:
CATHERINE CLIFTON, INTERIM CITY ATTORNEY
BY: __________________________________
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City Engineer - Capital Projects
7/23/2021
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APPROX. SURFACE LOCATION OF
MCCUTCHIN WELL NO. 1H PER WELL
LOCATION PLAT PREPARED FOR
REICHMAN PETROLEUM CORP.
DATED 10-26-05
(WELL HEAD NOT OBSERVED AT TIME OF SURVEY)
B.B.B. & C. R.R. Co. SURVEY
ABSTRACT No. 160
APPROXIMATE SURVEY AND CITY LIMIT LINE
DENTON COUNTY
CITY OF DENTON
18222
PROJECT
SITE
PRELIMINARY PLAT
L E G E N D
111 Hillside Drive
Lewisville, Texas 75057
972. 436. 9712
201 Country View Drive
Roanoke, Texas 76262
940. 240. 1012
TBPE: 19762 TBPLS: 10194440
www.gacon.com
www.mcadamsco.com
The John R. McAdams
Company, Inc.
Planning Approved
09/16/20
Hayley Zagurski
PP20-0019 P&Z Approved 09/16/20
PP20-0019 P&Z Approved 09/16/20 Hayley Zagurski
682
APPROXIMATE LOCATION OF UNDEFINED EASEMENT TO
D.A. LITTLE AND R. MURRY JOHNSON FOR TELEPHONE
LINES ALONG THE SOUTH AND WEST SIDE OF THE
PUBLIC ROAD RIGHT-OF-WAY AND IN LINE WITH
FENCE ON NORTH AND EAST SIDE OF LAND.
VOL. 304, PG. 122 ~ D.R.D.C.T.
(Item 10h)
APPROXIMATE LOCATION OF
20' CITY OF DENTON
PUBLIC UTILITY EASEMENT
VOL. 5406, PG. 6400
R.P.R.D.C.T.
(Item 10l)
∆
18222
PROJECT
SITE
111 Hillside Drive
Lewisville, Texas 75057
972. 436. 9712
201 Country View Drive
Roanoke, Texas 76262
940. 240. 1012
TBPE: 19762 TBPLS: 10194440
www.gacon.com
www.mcadamsco.com
The John R. McAdams
Company, Inc.
PRELIMINARY PLAT
Planning Approved
09/16/20
Hayley Zagurski
PP20-0019 P&Z Approved 09/16/20
PP20-0019 P&Z Approved 09/16/20 Hayley Zagurski
683
BARNETT GATHERING COMPANY, LLC
2.693 ACRE SURFACE SITE EASEMENT
DOC. NO. 2004-143401
O.R.D.C.T.
(Item 10n)
30' ENERGY TRANSFER, L.P. EASEMENT
DOC. NO. 2006-43510
DOC. NO. 2007-17522
DOC. NO. 2007-27998
O.R.D.C.T.
0.129 AC. ENERGY TRANSFER, L.P.
SURFACE SITE EASEMENT
DOC. NO. 2006-43510
DOC. NO. 2007-17522
DOC. NO. 2007-27998
O.R.D.C.T.
30' ENERGY
TRANSFER, L.P. EASEMENT
DOC. NO. 2007-109012
O.R.D.C.T.
30' ENERGY TRANSFER, L.P. EASEMENT
DOC. NO. 2006-43510
DOC. NO. 2007-17522
DOC. NO. 2007-27998
O.R.D.C.T.
JAMES SEVERE SURVEY
ABSTRACT NO. 1164
APPROXIMATE SURVEY LINE
D E N T O N
C O U N T Y
C I T Y O F
D E N T O N
APPROXIMATE SURVEY AND CITY LIMIT LINE
DENTON COUNT
Y
CITY OF DENTON
A PPR O XIMATE
C ITY L IMIT LINE
18222
PROJECT
SITE
111 Hillside Drive
Lewisville, Texas 75057
972. 436. 9712
201 Country View Drive
Roanoke, Texas 76262
940. 240. 1012
TBPE: 19762 TBPLS: 10194440
www.gacon.com
www.mcadamsco.com
The John R. McAdams
Company, Inc.
PRELIMINARY PLAT
Planning Approved
09/16/20
Hayley Zagurski
PP20-0019 P&Z Approved 09/16/20
PP20-0019 P&Z Approved 09/16/20 Hayley Zagurski
684
ZONE X(UNSHADED)ZONE AZONE X
(UNSHADED)
Z
ONE AZ
ONE X(
UNSHADED)
APPROXIMATE LIMITS OF 100 YEAR
FLOODPLAIN PER FEMA MAP
ZONE A
B.B.B. & C. R.R. CO. SURVEY
ABSTRACT No. 159
HENRY H. HAGGOOD SURVEY
ABSTRACT No. 517
B.B.B. & C. R.R. CO. SURVEY
ABSTRACT No. 160
APPROXIMATE
SURVEY LINE
APPROXIMATE SURVEY AND CITY LIMIT LINE
APPROXIMATE SURVEY AND CITY LIMIT LINE
DENTON COUNTY
CITY OF DENTON
DENTON COUNTY
CITY OF DENTON
111 Hillside Drive
Lewisville, Texas 75057
972. 436. 9712
201 Country View Drive
Roanoke, Texas 76262
940. 240. 1012
TBPE: 19762 TBPLS: 10194440
www.gacon.com
www.mcadamsco.com
The John R. McAdams
Company, Inc.
18222
PROJECT
SITE
PRELIMINARY PLAT
Planning Approved
09/16/20
Hayley Zagurski
PP20-0019 P&Z Approved 09/16/20
PP20-0019 P&Z Approved 09/16/20 Hayley Zagurski
685
18222
111 Hillside Drive
Lewisville, Texas 75057
972. 436. 9712
201 Country View Drive
Roanoke, Texas 76262
940. 240. 1012
TBPE: 19762 TBPLS: 10194440
www.gacon.com
www.mcadamsco.com
The John R. McAdams
Company, Inc.
PRELIMINARY PLAT
Planning Approved
09/16/20
Hayley Zagurski
PP20-0019 P&Z Approved 09/16/20
PP20-0019 P&Z Approved 09/16/20 Hayley Zagurski
686
STREET
(50' R.O.W.)
STREET
(50' R.O.W.)
18222
“
“ ”
”
” “ ”
”
” “ ”
” “ ”
” “ ”
”
” ”
”
”
“
”
”
” ”
” ”
”
111 Hillside Drive
Lewisville, Texas 75057
972. 436. 9712
201 Country View Drive
Roanoke, Texas 76262
940. 240. 1012
TBPE: 19762 TBPLS: 10194440
www.gacon.com
www.mcadamsco.com
The John R. McAdams
Company, Inc.
PRELIMINARY PLAT
Planning Approved
09/16/20
Hayley Zagurski
PP20-0019 P&Z Approved 09/16/20
PP20-0019 P&Z Approved 09/16/20 Hayley Zagurski
687
ZONE AZONE A
ZONE X
(UNSHADED)
ZONE A
ZONE X(UNSHADED)
APPROXIMATE LIMITS OF
100 YEAR FLOODPLAIN PER FEMA MAP
ZONE A
PHASE II
PHASE IA
PHASE IV
PHASE III B.B.B. & C. R.R. CO. SURVEY
ABSTRACT No. 159
HENRY H. HAGGOOD SURVEY
ABSTRACT No. 517
B.B.B. & C. R.R. Co. SURVEY
ABSTRACT No. 160
B.B.B. & C. R.R. CO. SURVEY
ABSTRACT No. 160
JAMES SEVERE SURVEY
ABSTRACT NO. 1164
APPROXIMATE SURVEY LINE
APPROXIMATE SURVEY LINE
APPROXIMATE SURVEY LINE
APPROXIMATE SURVEY LINE
APPROXIMATE SURVEY LINE
∆
PHASE IB
PHASE IA
PHASE III
PHASE IV PHASE II
18222
PROJECT
SITE
111 Hillside Drive
Lewisville, Texas 75057
972. 436. 9712
201 Country View Drive
Roanoke, Texas 76262
940. 240. 1012
TBPE: 19762 TBPLS: 10194440
www.gacon.com
www.mcadamsco.com
The John R. McAdams
Company, Inc.
PRELIMINARY PLAT
Planning Approved
09/16/20
Hayley Zagurski
PP20-0019 P&Z Approved 09/16/20
PP20-0019 P&Z Approved 09/16/20 Hayley Zagurski
688
S:\Legal\Our Documents\Ordinances\20\PD20-0001 Rezoning Ordinance For Sagebrook - FINAL.Docx
ORDINANCE NO. PD20-0001f
AN ORDINANCE OF THE CITY OF DENTON, TEXAS REGARDING AN INITIAL ZONING
OF PLANNED DEVELOPMENT (PD) DISTRICT ON APPROXIMATELY 128.94 ACRES
AND A ZONING CHANGE FROM RESIDENTIAL 6 (R-6) DISTRICT TO PLANNED
DEVELOPMENT (PD) DISTRICT ON APPROXIMATELY 14.19 ACRES, FOR A TOTAL OF
APPROXIMATELY 143.14 ACRES OF LAND GENERALLY LOCATED SOUTH OF
ALLRED ROAD AND WEST OF SOUTH BONNIE BRAE STREET AND FORT WORTH
DRIVE, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; ADOPTING AN
AMENDMENT TO THE CITY'S OFFICIAL ZONING MAP; PROVIDING FOR A PENALTY
IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (PD20-0001; Sagebrook)
WHEREAS, Douglas Powell of McAdams, applied on behalf of property owner, Sharon
Losak McCutchin, in her capacity as (i) Trustee of the Tamara McCutchin Saxe Trust and (ii)
Trustee of the McCutchin Marital Non Exempt Trust, for an initial zoning of Planned Development
PD) District on approximately 128.94 acres and for a zoning change from Residential 6 (R-6)
District to Planned Development (PD) District on approximately 14.19 acres, for a total of
approximately 143.14 total acres of land legally described in Exhibit "A," attached hereto and
incorporated herein by reference (hereinafter, the "Property"); and
WHEREAS, on May 6, 2020, the Planning and Zoning Commission, in compliance with
the laws of the State of Texas, gave the requisite notices by publication and otherwise, and held
due hearings and afforded full and fair hearings to all property owners interested in this regard,
and postponed discussion and making a recommendation on this application to May 20, 2020; and
WHEREAS, on May 20, 2020, the Planning and Zoning Commission postponed making a
recommendation on this application to June 3, 2020; and
WHEREAS, on June 3, 2020, the Planning and Zoning Commission postponed making a
recommendation on this application to July 8, 2020; and
WHEREAS, on July 8, 2020 the Planning and Zoning Commission reviewed this
application and recommended approval [6-1 ] of the initial zoning and zoning change; and
WHEREAS, on July 21, 2020, the City Council likewise conducted a public hearing as
required by law, and finds that the request meets and complies with all substantive and procedural
standards for a rezoning to PD set forth in Section 2.7.3 of the Denton Development Code, and is
consistent with the Denton Plan 2030 and the Denton Development Code;
WHEREAS, the Planning and Zoning Commission and the City Council of the City of
Denton, in considering the application for a change in the zoning classification of the property ,
have determined that the proposed use is in the best interest of the health, safety, morals, and
general welfare of the City of Denton, and accordingly, the City Council of the City of Denton is
of the opinion and finds that said zoning change is in the public interest and should be granted as
set forth herein; NOW THEREFORE,
689
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference and found to be true.
SECTION 2. The initial zoning district and use classification is Planned Development
PD) on 128.94 acres of the Property and the zoning district and use classification is changed from
R6 District to PD District on 14.19 acres of the Property. The Development Standards for the PD
are described in Exhibit "B," attached hereto and incorporated herein by reference, and the PD
Development Plan Map is depicted in Exhibits "C" and "D," also attached hereto and incorporated
herein by reference. Conceptual landscape, tree preservation, fence, trail, and amenity plans are
depicted in Exhibits "E" through "P," also attached hereto and incorporated herein by reference.
Development of the Property shall be in accordance with the standards in Exhibit "B" and the
Development Plan Map and conceptual plans shown in Exhibits "C" through "P".
SECTION 3. The City's official zoning map is hereby amended to show the changes in
the zoning district and use classification.
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.
SECTION 5. Any person, firm, partnership or corporation violating any provision of this
ordinance shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by
fine in a sum not exceeding $2,000.00 for each offense. Each day that a provision of this ordinance
is violated shall constitute a separate and distinct offense.
SECTION 6. That an offense committed before the effective date of this ordinance is
governed by prior law and the provisions of the Denton Code of Ordinances, as amended, in effect
when the offense was committed and the former law is continued in effect for this purpose.
SECTION 7. In compliance with Section 2.09(c) of the Denton Charter, this ordinance
shall become effective fourteen (14) days from the date of its passage, and the City Secretary is
hereby directed to cause the caption of this ordinance to be published twice in the Denton Record -
Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the
date of its passage.
Page 2 of 3
690
The motion to approve #tthm, ordina e was made by
and seconded by, the
rdinance was passed d approved by the following -]:
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
ATTEST:
ROSA RIOS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY:
CHRIS WATT", AYOR
40,
Page 3 of 3
N. I
2020.
691
EXHIBIT A
Legal description for
McCutchin Tract
143.137 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" rebar found with cap stamped "TN&P" at the northwest corner of said 147.58
acres, same being in the east line of a called 34.937 acre tract of land described in deed to Angela
Dominguez and Michael John Barber recorded in Document No. 1999-58950, Official Records, Denton
County, Texas from which a 1/2 inch rebar found at the northeast corner thereof bears N 00°11'20" W, a
distance of 19.91 feet;
THENCE N 89°59'20" E, a distance of 3556.55 feet to a 1/2" rebar with cap stamped "TN&P" found in the
east line of a called 0.317 acre tract of land described in deed to the City of Denton, recorded in
Document No. 2004-149094, Official Records, Denton County, Texas ;
THENCE S 01°01'40" E, with the west line of said 0.317 acre tract a distance of 34.99 feet to a 1/2" rebar
found with cap stamped "Alliance";
THENCE S 05°24'10" E, continuing with the west line of said 0.317 acre tract a distance of 173.20 feet to
a 1/2" rebar set with cap stamped "McAdams";
THENCE S 01°05'50" W, continuing with the west line of said 0.317 acre tract a distance of 369.64 feet to
a 1/2" rebar found;
THENCE southeasterly with a curve to the left having a radius of 179.30 feet, a central angle of
13°34'05", an arc length of 42.46 feet and whose chord bears S 05°41'04" E, a distance of 42.36 feet to a
PK nail found in the west line of the Texas & Pacific railroad;
THENCE S 27°30'30" W, with the west line of said Texas & Pacific railroad a distance of 1415.80 feet to a
cross tie fence corner post being in the northeast corner of a called 93.95 acre tract of land described in
deed to Angela Dominguez and Michael John Barber recorded in Document No. 2004-11388, Official
Records, Denton County, Texas;
692
THENCE S 88°46'25" W, with the north line of said 93.95 acre tract passing a 1/2" rebar found at a
distance of 2083.75 feet, being the northwest corner of said 93.95 acre tract same being the northwest
corner of a called 13.64 acre tract of land described in deed to Angela Dominguez and Michael John
Barber recorded in Document No. 2003-208519, Official Records, Denton County, Texas and continuing
a total distance of 2910.96 feet to a 1/2" rebar set with cap stamped "McAdams;
THENCE N 00°11'20" W, a distance of 597.66 feet;
THENCE N 89°38'30" E, a distance of 390.63 feet;
THENCE northwesterly with a curve to the left having a radius of 1062.00 feet, a central angle of
41°03'47", an arc length of 761.12 feet, and whose chord bears N 25°44'15" W, a distance of 744.93
feet;
THENCE northwesterly with a curve to the right having a radius of 688.00 feet, a central angle of
21°25'35", an arc length of 257.28 feet, and whose chord bears N 15°55'03" W, a distance of 255.79
feet;
THENCE N 00°11'20" W, a distance of 424.24 feet to the POINT OF BEGINNING and containing
approximately 143.137 acres of land.
PD Amendment
693
EXHIBIT B
Development Standards for
P D20-0001
SAGEBROOK —Planned Development (PD) District
For 143.137 Acres
City of Denton, Denton County, Texas
SECTION 1: Purpose.
The regulations set forth in this section of the development standards are for the Planned Development
PD) District. This Planned Development (PD) District provides for development standards for the above
referenced tract which is comprised of the McCutchin Tract that total 143.137 acres and is provided as
Exhibit A.
The regulations for the R6 - Residential District and all other provisions of the City of 2019 Denton
Development Code (DDC) effective date 10/11/2019, shall apply except as modified herein. Deviations
from the City of Denton's Transportation Criteria Manual for standard street and sidewalk sections are
proposed within this plan. Street and sidewalk sections identified within this planned development (PD)
are subject to approval at platting.
The proposed subdivision layout is shown on the Development Plan Map sheets provided as C and D.
SECTION 2: Use Regulations.
Allowable uses shall be limited to single-family detached; park, playground, open space; amenity center;
and those accessory and temporary uses permitted in R6 — Residential.
SECTION 3: Maximum Density.
The maximum number of Single -Family Detached Dwellings shall be Four -hundred Ninety (490) for a
maximum density of 3.43 dwelling units per acre. Open Space/Homeowner's Association (HOA) lots do
not count against the Maximum Density.
SECTION 4: Dimensional Standards.
If not specifically stipulated below, Dimensional Standards shall follow the R6 Zoning District as stated in
DDC Section 3.2.6.
Minimum Front Yard Setback (Sec 3.7.3) 20 feet
Minimum Side Yard Setback' (Sec 3.7.3) 5 feet
Lot Width (Sec 3.7.2) 50 feet
PD Amendment 3
694
Notes: 1) Minimum Side Yard Setback shall be 10' on corner lots.
2) Lot Width shall be measured at the building setback for cul de sac or
knuckle lots.
SECTION 5: Tree Preservation and Landscape Standards.
The development will comply with the DDC Section 7.7.4. The Developer shall submit a detailed tree
survey prepared and submitted with the preliminary plat that complies with the Tree Preservation Plan
attached as Exhibit F. Preparation of the final plat and construction drawings will be used to establish
actual tree removal.
In addition to the landscaping requirement so the DDC, the following regulations shall apply along with
those listed is Section 7 below:
1. Street Trees
Street trees will be planted with a spacing of one tree per thirty -feet (30'). These trees will be the
responsibility of the homebuilder at time of home construction. Street trees shall be constructed
within the parkway, four -feet (4') off of the back -of -curb. The trees will be a minimum of three
caliper inches, measured 12 inches off of the root ball. The species will be selected according to
the approved street tree list as shown on the Parkway Tree List as provided as Exhibit N.
2. Front Yard Landscaping Minimum Requirements
Trees One 2 inch caliper tree measured 12 inches from the ground.
Medium Shrubs 12 three- to five -gallon shrubs.
Border plants 10 one -gallon perennial plants.
Lawn Sod is required. Ground cover is permitted up to 30 percent.
Gravel is not permitted. Lawns must have a minimum of 30%
pervious coverage.
3. Corner Lot Landscaping Requirements
In addition to the minimum front yard requirements, corner lots shall comply with the following:
Ornamental trees Two 1% inch Crepe Myrtle, Red Bud, Mexican Plum, Desert
Willow, etc. (in addition to parkway trees).
PD Amendment 4
695
Evergreen landscaping All side yard foundations visible from the street on corner lots
Wood fencing
must be screened.
Fencing All wrought iron style fences on corner lots must be accompanied
by an evergreen hedge or other evergreen landscape that will
mature to a minimum height of six feet.
SECTION 6: Building Design Regulations.
Building Design shall be per the DDC, Subchapter 7: Development Standards.
1. Sidewalks
A minimum four -foot wide all-weather walkway shall be constructed from the front porch to
either the driveway or the sidewalk in the parkway.
2. Fencing
There are several fencing types based on location and adjacent land use within the development.
Below are the fence requirements for lots, development perimeter fencing is described in section
8.3. For lots adjacent to the development perimeter, open space, and/or neighborhood
entrances, fencing shall be consistent with Exhibit M. The following table applies to the fencing
requirements for all other lots:
Corner lots Corner lots that side up against a street shall have wood fencing
consistent with the requirements listed below.
Wood fencing Wood fencing is required between homes, along the side yard lot
lines and rear yard lot lines. The wood fence must be a minimum
of six-foot (6') and a maximum of eight -foot (8') tall Cedar or
Spruce on galvanized metal poles. The side without poles must
face out when adjacent to vacant lots or visible from the ROW.
Fencing may not be placed within ten -feet (10') of the front
elevation of the house.
SECTION 7: Amenities.
The following community amenities are being provided for in the development. The Sagebrook
development is directly adjacent to the City's Southwest Park.
1. Open Space adjacent to Brush Creek.
An approximately 666,468 square feet (15.30 acres) in area of land adjacent to Brush Creek on
the southern edge of the property is to be dedicated to the City. The Parks Department is
interested in the land to expand and extend the master plan trail system for the area.
PD Amendment 5
696
2. HOA Areas.
Interior to the development is a primary open space devoted to the community's amenity center
and generally located at the southeast corner of the site providing for a visual impact from US 377
and Brush Creek Road. A smaller open space area is located on the northeast corner of the
property. The open spaces can be seen on the Conceptual Landscape Plan as provided as Exhibit
E. All of the open spaces and HOA lots will be landscaped and maintained by the HOA and consists
of approximately 12 acres of land, including the landscape buffers.
The first and primary open space is located and intended as a primary focal point of the
community near the entrance to the community. This primary area will be devoted to recreation
including an amenity center with pool and changing room cabana, walking trails, landscaping
improvements and may also include shade structures, playground type facilities consisting of
basketball/play courts, playground type equipment or a combination thereof. The existing pond
located within this open space area will be improved by adding a fountain for aesthetics and
aeration to provide an additional amenity to the community. This area will be connected to Allred
Road and the proposed Southwest Park by a boulevard roadway that will contain a 10' hike/bike
trail.
A second open space is provided near the northeast corner of the property. This area will include
an improved retention pond enhanced with landscaping and a perimeter sidewalk with benches.
Internal sidewalks and the proposed 10' trail will provide connectivity throughout the community.
The north, south and east perimeter of the development will include landscape buffering adjacent
to the boundary streets and railroad. The landscaping for these areas are reflected in Exhibit E,
the corresponding fencing and wall treatment is indicated on Exhibit M. The trees in this area will
be spaced every 30 linear feet. The trees in the area between the railroad and Sage Trail along
Brush Creek may be grouped within the adjacent HOA x -lot. The primary community entrances
will include medians, subdivision monument signs and enhanced landscaping as indicated in
Exhibit H. Special treatment and location of enhanced plantings will be provided within the linear
park to provide a pleasant experience for pedestrians and to ensure that there is adequate
visibility at the road crossings.
SECTION 8: Development Standards.
1. Street Standards
The development will be comprised of local Residential Streets that are a maximum of thirty-one
feet wide (31' back to back) and constructed in a maximum fifty foot right-of-way (50' ROW).
2. Sidewalk Standards
A five-foot (5') wide concrete sidewalk along both sides of the street will be standard throughout
the Sagebrook development. Pedestrian pathways associated with the Open Spaces will be a
minimum of five -feet (5') wide and will be constructed either of concrete, crushed granite, or
other suitable surface. A ten -foot (10') wide hike/bike trail section will be constructed in the
PD Amendment
697
center median of the north -south boulevard. Enhanced crosswalks and signage will be provided
for the hike/bike trail.
Exterior to the site a sidewalk will be constructed along the north side of Brush Creek Road and
no sidewalk will be constructed along Bonnie Brae Road or Allred Road by the Developer.
3. Perimeter Fencing
Perimeter fencing will be provided along all sides of the development that abuts an existing right-
of-way or the railroad tracks. The perimeter fencing will be maintained by the HOA. The fencing
along the roadways will be a combination of masonry, tubular steel, or board on board as shown
on the Site Fencing Exhibit as provided and reflected in Exhibit M.
Perimeter fence along Masonry wall along lots that back up to the roadway and tubular
Brush Creek. steel along lots that back to open space, with a height of six -feet
6').
Perimeter fence along Solid wooden fence, board -on -board, with a height of six -feet
Allred, Bonnie Brae, & 6'). Masonry columns will be placed at the interaction of the
railroad. perimeter fence and property lines along the Allred frontage.
Adjacent to open Tubular steel fence, with a height of six -feet (6').
space areas.
4. Lot Grading
Mass grading (benching) of lots will occur within the proposed phases of the development. Four
phases are anticipated as shown on the Development Plan. No grading is anticipated within the
x -lot south of the Brush Creek extension right-of-way dedication.
SECTION 9: Existing on-site gas well.
The abandoned gas well has been plugged in accordance with all applicable local, state and federal law.
The location is within a lot that will be dedicated to the HOA.
SECTION 10: Development Schedule.
The proposed development is projected to be built in four phases as shown on Exhibits C and D. Phase 1
projected to begin in 2020 and built out by 2029. Two lanes of Brush Creek Road are to be constructed
along with the phases as shown on Exhibits C and D. The off-site sewer extension will be completed with
Phase 1, and all other public infrastructure will be constructed as required by phase. Park land and trail
dedications as well as coordination of the railroad crossing and signal participation at Brush Creek and
Highway 377 will be determined during the platting process.
PD Amendment
698
AO A
O Oto
m CITY OF DENTON, TEXAS n
o u CALLED 196.467 ACRES m
m DOC. NO. 2008-123172 z
O. R. D. C. T.
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359.14' 557.0' _
OWND DEVELOP ER
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ZENA LAND DEVELOPMENT LP
TWO LANES OF BRUSH CREEK 218WEST WAL STREET
GRAPEVNE, TEXASPROVEEN _ _ /
Ph. (8171 873-0520
contact Roo Banat -
NOTE*
1. Discharge from any detention pond outfall or storm drain outfall may require an offsite drainage
easement to accommodate the flow. If an offsite drainage easement is required, a study shall be made of
the off-site property to determine the size of the drainage easement to accommodate the flow.
2. Acceptance of the drainage features identified on the Planned Development Exhibits and Plans are
subject to change during the platting process and do not constitute subsequent approval of same. The
City reserves the right to require additional data or studies to ensure compliance with City of Denton
Subdivision and Land Regulations, Drainage Criteria and Comprehensive Master Drainage Plan.
3. Deviations from the City of Denton's Transportation Criteria Manual for standard street and sidewalk
sections are proposed within this plan. Street and sidewalk sections identified within this planned
development (PD) are subject to approval at platting.
4. The Sagebrook development shall dedicate the right-of-way for the Brush Creek extension with each
phase of development as described in the approved PD, and as such, the right-of-way dedication shown
hereon shall only apply to the Sagebrook property and shall not be interpreted or otherwise implied as
right-of-way dedication of any part of the adjacent properties.
OPOSE
LSUFF
V
Q
B6,
m
Q
v)
100 0 100 200 300 Feel
SCALE :1 •'=100'
Lo[Requirements
W
Total
Units
W
of Total
Area
I
Min. Lot Min. Lot Building Setbacks
VV
LLJ
QPQS
Q
Area Width Pads (F/S/R)
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32.6' OPOSE
LSUFF
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100 0 100 200 300 Feel
SCALE :1 •'=100'
Vicinity Map 1'.1000' EXHIBIT C
Concept Plan
SAGEBROOK
Denton, Texas
NAJUNE2020
McADAMS
Lo[Requirements Unit
Quantity
Total
Units Acres
of Total
Area
Min. Lot Min. Lot Building Setbacks
Area Width Pads (F/S/R)
A 39 8.0% 6,000 SO 3,200 20/5/10
B 6,000 SO 3,200 20/S/10 22 4.5%
C 6,000 50 3,200 20/5/10 26 5.3%
0 6,000 50 3,200 20/5/10 25 5.1%
E 6,000 50 3,200 20/5/10 24 4.9%
F 6,000 50 3,200 20/5/10 21 4.3%
G 6,000 50 3,200 20/5/10 18 3.7%
H 6,000 50 3,200 20/S/10 22 4.5%
6,000 50 3,200 20/5/10 21 5.5% 102.47 71.6%
1 6,000 SO 3,200 20/5/10 91 18.6%
K 6,000 50 3,200 20/5/10 18 3.7%
L 6,000 50 3,200 20/5/10 37 7.6%
M 6,000 50 3,200 20/5/10 31 6.3%
N 6,000 50 3,200 20/5/10 25 5.1%
0 6,000 50 3,200 20/5/10 21 4.3%
P 6,000 50 3,200 20/5/10 17 3.5%
Q 6,000 50 3,200 20/5/10 26 5.3%
TOTAL: 490
Phase 151
Phase 11 135
Phase 111 100
Phase IV 104
Open Space Dedicated N/A N/A N/A N/A 2.51 1.8%
Open Space in HOA N/A N/A N/A N/A 12.96 9.1%
Floodplain N/A N/A N/A N/A 12.79 8.9%
Perimeter ROW N/A N/A N/A N/A 12.45 8.7%
Vicinity Map 1'.1000' EXHIBIT C
Concept Plan
SAGEBROOK
Denton, Texas
NAJUNE2020
McADAMS
699
PETRUS INVESTMENT, L.P.
TRACT 11- CALLED 917.60 ACRES
VOL. 4246, PG. 574
R_P_RJXC-T _
I
Lot Requirements Unit of Total
L31 CI L)
Quantity
I
Min. Lot Min. Lot Building Setbacks
Q y. 5
Area Width Pads (F/S/R)
VA
A 39 8.0% 6,000 50 3,200 20/5/10
B 6,000 50 3,200 20/5/10
I
4.5%
C 6,000 50 3,200 20/5/10 26 5.3%
I
D
1 1
E 6,000 50 3,200 20/5/10 24 4.9%
F
O
4.3%
G
CL; 31' 50' R W
18 3.7%
Ir
H 6,000 50 3,200 20/5/10 22
1 6,000 50 3,200 20/5/10 27 5.5%
1
1 6,000 50 3,200 20/5/10 91 18.6%
DOMINGUEZAND \\\
I
MICHAEL JOHN BARBER
P E III IANGELA
L 6,000 50 3,200 20/5/10 37 7.6%
M 6,000 50 3,200 20/5/10 31
CALLED 34.937 ACRES
VOL. 4357, PG. 240 Bl ck E
N 6,000 50 3,200 20/5/10 25 5.1%
R.P.R.D.C.T.
21 4.3%
P 6,000 50 3,200 20/5/10 17 3.5%
O 6,000 50 3,200 20/5/10 26 5.3%
TOTAL: 490
1
Phase 151
1
135
Phase 111 100
S2
TO BE OWNE"Y '
104
69
N/A N/A N/A N/A 2.51
ANGELA DO, INGUEZ AND
Open Space in HOA N/A N/A N/A N/A 12.96 9.1%
MICHAEL JOHN BARER
12.79 8.9%
Perimeter ROW N/A N/A N/A N/A
a
12.45 8.7%
490
2F Fo sBR tX27
Cot
X
s
APPROXIMATE LIMITS OF
100 YEAR FLOODPLAIN
PER FEMA MAP TWO LAi s
IMPROVEMENTS -
10tUll 0 1002 300 Feet
SY LP ,
SCALE-1-100'TO BE DEDICATED FOR FUTURE TRAILS
15'
Nshgp
q/ S PROPOSED DRAINAGE
FLOOD PLAIN EASEMENT
AND V
OWND
IDEVEELOPER
ZE 21 LAND
WALL STREET
LP
218 WEST WALL STREET
GRAPEVINE, TEAS
NOTE*
1. Discharge from any detention pond outfall or storm drain outfall may require an offsite drainage easement to
accommodate the flow. If an offsite drainage easement is required, a study shall be made of the off-site property to
determine the size of the drainage easement to accommodate the flow.
2. Acceptance of the drainage features identified on the Planned Development Exhibits and Plans are subject to
change during the platting process and do not constitute subsequent approval of same. The City reserves the right
to require additional data or studies to ensure compliance with City of Denton Subdivision and Land Regulations,
Drainage Criteria and Comprehensive Master Drainage Plan.
3. Deviations from the City of Denton's Transportation Criteria Manual for standard street and sidewalk sections are
proposed within this plan. Street and sidewalk sections identified within this planned development (PD) are subject to
approval at platting.
4. The Sagebrook development shall dedicate the right-of-way for the Brush Creek extension with each phase of
development as described in the approved PD, and as such, the right-of-way dedication shown hereon shall only apply
to the Sagebrook property and shall not be interpreted or otherwise implied as right-of-way dedication of any part of
the adjacent properties.
EXHIBIT D
Concept Plan
SAGEBROOK
Denton, Texas
NAJUNE2020
J McADAMS
Lot Requirements Unit ofTotal Acres of Total
Quantity Units Area
Min. Lot Min. Lot Building Setbacks
Area Width Pads (F/S/R)
A 39 8.0% 6,000 50 3,200 20/5/10
B 6,000 50 3,200 20/5/10 22 4.5%
C 6,000 50 3,200 20/5/10 26 5.3%
D 6,000 50 3,200 20/5/10 25 5.1%
E 6,000 50 3,200 20/5/10 24 4.9%
F 6,000 50 3,200 20/5/10 21 4.3%
G 6,000 50 3,200 20/5/10 18 3.7%
H 6,000 50 3,200 20/5/10 22 4.5%
1 6,000 50 3,200 20/5/10 27 5.5% 102.47 71.6%
1 6,000 50 3,200 20/5/10 91 18.6%
K 6,000 50 3,200 20/5/10 18 3.7%
L 6,000 50 3,200 20/5/10 37 7.6%
M 6,000 50 3,200 20/5/10 31 6.3%
N 6,000 50 3,200 20/5/10 25 5.1%
O 6,000 50 3,200 20/5/10 21 4.3%
P 6,000 50 3,200 20/5/10 17 3.5%
O 6,000 50 3,200 20/5/10 26 5.3%
TOTAL: 490
Phase 151
Phase 11 135
Phase 111 100
Phase IV 104
Open Space Dedicated N/A N/A N/A N/A 2.51 1.8%
Open Space in HOA N/A N/A N/A N/A 12.96 9.1%
Floodplain N/A N/A N/A N/A 12.79 8.9%
Perimeter ROW N/A N/A N/A N/A 12.45 8.7%
490 143
EXHIBIT D
Concept Plan
SAGEBROOK
Denton, Texas
NAJUNE2020
J McADAMS
700
701
f.
4 t-'f
0.
R
4CTREES TO 8E
PRESERVED
NOTE*
Tree Preservation and Replacement Plan will be provided at the platting
and civil engineering design phase to comply with DDC Sec. 7.7.4.
EXHIBIT F
Preliminary Tree Preservation Plan
SAGEBROOK
Denton, Texas
NJUNE2020
MMS
702
OpAr
C_ M
Le
y
EXHIBIT G
Entry & Amenity Center Enlargement
zPI A EBRSG 00K
Denton, Texas
m NAJUNE2020
111W
I McADAMS
703
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EXHIBIT I
Amenity Center Perspectives
SAG E B ROC
705
F ' — ii —•
a - i M1 11:
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Corten Steel Monument Lettering
iit
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Timbered pavillion
a
Bark Mulch
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Cedar Fence Stays
Standing Seam Roof Wrought Iron Fence
Dry Creek Bed
f
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Lueders Limestone
Corten Steal
Walking Trail
L'w7; M
Chesney Brick
1 '
Stamped Stained Concrete
i IK.AINu.11rNINE! i
Hardscape Materials Palette
of SAGEBROOK
Denton, Texas w
JUNE 2020 i- NA
McADAMS
706
Canopy & Street Trees
Live Oak
Quercus virginia
Ornamental Trees
Desert Willow
Chilopsis linearis
Shrubs
Texas Sage
Leucophullum frutescens
Lacebark Elm
Ulmus parvifolia
or I.,
Texas Red Bud
Cercis canadensis var. texensis
Rosemary
Rosmarinus officinalis
Cedar Elm
Ulmus crassifolia
Chaste Tree
Vitex agnus-cactus
Dwarf Wax Myrtle
Myrica cerifera
Bald Cypress
Taxodium distichum
Possumhaw Holly
Ilex decidua
Dwarf Palmetto
Sabel minor
Red Oak
Quercus buckleyi
Roughleaf Dogwood
Cornus drummondii
EXHIBIT K
Plant Materials Palette
SAGEBROOK
Denton, Texas
NAJUNE2020111W
I McADAMS
707
Shrubs
Fr ti
4+ 7t . ~
1
f 9 '
Ntir •
x lfl
1 r+7 •1 ' % '1
Red Yucca
Hesperaloe parviflora
Grasses
II
Mexican Feather
Nasella tenuissima
Perennials
Blackfoot Daisy
Melampodium leucanthum
ter r r_.
Coral Berry
Symphoricarpos orbiculatus
V Y 77=
k
Silver Bluestem
Bothriochloa laguroides
Lindheimer's Guara
Guara lindheimeri
M1 '•
i I
AL _ .•
y
Harvard Agave
Chisos Agave
Blue Grama
Bouteloua gracilis
Coreopsis
Coreopsis lanceolate
IT
Twist -Leaf Yucca
Yucca rupicola
Little Bluestem
Schizachyrium scopariu
r•
i
3.
to
Smooth Prickly Pear
Opuntia ellisiana
Gulf Muhly
Muhlenbergia capillaris
EXHIBIT L
Plant Materials Palette
SAGEBROOK
Denton, Texas
m NAJUNE2020
111W
MMS
Flame Acanthus
Anisacanthus quadrifidus v. wrightii 708
m onmm mn nm i
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1
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709
Exhibit N
Parkway Tree List
The following trees shall be allowed as Street Trees per the regulations of the PD:
Common Name Botanical Name
Live Oak Quercus viginiana
Texas Red Oak Quercus shumardi 'Texana'
Shumard Oak Quercus shumardi
Chinquapin Oak Quercus muehienbergii
Cedar Elm Ulmus crassifolia
Lacebark Elm Ulmus parvifolia
Caddo Maple Acer barbatum 'Caddo"
Bald Cypress Taxodium distichum
710
NOTE:
1.A full tree preservation plan will be provided during the platting and civil engineer-
ing design phase to comply with DDC Sec 7.7.4.
2. Deviations from the City of Denton's Transportation Criteria Manual for stan-
dard street and sidewalk sections are proposed within this plan. Street and
sidewalk sections identified within this planned development (PD) are subject
to approval at platting.
EXHIBIT O
Sage Trail Street Section
SAGEBROOK
Denton, Texas
NAJUNE2020qNW
I McADAMS
711
IM, I TO
f
A) Intersection of North Sage Trail and Bluestem Boulevard
o MAL
r.4 FAQFWMA
5FmPC1){ grALK
P.NSCD H4TEMNCCj"
B) Intersection of North Sage Trail and Post Oak Trail
i!! VATIINbaFj
Intersection Close Up
SAGEBROOK
Denton, Texas
NAJUNE2020
111W
I McADAMS
712
215 E. MCKINNEY ■ DENTON, TEXAS ■ 76201 ■ 940.349.8451
DEVELOPMENT SERVICES DEPARTMENT
“Dedicated to Quality Service”
www.cityofdenton.com
April 22, 2021
Chase Finch
Corwin Engineering, Inc.
200 W. Belmont, Suite E
Allen, TX 75013
SUBJECT: FP20-0028, Sagebrook Addition, Phase 1
Mr. Finch,
The City of Denton’s Planning and Zoning Commission approved the Final Plat of Phase
1 of the Sagebrook Addition on April 20, 2021. Prior to the issuance of any site/building
permits or construction of any public improvements, the plat must be filed with Denton
County. City staff will file the plat for you.
One black line copy of the signed plat, filing fee, and current year tax certificates for all
pre-existing lots or tracts within the plat must be mailed by the applicant to Development
Services staff.
Approved Final Plat: Please mail the signed plat to 215 E. McKinney Street, Denton,
Texas 76201. Deliveries will not be accepted in-person because staff is currently
working remotely in response to the recent regional increase in COVID-19 cases. If you
have questions regarding delivery options, please email
planningtechnicians@cityofdenton.com.
Filing Fee: Plat filing fees are $50.25 per plat sheet. The plat filing fee may be mailed,
paid through E-TRAKiT, or paid over the phone with Development Services by calling
(940)349-8360. If you are paying with check, please make the check out to City of Denton.
Tax Certificate: The original tax certificate must be mailed along with your plat
The certificate must show a zero balance. In the event taxes are owed on the property,
they must be paid in full by the applicant prior to proceeding. Property Tax payments can
be made online by visiting https://taxweb.dentoncounty.gov/WebPay/
Also, the property owner listed on the Tax Certificate must be listed on the plat. If the
property has changed ownership, the previous year’s taxes must be already paid.
713
2
The omission of any execution package items listed above will result in staff
rejecting the execution package. Once accepted, staff will file the plat with Denton
County. You will be notified by email once the plat has been filed, including the document
file number and a copy of the filed plat with recording sticker attached
Please note, a plat must be recorded within two (2) years of its approval or it is considered
null and void, unless the Planning and Zoning Commission grants an extension for good
cause.
If you have any questions, you may contact me at 940-349-7785 or
Hayley.Zagurski@cityofdenton.com.
Sincerely,
Hayley Zagurski, AICP
Planning Administrator
714
S88^46’24"W 2911.16’
S 2 7 ^3 0 ’1 2 "W
9 5 8 .1 7 ’
N00^00’00"E 281.07’
N00^00’00"E
120.00’ S
6
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226
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4
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N89^59’21"E
113.35’
S08^06’29"E
142.30’
S00^00’40"E
104.80’
N00^00’39"W
50.00’
S59^14’55"E
50.00’
N72^49’53"E
14.22’
N90^00’00"W
99.08’
= 29^05’30"
R= 1060.00’
L= 538.21’
C= 532.45’
B= S75^27’15"E
= 31^12’20"
R= 500.00’
L= 272.32’
C= 268.97’
B= S77^39’25"E
= 08^38’01"
R= 2435.00’
L= 366.92’
C= 366.57’
B= S88^56’29"E
= 05^23’11"
R= 1565.00’
L= 147.12’
C= 147.04’
B= S87^19’04"E
= 08^05’49"
R= 740.00’
L= 104.75’
C= 104.49’
B= S04^03’34"E
= 13^16’34"
R= 440.00’
L= 101.95’
C= 101.72’
B= N07^00’03"W
= 21^23’00"
R= 770.00’
L= 287.37’
C= 285.71’
B= N02^56’49"W
= 07^53’05"
R= 1137.50’
L= 156.53’
C= 156.41’
B= N03^48’08"E
= 15^36’29"
R= 920.00’
L= 250.62’
C= 249.84’
B= N07^39’51"E
= 15^28’05"
R= 630.00’
L= 170.08’
C= 169.56’
B= N04^44’03"E
= 08^05’49"
R= 455.00’
L= 64.30’
C= 64.25’
B= S04^03’34"E
J
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10’ P.U.E.10’ P.U.E.
10’ P.U.E.
10’ P.U.E.
S90^00’00"E 368.11’
2.5’ S.E.
2.5’ S.E.
2.5’ S.E.
2.5’ S.E.
2.5’ S.E.
2.5’ S.E.
2.5’ S.E.
2.5 ’ S.E.
2.5’ S.E.
2 .5 ’ S .E .
2.5’ S.E.
2.5’ S.E.
2.5’ S.E.
2
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2.5’ S.E.
2.5’ S.E.
2.5’ S.E.
2.5’ S.E.
2.5’ S.E.
2.5’ S.E.
2.5’ S.E.
2.5’ S.E.
2.5’ S.E.
2.5’ S.E.
2
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.
2.5’ S.E.2.5’
S.E.
88.16’
93.36’
N89^59’21"E 137.56’
N89^59’21"E 313.53’
N12^41’41"E 202.31’
79.49’
S90^00’00"E 186.81’ 79.10’
N00^00’00"E
236.00’
N00^00’00"E
132.85’
S88^46’25"W 524.15’
556.99’
6 8 .4 0 ’
6 8 .3 4 ’
N 60^57’36"E 338.09’
S 2 7
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N 2 7 ^30 ’1 2 "E 3 1 1.1 6 ’
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N 60^57’
36"E 350.63’
85.20’S29^02’24"E 120.00’
S26^35’04"E
120.00’
S15^50’29"E
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S05^05’55"E
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S05^38’40"W
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69.75’
69.75’
69.75’
69 .7 5 ’
38.35’15.94’
47.25’
47.12’
47.25’
47.25’
47.25’
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43.02’ 64.56’
64.28’ 65.84’ 37.43’
62.63’ 50.00’ 50.00’
51.50’
10.91’
35.75’
63.40’
S86^10’31"E
120.00’
S80^21’11"E
"
S81^11’35"E
"
N82^26’12"E
120.00’
110.08’
50.00’
50.01’
43.40’
67.42’
69.79’
5
8
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5
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60.00’
50.16’57.60’
88.32’
44.29’
13.48’
41.23’
78.57’
23.92’
32.55’
45.73’
4.35’
55.00’
69.10’
57.92’
4.35’
S29^02’24"E 120.00’
S29^02’24"E
120.00’
S00^23’49"E 119.66’ 4.47’
62.52’
50.00’
50.00’
45.60’
4.90’
50.00’
50.00’
N60^57’36"E
38.35’10.80’
N29^02’24"W
115.00’
N29^02’24"W
115.00’
"
"
107.89’
90.63’
53.00’
53.00’
53.00’
57.80’
63.86’
53.00’
53.00’
53.00’
65
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81.36’
24.29’
N60^57’36"E 179.64’
134.99’
N86^10’31"W
127.70’
S77^18’19"E
130.00’
S77^18’19"E
130.00’
S77^18’19"E
130.21’
N88^51’46"W
141.72’
N86^10’31"W
134.23’
N86^10’31"W
133.42’
N88^40’52"E
130.00’
34.80’
42.31’
46.19’16.87’
33.14’50.00’50.00’50.00’39.29’
50.61’57.33’50.61’17.69’
54.33’
72.18’
43.93’
61.65’
19.17’
25.95’
50.00’50.00’50.00’33.14’
16.87’
74.12’
98.62’
48.53’
50.07’
21.71’
28.79’
40.79’
9.28’
50.00’
N03^38’41"E123.80’N00^00’39"W
120.07’
"
120.01’
"120.00’
"
120.04’
"
120.13’
"
120.27’
"
120.46’
"
120.30’
"
120.08’
N00^00’39"W
120.00’
42.51’
68.04’
63.35’
54.97’
51.07’
41.05’
10.27’
51.16’
51.09’
51.04’
51.01’
51.00’
51.02’
50.49’
7.95’
62.57’
62.90’
63.10’
75.80’
1 25.7 2 ’
4
4
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’
50.00’
50.51’
50.00’
50.00’
51.02’
51.00’
51.01’
51.03’
51.08’
51.15’
26.07’
25.12’
51.08’
54.97’
55.52’
117.23’ 124.50’
43.42’
50.00’
50.00’
50.00’16.84’
39.87’
63.24’53.00’38.81’53.00’
53.00’53.00’
18.23
’65.50’
65.50’
56.78’56.18’
18.70’
37.17’
13.15’
N77^18’19"W
120.00’
N77^18’19"W
"
N77^18’19"W
"
N79^13’56"W
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S73^04’13"W
122.41’
S79^59’41"W
120.00’
S86^55’08"W
"
N86^09’24"W
"
S66^08’45"W
132.77’
N87^11’21"E
136.76’
N83^41’05"E
129.65’
N80^10’50"E
126.14’
N83^09’33"E
126.88’
S81^39’47"E
123.51’
S89^15’07"E
126.28’
48.71’
46.77’
46.46’
48.73’
56.55’58.57’66.51’
88.83’
142.11’
63.27’67.18’51.18’14.47’
65.50’
40.11’
50.00’
50.00’
19.25’
36.07’
63.24’11.65’38.20’24.29’
51.00’
51.00’
38.81’
14.19’
45.60’
141.04’
105.00’
105.68’ 55.00’
47.30’
50.00’
32.96’ 9.30’
64.11’
5.24’
153.31’
46.61’
S76^59’47"W
165.31’
N89^59’21"E
151.82’
"
140.41’
"
132.82’
"
127.66’
"
123.12’
"
122.97’
"
125.60’
"
131.13’
N89^59’21"E
138.60’
125.23’
5.20’ 54.80’ 30.10’
14.96’
51.05’
48.32’
3.00’
51.51’51.51’36.27’
15.21’49.09’
2.01’
51.00’ 51.00’ 62.00’ 47.24’
22.74’
29.53’51.58’
51.08’
51.08’
22.14’
29.37’0.25’51.95’
51.97’
22.63’
29.30’
88.62’
N89^59’21"E 137.49’
N89^59’21"E 157.73’
105.00’ 60.21’
41.74’
10.31’
51.95’
51.40’
51.09’
51.01’
51.16’
20.45’
30.93’51.19’
62.05’
S89^59’21"W
120.27’
"
120.79’
"
120.62’
"
120.09’
"
120.03’
"
121.29’
"
120.42’
S89^59’21"W
121.71’
"
122.66’
45.40’
13.00’
39.22’
51.71’
51.30’
51.07’
51.09’
51.12’
36.74’
14.63’
51.24’
47.06’
S86^16’27"E
131.75’
S83^27’31"E
124.28’
S80^38’35"E
119.63’
S77^49’39"E
119.02’
70.02’
L4
L5N00^00’39"W
66.81’
N00^00’39"W
57.65’
54.96’ 22.30’ N00^00’39"W
72.96’ 15.20’ N00^00’39"W
67.52’
45.24’ 51.65’ L6
L7
19.62’
21.61’
L 6
L7
L 8
L9
49.61’
67.40’
345.97’
N12^23’15"W
74.59’
74.59’
78.74’
107.97’
190.87’
79.35’
L 10
L11
L12L13
19.15’
L14
L15 L16
L17
L18
L19
19.17’ 201.83’
156.61’
32.96’ 294.18’
218.11’
97.80’
152.14’
11.65’
L20
L21
L20
L21
L20
L20
L21
116.01’
92.85’ 24.53’L22
L23
L24
9.53’
L25 L26
L27
L28
S11^32’8"E
L31
L30
L29
S90^00’00"W
L32
L33
L32
L36
L38
L37
N03^49’29"E
94.19’
L41
L 40
L39
L42
L43 57.50’14.75’
C6C7
C8
C9
C10
C11
C12
C13
C14
C15
C16
C17C18
C19
C20
C21
C22
C23
C24
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C26
C27
C28
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C30
C31
C32
C33
C 3 7
C
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C39
C40
C41
C42
C43
C44
1 .0 5 ’
C45
C46
C47
12.91’
L44
L 45
L
46
33.02’
47.60’46.99’
26.81’
53.76’50.12’
17.65’
359.14’
5 0 .0 0 ’
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406.57’
343.30’
50.91’
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0
.0
0’
S62
^
2
9
’4
8
"E
1
2
0.0
0
’
S
6
2
^2
9
’4
8
"E
1
2
0
.00
’
S
6
2
^
2
9’
4
8"
E
1
20
.0
0’
S 27 ^30 ’1 2"W
1 14 .00 ’
S 2 7 ^3 0 ’1 2"W
1 14 .00 ’
S 27 ^30 ’1 2 "W
1 14.0 0’
S77^18’19"E
130.00’
S77^18’19"E
130.00’
50.00’50.00’50.00’
50
.00’S29^02’24"E
120.00’
L34
116.00’ L48
119.65’
5
3
.0
0
’
5
3
.0
0
’
50.09’
14.71’
S3^49’29"W
73.45’
51.00’
51.00’
51.00’
S
6
2
^2
9
’4
8
"E
1
2
0
.0
0
’
6
2
.0
0
’
5
3
.0
0
’
5
3
.0
0
’
50.00’
50.00’
50.00’
50.00’
50.00’
45.0
0’
5.2
3
’
5
4
.00
’
N12^32’58"W
132.22’
N05^45’39"W
121.72’
N01^01’40"E
119.06’
N07^48’59"E
124.05’
N14^36’18"E
125.82’
N2 1^23 ’37"E
115 .0 2’
S 27 ^30 ’1 2"W
1 12 .00 ’
S 2 7^3 0’12 "W
1 1 2 .0 0 ’
S 2 7 ^3 0 ’1 2"W
1 12 .00 ’
5
3
.0
0
’5
3
.00
’
5
3
.0
0
’
5
3
.0
0
’
S3^22’20"W
137.32’
S11^58’18"W
130.61’
S20 ^16’43"W
1 16.27’
S00^00’00"E
136.18’
S00^00’00"E
137.14’
S29^02’24"E
120.00’
S29^02’24"E
120.00’
S29^02’24"E
120.00’
50.00’
50.00’
50.00’
50
.00’S27^49’08"E
119.98’
S22^21’43"E
119.92’
S16^54’19"E
119.85’
S11^26’55"E
119.78’
S05^59’31"E
119.72’
50.00’
50.00’
50.00’
38.81’
11.19’
61.40’
61.41’
61.42’
61.42’
14.47’
38.09’
63.88’
59.89’
12.48’
37.57’50.00’
50.00’
50.00’
50.01’
10.67’
51.26’
62.26’
56.56’
6.00’
63.28’
65.18’
50.00’
22.36’
29.78’
50.00’
50.00’
S75^43’38"W
151.70’
S81^12’36"W
138.65’
S86^41’34"W
131.98’
N87^49’28"W
128.82’
N82^20’29"W
125.50’
N76^51’31"W
122.17’
N76^51’31"W
122.07’
N88^54’22"W
124.38’
N81^19’15"W
126.22’
N4^23’25"E
59.82’
10’ P.U.E. 10’ P.U.E.
10’ P.U.E.
10’ P.U.E. 10’ P.U.E. 10’ P.U.E.
10’ P.U.E.
10’ P.U.E.
10’ P.U.E.
10’ P.U.E.
10’ P.U.E.
10 ’ P .U .E .
10’ P.U.E.
1 0’ P .U .E .
10’ P .U .E .
10’ P.U.E.
N09^12’27"E
129.46’
N14^46’13"E
133.37’
N20 ^19’59 "E
135.47’
N00^00’39"W
121.00’N00^00’39"W 121.00’N00^00’39"W
121.00’
N89^59’21"E
4.99’
N89^59’21"E 358.62’
N89^59’21"E
20.23’
S00^00’39"E
156.00’N00^00’39"W
156.00’
141.05’
147.55’
50.00’
50.00’
50.00’
50.00’ 50.00’ 50.00’
121.00’121.00’
32.32’
56.56’
17.65’
L1
L3
L2
51.00’ S89^59’21"W
120.00’
9.52’ 42.51’107.57’
S59^2
9
’52"E
1
20.00
’
S62^29’48"E
110.00’
5 1 .8 8’
5 9.90 ’
1
1
0.0
0
’64 .8 7 ’
4 9 .6 2 ’
S6
0^3
4
’2
1
"E
12
0
.0
0
’
N90^00’00"W
48.73’
N00^00’00"E 151.00’ S00^00’00"E
131.00’
131.00’
50.00’
10’ P.U.E.
10’ P.U.E. 10’ P.U.E.
1 0 ’ P.U .E.
1
0’ P.U
.E
.
= 02^28’49"
R= 2645.00’
L= 114.50’
C= 114.49’
B= S29^15’44"W
F
A J
2.5’ S.E.
2.5’ S.E.
2.5’ S.E.
10’ P.U.E.
2
.5’ S.E.
N
L49
L47
L 48
L6
L19
= 00^14’26"
R= 2765.00’
L= 12.01’
C= 12.01’
B= S30^37’36"W
5 0 .0 0 ’
S
62
^
2
9
’4
8"
E
"
C5
50.00’
50.00’
121.00’131.00’
50.00’
50.00’ 50.00’
L50
L51
L51
1
2
3
4
5
6
7
8
9
10
1
2
3
4
5
6
7
8
9
10
11
1 2
3
4
5
6
7
8
9
10
11
12
1
2
3
4
5
6
7
8
9
10
1 2 3 4 5
6 7 8 9 10 11 12
13
14
15
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21 1
2
3
4
5
6
7
9
10
11
12
13
14
15
16
17
1
2
3
4
5
6
7
8 9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
11
12
1
2
2
3
2 85
3
84
13
15
16
17 18
19
20
21
22
23
24
25
37
5 0.00 ’
5 0 .0 0 ’
5 0.0 0 ’
S62
^
2
9
’4
8"
E
1
20
.0
0
’
5 0 .00’
5 0 .00’
5 0 .0 0’
50.00’
50.00’
83.86’
S29^02’24"E 120.00’
N17%%d29’48"W
69.11’
N17%%d29’48"W
98.93’’
S 22%%d24’53"W
1 25 .7 7’
N 27%%d49’1 4"E
1 0 3 .5 9’
36.88’34.41’
P.U.E.
1 0’ P.U.E.
N
6
2
^2
9
’4
8"
W
1
2
0
.0
0
’
N
6
2
^2
9
’4
8"
W
1
2
0.0
0
’
5 2.0 8 ’
N89%%d50’28"W
4 7 .3 3 ’
S28%%d59’56"E
77.25’
N6
2%
%
d
29’2
7"W
6
7
.3
7
’
6 6 .8 9 ’
38.90’
2 3 3 .6 4 ’
N14%%d51’34"W
49.52’
S63%%d45’33"E
17.83’
S17%%d20’17"E
5.74’
1 4 7.0 8 ’
C34
C 35
C36
C49
L35
L52
L
5
3
N00^00’00"E 8
L54
L55
L56
CORWIN ENGINEERING, INC.
PREPARED BY
200 W. BELMONT, SUITE E
ALLEN, TEXAS 75013
972-396-1200
OUT OF THE
IN THE
DENTON COUNTY, TEXAS
CITY OF DENTON
0 50 100 200
SCALE: 1" = 100’
PROJECT
LOCATION
LOCATION MAP
N.T.S.
OWNER
FP20-0028
NOTES
CORWIN JOB NO. 20045
CURVE TABLE
CURVE NO. DELTA RADIUS LENGTH BEARING
CHORD
1. 09^06’39" 332.50’ 52.87’ 52.82’ N04^32’41"E
2. 08^59’11" 265.99’ 41.72’ 41.68’ N04^36’25"E
3. 09^52’40" 274.50’ 47.32’ 47.27’ S05^02’33"E
4. 09^58’14" 325.00’ 56.56’ 56.48’ S04^59’46"E
5. 00^22’04" 2525.00’ 16.21’ 16.21’ N 28^27’28"E
6. 09^06’39" 284.49’ 45.24’ 45.19’ S04^32’41"W
7. 09^06’39" 314.00’ 49.93’ 49.88’ S04^32’41"W
8. 09^58’14" 293.00’ 50.99’ 50.92’ N 04^59’46"W
9. 09^58’14" 306.50’ 53.34’ 53.27’ N 04^59’46"W
10. 12^22’36" 293.50’ 63.40’ 63.28’ N 06^11’57"W
11. 13^37’40" 301.50’ 71.71’ 71.54’ N 06^49’29"W
12. 21^23’00" 908.50’ 339.06’ 337.10’ N02^56’49"W
13. 04^22’41" 1049.00’ 80.16’ 80.14’ N10^11’55"W
14. 22^31’31" 504.00’ 198.14’ 196.87’ N 03^15’11"E
15. 14^31’33" 301.00’ 76.31’ 76.11’ N 07^15’08"E
16. 07^45’20" 999.00’ 135.22’ 135.12’ N 03^52’01"E
17. 17^16’20" 501.00’ 151.03’ 150.46’ N 08^37’31"E
18. 13^07’54" 999.00’ 228.96’ 228.46’ N 06^33’18"E
19. 24^17’22" 496.00’ 210.27’ 208.70’ N 00^58’34"E
20. 34^48’01" 504.00’ 306.12’ 301.43’ N00^08’19"W
21. 17^32’20" 301.00’ 92.14’ 91.78’ N 08^46’10"W
22. 11^10’07" 799.00’ 155.75’ 155.50’ N05^35’03"W
23. 04^23’25" 599.00’ 45.90’ 45.89’ N 02^11’43"E
24. 29^02’24" 500.00’ 253.42’ 250.72’ N 75^28’48"E
25. 24^13’49" 542.00’ 229.21’ 227.51’ N 00^34’47"E
26. 41^44’06" 397.00’ 289.18’ 282.83’ N08^10’22"W
27. 22^15’07" 242.00’ 93.99’ 93.40’ N 01^34’08"E
28. 42^49’54" 300.00’ 224.27’ 219.08’ N07^37’27"W
29. 09^58’01" 425.00’ 73.93’ 73.84’ N 08^48’30"E
30. 42^38’54" 155.00’ 115.38’ 112.73’ N07^31’57"W
LINE NO. BEARING DISTANCE
1. S 00^00’39" E 53.01’
2. N 89^59’21" E 120.00’
3. N 00^00’39" W 7.00’
4. S 00^00’39" E 19.42’
5. S 00^00’39" E 19.56’
6. S 44^59’21" W 21.21’
7. S 45^00’39" E 21.21’
8. N 43^56’44" E 20.84’
9. S 45^54’41" E 21.55’
10. S 45^28’25" W 21.39’
11. S 44^30’12" E 21.03’
12. S 44^59’50" W 21.22’
13. S 45^00’06" E 21.21’
14. N 00^00’39" W 38.36’
15. N 00^00’39" W 17.06’
16. N 45^25’18" E 21.38’
17. N 44^33’29" W 21.05’
18. N 44^59’21" E 21.21’
19. S 45^00’39" E 21.21’
20. S 45^00’00" W 21.21’
21. S 45^00’00" E 21.21’
22. N 44^30’50" W 14.23’
23. N 48^00’53" E 14.15’
24. S 40^38’32" E 29.25’
25. N 90^00’00" E 61.34’
26. S 16^15’05" W 14.07’
27. N 74^02’24" W 14.14’
28. N 29^02’24" W 59.29’
29. S 16^48’37" W 14.36’
30. N 29^02’24" W 20.25’
31. S 73^00’34" E 13.89’
32. N 17^29’48" W 14.14’
33. N 72^30’12" E 14.14’
35. S 87^29’50" W 12.66’
36. N 71^58’00" E 14.43’
37. N 48^27’10" E 14.23’
38. S 40^53’18" E 14.21’
39. N 42^51’27" W 13.64’
40. N 49^53’09" E 15.52’
41. S 39^35’48" E 12.98’
42. N 02^20’19" E 43.38’
43. N 00^00’39" W 54.13’
44. S 90^00’00" E 38.00’
45. N 31^23’17" E 47.72’
46. N 62^29’48" W 48.23’
31. 56^32’37" 397.00’ 391.79’ 376.08’ N 89^13’54"E
32. 29^02’24" 645.00’ 326.92’ 323.43’ N 75^28’48"E
33. 56^32’37" 252.00’ 248.69’ 238.72’ N 89^13’54"E
34. 119^08’43" 20.52’ 42.68’ 35.40’ N 69^22’21"W
35. 37^43’50" 33.12’ 22.44’ 22.02’ S32^44’04"W
36. 99^44’29" 60.00’ 272.54’ 91.75’ N 75^09’34"E
37. 01^06’56" 2500.00’ 48.67’ 48.67’ N 28^03’40"E
38. 03^16’10" 2790.00’ 159.21’ 159.19’ N29^06’59"E
39. 29^28’41" 490.00’ 252.10’ 249.33’ S77^14’06"E
40. 05^42’48" 2580.00’ 257.27’ 257.16’ S89^07’05"E
41. 01^44’18" 2580.00’ 78.27’ 78.27’ S85^23’32"E
42. 05^11’55" 1420.00’ 128.84’ 128.80’ S87^24’41"E
43. 05^18’41" 602.00’ 55.81’ 55.79’ N 10^02’21"E
44. 07^23’40" 602.00’ 77.69’ 77.64’ N 03^41’10"E
45. 27^48’25" 800.00’ 388.26’ 384.46’ N77^19’23"W
46. 22^04’09" 800.00’ 308.14’ 306.24’ N74^27’14"W
47. 04^30’41" 800.00’ 62.99’ 62.98’ N 87^44’39"W
2 0’ A D V A N C E M ID ST R E A M , L.P .
D O C . N O . 2 0 05-90 4 9 8
30 ’ B A R N ETT G A TH E R IN G C O M P A N Y , L L C .
D O C . N O . 2 00 4 -143 4 01
2
0
’ A
C
C
ESS
E
S
M
T
.
D
O
C
. N
O
. 2
01
7
-1
39
8
85
120’ R.O.W. DEDICATION
T E X
A S A N D P A C I F I C R A I L R O A D
U .S .3 7 7
CEDAR ELM TRAIL
A
G
A
R
I
T
A
A
V
E
N
UE
S
A
N
T
O
L
I
N
A
D
R
IV
E
BIRCH LANE
BL
UESTEM B
OULEVARD P O P L A R D R I V E
S U M A
C D R IV E
S
O
U
T
H
O
A
K
L
E
A
F
T
R
A
IL
N
O
R
T
H
O
A
K
L
E
A
F
TRAIL
ALLRED ROAD
(1 0 0 ’ R .O .W .)
B.B.B. & C.R.R. CO. SURVEY
ABSTRACT NO. 160
HENERY H. HAGGOOD SURVEY
ABSTRACT NO. 517
(50’ R.O.W .)
(5 0 ’ R .O .W .)
(5
0
’
R
.
O
.
W
.
)
(
5
0
’
R
.
O
.
W
.
)
(
50’R.
O .W .)
(50’ R.O.W.)
37’
37’
20’ POINT OF BEGINNING
ALLRED
BONNIE BRAE
U S 3 7 7
3 5 W
BRUSH CREEK
JOHNSON
JOHN PAINE
LINE TABLE
FENCE CORNER
POST FND.
(C.M.)
93.95 ACRE TRACT
DOC. NO. 2004-11388
B.B.B. & C.R.R. CO. SURVEY, ABSTRACT NO. 160
SAGEBROOK DENTON, LP.
218 WEST WALL STREET
GRAPEVINE, TEXAS 76051
SAGEBROOK DENTON, LP.
146.135 ACRE TRACT
DOC. NO. 2020-155418
SAGEBROOK DENTON, LP.
146.135 ACRE TRACT
DOC. NO. 2020-155418
ROW CL
20’
47. N 44^07’36" W 20.89’
MATCHLINE
APPROX. FLOODPLAIN
FEMA MAP NO. 48121C0370G
DATED APRIL 18, 2011
OF
FINAL PLAT
SAGEBROOK
PHASE I
48. 12^46’40" 871.00’ 194.24’ 193.84’ S77^01’24"E
25’25’
25’
2
5
’
2
5
’
2
5’25’25’
25’25’
25’
25’
25’
18.5’
18.5’
18.5’
18.5’
18.5’
18.5’
18.5’18.5’60’60’
MILLARD SMITH
WELL SITE
R.O.W.
LOT 1 BLK U OPEN SPACE
0.150 AC.
LOT 1 BLK T
OPEN SPACE
0.751 AC.
LOT 1 BLK S OPEN SPACE
0.656 AC.
LOT 1 BLK R
OPEN SPACE
0.143 AC.
12’ P.S.E.34. S 45^00’00" E 21.21’
48. N 44^00’00" E 28.28’
M
(37’ R.O.W.)
(37’ R.O.W.)
(37’ R.O.W.)
(37’ R.O.W.)
18.5’
18.5’
18.5’
18.5’ 5.5’ S.E.
13’ P.U.E.
19’ P.U.E.
SURFACE SITE EASEMENT
DOC. NO. 2004-143401
(PARTIAL RELEASE OF
EASEMENT IN PROCESS)
30
’ BA
R
N
E
T
T
G
A
T
H
E
R
IN
G
COM
PA
NY
, LL
C
.
D
O
C
. N
O
. 2
0
0
4-1
4
3
40
1
16’X16’
P.U.E.
10’ P.U.E.
5.5’ S.E.
LOT 28 BLOCK F
OPEN SPACE-0.107 AC.
LOT 1 BLOCK A
OPEN SPACE-0.083 AC.
LOT 86 BLOCK J
OPEN SPACE-0.102 AC.
49. S 47^22’15" W 14.77’
60.00’
60.00’
16’
LOT 1 BLOCK X
TO BE DEDICATED TO THE CITY
OF DENTON FOR PUBLIC PARK PURPOSES
15.258 AC.
12’ P.S.E.12’ P.S.E.
25’25’
50’X50’ P.U.E.
DOC. NO.
50’X50’
P.U.E.
50’X50’
P.U.E.
20’X50’ P.U.E.
DOC. NO.
30’X50’ P.U.E.
DOC. NO.
50’X50’ P.U.E.
DOC. NO.
50’X50’ P.U.E.
DOC. NO.
(
5 0
’R
.O .W .
)
50. S 88^12’05" E 21.49’
51. S 90^00’00" E 12.49’
10’ P.U.E.
CENTERLINE CREEK
1
10
’ R.O
.W
.
5
5
’55
’
PROPOSED 60’ R.O.W.
MIN.
FF= 631.9
M IN.
F F = 6 3 1.9
LOT 14 BLOCK J
OPEN SPACE
DRAINAGE AND DETENTION EASEMENT
9.398 AC.
LOT 1-3, BLOCK A
LOTS 1-10, BLOCK E
LOTS 1-11, BLOCK I
LOTS 1-37, 84-86, BLOCK J
LOTS 1-12, BLOCK K
LOTS 1-15, BLOCK M
LOTS 1-2, BLOCK N
LOTS 1-21, BLOCK O
LOTS 1-17, BLOCK P
LOTS 1-26, BLOCK Q
LOT 1, BLOCK R
LOT 1, BLOCK S
LOT 1, BLOCK T
LOT 1, BLOCK U
LOT 1, BLOCK X
TOTAL LOTS 165
TOTAL RESIDENTIAL LOTS 155
TOTAL OPEN SPACE 10
TOTAL ACRES 64.335 (2,802,448.56 SQ.FT)
LOT 26 BLOCK J
AMENITY CENTER
0.506 AC.
49. 82^28’23" 20.50’ 29.51’ 27.03’ S13^43’59"E
52. S 15^09’06" W 20.29’
53. N 62^29’48" W 34.96’
(40’ R.O.W.)
20’ R.O.W. DEDICATION
(PER THIS PLAT)
MARCH 2021 SCALE: 1"=100’
54. S 89^33’16" W 16.00’
55. N 00^00’00" W 16.00’
56. S 89^33’16" W 15.87’
1
0
’ P
.M
.A
.E
.
1 0 ’ P .U .E.
1
0
’ P
.M
.A
.E
.
&
P
.U
.E
.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
B
R
U
S
H
C
R
E
E
K
R
O
A
D
M
IN
. F
F
= 6
2
4.3
M
IN
. F
F
= 6
2
4.3
M
IN
. F
F
=
62
4
.3
M
IN
. F
F
=
62
4
.3
M
IN
. FF
=
6
24
.3
M
IN
. F
F
=
62
4
.3
M
IN
. F
F
=
6
24
.3
M
IN
. F
F=
6
2
4.3MIN
. F
F
= 6
2
4.3
M
IN
. F
F
=
62
4
.3
Bearings are referenced to a 147.58 acre tract, as recorded in Doc.
No. 2009-95582, in the Deed Records of Denton County, Texas.
All lot lines are radial or perpendicular to the
street unless otherwise noted by bearing.
1/2 " iron rods with "CORWIN ENGR. INC." caps set at all
boundary corners, block corners, points of curvature,
points of tangency, and angle points in public right-of-way
unless otherwise noted.
LEGEND
IRF - Iron Rod Found
C.M. - Controlling Monument
P.M.A.E. - Pond Maintenance Access Easement -
P.U.E. - Public Utility Easement -
S.E. - Sidewalk Easement -
P.S.E. - Public Sidewalk Easement -
- Boundary line
- Centerline
- Floodplain
- Block letter
Open Space Lot 1 Blk A, Lot 28 Blk F, Lots 14, 26 & 86 Blk J, Blocks R,S,T, & U are
to be dedicated to and maintained by the HOA and that Lot 1 Blk X is
dedicated to the City of Denton as a Park per PD Ordinance PD20-0001F.
The City of Denton has adopted the National Electrical Safety Code (The "CODE").
The code generally prohibits structures within 17.5 feet on either side of
the center line of overhead distribution lines and within 37.5 feet on either side
of the centerline of overhead transmission lines. In some instances the code
requires greater clearances. Building permits will not be issued for structures
within these clearance areas. Contact the building official with specific questions.
Bearings are based on the Texas State Plane Coordinate System, North Central
Zone, North American Datum of 1983.
Lots 27 and 28 Block J will not be issued building permits until such time the LOM R
is approved.
A total of 89.5" dbh of Heritage trees, 6.5" dbh of Quality trees, and 814.5" dbh of Secondary
trees are located within Lot 14 Block J and Lot 1 Block X. These trees are to be preserved
as indicated on the tree survey. Any future grading, construction, demolition or disturbance that
may impact trees shown as preserved in such a way as to cause damage is strictly prohibited.
The city reserves the right to specify a new or revised minimum finished floor
elevation at the time of issuance of a building permit if new or more accurate
information, as determined by the Floodplain Administrator, warrants the change.
This minimum finish floor elevation shall apply to the building foundation, including
basements, and electrical and mechanical equipment. Minimum lot and habitable
space for lots within the 100-year base flood, abutting the 100-year base flood, or
within 200 feet of the 100-year base flood shall be established as follows: i. For
lots adjacent to a stream without Base Flood Elevations (BFE’s) identified on the
official FEMA Flood Insurance Rate Maps, any habitable structure shall have a
finished floor elevation at least 18 inches above the 100-year base flood elevation
based on fully developed conditions. This shall apply to all rivers or streams
regardless of whether the 100-year floodplain is shown on the FEMA map. ii. For
lots adjacent to a stream with Base Flood Elevations (BFE’s) identified on the
official FEMA Flood Insurance Rate Maps any habitable structure shall have a
finished floor elevation at least 18 inches above the 100-year base flood
elevation based on fully developed conditions, or at least 30 inches above
the FEMA Base Flood Elevation.
All buildings that require a minimum finished floor elevation due to vicinity of a
FEM A floodplain requires a FEM A Elevation Certificate to be submitted to the City
for review and approval prior to issuance of Certificate of Occupancy. Sheet 31
of CEP20-0074 shows the following depiction of the fully developed conditions of
the 100-year W SE.
Lots 2 & 3 Block F are subject to minimum foundation requirements due to the
regulatory floodplain.
13. Per DCC Section 8.2.4E, approval of this final plat shall not be deemed an acceptance
of the proposed dedications and shall not impose any duty upon the city concerning
the maintenance or improvement of any such dedicated parts until the proper
authorities of the city have both given their written acceptance of the improvements
and have actually appropriated the same by entry, use, or improvements. Should
proposed dedications and roadways not be built, a secondary means of access
must be dedicated by separate instrument prior to the issuance of building permits
for these lots.
Planning Approved
04/22/21
Hayley Zagurski
FP20-0028 P&Z Approved 04/22/21
FP20-0028 P&Z Approved 04/22/21 Hayley Zagurski
715
S88^46’24"W 2911.16’
N00^00’00"E 281.07’
N00^00’00"E
120.00’
N90^00’00"W
99.08’
= 29^05’30"
R= 1060.00’
L= 538.21’
C= 532.45’
B= S75^27’15"E
= 14^38’22"
R= 1062.00’
L= 271.35’
C= 270.61’
B= S53^35’19"E
J
O
S90^00’00"E 368.11’
S60^54’3
0"E
1
6
4.83
’
S 8 9 ^ 3 8 ’ 3 0 "E 3 9 0 .7 0 ’ N00^11’09"W 597.59’79.49’
S90^00’00"E 186.81’ 79.10’
N00^00’00"E
236.00’
N00^00’00"E
132.85’
25.19’
S00^23’49"E
119.66’
4.47’
62.52’
45.60’
4.90’
50.00’
50.00’
98.62’
S73^04’13"W
122.41’
S79^59’41"W
120.00’
S66^08’45"W
132.77’
N87^11’21"E
136.76’
N83^41’05"E
129.65’
N80^10’50"E
126.14’
N83^09’33"E
126.88’
48.73’
56.55’58.57’66.51’
88.83’
142.11’
63.27’67.18’51.18’14.47’
65.50’
40.11’
50.00’
50.00’
19.25’
36.07’
11.65’
38.20’
24.29’
51.00’
45.60’
64.11’
5.24’
153.31’ 46.61’
S76^59’47"W
165.31’
45.24’
51.65’
97.80’
152.14’
11.65’
L20
L21
L20
L21
L20
L20
L21
116.01’
92.85’
24.53’
L22
L23
L24
9.53’
L25 L26
S11^32’8"E
C21
C22
C23
C24
C26
C32
C46
C47
12.91’
L44
343.30’
50.91’
N
6
3
^
52
’30
"
W
2
0
1
.08’
C48
L34
116.00’
L48
119.65’
51.00’
51.00’
S22^21’43"E
119.92’
S16^54’19"E
119.85’
S11^26’55"E
119.78’
S05^59’31"E
119.72’
50.00’
50.00’
50.00’
61.40’
61.41’
61.42’
6.00’
63.28’
65.18’
50.00’
22.36’
29.78’
50.00’
50.00’
S75^43’38"W
151.70’
S81^12’36"W
138.65’
S86^41’34"W
131.98’
N4^23’25"E
59.82’
N90^00’00"W
48.73’ N00^00’00"E
151.00’
S00^00’00"E
131.00’
131.00’
50.00’
F
131.00’
50.00’
50.00’ 50.00’
L50
L51
L51
N78^20’46"W 106.08’
S51^05’07"W 172.86’
N67^56’56"W
135.32’
N 2 1^59’2 8"E
52.2 7’
N58^10’21"E
79.54’
N10^58’20"E
69.79’
N69^13’40"W
173.47’
N38^03’35"W 215.46’
1
8
9.94
N
6
5^5
9’06
"W
189
.94
’
N33^41’24"W 112.78’
S76^49’39"W 122.15’
S50^54’22"W 144.12’
S49^19’00"W
98.02’
541.43’
482.65’428.09’169.50’8
9
10
11
1 2
3
4
5
8
9
10
11
12
13
14
15
2 3 N00^00’00"E
L54
L55
L56
CORWIN JOB NO. 20045
0 50 100 200
SCALE: 1" = 100’
CORWIN ENGINEERING, INC.
PREPARED BY
200 W. BELMONT, SUITE E
ALLEN, TEXAS 75013
972-396-1200
OUT OF THE
IN THE
DENTON COUNTY, TEXAS
CITY OF DENTON
OWNER
FP20-0028
B.B.B. & C.R.R. CO. SURVEY, ABSTRACT NO. 160
SAGEBROOK DENTON, LP.
218 WEST WALL STREET
GRAPEVINE, TEXAS 76051
MATCHLINE
SAGEBROOK DENTON, LP.
146.135 ACRE TRACT
DOC. NO. 2020-155418
B.B.B. & C.R.R. CO. SURVEY
ABSTRACT NO. 160
HENERY H. HAGGOOD SURVEY
ABSTRACT NO. 517
D E N T E X L A N D , C A T T L E A N D E N E R G Y , L P .
9 2 .3 8 2 A C .
D O C . N O . 2 0 0 5 -4 9 2 3 1
AN G LEA D OM IN G UEZ &
M ICH A EL JO H N B A RBER
34 .937 A C .
V O L . 4357, P G . 240
B.B.B. & C.R.R. CO. SURVEY
ABSTRACT NO. 160
B.B.B. & C.R.R. SURVEY
ABSTRACT NO. 159
ANGLEA DOMINGUEZ &
MICHAEL JOHN BARBER
13.64 AC.
INST. NO. 2003-208519
B.B.B. & C.R.R. CO. SURVEY
ABSTRACT NO. 160
HENERY H. HAGGOOD SURVEY
ABSTRACT NO. 517
ANGLEA DOMINGUEZ &
MICHAEL JOHN BARBER
93.95 AC.
INST. NO. 2004-11388
APPROX. FLOODPLAIN
FEMA MAP NO. 48121C0370G
DATED APRIL 18, 2011
SOUTH OAKLEAF TRAIL
NORTH OAKLEAF TRAIL
ANGLEA DOMINGUEZ &
MICHAEL JOHN BARBER
3.007 AC.
DOC. NO. 2020-155538
LOT 1 BLOCK X
TO BE DEDICATED TO THE CITY
OF DENTON FOR PUBLIC PARK PURPOSES
15.258 AC.
APPROX. FLOODPLAIN
FEMA MAP NO. 48121C0370G
DATED APRIL 18, 2011
CENTERLINE CREEK
CENTERLINE CREEK
MARCH 2021 SCALE: 1"=100’
OF
SAGEBROOK
PHASE I
LOT 1-3, BLOCK A
LOTS 1-10, BLOCK E
LOTS 1-11, BLOCK I
LOTS 1-37, 84-86, BLOCK J
LOTS 1-12, BLOCK K
LOTS 1-15, BLOCK M
LOTS 1-2, BLOCK N
LOTS 1-21, BLOCK O
LOTS 1-17, BLOCK P
LOTS 1-26, BLOCK Q
LOT 1, BLOCK R
LOT 1, BLOCK S
LOT 1, BLOCK T
LOT 1, BLOCK U
LOT 1, BLOCK X
TOTAL LOTS 165
TOTAL RESIDENTIAL LOTS 155
TOTAL OPEN SPACE 10
TOTAL ACRES 64.335 (2,802,448.56 SQ.FT)
FINAL PLAT
EASEMENT DETAIL
SCALE 1"=50’
N90^00’00"W
9.63’
N00^00’00"E
7.89’
= 11^39’06"
R= 724.76’
L= 147.39’
C= 147.13’
B= N06^05’06"W
= 08^39’06"
R= 101.00’
L= 15.25’
C= 15.24’
B= N11^56’04"E
= 20^12’46"
R= 529.41’
L= 186.77’
C= 185.80’
B= N02^29’52"W
= 16^08’23"
R= 501.50’
L= 141.27’
C= 140.80’
B= N08^11’26"E
= 06^36’00"
R= 624.98’
L= 71.99’
C= 71.95’
B= N04^01’58"E
= 08^27’05"
R= 99.00’
L= 14.60’
C= 14.59’
B= N03^06’26"E
N01^07’07"W
18.67’
S89^59’21"W
1.80’
S89^59’21"W
10.33’
S01^06’16"E
13.58’
= 08^42’09"
R= 101.00’
L= 15.34’
C= 15.33’
B= S03^14’28"W
= 07^07’53"
R= 570.72’
L= 71.04’
C= 70.99’
B= S04^01’36"W
= 16^04’23"
R= 513.50’
L= 144.05’
C= 143.58’
B= S08^09’28"W
= 08^38’04"
R= 99.00’
L= 14.92’
C= 14.91’
B= S11^52’38"W
= 19^02’49"
R= 511.50’
L= 170.04’
C= 169.26’
B= S01^57’49"E
= 12^03’07"
R= 833.35’
L= 175.29’
C= 174.97’
B= S05^57’02"E
10.61’
18.86’
11.65’
16.00’
L56
L54
L55
17.68’
17 .47’
17.69’
17.45’
N89^59’21"E
9.58’
N89^59’21"E
2.46’
= 07^47’24"
R= 607.89’
L= 82.65’
C= 82.59’
B= N12^09’02"E
= 25^26’03"
R= 513.32’
L= 227.87’
C= 226.00’
B= N00^04’28"W
= 01^21’01"
R= 5690.00’
L= 134.09’
C= 134.09’
B= N12^06’59"W
= 14^52’51"
R= 337.35’
L= 87.62’
C= 87.37’
B= N04^00’03"W
= 15^37’57"
R= 305.25’
L= 83.28’
C= 83.06’
B= S03^45’40"E
= 01^23’12"
R= 5475.89’
L= 132.52’
C= 132.52’
B= S12^18’32"E
= 28^01’12"
R= 525.32’
L= 256.90’
C= 254.35’
B= S01^00’28"W
= 06^45’33"
R= 505.00’
L= 59.62’
C= 59.59’
B= S11^38’07"W
N89^59’21"E
5.42’
S89^59’21"W
9.09’
17.36’
14.85’
= 09^46’53"
R= 302.00’
L= 51.56’
C= 51.49’
B= S05^05’11"E
= 11^58’28"
R= 286.39’
L= 59.85’
C= 59.75’
B= S04^06’44"E
= 09^46’53"
R= 314.00’
L= 53.61’
C= 53.54’
B= N05^05’10"W
= 07^05’52"
R= 286.00’
L= 35.43’
C= 35.41’
B= N06^25’42"W
N00^11’43"W
22.65’
S00^11’43"E
22.62’
N89^59’21"E
12.07’
S89^59’21"W
10.88’
N89^59’21"E
1.85’
17.68’
17.68’
10’ P.U.E.
10’ P.U.E.
12’ P.S.E.
12’ P.S.E.
12’ P.S.E.
12’ P.S.E.
12’ P.S.E.
10’ P.U.E.
10’ P.U.E.
10’ P.U.E.
10’ P.U.E.
10’ P.U.E.
10’ P.U.E.
10’ P.U.E.
2.5’ S.E.
2.5’ S.E.
2.5’ S.E.
2.5’ S.E.
2.5’ S.E.
2.5’ S.E.
2.5’ S.E.
2.5’ S.E.
2.5’ S.E.
16’X16’ P.U.E.
NORTH OAKLEAF TRAIL
SOUTH
OAKLEAF TRAIL
CEDAR ELM DRIVE
BIRCH LANE
BLUESTEM BOULEVARD
BRUSH CREE
K ROAD
Planning Approved
04/22/21
Hayley Zagurski
FP20-0028 P&Z Approved 04/22/21
FP20-0028 P&Z Approved 04/22/21 Hayley Zagurski
716
STATE OF TEXAS
COUNTY OF DENTON
BEFORE M E, the undersigned Notary Public in and for said County and State on this day personally appeared
acknowledged to me that they executed the same for the purpose and consideration therein expressed, and in the
capacity therein stated;
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF , 2021.
N otary Public in the State of Texas
M y C om m ission Expires
S S
SURVEYOR’S CERTIFICATE
KNOW ALL MEN BY THESE PRESENTS that I, WARREN L. CORWIN, do hereby certify that
I prepared this Plat and the field notes made a part thereof from an actual and accurate
survey of the land and that the corner monuments shown thereon were properly placed under my
personal supervision, in accordance with the Subdivison regulations of the City of Denton, Texas.
W A R R EN L. CO R W IN
R .P.L .S. N o. 4621
THE STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned, a Notary Public in and for the State of Texas, on this day
personally appeared W ARREN L. CORW IN, known to me to be the person and officer whose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed same for the
purpose and consideration therein expressed and in the capacity therein stated.
Given under my hand and seal of office, this day of , 2021.
N OTA RY PU BLIC, STA TE O F TEX AS
COMMISSION OF THE CITY OF DENTON, TEXAS
APPROVED THIS DAY OF A.D. 2021 BY THE PLANNING AND ZONING
PLANNING & ZONING COMMISSION CHAIRMAN
CITY SECRETARY
FP20-0028
ALLEN, TEXAS 75013
972-396-1200
CORWIN ENGINEERING, INC.
PREPARED BY
200 W. BELMONT, SUITE E
DENTON COUNTY, TEXAS
CITY OF DENTON
OUT OF THE
IN THE
B.B.B. & C.R.R. CO. SURVEY, ABSTRACT NO. 160
OWNER
SAGEBROOK DENTON, LP.
218 WEST WALL STREET
GRAPEVINE, TEXAS 76051
SAGEBROOK DENTON, LP.
BY: SBD General LLC., its general partner
BY:
Robert Betancur, Vice President
ROBERT BETANCUR, known to me to be the person whose name is subscribed to the foregoing instrument, and
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
THAT SAGEBROOK DENTON, LP., does hereby adopt this plat designating the herein described property as SAGE BROOK
PHASE I, in the City of Denton County, Texas, and do hereby dedicate to the public use forever the street rights of
way and public easements shown hereon. The utility easements as shown are reserved for garbage collections and all
public utilities desiring to use the same. No. buildings, fences, trees, shrubs, or other improvements or growths shall be
constructed or placed upon, over or across the utility easement as shown. Said utility easements being here reserved
for the mutual use and accommodation of all public utilizes desiring to use or using the same, all and any public utilities
shall have the right to remove and keep removed all or parts of any building, fences, trees, shrubs, or other improvements
or growths which may in any way endanger or interfere with the construction, maintenance, or efficiency of its respective
system on the utility easements and all public utilities shall at all times have the full right to ingress and egress to or from
and upon the said utilities easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, and
adding to or removing all or parts of its respective system without the necessity at any time of procuring the permission
of anyone.
LEGAL DESCRIPTION
W HEREAS, SAGEBROOK DENTON LP, is the owner of a tract of land situated in the B.B.B. & C.R.R. Survey, Abstract No. 160, being part of a
143.133 acre tract, as described in Doc. No. 2020-155418 in the Deed Records of Denton County, Texas, being more particularly described as
follows:
BEGINNING at a fence corner post found at the southeast corner of said 143.133 acre tract and being in the west line of Texas & Pacific
Railroad (100’ R.O.W.);
THENCE, South 88^46’24" W est, along the south line of said 143.133 acre tract, for a distance of 2911.16 feet, to a 1/2 inch iron rod
found at the southwest corner of said 143.133 acre tract;
THENCE, North 00^11’09" W est, along the west line of said 143.133 acre tract, for a distance of 597.59 feet, to a 1/2 inch iron rod set
with a yellow cap stamped "Corwin Eng. Inc.";
THENCE, South 89^38’30" East, departing said west line, for a distance of 390.70 feet, to a 1/2 inch iron rod set with a yellow cap
stamped "Corwin Eng. Inc.", on a curve to the left, having a radius of 1062.00 feet, a central angle of 14^30’22";
THENCE, along said curve to the left for an arc distance of 271.35 feet (Chord Bearing South 53^35’19" East 270.61 feet), to a 1/2
inch iron rod set with a yellow cap stamped "Corwin Eng. Inc.", at the point of tangency;
THENCE, South 60^54’30" East, for a distance of 168.83 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc.",
at the point of curvature of a curve to left, having a radius of 1060.00 feet, a central angle of 29^05’30";
THENCE, along said curve to the left for an arc distance of 538.21 feet (Chord Bearing South 75^27’15" East 532.45 feet, to a 1/2
inch iron rod set with a yellow cap stamped "Corwin Eng. Inc.", at the point of tangency;
THENCE, South 90^00’00" East, for a distance of 368.11 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc.";
THENCE, North 00^00’00" East, for a distance of 120.00 feet, to a 1/2 inch iron rod found with a yellow cap stamped "Corwin Eng. Inc.";
THENCE, South 90^00’00" East, for a distance of 99.08 feet, to a 1/2 inch iron rod found with a yellow cap stamped "Corwin Eng. Inc.";
THENCE, North 00^00’00" East, for a distance of 151.00 feet, to a 1/2 inch iron rod found with a yellow cap stamped "Corwin Eng. Inc.";
THENCE, North 90^00’00" W est, for a distance of 153.31 feet, to a 1/2 inch iron rod found with a yellow cap stamped "Corwin Eng. Inc.";
THENCE, North 00^00’00" East, for a distance of 281.07 feet, to a 1/2 inch iron rod found with a yellow cap stamped "Corwin Eng. Inc.",
at the point of curvature of a curve to the right, having a radius of 630.00 feet, a central angle of 15^28’05";
THENCE, along said curve to the right for an arc distance of 170.08 feet (Chord Bearing North 04^44’03" East 169.56 feet), to a 1/2 inch
iron rod found with a yellow cap stamped "Corwin Eng. Inc.", at the point of reverse curvature of a curve to left, having a radius of 920.00
feet, a central angle of 15^36’29";
THENCE, along said curve to the left for an arc distance of 250.62 feet (Chord Bearing North 07^39’51" East 249.84 feet), to a 1/2 inch
iron rod found with a yellow cap stamped "Corwin Eng. Inc.", at the point of reverse curvature of a curve to the right, having a radius of
1137.50 feet, a central angle of 07^53’05";
THENCE, along said curve to the right for an arc distance of 156.53 feet (Chord Bearing North 03^48’08" East 156.41 feet), to a 1/2 inch
iron rod found with a yellow cap stamped "Corwin Eng. Inc.", at the point of reverse curvature of a curve to the left, having a radius of
770.00 feet, a central angle of 21^23’00";
THENCE, along said curve to the left for an arc distance of 287.37 (Chord Bearing North 02^56’49" W est 285.71 feet), to a 1/2 inch iron
rod found with a yellow cap stamped "Corwin Eng. Inc.", at the point of reverse curvature of a curve to the right, having a radius of 440.00,
a central angle of 13^16’34";
THENCE, along said curve to the left for an arc distance of 101.95 feet (Chord Bearing North 07^00’03" W est 101.72 feet), to a 1/2 inch
iron rod found with a yellow cap stamped "Corwin Eng. Inc.", at the point of tangency;
THENCE, North 00^00’39" W est, for a distance of 50.00 feet, to a 1/2 inch iron rod found with a yellow cap stamped "Corwin Eng. Inc.";
THENCE, North 89^59’21" East, for a distance of 4.99 feet, to a 1/2 inch iron rod found with a yellow cap stamped "Corwin Eng. Inc.";
THENCE, North 00^00’39" W est, for a distance of 156.00 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc.", in
the north line of said 143.33 acre tract and being in Allred Road (Variable R.O.W .);
THENCE, North 89^29’21" East, along the north line of said 137.02 acre tract and with said Allred Road, for a distance of 358.62 feet, to
a 1/2 inch iron rod found with a yellow cap stamped "Corwin Eng. Inc.";
THENCE, South 00^00’39" East, departing said lines, for a distance of 156.00 feet, to a 1/2 inch iron rod set with a yellow cap stamped
"Corwin Eng. Inc.";
THENCE, North 89^59’21" East, for a distance of 20.23 feet, to a 1/2 inch iron rod found with a yellow cap stamped "Corwin Eng. Inc.";
THENCE, South 00^00’40" East, for a distance of 104.80 feet, to a 1/2 inch iron rod found with a yellow cap stamped "Corwin Eng. Inc.",
at the point of curvature of a curve to the left, having a radius of 740.00 feet, a central angle of 08^05’49";
THENCE, along said curve to the left for an arc distance of 104.75 feet (Chord Bearing South 04^03’34" East 104.49 feet), to a 1/2 inch
iron rod found with a yellow cap stamped "Corwin Eng. Inc.", at the point of tangency;
THENCE, South 08^06’29" East, for a distance of 142.30 feet, to a 1/2 inch iron rod found with a yellow cap stamped "Corwin Eng. Inc.",
at the point of curvature of a curve to the right, having a radius of 455.00 feet, a central angle of 08^05’49";
THENCE, along said curve to the right for an arc distance of 64.30 feet (Chord Bearing South 04^03’34" East 64.25 feet), to a 1/2 inch
iron rod found with a yellow cap stamped "Corwin Eng. Inc.", at the point of tangency;
THENCE, South 00^00’39" East, for a distance of 53.01 feet, to a 1/2 inch iron rod found with a yellow cap stamped "Corwin Eng. Inc.";
THENCE, North 89^59’21" East, for a distance of 120.00 feet, to a 1/2 inch iron rod found with a yellow cap stamped "Corwin Eng. Inc.";
THENCE, North 00^00’39" W est, for a distance of 7.00 feet, to a 1/2 inch iron rod found with a yellow cap stamped "Corwin Eng. Inc.";
THENCE, North 89^59’21" East, for a distance of 113.35 feet, to a 1/2 inch iron rod found with a yellow cap stamped "Corwin Eng. Inc.",
at the point of curvature of a curve to the right, having a radius of 1565.00, a central angle 05^23’11";
THENCE, along said curve to the right for an arc distance of 147.12 feet (Chord Bearing South 87^19’04" East 147.04 feet), to a 1/2
inch iron rod found with a yellow cap stamped "Corwin Eng. Inc.", at the point of reverse curvature of a curve to the left, having a radius
of 2435.00 feet, a central angle of 08^38’01";
THENCE, along said curve to the left for an arc distance of 366.92 feet (Chord Bearing South 88^56’29" East 366.57 feet), to a 1/2
inch iron rod found with a yellow cap stamped "Corwin Eng. Inc.", at the point of reverse curvature of a curve to the right, having a
radius of 500.00 feet, a central angle of 31^12’20";
THENCE, along said curve to the right for an arc distance of 272.32 feet (Chord Bearing South 77^39’25" East 268.97 feet), to a 1/2
inch iron rod found with a yellow cap stamped "Corwin Eng. Inc.";
THENCE, South 59^14’55" East, for a distance of 50.00 feet, to a 1/2 inch iron rod found with a yellow cap stamped "Corwin Eng. Inc.",
on a non-tangent curve to the left, having a radius of 2765.00 feet, a central angle of 00^14’26";
THENCE, along said curve to the left for an arc distance of 12.01 feet (Chord Bearing South 30^37’36" W est 12.01 feet), to a 1/2 inch
iron rod found with a yellow cap stamped "Corwin Eng. Inc.";
THENCE, South 59^29’52" East, for a distance of 120.00 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc.",
on a non-tangent curve to the left, having a radius of 2645.00 feet, a central angle of 02^28’49";
THENCE, along said curve to the left for an distance of 114.50 feet (Chord Bearing South 29^15’44" W est 114.49 feet), to a 1/2 inch
iron rod set with a yellow cap stamped "Corwin Eng. Inc.";
THENCE, South 62^29’48" East, for a distance of 110.00 feet, to a 1/2 inch iron rod found with a yellow cap stamped "Corwin Eng. Inc.";
THENCE, North 72^49’53" East, for a distance of 14.22 feet, to a 1/2 inch iron rod found with a yellow cap stamped "Corwin Eng. Inc.",
on a non-tangent curve to the right, having a radius of 2525.00 feet, a central angle of 00^22’04";
THENCE, along said curve to the right for an arc distance of 16.21 feet (Chord Bearing North 28^27’28" East 16.21 feet), to a 1/2 inch
iron rod set with a yellow cap stamped "Corwin Eng. Inc.";
THENCE, South 61^22’52" East, for a distance of 226.41 feet, to a 1/2 inch iron rod found with a yellow cap stamped "Corwin Eng. Inc.",
in the east line of said of 143.133 acre tract and said west line of Texas & Pacific Railroad;
THENCE South 27^30’12" W est, along said east and west lines, for a distance of 958.17 feet, to the POINT OF BEGINNING and containing
64.335 acres of land.
MARCH 2021 SCALE: 1"=100’
OF
FINAL PLAT
SAGEBROOK
PHASE I
LOT 1-3, BLOCK A
LOTS 1-10, BLOCK E
LOTS 1-11, BLOCK I
LOTS 1-37, 84-86, BLOCK J
LOTS 1-12, BLOCK K
LOTS 1-15, BLOCK M
LOTS 1-2, BLOCK N
LOTS 1-21, BLOCK O
LOTS 1-17, BLOCK P
LOTS 1-26, BLOCK Q
LOT 1, BLOCK R
LOT 1, BLOCK S
LOT 1, BLOCK T
LOT 1, BLOCK U
LOT 1, BLOCK X
TOTAL LOTS 165
TOTAL RESIDENTIAL LOTS 155
TOTAL OPEN SPACE 10
TOTAL ACRES 64.335 (2,802,448.56 SQ.FT)
THIS PLAT IS HEREBY ADOPTED BY THE OWNER AND APPROVED BY THE CITY OF DENTON (CALLED "CITY")
SUBJECT TO THE FOLLOWING CONDITIONS THAT SHALL BE BINDING UPON THE OWNERS, THEIR HEIRS,
GRANTEES, AND SUCCESSORS: THE PORTION OF BLOCK J, LOT 14, SHOWN ON THE PLAT, IS CALLED
"DRAINAGE AND DETENTION EASEMENT." THE DRAINAGE AND DETENTION EASEMENT WITHIN THE LIMITS
OF THIS ADDITION, SHALL REMAIN OPEN AT ALL TIMES AND WILL BE MAINTAINED IN A SAFE AND
SANITARY CONDITION BY THE HOA AND OWNERS OF THE LOT OR LOTS THAT ARE TRAVERSED BY OR ADJACENT TO
THE DRAINAGE AND DETENTION EASEMENT. THE CITY WILL NOT BE RESPONSIBLE FOR THE MAINTENANCE AND
OPERATION OF SAID EASEMENT OR FOR ANY DAMAGE TO PRIVATE PROPERTY OR PERSON THAT RESULTS
FROM CONDITIONS IN THE DRAINAGE EASEMENT, OR FOR THE CONTROL OF EROSION. NO OBSTRUCTION
TO THE NATURAL STORM SEWER RUN-OFF SHALL BE PERMITTED BY CONSTRUCTION OF ANY TYPE OF
BUILDING, FENCE OR ANY OTHER STRUCTURE WITHIN THE DRAINAGE AND DETENTION EASEMENT, AS
HEREIN ABOVE DEFINED, UNLESS APPROVED BY THE CITY. THE OWNERS AND HOA SHALL KEEP THE DRAINAGE AND
DETENTION EASEMENT CLEAR AND FREE OF DEBRIS, SILT AND ANY SUBSTANCE THAT WOULD RESULT IN
UNSANITARY CONDITIONS OR OBSTRUCT THE FLOW OF WATER AND THE CITY SHALL HAVE THE RIGHT
OF INGRESS AND EGRESS FOR THE PURPOSE OF INSPECTION AND SUPERVISION OF MAINTENANCE BY THE
HOA AND OWNERS TO ALLEVIATE ANY UNDESIRABLE CONDITIONS THAT MAY OCCUR. FURTHERMORE, THE CITY
SHALL HAVE THE RIGHT, BUT NOT THE OBLIGATION, TO ENTER UPON THE ABOVE-DESCRIBED DRAINAGE
AND DETENTION EASEMENT TO REMOVE ANY OBSTRUCTIONS TO THE FLOW OF WATER, AFTER GIVING
THE HOA AND OWNERS WRITTEN NOTICE OF SUCH OBSTRUCTION AND HOA AND OWNERS FAIL TO REMOVE
SUCH OBSTRUCTION, THE CITY OF DENTON SHALL BE REIMBURSED BY THE HOA AND OWNERS REASONABLE
COSTS FOR LABOR, MATERIALS, AND EQUIPMENT FOR EACH INSTANCE. THE NATURAL DRAINAGE THROUGH THE
DRAINAGE AND DETENTION EASEMENT IS SUBJECT TO STORM WATER OVERFLOW AND NATURAL BANK EROSION
TO AN EXTENT THAT CANNOT BE DEFINITELY DEFINED. THE CITY SHALL NOT BE HELD LIABLE FOR ANY
DAMAGES OF NATURE RESULTING FROM THE OCCURRENCE OF THESE NATURAL PHENOMENA OR RESULTING FROM
THE FAILURE OF ANY STRUCTURE OR STRUCTURES, WITHIN THE EASEMENT OR OTHERWISE.
Planning Approved
04/22/21
Hayley Zagurski
FP20-0028 P&Z Approved 04/22/21
FP20-0028 P&Z Approved 04/22/21 Hayley Zagurski
717
City of Denton Development Services
“One-Stop-Shop”
One Place Serving Denton’s Development Needs
215 W. Hickory St. Denton, TX 76201 (940) 349-8541
https://www.cityofdenton.com/en-us/
April 20, 2021
Chase Fincher, P.E.
Corwin Engineering, Inc.
200 W. Belmont Drive
Allen, Texas 75013
PROJECT: CEP20-0074 – Sagebrook, Phase 1
SUBJECT: Civil Engineering Plan (CEP) Approval Letter
The Sagebrook, Phase 1 (CEP20-0074) civil engineering plans have been reviewed and
approved by the City of Denton Department of Development Services. The approved
plans will be stamped and uploaded to the Approved Plans folder in the CEP20-0074
ProjectDox folder.
Your next milestone in the in the development review process is to gain approval of and
file the approved Final Plat associated with this development project and enter into a
Development Contract for public improvements. The Development Contract is comprised
of the following elements:
• An Exhibit “A” (example attached) that clearly indicates the estimated cost of public
improvements and matches the quantities provided in the approved plan set; and
• Three-way Development Contracts.
A checklist guiding the assembly of Development Contract documents can be viewed on
the City of Denton’s Land Development webpage.
Once the Exhibit “A” component of the Development Contract has been reviewed and
approved, we can schedule the pre-construction meeting with the city’s Public Works
Inspection division, provide next steps and fees due to work towards a notice to proceed.
I will be your Development Project Facilitator throughout this process and will serve as
your liaison with the staff Development Assistance Team.
Please feel free to contact me at 940.349.7274 or Erica.Marohnic@cityofdenton.com if
you have any questions or concerns.
Sincerely,
Erica Marohnic, AICP
Development Project Facilitator
City of Denton Development Services
718
Sagebrook
Roadway
Development
Agreement
July 27, 2021
Rebecca Diviney , P.E.
21-791
719
Development Overview
•Single family residential
development with 490 residential
lots was approved through PD20-
0001f on July 21, 2020
•Neighborhood will be developed
in four sequential construction
phases
•Final Plat FP20-0028a was
approved on April 21, 2021 for
Phase 1
21-791
720
Roadway Development Considerations
•The approved Planned Development includes several roadway development improvements including:
Extension of Brush Creek Road from US 377 to ultimately connect to Allred Road
Closure of the current Bonnie Brae Union Pacific Railroad (UPRR) crossing
Opening of a new UPRR crossing at the Brush Creek extension
•The City of Denton does not currently have funding identified for the design and construction of Brush Creek extension, including the associated railroad
crossing
The City was also unable to provide specific timing that UPRR would complete their review and approve the proposed closure of the crossing at Bonnie Brae and the new crossing at Brush Creek
•To address imminent roadway improvement and access needs for the Sagebrook development, a cross-departmental team of City staff coordinated with the developer to draft a proposed Roadway Development
Agreement
21-791
721
Proposed Roadway Development Agreement City Developer
Dedicate necessary 120-foot of right of way for Brush Creek extension
Design and construct Brush Creek extension to southern Sagebrook
entrance including UPRR crossing review and permitting and removal of
Bonnie Brae crossing
Temporary access point off of Bonnie Brae prior to occupancy of 30th
home
Completion of a traffic impact analysis related to primary access of the
development being from Allred Road due to unavailability of access from
Brush Creek Road
Construct access drive to future City of Denton Southwest Park
Reconstruct 25-foot commercial collector segment of Allred including left
turn lane into Sagebrook northern (primary) entrance
8' sidewalk on south side of Allred to western edge of development
Construction of remaining 14-foot of commercial collector segment of
Allred Road to Sagebrook northern (primary) entrance and reconstruction
of full cross-section of Allred Road from neighborhood entrance to County
limits line
Right-of-Way acquisition for western adjacent property for new lanes of
Brush Creek Road to connect to Allred west of Sagebrook development.
$980,000 Roadway Impact Fee Assessment
$417,600 Roadway Impact Fee Credit (Brush Creek ROW Dedication)*
Overview of Proposed
Roadway Development Agreement
*City to provide credit to Developer
21-791
722
Sagebrook Roadway Improvements
21-791
723
Staff recommends approval of the Roadway Development
Agreement with Sagebrook Denton, LP to ensure adequate
right-of-way dedication and roadway improvements are made
to accommodate the 490 homes and additional traffic
generated by the proposed Sagebrook development.
Staff Recommendation
21-791
724
Questions?
21-791
725
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 21-1514,Version:1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute a Park
Development Agreement between the City of Denton and Sagebrook Denton,LP,for the dedication of park
land at the Sagebrook Addition; authorizing acceptance of land; and providing an effective date.
City of Denton Printed on 7/23/2021Page 1 of 1
powered by Legistar™726
City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Parks and Recreation
DCM: David Gaines, Interim Assistant City Manager
DATE: July 27, 2021
SUBJECT
Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute a park
development agreement between the City of Denton and Sagebrook Denton, LP for the dedication of
park land at the Sagebrook Addition; authorizing acceptance of land; and providing an effective date.
BACKGROUND
Denton Sagebrook, LP is developing Sagebrook, a single-family residential development, on approximately
143 acres of land south of Allred Road. The development will consist of 490 residential lots including eight
(8) homeowner association lots. In addition, Denton Sagebrook, LP is dedicating 15.258 acres of land to
the City of Denton for a future park.
The 15.258 acre park land dedication lot is Lot 1, Block X, of the Sagebrook Phase 1 Addition, according
to the final plat as depicted on Exhibit 4. This lot is intended to be dedicated to the City to satisfy Park
Dedication and Development Ordinance 98-039. The amount of park land dedication required for this
development is 10.29 acres but Sagebrook is exceeding the required amount and dedicating 15.258 acres.
The park development fees required by Section 22-39 of the City’s Code of Ordinances for the project total
$142,590.00. In addition, the developer has agreed to build a 10’ wide trail within the median along Oakleaf
and provide Parks and Recreation an easement for public access. This trail will allow for access to the
parkland being dedicated as well as the future Southwest Park.
As Parks and Recreation is working on the Parks, Recreation and Trails System Master Plan, a number of
parks and trails are being proposed that connect neighborhoods throughout the city. These trails primarily
reside along major roadways and creeks. This property, with portions in the flood plain, will be an open
space parcel along the proposed Hickory Creek Road / Brush Creek Road Trail (Exhibit 3). Final design is
not known at this time, however, concepts could include, among other amenities, open play space, prairie
restoration, forest restoration and trails.
RECOMMENDATION
Staff recommends approval of the ordinance as this dedication aligns with the Parks, Recreation and Trails
System Master Plan and will create open space for the community.
ESTIMATED SCHEDULE OF PROJECT
It is anticipated with the execution of this agreement and all required paperwork that the City of Denton
could assume ownership of this parcel by the fall of 2021.
OPERATIONAL IMPACT
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
727
Anticipated cost to maintain this parcel is estimated at $5,000.00 for regular and annual mowing and litter
abatement. While this funding is not budgeted for FY2021-22, these projected maintenance costs will be
included in a supplemental request for FY2022-23.
FISCAL INFORMATION
• Park Dedication: The total value of the proposed property of 15.258 acres per the Denton County
Appraisal District is $153,380.28 (per acre: $10,052.45).
• Park Development Fee: $142,590.00 ($291 per dwelling unit).
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Due to timing for the agreement to be presented to City Council, the Parks, Recreation and Beautification
Board will be presented with an updated on this acquisition of park land on August 2, 2021.
EXHIBITS
Exhibit 1 – Agenda Information Sheet
Exhibit 2 – Ordinance
Exhibit 3 – Presentation
Exhibit 4 – Final Plat
Respectfully submitted:
Gary Packan, Parks and Recreation
Prepared by:
Gary Packan, Parks and Recreation
728
ORDINANCE NO.__________
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO
EXECUTE A PARK DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DENTON
AND SAGEBROOK DENTON, LP, FOR THE DEDICATION OF PARK LAND AT THE
SAGEBROOK ADDITION; AUTHORIZING ACCEPTANCE OF LAND; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Sagebrook Denton, LP (the “Developer”), owns and is currently developing
a 143.133 acre parcel of property within the City of Denton, known as Sagebrook Addition, and
requests to dedicate certain land in fulfillment of its Park Dedication requirement of Section 22-
37 of the City’s Code of Ordinances; and
WHEREAS, the Interim City Manager recommends, and the City Council deems it in the
public interest that the City enter into the Park Development Agreement attached hereto; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this Ordinance are
incorporated herein by reference.
SECTION 2. The Interim City Manager is hereby authorized to execute on behalf of the
City, the Park Development Agreement as attached hereto and incorporated by reference herein.
SECTION 3. The Interim City Manager, or her designee, is hereby authorized to receive
land and to undertake the obligations as set forth in the Park Development Agreement in
accordance with the terms of the Park Development Agreement.
SECTION 4. 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
Gerard Hudspeth, Mayor: ______ ______ ______ ______
Vicki Byrd, District 1: ______ ______ ______ ______
Brian Beck, District 2: ______ ______ ______ ______
Jesse Davis, District 3: ______ ______ ______ ______
Alison Maguire, District 4: ______ ______ ______ ______
729
Deb Armintor, At Large Place 5: ______ ______ ______ ______
Paul Meltzer, At Large Place 6: ______ ______ ______ ______
PASSED AND APPROVED this the _____ day of ___________________, 2021.
__________________________________
GERARD HUDSPETH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
BY: __________________________________
APPROVED AS TO LEGAL FORM:
CATHERINE CLIFTON, INTERIM CITY ATTORNEY
BY: __________________________________
Digitally signed by Mack
Reinwand
Date: 2021.07.23 13:39:50 -05'00'
730
731
732
733
734
735
Digitally signed by Mack
Reinwand
Date: 2021.07.23 13:40:18 -05'00'
736
737
738
739
740
741
742
743
744
745
746
747
Parkland Dedication &
Development
Sagebrook Property
Gary Packan
Parks and Recreation Director
July 27, 2021
PAC 20-035; Sept. 4, 2020 1
Exhibit 3
ID 21-1514 748
7/27/21 ID 21-1514
Sagebrook Property
•Developer
Intends to
Dedicate
•15.258 acres
of park land
•$142,590.00
($291 x 490)
•Easement for
median trail
ID 21-1514
2 749
Proposed Connectivity to Future Parks
3
7/27/21 ID 21-1514
HICKORY CREEK ROAD TRAIL
Sagebrook Development
Future Park
Proposed Hickory Creek Road Trail
Proposed Trails in Master Plan
3750
Questions?
PAC 20-035; Sept. 4, 2020
4
7/27/21 ID 21-1514 4 751
752