HomeMy WebLinkAbout2021-10 -12 Agenda and BackupCit of Denton City Hall
Y 215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
DENTON Meeting Agenda
City Council
Tuesday, October 12, 2021 2:00 PM Council Chambers
SPECIAL CALLED MEETING
WORK SESSION BEGINS AT 2:00 P.M. IN THE COUNCIL CHAMBERS
CITY COUNCIL CONSIDERATION OF THE CONSENT AGENDA, ITEMS FOR INDIVIDUAL
CONSIDERATION, AND PUBLIC HEARING WILL BEGIN IMMEDIATELY FOLLOWING
THE CLOSED MEETING IN THE COUNCIL CHAMBERS
REGISTRATION GUIDELINES FOR ADDRESSING THE CITY COUNCIL
Citizens are 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 October 8, 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
• 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.
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City Council
Meeting Agenda
October 12, 2021
After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a
Work Session on Tuesday, October 12, 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
A. ID 21-1802 Receive a report, hold a discussion, and give staff direction regarding Audit Project 006 -
Roadway Quality Management: Follow -Up Review. [Estimated Presentation/Discussion
Time: 30 minutes]
B. ID 21-2212 Receive a report, hold a discussion, and give staff direction regarding the City Manager
recruitment process. [Estimated Presentation/Discussion Time: 30 minutes]
C. ID 21-1162 Receive a report, hold a discussion, and give staff direction regarding the performance of
the tree preservation and mitigation requirements in the Denton Development Code.
[Council Priority; Estimated Presentation/Discussion Time: 90 minutes]
D. ID 21-2134 Receive a report, hold a discussion, and give staff direction regarding an update to the
City of Denton's COVID-19 response. [Council Priority; Estimated
Presentation/Discussion Time: 30 minutes]
E. ID 21-1416 Receive a report, hold a discussion, and give staff direction on pending City Council
requests for: [ Estimated Presentation/Discussion Time: 30 minutes]
(1) A work session to establish a Green Catalyst Fund.
(2) Passing a resolution to engage State delegation to oppose the currently proposed
redistricting.
(3) Passing a resolution thanking Chris Watts for his service on the DCTA Board and
remove him and John Ryan from their positions for cause.
Following the completion of the Work Session, the City Council will convene in a Closed Meeting to consider
specific item(s) when these items are listed below under the Closed Meeting section of this agenda. The City
Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent
with Chapter 551 of the Texas Government Code, as amended, or as otherwise allowed by law.
1. Closed Meeting:
A. ID 21-2269 Consultation with Attorneys under Texas Government Code Section 551.071 and
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City Council Meeting Agenda October 12, 2021
Deliberations Involving Medical or Psychiatric Records of Individuals under Texas
Government Code Chapter 551.0785.
Receive information from staff, discuss, and provide staff with direction related to a police
officer's plan benefits related to an injury in the line of duty. Consultation with the City's
attorney regarding legal issues associated with benefits where a public discussions of these
legal matters would conflict with the duty of the City's attorneys to the City of Denton and
the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of
the State Bar of Texas; to consider information in the medical or psychiatric records
related to a police officer's injury in the line of duty.
Any final action, decision, or vote on a matter deliberated in a Closed Meeting will only be taken in an Open
Meeting that is held in compliance with Texas Government Code, Chapter 551, except to the extent such final
decision, or vote is taken in the Closed Meeting in accordance with the provisions of Section 551.086 of the
Texas Government Code (the `Public Power Exception'). The City Council reserves the right to adjourn into a
Closed Meeting or Executive Session as authorized by Texas Government Code, Section 551.001, et seq.
(The Texas Open Meetings Act) on any item on its open meeting agenda or to reconvene in a continuation of
the Closed Meeting on the Closed Meeting items noted above, in accordance with the Texas Open Meetings
Act, including, without limitation Sections 551.071-551.086 of the Texas Open Meetings Act.
NOTE: Any item for which a formal action at the Special Called Meeting has been taken by Council
may be subject to a request for a motion for reconsideration at any time during the meeting, at the
Concluding Items Section, or after the meeting. In order to comply with the Texas Open Meetings
Act, a request for a motion for reconsideration made during, at the end of, or after a Council meeting
will be placed on the agenda and considered at the next official meeting of the City Council.
Following the completion of the Closed Meeting, 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 — M). 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.
A. ID 21-1887 Consider the approval of the minutes for September 14 and September 21, 2021.
B. ID 21-2259 Consider nominations/appointments to the City's Boards, Commissions, and Committees:
Committee on Persons with Disabilities.
C. ID 21-2139 Consider adoption of an ordinance of the City of Denton granting Arco National
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City Council
Meeting Agenda October 12, 2021
Construction a special permit pursuant to Section 17-20 of the City of Denton Code of
Ordinances, with respect to sound levels and hours of operation for construction of I-35
Cold Storage located at 6651 North I-35; granting a variance in the hours of operation;
and providing an effective date.
D. ID 21-2145
Consider approval of a resolution of the City of Denton abolishing the Appointee
Performance Review Committee; and providing an effective date.
E. ID 21-2012
Consider approval of a resolution nominating members to the Board of Directors of the
Denton County Appraisal District; and declaring an effective date.
F. ID 21-1833
Consider adoption of an ordinance of the City of Denton approving the Fiscal Year
2021-22 Annual Internal Audit Plan; and providing an effective date.
G. ID 21-2131
Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal
corporation, authorizing the approval of Change Order No. 2 to the contract between the
City of Denton and Archer Western Construction, LLC, to provide additional
construction services for the Hickory Creek Detention Facility project; providing for the
expenditure of funds therefor; and providing an effective date (RFP 7061 - Change Order
No. 2 in the not -to -exceed amount of $128,824.49, for a total contract award
aggregated to $14,587,635.62).
H. ID 21-2132
Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal
corporation, authorizing the City Manager to execute a contract with Whirlix Design, Inc.,
through the Buy Board Cooperative Purchasing Network, Contract # 592-19, for shade
structures, benches, and park site amenities for the Parks and Recreation Department;
providing for the expenditure of funds therefor; and providing an effective date (File 7815
- awarded to Whirlix Design, Inc., for one (1) year, with the option for five (5) additional
one (1) year extensions, in the total six (6) year not -to -exceed amount of
$2,000,000.00).
I. ID 21-2133 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal
corporation, ratifying the expenditure of funds by the City Manager, through the Buy
Board Cooperative Purchasing Network, Contract #571-18, for the emergency purchase
of one (1) Pierce Custom Enforcer Pumper for the Fire Department; and providing an
effective date (File 7825 - awarded to Siddons-Martin Emergency Group, LLC, in the
not -to -exceed amount of $797,045.00).
J. ID 21-2169 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal
corporation, authorizing the City Manager to execute a contract with Airgas USA, LLC,
for bulk shipments of liquid oxygen and medical oxygen for the Water Production and
Fire Departments; providing for the expenditure of funds therefor; and providing an
effective date (IFB-BV 7806 - awarded to Airgas USA, LLC, 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 $1,300,000.00).
K. ID 21-1757 Consider adoption of an ordinance of the City of Denton approving an agreement with the
Denton Parks Foundation to allow the Denton Parks Foundation to raise funds and
support programming for the Parks and Recreation Department; authorizing the City
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City Council Meeting Agenda October 12, 2021
Manager or designee to execute the Denton Parks Foundation agreement and carry out
the duties of the City therein; authorizing the expenditure of funding; and providing an
effective date.
L. ID 21-2056 Consider adoption of an ordinance of the City of Denton authorizing the Interim City
Manager to execute an agreement between the City of Denton and Denton Independent
School District to offer adult education and literacy classes at City of Denton Recreation
Centers; authorizing the Interim City Manager, or her designee, to perform all obligations
of the City under the agreement, including the expenditure of funding therefor; and
providing an effective date.
M. ID 21-2089 Consider approval of a resolution of the City of Denton allowing Denton County Brewing
Company to sell alcoholic beverages at the 940 Disc Golf tournament, on Saturday,
October 16, 2021, at the North Lakes Disc Golf Course, upon satisfying certain
conditions; authorizing the City Manager, to execute an agreement in conformity with this
resolution; and providing for an effective date.
2. ITEMS FOR INDIVIDUAL CONSIDERATION
A. ID 21-2027 Consider adoption of an ordinance of the City of Denton to declare the intent to
reimburse capital program expenditures of the Electric Utility ($52,904,557), Solid Waste
($2,533,367), Water ($34,491,460), Wastewater ($44,212,652), and General
Government ($66,750,452) with Tax- Preferred Obligations (Certificates of Obligation
and General Obligation Bonds) with an aggregate maximum principal amount not to
exceed $200,892,488; and providing an effective date.
B. ID 21-2035 Consider adoption of an ordinance of the City of Denton creating an Internal Audit
Advisory Committee to advise the City Council and City Auditor on audit activities and
governance; and providing an effective date.
3. PUBLIC HEARING
A. DCA21-0004 Hold a public hearing and consider adoption of an ordinance of the City of Denton,
b Denton County, Texas, regarding a proposed Code amendment to the Denton
Development Code Subchapter 5 Use Regulations, Subchapter 7 Development
Standards, and Subchapter 9 Definitions; specifically, to introduce a new use, Data
Center. (DCA21-0004b, Data Center Use, Karina Maldonado) STAFF IS
REQUESTING THIS ITEM BE WITHDRAWN FROM THE AGENDA.
4. CONCLUDING ITEMS
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City Council
Meeting Agenda
October 12, 2021
A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council
or the public with specific factual information or recitation of policy, or accept a proposal to place the
matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open
Meetings Act, provide reports about items of community interest regarding which no action will be taken,
to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules;
an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about
an upcoming event organized or sponsored by the governing body; information regarding a social,
ceremonial, or community event organized or sponsored by an entity other than the governing body that
was attended or is scheduled to be attended by a member of the governing body or an official or employee
of the municipality; or an announcement involving an imminent threat to the public health and safety of
people in the municipality that has arisen after the posting of the agenda.
B. Possible Continuation of Closed Meeting topics, above posted.
CERTIFICATE
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 October 8, 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 Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
DENTON
Legislation Text
File #: ID 21-1802, Version: 1
AGENDA CAPTION
Receive a report, hold a discussion, and give staff direction regarding Audit Project 006 - Roadway Quality
Management: Follow -Up Review. [Estimated Presentation/Discussion Time: 30 minutes]
City of Denton
Page 1 of 1
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powered by LegistarTM 7
CITY __-
OF
DENTON
City of Denton
AGENDA INFORMATION SHEET
DEPARTMENT: Internal Audit
CITY AUDITOR: Madison Rorschach
DATE:
October 12, 2021
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding Audit Project 006 Roadway
Quality Management: Follow -Up Review.
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 as required by City Ordinance 18-2028.
Per Government Auditing Standards, internal auditors should make audit reports available to the public
and should communicate those 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 follow-up review is intended to provide a progress update on recommendations from the Roadway
Quality Management Audit originally issued in October 2019. The Roadway Quality Management audit
project was intended to provide assurance on the City's ability to maintain and improve the City's
roadway network economically and efficiently, and properly record and safeguard one of the City's
largest and most valuable assets (streets) by evaluating the effectiveness of controls over the quality
assurance process of street improvements and the management and monitoring of pavement condition.
RECOMMENDATION
Staff recommends approval of the Follow -Up Review of the Utility Street Cuts Audit (August 2019).
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
On August 20, 2019 the Audit/Finance Committee received a report on the Roadway Quality Management
Audit and recommended moving this item forward for the City Council's consideration. On October 8,
2019 the Roadway Quality Management Audit was presented to the City Council. This follow-up review
was approved as part of the fiscal year 2020-21 Audit Plan adopted on October 6, 2020 and amended on
March 16, 2021.
EXHIBITS
1. Agenda Information Sheet
8
2. Follow -Up Review of the Roadway Quality Management Audit
3. Presentation
Respectfully submitted:
Madison Rorschach, 940-349-7228
City Auditor
CITY
OF
DENTON
Office of the City Auditor
Accountability • Transparency • Integrity • Quality
Audit of Roadway Quality
Management Audit
Follow -Up Review
The Streets Division has developed
and has generally implemented
processes to improve roadway
construction quality assurance.
In addition, the Division has improved
its usage of the work order system
through training and correction of
some system update errors. Finally, all
procurement concerns have been
corrected.
Audit Team
City Auditor
Madison Rorschach, CIA, CGAP
Audit Staff
Amber Jackson, MBA, CFE
215 E. McKinney St., Denton, TX 76201 (940) 349-7228
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Audit of Roadway Quality Management: Follow -Up Review October 2021
Table of Contents
Follow -Up at a Glance.................................................................................................3
Introduction...................................................................................................................4
Management Responsibility.......................................................................................4
Audit Objectives, Scope, and Methodology........................................................... 4
Recommendation Status Update................................................................................ 6
Roadway Rehabilitation Quality Cannot Always be Assured ................................ 6
Changes to Street GO Bond Administration Could Further Enhance
Transparency................................................................................................................ 7
Data Issues Impede Pavement Monitoring Effectiveness.......................................9
Potential Cost Savings May Exist in the Purchasing Process ................................. l 1
Current Management Structure Indicates Redundancy......................................12
Appendix A: Roadway Maintenance & Improvements Terminology....................14
Audit Project #: 006 Page 12
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Audit of Roadway Quality Management: Follow -Up Review October 2021
Follow -Up at a Glance
Why we did this Follow -Up:
This report is intended to provide information on what changes have been made in
response to the Audit of Roadway Quality Management issued in October 2019. The
original audit evaluated the City's ability to safeguard and improve the City's roadway
network. This follow-up review was included on the City's fiscal year 2020-21 Annual Audit
Plan as approved by the City Council.
What we Found:
The Streets Division has developed and has generally implemented processes for
approving street rehabilitation design adjustments, inspecting in-house roadway
rehabilitations, and retaining quality assurance documentation. In addition, the Division
has generally improved its usage of the work order system through training and correction
of some system update errors. Finally, all procurement and Division structure issues
identified in the original audit have been corrected. The status of each recommendation is
summarized below:
Recommendation
Mgmt. Response
Status
1. Develop standardized process for recording/approving
Concur
Implemented
street rehabilitation design adjustments.
2. Develop a record retention system for inspections &
Concur
Implemented
geotechnical reports.
3. Require Streets Field Supervisors to submit periodic
Concur
In Progress
inspection reports.
4. Consider including street connectors in bond program
Concur
Implemented
proposals in the future.
5. Develop a process to document street segments in
Concur
Implemented
each project.
6. Consider accounting for each GO bond series in a
Partially Concur
Implemented
separate fund.
7. Include up-to-date installed date info in Cartegraph.
Partially Concur
Implemented
8. Consider adjusting the amount of OCI points added for
Partially Concur
Implemented
street overlays.
9. Provide training for crew leaders entering WO info
Concur
Implemented
into Cartegraph.
10. Check for HUBS when obtaining applicable quotes.
Concur
Implemented
11. Contract for the rental of signs and barricades.
Concur
Implemented
12. Revise the Streets Operations Manager & Streets &
Concur
Implemented
Traffic Superintendent job descriptions.
Audit report translations may be requested by emailing InternalAudit@CityofDenton.com.
fiV
Audit of Roadway Quality Management: Follow -Up Review October 2021
Introduction
The Internal Audit Department is responsible for providing: (a) an independent
appraisal' 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 follow-up review of the Audit of
Roadway Quality Management issued in October 2019. 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
This report is intended to provide a progress update on recommendations from
the Audit of Roadway Quality Management (October 2019, which evaluated
the City's ability to safeguard and improve its roadway network.
Audit fieldwork was conducted during September 2021. The scope of review
varied depending on the procedure being performed. The following list
summarizes major procedures performed during this time:
y Reviewed documentation from the original audit to develop criteria
including industry standards, best practices, policies, procedures, and the
issued report;
Analyzed Streets Division work orders completed since October 2019 to
determine if they contained complete information;
1 The City of Denton's Internal Audit Department is considered structurally independent as
defined by generally accepted government auditing standard 3.56.
Audit Project #: 006
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Audit of Roadway Quality Management: Follow -Up Review October 2021
➢ Evaluated 15 rehabilitation work orders2 to determine if quality assurance
documentation was appropriately retained;
➢ Examined Streets Division purchase orders issued during fiscal year 2019-20
as well as streets bundle bid plans finalized since October 2019 and the
signs and barricades rental contract executed in June 2019;
➢ Interviewed City staff from the Finance Department, Public Works
Department, and Engineering & Capital Improvement Projects
Department; and
Reviewed select Streets Division job descriptions as well as the City's fiscal
year 2020-21 general pay plan.
2 Rehabilitation work orders include roadway reconstructions and roadway overlays; see
Appendix A for additional information on the types of roadway maintenance and
improvements performed by the Streets Division.
Audit Project #: 006
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Audit of Roadway Quality Management: Follow -Up Review October 2021
Recommendation Status Update
This report summarizes the Audit of Roadway Quality Management's
recommendations, management responses, and the Internal Audit
Department's follow-up findings, which describe to what extent City
management has implemented Internal Audit's recommendations since
publication of the original report in October 2019.
Roadway Rehabilitation Quality Cannot Always be Assured
1. Develop a standardized process for recording and approving design
adjustments to in-house street rehabilitation projects.
Management Response: Concur
Staff will implement process controls for deviation from
recommendations. This will include written documentation escalated and
signed by management to approve the deviation. SOPs (standard
operating procedures) will be created and all employees will be trained
on the process.
Audit Follow -Up Finding: Implemented
The Streets Division has developed a change order form that they intend
to use to document requests and approvals of changes to street
rehabilitation projects; however, the Division has not had an opportunity
to use this form since its creation during the summer of 2021. A standard
operating procedure was implemented in October 2021 to formalize this
change order process.
2. Develop a record retention system to store inspection reports and
geotechnical reports for each street rehabilitation project according to
the Texas State Library and Archives Commission's regulations.
Management Response: Concur
Staff will establish SOPs (standard operating procedures) for record
retention. Cartegraph, our internal work order system, can be structured
so that all pertinent documents to the specific job are stored in the
system and reports can be run to retrieve the data.
Audit Follow -Up Finding: Implemented
The Streets Division adopted a standard file folder format for their
rehabilitation projects in 2019. Based on a review of eight reconstruction
projects completed since October 2019, the file folders for five of the
projects appear to align with the adopted format. In addition, six of these
projects had appropriate subgrade testing documentation that was
retained and could be found. While two projects did not have retained
subgrade testing documentation, these projects were completed in 2019.
Audit Project #: 006
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Audit of Roadway Quality Management: Follow -Up Review October 2021
Projects completed since then generally appear to have adequately
retained subgrade testing documentation.
3. Require Streets Field Supervisors to submit periodic inspection reports as
part of the quality acceptance decision-making process for street
rehabilitation projects.
Management Response: Concur
Standardized inspection documentation will be created and
implemented. These documents will be specific to the work being
performed, (mill and overlay, micro seal, reconstruction, etc.), archived in
the Cartegraph system, and tied to the work order. SOPS (standard
operating procedures) will be created and all employees will be trained.
Audit Follow -Up Finding: In Progress
Based on discussions with staff from the Streets and Public Works
Inspections Divisions, Streets has worked with Public Work Inspections to
design an inspections process for Streets in-house rehabilitation projects.
Under this process, the Streets Division would request an inspection
through the City's construction management software. The inspection
would then be performed by Public Works Inspections staff using
standardized inspection checklists that are also used for the City's capital
improvement projects. The results of these inspections would then be
retained in the construction management software.
While this process appears to be designed effectively, Public Works
Inspections has not begun performing inspections for Streets' in-house
projects. These inspections are scheduled to begin in early fiscal year
2021-22.
Changes to Street GO Bond Administration Could Further Enhance
Transparency
4. Consider including street connectors3 in bond program proposals in the
future to better estimate costs and provide greater transparency to
residents.
Management Response: Concur
3 Street connectors are those street segments near or in between street segments with a low
overall condition index - or OCI - score that have higher OCIs that would typically indicate the
street segment does not need to be rehabilitated.
Audit Project #: 006
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Audit of Roadway Quality Management: Follow -Up Review October 2021
Staff will recommend implementing this practice to the Bond committee.
The ultimate decision is left up to the committee. Staff will follow Bond
Committee and City Council direction.
Audit Follow -Up Finding: Implemented
After completion of the original audit, the City held an election in
November 2019 for citizens to vote on the issuance of new general
obligation bonds.4 Some of this funding was intended to be used to
rehabilitate street segments with low overall condition index - or OCI -
scores.5 Once the issuance of these general obligation bonds was
approved, this set of street segments was known as the 2019 Street Bond
Program.
According to the Streets Division, they worked with the City's utilities to
identify street segments that would need to be replaced soon due to
utility work that were near low OCI segments identified as part of the 2019
Street Bond Program. The City has since awarded two solicitations for
rehabilitation of street bundles - or several street segments in the same
area - to begin completing construction on the 2019 Bond Program.
Based on review of the construction plans included in these solicitations,
both street bundles included connector street segments as identified by
the Streets Division.
5. Develop a process to consistently document the street segments
included in each project.
Management Response: Concur
Staff will restructure the intake portion of the workorder system to more
efficiently tie street segments together on larger jobs. SOPS (standard
operating procedures) will be created and all employees will be trained
in the new process.
Audit Follow -Up Finding: Implemented
The Streets Division has identified a way to link different work orders
together under one project in their work order system and are currently in
the process of completing the first project using this methodology. Once
this project is complete, they plan to formalize this process in a standard
operating procedure and use it for projects going forward.
4 General obligation bonds are a common type of municipal bond that is secured by a local
government's pledge to use legally available resources, including tax revenues, to repay bond
holders.
5 The overall condition index score is an indicator of a streets condition based on visible
pavement distresses, road roughness, and structural integrity.
Audit Project #: 006
liF
Audit of Roadway Quality Management: Follow -Up Review October 2021
6. Finance should consider accounting for each general obligation bond
series in a separate fund.
Management Response: Partially Concur
The consolidation of bond funds was implemented in 2014 to streamline
the tracking of project costs and expenses of bond proceeds. Among
other benefits, consolidation limits the number of funds necessary to
account for project construction costs. The City's Bond Counsel
approved of consolidation, and the City's annual external audits have
approved capital project expenditures related to bond related projects.
Following the approval of a new bond program, staff will consider all
options for bond fund accounting.
Audit Follow -Up Finding: Implemented
The City is currently accounting for 2012 and 2014 general obligation
bond revenues in one fund as identified in the original audit; however,
general obligation bond revenues associated with the 2019 Bond
Program are being accounted for in a separate fund. Table 1 summarizes
allocated general obligation bond program revenues for street
reconstruction.
Table 1: Summary of Street Reconstruction GO Bond Funding (Millions)
Bond Series Allocated Bond Amount Revised Project Cost Spent Amount
2012 $20.0 $22.8 $25.9
2014 $24.0 $32.8 $28.9
2019 $70.0 $70.0 $5.2
All: $114.0 $125.6 $60.0
Data Issues Impede Pavement Monitoring Effectiveness
7. Include up-to-date installed date6 information in the Cartegraph system.
Management Response: Partially Concur
Staff will work with IT to update the installed date for older infrastructure
pulling information from GIS. While the install date is important it is not
vital. With regular pavement studies the street condition is evaluated at
that time and a maintenance plan is established on the current
condition.
Audit Follow -Up Finding: Implemented
6 The install date is when the road was constructed and put into service.
Audit Project #: 006
Page 19
18
Audit of Roadway Quality Management: Follow -Up Review October 2021
As part of the City's periodic OCI update process, the Streets Division
asked the consultant to estimate the install date for all of the City's
roadways. This estimated information will be entered into the City's work
order system along with the updated OCI. Similarly, the install date for all
newly constructed street segments is recorded in the work orders system.
In addition, the Streets Division appears to have corrected an issue in the
work order system that now allows a street segment's replace date to be
updated when a reconstruction work order is completed. Based on
review of eight reconstruct projects completed since October 2019, all
had a reasonable replacement date.
8. Consider adjusting the amount of OCI points added to a street segment
for overlays.
Management Response: Partially Concur
Staff will discuss the recommendation with the Pavement survey
contractor. All performance curves and OCI adjustments are completion
of work is a base line set by pavement analysis company. This company
will be conducting another survey in the next fiscal year and will
reevaluate at that time.
Audit Follow -Up Finding: Implemented
The Streets Division has been working with a consultant to inspect all City
roadways to update each street segment's OCI. This reinspection process
generally occurs every five years to ensure that the City is effectively
monitoring the condition of its roadway network.
As part of the current reinspection process, Streets plans to discuss the
amount of OCI points added to a street segment for overlays, however, a
decision has not yet been made. While the process for updating OCI
after an overlay has not necessarily been changed, periodically
reevaluating this with the consultant adequately addresses the identified
risk.
9. Provide training for crew leaders entering work order information into the
Cartegraph system.
Management Response: Concur
Staff will create SOPS (standard operating procedures) and all employees
will be trained on the process of work order entry.
Audit Follow -Up Finding: Implemented
The original audit found that there were some consistency issues in the
information that was being entered into the Streets Division's work order
system. Specifically, there were:
Redundancy issues in the work order activity codes;
Audit Project #: 006
Page 110
19
Audit of Roadway Quality Management: Follow -Up Review October 2021
Missing construction start dates from completed work orders; and
Missing cost information from completed work orders.
According to Streets Division staff, Streets crews were trained in June 2020
on how to create and update work orders. While trainings were
temporarily halted due to the COVID-19 Pandemic, they have begun
again as of August 2021. The Division has aslo developed a list of
acceptable work order activities in an effort to reduce redundancy.?
Based on an analysis of work orders, between fiscal year 2019-20 and
fiscal year 2020-21, the percentage of work orders used by the Street
Division that were on the acceptable activities list increased from 87.5
percent to 91.2 percent, indicating that consistency has increased.
Similarly, the percentage of work orders missing start dates and cost
information has significantly decreased as shown in Table 2.
Table 2: Work Order Information Completion Comparison
FY2019-20 FY2020-21
Total Work Orders
2,049
2,911
Percent Acceptable Activity
87.5%
91.2%
Percent Missing Start Date
8.0%
0.9%
Percent Missing Cost Info
9.0%
1.8%
While the June 2020 training appears to have corrected most of the data
issues, Streets should continue to ensure that field crew staff receive
training on work order information entry completion to ensure these data
issues do not return. According to Division management, they acquired a
training program from the work order system company, which will be
used to help train administrative and field staff in the future.
Potential Cost Savings May Exist in the Purchasing Process
10. Check the Texas State Comptroller's website for related historically
underutilized businesses when obtaining quotes for purchases between
$3,000 and $50,000.
Management Response: Concur
Staff has been trained on the correct process for properly quoting jobs.
Continued education will continue as other Purchasing procedures are
updated.
7 Work orders not on the acceptable activities list are not necessarily inappropriate for Streets
crews to perform, but are similar to or part of activities on the acceptable list.
Audit Project #: 006
Page 111
20
Audit of Roadway Quality Management: Follow -Up Review October 2021
Audit Follow -Up Finding: Implemented
During fiscal year 2019-20, the Streets Division issued a total of $8.2 million
in purchase orders. About $8.1 million was covered under a contract.
The remaining $121,411 were spent as shown in Table 3.
Table 3: Non -Contracted Streets Improvement Fund Purchases
Commodity Compliant? Total Purchases
Concrete Road Construction Quotes Needed $36,428
Asphalt Yes $30,000
Guard Rails Yes $30,000
Backhoe Rental Yes $12,328
Skid Steer Loader Rental Yes $10,545
Professional Service Exempt $2,110
All: $121,411
Based on review of the available purchasing documentation, all but
one of these purchases appear to have been procured in accordance
with Texas procurement regulations.
That being said, this purchase for concrete road construction was
procured with a vendor that had a contract for similar work; however, it
was not clear if this purchase was under this contract based on the
documentation available in the City's financial system.
11. Contract for the rental of signs and barricades to mark road construction
sites.
Management Response: Concur
Contract was approved by City Council June 18th.
Audit Follow -Up Finding: Implemented
The City entered into a contract for the rental of signs and barricades in
June 2019. The City has spent $314,266 under this contract to date.
Current Management Structure Indicates Redundancy
12. Revise the Streets Operations Manager and Streets & Traffic
Superintendent job descriptions to more accurately reflect current job
responsibilities.
Management Response: Concur
Duplicate level of supervision was eliminated with the retirement of the
Streets Superintendent.
Audit Follow -Up Finding: Implemented
Audit Project #: 006 Page 1 12
21
Audit of Roadway Quality Management: Follow -Up Review October 2021
The Streets & Traffic Superintendent position has been eliminated and is
no longer on the City's pay plan. The Streets Operations Manager job
description adequately covers the responsibilities of both of the previous
positions' job descriptions.
Audit Project #: 006
Page 1l3
W11
Audit of Roadway Quality Management: Follow -Up Review October 2021
Appendix A: Roadway Maintenance & Improvements
Terminology
No matter how well constructed, a roadway will deteriorate over time due to
the effects of traffic loads and the environment. Roadway maintenance and
improvements are used to slow down or reset this deterioration process.
Generally, there are three different classifications of roadway maintenance and
improvements that are further described below. Each of these maintenance
and improvement techniques are useful at different points in the pavement's life
cycle and typically cost decreasing amounts of money from rehabilitative to
corrective to preventative techniques.
Rehabilitative improvements repair portions of an existing pavement to reset the
deterioration process. The City uses asphalt overlays and concrete panel
replacements to rehabilitate the pavement surface of a road. An overlay
involves milling away the existing pavement surface and then laying new
asphalt to repave the roadway. Similarly, a panel replacement removes the
existing concrete pavement and replaces it with a new panel.
The reconstruction of a roadway involves the stabilizing and compacting of the
naturally occurring material, called the subgrade. Additionally, a base layer,
typically made of compacted aggregate material, may be added on top of
the subgrade to further improve the structure's integrity. Finally, the pavement
surface is Iain to protect these underlying pavement layers (see Picture 1).
Picture 1: Simplified Roadway Cross Sections
Pave me nt Su rfaae
Road Base
Corrective maintenance helps to slow the rate of deterioration by repairing
localized failures of the underlying layers. Specifically, the City repairs potholes,
utility cuts, and base failures through the use of patching and level ups. Patching
and level ups involve replacing an area of the pavement surface with new
material after repairing an underlying deficiency. While patching is a
maintenance technique, it weakens the pavement's surface and cannot fully
replicate the integrity of the original road's structure. These weaknesses can only
Audit Project #: 006 Page 1 14
23
Audit of Roadway Quality Management: Follow -Up Review October 2021
be corrected through rehabilitative improvements such as milling and overlay
techniques.
Preventative maintenance and improvements help to slow the rate of
deterioration by addressing minor deficiencies on the pavement surface
caused by the passage of time. Specifically, the City utilizes crack sealing and
micro sealing techniques to prolong the useful life of a pavement. Crack sealing
is the process of individually filling cracks along the pavements surface to
prevent the entry of water, weeds, rocks, etc.; a similar technique, called joint
sealing, may be used for concrete pavements. These techniques help to
prevent the deterioration of the roads underlying layers. Micro sealing is the
process of adding a thin layer of asphalt to an existing pavement surface,
extending the useful life of that surface; this technique is also considered a
roadway improvement.
Audit Project #: 006 Page 1 15
24
:)Ilow-up R
oadway Q
Inn rinp- mto-
clew a
ality
E Aticiii
ff
i�
r
Purpose of the Follow -Up Review
• Provides a progress update
on audit recommendations.
• Audit evaluated City's
ability to safeguard &
improve its roadway
network.
• Review found significant
improvement.
�rY
OF
DENTON
AUDIT OF ROADWAY
QUALITY MANAGEMENT
Roaadw� mpruvernent resources appear to be
used equitably th reughnu t the City: hdwe�r,
Inc umentaron of roadway quaiity controls u
lacking. Thu aud¢ recommends imprnvemenn to
Fncrease assurance over roadway quality and
promd es suggestions to more efficiently provide
roadway serrires.
City Aud"ttoes OfgM
-r,"
DENTON
26
Rehabilitation Project Quality Control
Improvements Generally In Progress
• A change order process has been developed and formalized for
approving design adjustments to in-house street rehabs;
• However, the Division has not had an opportunity to use this process
since its development in the summer of 2021;
• Streets has implemented a records retention system for rehab
projects that appears to be effective;
• Streets has worked with Public Works Inspections to design a
process to inspect in-house rehabilitation processes;
• The first inspection is scheduled to begin in the next few weeks.
CE'LY
OF
DENTON
27
a
Street Rehabilitation Bond Administration Has
Improved
• Division has begun Street Rehabilitation GO Bond Funding
incorporating street connectors (Millions)
in bond program bids; Bond Allocated Revised Spent
Series Amount Project Cost Amount
• Division has developed a 2012 s20.0 s22.8 $25.9
process to link work orders 2014 s24.0 s32.8 s28.9
under one project; and 2019 $70.0 $70.0 s5.2
All: $114.0 $125.6 $60.0
• 2019 Bond Program revenues
are accounted for in a separate
fund.
ni��o :, 1
28
Work Order System Data Consistency
Enhanced
• System update issue
corrected to ensure street
replacement dates are
accurate; and
• Field crews
training has
information
consistency.
CE'LY
OF
DENTON
work order entry
improved
completion
Work Order Information
Completion Comparison
FY2019-20 FY2020-21
Total Work Orders 21049 21911
• Acceptable Activity 87.5% 91.2%
• Missing Start Date 8.0% 0.9%
• Missing Cost Info 9.0% 1.8%
a:]
Follow -Up Report Summary:
Most Recommendations Implemented
Audit Area
Recommendations
Implemented
In Progress
Not Implemented
Roadway Rehab Quality
3
67%
33%
0%
Bond Administration
3
1000
0%
0%
Data Consistency
3
100%
0%
Oho
Procurement & Division Structure
3
1000
0%
Oho
All:
12
830
17%
0%
CE'LY
6]"
DENTON
K%7
Questions?
Madison Rorschach
City Auditor
Internal Audit Department
OF
DENTON
31
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
DENTON
Legislation Text
File #: ID 21-2212, Version: 1
AGENDA CAPTION
Receive a report, hold a discussion, and give staff direction regarding the City Manager recruitment process.
[Estimated Presentation/Discussion Time: 30 minutes]
City of Denton Page 1 of 1 Printed on 10/8/2021
powered by LegistarTM 32
4v&IMIM''
DENTON
City of Denton
AGENDA INFORMATION SHEET
DEPARTMENT: Human Resources
CM/ DCM/ ACM: Sara Hensley, Interim City Manager
DATE: October 12, 2021
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding the City Manager recruitment
process.
BACKGROUND
Previous City Manager, Todd Hileman resigned on February 26, 2021. The Mayor and City Council
provided direction to fill the vacant City Attorney position first and then proceed with a City Manager
recruitment process.
The City Manager proposals will be made available to the Council at the October 12th, 2021 City Council
meeting. Staff is seeking direction on the selection of the executive search firm for a nationwide search.
EXHIBITS
Exhibit 1 — Agenda Information Sheet
Respectfully submitted:
Tiffany Thomson
Director of Human Resources
33
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
DENTON
Legislation Text
File #: ID 21-1162, Version: 1
AGENDA CAPTION
Receive a report, hold a discussion, and give staff direction regarding the performance of the tree preservation and mitigation
requirements in the Denton Development Code. [Council Priority; Estimated Presentation/Discussion Time: 90 minutes]
City of Denton Page 1 of 1 Printed on 10/8/2021
powered by LegistarTM 34
City of Denton
� City Hall
215 E. McKinney Street
DENTON Denton, Texas
www.cityofdenton.com
AGENDA INFORMATION SHEET
DEPARTMENT: Department of Development Services
ICM: Sara Hensley
DATE: October 12, 2021
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding the performance of the tree preservation
and mitigation requirements in the Denton Development Code. [Council Priority; Estimated
Presentation/DiscussionTime: 90 minutes]
BACKGROUND
As part of the February 2021 Council retreat, a request was made for an update on how the City's new tree
preservation standards are performing. The purpose of this agenda item is to provide City Council with an
update regarding the implementation of the tree preservation and mitigation standards found in Section
7.7.4 of the Denton Development Code (DDC).
The current DDC standards regarding tree preservation and mitigation were approved on March 19, 2019
following more than a year of public outreach and consideration of various drafts of the standards, which
also included updates to the landscaping and environmentally sensitive area standards. Since the standards
were adopted while the City was undergoing a comprehensive update to the DDC, the ordinance did not go
into effect until October 1, 2019 to ensure consistency with all new standards becoming effective on the
same date.
During the interim months between March 19, 2019 and October 1, 2019 development applicants were able
to choose between using the new 2019 tree code standards or the prior 2004 standards. Even after October
1, 2019 developments that had previously submitted for plat or plan review were able to continue utilizing
the 2004 tree code standards to which their project was initially designed. The result of this is that, although
it has been over 2 years since the 2019 tree code standards were adopted, to date 100% of the projects in
review with the City are not yet using the 2019 standards due to the developments being vested under prior
regulations.
Staff is currently working to develop a database for tracking tree preservation and plantings for new
developments using newly implemented project tracking software and through refocusing of certain staff
positions. This will ultimately be a joint effort between Development Services and the Parks Department
as the Parks team is in the process of acquiring new software to better monitor the City's canopy and urban
heat islands, which is called for in the Urban Forest Master Plan.
This Work Session discussion is intended to provide the Council with background information related to
the adoption of the current tree code, the preservation and mitigation standards of the current code, and
providing limited examples of how the 2019 standards performed on recent development compared to the
minimum requirements of the previous 2004 tree preservation standards.
35
EXHIBITS
1. Agenda Information Sheet
2. DDC Section 7.7.4
3. 2020 Urban Forest Master Plan
4. Presentation
Respectfully submitted:
Tina Firgens, AICP
Deputy Director of Development Services/Planning Director
Prepared by:
Hayley Zagurski, AICP
Planning Administrator
36
7.7.4 - Tree Preservation.
A. Purpose and Intent. The Comprehensive Plan identifies the importance of environmental management, while
allowing reasonable and responsible development of land within the city. Towards this end, the purpose of these
regulations is to promote the preservation and expansion of tree canopy, facilitate site design and construction
that contributes to the long term viability of existing trees, and to establish a process to manage the removal of
tree canopy. Further, this section is intended to accomplish the following public purposes:
1. Protect trees and promote the ecological, environmental, and aesthetic values of the city;
2. Maintain and enhance a positive image of the city through the preservation, mitigation, and planting of trees;
3. Prevent the untimely and indiscriminate removal or destruction of trees and clear -cutting of land;
4. Provide for a permitting and enforcement procedure;
5. Preserve the public health, safety, and general welfare of citizens;
6. Encourage the protection of healthy trees and provide for the replacement and/or replanting of trees that
are necessarily removed during construction, development, or redevelopment;
7. Provide for the preservation and protection of larger native and/or established trees, which provide a
valuable amenity to the urban environment and which, once destroyed, can only be replaced after
generations, if at all;
8. Enhance and preserve established tree stands adjacent to Environmentally Sensitive Areas in order to further
protect wildlife habitats and reduce impacts from new developments;
9. Provide for shade, windbreaks, and the cooling of air; thereby, reducing the requirements for air conditioning
and heating and the utilization of nonrenewable energy sources; and
10. Provide for open space and more efficient drainage of land; thereby, reducing the effects of soil erosion and
the need for additional drainage facilities.
B. Applicability and Exemptions.
1. Unless exempted in paragraph 2. below, the requirements of this subsection shall apply to:
a. Undeveloped land;
b. All nonresidential and multifamily property to be redevelopment including additions or alterations, but
not including interior alterations or exterior alterations that do not change the footprint of the building,
and that do not require the removal of trees; and
c. Existing single-family and duplex dwelling properties applying for a demolition permit for the principal
structure, provided that the minimum dbh for protected trees shall be 10 inches or greater.
2. The following activities shall be exempt from this subsection:
a. Agricultural operations under Tex. Agric. Code Sec. 251.002(1);
b. Property on which a single-family or duplex dwelling unit(s) exists, provided that trees designated for
preservation on an approved Tree Survey or Preservation Plan and/or an associated Plat shall be
preserved unless otherwise exempt under TLGC 212.905 or its successor;
c. Any tree determined to be diseased beyond recovery, dying, dead, creating a public nuisance or
damaging a foundation by a qualified professional;
d. Any tree determined to be causing a danger, or to constitute a hazardous condition, as a result of a
natural event such as tornado, storm, flood or other act of God, that endangers the public health, welfare
or safety and requires immediate removal;
37
e. Any tree listed on the Texas Department of Agriculture Noxious and Invasive Plant List;
f. Clearing of understory necessary to perform soil borings, boundary surveying of real property, to conduct
tree surveys or inventories, or to install tree protection fencing, provided that clearing for surveying shall
not exceed a width of four feet for general survey (e.g., of easement boundary) and eight feet for survey
of property boundary lines, and provided that any protected tree having a dbh of 10 inches dbh or
greater may not be removed under this exemption. For the installation of tree protection fencing the
clearing shall not exceed a width of four feet, measured radially from the trunk, and must not encroach
into the dripline or critical root zone of any tree to be protected; or
g. Site plan, preliminary, or final plat applications, or a building permit application deemed complete as of
the effective date of this subchapter.
C. Tree Removal Permit.
1. New Development/Construction.
a. In the event it becomes necessary to remove a tree for development or construction, a tree removal
permit is required. No protected tree may be removed for development or construction until the final
plat has been approved and the Building Official has properly issued a tree removal permit for that
purpose. In instances where a final plat is not required, proposed removal of protected trees shall be
reviewed with any required site plan for development.
b. All areas within the public rights-of-way, utility easements or drainage easements, as shown on an
approved plat, and areas designated as cut/fill on the related drainage plan approved by the City
Engineer, shall be subject to the requirements of this section.
2. Municipal/Public Property. Property owned by the City of Denton, State of Texas, a political subdivision of
the State of Texas, or any public school, pubic school district, or nonprofit charter school shall be subject to
requirements of Subsection 7.4.3.
3. Tree Removal Permit Required.
a. No protected trees may be removed or transported until authorized by a tree removal permit. It shall be
an affirmative defense to prosecution that permitting is exempted by Subsection 7.7.413.
4. Tree Removal Permit Review and Approval Process.
a. Applicant submits a complete application, along with the applicable fees.
b. A tree survey and tree preservation plan is required for all new development, in accordance with
Subsection 7.7.4D.
c. A tree removal permit is valid for 180 days, or for the duration of a building permit, clearing and grading
permit, or clearing and grubbing permit issued in conjunction with the tree removal permit, whichever is
longer.
d. Protected trees shall not be removed until:
i. Proper mitigation or replacement requirements have been determined and approved for the lot or
site on an approved tree survey and preservation plan; and
ii. A preconstruction meeting has been held with proper city staff authorizing grading and construction
activities to begin on the lot or site; and/or
iii. A tree removal permit has been issued for the lot or site.
5. Standards for Relocating Heritage and Quality Trees. All permitted tree relocations shall be in accordance
with the applicable American National Standards for Tree Care Operations ANSI A300.
38
6. Permits Issued for Public Need, Danger, or Calamity. The Director or designee may issue a permit for the rem(
protected tree provided that it:
a. Is determined to be in a hazardous or dangerous condition so as to endanger the public health, welfare,
or safety;
b. Hinders or obstructs the construction, maintenance, repair, or replacement of city streets, water and
sewer lines, and drainage and storm sewer;
c. Is located in any right-of-way required under the mobility/thoroughfare plan to be dedicated to, and
accepted by the city. This does not include trees being removed for proposed driveways, right and left
turn lanes, or median openings required or warranted by a development. Trees removed in these
instances shall be replaced per paragraph 7.7.7F.5;
d. Hinders or obstructs the construction, repair, maintenance, or replacement of public improvement
projects including, but not limited to, major collection lines for sanitary sewer, distribution lines for water,
collection and management of storm water runoff, and thoroughfares designated for construction in the
City's Capital Improvement Project Plan, Water and Sanitary Distribution Line Maps, or
Mobility/Thoroughfare Plan;
e. Is damaged or killed by a tornado, ice or wind storms, flooding, or other acts of nature; or
f. Is otherwise required by statute.
D. Tree Protection Requirements During Construction. Property owners shall adhere to the following tree
protection measures on all construction sites, consistent with Figure 7.7-1: Tree Protection and Root Pruning
Details.
1. Prior to grading, brush removal, or construction, the developer shall clearly tag or mark all trees to be
preserved.
2. The developer shall erect an orange plastic mesh fence, or other approved fencing material, a minimum of
four feet in height around each tree or group of trees to prevent the placement of debris, equipment, or fill
within the dripline or critical root zone. The fence shall be installed prior to the release of any permit. If the
protection fence is found removed, damaged, or altered at any time during construction prior to final
inspection or landscape installation, a stop work order may be issued by the Building Official.
3. During the construction phase of development, the developer shall prohibit cleaning, parking, or storage of
equipment or materials under the canopy of any tree or group of trees required to be preserved. The
developer shall not allow the disposal of any waste material harmful to tree growth and health, such as, but
not limited to, paint, oil, solvents, asphalt, concrete, or mortar in the dripline area.
Figure 7.7-1: Tree Protection and Root Pruning Details
ALIGNMENT OF PROTECTM
FENCE TO EXTEND TO
THE DRIP LINE AS A
MINIMUM _ 1
a' ORANGE SAFETY —4
FENCE OR APPROVED
EQUAL
I
ANY OTHER CONTRLIGT+ON ACTNITY
YMHIN THE PROTECTION FENCE
EXISTING TREE
TO SE SAVED
TREE PROTECTION DETAIL
ORAPPROVED
EQUAL
Ex ISTING C'PAdE
WITHIN FENCE TO AM
ROOT PRUNING DETAIL
WM OIG TREND. INO MECNANMAI TRE.NCrpNGI
'CUT ROOTS M1 A SHARP PRUNING TOOL
'BACXFILL WITH E STING SOk
'PEWORM ROOT P9I)NIN6A MINIMUM of 2 W Ex3 PRIOR
TO (;oftrkUCTION
39
4. No attachments or wires of any kind, other than those intended to identify or protect a protected tree, shall be
any tree.
S. No fill or excavation may occur within the dripline of a tree to be preserved unless there is a specific
approved plan for use of tree wells or retaining walls. Any plan proposing the use of tree wells or retaining
walls within the dripline of a tree to be preserved shall be designed by a licensed landscape architect. Major
changes of grade (four inches or greater) will require additional measures to maintain proper oxygen and
water exchange with the roots. In addition, the developer should adhere to the following guidelines to
protect the trees to be preserved:
a. With grade changes, a reinforced retaining wall or tree well of a design approved by the city should be
constructed around the tree no closer than half the distance between the trunk and the drip line. The
retaining wall should be constructed so as to maintain the existing grades around a tree or group of
trees.
b. At no time should a wall, pavement, or porous pavement be placed closer than five feet or one foot for
every two inches in caliper, whichever is greater, to the trunk of the tree.
c. In instances where tree wells or retaining walls are approved, root pruning may be necessary when the
critical root zone is to be disturbed. See Figure 7.7-1.
d. If a patio, sidewalk, drive, parking lot, or other paved surface must be placed within the drip line of an
existing tree, material such as a porous pavement or other approved construction methods that will allow
the passage of water and oxygen may be required.
E. Tree Survey and Preservation/Replacement Plan.
1. A tree survey and preservation/replacement plan is required for the development impact areas and shall
accompany the initial application for a site plan, preliminary plat, replat, gas well site plan, or a clear and
grade permit, regardless of the number of trees present on a property.
2. A tree survey and preservation/replacement plan may be required to accompany a zoning application,
specific use permit, or a planned development amendment where tree and landscaping requirements are
relevant to the requested zoning or development amendment, as determined by the Director.
3. Each tree survey and preservation/replacement plan shall contain, but not be limited to, the following
required elements:
a. The locations of all trees to be preserved and removed on the subject site.
b. A table containing the following information for all trees:
i. Tree number;
ii. Common name of each tree;
iii. Circumference of each landmark tree;
iv. Diameter (dbh) of each tree;
v. General health and condition of each tree;
vi. Average canopy spread;
vii. Classification (quality, heritage, landmark, secondary, or non -protected) and status (preserve or
remove) for each tree; and
viii. Mitigation worksheet as shown in Table 7.C.
4. The tree survey and preservation/replacement plan shall be prepared by or under the supervision of an ISA
certified or ASCA registered arborist, a SAF certified forester, botanist, professional land surveyor that has
40
documented completion of at least eight hours of training in Texas tree identification, or a registered
landscape architect.
5. Residential subdivisions that are to be developed in phases must provide a plan that complies with the
preservation requirements at full build-out as approved on the preliminary plat or general development plan.
6. Any subsequent redevelopment of property shall preserve the minimum percentage dbh inches as indicated
by the initial tree survey and preservation/replacement plan.
7. A notation must be placed on the preliminary plat, final plat, site plan, and building permit identifying the dbh
of trees to be preserved and the location of the lots that contain preserved trees. The notation shall limit any
future unauthorized land disturbing activity or construction that would impact and/or damage the tree(s)
preserved.
8. A tree survey and preservation/replacement plan shall be approved if the minimum preservation and
replacement requirements are met.
9. If there are no protected trees on a property, then a signed and notarized letter indicating such shall be
prepared by or under the supervision of an ISA certified or ASCA registered arborist, a SAF certified forester,
botanist, professional land surveyor that has documented completion of at least eight hours of training in
Texas tree identification, or a registered landscape architect and submitted with the initial development
application.
F. Alternative Tree Preservation/Replacement Plan.
1. Description and Intent. The alternative tree preservation/replacement plan provides the option to further
the purpose and intent of these regulations through a flexible process reviewed and approved by the
Director for one of the following purposes:
a. To allow trees measuring below the minimum dbh to be counted for Protected Trees when:
i. The allowance would result in the preservation of a greater number of post oak trees, regardless of
dbh; or
ii. The preservation of protected tree(s) would cause a substantial burden, but smaller dbh non-
secondary trees are located in such a way that the trees can be incorporated into the site design such
as the parking lot, buffer, or front yard landscaping.
b. To allow secondary trees to count towards the minimum required preservation instead of quality trees.
2. Criteria for Approval.
a. The proposed alternative tree preservation/replacement plan adequately achieves, or is an improvement
on, the intent of the requirements of this subsection; and
b. The proposed site design has minimized the loss of protected trees to the greatest extent possible or has
maintained existing tree stands.
3. Replacement Trees. Required replacement and mitigation contained in paragraphs 7.7.4H and 7.7.41 shall be
required for those alternatives in paragraph 7.7.4F.1 above.
G. Minimum Preservation Requirements.
1. Tree Types and Required Preservation.
a. Landmark Trees. One hundred percent of all Landmark trees shall be preserved.
b. Heritage and Quality Trees. A minimum of 30 percent of the total dbh shall be preserved within the
development impact area. Removal of trees shall be replaced in accordance with Subsection 7.7.4H or
7.7.41.
41
i. The 30 percent minimum preservation requirement may be reduced to 20 percent provided:
a. The 20 percent preserved dbh is in either a dedicated conservation easement or in a preserved
habitat. All protected and non -protected trees, unless dead or diseased, that are greater than six
inches dbh may be counted toward meeting the 20 percent requirement.
b. Preserved habitats may be dedicated as a conservation easement, and if not dedicated as a
conservation easement must otherwise be restricted on a plat. Preserved habitat shall contain the
prescribed minimum preservation amount, contain a stand of trees and understory, and shall be
the greater of 10 percent of the property or 5,000 square feet.
c. All other trees remaining in the development impact area but removed shall be replaced in
accordance with subsection 7.7.4H or 7.7.41., if applicable.
ii. Properties without a preserved habitat or conservation easement may reduce the 30 percent
minimum to 20 percent provided:
a. The 10 percent reduction is mitigated at the following rates: heritage trees at two and three-
quarters inches for every inch removed; and quality trees at two and one-quarter inches for every
inch removed.
b. All other trees remaining in the development impact area but removed shall be replaced in
accordance with Subsection 7.7.4H or 7.7.41., if applicable.
c. Secondary Trees. There is no minimum preservation of secondary trees required when there are quality
and heritage trees located on a property. In instances where there are no quality or heritage trees located
on a property, then a minimum of 20 percent of the total dbh for secondary trees on the property must
be preserved within the development impact area.
d. Preservation Relief. City Council may approve relief of the Preservation Requirements in accordance with
Tree Preservation Relief Provisions in Subsection 7.7.4J, and where required by State law.
H. Tree Replacement.
1. In the event that it is necessary to remove a protected tree(s) as allowed in this section, the applicant shall be
required to replace the tree(s) being removed with healthy trees or pay a mitigation fee as explained
hereafter.
a. If it is determined that tree replacement is required, the tree preservation/replacement plan must be
approved prior to approval of a final plat or replat and a note shall be placed on that plat referencing the
approved tree replacement plan.
b. If platting is not required, the tree replacement plan shall be included as part of a site plan approval or
tree removal permit.
2. In accordance with TLGC, § 212.905, as amended, replacement trees must:
a. Be planted on property in which they were removed; or
b. Be planted at a location mutually agreed upon by the city and the property owner; and
c. Measure at least two inches dbh when planted.
3. In order to ensure biodiversity and protect against tree diseases, if 20 or more replacement trees are
planted, no one species of tree may exceed 30 percent of the total new trees on the site.
4. To determine the replacement inches required by this section, the applicant shall inventory and combine the
total inches of dbh of all protected trees that are to be removed and that are located within the development
impact area.
i y:
5. This inventory shall be separated into inches of dbh removed per protected tree classification as calculated usir
following replacement rates:
a. Heritage Tree - Two and one-half inches for every inch removed;
b. Quality Tree - Two inches for every inch removed; and
c. Secondary Tree - Four inches for every tree removed.
6. The total of the required inventories represents the replacement inches that shall be replaced through new
tree plantings or preservation of existing trees. New trees required to satisfy the landscaping provisions of
this section shall be counted towards satisfying this requirement.
7. Once each tree on the site is inventoried, tree mitigation shall be calculated as follows and as shown in Table
7.C: Sample Tree Mitigation Worksheet. The calculated dbh of each tree shall be the dbh of the tree
multiplied by the appropriate classification ratio as described in paragraph 4 above. The total calculated dbh
shall be the sum of all these trees.
8. In accordance with TLGC, § 212.905, as amended, a credit of 50 percent shall automatically be given to the
total calculated dbh for all residential development, and 40 percent for nonresidential development. The
preliminary mitigation dbh is 50 percent of the total calculated dbh for all residential, or 40 percent for
nonresidential. Mixed-use developments shall be credited at the residential rate of 50 percent.
9. After calculating the preliminary mitigation dbh and subtracting the preserved credits, any remaining dbh is
defined as the mitigation dbh. The mitigation dbh is required to be satisfied either by the planting of new
trees on-site with an equivalent total dbh or by using one of the alternative methods described in Subsection
7.7.4j.
10. If any preserved and/or replacement tree(s) dies within three years of initial planting or issuance of certificate
of occupancy, the current property owner shall be subject to the same replacement requirements per these
requirements, unless otherwise exempt or deemed a non -protected tree.
I. Tree Preservation Credit. Additional credit shall be given for all protected trees that are preserved. Preserved
credits shall be the sum of:
1. A four -inch credit against mitigation for each one -inch of preliminary mitigation dbh shall be applied to the
preservation of any landmark tree, or any trees preserved within a conservation easement or preserved
habitat;
2. A three-inch credit against mitigation for each one -inch preliminary mitigation dbh shall be applied to the
preservation of any other heritage tree; and
3. A two-inch credit against mitigation for each one -inch of Preliminary Mitigation dbh shall be applied to the
preservation of any other quality tree.
4. An additional preserved credit may be credited against preliminary mitigation dbh for preserved secondary
trees, provided:
a. The minimum preservation of 30 percent is achieved for heritage and quality trees;
b. A one-half inch credit against mitigation for each one -inch preliminary mitigation dbh shall be applied to
the preservation of secondary trees; and
c. Credit for preserved secondary trees may not exceed 50 percent of the preserved dbh of quality trees.
Table 7.C: Sample Tree Mitigation Worksheet
43
dbh (Diameter at Breast Height)
Total dbh
Non -protected dbh
Total Protected dbh
Required Preservation (30 percent)
Dead Tree dbh
Protected Trees Removed
TYPE
Diameter at Breast Height (inches)
120
20
100
30
0
dbh Removed (inches) I Replacement Ratio
Heritage 40
Quality 30
Subtotal 70
Trees Removed
Secondary
TOTAL
Preliminary Mitigation dbh
Trees Preserved
TYPE
Heritage
n
2.5:1
2:1
Replacement Ratio
4": 1 tree
50 percent reduction
dbh Preserved (inches) I Credit Ratio
20
3:1
Calculated
dbh
(inches)
100
60
160
Calculated
dbh
16
176
88
Preserved
Credit
(inches)
60
iE,
Quality
10
2:1
20
Secondary
TOTAL
MITIGATION dbh
5
0.5:1
2_5
30
82.5
5.5
J. Tree Preservation Relief Provisions.
1. Purpose. The purpose of this provision allows a determination of whether the application of this DDC, as
applied to a tree removal application and related development applications, would if not modified or other
relief granted, may unreasonably burden the development of the property.
2. Review Procedure.
a. A property owner or his authorized agent may file an application for relief under this subsection following
a final decision to deny or conditionally grant an application for a tree removal permit.
b. The Director has the authority to establish requirements for applications for tree preservation relief in
the Application Criteria Manual. No application shall be accepted for filing until it is complete and the fee
established by the City Council has been paid.
c. Upon approval of an application for relief in whole or in part by the City Council, the Director shall
process the tree removal permit and related development applications pursuant to the relief granted on
the application for relief approved by the City Council.
d. A denial of an application for relief by the City Council is a final determination.
3. Criteria for Approval. In deciding whether to grant relief to the applicant, the City Council shall consider
whether there is any evidence from which it can reasonably conclude that the application of all or a part of
the provisions of this DDC that apply to tree preservation may deprive the applicant of all economically viable
use of the property, based on the following factors:
a. Whether there is a unique physical circumstance on the property.
b. Whether the proposed design has minimized the loss of trees to the extent possible.
c. Whether preservation and/or mitigation unduly burdens the development of the property.
K. Alternatives to Tree Replacement Requirements. In order to satisfy the mitigation dbh, the property owner may
use any combination of alternative methods of compliance listed below. These alternative methods may also be
used in combination with or in lieu of tree replacement, so long as the total replacement dbh is satisfied by one
or all methods.
1. Payment in Lieu of Replacement.
a. Payment in lieu may be made in the amount prescribed separately and periodically by ordinance, and, if
made, such a payment shall be deposited into the tree fund for the purposes described in this
subsection. This amount is calculated by the average cost incurred by the city for the purchase, planting,
and irrigation of a two-inch tree for three years.
b. The applicant must pay the fees contributed to the tree fund prior to the issuance of a gas well site plan,
45
or the filing of a final plat in the Denton County Clerk's Office. If platting is not required, payment shall be
prior to issuance of a tree removal permit.
c. Notwithstanding any other provision in this subsection, no tree mitigation fee may be collected or
enforced in contravention of state law.
2. Tree Donation. The developer may donate the replacement tree(s) to the City's Parks Department for
planting within the city, with the approval of the Parks Director.
3. Conservation Easement. The property owner may request to grant a conservation easement by plat to the
city that includes protected trees and non -protected trees beyond the minimum preservation amount, and
with a combined dbh equal to or exceeding the dbh for which mitigation is being requested.
a. In addition to the tree survey and preservation/replacement plan, a detailed baseline document
describing the property's physical and biological condition, the general age of any tree stands, locations
of easements and construction, and the conservation values protected by the easement, shall be
required.
b. The city may decline the request for a conservation easement for any reason; however a request so
declined will not satisfy the mitigation requirement and mitigation must be achieved in a different
manner as described above.
L. Tree Fund.
1. The city shall administer and use the tree fund to:
a. Purchase, plant, and maintain trees;
b. Conduct maintenance on conservation easements dedicated in accordance with this subsection;
c. Preserve wooded property remaining in a naturalistic state in perpetuity;
d. Perform and maintain a city-wide tree inventory;
e. Educate citizens and developers on the preservation, care, maintenance, benefits and value of trees
within the City of Denton; and
f. Support programs for the public purpose of increasing the tree canopy within the City of Denton as
approved by City Council.
2. Proceeds from the tree fund shall not be used to meet any requirements for preservation, mitigation,
landscaping, buffering, streetscaping, or similar requirements in this DDC or the Municipal Code of
Ordinances.
3. Voluntary contributions for tree planting shall be placed in the tree fund.
M. Incentives.
1. Energy Conservation Credit. Mitigated or preserved large canopy shade trees located on the western or
southern exposures of a habitable building may receive additional tree replacement credit. The trees must be
located a minimum of 10 feet but a maximum of 30 feet in distance from the building. Required tree
replacement may be credited at 1_5 times the existing or newly planted trees;
2. Heritage Tree Credit. A replacement credit of 4.0 times the dbh of a heritage tree preserved beyond the
minimum preservation requirements may be counted toward meeting the required replacement;
3. Conservation Easement Credit. Required replacement trees may be credited 2.0 times if planted within the
dedicated Conservation Easement;
4. Tree Cluster(s). In order to emphasize the importance of preserving trees in a cluster during development,
additional mitigation credit will be given for a cluster(s) of three or more trees whose bases are located less
46
than 10 feet apart and whose drip lines overlap. Credit shall be calculated at 1.15 times the dbh of each tree
within the cluster; and
S. Parking Space Reduction. Upon application and verification by the Director, an individual shall be entitled to
a reduction in the minimum parking to help meet the minimum tree preservation requirements. For the
purpose of providing an incentive, the minimum parking requirements in Subsection 7.9.4, may be reduced
by one parking space for every 12 inches dbh of trees that have been protected or mitigated on a site. Up to
15 percent of the required spaces may be reduced; or
6. Certification in Lieu of Mitigation. The Director shall assist those who wish to have a site certified under the
Denton Wildscape Program in lieu of meeting replacement requirements as long as 20 percent of existing
trees on-site are preserved.
7. The enforcement and penalty provisions of Section 1.6 shall apply to this subsection.
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DENTON
PREPARED FOR:
City of Denton
901-B TEXAS STREET
DENTON, TX 76209
CITYOFDENTON.COM
PREPARED BYz
DA7061 I iYDavey Resource Group, Inc.
m
RESOURCE GROUP 1500 NORTH MANTUA STREET
KENT, OH 44240
DAVEYRESOURCEGROUP.COM
TEXAS
50
Urban Forest Master Plan 3
DENTON
City of Denton City Council
City of Denton City Staff
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KEEP AMERICA BEAUTIFUL AFFILIATE
Keep Denton Beautiful, Inc.
Photo Creditst
City of Denton
DAMEYI.,
IE80110E CHIP
Davey Resource Group, Inc.
Special thanks to
Community Participants
Urban Forest Master Plan
* Acknowledgments
Mayor and City Council
Mayor Chris Watts
Gerard Hudspeth,
Mayor Pro Tem/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
City Administration
Todd Hileman,
City Manager
Mario Canizares,
Deputy City Manager
Sara Hensley,
Assistant City Manager
51
Parks, Recreation 6
Beatification Board
Frances Punch,
Chair — Council Place 7
Denona Lee,
Council Place 1
Kent Boring,
Council Place 2
Alana Presley Taylor,
Council Place 3
David Shuck,
Council Place 4
George Ferrie,
Council Place 5
James Emerich,
Council Place 6
Parks and Recreation
Gary Packan,
Director of Parks & Recreation
Laura Behrens,
Assistant Director of Parks & Recreation
Drew Huffman,
Parks Superintendent
Haywood Morgan, Jr.,
Urban Forester
Russel Koch,
Parks Manager
Craig Arrington,
Parks Manager
Marshall McGee,
Parks Field Supervisor
Teresa Abrams,
formerly Parks Field Supervisor
Texas
City Staff
Josh Mullen,
Fire/Community Services
Lancine Bentley,
Fire/Community Services
Pam Alumm,
Engineering -Transportation
Marc Oliphant,
Engineering Transportation
Daniel Kremer,
Public Works -Streets and Drainage
Clark Rosendahl,
Public Works -Streets and Drainage
Keith Gabbard,
formerly Public Works -Streets and Drainage
Tracy Beck,
Engineering-CIP
Doug Breon,
Denton Municipal Electric
Bradley Watts,
Denton Municipal Electric
Daniel Howington,
Denton Municipal Electric
Billy Ewton,
Development Services/Bldg Inspections
Sean Jacobson,
Development Services/Planning
Karina Maldonado,
formerly Development Services/Planning
Carly Weld,
Keep Denton Beautiful, Inc.
Autumn Natalie,
Keep Denton Beautiful, Inc.
Julie Anderson,
formerly Keep Denton Beautiful, Inc.
City Staff (continued)
Sarah Luxton,
Water Utilities
Joetta Dailey,
Water Utilities/Environmental Services
Deborah Viera,
Water Utilities/Environmental Services
Christi Upton,
Water Utilities/Environmental Services
Brian Boerner,
Solid Waste
Sarah Kuechler,
Public Affairs
Ryan Adams,
Public Affairs
Community Stakeholders
Christa Crowe,
Keep Denton Beautiful, Inc. Board
David W. Lehde,
Dallas Home Builders Association
Lee Allison,
Denton Community Developers Alliance
Matt Grubishich,
Texas Trees Foundation
Micah Pace,
Preservation Tree Services
Special Thanks to Community Participants
Acknowledgments
N
. r�v
�'
4 ap�•S
AIM
* Scope 6 Purpose
The Urban Forest Master Plan (UFMP) serves as a
guide for managing, enhancing, and growing Denton's
urban forest and the community tree resource over the
next 20 years. Whereas the urban forest includes all of
the trees and woody shrubs in Denton, the community
tree resource is comprised of publicly managed trees
along streets, in parks, and at City facilities. While
the Plan is primarily focused on the stewardship of
the community tree resource, the Plan also considers
private trees because they contribute significantly to
Denton's livability and environmental quality.
In summary, the Plan aims to:
• Recognize best management practices that
promote tree health, maximum benefits, and
community safety
• Promote community outreach, engagement, and
advocacy for the urban forest
• Develop a more cohesive organizational structure
to facilitate collaboration among all departments
and staff who impact or affect the urban forest
• Nurture an ethic of stewardship for the urban
forest among City staff, community organizations,
businesses, and residents
• Increase health and resiliency in the urban forest
by improving species diversity and by managing
pests and invasive species
• Establish baseline metrics and clear goals
for urban forest managers
The Plan includes short-term actions and long-range
planning goals to promote sustainability, species
diversity, and greater canopy cover. The Plan suggests
reasonable time frames for achieving goals, based on
available resources and community support.
53
* Table of Contents
6
SCOPE & PURPOSE
16WHAT DO WE HAVE?
36HOW
DO WE GET THERE?
History of Urban Forestry in Denton
Focus Area: A safe and healthy urban forest
49
EXECUTIVE SUMMARY
Post Oaks and Development
Focus Area: Sustain environmental benefits
What Do We Have?
Wildfire
Focus Area: Engage the community to ensure
What Do We Want?
Urban Forest Resource
the future of the urban forest
How Do We Get There?
Tree Canopy
How Are We Doing?
The Urban Forest Program
60HOW
ARE WE DOING?
Services
Monitoring
10
INTRODUCTION
Program Funding
Annual Plan Review
Community
Summary of Annual Funding
Resource Analysis
History of Denton
Tree Fund
Canopy Analysis
Tree and Canopy Benefits
Regulations and Policies
Community Satisfaction
Air Quality
Federal and State Law
Reporting
Carbon Dioxide Reduction
Denton Municipal Code
State of the Urban Forest Report
Stormwater Management & Water Quality
2012 Simply Sustainable Denton
Energy Savings
Denton Plan 2030
61
APPENDICES
Health, Aesthetic, & Socioeconomic Benefits
Denton Mobility Plan - 2012 Denton Bike Plan
Appendix A: References
Wildlife
Denton Parks, Recreation and Trails Master Plan
Appendix B: Acronyms
Calculating Tree Benefits
Denton Municipal Electric Brochure
Appendix C: Industry Standards
Conclusion
Appendix D: Soil Volume & Tree Stature
Appendix E: Alternative Planter Designs
31 WHAT DO WE WANT?
Managing Partners
Community Partners
Community Meeting
Plan, Goals, and Actions
Focus Area: A safe and healthy urban forest
Focus Area: Sustain environmental benefits
Focus Area: Engage the community to ensure
the future of the urban forest
54
* Executive Summary
What do What do
we have? / we want?
How are How do
we doing? we get there?
Denton's urban forest includes an estimated 3.5
million trees that contribute greatly to the aesthetics
of the community. The urban forest also provides
valuable and critical services to the community
including benefits to air quality, carbon dioxide
reductions, water quality, stormwater management,
energy savings, health benefits, and wildlife habitat,
and socioeconomics. The Urban Forest Master Plan
(UFMP) is a road map which provides long-term
management goals and a timeline to effectively
preserve and enhance the environmental and
socioeconomic benefits provided by this critical
component of infrastructure.
The Plan's structure is based on the understanding
of what we have, what we want, how we get there,
and how we are doing. This structure is known as
adaptive management, which is commonly used
for resource planning and management (Miller,
1988) and provides a good conceptual framework
for the process of improving urban forest
management.
What Do We Have?
The plan development process involved a
comprehensive review and assessment of
the existing urban forest resource, including
composition, value, and environmental benefits
(Table 1). The process explored community values
and vision, including those expressed in guiding
documents, including the Denton Plan 2030,
Denton Mobility Plan, Simply Sustainable Plan,
City Ordinance, state law, and other regulatory
and policy documents.
The process evaluated funding for current service
levels, including programs coordinated by local
nonprofit organization Keep Denton Beautiful, Inc.
(KDB). In addition to Park Staff, there are multiple
stakeholders, internal and external, who play a
role in the planning, design, care, and advocacy
of the urban forest. These stakeholders include
City departments, utility providers, nonprofit
organizations, Denton County, the Texas Trees
Foundation, Denton Community Development
Alliance, the Dallas Builders Association, and
community members. Each of these stakeholders
played a role and provided input for the
development of this Plan.
Denton's Urban Forester works closely with
other City departments to protect, preserve, and
manage the City's trees. Trees in parks, around
City facilities, and along some arterial roadways
are maintained by park staff and contracted crews
as needed. Park staff provide clearance, visibility
pruning, and emergency response on a reactive
basis. Contractors are generally used for larger
trees and unique situations. A newly revised and
adopted Denton Development Code, promotes
the inclusion of trees into new development to
encourage the expansion of tree canopy. Tree
canopy cover goals are relative to zoning and
range from 40% to 50% in residential areas and
15% to 20% in industrial areas. Additionally, the
Denton Development Code established the Tree
Fund which has contributed to the purchase of
land to preserve existing stands of trees and new
tree plantings. The partnership with KDB has kept
a long-standing tradition of celebrating Denton as
the "Redbud Capital of Texas" and Arbor Day alive
through community -wide tree planting events and
tree giveaways, which have resulted in the planting
of more than 7,000 trees since 2016.
With the support of City Council, KDB, and a
dedicated Urban Forester, Denton is poised to
develop a comprehensive urban forestry program
that ensures community vision for a healthy,
aesthetically pleasing, and environmentally
beneficial urban forest.
What Do We Want?
The review process identified challenges and
opportunities for Denton's urban forest. One of
the biggest threats to trees in Denton is ongoing
development and the loss of large, mature trees to
make room for new buildings and infrastructure.
55
at
In addition to removal of existing trees, the
construction process can be detrimental to soil,
through compaction and removal or redistribution
of topsoil. The loss of organic matter and soil
structure can precipitate a decline in existing
trees, especially native oak species, and negatively
impact new tree establishment and mortality rates
Many of the species that have been historically
successful in the region are no longer thriving
in urbanized locations. Currently, Denton has
an average canopy cover of 27.9% (2016 State
of Denton Urban Forest Report). A focus on the
preservation of existing mature trees and canopy
will help to ensure that the community continues
to receive a stable flow of benefits from the urban
forest resource.
In neighborhood areas, the City currently does
not provide maintenance to public trees in the
right-of-way (ROW). The Denton Development
Code mandates that property owners adjacent to
ROW trees are responsible for their maintenance
including pruning for clearance and visibility,
irrigating, and removal. Because most homeowners
are unaware and/or do not have the resources to
employ best management practices for tree care,
the result of this policy is that this vital public
resource is subjected to various levels of tree care
that often lead to poor tree health and structure
as well as risk to people and property. The plan
development process identified an opportunity to
explore the costs and benefits of having the City
assume responsibility and maintenance for all
public trees.
Trees are living organisms, constantly changing
and adapting to their environment and increasing
in size over time. Because of this, trees have
specific needs at various life stages, including
training for proper structure when they are young
and increased monitoring and proactive risk
management when they become mature. Deferring
maintenance at any stage can have a significant
effect on the overall health, structure, value, and
lifespan of a tree. In addition, deferred maintenance
often results in higher costs and less beneficial
results, including increased risk potential. As a
result, the Plan identifies goals and actions for
optimizing urban forest programming, existing
funding, staffing, and urban forest policy.
How Do We Get There?
The Plan identifies three focus areas and nine
goals for preserving the health, value, services,
and sustainability of Denton's urban forest. Each
of these goals is supported by comprehensive
objectives and actions. Recognizing that
community engagement is integral to success,
the Plan includes firm objectives for engaging
the community and encourages partnership and
collaboration.
How Are We Doing?
The long-term success of the Plan will be
measured through the realization of Plan goals
and demonstrated through increased value and
environmental services from the urban forest. The
Plan identifies methods of measurement, priorities,
potential partners, and estimated costs. Since
the Plan is intended to be a dynamic tool, it can
and should be updated in response to available
resources and opportunities. One of the greatest
measures of success for the Plan will be its level
of success in meeting community expectations for
the care and preservation of Denton's urban forest.
I
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Table 1: Urban Forest: Benebmark Values
P URBAN TREE CANOPY COVER (PUBLIC AND PRIVATE, 2016)
Overall Canopy Cover 28%1
Impervious Surfaces 45%
Canopy Benefits (Public and Private, 2016)
Carbon Stored to Date
Annual Canopy Benefits (Public and Private, 2016)
Annual Carbon Sequestration
Annual Air Quality
Annual Stormwater
458,000
23,000 TONS
404.9 TONS
151.1 MILLION GALLONS
7
$61 MILLION
$3.1 MILLIONI
$759,000
$1.3 MILLION
Annual Energy $1.6 MILLION
URBAN FOREST RESOURCE (PUBLIC AND PRIVATE, 2016)
Estimated Total Number of Trees 3.5 MILLION TREES
Replacement Value 5344 MILLION
Unique Species
Prevalence of Top Ten Species
Number of Species Exceeding 10%
46 -
82%
2 -
Adjusted by City Staff from the State of the Denton Urban Forest Report, 2016.
56
Executive Summary 9
Urban Forest Master Plan Focus Areas
A safe and healthy
urban forest
Goal 1: Efficiently manage the community tree resource.
Goal 2: Promote tree health and good structure.
Goal 3: Mitigate and reduce risk of wildfire.
Primary Objectives:
• Improve understanding of the structure and composition of
Denton's community tree resource.
• Following completion of a tree inventory, develop pruning and
maintenance cycles.
• Continue to use planting funds successfully.
• Explore the feasibility of the City taking responsibility for the
maintenance of community trees in neighborhoods.
• Revise policies and standards for pruning young trees to
promote healthy growth and structure.
• Ensure community trees are maintained according to industry
standards to promote tree health, longevity, and also public safety.
• Contribute to a fire safe community.
�a
Urban Forest Master Plan
Engage the community to ensure
the future of the urban forest
Goal 8: Support community engagement and stewardship
of the urban forest.
Goal 9: Celebrate the importance of urban trees.
Primary Objectives:
• Develop and maintain a web page for the Urban Forestry
Division on the City website.
• Interact with community members through a variety of outlets
• Maintain Tree City USA.
* Introduction
Affectionately called the "Lil' d", Denton offers easy
accessibility to the amenities of the "Big D" (Dallas)
It is often characterized as a college town with the
charm of a small town and a historic downtown.
Denton has an expansive live music scene with
a world-renowned Arts and Jazz Festival and
numerous small music venues across the City
(Discover Denton).
Denton is a community that values the environment,
which is evident through the Clear Creek Natural
Heritage Center, Denton Community Market, Shiloh
Field Community Garden, as well as involvement in
Bee City USA, Monarch City USA, and Tree City USA
national programs. Clear Creek Natural Heritage
Center is a gateway to more than 2,900 acres of
bottomland hardwood forest, upland prairie, and
diverse aquatic habitats. Located within Lake
Lewisville's upper floodplain and managed by the
City of Denton, it provides residents and visitors with
unmatched ecological, educational, and recreational
opportunities. The Denton Community Market is
a local farmers market that operates during the
summer. Shiloh Field Community Garden, the largest
community garden in the United States, is operated
by Denton Bible Church. It encompasses 14.5 acres
with 152 plots with fruit trees, berries, chickens,
honeybees, and vineyard. It provides products to
fourteen different organizations and ministries
throughout Denton (Dallas News, 2014; Shiloh Field
Community Garden, 2019). Denton is recognized
as a (1) Bee City USA, an initiative of the Xerces
Society to raise awareness about pollinator decline
and encourage healthy habitat in urban areas (The
Xerces Society, Inc., 2018), (2) Monarch City USA,
a program lead by a non-profit to promote planting
milkweeds and nectar plants that encourage
monarch development (Monarch City USA, 2019),
and (3) Tree City USA, an initiative of the Arbor Day
Foundation to green urban areas through enhanced
tree planting and care (Arbor Day Foundation, 2019).
Denton's humid subtropical climate is characterized
by high temperatures and consistent rainfall
throughout the year (Denton, Texas, 2019). On
average, Denton experiences summer highs of 96°F
and average winter lows of 33°F. The average annual
precipitation is 38.1 inches (U.S. Climate Data, 2019).
Denton is located on the southern edge of "Tornado
Alley" and occasionally experiences tornadoes.
Other extreme weather events such as hail and
flash flooding are more common occurrences.
Community
The Redbud Capital of Texas, Denton is located
on the northern edge of the Dallas -Fort Worth
Metroplex. Standing prominently on Hickory
Street, the Denton County Courthouse reflects the
essence that is Denton; balancing the demands of
urbanization with preservation of the past.
History of Denton
The Wichita, Comanche, Kiowa, and Caddo tribes are
the first known people to call the area that is now
Denton "home'. Archaeologists have determined that
native peoples have been a part of North Texas for
thousands of years prior to the arrival of the Spanish
Conquistadors (Cochran, 2013).
1800s
Following the Texas' declaration of Independence
from Mexico in 1836, there were not permanent
settlers. The first settlers of present-day Denton
settled about a mile southeast of the present-day
town center along the Pecan Creek and named the
settlement Pinckneyville in honor of Texas's first
governor, James Pinckney Henderson (Cochran,
2013; Adopt a Town: Pinckneyville (Denton)).
Historians dispute whether a courthouse was ever
built in Pinckneyville; however, some accounts
suggest that court was held under a large oak tree
(Cochran, 2013).
In 1857, as a result of the donation of 100 acres
of land and requests from county residents for
a more centralized location, Denton became the
county seat for Denton County (Cochran, 2013).
Both the City and the County were named in honor
of John B. Denton (a preacher, lawyer and Texas
militia captain) among the earliest settlers in the
area (Bates, 1918). Additionally, many of the original
street names were based on the trees native to the
county (Denton Landmark Commission).
Before and after the Civil War, Denton remained a
small subsistence agricultural community. In 1881,
Denton experienced some growth with the arrival
of the Texas and Pacific Railway. Without an east -
west connection, there was no further expansion of
the town, which kept Denton a small railroad town
(Odom, 1991).
By the beginning of the 20th century, both North
Texas Normal College (now the University of North
Texas) and the Girl's Industrial College (now Texas
Woman's University) were established. Both of
these colleges greatly contributed to the character
of Denton that remains to this day (Odom, 2019).
In fact, Denton's annual Redbud Festival is rooted
in the Texas Woman's University festival which
celebrated campus beautification and tree
plantings from 1930 to 1984.
Population growth was moderate until the 1960's.
It then majorly increased with the construction
of 135-E and 1-35W connections to the Dallas -
Fort Worth Metroplex. The building of Dallas/
Fort Worth International Airport in 1974 further
contributed to the population expansion of
Denton. Larger manufacturing companies began
establishing themselves through the 1990's when
the population had reached 80,537 (Odom, 1991).
Like many other cities in the 21st century, a
renewed interest in urban revitalization began
to shape some of the historic downtown by
preserving historic and cultural areas including
the Oak/Hickory Historical District (which was
designated as a historical district in 1985) (History
of Denton).
2000s
By 2000, Denton reached a population of 80,537
people according to the "Texas Almanac: City
Population History from 1850-2000". In 2010,
Business Insider published an article rating
Denton as the Best Small Town in America due to
its friendliness, endless entertainment options,
food options, and patriotism (Berlinger, 2012). In
2018, the approximate population was 138,541
(an estimated increase of 19% from 2010) (U.S.
Census, 2019). This up-and-coming community
continues to attract development with numerous
economic opportunities, affordable housing, and
a state-of-the-art transportation system; making
it one of the fastest growing communities in the
Dallas -Fort Worth Metroplex (Hill, 2015).
58
* Introduction
Tree and Canopy
Benefits
Trees in the urban forest work continuously
to mitigate the effects of urbanization and
development as well as protect and enhance lives
within the community. Healthy trees are vigorous,
producing more leaf surface and canopy cover
area each year. The amount and distribution of
leaf surface area are the driving forces behind
the urban forest's ability to produce services for
the community (Clark et al, 1997). Services (i.e.
benefits) include:
• Air quality improvements
• Carbon dioxide reductions
• Water quality improvements
• Energy savings
• Health, aesthetic, and socioeconomic benefits
• Wildlife
• Enhanced soil health
G�
If a post oak were planted near a building, in
Denton, and lived for at least 20 years, over
its lifetime it will have sequestered 849 lbs of
CO2(make subscript), intercepted 2,575 gallons of
rainfall, avoided 289 gallons of stormwater runoff,
intercepted 5.9 lbs of air pollutants, conserved
691 kWh of electricity, and reduced heating
consumption by 14 therms. -i-Tree Design
* URBAN FAIREST FACT
Asir Quality
Trees improve air quality in five (5) fundamental ways:
• Lessening particulate matter (e.g., dust and
smoke)
• Absorbing gaseous pollutants
• Providing shade and transpiring
• Reducing power plant emissions by decreasing
energy demand among buildings
• Increasing oxygen levels through
photosynthesis
Trees protect and improve air quality by
intercepting particulate matter (PMI), including
dust, pollen, and smoke. The particulates
are filtered and held in the tree canopy until
precipitation rinses the particulates harmlessly
to the ground. Trees absorb harmful gaseous
pollutants like ozone (03), nitrogen dioxide (NO2),
and sulfur dioxide (SO2). Shade and transpiration
reduce the formation of 03, which is created at
higher temperatures. Scientists are now finding
that some trees may absorb more volatile organic
compounds (VOCs) than previously thought (Karl,
2010; McPherson and Simpson, 2010). VOCs are
carbon -based particles emitted from automobile
exhaust, lawnmowers, and other human activities.
Carbon Dioxide Reduetion
As environmental awareness increases,
governments are paying more attention to the
effects of greenhouse gas (GHG) emissions and
concerns about climate change. As energy from
the sun (sunlight) strikes the Earth's surface,
it is reflected into space as infrared radiation
(heat). Greenhouse gases absorb some of
this infrared radiation and trap this heat in the
atmosphere, increasing the temperature of the
Earth's surface. Many chemical compounds in
the Earth's atmosphere act as GHGs, including
methane (CH 4), nitrous oxide (N2O)' carbon
dioxide (CO2), water vapor, and human -made
gases/aerosols. As GHGs increase, the amount
of energy radiated back into space is reduced
and more heat is trapped in the atmosphere. An
increase in the average temperature of the earth
can result in changes in weather, sea levels, and
land use patterns, as well as localized changes
that impact the suitability of some trees and other
plant species to a specific region. In the last 150
years, since large-scale industrialization began,
the levels of some GHGs, including CO2, have
increased by 25% (Greenhouse Gases' Effect on
the Climate, 2018).
Trees and forests reduce atmospheric carbon
dioxide CO2 in two ways:
• Directly, by reducing CO2 in the atmosphere
through growth and sequestration of CO2 in
woody and foliar biomass.
• Indirectly, by lowering the demand for
energy and reducing CO2 emissions from the
consumption of natural gas and the generation
of electric power.
Stormwater Management 8�
Water Quality
Trees and forests improve and protect the quality
of surface waters, such as creeks and rivers, by
reducing the impacts of stormwater runoff through:
• Interception
• Increased soil capacity and infiltration rate
• Reduction in soil erosion
Trees intercept rainfall in their canopy, which
acts as a mini -reservoir (Xiao et al, 1998). During
storm events, this interception reduces and slows
runoff. In addition to catching stormwater, canopy
interception lessens the impact of raindrops on
barren soils. Root growth and decomposition
increase the capacity and rate of soil infiltration
by rainfall and snowmelt (Xiao et al, 1998). Each
of these processes greatly reduces the flow and
volume of stormwater runoff, avoiding erosion
and preventing sediments and other pollutants
from entering streams, rivers, and lakes. Urban
stormwater runoff is a major source of pollution
for surface waters and riparian areas, threatening
aquatic and other wildlife as well as human
populations. Requirements for stormwater
management are becoming more stringent and
costly. Reducing runoff and incorporating urban
trees in stormwater management planning
have the added benefit of reducing the cost of
stormwater management, including the expense of
constructing new facilities necessary to detain and
control stormwater as well as the cost of treatment
to remove sediment and other pollutants.
59
12 Urban Forest Master Plan
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Energy Savings
Urban trees and forests modify climate and
conserve energy in three principal ways:
• Producing shade for dwellings and hardscape
reduces the energy needed to cool the building
with air conditioning (Akbari et al, 1997)
• Tree canopies engage in evapotranspiration,
which leads to the release of water vapor from
tree canopies and cools the air (Lyle, 1996)
• Trees in dense arrangements may reduce mean
wind speed and solar radiation below the top
of the tree canopy by up to -90% compared to
open areas (Heisler and DeWalle, 1988)
An urban heat island is an urban area or
metropolitan area that is significantly warmer than
its surrounding rural areas due to human activities.
Trees reduce energy use in summer by cooling the
surrounding areas. Shade from trees reduces the
amount of radiant energy absorbed and stored
by hardscapes and other impervious surfaces,
thereby reducing the heat island effect, a term that
describes the increase in urban temperatures in
relation to surrounding locations. Transpiration
releases water vapor from tree canopies, which
cools the surrounding area. Evapotranspiration,
alone or in combination with shading, can help
reduce peak summer temperatures by 2 to 9°F
(1 to 5°C) (Huang et al, 1990). The energy saving
potential of trees and other landscape vegetation
can mitigate urban heat islands directly by shading
heat -absorbing surfaces, and indirectly through
evapotranspiration cooling (McPherson, 1994).
Individual trees through transpiration have a
cooling effect equivalent to two average household
central air-conditioning units per day or 70 kWh
for every 200 L of water transpired (Ellison et al,
2017). Studies on the heat island effect show that
temperature differences of more than 9°F (5°C)
have been observed between city centers without
adequate canopy cover and more vegetated
suburban areas (Akbari et al, 1997).
Trees also reduce energy use in winter by
mitigating heat loss, where they can reduce wind
speeds by up to 50% and influence the movement
of warm air and pollutants along streets and out
of urban canyons. Urban canyons are streets
flanked by dense blocks of buildings, affecting
local conditions, such as temperature, wind, and
air quality. By reducing air movement into buildings
and against conductive surfaces (e.g., glass and
metal siding), trees reduce conductive heat loss
from buildings, translating into potential annual
heating savings of 25% (Heisler, 1986).
Three trees properly placed around the home
can save $100-$250 annually in energy costs.
Shade from trees significantly mitigates the
urban heat island effect - tree canopies provide
surface temperature reductions on wall and roof
surfaces of buildings ranging from 20-45°F and
temperatures inside parked cars can be reduced
by 45°F. Reducing energy use has the added bonus
of reducing carbon dioxide (CO2) emissions from
fossil fuel power plants.
60
* Introduction
Health, Aesthetic, 6
Socioeconomic Benefits
Exposure to nature, including trees, has a positive
impact on human health and wellness through
improvements in mental and physical health,
reductions in crime, and academic success.
A study of individuals living in 28 identical high-
rise apartment units found residents who live near
green spaces had a stronger sense of community
and improved mental health, coped better with
stress and hardship, and managed problems more
effectively than those living away from green space
(Kuo, 2001). In a greener environment, people
report fewer health complaints (including improved
mental health) and more often rate themselves as
being in good health (Sherer, 2003). Other research
has revealed lower incidence of depressive
symptoms in neighborhoods with greater access to
green space (Jennings & Gaither, 2015).
Trees shade impervious surfaces and prevent
the sun's rays from hitting them, thus reducing
heat storage and later release, which contribute
to the urban heat island effect. Tall trees that
create a large shaded area are more useful than
short vegetation. Trees also contribute to cooler
temperatures through transpiration, increasing
latent heat storage (the sun's energy goes to
convert water from its liquid to vapor form)
rather than increasing air temperature (sensible
heat). According to a study conducted by the
Nature Conservancy, it is estimated that trees
have the potential to reduce summer maximum
air temperatures by 0.9 to 3.6° F. Trees help to
address public health concerns for both heat and
air quality. Globally, an annual investment of $100
million in planting and maintenance costs would
give an additional 77 million people a V C (1.8° F)
reduction in maximum temperatures on hot days
(McDonald et al, 2016).
Several studies have examined the relationship
between urban forests and crime rates. Park -like
surroundings increase neighborhood safety by
relieving mental fatigue and feelings of violence
and aggression that can occur as an outcome
of fatigue (Planning the Urban Forest: Ecology,
Economy, and Community Development, 2009).
Research shows that the greener a building's
surroundings are, the fewer total crimes. This is
true for both property crimes and violent crimes.
Landscape vegetation around buildings can
mitigate irritability, inattentiveness, and decreased
control over impulses, all of which are well
established psychological precursors to violence.
Residents who live near outdoor greenery tend to
be more familiar with nearby neighbors, socialize
more with them, and express greater feelings of
community and safety than residents lacking
nearby green spaces (Planning the Urban Forest:
Ecology, Economy, and Community Development,
2003). Public housing residents reported 25%
fewer domestic crimes when landscapes and trees
were planted near their homes (Kuo, 2001). Two
studies (one in New Haven, CT and the other in
Baltimore City and County, MD) found a correlation
between increased tree coverage and decreased
crime rates, even after adjusting for a number of
other variables, such as median household income,
level of education, and rented versus owner -
occupied housing in the neighborhoods that
were studied (Gilstad-Hayden et al, 2015; Troy
et al, 2012).
A 2010 study investigated the effects of exposure
to green space at school on the academic success
of students at 101 public high schools in southern
Michigan (Matsuoka, 2010). The study found a
positive correlation between exposure to nature
and student success measured by standardized
testing, graduation rate, percentage of student
planning to go to college, and the rate of criminal
behavior. This trend persisted after controlling
for factors such as socioeconomic status and
race or ethnicity. Conversely, views of buildings
and landscapes that lacked natural features were
negatively associated with student performance.
If a bald cypress were planted near a building
and lived for at least 20 years, it would have
sequestered 544 lbs of CO2(subscript).
- i -Tree Planting
* URBAN FOREST FACT
14 Urban Forest Ma:
Wildlife
Trees provide important habitat for birds, insects
(including bees), and other animal species. Their
greatest contributions include:
• Preservation and optimization of wildlife habitat
• Natural corridors for increased movement and
dispersal
Furthermore, trees and forest lands provide critical
habitat (for foraging, nesting, spawning, etc.) for
mammals, birds, fish, and other aquatic species.
Trees can offer pollinators a valuable source of
flowering plants. With an array of flowering trees that
provide pollen and nectar in the urban forest, bees
are provided with additional food sources. Increasing
tree species diversity and richness contributes to
greater numbers of bird species among urban bird
communities (Pena et al, 2017). Wooded streets
potentially function as movement corridors, allowing
certain species—particularly those feeding on the
ground and breeding in trees or tree holes—to fare
well by supporting alternative habitat for feeding
and nesting (Fernandez-Juricic E. 2001). Greater
tree density also contributes to bat activity in urban
environments and improves outcomes for both birds
and bats (Threlfall et al, 2016).
Restoration of urban riparian corridors and
their linkages to surrounding natural areas has
facilitated the movement of wildlife and dispersal
of flora (Dwyer et al, 1992). Usually habitat
creation and enhancement increase biodiversity
and complement other beneficial functions of the
urban forest. These findings indicate an urgent
need for conservation and restoration measures to
improve landscape connectivity, which will reduce
extinction rates and help maintain ecosystem
services (Haddad et al, 2015).
Soil Health
Urban soils are typically altered with man-made
building materials. Although tree establishment
may be difficult in highly compacted, significantly
altered, or poor soils, establishing urban trees
improves soil quality in numerous ways, including:
• Increased available carbon for microorganisms
• Increased soil microbial biomass
• Reduced erosion and greater water holding
capacity
• Enhanced soil nutrients and organic matter
• Decreased soil compaction and soil bulk density
Trees shed leaves, branches, and root materials
that subsequently decompose and incorporate
nutrients and organic matter into the soil (Oldfield et
al, 2014). Furthermore, tree root exudates aid in soil
aggregation. Not only do these processes increase
the available nutrients in the soil, but they also create
habitat for beneficial soil microbes (Grayston et al,
1997). Trees also increase water infiltration rates
of soil through rainfall interception and altering the
physical properties of the soil (Uthappa et al, 2015).
Caleulating Tree Benefits
Communities can calculate the benefits of their
urban forest by using a complete inventory
or sample data in conjunction with the USDA
Forest Service i -Tree software tools. This
state-of-the-art, peer-reviewed software suite
considers regional environmental data and costs
to quantify the ecosystem services unique to a
given urban forest resource.
Individuals can calculate the benefits
of trees to their property by using i -Tree
Design. (www.itreetools.org/design) Tree
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Post Oaks & Development
Sometimes called the "Royal Oak", this native species is the predominant species of the Dallas
Fort Worth Metropolitan Area. It was noted by early European explorers that the post oak was a
major species in the Post Oak Savannah Region of Texas (The Post Oaks, 2019). Post oak (Quercus
stellata) are a slow-growing oak which produce a dense wood, which historically has been used as
fence posts and railroad ties, hence the name (Turner, 2010).
The clay nutrient deficient soils and high heat of North Texas make the region a challenging place
for many species of trees to grow. Post oak are uniquely well -adapted to the region with heat
tolerance, low water requirements, and resistance to decay (Stransky, n.d.). Post oak trees provide
habitat for nesting birds, as well as, provide acorns, which are a valuable food source for wildlife
including wild turkey, white-tailed deer, squirrels, and other animals (Stransky, n.d.).
In Denton, post oak trees are a valued part of the urban forest. Around the year 2003, the Tree
Preservation Ordinance was established in response to the removal of mature post oak trees after
ground was broken on a new development. Following this ordinance, a tree committee was created
to be an advisory group to review ordinances.
On the University of North Texas campus there are over 3,000 post oak trees. The campus is actively
undergoing tree preservation efforts to preserve the trees (Post Oak Tree Preservation at UNT, 2018).
In recent years, there has been a notable decline of post oak, especially in urban areas, in North
Texas (Texas Agriculture Daily, 2016). Symptoms reported to Texas Extension include: rapid
chlorosis and necrosis throughout the entire crown, dead tree leaf retention, and groups of dead or
dying trees (McBride and Appel, 2019). While, the death of these trees appeared to be rapid decline,
Texas Extension believe that symptoms are likely observable months before the collapse of a tree
and suggest that numerous environmental factors are contributing to the decline, including the 2011
drought and unseasonal flooding which promotes certain outbreaks of diseases and pests, and
problems associated with urban development (McBride, 2019).
Post oak have shallow root systems which make the trees particularly sensitive to soil compaction,
drainage changes, and soil disturbance (Gilman and Watson, 1994). Construction can be especially
impactful on a root system, through excavation, compaction from heavy equipment, soil grade
changes, and drastic changes in soil drainage.
To mitigate the impact of construction activities on post oak, prevention and planning are critical
for protecting this sensitive species. For any type of construction (new sidewalks, driveways,
remodeling, updates to underground utilities, etc.), a certified arborist should be consulted during
the design and planning phases to determine whether the tree may withstand the impacts of the
given project or if alterations to design can be made to avoid impacts.
M
Denton
Wildfire
Wildfires in Texas may not garner the same media
attention that California or other western states
receive, but wildfires are not an uncommon
occurrence. As recent as 2018, according to the
Texas A&M Forest Service, 894 fires were fought
(Dawson, 2018). Drought in 2011, spurred one of
Texas's worst years for fire, with 3,312 fires fought
by the Texas A&M Forest Service, and the infamous
Bastrop County Complex fire, the most destructive
wildfire in Texas History (Texas Parks & Wildlife,
n.d.). Denton County had a 200 -acre fire flare up
in Flower Mound in 2018 but was quickly brought
under control (Associated Press & Kera News, 2018).
The occurrence of a wildfire is influenced by the
current climatic conditions (temperature, humidity,
wind) other environmental factors such as the
type of surrounding vegetation, fuel structure
and moisture content. Much of the Western
United States experiences hot, dry summers, and
communities are adjacent to forested areas that are
adapted to wildfires. The Wildland Urban Interface
(WUI) describes a transition zone where homes are
located on the edge of fire prone areas. There is an
increased risk of personal injury or property damage
resulting from a wildfire in the WUI.
Texas A&M Forest Service has an online Texas
Wildfire Risk Assessment Portal, which has
interactive mapping, which provides members
of the public to review their communities risk
of wildfire, the Wildland Urban Interface (WUI)
present within their community, Wildfire Ignition
Density, and a WUI Response Index. The mapping
features indicate that Denton, like many other parts
of the state, have areas within the City limits with
heightened vulnerabilities to fire.
To have a more fire adapted community, there
must be support to locate WUI areas at risk of
wildfire and engage in risk reduction activities
(Cooke et al, 2016). In 2012, less than 10% of
communities at risk of fire had a Community
Wildfire Protection Plan (CWPP) in place (Jakes et
al, 2012). Whether preparing by creating a CWPP or
other community planning, the steps outlined need
to be in the context of the community, consider
the resources available, and generate a network of
support for implementation of best management
practices (Jakes et al, 2012).
To better mitigate the risk of wildfire in communities
in Texas, Texas A&M Forest Service has mitigation
and preparedness programs to educate and
assist communities on managing their wildfire risk.
Texas A&M Forest service have WUI specialist that
work with community leaders to develop detailed
Community Wildfire Protection Plans.
Drought
Drought conditions will inevitably occur in Denton.
Therefore, soil moisture should be monitored around
trees in order to ensure adequate moisture. To
support tree health, mature trees should be watered
one to two times per week in the summer depending
on the soil type (sandy soils require more frequent
watering than clay soils). Newly planted trees should
be watered more often (Clatterbuck and Tankersley,
n.d.). Every time a newly planted tree is watered, it
should receive 10-20 gallons of water depending on
the size of the root ball.
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* What do we have'
Urban Forest Resource
The development of the Plan included a review of
the 2016 State of the Denton Urban Forest Report,
which included an urban tree canopy assessment
and i -Tree Eco analysis. Both assessments included
an assessment of trees on both public and private
property, as there is no inventory of publicly
managed trees.
Tree Canopy
Tree canopy is the layer of leaves, branches, and
stems of trees and other woody plants that cover
the ground when viewed from above. Understanding
the location and extent of tree canopy is critical to
developing and implementing sound management
strategies that will promote the smart growth and
resiliency of Denton's urban forest and the invaluable
services it provides. A tree canopy assessment
provides a bird's -eye -view of the entire urban forest
and includes consideration of tree canopy along
with other primary land cover, including impervious
surface, bare soils, and water. This information helps
managers better understand tree canopy in relation
to other geospatial data, including:
• Distribution of tree canopy within the
community
• Geopolitical patterns in canopy distribution
• Identification of potential planting areas
The analysis does not distinguish between trees on
public and private property since the benefits of trees
extend beyond property lines. The information can be
used to explore tree canopy in conjunction with other
available metrics, including geography, land use, and
community demographics. This data also establishes
a baseline for assessing future change.
30%
25%
20%
15%
104/
5%
0%
2008
HISTORIC CHANGE
The State of the Denton Urban Forest report (2016)
analyzed canopy cover change between 2008
(20.4%) and 2014 (22.6%). During this time canopy
cover increased from 20% to 23%. It increased
again between 2014 and 2018 from 23% to 28%.
While the change in canopy cover suggests that
trees grew significantly over that period, much
of the changes in canopy cover are more likely
attributed to the annexation of forested land
within the City. Development continues to threaten
existing trees and has reduced the overall canopy
cover in the developed areas of the City. Growth of
tree canopy cover will likely be unable to keep up
with the rate of development and those land use
zones identified as undeveloped land are an area
where canopy cover could be heavily impacted.
22.6%•,..•••''•'���
2014
27.9%
2018
Figure It Historic Change In Canopy Cover in Denton from 2008 to 2018
65
Denton
LAND COVER SUMMARY
Denton encompasses over 116 square miles
(74,492 acres). According to the 2016 State of the
Denton Urban Forest Report, Denton has 22,540
acres of tree canopy or 28% of the overall land
cover. The following characterizes land cover in
Denton:
• 45% (33,321 acres) low-lying vegetation
• 14% (10,506 acres) impervious surface,
including roads, parking lots, and structures
• 17% (7,394 acres) bare soil
• 1% (730 acres) open water
• 38,028 possible planting acres to achieve a
maximum of 52% canopy cover
• 458,000 tons of stored carbon in woody and
foliar biomass of trees
• $7.2 million in total annual environmental benefitE
provided by both public and private trees
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r of,
r
Undeveloped
10%
* What do we have?
TREE CANOPY BY LAND USE
Canopy cover can vary widely across different land
use. In Denton, single-family residential areas have
the highest level of canopy cover among land use
designations with 45% canopy cover. Undeveloped
land has a canopy cover of 38%, followed by a
35% canopy cover for parks and open space. In
contrast, commercial land use designations have
a canopy cover of 12%.
28%
0% 10% 20% 30%
Land Use Class
Figure 2t Difference In Canopy Cover by Land Use
46%
40P/ 50%
67
Delitol,
Single -Family Residential
-
Industrial
Agriculture
5%
Cr
Parks & Open Space
4%
O
U
a
Multi -Family Residential
3%
O
G.7
Institutional
01%
Infrastructure
1%
Commercial
1%
Religious
<1%
Government
<1%
10%
* What do we have?
TREE CANOPY BY LAND USE
Canopy cover can vary widely across different land
use. In Denton, single-family residential areas have
the highest level of canopy cover among land use
designations with 45% canopy cover. Undeveloped
land has a canopy cover of 38%, followed by a
35% canopy cover for parks and open space. In
contrast, commercial land use designations have
a canopy cover of 12%.
28%
0% 10% 20% 30%
Land Use Class
Figure 2t Difference In Canopy Cover by Land Use
46%
40P/ 50%
67
Delitol,
PLANTING PRIORITY
The planting priority analysis considered site
design and environmental factors, including
proximity to hardscape, canopy fragmentation,
soil permeability, slope, and soil erosion factors
to prioritize planting sites on both public and
private property for the greatest potential return
on investment. Potential plantable areas can be
determined by excluding pervious areas that are
unsuitable for planting (e.g., agricultural fields
and sports fields) and including impervious areas
where trees could feasibly be added (parking lot
islands, along sidewalks, and near road edges).The
analysis identified an estimated 32,009 acres on
public and private land where additional trees could
be planted in Denton, where 1,796 acres are high
or very high priority planting areas. Site visits are
necessary to determine suitability as well as the
actual number of planting sites.
This analysis provides a snapshot of current
conditions. Current canopy cover in Denton is
approximately 28%. If all available planting sites
were planted, the potential canopy cover could be
as high as 87%. However, it is important to note
that this estimate for a potential canopy cover does
not account for planned development. Therefore,
the actual potential canopy cover is likely much
lower. Furthermore, the current canopy cover,
combined with the estimated potential, can assist
in establishing a realistic canopy cover goal.
While available planting sites may ultimately be
planted over the next several decades, the trees
that are planted should be planned for areas of
greatest need and where they will provide the
most benefits and return on investment. Further
analysis could identify areas where trees and
other vegetation could help reduce the effects
of urban heat islands, reduce stormwater runoff,
and increase equitable distribution of canopy
across the City and provide benefits to currently
underserved areas.
2 4
Miles
68
* What do we have
SPECIES DIVERSITY
Maintaining species diversity in an urban forest
is essential. Dominance of any single species or
genus can have detrimental consequences in the
event of storms, drought, disease, pests, or other
stressors that can severely affect a public tree
resource and the flow of benefits and costs over
time. Catastrophic pathogens, such as Dutch elm
disease (Ophiostoma ulmi), emerald ash borer
(Agrilus planipennis), Asian long -horned beetle
(Anoplophora glabripennis), invasive shot hole
borer (Euwallacea sp.), and sudden oak death
(Phytophthora ramorum) are some examples
of unexpected, devastating, and costly pests
and pathogens that highlight the importance of
diversity and the balanced distribution of species
and genera.
In light of significant pests and diseases, many
cities are opting to increase diversity to improve
resilience. The widely used 10-20-30 rule of thumb
states that an urban tree population should consist
of no more than 10% of any one species, 20% of
any one genus, and 30% of any one family (Clark et
al, 1997). While this rule does ensure a minimum
level of diversity, it may not encourage enough
genetic diversity to adequately support resilience.
Therefore the 10-20-30 rule should be considered
a minimum goal. Managers should always strive
to increase the range of representation among
species and genera within an urban forest.
Ani Tree Eco assessment was conducted as part
of the 2016 study, which estimated that the most
prevalent species in Denton, for both private and
public property, is sugarberry (Celtis laevigata, 21%)
followed by cedar elm (Ulmus crassifolia,18%). Both
species exceed the general rule that no single species
should represent 10% of the urban forest resource
(Figure 2).
Although cedar elms exhibit some resistance
to Dutch elm disease (DED) compared with
American elm (Ulmus americana), cedar elm is still
susceptible to this devastating disease (Sallee,
2011). In the event of infestation of DED, Denton
could potentially lose 24% of the urban forest
(cedar elm and American elm).
While the exact species distribution of Denton's urban
forest is unclear, oak species are well represented
in the community and may be an overrepresented
genus in the overall community, possibly in excess of
20% of the overall population. Oak wilt, an infectious
vascular disease caused by the fungus Ceratocystis
fagacearum, is one of the most destructive tree
diseases in the United States and is considered
an epidemic in central Texas (Texas A&M Forest
Service, 2019a). Both red and white oak species are
susceptible to this disease (Denton has both types)
and could potentially impact a significant portion of
Denton's community trees.
The i -Tree Eco assessment estimates that of the
46 species observed in the 250 plot samples, only
two species (less than 1% of the overall population)
were noted as being invasive to Texas, including:
chinaberry (Melia azedarach), and Chinese tallow
tree (Sapium sebiferum) (Texas Department of
Agriculture, 2013). In contrast, most of Denton's
tree species, an estimated 96%, are native to the
State of Texas.
Figure 2c Estimated Species Distribution
•
Sugarberry
21%
•
Cedar elm
18%
Post oak
9%
•
Honey locust
8%
•
Honey mesquite
7%
American elm
6%
Eastern red cedar
5%
Green ash
4%
Shumard oak
3%
Boxcider
1%
Other species
18%
69
Denton
RELATIVE AGE DISTRIBUTION
Age distribution can be approximated by
considering the DBH range of the overall inventory
and individual species. Trees with smaller
diameters tend to be younger and those with larger
DBH are usually more mature. Age distribution
can be a key indicator of the needs of an urban
forest. If a forest is dominated by more mature
trees, these trees tend to need more maintenance
to preserve and may be at risk from aging out of
the canopy. Though these trees tend to provide the
most benefits in terms of canopy coverage, it is
important to have sufficient trees in younger age
categories to replace aging trees. Having a properly
distributed forest by age is essential to preserving
the future of Denton's canopy.
The urban forest's age distribution is a key
indicator and driver of maintenance needs. With
Denton's public tree resource, the age distribution
reveals that 88% of trees are 12 -inches or less DBH
and almost 2% of trees are larger than 24 -inches
DBH (Figure 3).
Young trees are an essential component of the
longevity of Denton's urban forest, as 58% of
sampled trees were measured at less than 6 -inches
DBH. Some of these trees young trees may be
medium or large -stature tree species which is a
positive indicator for future benefits from the urban
forest, since large shade trees typically provide more
shade, pollutant uptake, carbon sequestration, and
rainfall interception than small trees.
Additionally, young trees have an opportunity
to benefit from structural training, the selective
pruning of small branches to influence the future
shape and structure of a young tree, which can
prevent costly structural issues and branch failures
as these young trees mature into their final size in
the landscape.
Over 40% of trees in the sample were of
intermediate age with a DBH between six to
24 -inches. Similarly, these trees would also benefit
from structural pruning. With proper care, these
trees may turn into mature trees and provide
significant environmental and community benefits
for the City.
The sample indicates that almost 2% of the overall
sampled population is comprised of trees greater
than 24 -inches DBH. In other words, there are
fewer large mature trees in Denton when compared
to younger trees. Managers have an opportunity to
regularly inspect and provide routine maintenance
to preserve mature trees as long as possible;
allowing younger trees time to grow, so that when
larger trees begin to decline the benefits provided
by younger trees are optimized.
Figure 3t Age Distribution of Sampled Trees in Denton
do 00 t 40t�
Ideal Age Distribution
Denton Sampled Trees
♦
i
: 00
>3D
70
What do we have? 23
* What do we have
BENEFITS
The benefits provided by the urban forest are
dependent upon the species, age (size), and
condition of the tree population. The urban forest
is the one component of urban infrastructure that
has the potential to increase in value over time
and with proper care.
In Denton, the estimated 3.5 million trees within
the community are providing $7.2 million in annual
benefits (Figure 4). A real potential exists for
urban forest benefits to substantially increase
over time as Denton's young population of trees
mature. Currently, this resource provides the
following benefits:
Figure 4: Annual Renerits o[' Denton's Estimated
3.5 Million Trees
Air Quality
Net annual air quality improvements, as a result
of decreased ozone (03), nitrogen dioxide (NO2),
sulfur dioxide (SO2), and particulate matter (PM,o),
provided by public trees are valued at $759,000.
Energy Savings
Through shading and modification of their
immediate environment, Denton's public trees
reduce annual electricity needs by 19,117
megawatts and natural gas use by -52,906 therms,
for a total benefit of $1.6 million.
Stormwater Management
Denton's 3.5 million trees intercept more than 151
million gallons of stormwater annually, protecting
ground and surface water supplies from harmful
pollutants, for a total value of $1.3 million annually
Carbon Reduction
By converting carbon into woody and foliar
biomass, Denton's 3.5 million trees currently
sequester 23,000 tons of carbon per year, valued
at $3.1 million annually. An additional 3,400 tons
of CO2 is avoided through decreased energy use,
resulting in a net value of $452,000.
1%. 0 -0 -
Carbon
Carbon Sequestered and Avoided $3,511,837 48.90%
• Energy Savings $1,561,304 21.74%
• Stormwater Management $1,350,000 18.80%
Air Quality $759,000 10.57%
24 Urban Forest Ma:
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47 -A
The Urban Forest Program
Within the Parks and Recreation Department,
the Urban Forestry Division is staffed exclusively
by the Urban Forester. The Urban Forester is
responsible for the following maintenance
activities for street trees:
• Maintain clearance and visibility along City
streets and in parks and open space
• Emergency response (clearing tree debris from
parks and public property)
• Response to service requests (parks, trails,
and center medians)
• Dead and hazardous tree removal
• Design review
• Tree planting
• Pest management
• Community engagement
While Denton is fortunate to have a full-time
Urban Forester, who is highly trained and skilled in
arboriculture and urban forest management, due
to lack of internal resources, most tree work is
conducted by contractors on an as -needed basis.
This differs from other cities within the Dallas -Fort
Worth metroplex that have tree crews such as
Carrolton, Dallas, Fort Worth, and Plano.
The Urban Forester regularly consults with other
City Departments to find solutions for preserving
existing trees in the urban landscape and to
address drainage concerns. Requests to maintain
clearance above streets, sidewalks, and alleyways
are addressed by Community Improvement
Services. Per the Denton Development Code,
pruning for clearance and visibility are the
responsibility of the adjacent property owner, but
this work is sometimes contracted out for trees
within the right-of-way that pose safety concerns.
Occasionally the Urban Forester works with the
Water Service Administration to mitigate impacts
from development and non -permitted activities in
Environmental Sensitive Areas.
Public Works is responsible for street, sidewalk,
and stormwater drainage system maintenance and
in instances where trees are a source of conflict
with infrastructure, the Urban Forester is asked for
recommendations on how to fix or mitigate the
issue. The Engineering Department communicates
with the Urban Forester on Capital Improvement
Projects (CIP) if trees may be impacted by the
design and the Urban Forest provides suggestions
on how to preserve existing trees.
The Urban Forestry Division has numerous pieces
of equipment necessary for providing care to City -
maintained trees. The Department has a 17 -year-
old bucket truck with a 90 -foot boom capacity.
Additionally, the Department has two chippers, both
less than ten years old.
72
What do we have? 25
PARKS AND RECREATION
DEPARTMENT
PARK MAINTENANCE
DIVISION
URBAN FORESTRY
DIVISION
72
What do we have? 25
M
* What do we have
services
CLEARANCE AND VISIBILITY
Community Improvement Services receives
complaints on a regular basis about tree clearance
issues. Primarily these complaints come from other
City Departments. The standard of clearance that
is required by the Development Code to maintain is
13.5 vertical feet over streets, 7 vertical feet above
sidewalks, and 12 vertical feet above alleyways.
Pruning can affect the growth rate of a tree. When
trees are young, pruning should primarily be
used to promote good structure. Heavy pruning
of young trees can result in structurally weak
waterspouts (upright, sucker -like shoots emerging
on the trunk or branches). While it is important
to maintain clearance and visibility, for young or
newly established trees pruning to maintain these
standards may not be conducive to overall health
or for promoting good structure. In such instances
where a young or newly established tree is violating
these standards, the Urban Forester will primarily
focus on creating vertical clearance in drive lanes
and maintaining clearance to allow for parked cars.
For mature trees, the Urban Forester coordinates
with Community Improvement Services to address
safety-related pruning or requests for tree removals.
With limited funds, minimal proactive maintenance
activities are primarily addressed through
contractors.
EMERGENCY RESPONSE
Through coordination within the Parks
Maintenance Division, tree debris in parks and
other City facilities following storm events and
response to immediate hazards is completed with
the assistance of Park Maintenance Staff. The
Streets Division addresses tree debris in streets.
TREE PLANTING
Currently, tree plantings occur through Keep
Denton Beautiful, Inc. (KDB) events such as the
Community Tree Giveaway, Tree Your Block events,
and Arbor Day events including the annual Denton
Redbud Festival, Children's Arbor Day, and the
City's inaugural Texas Arbor Day in 2019. Planting
incentive programs like Citizen Forester Training
Program, the Tree Rebate Program, and Trees
Mean Business also contribute to community tree
plantings. Additional tree plantings are completed
by contractors. Between 2016 and 2018, Parks and
KDB planted and distributed 9,629 trees.
Through the Denton Tree Initiative, KDB started
an ambitious campaign to mitigate deforestation
by 12,000 trees by 2019. While the programming
associated with the Initiative was successful at
increasing education and engagement, the goal
of planting 12,000 trees proved to be a challenge.
Challenges associated with achieving the goal of
planting 12,000 trees included the cost of irrigation,
the overall cost to plant each tree (average cost for
planting a 3 -inch caliper tree was $400), and the
lack of willing participants with adequate planting
space on private land.
Additionally, the Urban Forester collaborates
with the City Landscape Architect and Park
Maintenance Irrigation Technicians to design
new park spaces and ensure proper placement,
planting, and irrigation installation for all newly
planted trees.
COMMUNITY ENGAGEMENT AND
OUTREACH
One of Keep Denton Beautiful's main goals is to provide
educational outreach and resources to teach residents
about proper tree planting and care. Between 2016-
2019, Keep Denton Beautiful (KDB) staff and volunteers
provided outreach at 166 events, workshops, and
presentations and brought educational awareness to
an estimated 22,350 attendees.
During the annual Denton Redbud Festival, Keep
Denton Beautiful, Inc. provides educational seminars
on tree care and free or reduced cost trees for
community members who attend the classes. KDB
coordinates volunteer Citizen Foresters through the
Community Citizen Forester Training Program, a
semester -long training designed by Cross Timbers
Urban Forestry Council.
Citizen Foresters attend seven full-day trainings over
a six-month period and are mandated to complete
a set number of tree -specific volunteer hours every
year to maintain their designation. Citizen Foresters
assist in various volunteer planting events in Denton.
The Urban Forester is looking to expand the Citizen
Forester Program to include conducting corrective
pruning for park trees.
In November 2018, to celebrate Texas Arbor Day
and promote the Denton Tree Initiative, KDB hosted
a mini tree giveaway at the City's inaugural Heritage
Festival. 100 free trees were given to Denton
residents and free classes about native trees and
tree care were offered.
73
The City of Denton and Keep Denton Beautiful
promote available tree planting programs and
resources by using websites, printed mailings,
electronic newsletters and e -blasts, utility bill
inserts, press releases, postcard mailings, social
media, printed flyers and posters, outreach events,
and TV ads.
To promote the Tree Rebate Program, an incentive
program that provides residents with $50 rebates
for qualifying tree purchases, printed flyers, posters,
and tree tags are printed and distributed to five local
nurseries. In 2017, KDB staff visited these nurseries
during peak sales times to collect surveys and
promote the program to shoppers.
DTV
Denton has a government access channel, where
residents can receive information about local
happenings. Keep Denton Beautiful, Inc. promotes
their annual Community Tree Giveaway and all
other tree planting programs on the channel.
PEST MANAGEMENT
Similar to all urban forests, Denton's urban forest
experiences pest and disease problems (Integrated
Pest Management (IPM) update, 2018). As Denton is
in close proximity to large urban centers and a highly
mobile population, there is also a risk of future pest
introductions. This, coupled with the current changes
in climate, make the community vulnerable to pests
and diseases. Although some diseases such as Dutch
elm disease (DED) and oak wilt are not new threats to
the area, they are still of significant concern. Potential
pests and diseases that are of most concern to the
community forest include:
Dutch elm disease
In Dutch elm disease (DED), beetle vectors carry a
fungal pathogen (Ophiostoma ulmi and Ophiostoma
novo-ulmi) that causes the vascular disease. The
pathogen blocks the flow of water and nutrients
throughout the tree, which quickly causes leaf
yellowing and wilting before the tree dies. The
pathogen can also move from infected individuals
to conspecific neighbors through root grafts.
Dutch elm disease has devastated American elm
populations, killing over 40 million elm trees since
its introduction into the United States in the 1930s
(D'Arcy, 2000). This disease is an ongoing threat to
Denton's elm populations. Prioritizing preventative
measures such as regular inspections, ample
watering to increase tree vigor, and pruning out dead
branch material (D'Arcy, 2000) have helped maintain
elms as street trees in many western communities.
Oak wilt
There are many overlaps between oak wilt and
DED as they are both beetle vectored vascular
diseases that can also be spread through
root grafts. Oak wilt is caused by the fungus
Ceratocystis fagacearum. Oak wilt is one of the
most destructive tree diseases in the United States
and is considered an epidemic in central Texas
(Texas A&M Forest Service, 2019a). All ages and
sizes of oaks can be impacted. Red oaks, including
live oaks, are highly susceptible to this disease and
typically die two to four weeks after infection. In
contrast, white oaks are much less susceptible, and
in many cases survive an infection.
Granulate ambrosia beetle
The granulate ambrosia beetle (Xylosandrus
crassiusculus) was first detected in South Carolina
in the 1970s and has since spread to multiple
states, including east Texas. This beetle feeds
on heartwood tissues. Secondary cankers can
also form on the bark where beetle entrance and
exit wounds occur. The ambrosia beetle has the
potential to colonize healthy or stressed trees
(Atkinson et al, 2000), and has a large hardwood
host range. Known hosts in the United States
include: Acer (maple); Albizia (albizia); Carya
(hickory); Cercis (redbud); Cornus (dogwood);
Diospyros (persimmon); Fagus (beech); Gleditsia
or Robinia (locust); Juglans (walnut); Koelreuteria
(goldenrain tree); Lagerstroemia (crape myrtle);
Liquidambar (sweetgum); Liriodendron (tulip
poplar); Magnolia (magnolia); Populus (aspen);
Prunus (cherry); Pyrus (pear); Quercus (oak);
and Ulmus (elm) (Cole, 2008).
Emerald ash borer
To date, the emerald ash borer (EAB; Agrilus
planipennis) has killed hundreds of millions of
ash trees making it the costliest introduced
forest pest in North America (Emerald Ash Borer
Information Network, 2019). EAB was documented
in northeastern Texas in 2016 and was recently
found north of Fort Worth. Counties nearby (Cass,
Harrison, and Marion) and adjacent (Tarrant) to
Denton County are under quarantine regulations
that restrict the movement of infested ash wood.
With the threat of EAB, it is important for Denton to
avoid planting additional ash trees. All species of
Fraxinus (ash) are susceptible to EAB.
to
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74:
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* What do we have
Program Funding
Stable and predictable funding is critical to
effective and efficient management of the urban
forest. Trees are living organisms, constantly
growing and changing over time and in response to
their environment. There are a number of factors
that affect tree health and structure, including
nutrition, available water, pests, disease, wind, and
humidity. While it might seem like most changes
to trees take a long time to occur, some specific
maintenance is critical at certain stages of life. For
instance, young trees benefit greatly from early
structural pruning and training. Minor corrections
that are simple can be applied with low costs
when a tree is young. However, if left unattended
they can evolve into very expensive structural
issues and increase liability as trees mature (at
which point it may be impossible to correct the
issue without causing greater harm). Over mature
trees often require more frequent inspection and
removal of dead or dying limbs to reduce the risk of
unexpected failure. A stable budget allows urban
forest managers to program the necessary tree
care at the appropriate life stage when it is most
beneficial and cost effective.
Summary of Annual Funding
The average annual budget to care for Denton's
public trees is $1.1 million (based on budgetary
records from 2016-2018). Between 46 to 54%
of funds are dedicated to maintaining utility line
clearance, which is provided by Denton Municipal
Electric (DME). Tree planting and initial care makes
up between 25-30% of annual budgets. Contractors
provide tree trimming services for trees in the public
right-of-way (trees located in center medians or
other areas not directly adjacent to private property),
approximately $50,000 annually. Parks receives 35
to 41% of annual funds. The remainder is divided
between Planning, Community Improvement
Services Capital Improvement Projects, and Keep
Denton Beautiful, Inc (Figure 5).
Tree Fund
The Tree Fund supports programming to increase
and maintain the public tree resource. With
estimated average deposits of $275,000, the funds
are used to purchase, plant, maintain, inventory,
and plan the urban forest. In addition, they allow for
preserving natural forested areas. The Tree Fund
also supports Denton Tree Initiative programs such
as the Tree Rebate Program, Trees Mean Business,
and Tree Your Block, which are programs designed
to provide or plant native and adapted tree species
on private property. It also supports educational
programs to educate the community residents and
developers about the benefits and value of trees.
Figure 5t Funding for Denton's Public Tree Resource, Fiscal Year 2019-2019
• Utility Line Clearance
$569,095
49.5%
Tree Planting and Initial Car
$293,165
25.5%
• Tree Maintenance
$141,772
12.3%
Management
$130,919
11.4%
• Tree Removals
$13,907
1.2%
■
75
Denton
Regulations and Policies
Federal and State Law
ENDANGERED SPECIES ACT
Signed in 1973, the Endangered Species Act provides
for the conservation of species that are endangered
or threatened throughout all or within a significant
portion of their range, as well as the conservation of
the ecosystems on which they depend.
The listing of a species as endangered makes
it illegal to "take" (i.e., harass, harm, pursue,
hunt, shoot, wound, kill, trap, capture, collect, or
attempt to do these things) that species. Similar
prohibitions usually extend to threatened species
MIGRATORY BIRD TREATY ACT (MBTA)
Passed by Congress in 1918, this Act defines that
it is unlawful to pursue, hunt, take, capture, kill,
possess, sell, purchase, barter, import, export, or
transport any migratory bird, or any part, nest, or
egg or any such bird, unless authorized under a
permit issued by the Secretary of the Interior.
The Migratory Bird Treaty Act can impact forestry
operations during times when birds are nesting, which
may delay work in order to avoid violating the MBTA.
SOLAR SHADE - TEXAS
About twenty-four states, including Texas, have solar
access laws that limit Homeowner's Associations
(HOAs) from banning solar panels. These laws
override the HOA contract that restricts solar
installation. There are two types of solar access
rights that protect a homeowner's right to install
solar: solar access laws and solar easements. Both
protect property owners' rights to harness energy
from the sun but address different concerns.
In Texas, an HOA cannot legally prohibit a homeowner
from installing solar on their property. While these
laws protect a homeowner from being denied their
right to install solar, HOAs still have the ability to place
restrictions on where and how it is installed.
Texas Property Code 202.010 states that HOAs are
not allowed to include or enforce provisions within
their regulations, covenants, or by-laws that prohibit
or restrict homeowners from installing a solar energy
device. While this protects a homeowner's right to
utilize solar energy, there are still several caveats
that allow HOAs to regulate the installation of solar
panels in certain situations. The law also stipulates
that the HOA may designate where the panels should
be located on the roof (a way around that is for the
homeowner to show that the designation hinders the
performance of the solar panels).
Texas is quickly becoming a leader in the nation
at adopting solar technologies and Denton is one
of the early adopters of renewable technologies
and policy within the state (SEIA, 2019). Denton,
after Georgetown, is the second city in Texas to
announce a goal of 100 percent renewable energy
by the year 2020. This new goal updates the
Renewable Denton Plan where the original goal
was to use 70% renewables by the same year.
Denton's utility company, Denton Municipal Electric
(DME), is a municipally owned utility (MOU)
that serves most of the City's needs. An MOU
is different from an investor owned utility (IOU)
where customers have decision making power to
decide where they purchase power from (Hoisch,
2019). The flexibility of a MOU combined with
decreasing prices of solar and other renewable
technologies (Mahajan, 2018) allows for Denton
to take ownership of their utilities, diversify their
sources of energy, and utilize cleaner technologies
that allow for them to be a more resilient city.
The University of North Texas is also a leader of
integrating renewable energy credits for parts
of the Denton campus as well as the Discovery
Park campus.
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What do we have
DENTON PLAN 2030
The Denton 2030 Plan provides a vision for the
extended future of Denton. The Plan places a
strong emphasis on the viability of the urban forest
by defining clear goals to protect and enhance
greenspace. Citizens and stakeholders consistently
see Denton's tree canopy as a critical part of
the future of the community. They identified the
urban forest as a dynamic component that can
improve resident's quality of life when considered
in future planning. In this Plan, urban forests are
factored into urban design principles that support
sustainability and build community character, and
the community goals to enhance the conservation
and preservation of natural resources in Denton.
DENTON DEVELOPMENT CODE
Denton Development Code (updated April 2019)
has 7 subchapters that provide considerations
for trees or forested areas, including: Subchapter
2, Subchapter 3, Subchapter 4, Subchapter 6,
Subchapter 7, Subchapter 8, and Subchapter 9.
Subchapter 2: Administration and Procedures
Subchapter 2 provides alternative plans for
Environmentally Sensitive Areas when development
plans do not meet the established development
standards provided in Subchapter 7.
Subchapter 3: Zoning Districts
Subchapter 3 considers the preservation of
forested lands in some zoning districts.
Subchapter 4: Overlay and Historic Districts
Subchapter 4 applies height limitations to natural
structures, including trees, within the airport
zones. Denotes the incorporation of trees in front
of buildings as an architectural standard in some
Subareas.
Subchapter 6: Gas Wells
Subchapter 6 designates priority to gas well
ordinances if a conflict between tree preservation
and natural gas drilling arises. Environmentally
Sensitive Areas (ESAs) are considered, and a tree
inventory plan is required for proposed Drilling
and Production sites in ESAs. In situations where
drilling encroachment is allowed in ESAs, tree
mitigation measures apply and tree removal
requests are required.
Subchapter 7: Development Standards
Subchapter 7 provides standards for the
management, protection, and expansion of tree
canopy within all land and development in Denton,
unless otherwise noted. The subchapter also
specifies how the City administers the Tree Fund
for tree related work.
The subchapter prohibits the untimely removal of
trees; promoting the protection of existing trees.
As such, the subchapter requires tree removal
permits and proper mitigation standards if tree
removal is necessary and designates authorities
to enforce code and administer penalties. The
subchapter defines and provides a map of
designated Environmentally Sensitive Areas (ESAs)
Additionally, the subchapter provides development
standards for floodplains, Cross Timbers Upland
Habitat, and riparian ESAs. For such areas, a
percent tree canopy retention level is set for
residential and non-residential developments in
Cross Timbers Upland Habitat.
Subchapter 7 outlines requirements for landscaped
buffers that provide transition between different
land use areas by minimizing noise, light, and other
nuisances. This section designates types of buffers
and their associated canopy cover.
This subchapter requires tree protection during
construction as outlined in the tree protection
detail. Standards for relocating heritage and quality
trees are provided. Additionally, the subchapter
provides pruning guidelines and defines other
activities that could influence tree replacement
standards. Designates when tree removal permits
are needed during land disturbance activities and
requires protection of street trees during land
disturbance activities. The subchapter defines
scenarios which necessitate tree mitigation. Tree
mitigation can include replacement plantings or
payments to the Tree Fund.
The purpose of the Tree Fund is defined and
includes the purchase, planting, maintenance, and
preservation of trees in the City. Tree Preservation
is further supported through preservation
incentives, called preserved credits. Credits are
awarded for when preservation goes beyond the
minimum requirement and can be applied towards
landscape canopy requirements. The subchapter
authorizes enforcement for standards on protected
trees, and allows the Director to approve removals
of protected trees if determined to endanger public
health, welfare, or safety.
The subchapter requires a Tree Survey and
Preservation/Replacement Plan to include details
on all protected trees within the area impacted by
the development. The Tree Survey and Preservation
Plans must meet the minimum preservation
requirements for each classification of protected
tree (e.g. Landmark Tree or Heritage Tree, Quality
Tree, of Secondary Tree).
This subchapter lists circumstances for exceptions
to tree preservation and removal. Alternatives to
tree replacement requirements are also included,
which provide alternatives to the tree replacement
requirements (e.g. preserved credit, replacement
trees, payment to the Tree Fund, tree donation, and
conservation easement). Incentives for preserving
or replacing trees as well as reducing hardscapes
are outlined.
Sets minimum standards for percent tree canopy
coverage throughout the City, including for the
different ecoregions present in Denton. The
subchapter applies minimum requirements for
canopy cover and landscaping elements according
to zoning.
Landscaping elements require a designated
percent of new plantings to be contained within
the Landscape Plant List in the Site Design
Criteria Manual and maintenance guidelines.
The subchapter requires the use of appropriate
planting materials and the landscape area point
system as standards for public areas. Different
buffers are required by zoning and adjacent land
use, and standards for such buffers are also
provided. Parking design standards also include
landscape screening. This subchapter also outlines
enforcement of, and alternatives to the landscape
standards for development sites and buffers that
include payment in lieu of planting.
The subchapter designates street tree planting
standards with specifications on location, spacing
and planting plans that require species diversity,
planting standards for trees, and maintenance.
Outlines protections for street trees. Designates
property owners responsible for maintaining
adjacent street trees.
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Subchapter 8: Subdivisions
Subchapter 8 recognizes ESAs in the development
of subdivisions and references the landscape
requirements provided in Subchapter 7 to be used
in lands set aside for common open space.
Subchapter 9: Definitions
Subchapter 9 defines tree and forest related terms
2012 SIMPLY SUSTAINABLE DENTON
Simply Sustainable: A Strategic Plan for Denton's
Future is a comprehensive report meant to improve
sustainability -related programming throughout
the City. In collaboration with the community,
the City created a vision, "to improve our
environment, create economic value, and support
and strengthen our community", which guided the
Simply Sustainable document. Although the Plan
identifies eight focus areas (Water; Air Quality and
Greenhouse Gas Management; Energy Efficiency
and Conservation; Land Use and Open/Natural
Space; Transportation; Education, Communication
and Community Involvement; Material Resource
Management; and Local Food Production), the
Land Use and Open/Natural Space focus area
emphasizes the importance of the urban forest.
The Plan recommends preserving and maintaining
the green infrastructure, while aiming to enhance
tree canopy cover overtime (from 19% in 2011).
Importantly, the Simply Sustainable Denton Plan
identifies the need to set targets for increased
canopy cover goals and places a high priority on
developing and implementing Tree Code.
DENTON MOBILITY PLAN —
2012 DENTON BIKE PLAN
The Denton Mobility Plan is currently being
updated. The 2012 Denton Bike Plan supports the
environmental, access, and safety goals contained
in the Denton Plan 2030, as well as, safety goals
of the US Department of Transportation. For
example, the Denton Plan 2030 envisions creating a
network of green infrastructure throughout the City.
Tree plantings around pedestrian and bike trails
provide barriers that lessen the impact of adjacent
cityscapes (e.g. traffic, noise, and air pollution) and
increase the overall aesthetics of the community.
Tree canopy can also improve the character and
usage of trials by increasing shading and helping
mitigate the effects of the urban heat island.
DENTON PARKS, RECREATION AND
TRAILS MASTER PLAN
The working Parks, Recreation, and Trails Master
Plan was accepted in 2001 and updated in
2009. The development of a new Master Plan
which reflects the changes in the community is
currently underway.
DENTON MUNICIPAL ELECTRIC
BROCHURE
If a tree canopy has the potential to grow into
above ground utility lines, then it becomes a safety
hazard and warrants intervention. The Denton
Municipal Electric Brochure outlines ways to
prevent tree and utility line conflicts and explains
Denton Municipal Electric (DME) procedures when
conflicts arise. For prevention, DME encourages
residents to plant small stature trees that would
not interfere with above ground utility lines when
their mature heights are reached. DME resolves
emergency situations typically through contracts
with certified arborists to prune trees and maintain
safe distances from utility lines.
CITY OF DENTON INTEGRATED PEST
MANAGEMENT PROGRAM
Approved by City Council in May of 2019, the
Integrated Pest Management Program affirms
the City's intentions to provide a holistic approach
to managing pests that are harmful to the health,
function or aesthetic value of park landscapes and
public health. The Integrated Pest Management
Program applies multi -faceted strategies that
minimize economic, health and environmental risks.
The Program includes goals to increase
connectivity to nature and enhance sustainability
through conservation practices within parks;
create and maintain a safe environment for the
community; provide a natural, healthy, educational,
and social environment; educate and promote
natural areas and cultural practices; and ensure
stewardship of fiscal resources. The Program
provides a definition of "IPM" consistent with U.S.
Environmental Protection Agency publications.
The Program identifies multiple strategies for
the management of pests including prioritization,
tolerance thresholds, design, plant selection,
cultural practices, mechanical and physical control,
biological control, and pesticides. The Program
identifies 19 strategies that outline the City's
policies on pest management including; licensing
and training, pest management procedures,
pesticide material management, safety measures
and emergency response, and targeted pest
management.
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* What do we have
CONCLUSION
As a Tree City USA, Denton is well aware of the
importance of trees and urban forests to the
health and sustainability of their community. With
a dedicated, well-trained Urban Forester and an
active non-profit (Keep Denton Beautiful, Inc.)
that provides educational programming on the
importance of trees, the City is well positioned
to sustain the health and environmental benefits
provided by its urban forest.
The local non-profit, Keep Denton Beautiful, Inc.,
has been invaluable for the last 30+ years in
engaging the community through educational
activities, volunteer tree planting events, and the
annual Denton Redbud Festival. Keep Denton
Beautiful continues to be a strong advocate on the
behalf of the urban forest, but also for providing
a robust volunteer base.
Because the urban forest is a dynamic, growing,
and ever-changing resource it will require sound
and proactive management to fully realize its
maximum potential. Trees are an integral part
of the urban landscape and the one component
of urban infrastructure that has the potential to
increase in value over time and with proper care!
Denton is a leader in sustainability, which is reflected
in recent revisions to the Denton Development Code
to expand tree canopy cover in new development
and through the Tree Fund. While this fund has
been greatly beneficial to the enhancement of
Denton's urban forest, much of the funds have
been unavailable for use as a result of competing
interests in how the fund should be distributed. Clear
direction on the intent of the Tree Fund, whether it
is to purchase land with existing trees to preserve
for future generations or to fund tree plantings
throughout the City, will allow for more opportunities
to use the fund efficiently and cost-effectively.
State of the Denton Urban Forest Report (2016)
determined that the current tree canopy cover is
28%. A planting priority analysis determined that
there are 32,009 acres on public and private land
where additional trees could be planted. While this
significant amount of acreage highlights areas of
opportunity to increase tree canopy cover through
additional trees plantings, there are some other
considerations that should be taken into account.
For instance, some of the acres identified as able
to support tree plantings are actually planned for
development (residential and commercial). These
areas will eventually represent a mixture of land
cover that includes both hardscape (impervious
surface) and tree canopy. It is also important to
recognize that impervious surfaces and canopy
cover can co -exist in many instances especially
with the incorporation of appropriate design
standards. Canopy that extends over hardscape
features (including parking lots, streets, and
structures) can add to the overall amount of
canopy cover and reduce the ratio between canopy
cover and impervious surfaces. In addition, shade
provided by tree canopy can demonstrably extend
the life span of materials used in the construction
of hardscape features (McPherson et al, 2005).
Currently utilities compete for space within the
public right-of-way (water, electric, sewer, etc.).
Utility easements can restrict the amount of space
available for planting a tree, making it challenging
to meet Design Standards intended to promote tree
canopy cover, as well as, provide the necessary soil
volume to support a tree throughout its lifetime.
While the State of the Denton Urban Forest Report
(2016) provided estimates of the species that
comprise Denton's urban forest, the study did not
include an inventory of all City -planted trees. A tree
inventory is crucial to understanding the health of
the community tree resource and also the necessary
maintenance needs of trees in the public right-of-
way. A complete inventory would provide the Urban
Forestry Division with information to determine the
resources required to address the maintenance
requirements of trees in parks and in the public right-
of-way (all of which would improve public safety).
Adjacent property owners are currently responsible
for all maintenance needs of trees planted in the
public right-of-way. Many property owners are
unaware of their responsibilities or may ignore
maintenance until they are cited by Community
Improvement Services or the tree is dead. Lack
of maintenance poses a risk to the public and
can greatly reduce the environmental benefits
these trees provide to the community. With a
complete inventory of trees, the City could explore
the feasibility of transitioning the maintenance
responsibility of trees from adjacent property
owners to the City.
With a highly mobile population in Denton, pests
and pathogens that threaten the health and
longevity of urban trees is an ever-present threat.
Among the pests that are a concern is the emerald
ash borer (EAB) which effects all species of ash (it
was recently discovered in Fort Worth). This pest
has proven throughout much of the Midwest to be
a highly destructive and expensive pest to manage.
Denton's urban forest population is estimated to
have approximately 4% green ash (140,000 of the
3.5 million trees in Denton) which could prove to be
costly and result in significant losses to the overall
tree canopy cover. Monitoring for this pest is
critical in ensuring early detection and proactively
manage this highly destructive pest.
If EAB or some other pest arrives in Denton, a
potential challenge will be the City's inability to
require property owners to remove dead, dying,
or diseased trees on private property. Not only do
these dead, dying, or diseased trees pose a threat
to public safety, but if infested with a damaging
pest, these trees could negatively affect the entire
urban forest if infestation spreads. Without an
amendment to the Code of Ordinances, the City has
no ability to protect the public or the urban forest
from such trees.
Ultimately, protecting and growing the urban forest
requires a commitment from the entire community.
While growth and development are vital to the
economic well-being of Denton, preservation of the
urban forest is equally important for ensuring that
quality of life expectations are maintained. Adopting
and enforcing proactive preservation objectives that
compliment development goals and recognize the
rights of property owners will ensure that Denton
remains a vibrant and attractive community.
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32
* What do we want'
To better understand how the community values the
benefits of the urban forest resource and to provide
residents and other stakeholders an opportunity to
express their views about management policy and
priorities, the Plan development process included
two community meetings.
Managing Partners
While awareness may vary, many individuals and
departments within the City share some level of
responsibility for the community urban forest,
including planning for, caring for, and/or affecting
the policy of urban forest assets. City partners were
invited to participate in an interview and discussion
about their role and perspective for the urban
forest as well as their views, concerns, and ideas
for the Plan. These interviews provided important
information about the current function of the Urban
Forestry program and potential for improvement.
Concerns, requests, and suggestions from all
stakeholders were of primary interest and were
provided full consideration in the development of
the Plan.
Key concepts gathered through the stakeholder
interview process include the following:
Dead, dying, or diseased trees on private
property pose a threat to public and private
property and public safety, but the City has no
jurisdiction over the removal of these trees.
2. Loss of natural oak stands as a result of rapid
development, climate change, flood control,
and poor species selection are the biggest
challenges looking ahead to the future.
3. Competing utility easements restrict the space
available for planting trees.
4. There is a strong desire to have an active and
engaged community group whose goal is to
preserve and protect the urban forest as well as
the Cross Timbers ecoregion in natural areas
and expanding developments.
5. There is a need for more education, or a
modification to the current code, regarding the
care of trees planted in the public right-of-way
within residential areas. Not all homeowners
realize their responsibility to care for these
trees; as a result, not all trees are receiving
adequate care.
6. Trees are primarily valued for aesthetics;
privacy screening, greening, and property
value improvements, as well as environmental
benefits; shading, and improving air quality.
7. Some view trees as a hindrance to development
and solar energy infrastructure, or a
complication to maintenance activities.
Table 21 Managing Partners
Denton Municipal Electric 4
Water Utilities/Environmental Services/
Watershed Protection
Parks, Recreation &
Beautification Board
F� Solid Waste
Fire/Community Improvement Services
Keep Denton Beautiful, Inc.
Planning/Development Services/
Building Inspections
- Engineering
How do they protect the heavily wooded areas, how
do they preserve natural areas, and build an urban
forestry department?
* MANAGING PARTNERS
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What do we want? 33
* What do we want'
Community Partners
Community partners that impact Denton's
urban forest were engaged in a discussion. Six
community partners were identified for input
including Keep Denton Beautiful, Inc., Texas Trees
Foundation, Denton County, Denton Community
Development Alliance, Dallas Builders Association,
and Preservation Tree, the Consulting Group.
Meetings were held on August 20th and August
21st, 2019 to engage with each partner about a
series of questions and discussion sessions.
Community partners were asked to speak on
their role in the care/advocacy of Denton's urban
forest. Each partner provides unique services that
directly or indirectly enhance the urban forest.
Keep Denton Beautiful organizes tree education
programs, fundraising, and supports urban forestry
related advocacy programs. Additionally, they act
as a liaison between stakeholder groups. Texas
Trees Foundation helps bring partners together and
provides support to implement planning decisions.
The Denton Community Development Alliance
considers land development and urbanization,
and advocates for a balanced and equitable urban
forest. Dallas Builders Association is an advocate for
residential construction and the development sector.
Overall community partners feel that the City's
Urban Forestry Division is striving to do what is
right for Denton's urban forest and community
residents. Partners recognized the Urban Forestry
Division for providing long standing programing
and places for the public to engage.
Several major challenges and opportunities were
identified for the urban forest over the next 5 to 20
years. The primary concerns were (1) determining
the right trees to plant during a period of changing
weather patterns, (2) protecting and growing the
urban forest in the midst of rapid development, and
(3) increasing the canopy cover and level of tree
care in non-residential areas of Denton.
Denton's current canopy cover is estimated at 28%.
Although some community partners supported
an increase in canopy cover, their consensus is
to consider economic and environmental factors
when deciding upon future plantings. Participants
encouraged enhancing canopy cover for certain
land use space such as commercial and parking lot
plantings, as well as increasing tree diversity.
Community partners advocated for tree planting
efforts on all kinds of City property including parks,
right-of-way, new residential neighborhoods, and
commercial complexes. Additionally, partners
suggested identifying tree canopy goals by land use
type (instead of one canopy goal for the entire City).
Currently, trees planted by the City within the public
right-of-way are the responsibility of the adjacent
property owner. Community partners thought that
property owners should not be obligated to care for
public right-of-way trees. However, funding would
be needed for the City to assume the maintenance
of neighborhood trees. Partners suggested
receiving funding from: 1) the General Fund, 2) the
existing Tree Fund, 3) a tree care fee, 4) or property
taxes in order for the City to maintain these trees.
In regard to natural areas, community partners
encouraged preservation through (1) incentivizing
developers and landowners to preserve existing
natural areas, (2) accepting natural areas as parks,
(3) establishing guiding documents to discourage
the removal of natural areas, (4) expanding upon
current ideas of natural areas that would fit
community goals and preservation challenges (i.e.
add fruit and nut trees, habitat, leave snags and
over growth, increase species diversity), and (5)
forming collaborative networks such as land trusts
or co-ops to advocate for preservation.
According to the Code of Ordinances, the City
has some ability to require property owners to
abate grass and weeds, but there are no specific
provisions for dead, dying, or diseased trees on
private property which pose a threat to public
property and/or safety. Community partners thought
the Code of Ordinances should be amended to
support the City's ability to protect the public from
such trees but cautioned that the Urban Forestry
Division might not have the means or the funding
to be able to provide this service at no cost or a
reduced cost.
GN
81
* What do we want'
Community Meetings
Two community meetings were held during the
Plan development process. Both meetings were
advertised through social media City emails, City
website, and City newsletters.
The first meeting was held on Thursday, August
1st, 2019, from 6:00 p.m. to 8:00 p.m at City Hall
and was attended by 36 community members.
The meeting included a presentation about the
community's urban forest and current program
status. Following the presentation, attendees
participated in a discussion and planning session
to identify goals and objectives for the Urban
Forest Master Plan.
Attendees were asked to provide their expectations
for public tree maintenance, locations for
additional tree plantings, and potential canopy
goals. Participants were also asked to share their
opinions on types of education and outreach and
the best opportunities for providing educational
materials and outreach activities.
Urban Forestry Staff engaged with community
members to understand their opinions on
amending the Code of Ordinances to allow the
City to require private property owners to remove
dead, dying, or diseased trees that pose a threat to
public property and safety. Additionally, residents
were asked about their stance on the City caring
for trees in the public right-of-way. Finally, residents
were asked their preferences on the use of the Tree
Fund, whether funds should be used to purchase
land to preserve existing trees or to fund additional
tree plantings.
More than 25% of responses to the question about
canopy goals indicated that they were not in favor
of a goal of no net loss of canopy. While over
31% of the responses to the question indicated
goals of a 35 to 52°% canopy cover, nearly 43% of
the responses indicated that participants were
interested in additional information on the canopy
goals, most notably goals based on land use type.
Participants were asked to indicate their
preferences on where trees should be planted in
Denton. Nearly 23% of respondents to the question
indicated that they did not support a policy of not
planting more trees. New developments were
favored by 25% of respondents as a focus area for
new tree plantings. Support for other planting areas
was varied, but widely positive with nearly 31% in
favor of tree plantings regardless of location.
Over 38% of respondents did not support a "Keep It
Natural" or no maintenance approach when asked
about the desired level of care for public trees.
Coincidentally, 35% of respondents to the question
indicated that they would prefer proactive or a
plant health care -based approach. Notably, 20°%
of respondents indicated that they were not sure
about the level of care that would be appropriate
and would require additional information.
Dead, dying, or diseased trees on private property
are not an uncommon site in Denton. While
Community Improvement Services frequently
receive complaints about such trees where
members of the public are concerned about public
safety, the City has no ability to require private
property owners to remove such trees. Input was
sought on revisions to the Code of Ordinances to
require property owners to remove dead, dying,
or diseased trees that endanger public property
and safety. While over 33% of respondents to the
question indicated support for an amendment (only
one person indicated that they would not support
such an amendment) the majority of respondents
(61%) indicated that they were not sure and would
require additional information.
According to the Denton Development Code,
trees required by the City to be planted in the
public right-of-way are the responsibility of the
adjacent property owner. Urban Forestry staff
were interested in gauging the community's
support of this policy and asked if the City
(instead of the adjacent property owner) should
care for neighborhood trees in the public right-of-
way. Nearly 47% of respondents to the question
indicated support for this change in policy.
Similarly, nearly 37% of respondents indicated
that they did not support the City not maintaining
neighborhood trees in the public right-of-way. Like
other questions posed to the community, over
16% of respondents were not sure and wanted
additional information.
Questions posed to participants about the best
methods of outreach and topics for education
indicated that community members appreciate
multiple methods of outreach and engagement.
Of the educational topics that most interested
participants, 20% of respondents wanted
educational materials to help them decide which
tree to plant in their yard.
Urban Forestry Staff also wanted to understand
the community member's opinion on how
the Tree Fund should be used in Denton.
Community members had numerous ideas such
as tree giveaways, street median and sidewalk
improvements, grants for local nurseries to
cultivate appropriate tree species, mapping of
the Cross Timber Region, tree spades for moving
valuable species for preservation, saving big
trees, and funding for tree removal assistance.
There was no clear consensus on how funds
should be allocated as maintenance on
conservation easements had the most support
(only 12% of respondents).
Although participants were not asked directly
about the conservation of the Cross Timbers
Region, numerous community members
verbalized their concerns for this natural resource
and its preservation.
The second meeting was held on Thursday,
January 9th, 2020, from 6:00 p.m. to 8:00 p.m.
at City Hall. The meeting included a presentation
of the proposed goals and objectives that were
recommended in the Plan based on the review
process and feedback from the first meeting, held
on August 9th, 2019. The meeting was attended by
38 community members.
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* What do we want'
Plan, Goals, & Actions
Based upon a review of the current Urban
Forestry program and resources, and input from
the community and other stakeholders, the Plan
identifies nine goals and seven existing policies
that support and represent what Denton residents,
stakeholders, and staff want for the future of
Denton's urban forest. These goals and existing
policies, and the strategies that support them, are
intended to optimally manage the City's community
forest in an efficient, cost-effective, sustainable,
and safe manner. Through this collaborative
stakeholder and community input process,
the Plan identifies three major focus areas:
1. A safe and healthy urban forest
2. Sustain environmental benefits
3. Engage the community to ensure the future of
the urban forest
66
Denton loves their trees no matter what condition,
species or location.
*
PARKS MANAGER,
CITY OF DENTIN
36 Urban Forest Master Plan
FOCUS AREA: A SAFE AND HEALTHY
URBAN FOREST
This focus area aims for the implementation of more
proactive and quality tree maintenance. In general,
trees pose a minimal risk to the public, but tree care
should be taken into consideration when striving
to make the community safer and the urban forest
more resilient.
Goal 1: Efficiently manage the community tree
resource.
Striving to obtain information on all existing trees
and vacant sites present in the urban forest will
enhance staff's ability to determine areas with
priority for tree care or planting. As a result,
maintenance can be done in a more efficient
manner.
Goal 2: Promote tree health and good structure.
When trees are well-maintained throughout their
lifetimes, the risks trees pose to the public are
reduced. Promoting tree health and good structure
decreases the chances of having hazardous trees in
the community and helps prevent tree conflicts with
utilities.
Goal 3: Mitigate and reduce risk of wildfire.
Living in areas, which are vulnerable to wildfire,
comes with the responsibility of managing and
reducing the risks that come with that exposure.
Wildfires are a naturally occurring event and
therefore cannot be prevented from occurring.
Denton and its community members have the
ability to mitigate and reduce the risks and potential
impacts of wildfire when it occurs.
6.
ML
b
Vie.
r rS•''% 'i
83N.
* What do we want'
FOCUS AREA: SUSTAIN ENVIRONMENTAL
BENEFITS
This focus area aims to preserve and enhance
the existing tree canopy thereby maintaining
the numerous benefits provided by the urban
forest. It is prudent to grow the urban forest
in a sustainable manner to ensure that trees
are planted and to also plan so that trees are
maintained throughout their lifetimes.
Goal 4: Recognize trees as green infrastructure.
Trees are essential infrastructure that need to be
planned for during design, similar to other utilities
Considering trees as green infrastructure aims to
ensure their longevity through the planning and
implementation of comprehensive designs.
Goal 5: Promote tree preservation and protection.
As the community grows, it is important to
promote the protection of community trees. In
addition to following the current tree protections,
the Code of Ordinances should be periodically
reviewed and revised to refine and identify
requirements to support the urban forest and
canopy cover goal.
Table 31 Canopy Goals for Future Land Use
Residential
Commercial
Industrial
Other
All Land Use Designations
Goal 6: Develop a City-wide planting plan.
Planting plans not only encourage the opportunity
to maintain or enhance future tree canopy they
can also optimize the benefits that are gained
from the urban forest (based on planting priority
and choosing the right tree species for the
space). Furthermore, planting plans can prioritize
the equitable distribution of canopy cover and
support canopy goals set for various land use
designations (Table 3).
Goal 7: Plant Health Care (PHC) policies.
Pests and disease will always be a threat to the
urban forest. Implementing a Plant Heath Care
strategy will make the urban forest more resilient
and able to withstand invasive species. The strategy
should incorporate the use of multiple tools for
preventing pest and disease establishment and
managing current pest problems.
28,412
8,415
9,025
16,423
62,275
FOCUS AREA: ENGAGE THE
COMMUNITY TO ENSURE THE FUTURE
OF THE URBAN FOREST
The urban forest is more likely to be
preserved and maintained by a community
that understands the benefits it provides.
Connecting the community to the urban forest
creates an environment for the community
members to advocate for the urban forest.
Goal 8: Support community engagement and
stewardship of the urban forest.
Although the City is not directly responsible
for the care of trees on private property, all
trees are an important component of the urban
forest. Education and outreach to encourage
best management practices for trees on private
property should be done to support the wellness
and benefits of the overall urban forest.
Goal 9: Celebrate the importance of urban trees.
Community designations and events surrounding
the urban forest build awareness and excitement
that ultimately encourages constituents to help
build upon existing canopy.
55.0% 15,627
10.0% 842
25.09/o 2,256
40.0Wo 6,569
40.6/,►
25,294 11
7%
t
84
* How do we get there?
The goals and actions proposed by the Urban
Forest Master Plan are organized by focus areas:
1. A safe and healthy urban forest
2. Sustain environmental benefits
3. Engage the community to ensure the future of
the urban forest
Each focus area is supported by measurable
goals, existing policies, and specific actions
that are intended to guide Denton's urban forest
programming over the next 20 years, providing
the foundation for annual work plans and budget
forecasts. Many goals and actions support more
than one focus area.
For each action, the Plan identifies a priority, a
suggested timeframe for accomplishing the action,
an estimated cost range, and potential partners.
Priority is identified as:
• High- An action that is critical to protecting
existing community assets, reducing/
managing risk, or requires minimal resources to
accomplish
• Medium- An action that further aligns
programming and resource improvements
that have been identified as desirable by the
community, partners, and/or urban forest
managers, but that may require additional
investment and financial resources over and
above existing levels
• Low- An action that is visionary, represents an
increase in current service levels, or requires
significant investment
38 Urban Forest Ma:
The estimated cost is categorized in the following
ranges:
• $ (less than $25,000)
• $$ ($25,000-$100,000)
• $$$ ($100,000-$200,000)
• $$$$ (greater than $200,000)
The Plan is intended to be a dynamic tool that
can and should be adjusted in response to
accomplishments, new information and changes in
community expectations, and available resources.
In addition to serving as a day-to-day guide for
planning and policy making, the Plan should be
reviewed regularly for progress to ensure that the
actions and sub actions are integrated into the
annual work plan.
Texas
PERFORMANCE MEASUREt
Focus Area: A safe and healthy urban forest
Goal It Efficiently manage the community tree resource,
Complete inventory and plans for maintenance cycles for the
community tree resource.
RATIONALEt
A complete inventory of City -planted trees would allow the Urban
Forestry Division to identify maintenance needs and determine the
feasibility of the City caring for City -planted trees in neighborhoods.
Additionally, an inventory can be used to quantify the ecosystem
services provided by public trees.
RISKt
A lack of understanding of the age, structure, benefits, and
maintenance needs of public trees makes the community tree
resource vulnerable to loss of canopy cover. It also creates
challenges in responding to pests and could increase the costs of
managing such threats.
BENEFITt
A better understanding of the public tree resource enables Urban
Forestry Division staff to prioritize tasks, improve efficiency, and
better plan for and manage pests and pathogens.
OBJECTIVEt CO
Improve understanding of the structure and composition of $
Denton's community tree resource.
ACTIONSt
1. Conduct an inventory of all trees in parks, open space, trails,
City facilities, and public right-of-way.
a. After completion, regularly update inventory data as
maintenance occurs.
b. Compare and contrast the use of contractors versus an
in-house crew.
c. Consider redistributing funds to provide more proactive
maintenance.
d. Include potential tree planting sites to assist in planning for
future plantings.
2. Conduct a Resource Analysis for public trees to understand the
benefits provided by the public tree resource.
3. Consider the use of TreeKeeper® or similar tree inventory
management software.
4. Review Urban Forest Master Plan goals every 5 to 10 years,
and report progress via The State of the Urban Forest Report.
M
How do we get there? 39
Focus Area: A safe and healthy urban forest
Goal h Effieiently manage the eommunity tree resource.
PERFORMANCE MEASURES
Complete inventory and plans for maintenance cycles for the
community tree resource.
RATIONALEz
A complete inventory of City -planted trees would allow the Urban
Forestry Division to identify maintenance needs and determine the
feasibility of the City caring for City -planted trees in neighborhoods.
Additionally, an inventory can be used to quantify the ecosystem
services provided by public trees.
RISKz
A lack of understanding of the age, structure, benefits, and
maintenance needs of public trees makes the community tree
resource vulnerable to loss of canopy cover. It also creates
challenges in responding to pests and could increase the costs of
managing such threats.
BENEFITt
A better understanding of the public tree resource enables Urban
Forestry Division staff to prioritize tasks, improve efficiency, and
better plan for and manage pests and pathogens.
40 Urban Forest Master Plan
OBJECTIVEz COST TARGET PRIORITY
Following completion of a tree inventory, develop pruning and $ 1-5 YEARS MODERATE
maintenance cycles.
ACTIONSt
1. Identify costs required to maintain trees in parks and within the
public right-of-way.
2. Distribute maintenance needs evenly across grids or
maintenance areas.
a. Aim to provide maintenance according to the industry
standard of 4-5 years.
b. Consider areas that have been slated for development or
areas considered for annexation.
3. Publish maintenance cycles on the Urban Forestry Division
web page.
a. Include maintenance cycle maps.
b. Project timeframes for maintenance.
4. Review the Urban Forest Master Plan, and provide updates
as needed.
Denton
Focus Area: A safe and healthy urban forest
Goal h Effieiently manage the eommunity tree resource.
PERFORMANCE MEASUREz OBJECTIVEz COST TARGET
Complete inventory and plans for maintenance cycles for the Continue to use planting funds successfully. $ ONGOING
community tree resource.
ACTI(aNSz
RATIONALEz 1. Determine a planting schedule to guide and prioritize new tree
A complete inventory of City -planted trees would allow the Urban plantings.
Forestry Division to identify maintenance needs and determine the
feasibility of the City caring for City -planted trees in neighborhoods. 2. Plant the largest species of tree possible in the available space.
Additionally, an inventory can be used to quantify the ecosystem
services provided by public trees. OBJECTIVE z
Review the Urban Forest Master Plan, and provide updates as
RISKz needed.
A lack of understanding of the age, structure, benefits, and
maintenance needs of public trees makes the community tree ACTIONS z
resource vulnerable to loss of canopy cover. It also creates 1. Review Urban Forest Master Plan (UFMP) goals every 2 to 5
challenges in responding to pests and could increase the costs of years.
managing such threats.
BENEFITz 2. Adjust targets to continue to align with:
A better understanding of the public tree resource enables Urban a. Community values and expectations of the urban forest.
Forestry Division staff to prioritize tasks, improve efficiency, and
better plan for and manage pests and pathogens. b. Funding availability.
c. City goals, policies, and actions.
3. Conduct a State of the Urban Forest Report (at year one),
then every two to five years.
4. Report progress and challenges of the UFMP via
The State of the Urban Forest Report.
PRRIORITY
MODERATE
Texas How do we get there?1
Focus Area: A safe and healthy urban forest
Goal 2z Promote tree health and good Structure,
PERFORMANCE MEASUREz
Reduction in removals and claims against the City.
RATIONALEz
When the minimum level of care is met for all community trees,
the potential for all the trees to reach maturity increase and the
benefits provided by those trees also increases as trees mature.
RISKz
The community tree resource and the greater urban forest could
suffer significant losses to tree canopy cover as a result of
removals or from pest infestations due to lack of maintenance.
BENEFITz
Regular maintenance and inspection of the community tree
resource promotes better tree health and structure, which reduces
the number of removals, branch and tree failures as a result of poor
structure, and increases the benefits provided to the community.
i
42 Urban Forest Master Plan
OBJECTIVEz
Explore the feasibility of the City taking responsibility for the
maintenance of community trees in neighborhoods.
ACTIONSz
1. Examine the resources that would be required to maintain
community trees in neighborhoods.
2. Consider current staffing levels.
a. Explore the addition of staff to the Urban Forestry Division.
b. Consider the use of contractors to complete maintenance tasks.
OBJECTIVEz
Revise policies and standards for pruning young trees to promote
healthy growth and structure.
ACTIONSz
1. Allow for flexibility for clearance and visibility requirements
for young trees to promote good structure and health.
COST
COST
TARGET
1 YEARS
TARGET
5 YEARS
PRIORITY
HIGH
PRIORITY
MODERATE
1;.
Denton
Focus Area: A safe and healthy urban forest
Goal 2z Promote tree health and good structure,
PERFORMANCE MEASUREz
Reduction in removals and claims against the City.
RATIONALEz
When the minimum level of care is met for all community trees,
the potential for all the trees to reach maturity increase and the
benefits provided by those trees also increases as trees mature.
RISKz
The community tree resource and the greater urban forest could
suffer significant losses to tree canopy cover as a result of
removals or from pest infestations due to lack of maintenance.
BENEFITz
Regular maintenance and inspection of the community tree
resource promotes better tree health and structure, which reduces
the number of removals, branch and tree failures as a result of poor
structure, and increases the benefits provided to the community.
OBJECTIVEz
Ensure community trees are maintained according to industry
standards to promote tree health, longevity, and also public safety.
ACTIONSz
1. Educate community members about their responsibilities in the
care of public trees.
2. Use current ANSI and BMPs.
3. Consider requiring professional licensing for tree care
companies operating within City limits.
COST TARGET
$ 5 YEARS
PRIORITY
MODERATE
M
How do we get there? 4{3
Focus Area: A safe and healthy urban forest
Goal 3z Mitigate and reduce risk of wildfire.
PERFORMANCE MEASUREz
Reduction in ladder fuels and a Community Wildfire Protection Plan.
RATIONALEz
According to the Texas Wildfire Risk Assessment Portal, Denton
has vulnerabilities to wildfire. Wildfires are a naturally occurring
phenomenon, but Denton and its community members have a role
in mitigating the risks associated with living in the Wildland Urban
Interface.
RISKz
Wildfires result in the burning of forests and pastureland, but also
accumulate in the staggering loss of property and life. Recovery
from wildfires can have negative economic impacts for years
following fire.
BENEFITz
Mitigating the risk of fire, reduces the likelihood of losses to
property and life.
44 Urban Forest Master Plan
OBJECTIVEz
Contribute to a fire safe community.
ACTIONSz
1. Initiate contact with the Texas A&M Forest Service Wildland
Urban Interface (WUI) Specialist to assist in developing a
Community wildfire protection plan.
2. Reduce ladder fuels in natural areas.
COST
TAI
ONG
IA
Focus Area: Sustain environmental benefits
Goal 41 Reeognize trees as green Infrastrueture.
PERFORMANCE MEASURES OBJECTIVEz COST TARGET
Reduced number of removals and conflicts reported between trees Minimize the encroachment of other utilities. $ 5 YEARS
and other utilities.
ACTIONSz
RATIONALEz 1. Consider amending clearance and visibility standards to avoid
Designating trees as green infrastructure designates trees as a key excessive pruning of young or newly established trees.
element in cityscapes, as is expected for other infrastructure.
2. Use root barrier to reduce root and sidewalk conflicts.
RISKz
Trees and other utility conflicts may result in undesirable pruning
or tree removals that could have been avoided through alternative
design solutions and repairs.
BENEFITz
Planning for trees limits the need to mitigate conflicts between
trees and other utilities and promotes tree longevity.
3. As the General Plan or other long-term planning documents are
revised, consider impacts on trees.
4. Maintain a Tree Focus Group to review changes to the Denton
Development Code.
5. Promote Complete Streets in the Denton Parks, Recreation and
Trails Master Plan and the Denton Mobility Plan.
PRIORITY
HIGH
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NO
Focus Area: Sustain environmental benefits
Goal 41 Reeognize trees as green Infrastrueture.
PERFORMANCE MEASURES
Reduced number of removals and conflicts reported between trees
and other utilities.
RATIONALEz
Designating trees as green infrastructure designates trees as a key
element in cityscapes, as is expected for other infrastructure.
RISKz
Trees and other utility conflicts may result in undesirable pruning
or tree removals that could have been avoided through alternative
design solutions and repairs.
BENEFITz
Planning for trees limits the need to mitigate conflicts between
trees and other utilities and promotes tree longevity.
IF, - r
OBJECTIVEz
Develop maintenance and design strategies for mitigating
conflicts with otherwise healthy trees.
ACTIONSz
1. Detour walkways around trees, ramping over roots, and
grinding down displaced sidewalk panels to reduce tripping
hazards without causing undue harm to critical roots.
2. Explore alternative sidewalk designs to allow space for trees
and compliance with ADA and avoid tree removal.
a. Crushed granite.
b. Gravel sub -base and other structural soils.
c. Other structural cells (Strata Cells or Silva Cells).
d. Interlocking concrete paver products.
e. Flexipave, a system similar to rubber sidewalks.
f. Alternative tree grate structures.
g. Polygrate, a recycled plastic form of tree grate.
COST TARGET PRIORITY
$-$$$ 10 YEARS MODERATE
r
1Il�
COST TARGET PRIORITY
$-$$$ 10 YEARS MODERATE
Focus Area: Sustain environmental benefits
Goal 4z Reeognize trees as green Infrastrueture.
PERFORMANCE MEASURES
Reduced number of removals and conflicts reported between trees
and other utilities.
RATIONALEz
Designating trees as green infrastructure designates trees as a key
element in cityscapes, as is expected for other infrastructure.
RISKz
Trees and other utility conflicts may result in undesirable pruning
or tree removals that could have been avoided through alternative
design solutions and repairs.
BENEFITz
Planning for trees limits the need to mitigate conflicts between
trees and other utilities and promotes tree longevity.
OBJECTIVEz COST TARGET
Ensure Design Standards adequately consider trees. $ 10 YEARS
ACTIONSz
1. Continue to require minimum canopy cover goals as identified
in Subchapter 7 of the Denton Development Code.
2. Revise Design Standards to include minimum parkway widths
to allow for tree plantings.
a. Consider expanding the minimum width of planting strips
from 5.5 feet to 8 feet.
I
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I
If s.
PRIORITY
MODERATE
5
s
Focus Area: Sustain environmental benefits
Goal 5z Promote tree preservation and proteetion.
PERFORMANCE MEASUREz
Reduction in removals and no -net loss in tree canopy cover.
RATIONALE:
Trees take a long time to grow. Preserving and protecting existing
j; trees ensures that the stream of benefits provided by community
?' trees is not lost or disrupted and has the opportunity to increase
this stream of benefits over time.
I
RISKz
Loss of tree canopy cover and associated environmental benefits.
III In
n!+1
f
R-
BENEFITz
Preservation of community trees, including iconic post oak trees,
ensures the environmental benefits are sustained and trees that have
been preserved and protected have the potential to provide even
more benefits to the community over the course of their lifetimes.
OBJECTIVEz COST
Revise and amend the Code of Ordinances to promote the $
protection of community trees.
ACTIONSt
1. Amend the Code of Ordinances to allow the City to require
private property owners to remove dead, dying, or diseased
trees that pose a risk to public property and safety.
2. Prohibit dumping and storage of deleterious substances
near trees.
OBJECTIVEz
Define the purpose and use of the Tree Fund.
ACTIONSz
1. The Tree Fund shall be allocated as follows:
a. 40% tree planting
b. 55% property purchase (see Property Purchase Criteria,
Appendix G)
c. 5% education/outreach
2. Enforce conservation standards laid out in the Denton
Development Code.
3. Explore ways to expand tree canopy through Open Space.
COST
TARGET PRIORITY
1-5 YEARS MODERATE
I I
TARGET
ONGOING
PRIORITY
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OBJECTIVEz COST
Revise and amend the Code of Ordinances to promote the $
protection of community trees.
ACTIONSt
1. Amend the Code of Ordinances to allow the City to require
private property owners to remove dead, dying, or diseased
trees that pose a risk to public property and safety.
2. Prohibit dumping and storage of deleterious substances
near trees.
OBJECTIVEz
Define the purpose and use of the Tree Fund.
ACTIONSz
1. The Tree Fund shall be allocated as follows:
a. 40% tree planting
b. 55% property purchase (see Property Purchase Criteria,
Appendix G)
c. 5% education/outreach
2. Enforce conservation standards laid out in the Denton
Development Code.
3. Explore ways to expand tree canopy through Open Space.
COST
TARGET PRIORITY
1-5 YEARS MODERATE
I I
TARGET
ONGOING
PRIORITY
AW10 :1:7_Ai:
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a
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Focus Area: Sustain environmental benefits
Goal 5z Promote tree preservation and proteetion.
PERFORMANCE MEASUREz OBJECTIVEz COST
Reduction in removals and no -net loss in tree canopy cover. Mitigate the impacts of development on native post oak stands. $
RATIONALE:
i Trees take a long time to grow. Preserving and protecting existing
j; trees ensures that the stream of benefits provided by community
?' trees is not lost or disrupted and has the opportunity to increase
this stream of benefits over time.
RISKz
Loss of tree canopy cover and associated environmental benefits.
III In
n!+1
BENEFITz
Preservation of community trees, including iconic post oak trees,
ensures the environmental benefits are sustained and trees that have
been preserved and protected have the potential to provide even
more benefits to the community over the course of their lifetimes.
i'
'r
I
i
I'
I'•
ACTIONSz
1. Avoid disturbance to soils as much as possible.
2. Set up Tree Protection Zones around post oak trees deemed
for preservation within development projects.
3. Continue to incentivize the preservation of post oak for
development projects.
OBJECTIVEz
Educate the community about their role in maintaining a safe
urban forest.
ACTIONSz
1. Provide a list of certified arborists and licensed professionals
to perform maintenance on private trees.
2. Provide educational materials on proper pruning techniques.
3. Provide education to property owners about the importance
of not planting trees under overhead utilities and identifying
underground utilities prior to digging a hole to plant a tree.
TARGET PRIORITY
I
ONGOING MODERATE
I I
COST TARGET
$ ONGOING
PRIORITY
MODERATE
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I
Focus Area: Sustain environmental benefits
Goal 6z Develop a City-wide planting plan.
PERFORMANCE MEASURES
More equitable distribution of tree canopy cover across the City.
RATIONALEz
A planting plan provides direction and clarity so canopy goals can be
set, tracked, and achieved.
RISK:
Although tree plantings would still occur, efforts may not be targeted
to areas where increased tree canopy would provide the community
with the maximum benefits.
BENEFIT:
Canopy goals are more easily set and reached.
Q;a
OBJECTIVEz
Achieve 40% canopy cover by 2040.
ACTIONS:
1. Adjust canopy goals per Land Use designation.
a. 55% for Residential
b. 25% for Commercial
c. 10% for Industrial
d. 40% for Other (rural and right-of-way)
2. Set a sustainable annual planting goal.
3. Promote the planting of trees on private property within areas
of high or very high planting priority.
4. Conduct a Land Cover Assessment with revised City
boundaries, including newly annexed areas.
5. Enforce conservation standards laid out in the Denton
Development Code.
6. Explore ways to expand tree canopy through Open Space.
COST TARGET
$ ONGOING
PRIORITY
MODERATE
III
+
r
V
Focus Area: Sustain environmental benefits
Goal 6z Develop a City-wide planting plan.
PERFORMANCE MEASURES (.OBJECTIVE: COST TARGET
I' More equitable distribution of tree canopy cover across the City. Promote species diversity in the urban forest. $ ONGOING
RATI(.ONALE: ACTIONS:
A planting plan provides direction and clarity so canopy goals can be 1. Continue to choose species that are better suited to the
set, tracked, and achieved. local climate.
i RISK: 2. Continue to avoid planting species of trees with similar
! Although tree plantings would still occur, efforts may not be targeted vulnerabilities to pests and disease as current species.
to areas where increased tree canopy would provide the community
with the maximum benefits. 3. Continue to incorporate native species into planting palettes.
fiL t
Q;a
BENEFIT:
Canopy goals are more easily set and reached.
4. Continue to use drought tolerant species.
5. Use pest and disease resistant species when available.
6. At a minimum, pursue species diversity goals that meet the 10-
20-30 rule, but strive for even greater diversity among genera.
7. Cease plantings of ash to mitigate impacts of emerald
ash borer.
PRIORITY
HIGH
FIN
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Focus Area: Sustain environmental benefits
Goal 61 Develop a City-wide planting plan.
PERFORMANCE MEASURES
More equitable distribution of tree canopy cover across the City.
RATI(•ONALE:
A planting plan provides direction and clarity so canopy goals can be
set, tracked, and achieved.
RISK:
Although tree plantings would still occur, efforts may not be targeted
to areas where increased tree canopy would provide the community
with the maximum benefits.
BENEFIT:
Canopy goals are more easily set and reached.
fill
Q;a
(•OBJECTIVE:
Encourage equitable distribution of tree canopy cover across the City.
ACTIONS:
1. Use planting priority mapping to identify planting sites within
higher planting priority areas.
2. Conduct planting priority analysis to identify planting sites
that would have the greatest impact of reducing urban heat
islands and stormwater runoff.
3. Classify and prioritize available planting sites based on:
a. Space and minimum planting setbacks.
b. Soil characteristics.
c. Irrigation infrastructure.
d. Landscape objectives and tree density.
e. Site constraints and existing infrastructure, including
hardscape, utilities (overhead and underground), bridges,
and culverts.
COST
TARGET PRIORITY
ONGOING MODERATE
Focus Area: Sustain environmental benefits
Goal 61 Develop a City-wide planting plan.
PERFORMANCE MEASURES
I' More equitable distribution of tree canopy cover across the City.
RATIONALEz
A planting plan provides direction and clarity so canopy goals can be
set, tracked, and achieved.
RISK:
Although tree plantings would still occur, efforts may not be targeted
to areas where increased tree canopy would provide the community
with the maximum benefits.
fiL t
Q;a
BENEFITz
Canopy goals are more easily set and reached.
OBJECTIVEz
Set emphasis on planting the right tree in the right place.
ACTIONSz
1. Reduce hardscape and utility conflicts.
2. Match tree species to soil and water conditions.
3. Match tree species to planter size and intended use.
4. Consider mature crown spread.
a. Optimize shade and environmental benefits by planting
large stature trees where feasible.
COST TARGET
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PRIORITY
MODERATE
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Focus Area: Sustain environmental benefits
Goal 6z Develop a City-wide planting plan.
PERFORMANCE MEASURES
More equitable distribution of tree canopy cover across the City.
RATIONALE:
A planting plan provides direction and clarity so canopy goals can be
set, tracked, and achieved.
RISK:
Although tree plantings would still occur, efforts may not be targeted
to areas where increased tree canopy would provide the community
with the maximum benefits.
BENEFIT:
Canopy goals are more easily set and reached.
OBJECTIVEz
Encourage the expansion of the urban forest through tree plantings on
private property.
ACTIONSz
1. Expand Arbor Day celebrations to include plantings of trees, in
addition to eastern redbud, to increase diversity.
2. Continue to provide trees to residents through the annual tree
give-away through Keep Denton Beautiful, Inc.
3. Provide educational materials to inform residents about the
dangers of planting trees near overhead utilities.
4. Regularly review and update species list to reflect diversity
goals and include species that are high performers.
5. Publish recommended species list on the Urban Forestry
Division webpage.
COST
TARGET PRIORITY
ONGOING MODERATE
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Focus Area: Sustain environmental benefits
Goal 6z Develop a City-wide planting plan.
PERFORMANCE MEASURES
More equitable distribution of tree canopy cover across the City.
RATI(.ONALE:
A planting plan provides direction and clarity so canopy goals can be
set, tracked, and achieved.
RISK:
Although tree plantings would still occur, efforts may not be targeted
to areas where increased tree canopy would provide the community
with the maximum benefits.
BENEFIT:
Canopy goals are more easily set and reached.
Irt•1
(.OBJECTIVE: COST TARGET
Support stormwater management through the strategic growth $ 10 YEARS
of canopy.
ACTIONSt
1. Consider the incorporation of trees in dry retention ponds.
2. Explore the use of bioswales in stormwater management
systems.
3. Consider a planting priority analysis with prioritization for
stormwater management.
il�t�•q'il� 5 I+ ..rji � ;r a � = a��:'�ir �•I
IJ
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PRIORITY
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Focus Area: Sustain environmental benefits
Goal 7z Adopt Plant Health Care (PHC) polieles.
PERFORMANCE MEASURES
Reduced impact from invasive species.
RATIONALEz
Being aware of and able to identify potential invasive species
allows managers to approach management and prevention in
a way that fits the community's resources.
RISK:
Undesirable species may become established and threaten
native species.
BENEFIT:
Using comprehensive information to outline best management
strategies that can be used to prepare for and/or manage invasive
species can lessen the detrimental impacts they have on the
urban forest.
OBJECTIVEz COST TARGET
Monitor invasive species.
$ 10 YEARS
ACTIONS:
1. Continue to follow Denton's Integrated Pest Management
program.
2. Reduce the impacts of Chinese privet in Environmentally
Sensitive Areas.
3. Inspect ash trees regularly for signs and symptoms of
emerald ash borer.
i di.L' Th 1 t�11� :{ i'} �rr °I i : 1
PRIORITY
MODERATE
I
1103
Focus Area: Engage the community to ensure the future of the urban forest
Goal 81 Support eommunity engagement and stewardship of the urban forest,
PERFORMANCE MEASUREt
Participation in forestry programming.
RATIONALEt
An educated and engaged community is more likely to support and
advocate for the urban forest.
RISKt
Apathy towards the urban forest may result in loss in benefits
provided by the urban forest to the community.
1
BENEFITt
i' A community that supports the urban forest protects the urban
G. forest and therefore the benefits that it provides to the City.
OBJECTIVEt COST
Develop and maintain a web page for the Urban Forestry Division $
on the City website.
ACTIONSt
1. Consolidate important tree -related information on the City website.
2. Summarize maintenance responsibilities of adjacent property
owners for City required planted trees.
a. Provide links for proper tree -care resources.
i. How to plant a tree.
ii. How to prune a tree.
iii. How to fertilize and mulch.
iv. How to irrigate.
v. How to hire an arborist or tree care company.
3. Share the Urban Forest Master Plan through the City website.
4. Publish A State of the Urban Forest Report (at year one), then
every two to five years.
a. Update community members on the overall condition of
the community urban forest.
b. Highlight services (number of trees planted, number of
trees inventoried, etc.).
c. Update community members on progress towards canopy
goals and trees planted (public and private).
d. Update the community on achievements of the Urban
Forest Master Plan.
TARGET
ONGOING
PRIOR]
LOW
I* 4
Im
How do we get the 57
I
Focus Area: Engage the community to ensure the future of the urban forest
Goal 8z Support eommunity engagement and stewardship of the urban forest,
PERFORMANCE MEASUREz
Participation in forestry programming.
RATIONALEz
An educated and engaged community is more likely to support and
advocate for the urban forest.
a RISKz
Apathy towards the urban forest may result in loss in benefits
provided by the urban forest to the community.
1
` BENEFITz
,I
i' A community that supports the urban forest protects the urban
y',. forest and therefore the benefits that it provides to the City.
y
;• 1
} a.
`Ph
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' r
I'.11A I
4 4
58Urban Forest Master Plan
OBJECTIVEz
Develop and maintain a web page for the Urban Forestry Division
on the City website.
ACTIONS (CONTINUED)z
5. Share and maintain the recommended tree species list through the
City website.
6. Provide a link to Keep Denton Beautiful on the City website.
a. Include information about volunteer opportunities.
7. Provide a link to Denton Municipal Electric Tree Trimming Brochure
on the City website.
8. Provide a link on the City website to the Denton Development Code
Tree Preservation standards for development.
9. Communicate the benefits of trees and tree canopy including
environmental, social, and economic benefits.
10. Communicate importance of post oak and blackjack oak trees.
-�j • .L ' i '�� �• ,.. �] �r l 4E . _ .., � -' -r + ` ; • � � �Il l'i � lil7��N' � �� ' � ,3�� i .} � '� T3i
Focus Area: Engage the community to ensure the future of the urban forest
Goal 81 Support eommunity engagement and stewardship of the urban forest,
PERFORMANCE MEASUREz
7 Participation in forestry programming.
i' RATIONALEz
An educated and engaged community is more likely to support and
f advocate for the urban forest.
n
RISKi
Apathy towards the urban forest may result in loss in benefits
provided by the urban forest to the community.
BENEFITz
A community that supports the urban forest protects the urban
forest and therefore the benefits that it provides to the City.
OBJECTIVEz
Interact with community members through a variety of outlets.
ACTIONSz
1. Continue to partner with Keep Denton Beautiful, Inc (KDB).
a. Continue to use volunteers through the Cross Timbers Urban
Forestry Council Citizen Foresters Training Program.
i. Expand Citizen Foresters' skills to provide structural
pruning for trees in parks.
b. Continue to provide support for KDB programming.
2. Continue to use DTV to provide community members with
important information about trees.
3. Explore further engagement through social media, including the
existing Denton Trees Facebook Group.
4. Conduct community surveys to gauge public support as objectives
of the Urban Forest Master Plan are implemented.
COST
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{ .+ }pf wrill]
.. i, 1
44 . S
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TAI
ONG
Focus Area: Engage the community to ensure the future of the urban forest
Goal 9z Celebrate the Importance of urban trees,
PERFORMANCE MEASUREt OBJECTIVEt COST
Continued recognition as a Tree City USA and Arbor Day activities/ Maintain Tree City USA. $
celebrations.
RATIONALEt
Observing and recognizing the benefits provided by the urban
forest encourages community engagement and promotes
appreciation for trees.
RISKt
When community members are unaware of the benefits of the
urban forest, people are likely going to be less supportive of
programming and the resources needed to care for it.
BENEFITt
Community awareness and appreciation of the urban forest
promotes support for the necessary resources to maintain it.
60 Urban Forest Master Plan
ACTIONSt
1. Continue to celebrate Arbor Day through the annual Redbud
Festival and Texas Arbor Day Celebration.
a. Promote species diversity.
b. Include education materials about the benefits provided by
trees.
c. Distribute tree care materials.
i. How to plant a tree.
ii. How to prune a tree.
iii. How to fertilize and mulch.
iv. How to irrigate.
v. How to hire an arborist or tree care company.
1*
How are we doing?
With appropriate care and planning, the urban
forest is an asset that has the potential to increase
in value over time. As young trees mature and their
leaf surface and canopy grow, so too will the overall
benefits and value from the community's urban
forest. The objectives and strategies of the Plan are
intended to support this process in an appropriate
manner that encourages the sustainable
stewardship of community trees with consideration
for safety, cost efficiency, and community values.
The Plan includes strategies for measuring the
success of the Plan over time.
Monitoring
Through talking with community partners and
those within the urban forestry program, a set of
goals were created to meet the strong demand
for protecting and enhancing the urban forest,
as stated in the community vision. The success
of these goals is largely dependent on creating
objectives and strategies to meet the targets
outlined in the Plan as well as monitor the progress
of these action steps.
Annual Plan Review
The Plan is an active tool that will guide
management and planning decisions over the next
20 years. Its goals and actions will be reviewed
annually for progress and integration into an
internal work plan. The Plan presents a long-range
vision and target dates are intended to be flexible
in response to emerging opportunities, available
resources, and changes in community expectations.
Therefore, each year, specific areas of focus should
be identified, which can inform budget and time
requirements for Urban Forest Managers.
Resource Analysis
With a Resource Analysis, Denton can identify
quantitatively the value of the composition of
public trees, the annual benefit provided to the
community, replacement value, and benefit versus
investment ratios. With this information, Denton
can improve health (condition), species diversity,
annual benefits, and overall resource value of
its tree resource. When a resource analysis is
conducted every five years, the City can illustrate
progress and success towards Plan goals. A five-
year Resource Analysis review is a possible way to
monitor progress on efforts to increase diversity
through a list of tree species appropriate for a
variety of different spaces and landscapes.
108
M
-� How are we doing?
Canopy Analysis
Due to findings from the State of the Denton
Urban Forest Report, Denton has a baseline tree
canopy for the entire urban forest, which allows
for continued monitoring of trends in the canopy
cover on private property.
Community Satisfaetion
Plan results will be measurable through increased
benefits and value in the community tree resource
and the preservation and eventual increase
in canopy cover over time. Attainment of the
objectives and strategies will support better
tree health, greater longevity, and a reduction
in tree failures. However, one of the greatest
measurements of success for the Plan will
be its level of success in meeting community
expectations for the care and preservation of the
community tree resource. Community satisfaction
can be measured through surveys and will be
evidenced by public support for realizing the
objectives of the Plan. Community satisfaction can
also be gauged by the level of engagement and
support for forestry programs.
62 Urban Forest Master Plan
Reporting
Completion of this Plan is the first step towards
achieving the vision for Denton's urban forest.
Continual monitoring, analysis, and revisions
will help forest managers keep stakeholders
informed and engaged. By organizing data into
specific components (for example; Urban Forest
Reports, Community Satisfaction Surveys), it will
be possible to revise specific areas of weakness
and buttress areas of strength. Revisions to the
Plan should occur with major events, such as
newly discovered pests or diseases, or significant
policy and regulation changes. A complete
formal revision should occur in unison with major
municipal projects, such as the Comprehensive
Plan. It is important to remember that the Denton
Urban Forest Master Plan is a living document that
should adapt to new conditions.
State of the Urban
Forest Report
The purpose of the report is to provide structural
and functional information about the urban forest
(including the municipal forest) and recommend
strategies for its proactive management,
protection, and growth.
S
40
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1W
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Appendicest
Appendix A: Referencep
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110
63
Appendleest
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i `V
* Appendieesi
Appendix B:
Terms and Definitions
American National Standards Institute (ANSI)
A Federation of United States industry sectors
(e.g. businesses, professional societies and trade
associations, standards developers, government
agencies, institutes, and consumer / labor interest
groups) that coordinates the development of the
voluntary consensus standards system.
American Public Works Association (APWA)
An organization that supports professionals
who operate, improve, or maintain public works
infrastructure by advocating to increase awareness,
and providing education, credentialing, as well as
other professional development opportunities.
Arboriculture
The science, art, technology, and business of tree care.
Best Management Practices (BMP)
Management practices and processes used when
conducting forestry operations, implemented to
promote environmental integrity.
Capital Improvement Projects (CIP)
Infrastructure projects and equipment purchases
identified by a government in order to maintain
or improve public resources. Projects such as (1)
constructing a facility, (2) expanding, renovating,
replacing, or rehabilitating an existing facility, or
(3) purchasing major equipment are identified, and
then purchasing plans and development schedules
are developed.
Climate Action Plan (CAP)
Government lead initiatives to decrease
greenhouse gas emissions and prepare for the
impacts of climate change.
Community Urban Forest
The collection of publicly owned trees within an
urban area, including street trees and trees in parks
and other public facilities.
Drip Line Area
The area measured from the trunk of the tree
outward to a point at the perimeter of the
outermost branch structure of the tree.
Dutch Elm Disease (DED)
A wilt disease of elm trees caused by plant
pathogenic fungi. The disease is either spread by
bark beetles or tree root grafts.
Emerald Ash Borer (EAB)
The common name for Agrilus planipennis, an
emerald green wood boring beetle native to
northeastern Asia and invasive to North America. It
feeds on all species of ash.
Greenhouse Gas (GHG)
A gas that traps heat in Earth's atmosphere
Geographic Information System (GIS)
Computer-based tools designed to increase the
organization and understanding of spatial or
geographic data. Many different kinds of data can
be displayed on one map for visualization and
interpretation.
Integrated Pest Management (IPM)
Using pest and environmental information to
determine if pest control actions are warranted
Pest control methods (e.g. biological control,
habitat manipulation, cultural control, plant
resistance, and chemical control) are chosen based
on economic and safety considerations.
i -Tree
A state-of-the-art, peer-reviewed software suite
from the USDA Forest Service that provides
urban and rural forestry analysis and benefits
assessment tools.
International Society of Arboriculture (ISA)
An international nonprofit organization that
supports professionals in the field of arboriculture
by providing professional development
opportunities, disseminating applicable research
findings, and promoting the profession.
Landmark Tree
A healthy tree that is designated by the property
owner on the Texas Big Tree Registry regardless if
the tree is protected or a non -protected tree; or a
tree designated as a historic tree where an event
of historic significance occurred that had local,
regional, or national importance; or at the home
of a citizen who is famous on a local, regional, or
national basis; or that has taken on a legendary
stature in the community, is mentioned in literature
or documents of historic value, or is considered
unusual due to size, age, or other landmark status.
Historic trees shall be designated following the
historic landmark designation.
Migratory Bird Treaty Act (MBTA)
A United States federal law adopted to protect
migratory birds.
Natural Area
A defined area where native trees and vegetation
are allowed to grow and reproduce naturally with
little or no management except for control of
undesirable and invasive species.
Oak Wilt
A tree disease caused by the fungus Ceratocystis
fagacearum. It is spread by sap feeding beetles
and tree root grafts.
Open Space
A defined area of undeveloped land that is open
to the public. The land can include native or
naturalized trees and vegetation.
Plant Health Care (PHC)
A program that consists of (1) routinely monitoring
landscape plant health and (2) individualized
plant management recommendations in order to
maintain or improve the vitality, appearance, and
safety of trees and other plants.
Personal Protective Equipment (PPE)
Equipment worn to enhance workplace safety
and minimize the risk to physical hazards (e.g.
gloves, hard harts, bodysuits, and foot, eye, or ear
protection).
Private Tree
Any tree located on private property, including
residential and commercial parcels.
113
66 Urban Forest Ma:
Protected Tree
Landmark, heritage, quality, or secondary trees.
Quality Tree
Healthy non -secondary tree, except Post Oaks, that
measure between six and 18 inches dbh.
Public Tree
Any tree located in the public ROW, city park, and/
or city facility.
Right Tree, Right Place
Careful planning for the planting of a tree.
Considerations for whether a tree is the right
tree and whether it is planted in the right
place, include: mature height, canopy spread,
deciduous/evergreen, form/shape, growth rate,
soil requirements, light requirements, water
requirements, fruit debris, and hardiness zone.
Secondary Tree
A healthy Ash, Bois D' Arc, Hackberry, or
Cottonwood tree, with a dbh greater than six inches.
Street Tree
Any tree growing within the tree maintenance strip
whether or not planted by the city.
Structural and Training Pruning
Pruning to develop a sound and desirable scaffold
branch structure in a tree and to reduce the
likelihood of branch failure.
Tree Canopy
The layer of leaves, branches, and stems of trees
that cover the ground when viewed from above.
Tree City USA
A program through the Arbor Day Foundation that
advocates for green urban areas through enhanced
tree planting and care.
Tree Risk Assessment Qualified (TRAQ)
An International Society of Arboriculture
qualification. Upon completion of this training,
tree care professionals demonstrate proficiency in
assessing tree risk.
Urban Forest
The collection of privately owned and publicly
owned trees and woody shrubs that grow within an
urban area.
Urban Forest Master Plan (PLAN)
A document that provides a comprehensive
information, recommendations, and timelines
to guide for the efficient and safe management
of a city's tree canopy. The Plan uses adaptive
management model to provide reasoned and
transparent calls to action from an inventory of
existing resources.
Urban Forestry
The cultivation and management of native or
introduced trees and related vegetation in urban
areas for their present and potential contribution
to the economic, physiological, sociological, and
ecological well-being of urban society.
Urban Tree Canopy Assessment (UTC)
A document based off of GIS mapping data that
provides a birds -eye view of the entire urban forest
and establishes a tree canopy baseline of known
accuracy. The UTC helps managers understand the
quantity and distribution of existing tree canopy,
potential impacts of tree planting and removal,
quantified annual benefits trees provide to the
community, and benchmark canopy percent values.
Wildfire Urban Interface (WUI)
A transition zone where homes are located on the
edge of fire prone areas, and are at an increased
risk of personal injury or property damage resulting
from a wildfire.
Appendix C:
Industry Standards
ANSI Z133 SAFETY STANDARD, 2017
Reviews general safety, electrical hazards, use of
vehicles and mobile equipment, portable power
hand tools, hand tools and ladders, climbing, and
work procedures.
ANSI A300
ANSI A300 standards represent the industry
consensus on performing tree care operations.
The standards can be used to prepare tree care
contract specifications.
ANSI A300 Pruning Standard -Part 1, 2017
ANSI A300 Soil Management -Part 2, 2011
ANSI A300 Support Systems Standard -Part 3, 2013
ANSI A300 Construction Management Standard -
Part 5, 2012
ANSI A300 Transplanting Standard -Part 6, 2012
ANSI A300 Integrated Vegetation Management
Standard -Part 7, 2012
ANSI A300 Root Management Standard -Part 8, 2013
ANSI A300 Tree Risk Assessment Standard. Tree
Failure -Part 9, 2017
ANSI A300 Integrated Pest Management -
Part 10, 2016
Includes guidelines for implementing IPM
programs, including standards for Integrated Pest
Management, IPM Practices, tools and equipment,
and definition.
114
BEST MANAGEMENT PRACTICES (BMPs)
Integrated Pest Management, Second Edition,
P. Eric Wiseman and Michael J. Raupp 2016
Provides a comprehensive overview of the basic
definitions, concepts, and practices that pertain
to landscape Integrated Pest Management (IPM).
The publication provides specific information for
designing, planning, and implementing an IPM
program as part of a comprehensive Plant Health
Care (PHC) management system, including topics
such as:
• IPM Concepts and Definitions
• Action Thresholds
• Monitoring Tools and Techniques
• Preventive Tactics
• Control Tactics
• Documentation and Recordkeeping
Integrated Vegetation Management, Second
Edition, Randall H. Miller, 2014
A guide to the selection and application of methods
and techniques for vegetation control for electric
rights-of-way projects and gas pipeline rights-
of-way. Topics included: safety, site evaluations,
action thresholds, evaluation and selection of
control methods, implementing control methods,
monitoring treatment and quality assurance,
environmental protection, tree pruning and removal,
and a glossary of terms.
Managing Trees During Construction, Second
Edition, Kelby Fite and E. Thomas Smiley, 2016
Describes tree conservation and preservation
practices that help to protect selected trees
throughout the construction planning and
development process so that they will continue to
provide benefits for decades after site disturbance,
including planning phase, design phase, pre -
construction phase, construction phase, and post -
construction phase.
Plant Health Care for Woody Ornamental: A
Professional's Guide to Preventing and Managing
Environmental Stresses and Pests, Developed in
partnership with the USDA Forest Service, 1997
A comprehensive manual on plant health
maintenance, which includes information on basic
biology of woody plants, understanding stress and
pest complexes, abiotic disorders and diseases,
management of insect and vertebrate pests, weed
management, and working with clients and the public.
Root Management, Larry Costello, Gary Watson,
and Tom Smiley, 2017
Recommended practices for inspecting, pruning, and
directing the roots of trees in urban environments
to promote their longevity, while minimizing
infrastructure conflicts.
Special companion publication to the ANSI A300 Part
8: Tree, Shrub, and Other Woody Plant Management—
Standard Practices (Root Management)
Tree Planting, Second Edition, Gary Watson, 2014
Provides processes for tree planting, including site
and species selection, planting practices, post -
planting pruning, and early tree care. Other topics
included are time of planting, nursery stock (types,
selection, and handling), preparing the planting
hole, planting practices, root loss and new root
growth, redevelopment of root structure, pruning,
palms, after planting, final inspection, and a
glossary of terms.
Tree Inventories, Second Edition, Jerry Bond, 2013
Provides considerations for managing large
numbers of trees considered as individuals rather
than groups and serves as guide for making
informed decisions that align with inventory goals
with needs and resources, including inventory goals
and objectives, benefits and costs, types, work
specifications, and maintaining inventory quality.
Tree Risk Assessment, Second Edition, E. Thomas
Smiley, Nelda Matheny, and Sharon Lilly, 2017
A guide for assessing tree risk as accurately and
consistently as possible, to evaluate that risk,
and to recommend measures that achieve an
acceptable level of risk, including topics such as:
risk assessment basics, levels and scope of tree risk
assessment, assessing targets, sites, and trees, tree
risk categorization, risk mitigation (preventive and
remedial actions), risk reporting, tree related conflicts
that can be a source of risk, loads on trees, structural
defects and conditions that affect likelihood of failure,
response growth, and description of selected types of
advanced tree risk assessments.
Tree Shrub Fertilization, Third Edition, E. Thomas
Smiley, Sharon Lilly, and Patrick Kelsey, 2013
Aids in the selection and application of fertilizers
for trees and shrubs, including essential elements,
determining goals and objectives of fertilization, soil
testing and plan analysis, fertilizer selection, timing,
application, application area, rates, storage and
handling of fertilizer, sample fertilizer contract for
commercial/municipal clients.
Soil Management, Bryant Scharenbroch, E. Thomas
Smiley, and Wes Kocher, 2014
Focuses on the protection and restoration of soil
quality that support trees and shrubs in the urban
environment, including goals of soil management,
assessment, sampling, and analysis, modifications
and amendments, tillage, conservation, and a
glossary of terms.
Utility Pruning of Trees, Geoffrey P. Kempter, 2004
Describes the current best practices in utility tree
pruning based on scientific research and proven
methodology for the safe and reliable delivery of
utility services, while preventing unnecessary injury
to trees. An overview of safety, tools and equipment,
pruning methods and practices, and emergency
restoration are included.
AMERICAN PUBLIC
WORKS ASSOCIATION
The American Public Works Association (APWA)
produces manuals for agencies of any size and
with a range of responsibilities to use in order
to develop policies and procedures necessary
to perform as full-service public works agency.
In addition to the Public Works Management
Practices Manual (currently in its ninth edition),
APWA publishes a series of pocket guides.
Tree Protection & Preservation: A Pocket Guide of
Best Management Practices
The Tree Protection & Preservation Pocket Guide
provides basic and practical information on how
to manage trees at -risk in construction areas.
These Best Management Practices help to give
trees the best chance of survival before and after
construction.
115
68
* Appendieesi
Appendix D: Soil Volume
& Tree Stature
Tree growth is limited by soil volume. Larger stature
trees require larger volumes of uncompacted soil
to reach mature size and canopy spread (Casey
Trees, 2008).
24
Mature Tree
Size IDBH NO 20
16
12
8
4
0 200 400 600 800 1000 1200 1400 1600
Soil Volume Required {Cu Ft1
fT' K
Appendix E: Alternative
Planter Designs
Stormwater tree pits are designed to collect runoff
from streets, parking lots, and other impervious
areas. Stormwater is directed into scuppers that flow
into below -grade planters that then allow stormwater
to infiltrate soils to supplement irrigation.
Runoff flows
tfrrouylh scupper
into IWOW- rade
tree plop er,
upsorr layer Fronds
water acrd nu6nients
for tree roots
ternpvrnry Norogge while
s6armwaEcr inFe&ratcs
fUb-s l
116
Teras Appendices 69
Appendielesi
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118
Texas Definitions 71
Appendleesi
Appendix F:
Indicators of a
Sustainable
Urban Forest
Tabic 31 A Sustainabic Urban Forest Indicators Combined Resuits
Urban Tree Canopy
Equitable Distribution
Size/Age Distribution
Condition of Public Trees - Streets, Parks
Condition of Public Trees - Natural Areas
Trees on Private Property
Species Diversity
Suitability
Soil Volume
Neighborhood Action
Large Private & Institutional Landholder Involvement
Green Industry Involvement
City Department/Agency Cooperation
Funder Engagement
Utility Engagement
State Engagement
Public Awareness
Regional Collaboration
Tree Inventory
Canopy Assessment
Management Plan
Risk Management Program
Maintenance of Publicly -Owned Trees (ROWs)
Planting Program
Tree Protection Policy
City Staffing and Equipment
Funding
Disaster Preparedness & Response
Communications
Totals
X
X
X
X
X
1:1
13
0
0
0
15 2
119
72 Urban Forest Master Plan Denton
Table 4t A Sustainable Urban Forest Indicatorst The Trees
Performance Levels
kmd����
Urban Tree Canopy Achieve the desired tree canopy cover according to goals set
for the entire city and neighborhoods.
Alternatively, achieve 75% of the total canopy possible for the
entire city and in each neighborhood."
Location of Canopy Achieve low variation between tree canopy and equity factors
(Equitable Distribution) citywide by neighborhood. Ensure that the benefits of tree
canopy are available to all, especially for those most affected
by these benefits.
Age of Trees Establish a diverse -aged population of public trees across the
(Size and Age Distribution) entire city and for each neighborhood. Ideal standard:
0-8"" DBH: 40% 9-17"" DBH: 30%
18-24"" DBH: 20% Over 24"" DBH: 10%
Condition of Possess a detailed understanding of tree condition and
Publicly Owned Trees potential risk of all intensively -managed, publicly -owned trees.
(trees managed This information is used to direct maintenance actions.
intensively)
Condition of
Possess a detailed understanding of the ecological structure
Publicly -Owned
and function of all publicly -owned natural areas (such as
Natural Areas
woodlands, ravines, stream corridors, etc.), as well as usage
(trees managed extensively)
patterns.
Trees on Private Property Possess a solid understanding of the extent, location and
general condition of trees on private lands.
Diversity Establish a genetically diverse population of publicly -owned
trees across the entire city and for each neighborhood. Tree
populations should be comprised of no more than 30% of any
family, 20% of any genus, or 10% of any species.
Canopy is decreasing.
- and/or -
No canopy goals have been set.
No data is available on private trees.
Climate Resilience/ Establish a tree population suited to the urban environment No current information is available on
Suitability and adapted to the overall region. Suitable species are gauged species suitability.
by exposure to imminent threats, considering the "Right Tree -OR-
for
OR -
for the Right Place" concept and invasive species. Less than 50% of trees are considered
suitable for the site.
Space and Soil Volume Establish minimum street tree soil volume requirements to Minimum street tree soil volumes
ensure there is adequate space and soil for street trees to been est. • •
thrive. Minimum soil volumes by mature size: 1000 cubic feet
for large trees; 600 cubic feet for medium trees; 300 cubic feet
for small trees.
MM"Medium rH i g h
Canopy is not dropping, but not on a Canopy
traiectory to achieve the established goal. to achievement.
Tree planting and public outreach and
education is focused on neighborhoods
with low tree canopy.
Size classes are evenly distributed at the
city level, though unevenly distributed at the
neighborhood level.
Information from a partial or sample or
inventory is used to assess tree condition
and risk.
Publicly -owned natural areas are identified
in a sample -based "natural areas survey" or
similar data.
No species represents more than 20% of
the entire tree population citywide.
Minimum street tree soil volume has been
established based on mature size of tree.
Tree planting and public outreach and
education is focused in neighborhoods with
low tree canopy and a high need for tree
benefits.
Age distribution is generally aligned with
the ideal standard diameter classes at the
neighborhood level.
Information from a current, GIS -based,
100% complete public tree inventory is used
to indicate tree condition and risk.
Information from a current, GIS -based,
100% complete natural areas survey is
utilized to document ecological structure
and function, as well as usage patterns.
Detailed information available on private
trees. Ex. bottom-up sample -based
assessment of trees.
No species represents more than 10% of the
entire tree population citywide.
More than 75% of trees are considered
suitable for the site.
Minimum street tree soil volumes have been
established and are required to be adhered
to for all new street tree planting projects.
120
Definitions 73
Table 5: A Sustainable Urban Forest Indicatorst The Players
Indicators of a Sustainable Overall Objective or Industry
Urban Forest Standard
Neighborhood Action Citizens understand, cooperate, and participate in urban forest
management at the neighborhood level. Urban forestry is a
neighborhood -scale issue.
Large Private & Institutional Large, private, and institutional landholders embrace citywide
Landholder Involvement goals and objectives through targeted resource management
plans.
Green Industry Involvement The green industry works together to advance citywide urban
forest goals and objectives. The city and its partners capitalize
on local green industry expertise and innovation.
City Department and All city departments and agencies cooperate to advance
Agency Cooperation citywide urban forestry goals and objectives.
Funder Engagement Possess a detailed understanding of the ecological structure
and function of all publicly -owned natural areas (such as
woodlands, ravines, stream corridors, etc.), as well as usage
patterns.
Utility Engagement
State Engagement
Public Awareness
Regional Collaboration
All utilities are aware of and vested in the urban forest and
cooperates to advance citywide urban forest goals and
objectives.
State departments/agencies are aware of and vested in the
urban forest and cooperates to advance citywide urban forest
goals and objectives.
The general public understands the benefits of trees and
advocates for the role and importance of the urban forest.
Neighboring communities and regional groups are actively
cooperating and interacting to advance the region's stake in the
city's urban forest.
THE PLAYERS
Performance Levels
Low
Little or no citizen involvement or
neighborhood action.
Large private land holders are unaware of
issues and potential influence in the urban
forest. No large private land management
plans are currently in place.
Little or no involvement from green industry
leaders to advance local urban forestry
goals.
Conflicting goals and/or actions among city
departments and agencies.
Local funders are engaged and invested
in urban forestry initiatives. Funding is
adequate to implement citywide urban forest
management plan.
Utilities and city agencies act independently
of urban forestry efforts. No coordination
exists.
State departments/agencies and City
agencies act independently of urban forestry
efforts. No coordination exists.
Trees are generally seen as a nuisance, and
thus, a drain on city budgets and personal
paychecks.
Little or no interaction between neighboring
communities and regional groups.
Medium
Some active groups are engaged in
advancing urban forestry activity, but with no
unified set of goals or priorities.
Education materials and advice is available
to large private landholders. Few large
private landholders or institutions have
management plans in place.
Some partnerships are in place to advance
local urban forestry goals, but more often for
the short-term.
Informal teams among departments
and agencies are communicating and
implementing common goals on a project -
specific basis.
Little or no funders are engaged in urban
forestry initiatives.
Utilities and city agencies have engaged
in dialogues about urban forestry efforts
with respect to capital improvement and
infrastructure projects.
State department/agencies and City
agencies have engaged in dialogues about
urban forestry efforts with respect to capital
improvement and infrastructure projects.
Trees are generally recognized as important
and beneficial.
Neighboring communities and regional
groups share similar goals and policy
vehicles related to trees and the urban
forest.
High
The majority of all neighborhoods are
organized, connected, and working towards
a unified set of goals and priorities.
Clear and concise goals are established
for large private land holders through
direct education and assistance programs.
Key landholders and institutions have
management plans in place.
Long-term committed partnerships are
working to advance local urban forestry
goals.
Common goals and collaboration occur
across all departments and agencies. City
policy and actions are implemented by
formal interdepartmental and interagency
working teams on all city projects.
Funders are engaged in urban forestry
initiatives at minimal levels for short-term
projects. Multiple funders are fully engaged
and active in urban forestry initiatives for
short-term projects and long-term goals.
Utilities, city agencies, and other
stakeholders integrate and collaborate on
all urban forestry efforts, including planning,
site work, and outreach/education.
State departments/agencies, City agencies,
and other stakeholders integrate and
collaborate on all urban forestry efforts,
including planning, site work, and outreach/
education.
Trees are seen as valuable infrastructure
and vital to the community's well-being.
The urban forest is recognized for the
unique environmental, economic, and social
services its provides to the community.
Regional urban forestry planning,
coordination, and management is
widespread.
121
74 Urban Forest Master Plan Denton
Table 6z A Sustainable Urban Forest Indicatorsz The Management
Performance Levels
'Ildigh
Low Medium
Tree Inventory
Comprehensive, GIS -based, current inventory of all intensively
No inventory or out-of-date - • of
Partial or sample -based inventory of publicly-
Complete, GIS -based inventory of publicly -owned
managed public trees to guide management, with mechanisms in
publicly -owned trees.
owned trees, inconsistently updated.
trees, updated on a regular, systematic basis.
place to keep data current and available for use. Data allows for
analysis of age distribution, condition, risk, diversity, and suitability.
Canopy Assessment
Accurate, high-resolution, and recent assessment of existing
No tree canopy assessement.
Sample -based canopy cover assessment, or
High-resolution tree can• • •
and potential city-wide tree canopy cover that is regularly updated
dated (over 10 years old) high resolution canopy
aerial photographs.• -
I
and available for use across various departments, agencies,
assessment.
and/or disciplines. -
MOMMEA
Management Plan
Existence and buy -in of a comprehensive urban forest management
No urban foresta - - plan
A plan for the publicly -owned forest resource
A comprehensive plan for the publicly owned
plan to achieve city-wide goals. Re-evaluation is conducted every 5 to
exists but is limited in scope, acceptance, and
forest resource exists and is accepted and
10 years.
implementation.
implemented.
Risk Management Program
All publicly -owned trees are managed for maximum public safety by
Request -based, reactive system. The
There is some degree of risk abatement thanks
There is a complete tree inventory with risk
way of maintaining a city-wide inventory, conducting proactive annual
condition of
to knowledge of condition of publicly -owned
assessment data and a risk abatement program
inspections, and eliminating hazards within a set timeframe based on risk
unknown.
trees, though generally still managed as a
in effect. Hazards are eliminated within a set
level. Risk management program is outlined in the management plan.
request -based reactive system.
time period depending on the level of risk.
Maintenance Program of
All intensively -managed, publicly -owned trees are well maintained for
Request -based, reactive system. No
All publicly -owned trees are proactively and
Publicly -Owned Trees
optimal health & condition in order to extend longevity & maximize benefits.
systematic pruning program is in place
maintained, but pruning cycle is inadequate.systematically
maintained and adequately
(trees managed intensively)
A reasonable cyclical pruning program is in place, generally targeting 5-7
for publicly -owned trees.
pruned on a cyclical basis.
year cycles. Maintenance program is outlined in the management plan.
Maintenance Program of The ecological structure and function of all publicly -owned natural No natural areas management plans
Publicly -Owned Natural Areas areas are protected and enhanced while accommodating public use are in effect.
(trees managed extensively) where appropriate.
Planting Program Comprehensive and effective tree planting and establishment program Tree establishment is ad hoc.
is driven by canopy cover goals, equity considerations, and other
priorities according to the plan. Tree planting and establishment is
outlined in the management plan.
Tree Protection Policy Comprehensive and regularly updated tree protection ordinance No tree protection policy.
with enforcement ability is based on community goals. The benefits
derived from trees on public and private property are ensured by the
enforcement of existing policies.
City Staffing Adequate staff and access to the equipment and vehicles to implement Insufficient staffing levels,
and Equipment the management plan. A high level urban forester or planning insufficiently -trained staff, and/or
professional, strong operations staff, and solid certified arborist inadequate equipment and vehicle
technicians. availability.
Funding Appropriate funding in place to fully implement both proactive and Funding comes from the public sector
reactive needs based on a comprehensive urban forest management only, and covers only reactive work.
plan.
Disaster Preparedness A disaster management plan is in place related to the city's urban
& Response forest. The plan includes staff roles, contracts, response priorities,
debris management and a crisis communication plan. Staff are
regularly trained and/or updated.
Communication Effective avenues of two-way communication exist between the city
departments and between city and its citizens.
No disaster response plan is in place.
No avenues are in place. City departments Avenues are in place, but used sporadically and
and public determine on an ad-hoc basis without coordination or only on a one-way basis.
the best messages and avenues to
communicate.
Management plans are in place for each publicly -
owned natural area focused on managing
ecological structure and function and facilitating
public use. 14
Tree establishment is directed by needs derives
from a tree inventory and other community
plans and is sufficient in meeting canopy cover
objectives. MA
Protections policies ensure the safety of trees on
public and private land. The policies are enforced
and supported by significant deterrents and
shared ownership of city goals.
Multi -disciplinary team within the urban forestry unit,
including an urban forestry professional, operations
manager, and arborist technicians. Vehicles and
equipment are sufficient to complete required work.
Dynamic, active funding from engaged private
partners and adequate public funding are used to
proactively manage and expand the urban forest.
A robust disaster management plan is in place,
regularly updated and staff is fully trained on
roles and processes.
122
"-finitions 75
* Appendieesi
Appendix
G: Property
Purchase
Decision
Criteria
Canopy • - Tree canopy provides numerous benefits to the community. Although, the quality of the canopy, i.e. health, and overall expanse
of the canopy impacts the overall environmental benefits.
Trees provide numerous environmental benefits to the community. But not all trees provide the same level of benefits. Native
tree species and other significant species, recognized for their contribution to ecosystem benefits, are especially valuable. In
addition to providing wildlife habitat, native trees are well -adapted to the local climate and may require less maintenance and
less water than introduced species. Significant trees or high-value tree species may or may not be native trees but are significant
contributors to the overall diversity of the urban forest and significantly contribute to the overall environmental benefits. Other
considerations for what make a tree significant include: size, crown density, drought -tolerance, longevity, contributions to air
quality and stormwater capture, reducing energy consumption, and mitigating the effects of urban heat islands.
Forest connectivity promotes ecosystem functionality and biodiversity, and creates wildlife habitat and corridors for birds,
insects, and other animals. Strategic purchase of property that connects with and/or bridges existing core canopy, open space,
and/or greenbelts can greatly benefit wildlife and forest ecosystems.
Higher impervious surfaces, characteristic of urban areas, result in increased surface runoff and nonpoint source pollution.
Stormwater management can add significantly to the cost of infrastructure a community must invest to manage/treat
stormwater. Trees and canopy capture stormwater, reduce runoff, increase soil percolation, and filter pollutants. Therefore,
trees can contribute to stormwater management and reduce the need for additional infrastructure. Additionally, trees along
streams, creeks, rivers, and man-made water management systems can stabilize the soils along the banks to reduce erosion.
Numerous studies have shown that tree canopy is not always equally distributed across communities. Often, in urban areas, these
discrepancies can be observed across socioeconomic and demographic lines. Tree canopy provides numerous environmental and
social benefits to the community, but if tree canopy is not proportionate, benefits provided by public trees are not enjoyed equitably.
Open space areas and tree canopy promote engagement with nature and the outdoors, especially when they are easily
accessible and/or congruent with existing trails and greenbelts. Passive recreation (e.g., hiking, forest bathing) offer residents
an important respite from urban stress. Creating opportunities for passive recreation generally requires only minimal
development (e.g., signage, trail maintenance) and forestlands can be minimally managed with less impact on the ecosystem.
Some parcels of land are subdivided overtime. Sometimes remaining parcels are narrow, irregularly shaped, or are not large
enough to allow for building and development. Irregularly shaped and/or otherwise low -value parcels may be available at a
reduced price.
Contaminated brownfield sites can sit unused for decades because the cost of cleaning the site is more than the value of the land
would be worth for redevelopment. Similarly, foreclosures may have debt beyond market feasibility. Additionally, sites may have EPA
liens, past taxes, and in severely deteriorated condition.
123
76 Urban Forest Master Plan
Tree canopy cover is not well understood; GIS land cover layer is not available/
existing. Canopy cover of property is estimated to be minimal (<20%). Health
of the overall canopy cover on the property is in less than fair condition.
Property has none or few native or significant trees. Property may include
a prevalence of invasive species or high- maintenance species that are not
well -adapted to the local climate.
Property is not adjacent to existing core canopy. Location does not provide
support or connectivity to known wildlife corridors or high-value habitat.
Core canopy is defined as tree canopy that exists within and relatively far
from the forest/non-forest boundary (i.e., forested areas surrounded by
more forested areas).
Property has high levels of impervious surface or bare soil, which increases
the effects of stormwater runoff or property is not located adjacent to water
bodies to positively contribute to reducing erosion.
Canopy would not positively contribute to the equitable distribution of
canopy across the community OR the distribution of canopy is not well
studied or understood in the community.
Property is land -locked or not located in an area that would
easily transition to a state that would provide passive recreation
opportunities.
Parcel is regular shaped and/or large enough to permit building for
development.
Property is marketable for redevelopment OR the site is not suitable for tree
canopy.
Tree canopy is mapped through GIS land cover layer. Estimates indicate that
the property has at least a moderate level of tree canopy (20-35%) and in
mostly fair or better condition.
Property has native or significant trees. May also include some invasive
or high- maintenance species where control is manageable. Health of the
trees are in fair or worse condition. May include valuable habitat/forage for
wildlife. May be adjacent to, or including, wetlands, rivers, streams, and/or
steep slopes, where canopy provides benefits to water quality, fish habitat,
and soil preservation.
Property includes edge or perforated canopy and is connected/adjacent to core
canopy. Location may augment and/or support connectivity to known wildlife
corridors and/or high value habitat. Edge canopy is defined as the boundary
between core forests and large core forests and large non -forested land cover
features. Perforated canopy defines the boundary between core forests and
relatively small clearings (perforations) within the forest landscape.
Property has a mixture of both tree canopy and low-lying vegetation (shrubs
and grasses), which positively contribute to reducing stormwater runoff
OR property is adjacent to bodies of water or stormwater management
systems.
n/a
Property may require some investment to provide passive recreation
activities or has potential for future connections or access based on
adjacent property use.
n/a
n/a
Tree canopy is understood through a GIS land cover layer. Tree canopy
coverage is high (>35% canopy cover) and the overall health is in fair or
better condition.
Property is mostly populated by native or significant trees. Trees and canopy
are in overall fair or better condition. May also include high-value habitat/
forage for wildlife and/or threatened and endangered species. Is adjacent to,
or including, wetlands, rivers, streams, and/or steep slopes, where canopy
provides benefits to water quality, fish habitat, and soil preservation.
Property includes core canopy and augments existing canopy corridors
known to support wildlife habitat, nesting, foraging and migration. Core
canopy is defined as tree canopy that exists within and relatively far from
the forest/non-forest boundary (i.e., forested areas surrounded by more
forested areas).
i
i
J
Property has a high level of canopy, which may be a mix of trees, shrubs,
and grasses AND is adjacent to bodies of water or stormwater management
systems, with a likelihood to reduce stormwater runoff and erosion. 3
Canopy would contribute to a more equitable distribution of canopy across
the community.
Property requires minimal investment to provide passive recreation
opportunities for the community and promotes preservation of
environmentally sensitive areas. Property has connections to other
recreation areas, trails, or connectivity to existing open space.
Parcel is irregularly shaped or smaller than the required buildable area for
development.
Property is designated as a brownfield site or is in foreclosure with EPA liens,
past taxes, and the cost to clean the property or the debt of the property makes
it undesirable for redevelopment or development. However, property is suitable
for tree canopy and/or includes canopy and may be available at a reduced price.
I
�I
124
Definitions 77
P t':
S
S.
.r,
,
"Though the word beautification makes the
concept sound merely cosmetic, it involves much
more: clean water, clean air, clean roadsides, safe
waste disposal and preservation of valued old
landmarks as well as great parks and wilderness
areas. To me ... beautification means our total
concern for the physical and human quality we
pass on to our children and the future.
* LADY BIRD JOHNSON
E,
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Tree Preservation
Standards
File ID: 21-1162
F
October 12, 2021
City Council Meeting
126
rr _4%- I -
Background
Request: A work session report regarding the performance of the 2019 tree code was requested at
the Council retreat in February 2021.
• Questions included: How is it working? Is it achieving what was intended?
In response, we will discuss the following:
• Where we were — History of Denton's Tree Code
• Where we are now— Current Tree Code Standards
• Where we are going —Tree canopy goals
DENTON
127
Where We Were: Tree Code History
2004 — First Tree Preservation Code adopted (part of 2002 DDC)
2007-2012 - Multiple attempts to update the Tree Code, no consensus
2014 — Limited revisions to allow tree mitigation funds to be used for planting to
trees on private property
2016-2017 — Multiple drafts of Tree Code updates presented, no consensus
2017 — 1-1137 (TLGC 212.905) — credits for new plantings; prohibits mitigation for
certain trees 000
2018-2019 — Drafting of current (2019) Tree Preservation Code
• Overhaul of the tree preservation & mitigation requirements adopted in 2004
• Adopted by City Council on March 19, 2019 (effective October 1, 2019)
• Included current Sections 7.4 (ESAs), 7.7.4 (Tree Preservation), and 7.7.5
(Landscaping) of the DDC
D NTON
Public Meetings
4/24/2018 City Council Work Session
5/21/2018 Comnuu,CC un the Environment (COE)
8/6/2018 COE
8/22/2018 P&Z Work Session
9/17/2018 COE
9/26/2018 P&Z Work Session
10/10/2018 P&Z Work Session
11/05/2018 COE
11/13/2018 City Council Work Session
11/28/2018 P&Z Public Hearing
12/12/2018 P&Z Public Hearing
2/04/2019 COE
2/20/2019 P&Z Public Hearing
3/05/2019 City Council Work Session
3/06/2019 P&Z Public Hearing (Recommended
approval 5-1)
3/19/2019 City Council Public Hearing (Approved 7-0)
Other outreach: Denton County Ag Ext/Master Gardeners, Keep
Denton Beautiful, North Texas Urban Forestry Council, American
Society of Landscape Architects Texas DFW Chapter, Denton
Community Developers Alliance, Dallas Builders Association,
Denton Development Code Community Workshops
128
Definitions: Tree Types
Non -Protected Trees: The following are considered Non -Protected Trees:
1.Dead or Unhealthy Trees; [TLGC requirement]
2.Trees that pose an imminent or immediate threat to persons or property; [TLGC requirement]
3.Crepe Myrtles and ornamental pears;
4.Mesquite unless part of a Preserved Habitat or Conservation Easement;
5.Honey Locust, unless part of a Preserved Habitat or Conservation Easement; or
6. Any tree listed on the Texas Department of Agriculture Noxious and Invasive Plant List.
Protected Trees: Landmark, heritage, quality, or secondary trees.
ICOI*TVYd
DENTON
129
Definitions: Tree Types
Landmark Trees: A healthy tree designated on the Texas Big Tree Registry; or a tree designated as a
historic tree (event of historic significance occurred; at the home of a famous citizen; or has
legendary stature in the community, is mentioned in literature/documents of historic value, or is
considered unusual due to size, age, or other landmark status).
Heritage Trees: All Quality trees with a dbh greater than 18 inches and all Post Oaks with a dbh of
six inches or greater.
Quality Trees: All healthy non -secondary trees, except Post Oaks, that measure between six inches
and 18 inches dbh.
Secondary Tree: A healthy Ash, Bois D' Arc, Hackberry, or Cottonwood tree, with a dbh greater than
six inches.
DENTON
130
Tree Code Comparison
Tree Types Historic, Protected, Quality, Large Secondary, & Secondary
Minimum Protected or Large Secondary Trees: No minimum
Preservation Historic Trees: 100%
Quality & Secondary Trees:
Infill Lots — None
Non -Infill Lots:
</=1 acre: None
1— 2.5 acres: 10-12.5% for Quality & 5-6.25% for Secondary
• > 2.5 acres: 20-25% for Quality & 10-12.5% for Secondary
Allowed reduction 50% of the minimum preservation amount with mitigation
Measurement Canopy or diameter at breast height (dbh)
Mitigation required Always required for Protected and Large Secondary.
Only for the amount reduced below the minimum preservation
for Quality and Secondary.
Ratios ranging from 1:0.5 or 1:2 depending on the tree type and
property size.
Landmark, Heritage, Quality, Secondary, Non -
Protected
100% of Landmark Trees
30% of Quality and Heritage Trees
If no Quality or Heritage Trees on site, then
20% of Secondary Trees
20% for Quality and Heritage Trees
dbh
Heritage Tree —1:2.5 (or 1:2.75 if below 30%
preservation)
Quality Tree —1:2 (or 1: 2.25 if below 3%
preservation)
Secondary Tree — 4 inches per tree removed.
131
Zoning Minimum Minimum
Where We Arem. DDC Standards District Landscaped Tree
Area Canopy
Tree Preservation Cover
• Increased minimum tree preservation 20-30% for all sites Residential
• Mitigation required for all Protected Trees removed — via replanting (TLGC 212.905) or RR 65 25
payment into the Tree Fund R1 70 50
• Protective fencing required to be installed, inspected, and maintained throughout R2 50 50
construction R3 50 50
R4 50 50
R6 25 40
Landscaping R7 20 40
• Minimum % tree canopy required for new development/redevelopment based on zoning Mixed-Use
• Achieved by a combination of preservation and new plantings MN 20 40
• Species diversity required for new plantings MD 15 20
MR 25 30
ESA
Corridor
• Tree preservation and ESA regulations must be met independently SC 20 30
• Tree preservation requirements are applied to all areas of a site being developed outside HC 30 30
of preserved ESAs (Development Impact Area (DIA) Other Nonresidential
GO 20 30
LI 15 20
IC0117dHl 15 15
DENTON PF 15 15
132
Where We Are: Implementation
• In 2020 approximately two-thirds of projects used the 2019 Tree Code
• Even today projects are still in development utilizing the 2004 Tree Code (vested rights)
• Working on creation of a comprehensive database to monitor the performance of the code in
terms of dbh of trees removed, preserved, and planted
• Ongoing effort to improve tracking related to trees City-wide:
• New software improvements and implementation
• Refocusing staff resources
• Joint venture with Parks to monitor canopy cover
OTVY
DENTON
133
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10/12/2021
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Example 1m. Greenfield Site
Minimum Required Preservation Comparison
2019
2004
Actual
Tota I
Pres. (dbh)
dbh
Landmark
Total
100%
Heritage
202
dbh
% Req.
Req.
0
22/0
dbh
% Req.
dbh Req.
Secondary
26
100%40
Non -
Protected
0
Landmark
40
Historic
0
100%
0
Heritage
866
30%
Protected
1152
0%
0
(20%)
528 to
25%
Quality
894
352
Quality
1032
(12.5%)
258 to 129
°
0%
Large
Secondary
291
0
Secondary
56
0%
0
Non-
0%
12.5%
Protected
276
0
Secondary
127
(6.25%)
15.9 o 7.9
568 to
r273.9 to
Total
2367
392
Total
2367
136.9
t�4r.
DENTON
Tota I 455
135
Actual
Actual
Pres. (dbh)
Pres. (%)
Landmark
40
100%
Heritage
202
0
22/0
Quality
187
Secondary
26
9%
Non -
Protected
0
0%
Tota I 455
135
Example 2m. Infill Site
Minimum Required Preservation Comparison
2019
2004
Total dbh
% Req.
dbh Req.
0
Tota I
dbh
% Req.
dbh Req.
Landmark
0
100%
0
Historic
0
100%
0
Heritage
157
30%
(20%)
47.1 to
31.4
Protected
89.9
0%
0
Quality
Quality
67.1
0%
0
Secondary
80.2
0
0
Large
Secondary
0
0%
0
Non -Protected
131.6
0
0
Secondary
80.2
0%
0
Dead
131.6
0%
0
Total
368.8
47.1 to
31.4
Total
C�368.8
0
I'! 1
DENTON
Actual
Total 83.6
136
Actual Pres. Pres.
(dbh)
M
Landmark
0
0%
Heritage
83.6
53%
Quality
0
Secondary
0
0%
Non -
Protected
0
0%
Total 83.6
136
Where We're Going: Goals
US Forest Service:
40-60% for forested areas
.II 200/4 for grasslands
324
. f CL�IK
• 2020 Urban Forest Master Plan Goals:
• 40% City-wide tree canopy by 2040
• Diverse, healthy, and equitable canopy distribution across the City
• The City's canopy goals are achieved by two things:
• Preservation of existing trees
• Landscape plantings
4(
t 111`
71'
DENTON
*Red indicates tree canopy
coverage in 1942 and 2017 aerials
137
Where We're Going: Next Steps
• Staff is working towards means of monitoring progress
• Tracking of tree preservation & plantings with new development
• New Community Development (project tracking) software will assist
• Monitoring of the City's canopy and heat islands
• Parks Dept. obtaining new software for canopy monitoring
• Development Services is in the process of filling a Landscape Planner position
• Expertise in landscape architecture
• Enforcing tree preservation and landscape standards
• Plan review
• Inspections
• Training
07AM110�
10/12/2021
DENTON
138
Questions or
Recommendations?
{ 1 11`
(A
DENTON
139
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
DENTON
Legislation Text
File #: ID 21-2134, Version: 1
AGENDA CAPTION
Receive a report, hold a discussion, and give staff direction regarding an update to the City of Denton's COVID
-19 response. [Council Priority; Estimated Presentation/Discussion Time: 30 minutes]
City of Denton Page 1 of 1 Printed on 10/8/2021
powered by LegistarT" 140
DENTON
City of Denton
AGENDA INFORMATION SHEET
DEPARTMENT: City Manager's Office
CM/ DCM/ ACM: Sara Hensley, Interim City Manager
DATE: Oct. 12, 2021
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding an update to the City of Denton's
COVID-19 response.
BACKGROUND
A number of COVID Update work sessions have been held throughout 2020 and 2021 to provide a
COVID situational update and address relevant topics. Prior reports and presentations were also delivered
to City Council on March 17, March 20, March 31, April 6, April 21, April 30, May 5, May 12, May 19,
May 29, June 9, June 16, June 23, June 30, July 21, August 4, August 18, August 25, Sept. 15, Oct. 13,
and Dec. 1, 2020, and Jan. 26, March 2, March 16, May 11, May 18, Aug. 10, Aug. 12, Aug. 24, Sept. 14,
and Sept. 21, 2021.
The first part of this presentation will provide a situational update on the COVID-19 pandemic and share
data and information available from Denton County Public Health.
The second part of the presentation will provide a brief summary on the implementation of the Fifteenth
Order of Council.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
A number of COVID Update work sessions have been held throughout 2020 and 2021 to provide a
COVID situational update and address relevant topics.
F,XHTRIT,q
Exhibit 1 - Agenda Information Sheet
Exhibit 2 - Presentation (to be provided prior to the meeting)
Respectfully submitted:
Sarah Kuechler
Chief of Staff
Ryan Adams
Director of Customer Service and Public Affairs
141
Work Session
COVID-19 Update
Oct. 12., 2021
{ l ,
DN
142
Background
• Staff
provided
updates on the City's response to COVID-19
during 32 prior
work
sessions,
with
the
last work
session
being
held
on
Tuesday,
Sept. 21
• At the Sept. 21 Council meeting:
o Staff presented a brief COVID Update
o Council adopted a Fifteenth Order of Council relating to mask requirements
• Agenda for Today:
o Brief COVID-19 Update
o Brief Update on the Fifteenth Order of Council
D NTON
143
COVID-19 Situational Update
• Statistics:
• Positivity rate, ICU occupancy, and hospitalizations are elevated, but declining
• Vaccines Update:
• Administration for Third Doses and Boosters is ongoing (Denton Fire Department is assisting with
Denton County Public Health's clinics)
• Timing for additional approvals unknown (e.g. expanded eligibility for boosters or vaccines for ages
5-11)
• DCPH offering drive-thru testing events
Cases by Date Reported
C
{ 11Y
NTON
- _ Sep Oct Nov Dec
2021 Feb
�Y�1YL�nu......�HV�11� IYIII
Apr D
144
Reported Weekly Cases by Age
5,000 1.1
4,000
m
LAS 3,000
m 2,900
M
1,000
1
1
Week Week Week *eek Week WeekWeek Week Week Week Week Week Week Week Week Week Week Week Week Week Week
03115 04112 05110 06107 07/05 08/02 08/30 09127 10125 11122 12120 01117 02121 03121 04118 05116 06113 07111 08108 09105 10103
- - - - - - - - - - - - - - - - - - - - -
03/21 04/18 05/16 06/13 07/11 08!08 09/05 10103 10131 11128 12126 01!23 02!27 03!27 04!24 05122 06119 07117 08114 09111 10109
Symptom Onset Weekly Pediatric Cases by Age Range
1<
III
500 ' 'III
Week Week Week
Week
Week
Week
Week
Week
Week
Week
Neek
Week
Week
Week
Week
Week
Week
Week
Week
Week
Week
03!15 04112 05!10
06107
07/05
08102
08/30
09/27
10125
11122
12120
01117
02114
03114
04111
05/09
06106
07104
08101
08129
09126
03!21 04118 05/16
06113
07111
H103
09/05
10/03
1W31
11128
12126
01123
02120
03120
04117
05115
06112
07110
08107
09104
10102
1Y
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ID 21-2134;
Oct. 12.,2021
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490-19
20.29
. 30.39
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. 60.69
. 70.79
080,
• 0-4
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145
ARP -Related Response Initiatives
• COVID-19 Vaccine Provider Status
o Just received approval for Denton Fire Department to become a provider
o Waiting on arrival of required equipment necessary to order, store, and administer
vaccines
• Internal Testing
o Received equipment for molecular testing and Fire Department personnel are training
in use of molecular testing method
o Will improve testing availability for city staff to protect and maintain staffing levels
o Reminder: DCPH is providing free testing clinics
• "We Care" Vaccine Communications Campaign
o www.wecaredenton.com
o Digital and non -digital storytelling of the facts on the impact and availability of
vaccines
t11
DN
146
City Council Order - Implementation Update
• Fifteenth Order effective through Oct. 31, 2021
• Focus on Education/Outreach:
o Press Release/News Media, Social Media, Web Content, Direct Outreach, Letters Sent to
Businesses
o Posted signs at City facilities, masks available
• Parks & Recreation
o Masks are required during physical activity inside rec centers or during PARD athletics
programming
o Overall compliance with some negative feedback from participants; a few requests for refunds
• Library
o Overall compliance with periodic complaints
-W�*I,
D 21-2134; •
{' I.
ct. 12, 2021D
NTON;-
147
City Council Order - Implementation Update
• Public response:
o Commercial
entity
compliance appears
to
be mixed:
• Based on
some
interactions with staff,
we
feel businesses understand the order
• Noncompliant businesses point to conflicting state or county statements/orders
o Denton ISD is encouraging use of masks
o City facilities continue to require masks
• On Oct. 19, Council can consider:
o Extending requirements past Oct. 31, 2021 to a specified date
o Modifying the requirements (e.g. only requiring for City facilities) and extending to a
specified date
o Taking no action and let the order expire after Oct. 31, 2021
t11
D NTON
148
Questions?
{ l
DN
149
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
, %Iiiiimlim�
www.cityofdenton.com
DENTON
Legislation Text
File #: ID 21-1416, Version: 1
AGENDA CAPTION
Receive a report, hold a discussion, and give staff direction on pending City Council requests for: [ Estimated
Presentation/Discussion Time: 30 minutes]
(1) A work session to establish a Green Catalyst Fund.
(2) Passing a resolution to engage State delegation to oppose the currently proposed redistricting.
(3) Passing a resolution thanking Chris Watts for his service on the DCTA Board and remove him and John
Ryan from their positions for cause.
City of Denton Page 1 of 1 Printed on 10/8/2021
powered by Legistar' 150
11'1%1_0201�
DENTON
City of Denton
AGENDA INFORMATION SHEET
DEPARTMENT: City Manager's Office
ICM: Sara Hensley
DATE: October 12, 2021
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
SUBJECT
Receive a report, hold a discussion, and give staff direction on pending City Council requests for:
(1) A work session to establish a Green Catalyst Fund.
(2) Passing a resolution to engage State delegation to oppose the currently proposed redistricting.
(3) Passing a resolution thanking Chris Watts for his service on the DCTA Board and remove him
and John Ryan from their positions for cause.
BACKGROUND
During the annual City Council retreat on Saturday, August 21, 2021, the City Council agreed to amend
their current ordinance and the process by which they ensure there is a consensus of the City Council
regarding the use of staff time when responding to requests from elected officials that anticipate taking
more than two hours to complete or if there is a City Council policy decision to be made. The process
developed during the retreat was further discussed and formally adopted at the September 28, 2021 City
Council meeting (Exhibit 2).
Staff will review one outstanding request for information per elected official during each work session. The
weekly work session process will include staff introducing the requested topic followed by the requesting
elected official having up to two minutes to describe and justify their request. Remaining elected officials
will then have up to one minute to provide feedback and indicate their support for the use of staff time to
respond to the request. Staff will respond to all requests where a consensus of at least four elected officials
is established. To the extent possible, responses will be provided in the requested format including Informal
Staff Reports, Legal Status Reports, City Council work session topics, or ordinances and resolutions to be
considered on future City Council agendas. The Agenda Committee will assist in scheduling items receiving
consensus based upon priority offered by Council Members, work session availability, and readiness of the
item depending upon total number of staff hours needed to develop, and the departments involved.
As guidelines for Council Members to note and offer their priority while supporting an item, the following
general categorization could be used to indicate any Council Member's support in order to assist staff and
the Agenda Committee. The following takes into consideration the perceived urgency, impact, and/or
importance of the item. It is a general framework only to help offer some prioritization, especially in
consideration of other scheduled Council priorities, major goals and projects, and scheduled work.
High — Time -sensitivity of the item is significant; the item is critical to the community or
organization; and/or the item is of such importance that it should take precedence over other
scheduled priorities, projects, or items.
151
• Moderate — The item is somewhat time -sensitive; the item has a valuable impact to the community
or organization; and/or the item is important but should be integrated into work plans accordingly.
• Low — The item is not time -sensitive; the item has an impact but it is limited; and/or the item should
be scheduled into work plans where possible, but should not affect or delay other scheduled work.
The following items will be discussed during this work session:
1. A work session to establish a Green Catalyst Fund.
a. Requestor: Council Member Davis
b. Council Member Request. "I'd like to schedule a 2 -minute pitch for a work session to establish
a Green Catalyst Fund, which would use $ l 00k from the FY21-22 Sustainability Fund to attract,
support, and retain firms that contribute to our sustainability goals, under the guidance of the
Economic Development Strategy".
c. Staff Information: If the City Council wishes to move forward with this request, the item will
be sent for review by the Sustainability Framework Advisory Committee. Developing a work
session for Council following the Sustainability Framework Advisory Committee meeting is
expected to take approximately 10 staff hours.
d. Date requested. September 14, 2021
e. Format for response: Work Session
2. Passing a resolution to engage State delegation to oppose the currently proposed
redistricting.
a. Requestor: Council Member Meltzer
b. Council Member Request: "The latest congressional redistricting proposal from the Texas
legislature carves up Denton in such a way that the vast majority of our residents would find
themselves sharing a representative with distant Amarillo, Wichita Falls, and vast stretches of
the Panhandle; areas that have little in common with Denton and Denton County. It will dilute
Denton's impact during elections. It will inevitably lead to our being represented by someone
with little to no ties to our area and will hurt constituent services for Dentonites. And it will
make it far more difficult for Denton's municipal leaders to have a meaningful connection with
our representative in Washington.
I ask this council to adopt a resolution asking the legislature and especially our own delegation
to oppose this travesty and create a compact district that includes all of the city of Denton and
neighboring communities".
c. Staff Information: The House Redistricting Committee conducted its first hearing on HB 1 on
October 4, the Texas House of Representatives redistricting bill. The bill by Chairman Todd
Hunter was passed through the Committee and will hit the House floor on October 12. The
Senate also convened on October 4 to take up SB 4, Senate redistricting, and the bill passed off
its floor. If the City Council wishes to move forward with this request, staff will prepare a
resolution for passage at the next available Council meeting. Preparation and legal review of the
resolution is expected to take approximately 4 staff hours.
d. Date requested. September 29, 2021
e. Format for response: Resolution
152
3. Passing a resolution thanking Chris Watts for his service on the DCTA Board and
remove him and John Ryan from their positions for cause.
a. Requestor: Council Member Armintor
b. Council Member Request. "I'm writing to propose a 2 -minute pitch at the next Council meeting,
October 4 or 12, for a time -sensitive work session to consider issuing an immediate statement
to the DCTA Board thanking Chris Watts for his service as Council's appointee to the DCTA
Board and replacing him and his Alternate, John Ryan, prior to the October 28 2021 DCTA
Board meeting, rather than on November 12, when their terms were originally scheduled to
expire.
The cause for Mr. Ryan's termination as Alternate is the simple fact that he has not been
attending either DCTA Board meetings or Denton City Council meetings where DCTA has been
discussed, and is therefore unprepared to represent in the event of the primary appointee's
absence.
As for Mr. Watts, although Mr. Watts has worked hard in this role and is doing what he thinks
best for Denton and DCTA, his action would qualify in both cases as "removal with cause," the
unfortunate but stark cause being that he has unambiguously and definitively ceased to serve at
the pleasure of this Council.
As No Bus Cuts Denton, a committee of 17 people from 10 different labor unions, observes in
their September 22 petition:
"Mr. Watts ignored City council's voice at the July 22, 2021 meeting of the DCTA Board of
Directors. Although Denton City Council had passed a resolution that DCTA should maintain
its bus routes for 6 months, Mr. Watts argued at the July DCTA board meeting that the bus
routes should be maintained for only 3 months. Moreover, at the September 21, 2021 Denton
City Council work session, he stated that he thinks that it is not his role to follow the instructions
of Denton City Council as its appointee to the DCTA Board of Directors."
Mr. Watts correctly acknowledged at that same September 21 work session that he serves "at
the pleasure of this Council." His decision not to serve at the pleasure of this Council by not
following the clear direction of a Council resolution is sufficient cause for removal. There is too
much at stake to allow Mr. Watts to continue in this role any longer. This Council must consider
thanking him for his service and removing him from the DCTA Board promptly before he can
make further decisions that would permanently impact DCTA bus drivers and riders.
As unpleasant as it is for Council to remove a Council appointee from the DCTA Board before
their term expires, the rules allow it, and there is recent precedent in Denton for doing so, as Mr.
Watts himself did when he successfully advocated for the premature removal of his predecessor,
Sara Bagheri. As unpleasant as it is to removing a Council appointee from their appointment a
month before their term expires, Mr. Watts does not depend on his appointment to earn a living,
but DCTA bus drivers do. It is their livelihoods on the line, and the future of public transportation
in Denton, in any vote or decision he might make in the critical month ahead to cut bus routes
against this Council's resolution".
c. Staff Information: Nominations and r6sum6s for the City of Denton's primary and alternate
representatives to the DCTA Board of Directors were due to staff by close of business Friday,
October 8. Appointments to the DCTA Board of Directors are currently scheduled for City
Council consideration at the October 19 City Council meeting. The new primary and alternate
board representatives will serve a two-year term effective November 13, 2021, through
November 12, 2023. In accordance with state statute and the DCTA Bylaws, board members are
153
required to have professional experience in the field of transportation, business, government,
engineering, or law. Board representatives must reside within the Denton City limits and are not
required to currently hold an elected office.
d. Date requested. September 29, 2021
e. Format for response: Resolution
EXHIBITS
Exhibit 1 — Agenda Information Sheet
Exhibit 2 — Ordinance No. 21-1837
Exhibit 3 — Presentation
Respectfully Submitted:
Rachel Balthrop Mendoza
Assistant to the City Manager
154
ORDINANCE NO. 21-1837
AN ORDINANCE OF THE CITY OF DENTON AMENDING SECTION 2-30 OF THE CODE
OF THE CITY OF DENTON TO CHANGE THE TITLE AND INCREASE THE TIME FOR A
REQUESTING COUNCILMEMBER TO DESCRIBE THE REQUEST; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
CODIFICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on August 27, 2019 by Ordinance No. 19-2026, the City Council adopted
Section 2-30 of the City of Denton Code of Ordinances to provide procedures to ensure there is a
consensus of the City Council regarding the use of staff time when responding to requests from
elected officials; and
WHEREAS the City Council now desires to amend the City Council request procedures to
change the section title to more accurately reflect the response types and to increase the time for
the requesting councilmember to speak from one minute to two minutes; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Chapter 2, Article II, Section 2-30 of the Code of Ordinances of the City of
Denton shall now read as follows:
Chapter 2 - ADMINISTRATION
ARTICLE IL — ADMINISTRATIVE ORGANIZATION
Sec. 2-30. - City Council Requests for Information or Agenda Items.
(a) Definitions.
(1) For purposes of Section 2-30 the following definitions apply:
a. "Request for Information" — Requests made by a member of the City Council
to seek clarification on Board, Commission, Committee or City Council agenda
items; address perceived service issues, infrastructure maintenance, or
construction concerns caused by or impacting City operations and/or the quality
of life for Denton residents; and requests for policy -related research to evaluate
policies implemented by other agencies and/or assess the impact a new policy
or potential program may have if implemented by the City of Denton.
b. "City Staff' — Includes employees of the City of Denton consisting of or
reporting to, the City Manager or the City Attorney.
(b) City Council Requests for Information from City Staff.
(1) All City Council requests for information from City Staff, must be submitted to the
City Manager's Office via email and include at a minimum, the following details:
a. Request Type;
b. Purpose;
155
c. Time Sensitivity; and
d. Preferred Response Format.
(2) The City Manager's Office and/or the City Attorney's Office will estimate the amount
of time required to respond to each request.
(3) Requests estimated to take more than a total of two hours to complete will be brought
forward within the next 30 calendar days, to a City Council work session to seek
consensus from the full City Council regarding the use of City Staff time to fulfill the
request. Requests for information referred to a work session will follow the procedures
provided in sub -section (b) of Section 2-30.
(c) City Council Requests for Information Referred to a Work Session.
(1) A standing work session item will be added to each City Council agenda for City
Council requests to be considered.
a. The requesting Council Member will be required to provide a clear, written
explanation describing the reason for the information requested. This
description will be included as an attachment to the work session agenda
materials and must be provided to the City Secretary in time to fully comply
with Texas Open Meeting Act requirements.
(2) During the work session, the requesting Council Member will have a maximum of two
minutes to describe and justify their request.
a. Remaining Council Members will then have a maximum of one minute each to
provide feedback and indicate their support for the use of City Staff time to
respond to the request.
(3) Staff will respond to all requests where a consensus of at least four elected officials is
established. To the extent possible, responses will be make in the requested format
including Informal Staff Reports, Legal Status Reports, City Council work session
topics, or ordinances and resolutions to be considered on future City Council agendas.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
SECTION 3. To the extent not otherwise provided, this ordinance shall repeal every prior
ordinance in conflict herewith, but only insofar as the portion of such ordinance shall be in conflict;
and as to all other sections of the ordinance not in direct conflict herewith, this ordinance shall be
and is hereby made cumulative except as to such prior ordinances or portions thereof as are
expressly repealed hereby.
SECTION 4. If any provision of this ordinance or the application thereof to any person
or circumstance is held invalid by any court, such invalidity shall not affect the validity of the
provisions or applications, and to this end the provisions of this ordinance are severable.
156
SECTION 5. The City Secretary is hereby directed to record and publish the above
regulations in the City's Code of Ordinances.
The motion to approve this ordinance was made by�sse_
and seconded by ?)<-, !e, the ordinance was passed and
approved by the following vote
Aye Nay
Mayor Gerard Hudspeth:
Vicki Byrd, District 1:
✓
Brian Beck, District 2:
.f
Jesse Davis, District 3:
Alison Maguire, District 4: 1/
Deb Armintor, At Large Place 5: ✓�
Paul Meltzer, At Large Place 6: f
Abstain Absent
PASSED AND APPROVED this the ��+h day of Sep*ePAM ae C , 2021.
GERARD H SPETH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
CATHERINE CLIFTON, INTERIM CITY ATTORNEY
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Work Session Process
• Up to seven requests will be reviewed per meeting (one per Council
Member)
• Staff will introduce each request
• The elected official that made the request will have up to two
minutes to describe and justify their request
• Remaining elected officials will
provide feedback and indicate
to respond to the request
then have up to one minute to
their support for the use of staff time
• Staff will respond to all requests where a consensus of Council is
established
I"
Legistar ID: 21-1416 October 12, 2021 2
Work Session Process - Continued
• The Agenda Committee will assist in scheduling items receiving consensus based
upon priority offered by Council Members, work session availability, and readiness
of the item.
• As guidelines for Council Members to note and offer their priority while
supportingan item, the following general categorization could be used to indicate
any Council Members support to assist staff and the Agenda Committee.
• High - Time -sensitivity of the item is significant; the item is critical to the community or
organization; and/or the item is of such importance that it should take precedence over
otger scheduled priorities, projects, or items.
• Moderate — The item is somewhat time -sensitive; the item has a valuable impact to the
community or organization; and/or the item is important but should be integrated into
work plans accordingly.
• Low — The item is not time -sensitive; the item has an impact but it is limited; and/or the
item should be scheduled into work plans where possible, but should not affect or delay
other scheduled work.
I"
Legistar ID: 21-1416 October 12, 2021 3
510 MON ClIkk
.�
Item 1
A work session to establish a Green Catalyst Fund.
Requestor: Council Member Davis
• Council Member Request: x,I'd like to schedule a 2 -minute pitch for a
work session to establish a Green Catalyst Fund, which would use
$100k from the FY21-22 Sustainability Fund to attract, support, and
retain firms that contribute to our sustainability goals, under the
guidance of the Economic Development Strategy':
• Staff Information: If the City Council wishes to move forward with this
request, the item will be sent for review by the Sustainability
Framework Advisory Committee. Developing a work session for
Council following the Sustainability Framework Advisory Committee
meeting is expected to take approximately 10 staff hours.
• Re uested Format for Response: Work Session
I"
Legistar ID: 21-1416 October 12, 2021 4
50 OWN 1
Item 2
Passin a resolution to engage State delegation to oppose the
curren y proposed redistricting.
Requestor: Council Member Meltzer
Council Member Request: "The latest congressional redistrictin proposal from the Texas
legislature carves up Denton in such a way that the vast majora of our residents would
find themselves sharin are resentative with distant Amaril�o ichita Falls and vast
stretches of the Panhandle; areas that have little in common with Denton and Denton
County. It will dilute Denton's impact during elections. It will inevitably lead to our being
represented by someone with little to no ties to our area and will hurt constituent services
for Dentonites. And it will make it far more difficult for Denton's municipal leaders to have
a meaningful connection with our representative in Washington. I ask this council to adopt
a resolution askingthe legislature and especially our own d-ele ation to oppose this p
travestyand creata compact district that includes all of the cg of Denton and
„p city
neighboring communities.
Staff Information: The House Redistricting Committee conducted its first hearing on HB 1
on October 4 the Texas House of Representatives redistrictingbill. The bill b Chairman
Todd Hunter was passed through theCommitteeand will hit tie House floor on October
12. The Senate also convened on October 4 to take u SB 4 Senate redistricting,and the
bill passed off its floor. If the Ci Council wishes to move forward with this request staff
p City q
will prepare a resolution for passage at the next available Council meetin . Preparation
and legal review of the resolution is expected to take approximately 4 staf hours.
9 p pp Y
• Requested Format for Res onse: Resolution
CSTY
of - . October 1
DE T N 162
Item 3
Passing a resolution thanking Chris Watts for his service on the DCTA Board and remove
him and John Ryan from their positions for cause.
Requestor: Council Member Armintor
Council Member Request: ,I'm writing to propose a 2 -minute pitch at the next Council meeting, October 4 or 12, for a time -
sensitive work session to consider issuing an immediate statement to the DCTA Board thanking Chris Watts for his service as
Council's appointee to the DCTA Board and replacing him and his Alternate, John Ryan, prior to the October 28 2021 DCTA Board
meeting, rather than on November 12, when their terms were originally scheduled to expire. The cause for Mr. Ryan's termination
as Alternate is the simple fact that he has not been attending either DCTA Board meetings or Denton City Council meetings where
DCTA has been discussed, and is therefore unprepared to represent in the event of the primary appointees absence. As for Mr.
Watts, although Mr. Watts has worked hard in this role and is doing what he thinks best for Denton and DCTA, his action would
qualify in both cases as "'removal with cause;' the unfortunate but stark cause being that he has unambiguously and definitively
ceased to serve at the pleasure of this Council.
As No Bus Cuts Denton, a committee of 17 people from 10 different labor unions, observes in their September 22petition: ''Mr.
Watts ignored City councils voice at the July 22, 2021 meetin of the DCTA Board of Directors. Although Denton City Council had
passed a resolution that DCTA should maintain its bus routesor 6 months, Mr. Watts argued at the JuTy DCTA board meeting that
the bus routes should be maintained for only 3 months. Moreover at the September 21, 2021 Denton City Council work session,
he stated that he thinks that it is not his role to follow the instructions of Denton City Council as its appointee to the DCTA Board
of Directors."
Mr. Watts correctly acknowledged at that same September 21 work session that he serves ""at the pleasure of this Council."
His decision not to serve at the pleasure of this Council by not following the clear direction of a Council resolution is sufficient
cause for removal. There is too much at stake to allow Mr. Watts to continue in this role any longer. This Council must consider
thanking him for his service and removing him from the DCTA Board promptly before he can make further decisions that would
permanently impact DCTA bus drivers and riders. As unpleasant as it is for Council to remove a Council appointee from the DCTA
Board before their term expires the rules allow it, and there is recent precedent in Denton for doing so, as Mr. Watts himself did
when he successfully advocated for the premature removal of his predecessor, Sara Bagheri.
As unpleasant as it is to removing a Council appointee from their appointment a month before their term expires, Mr. Watts does
not depend on his appointment to earn a living, but DCTA bus drivers do. It is their livelihoods on the line, and the future of
Eublic transportation in Denton, in any vote or decision he might make in the critical month ahead to cut bus routes against this
ouncil s resolution,,.
I"
M.
Legistar ID: 21-1416 October 12, 2021 6
50 allow me Ll
Item 3 - Continued
Passing a resolution thanking Chris Watts for his service on the DCTA Board and
remove him and John Ryan from their positions for cause.
• Staff Information: Nominations and resumes for the City of Denton's primary and alternate
representatives to the DCTA Board of Directors were due to staff by close of business Friday,
October 8. Appointments to the DCTA Board of Directors are currently scheduled for City
Council consideration at the October 19 City Council meeting. The new primary and
alternate board representatives will serve a two-year term effective November 13, 2021,
through November 12, 2023. In accordance with state statute and the DCTA Bylaws, board
members are required to have professional experience in the field of transportation,
business, government, engineering, or law. Board representatives must reside within the
Denton City limits and are not required to currently hold an elected office.
• Requested Format for Response: Resolution
I"
Legistar ID: 21-1416 October 12, 2021 7
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
, %Iiiiimlim�
www.cityofdenton.com
DENTON
Legislation Text
File #: ID 21-2269, Version: 1
AGENDA CAPTION
Consultation with Attorneys under Texas Government Code Section 551.071 and Deliberations Involving
Medical or Psychiatric Records of Individuals under Texas Government Code Chapter 551.0785.
Receive information from staff, discuss, and provide staff with direction related to a police officer's plan
benefits related to an injury in the line of duty. Consultation with the City's attorney regarding legal issues
associated with benefits where a public discussions of these legal matters would conflict with the duty of the
City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas; to consider information in the medical or psychiatric records
related to a police officer's injury in the line of duty.
City of Denton Page 1 of 1 Printed on 10/8/2021
powered by Legistar' 165
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
DENTON
Legislation Text
File #: ID 21-1887, Version: 1
AGENDA CAPTION
Consider the approval of the minutes for September 14 and September 21, 2021.
City of Denton Page 1 of 1 Printed on 10/8/2021
powered by LegistarT" 166
DENTON
City of Denton
AGENDA INFORMATION SHEET
DEPARTMENT: City Secretary's Office
ICM: Sara Hensley
DATE: October 12, 2021
SUBJECT
Consider the approval of the minutes for September 14 and September 21, 2021.
BACKGROUND
The minutes drafts are provided for review and formal approval by the City Council.
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
The September 14, 2021 minutes were modified to incorporate requested changes/clarity referenced on
the floor at the time they were originally submitted for approval on September 28, 2021.
EXHIBITS
Exhibit 1 — AIS
Exhibit 2 — September 14, 2021 Minutes Draft
Exhibit 3 — September 21, 2021 Minutes Draft
Respectfully submitted:
Rosa Rios
City Secretary
167
CITY OF DENTON CITY COUNCIL MINUTES
September 14, 2021
After determining that a quorum was present, the City Council of the City of Denton, Texas
convened in a Work Session on Tuesday, September 14, 2021, at 2:01 p.m. in the Council
Chambers at City Hall, 215 E. McKinney Street, Denton, Texas.
PRESENT IN PERSON: Mayor Gerard Hudspeth and Council Members Vicki Byrd, Brian
Beck, Jesse Davis, Alison Maguire, and Deb Armintor
PRESENT VIRTUALLY: Mayor Pro Tem Paul Meltzer
ABSENT: None
Also present were Interim City Manager Sara Hensley and Interim City Attorney Catherine
Clifton.
The posted agenda noted the registration process for both in-person, call-in, and virtual
public participation at this meeting. While citizen commentary received via the online
registration process was not read, each member for the City Council received each online
commentary as it was submitted. Both in-person, call-in, and online comments received are
reflected in the exhibit to the minutes of this meeting.
WORK SESSION
1. Citizen Comments on Consent Agenda Items
None
2. Requests for clarification of agenda items listed on this agenda.
• Clarification was requested on the following items:
None
• The following items were pulled for Individual Consideration:
o Council Member Armintor: Items 2.T (21-1621) and 2.V (21-1623)
o Council Member Maguire: Items 2.T (21-1621),2.0 (21-1622), and 2.V (21-1623)
o Council Member Davis: Item 2.0 (21-1622)
3. Work Session Reports
A. ID 21-1805 Receive a report, hold a discussion, and give staff direction regarding the General
Fund FY 2021-22 Budget, Tax Rate, Rates and Fees, Capital Improvement Program, and
Five -Year Financial Forecast.
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City of Denton City Council Minutes
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Page 2
The item was presented and discussion followed.
Following discussion, City Council consensus was to move forward with the tax rate of
$0.5730/$100 with the final decision on the rate to take place at an upcoming meeting.
B. ID 21-1639 Receive a report, hold a discussion, and give staff direction regarding an
overview of the previous February 25, 2020 and October 13, 2020 Council work sessions,
federal and state civil rights law, and research of comprehensive non-discrimination
ordinances.
The item was presented and discussion followed.
Following discussion, City Council consensus was for staff to begin drafting a model
(ordinance, process, and staffing) to ineerparate bring back to Council for discussion and
direction. Council provided the following initial feedback:
• The proposed ordinanee should made the To use the City of Plano's adopted
ordinance as a general framework and template for drafting, with a consensus to
refer non-discrimination complaints to federal and state agencies where possible
as Plano's ordinance does. Each Council Member highlighted different elements
or processes that they preferred amongst the other municipal ordinances and
models that were presented;
• An estimate staffing/financial resources needed to implement based upon the
final -draft proposed ordinance and model; and
• A proposed time for the mal next work session to final adoption as part of
the Friday Report process.
C. ID 21-981 Receive a report, hold a discussion, and give staff direction regarding Audit
Project 021 - Water System Operations: Production.
The item was presented and discussion followed.
Following discussion, there was no direction provided as the item was for
presentation/discussion purposes.
D. ID 21-1719 Receive a report, hold a discussion, and give staff direction regarding
Comprehensive Planning and related Area Plans.
The item was presented and discussion followed.
Following discussion, City Council requested additional information be brought forth on
how the proposed areas could be addressed in the Denton 2040 Plan update, including an
area plan "light" study and a typical area plan.
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E. ID 21-1893 Receive a report, hold a discussion, and give staff direction regarding an update
to the City of Denton's COVID-19 response.
Not presented due to meeting time constraints; to be rescheduled to a future date.
The work session was recessed for a short break at 5:37 p.m. and reconvened at 6:02 p.m.
F. ID 21-1272 Receive a report, hold a discussion, and give staff direction on pending City
Council requests for:
1) A work session on a community -wide effort called "Sign Topper Project".
• Item 21-1272 (1) A work session on a community -wide effort called "Sign Topper
Project".
o Consensus for a future work session.
The work session ended at 6:09 p.m.
SPECIAL CALLED MEETING
After determining that a quorum was present, the City Council of the City of Denton, Texas
convened in a Special Called Meeting on Tuesday, September 14, 2021, at 6:30 p.m. in the Council
Chambers at City Hall, 215 E. McKinney Street, Denton, Texas.
PRESENT IN PERSON: Mayor Gerard Hudspeth, and Council Members Vicki Byrd, Brian
Beck, Jesse Davis, Alison Maguire, and Deb Armintor
PRESENT VIRTUALLY: Mayor Pro Tem Paul Meltzer
ABSENT: None
Also present were Interim City Manager Sara Hensley and Interim City Attorney Catherine
Clifton.
The posted agenda noted the registration process for both in-person, call-in, and virtual
public participation at this meeting. While citizen commentary received via the online
registration process was not read, each member for the City Council received each online
commentary as it was submitted. Both in-person, call-in, and online comments received are
reflected in the exhibit to the minutes of this meeting.
1. PLEDGE OF ALLEGIANCE
A. U.S. Flag and B. Texas Flag
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Page 4
2. CONSENT AGENDA
The Consent Agenda consisted of Items 2. A-V. During the Work Session held earlier in the day,
Items 2.T (21-1621) and 2.V (21-1623) were pulled for Individual Consideration by Council
Member Armintor; Items 2.T (21-1621), 2.0 (21-1622), and 2.V (21-1623) were pulled for
Individual Consideration by Council Member Maguire; and Item 2.0 (21-1622) was pulled for
Individual Consideration by Council Member Davis.
Council Member Davis moved to adopt the Consent Agenda, now consisting of Items 2.A -S.
Motion seconded by Council Member Beck. Motion carried.
AYES (7): Mayor Hudspeth, Mayor Pro Tem Meltzer and Council Members Byrd, Beck, Davis,
Maguire, and Armintor
NAYS (0): None
A. ID 21-1356 Consider the approval of the minutes for August 17, August 20, August 21, and
August 24, 2021.
APPROVED
B. ID 21-1350 Consider nominations/appointments to the City's Boards, Commissions, and
Committees: Committee on Persons with Disabilities, Community Services Advisory
Committee, Library Board, and Public Art Committee.
APPROVED
Appointments listed on Exhibit B.
C. ID 21-1760 Consider adoption of an ordinance of the City of Denton approving a grant
application from Salvage Secondhand Shoppe located at 225 W. Oak Street, from the
Downtown Reinvestment Grant Program not to exceed $302.02; and providing for an
effective date. The Downtown Denton Tax Increment Reinvestment Zone No.l Board
recommends approval (7-0).
ASSIGNED ORDINANCE NO. 21-1760
D. ID 21-1892 Consider adoption of an ordinance of the City of Denton authorizing an amended
and restated agreement between the City of Denton and Denton Festival Foundation, Inc.,
for the purpose of the 2021 Denton Arts and Jazz Festival sponsorship; providing for the
expenditure of funds; and providing for an effective date. (Community Partnership
Committee 3-0)
ASSIGNED ORDINANCE NO. 21-1892
E. ID 21-1840 Consider adoption of an ordinance of the City of Denton, a Texas home -rule
municipal corporation, authorizing the City Manager to execute a Professional Services
Agreement with Hazen and Sawyer, P.C., to provide regulatory permitting/approval support,
process evaluation, design services, bidding assistance, construction administration, and
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commissioning/startup support for the Pecan Creek Water Reclamation Plant Effluent Filter
improvements; providing for the expenditure of funds therefor; and providing an effective
date (RFP 7574-005 - Professional Services Agreement for design services awarded to Hazen
and Sawyer, P.C., in the not -to -exceed amount of $576,124.00). The Public Utilities Board
recommends approval (7 - 0).
ASSIGNED ORDINANCE NO. 21-1840
F. ID 21-1842 Consider adoption of an ordinance of the City of Denton, a Texas home -rule
municipal corporation, authorizing the City Manager to execute an Interlocal Cooperative
Purchasing Program Agreement with Omnia Partners, a cooperative purchasing
organization, under the Texas Government Code, Section 791.001, to authorize City of
Denton to utilize various contracts for the purchase of goods and services; authorizing the
expenditure of funds therefor; and declaring an effective date (File 7800 - award an Interlocal
Cooperative Purchasing Agreement with Omnia Partners).
ASSIGNED ORDINANCE NO. 21-1842
G. ID 21-1844 Consider adoption of an ordinance of the City of Denton, a Texas home -rule
municipal corporation, authorizing the City Manager to execute a contract with Amazon
Services, LLC, through the Omnia Partners Contract Number R -TC -17006, for procurement
fulfillment of business products for the City of Denton through an online marketplace,
providing for the expenditure of funds therefor; and providing an effective date (File 7799 -
awarded to Amazon Services, LLC, in the five (5) year not -to -exceed amount of
$2,000,000.00).
ASSIGNED ORDINANCE NO. 21-1844
H. ID 21-1845 Consider adoption of an ordinance of the City of Denton, a Texas home -rule
municipal corporation, authorizing the City Manager to execute an Interlocal Cooperative
Purchasing Agreement with the City of Everett, under the Texas Government Code, Section
791.001, to authorize the City of Everett and City of Denton to utilize each entities solicited
contracts for the purchase of various goods and services; authorizing the expenditure of funds
therefor; and declaring an effective date (File 7787 - award an Interlocal Cooperative
Purchasing Agreement with the City of Everett).
ASSIGNED ORDINANCE NO. 21-1845
I. ID 21-1846 Consider adoption of an ordinance of the City of Denton, a Texas home -rule
municipal corporation, authorizing the City Manager to execute a contract with Nippon
Carbide Industries (USA), Inc., for the supply of Nikkalite Vinyl for the Traffic Department
to be stocked in the City of Denton Warehouse; providing for the expenditure of funds
therefor; and providing an effective date (IFB 7749 - awarded to Nippon Carbide Industries
(USA), Inc., 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 $336,000.00).
ASSIGNED ORDINANCE NO. 21-1846
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J. ID 21-1847 Consider adoption of an ordinance of the City of Denton, a Texas home -rule
municipal corporation, authorizing the City Manager to execute a contract with WEX Bank,
Inc., through the Sourcewell Cooperative Purchasing Network Contract Number 080620, for
Fleet Fuel Cards for the Police and Fire Departments; authorizing the expenditure of funds
therefor; and declaring an effective date (File 7732 - awarded to WEX Bank, Inc., in the not -
to -exceed amount of $1,150,000.00).
ASSIGNED ORDINANCE NO. 21-1847
K. ID 21-1848 Consider adoption of an ordinance of the City of Denton, a Texas home -rule
municipal corporation, authorizing the City Manager to execute a contract with ESO
Solutions, Inc., for a records management and Electronic Patient Care Reporting (ePCR)
system for the Fire Department; providing for the expenditure of funds therefor; and
providing an effective date (RFP 7642 - awarded to ESO Solutions, Inc., in the five (5) year
not -to -exceed amount of $383,504.00).
ASSIGNED ORDINANCE NO. 21-1848
L. ID 21-1851 Consider adoption of an ordinance of the City of Denton, a Texas home -rule
municipal corporation, ratifying the expenditure of funds by the City Manager for the
emergency repairs to City -owned buildings that sustained water damage from Winter Storm
Uri; and providing an effective date (File 7705 - awarded to GG Contractors, LLC, in the
not -to -exceed amount of $1,300,000.00).
ASSIGNED ORDINANCE NO. 21-1851
M. ID 21-1860 Consider adoption of an ordinance of the City of Denton, a Texas home -rule
municipal corporation, authorizing the City Manager to execute a contract with Cintas
Corporation No. 2, through the Omnia Partners Cooperative Purchasing Network Contract #
R -BB -19002, for uniform and accessories rental for all City of Denton Departments;
providing for the expenditure of funds therefor; and providing an effective date (File 7738 -
awarded to Cintas Corporation No. 2, in the three (3) year, with the option for three (3)
additional one (1) year extensions, in the total six (6) year not -to -exceed amount of
$2,153,000.00).
ASSIGNED ORDINANCE NO. 21-1860
N. ID 21-1867 Consider adoption of an ordinance of the City of Denton, a Texas home -rule
municipal corporation, authorizing the City Manager to execute a Professional Services
Agreement with Paradigm Management Services, LLC, for the Workers' Compensation
Medical Case Management Services for the Risk Management Department; providing for
the expenditure of funds therefor; and providing an effective date (File 7554-1 - Professional
Services Agreement awarded to Paradigm Management Services, LLC, in the six (6) month
not -to -exceed amount of $136,197.00).
ASSIGNED ORDINANCE NO. 21-1867
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O. ID 21-1868 Consider adoption of an ordinance of the City of Denton, a Texas home -rule
municipal corporation, authorizing the approval of a fifth amendment to a Professional
Services Agreement between the City of Denton and Peak Program Value, LLC, amending
the contract approved by City Council on October 13, 2020, in the not -to -exceed amount of
$696,074.00; amended by Amendments 1-4 approved by Purchasing and City Council; said
fifth amendment to provide preconstruction and construction management services for the
Solid Waste Fleet Maintenance Shop in the expenditure amount of $221,567.00, Denton
Municipal Electric Renovation in the expenditure amount of $271,189.00, and Pre -
Construction Estimation Services in the expenditure amount of $47,500.00; providing for the
expenditure of funds therefor; and providing an effective date (File 7425 - providing for an
additional fifth amendment expenditure amount not -to -exceed $540,256.00, with the total
contract amount not -to -exceed $1,782,016.00).
ASSIGNED ORDINANCE NO. 21-1868
P. ID 21-1888 Consider adoption of an ordinance of the City of Denton, a Texas home -rule
municipal corporation, authorizing the City Manager to execute a Professional Services
Agreement with D&S Engineering Labs, LLC, to provide materials testing of soil &
aggregate, concrete, masonry, steel, and asphalt materials related to public safety projects for
the Facilities Management Department; providing for the expenditure of funds therefor; and
providing an effective date (RFQ 7703-001 - Professional Services Agreement for
professional services awarded to D&S Engineering Labs, LLC, in the not -to -exceed amount
of $175,300.70).
ASSIGNED ORDINANCE NO. 21-1888
Q. ID 21-1753 Consider approval of a resolution of the City of Denton allowing Profest, Inc. to
sell alcoholic beverages at the Denton Arts and Jazz Festival, on Friday, October 1, 2021,
from 3:00 p.m. to 11:00 p.m., Saturday, October 2, 2021, from 10:00 a.m. to 11:00 p.m., and
Sunday, October 3, 2021, from 11:00 a.m. to 9:00 p.m., at Quakertown Park, upon satisfying
certain conditions; authorizing the City Manager to execute an agreement in conformity with
this resolution; and providing for an effective date.
ASSIGNED RESOLUTION NO. 21-1753
R. ID 21-1755 Consider adoption of an ordinance of the City of Denton granting the
Denton Festival Foundation, Inc. a noise exception pursuant to Section 17-20 of the City of
Denton Code of Ordinances for the Denton Arts and Jazz Festival, which will be held on
Friday, October 1, 2021 from 3:00 p.m. to midnight, Saturday, October 2, 2021, from 10:00
p.m. to midnight, and Sunday, October 3, 2021, from 11:00 a.m. to 11:00 p.m., at
Quakertown Park in Denton, Texas; granting an exception for sound levels exceeding
seventy (70) decibels and a variance in the hours of operation on said date; and providing an
effective date.
ASSIGNED ORDINANCE NO. 21-1755
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S. ID 21-1780 Consider adoption of an ordinance of the City of Denton approving a City co-
sponsorship to the Denton Festival Foundation, Inc., in an amount not to exceed $179,975 of
in-kind services and resources for the 40th Annual Denton Arts and Jazz Festival, which will
be held on Friday, October 1, through Sunday, October 3, 2021, at Quakertown Park; and
providing an effective date.
ASSIGNED ORDINANCE NO. 21-1780
ITEMS PULLED FOR INDIVIDUAL CONSIDERATION
T. ID 21-1621 Consider adoption of an ordinance authorizing the City Manager to execute a
service agreement related to public, education, and government (PEG) grants with the
University of North Texas for its NTTV PEG channel; authorizing the expenditure of funds
therefor; and declaring an effective date.
ASSIGNED ORDINANCE NO. 21-1621
The item was pulled for Individual Consideration by Council Members Armintor and
Maguire.
There were no online registrations or call -ins on the item.
Council Members Maguire and Armintor had a conflict of interest and left the Council
Chambers.
The item was not presented and no discussion followed.
Council Member Davis moved to adopt the item as presented. Motion seconded by Council
Member Beck. Motion carried.
AYES (5): Mayor Hudspeth, Mayor Pro Tem Meltzer and Council Members Byrd, Beck,
and Davis
NAYS (0): None
ABSTAIN (2): Council Members Maguire and Armintor
U. ID 21-1622 Consider adoption of an ordinance authorizing the City Manager to execute a
service agreement related to public, education, and government (PEG) grants with the
Denton Independent School District for its PEG channel; authorizing the expenditure of
funds therefor; and declaring an effective date.
ASSIGNED ORDINANCE NO. 21-1622
The item was pulled for Individual Consideration by Council Members Davis and Maguire.
There were no online registrations or call -ins on the item.
Council Members Davis and Maguire had a conflict of interest and left the Council
Chambers.
The item was not presented and no discussion followed.
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Council Member Beck moved to adopt the item as presented. Motion seconded by Council
Member Byrd. Motion carried.
AYES (5): Mayor Hudspeth, Mayor Pro Tem Meltzer and Council Members Byrd, Beck,
and Armintor
NAYS (0): None
ABSTAIN (2): Council Members Davis and Maguire
V. ID 21-1623 Consider adoption of an ordinance authorizing the City Manager to execute a
service agreement related to public, education, and government (PEG) grants with the
University of North Texas for its Denton Community Television PEG channel; authorizing
the expenditure of funds therefor; and declaring an effective date.
ASSIGNED ORDINANCE NO. 21-1623
The item was pulled for Individual Consideration by Council Members Armintor and
Maguire.
There were no online registrations or call -ins on the item.
Council Members Maguire and Armintor had a conflict of interest and left the Council
Chambers.
The item was not presented and no discussion followed.
Council Member Beck moved to adopt the item as presented. Motion seconded by Council
Member Byrd. Motion carried.
AYES (5): Mayor Hudspeth, Mayor Pro Tem Meltzer and Council Members Byrd, Beck,
and Davis
NAYS (0): None
ABSTAIN (2): Council Members Maguire and Armintor
3. ITEMS FOR INDIVIDUAL CONSIDERATION
A. ID 21-1346 Consider nominations and appointments to the Downtown Denton Tax
Increment Financing Reinvestment Zone No. One Board (Downtown TIRZ), including
appointment of a Board Chair.
APPROVED
There were no online registrations or call -ins on the item.
The item was presented and discussion followed.
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Following discussion, Council Member Armintor moved to appoint Marybeth Reinke Doyle
(qualification of property owner or resident of the Zone) and Suzanne Johnson (qualification
of business owner of a business within the Zone or a member of the Denton Chamber of
Commerce Board of Directors). Motion seconded by Council Member Beck.
Council Member Davis moved to amend the motion made by Council Member Armintor to
appoint Marybeth Reinke Doyle (qualification of property owner or resident of the Zone)
and Suzanne Johnson (qualification of business owner of a business within the Zone or a
member of the Denton Chamber of Commerce Board of Directors), seconded by Council
Member Beck, to replace Kevin Roden (qualification of business owner of a business within
the Zone or a member of the Denton Chamber of Commerce Board of Directors) in place of
Suzanne Johnson. Motion seconded by Mayor Hudspeth.
Discussion continued.
Mayor Hudspeth republished Council Member Davis' amendment to the motion made by
Council Member Armintor to appoint Marybeth Reinke Doyle (qualification of property
owner or resident of the Zone) and Suzanne Johnson (qualification of business owner of a
business within the Zone or a member of the Denton Chamber of Commerce Board of
Directors) and seconded by Council Member Beck to replace Kevin Roden (qualification of
business owner of a business within the Zone or a member of the Denton Chamber of
Commerce Board of Directors) in place of Suzanne Johnson. Motion failed.
AYES (3): Mayor Hudspeth and Council Members Byrd and Davis
NAYS (4): Mayor Pro Tem Meltzer and Council Members Beck, Maguire, and Armintor
Mayor Hudspeth republished Council Member Armintor's original motion, seconded by
Council Member Beck, to appoint Marybeth Reinke Doyle (qualification of property owner
or resident of the Zone) and Suzanne Johnson (qualification of business owner of a business
within the Zone or a member of the Denton Chamber of Commerce Board of Directors).
Council Member Davis moved a friendly amendment to the motion to include the
reappointment of Council Member Byrd (City Council Member seat) and Melissa Lenaburg
(Property owner or resident of the Zone and as Chair).
Council Member Armintor and Council Member Beck accepted the amendment.
Mayor Hudspeth called for a vote on the motion made by Council Member Armintor,
seconded by Council Member Beck, and amended by Council Member Davis to appoint
Marybeth Reinke Doyle (Property owner or resident of the zone Seat) and Suzanne Johnson
(Business owner of a business within the Zone or a member of the Denton Chamber of
Commerce Board of Directors Seat) and include the appointment of Council Member Byrd
(qualification of City Council Member) and Melissa Lenaburg (qualification of property
owner or resident of the Zone and as Chair). Motion carried.
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AYES (7): Mayor Hudspeth, Mayor Pro Tem Meltzer and Council Members Byrd, Beck,
Davis, Maguire, and Armintor
NAYS (0): None
Appointments as approved under the final motion are detailed in Exhibit B, further detailing
the term assignment for each qualification as presented.
B. ID 21-1597 Consider adoption of an ordinance approving an economic development
agreement under Chapter 380 of the Local Government Code to promote economic
development and to stimulate business activity and economic growth of the City of Denton,
between the City of Denton and Safran Electrical Components USA, Inc., regarding the
expansion of operations and increase in the number of high wage or knowledge-based jobs
in the City of Denton; authorizing the expenditure of funds therefor; and providing an
effective date. The Economic Development Partnership Board recommends approval (8-0).
ASSIGNED ORDINANCE NO. 21-1597
There were no online registrations or call -ins on the item.
Items 3.13 (21-1597) and 3.0 (21-1598) were collectively read into the record, presented,
with no discussion following, but voted on individually.
Council Member Maguire moved to adopt the item as presented. Motion seconded by
Council Member Davis. Motion carried.
AYES (7): Mayor Hudspeth, Mayor Pro Tem Meltzer and Council Members Byrd, Beck,
Davis, Maguire, and Armintor
NAYS (0): None
C. ID 21-1598 Consider approval of a resolution of the City of Denton nominating Safran
Electrical Components USA, Inc., to the Office of the Governor Economic Development and
Tourism through the Economic Development Bank as a Half Enterprise Project; and
providing an effective date. The Economic Development Partnership Board recommends
approval (8-0).
ASSIGNED RESOLUTION NO. 21-1598
There were no online registrations or call -ins on the item.
Items 3.13 (21-1597) and 3.0 (21-1598) were collectively read into the record, presented,
with no discussion following, but voted on individually.
Council Member Davis moved to adopt the item as presented. Motion seconded by Council
Member Maguire. Motion carried.
AYES (7): Mayor Hudspeth, Mayor Pro Tem Meltzer and Council Members Byrd, Beck,
Davis, Maguire, and Armintor
NAYS (0): None
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D. ID 21-1896 Consider the nomination/appointment of David Shuck to the Board of Ethics.
APPROVED
There were no online registrations or call -ins on the item.
The item was presented and discussion followed.
Following discussion, Council Member Davis moved to appoint David Shuck to the Board
of Ethics' Alternate 3 position. Motion seconded by Council Member Byrd.
Discussion continued.
Council Member Armintor moved to postpone the item until a work session was held on her
request for discussion of special qualification requirements for certain boards/commissions.
Motion seconded by Council Member Maguire.
Discussion continued.
With discussion moving to the special qualification requirements for certain boards and
commission, Mayor Hudspeth ruled the issue was not within the posting of the agenda.
Council Member Beck called a point of order. At Mayor Hudspeth's inquiry, Interim City
Attorney Clifton reported the Mayor would rule on the point of order; and if no motion or
debate on the matter, his ruling would be final. Mayor Hudspeth subsequently ruled the point
of order and discussion of the topic was not germane to the motion. No motion or debate on
the ruling was forthcoming.
At Mayor Pro Tem Meltzer's inquiry, City Attorney Clifton confirmed the member currently
seated that did not meet the special qualification for Attorney or Retired Jurist (Annetta
Ramsey) could continue to hold over.
Following further discussion, Council Member Armintor withdrew her motion to postpone
the item until a work session was held on her request for discussion of special qualification
requirements for certain boards/commissions, with Council Member Maguire also
withdrawing her second.
Mayor Hudspeth republished Council Member Davis' original motion to appoint David
Shuck to the Board of Ethics' Alternate 3 position, seconded by Council Member Byrd.
Motion carried.
AYES (7): Mayor Hudspeth, Mayor Pro Tem Meltzer and Council Members Byrd, Beck,
Davis, Maguire, and Armintor
NAYS (0): None
Appointment details are detailed in Exhibit B, further detailing the term assignment and
special qualification as presented for consideration.
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Page 13
E. ID 21-1897 Consider the nomination/appointment of Annetta Ramsay to the Board of Ethics.
NOT CONSIDERED
The item was not presented and therefore not considered.
F. A21-0001 c Conduct the second of two readings and consider adoption of an ordinance of the
City of Denton, Texas annexing approximately 247.78 acres of land, generally located on the
southwest corner of I-35 North and the future extension of Loop 288 to the City of Denton,
Denton County, Texas; providing for a correction to the city map to include the annexed
land; and provide for a savings clause and an effective date. (A21-0001 c, Harris Ranch, Ron
Menguita)
ASSIGNED ORDINANCE NO. A21 -0001c
There were no online registrations or call -ins on the item.
The item was presented and no discussion followed.
Following commentary, Council Member Maguire moved to adopt the item as presented.
Motion seconded by Council Member Beck. Motion carried.
AYES (7): Mayor Hudspeth, Mayor Pro Tem Meltzer and Council Members Byrd, Beck,
Davis, Maguire, and Armintor
NAYS (0): None
4. PUBLIC HEARINGS
A. ID 21-1400 Hold a public hearing on a proposal to adopt a tax rate that will not exceed the
maximum allowable rate of $0.605454 per $100 valuation.
There were no online registrations or call -ins on the item.
The item was presented and discussion followed.
The public hearing was opened and with no speakers in the queue, the public hearing was
closed.
No formal action was taken as the item was only a public hearing.
B. ID 21-1399 Hold a public hearing and receive citizen input on the FY 2021-22 Proposed
Budget.
All members of the City Council received the comments as submitted and had the
opportunity to review all submissions prior to the start of the meeting and consider such
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Page 14
comments when voting on the item. The summary of public commentary/registrations are
noted in Exhibit A.
The item was presented and no discussion followed.
The public hearing was opened and citizen comments received are noted in Exhibit A.
With no other speakers on queue, the public hearing was closed.
No formal action was taken as the item was only a public hearing.
C. DCA21-0003a Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas amending the Denton Development Code table 3.5-C: HI District
Dimensional Standards and table 3.5.5: Summary Table of Other Nonresidential
Dimensional Standards; providing for a penalty in the maximum amount of $2,000.00 for
violations thereof; providing a severability clause and an effective date. The Planning and
Zoning Commission recommends approval of the request [5-0]. (DCA21-0003a, HI
Maximum Building Height, Ron Menguita)
ASSIGNED ORDINANCE NO. DCA21-0003a
There were no online registrations or call -ins on the item.
The item was presented and discussion followed.
The public hearing was opened and with no speakers in the queue, the public hearing was
closed.
Following discussion, Council Member Maguire moved to adopt the item as presented.
Motion seconded by Council Member Beck. Motion carried.
AYES (7): Mayor Hudspeth, Mayor Pro Tem Meltzer and Council Members Byrd, Beck,
Davis, Maguire, and Armintor
NAYS (0): None
5. CONCLUDING ITEMS
Council Members expressed items of interest.
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Page 15
With no further business, the meeting was adjourned at 8:15 p.m.
GERARD HUDSPETH
MAYOR
CITY OF DENTON, TEXAS
MINUTES APPROVED ON
ROSA RIOS
CITY SECRETARY
CITY OF DENTON, TEXAS
182
September 14, 2021 City Council Regular Meeting - EXHIBIT A
Speaker Commentaries/Registrations
Online, Email, Phone
Name
Last
Address
City
Agenda Item
Position
Method
Comments
Sharon
Cremer
3574 Pine Trail
Denton
21-1399
N/A
Telephone
Spoke to the issue of community needing better and more available mental health services. Excellent start to
a better system. City should invest in its citizens. Grew up in Denton in a fairly stable neighborhood. In 40
years in public classrooms, has observed mental crisis needs. Some of the situations she's observed and had
to deal with could have been dealt with by mental crisis unit respondent. Need trained specialists on
responding to mental crisis situations. Officer wearing a gun scares individuals. City needs to invest its
monies wisely and effectively. Budgets are tools. Use wisdom that many emergency calls are mental health
crisis; that care is needed.
Matt
Ransom
Not Provided
Denton
21-1399
N/A
In Person
Likes having police presence. Previously stayed at a hotel before he had an apartment, and police pulled up
and asked for his information. He liked it and it made him feel safe. Does not agree that others should
respond. Wants a good run State.
Margaret
Seward
2024 Hollyhill Lane
Denton
21-1399
Opposed
Online
I am against the increase to the tax rate. Please approve the no new tax rate.
Barbara
Troupe
1109 E Hickory
Denton
21-1399
N/A
Telephone
Spoke specifically to budget fund for police department; needs to be allocated for mental health care crisis
and resources. Grew up in southeast Denton and they are over policed. Every day sits on porch and sees
police officers speed down the street; sometimes with lights and sometimes just doing it. Come through
neighborhood with lights on terrorizing the neighborhood. This is unacceptable. When things are done like
this, neighborhood loses faith in the police department. A lot of things that go on do not need a police
officer but a mental health specialist and crisis unit. A lot of people have problems that they just need to
talk to someone; and to have a police officer show up (with a gun) when they really need to just speak to a
crisis specialist. Use funds instead of for police, use them to hire mental health advocate.
NOTE: Comments for those citizens addressing the City Council are an abbreviated summary. Information contained within this exhibit includes only commentary for Open Microphone, Consent, Individual Consideration and Public Hearing Items.
183
EXHIBIT B
September 14, 2021
Aaenda item 2.13 (ID 21-1350)
BOARD/COMMITTEEICOMMISSION
COUNCIL
NOMINATING
MEMBER
STATUS&
STATUS&
BOARD/COMMITTEEICOMMISSION
PLACE
CCM
FIRST NAME
NEW TERM
QUALIFICATION OR
PREFERENCE, IF ANY
September 1, 2021
UNEXPIRED
Marybeth Reinke Doyle
Committee on Persons with Disabilities
ALL -1
Maguire -4
Matthew Granados
September 1, 2020
New
September 1, 2021
through
Suzanne Johnson
to
Business owner of a business within the Zone or a member of the Denton Chamber of Commerce Board of
Hudspeth -T
David Shuck
August 31, 2022
Directors
September 1, 2021
UNEXPIRED
New
Committee on Persons with Disabilities
2
Beck -2
Mary A Kuhfeldt
September 1, 2020
Quoit-- DisVliCt2
September 1, 2021
Property owner or resident of the zone
through
August 31, 2022
Resident
to
&
UNEXPIRED
Chair
Community Services Advisory Committee
ALL -3
Hudspeth-]
Jim Mann
September 1, 2021
New
through
August 31, 2022
UNEXPIRED
Library Board
6
Meltzer -6
Sandy Swan
September 1, 2021
New
through
August 31, 2023
September 1, 2021
Public Art Committee
GDAC
GDAC
Frederick Nlchelson
to
Reappointment
August 31, 2023
UNEXPIRED
Public Art Committee
2
Bec12
Marie S. Nuchols
Septembeorl,2020
New
us131 2022
Agenda item 3.A fID 21-13461
ADenda item 3.D lID 91-1R961
COUNCIL
NOMINATING
MEMBER
STATUS&
STATUS&
BOARD/COMMITTEEICOMMISSION
NOMINEE
NEW TERM'
FIRST NAME
QUALIFICATIOOR PREFERENCE, IF ANY
N
QUALIFICATION OR
September 1, 2021
Downtown Denton Tax Increment Financing Reirwestmenl Zone No. One Board
Marybeth Reinke Doyle
to
Property owner or resident of the zone
August 31, 2023
September 1, 2021
Downtown Denton Tax Increment Financing Reinvestment Zone No. One Board
Suzanne Johnson
to
Business owner of a business within the Zone or a member of the Denton Chamber of Commerce Board of
Hudspeth -T
David Shuck
August 31, 2023
Directors
September 1, 2021
Downtown Denton Tax Increment Financing Reinvestment Zone No. One Board
Vicki Byrd
to
City Council Member
Auqust31,2023
September 1, 2021
Property owner or resident of the zone
Downtown Denton Tax Increment Financing Reinvestment Zone No. One Board
Melissa Lenaburg
to
&
Auqust 31, 2023
Chair
ADenda item 3.D lID 91-1R961
184
COUNCIL
NOMINATING
MEMBER
STATUS&
BOARD/COMMITTEEICOMMISSION
PLACE
CCM
FIRST NAME
NEW TERM
QUALIFICATION OR
PREFERENCE, IF ANY
UNEXPIRED
September 1, 2021
New
Board of Ethics
ALT -3
Hudspeth -T
David Shuck
through
Qua18. 3: Engineer
August 31, 2023
184
CITY OF DENTON CITY COUNCIL MINUTES
September 21, 2021
After determining that a quorum was present, the City Council of the City of Denton, Texas
convened in a Work Session on Tuesday, September 21, 2021, at 3:03 p.m. in the Council
Chambers at City Hall, 215 E. McKinney Street, Denton, Texas.
PRESENT IN PERSON: Mayor Gerard Hudspeth and Council Members Vicki Byrd, Brian
Beck, and Alison Maguire
PRESENT VIRTUALLY: Mayor Pro Tem Paul Meltzer and Council Members Jesse Davis
and Deb Armintor
ABSENT: None
Also present were Interim City Manager Sara Hensley and Interim City Attorney Catherine
Clifton.
The posted agenda noted the registration process for both in-person, call-in, and virtual
public participation at this meeting. While citizen commentary received via the online
registration process was not read, each member for the City Council received each online
commentary as it was submitted. Both in-person, call-in, and online comments received are
reflected in the exhibit to the minutes of this meeting.
WORK SESSION
1. Citizen Comments on Consent Agenda Items
None
2. Requests for clarification of agenda items listed on this agenda.
• Clarification was requested on the following items:
o Council Member Beck: Items 4.R (21-1872) and 4.AE (21-1953)
o Council Member Byrd: Items 4.Q (21-1919),4.V (21-1878), and 4.AD (21-1662)
• The following item was pulled for Individual Consideration:
o Council Member Armintor: Item 4.AE (21-1953)
3. Work Session Reports
NOTE: The items are listed in the order presented/discussed.
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Page 2
B. ID 21-1836 Receive a report, hold a discussion, and give staff direction regarding the FY21-
22 City Council Priorities and other items as discussed during the Annual City Council
Retreat.
The item was presented and discussion followed.
Following discussion, no changes were requested by City Council. Staff reported they would
look at creating guidelines with categories to better standardize how City Council Members
could communicate their priority for City Council requests made through the pitch process.
D. ID 21-1894 Receive a report, hold a discussion, and give staff direction regarding an update
to the City of Denton's COVID-19 response.
The item related to Individual Consideration Item 5.A (21-1986) scheduled for later in the
day.
The item was presented and discussion followed.
Following discussion, there was no direction provided by City Council. Staff will continue
to provide updates during future work sessions.
A. ID 21-1835 Receive a report from the City of Denton's current Denton County
Transportation Authority Board of Directors appointee and hold a discussion.
The item was presented and discussion followed.
Following discussion, there was no direction provided as the item was for
presentation/discussion purposes.
Council Member Davis arrived at 4:16 p.m.
C. ID 21-1750 Receive a report, hold a discussion, and give staff direction regarding the
proposed interactive fountain at the Rayzor Ranch property, 3230 Heritage Trail.
The item was presented and discussion followed.
Following discussion, City Council consensus was for Staff to review funding options to be
presented at a future work session.
E. ID 21-1273 Receive a report, hold a discussion, and give staff direction on pending City
Council requests for:
1) A work session to discuss directing the Public Art Committee to explore commissioning
a statue of Abner Haynes, to be installed on City property.
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Page 3
• Item 21-1273 1) A work session to discuss directing the Public Art Committee to explore
commissioning a statue of Abner Haynes, to be installed on City property.
o Consensus for a future work session.
The work session ended at 5:58 p.m.
REGULAR MEETING
After determining that a quorum was present, the City Council of the City of Denton, Texas
convened in a Regular Called Meeting on Tuesday, September 21, 2021, at 8:10 p.m. in the
Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas.
PRESENT IN PERSON: Mayor Gerard Hudspeth and Council Members Vicki Byrd, Brian
Beck, and Alison Maguire
PRESENT VIRTUALLY: Mayor Pro Tem Paul Meltzer, and Council Members Jesse Davis
and Deb Armintor
ABSENT: None
Also present were Interim City Manager Sara Hensley and Interim City Attorney Catherine
Clifton.
The posted agenda noted the registration process for both in-person, call-in, and virtual
public participation at this meeting. While citizen commentary received via the online
registration process was not read, each member for the City Council received each online
commentary as it was submitted. Both in-person, call-in, and online comments received are
reflected in the exhibit to the minutes of this meeting.
1. PLEDGE OF ALLEGIANCE
A. U.S. Flag and B. Texas Flag
2. PROCLAMATIONS/PRESENTATIONS
A. ID 21-1822 Proclamation: Fire Prevention Week
PRESENTED
B. ID 21-1644 Proclamation: Live United Month
PRESENTED
C. ID 21-1820 Proclamation: Constitution Week
PRESENTED
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Page 4
D. ID 21-1855 Proclamation: Tim Sanchez Remembrance Day
PRESENTED
E. ID 21-1978 Presentation: Recognition of service in Finance
NOT PRESENTED; RESCHEDULED FOR A FUTURE DATE
3. PRESENTATION FROM MEMBERS OF THE PUBLIC
A. Review of procedures for addressing the City Council.
NOT PRESENTED DUE TO TECHNICAL DIFFICULTIES
B. Reports from members of the public
1) Receive Scheduled Citizen Reports from Members of the Public
a. Ms. Kim Cloud, 2221 Hwy 407, regarding the 'Bedtime Rescue" program,
providing temporary housing to homeless families to the Denton community.
PRESENTED
b. Mr. Patrick Comiskey, 4200 Plumbago Dr., regarding agricultural use of property
and permitting of improvements at 6501 Shiloh Road and 6505 Shiloh Road.
PRESENTED
2) Additional Citizen Reports (Open Microphone)
Citizen comments received are noted in Exhibit A.
4. CONSENT AGENDA
The Consent Agenda consisted of Items 4. A -AF. During the Work Session held earlier in the day,
Item 4.AE (21-1953) was pulled for Individual Consideration by Council Member Armintor.
Council Member Beck moved to adopt the Consent Agenda, now consisting of Items 4.A -AD and
AF. Motion seconded by Council Member Maguire. Motion carried.
AYES (7): Mayor Hudspeth, Mayor Pro Tem Meltzer and Council Members Byrd, Beck, Davis,
Maguire, and Armintor
NAYS (0): None
A. ID 21-2063 Consider the approval of the minutes for September 13, 2021
APPROVED
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Page 5
B. ID 21-1353 Consider nominations/appointments to the City's Boards, Commissions, and
Committees: Airport Advisory Board, Committee on Persons with Disabilities, Community
Services Advisory Committee, and Traffic Safety Commission.
APPROVED
Appointments listed on Exhibit B.
C. ID 21-1723 Consider adoption of an ordinance of the City of Denton authorizing a service
agreement between the City of Denton and CASA of Denton County; authorizing the City
Manager to execute said agreement; providing for the expenditure of council contingency
funds in an amount not to exceed Six Hundred dollars ($600); and providing an effective
date.
ASSIGNED ORDINANCE NO. 21-4723
D. ID 21-1724 Consider adoption of an ordinance of the City of Denton authorizing a service
agreement between the City of Denton and Children's Advocacy Center for Denton County;
authorizing the City Manager to execute said agreement; providing for the expenditure of
council contingency funds in an amount not to exceed two hundred dollars ($250); and
providing an effective date.
ASSIGNED ORDINANCE NO. 21-1724
E. ID 21-1728 Consider adoption of an ordinance of the City of Denton authorizing a service
agreement between the City of Denton and the Denton African American Scholarship
Foundation, Incorporated for the Denton Black Film Festival; authorizing the City Manager
to execute said agreement; providing for the expenditure of council contingency funds in an
amount not to exceed One Hundred dollars ($100); and providing for an effective date.
ASSIGNED ORDINANCE NO. 21-1728
F. ID 21-1729 Consider adoption of an ordinance of the City of Denton authorizing a service
agreement between the City of Denton and the Denton Black Chamber of Commerce;
authorizing the City Manager to execute said agreement; providing for the expenditure of
Council Contingency funds in an amount not to exceed Nine Hundred dollars ($900); and
providing for an effective date.
ASSIGNED ORDINANCE NO. 21-1729
G. ID 21-1731 Consider adoption of an ordinance of the City of Denton authorizing a service
agreement between the City of Denton and Denton Community Food Center; authorizing the
City Manager to execute said agreement; providing for the expenditure of council
contingency funds in an amount not to exceed Five Hundred Sixty -Seven dollars ($567); and
providing for an effective date.
ASSIGNED ORDINANCE NO. 21-1731
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H. ID 21-1733 Consider adoption of an ordinance of the City of Denton authorizing a service
agreement between the City of Denton and Denton Music and Arts Collaborative;
authorizing the City Manager to execute said agreement; providing for the expenditure of
council contingency funds in an amount not to exceed one thousand sixty-six dollars
($1,066.00); and providing for an effective date.
ASSIGNED ORDINANCE NO. 21-1733
I. ID 21-1735 Consider adoption of an ordinance of the City of Denton authorizing a service
agreement between the City of Denton and Giving Hope, Inc.; authorizing the City Manager
to execute said agreement; providing for the expenditure of council contingency funds in an
amount not to exceed seven hundred dollars ($700.00); and providing an effective date.
ASSIGNED ORDINANCE NO. 21-1735
ID 21-1736 Consider adoption of an ordinance of the city of Denton authorizing a service
agreement between the City of Denton and Breakfast Kiwanis Club of Denton; authorizing
the City Manager to execute said agreement; providing for the expenditure of council
contingency funds in an amount not to exceed two hundred dollars ($200); and providing for
an effective date.
ASSIGNED ORDINANCE NO. 21-1736
K. ID 21-1737 Consider adoption of an ordinance of the City of Denton authorizing a service
agreement between the City of Denton and Boy Scout Troop 65 - 1918 Foundation;
authorizing the City Manager to execute said agreement; providing for the expenditure of
council contingency funds in an amount not to exceed one thousand seven hundred dollars
($1,700); and providing for an effective date.
ASSIGNED ORDINANCE NO. 21-1737
L. ID 21-1740 Consider adoption of an ordinance of the City of Denton authorizing a service
agreement between the City of Denton and New Generation Childcare Center; authorizing
the City Manager to execute said agreement; providing for the expenditure of council
contingency funds in an amount not to exceed one thousand dollars ($1,000); and providing
for an effective date.
ASSIGNED ORDINANCE NO. 21-1740
M. ID 21-1741 Consider adoption of an ordinance of the City of Denton authorizing a service
agreement between the City of Denton and Solutions of North Texas; authorizing the City
Manager to execute said agreement; providing for the expenditure of council contingency
funds in an amount not to exceed eight hundred fifty dollars ($850); and providing for an
effective date.
ASSIGNED ORDINANCE NO. 21-1741
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N. ID 21-1742 Consider adoption of an ordinance of the City of Denton authorizing a service
agreement between the City of Denton and United Way of Denton County; authorizing the
City Manager to execute said agreement; providing for the expenditure of council
contingency funds in an amount not to exceed five hundred dollars ($500); and providing for
an effective date.
ASSIGNED ORDINANCE NO. 21-1742
O. ID 21-1743 Consider adoption of an ordinance of the City of Denton authorizing a service
agreement between the City of Denton and Project Hope; authorizing the City Manager to
execute said agreement; providing for the expenditure of council contingency funds in an
amount not to exceed two hundred dollars ($200); and providing for an effective date.
ASSIGNED ORDINANCE NO. 21-1743
P. ID 21-1744 Consider adoption of an ordinance of the City of Denton authorizing a service
agreement between the City of Denton and Hallie's Heroes, Inc.; authorizing the City
Manager to execute said agreement; providing for the expenditure of council contingency
funds in an amount not to exceed five hundred sixty-seven dollars ($567); and providing for
an effective date.
ASSIGNED ORDINANCE NO. 21-1744
Q. ID 21-1919 Consider approval of a resolution of the City of Denton authorizing the
submission of an application to the Texas Parks and Wildlife Department (TPWD) Local
Parks Grant Program 2022 in the amount of $621,562 for the materials and construction of a
park site on the Villages of Carmel Property; and providing for an effective date.
ASSIGNED RESOLUTION NO. 21-1919
R. ID 21-1872 Consider adoption of an ordinance of the City of Denton, a Texas home -rule
municipal corporation, authorizing the City Manager to execute a contract with NTS
Mikedon dba National Trench Safety, LLC, for the rental of trench and confined space entry
safety equipment for the Water Distribution, Wastewater Collections, and Drainage
Departments; providing for the expenditure of funds therefor; and providing an effective date
(RFP 7653 - awarded to NTS Mikedon dba National Trench Safety, LLC, 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 $350,000.00). The Public Utilities Board recommends approval (6 - 0).
ASSIGNED ORDINANCE NO. 21-1872
S. ID 21-1873 Consider adoption of an ordinance of the City of Denton, a Texas home -rule
municipal corporation, authorizing the City Manager to execute a contract with Robert Wyatt
Contracting, LLC, for the demolition, removal, and cleanup of two (2) commercial buildings
located on the proposed Eagle Substation site for Denton Municipal Electric; providing for
the expenditure of funds therefor; and providing an effective date (IFB 7731 - awarded to
Robert Wyatt Contracting, LLC, in the not -to -exceed amount of $326,968.78). The Public
Utilities Board recommends approval (6 - 0).
ASSIGNED ORDINANCE NO. 21-1873
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T. ID 21-1874 Consider adoption of an ordinance of the City of Denton, a Texas home -rule
municipal corporation, authorizing the City Manager to execute a contract with Dallas Lite
and Barricade, Inc., for the rental of barricades to be used throughout the City by various
departments; providing for the expenditure of funds therefor; and providing an effective date
(RFP 7741 - awarded to Dallas Lite and Barricade, Inc., 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 $1,050,000.00). The Public Utilities Board recommends approval (6 - 0).
ASSIGNED ORDINANCE NO. 21-1874
U. ID 21-1877 Consider adoption of an ordinance of the City of Denton, a Texas home -rule
municipal corporation, authorizing the City Manager to execute a contract with C&H Sales
and Services Company, Inc., to collect oil and SF6 gas samples from transformers and
breakers to be sent to a lab to be tested for Denton Municipal Electric, Proposal Pricing Lines
10-13; providing for the expenditure of funds therefor; and providing an effective date (RFP
7674 - awarded to C&H Sales and Services Company, Inc., 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 $483,000.00). The Public Utilities Board recommends approval (6 - 0).
ASSIGNED ORDINANCE NO. 21-1877
V. ID 21-1878 Consider adoption of an ordinance of the City of Denton, a Texas home -rule
municipal corporation, authorizing the City Manager to execute a contract with TransFluid
Services, Inc., to replace transformer bushing insulators, perform on -load tap changer (LTC)
maintenance, transformer testing, and replacement of breakers or transformers when needed
for the City of Denton, Proposal Pricing Lines 1-9 and 14-17; providing for the expenditure
of funds therefor; and providing an effective date (RFP 7674 - awarded to TransFluid
Services, Inc., 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 $750,000.00). The Public
Utilities Board recommends approval (6 - 0).
ASSIGNED ORDINANCE NO. 21-1878
W. ID 21-1879 Consider adoption of an ordinance of the City of Denton, a Texas home -rule
municipal corporation, authorizing the City Manager to execute a contract with Open
Systems International, Inc., for the renewal of maintenance, support, and upgrade services of
OSI Monarch for Denton Municipal Electric, which is the sole provider of this software, in
accordance with Texas Local Government Code 252.022, which provides that procurement
of commodities and services that are available from one source are exempt from competitive
bidding, and if over $50,000 shall be awarded by the governing body; providing for the
expenditure of funds therefor; and providing an effective date (File 7718 - awarded to Open
Systems International, Inc., in the five (5) year not -to -exceed amount of $1,500,000.00). The
Public Utilities Board recommends approval (6 - 0).
ASSIGNED ORDINANCE NO. 21-1879
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Page 9
X. ID 21-1917 Consider adoption of an ordinance of the City of Denton, a Texas home -rule
municipal corporation, authorizing the City Manager to execute a contract with Stuart C. Irby
Company, for the Di -Electric Testing of Live -Line Tools and Grounding Equipment for
Denton Municipal Electric; providing for the expenditure of funds therefor; and providing
an effective date (RFP 7715 - awarded to Stuart C. Irby Company, 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 $150,000.00). The Public Utilities Board recommends approval (6 - 0).
ASSIGNED ORDINANCE NO. 21-1917
Y. ID 21-1920 Consider adoption of an ordinance of the City of Denton, a Texas home -rule
municipal corporation, authorizing the City Manager to execute a contract with Questica,
Inc., for the renewal extension of Budgeting Software for the Budget Department, which is
the sole provider of this software, in accordance with Texas Local Government Code
252.022, which provides that procurement of commodities and services that are available
from one source are exempt from competitive bidding, and if over $50,000 shall be awarded
by the governing body; providing for the expenditure of funds therefor; and providing an
effective date (File 7778 - awarded to Questica, Inc., in the five (5) year not -to -exceed
amount of $325,000.00).
ASSIGNED ORDINANCE NO. 21-1920
Z. ID 21-1756 Consider adoption of an ordinance of the City of Denton granting Checkered
Flag Promotions a noise exception pursuant to Section 17-20 of the City of Denton Code of
Ordinances, with respect to sound levels for the No Limits Monster Truck Show, which will
be held on Saturday, October 16, 2021 from 1:00 p.m. to 3:00 p.m., and 7:00 p.m. to 9:45
p.m., at the North Texas Fair Grounds; granting an increase in sound levels on said dates for
Saturday from 1:00 p.m. to 3:00 p.m., and 7:00 p.m. to 9:45 p.m., with sound not to exceed
70 decibels; and providing an effective date.
ASSIGNED ORDINANCE NO. 21-1756
AA. ID 21-1758 Consider adoption of an ordinance of the City of Denton granting The Village
Church Denton a noise exception pursuant to Section 17-20 of the City of Denton Code of
Ordinances for a celebration service, which will be held on Sunday, October 24, 2021, from
10:00 a.m. to 11:00 a.m., at North Lakes Parkin Denton, Texas; granting an increase in sound
levels and a variance in the hours of operation on said date from 10:00 a.m. to 11:00 a.m.,
with sound not to exceed 75 decibels; and providing an effective date.
ASSIGNED ORDINANCE NO. 21-1758
AB. ID 21-1900 Consider approval of a resolution of the City of Denton adopting the Bowling
Green Park Master Plan and declaring an effective date.
ASSIGNED RESOLUTION NO. 21-1900
AC. ID 21-1905 Consider approval of a resolution of the City of Denton adopting the Villages of
Carmel Property Master Plan and declaring an effective date.
ASSIGNED RESOLUTION NO. 21-1905
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AD. ID 21-1662 Consider adoption of an ordinance of the City of Denton authorizing the City
Manager, or her designee, to execute an agreement between the City of Denton, Texas and
the Children's Advocacy Center for Denton County, providing for client and clinical services
to victims of child abuse and non -offending family members; and providing for the
expenditure of funds in the amount of $141,950; and providing for an effective date.
ASSIGNED ORDINANCE NO. 21-1662
AF. EAR21-0002 Consider adoption of an ordinance of the City of Denton releasing, abandoning,
and vacating a 0.504 acre sanitary sewer easement granted to the City of Denton by Alex
Kaiser and Rachel Kaiser, recorded as Instrument No. 2016-21238 and corrected by
Instrument No. 2016-64812 both in the Real Property Records of Denton County, Texas;
providing for severability and an effective date. (Wright Addition, Sanitary Sewer Easement
abandonment - Mark Laird)
ASSIGNED ORDINANCE NO. EAR21-0002
ITEM PULLED FOR INDIVIDUAL CONSIDERATION
AE. ID 21-1953 Consider adoption of an ordinance of the City of Denton authorizing the City
Manager to execute a new Listing Agreement with Axis Realty Group of Denton, Inc. and
the Denton Chamber of Commerce for the sale of certain real property and improvements
comprised of a 0.449 acre tract located at 414 West Parkway Street, Denton, Texas; and
providing an effective date.
ASSIGNED ORDINANCE NO. 21-1953
The item was pulled for Individual Consideration by Council Member Armintor.
The item was presented and discussion followed.
There were no online registrations or call -ins on the item.
Mayor Hudspeth moved to adopt the item as presented. Motion seconded by Council
Member Byrd.
Council Member Armintor offered a friendly amendment to not incorporate the
recommendation of dropping the listing price and wait until the City Council could meet to
discuss options. Mayor Hudspeth did not accept the friendly amendment.
Following further discussion, Mayor Hudspeth republished his original motion to adopt the
item as presented. Motion seconded by Council Member Byrd. Motion carried.
AYES (5): Mayor Hudspeth, Mayor Pro Tem Meltzer and Council Members Byrd, Beck,
and Davis
NAYS (2): Council Members Maguire and Armintor
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Page 11
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. ID 21-1825 Consider adoption of an ordinance of the City of Denton, a Texas home -rule
municipal corporation, extending the effective period of the declared state of local disaster
related to the COVID-19 emergency as provided in Ordinance No. 21-1290 to December 31,
2021; superseding and replacing the Fourteenth Order of Council of the City of Denton
issued August 24, 2021 approved by Ordinance No. 21-1831; providing a repealer clause;
and providing an effective date.
ASSIGNED ORDINANCE NO. 21-1825
There were no online registrations or call -ins on the item.
The item related to Work Session Item 3.13 (21-1836) discussed earlier in the day.
The item was not presented or discussed.
Council Member Maguire moved to adopt the item as presented. Motion seconded by
Council Member Beck. Motion carried.
AYES (5): Mayor Pro Tem Meltzer and Council Members Byrd, Beck, Maguire, and
Armintor
NAYS (2): Mayor Hudspeth, and Council Members Davis
B. ID 21-1875 Consider adoption of an ordinance of the City of Denton, a Texas home -rule
municipal corporation, authorizing the City Manager to execute a contract with Classic
Chevrolet, Inc., for the supply of light duty vehicles which include sedans, passenger vans,
pickup trucks, hybrid, and electric vehicles for various City of Denton departments;
providing for the expenditure of funds therefor; and providing an effective date (RFP 7661 -
awarded to Classic Chevrolet, Inc., 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 $6,000,000.00).
The Public Utilities Board recommends approval (6 - 0).
ASSIGNED ORDINANCE NO. 21-1875
There were no online registrations or call -ins on the item.
The item was presented and discussion followed.
Following discussion, Council Member Byrd moved to adopt the item as presented. Motion
seconded by Council Member Maguire. Motion carried.
AYES (5): Mayor Hudspeth and Council Members Byrd, Beck, Davis, and Maguire
NAYS (2): Mayor Pro Tem Meltzer and Council Member Armintor
The meeting was recessed at 8:56 p.m. for a short break and reconvened at 9:08 p.m.
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C. ID 21-1918 Consider adoption of an ordinance of the City of Denton, a Texas home -rule
municipal corporation, authorizing the City Manager to execute a contract with Primoris
T&D Services, LLC., to perform normal and emergency operating, maintenance, and
construction work on the overhead electric distribution system for Denton Municipal
Electric; providing for the expenditure of funds therefor; and providing an effective date
(RFP 7725 - awarded to Primoris T&D Services, LLC., in the five (5) year not -to -exceed
amount of $15,000,000.00). The Public Utilities Board recommends approval (6 - 0).
NOT CONSIDERED; POSTPONED TO SEPTEMBER 28, 2021
The item was not considered due to technical difficulties and postponed to September 28,
2021.
D. HL21-0002a Consider approval of a resolution of the City of Denton, Texas approving an
application for a partial tax exemption of designated historic sites, in accordance with
Chapter 10, Article VI, Sections 10-126 through 10-129 of the Denton Municipal Code of
Ordinances, for a Local Historic Landmark, located at 1015 West Oak Street in the Oak -
Hickory Historic District (OHH), generally located on the south side of West Oak Street,
between Denton Street and North Welch Street; providing for severability; and providing an
effective date. (HL21-0002a, 1015 W Oak Street - Tax Exemption, Cameron Robertson)
NOT CONSIDERED; POSTPONED TO SEPTEMBER 28, 2021
The item was not considered due to technical difficulties and postponed to September 28,
2021.
E. ID 21-1955 Consider adoption of an ordinance adopting a schedule of fees for the use of the
Denton Police Department training facilities, firearms range, special events, off-duty police
officers, and motor vehicle escorts for hire; providing for severability; providing a repealer;
and establishing an effective date.
NOT CONSIDERED; POSTPONED TO SEPTEMBER 28, 2021
The item was not considered due to technical difficulties and postponed to September 28,
2021.
F. ID 21-1956 Consider adoption of an ordinance of the City of Denton adopting a schedule of
fees for cemeteries and use of certain park facilities; superseding all prior fees in conflict
with such schedule; providing for severability; and providing an effective date.
NOT CONSIDERED; POSTPONED TO SEPTEMBER 28, 2021
The item was not considered due to technical difficulties and postponed to September 28,
2021.
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Page 13
G. ID 21-1957 Consider adoption of an ordinance adopting a schedule of fees for the Denton
Fire Department; superseding all prior fees in conflict with such schedule; providing for
severability; providing a repealer; and establishing an effective date.
NOT CONSIDERED; POSTPONED TO SEPTEMBER 28, 2021
The item was not considered due to technical difficulties and postponed to September 28,
2021.
H. ID 21-1959 Consider adoption of an ordinance of the City of Denton amending the City's
fund balance policy related to the utility fund reserve levels; and providing an effective date.
The Public Utilities Board (PUB) recommends approval (7-0).
NOT CONSIDERED; POSTPONED TO SEPTEMBER 28, 2021
The item was not considered due to technical difficulties and postponed to September 28,
2021.
I. ID 21-1963 Consider adoption of an ordinance of the City of Denton, Texas, establishing the
rates for Water and Water service; providing for a repealer; providing for a severability
clause; and, providing an effective date. The Public Utilities Board (PUB) recommends
approval (7-0).
NOT CONSIDERED; POSTPONED TO SEPTEMBER 28, 2021
The item was not considered due to technical difficulties and postponed to September 28,
2021.
ID 21-1965 Consider adoption of an ordinance of the City of Denton, Texas, establishing the
schedule of rates for Wastewater service; providing for a repealer; providing for a
severability clause; and, providing for an effective date. The Public Utilities Board (PUB)
recommends approval (7-0).
NOT CONSIDERED; POSTPONED TO SEPTEMBER 28, 2021
The item was not considered due to technical difficulties and postponed to September 28,
2021.
K. ID 21-1967 Consider adoption of an ordinance of the City of Denton, Texas, establishing the
rates for Solid Waste and Recycling collection service; repealing Ordinance No. 20-1551;
providing for a repealer; providing for a severability clause; and, providing an effective date.
The Public Utilities Board (PUB) recommends approval (7-0).
NOT CONSIDERED; POSTPONED TO SEPTEMBER 28, 2021
The item was not considered due to technical difficulties and postponed to September 28,
2021.
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L. ID 21-1992 Consider adoption of an ordinance of the City of Denton, Texas, amending the
Fiscal Year 2020-2021 Budget and Annual Program of Services of the City of Denton to
allow for adjustments to the Fleet Fund of Five Hundred Thousand Dollars ($500,000);
declaring a public purpose; providing a severability clause, an open meetings clause and an
effective date.
NOT CONSIDERED; POSTPONED TO SEPTEMBER 28, 2021
The item was not considered due to technical difficulties and postponed to September 28,
2021.
M. ID 21-1993 Consider adoption of an ordinance of the City of Denton, Texas, amending the
Fiscal Year 2020-2021 Budget and Annual Program of Services of the City of Denton to
allow for adjustments to the General Fund of Four Million Dollars ($4,000,000); declaring a
public purpose; providing a severability clause, an open meetings clause and an effective
date.
NOT CONSIDERED; POSTPONED TO SEPTEMBER 28, 2021
The item was not considered due to technical difficulties and postponed to September 28,
2021.
6. BUDGET ITEMS FOR INDIVIDUAL CONSIDERATION
A. ID 21-1986 Consider adoption of an ordinance of the City of Denton, Texas, adopting the
fiscal year 2021-2022 Annual Program of Services (Budget) and the Capital Improvement
Program of the City of Denton, Texas, for the fiscal year beginning on October 1, 2021 and
ending on September 30, 2022; and declaring an effective date.
ASSIGNED ORDINANCE NO. 21-1986
There were no online registrations or call ins on the item.
Due to technical difficulties Mayor Hudspeth requested City Council consensus as to
consideration of pending items. Staff advised as to the items requiring consideration and
action.
Council Member Armintor called a point of order stating Council Member Maguire needed
her questions answered in order to provide direction. Mayor Hudspeth addressed the point
of order; and with no motion or debate forthcoming, discussion continued.
The item was presented and discussion followed.
Mayor Hudspeth moved to adopt the item as presented. Motion failed for lack of second.
Mayor Hudspeth moved to table the item to allow time to allow time to properly present a
proposed motion. Motion failed for lack of second.
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The meeting was recessed due to a temporary lack of a quorum at the dais at 9:22 p.m. and
reconvened at 9:30 p.m.
Mayor Hudspeth opened the floor for discussion on how to proceed with consideration of
items 5.0-M, 6.A -D, and 7.A -D. The consensus of the City Council was to move forward
with items 6.A -D and 7.B with the postponement of 7.A, 7.0 and 7.D.
Citizen comments are noted in Exhibit A.
Mayor Hudspeth moved to adopt the item as presented. Motion seconded by Council
Member Davis.
Discussion continued.
Council Member Davis offered a friendly amendment to adopt the proposed ordinance with
the Sustainability Framework Fund being listed at $300,000.00. Mayor Hudspeth accepted
the friendly amendment.
Mayor Hudspeth republished the motion to adopt the proposed ordinance as amended to
reflect the Sustainability Framework Fund being listed at $300,000.00, seconded by Council
Member Davis.
Discussion continued.
Mayor Pro Tem Meltzer moved to amend the current motion to provide that revenues
associated with the Core Scientific deal remain unallocated at this time and be revisited when
sustainability projects could be evaluated alongside other expenditures. Motion to amend
failed for lack of a second.
Mayor Hudspeth republished the motion to adopt the proposed ordinance as amended reflect
the Sustainability Framework Fund being listed at $300,000.00, seconded by Council
Member Davis. Motion failed.
AYES (2): Mayor Hudspeth and Council Member Davis
NAYS (4): Mayor Pro Tem Meltzer and Council Members Byrd, Beck, and Maguire
ABSENT WHEN VOTE TAKEN (1): Council Member Armintor
Council Member Maguire moved to approve the ordinance as presented. Motion seconded
Council Member Beck. Motion failed.
AYES (3): Council Members Byrd, Beck, and Maguire
NAYS (3): Mayor Hudspeth, Mayor Pro Tem Meltzer and Council Member Davis
ABSENT WHEN VOTE TAKEN (1): Council Member Armintor
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Following further discussion, Interim City Attorney Clifton advised City Council should
convene in an Executive Session.
City Council convened into an Executive Session at 10:13 p.m. pursuant to Texas
Government Code Section 551.071 (Consultation with Attorney). The Executive Session
ended at 10:36 p.m. No votes or actions were taken during the Executive Session.
Mayor Hudspeth moved to reconsider the item to allow adoption of the budget as presented.
Council Member Davis called a point of order stating a member must be on the prevailing
side to move for reconsideration. Mayor Hudspeth accepted the point of order. Motion died
for lack of a second.
Mayor Hudspeth placed item 6.A (21-1986) on the table in order to address Public Hearing
Items 7.A -7.D. Refer to Pages 19-21 for details.
Following consideration of Public Hearing Items 7.A-7.1), Mayor Hudspeth removed the
item [6.A (21-1986)] from the table.
Council Member Maguire moved for reconsideration of the item to allow approval of the
item as presented. Council Member Davis called a point of order stating a member making a
motion to reconsider must be on the prevailing side; and Robert's Rules of Order states with
a tie vote the prevailing side is the nays. Mayor Hudspeth requested determination from
Interim City Attorney Clifton as to the point of order. Interim City Attorney Clifton agreed
with the point of order. Mayor Hudspeth approved the point of order. Council Member
Maguire withdrew her motion.
Discussion continued.
The meeting was recessed at 11:15 p.m. for a short break and reconvened at 11:26 p.m.
Council Member Davis moved to approve the item as presented with the amendment that the
Sustainability Framework Fund be list at $500,000. Motion seconded by Mayor Pro Tem
Meltzer.
Following further discussion, Council Member Beck moved a friendly amendment to
approve the proposed ordinance adopting the budget as presented, contingent upon a budget
reconsideration in March 2022 where the Sustainability Framework Fund is funded no less
than $1.2 million. Council Member Davis did not accept the friendly amendment.
Discussion continued.
Following further discussion, Council Member Beck moved to amend the motion with the
agreement to revisit and do a budget amendment of $700,000 for the Sustainability Fund in
March 2022. Motion seconded by Council Member Byrd.
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Page 17
Discussion continued.
Following further discussion, Council Member Beck moved to further amend the motion to
include a consideration of no less than $700,000.00 for the Sustainability Fund in a budget
amendment in March 2022. Motion seconded by Council Member Byrd. Motion carried.
AYES (6): Mayor Hudspeth, Mayor Pro Tem Meltzer and Council Members Byrd, Beck,
Davis, and Maguire
NAYS (0): None
ABSENT WHEN VOTE TAKEN (1): Council Member Armintor
Mayor Hudspeth republished the original motion by Council Member Davis, seconded by
Mayor Tem Meltzer to approve the item as presented with the following amendments:
• Sustainability Framework Fund - $500,000.00 dollars;
• A budget amendment proposal to increase the Sustainability Framework Fund
by at least $700,000 will be brought to City Council for consideration in March
of 2022.
Motion carried.
AYES (6): Mayor Hudspeth, Mayor Pro Tem Meltzer and Council Members Byrd, Beck,
Davis, and Maguire
NAYS (0): None
ABSENT WHEN VOTE TAKEN (1): Council Member Armintor
B. ID 21-1987 Consider adoption of an ordinance of the City of Denton, Texas, levying the ad
valorem property tax of the City of Denton, Texas, for the year 2021, on all taxable property
within the corporate limits of the City on January 1, 2021, and adopting a tax rate of
$0.573000 per $100 of valuation for 2021; providing revenues for payment of current
municipal maintenance and operation expenses and for payment of interest and principal on
outstanding City of Denton debt; providing for limited exemptions of certain homesteads;
providing for enforcement of collections; providing for a severability clause; and providing
an effective date.
AMENDED; ASSIGNED ORDINANCE NO. 21-1987
There were no online registrations or call -ins on the item.
The item was presented and discussion followed.
Following discussion, Mayor Hudspeth moved to adopt the no -new -revenue rate of
$0.565823. Motion seconded by Council Member Davis.
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Page 18
Council Member Maguire called a point of order regarding a motion having been made via
the electronic vote casting system. Mayor Hudspeth addressed the point of order; and with
no motion or debate forthcoming, discussion continued.
Mayor Hudspeth republished his original motion, seconded by Council Member Davis to
adopt the no -new -revenue rate of $0.565823. Motion carried.
AYES (5): Mayor Hudspeth, Mayor Pro Tem Meltzer and Council Members Byrd, Beck,
and Davis
NAYS (1): Council Member Maguire
ABSENT WHEN VOTE TAKEN (1): Council Member Armintor
C. ID 21-1989 Consider adoption of an ordinance of the City of Denton, Texas, approving the
2021 tax rolls; and providing an effective date.
ASSIGNED ORDINANCE NO. 21-1989
There were no online registrations or call -ins on the item.
The item was not presented or discussed.
Council Member Maguire moved to adopt the item as presented. Motion seconded by
Council Member Beck. Motion carried.
AYES (6): Mayor Hudspeth, Mayor Pro Tem Meltzer and Council Members Byrd, Beck,
Davis, and Maguire
NAYS (0): None
ABSENT WHEN VOTE TAKEN (1): Council Member Armintor
D. ID 21-1990 Consider adoption of an ordinance of the City of Denton, Texas, ratifying the
adoption of the fiscal year 2021-2022 Annual Program of Services (Budget) and the Capital
Improvement Program of the City of Denton, Texas, for the fiscal year beginning on October
1, 2021, and ending on September 30, 2022 when the budget will raise more revenue from
property taxes than last year's budget; and providing an effective date.
ASSIGNED ORDINANCE NO. 21-1990
There were no online registrations or call -ins on the item.
The item was not presented or discussed.
Following discussion, Council Member Maguire moved for the ratification of the adoption
of the fiscal year 2021-2022 Annual Program of Services (Budget) and the Capital
Improvement Program of the City of Denton, Texas. Motion seconded by Council Member
Beck. Motion carried.
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AYES (6): Mayor Hudspeth, Mayor Pro Tem Meltzer and Council Members Byrd, Beck,
Davis, and Maguire
NAYS (0): None
ABSENT WHEN VOTE TAKEN (1): Council Member Armintor
7. PUBLIC HEARINGS
NOTE: The items are listed in the order presented/discussed.
A. Z21 -0005c Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, regarding a change in the zoning district and use classification from Mixed -
Use Neighborhood (MN) and Residential 4 (R4) Districts to Residential 6 (R6) District on
approximately 0.326 acres of land generally located southeast of the intersection of
Robertson Street and Skinner Street, 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. The Planning and Zoning Commission voted [7-0] to approve as a Residential 6 (R6)
District. (Z21 -0005c, 418 Robertson Fourplex, Cameron Robertson).
POSTPONED TO SEPTEMBER 28, 2021
There were no online registrations or call -ins on the item.
The item was not presented or discussed.
Council Member Maguire moved to postpone the item to September 28, 2021. Motion
seconded by Mayor Hudspeth. Motion carried.
AYES (6): Mayor Hudspeth, Mayor Pro Tem Meltzer and Council Members Byrd, Beck,
Davis, and Maguire
NAYS (0): None
ABSENT WHEN VOTE TAKEN (1): Council Member Armintor
C. S21-000lb Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, approving a Specific Use Permit to allow for a multi -family dwelling use on
approximately 9.92 acres of land, generally located on the east side of Loop 288,
approximately 300 feet south of E McKinney Street 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 for severability; and
establishing an effective date. THE PLANNING AND ZONING COMMISSION VOTED
[3-2] TO APPROVE THE REQUEST. (S21 -0001b, Pebblebrook Parkside, Karina
Maldonado)
POSPONED TO OCTOBER 19, 2021
There were no online registrations or call -ins on the item.
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The item was not presented or discussed.
The public hearing was opened; and based on City Council consensus that only items
requiring immediate attention due to the technical difficulties being experience be
considered, no public comment was sought.
Mayor Pro Tem Meltzer moved to postpone the item to October 19, 2021 with the public
hearing open. Motion seconded by Council Member Byrd. Motion carried.
AYES (6): Mayor Hudspeth, Mayor Pro Tem Meltzer and Council Members Byrd, Beck,
Davis, and Maguire
NAYS (0): None
ABSENT WHEN VOTE TAKEN (1): Council Member Armintor
D. Z21 -0013a Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, regarding a change in the zoning district and use classification from
Residential Rural (RR) District to Residential 1 (R1) District on approximately 1.372 acres
of land generally located on the south side of Miller Road, approximately 260 feet east of
Masch Branch Road, within 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. (Z21 -0013a, Noguez Single -Family Rezoning, Mark Laird).
POSTPONED TO SEPTEMBER 28, 2021
There were no online registrations or call -ins on the item.
The item was not presented or discussed.
The public hearing was opened; and based
requiring immediate attention due to the
considered, no public comment was sought.
on City Council consensus that only items
technical difficulties being experience be
Council Member Davis moved to postpone the item to September 28, 2021 with the public
hearing open by unanimous consent. There was no objection voiced by City Council.
Council Member Beck called a point of order as to needing a second to the motion made by
Council Member Davis. Mayor Hudspeth ruled a second to the motion was not required.
Interim City Attorney Clifton confirmed the ruling. There was no motion or debate to Mayor
Hudspeth's ruling.
B. PD21-0002d Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas regarding a request to rezone approximately 32.11 acres from Mixed Use
Regional (MR) District to a Planned Development (PD) District. The site is generally located
south of North Loop 288, southwest of Hwy 77 (North Elm Street), and west of North Bonnie
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Page 21
Brae Street, 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. The Planning and
Zoning Commission recommended approval of the request (7-0). (PD21-0002d, Christopher
Todd Communities, Julie Wyatt)
ASSIGNED ORDINANCE NO. PD21-0002d
There were no online registrations or call -ins on the item.
The item was presented and discussion followed.
The public hearing was opened and citizen comments received are noted in Exhibit A.
With no other speakers on queue, the public hearing was closed.
Following discussion, Mayor Hudspeth moved to adopt the item as presented. Motion
seconded by Mayor Pro Tem Meltzer. Motion carried.
AYES (6): Mayor Hudspeth, Mayor Pro Tem Meltzer and Council Members Byrd, Beck,
Davis, and Maguire
NAYS (0): None
ABSENT WHEN VOTE TAKEN (1): Council Member Armintor
City Council continued with Budget Items for Individual Consideration 6.A -6.D. Refer to
Pages 14-19 for details.
8. CONCLUDING ITEMS
Council Members expressed items of interest.
With no further business, the meeting was adjourned at 11:57 p.m.
GERARD HUDSPETH
MAYOR
CITY OF DENTON, TEXAS
MINUTES APPROVED ON:
CATHY WELBORN
ASSISTANT CITY SECRETARY
CITY OF DENTON, TEXAS
205
September 21, 2021 City Council Regular Meeting - EXHIBIT A
Speaker Commentaries/Registrations
Online, Email, Phone
Name
Last
Address
City
Agenda Item
Position
Method
Comments
Joshua
Hatton
1414 Aldren Drive
Denton
Open Mic
N/A
Telephone
Thanked City Staff. Stated he is the orginzer of the "No Bus Cuts Campaign" and are opposed to DCTT
plan to cut bus routes in Denton and Lewisville after December 6, 2021. Requested City Council to remove
appointee Chris Watts from the DCTA Board of Directors.
Jennifer
Lane
Not Provided
Denton
21-1986
N/A
Telephone
Stated her concerns regarding police officers having issues with COVID-19 protocols. Detailed an
encounter she had with an officer. Concerned about the community and the police force. Requested City
Council move funding into mental health services.
Matt (Applicant)
jLucas
113455 Noel Road
Dallas
PD21-0002d
I Supports
I In Person
I Provided an overview of the project.
NOTE: Comments for those citizens addressing the City Council are an abbreviated summary. Information contained within this exhibit includes only commentary for Open Microphone, Consent, Individual Consideration and Public Hearing Items.
QD
EXHIBIT B
September 21, 2021
Agenda item 4.B (ID 21-1353)
BOARD/COMMITTEE/COMMISSION
COUNCIL
NOMINATING
MEMBER
NEW TERM
STATUS &
PLACE
CCM
FIRST NAME
QUALIFICATION OR PREFERENCE, IF ANY
UNEXPIRED
September 1, 2021
New
Airport Advisory Board
2
Beck -2
Robert Brashear
Through
August 31, 2023
UNEXPIRED
September 1, 2021
New
Committee on Persons with Disabilities
1
Byrd -1
Donna Cooper
Qualif.: District 1 Resident
Through
August 31, 2023
UNEXPIRED
September 1, 2021
Community Services Advisory Committee
ALL -4
Meltzer -6
Deborah Wright
New
Through
August 31, 2022
UNEXPIRED
Traffic Safety Commission
5
Armintor-5
Kevin Sample
September 1, 2021
New
Through
August 31, 2023
207
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
DENTON
Legislation Text
File #: ID 21-2259, Version: 1
AGENDA CAPTION
Consider nominations/appointments to the City's Boards, Commissions, and Committees: Committee on
Persons with Disabilities.
City of Denton Page 1 of 1 Printed on 10/8/2021
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DENTON
City of Denton
AGENDA INFORMATION SHEET
DEPARTMENT: City Manager's Office
ICM: Sara Hensley
DATE: October 12, 2021
SUBJECT
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
Consider nominations/appointments to the City's Boards, Commissions, and Committees: Committee on
Persons with Disabilities.
BACKGROUND
On January 4, 2021, the 2020-2022 Boards & Commissions Screening & Appointment Process was
presented and discussed with the City Council. This item is the first step in appointing members.
Exhibit 2 includes those seats for the above -noted Boards, Commissions, and Committees for whom
nominations have been received, nominees fully vetted and found to meet all necessary qualifications to
serve on the respective board/commission/committee. As previously discussed, only those nominees who
have been fully vetted and qualified will be presented for appointment.
This is not a complete listing of nominees received to date as the vetting is still in progress for some or
(re)nominations have not been received.
EXHIBITS
Exhibit 1 — Agenda Information Sheet
Exhibit 2 — Nominations List
Respectfully submitted:
Rosa Rios
City Secretary
209
BOARDS & COMMISSIONS - NOMINATIONS LIST
October 12, 2021
COUNCIL
NOMINATING
STATUS &
BOARD/COMMITTEE/COMMISSION
PLACE
CCM
NOMINEE
PRESENT TERM
NEW TERM
QUALIFICATION OR PREFERENCE, IF ANY
UNEXPIRED
Committee on Persons with Disabilities
ALL -2
Byrd -1
Dianne Landry
NIA
September 1, 2021
New
through
August 31, 2023
210
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
, %Iiiiimlim�
www.cityofdenton.com
DENTON
Legislation Text
File #: ID 21-2139, Version: 1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton granting Arco National Construction a special permit
pursuant to Section 17-20 of the City of Denton Code of Ordinances, with respect to sound levels and hours of
operation for construction of I-35 Cold Storage located at 6651 North I-35; granting a variance in the hours of
operation; and providing an effective date.
City of Denton Page 1 of 1 Printed on 10/8/2021
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41%1'100�1
DENTON
City of Denton
AGENDA INFORMATION SHEET
DEPARTMENT: Department of Development Services
ICM: Sara Hensley
DATE: October 12, 2021
SUBJECT:
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
Consider adoption of an ordinance of the City of Denton granting Arco National Construction a special
permit pursuant to Section 17-20 of the City of Denton Code of Ordinances, with respect to sound levels
and hours of operation for construction of I-35 Cold Storage located at 6651 North I-35; granting a variance
in the hours of operation; and providing an effective date.
BACKGROUND:
Eric Pascoe, Project Manager for Arco National Construction requests an exception to the noise ordinance
beginning at approximately 6:00 a.m. and ending at 8:30 p.m. to provide for construction 7 foundation
pours. In addition, there is a request to start construction of 14 paving/mud slab pours beginning at 1:00am.
The construction activities will consist of the normal activities with pouring concrete.
The concrete continuous pour site locations are a minimum of 1,000 feet from all residences, several smaller
concrete pours have taken place in advance of this request. The request is to allow for an hour earlier
construction activity for every work day (6:00 a.m. start time) until approximately the end of June and
approximately 2-3 days each for two weeks of each month to start in October at 1:00 a.m. over the course
of fourteen different weeks to allow construction activities then ending at 8:30 p.m. ending in January as
weather allows. The fourteen instances are as follows:
• 10/4/21
• 10/11/21
• 10/13/21
• 10/15/21
• 11/10/21
• 11/16/21
• 11/22/21
• 11/24/21
• 11/24/21
• 11/30/21
• 12/2/21
• 12/6/21
• 12/8/21
• 12/10/21
•
1/10/22
There are approximately 21 pours to conduct, and many smaller pours have been previously completed and
more will completed during normal working hours.
OPTIONS
1. Recommend approval
2. Recommend approval subject to conditions
3. Recommend Denial
4. Postpone item
RECOMMENDATION: Staff recommends approval
PAPA
DEVELOPER ENGAGEMENT DISCLOSURES
No developer contact disclosures have been provided to staff from members of this body as of the issuance
of this report.
EXHIBITS
1. Agenda Information Sheet
2. Applicant Request
3. Aerial Map
4. Slab Sequence Map
5. Site Plan
6. Draft Ordinance
Respectfully submitted:
Scott A. McDonald
Development Services Director
Prepared by:
Emily Loiselle
Deputy Building Official
213
Exhibit 2: Applicant Request
Ms. Loiselle,
Please see the attached aerial photo of our 375,000 square foot Cold Storage project at 6651 N 1-35
Denton, TX. We are currently performing dirt work and will soon be mobilizing for underground utility and
concrete pours. Coming October 1, the City of Denton noise ordinance dictates construction work is not
to begin until 7 AM. We would like to request that we be continued to be allowed to start work at 6 AM,
Monday thru Saturday for the duration of the project of 8/1/22 to keep our workers out of heavier traffic
times. As you can see in the aerial, we will be operating north of Blue Beacon Truck Wash of Denton and
Love's Travel Stop which both operate 24/7, so we believe our 6 AM starts will not be a large contributor
to noise.
Please see the attached paving, pier, grade beam, and mud slab pouring sequences for the 1-35 Frontage
Cold Storage project. As outlined in the slab sequence attachment, we currently have 10 paving pours and
7 mud slab pours that are over 20,000 square feet as well as 7 foundation pours and 10 grade beam pours.
ARCO would like to ask permission to start our concrete pours at 1 AM, Monday thru Saturday until
6/1/2022. With these earlier start times, it would provide the construction team the additional time
needed for finishing these larger concrete pours. One of the reasons we are looking at needing to make
these larger pours is the attempt to reduce the number of exposed pour breaks, and we need the start
time to be early enough for constructability. We are approximately 1,000 ft from the closest house. Thank
you for your time and consideration.
Please let me know if you need anything else from us.
Thanks,
Eric Pascoe I Project Manager I ARCO NATIONAL CONSTRUCTION
Corporate Headquarters: 900 N. Rock Hill Rd., St. Louis, MO 63119
Office: (314) 963.0715 Mobile: (314) 625.8411 Direct: (314) 571.4275 Fax: (314) 963.7114
epascoe@arcol.com I www.arconational.com
214
Exhibit 3: Aerial location map, 6651 N 1-35
215
Exhibit 4: Slab Sequence Map
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219
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220
AN ORDINANCE OF THE CITY OF DENTON GRANTING ARCO NATIONAL
CONSTRUCTION A SPECIAL PERMIT PURSUANT TO SECTION 17-20 OF THE CITY OF
DENTON CODE OF ORDINANCES, WITH RESPECT TO SOUND LEVELS AND HOURS
OF OPERATION FOR CONSTRUCTION OF I-35 COLD STORAGE LOCATED AT 6651
NORTH I-35; GRANTING A VARIANCE IN THE HOURS OF OPERATION; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the work hours for the construction of any building within the limits of the City
of Denton are limited to 7:00 a.m. and 8:30 p.m. Monday through Friday from October 1 to May
31, pursuant to Section 17-209(c)(3)(f) of the Code of Ordinances; and
WHEREAS, the City Council may issue special permits or exceptions for construction work
at other hours in case of urgent necessity and in the interest of public safety and convenience,
pursuant to Section 17-20(c)(3)(f) of the Code of Ordinances; and
WHEREAS, Arco National Construction is building I-35 Cold Storage, which is located at
6651 North I-35, in Denton Texas (hereafter, the "Site").
WHEREAS, Arco National Construction has made an application to the City Council for
an exception to Section 17-20 of the Code of Ordinances regarding sound levels and hours of
operation in connection with the construction of the Site as follows: to commence construction
work at 6:00 AM, Monday through Saturday, through August 1, 2022; and to commence the
pouring of continuous concrete foundations as early as 1:00 AM at dates and durations described
on Exhibit A, from October 1, 2021 to June 1, 2022,
WHEREAS, the City Council of the City of Denton, finds that granting a noise exception
for this construction project, limited to the aforementioned periods, subject to the restrictions
contained herein, would serve the interest of public safety and convenience;
NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The recitals in the preamble of this ordinance and incorporated into the body
of this ordinance as if set out fully herein.
SECTION 2. Pursuant to Section 17-20 of the Code of Ordinances, Arco National
Construction is hereby granted an exception to said section's amplified sound prohibition subject
to the following restrictions:
1. This exception to the limitations imposed by Section 17-20 of the Code of Ordinances of
the City of Denton, is granted as follows: construction activity may commence at 6:00
AM, Monday through Saturday, until August 1, 2022; concrete foundation pouring may
commence as early as 1:00 AM on the dates described in Exhibit A, but no longer than
June 2, 2022.
2. Arco National Contractors agree to take full responsibility for ensuring that the conditions
221
of this exception are met and to take all reasonable measures necessary to avoid disturbing
persons of ordinary sensibilities in the immediate vicinity of the construction project.
3. Under no circumstances shall Arco National Contractors perform construction work later
than 8:30 p.m. on any day.
4. This Ordinance confers no personal or property rights, and may be amended, modified,
suspended, or revoked in whole or in part at the will of the City Council of the City of
Denton, without any advance warning, hearing, or compensation, for any reason at all, or
for no reason.
5. This Ordinance shall be strictly construed as an exception granted pursuant to Section 17-
20 of the Code of Ordinances of the City of Denton. The City of Denton expressly reserves
unto itself and all other persons any and all legal remedies, both civil and criminal, relating
to excessive noise in correction with this construction project, and hereby disclaims any
promissory, or equitable, estoppel which might in any way impede the pursuit of such
remedies by any person.
SECTION 3. This Ordinance shall be effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by
seconded by
by the following vote [ - ]:
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
and
the ordinance was passed and approved
Aye Nay Abstain Absent
day of , 2021.
2
W
GERARD HUDSPETH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
MACK REINWALD, CITY ATTORNEY
Hilary Negron
2021.10.08
BY: 14:52:42 -05'00'
223
EXHIBIT A
ITask Name Duration Start Finish
Cold Creek - Denton TX 327 days' Wed 4/14/21 j Tue 7/26/22
Sitework 182 days Mon 8/16/21 bVue 5/3/22
Site Concrete 145 days Thu 9/30/21 Tue 4/26/22
Concrete Pavement Fine Grade & 69 days Mon 10/4/21 Wed 1/12/22
Placement
Pour 1- Barthold Rd Entry Rd
3 days
Mon 10/4/21
Wed 10/6/21
Pour 2- Truck Parking
3 days
Mon 10/11/21
Wed 10/13/21
Pour 3- Truck Parking
3 days
Wed 10/13/21
Fri 10/15/21
Pour 4- Truck Parking
3 days
Fri 10/15/21
Tue 10/19/21
Pour 5- Dock Apron
3 days
Wed 11/10/21
Fri 11/12/21
Pour 6- Dock Apron
3 days
Tue 11/16/21
Thu 11/18/21
Pour 7- Dock Apron
3 days
Mon 11/22/21
Wed 11/24/21
Pour 8- Car Parking
3 days
Wed 11/24/21
Tue 11/30/21
Pour 9- TxDOT Entry
3 days
Tue 11/30/21
Thu 12/2/21
Pour 10- Car Parking
3 days
Thu 12/2/21
Mon 12/6/21
Pour 11- Car Parking
3 days
Mon 12/6/21
Wed 12/8/21
Pour 12- Car Parking
3 days
Wed 12/8/21
Fri 12/10/21
Pour 13- Car Parking
3 days
Fri 12/10/21
Tue 12/14/21
Pour 14- Dumpster Enclosure/Car Parking
3 days
Mon 1/10/22
Wed 1/12/22
Ramp Ftgs & Walls
13 days
Wed 11/3/21
Fri 11/19/21
SW Ramp Footings/Walls/Pavement
5 days
Wed 11/3/21
Tue 11/9/21
S Middle Ramp Footings/Walls/Pavement
5 days
Tue 11/9/21
Mon 11/15/21
SE Ramp Footings/Walls/Pavement
5 days
Mon 11/15/21
Frill/19/21
Building Sidewalks
Concrete Footings
Bike Racks
Concrete Foundation Piers
10 daysl Wed 4/13/22 Tue 4/26/22
8 days Wed 12/15/21 Mon 12/27/
2 days Wed 12/15/21 Thu 12/16/21
137 days Thu 1/ ue 7/
1 day, Tue 4/26/22 Tue 4/26/22
9 days Mon 10/11/ We
1 day Mon 10/11/21 Mon 10/11/21
Concrete Foundation Grade Beams
3 days Fri 12/3/21 Tue 12/7/21
Concrete Foundation Pad/Pavement
Fire Pump B '
2 days Wed 12/8/21 Thu 12/9/21
4
224
Pump House/Water Tank Footings/4" Sand Base l
s
Shen Building Constructio
Foundations
5 daysl Fri 12/3/211 Thu 12/9/211
606 days u u
51 days Mon 9/27/21 Wed 12/8/21
Building Pad Cut Backs For Foundations
5 days
Tue 9/28/21
Mon 10/4/21
Building Foundation Piers or
11 days
Mo
1
Tie Pier Re -Steel (TAS Set Date)
5 days
Mon 9/27/21
Fri 10/1/21
Drill and Place Concrete Piers Area 1
6 days
Mon 10/4/21
Mon 10/11/21
Drill and Place Concrete Piers Area 2
6 days
Tue 10/12/21
Tue 10/19/21
Building Grade Beams
40 days
Wed 10/6/21
Thu 12/2/21
Form & Place Grade
Beams/Insulation/Backfill/Lime Cap Area 1
20 days
Wed 10/6/21
Tue 11/2/21'
Form & Place Grade
Beams/InsulationBackfill/Lime Cap Area 2
20 days
Wed 11/3/21
Thu 12/2/21
Form and Place Fire Riser Hut Grade Beams
ud Slab
Pour 1
4 daysl
5 days
3 days
Fri 12/3/21
Wed 11/10/hu
Wed 11 / 10/21
Wed 12/8/21
12/1
Fri 11/12/21
Pour 2
3 days
Mon 11/22/21
Wed 11/24/21
Pour 3
2 days
Wed 12/1/21
Thu 12/2/21
Pour 4
2 daysl
Wed 12/8/21
Thu 12/9/21
Pour 5
Office Area #1
2 days
3 days
Wed 12/15/21
Fri 12/17/21
Thu 12/16/21
Tue 12/21/21
Office Area #2
3 days
Wed 12/22/21
Mon 12/27/21
Dock Pit Bottoms
4 days
Tue 12/28/21
Mon 1/3/22
225
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
DENTON
Legislation Text
File #: ID 21-2145, Version: 1
AGENDA CAPTION
Consider approval of a resolution of the City of Denton abolishing the Appointee Performance Review
Committee; and providing an effective date.
City of Denton Page 1 of 1 Printed on 10/8/2021
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DENTON
City of Denton
AGENDA INFORMATION SHEET
DEPARTMENT: City Manager's Office
CM: Sara Hensley
DATE: October 12, 2021
SUBJECT
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
Consider approval of a resolution of the City of Denton abolishing the Appointee Performance Review
Committee; and providing an effective date.
BACKGROUND
Each fiscal year, the Denton City Council conducts a retreat where priorities are established for the
upcoming fiscal year. The Denton City Council held their annual retreat on August 20 and 21, 2021 at the
Development Services Center (401 N. Elm St.). Recorded video of the retreat is available on the City's
website on the Public Meetings page. The retreat included a discussion on City Council dynamics and
meetings, reviewed current City Council priorities, set priorities for the next year, and provided an
opportunity to discuss key policy topics and other strategic initiatives to set the focus and direction for the
upcoming year.
During this year's retreat, Council directed staff to abolish four committees: Council Airport Committee,
Audit an Finance Committee, Committee on Community Engagement and the Appointee Performance
Review Committee. The first three listed (Airport, Audit and Finance, Community Engagement) were
abolished during the September 28 City Council meeting.
This proposed resolution will abolish the remaining committee, the Appointee Performance Review
Committee, as directed by Council during the retreat.
EXHIBITS
Exhibit 1 — Agenda Information Sheet
Exhibit 2 — Resolution
Respectfully submitted:
Stuart Birdseye
Assistant to the City Manager
0410
RESOLUTION NO
A RESOLUTION OF THE CITY OF DENTON ABOLISHING THE APPOINTEE
PERFORMANCE REVIEW COMMITTEE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council has established and designated the Appointee Performance
Review Committee on December 11, 2007, by Resolution No. R2007-043 to act as an advisory
body to the Denton City Council to recommend performance review standards to the City Council
for Council appointees, to include the City Manager, City Attorney, Municipal Court Judge and
City Auditor; and
WHEREAS, the City further reestablished the Appointee Performance Review Committee
and set forth the duties of the Appointee Performance Review Committee on June 16, 2009 by
Resolution No. R2009-015; and
WHEREAS, the City finds it is in the public interest to repeal the Appointee Performance
Review Committee, and its duties and responsibilities will revert to the City Council; and
WHEREAS to enhance efficiency in governmental operations the City Council finds that
it is in the public interest the Appointee Performance Review Committee should be abolished and
all portions of the resolutions creating, defining, amending and renaming this committee should
be rescinded, in whole or in part; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. The Appointee Performance Review Committee is hereby abolished; the
duties and responsibilities of said committee will revert to the City Council and the Appointee
Performance Review Committee shall cease to exist.
SECTION 2. Title II, Section 2, including Parts A, B, and C, of Resolution No. R2009-015
are rescinded.
SECTION 3. The Appointee Performance Review Committee is hereby abolished; the
duties and responsibilities of said committee will revert to the City Council and the Appointee
Performance Review Committee shall cease to exist.
SECTION 4. Resolution No. R2007-43 and all parts of Resolution No. R2009-015
regarding the Appointee Performance Review Committee are hereby rescinded.
SECTION 5. Title IX of Resolution No. R2009-015 which was renumbered to Title VIII
by Resolution No.21-1896 is renumbered to Title VII.
SECTION 6. This resolution is effective immediately upon its passage and approval.
228
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
Mayor Gerard Hudspeth:
Vicki Byrd, District 1:
Brian Beck, District 2:
Jesse L. 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
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
BY:
229
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
DENTON
Legislation Text
File #: ID 21-2012, Version: 1
AGENDA CAPTION
Consider approval of a resolution nominating members to the Board of Directors of the Denton County
Appraisal District; and declaring an effective date.
City of Denton Page 1 of 1 Printed on 10/8/2021
powered by LegistarT" 230
11'1%1_0001�
DENTON
DEPARTMENT:
CFO:
DATE:
City of Denton
AGENDA INFORMATION SHEET
Finance
David Gaines
October 12, 2021
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
SUBJECT
Consider approval of a resolution nominating members to the Board of Directors of the Denton Central
Appraisal District; and declaring an effective date.
BACKGROUND
The Denton Central Appraisal District (DCAD) has notified the City that the term for members on the
current DCAD Board of Directors expires December 31, 2021. Therefore, DCAD is seeking nominations
from taxing jurisdictions in the district. The City Council can make up to five nominations for the Board of
Directors. Once nominations from all taxing jurisdictions are received by DCAD, a ballot will be sent to
the City. The City Council will then cast their vote to elect Board members at the December 7, 2021 City
Council meeting. The current Board of Directors is as follows:
Charles Stafford - Chairman
David Terre —
Vice Chairman
Roy Atwood
— Secretary
Bryan Webb —
Member
George Pryor
— Member
Michelle French — Ex Officio Member
Board members serve two-year terms, and all five board member positions are subject to the nomination
process every two years. The number of votes a taxing unit has is determined by their proportional share of
the total levy in the district from the prior tax year. There are a total of 5,000 votes throughout the district.
One thousand votes are the maximum number needed to elect a local representative/nominee to the Board
of Directors. In December of 2019, the City of Denton cast 174 votes for Rick Woolfork to serve on the
DCAD Board of Directors. This year, the City has 170 votes, DISD has 654 votes and Denton County has
567 votes. The following is a summarization of DCAD's nomination process.
Prior to October 1st - DCAD notifies taxing entities of the number of votes they are entitled to cast for
appointing board members.
Prior to October 15th - Nominations are submitted to DCAD by each jurisdiction.
Prior to October 30th - DCAD compiles a comprehensive list of the nominees and forwards to each taxing
unit in the form of a ballot.
231
Prior to December 15 - The taxing jurisdictions choose by written resolution the candidate (s) of their
choice. The jurisdiction then submits the name (s) and the votes cast to DCAD.
Prior to December 31 st - DCAD tabulates the votes and forwards the results back to the jurisdictions. The
five candidates that receive the most votes become the Board of Directors as of January 1 st.
Eligibility Guidelines:
The selection process is set forth in Section 6.03 of the Property Tax Code. This process is not an "election"
governed by the Texas Election Code. It is an independent procedure unique to the property tax system. An
appraisal district director must reside in the appraisal district for at least two (2) years immediately
preceding the date he or she takes office. Most residents are eligible to serve as a director. An individual
that is serving on the governing body of a city, county, or school district is eligible to serve as an appraisal
district's director. An employee of a taxing unit served by the appraisal district is not eligible to serve as a
director. However, if the employee is an elected official, he or she is eligible to serve.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
A workshop was held on September 28, 2021 to discuss the nominations. Mayor Pro Tem Meltzer
recommended Howard Martin.
RECOMMENDATION
Staff has included a resolution voting for Mr. Howard Martin to be nominated for the DCAD Board of
Directors. If the City Council would like to vote for different or additional nominees, this item can be
amended by City Council action.
EXHIBITS
Exhibit 1 — Agenda Information Sheet
Exhibit 2 — Resolution
Respectfully submitted:
Cassey Ogden, 940-349-7195
Finance Director
232
RESOLUTION NO.
A RESOLUTION NOMINATING MEMBERS TO THE BOARD OF DIRECTORS OF THE
DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the term of office for the Board of Directors of the Denton Central Appraisal
District will expire on December 31, 2021; and
WHEREAS, the City of Denton, Texas wishes to nominate members to said Board; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. The City of Denton hereby nominates Howard Martin as member to the
Board of Directors of the Denton Central Appraisal District for a two-year term to commence
January 1, 2022.
SECTION 2. 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
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, APPROVED AND EFFECTIVE this the day of , 2021.
GERARD HUDSPETH, MAYOR
233
ATTEST:
ROSA RIOS, CITY SECRETARY
:•
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
Digitally signed by Mack
Reinwand
Date: 2021.10.06 09:29:05
BY:Awk_nrInn,
234
Denton Central
Appraisal District
Board of Directors
Nominations
235
October 12, 2021 — I D21-2012
DCAD Board of Directors
Staff received one nominee prior to agenda posting:
Howard Martin
Additional nomination received since agenda posting:
Bryan Webb
The Board of Directors Role in the Property Tax System
The local property tax system follows the principle of checks and balances. An appraisal district board of directors
hires the chief appraiser and sets the budget. The directors have no authority to set values or appraisal methods. The
chief appraiser carries out the appraisal district's legal duties, hires the staff, makes the appraisals and operates the
appraisal office.
Current Board of Directors
Name
Title
Charles Stafford
Chairman
David Terre
Vice Chairman
Roy Atwood
Secretary
George Pryor
Member
Bryan Webb
Member
October 12, 2021 — ID21-2012
236
Nomination Process
P, Prior to October 151h — Nominations are submitted to DCAD
D City Council can make up to five nominations for the Board of Directors
Prior to October 30th — DCAD compiles a list of nominees in ballot form and sends out to
taxing units.
0' Prior to December 15th —Council vote is submitted to DCAD.
Prior to December 31St — DCAD announces new Board of Directors.
237
October 12, 2021 — ID21-2012
Next Steps
December 7, 2021 - City Council to vote for Board Members.
Total Votes for all Tax Units = 5,000
City of Denton Votes = 170
201 6 All votes cast for Rick Woolfolk
2017 — All votes cast for George Pryor
2015 — All votes cast for Charles Stafford
October 12, 2021 — ID21-2012
238
September 28, 2021 — ID21-1806
239
Background & Eligibility
Howard Martin
Board members serve two-year terms.
Current Board term expires on December 31, 2021.
Eligibility —
Must reside in the appraisal district for at least two -years immediately preceding the date they take
office;
City, County or School District elected officials are eligible;
Employees of a taxing unit are not eligible unless they are an elected official as well;
Person not eligible, if closely related to anyone in the appraisal district, or related to anyone who
represents owners in the district, or if the person has an interest in a business that contracts with the
district or a taxing unit.
240
October 12, 2021 — ID21-2012
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
DENTON
File #: ID 21-1833, Version: 1
Legislation Text
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton approving the Fiscal Year 2021-22 Annual Internal
Audit Plan; and providing an effective date.
City of Denton Page 1 of 1 Printed on 10/8/2021
powered by LegistarT" 241
CITY __- l
OF
DENTON
City of Denton
AGENDA INFORMATION SHEET
DEPARTMENT: Internal Audit
CITY AUDITOR: Madison Rorschach
DATE:
October 12, 2021
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
SUBJECT
Consider adoption of an ordinance of the City of Denton approving the Fiscal Year 2021-22 Annual
Internal Audit Plan; and providing an effective date.
BACKGROUND
The Internal Audit Department is responsible for conducting audits to assess a variety of risks including
internal control weaknesses, inefficiencies in City operations, ineffectiveness of City programs, and
noncompliance with laws, regulations, and policies. Each year, an annual internal audit plan is approved by
the City Council to establish the workload of the Internal Audit Department.
The Fiscal Year 2021-22 Annual Internal Audit Plan was developed based on City-wide risk assessment
conducted in 2021, emerging trends in the industry, and discussions with the City Manager's Office and the
City Attorney.
RECOMMENDATION
Staff recommends approval and adoption of the ordinance for the Fiscal Year 2021-22 Annual Internal
Audit Plan.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
On October 4, 2021, a Work Session item was presented to the City Council detailing the City Auditor's
Fiscal Year 2021-22 Annual Internal Audit Plan Memorandum. During this Work Session, the City Council
directed Internal Audit to perform the audit projects listed in Exhibit A of the attached ordinance.
EXHIBITS
1. Agenda Information Sheet
2. Ordinance
Respectfully submitted:
Madison Rorschach, 940-349-7228
City Auditor
M, PA
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON APPROVING THE FISCAL YEAR 2021-22
ANNUAL INTERNAL AUDIT PLAN; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton Charter requires the City Auditor to perform auditing duties
assigned by the City Council; and
WHEREAS, the City Auditor presented the Fiscal Year 2021-22 Annual Internal Audit Plan
to City Council on October 6, 2021 and received City Council's direction; and
WHEREAS, the purpose of the Fiscal Year 2021-22 Annual Internal Audit Plan is to outline
the auditing duties assigned by the City Council to the City Auditor to conduct during the fiscal
year; and
WHEREAS, the City Council finds that this Ordinance is in the public interest; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The recitals and findings contained in the preamble of this Ordinance are
incorporated into the body of this Ordinance.
SECTION 2. The City Council hereby approves the City Auditor's Fiscal Year 2021-22
Annual Internal Audit Plan as depicted in the memorandum attached hereto as Exhibit "A" and
Exhibit `B."
SECTION 3. This Ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this Ordinance was made by
by the Ordinance was
following vote
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:
and seconded
passed and approved by the
Aye Nay Abstain Absent
243
PASSED AND APPROVED this the day of , 2021.
GERARD HUDSPETH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
:•
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
Digitally signed by
Mack Reinwand
Date: 2021.10.06
BY: 17:45:00 -05'00'
244
Exhibit "A"
City of Denton
Internal Audit Department
Fiscal Year 2021-22 Annual Internal Audit Plan
Audit Project
Details
Denton Municipal Electric
Review energy management control activities to ensure
Energy Management Office
they are operating effectively and efficiently.
Administration
Technology Services Series
Review the efficiency and effectiveness of the
Technology Services Department's operations, including
but not limited to preventing and responding to cyber
security threats.
Police Body -Worn Camera Usage
Review body -worn camera usage to provide assurance
that these tools are used in accordance with the Police
Department's general orders and best practices.
Wastewater Operations
Review efficiency and effectiveness of the planning,
maintenance, and construction processes of wastewater
collection and reclamation infrastructure.
Warehouse Operations
Review control activities to ensure that warehouse
inventory is adequately maintained and tracked in order
to safeguard City assets and ensure assets can be
effectively utilized by departments.
Overflow Audit — Emergency
Review effectiveness of emergency medical services
Services: Billing & Collections
billing and collections operations.
Police Property Room Inventory
Provide routine assurance that Police property room
inventory controls are functioning.
Audit Follow -Up Reviews
Provide information on what changes have been made in
response to the following issued audits:
• Overflow — Police Property Room: Procedures
(Jun. 2019);
• Overflow — Roadway Quality Management (Oct.
2019);
• Overflow — Police Overtime (Oct. 2019);
• Procurement Process (Aug. 2019);
• Economic Development: Recruitment &
Expansion (Jan. 2020);
• Capital Projects Administration: Property
Acquisition (May 2020);
• Facilities Maintenance (Jun. 2020);
• Grants Management (Jun. 2020); and
245
246
• Utility Payment Assistance Program (Apr. 2021).
Ad -Hoc Projects
Carry out fraud, waste, and abuse Investigations and
Analysis Requests from the City Council or City
Management as needed.
246
Exhibit `B"
City of Denton
Internal Audit Department
Division of Police Property Room Follow -Up Reviews
Follow -Up
Recommendation
Review Type
3 Revise the General Order to ensure a background check is performed on
all staff before they are assigned to the Property Room.
4 Annually verify that only authorized employees have electronic access to
the Property Room.
5 Establish a formal policy for checking out evidence items.
7 Consider requiring the Dispatch Unit to monitor Property Room cameras.
8 Adjust policy to ensure that at least all high-risk inventory items are
reviewed annually.
9 Work with Technology Services to implement OCR capability of
LaserFische software to capture and manage evidence data to ensure the
Procedures
integrity of data and improve controls over evidence.
10 Eliminate Property Technicians' privilege to deletes stem records.
11 Establish a procedure to notify Property Room Unit superiors if an item
is found missing.
14 Maintain an up-to-date count of currency stored in the Property Room.
15 Require an independent witness to perform or oversee the verification for
high-risk items marked for destruction.
16 Maintain an independent record of high-risk items marked for
destruction.
17 Necessary funding needs to be provided to the Police Department for
analyzing of old, untested sexual assault kits.
1 Until permanent solution is found, temporarily relocate all property and
evidence inventory items to the large empty warehouse behind the
Narcotics office to address the short-term, critical need.
2 Require the Property Room Unit to conduct comprehensive inventory
Post -Remodel
count during the move to account for every item in its inventory with an
(TBD - Future
increased focus on necessary disposals
6 Store security camera footage for at least three years and require periodic
Audit Plan)
review by someone independent of Property Room staff.
12 Store all high-risk items, including those marked for destruction or
deposit, in locations with enhanced security measures.
l3 Install an adequate ventilations stem above all narcotics storage areas.
247
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
%Iiiiimlim�
www.cityofdenton.com
DENTON
Legislation Text
File #: ID 21-2131, 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. 2 to the contract between the City of Denton and Archer Western
Construction, LLC, to provide additional construction services for the Hickory Creek Detention Facility
project; providing for the expenditure of funds therefor; and providing an effective date (RFP 7061 - Change
Order No. 2 in the not -to -exceed amount of $128,824.49, for a total contract award aggregated to
$14,587,635.62).
City of Denton Page 1 of 1 Printed on 10/8/2021
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1%,1001110,
DENTON
City of Denton
AGENDA INFORMATION SHEET
DEPARTMENT: Procurement & Compliance
ACM: David Gaines
DATE: October 12, 2021
SUBJECT
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation,
authorizing the approval of Change Order No. 2 to the contract between the City of Denton and Archer
Western Construction, LLC, to provide additional construction services for the Hickory Creek Detention
Facility project; providing for the expenditure of funds therefor; and providing an effective date (RFP 7061
— Change Order No. 2 in the not -to -exceed amount of $128,824.49, for a total contract award aggregated to
$14,587,635.62).
INFORMATION/BACKGROUND
The Hickory Creek Detention Facility Project consist of the construction of a 3.5 -million -gallon detention
tank fed by a diversion structure and lift station that will be utilized to detain flows during storm events.
This project also includes the construction of an additional lift station at the Pecan Creek Reclamation
facility, the West Peak Flow Pump Station. These large infrastructure improvements will assist with future
growth by improving the capacity in the wastewater system during peak flow conditions. The first change
order of $811.13 was approved for a necessary FAA (Federal Aviation Agency) study before constructing
a monopole at the Hickory Creek Detention Facility site, which will be used to transmit data back to the
Water Reclamation team through SCADA (Supervisory Control and Data Acquisition).
The design for this project was completed in August of 2017 and since then, there have been several changes
in the City's design standards, construction specification, type of equipment and material, means and
methods used for construction, and construction techniques for delivering this type of project. As such,
there are several changes required for the successful completion of this project and the following
components of the project were modified resulting in additional implementation costs.
1. Change in material (galvanized steel to stainless steel) of the pipe supports in the wet well.
2. Change in the size of the waterline under railroad crossing and installation of a new meter vault.
3. Improve safety by the relocation of Electric Transformer, the addition of protective bollards, and
installation of underground electric lines.
4. Improve stability by adding foundation piers to mitigate possible future settlement on the pump
station foundation.
5. Other miscellaneous items included changes to the material of pipe to C900 and the color, as well
as ultrasonic level mount and access doors.
249
The total cost required to cover all the additional effort is $128,824.49 and staff recommends authorizing
the proposed second changed order. It should be noted that the total change orders requested for this project
are less than 1% of the overall cost of the project.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On January 28, 2020, City Council approved a contract with Archer Western Construction, LLC, in the not -to -
exceed amount of $14,458,000.00 (Ordinance 20-041).
On February 12, 2021, Purchasing approved Change Order No. 1 with Archer Western Construction, LLC, in
the not -to -exceed amount of $811.13, for a total not -to -exceed amount of $14,458,811.13.
On October 11, 2021, this item will be presented to the Public Utilities Board (PUB) for consideration.
RECOMMENDATION
Award Change Order No. 2 with Archer Western Construction, LLC, to provide additional construction
services for the Hickory Creek Detention Facility project, in a not -to -exceed amount of $128,824.49, for a
total amended contract amount of $14,587,635.62.
PRINCIPAL PLACE OF BUSINESS
Archer Western Construction, LLC
Irving, TX
ESTIMATED SCHEDULE OF PROJECT
This project will be started upon approval with an estimated completion date by July 2022.
FISCAL INFORMATION
These services will be funded from Certificate of Obligation Bond Funds.
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Original Ordinance and Contract
Exhibit 3: Change Order 1
Exhibit 4: LLC Members
Exhibit 5: Ordinance and Change Order 2
Respectfully submitted:
Lori Hewell, 940-349-7100
Purchasing Manager
For information concerning this acquisition, contact: Chris Campbell, 940-349-7181.
Legal point of contact: Marcella Lunn at 940-349-8333.
250
ORDINANCE NO. 20-041
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME -RULE MUNICIPAL
CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC
WORKS CONTRACT WITH ARCHER WESTERN CONSTRUCTION, LLC, FOR THE
CONSTRUCTION OF THE HICKORY CREEK DETENTION FACILITY AND PECAN
CREEK WEST PEAK FLOW PUMP STATION FOR THE WASTEWATER DEPARTMENT;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE (RFP 7061 — AWARDED TO ARCHER WESTERN CONSTRUCTION,
LLC, IN THE NOT -TO -EXCEED AMOUNT OF $14,458,000).
WHEREAS, the City has solicited, received, and evaluated competitive proposals 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 "Requests for 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 proposals 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
7061 Archer Western Construction, LLC $14,458,000
SECTION 2. The acceptance and approval of the above competitive proposals shall not
constitute a contract between the City and the person submitting the proposal 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,
Request for 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 proposals, 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
251
contained in the Request for Proposal and related documents and to extend that contract as
determined to be advantageous to the City of Denton.
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 was made by 6Eol �4� D iG1�Sr�L—�fi and
seconded byCE��� the ordinance was passed and approved by
the following vote 1:
Mayor Chris Watts:
Gerard Hudspeth, District 1:
Keely G. Briggs, District 2:
Jesse Davis, District 3:
John Ryan, District 4:
Deb Armintor, At Large Place 5
Paul Meltzer, At Large Place 6:
Aye Nay
V/
V
Abstain Absent
PASSED AND APPROVED this the day of mm m , 2020.
GIH kA ---M
CHRIS WATTS, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
BY: _ .
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY:
------------
252
DocuSign Envelope ID: 5A71718F-2B01-4F6D-81DO-OF318CCB12B3
I CITY
OF
DENTON
Docusign City Council Transmittal Coversheet
RFP
7061
File Name
Hickory Creek Detention Facility and PCWRP Constructio
Purchasing Contact
Jane Rogers
City Council Target Date
January 28, 2020
Piggy Back Option
Not Applicable
Contract Expiration
"/A
Ordinance
20-041
i services
10253
DocuSign Envelope ID: 5A71718F-2B01-4F6D-81DO-OF318CCB12B3
CONTRACT BY AND BETWEEN
CITY OF DENTON, TEXAS AND COMPANY NAME
(RFP 7061)
THIS CONTRACT is made and entered into this date of/za/zozo by
and between Archer Western Construction, an Illinois Limited Liability Company, whose address
is 1411 Greenway Drive, Irving, Texas 75038, hereinafter referred to as "Contractor," and the
CITY OF DENTON, TEXAS, a Texas Municipal Corporation and Home -Rule City, hereinafter
referred to as "City," to be effective upon approval of the Denton City Council and the 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 construction services in accordance with the City's RFP #7061 —
Hickory Creek Detention Facility and Pecan Creek Water Reclamation Plant West Peak Flow
Pump Station Construction Services, a copy of which is on file at the office of Purchasing Agent
and incorporated herein for all purposes as "Exhibit B". 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 Request for Proposal #7061 (Exhibit "B" on file at Office of
Purchasing Agent)
(c) General Provisions -Standard Terms and Conditions (Exhibit "C");
(d) Payment and Performance Bond Requirements (Exhibit "D");
(e) Insurance Requirements (Exhibit "E");
(f) Certificate of Interested Parties Electronic Filing (Exhibit "F");
(g) Contractor's Proposal (Exhibit "G");
(h) Form CIQ — Conflict of Interest Questionnaire (Exhibit "H")
These documents make up the Contract documents and what is called for by one shall be
as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions
of the Contract documents, the inconsistency or conflict shall be resolved by giving precedence
first to this written Contract, and then to the Contract documents in the sequential order in which
they are listed above. These documents shall be referred to collectively as "Contract Documents."
Prohibition on Contracts with Companies Boycotting Israel
Supplier acknowledges that in accordance with Chapter 2270 of the Texas Government Code, City
is prohibited from entering into a contract with a company for goods or services unless the contract
contains a written verification from the company that it: (1) does not boycott Israel; and (2) will
not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall
have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By
signing this agreement, Supplier certifies that Supplier's signature provides written verification
254
DocuSign Envelope ID: 5A71718F-2B01-4F6D-81DO-OF318CCB12B3
to the City that Supplier: (1) does not boycott Israel, and (2) will not boycott Israel during the
term of the agreement. Failure to meet or maintain the requirements under this provision will be
considered a material breach.
Prohibition On Contracts With Companies Doing Business with Iran, Sudan, or a Foreign
Terrorist Organization
Section 2252 of the Texas Government Code restricts CITY from contracting with companies that
do business with Iran, Sudan, or a foreign terrorist organization. By signing this agreement,
Supplier certifies that Supplier's signature provides written verification to the City that Supplier,
pursuant to Chapter 2252, is not ineligible to enter into this agreement and will not become
ineligible to receive payments under this agreement by doing business with Iran, Sudan, or a
foreign terrorist organization. Failure to meet or maintain the requirements under this provision
will be considered a material breach.
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.
SIGNATURE PAGE TO FOLLOW
RFP # 7061
Page 2 of 77
255
DocuSign Envelope ID: 5A71718F-2B01-4F6D-81DO-OF318CCB12B3
IN WITNESS WHEREOF, the parties of these presents have executed this Contract in the year
and day first above written.
THIS AGREEMENT HAS BEEN BOTH
REVIEWED AND APPROVED as to financial
and operational obligations and business terms.
OocuSigned by:
Fr Frank Pugsley
Sic- , 22g43FE13 PRINTED NAME
TITLE
CONTRACTOR
! D"uSig�d by: r
BY: T77� 7� T �77� �i1
AUTHORIZEL v-FlJE8784E598848Cv.
Date: 12/6/2019
Printed Name:
water and wastewater utilities Director
Title:
water utilities
DEPARTMENT
ATTEST:
ROSA RIOS, CITY SECRETARY
UocuSigned by.
By: 1~ RZ04
1C5Ca8C5E175493...
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
�ADocuSigned by:
By:
7F9D328BF0204E5...
RFP # 7061
Daniel P. Walsh
President
3125635400
PHONE NUMBER
dpwalsh@walshgroup.com
EMAIL ADDRESS
2019-565273
TEXAS ETHICS COMMISSION
CERTIFICATE NUMBER
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
OocuSigned by:
By:
TODD B776C711BAOD454...
1 xxLLXvlL 11
CITY MANAGER
Page 3 of 77
256
DocuSign Envelope ID: 5A71718F-2B01-4F6D-81DO-OF318CCB12B3
EXHIBIT A
SPECIAL TERMS AND CONDITIONS
Total Contract Amount
The Contract total for services shall not exceed $14,458,000. Pricing shall be per Exhibit G
attached.
Contract Term
The Contract shall commence upon the issuance of a Notice to Proceed. Contractor shall begin
work on site within fifteen (15) calendar days of receipt of Notice to Proceed. Project shall be
substantially complete within 480 days from Notice to Proceed. Final completion shall be within
thirty (30) calendar days after substantial completion. Delays are further discussed in the Standard
Terms and Conditions Exhibit C, Section 8.3.
Liquidated Damages
The time of the completion of construction of the project is of the essence of the contract. Should
the Contractor neglect, refuse or fail to complete the construction within the time agreed upon,
after giving effect to extensions of time, if any, herein provided, then, in that event and in view
of the difficulty of estimating with exactness damages caused by such delay, the City shall have
the right to deduct from and retain out of such money which may be then due or which may
become due and payable to the Contractor the sum of FIVE HUNDRED DOLLARS ($500.00)
per day for each and every day, including weekends, that such construction is delayed on its
completion beyond the specified time, as liquidated damages and not as a penalty; if the amount
due and to become due from the City to the Contractor is insufficient to pay in full any such
liquidated damages, the Contractor shall pay to the City the amount necessary to effect such
payment in full: Provided, however, that the City shall promptly notify the Contractor in writing
of the manner in which the amount retained, deducted or claimed as liquidated damages was
computed.
Special Notice and Additional Requirement(s):
1. Additional safety precautions shall be instituted by the awarded Contractor, as the work
environment will be in an area where citizens and employees may be present, and work
safety must be coordinated with the owner.
2. The Contractor shall be responsible for all spoil removals, and any excess soil that will
require removal.
3. It is understood that the basis for payment on the work to be done according to the final
plans and specifications shall be a lump sum fee as set forth in Contractor's Proposal.
Any quantity estimates supplied by Designer or Owner are intended only as a guide to the
respondent. Contractor is responsible for making his own quantity estimates and pricing
from his own examination of the work to be done.
4. A schedule of Contractor's Quantities and Unit Prices is to be filled out as a part of this
bid. Extensions of units and unit prices must total up correctly.
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EXHIBIT C
A. STANDARD PURCHASE TERMS AND CONDITIONS FOR FACILITY
CONSTRUCTION SERVICES
ARTICLE 1 GENERAL PROVISIONS
GENERAL DEFINITIONS
1.1 The following definitions apply throughout these General Conditions and to the other
Contract Documents:
a) THE CONTRACT DOCUMENTS
The Contract Documents consist of the formal Construction Services Agreement between
the Owner and the Contractor, these General Conditions and other supplementary
conditions included by special provisions or addenda, drawings, specifications, addenda
issued prior to execution of the Contract, other documents listed in the Contract, and
Amendments issued after execution of the Contract. For purposes of these General
Conditions, an Amendment is:
(1) a written Supplemental Agreement to the Contract signed by authorized representatives
of both parties;
(2) a Change Order, including Change Orders signed only by the Owner as described in
Subparagraph 7.1(b) and Subparagraph 7.1(e); or
(3) a written order for a minor change in the Work issued by the Architect/Engineer as
described in Paragraph 7.3.
The Contract Documents also include bid documents such as the Owner's Instructions to
Bidders, sample forms, the Contractor's Bid Proposal and portions of addenda relating to
any of these documents, and any other documents, exhibits or attachments specifically
enumerated in the formal Construction Services Agreement, but specifically exclude
geotechnical and subsurface reports that the Owner may have provided to the Contractor.
b) THE CONTRACT
The Contract Documents, as defined in Paragraph 1. 1, are expressly incorporated into and
made a part of the formal Construction Services Agreement between the Owner and the
Contractor by reference in this Paragraph and Paragraph 1.1 (which documents are
sometimes also referred to collectively in these General Conditions as the "Contract"). The
Contract Documents represent the entire and integrated agreement between the Owner and
the Contractor and supersede all prior negotiations, representations or agreements, either
written or oral. The terms and conditions of the Contract Documents may be changed only
by an Amendment. The Contract Documents shall not be construed to create a contractual
relationship of any kind:
(1) between the Architect/Engineer and Contractor;
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(2) between the Owner and a Subcontractor or Sub -subcontractor; or
(3) between any persons or entities other than the Owner and Contractor.
The Architect/Engineer shall, however, be entitled to performance and enforcement of
obligations under the Contract Documents intended to facilitate performance of the
Architect/Engineer's duties.
c) THE WORK
The term "Work" means the construction and services required by the Contract Documents,
whether completed or partially completed, and includes all labor, materials, equipment,
and services provided or to be provided by the Contractor, or any Subcontractors, Sub -
subcontractors, material suppliers, or any other entity for whom the Contractor is
responsible, to fulfill the Contractor's obligations. The Work may constitute the whole or
a part of the Project.
d) THE PROJECT
The Project is the total construction more particularly described in the formal Construction
Services Agreement, of which the Work performed under the Contract Documents will be
the whole project and will include construction by the contractor. All references in these
General Conditions to or concerning the Work or the site of the Work will use the term
"Project," referring to the whole construction.
e) THE DRAWINGS
The Drawings (also known as the "Plans") are the graphic and pictorial portions of the
Contract Documents, wherever located and whenever issued, showing the design, location
and dimensions of the Work, generally including plans, elevations, sections, details,
schedules, and diagrams.
f) THE SPECIFICATIONS
The Specifications are that portion of the Contract Documents consisting of the written
requirements for materials, equipment, construction systems, standards, and workmanship
for the Work, performance of related services, and other technical requirements.
g) THE PROJECT MANUAL
The Project Manual is the volume or volumes which contain the bidding requirements,
sample forms, General Conditions for Construction, special provisions, and Specifications.
The Project Manual may be modified by written addendums issued by the Owner during
bidding, in which case the written addendums become a part of the Project Manual upon
their issuance, unless otherwise indicated by the Owner in writing.
h) ALTERNATE
An Alternate is a variation in the work on which the Owner requires a price separate from
the City General Conditions Base Bid. If an Alternate is accepted by the Owner, the
variation will become a part of the Contract through the execution of a change order or
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amendment to the Contract and the Base Bid will be adjusted to include the amount quoted.
If an alternate is accepted by the Owner, and later deleted prior to any Work under the
alternate being performed or materials delivered to the Project site, the Owner will be
entitled to a credit in the full value of the alternate as priced in the Contractor's Bid.
i) BASE BID
The Base Bid is the price quoted for the work before alternates are considered.
j) HAZARDOUS SUBSTANCE
The term Hazardous Substance is defined to include the following:
(1) any asbestos or any material which contains any hydrated mineral silicate, including
chrysolite, amosite, crocidolite, tremolite, anthophylite or actinolite, whether friable or
non -friable;
(2) any polychlorinated biphenyls ("PCBs"), or PCB -containing materials, or fluids;
(3) radon;
(4) any other hazardous, radioactive, toxic or noxious substance, material, pollutant, or
solid, liquid or gaseous waste;
(5) any pollutant or contaminant (including but not limited to petroleum, petroleum
hydrocarbons, petroleum products, crude oil or any fractions thereof, any oil or gas
exploration or production waste, any natural gas, synthetic gas or any mixture thereof,
lead, or other toxic metals) which in its condition, concentration or area of release could
have a significant effect on human health, the environment, or natural resources;
(6) any substance that, whether by its nature or its use, is subject to regulation or requires
environmental investigation, monitoring, or remediation under any federal, state, or
local environmental laws, rules, or regulations;
(7) any underground storage tanks, as defined in 42 U.S.C. Section 6991(1)(A)(I)
(including those defined by Section 9001 (1) of the 1984 Hazardous and Solid Waste
Amendments to the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901
et seq.; the Texas Water Code Annotated Section 26.344; and Title 30 of the Texas
Administrative Code Sections 334.3 and 334.4), whether empty, filled or partially filled
with any substance; and
(8) any other hazardous material, hazardous waste, hazardous substance, solid waste, and
toxic substance as those or similar terms are defined under any federal, state, or local
environmental laws, rules, or regulations.
k) OTHER DEFINITIONS
As used in the Contract Documents, the following additional terms have the following
meanings:
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(1) "provide" means to furnish, install, fabricate, deliver and erect, including all services,
materials, appurtenances and other expenses to complete in place, ready for operation
or use;
(2) "shall" means the action of the parry to which reference is being made is mandatory;
(3) "as required" means as prescribed in the Contract Documents; and
(4) "as necessary" means all action essential or needed to complete the work in accordance
with the Contract Documents and applicable laws, ordinances, construction codes, and
regulations.
1.2 EXECUTION, CORRELATION AND INTENT
(a) The formal Construction Services Agreement shall be signed by duly authorized
representatives of the Owner and Contractor as provided in the Agreement.
(b) Execution of the formal Construction Services Agreement by the Contractor is a
representation that the Contractor has visited the site, become familiar with local
conditions, including but not limited to subsurface conditions, under which the Work is to
be performed and correlated personal observations with requirements of the Contract
Documents.
(c) The intent of the Contract Documents is to include all items necessary for the proper
execution and completion of the Work by the Contractor. The Contract Documents are
complementary, and what is required by one shall be as binding as if required by all;
performance by the Contractor shall be required only to the extent consistent with the
Contract Documents and reasonably inferable from them as being necessary to produce the
intended results.
(d) Organization of the Specifications into divisions, sections, and articles, and arrangement
of Drawings shall not control the Contractor in dividing the Work among Subcontractors
or in establishing the extent of Work to be performed by any trade.
(e) Unless otherwise stated in the Contract Documents, words which have well-known
technical or construction industry meanings are used in the Contract Documents in
accordance with such recognized meanings.
(f) The Drawings and Specifications are intended to agree with one another, and Work called
for by Drawings and not mentioned in Specifications, or vice versa, shall be furnished as
if set forth by both. Specifications shall govern materials, methods and quality of work. In
the event of a conflict on the Drawings between scale and dimension, figured dimensions
shall govern over scale dimensions and large scale drawings shall govern over small scale
drawings. Conflict between two or more dimensions applying to a common point shall be
referred to the Architect/Engineer/Engineer for final adjustment. If discrepancies or
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conflicts occur within or between the Drawings and Specifications regarding the Work, or
within or between other Contract Documents, the Contractor shall not perform such Work
without having obtained a clarification from the Architect/Engineer and resolution by the
Owner. The Owner's decision as to the appropriate resolution of a conflict or discrepancy
shall be final. Should the Drawings or the Specifications disagree within themselves or
with each other; the Base Bid will be based on the most expensive combination of quality
and quantity of Work indicated.
(g) Deviations from Contract Documents shall be made only after written approval is
obtained from Architect/Engineer and Owner, as provided in Article 7.
(h) The intention of the Contract Documents is to include all materials, labor, tools,
equipment, utilities, appliances, accessories, services, transportation, and supervision
required to completely perform the fabrication, erection and execution of the Work in
its final position.
(i) The most recently issued Drawing or Specification takes precedence over previous
issues of the same Drawing or Specification. In the event of a conflict, the order of
precedence of interpretation of the Contract Documents is as follows:
(1) Amendments (see Paragraph 7.2 for order of precedence between Amendments);
(2) the formal Construction Services Agreement;
(3) addenda, with those addenda of later date having precedence over those of an earlier
date;
(4) the Supplementary General Conditions and Special Provisions, if any;
(5) the General Conditions for Construction;
(6) the Specifications and Drawings.
1.3 OWNERSHIP AND USE OF ARCHITECT/ENGINEER'S DRAWINGS,
SPECIFICATIONS AND OTHER DOCUMENTS
All Drawings, Specifications, and copies thereof furnished by the Architect/Engineer are and
shall remain the property of the Owner and are, with the exception of the Contract set for each
party, to be returned to the Owner upon request at the completion of the Work.
1.4 CAPITALIZATION
Terms capitalized in these General Conditions include those which are:
(1) specifically defined in these General Conditions (except the terms defined in Subparagraph
1.10), which terms are of common grammatical usage and are not normally capitalized);
(2) the titles of numbered articles and identified references to Paragraphs, Subparagraphs, and
Clauses;
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(3) the titles of other documents published or used by the Owner as manuals or official policy
statements; or
(4) proper nouns or other words required under standard grammatical rules to be capitalized.
ARTICLE 2 THE OWNER
2.1 DEFINITION OF OWNER
The Owner is the City of Denton, a Texas municipal corporation, and is identified as such in
the formal Construction Services Agreement, and is referred to throughout the Contract
Documents as if singular in number. The term "Owner" means the Owner or the Owner's
authorized representatives.
2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER
(a) The Owner shall furnish the most recent survey describing the physical characteristics,
legal limits, utility locations, and a permanent benchmark for the site of the Project. The
Owner shall also furnish any environmental site assessments that may have been given to
the Owner or conducted for the property upon which the Project is to be constructed. THIS
INFORMATION IS FURNISHED TO THE CONTRACTOR ONLY IN ORDER TO
MAKE DISCLOSURE OF THIS MATERIAL AND FOR NO OTHER PURPOSE. BY
FURNISHING THIS MATERIAL, THE OWNER DOES NOT REPRESENT,
WARRANT, OR GUARANTEE ITS ACCURACY EITHER IN WHOLE, IN PART,
IMPLICITLY OR EXPLICITLY, OR IN ANY OTHER WAY, AND THE OWNER
SHALL HAVE NO LIABILITY FOR THIS MATERIAL.
(b) Except for permits and fees which are provided for in Subparagraph 3.7(a), the Owner shall
secure and pay for necessary approvals, easements, assessments, and charges required for
construction, use, or occupancy of permanent structures or for permanent changes in
existing facilities.
(c) Information or services under the Owner's control shall be furnished by the Owner with
reasonable promptness to avoid delay in the orderly progress of the Work. It is incumbent
upon the Contractor to identify, establish, and maintain a current schedule of latest dates
for submittal and approval, as required in Paragraph 3. 10, including when such information
or services must be delivered. If Owner delivers the information or services to the
Contractor as scheduled and Contractor is not prepared to accept or act on such information
or services, then Contractor shall reimburse Owner for all extra costs incurred of holding,
storage, or retention, including redeliveries by the Owner to comply with the current
schedule.
(d) Unless otherwise provided in the Contract Documents, the Contractor will be furnished
electronic copies of the Drawings and Specifications for bid purposes and one hard copy
approved by Building Inspections upon execution of the Contract. Contractor may obtain
additional copies by paying the cost of additional printing or reproduction.
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(e) The obligations described above are in addition to other duties and responsibilities of the
Owner enumerated in the Contract Documents and especially those in respect to Article 6
(Construction by Owner or by Separate Contractors), Article 9 (Payments and
Completion), and Article 11 (Insurance and Bonds).
(f) The Owner shall forward all instructions to the Contractor through the Architect/Engineer,
except for the Owner's Notice to Proceed and the Owner's decision to carry out Work as
described in Paragraph 2.4.
(g) The Owner's employees, agents, and consultants may be present at the Project site during
performance of the Work to assist the Architect/Engineer in the performance of the
Architect/Engineer's duties and to verify the Contractor's record of the number of
workmen employed on the Work, their occupational classification, the time each is
engaged in the Work, the equipment used in the performance of the Work, and for purpose
of verification of Contractor's Applications for Payment.
2.3 OWNER'S RIGHT TO STOP THE WORK
If the Contractor fails to correct any portion of the Work which is not in accordance with the
requirements of the Contract Documents as required by Paragraph 12.2 or refuses or fails to
carry out all or any part of the Work in accordance with the Contract Documents, the Owner,
by written order, may order the Contractor to stop the Work, or any portion of the Work, until
the cause for the order has been eliminated. The right of the Owner however, to stop the Work
shall not create or imply a duty on the part of the Owner to exercise this right for the benefit
of the Contractor or any other person or entity. The rights of the Owner under this Paragraph
2.3 shall be in addition to, and not in restriction of, the Owner's rights under Paragraph 12.2.
2.4 OWNER'S RIGHT TO CARRY OUT THE WORK
If the Contractor fails or refuses to carry out the Work or perform any of the terms, covenants,
or obligations of the Contract Documents, and fails or refuses to correct any failure or refusal
with diligence and promptness within fourteen (14) days after receipt of notice from the Owner,
the Owner may correct the Contractor's failure or refusal or cause such failure or refusal to be
corrected, without affecting, superseding, or waiving any other contractual, legal, or equitable
remedies the Owner has, including but not limited to the Owner's termination rights under
Article 13. In that case, an appropriate Change Order will be issued deducting the Owner's cost
of correction, including Architect/Engineer's compensation for additional services and
expenses made necessary by the failure or refusal of the Contractor from payments then or
thereafter due to the Contractor. The cost of correction is subject to verification (but not
approval) by the Architect/Engineer. If payments then or thereafter due the Contractor are not
sufficient to cover the cost of correction, the Contractor shall pay the difference to the Owner.
2.5 NOTICE TO PROCEED
After final execution of the Contract and receipt and approval of the required performance and
payment bonds and evidence of required insurance, the Owner will issue a written notice to
proceed with the Work, including the designated Contract Time within which Substantial
Completion of the Work must be achieved. If the Owner unreasonably delays issuance of a
written notice to proceed through no fault of the Contractor, the Contractor shall be entitled
only to an equitable adjustment of the Contract Time, if properly claimed pursuant to the
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requirements of Paragraph 4.3; but the Contractor shall not be entitled to any increase to the
Contract Sum whatsoever for this reason.
ARTICLE 3 THE CONTRACTOR
3.1 DEFINITION OF CONTRACTOR
The Contractor is the person or business entity identified as such in the formal Construction
Services Agreement, and is referred to throughout the Contract Documents as if singular in
number. The term "Contractor" means the Contractor or the Contractor's authorized
employees or representatives.
3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY
CONTRACTOR
(a) The Contractor shall carefully check, study, and compare the Contract Documents with
each other and shall at once report to the Architect/Engineer in writing any inconsistency,
ambiguity, error, omission, conflict, or discrepancy the Contractor may discover. The
Contractor shall also verify all dimensions, field measurements, and field conditions before
laying out the Work. The Contractor will be held responsible for any subsequent error,
omission, conflict, or discrepancy which might have been avoided by the above-described
check, study, comparison, and reporting. In the event the Contractor continues to work on
an item where an inconsistency, ambiguity, error, omission, conflict, or discrepancy exists
without obtaining such clarification or resolution or commences an item of the Work
without giving written notice of an error, omission, conflict, or discrepancy that might have
been avoided by the check, study, and comparison required above, it shall be deemed that
the Contractor bid and intended to execute the more stringent, higher quality, or state of
the art requirement, or accepted the condition as is in the Contract Documents, without any
increase to the Contract Sum or Contract Time. The Contractor shall also be responsible to
correct any failure of component parts to coordinate or fit properly into final position as a
result of Contractor's failure to give notice of and obtain a clarification or resolution of any
error, omission, conflict, or discrepancy, without any right to any increase to the Contract
Sum or Contract Time.
(b) The Contractor shall perform the Work in accordance with the Contract Documents and
submittals approved pursuant to Paragraph 3.12.
3.3 SUPERVISION AND CONSTRUCTION PROCEDURES
(a) The Contractor shall supervise and direct the Work, using the Contractor's best skill and
attention. The Contractor shall be solely responsible for and have control over construction
means, methods, techniques, sequences, and procedures and for coordinating all portions
of the Work, unless the Contract Documents set forth specific instructions concerning these
matters.
(b) The Contractor shall be responsible to the Owner for the acts and omissions of the
Contractor's employees, Subcontractors, Sub -subcontractors, and their respective agents
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and employees, and any other persons performing portions of the Work under a subcontract
with the Contractor or with any Subcontractor, and all other persons or entities for which
the Contractor is legally responsible. All labor shall be performed by mechanics that are
trained and skilled in their respective trades. Standards of work required throughout shall
be of a quality that will bring only first class results. Mechanics whose work is
unsatisfactory, or who are considered careless, incompetent, unskilled, or otherwise
objectionable shall be dismissed promptly from the Work and immediately replaced with
competent, skilled personnel. Any part of the Work adversely affected by the acts or
omissions of incompetent, unskilled, careless, or objectionable personnel shall be
immediately corrected by the Contractor.
(c) The Contractor shall not be relieved of its obligation to perform the Work in accordance
with the Contract Documents either by activities or duties of the Architect/Engineer in the
Architect/Engineer's administration of the Contract, or by tests, inspections, or approvals
required or performed by persons other than the Contractor.
(d) The Contractor shall be responsible for inspection of portions of Work already performed
under this Contract to determine that such portions are in proper condition to receive
subsequent Work. The Contractor's responsibility under this paragraph will not in any way
eliminate the Architect/Engineer's responsibility to the Owner under the
Architect/Engineer/Owner Agreement.
(e) Any Contractor, Subcontractor, Sub -subcontractor, or separate contractor who commences
Work over, in, or under any surface prepared by the Owner or by any other contractor,
subcontractor, sub -subcontractor or separate contractor without the Contractor having
given written notice to the Architect/Engineer of the existence of any faulty surface or
condition in the surface that prevents achieving the quality of workmanship specified by
the Contract Documents and without having obtained the prior approval of the
Architect/Engineer and the Owner to proceed is deemed to have accepted the surface or
condition in the surface as satisfactory at the commencement of such Work. Any
unsatisfactory Work subsequently resulting from such a faulty surface or condition in the
surface that was not pre -approved by the Architect/Engineer or the Owner after notice as
provided above may be rejected and replacement required, without any increase to the
Contract Sum or Contract Time.
(f) All grades, lines, levels, and benchmarks shall be established and maintained on an ongoing
basis by the Contractor. The Contractor is solely responsible for any errors made in
establishing or maintaining proper grades, lines, levels, or benchmarks. Each Contractor
for his own Work shall verify all grades, lines, levels, and dimensions as indicated on
Drawings. He shall report any errors, omissions, conflicts, or inconsistencies to
Architect/Engineer before commencing any Work affected by these conditions. Contractor
shall establish and safeguard benchmarks in at least two widely separated places and, as
Work progresses, establish benchmarks at each level and lay out partitions on rough floor
in exact locations as guides to all trades. The Contractor shall, from the permanent
benchmark provided by the Owner, establish and maintain adequate horizontal and vertical
control.
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3.4 LABOR AND MATERIALS
(a) Except as is otherwise specifically provided in the Contract Documents as being the
responsibility of the Owner, the Contractor shall provide and pay for labor, materials,
equipment, tools, construction equipment and machinery, water, heat, utilities,
transportation, and other facilities and services necessary for proper execution and
completion of the Work, whether temporary or permanent and whether or not incorporated
or to be incorporated in the Work.
(b) The Contractor shall enforce strict discipline and good order among the Contractor's
employees and other persons carrying out the Contract. The Contractor shall not permit
employment of unfit persons or persons not skilled in tasks assigned to them.
(c) The Contractor shall give preference, when qualified labor is available to perform the Work
to which the employment relates, to all labor hired for the Project in the following order:
(1) to bona fide residents of the City of Denton, Texas;
(2) to bona fide residents of the County of Denton, Texas;
(3) to bona fide residents of the State of Texas;
(4) to bona fide residents of the United States.
3.5 WARRANTY
(a) General Warranty. The Contractor warrants to the Owner that all Work shall be
accomplished in a good and workmanlike manner and that all materials and equipment
furnished under the Contract will be of good quality, new (unless otherwise specified), and
free from faults or defects, and that the Work will otherwise conform to the Contract
Documents. Work not conforming to these requirements, including substitutions not
properly approved and authorized, will be considered defective or nonconforming. The
Contractor's warranty excludes any remedy for damage or defect caused by abuse,
modifications not executed by the Contractor, improper or insufficient maintenance,
improper operation, or normal wear and tear under normal usage. If required by the
Architect/Engineer, the Contractor shall furnish satisfactory evidence as to the kind and
quality of materials and equipment. The commencement date, duration, and other
conditions related to the scope of this general warranty are established in Subparagraphs
9.9 (a) and 12.2(b) of these General Conditions. THE GENERAL WARRANTY
PROVIDED IN THIS SUBPARAGRAPH IS IN ADDITION TO AND DOES NOT
LIMIT OR DISCLAIM ANY OTHER WARRANTY OR REMEDY REQUIRED OR
PROVIDED BY LAW OR THE CONTRACT DOCUMENTS AND SUCH WARRANTY
SHALL REQUIRE THE CONTRACTOR TO REPLACE DEFECTIVE MATERIALS
AND RE -EXECUTE DEFECTIVE WORK THAT IS DISCLOSED BY THE OWNER
TO THE CONTRACTOR WITHIN A PERIOD OF two (2) YEAR AFTER
SUBSTANTIAL COMPLETION OF THE ENTIRE WORK OR, IF A LATENT
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DEFECT, WITHIN TWO (2) YEARS AFTER DISCOVERY BY THE OWNER OF THE
LATENT DEFECT.
(b) Special Warranties. The Contractor shall assign to the Owner in writing, as a condition
precedent to final payment, the terms and conditions of all special warranties required
under the Contract Documents.
3.6 TAXES
The Owner qualifies for exemption from state and local sales and use taxes, pursuant to the
provisions of Section 151.309 of the Texas Tax Code, as amended. Therefore, the Owner shall
not be liable for, or pay the Contractor's cost of, such sales and use taxes which would
otherwise be payable in connection with the purchase of tangible personal property furnished
and incorporated into the real property being improved under the Contract Documents or the
purchase of materials, supplies and other tangible personal property, other than machinery or
equipment and its accessories and repair and replacement parts, necessary and essential for
performance of the Contract which is to be completely consumed at the job site. The Contractor
shall issue an exemption certificate in lieu of the tax on such purchases.
3.7 PERMITS, FEES AND NOTICES
(a) The Owner will apply and arrange for the issuance of the City of Denton Building Permit.
The Contractor and Subcontractors will apply and arrange for the issuance of all other
required permits, and will not be required to pay a fee for any City of Denton permits
required for the Project. The Owner will pay all service extension charges, including tap
fees, assessed by the Water Utilities Department.
(b) The Contractor shall comply with and give notices required by laws, ordinances, rules,
regulations, and lawful orders of governmental entities or agencies applying to
performance of the Work.
(c) Except as provided in Subparagraph (d) below, it is not the Contractor's responsibility to
ascertain that the Contract Documents are in accordance with applicable laws, ordinances,
construction codes, and rules and regulations. However, if the Contractor observes that
portions of the Contract Documents are at variance with applicable laws, ordinances,
construction codes, rules or regulations, the Contractor shall promptly notify the
Architect/Engineer and the Owner in writing, and necessary changes shall be accomplished
by appropriate Amendment.
(d) If the Contractor performs Work knowing it to be contrary to laws, ordinances, construction
codes, or rules and regulations without notifying the Architect/Engineer and the Owner,
the Contractor shall assume full responsibility for the Work and shall bear the attributable
costs of the correction of the Work and any other Work in place that may be adversely
affected by the corrective work.
3.8 SUPERINTENDENT
The Contractor shall employ a competent superintendent and necessary assistants who shall be
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in attendance at the Project site during performance of the Work. The superintendent shall
represent the Contractor, and communications given to the superintendent shall be as binding
as if given to the Contractor. Important communications shall be confirmed in writing. Other
communications shall be similarly confirmed on written request in each case. The Owner
reserves the right to request that the Contractor replace its superintendent at any time and the
Contractor will replace said superintendent at the Owner's direction.
3.9 CONTRACTOR'S CONSTRUCTION SCHEDULES
(a) The Contractor shall, immediately after award of the Contract and before submittal of the
first Application for Payment, prepare and submit the construction schedule for the
Architect/Engineer's and Owner's information, review, and approval in accordance with
the following provisions:
(1) Unless otherwise approved in writing by the Owner, the construction schedule shall not
exceed the Contract Time limits currently in effect under the Contract Documents and
shall provide for expeditious and practicable execution of the Work.
(2) The construction schedule shall include all shop drawing and submittal data
requirements, indicating for each:
(i) the latest date to be submitted by the Contractor; and
(ii) the latest date for approval by the Architect/Engineer.
(3) The construction schedule shall be in the form of a critical path management schedule,
and shall indicate each critical task (the "predecessor") of all the major construction
activities of the Work in a logical and sequential order (the "project network") which
requires completion prior to commencement of the task next following (the
"successor"). Each task shall be identified with:
(i) actual work time, exclusive of slack time, for accomplishment;
(ii) the latest start date;
(iii) the latest finish date;
(iv) the amount of float associated with each task;
(v) the amount of labor, material, and equipment associated with each task; and
(vi) the percentage of completion as of the date of the current schedule.
(4) The construction schedule shall be revised and updated monthly to reflect the actual
status of the Work and shall be submitted with each Application for Payment.
(5) On or before the first day of each month, following the date of commencement of the
Work as stated in the notice to proceed, the Contractor shall prepare and submit to the
Architect/Engineer and the Owner an up-to-date status report of the progress of the
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various construction phases of the Work in the form of an updated construction
schedule. This status report shall consist of a time scale drawing indicating actual
progress of the various phases of the Work and the percentage of completion of the
entire Work. The original construction schedule shall be updated or changed to indicate
any adjustments to the Contract Time granted by the Owner. The updated schedule
must be submitted with the Contractor's Application for Payment. No application will
be certified without a satisfactory update to the construction schedule.
(6) The construction schedule will also be revised to show the effect of change orders and
other events on Contract Time. No request for an increase in Contract Time will be
considered unless it is accompanied by a schedule revision demonstrating the amount
of time related to the cause of the request. If the Contractor's status schedules reflect
that the Contractor has fallen behind the pace required to complete the Work within the
Contract Time, through no fault of the Owner, the Contractor shall prepare a recovery
schedule demonstrating how it intends to bring its progress back within the Contract
Time. This recovery schedule shall be in a form acceptable to the Owner.
(7) Costs incurred by the Contractor in preparing and maintaining the required construction
schedule, any updated schedule, and any recovery schedule required by the Owner will
not be paid as an additional or extra cost and shall be included in the Contract Sum.
(8) The Contract Sum is deemed to be based upon a construction schedule requiring the
full Contract Time. NO CLAIM FOR ADDITIONAL COMPENSATION SHALL BE
ALLOWED AS A RESULT OF THE CONTRACTOR BASING HIS BID ON AN
EARLY COMPLETION SCHEDULE, OR AS A RESULT OF DELAYS AND
COSTS ATTRIBUTABLE TO COMPLETION LATER THAN THE PLANNED
EARLY COMPLETION DATE.
(b) The Contractor shall also prepare and keep current, for the Architect/Engineer's
approval, a schedule of submittals which is coordinated with the Contractor's
construction schedule and allows the Architect/Engineer reasonable time to review
submittals.
(c) The Contractor shall conform to the most recent schedules approved as to form by
the Architect/Engineer and the Owner. Any subsequent revisions made by the
Contractor to schedules in effect shall conform to the provisions of Subparagraph
3.10(a)
(d) If the Work falls behind the approved construction schedule, the Contractor shall
take such steps as may be necessary to improve his progress, and the
Architect/Engineer and the Owner may require him to increase the number of shifts,
overtime operations, days of work, or the amount of construction plant, and to
submit for approval revised schedules in the form required above in order to
demonstrate the manner in which the agreed rate of progress will be regained, all
without additional cost to the Owner.
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3.10 DOCUMENTS AND SAMPLES AT THE PROJECT SITE
The Contractor shall maintain at the Project site for the Owner one record copy of the
Drawings, Specifications, addenda, and Amendments in good order and marked currently to
record changes and selections made during construction, and in addition shall maintain at the
Project site approved Shop Drawings, Product Data, Samples, and similar required submittals.
These shall be available to the Architect/Engineer and shall be delivered to the
Architect/Engineer for submittal to the Owner upon completion of the Work.
3.11 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES
(a) Shop Drawings are drawings, diagrams, schedules, and other data specially prepared for
the Work by the Contractor or a Subcontractor, Sub -subcontractor, manufacturer, supplier,
or distributor to illustrate some portion of the Work.
(b) Product Data are illustrations, standard schedules, performance charts, instructions,
brochures, diagrams, and other information furnished by the Contractor to illustrate
materials or equipment for some portion of the Work.
(c) Samples are physical examples which illustrate materials, equipment, or workmanship and
establish standards by which the Work will be judged.
(d) Shop Drawings, Product Data, Samples, and similar submittals are not Contract
Documents. The purpose of their submittal is to demonstrate for those portions of the Work
for which submittals are required the way the Contractor proposes to conform to the
information given and the design concept expressed in the Contract Documents. Review
by the Architect/Engineer is subject to the limitations of Paragraph 4.2.
(e) The Contractor shall review, approve and submit to the Architect/Engineer Shop Drawings,
Product Data, Samples, and similar submittals required by the Contract Documents with
reasonable promptness and in such sequence as to cause no delay in the Work or in the
activities of the Owner or of separate contractors. Submittals made by the Contractor which
are not required by the Contract Documents may be returned without action.
(f) The Contractor shall perform no portion of the Work requiring submittal and review of
Shop Drawings, Product Data, Samples, or similar submittals until the respective submittal
has been approved by the Architect/Engineer. Work requiring this submittal and review
shall be in accordance with approved submittals and any identified exceptions noted by the
Architect/Engineer.
(g) By approving and submitting Shop Drawings, Product Data, Samples and similar
submittals, the Contractor represents that the Contractor has determined and verified
materials, field measurements, and related field construction criteria, or will do so, and has
checked and coordinated the information contained within submittals with the
requirements of the Work and of the Contract Documents. The Contractor's attention is
directed to Paragraph 3.2 of these General Conditions and the requirements stated in that
Paragraph.
(h) The Contractor shall not be relieved of responsibility for deviations, substitutions, changes,
additions, deletions or omissions from requirements of the Contract Documents by the
Architect/Engineer's approval of Shop Drawings, Product Data, Samples, or similar
submittals unless the Contractor has specifically informed the Architect/Engineer in
writing of such substitutions, changes, additions, deletions, omissions, or deviations
involved in the submittal at the time of submittal and the Architect/Engineer, subject to a
formal Change Order signed by the Owner, Architect/Engineer and Contractor, has given
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written approval to the specific substitutions, changes, additions, deletions, omissions, or
deviations. The Contractor shall not be relieved of responsibility for errors or omissions in
Shop Drawings, Product Data, Samples, or similar submittals by the Architect/Engineer's
approval thereof. Further, notwithstanding any approval of a submittal by the
Architect/Engineer, the Contractor shall be responsible for all associated Project costs,
including costs of coordination's, modifications, or impacts, direct or indirect, resulting
from any and all substitutions, changes, additions, deletions, omissions, or deviations,
whether or not specifically identified by the Contractor to the Architect/Engineer at the
time of the above-mentioned submittals, including additional consulting fees, if any, in any
and all accommodations associated with such substitutions, changes, additions, deletions,
omissions, or deviations to the requirements of the Contract Documents.
(i) The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings,
Product Data, Samples, or similar submittals, to additional revisions other than those
requested by the Architect/Engineer on previous submittals. In the absence of such written
notice, the Architect/Engineer's approval of a resubmission shall not apply to the additional
revisions not requested.
(j) Informational submittals upon which the Architect/Engineer is not expected to take
responsive action may be so identified in the Contract Documents.
(k) When professional certification of performance criteria of materials, systems, or equipment
is required by the Contract Documents, the Architect/Engineer shall be entitled to rely upon
the accuracy and completeness of such calculations and certifications.
3.12 USE OF THE PROJECT SITE
The Contractor shall confine operations at the Project site to areas permitted by law,
ordinances, permits, and the Contract Documents and shall not unreasonably encumber the
Project site with materials or equipment.
3.13 CUTTING AND PATCHING
(a) The Contractor shall be responsible for cutting, fitting or patching required to complete
the Work or to make its parts fit together properly.
(b) The Contractor shall not damage or endanger a portion of the Work or any fully or
partially completed previous construction by cutting, patching, or otherwise altering the
construction or by excavating.
(c) A Hot Work Permit must be obtained from the City of Denton's Facilities Management
Department, 869 S. Woodrow Lane, Denton, Texas (940 349-7200) for any temporary
operation involving open flames or producing heat and/or sparks. This includes, but is
not limited to: Brazing, Cutting, Grinding, Soldering, Torch Applied Roofing and
Welding.
3.14 CLEANING UP
(a) The Contractor shall keep the Project site and surrounding area free from accumulation
of waste materials or rubbish caused by operations under the Contract. Upon the
completion of the Work the Contractor shall remove from and about the Project site all
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waste materials, and rubbish, and all of the Contractor's tools, construction equipment,
machinery, and surplus materials.
(b) If the Contractor fails to clean up as provided in the Contract Documents, the Owner may
clean up and the Owner's cost of cleaning up shall be charged to the Contractor.
3.15 ACCESS TO WORK
The Contractor shall provide the Owner and the Architect/Engineer access to the Work in
preparation and progress wherever located during the course of construction.
3.16 TESTS AND INSPECTIONS
(a) Tests, inspections, and approvals of portions of the Work required by the Contract
Documents or by laws, ordinances, rules, regulations, or orders of governmental entities or
agencies having jurisdiction over the Work shall be made at appropriate times. Unless
otherwise provided, the Contractor shall make arrangements for such tests, inspections, and
approvals with an independent testing laboratory or entity selected or contracted by the
Owner or with the appropriate governmental entity or agency, and the Owner shall bear all
related costs of tests, inspections, and approvals. The Contractor shall give the
Architect/Engineer timely notice of when and where tests and inspections are to be made
so the Architect/Engineer may observe such procedures. The Owner shall bear costs of
tests, inspections, or approvals which become requirements after bids or proposals are
received.
(b) If the Architect/Engineer, the Owner or other public authorities having jurisdiction over
the Work determine that portions of the Work require additional testing, inspection or
approval not included under Subparagraph 3.17(a), the Architect/Engineer will, upon
written authorization from the Owner, instruct the Contractor to make arrangements for
such additional testing, inspection or approval by an entity acceptable to the Owner, and
the Contractor shall give timely notice to the Architect/Engineer of when and where tests
and inspections are to be made so that the Architect/Engineer may observe such
procedures. The Owner shall bear such costs except as provided in Subparagraph 3.17(c).
(c) If procedures for testing, inspection, or approval under Subparagraphs 3.17(a) and 3.17(b)
reveal deficiencies or nonconformities in the Work, the Contractor shall bear all costs made
necessary to correct the deficiencies or nonconformities, including those of repeated
procedures and compensation for the Architect/Engineer's services and expenses, if any.
The Contractor shall bear the costs of any subsequent testing, inspection, or approval of
the corrected Work.
(d) Required certificates of testing, inspection or approval shall, unless otherwise required by
the Contract Documents, be secured by the Contractor and promptly delivered to the
Architect/Engineer.
(e) If the Architect/Engineer is to observe tests, inspections or approvals required by the
Contract Documents, the Architect/Engineer will do so promptly and, where practicable,
at the normal place of testing or inspection.
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(f) Tests or inspections conducted pursuant to the Contract Documents shall be made promptly
to avoid unreasonable delay in the Work.
3.17 ROYALTIES AND PATENTS
The Contractor shall pay all royalties and license fees. CONTRACTOR SHALL
COMPLETELY DEFEND, INDEMNIFY AND HOLD OWNER AND
ARCHITECT/ENGINEER HARMLESS FROM ANY AND ALL SUITS OR CLAIMS
FOR INFRINGEMENT OF PATENT RIGHTS, REGARDLESS OF WHETHER OR NOT
THE OWNER OR THE ARCHITECT/ENGINEER SPECIFIED A PARTICULAR
DESIGN, PROCESS OR PRODUCT IN THE CONTRACT DOCUMENTS THAT MAY
BE THE SUBJECT OF A PATENT INFRINGEMENT OR OTHERWISE ACTIVELY
INDUCED OR CONTRIBUTED TO THE INFRINGEMENT. In the event the Contractor
has reason to believe that a particular design, process or product specified infringes a patent,
the Contractor shall immediately notify the Owner and the Architect/Engineer of same.
3.18 INDEMNIFICATION
(a) THE CONTRACTOR AGREES TO DEFEND, INDEMNIFY AND HOLD THE
OWNER, ITS OFFICERS, AGENTS AND EMPLOYEES, AND THE
ARCHITECT/ENGINEER, HARMLESS AGAINST ANY AND ALL CLAIMS,
LAWSUITS, JUDGMENTS, FINES, PENALTIES, COSTS AND EXPENSES FOR
PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE OR OTHER
HARM OR VIOLATIONS FOR WHICH RECOVERY OF DAMAGES, FINES, OR
PENALTIES IS SOUGHT, SUFFERED BY ANY PERSON OR PERSONS, THAT MAY
ARISE OUT OF OR BE OCCASIONED BY CONTRACTOR'S BREACH OF ANY OF
THE TERMS OR PROVISIONS OF THIS CONTRACT, VIOLATIONS OF LAW, OR
BY ANY NEGLIGENT, GROSSLY NEGLIGENT, INTENTIONAL, OR STRICTLY
LIABLE ACT OR OMISSION OF THE CONTRACTOR, ITS OFFICERS, AGENTS,
EMPLOYEES, SUBCONTRACTORS, OR SUB -SUBCONTRACTORS AND THEIR
RESPECTIVE OFFICERS, AGENTS, OR REPRESENTATIVES, OR ANY OTHER
PERSONS OR ENTITIES FOR WHICH THE CONTRACTOR IS LEGALLY
RESPONSIBLE IN THE PERFORMANCE OF THIS CONTRACT; EXCEPT THAT
THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO
ANY LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OR FAULT OF THE
OWNER, ITS OFFICERS, AGENTS, EMPLOYEES OR SEPARATE CONTRACTORS,
OR OF THE ARCHITECT/ENGINEER, AND IN THE EVENT OF JOINT AND
CONCURRENT NEGLIGENCE OR FAULT OF THE CONTRACTOR, THE OWNER,
AND THE ARCHITECT/ENGINEER, RESPONSIBILITY AND INDEMNITY, IF ANY,
SHALL BE APPORTIONED IN ACCORDANCE WITH THE LAW OF THE STATE
OF TEXAS, WITHOUT, HOWEVER, WAIVING ANY GOVERNMENTAL
IMMUNITY AVAILABLE TO THE OWNER UNDER TEXAS LAW AND WITHOUT
WAIVING ANY DEFENSES OF THE PARTIES UNDER TEXAS LAW. THE
PROVISIONS OF THIS PARAGRAPH ARE SOLELY FOR THE BENEFIT OF THE
PARTIES HERETO AND ARE NOT INTENDED TO CREATE OR GRANT ANY
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RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON OR
ENTITY.
(b) In claims against any person or entity indemnified under this Paragraph 3.19 by an
employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by
them or anyone for whose acts they may be liable, the indemnification obligation under
this Paragraph 3.19 shall not be limited by a limitation on amount or type of damages,
compensation or benefits payable by or for the Contractor or a Subcontractor under workers
compensation acts, disability benefit acts or other employee benefit acts.
(c) Indemnification under this Paragraph 3.19 shall include, but is not limited to, liability
which could result to or be created for the Owner, its officers, agents, or employees, or the
Architect/Engineer pursuant to State or Federal laws or regulations relating to pollution of
the environment and State or Federal laws or regulations relating to the occupational safety
and health of workers. The Contractor specifically agrees to comply with the above-
mentioned laws and regulations in the performance of the Work by the Contractor and that
the obligations of the Owner, its officers, agents, and employees, and the
Architect/Engineer under the above-mentioned laws and regulations are secondary to those
of the Contractor.
ARTICLE 4 CONTRACT ADMINISTRATION
4.1 THE DESIGN PROFESSIONAL (ARCHITECT/ENGINEER)
(a) The design professional is the person lawfully licensed to practice architecture or
engineering or a firm or other business entity lawfully practicing architecture/engineering
identified as such in the formal Construction Services Agreement and is referred to
throughout the Contract Documents as if singular in number. The term
"Architect/Engineer" means the Architect/Engineer or the Architect/Engineer's authorized
representative. The Owner may, at its option, designate a qualified Owner representative
to serve as the Architect/Engineer on the Project instead of an outside firm or person. In
such event, the references in these General Conditions that refer to the Architect/Engineer
shall apply to the Owner -designated Architect/Engineer representative and the Owner -
designated Architect/Engineer representative shall be accorded that same status by the
Contractor.
(b) In the event the Architect/Engineer is an outside person or firm and the
Architect/Engineer's employment is terminated, the Owner may, at its option, contract with
a new outside Architect/Engineer to replace the former, or may designate a qualified Owner
representative to serve as the Architect/Engineer. The replacement Architect/Engineer,
whether an Owner representative, an independent Architect/Engineer or any other qualified
person or entity, shall be regarded as the Architect/Engineer for all purposes under the
Contract Documents and shall be accorded that same status by the Contractor. Any dispute
in connection with such appointment shall be reviewed and settled by the Owner, whose
decision shall be final and binding.
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(c) Owner reserves the right to appoint a representative empowered to act for the Owner during
the Construction Phase and to supersede the Architect/Engineer's Construction Phase
responsibility. Similarly, from time to time the Owner may expand or reduce the Owner's
delegation of powers to the Architect/Engineer, with the Owner notifying the Contractor
of any such changes. The Architect/Engineer shall not be construed as a third parry
beneficiary to the Contract and can in no way object to any expansion or reduction of
powers as set forth in this Subparagraph (c). In no event, however, shall the Owner have
control over charge of, or be responsible for, construction means, methods, techniques,
sequences, or procedures, or for safety precautions or programs in connection with the
Work since these are solely the Contractor's responsibility. The Owner will not be
responsible for the Contractor's failure to carry out the Work in accordance with the
Contract Documents. The Owner will not have control over or charge of and will not be
responsible for acts or omissions of Contractor, Subcontractors, or their agents or
employees, or of any other persons performing portions of the Work.
4.2 ARCHITECT/ENGINEER'S RESPONSIBILITIES DURING CONSTRUCTION
(a) The Architect/Engineer will administer the Contract as described in the Contract
Documents and in accordance with the terms of the Architect/Engineer's agreement with
the Owner, where applicable, subject to the direction and approval of the Owner. If
requested by the Contractor, the provisions of the Owner/Architect/Engineer Agreement
will be made available to the Contractor.
(b) The Architect/Engineer shall provide, during performance of the Work, periodically
visiting the Project site to the extent necessary to personally familiarize themselves with
the progress and quality of the Work, and to determine if the Work is proceeding in
accordance with the Contract Documents. The Architect/Engineer shall not, however, be
required to make continuous on-site inspections to check the Work. Field reports of each
visit shall be prepared by the Architect/Engineer and submitted to the Owner. The
Architect/Engineer shall employ all reasonable measures to safeguard the Owner against
defects and nonconformities in the Work. The Architect/Engineer shall not be responsible
for the construction means, methods, techniques, sequences of procedures, nor for the
safety precautions and programs employed in connection with the Work. The
Architect/Engineer will, however, immediately inform the Owner whenever defects or
nonconformities in the Work are observed, or when any observed actions or omissions are
undertaken by the Contractor or any Subcontractor which are not in the best interests of
the Owner or the Project.
(c) The Architect/Engineer and the Owner will not have control over or charge of and will not
be responsible for construction means, methods, techniques, sequences, or procedures, or
for safety precautions and programs in connection with the Work, since these are solely
the Contractor's responsibility as provided in Paragraph 4.3. The Architect/Engineer and
the Owner will not be responsible for the Contractor's failure to carry out the Work in
accordance with the Contract Documents. The Architect/Engineer and the Owner will not
have control over or charge of and will not be responsible for acts or omissions of the
Contractor, Subcontractors, Sub -subcontractors, or their respective agents or employees,
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or of any other persons performing portions of the Work for which the Contractor is
responsible.
(d) Except as otherwise provided in the Contract Documents or when direct communications
have been specially authorized, the Owner and Contractor shall endeavor to communicate
through the Architect/Engineer. Communications by and with the Architect/Engineer's
consultants shall be through the Architect/Engineer. Communications by and with
Subcontractors and material suppliers shall be through the Contractor. Communications by
and with separate contractors will be through the Owner. The Contractor shall provide
written confirmation of communications made directly with the Owner and provide copies
of such confirmation to the Architect/Engineer.
(e) Based on the Architect/Engineer's observations and evaluations of the Contractor's
Applications for Payment, the Architect/Engineer will review and certify the amounts due
the Contractor and will issue Certificates for Payment in such amounts.
(f) The Architect/Engineer and the Owner will each have authority to reject Work which does
not conform to the Contract Documents. Whenever the Architect/Engineer considers it
necessary or advisable for implementation of the intent of the Contract Documents, the
Architect/Engineer will have authority to require additional inspection or testing of the
Work in accordance with Subparagraphs 3.17(b) and 3.17(c), whether or not such Work is
fabricated, installed or completed. However, neither this authority of the
Architect/Engineer nor a decision made in good faith either to exercise or not to exercise
such authority shall give rise to any duty or responsibility of the Architect/Engineer to the
Contractor, Subcontractors, material and equipment suppliers, their agents or employees,
or other persons performing portions of the Work.
(g) The Architect/Engineer will review and approve or take other appropriate action upon the
Contractor's submittals such as Shop Drawings, Product Data, and Samples, but only for
the limited purpose of checking for conformance with information given and the design
concept expressed in the Contract Documents. The Architect/Engineer's action will be
taken with such reasonable promptness as to not delay the Work or the activities of the
Owner, Contractor, or separate contractors. Review of such submittals is not conducted for
the purpose of determining the accuracy and completeness of other details such as
dimensions and quantities, or for substantiating instructions for installation or performance
of equipment or systems, all of which remain the responsibility of the Contractor as
required by the Contract Documents. The Architect/Engineer's review of the Contractor's
submittals shall not relieve the Contractor of any obligations under Paragraphs 3.3, 3.5,
and 3.12. The Architect/Engineer's review shall not constitute approval of safety
precautions or, unless otherwise specifically stated in writing by the Architect/Engineer, of
any construction means, methods, techniques, sequences, or procedures. The
Architect/Engineer's approval of a specific item shall not indicate approval of an assembly
of which the item is a component.
(h) The Architect/Engineer will prepare Change Orders and may authorize minor changes in
the Work as provided in Paragraph 7.3.
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(i) The Architect/Engineer will conduct inspections to determine the date or dates of
Substantial Completion and the date of final completion, will receive and forward to the
Owner for the Owner's review and records written warranties and related documents
required by the Contract and assembled by the Contractor, and will issue a final Certificate
for Payment upon compliance with the requirements of the Contract Documents.
(j) If the Owner and Architect/Engineer agree, the Architect/Engineer will provide one or
more Project representatives to assist in carrying out the Architect/Engineer's
responsibilities at the site. The duties, responsibilities, and limitations of authority of such
Project representatives are included in the scope of Engineers work which will be disclosed
upon request by contractor before award.
(k) The Architect/Engineer will interpret and make recommendations to the Owner concerning
performance under and requirements of the Contract Documents upon written request of
either the Owner or Contractor. The Architect/Engineer's response to such requests will be
made with reasonable promptness and within any time limits agreed upon. The
Architect/Engineer shall secure the Owner's written approval before issuing instructions,
interpretations, or judgments to the Contractor which change the scope of the Work or
which modify or change the terms and conditions of any of the Contract Documents.
(1) Interpretations and decisions of the Architect/Engineer will be consistent with the intent of
and reasonably inferable from the Contract Documents and will be in writing or in the form
of Drawings. When making such interpretations and decisions, the Architect/Engineer will
endeavor to secure faithful performance by the Contractor.
(m)The Architect/Engineer's decisions on matters relating to aesthetic effect will be final if
consistent with the intent expressed in the Contract Documents provided that the
Architect/Engineer has prior written approval of the Owner.
4.3 CLAIMS AND DISPUTES
(a) Definition; General Notice of Claim Procedure. As used in these General Conditions, a
"Claim" means a demand or assertion by one of the parties to the Contract seeking an
adjustment of the terms of the Contract Documents, of the Contract Sum, of the Contract
Time, or some other relief in respect to the terms of the Contract Documents. The term also
includes all other disputes between the Owner and the Contractor arising out of or relating
to the Project or the Contract Documents, including but not limited to claims that work was
outside the scope of the Contract Documents. The responsibility to substantiate the Claim
and the burden of demonstrating compliance with this provision shall rest with the party
making the Claim. Except where otherwise provided in the Contract Documents, a Claim
by the Contractor, whether for additional compensation, additional time, or other relief,
including but not limited to claims arising from concealed conditions, MUST BE MADE
BY WRITTEN NOTICE TO THE ARCHITECT/ENGINEER AND THE OWNER
WITHIN FOURTEEN (14) DAYS AFTER OCCURRENCE OF THE EVENT OR
EVENTS GIVING RISE TO THE PARTICULAR CLAIM. Every Claim of the
Contractor, whether for additional compensation, additional time, or other relief, including
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but not limited to claims arising from concealed conditions, shall be signed and sworn to
by an authorized corporate officer (if not a corporation, then an official of the company
authorized to bind the Contractor by his signature) of the Contractor, verifying the truth
and accuracy of the Claim. THE CONTRACTOR SHALL BE DEEMED TO HAVE
WAIVED ANY CLAIM NOT MADE STRICTLY IN ACCORDANCE WITH THE
PROCEDURE AND TIME LIMITS SET OUT IN THIS PARAGRAPH.
(b) Referral to the Architect/Engineer. Claims, disputes, and other matters in question between
the Contractor and the Owner relating to the progress or execution of the Work or the
interpretation of the Contract Documents shall be referred to the Architect/Engineer for
recommendation to the Owner, which recommendation the Architect/Engineer will furnish
in writing within a reasonable time, provided proper and adequate substantiation has been
received. Failure of the Contractor to submit the Claim to the Architect/Engineer for
rendering of a recommendation to the Owner shall constitute a waiver of the Claim.
(c) Continuing Contract Performance. Pending final resolution of a claim the Contractor shall
proceed diligently with performance of the Work and the Owner shall continue to make
payments in accordance with the Contract Documents.
(d) Claims for Concealed or Unknown Conditions. No adjustment in the Contract Sum or Time
associated with concealed or unknown conditions will normally be considered or allowed;
provided, however, that the Contract Sum or Time may be adjusted by the Owner in such
circumstances only if:
(1) a concealed subsurface condition is encountered in the course of performance of the
Work;
(2) a concealed or unknown condition in an existing structure is at variance with conditions
indicated by the Contract Documents; or
(3) an unknown physical condition is encountered below the surface of the ground or in an
existing structure which is of an unusual nature and materially different from those
ordinarily encountered and generally recognized as inherent in the character of the
Work; and
(4) a notice of claim with proper and adequate substantiation is presented pursuant to
Subparagraph 4.3(a) of these General Conditions; and
(5) the Owner and the Architect/Engineer determine that:
(i) prior to submitting its bid for the Work, the Contractor used reasonable diligence to
fully inspect the portion of the Project site where the condition was discovered; and
(ii) the work caused or required by the concealed or unknown condition at issue can be
considered extra work to the extent that additional new Drawings must be prepared and
issued and new construction beyond the scope of the Contract Documents is required.
(e) Disclaimer of Warranties as to Reports, Drawings, and Specifications. PROJECT SITE
INFORMATION AND REPORTS (INCLUDING BUT NOT LIMITED TO SOILS
TESTING REPORTS, GEOTECHNICAL REPORTS, OR ENVIRONMENTAL SITE
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ASSESSMENTS) PROVIDED BY THE OWNER AND THE ARCHITECT/ENGINEER
IN THE PROJECT MANUAL OR BY OTHER MEANS SHALL BE UTILIZED BY THE
CONTRACTOR AT THE CONTRACTOR'S OWN RISK. THE OWNER AND THE
ARCHITECT/ENGINEER DO NOT GUARANTEE OR WARRANT ANY
INFORMATION SHOWN IN THE PROJECT SITE INFORMATION AND REPORTS.
(f) Claims for Additional Cost. If the Contractor wishes to make a claim for an increase in the
Contract Sum, written notice as provided in this Paragraph 4.3 shall be given before
proceeding to execute the Work. Prior notice is not required for claims relating to an
emergency endangering life or property arising under Paragraph 10.3. In addition, the
Contractor's request for an increase in the Contract Sum for any reason (other than work
performed under emergency conditions) shall be made far enough in advance of required
work to allow the Owner and the Architect/Engineer a sufficient amount of time, without
adversely affecting the construction schedule, to review the request, prepare and distribute
such additional documents as may be necessary to obtain suitable estimates or proposals
and to negotiate, execute and distribute a Change Order for the required work if the
Contractor believes that additional cost is involved for reasons including but not limited
to:
(1) a written interpretation from the Architect/Engineer;
(2) a written order for a minor change in the Work issued by the Architect/Engineer;
(3) failure of payment by the Owner;
(4) termination of the Contract by the Owner;
(5) the Owner's temporary suspension of all or any portion of the Work where the
Contractor was not at fault; or
(6) other reasonable grounds.
(g) Injury or Damage to Person or Property. If the Contractor suffers injury or damages to
person or property because of an act or omission of the Owner, or of any of the Owner's
officers, employees or agents, written, sworn -to notice of any claim for damages or injury
shall be given as provided in Subparagraph 4.3(a). The notice shall provide sufficient detail
to enable the Architect/Engineer and the Owner to investigate the matter.
(h) Subcontractor Pass -Through Claims. In the event that any Subcontractor of the Contractor
asserts a claim to the Contractor that the Contractor seeks to pass through to the Owner
under the Contract Documents, any entitlement of the Contractor to submit and assert the
claim against the Owner shall be subject to:
(1) the requirements of Paragraph 4.3 of these General Conditions; and
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(2) the following additional three requirements listed below, all three of which additional
requirements shall be conditions precedent to the entitlement of the Contractor to seek
and assert such claim against the Owner:
(ii) The Contractor shall either (A) have direct legal liability as a matter of contract,
common law, or statutory law to the Subcontractor for the claim that the Subcontractor
is asserting or (B) the Contractor shall have entered into a written liquidating agreement
with the Subcontractor, under which agreement the Contractor has agreed to be legally
responsible to the Subcontractor for pursing the assertion of such claim against the
Owner under the Contract and for paying to the Subcontractor any amount that may be
recovered, less Contractor's included markup (subject to the limits in the Contract
Documents for any markup). The liability or responsibilities shall be identified in
writing by the Contractor to the Owner at the time such claim is submitted to Owner,
and a copy of any liquidating agreement shall be included by the Contractor in the claim
submittal materials.
(ii) The Contractor shall have reviewed the claim of the Subcontractor prior to its
submittal to Owner and shall have independently evaluated such claim in good faith to
determine the extent to which the claim is believed in good faith to be valid. The
Contractor shall also certify, in writing and under oath to the Owner, at the time of the
submittal of such claim, that the Contractor has made a review, evaluation, and
determination that the claim is made in good faith and is believed to be valid.
(iii) The Subcontractor making the claim to the Contractor shall certify in writing and
under oath that it has compiled, reviewed and evaluated the merits of such claim and
that the claim is believed in good faith by the Subcontractor to be valid. A copy of the
certification by the Subcontractor shall be included by Contractor in the claim submittal
materials.
(3) Any failure of the Contractor to comply with any of the foregoing requirements and
conditions precedent with regard to any such claim shall constitute a waiver of any
entitlement to submit or pursue such claim.
(4) Receipt and review of a claim by the Owner under this Subparagraph shall not be
construed as a waiver of any defenses to the claim available to the Owner under the
Contract Documents or law.
(i) Owner's Right to Order Acceleration and to Deny Claimed and Appropriate Time
Extensions, in Whole or in Part. The Contractor acknowledges and agrees that
Substantial Completion of the Work by or before the Scheduled Completion Date is of
substantial importance to Owner. The following provisions, therefore, will apply:
(1) If the Contractor falls behind the approved construction schedule for whatever
reason, the Owner shall have the right, in the Owner's sole discretion, to order the
Contractor to develop a recovery schedule as described in Paragraph 3.10 or to
accelerate its progress in such a manner as to achieve Substantial Completion on or
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before the Contract Time completion date or such other date as the Owner may
reasonably direct and, upon receipt, the Contractor shall take all action necessary
to comply with the order. In such event, any possible right, if any, of the Contractor
to additional compensation for any acceleration shall be subject to the terms of this
Subparagraph (i).
(2) In the event that the Contractor is otherwise entitled to an extension of Contract
Time and has properly initiated a Claim for a time extension in accordance with
Subparagraph 4.3(a) above, the Owner shall have the right, in the Owner's sole
discretion, to deny all, or any part, of the Claim for extension of Contract Time by
giving written notice to the Contractor provided within fourteen (14) days after
receipt of the Contractor's Claim. If the Owner denies the Contractor's claim for an
extension of Contract Time under this Clause (i)(2), either in whole or in part, the
Contractor shall proceed to prosecute the Work in such a manner as to achieve
Substantial Completion on or before the then existing Scheduled Completion Date.
(3) If the Contractor would have been entitled to a time extension for a reason
specifically allowed under the Contract Documents, for an amount of time that
would have justified approval by the Owner if not for the need and right to
accelerate, the Contractor may initiate a Claim for acceleration costs pursuant to
Subparagraph 4.3(a). Any resulting Claim for acceleration costs properly initiated
by the Contractor under Subparagraph 4.3(a) above shall be limited to those
reasonable and documented direct costs of labor, materials, equipment, and
supervision solely and directly attributable to the actual acceleration activity
necessary to bring the Work back within the then existing approved construction
schedule. These direct costs include the premium portion of overtime pay,
additional crew, shift, or equipment costs if requested in advance by the Contractor
and approved in writing by the Owner. A percentage markup for the prorated cost
of premium on the existing performance and payment bonds and required
insurance, not to exceed 5%, will be allowed on the claimed acceleration costs. NO
OTHER MARKUP FOR PROFIT, OVERHEAD (INCLUDING BUT NOT
LIMITED TO HOME OFFICE OVERHEAD) OR ANY OTHER COSTS WILL
BE ALLOWED ON ANY ACCELERATION CLAIM. The Owner shall not be
liable for any costs related to an acceleration claim other than those described in
this Clause (i)(3).
(i) Waiver of Claims; Final Payment. The making of final payment shall constitute a waiver
of claims by the Owner except those arising from:
(1) claims, security interests, purported liens, or other attempted encumbrances arising out
of the Contract and remaining unsettled;
(2) defective or nonconforming Work appearing after Substantial Completion;
(3) latent defects, as defined in Subparagraph 12.2(d), appearing after Final Completion;
or
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(4) the terms of general and special warranties required by the Contract Documents or
allowed or implied by law.
(k) THE CONTRACTOR SHALL NOT BE ENTITLED TO RECOVER ATTORNEY'S
FEES AS A PART OF ANY CLAIM MADE UNDER THE CONTRACT DOCUMENTS
OR IN ANY SUBSEQUENT LAWSUIT OR ALTERNATIVE DISPUTE RESOLUTION
PROCEEDING.
(1) No Waiver of Governmental Immunity. NOTHING IN THE CONTRACT DOCUMENTS
SHALL BE CONSTRUED TO WAIVE THE OWNER'S GOVERNMENTAL
IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO
THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE
LAW.
ARTICLE 5 SUBCONTRACTORS
5.1 DEFINITIONS OF SUBCONTRACTOR
(a) A Subcontractor is person or entity who has a direct contract with the Contractor to perform
a portion of the Work at the Project site or to supply materials or equipment to the
Contractor by purchase or lease for use in performance of or incorporation into the Work.
The term "Subcontractor" is referred to throughout the Contract Documents as if singular
in number and means a Subcontractor or an authorized representative of the Subcontractor.
The term "Subcontractor" does not include a separate contractor or subcontractors of a
separate contractor.
(b) A Sub -subcontractor is a person or entity who has a direct or indirect contract with a
Subcontractor to perform a portion of the Work at the Project site or to supply materials or
equipment to the Subcontractor or another Sub -subcontractor by purchase or lease for use
in performance of or incorporation into the Work. The term "Sub -subcontractor" is referred
to throughout the Contract Documents as if singular in number and means a Sub -
subcontractor or an authorized representative of the Sub -subcontractor.
5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF
THE WORK
(a) Immediately after the award of the Contract by the Owner, and before the formal
Construction Services Agreement is signed by the Contractor and the Owner, the
Contractor shall furnish to the Architect/Engineer in writing, for acceptance by the Owner
and the Architect/Engineer, a list of the names, addresses, telephone numbers, M/WBE
certification numbers (where applicable), and type of work of the Subcontractors
(including those who are to furnish materials or equipment fabricated to a special design),
proposed for the principal portions of the Work, including furnishings when made a part
of the Contract. The Contractor shall immediately notify the Owner in writing of any
changes in the list as they occur. The Architect/Engineer will promptly reply to the
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Contractor in writing stating whether or not the Owner or the Architect/Engineer, after due
investigation, has reasonable objection to any such proposed person or entity. Failure of
the Owner or Architect/Engineer to reply promptly shall constitute notice of no reasonable
objection.
(b) The Contractor shall not contract with a proposed person or entity to whom the Owner or
Architect/Engineer has made reasonable and timely objection.
(c) Architect/Engineer's and Owner's approval of or objection to any Subcontractor or of a
particular process or material will not relieve the Contractor of his responsibility for
performance of Work as called for under the Contract Documents, and shall not provide a
basis for any claim for additional time or money on the part of the Contractor. Approval
shall not be construed to create any contractual relationship between the Subcontractor and
either the Owner or Architect/Engineer. In no event shall the Contract Sum be increased as
a result of the rejection of any Subcontractor.
(d) The Contractor shall not change a Subcontractor previously selected if the Owner or
Architect/Engineer makes reasonable objection to such change.
5.3 SUBCONTRACTUAL RELATIONS
(a) By appropriate agreement, written where legally required for validity, the Contractor shall
require each Subcontractor, to the extent of the Work to be performed by the Subcontractor,
to be bound to the Contractor by the terms of the Contract Documents (including but not
limited to these General Conditions), and to assume toward the Contractor all the
obligations and responsibilities which the Contractor, by the Contract Documents, assumes
toward the Owner and the Architect/Engineer. Each subcontract agreement shall preserve
and protect the rights of the Owner and the Architect/Engineer under the Contract
Documents (including but not limited to these General Conditions) with respect to the
Work to be performed by the Subcontractor so that subcontracting will not prejudice the
rights of the Owner and the Architect/Engineer. Where appropriate, the Contractor shall
require each Subcontractor to enter into similar agreements with Sub -subcontractors. The
Contractor shall make available to each proposed Subcontractor, prior to the execution of
the subcontract agreement, copies of the Contract Documents to which the Subcontractor
is to be bound. Subcontractors shall similarly make copies of applicable portions of such
Documents available to their respective proposed Sub -subcontractors.
(b) The Contractor is solely responsible for making payments properly to the Contractor's
Subcontractors on the Project. During performance of the Work, the Contractor shall
comply with the following additional rules regarding Subcontractor payments:
(1) The Contractor shall submit, beginning with the Second Application and Certificate for
Payment, a Subcontractor Payment Report (the "Report") with each Application and
Certificate for Payment. The Report shall show all payments made to date by the
Contractor (plus existing retainage) to each Subcontractor involved in the Project. The
Report shall be made on a form approved and supplied by the Owner. As an alternative
to the Report, the Contractor may furnish Affidavits of Payment Received with the
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Application and Certificate for Payment, which affidavits shall be executed by each
Subcontractor owed money and paid during the previous progress payment period for
work or materials furnished on the Project. RECEIPT BY THE OWNER OF THE
REPORT OR AFFIDAVITS OF PAYMENT RECEIVED SHALL BE A
CONDITION PRECEDENT TO PAYMENT ON ANY APPLICATION.
(2) If, for any reason, the Contractor is withholding payment to a Subcontractor due to a
dispute or other problem with performance, the Contractor shall note the amount
withheld and that payment is in dispute. The Owner may require the Contractor to
document and verify the dispute or other problem in question.
(3) The Owner reserves the right in its sole discretion, to withhold payment to the
Contractor pursuant to Paragraph 9.5(a) of the General Conditions, should it appear
from the Report, statements of payment received or other information furnished to the
Owner that:
(i) the Report has not been properly completed;
(ii) the Contractor has knowingly provided false information regarding payment of any
Subcontractor; or
(iii) the Contractor has otherwise failed to make payments properly to any
Subcontractor.
(4) THE CONTRACTOR SHALL NOT HAVE ANY RIGHT TO MAKE A CLAIM FOR
ADDITIONAL TIME OR ADDITIONAL COMPENSATION AS A RESULT OF
THE OWNER'S OR ARCHITECT/ENGINEER'S ENFORCEMENT OF THIS
SUBPARAGRAPH 5.3(b). NO PROVISION OF THIS SUBPARAGRAPH OR ANY
OF THE CONTRACT DOCUMENTS SHALL BE CONSTRUED TO CREATE A
CONTRACTUAL RELATIONSHIP, EXPRESS OR IMPLIED, BETWEEN ANY
SUBCONTRACTOR AND EITHER THE OWNER OR THE
ARCHITECT/ENGINEER AND SHALL NOT BE CONSTRUED TO MAKE ANY
SUBCONTRACTOR OR ANY OTHER PERSON OR ENTITY A THIRD PARTY
BENEFICIARY OF THE CONTRACT BETWEEN THE OWNER AND THE
CONTRACTOR.
5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS
In the event of a termination of this Contract by the Owner under Article 14, the Contractor shall,
if requested in writing by the Owner, within fifteen (15) days after the date notice of termination
is sent, deliver and assign to Owner, or any person or entity acting on the Owner's behalf, any or
all subcontracts made by Contractor in the performance of the Work, and deliver to the Owner true
and correct originals and copies of the subcontract documents. In the event assignment is not
requested by the Owner, Contractor shall terminate all subcontracts to the extent that Owner has
not directed assignment of same and to the extent that they relate to the performance of Work
terminated by the notice of termination.
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ARTICLE 6 CONSTRUCTION BY THE OWNER/ SEPARATE CONTRACTORS
6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE
CONTRACTS
(a) The Owner reserves the right to perform construction or operations related to the Project
with the Owner's own forces, and to award separate contracts in connection with other
portions of the Project or other construction or operations on the Project site under
Conditions of the Contract identical or substantially similar to these General Conditions,
including those portions related to insurance and waiver of subrogation. If the Contractor
claims that delay or additional cost is involved because of such action by the Owner, the
Contractor shall make a claim as provided elsewhere in and in accordance with the Contract
Documents.
(b) When separate contracts are awarded for different portions of the Project or other
construction or operations on the Project site, the term "Contractor" in the Contract
Documents in each case shall mean the Contractor who executes each separate Building
Construction Services Agreement with the Owner.
(c) The Owner shall provide for coordination of the activities of the Owner's own forces and
of each separate contractor with the Work of the Contractor, who shall cooperate with
them. The Contractor shall participate with other separate contractors and the Owner in
reviewing their construction schedules when directed to do so. The Contractor shall, with
the approval of the Owner, make any revisions to the construction schedule deemed
necessary after a joint review and mutual agreement. The construction schedules shall then
constitute the schedules to be used by the Contractor, separate contractors, and the Owner
until subsequently revised by mutual agreement or by written Change Order. If the
Contractor believes it is entitled to an adjustment of the Contract Sum under the
circumstances, the Contractor shall submit a written proposal for a Change Order pursuant
to Article 7 of the General Conditions. In the event the Contractor's Change Order proposal
is denied by the Owner, the Contractor must submit any Claim pursuant to Paragraph 4.3
of the General Conditions.
(d) Unless otherwise provided in the Contract Documents, when the Owner performs
construction or operations related to the Project with the Owner's own forces, the Owner
shall be deemed to be subject to the same obligations and to have the same rights which
apply to the Contractor under these General Conditions, including, without excluding
others, those stated in Article 3, this Article 6, and Articles 10, 11 and 12.
6.2 MUTUAL RESPONSIBILITY
(a) The Contractor shall afford the Owner and separate contractors' reasonable opportunity for
access to and storage of their materials and equipment and the performance of their
activities and shall coordinate the Contractor's construction and operations with the
separate contractors as required by the Contract Documents.
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(b) If part of the Contractor's Work depends for proper execution or results upon construction
or operations by the Owner or a separate contractor, the Contractor shall, prior to
proceeding with that portion of the Work, promptly report to the Architect/Engineer
apparent discrepancies or defects in the other construction that would render it unsuitable
for proper execution and results. Failure of the Contractor to so report shall constitute an
acknowledgment that the Owner's or separate contractors completed or partially completed
construction is fit and proper to receive the Contractor's Work, except as to defects not
then reasonably discoverable.
(c) The Owner shall not be liable to the Contractor for damages suffered by the Contractor due
to the fault or negligence of a separate contractor or through failure of a separate contractor
to carry out the directions of the Owner or the Architect/Engineer. Should any interference
occur between the Contractor and a separate contractor, the Architect/Engineer or the
Owner may furnish the Contractor with written instructions designating priority of effort
or change in methods, whereupon the Contractor shall immediately comply with such
direction. In such event, the Contractor shall be entitled to an extension of the Contract
Time only for unavoidable delays verified by the Architect/Engineer; no increase in the
Contract Sum, however, shall be due to the Contractor.
(d) The Contractor shall promptly remedy damage wrongfully caused by the Contractor to
completed or partially completed construction or to property of the Owner or separate
contractors as provided in Subparagraph 10.2(e).
(e) Should the Contractor cause damage to the work or property of any separate contractor on
the Project, the Contractor shall, upon due notice, settle with the separate contractor by
agreement, if the separate contractor will so settle. If the separate contractor sues the Owner
or submits a claim on account of any damage alleged to have been so sustained, the Owner
shall notify the Contractor who shall defend such proceedings, at the Contractor's expense,
and if any judgment or award against the Owner arises from the separate contractor's claim,
the Contractor shall pay or satisfy it and shall reimburse the Owner for all attorney's fees
and costs which the Owner has incurred.
(f) The Owner and each separate contractor shall have the same responsibilities for cutting
and patching as are described for the Contractor in Paragraph 3.14.
6.3 OWNER'S RIGHT TO CLEAN UP
If a dispute arises among the Contractor, separate contractors and the Owner as to the
responsibility under their respective contracts for maintaining the Project site and surrounding
area free from waste materials and rubbish as described in Paragraph 3.15, the Owner may
clean up and allocate the cost among those responsible as the Architect/Engineer recommends
to be just.
ARTICLE 7 AMENDMENTS
7.1 CHANGE ORDERS
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(a) A Change Order is a written order to the Contractor, signed by the Owner and the
Architect/Engineer, issued after execution of the Contract, authorizing a change in the
Work, an adjustment in the Contract Sum, or an adjustment to the Contract Time, consistent
with other applicable provisions of this Contract. The Owner, without invalidating the
Contract and without requiring notice of any kind to the sureties, may order changes to the
scope of Work under the Contract by additions, deletions, or other revisions, the Contract
Sum and Contract Time to be adjusted consistent with other applicable provisions of this
Contract. All Change Orders shall be executed on a Change Order form approved by the
Owner and the Owner's City Attorney.
(b) In addition to the Owner and the Architect/Engineer, the Contractor shall sign all Change
Orders to verify and confirm the terms and conditions established by Change Order;
however, should the Contractor refuse to sign a Change Order, this shall not relieve him of
his obligation to perform the change directed by the Owner and the Architect/Engineer to
the best of his ability in accordance with the provisions of this Article 7. A Change Order
signed by the Contractor indicates his agreement with all of the changes approved,
including the adjustment in the Contract Sum or the Contract Time. EACH CHANGE
ORDER SHALL BE SPECIFIC AND FINAL AS TO PRICES AND EXTENSIONS OF
TIME, WITH NO RESERVATIONS OR OTHER PROVISIONS ALLOWING FOR
FUTURE ADDITIONAL MONEY OR TIME AS A RESULT OF THE PARTICULAR
CHANGES IDENTIFIED AND FULLY COMPENSATED IN THE CHANGE ORDER.
The execution of a Change Order by the Contractor shall constitute conclusive evidence of
the Contractor's agreement to the ordered changes in the Work. The Contractor forever
releases any claim against the Owner for additional time or compensation for matters
relating to or arising out of or resulting from the Work included within or affected by the
executed Change Order. This release applies to claims related to the cumulative impact of
all Change Orders and to any claim related to the effect of a change on other Work.
(c) No extra work (except under emergency conditions) or changes shall be made nor shall
any substitutions, changes or additions to or omissions or deviations from the requirements
of the Drawings and Specifications be made unless pursuant to a written Change Order
signed by the Owner and the Architect/Engineer, it being expressly understood that the
Owner shall not be liable for the cost of extra work or any substitution, change, addition,
omission or deviation from the requirements of the Drawings or Specifications unless the
same shall have been authorized in writing by the Owner and the Architect/Engineer in a
written change order or other Amendment. The provisions of this Paragraph 7.1 shall
control in the event of any inconsistency between such provisions and the other provisions
of this Article 7. See Subparagraph 10.3(a) of the General Conditions for Change Orders
under emergency conditions.
(d) The method of determining the cost or credit to the Owner for any change in the Work shall
be one of the following:
(1) mutual acceptance of a not -to -exceed lump sum amount properly itemized and
supported by sufficient substantiating data to permit evaluation;
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(2) unit prices stated in the Contract Documents or subsequently agreed upon;
(3) cost to be determined in a manner agreed upon by the parties and a mutually acceptable
fixed or percentage fee; or
(4) the force account method provided in Subparagraph 7.1(e)
(e) If the parties cannot agree to one of the methods of calculating cost provided in Clauses (d)
(1), (d) (2), or (d) (3), or if the parties agree to a method but cannot agree to a final dollar
figure, or if the Contractor for whatever reason refuses to sign the Change Order in
question, the Contractor, provided he receives a written order signed by the Owner, shall
promptly proceed with the Work involved. The cost of the Work involved shall then be
calculated on the basis of the reasonable jobsite expenditures and savings of those
performing the Work attributable to the changes, including a reasonable allowance for
overhead and profit, such allowance in any case never to exceed 15%. In such case, the
Contractor shall keep an itemized accounting of the Work involved, on a daily basis, in
such form and with the appropriate supporting data as the Architect/Engineer and Owner
may prescribe. Sworn copies of the itemized accounting shall be delivered to the
Architect/Engineer each day during the performance of force account work, with copies to
the Owner.
FAILURE OF THE CONTRACTOR TO SUBMIT THE SWORN -TO ITEMIZED
ACCOUNTING DAILY AS REQUIRED HEREIN SHALL CONSTITUTE A WAIVER
BY THE CONTRACTOR OF ANY RIGHT TO DISPUTE THE OWNER'S
DETERMINATION OF THE AMOUNT DUE THE CONTRACTOR FOR FORCE
ACCOUNT WORK. Costs to be charged under this Subparagraph for force account work
are limited to the following:
(1) costs of labor, including social security, old age and unemployment insurance, fringe
benefits required by agreement or custom, and workers compensation insurance;
(2) costs of materials, supplies and equipment (but not to include off-site storage unless
approved in writing by the Owner), whether incorporated or consumed;
(3) rental costs of machinery and equipment, exclusive of hand tools, whether rented from
the Contractor or others;
(4) costs of premiums for all bonds and insurance related to the Work; and
(5) additional costs of supervision and field office personnel directly attributable to the
changed Work. Pending final determination of cost to the Owner, payment of
undisputed amounts on force account shall be included on the Architect/Engineer's
Certificate of Payment as work is completed.
(f) The amount of credit to be allowed to the Owner for any deletion of Work or any other
change which results in a net decrease of the Contract Sum shall be the amount of actual
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net cost confirmed by the Architect/Engineer plus the stated percentage for overhead and
profit. When both additions and deletions or credits covering related Work or substitutions
are involved in any one change, the allowance for overhead and profit shall be figured on
the basis of the net increase or decrease with respect to that change.
7.2 SUPPLEMENTAL AGREEMENTS
A written Supplemental Agreement can also be used to implement changes in the Work instead
of a Change Order form, including but not limited to situations involving partial occupancy of
the Work under Paragraph 9.8, a change made to the Drawings or the Specifications without
an increase in the Contract Sum, or special circumstances where it is necessary or more
appropriate for the Owner to use a Supplemental Agreement. Written Supplemental
Agreements shall have a status equal to that of Change Orders for purposes of priority of
Contract Documents interpretation, except that to the extent of a conflict, later Supplemental
Agreements in time control over earlier Supplemental Agreements, and the latest Change
Order or Supplemental Agreement in time controls over earlier dated Change Orders and
Supplemental Agreements. The rules of Subparagraphs 7.1(b) through (f) shall also apply to
the negotiation and execution of Supplemental Agreements.
7.3 MINOR CHANGES IN THE WORK
The Architect/Engineer, after notifying the Owner, shall be authorized to order minor changes
in the Work not involving an adjustment in the Contract Sum or an extension of the Contract
Time and not inconsistent with the intent of the Contract Documents. Minor changes shall be
effected by written order, and shall be binding on the Owner and the Contractor. The
Contractor shall carry out such written orders promptly. These written orders shall not be
deemed to change or impact the Contract Sum or the Contract Time. Contractor shall have no
Claim for any minor change ordered to the Work under this Paragraph 7.3 unless the Contractor
submits its change proposal, prior to complying with the minor change ordered and in no event
later than ten (10) working days from the date the minor change was ordered, to the Owner for
approval.
7.4 TIME REQUIRED TO PROCESS AMENDMENTS
(a) All of the Contractor's responses to proposal requests shall be accompanied by a complete,
itemized breakdown of costs. Responses to proposal requests shall be submitted
sufficiently in advance of the required work to allow the Owner and the Architect/Engineer
a minimum of thirty (30) calendar days after receipt by the Architect/Engineer to review
the itemized breakdown and to prepare or distribute additional documents as may be
necessary. All of the Contractor's responses to proposal requests shall include a statement
that the cost described in the response represents the complete, total and final cost and
additional Contract Time associated with the extra work, change, addition to, omission,
deviation, substitution, or other grounds for seeking extra compensation under the Contract
Documents, without reservation or further recourse.
(b) All Amendments require approval by either the City Council or, where authorized by the
state law and City ordinance, by the City Manager pursuant to Administrative Action. The
approval process requires a minimum of forty-five (45) calendar days after submission to
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the Owner in final form with all supporting data. Receipt of a submission by Owner does
not constitute acceptance or approval of a proposal, nor does it constitute a warranty that
the proposal will be authorized by City Council Resolution or Administrative Action. THE
TIME REQUIRED FOR THE APPROVAL PROCESS SHALL NOT BE CONSIDERED
A DELAY AND NO EXTENSIONS TO THE CONTRACT TIME OR INCREASE IN
THE CONTRACT SUM WILL BE CONSIDERED OR GRANTED AS A RESULT OF
THIS PROCESS. Pending the approval described above, the Contractor will proceed with
the work under a pending Amendment only if directed in writing by the Owner.
ARTICLE 8 CONTRACT TIME
8.1 DEFINITIONS
(a) Unless otherwise provided, the Contract Time is the period of time, including authorized
adjustments, allotted in the Contract Documents for Substantial Completion of the Work.
(b) The date of commencement of the Work is the date established in the notice to proceed
from the Owner. The date of commencement shall not be postponed by the failure of the
Contractor, or of persons or entities for whom the Contractor is responsible to act promptly
to commence the Work. If the Owner unreasonably delays the issuance of the notice to
proceed through no fault of the Contractor, the Contractor shall be entitled only to an
equitable extension of the Contract Time; the Contract Sum shall remain unchanged.
(c) The date of Substantial Completion is the date certified by the Architect/Engineer in
accordance with Paragraph 9.7.
(d) The term "day" as used in the Contract Documents shall mean a calendar day, beginning
and ending at 12:00 midnight, unless otherwise specifically defined by special provision.
8.2 PROGRESS AND COMPLETION
(a) Time limits stated in the Contract Documents are of the essence of the Contract. By
executing the formal Construction Services Agreement, the Contractor confirms that the
Contract Time is a reasonable period for performing the Work.
(b) The Contractor shall not knowingly, except by agreement with or instruction of the Owner
in writing, prematurely commence operations on the Project site or elsewhere prior to the
effective date of insurance to be furnished by the Contractor as required by Article 11. The
date of commencement of the Work shall not be changed by the effective date of insurance
required by Article 11.
(c) The Contractor shall proceed expeditiously with adequate forces, materials, and
equipment, and shall achieve Substantial Completion within the Contract Time.
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8.3 DELAYS AND EXTENSIONS OF TIME
(a) If the Contractor is delayed at any time in the progress of the Work by an act or neglect of
the Owner or Architect/Engineer, or of an employee of either, or of a separate contractor
employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire,
unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's
control, or by delay authorized by the Owner pending a claim, or by other causes which
the Architect/Engineer determines may justify delay, then the Contract Time shall be
extended by Change Order for such reasonable time as the Architect/Engineer and Owner
may determine.
(b) Claims relating to Contract Time and time extensions shall be made in accordance with the
applicable provisions of Paragraph 4.3.
(c) No Damages for Delay. NOTWITHSTANDING ANY OTHER PROVISIONS OF THE
CONTRACT DOCUMENTS, INCLUDING THE GENERAL CONDITIONS, NO
ADJUSTMENT SHALL BE MADE TO THE CONTRACT SUM AND THE
CONTRACTOR SHALL NOT BE ENTITLED TO CLAIM OR RECEIVE ANY
ADDITIONAL COMPENSATION AS A RESULT OF OR ARISING OUT OF ANY
DELAY, HINDRANCE, DISRUPTION, FORCE MAJEURE, IMPACT, OR
INTERFERENCE, INTENTIONAL OR UNINTENTIONAL, FORESEEN OR
UNFORESEEN, WHICH INCREASES THE TIME TO COMPLETE THE WORK,
INCLUDING BUT NOT LIMITED TO ANY DELAYS CAUSED IN WHOLE OR IN
PART BY THE ACTS, OMISSIONS, FAILURES, NEGLIGENCE, OR FAULT OF THE
OWNER, THE ARCHITECT/ENGINEER, OR THE OWNER'S REPRESENTATIVE,
AN EXTENSION OF THE CONTRACT TIME UNDER SUBPARAGRAPH 8.3(a)
BEING THE CONTRACTOR'S SOLE REMEDY.
(d) The Owner shall have the right to occupy, without prejudice to the right of either party,
any completed or largely completed portions of the structure or Work, notwithstanding the
fact that the Contract Time for completing all or a portion of the Work may not have
expired. Partial occupancy and use shall not be deemed as an acceptance of the Work taken
or used.
(e) The Contractor shall promptly suspend the Work when either the Contractor or the Owner
is ordered to do so by a court order from a court having lawful jurisdiction, and the
Contractor will not be entitled to additional compensation by virtue of any delays resulting
from the court order. The Contractor will also not be liable to the Owner for a delay caused
in fact by the Work being suspended by a court order.
(f) The Architect/Engineer, with the consent of the Owner, shall have the authority to suspend
the Work, in whole or in part, for such period or periods as the Architect/Engineer deems
necessary due to unusual or severe weather conditions as are considered unfavorable for
the suitable prosecution of the Work, or due to failure on the part of the Contractor to
correct conditions considered unsafe for workmen or the general public. If it should
become necessary to stop the Work for an indefinite period, the Contractor shall store all
materials in such a manner that they will not obstruct or impede the public unnecessarily
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or become damaged in any way, and shall take every precaution to prevent damage or
deterioration of the Work performed. In cases of suspension of the Work under this
Subparagraph, the Contractor shall also provide suitable drainage about the Work and erect
temporary structures where necessary. The Contractor shall not suspend the Work in whole
or in part without written authority from the Architect/Engineer or the Owner, and shall
resume the Work promptly when notified by the Architect/Engineer or the Owner to
resume operations.
(g) In the event of a delay that is the responsibility of the Contractor or any of the
Subcontractors, for which the Contractor is not entitled to a time extension under the
provisions of this Contract, the Owner may direct that the Work be accelerated by means
of overtime, additional crews or additional shifts, or resequencing. This acceleration shall
be at no cost to the Owner and will continue until the Contract Time is restored. In the
event of a delay for which the Contractor is entitled to a time extension, as determined by
the Architect/Engineer, Owner may similarly direct acceleration and the Contractor agrees
to perform same on the basis that the Contractor will be reimbursed only to the extent
described in Subparagraph 4.3(i). THE CONTRACTOR EXPRESSLY WAIVES ANY
OTHER COMPENSATION RESULTING FROM ACCELERATION, SUCH AS LOSS
OF LABOR PRODUCTIVITY OR EFFICIENCY.
ARTICLE 9 PAYMENTS AND COMPLETION
9.1 CONTRACT SUM
The Contract Sum is stated in the formal Construction Services Agreement and, including
authorized adjustments, is the total amount of compensation payable by the Owner to the
Contractor for the performance of the Work under the Contract Documents.
9.2 SCHEDULE OF VALUES
Before the first Application for Payment, the Contractor shall submit to the Architect/Engineer
a schedule of values allocated to various portions of the Work, prepared in such form and
supported by such data to substantiate its accuracy as the Architect/Engineer may require. This
schedule, when approved by the Architect/Engineer and the Owner, shall be used as a basis for
the Contractor's Application for Payment. The schedule of values shall follow the trade
division of the Specifications. Contractor's Application for Payment shall be filed on the
current version of AIA Form G702 (Application and Certificate for Payment), as approved by
the Owner.
9.3 APPLICATIONS FOR PAYMENT
(a) At least ten (10) days before the date established for each progress payment, the Contractor
shall submit to the Architect/Engineer an itemized Application for Payment for Work
completed in accordance with the schedule of values. The Application shall be notarized,
if required, and supported by data substantiating the Contractor's right to payment as the
Owner or Architect/Engineer may require, including but not limited to copies of
requisitions from Subcontractors and material suppliers, and reflecting the applicable
retainage as required in the Contract Documents. Contractor's Application for Payment
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shall also provide other supporting documentation as the Owner or the other applicable
provisions of the Contract Documents may require.
(b) Applications for Payment may not include requests for payment of amounts the Contractor
does not intend to pay to a Subcontractor because of a good faith dispute, unless the
Contractor complies with Clause 5.3(b) (2) of these General Conditions and the
Contractor's Payment Bond Surety consents in writing to payment to the Contractor of the
funds deemed to be in dispute.
(c) Unless otherwise provided in the Contract Documents, progress payments shall include
payment for materials and equipment delivered and suitably stored at the Project site for
subsequent incorporation into the Work within thirty (30) days after delivery to the Project
site. If approved in advance by the Owner, payment may similarly be made for materials
and equipment suitably stored away from the Project site at a location agreed upon in
writing. Payment for costs incurred in storage of materials or equipment away from the
Project site will NOT be made by Owner unless:
(1) the Owner has given prior approval of such off-site storage in writing;
(2) the materials or equipment are stored in a bonded warehouse located in Denton County
and identified with the Project for which they are stored, as evidenced by warehouse
receipts and appropriate documents of title; and
(3) the materials or equipment stored off-site will be incorporated into the Work within
thirty (30) days after delivery. STORAGE IN FACILITIES OF THE
MANUFACTURER OR THE CONTRACTOR WILL NOT BE PERMITTED OR
PAID FOR, UNLESS THE OWNER HAS EXPRESSLY GIVEN PRIOR
APPROVAL OF SUCH STORAGE IN WRITING.
(d) The Contractor warrants that title to all Work covered by an Application for Payment will
pass to the Owner no later than the time of payment. The Contractor further warrants that
upon submittal of an Application for Payment all Work for which Certificates for Payment
have been previously issued and payments received from the Owner shall be free and clear
of liens, claims, security interests or encumbrances in favor of the Contractor,
Subcontractors, material suppliers, or other persons or entities making a claim by reason
of having provided labor, materials, and equipment relating to the Work.
(e) All materials or equipment delivered to the Project site earlier than thirty (30) days prior to
an approved schedule for delivery to the Project site shall be classified as an "early
delivery." All early delivery materials or equipment must have the express written
permission of the Owner to be stored on the Project site. If any unauthorized early delivery
occurs, Contractor shall, at Contractor's expense or at the expense of the responsible
Subcontractor or Supplier, cause such early delivery to be removed from the Project site
and stored off-site until required at the Project site. All costs of labor, transportation and
storage will be included as part of the expense. If the Contractor fails or refuses to remove
unauthorized early delivery materials, the Owner may cause such materials to be removed
at the Contractor's sole expense, and amounts may be withheld from the Contractor's
Application for Payment to reimburse the Owner for any costs incurred in removing
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unauthorized early delivery materials. OWNER WILL NOT BE RESPONSIBLE FOR
THE PROTECTION OF OR RISK OF LOSS ON ANY EARLY DELIVERY
MATERIALS OR EQUIPMENT, NOR WILL OWNER BE LIABLE FOR ANY
PAYMENT FOR THE EARLY DELIVERY MATERIALS OR EQUIPMENT. Any
materials or equipment classified as early delivery will not be approved for payment as
stored materials prior to thirty (30) days before the incorporation of the materials or
equipment into the Work, unless storage and payment at an earlier date is expressly
approved in writing by the Owner.
(f) If the Contract Sum is equal to or less than $25,000.00 and performance and payment bonds
are not furnished by the Contractor, no payment applied for will be payable under the
Contract until the Work has been Finally Completed and accepted.
9.4 CERTIFICATES FOR PAYMENT
(a) The Architect/Engineer will, within ten (10) days after receipt of the Contractor's
Application for Payment, either issue to the Owner a Certificate for Payment, with a copy
to the Contractor, for such amount as the Architect/Engineer determines is properly due,
or notify the Contractor and Owner in writing of the Architect/Engineer's reasons for
withholding certification in whole or in part as provided in
(a) City of Denton General Conditions for Construction.
(b) Subparagraph 9.5(a). The Certificate for Payment shall be issued on the current version of
AIA Form G702 (Application and Certificate for Payment) as approved by the Owner.
(c) The issuance of a Certificate for Payment will constitute a representation by the
Architect/Engineer to the Owner, based on the Architect/Engineer's observations at the site
and the data comprising the Application for Payment, that the Work has progressed to the
point indicated and that, to the best of the Architect/Engineer's knowledge, information
and belief, quality of the Work is in accordance with the Contract Documents. The
foregoing representations are subject to an evaluation of the Work for conformance with
the Contract Documents upon Substantial and Final Completion, to results of subsequent
tests and inspections, to minor deviations from the Contract Documents correctable prior
to Final Completion and to specific qualifications expressed by the Architect/Engineer.
The issuance of a Certificate for Payment will further constitute a representation that the
Contractor is entitled to payment in the amount certified, subject to the Owner's approval.
The issuance of a Certificate for Payment is not a representation that the Architect/Engineer
has:
(1) made exhaustive or continuous on-site inspections to check the quality or quantity of
the Work;
(2) reviewed construction means, methods, techniques, sequences or procedures;
(3) reviewed copies of requisitions received from Subcontractors and material suppliers
and other data requested by the Owner to substantiate the Contractor's right to payment;
or
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(4) made examination to ascertain how or for what purpose the Contractor has used money
previously paid on account of the Contract Sum.
(d) Whenever the Application for Payment for Work done since the last previous Application
for Payment exceeds one hundred dollars ($100.00) in amount, Owner will pay a
percentage of the Application, less applicable retainage, to the Contractor within thirty (30)
days following Owner's receipt and approval of the Certificate for Payment certified by
the Architect/Engineer. The Application may include acceptable nonperishable materials
delivered to the Work or stored as provided for in Paragraph 9.3(c) and the payment will
be allowed on the net invoice value, less taxes and applicable retainage.
(e) The City is required to withhold retainage for public works contracts in which the total
contract price estimate at the time of execution is more than $400,000; however, this
requirement is applied by the City for all public works contracts in excess of $50,000. The
City may require varying percentage withholding amounts; however, the City requires five
percent. The retainage will be withheld by the Owner from each progress payment until
final completion of the Work by the Contractor, approval of final completion by the
Architect/Engineer, and final acceptance of the Work by the Owner. Unless otherwise
required by state law, the retainage percentage as specified above is based upon the original
Contract Sum, and will not be affected in the event the original Contract Sum is
subsequently increased or decreased by Change Order.
(f) No progress payments shall be made on contracts where performance and payment bonds
are not required or furnished. In such instances, payment for the Work performed will be
made upon final completion and acceptance by the Owner of all Work.
9.5 DECISIONS TO WITHHOLD CERTIFICATION
(a) The Architect/Engineer or the Owner may decide not to certify payment and may withhold
a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect
the Owner's interest, if in the Architect/Engineer's or Owner's opinion the representations
to the Owner required by Subparagraph 9.4(b) cannot be made. If the Architect/Engineer
or the Owner is unable to certify payment in the amount of the Application, the
Architect/Engineer or the Owner will notify the Contractor as provided in Subparagraph
9.4(a). If the Contractor and Architect/Engineer or the Owner cannot agree on a revised
amount, the Architect/Engineer will promptly issue a Certificate for Payment for the
amount for which the Architect/Engineer is able to make the required representations to
the Owner. The Architect/Engineer or the Owner may also decide not to certify payment
or, because of subsequently discovered evidence or subsequent observations, may nullify
the whole or a part of a Certificate for Payment previously issued to such extent as may be
necessary, in the Architect/Engineer's or Owner's opinion, to protect the Owner from loss
because of -
(1)
£
(1) defective or nonconforming Work not remedied;
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(2) third party claims filed or reasonable evidence indicating probable filing of such
claims;
(3) failure of the Contractor to make payments properly to Subcontractors or for labor,
materials, or equipment;
(4) reasonable evidence that the Work cannot be completed for the unpaid balance of the
Contract Sum;
(5) damage to the Owner or another contractor;
(6) reasonable evidence that the Work will not be completed within the Contract Time, and
that the unpaid balance would not be adequate to cover actual damages for the
anticipated delay;
(7) persistent failure to carry out the Work in accordance with the Contract Documents; or
(8) mathematical or other errors that are discovered in the Application for Payment.
(b) When each of the above reasons that existed for withholding certification are removed or
remedied, certification will be made for amounts previously withheld.
(c) The Owner may, at its option, offset any progress payment or final payment under the
Contract Documents against any debt (including taxes) lawfully due to the Owner from the
Contractor, regardless of whether the amount due arises pursuant to the terms of the
Contract Documents or otherwise and regardless of whether or not the debt due to the
Owner has been reduced to judgment by a court.
9.6 PROGRESS PAYMENTS
(a) After the Architect/Engineer has issued a Certificate for Payment, the Owner shall make
payment in the manner and within the time provided in the Contract Documents, and shall
so notify the Architect/Engineer. The Owner shall not be liable for interest on any late or
delayed progress payment or final payment caused by any claim or dispute, any
discrepancy in quantities, any failure to provide supporting documentation or other
information required with the Application for Payment or as a precondition to payment
under the Contract Documents, or due to any payment the Owner or the Architect/Engineer
has a right to withhold or not certify under the Contract Documents. Notwithstanding the
foregoing, the Owner may refuse to make payment on any Certificate for Payment
(including, without limitation, the final Certificate for Payment) for any default under the
Contract Documents, including but not limited to those defaults set forth in Subparagraph
9.5(a), Clauses (1) through (7). The Owner shall not be deemed in default by reason of
withholding payment while any Contractor default remains uncured.
(b) The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the
Owner, out of the amount paid to the Contractor on account of each Subcontractor's portion
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of the Work, the amount to which said Subcontractor is entitled, reflecting percentages
actually retained from payments to the Contractor on account of such Subcontractors
portion of the Work. The Contractor shall, by appropriate agreement with each
Subcontractor, require each Subcontractor to make payments to Sub -subcontractors in
similar manner.
(c) The Architect/Engineer will, on request, furnish to a Subcontractor, if practicable,
information regarding percentages of completion or amounts applied for by the Contractor
and action taken thereon by the Architect/Engineer and the Owner on account of portions
of the Work done by such Subcontractor.
(d) Neither the Owner nor the Architect/Engineer shall have an obligation to pay or to see to
the payment of money to a Subcontractor except as may otherwise be required by law. That
obligation belongs to the Contractor or, in the event of the Contractor's failure to pay a
Subcontractor, to the Surety on the Payment Bond as required under Paragraph 11.3.
(e) Payment to material suppliers shall be treated in a manner similar to that provided in
Subparagraphs 9.6(b), (c), and (d).
(f) A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the
Project by the Owner shall not constitute acceptance of Work not performed in accordance
with the Contract Documents.
9.7 SUBSTANTIAL COMPLETION
(a) The Date of Substantial Completion of the Work, or designated portion of the Work, is the date
certified by the Architect/Engineer when construction is sufficiently completed in accordance with
the City Of Denton General Conditions For Construction.
(a) the Contract Documents such that the Owner may beneficially occupy and use the Work,
or designated portions of the Work, for the purposes for which it is intended and only trivial
and insignificant items remain which do not affect the Work as a whole.
(b) When the Contractor considers that the Work, or the portion of the Work which the Owner
agrees to accept separately, is Substantially Complete, the Contractor shall prepare and
submit to the Architect/Engineer a comprehensive list of remaining items to be completed
or corrected. The Contractor shall proceed promptly to complete and correct items on the
list (hereinafter called the "punch list"). Failure to include an item on the punch list does
not alter the responsibility of the Contractor to complete all Work in accordance with the
Contract Documents. Upon receipt of the punch list, the Architect/Engineer will make an
inspection to determine whether the Work, or designated portion of the Work, is
Substantially Complete. If the Architect/Engineer's inspection discloses any item, whether
or not included on the punch list, which is not in accordance with the requirements of the
Contract Documents and which renders the Work inspected not Substantially Complete the
Contractor shall, before issuance of the Certificate of Substantial Completion, complete or
correct the item upon notification by the Architect/Engineer. The Contractor shall then
submit a request for another inspection by the Architect/Engineer to determine Substantial
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Completion. When the Work or designated portion of the Work is Substantially Complete,
the Architect/Engineer will prepare a Certificate of Substantial Completion which shall
establish the date of Substantial Completion, shall establish responsibilities of the Owner
and the Contractor for security, maintenance, heat, utilities, damage to the Work and
insurance, and shall fix the time within which the Contractor shall finish all items on the
punch list accompanying the Certificate.
(c) The Certificate of Substantial Completion shall be submitted to the Owner and the
Contractor for their written acceptance of responsibilities assigned to them in the
Certificate.
(d) Upon Substantial Completion of the Work or designated portion thereof and upon
application by the Contractor and certification by the Architect/Engineer, the Owner shall
make payment, reflecting adjustment in retainage, if any, for the Work, or portion of the
Work, as provided in the Contract Documents.
9.8 PARTIAL OCCUPANCY OR USE
(a) The Owner may occupy or use any completed or partially completed portion of the Work
at any stage when such portion is designated by separate Supplemental Agreement with
the Contractor, provided such occupancy or use is consented to by the insurer as required
under Subparagraph 11.2(e) and authorized by public authorities having jurisdiction over
the Work. Such partial occupancy or use may commence whether or not the portion is
Substantially Complete, provided the Owner and Contractor have accepted in writing the
responsibilities assigned to each of them for payments, retainage if any, security,
maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing
concerning the period for correction of the Work and commencement of warranties
required by the Contract Documents. When the Contractor considers a portion
Substantially Complete, the Contractor shall prepare and submit a list to the
Architect/Engineer as provided under Subparagraph 9.7(b). Consent of the Contractor to
partial occupancy or use shall not be unreasonably withheld. The stage of the
(a) progress of the Work shall be determined by written agreement between the Owner and
Contractor or, if no agreement is reached, by decision of the Architect/Engineer.
(b) Immediately prior to such partial occupancy or use, the Owner, Contractor, and
Architect/Engineer shall jointly inspect the area to be occupied or portion of the Work to
be used in order to determine and record the condition of the Work.
(c) Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work
shall not constitute acceptance of Work not complying with the requirements of the
Contract Documents.
9.9 FINAL COMPLETION AND FINAL PAYMENT
(a) Upon receipt of written notice that the Work is ready for final inspection and acceptance
and upon receipt of a final Application for Payment, the Architect/Engineer, accompanied
by the Owner's representative, will promptly make final inspection and, when the
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Architect/Engineer finds the Work acceptable under the Contract Documents and the
Contract Documents fully performed, the Architect/Engineer will promptly issue a final
Certificate for Payment stating that to the best of the Architect/Engineer's knowledge,
information and belief, and on the basis of the Architect/Engineer's observations and
inspections, the Work has been completed in accordance with terms and conditions of the
Contract Documents and that the entire balance found to be due the Contractor and noted
in said final Certificate is due and payable. The Architect/Engineer's final Certificate for
Payment will constitute a further representation that conditions listed in Subparagraph
9.9(b) as a condition precedent to the Contractor's being entitled to final payment have
been fulfilled. Owner will normally make final payment within thirty (30) days after
Owner's receipt and approval of the final Certificate for Payment. Warranties required by
the Contract Documents shall commence on the date of Substantial Completion of the
Work, unless otherwise provided by separate agreement between the Owner and the
Contractor.
(b) Neither final payment nor any remaining retained percentage shall become due until the
Contractor submits to the Architect/Engineer:
(1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness
connected with the Work for which the Owner or the Owner's property might be
responsible or encumbered (less amounts withheld by Owner) have been paid or
otherwise satisfied;
(2) a certificate evidencing that insurance required by the Contract Documents to remain
in force after final payment is currently in effect and will not be cancelled or allowed
to expire until at least thirty (30) days prior written notice has been given to the Owner;
(3) a written statement that the Contractor knows of no substantial reason that the insurance
will not be renewable to cover the period required by the Contract Documents;
(4) a consent of surety to final payment; and
(5) if required by the Owner, other data establishing payment or satisfaction of obligations,
such as receipts, releases and waivers of liens, claims, security interests or
encumbrances arising out of the Contract, to the extent and in such form as may be
designated by the Owner.
(c) As a precondition to final payment by the Owner under this Contract, the Contractor's
affidavit under Clause (b)(1) shall state that the Contractor has paid each of his
subcontractors, laborers or materialmen in full for all labor and materials provided to him
for the Work under this Contract. In the event the Contractor has not paid each of his
subcontractors, laborers or materialmen in full, the Contractor shall state in the affidavit
the amount owed and the name of each subcontractor, laborer or materialmen to whom
such payment is owed. IN ANY EVENT, THE CONTRACTOR SHALL BE REQUIRED
TO EXECUTE THE OWNER'S STANDARD AFFIDAVIT OF FINAL PAYMENT AND
RELEASE AS A PRECONDITION TO RECEIPT OF FINAL PAYMENT.
(d) If, after Substantial Completion of the Work, final completion of the Work is materially
delayed through no fault of the Contractor or by issuance of Change Orders affecting final
completion and the Architect/Engineer confirms the delay, the Owner shall, upon
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application by the Contractor and certification by the Architect/Engineer, and without
terminating the Contract, make payment of the balance due for that portion of the Work
fully completed and accepted. If the remaining balance for Work not fully completed or
corrected is less than retainage stipulated in the Contract Documents, and if bonds have
been furnished, the written consent of surety to payment of the balance due for that portion
of the Work fully completed and accepted shall be submitted by the Contractor to the
Architect/Engineer prior to certification of payment. Payment shall be made under terms
and conditions governing final payment, except that it shall not constitute a waiver of
claims.
(e) The acceptance by the Contractor of the final payment shall operate as and shall be a
complete release of the Owner from all claims or liabilities under the Contract, for anything
done or furnished or relating to the Work or the Project, or for any act or neglect of the
Owner relating to or connected with the Work or the Project.
ARTICLE 10 SAFETY, SECURITY AND UTILITY PROVISIONS; ENVIRONMENTAL
COMPLIANCE
10.1 SAFETY PRECAUTIONS AND PROGRAMS
The Contractor shall be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the performance of the Contract, and will
comply with all applicable City, County, State and Federal health and safety regulations.
10.2 SAFETY OF PERSONS AND PROPERTY
(a) The Contractor shall take reasonable precautions for safety of, and shall provide reasonable
protection to prevent damage, injury or loss to:
(1) employees on the Work and other persons who may be affected thereby;
(2) the Work and materials and equipment to be incorporated therein, whether in storage
on or off the site, under care, custody or control of the Contractor or the Contractor's
Subcontractors or Sub -subcontractors; and
(3) other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks,
pavements, roadways, structures and utilities not designated for removal, relocation or
replacement in the course of construction.
(b) The Contractor shall give notices and comply with applicable laws, ordinances, rules,
regulations and lawful orders of public authorities bearing on safety of persons or property
or their protection from damage, injury or loss.
(c) The Contractor shall erect and maintain, as required by existing conditions and
performance of the Contract, reasonable safeguards for safety and protection, including
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posting danger signs and other warnings against hazards, promulgating safety regulations
and notifying owners and users of adjacent sites and utilities.
(d) When use or storage of explosives or other hazardous materials or equipment or unusual
methods are necessary for execution of the Work, the Contractor shall exercise utmost care
and carry on such activities under supervision of properly qualified personnel.
(e) USE OF EXPLOSIVES - CLAIMS AND TOTAL INDEMNIFICATION. The Owner
shall have the right to pre -approve the use of any explosives on the Project; the Contractor
shall not assume in its bid that permission to use explosives will be granted. The Owner
shall NOT be liable for any claim for additional time or compensation as a result of the
Owner's denial of permission to use explosives. Where use of explosives is permitted by
the Owner, the Contractor EXPRESSLY AGREES TO BE SOLELY RESPONSIBLE for
the determination as to whether explosives shall actually be used, and for any result from
the use, handling or storage of explosives, and shall INDEMNIFY, DEFEND AND HOLD
COMPLETELY HARMLESS the Owner, its officers, agents and employees, and the
Architect/Engineer against any and all claims, lawsuits, judgments, costs or expenses for
personal injury (including death), property damage or other harm for which recovery of
damages is sought, suffered by any person or persons, as the result of the use, handling or
storage of the explosives by the Contractor or any Subcontractor, REGARDLESS OF
WHETHER SAID USE, HANDLING OR STORAGE WAS NEGLIGENT OR NOT,
AND REGARDLESS OF WHETHER THE DAMAGE OR INJURY WAS
CONTRIBUTED TO IN ANY WAY BY THE NEGLIGENCE OR FAULT OF THE
OWNER, ITS OFFICERS, AGENTS, EMPLOYEES, OR REPRESENTATIVES, OR
THE ARCHITECT/ENGINEER AND ITS OFFICERS, AGENTS, EMPLOYEES, OR
REPRESENTATIVES. In the event of conflict with any other indemnity paragraph in this
Contract, this paragraph controls. This indemnity paragraph is intended solely for the
benefit of the parties to this Contract and is not intended to create or grant any rights,
contractual or otherwise, to or for any other person or entity. The Contractor shall furnish
the Owner and the Architect/Engineer with evidence of insurance sufficient to cover
possible damage or injury, which insurance shall either include the Owner and the
Architect/Engineer as additional insureds or be sufficiently broad in coverage as to fully
protect the Owner and the Architect/Engineer. All explosives shall be stored in a safe and
secure manner, under the care of a competent watchman at all times, and all storage places
shall be marked clearly "DANGEROUS -EXPLOSIVES." The method of storing and
handling explosives and highly flammable materials shall conform to Federal and State
laws, City of Denton ordinances, and the City of Denton Fire Department regulations. The
Contractor shall notify any telecommunications and public utility company and any private
property owners having structures in the proximity of the Project Site of the Contractor's
intention to use explosives, and such notice shall be given sufficiently in advance to enable
the telecommunications and public utility companies and private property owners to take
such steps as they may deem necessary to protect their property from injury. The notice
shall not relieve the Contractor of any responsibility for damage resulting from any blasting
operations.
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(f) The Contractor shall promptly remedy damage and loss (other than damage or loss insured
under property insurance required by the Contract Documents) to property referred to in
Clauses 10.2(a)(2) and 10.2(a)(3) caused in whole or in part by the Contractor, a
Subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for
whose acts they may be liable and for which the Contractor is responsible under Clauses
10.2(a)(2) and 10.2(a)(3), except damage or loss attributable to acts or omissions of the
Owner or Architect/Engineer or anyone directly or indirectly employed by either of them,
or by anyone for whose acts either of them may be liable, and not attributable to the fault
or negligence of the Contractor or any of its Subcontractors. The foregoing obligations of
the Contractor are in addition to the Contractor's obligations under Paragraph 3.19. To the
extent that any such damage or loss may be covered by property insurance or other
insurance required by the Contract Documents, the Owner and the Contractor shall exercise
their best efforts to make a claim and obtain recovery from the insurers to provide for the
cost, in whole or in part, of the repair work or to provide for reimbursement for such
damage or loss.
(g) The Contractor shall designate a responsible member of the Contractor's organization at
the site whose duty shall be the prevention of accidents. This person shall be the
Contractor's superintendent unless otherwise designated by the Contractor in writing to the
Owner and Architect/Engineer.
(h) The Contractor shall not load or permit any part of the Work or the Project site to be loaded
so as to endanger its safety.
10.3 EMERGENCIES
In an emergency affecting safety, health, or security of persons or property, the Contractor
shall act, at the Contractor's discretion, to prevent threatened damage, injury, or loss.
Additional compensation or extension of time claimed by the Contractor on account of an
emergency shall be determined as provided in Paragraph 4.3 and Article 7.
10.4 PUBLIC CONVENIENCE AND SAFETY
(a) The Contractor shall place materials stored about the Work and shall conduct the Work
at all times in a manner that causes no greater obstruction to the public than is considered
necessary by the Owner. Sidewalks or streets shall not be obstructed, except by special
permission of the Owner. The materials excavated and the construction materials or plant
used in the performance of the Work shall be placed in a manner that does not endanger
the Work or prevent free access to all fire hydrants, water mains and appurtenances, water
valves, gas valves, manholes for the telephone, telegraph signal or electric conduits,
wastewater mains and appurtenances, and fire alarm or police call boxes in the vicinity.
(b) The Owner reserves the right to remedy any neglect on the part of the Contractor in regard
to public convenience and safety which may come to the Owner's attention, after twenty-
four (24) hours notice in writing to the Contractor. In case of an emergency, the Owner
shall have the right to immediately remedy any neglect without notice. In either case, the
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cost of any work done by the Owner to remedy the Contractor's neglect shall be deducted
from the Contract Sum. The Contractor shall notify the City Traffic Control Department
when any street is to be closed or obstructed. The notice shall, in the case of major
thoroughfares or street upon which transit lines operate, be forty-eight (48) hours in
advance. The Owner reserves the right to postpone or prohibit any closure or obstruction
of any streets or thoroughfares to the extent necessary for the safety and benefit of the
traveling public. The Contractor shall, when directed by the Architect/Engineer or the
Owner, keep any street or streets in condition for unobstructed use by City departments.
When the Contractor is required to construct temporary bridges or make other
arrangements for crossing over ditches or around structures, the Contractor's
responsibility for accidents shall include the roadway approaches as well as the crossing
structures.
10.5 BARRICADES, LIGHTS AND WATCHMEN
If the Work is carried on or adjacent to any street, alley or public place, the Contractor shall,
at the Contractor's own cost and expense, furnish, erect and maintain sufficient barricades,
fences, lights and danger signals, shall provide sufficient watchmen, and shall take such other
precautionary measures as are necessary for the protection of persons or property and of the
Work. All barricades shall be painted in a color that will be visible at night, shall indicate in
bold letters thereon the Contractor's name and shall be illuminated by lights from sunset to
sunrise. The term "lights," as used in this Paragraph, shall mean flares, flashers, or other
illuminated devices. A sufficient number of barricades with adequate markings and
directional devices shall also be erected to keep vehicles from being driven on or into any
Work under construction. The Contractor will be held responsible for all damage to the Work
due to failure of barricades, signs, lights and watchmen to protect the Work. Whenever
evidence is found of such damage, the Architect/Engineer may order the damaged portion
immediately removed and replaced by the Contractor at Contractor's cost and expense. The
Contractor's responsibility for maintenance of barricades, signs, and lights, and for providing
watchmen, shall not cease until the Project has been finally accepted by the Owner.
10.6 PUBLIC UTILITIES AND OTHER PROPERTIES TO BE CHANGED
In case it is necessary to change or move the property of the Owner or of any
telecommunications or public utility, such property shall not be removed or interfered with
until ordered to do so by the Architect/Engineer. The right is reserved to the owner of any
public or private utilities to enter upon the Project site for the purpose of making such
changes or repairs of their property that may become necessary during the performance of
the Work. The Owner reserves the right of entry upon the Project site for any purpose,
including repairing or relaying sewer and water lines and appurtenances, repairing structures,
and for making other repairs, changes, or extensions to any of the Owner's property. The
Owner's actions shall conform to the Contractor's current and approved schedule for the
performance of the Work, provided that proper notification of schedule requirements has
been given to the Owner by the Contractor.
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10.7 TEMPORARY STORM SEWER AND DRAIN CONNECTIONS
When existing storm sewers or drains have to be taken up or removed, the Contractor shall
at his own expense provide and maintain temporary outlets and connections for all public
and private storm sewers and drains. The Contractor shall also take care of all storm sewage
and drainage which will be received from these storm drains and sewers; for this purpose,
the Contractor shall provide and maintain, at the Contractor's own expense, adequate
pumping facilities and temporary outlets or diversions. The Contractor shall, at the
Contractor's own expense, construct such troughs, pipes, or other structures necessary and
shall be prepared at all times to dispose of storm drainage and sewage received from these
temporary connections until such time as the permanent connections are built and in service.
The existing storm sewers and connections shall be kept in service and maintained under the
Contract, except where specified or ordered to be abandoned by the Architect/Engineer. All
storm water and sewage shall be disposed of in a satisfactory manner so that no nuisance is
created and that the Work under construction will be adequately protected.
10.8 ARRANGEMENT AND CHARGE FOR WATER FURNISHED BY THE OWNER;
ELECTRICITY FOR THE PROJECT
(a) When the Contractor desires to use the Owner's water in connection with the Work, the
Contractor shall make complete and satisfactory arrangements with the Denton Water
Utilities Department and shall be responsible for the cost of the water the Contractor uses.
Where meters are used, the charge will be at the regular established rate; where no meters
are used, the charge will be as prescribed by City ordinance, or where no ordinance applies,
payment shall be based on estimates made by the Denton Water Utilities Department.
(b) The Contractor shall make complete and satisfactory arrangements for electricity and
metered electrical connections with the Owner or with Denton Municipal Electric in the
event that separately metered electrical connections are required for the Project. The
Contractor shall pay for all electricity used in the performance of the Work through separate
metered electrical connections obtained by the Contractor through the City of Denton.
10.9 USE OF FIRE HYDRANTS
The Contractor, Subcontractors, and any other person working on the Project shall not open,
turn off, interfere with, attach any pipe or hose to, or connect anything with any fire hydrant,
stop valve, or stop cock, or tap any water main belonging to the Owner, unless duly
authorized to do so by the Denton Water Utilities Department in accordance with the Denton
City Code.
10.10 ENVIRONMENTAL COMPLIANCE
(a) The Contractor and its Subcontractors are deemed to have made themselves familiar
with and at all times shall comply with all applicable federal, state or local laws, rules,
regulations, ordinances, and rules of common law now in effect (including any
amendments now in effect), relating to the environment, Hazardous Substances or
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exposure to Hazardous Substances, including but not limited to the Comprehensive
Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C.A. §§
9601, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C.A. §§ 1801, et
seq.; the Resource Conservation and Recovery Act of 1976, 42 U.S.C.A. §§ 6901, et
seq.; the Federal Water Pollution Control Act, 33 U.S.C.A §§ 1201, et seq.; the Toxic
Substances Control Act, 15 U.S.C.A. §§ 2601, et seq.; the Clean Air Act, 42 U.S.C.A.
§§ 7401, et seq.; the Safe Drinking Water Act, 42 U.S.C.A. §§ 3808, et seq., and any
current judicial or administrative interpretation of these laws, rules, regulations,
ordinances, or rules of common law, including but not limited to any judicial or
administrative order, consent decree, or judgment affecting the Project.
(b) In the event the Contractor encounters on the site materials reasonably believed to be a
Hazardous Substance that have not been rendered harmless, and removal of such
materials is not a part of the scope of Work required under the Contract Documents,
the Contractor shall immediately stop Work in the affected area and report in writing
the facts of such encounter to the Architect/Engineer and the Owner. Work in the
affected area shall not thereafter be resumed except by written order of the Owner
unless and until the material is determined not to be a Hazardous Substance or the
Hazardous Substance is remediated. The Owner may choose to remediate the
Hazardous Substance with a separate contractor or through a Change Order with the
Contractor. If the Owner determines that the Hazardous Substance exists in the affected
area due to the fault or negligence of the Contractor or any of its Subcontractors, the
Contractor shall be responsible for remediating the condition at the sole expense of the
Contractor in accordance with the Contractor's APPROVED Spill Remediation Plan.
An extension of the Contract Time for any delay in the progress schedule caused as a
result of the discovery and remediation of a Hazardous Substance may be granted by
the Owner only if all remaining Work on the Project must be suspended and the delay
cannot be made up elsewhere in the progress schedule. Any request for an extension of
the Contract Time related to the discovery and remediation of a Hazardous Substance
is subject to the provisions of Paragraph 4.3 and Article 8.
(c) The Contractor shall be responsible for identification, abatement, cleanup, control,
removal, remediation, and disposal of any Hazardous Substance brought into or upon
the site by the Contractor or any Subcontractor or Supplier. The Contractor shall obtain
any and all permits necessary for the legal and proper handling, transportation, and
disposal of the Hazardous Substance and shall, prior to undertaking any abatement,
cleanup, control, removal, remediation, and disposal, notify the Owner and the
Architect/Engineer so that they may observe the activities; provided, however, that it
shall be the Contractor's sole responsibility to comply with all applicable laws, rules,
regulations, or ordinances governing the activities.
(d) Spill Prevention Plan. At least seventy-two (72) hours prior to commencing
performance of any of the Work at the Project site, the Contractor shall submit to the
Owner for review and approval a Spill Prevention and Response Plan (SPRP) meeting
the requirements of federal and state law, rules, and regulations. The SPRP shall be
specially designed for the Contractor's planned work methods and procedures. The
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SPRP shall be designed to complement all applicable safety standards, fire prevention
regulations, and pollution prevention policies and procedures. The SPRP shall include
estimates of the quantity and rate of flow should equipment fail, and detail containment
or diversionary structures to prevent spills from leaving the site or migrating into
adjacent properties or navigable waters. The SPRP shall include methods of recovery
of spilled materials and all applicable twenty-four (24) hour emergency phone
numbers, including without limitation that of the Owner's Project Manager or other
designated representative. The Contractor shall not commence any field work prior to
approval of such plan by the Owner. The following additional rules shall apply with
respect to spills caused by the Contractor or a Subcontractor:
(1) The Contractor shall immediately report any spill or release at the Project site,
whether or not it is associated with this Contract, to the Owner's Project Manager
or other designated representative. Thereafter, within two (2) working days after
the occurrence of such event, the Contractor shall submit a written report describing
such event in a degree of detail reasonably acceptable to the Owner.
(2) The Contractor shall immediately respond in accordance with the SPRP in the event
of a spill.
(3) The Contractor shall dispose of spilled materials in accordance with EPA and Texas
Commission on Environmental Quality (TCEQ) regulations and any other
applicable federal, state, or local laws, rules, or regulations. In connection with such
disposals, the Contractor shall use only those transporters and disposal facilities
that are approved in advance in writing by the Owner. A copy of all transport
manifests for the spilled materials shall be obtained and retained in the Contractor's
records for reference purposes, to be provided upon request of the
Architect/Engineer, the Owner, or any governmental regulatory agency with
jurisdiction over the matter. ALL COSTS OF COLLECTION, CONTAINMENT,
AND DISPOSAL OF SPILLED MATERIALS SHALL BE THE SOLE
RESPONSIBILITY OF THE CONTRACTOR.
(4) For purposes of this Subparagraph (e), the term "spill" includes any kind of
environmental discharge or release.
(e) Clean Air Management Plan. The Contractor shall comply with the Clean Air
Management Plan submitted to and approved by the Owner during the contractor
selection process. The Owner reserves the right, at the Contractor's sole expense, to
require the removal or retrofitting of any equipment used in the course of construction
that does not comply with the Plan submitted to and approved by the Owner.
(f) The Contractor shall deposit surplus or waste excavation or other materials removed as
part of the Work at a legal disposal site in accordance with all applicable state, federal,
and local laws, rules, regulations, and ordinances. The Contractor shall submit to the
Owner for review and approval all planned disposal sites or proposed uses for the
surplus or waste excavation or other materials prior to removal of any excavation or
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other material from the Project site. A copy of all transport manifests for surplus or
waste excavation or other materials shall be obtained and retained in the Contractor's
records for reference purposes, to be provided upon request to the Architect/Engineer,
the Owner, or any governmental regulatory agency with jurisdiction over the matter.
(g) The Contractor is responsible for obtaining all TXPDES Storm Water Permits from
TCEQ for construction of the Project under regulations contained in 40 CFR Part 122,
as amended, pursuant to the Clean Water Act, 33 U.S.C.A. §§1251 et seq. These
regulations require the filing of a notice of intent to obtain and abide by the general
storm water permit for construction activities promulgated by EPA, including but not
limited to cleaning, grading, and excavation that disturb the applicable amount of total
land area. In addition, the Contractor shall comply with all regulations of the Owner
relating to storm water and storm water runoff management at the Project site pursuant
to Chapter 19, Article IX, Denton City Code, as amended.
(h) The Contractor shall not install any materials in the performance of the Work that
contain asbestos or asbestos-related material such as hydrated mineral silicate,
including chrysolite, amosite, crocidolite, tremolite, anthophylite or actinolite, whether
friable or non -friable.
(i) The Owner reserves the right in its sole option to exercise the following remedies
(without waiving the right to pursue the imposition of any civil or criminal fines or
penalties that may be imposed under state, federal, or local laws or ordinances), at no
additional cost to the Owner and without an extension of the Contract Time, in the
event the Contractor fails or refuses after seven (7) days advance written notice from
the Owner to comply with the provisions of this Paragraph 10.10, the terms of the
SPRP, the terms of the Clean Air Management Plan, any storm water permit or other
environmental permit issued in connection with the Work, or any applicable
environmental law, rule, regulation, or ordinance:
(1) suspend all or any portion of the Work until the noncompliance is corrected, or until
a detailed plan to achieve compliance within a reasonably prompt period of time is
prepared by the Contractor and approved by the Owner;
(2) if the Contractor fails to properly address the noncompliance within the time
stipulated by the Owner, perform the necessary remediation or correction work and
backcharge the Contractor for the cost of the remediation or correction; or
(3) terminate the Contract for cause as provided in Article 13.
ARTICLE 11 INSURANCE AND BONDS
11.1 CONTRACTOR'S INSURANCE
Contractors shall refer to the requirements listed within the solicitation document and
resulting contract for all City of Denton insurance requirements. Should a conflict arise
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between the solicitation document and the resulting contract, the requirements set forth in the
actual contract shall prevail.
11.2 PROPERTY INSURANCE
Contractors shall refer to the requirements listed within the solicitation document and
resulting contract for all City of Denton insurance requirements. Should a conflict arise
between the solicitation document and the resulting contract, the requirements set forth in the
actual contract shall prevail.
11.3 `UMBRELLA' LIABILITY INSURANCE
Contractors shall refer to the requirements listed within the solicitation document and
resulting contract for all City of Denton insurance requirements. Should a conflict arise
between the solicitation document and the resulting contract, the requirements set forth in the
actual contract shall prevail.
11.4 POLICY ENDORSEMENTS AND SPECIAL CONDITIONS
Contractors shall refer to the requirements listed within the solicitation document and
resulting contract for all City of Denton insurance requirements. Should a conflict arise
between the solicitation document and the resulting contract, the requirements set forth in the
actual contract shall prevail.
11.6 PERFORMANCE AND PAYMENT BONDS
(a) Subject to the provisions of Subparagraph 11.3(b), the Contractor shall, with the execution
and delivery of the Construction Services Agreement, furnish and file with the Owner in
the amounts required in this Paragraph, the surety bonds described in Clauses (a)(1) and
(a)(2) below, which surety bonds shall be in accordance with the Charter of the City of
Denton and the provisions of Chapter 2253, Texas Government Code, as amended; each
bond shall be signed by the Contractor, as Principal, and by an established bonding
company, as surety, meeting the requirements of Subparagraph 11.3(c) and approved by
the Owner. The surety bonds shall be accompanied by an appropriate Power -of -Attorney
clearly establishing the extent and limitations of the authority of each signer to so sign:
(1) Performance Bond. A good and sufficient bond in an amount equal to 100% of the
total Contract Sum, guaranteeing the full and faithful execution of the Work and
performance of the Contract in accordance with Plans, Specifications and all other
Contract Documents, including any Amendments thereof, for the protection of the
Owner. This bond shall also provide for the repair and maintenance of all defects due
to faulty materials and workmanship that appear within a period of two (2) year from
the date of final completion and acceptance of the improvements by the Owner or lesser
or longer periods as may be otherwise designated in the Contract Documents.
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(2) Payment Bond. A good and sufficient bond in an amount equal to 100% of the total
Contract Sum, guaranteeing the full and prompt payment of all claimants supplying
labor or materials in the prosecution of the Work provided for in the Contract
Documents and any Amendments thereto, and for the use and protection of each
claimant.
(b) If the Contract Sum, including Owner -accepted alternates and allowances, if any, is greater
than $100,000, Performance in 100% of the Contract Sum are mandatory and shall be
provided by the Contractor. If the Contract Sum is greater than $50,000 but less than or
equal to $100,000, only a Payment Bond in 100% of the Contract amount is mandatory;
provided, however, that the Contractor may elect to furnish a Performance Bond in the
same amount if the Contractor so chooses. If the Contract Sum is less than or equal to
$25,000, the Contractor may elect not to provide Performance and Payment Bonds;
provided that in such event, no money will be paid to the Contractor until final completion
and acceptance of all work by Owner. If the Contractor elects to provide Performance and
Payment Bonds 100% of the total Contract Sum, progress payments in accordance with
these General Conditions shall be disbursed.
(c) No surety will be accepted by the Owner who is now in default or delinquent on any bonds
or who is a parry to any litigation against the Owner. All bonds shall be made and executed
on the Owner's standard forms, shall be approved by the Owner, and shall be executed by
not less than one corporate surety that is authorized and admitted to do business in the State
of Texas, is licensed by the State of Texas to issue surety bonds, is listed in the most current
United States Department of the Treasury List of Acceptable Sureties, and is otherwise
acceptable to the Owner. Each bond shall be executed by the Contractor and the surety,
and shall specify that legal venue for enforcement of each bond shall lie exclusively in
Denton County, Texas. Each surety shall designate an agent resident in Denton County,
Texas to whom any requisite statutory notices may be delivered and on whom service of
process may be had in matters arising out of the suretyship.
(d) The person or persons, partnership, company, firm, Limited Liability Company,
association, corporation, or other business entity to whom the Contract is awarded shall,
within ten (10) days after such award, sign the required Contract with the Owner and
provide the necessary surety bonds and evidence of insurance as required under the
Contract Documents. No Contract shall be binding on the Owner until it has been approved
as to form by the City Attorney, executed for the Owner by the City Manager, the
performance and payment bonds and evidence of insurance have been furnished as required
by the Contract Documents, and the fully executed contract has been delivered to the
Contractor.
(e) The failure of the Contractor to execute the Contract or deliver the required statutory bonds
and evidence of insurance within ten (10) days after the Contract is awarded or as soon
thereafter as the Owner can assemble and deliver the Contract shall constitute a material
breach of the Contractor's bid proposal and the Owner may rescind the Contract award and
collect or retain the proceeds of the bid security. By reason of the uncertainty of the market
prices or materials and labor, and it being impracticable and difficult to determine
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accurately the amount of damages occurring to the Owner by reason of the Contractor's
failure to execute and furnish the statutory bonds and to sign the Contract within ten (10)
days, the filing of a bid proposal with the accompanying bid security will be considered as
an acceptance of this Subparagraph 11.3(e). In the event the Owner should re -advertise for
bids, the defaulting Contractor shall not be eligible to bid, and the lowest responsible bid
obtained in the re -advertisement shall be the bid referred to in this Paragraph.
ARTICLE 12 DEFECTIVE AND NONCONFORMING WORK
12.1 UNCOVERING OF WORK
(a) If a portion of the Work is covered contrary to the Architect/Engineer's request or to
requirements specifically expressed in the Contract Documents, the Work must, if
required in writing by the Architect/Engineer, be uncovered for the Architect/Engineer's
observation and be replaced at the Contractor's expense without change in the Contract
Time.
(b) If a portion of the Work has been covered which the Architect/Engineer has not
specifically requested to observe prior to it being covered, the Architect/Engineer may
request to see such Work and it shall be uncovered by the Contractor. If such Work is in
accordance with the Contract Documents, costs of uncovering and replacement shall, by
appropriate Change Order, be charged to the Owner. If any Work is not in accordance
with the Contract Documents, the Contractor shall pay the costs of uncovering, repair,
replacement unless the condition was caused by the Owner or a separate contractor in
which event the Owner shall be responsible for payment of such costs.
12.2 CORRECTION OF WORK
(a) The Contractor shall promptly correct Work rejected by the Architect/Engineer as failing
to conform to the requirements of the Contract Documents, whether observed before or
after Substantial Completion and whether or not fabricated, installed or completed. The
Contractor shall bear costs of correcting such rejected Work, including additional testing
and inspections and compensation for the Architect/Engineer's services and expenses
made necessary thereby.
(b) If any of the Work is found to be defective or nonconforming with the requirements of
the Contract Documents, the Contractor shall correct it promptly after receipt of written
notice from the Architect/Engineer or the Owner to do so unless the Owner has
previously given the Contractor a written acceptance or waiver of the defect or
nonconformity. The Contractor's obligation to correct defective or nonconforming Work
remains in effect for:
(1) two years after the date of Substantial Completion of the Work or designated portion
of the Work;
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(2) two years after the date for commencement of warranties established by agreement
in connection with partial occupancy under Subparagraph 9.8(a); or
(3) the stipulated duration of any applicable special warranty required by the Contract
Documents.
(c) The one-year period described in Clauses (b)(1) and (b)(2) shall be extended with respect
to portions of the Work performed, repaired, or corrected after Substantial Completion
by the period of time between Substantial Completion and the actual completion of the
Work.
(d) The obligations of the Contractor under this Paragraph 12.2 shall survive final acceptance
of the Work and termination of this Contract. The Owner shall give notice to the
Contractor promptly after discovery of a defective or nonconforming condition in the
Work. The one-year period stated in Clauses (b)(1) and (b)(2) does not limit the ability
of the Owner to require the Contractor to correct latent defects or nonconformities in the
Work, which defects or nonconformities could not have been discovered through
reasonable diligence by the Owner or the Architect/Engineer at the time the Work was
performed or at the time of inspection for certification of Substantial Completion or Final
Completion. The two year period also does not relieve the Contractor from liability for
any defects or deficiencies in the Work that may be discovered after the expiration of the
two year correction period.
(e) The Contractor shall remove from the Project site portions of the Work which are not in
accordance with the requirements of the Contract Documents and are neither corrected
by the Contractor nor accepted by the Owner.
(f) If the Contractor fails to correct defective or nonconforming Work within a reasonable
time after notice from the Owner or the Architect/Engineer, the Owner may correct it in
accordance with Paragraph 2.4. If the Contractor does not proceed with correction of
defective or nonconforming Work within a reasonable time fixed by written notice from
the Architect/Engineer, the Owner may remove or replace the defective or
nonconforming Work and store the salvageable materials or equipment at the
Contractor's expense. If the Contractor does not pay costs of removal and storage within
ten days after written notice, the Owner may, upon ten (10) additional days written notice,
sell the materials and equipment at auction or at private sale and shall account for the
proceeds after deducting costs and damages that should have been borne by the
Contractor, including compensation for the Architect/Engineer's services and expenses
made necessary as a result of the sale. If the proceeds of sale do not cover costs which
the Contractor should have borne, the Contract Sum shall be reduced by the deficiency.
If payments due to the Contractor then or thereafter are not sufficient to cover the
deficiency, the Contractor shall pay the difference to the Owner.
(g) The Contractor shall bear the cost of correcting destroyed or damaged construction of the
Owner or separate contractors, whether the construction is completed or partially
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completed, that is caused by the Contractor's correction or removal of Work which is not
in accordance with the requirements of the Contract Documents.
(h) Nothing contained in this Paragraph 12.2 shall be construed to establish a period of
limitation with respect to other obligations which the Contractor might have under the
Contract Documents. Establishment of the one-year time period as described in
Subparagraph 12.2(b) relates only to the specific obligation of the Contractor to correct
the Work, and has no relationship to the time within which the obligation to comply with
the Contract Documents may be sought to be enforced, nor to the time within which
proceedings may be commenced to establish the Contractor's liability with respect to the
Contractor's obligations other than specifically to correct the Work.
(i) Any Work repaired or replaced pursuant to this Article 12 shall be subject to the
provisions of Article 12 to the same extent as Work originally performed or installed.
12.3 ACCEPTANCE OF NONCONFORMING WORK
The Owner may, in the Owner's sole discretion, accept Work which is not in accordance with
the requirements of the Contract Documents instead of requiring its removal and correction,
in which case the Contract Sum will be reduced as appropriate and equitable. The adjustment
will be accomplished whether or not final payment has been made.
ARTICLE 13 COMPLETION OF THE CONTRACT; TERMINATION; TEMPORARY
SUSPENSION
13.1 FINAL COMPLETION OF CONTRACT
The Contract will be considered completed, except as provided in any warranty or
maintenance stipulations, bond, or by law, when all the Work has been finally completed, the
final inspection is made by the Architect/Engineer, and final acceptance and final payment is
made by the Owner.
13.2 WARRANTY FULFILLMENT
Prior to the expiration of the specified warranty period provided for in the Contract
Documents, the Architect/Engineer will make a detailed inspection of the Work and will
advise the Contractor and the Contractor's Surety of the items that require correction. The
Architect/Engineer will make a subsequent inspection and if the corrections have been
properly performed, the Architect/Engineer will issue a letter of release on the maintenance
stipulations to the Contractor and the Surety. If for any reason the Contractor has not made
the required corrections before the expiration of the warranty period, the warranty provisions
as provided for in the Contract Documents shall remain in effect until the corrections have
been properly performed and a letter of release issued.
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13.3 TERMINATION BY THE OWNER FOR CAUSE
(a) Notwithstanding any other provision of these General Conditions, the Work or any
portion of the Work may be terminated immediately by the Owner for any good cause
after giving seven (7) days advance written notice and opportunity to cure to the
Contractor, including but not limited to the following causes:
(1) Failure or refusal of the Contractor to start the Work within ten (10) days after the
date of written notice by the Owner to commence the Work.
(2) A reasonable belief that the progress of the Work being made by the Contractor is
insufficient to complete the Work within the specified time.
(3) Failure or refusal of the Contractor to provide sufficient and proper equipment or
construction forces to properly execute the Work in a timely manner.
(4) A reasonable belief that the Contractor has abandoned the Work.
(5) A reasonable belief that the Contractor has become insolvent, bankrupt, or otherwise
financially unable to carry on the Work.
(6) Failure or refusal on the part of the Contractor to observe any requirements of the
Contract Documents or to comply with any written orders given by the
Architect/Engineer or the Owner as provided for in the Contract Documents.
(7) Failure or refusal of the Contractor to promptly make good any defects in materials
or workmanship, or any defects of any nature, the correction of which has been
directed in writing by the Architect/Engineer.
(8) A reasonable belief by the Owner that collusion exists or has occurred for the
purpose of illegally procuring the Contract or a Subcontractor, or that a fraud is being
perpetrated on the Owner in connection with the construction of Work under the
Contract.
(9) Repeated and flagrant violation of safe working procedures.
(10) The filing by the Contractor of litigation against the Owner prior to completion of
the Work.
(b) When the Work or any portion of the Work is terminated for any of the causes itemized
above or for any other cause except termination for convenience pursuant to
Subparagraph 13.3(e), the Contractor shall, as of the date specified by the Owner,
discontinue the Work or portion of the Work as the Owner shall designate, whereupon
the surety shall, within fifteen (15) days after the written notice of termination for cause
has been served upon the Contractor and the surety or its authorized agents, assume the
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obligations of the Contractor for the Work or that portion of the Work which the Owner
has ordered the Contractor to discontinue and may:
(1) perform the Work with forces employed by the surety;
(2) with the written consent of the Owner, tender a replacement contractor to take over
and perform the Work, in which event the surety shall be responsible for and pay the
amount of any costs required to be incurred for the completion of the Work that are
in excess of the amount of funds remaining under the Contract as of the time of the
termination; or
(3) with the written consent of the Owner, tender and pay to the Owner in settlement the
amount of money necessary to finish the balance of uncompleted Work under the
Contract, correct existing defective or nonconforming Work, and compensate the
Owner for any other loss sustained as a result of Contractor's default.
In the event of termination for cause involving Clause (b)(1) or (b)(2), the Surety
shall assume the Contractor's place in all respects, and the amount of funds
remaining unpaid under the Contract shall be paid by the Owner for all Work
performed by the surety or the replacement contractor in accordance with the terms
of the Contract Documents, subject to any rights of the Owner to deduct any costs
or actual damages that the Owner may have incurred, including but not limited to
additional fees and expenses of the Architect/Engineer and attorneys fees, as a result
of such termination.
(c) The balance of the Contract Sum remaining at the time of the Contractor's default and
of the termination shall become due and payable to the surety as the Work progresses,
subject to all of the terms, covenants, and conditions of the Contract Documents. If the
surety does not, within the time specified in Subparagraph 13.3(b), exercise its
obligation to assume the obligations of the Contract, or that portion of the Contract
which the Owner has ordered the Contractor to discontinue, then the Owner shall have
the power to complete the Work by contract or otherwise, as it may deem necessary.
The Contractor agrees that the Owner shall have the right to take possession of or use
any or all of the materials, plant, tools, equipment, supplies, and property of every kind
provided by the Contractor for the purpose of the Work, and to procure other tools,
equipment, labor, and materials for the completion of the Work, and to charge to the
account of the Contractor the expenses of completion and labor, materials, tools,
equipment, and incidental expenses. The expenses incurred by the Owner to complete
the Work shall be deducted by the Owner out of the balance of the Contract Sum
remaining unpaid to or unearned by the Contractor. The Contractor and the surety shall
be liable to the Owner for any costs incurred in excess of the balance of the Contract
Sum for the completion and correction of the Work, and for any other costs, damages,
expenses (including but not limited to additional fees of the Architect/Engineer and
attorney's fees), and actual damages incurred as a result of the termination.
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(d) The Owner shall not be required to obtain the lowest bid for the Work of completing the
Contract as described in Subparagraph 13.3(c), but the expenses to be deducted from
the Contract Sum shall be the actual cost of such Work. In case the Owner's expense is
less than the sum which would have been payable under the Contract, if the same had
been completed by the Contractor, then the Owner may pay to the Contractor (or the
Surety, in the event of a complete termination for cause) the difference in the cost,
provided that the Contractor (or the Surety) shall not be entitled to any claim for
damages or for loss of anticipated profits. In case such expenses for completion shall
exceed the amount which would have been payable under the Contract if the same had
been completed by the Contractor, then the Contractor and his Sureties shall pay the
amount of the excess to the Owner on notice from the Owner for excess due. When only
a particular part of the Work is being carried on by the Owner by contract or otherwise
under the provisions of this Subparagraph, the Contractor shall continue the remainder
of the Work in conformity with the terms of the Contract, and in such manner as not to
hinder or interfere with the performance of workmen employed and provided by the
Owner.
(e) The right to terminate this Contract for the convenience of the Owner (including but not
limited to nonappropriation of funding) is expressly retained by the Owner. In the event
of termination for convenience, the Owner shall deliver at least ten (10) days advance
written notice of termination for convenience to the Contractor. Upon the Contractor's
receipt of such written notice, the Contractor shall cease the performance of the Work
and shall take reasonable and appropriate action to secure and protect the Work in place.
The Contractor shall then be reimbursed by the Owner in accordance with the terms and
provisions of the Contract Documents, not to exceed actual labor costs incurred,
materials stored at the Project site or away from the Project site as approved by the
Owner but not yet paid for, plus actual, reasonable, and documented termination
charges, if any, paid by the Contractor in connection with the Work in place which is
completed and in conformance with the Contract Documents to the date of termination
for convenience. No amount shall ever be due to the Contractor for lost or anticipated
profits.
13.4 TEMPORARY SUSPENSION OF THE WORK
(a) The Work or any portion of the Work may be temporarily suspended by the Owner
immediately upon written notice to the Contractor for any reason, including but not
limited to:
(1) the causes described in Clauses 13.1(a)(1) through (a)(10) above;
(2) where other provisions in the Contract Documents require or permit temporary
suspension of the Work;
(3) situations where the Work is threatened by, contributes to, or causes an immediate
threat to public health, safety, or security; or
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(4) other unforeseen conditions or circumstances.
(b) The Contractor shall immediately resume the temporarily suspended Work when
ordered in writing by the Owner to do so. The Owner shall not under any circumstances
be liable for any claim of the Contractor arising from a temporary suspension due to a
cause described in Clause (a)(1) above; provided, however, that in the case of a
temporary suspension for any of the reasons described under Clauses (a)(2) through
(a)(4), where the Contractor is not a contributing cause of the suspension under one of
those Clauses or where the provision of the Contract Documents in question specifically
provides that the suspension is at no cost to the Owner, the Owner will make an equitable
adjustment for the following items, provided that a claim is properly made by the
Contractor under Subparagraph 4.3 of these General Conditions:
(1) an equitable extension of the Contract Time, not to exceed the actual delay caused
by the temporary suspension as determined by the Architect/Engineer and the
Owner;
(2) an equitable adjustment to the Contract Sum for the actual, necessary, and
reasonable costs of properly protecting any Work that is finished or partially
finished during the period of the temporary suspension (no profit and overhead shall
be allowed on top of these costs); and
(3) if it becomes necessary to move equipment from the Project site and then return it
to the Project site when the Work is ordered to be resumed, an equitable adjustment
to the Contract Sum for the actual, necessary, and reasonable cost of these moves;
provided, however, that no adjustment shall be due if the equipment is moved to
another Project site of the Owner.
ARTICLE 14 MISCELLANEOUS PROVISIONS
14.1 GOVERNING LAW; COMPLIANCE WITH LAWS AND REGULATIONS
(a) This Contract shall be governed by the laws and case decisions of the State of Texas,
without regard to conflict of law or choice of law principles of Texas or of any other
state.
(b) This Contract is entered into subject to and controlled by the Charter and ordinances of
the City of Denton and all applicable laws, rules, and regulations of the State of Texas
and the Government of the United States of America. The Contractor shall, during the
performance of the Work, comply with all applicable City codes and ordinances, as
amended, and all applicable State and Federal laws, rules and regulations, as amended.
14.2 SUCCESSORS AND ASSIGNS
The Owner and the Contractor respectively bind themselves, their partners, successors,
assigns, and legal representatives to the promises, covenants, terms, conditions, and
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obligations contained in the Contract Documents. The Contractor shall not assign, transfer, or
convey its interest or rights in the Contract, in part or as a whole, without written consent of
the Owner. If the Contractor attempts to make an assignment, transfer, or conveyance without
the Owner's written consent, the Contractor shall nevertheless remain legally responsible for
all obligations under the Contract Documents. The Owner shall not assign any portion of the
Contract Sum due or to become due under this Contract without the written consent of the
Contractor, except where assignment is compelled or allowed by court order, the terms of the
Contract Documents, or other operation of law.
14.3 WRITTEN NOTICE
Except as otherwise provided in Article 16, any notice, payment, statement, or demand
required or permitted to be given under this Contract by either party to the other may be
effected by personal delivery in writing or by mail, postage prepaid to the Project Manager or
Superintendent of either party, or to an officer, partner, or other designated representative of
either party. Mailed notices shall be addressed to the parties at an address designated by each
party, but each party may change its address by written notice in accordance with this section.
Mailed notices shall be deemed communicated as of three (3) days after mailing.
14.4 RIGHTS AND REMEDIES; NO WAIVER OF RIGHTS BY OWNER
(a) The duties and obligations imposed on the Contractor by the Contract Documents and the
rights and remedies available to the Owner under the Contract Documents shall be in addition
to, and not a limitation of, any duties, obligations, rights, and remedies otherwise imposed or
made available by law.
(b) No action or failure to act by the Owner shall constitute a waiver of a right afforded the
Owner under the Contract Documents, nor shall any action or failure to act by the Owner
constitute approval of or acquiescence in a breach of the Contract by Contractor, except as
may be specifically agreed in writing by Change Order or Supplemental Agreement.
14.5 INTEREST
The Owner shall not be liable for interest on any progress or final payment to be made under
the Contract Documents, except as may be provided by the applicable provisions of the
Prompt Payment Act, Chapter 2251, Texas Government Code, as amended, subject to
Paragraph 9.6(a) of these General Conditions.
14.6 OFFICERS OR EMPLOYEES OF THE OWNER NOT TO HAVE FINANCIAL
INTEREST IN ANY CONTRACT OF THE OWNER
No officer or employee of the Owner shall have a financial interest, direct or indirect, in any
Contract with the Owner, or be financially interested, directly or indirectly, in the sale to the
Owner of any land, materials, supplies or services, except on behalf of the Owner as an officer
or employee. Any violation of this article shall constitute malfeasance in office, and any
officer or employee of Owner guilty thereof shall thereby forfeit his office or position. Any
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violation of this section, with the knowledge, express or implied, of the person, persons,
partnership, company, firm, association or corporation contracting with the Owner shall
render the Contract involved voidable by the Owner's City Manager or City Council.
14.7 VENUE
This Contract is deemed to be performed in Denton County, Texas, and if legal action is
necessary to enforce this Contract, exclusive venue shall lie in Denton County, Texas.
14.8 INDEPENDENT CONTRACTOR
In performing the Work under this Contract, the relationship between the Owner and the
Contractor is that of an independent contractor. The Contractor shall exercise independent
judgment in performing the Work and is solely responsible for setting working hours,
scheduling or prioritizing the Work flow and determining the means and methods of
performing the Work, subject only to the requirements of the Contract Documents. No term
or provision of this Contract shall be construed as making the Contractor an agent, servant, or
employee of the Owner, or making the Contractor or any of the Contractor's employees,
agents, or servants eligible for the fringe benefits, such as retirement, insurance and worker's
compensation, which the Owner provides to its employees.
14.9 NONDISCRIMINATION
As a condition of this Contract, the Contractor covenants that he will take all necessary actions
to insure that, in connection with any work under this Contract, the Contractor and its
Subcontractors will not discriminate in the treatment or employment of any individual or
groups of individuals on the grounds of race, color, religion, national origin, age, sex, sexual
orientation, or handicap unrelated to job performance, either directly, indirectly or through
contractual or other arrangements. The Contractor shall also comply with all applicable
requirements of the Americans with Disabilities Act, 42 U.S.C.A. §§12101-12213, as
amended. In this regard, the Contractor shall keep, retain and safeguard all records relating to
his Contract or Work performed thereunder for a minimum period of three (3) years from final
Contract completion, with full access allowed to authorized representatives of the Owner,
upon request, for purposes of evaluating compliance with this and other provisions of the
Contract.
14.10 GIFTS TO PUBLIC SERVANTS
(a) The Owner may terminate this Contract immediately if the Contractor has offered,
conferred, or agreed to confer any benefit on a City of Denton employee or official that
the City of Denton employee or official is prohibited by law from accepting.
(b) For purposes of this Article, "benefit" means anything reasonably regarded as
pecuniary gain or pecuniary advantage, including benefit to any other person in whose
welfare the beneficiary has a direct or substantial interest, but does not include a
contribution or expenditure made and reported in accordance with law.
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(c) Notwithstanding any other legal remedies, the Owner may require the Contractor to
remove any employee of the Contractor from the Project who has violated the
restrictions of this Article or any similar State or Federal law, and obtain reimbursement
for any expenditures made to the Contractor as a result of the improper offer, agreement
to confer, or conferring of a benefit to a City of Denton employee or official.
ARTICLE 15 RIGHT TO AUDIT CONTRACTOR'S RECORDS
By execution of the Building Construction Services Agreement, the Contractor grants the Owner
the right to audit, at the Owner's election, all of the Contractor's records and billings relating to the
performance of the Work under the Contract Documents. The Contractor agrees to retain its Project
records for a minimum of five (5) years following completion of the Work. The Owner agrees that
it will exercise the right to audit only at reasonable hours. City may review any and all of the
services performed by Contractor under this Contract. Any payment, settlement, satisfaction, or
release made or provided during the course of performance of this Contract shall be subject to
City's rights as may be disclosed by an audit under this section.
ARTICLE 16 NOTICE OF CONTRACT CLAIM
This Contract is subject to the provisions of the Denton City Code, as amended, relating to
requirements for filing a notice of a breach of contract claim against City. Contractor shall comply
with the requirements of this ordinance as a precondition of any litigation relating to this Contract,
in addition to all other requirements in this Contract related to claims and notice of claims.
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
PAYMENT AND PERFORMANCE BOND REQUIREMENTS
Contractor will be required to furnish original performance and payment bonds for one hundred
(100%) percent of the total submission price before work is to commence. The Contractor shall
assume all costs in increasing the bond limits if change orders are formally approved. Bonds shall
be in accordance with the V.T.C.A Government Code Section 2253.021, as amended, from a surety
licensed to do business in the State of Texas. The City, at its option, may waive the payment and
performance bond requirements for projects of less than $50,000.
Bond forms are attached and shall be returned upon notice of contract award by the City. Bonds
should be forwarded to the City of Denton within fourteen (14) calendar days from contract award.
This contract is not fully executed until payment and performance bonds are received and accepted
by the City. Upon approval, a purchase order will be issued.
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EXHIBIT E
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.
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• Cancellation: City requires 30 day written notice should any of the policies described on
the certificate be cancelled or materially changed before the expiration date.
• Should any of the required insurance be provided under a claims made form, Contractor
shall maintain such coverage continuously throughout the term of this contract and, without
lapse, for a period of three years beyond the contract expiration, such that occurrences
arising during the contract term which give rise to claims made after expiration of the
contract shall be covered.
• Should any of the required insurance be provided under a form of coverage that includes a
general annual aggregate limit providing for claims investigation or legal defense costs to
be included in the general annual aggregate limit, the Contractor shall either double the
occurrence limits or obtain Owners and Contractors Protective Liability Insurance.
• Should any required insurance lapse during the contract term, requests for payments
originating after such lapse shall not be processed until the City receives satisfactory
evidence of reinstated coverage as required by this contract, effective as of the lapse date.
If insurance is not reinstated, City may, at its sole option, terminate this agreement effective
on the date of the lapse.
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall additionally
comply with the following marked specifications, and shall be maintained in compliance with
these additional specifications throughout the duration of the Contract, or longer, if so noted.
[X] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than $1,000,000.00
shall be provided and maintained by the Contractor. The policy shall be written on an
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:
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• 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.
[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.
[X] Workers' Compensation Insurance
Contractor shall purchase and maintain Workers' Compensation insurance which, in
addition to meeting the minimum statutory requirements for issuance of such insurance,
has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each
employee, and a $500,000 policy limit for occupational disease. The City need not be
named as an "Additional Insured" but the insurer shall agree to waive all rights of
subrogation against the City, its officials, agents, employees and volunteers for any work
performed for the City by the Named Insured. For building or construction projects, the
Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096
of the Texas Labor Code and rule 28TAC 110.110 of the Texas Workers' Compensation
Commission (TWCC).
[ ] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecution of the
work under this contract, an Owner's and Contractor's Protective Liability insurance policy
naming the City as insured for property damage and bodily injury which may arise in the
prosecution of the work or Contractor's operations under this contract. Coverage shall be
on an "occurrence" basis and the policy shall be issued by the same insurance company
that carries the Contractor's liability insurance. Policy limits will be at least $500,000.00
combined bodily injury and property damage per occurrence with a $1,000,000.00
aggregate.
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[ ] 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.
[ ] 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.
[X] 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.
RFP # 7061
Page 72 of 77
325
DocuSign Envelope ID: 5A71718F-2BO1-4F6D-81DO-OF318CCB12B3
ATTACHMENT 1
[X] Workers' Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions:
Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate
of authority to self -insure issued by the commission, or a coverage agreement (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 project, so
RFP # 7061
Page 73 of 77
326
DocuSign Envelope ID: 5A71718F-2BO1-4F6D-81DO-OF318CCB12B3
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:
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
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
RFP # 7061
Page 74 of 77
327
DocuSign Envelope ID: 5A71718F-2BO1-4F6D-81DO-OF318CCB12B3
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.
RFP # 7061
Page 75 of 77
328
DocuSign Envelope ID: 5A71718F-2B01-4F6D-81DO-OF318CCB12B3
Exhibit F
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:
htt2s://www.ethics.state.tx.us/whatsnew/elf info_forml295.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.
RFP # 7061
Page 76 of 77
329
DocuSign Envelope ID: 5A71718F-2B01-4F6D-81DO-OF318CCB12B3
Exhibit G
RFP 7061 - Pricing Sheet for Construction of Denton HCDF & PCWRP WPFPS
The respondent shall complete the following section, which directly corresponds to the specifications. The contractor shall not
1
Respondent's Name:
Archer Western
2
Principal Place of Business (City and State)
Irving, TX
3
Respondent is a Corporation, Partnership, sole Proprietorship,
Indvidual?
Corporation
4
Total calendar days to mobilize after Notice to Proceed is issued by
City (maximum 14 days):
10,00
5
Total calendar days after mobilization on site for substantial
completion:
470.00
insurance
Total days from Notice to Proceed to Substantial Completion
480
Proposal Pricing:
32.00
6
Base Bid amount to construct project per specifications:
$ 14,382,000.00
7
Payment and Performance Bonds
$ 76,000.00
8
Total Bid amount to construct with bonds
$ 14,458,000.00
$ 386,000.00
Total Pricing in typed words
1
Fourteen Million, Four Hundred and Fifty Eight Thousand Dollars
Construction, LLC
Item a
Quantity
UOM
Product Description
Unit Price
Extended Price
CY
ADD - Soil Excavation
$
Mobilization, demobilization, bonds and
18
CY
9
1
LS
insurance
$225,000.00
$ 225,000.00
$
32.00
20
Hickory Creek Detention Facility
ADD Foundation Piers - 36 -inch
$
10
4
EA
Submersible Pump Equipment
$96,500.00
$ 386,000.00
11
1
LS
Concrete Tank including all appurtenances
80.00
23
SY
ADD - Typical Concrete Paving (per detail)
$
(excluding foudnation and piers)
$2,640,000.00
$ 2,640,000.00
ADD - Typical Flexbase (per detail)
$
25.00
Hickory Creek Detention Facility Tank
12
1
LS
Cleaning System (nozzles, piping and
booster pump system)
$113,000.00
$ 113,000.00
Construction of the Hickoery Creek
13
1
LS
Detention Facility storage tank foundation
and piers
$600,000.00
$ 600,000.00
Construction of all remaining Work items
14
1
LS
for the Hickory Creek Detention Facility per
Plans & Specifications
$6,706,000.00
$ 6,706,000.00
Pecan Creek WRP West Peak Flow Pump
15
3
EA
Equipment
$114,000.00
$ 342,000.00
forthe Pecan Creek WRP West Peak Flow
16
1
LS
Pump Station Facilies per Plans &
Specifications
$3,446,000.00
$ 3,446,000.00
Total Base Bid: I $14,458,000.00
Proposer Guarantees the following unit pricing to apply throughout the project for changing work upon written instruction of the City:
Item a
UOM
Product Description
Unit Price
17
CY
ADD - Soil Excavation
$
14.00
18
CY
DEDUCT Soil Excavation
$
8.00
19
CY
ADD Rock Excavation
$
32.00
20
VLF
ADD Foundation Piers - 36 -inch
$
185.00
21
VLF
DEDUCT Foundation Piers - 36 -inch
$
135.00
22
1 SY
ADD - Typical HMAC Paving (per detail)
$
80.00
23
SY
ADD - Typical Concrete Paving (per detail)
$
89.00
24
SY
ADD - Typical Flexbase (per detail)
$
25.00
Payment Term Discounts
Payment terms for the City of Denton are typically 30 days. Please indicate the additional discount
Payment lerrns Additional Discount %
Invoice Paid in 15 days No Bid
RFP # 7061
Page 77 of 77
330
DocuSign Envelope ID: 5A71718F-2B01-4F6D-81DO-OF318CCB12B3
Exhibit "
CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ
For vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as
defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after
the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a
misdemeanor.
Name of vendor who has a business relationship with local governmental entity. Archer Western Construction, LLC
2 El
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 1 Name of local government officer about whom the information in this section is being disclosed.
N/A
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?
F—x]
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?
F—x]
Yes No
D. Describe each employment or business and family relationship with the local government officer named in this section.
N/A
4
X I have no Conflict of Interest to disclose.
5 DocuSigned by:
—
j'/7 �L 12/6/2019
–[
BC... business with the governmental entity Date
331
Certificate Of Completion
Envelope Id: 5A71718F2B014F6D81 DOOF318CCB12B3
Subject: Please DocuSign: City Council Contract 7061 HCDF PCWRP Construction Services
Source Envelope:
Document Pages: 79 Signatures: 6
Certificate Pages: 6 Initials: 1
AutoNav: Enabled
Envelopeld Stamping: Enabled
Time Zone: (UTC -06:00) Central Time (US & Canada)
Record Tracking
Status: Original
12/3/2019 9:52:54 AM
Signer Events
Monisa Rogers
monisa.rogers@cityofdenton.com
Senior Buyer
City Of Denton
Security Level: Email, Account Authentication
(None)
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)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Mack Reinwand
mack.reinwand@cityofdenton.com
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Daniel P. Walsh
dpwalsh@walshgroup.com
President
The Walsh Group
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 8/9/2019 11:22:32 AM
ID: 420f2fOf-ff56-4257-8bd 7-544fbOce7859
Holder: Monisa Rogers
Monisa.Rogers@cityofdenton.com
Signature
Completed
Using IP Address: 129.120.6.150
Lti"8
Signature Adoption: Pre -selected Style
Using IP Address: 129.120.6.150
�paus�ned by:
t4�i Fe6A�.J.
7F9p326BF0204E5...
Signature Adoption: Pre -selected Style
Using IP Address: 129.120.6.150
pecus d by; `
�—FDEB78415 IBC.
Signature Adoption: Drawn on Device
Using IP Address: 104.207.193.98
Docu !F�
i
■ SECURED
Status: Completed
Envelope Originator:
Monisa Rogers
901 B Texas Street
Denton, TX 76209
Monisa.Rogers@cityofdenton.com
IP Address: 129.120.6.150
Location: DocuSign
Timestamp
Sent: 12/3/2019 9:56:30 AM
Viewed: 12/3/2019 9:56:38 AM
Signed: 12/3/2019 10:00:38 AM
Sent: 12/3/2019 10:00:41 AM
Viewed: 12/3/2019 1:40:28 PM
Signed: 12/3/2019 1:40:46 PM
Sent: 12/3/2019 1:40:49 PM
Viewed: 12/3/2019 3:56:53 PM
Signed: 12/3/2019 3:58:01 PM
Sent: 12/3/2019 3:58:04 PM
Resent: 12/4/2019 8:23:14 PM
Resent: 12/5/2019 8:47:37 AM
Viewed: 12/6/2019 8:20:00 AM
Signed: 12/6/2019 8:24:34 AM
332
Signer Events
Frank Pugsley
frank.pugsley@cityofdenton.com
Water and Wastewater Utilities Director
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 12/6/2019 8:46:04 AM
ID:da7aba35-9092-4040-a004-64915c02547f
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Contract Administrator
City of Denton
Security Level: Email, Account Authentication
(None)
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)
Electronic Record and Signature Disclosure:
Accepted: 7/25/2017 11:02:14 AM
ID: 57619fbf-2aec-4b 1 f-805d-6bd7d9966f21
Rosa Rios
rosa.rios@cityofdenton.com
City Secretary
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 1/28/2020 4:36:32 PM
ID:84e70acd-1521-42e8-b6f0-e143e6c3d6ce
In ❑erson Signer Events
Editor Deliver❑ Events
❑gent Deliver❑ Events
Chtermediar❑ Deliver❑ Events
Certified Deliver❑ Events
CarCon Cop❑ Events
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Contract Administrator
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Signature
ED—Sig-d by!
229CWE13318483...
Signature Adoption: Pre -selected Style
Using IP Address: 129.120.6.150
Completed
Using IP Address: 129.120.6.150
II
o��s��en ny.
anec7l,eaooas4.a...
Signature Adoption: Pre -selected Style
Using IP Address: 107.77.197.132
Signed using mobile
Rees RI"
1CKAK5E175493...
Signature Adoption: Pre -selected Style
Using IP Address: 129.120.6.150
Signature
Status
Status
Status
Status
Status
COPIED
Timestamp
Sent: 12/6/2019 8:24:38 AM
Viewed: 12/6/2019 8:46:04 AM
Signed: 12/6/2019 8:46:39 AM
Sent: 12/6/2019 8:46:43 AM
Viewed: 1/28/2020 3:52:23 PM
Signed: 1/28/2020 3:52:52 PM
Sent: 1/28/2020 3:52:56 PM
Viewed: 1/28/2020 4:22:54 PM
Signed: 1/28/2020 4:22:59 PM
Sent: 1/28/2020 4:23:02 PM
Viewed: 1/28/2020 4:36:32 PM
Signed: 1/28/2020 4:37:25 PM
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
Sent: 12/3/2019 10:00:40 AM
333
CarCon Cop❑ Events Status Timestamp
Not Offered via DocuSign
Sherri Thurman
sherri.thurman@cityofdenton.com
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jane Richardson
jane.richardson@cityofdenton.com
Assistant City Secretary
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
COPIED
COPIED
Rusty Willard � PI E D
rusty.willard@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Rodney Lunkwitz � pI E D
rlunkwitz@walshgroup.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Terri Keckler
tkeckler@walshgroup.com
The Walsh Group
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
❑ itness Events
❑otar❑ Events
Envelope Summar Events
Envelope Sent
Certified Delivered
Signing Complete
Completed
COPIED
Signature
Signature
Status
Hashed/Encrypted
Security Checked
Security Checked
Security Checked
Lia -hent Events Status
Electronic Record and Signature Disclosure
Sent: 12/6/2019 8:46:43 AM
Sent: 1/28/2020 4:23:02 PM
Viewed: 1/28/2020 4:28:00 PM
Sent: 1/28/2020 4:37:28 PM
Viewed: 1/29/2020 8:59:32 AM
Sent: 1/28/2020 4:37:29 PM
Sent: 1/28/2020 4:37:30 PM
Viewed: 1/29/2020 6:08:25 AM
Timestamp
Timestamp
Timestamps
1/28/2020 4:37:30 PM
1/28/2020 4:37:30 PM
1/28/2020 4:37:30 PM
1/28/2020 4:37:30 PM
Timestamps
334
Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Daniel P. Walsh, Frank Pugsley, Todd Hileman, Rosa Rios
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Denton (we, us or Company) may be required by law to provide to
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335
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337
DocuSign Envelope ID: 74430E66-74DF-4D57-9AA8-589833E20BB8
IOCITY
F
DENTON
Docusign Transmittal Coversheet
RFP
7061
File Name
Hickory creek Detention Facility construction co #1
Purchasing Contact
Lori Hewell
Contract Expiration
"/A
338
DocuSign Envelope ID: 74430E66-74DF-4D57-9AA8-589833E20BB8
Brief Description:
This change order is needed for the Detention Facilities monopole location and height. This is imperative once the pole
is erected and in place.
Brief Description of prior Amendments)/Change Order(s):
N/A
DocuSigned by:
E
Contractor Approved by: R�FFFi'0(.9FFA4FF Date:
Grady Hill
Print Name:
DocuSigned by:
EblKlD934887C40F...
ovt au,V�, t
Purchasing Approval by: Date:
2/12/2021
2/12/2021
Lori Hewell
Print Name
DocuSigned by:
,u,
Department Approved by: Nwah Date: 2/12/2021
Print Name: Terrance Naulty
339
DocuSign Envelope ID: 74430E66-74DF-4D57-9AA8-589833E20BB8
Hickory Creek Detention Facility and Pecan Creek Water Reclamation Plant West Peak Flow Pump Station
Perform FAA Filing for Aernautical Study of Hickory Creek Monopole
I_Z 1:
OWNER: City of Denton
CONTRACTOR: Archer Western Construction Ltd.
ENGINEER: Hazen and Sawyer
Revision 1
January 18, 2021
Time Extension -
10
340
Labor, Materials & Equipment
0
$0.00
$0.00
$0.00
$750.00
$0.00
$750.00
Minor Tools and expendables
$0.00
$0.00
(5% of labor)
Safety Supplies
$0.00
$0.00
(4% of labor)
Payroll Tax ,Workers Comp.
$0.00
$0.00
$0.00
(60.0% of Labor)
SUBTOTALS:
0
$0.00
$0.00
$0.00
$750.00
$0.00
$750.00
Contractor Markup
$0.00
$0.00
$0.00
$37.50
$0.00
$37.50
SUBTOTALS:
0
$0.00
$0.00
$0.00
$787.50
$0.00
$787.50
Bond ,Insurance
$0.00
$0.00
$0.00
$23.63
$0.00
$23.63
(3.0% all)
TOTALS:
1 $0.00
1 $0.00
1 $0.00
1 $811.13
1 $0.00
$811.13
Time Extension -
10
340
DocuSign Envelope ID: 74430E66-74DF-4D57-9AA8-589833E20BB8
OWNER
CONTRACTOR:
ENGINEER:
Hickory Creek Detention Facility and Pecan Creek Water Reclamation Plant West Peak Flow Pump Station
Perform FAA Filing for Aernautical Study of Hickory Creek Monopole
City of Denton
Archer Western Construction Ltd.
Hazen and Sawyer
PCM -08
0 01/18/21
Revision 1
- • .
®�®�
• •
••••.
tal
-TotalMaterial•
• -Subcontract•
. .
SUBTOTALS:
'.1 11
1
RS91 Me
341
DocuSign Envelope ID: 74430E66-74DF-4D57-9AA8-589833E20BB8
PRIME
��CONTROLS
1725 Lakepointe Drive, Lewisville TX 75057
(972) 221-4849 Phone
(972)420-4842 Fax
Change Order Request
Date: January 12, 2021
To: Archer Western
Address: 14110 Greenway Dr
Irving TX 75038
Attn: Ernesto Mohler
Project Name: Denton Hickory/Pecan Creek
Contract No.: 2057003
Subject: FAA Filing for Hickory Creek Project Site
Change Order Request No.: 2
Source: Coordinates entered into FAA database request for a filing with FAA
Ernesto,
Prime Controls is pleased to offer our cost proposal for the additional scope of work described in in this change order. Our
pricing includes but is not limited to the following items outlined in the Scope of Work below.
Scope of Work
1. File with the FAA in regards to Hickory Creek's monopole location and height; the FAA's Aernautical Study is filed under
report form 7460-1 & report form 7460-2 once the monopole has been erected. Per the FAA's Notice Criteria Tool
document attached. thev are reauestine the mentioned report to be filed due to the Droximitv of navieation facilitv.
Sub -Total Cost Breakdown
Subcontractor $ 750.00
Total $750.00
Page 1 of 2
CO -2 FAA Filing Rev B, 01/24/2018 App. John A. Brau
342
DocuSign Envelope ID: 74430E66-74DF-4D57-9AA8-589833E20BB8
PRIME
��CONTROLS
1725 Lakepointe Drive, Lewisville TX 75057
(972) 221-4849 Phone
(972)420-4842 Fax
Clarifications
1. Prior to commencement of work, Prime Controls requests an executed copy of this change order request. We expect this
change will be accepted in a timely manner. Prime Controls is not liable for schedule delays associated with this change in
the scope of work.
2. Our Proposal is valid for 15 days from the date of this letter. Pricing is subject to change based on approval date.
Crhnrh Flo
Number of additional calendar days requested for this change proposal from the date
of notice to proceed. 10
Attachments
1. FAA Database Request
Proposal Approval
Approved By:
Date:
Should you have any questions regarding this change order request please feel free to contact us.
Sincerely,
Prime Controls, LP
Project Manager
CO -2 FAA Filing
Page 2 of 2
Rev B, 01/24/2018 App. John A. Brau
343
Certificate Of Completion
Envelopeld: 74430E6674DF4D579AA8589833E20BB8
Subject: —Purchasing Approval— 7061 Change order 1
Source Envelope:
Document Pages: 6 Signatures: 3
Certificate Pages: 5 Initials: 0
AutoNav: Enabled
Envelopeld Stamping: Enabled
Time Zone: (UTC -06:00) Central Time (US & Canada)
Record Tracking
Status: Original
2/1/2021 2:04:23 PM
Signer Events
Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Grady Hill
ghill@walshgroup.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 2/11/2021 11:23:06 AM
ID: deb9c42f-4257-486e-a578-d5cd3580e323
Terrance Naulty
Terrance.Naulty@cityofdenton.com
Asst. General Manager
City of Denton
Security Level: Email, Account Authentication
(None)
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)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events
Holder: Lori Hewell
lori.hewell@cityofdenton.com
Signature
Completed
Using IP Address: 198.49.140.104
ED—Sign1d by:
B2EEF6OC2FFA4FF✓
Signature Adoption: Uploaded Signature Image
Using IP Address: 174.246.134.66
EIDSi,n1d
rt by:
vraAn ct Naut�
BU331381089478...
Signature Adoption: Pre -selected Style
Using IP Address: 198.49.140.10
EDocusignetl by:
OVt ir"t,l.Vt,u,
13E1D934887C40F...
Signature Adoption: Pre -selected Style
Using IP Address: 198.49.140.104
Signature
Docu5�".
6 S E C U R E 6
Status: Completed
Envelope Originator:
Lori Hewell
901 B Texas Street
Denton, TX 76209
lori.hewell@cityofdenton.com
IP Address: 198.49.140.104
Location: DocuSign
Timestamp
Sent: 2/1/2021 2:11:25 PM
Viewed: 2/1/2021 2:11:54 PM
Signed: 2/1/2021 2:13:29 PM
Sent: 2/1/2021 2:13:30 PM
Resent: 2/3/2021 5:45:37 PM
Resent: 2/11/2021 8:49:30 AM
Viewed: 2/11/2021 11:23:06 AM
Signed: 2/12/2021 8:29:53 AM
Sent: 2/12/2021 8:29:55 AM
Viewed: 2/12/2021 8:51:00 AM
Signed: 2/12/2021 8:51:20 AM
Sent: 2/12/2021 8:51:22 AM
Viewed: 2/12/2021 12:54:51 PM
Signed: 2/12/2021 12:54:57 PM
Timestamp
344
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Timestamp
Agent Delivery Events
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Timestamp
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Timestamp
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Timestamp
Carbon Copy Events
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Timestamp
Cheyenne Defee�
Security Level: Email, Account Authentication
Sent: 2/12/2021 12:54:58 PM
cheyenne.defee@cityofdenton.com
COPED
Viewed: 2/12/2021 1:39:38 PM
Contract Administrator
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Annie Bunger
Sent: 2/12/2021 12:54:58 PM
annie.bunger@cityofdenton.com
COPIED
Viewed: 2/12/2021 12:56:08 PM
Contract Control Specialist
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events
Signature
Timestamp
Notary Events
Signature
Timestamp
Envelope Summary Events
Status
Timestamps
Envelope Sent
Hashed/Encrypted
2/1/2021 2:11:25 PM
Certified Delivered
Security Checked
2/12/2021 12:54:51 PM
Signing Complete
Security Checked
2/12/2021 12:54:57 PM
Completed
Security Checked
2/12/2021 12:54:58 PM
Payment Events
Status
Timestamps
Electronic Record and Signature Disclosure
345
Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Grady Hill
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348
UCC Business Organizations Trademarks Notary Account Help/Fees Briefcase Logout
BUSINESS ORGANIZATIONS INQUIRY - VIEW ENTITY
Filing Number:
801272994 Entity Type: Foreign Limited Liability Company (LLC)
Original Date of Filing:
May 20, 2010 Entity Status: In existence
Formation Date:
NIA
Tax IU:
32041909816 FEIN:
Name:
Archer Western Construction, LLC
Address:
929 WestAdams SL
January 6. 2016
Chicago, IL 60607 USA
Fictitious Name:
NIA
Jurisdiction:
IL, DSA
Foreign Formation
September 3, 2009
Date:
TIMOTHY G ERKEN
Last Bptlate
Name
Title
January 8, 2x16
MATTHEW M MARGARET R WALSH TRUST
DIRECTDR
Tanuary 8, 2016
1
DIRECTOR
January 6. 2016
WALSH CONSTRUCTION ORDUP LLC
DIREC70R
2076
TREASURER
January 8, 2016
TIMOTHY G ERKEN
DIRECTOR
349
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME -RULE MUNICIPAL
CORPORATION, AUTHORIZING THE APPROVAL OF CHANGE ORDER NO. 2 TO THE
CONTRACT BETWEEN THE CITY OF DENTON AND ARCHER WESTERN
CONSTRUCTION, LLC, TO PROVIDE ADDITIONAL CONSTRUCTION SERVICES FOR THE
HICKORY CREEK DETENTION FACILITY PROJECT; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP 7061
— CHANGE ORDER NO. 2 IN THE NOT -TO -EXCEED AMOUNT OF $128,824.49, FOR A
TOTAL CONTRACT AWARD AGGREGATED TO $14,587,635.62).
WHEREAS, on January 28, 2020, by Ordinance No. 20-041, the City Council awarded a
contract to Archer Western Construction, LLC, in the amount of $14,458,000.00, for the construction
of the Hickory Creek Detention Facility and Pecan Creek West Peak Flow Pump Station for the
Wastewater Department; and
WHEREAS, on February 12, 2021, Purchasing awarded a Change Order No. 1 between the
City of Denton and Archer Western Construction, LLC, in the not -to -exceed amount of
$14,458,811.13; 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. 2, increasing the amount of the contract between the City
and Archer Western Construction, LLC, which is on file in the office of the Purchasing Agent, in the
amount of One Hundred Twenty -Eight Thousand Eight Hundred Twenty -Four and 49/100
($128,824.49) 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 $14,587,635.62.
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 r - ]:
350
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
:•
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
Digitally signed by Marcella Lunn
DN: cn=Marcella Lunn, o, ou=City
of Denton,
\�JIYIW 1i`r� email=marcella.lunn@cityofdento
n.com, c=US
BY: Date: 2021.10.05 09:08:01 -05'00'
351
DocuSign Envelope ID: 02A3DE27-04AB-4051-BE70-6AE9266D3866
I CITY
OF
DENTON
Docusign City Council Transmittal Coversheet
RFP
7061
File Name
HICKORY CREEK DETENTION FACILITY CONSTRUCTION CO #2
Purchasing Contact
Crystal Westbrook
City Council Target Date
Piggy Back Option
Not Applicable
Contract Expiration
Ordinance
EDS
R
352
DocuSign Envelope ID: 02A3DE27-04AB-4051-BE70-6AE9266D3866
CHANGE ORDER/CONTRACT REVISION
CITY OF DENTON, TEXAS - OWNER
BID/RFP # 7061 P.O. # 192392 CHANGE ORDER #:
HICKORY CREEK DETENTION FACILITY CONSTRUCTION
PROJECT:
DATED:
CONTRACTOR: ARCHER WESTERN CONSTRUCTION CONTRACT DATE: 01/26/2020
14110 GREENWAY DRIVE 640163541.1360.40100
JDE ACCT #
IRVING, TX 75038
THIS CHANGE ORDER/REVISION MAKES THE FOLLOWING CHANGES IN THIS CONTRACT:
(written description or attach back up)
THE ORIGINAL (CONTRACT SUM)............................................................$14,458,000.00
NET CHANGE BY PREVIOUSLY AUTHORIZED CHANGE ORDERS...............$811.13
THE (CONTRACT SUM) PRIOR TO THIS CHANGE ORDER ...............$14,458,811.13
THE (CONTRACT SUM) WILL BE(INCREASED)BY THIS CHANGE
ORDER........................................................................................................................$128,824.49
THE NEW(CONTRACT SUM)INCLUDING THIS CHANGE ORDER WILL
BE.................................................................................................................................$14,587,635.62
THE CONTRACT TIME WILL BE (INCREASED)BY..........................................NA
THE DATE OF SUBSTANTIAL COMPLETION AS OF THE DATE OF
THIS CHANGE ORDER THEREFORE IS...........................................................................
Archer western construction
CONTRACTOR (as above)
1411 Greenway Drive
ADDRESS
Irving Texas 75038
EDocuSigned by:
C - cu C DocuSigned by:
J
35B394AC7AA242F...
EiFFA4FF.
SIGNATURE
EEF60..
Scott Smiley Grady Hill
PRINT NAME
9/17/2021 9/17/2021
DATE
City of Denton
OWNER
901-B Texas Str.
ADDRESS
Denton. TX 76209
SIGNATURE
PRINT NAME AND TITLE
DATE
353
DocuSign Envelope ID: 02A3DE27-04AB-4051-BE70-6AE9266D3866
ATTEST:
ROSA RIOS, CITY SECRETARY
LE
APPROVED AS TO LEGAL FORM:
DocuSigned by:
I'�
E
By: 83 438...
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
DocuSigned by:
F.-�-�.�-.-dARR07'JRCd DO
SIGNATURE
Stephen D. Gay
PRINTED NAME
Director, water utilities
TITLE
water utilities
DEPARTMENT
354
DocuSign Envelope ID: 02A3DE27-04AB-4051-BE70-6AE9266D3866
Hazen
August 3, 2021
Hazen and Sawyer
8150 N. Central Expressway, Suite 700
Dallas, TX 75206 • 214.382.5750
Chris Campbell
Superintendent — Capital Projects
Water & Wastewater Utilities
City of Denton
Re: Outstanding Proposed Contract Modifications
Dear Mr. Campbell:
As requested, find below a summary of current open proposed contract modifications (PCMs).
PCM -005 Pecan Creek Pipe Support Modifications
PCM -006 Hickory Creek Waterline Change
PCM -007 Color Coded C900 Pipe
PCM -009 Primary Power Underground and Bollards
PCM -011 Hickory Creek Foundation Piers
PCM -012 Ultrasonic Level Element Mount
PCM -013 Pecan Creek Access Doors
Description of Change:
PCM -005 Pecan Creek Pipe Support Modifications
Change materials for pipe supports inside Pecan Creek WRP WPFPS wet well from galvanized
steel to stainless steel. Contract requirement is for galvanized pipe supports for exposed wastewater pipe
in all locations. Hazen and COD discussed during submittal review that stainless steel supports are
preferred inside the wet well due to corrosive environment.
PCM -006 Hickory Creek Waterline Change
Change waterline at the Hickory Creek Detention Facility to reflect new requirements during
permitting. Increase pressure class from DR18 to DR14, decrease pipe size from 8" to 6", increase casing
thickness at railroad crossing from 3/8" to 1/2", and increase pipe depth at railroad crossing by 4 feet.
hazenandsawyer.conn
355
DocuSign Envelope ID: 02A3DE27-04AB-4051-BE70-6AE9266D3866
Hazen Chris Campbell
August 3, 2021
Add 6" water meter vault — design intent was for City of Denton to arrange installation
separately.
PCM -007 Color Coded C900 Pipe
Cost increase to provide C900 pipe in City of Denton's preferred color. Cost increase affected by
material shortages and market volatility.
PCM -009 Primary Power Underground and Bollards
During coordination during construction, Denton Municipal Electric stipulated design changes to
move the proposed overhead power drop 230 feet away from the transformer and move the transformer
into the driveway. Add 230 linear feet of direct bury underground conduit between revised power drop
from Denton Municipal Electric and transformer. Add bollards in order to move transformer into
driveway.
PCM -011 Hickory Creek Foundation Piers
The Hickory Creek Detention Facility Pump Station excavation was laid back rather than vertical
as shown in the Contract Drawings. In order to mitigate increased settlement and heave potential near
pump station: modify equipment pads to reflect pier foundations and void forms, modify ductbank routing
and connections. Credit off-site select fill no longer required per geotechnical testing during construction.
60% of net cost borne by Contractor.
PCM -012 Ultrasonic Level Element Mount
The detail for sensor installation through the roof is in conflict with the beams at HCDF Pump
Station and at PCWRP WPF Pump Station. Change to swivel mount in order to provide external
maintenance access to the level sensor.
PCM -013 Pecan Creek Access Doors
Change from supplier's quoted lift off aluminum cover plate to specified access door. Increase
size of access door to accommodate upgraded / enlarged pumps proposed during construction.
Page 2 of 3
hazenandsawyer.com
356
DocuSign Envelope ID: 02A3DE27-04AB-4051-BE70-6AE9266D3866
Hazen
Contract Change Summary:
PCM
Description
Cost
Time
005
Pecan Creek Pipe Support
Modifications
$9,702.05
0 days
006
Hickory Creek Waterline Change
$39,448.59
0 days
007
Color Coded C900 Pipe
$9,420.84
0 days
009
Primary Power Underground and
Bollards
$13,934.61
0 days
011
Hickory Creek Foundation Piers
$41,595.99
0 days
012
Ultrasonic Level Element Mount
$5,407.50
0 days
013
Pecan Creek Access Doors
$9,314.91
0 days
TOTAL:
$128,824.49
0 days
CONTRACTOR APPROVED:
Chris Campbell
August 3, 2021
Grady Hill, Construction Project Manager, Archer Western Date
ENGINEER APPROVED:
Brandt Miller, Project Manager, Hazen Date
OWNER APPROVED:
Chris Campbell, Superintendent of Capital Projects, City of Denton Date
Pritam Deshmukh, Deputy Director Water and Wastewater, City of Denton Date
Page 3 of 3
hazenandsawyer.com
357
DocuSign Envelope ID: 02A3DE27-04AB-4051-BE70-6AE9266D3866
Exhi bi t CIQ
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. ARCHER WESTERN CONSTRUCTION, LLC
2 El
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 7 1 business day
after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)
3 1 Name of local government officer about whom the information in this section is being disclosed.
None
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.
None
4
❑x I have no Conflict of Interest to disclose.
5 DocuSigned by:
5(hff SM 9/17/2021
Sig r*W4Wd»ff&ing business with the governmental entity Date
358
Certificate Of Completion
Envelope Id: 02A3DE2704AB4051 BE706AE9266D3866
Subject: Please DocuSign: City Council Contract 7061 -Hickory Creek Detention Facility Construction
Source Envelope:
Document Pages: 7 Signatures: 5
Certificate Pages: 6 Initials: 1
AutoNav: Enabled
Envelopeld Stamping: Enabled
Time Zone: (UTC -06:00) Central Time (US & Canada)
Record Tracking
Status: Original
9/7/2021 2:18:39 PM
Signer Events
Crystal Westbrook
crystal.westbrook@cityofdenton.com
Senior Buyer
City of Denton
Security Level: Email, Account Authentication
(None)
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)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Marcella Lunn
marcella.lunn@cityofdenton.com
Catherine Clifton, Interim City Attorney
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Grady Hill
ghill@walshgroup.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 2/11/2021 11:23:06 AM
ID: deb9c42f-4257-486e-a578-d5cd3580e323
Holder: Crystal Westbrook
crystal.westbrook@cityofdenton.com
Signature
Completed
Using IP Address: 198.49.140.104
EiDS
Signature Adoption: Pre -selected Style
Using IP Address: 198.49.140.104
DocuSigned by:
C 8 RA 43
Signature Adoption: Pre -selected Style
Using IP Address: 68.185.202.16
EDII"Sil"ld by:
ezEEFy soC2F naF
Signature Adoption: Uploaded Signature Image
Using IP Address: 174.246.132.0
DocuSign
Status: Sent
Envelope Originator:
Crystal Westbrook
901 B Texas Street
Denton, TX 76209
crystal.westbrook@cityofdenton.com
IP Address: 198.49.140.104
Location: DocuSign
Timestamp
Sent: 9/7/2021 2:26:19 PM
Viewed: 9/7/2021 2:26:35 PM
Signed: 9/7/2021 2:31:28 PM
Sent: 9/7/2021 2:31:30 PM
Viewed: 9/8/2021 8:28:13 AM
Signed: 9/8/2021 8:29:09 AM
Sent: 9/8/2021 8:29:11 AM
Viewed: 9/8/2021 3:27:21 PM
Signed: 9/8/2021 3:27:55 PM
Sent: 9/17/2021 12:37:06 PM
Viewed: 9/17/2021 12:40:32 PM
Signed: 9/17/2021 1:03:44 PM
359
Signer Events Signature Timestamp
Scott Smiley EDI-Sig"Id by: Sent: 9/8/2021 3:27:57 PM
ssmiley@walshgroup.com ���� �j Resent: 9/17/2021 10:40:10 AM
Business Group Leader 35e394Ac7AA242F... Resent: 9/17/2021 1:03:46 PM
Archer Western Construction Viewed: 9/9/2021 7:20:43 AM
Security Level: Email, Account Authentication Signature Adoption: Pre -selected Style Signed: 9/17/2021 1:43:50 PM
(None) Using IP Address: 159.63.135.38
Electronic Record and Signature Disclosure:
Accepted: 9/17/2021 1:27:36 PM
ID:612e2f60-Oc1e-442a-9160-1028fb289061
Stephen D. Gay EDII"Sillldby:Sent: 9/17/2021 1:43:53 PM
stephen.gay@cityofdenton.com V. Gaul Viewed: 9/17/2021 1:44:39 PM
Director, Water Utilities FEB48EB9726E4A9... Signed: 9/17/2021 2:25:58 PM
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre -selected Style
Using IP Address: 198.49.140.10
Electronic Record and Signature Disclosure:
Accepted: 9/17/2021 2:25:30 PM
ID:90856e89-a67c-4c67-bb64-5fc7a268Od94
Cheyenne Defee Sent: 9/17/2021 2:26:01 PM
cheyenne.defee@cityofdenton.com
Contract Administrator
City of Denton
Security Level: Email, Account Authentication
(None)
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: 9/16/2021 11:47:34 AM
ID:a842caea-eOe4-4344-84ab-210af20045eb
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
360
Carbon Copy Events Status Timestamp
Cheyenne Defee� Sent: 9/7/2021 2:31:30 PM
cheyenne.defee@cityofdenton.com
ED
Contract Administrator
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Gretna Jones Sent: 9/17/2021 2:26:01 PM
gretna.jones@cityofdenton.com ED Viewed: 9/17/2021 2:56:57 PM
Legal Secretary
City of Denton
Security Level: Email, Account Authentication
(None)
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
Annie Bunger
annie.bunger@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Chris Campbell
chris.campbell@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 9/16/2021 10:10:57 AM
ID:1766c976-669e-488f-9aac-2eba4c590438
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 9/7/2021 2:26:19 PM
Payment Events Status
Electronic Record and Signature Disclosure
Timestamps
361
Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Grady Hill, Scott Smiley, Stephen D. Gay, Rosa Rios, Chris Campbell
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362
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363
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364
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
, %Iiiiimlim�
www.cityofdenton.com
DENTON
Legislation Text
File #: ID 21-2132, Version: 1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing
the City Manager to execute a contract with Whirlix Design, Inc., through the Buy Board Cooperative
Purchasing Network, Contract # 592-19, for shade structures, benches, and park site amenities for the Parks and
Recreation Department; providing for the expenditure of funds therefor; and providing an effective date (File
7815 - awarded to Whirlix Design, Inc., for one (1) year, with the option for five (5) additional one (1) year
extensions, in the total six (6) year not -to -exceed amount of $2,000,000.00).
City of Denton Page 1 of 1 Printed on 10/8/2021
powered by Legistar' 365
1%,1001110,
DENTON
City of Denton
AGENDA INFORMATION SHEET
DEPARTMENT: Procurement & Compliance
ACM: David Gaines
DATE: October 12, 2021
SUBJECT
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation,
authorizing the City Manager to execute a contract with Whirlix Design, Inc., through the Buy Board
Cooperative Purchasing Network, Contract # 592-19, for shade structures, benches, and park site amenities
for the Parks and Recreation Department; providing for the expenditure of funds therefor; and providing an
effective date (File 7815 - awarded to Whirlix Design, Inc., for one (1) year, with the option for five (5)
additional one (1) year extensions, in the total six (6) year not -to -exceed amount of $2,000,000.00).
INFORMATION/BACKGROUND
The Parks and Recreation Department held over 60 public meetings in the past 24 months. Feedback from
public input has provided the department with valuable information on what the citizens would like in the
City's Park System. One of the most requested items is to incorporate more shading in new playground
structures and to add shading to existing playgrounds. City Council has also expressed a need for more
shaded areas above and around playground structures. Beyond shade structures, Whirlix provides Parks and
Recreation related site amenities such as benches, exercise equipment, bicycle racks, trash receptacles, and
picnic tables. The department will utilize this cooperative agreement for park amenities along with a formal
solicitation the department conducted for specific amenities, which will be brought forward to Council
approval in the coming weeks. The proposed contract will allow the City to be more agile with its Parks
Construction Projects while providing a wide range of materials and amenities for future projects.
Whirlix has consistently provided the City with top-rated industry amenities. Their playgrounds from
landscape structures, have had the lowest maintenance costs of any structure in the system as well as
providing the best available warranty, which is 50% longer than most other manufacturers.
366
Contract Term
Estimated Annual Spend
FY 2021-22
(New or Replacement
Items)
$325,000
FY 2022-23
New or Replacement
Items
$325,000
FY 2023-24
New or Replacement
Items
$325,000
FY 2024-25
New or Replacement
Items
$325,000
FY 2025-26
New or Replacement
Items
$325,000
FY 2026-27
New or Replacement
Items
$325,000
Contingency
$50,000
Total
$2,000,000
Whirlix has consistently provided the City with top-rated industry amenities. Their playgrounds from
landscape structures, have had the lowest maintenance costs of any structure in the system as well as
providing the best available warranty, which is 50% longer than most other manufacturers.
366
Pricing obtained through the Buy Board 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 February 1, 2005, Council approved the interlocal agreement with the Buy Board Cooperative
Purchasing Network (Ordinance 2005-034).
RECOMMENDATION
Award a contract with Whirlix Design, Inc., for shade structures, benches, and park site amenities for the
Parks and Recreation Department, in a one (1) year, with the option for five (5) additional one (1) year
extensions, in the total six (6) year not -to -exceed amount of $2,000,000.
SUSTAINABILITY MEASURES
A key piece of taking care of our children is ensuring they have a safe, clean environment to grow in.
Whirlix does its part to support the environment by providing eco -friendly products through its partnership
with Landscape Structures and their ISO 14001 certification for environmental sustainability. Whirlix is
committed to policies and practices that best support our environment throughout the manufacturing and
installation process.
ISO]4001 specifies the requirements for an environmental management system (EMS) that an organization
can use to enhance its environmental performance and is intended for use by an organization seeking to
manage its environmental responsibilities in a systematic manner that contributes to the environmental
pillar of sustainability.
PRINCIPAL PLACE OF BUSINESS
Whirlix Design, Inc.
Richardson, TX
ESTIMATED SCHEDULE OF PROJECT
This is an initial one (1) year contract with options to extend the contract for five (5) additional one (1) year
periods, with all terms and conditions remaining the same.
This Buy Board contract expires on September 30, 2022.
FISCAL INFORMATION
These products and services will be funded through the using department's budget on an as -needed basis.
The City will only pay for services rendered and is not obligated to pay the full contract amount unless
needed.
EXHIRITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Ordinance
367
Respectfully submitted:
Lori Hewell, 940-349-7100
Purchasing Manager
For information concerning this acquisition, contact: Drew Huffman, 940-349-8275.
Legal point of contact: Marcella Lunn at 940-349-8333.
368
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME -RULE MUNICIPAL
CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
WITH WHIRLIX DESIGN, INC., THROUGH THE BUY BOARD COOPERATIVE
PURCHASING NETWORK, CONTRACT # 592-19, FOR SHADE STRUCTURES,
BENCHES, AND PARK SITE AMENITIES FOR THE PARKS AND RECREATION
DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE (FILE 7815 - AWARDED TO WHIRLIX DESIGN,
INC., FOR ONE (1) YEAR, WITH THE OPTION FOR FIVE (5) ADDITIONAL ONE (1)
YEAR EXTENSIONS, IN THE TOTAL SIX (6) YEAR NOT -TO -EXCEED AMOUNT OF
$2,000,000.00).
WHEREAS, pursuant to Ordinance 2005-034, the Buy Board Cooperative Purchasing
Network 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 Buy Board Cooperative Purchasing Network programs 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 items shown in the "File Number" referenced herein and on file in
office of the Purchasing Agent, are hereby accepted and approved as being the lowest
responsible bids for such items:
FILE
NUMBER VENDOR AMOUNT
7815 Whirlix Design, Inc. $2,000,000.00
SECTION 2. By the acceptance and approval of the items set forth in the referenced file
number, the City accepts the offer of the persons submitting the bids to the Buy Board
Cooperative Purchasing Network 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 Buy Board Cooperative Purchasing Network and the purchase orders issued by the City.
369
SECTION 3. Should the City and persons submitting approved and accepted items set
forth in the referenced file number wish to enter into a formal written agreement as a result of the
City's ratification of bids awarded by the Buy Board Cooperative Purchasing Network, 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 Buy
Board Cooperative Purchasing Network, 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 items set forth in the referenced file
number, the City Council hereby authorizes the expenditure of funds therefor in the amount and
in accordance with the approval purchase orders or pursuant to a written contract made pursuant
thereto as authorized herein.
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
the following vote
Aye
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
ATTEST:
ROSA RIOS, CITY SECRETARY
This ordinance was passed and approved by
Nay Abstain Absent
day of , 2021.
GERARD HUDSPETH, MAYOR
370
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
Digitally signed by Marcella Lunn
DN: cn=Marcella Lunn, o, ou=City
of Denton,
11J1Y/W � email=marcella.lunn@cityofdento
n.com, c=US
BY: Date: 2021.10.05 09:20:54 -05'00'
371
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
%Iiiiimlim�
www.cityofdenton.com
DENTON
Legislation Text
File #: ID 21-2133, Version: 1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, ratifying
the expenditure of funds by the City Manager, through the Buy Board Cooperative Purchasing Network,
Contract #571-18, for the emergency purchase of one (1) Pierce Custom Enforcer Pumper for the Fire
Department; and providing an effective date (File 7825 - awarded to Siddons-Martin Emergency Group, LLC,
in the not -to -exceed amount of $797,045.00).
City of Denton Page 1 of 1 Printed on 10/8/2021
powered by Legistar' 372
1%,1001110,
DENTON
City of Denton
AGENDA INFORMATION SHEET
DEPARTMENT: Procurement & Compliance
ACM: David Gaines
DATE: October 12, 2021
SUBJECT
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation,
ratifying the expenditure of funds by the City Manager, through the Buy Board Cooperative Purchasing
Network, Contract #571-18, for the emergency purchase of one (1) Pierce Custom Enforcer Pumper for the
Fire Department; and providing an effective date (File 7825 — awarded to Siddons-Martin Emergency
Group, LLC, in the not -to -exceed amount of $797,045.00).
INFORMATION/BACKGROUND
On August 26, 2021, the Denton Fire Department Engine 6 (FD 1634) responded to an incident on Interstate
35 at approximately 4:30 AM. Upon arrival Engine 6 positioned its apparatus to block the accident scene
according to department policy. Almost immediately Engine 6 was struck by an oncoming vehicle traveling
at a high rate of speed. The fire engine suffered extensive damage from the impact. Preliminary assessments
by Siddons-Martin Emergency Group indicate damage to one or both frame rails, the custom passenger cab
compartment would require being replaced and the estimated costs of repairs would be $250,000 -
$300,000, along with an estimated time frame for repair of seven (7) months.
Engine 6 is currently operating in an aged reserve engine. Additionally, another reserve engine, Engine 13,
was struck by a semi -truck while at an incident on August 2, 2021. The department's goal is to maintain
four (4) reserve fire engines in the fleet to provide backup when front-line units are down due to regular
preventative maintenance or mechanical issues. Currently, the fire department reserve engine fleet is down
to 2.
Engine 6 (FD1634) is a 2016 model fire engine with 69,554 miles driven and 7,126 hours used. Due to its
age, which is nearing the end of frontline service, combined with expected repair costs and the time frame
for repair, replacing the engine would be more cost-effective than repair.
The City of Denton Fire Department has standardized fire apparatus with Pierce manufacturing to create
efficiencies with service, maintenance, parts, and supplies available through a local vendor, Siddons—Martin
Emergency Group, LLC. Siddons-Martin Emergency Group, LLC, the only authorized Pierce dealer in the
state of Texas, submitted a Buy Board quote for the emergency purchase of one (1) 2022 model Pierce
Custom Enforcer Pumper.
The new engine will enter frontline service as a fleet replacement to Station 6. The Station 6 engine FD 1634
will not be repaired. Reserve Engine 12 which Station 6 is currently operating in will return to reserve
status.
373
By submitting a full prepayment for chassis and interest of $797,045 for the Pierce Custom Enforcer
Pumper, the City of Denton will receive a prepay discount of $14,377.
Pricing obtained through the Buy Board 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 February 1, 2005, Council approved the interlocal agreement with the Buy Board Cooperative
Purchasing Network (Ordinance 2005-034).
RECOMMENDATION
Award a contract with Siddons-Martin Emergency Group, LLC, for the emergency purchase of one (1)
Pierce Custom Enforcer Pumper for the Fire Department, in the not -to -exceed amount of $797,045.
PRINCIPAL PLACE OF BUSINESS
Siddons-Martin Emergency Group, LLC
Houston, TX
ESTIMATED SCHEDULE OF PROJECT
Delivery of the items will occur within 210-240 days after receipt of order.
FISCAL INFORMATION
This purchase will be funded from Certificate of Obligation Bonds for FY 19-20 Vehicle and Equipment
Replacements.
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Declaration of Emergency
Exhibit 3: LLC Members
Exhibit 4: Ordinance
Respectfully submitted:
Lori Hewell, 940-349-7100
Purchasing Manager
For information concerning this acquisition, contact: Terry Kader, 940-349-8729.
Legal point of contact: Marcella Lunn at 940-349-8333.
374
DocuSign Envelope ID: A90140FA-4C3A-4EE4-BC1 E-CDEEB5565F37
File #:
Declaration of an Emergency
[TY Requisition
#:
oe
DENTON Date:
Vendor: Siddons-Martin Emergency Group
Commodity/Service: 2022 Pierce Custom Enforcer Pumper
Estimated expenditure for the above commodity or service: $
797,045
Initial all entries below that apply to the proposed purchase, under the Purchasing Procedures as
passed by City Council. (More than one entry may apply.)
1. KH Emergency situations, including procurements necessary to protect the public health
or safety or in response to a public calamity;
2. KH A procurement necessary because of unforeseen damage to public equipment,
machinery, or other property;
Brief Description/Justification for exception:
On both August 2 and August 26 the fire department experienced two motor vehicle
accidents in which fire engines were struck by oncoming vehicular traffic during emergency
operations on 1-35. Both fire engines sustained an amount of damage that repairs are not
cost effective based on the dollar amount and the age of the fire engines. A new fire engine
takes 7-14 months from issuance of a purchase order to arrive from the manufacturer. The
fire deparmtent needs an immediate replacement engine ordered to take delivery in
approximately 7-8 months to provide enough units for the expected fire protection coverage
for the city.
Respectfully Submitted by,
Digitally signed by
Kenneth
Kenneth Hedges
ate: 20
Hedges 13:5004-0500'2
Dept. Director Date
Approved by:
Reviewed by:
DocuSigned by: 9/2/2021
[—� Vi hWa
13E1D934887C40F...
Purchasing Manager Date
ES�
DocuSigned by:
H,I ,,, 9/2/2021
City Manager Date
Reviewed By:
L
DocuSigned by:9/2/2021
— (biaa. &
4B07083164AA438...
City Attorney Date
This form must be attached to a purchase requisition if the expenditure is under $50,000.
This form must be attached to a completed Agenda information Sheet if the expenditure exceeds $50,000.
Revised 3/11/2021
375
Certificate Of Completion
Envelope Id: A90140FA4C3A4EE4BC1ECDEEB5565F37
Subject: Please DocuSign: Declaration of Emergency-Fire.pdf
Source Envelope:
Document Pages: 1 Signatures: 3
Certificate Pages: 2 Initials: 0
AutoNav: Enabled
Envelopeld Stamping: Enabled
Time Zone: (UTC -06:00) Central Time (US & Canada)
Record Tracking
Status: Original
9/2/2021 4:12:47 PM
Signer Events
Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Marcella Lunn
Marcella.Lunn@cityofdenton.com
Catherine Clifton, Interim City Attorney
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure
Not Offered via DocuSign
Sara Hensley
sara.hensley@cityofdenton.com
Interim City Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events
Editor Delivery Events
Agent Delivery Events
Intermediary Delivery Events
Certified Delivery Events
Carbon Copy Events
Holder: Lori Hewell
lori.hewell@cityofdenton.com
Signature
DocuSigned by:
E
61(i hwa
t3E1D934887C40F...
Signature Adoption: Pre -selected Style
Using IP Address: 198.49.140.104
DocuSignetl by:�',t�I�)A,
C 83� 438 .
Signature Adoption: Pre -selected Style
Using IP Address: 68.185.202.16
Signed using mobile
C DocuSigned by:
DHC*
Signature Adoption: Pre -selected Style
Using IP Address: 198.49.140.10
Signature
Status
Status
Status
Status
Status
Status: Completed
Envelope Originator:
Lori Hewell
901 B Texas Street
Denton, TX 76209
lori.hewell@cityofdenton.com
IP Address: 198.49.140.104
Location: DocuSign
Timestamp
Sent: 9/2/2021 4:21:40 PM
Viewed: 9/2/2021 4:21:46 PM
Signed: 9/2/2021 4:21:50 PM
Sent: 9/2/2021 4:21:51 PM
Viewed: 9/2/2021 4:22:27 PM
Signed: 9/2/2021 4:23:04 PM
Sent: 9/2/2021 4:23:05 PM
Viewed: 9/2/2021 4:47:06 PM
Signed: 9/2/2021 4:47:11 PM
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
DocuSign
376
Witness Events
Signature
Timestamp
Notary Events
Signature
Timestamp
Envelope Summary Events
Status
Timestamps
Envelope Sent
Hashed/Encrypted
9/2/2021 4:21:40 PM
Certified Delivered
Security Checked
9/2/2021 4:47:06 PM
Signing Complete
Security Checked
9/2/2021 4:47:11 PM
Completed
Security Checked
9/2/2021 4:47:11 PM
Payment Events
Status
Timestamps
377
UCC Business Organizations Trademarks Notary ACCDuni Help/Fees Briefcase Logout
BUSINESS CRGAN17ATIONSINQUIRY-VIEW ENTITY
Filing Number:
601357547 Entity Type: Domestic Limited Liability Company (LLC)
Original Date of Filing:
December 17, 2010 Entity Status: In existence
Formation Date:
NIA
Tax 10:
12743335908 FEIN:
Duration:
Perpetual
Name:
SiddonsMartin Emergency Group, ILL C
Address:
1362 E RICHEY RD
Houston, TX 77073-3505 USA
Hadir6. —
UCC Business Organizations Trademarks Notary Account HelplFees Briefcase Logout
Filing Number: 803501936
Original Date of Filing: December23,2019
Formation Date:
NIA
Tax ID:
32672864631
Duration:
Perpetual
Name:
Siddons Martin Holding, Inc.
Address:
1362 E RICHEY RD
HOUSTON, Tx 77073-3505 USA
Entity Type: Domestic For -Profit Corporation
Entity Status: In existence
FEIN:
BUSINESS ORGANIZATIONS INQUIRY - VIEW ENTITY
REGEMRED ES nyuNAGEL�
-rum Nibirm Tnie
une 18,2(21 LEON MARTIN J, D RECTOS
IXRECTDR
ure 18, 2(121 JEFFREY KEISER Vr--E-FRES DEW
378
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME -RULE MUNICIPAL
CORPORATION, RATIFYING THE EXPENDITURE OF FUNDS BY THE CITY
MANAGER, THROUGH THE BUY BOARD COOPERATIVE PURCHASING NETWORK,
CONTRACT #571-18, FOR THE EMERGENCY PURCHASE OF ONE (1) PIERCE CUSTOM
ENFORCER PUMPER FOR THE FIRE DEPARTMENT; AND PROVIDING AN EFFECTIVE
DATE (FILE 7825 — AWARDED TO SIDDONS-MARTIN EMERGENCY GROUP, LLC, IN
THE NOT -TO -EXCEED AMOUNT OF $797,045.00).
WHEREAS, pursuant to Ordinance 2005-034, the Buy Board Cooperative Purchasing
Network 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 has recommended to the City Council that it is necessary
to purchase goods or services due to the following emergency conditions outlined in the
memorandum referenced herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council hereby determines that there is a public calamity that
makes it necessary to act at once to appropriate money to relieve the necessity of the citizens of
the city, or to provide for unforeseen damage to public property, machinery, or equipment, or to
preserve or protect the public health or safety of the city's residents and by reason thereof, the
following emergency purchases of materials, equipment, supplies, or services, as described in the
"Declaration of Emergency Memorandum" referenced herein and on file in the office of the
Purchasing Agent, are hereby approved including $177,365.93 for contingency related to any
additional expenditures needed to finalize remediation related to such emergency:
FILE
NUMBER VENDOR AMOUNT
7825 Siddons-Martin Emergency Group, LLC $797,045.00
SECTION 2. Because of such emergency, the City Manager, or designated employee, is
hereby authorized to purchase the materials, equipment, supplies, or services as described in the
Memorandum on file in the office of the Purchasing Agent, and to make payment therefore in the
amounts therein stated. Such emergency purchases, being in accordance with the provisions of
state law, exempt such purchases by the City from the requirements of competitive bids.
SECTION 3. The City Council of the City of Denton hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of
Denton under this ordinance to the City Manager of the City of Denton, or their designee.
379
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 . 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 12021.
GERARD HUDSPETH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
:•
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
Digitally signed by Marcella Lunn
DN: cn=Marcella Lunn, o, ou=City of
Denton, WA
email=marcella.lunn@cityofdenton.c
om,c=us
BY: Date: 2021.10.05 09:21:59 -05'00'
380
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
, %Iiiiimlim�
www.cityofdenton.com
DENTON
Legislation Text
File #: ID 21-2169, Version: 1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing
the City Manager to execute a contract with Airgas USA, LLC, for bulk shipments of liquid oxygen and
medical oxygen for the Water Production and Fire Departments; providing for the expenditure of funds
therefor; and providing an effective date (IFB-BV 7806 - awarded to Airgas USA, LLC, 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
$1,300,000.00).
City of Denton Page 1 of 1 Printed on 10/8/2021
powered by Legistar' 381
41.1100�1
DENTON
City of Denton
AGENDA INFORMATION SHEET
DEPARTMENT: Procurement & Compliance
ACM: David Gaines
DATE: October 12, 2021
SUBJECT
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation,
authorizing the City Manager to execute a contract with Airgas USA, LLC, for bulk shipments of liquid
oxygen and medical oxygen for the Water Production and Fire Departments; providing for the expenditure
of funds therefor; and providing an effective date (IFB-BV 7806 — awarded to Airgas USA, LLC, 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 $1,300,000.00).
INFORMATION/BACKGROUND
The Water Production and Fire Departments utilize oxygen in varying forms to meet the treatment
requirements for individuals, and water purification for the City of Denton and surrounding communities.
The last chemical contract for Liquid Oxygen was established in 2017, and the previous contract expires
near the end of this fiscal year.
As reviewed by the Water and Fire staff, the highest evaluated vendor was selected. This bid has been
selected based on the vendor's capability to meet specifications as well as price. This contract will allow
for the chemical vendor to provide quality and logistically reliable products to the Water and Fire Facilities.
Department
Amount
Water Production
$575,000.00
Fire Department
$608,520.00
Contingency - 10%
$116,480.00
Total:
$1,300,000.00
Invitations for Bids for Best Value were sent to 160 prospective suppliers, including three (3) 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. One (1) bid was received, and references were
checked to ensure the vendor can provide the services requested in the Scope of Work. The proposal was
evaluated based upon published criteria including price, probable performance, and compliance with
specifications. The department is awarding the contract to Airgas USA, LLC.
382
NIGP Code Used for Solicitation:
430 - Gases, Containers, Equipment:
Laboratory, Medical, and Welding &
885 - Water and Wastewater Treating
Chemicals
Notifications sent for Solicitation sent in IonWave:
160
Number of Suppliers that viewed Solicitation in IonWave:
6
HUB -Historically Underutilized Business Invitations sent out:
10
SBE -Small Business Enterprise Invitations sent out:
62
Responses from Solicitation:
1
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On October 11, 2021, this item will be presented to the Public Utilities Board (PUB) for consideration.
RECOMMENDATION
Award a contract with Airgas USA, LLC, for bulk shipments of liquid oxygen and medical oxygen for the
Water Production and Fire Departments, 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 $1,300,000.
PRINCIPAL PLACE OF BUSINESS
Airgas USA, LLC
Denton, 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 items will be funded from the using department's budget. Requisitions will be entered on an as -
needed basis. The budgeted amount for this item is $1,300,000. 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: LLC Members
Exhibit 3: Ordinance and Contract
Respectfully submitted:
Lori Hewell, 940-349-7100
Purchasing Manager
For information concerning this acquisition, contact: Daniel Parish, 940-349-7522.
Legal point of contact: Marcella Lunn at 940-349-8333.
383
UCC Business Organizations Trademarks Notary Aocount HelplFees Briefcase Logout
7
Filing Number. 801511221 Entity Type: Foreign Limited Liability Company {LLC)
Original Date of Filing: November 21, 2011 Entity Status: In existence
Formation Date: NIA
Tax IB: 14531537349 FEIN:
Name:
Airgas USA, LLC
Address:
259 N. Radnor -Chester Rd. Ste 100
PETER MCCAr1S-AV�
Radnor, PA 19097 USA
Fictitious Name:
NIA
Jurisdiction:
BE, USA
Foreign Formation
September 1, 2011
Date:
MICHAEL L MDLININI
BUSINESS ORGAN RATIONS INQUIRY -VIEW ENTITY
L-tUpdate
Nave
TH.
A4u.36. 2614
PETER MCCAr1S-AV�
E%E�_
AYgict 36, 2014
DIRECTOR
A4u.36. 2x14
MICHAELL MDLININI
PRESIDEN-
!.gust 36, 2614
MICHAEL L MDLININI
CHIEF EXECIIrIVE OFFICER
A.gLa: oC. C.204
NI CHACL L MDJN6L
� P.ECTOI
August 36, 2614
= THI M SMYTH
VICE PRESIDENT
384
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME -RULE MUNICIPAL
CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
WITH AIRGAS USA, LLC, FOR BULK SHIPMENTS OF LIQUID OXYGEN AND
MEDICAL OXYGEN FOR THE WATER PRODUCTION AND FIRE DEPARTMENTS;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE (IFB-BV 7806 — AWARDED TO AIRGAS USA, LLC, 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 $1,300,000.00).
WHEREAS, the City has solicited, received, and tabulated competitive best value bids,
for the purchase of necessary materials, equipment, supplies, or services in accordance with the
procedures of State law and City ordinances based on the best value as determined by using the
selection criteria set forth in the request for bids; and
WHEREAS, the City's selection committee has reviewed and recommended that the
herein described bids are the best value based on the selection criteria for the materials,
equipment, supplies, or services as shown in the "Bid Proposals" submitted; and
WHEREAS, the City's Purchasing Agent has determined that the best value bid process
provides the best value to the City for this procurement; 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
7806 Airgas USA, LLC $1,300,000.00
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.
385
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 their designated representative, is hereby authorized to execute a written contract,
which shall be attached hereto, 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.
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
ATTEST:
ROSA RIOS, CITY SECRETARY
IBM
386
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
Digitally signed by Marcella Lunn
DN: cn=Marcella Lunn, o, ou=City
A �, p I k ,' of Denton,
�,1�t �Jkmd email=marcella.lunn@cityofdento
n.com, c=US
BY: Date: 2021.10.05 09:19:40 -05'00'
387
DocuSign Envelope ID: DFE52D76-C8DC-4CA3-A5F6-FA67CF056AC2
I CITY
OF
DENTON
Docusign City Council Transmittal Coversheet
IFB
7806
File Name
LIQUID OXYGEN AND MEDICAL OXYGEN
Purchasing Contact
Crystal Westbrook
City Council Target Date
Piggy Back Option
Yes
Contract Expiration
Ordinance
EDS
R
388
DocuSign Envelope ID: DFE52D76-C8DC-4CA3-A5F6-FA67CF056AC2
CONTRACT BY AND BETWEEN
CITY OF DENTON, TEXAS AND AIRGAS USA, LLC
(Contract #7806)
THIS CONTRACT is made and entered into this date , by
and between AIRGAS USA, LLC, a Delaware Limited Liability Company whose address is 1139
Fort Worth Drive, Denton, TX 76205, 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 IFB #7806 Liquid Oxygen
and Medical Oxygen, a copy of which is on file at the office of Purchasing Agent and incorporated
herein for all purposes. The Contract consists of this written agreement and the following items
which are attached hereto, or on file, and incorporated herein by reference:
(a) Special Terms and Conditions (Exhibit "A");
(b) City of Denton's IFB #7806 (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
business with Iran, Sudan, or a foreign terrorist organization. By signing this agreement, Contractor
Contract 7806
389
DocuSign Envelope ID: DFE52D76-C8DC-4CA3-A5F6-FA67CF056AC2
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.
DocuSigned by:
CO T , TXR CITY OF DENTON, TEXAS
BY:
AUTHORIZED SIGNATURE BY:
Printed Name: Bill ziots
Title: VP
4698315210
PHONE NUMBER
bill.ziots@airgas.com
EMAIL ADDRESS
bill.ziots@airgas.com
TEXAS ETHICS COMMISSION
1295 CERTIFICATE NUMBER
Contract 7806
ATTEST:
ROSA RIOS, CITY SECRETARY
:•
APPROVED AS TO LEGAL FORM:
DocuSigned by:
BY: I V�o83A43
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational obligations
and business terms.
DocuSigned by:
aa� Stephen D. Gay
FFRdARRQ7�AFddQ
SIGNATURE PRINTED NAME
Director, water utilities
TITLE
water utilities
DEPARTMENT
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Exhibit A
Special Terms and Conditions
1. The Ouantities
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_(a,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 three (3) 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 shall not exceed $1,300,000.00. Pricing shall be per Exhibit E attached.
7. Delivery Lead Time
Products or services will be delivered 4-10 days after the receipt of order from the City.
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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F,xhihit r
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 parry to the Contract in good faith has reason to
question the other party's intent to perform, demand may be made to the other parry 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 parry; 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 parry
may make a written request for a meeting between representatives of each parry 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. 1 O - 1Od) 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".
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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.
Contract 7806
410
DocuSign Envelope ID: DFE52D76-C8DC-4CA3-A5F6-FA67CF056AC2
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 Parry 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
Contract 7806
411
DocuSign Envelope ID: DFE52D76-C8DC-4CA3-A5F6-FA67CF056AC2
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_forml295.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�b,cityofdenton.com with the contract number in the subject line.
(EX: Contract 1234 — Form 1295)
The City must acknowledge the receipt of the filed Form 1295 not later than the 30th day after
Council award. Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics
Commission's website within seven business days.
Contract 7806
CIVA
DocuSign Envelope ID: DFE52D76-C8DC-4CA3-A5F6-FA67CF056AC2
406
t 7806 Addendum 1 - Page 1
CAM 01 1
Airgas USA, LLC
Line #
Description
QTY
UOM
Unit
SECTION A WATER TREATMENT CHEMICALS
Liquid Oxygen 99.5% Volume (Bulk - 30,000 to 45,000 pound shipments)
2
Delivery Location: Lake Lewisville Water Treatment Plant, 1701-8 Spencer
Rd. Denton, TX 76205
950000 lbs
$0.05
Liquid Oxygen 99.5% Volume (Bulk - 30,000 to 45,000 pound shipments)
3
Delivery Location: Lake Ray Roberts Water Treatment Plant 9401 Lake
Ray Roberts Dam Rd. Aubrey, TX 76227
950000 lbs
$0.05
SECTION B FIRE CHEMICALS OXYGEN
5
MEDICAL USP GRADE OXYGEN size H, 251 CU. FT., CGA 540
30
EA
$20.00
6
MEDICAL USP GRADE OXYGEN size D, 15 CU. FT., CGA 870
200
EA
$8.00
7
INDUSTRIAL GRADE OXYGEN a. Size: Cylinder size 20, CGA 540
6
EA
$10.00
8
ACETYLENE a. Size: Cylinder size MC, CGA 200
6
EA
$22.00
9
NITROGEN a. Size: City of Denton will provide cylinders to be refilled.
2500
CF
$20.00
10
UN1951 ARGON, REFRIGERATED LIQUID 2.2, standard cubic foot (SCF)
7600
SCF
$9.12
406
t 7806 Addendum 1 - Page 1
DocuSign Envelope ID: DFE52D76-C8DC-4CA3-A5F6-FA67CF056AC2
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. AIRGAS USA, LLC
2 El
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 7 1 business day
after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)
3 1 Name of local government officer about whom the information in this section is being disclosed.
NA
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.
NA
4
❑I have no Conflict of Interest to disclose.
5 DocuSigned by:
�.0 Z43 9/28/2021
Sig &4Wq §4dlWWng business with the governmental entity Date
414
Certificate Of Completion
Envelope Id: DFE52D76C8DC4CA3A5F6FA67CF056AC2
Subject: Please DocuSign: City Council Contract 7806 --Liquid Oxygen and Medical Oxygen
Source Envelope:
Document Pages: 27 Signatures: 4
Certificate Pages: 6 Initials: 1
AutoNav: Enabled
Envelopeld Stamping: Enabled
Time Zone: (UTC -06:00) Central Time (US & Canada)
Record Tracking
Status: Original
9/27/2021 3:13:50 PM
Signer Events
Crystal Westbrook
crystal.westbrook@cityofdenton.com
Senior Buyer
City of Denton
Security Level: Email, Account Authentication
(None)
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)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Marcella Lunn
marcella.lunn@cityofdenton.com
Catherine Clifton, Interim City Attorney
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Bill Zlots
bill.ziots@airgas.com
VP
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 9/28/2021 1:29:14 PM
ID:da066ldc-437d-44ec-85a8-a7bca7l996b1
Holder: Crystal Westbrook
crystal.westbrook@cityofdenton.com
Signature
Completed
Using IP Address: 198.49.140.104
EiDS
Signature Adoption: Pre -selected Style
Using IP Address: 47.184.107.30
DocuSigned by:
C 8 RA 43
Signature Adoption: Pre -selected Style
Using IP Address: 68.185.202.16
ED,C"Si,n,d by:
,u a4i
44842C38040E46B...
Signature Adoption: Pre -selected Style
Using IP Address: 165.225.34.60
DocuSign
Status: Sent
Envelope Originator:
Crystal Westbrook
901 B Texas Street
Denton, TX 76209
crystal.westbrook@cityofdenton.com
IP Address: 198.49.140.104
Location: DocuSign
Timestamp
Sent: 9/27/2021 3:19:19 PM
Viewed: 9/27/2021 3:20:35 PM
Signed: 9/27/2021 3:22:04 PM
Sent: 9/27/2021 3:22:06 PM
Viewed: 9/28/2021 8:07:53 AM
Signed: 9/28/2021 8:09:44 AM
Sent: 9/28/2021 8:09:47 AM
Viewed: 9/28/2021 10:01:02 AM
Signed: 9/28/2021 10:37:57 AM
Sent: 9/28/2021 10:37:59 AM
Viewed: 9/28/2021 1:29:14 PM
Signed: 9/28/2021 1:32:24 PM
415
Signer Events
Stephen D. Gay
stephen.gay@cityofdenton.com
Director, Water Utilities
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 9/28/2021 1:36:36 PM
ID: 28a48406 -9d 2e-43a5-85bf-5e428a 08b3c 1
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Contract Administrator
City of Denton
Security Level: Email, Account Authentication
(None)
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: 9/29/2021 2:14:05 PM
ID:f0e3d2be-770c-4e1f-968a-Oed58d499a72
In Person Signer Events
Editor Delivery Events
Agent Delivery Events
Intermediary Delivery Events
Certified Delivery Events
Carbon Copy Events
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Contract Administrator
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Signature
ED—Sign1d by:
FEB48BB9726E4A9...
Signature Adoption: Pre -selected Style
Using IP Address: 198.49.140.10
Signature
Status
Status
Status
Status
Status
PIED
Timestamp
Sent: 9/28/2021 1:32:26 PM
Viewed: 9/28/2021 1:36:36 PM
Signed: 9/28/2021 1:43:20 PM
►Y7'iiirF�lf��:lf��lY�i�iK�C3f��t����l
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
Sent: 9/27/2021 3:22:06 PM
416
Carbon Copy Events Status Timestamp
Gretna Jones Sent: 9/28/2021 1:43:23 PM
gretna.jones@cityofdenton.com ED Viewed: 9/30/2021 8:17:30 AM
Legal Secretary
City of Denton
Security Level: Email, Account Authentication
(None)
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
Daniel Parish
daniel.parish@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 9/16/2021 10:38:06 AM
ID: 14ef2576-83da-49f7-a073-77801637cc57
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 9/27/2021 3:19:19 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
417
Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Bill Ziots, Stephen D. Gay, Rosa Rios, Daniel Parish
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Denton (we, us or Company) may be required by law to provide to
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418
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419
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420
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
, %Iiiiimlim�
www.cityofdenton.com
DENTON
Legislation Text
File #: ID 21-1757, Version: 1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton approving an agreement with the Denton Parks
Foundation to allow the Denton Parks Foundation to raise funds and support programming for the Parks and
Recreation Department; authorizing the City Manager or designee to execute the Denton Parks Foundation
agreement and carry out the duties of the City therein; authorizing the expenditure of funding; and providing an
effective date.
City of Denton Page 1 of 1 Printed on 10/8/2021
powered by Legistar' 421
11'1%1_0201�
DENTON
AGENDA INFORMATION SHEET
DEPARTMENT: Parks and Recreation
DCM: David Gaines, Interim Deputy City Manager
DATE: October 12, 2021
SUBJECT
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
Consider adoption of an ordinance of the City of Denton approving an agreement between the Denton Parks
Foundation and the City of Denton to allow the Denton Parks Foundation to raise funds and support
programming for the Parks and Recreation Department; authorizing the city manager or designee to execute
the Denton Parks Foundation agreement; and carry out the duties of the City therein; authorizing the
expenditure of funding therefor; and providing an effective date.
BACKGROUND
On August 7, 2018, City Council authorized the City Manager to execute year one of the agreement between
the City of Denton and the Denton Parks Foundation to allow the foundation to fundraise for scholarships
and special Parks and Recreation capital projects as outlined in an annual work plan. Each year, a
representative from the Parks Foundation provides an annual report of the Foundation's budget and prior
year's activities to the Parks, Recreation, and Beautification Board and the City Council.
The FY2019-2020 report was presented by Parks and Recreation during the annual department budget
presentation on August 1, 2019. This presentation included slides and comments from Tim Smith, Parks
Foundation President, and a draft annual plan was presented to City Council for review and comment.
The FY2020-21 proposed agreement was written to clarify the respective roles of the Denton Parks and
Recreation Department and Denton Parks Foundation and includes a one-year term effective from October
1, 2020 until September 30, 2021. In addition, the agreement outlined the annual donor plan goals for the
Denton Parks Foundation.
On July 12, 2021, Parks and Recreation presented the agreement to the Parks, Recreation and Beautification
Board and was recommended (6-0). In addition, the agreement and annual work plan was presented by the
Park Foundation, Executive Director to City Council on July 20, 2021.
RECOMMENDATION
Parks and Recreation staff support the efforts that the Denton Parks Foundation is working on to help
advance community improvement efforts and engagement. The impact of the pandemic has caused
significant delays and cancelations of several activities that the Parks Foundation had developed.
Hopefully, over the course of the next year, these activities can resume.
ESTIMATED SCHEDULE OF PROJECT
If approved by City Council, the agreement will be executed, and Parks and Recreation and the Denton
Parks Foundation will move forward in implementing programs and fundraising efforts.
Ely*a
OPERATIONAL IMPACT
The Denton Parks Foundation helps the department increase awareness of the benefits of Parks and
Recreation as well as raise funds to help improve the park system.
FISCAL INFORMATION
The City's financial obligation of $76,500 for contracted expenses made for the management and operations
of the Denton Parks Foundation will be funded from account 400001.7879 (Outside Contracted Services).
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
On July 12, 2021, the Parks, Recreation and Beautification Board approved the draft agreement (6-0).
On July 20, 2021, The City Council was presented a draft agreement and annual plan.
EXHIBITS
Exhibit 1
— Agenda Information Sheet
Exhibit 2
— Ordinance
Exhibit 3
— Agreement
Respectfully submitted:
Gary Packan
Director of Parks and Recreation
Prepared by:
Gary Packan, Director, Parks and Recreation
423
•.0I\:\ \•
AN ORDINANCE OF THE CITY OF DENTON APPROVING AN AGREEMENT WITH THE
DENTON PARKS FOUNDATION TO ALLOW THE DENTON PARKS FOUNDATION TO
RAISE FUNDS AND SUPPORT PROGRAMMING FOR THE PARKS AND RECREATION
DEPARTMENT; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE
THE DENTON PARKS FOUNDATION AGREEMENT AND CARRY OUT THE DUTIES OF
THE CITY THEREIN; AUTHORIZING THE EXPENDITURE OF FUNDING; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City owns and maintains public parks and facilities, trails, activities,
programs, projects, and initiatives throughout the City of Denton; and
WHEREAS, the Denton Parks and Recreation Department's mission is to enrich the
lives of all Denton residents through environmental enhancements and a diverse offering of
recreational, educational, and cultural services; and
WHEREAS, providing quality recreational facilities and programs to meet the needs
and expectations of Denton's citizens at times costs more than City tax monies and other
revenues can provide, and it is at times necessary for the Parks and Recreation Department to
obtain funds from outside private sources to augment the annual operating budget of the
department to help ensure it fulfills its mission; and
WHEREAS, the Denton Parks Foundation was formed on May 22, 1987, and was
chartered as a non-profit corporation with the purposes of maintaining an association of persons
interested in promoting the programs of the Denton Parks and Recreation Department,
including its youth activities, programs for the disabled, senior citizen activities, and improving
the public parks, parkways, and the public awareness the opportunities for improving health and
well-being through use of the public facilities and programs available to the citizens of Denton;
and
WHEREAS, the Foundation has engaged in fundraising activities for the benefit of the
Parks and Recreation Department and the continuation of these activities is essential to the
maintenance of the Parks and Recreation Department as a high-caliber parks and recreation
program serving the needs of Denton residents; and
WHEREAS, on October 20, 2020, City Council authorized the City Manager to execute
year one of the agreement with the Denton Parks Foundation which expires September 30, 2021;
and
WHEREAS, the City of Denton and the Denton Parks Foundation desire to continue a
contractual relationship between the parties through an Agreement to approve their respective
roles, responsibilities, rights, and obligations; and
WHEREAS, the City Council has found and determined that the Agreement is in the
public interest; NOW, THEREFORE:
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THE COUNCIL OF THE CITY OF DENTON ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. The Denton Parks Foundation Agreement, attached hereto, is approved and
the City Manager, or designee, is authorized to execute the Agreement on behalf of the City of
Denton.
SECTION 3. The City Manager, or designee, is further authorized to carry out all duties
and obligations of the City pursuant to and under the Agreement, including, but not limited to, the
expenditure of funds.
SECTION 4. The 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 L. 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
Page 2 425
ATTEST:
ROSA RIOS, CITY SECRETARY
:•
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
Page 3 426
STATE OF TEXAS §
COUNTY OF DENTON §
I-
04
AGREEMENT BETWEEN
THE CITY OF DENTON
AND THE DENTON PARKS
FOUNDATION
THIS AGREEMENT is made and entered into as of the day of
, 2021 between the City of Denton, a Texas home rule municipal
corporation, hereinafter referred to as the "City", and the Denton Parks Foundation, a not for profit
corporation, hereinafter referred to as the "Foundation".
WHEREAS, the City and the Foundation provide and make available certain services
and benefits to each other, and
WHEREAS, the City owns and maintains public parks and facilities, trails, activities,
programs, projects, and initiatives (collectively, "Parks") throughout the City of Denton; and
WHEREAS, the Denton Parks and Recreation Department ("DPARD") is a department
of the City of Denton, a municipal corporation, whose mission is to enrich the lives of al I Denton
Citizens through environmental enhancements and a diverse offering of recreational,
educational, and cultural services, and
WHEREAS, providing quality recreational facilities and programs to meet the needs
and expectations of Denton's citizens often costs more than City tax monies and other revenues
can provide, and it is often necessary for DPARD to obtain funds from outside private sources
to augment the annual operating budget of the DPARD to assure that the DPARD fulfills its
mission, and
WHEREAS, the Foundation was formed on May 22, 1957, and was chartered as a Texas
Corporation on December 21, 1987, and is duly qualified as a Section 501(c)(3), IRC non-profit
Foundation. The Articles of Association of the Foundation set forth its purpose as being a non -
policy making and non-profit organization to maintain an association of persons interested in
promoting the programs of the DPARD, including its youth activities, programs for the
disabled, senior citizen activities, and improving the public parks, parkways, and the public
awareness of the opportunities for improving health and well-being through use of the public
facilities and programs available to the Citizens of Denton. The Foundation was generally
formed for the purpose of supporting the activities, programs, and facilities of the DPARD, and
WHEREAS, the Foundation was formed to perform the following activities, which are
legitimate public purposes, to wit:
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(a) to enlist, direct, organize, and encourage community interest and involvement in the
acquisition and development of park areas and facilities in Denton,
(b) to promote, solicit, and encourage contributions from individuals, groups, and
organizations, of monies, property, and other items of value by donation, dedication,
gift, or bequest, which will benefit the development of existing and future recreation
and park services and facilities in Denton, and
(c) to receive, hold, invest, or donate monies or property for benefit of developing
existing and future recreation and park services and facilities in Denton;
WHEREAS, the Foundation has engaged in extensive fundraising activities for the
benefit of the DPARD, and has provided significant support to the DPARD's parks, programs,
and facilities. The continuation of these activities is essential to the maintenance of the DPARD
as a high-caliber parks and recreation program serving the needs of Denton's Citizens, and
WHEREAS, the DPARD and the Foundation coordinate and work in tandem with the
common objective of seeking to assure, by the most cost-effective means possible, that the needs
and expectations of Denton's Citizens regarding quality parks and recreational facilities and
programs are met or exceeded, and
WHEREAS, DPARD and the Foundation are committed to operating with full
transparency within their designated roles and consistent with the reasonable expectations of the
public and adopt this Agreement to serve as the governing document over the functions, financial
relationship, and fundraising and expenditure of funds on behalf or for the benefit of DPARD
and the Foundation, their employees, assets, programs or events, and
WHEREAS, this Agreement establishes a governing document defining the relationship
and operations of the City and the Foundation and ensuring accountability regarding the financial
transactions by and between the City and the Foundation; and
WHEREAS, DPARD and the Foundation desire to ratify and approve for the future,
what their respective roles, responsibilities, rights, and obligations are, to each other in this
relationship
NOW THEREFORE, in consideration of the covenants, promises, terms, and
provisions contained herein, and for the considerations expressed herein, the City and the
Foundation mutually AGREE to the following:
ARTICLE I
SERVICES TO BE PROVIDED BY THE FOUNDATION
The Foundation represents, acknowledges, warrants, and agrees to perform and provide
the following regarding its operation, purpose, and services provided for the benefit of the City
of Denton Parks and Recreation Department:
(1) Purpose. The Foundation was formed and exists to maintain an association of
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persons interested in promoting the programs of the DPARD, including its youth
activities, programs for the disabled, senior citizen activities, and improving the
public parks, parkways, and the public awareness of the opportunities for improving
health and well-being through use of the public facilities and programs available to
the Citizens of Denton, and raises, receives, and distributes funds in support of
DPARD's mission and goals.
(2) Mission. The Foundation supports the activities, programs, and facilities of DPARD
and shall align its mission and goals with DPARD's mission and goals.
(3) Independent. The Foundation operates as a private legal entity separate from the
City. This Agreement does not in any way constitute a joint venture or create a
principal -agent relationship between the City and the Foundation. Neither party will
assert control over the operations of the other party.
(4) Charitable Organization. The Foundation has been established as a tax-exempt
corporation formed under the laws of the State of Texas and shall maintain its status
as a tax-exempt 501(c)(3) charitable organization under state and federal law to
ensure that donations to the Foundation may qualify as deductible, charitable
contributions for its donors.
(5) Fundraising. The Foundation designs, formulates, and executes fundraising
activities to secure, administer, and provide funds, property, services. or other
benefits to the DPARD in accordance with following procedures and requirements:
a. The Foundation plans and coordinates fundraising and marketing activities
with the DPARD in alignment with the City's strategic and capital plans. The
Foundation conducts research of individuals, foundations, and corporations
who might be best qualified as prospective donors of the Foundation and the
DPARD.
b. The Foundation shall continue to support and fundraise for the Parks projects,
improvements and initiatives included in the Denton Parks Foundation
Annual Fundraising Capital Plan ("Annual Plan") attached hereto as Exhibit
1 and incorporated herein for all purposes. The Annual Plan relates to
fundraising efforts of the Foundation to benefit the Parks and does not prevent
or limit the Foundation from supporting and fundraising efforts on behalf of
other non -City entities.
c. If the term of this Agreement is renewed in accordance with Article III, the
Foundation shall provide an updated Annual Plan describing new fundraising
initiatives for the Parks, which updated Annual Plan shall be submitted to
DPARD for review and comment, be presented to the Parks, Recreation and
Beautification Board for its review and comment, and receive the approval of
the Denton City Council to ensure that the Foundation's fundraising and
marketing activities are in alignment with the City's strategic and capital
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plans. New Foundation fundraising initiatives which are not included on the
Annual Plan but are anticipated to raise less than Twenty -Five Thousand
Dollars ($25,000) may be approved by the DPARD Director. The Foundation
does not represent or act as an agent of the City when fundraising and will not
utilize the Parks or other City property and equipment for fundraising
activities without the prior written approval of the DPARD Director.
d. The Foundation shall receive, process, administer, and distribute gifts in
accordance with this Agreement, the donors' instructions or wishes, and the
Denton Parks Foundation Donation Policies, Gift Acceptance, and Financial
Procedures ("Foundation Policy") attached hereto as Exhibit 2 and
incorporated herein for all purposes.
e. The Foundation shall acknowledge all gifts with appropriate receipts and
correspondence in accordance with the Foundation Policy, and coordinate
acknowledgments with the DPARD, if applicable.
f. A donation of money or in-kind support from the City to the Foundation or
the installation of a Foundation project at the Parks shall only be authorized
in accordance with a service agreement approved by the Denton City Council.
g. The Foundation shall perform such other reasonably necessary fundraising
functions and activities which the DPARD cannot provide itself.
(6) Administration. The Foundation administers funds, property, services, or other
benefits in accordance with following procedures and requirements:
a. The Foundation shall administer and invest funds it receives for the benefit of
the Parks. The Foundation shall function essentially as a fiduciary entity on
behalf of the donor of a gift and on behalf of the DPARD program or activity
to be funded or benefited by the gift to ensure the funds are used for the
intended purpose of the donor.
b. The Foundation ensures that accurate and timely gift and pledge records are
prepared, maintained, and preserved in accordance with the Foundation
Policy.
c. The Foundation shall maintain records and accounts that accurately document
all funds received by the Foundation and all costs incurred by Foundation,
including funds received directly and indirectly and in-kind donations related
to DPARD and provide quarterly reports to the City detailing Foundation
activities conducted during that period, including but not limited to:
i. Itemized youth scholarship dollars received and disbursements,
ii. Volunteer hours provided to the Parks and City and their value if the
Foundation keeps records of such hours (the Foundation's tracking of
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this information is voluntary),
iii. Itemized donations, both cash and in-kind, received and
disbursements to DPARD, and
iv. In-kind services provided by the City to the Foundation. DPARD
shall determine and calculate the monetary value of in-kind transfers
of the City to the Foundation, including but not limited to, use of
Parks, City employee time, office space, utilities, telephone service,
and WIFI access.
d. The Foundation shall provide a report to the Denton City Council annually to
summarize the Foundation's financial information and benefit to the City,
including itemized donations, contributions, and in-kind contributions to the
City,
e. At the close of each fiscal year, an independent certified public accounting
firm will be engaged by the Foundation to account for and audit or financial
review of all funds and properties received, and to render a report to the Board
of Directors of the Foundation and to the DPARD Director.
(7) Disbursements. The Foundation administers disbursements of funds, property,
services. or other benefits in accordance with following procedures and requirements:
a. Disbursements from Foundation accounts, and any distribution of property or
services provided to the DPARD by the Foundation, will be supervised by the
Foundation's treasurer and President, and will be made only for expenditures
consistent with the explicit purposes for which the accounts were established
and any restrictions stipulated by the donors. Each disbursement shall be fully
documented and included in quarterly reports to City Council.
b. Upon the appropriation of funds by the Foundation and transfer of such funds
to the City for expenditures intended to benefit the Parks, the Foundation shall
transfer such funds to a designated City fund in order to ensure that City
financial controls and requirements are implemented and followed for the
expenditures of such funds.
(8) Specific Funds. The City shall collect Youth Sports Enhancement fees. The
Foundation shall provide an accounting to the City of the Youth Sports Enhancement
fees collected and disbursed by the Foundation and remit Youth Sports Enhancement
fees collected up to the date of the execution of this Agreement to DPARD for sports
related park improvements to City athletic fields. The Foundation shall remit the
balance of the morale fund and scholarship fund and all revenues collected up to the
date of the execution of this Agreement for the morale fund and scholarship fund to
DPARD to be used for the Parks. The Foundation shall maintain adequate records
to establish that the City funds provided to the Foundation are used for the purposes
authorized by this Agreement.
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(9) Executive Director. The Foundation shall employ an executive director and
administrative support staff to carry out the functions of the Foundation in
accordance with this Agreement. The executive director and administrative support
staff are employees of the Foundation and shall not be nor considered to be
employees of the City and shall not be entitled to any payment or benefit from the
City on account of services performed pursuant to this Agreement.
(10) Conflict of Interest. The Foundation covenants that:
a. Neither it not 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,
b. In the performance of this Agreement, no person having such interest shall be
employed or appointed as a member of its governing body,
c. 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,
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 personal interest or the interest in
any corporation, partnership, or foundation in which he has direct or indirect
interest, and
e. It shall perform annual conflict of interest disclosures for its Board, Directors,
and employees that identifies business relationships and family.
ARTICLE II
OBLIGATIONS OF THE CITY OF
DENTON PARKS AND RECREATION
DEPARTMENT
The City of Denton, through its Parks and Recreation Department, will provide the
following to the Foundation:
(1) Seventy -Six Thousand Five Hundred Dollars and No Cents ($76,500.00) shall be
paid to the Foundation by the City in fiscal year 2021-22 to be utilized for the
purposes set forth in Article I,
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(2) One office space of approximately 100 square feet in the offices of the Denton Parks
and Recreation Department at the Service Center at 910 Texas Street, Denton, Texas
to the Foundation, to carry out its functions and obligations to the DPARD,
(3) Utilities, telephone service. and access to public WIFI reasonably needed by the
Foundation to carry out its activities at the Service Center as authorized in City's
annual operating budget,
(4) Planning and installation support and supervision for projects or programs such as
the placement and 1 or installation of equipment and legacy items such as memorial
benches and trees,
(5) Identify projects, initiatives, and other items with which the Foundation can provide
fundraising support in order to complete or purchase,
(6) Require that a receipt of money donated to the City be documented through a written
donor agreement or receipt and record donations received by the City and related
expenses into the City's recordkeeping software,
(7) Allow the Foundation to support and fundraise for seasonal programs or
organizations that are unaffiliated with the City. such as Juneteenth. Cinco de Mayo,
and the Senior Advisory Committee,
(8) Provide approximately 275 square feet of rental space inside the Denton Senior
Center for the Senior Advisory Committee craft store initiative at a discounted rate
of $25 per year. The Foundation will provide oversight to the financial operations of
the craft store and provide reports to the City as requested,
(9) A commitment to accept and use gifts from the Foundation in accordance with the
Foundation's and the respective donors' wishes. The DPARD shall not utilize or
assume control of Foundation gifts or assets until the same are transferred from the
Foundation to the DPARD, and
(10) Compliance with the City's Ethics Ordinance, as amended.
ARTICLE III
THE TERM OF
AGREEMENT
To the extent allowed by state law, this Agreement shall be effective from the execution
date and shall remain in full force and effect until September 30, 2022. This agreement may be
renewed for one (1) additional one (1) year period if the City and Foundation agree in writing to
extend the term of the Agreement prior to the termination of each one (1) year term. The City
or Foundation shall have the right to terminate the Agreement, in whole or in part, without cause
any time upon thirty (30) calendar days' prior written notice. Upon receipt of a notice of
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termination, the Foundation shall promptly cease all further work pursuant to the Agreement,
with such exceptions, if any, specified in the notice of termination.
ARTICLE IV
ASSURANCES BY THE
PARTIES
The following is a list of representations, assurances, understanding, policies, procedures, and
agreements regarding the roles, relationship, and functions of the City and the Foundation in
their working relationship pursuant to this Agreement:
A. The City owns the Parks and any fixture located in the Parks. In the absence of an agreement
providing otherwise, title to any fixture donated by the Foundation to the City and installed
in the Parks shall vest in the City upon completion of construction or installation and
acceptance by the City.
B. The City has exclusive authority to make all decisions regarding the Parks.
C. The Board of Directors of the Foundation assures the DPARD that the activities of the
Foundation will be in support of the objectives, goals, and priorities of the DPARD, as
communicated to it by the City, and the Parks and Recreation Master Plan, as amended. The
City assures the Foundation that the resources made available to the DPARD by the
Foundation, will be allocated and utilized properly and in accordance with applicable laws,
ordinances, policies, and procedures.
D. Any agreement between the Foundation and City that is not within the scope of the terms of
this Agreement shall receive the prior approval of the City Council.
E. The Foundation has no authority to supervise, direct, control, or demand that a City employee
perform any function on behalf of the Foundation. If not otherwise governed by a service
agreement approved by the Denton City Council, a Foundation request for administrative
support of the Foundation by a City employee shall be submitted to the DPARD Director,
who shall have discretion to approve such request. All support of the Foundation by a City
employee shall be accounted for as an in-kind contribution of the City to the Foundation.
F. Capital construction activities on City property supported in whole or in part by Foundation
funds shall follow all City procedures governing such projects and building code
requirements, if applicable.
G. The City shall have the right to oversee all infrastructure and capital improvement work
performed on the Parks. The City has the right to suspend or discontinue a Foundation
project, improvement, or initiative in the Parks, and in such event shall return any funds
donated by the Foundation to the City for the suspended or discontinued project.
H. All work performed by or on behalf of the Foundation is the responsibility of the Foundation
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and not the City. The City shall not be deemed liable for any act, omission, or obligation of
the Foundation. The Foundation shall provide the terms of this Agreement and training
related to the Foundation's obligations under this Agreement to its Board of Directors,
executive director, and administrative staff.
I. The Foundation may not operate donor or sponsor recognition programs in the Parks unless
the City Council approves the program or adopts a policy governing such programs and the
Foundation complies with the policy.
J. This Agreement does not grant the Foundation a right to use the City's name and trademarks.
K. Any personnel employed by or volunteering on behalf of the Foundation shall be deemed
employees or volunteers respectively of the Foundation and shall not be deemed employees
or volunteers of the City. The Foundation shall be responsible for the supervision,
management, and control of such Foundation employees and volunteers and any payroll,
taxation, or other employment obligation, if any, incident to their work. Any personnel
employed by or volunteering on behalf of the City shall be deemed employees or volunteers
respectively of the City and shall not be deemed employees or volunteers of the Foundation.
The City shall be responsible for the supervision, management, and control of such City
employees and volunteers and any payroll, taxation, or other employment obligation, if any,
incident to their work.
L. The Foundation shall maintain general liability insurance in the amount of $1,000,000 and
in accordance with City insurance requirements, including adding the City as an additional
insured party, for all work performed at the Parks by the Foundation's employees, volunteers,
contractors, and subcontractors.
M. The Foundation will appoint a representative who will be available to meet with City officials
when requested.
N. The DPARD Director or his designee is an ex -officio member of the Foundation Board of
Directors and allowed to attend Foundation Board of Directors meetings. DPARD
employees may attend meetings of the Foundation. Board of Directors. The Foundation shall
provide any requested information to the DPARD Director upon request within thirty (30
days) of the request if the information provided does not violate any donor trust or anonymity
request, or any state or federal Personal Identifiable Information (PII) laws.
0. THE FOUNDATION AGREES TO INDEMNIFY, HOLD HARMLESS, AND
DEFEND THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES FROM AND
AGAINST ANY AND ALL CLAIMS OR SUITS FOR INJURIES, DAMAGE, LOSS,
OR LIABILITY OF WHATEVER KIND OR CHARACTER, ARISING OUT OF OR
IN CONNECTION WITH THE PERFORMANCE BY THE FOUNDATION OR
THOSE SERVICES CONTEMPLATED BY THIS AGREEMENT, INCLUDING ALL
SUCH CLAIMS OR CAUSES OF ACTION BASED UPON COMMON,
CONSTITUTIONAL, OR STATUTORY LAW, OR BASED, IN WHOLE OR IN
PART, UPON ALLEGATIONS OF NEGLIGENT OR INTENTIONAL ACTS OF
FOUNDATION, ITS OFFICERS, EMPLOYEES, AGENTS, VOLUNTEERS,
SUBCONTRACTORS, LICENSEES, AND INVITEES.
P. In the event any damage or injury is caused to the equipment or facilities provided by the
City hereunder by the negligence or improper conduct of the Foundation, its agents,
volunteers, subcontractors, or employees, the Foundation shall cause the said damage or
injury to be repaired as speedily as possible at its own cost and expense.
ARTICLE V
NOTICE
Any notice or other written instrument required or permitted to be delivered under the terms
of this Agreement shall be deemed to have been delivered, whether actually received or not, when
deposited in the United States mail, postage prepaid, registered or certified, return receipt
requested, or via electronic mail, hand -delivery or facsimile, addressed or sent to Foundation or
City, as the case may be, at the following addresses:
CITY
City of Denton
Attn: City Manager
215 E. McKinney
Denton, TX 76201
Sara.Hensley@cityofdenton.com
FOUNDATION
Denton Parks Foundation
City of Denton Service Center
901 Texas Street
Denton, TX 76205
Timothy.P.Smith@mwarep.org
Attn: President
Either party may change its mailing address by sending notice of change of address to the
other at the above address by certified mail, return receipt requested.
ARTICLE VI
RIGHT TO AUDIT
The Foundation agrees to retain all books, records, documents, reports, and written
accounting policies and procedures pertaining to the fundraising, donations, and services provided
to DPARD under this agreement for a period of five (5) years from the date of record.
The City shall have the right to audit and make copies of the books, fundraising activities,
pledges, donations, gifts, statements, financial records, and computations pertaining to the
Agreement. The Foundation shall retain such books, records, documents, and other evidence
pertaining to the Agreement 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,
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within ten (10) business days of written request. 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.
Failure to comply with the provisions of this section shall be a material breach of the
Agreement 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.
ARTICLE VII
ETHICS
The Foundation will adopt and comply with policies regarding code of conduct, conflicts
of interest, and potential conflicts of interest.
ARTICLE VIII
ADMINISTRATION OF
AGREEMENT
The President of the Foundation shall be the officer responsible for administration of the
Agreement for the Foundation. The City Manager, or designee, shall be the City staff member
responsible for the administration of this Agreement on behalf of the City.
ARTICLE IX
NO ASSIGNMENT
This Agreement is solely between the parties and cannot be assigned to another party
without the express advance written approval of the non -assigning party.
ARTICLE X
MODIFICATION OF
AGREEMENT
No modification of this Agreement shall be effective unless it is in writing and signed by
both parties to the Agreement.
ARTICLE XI
GOVERNING LAW
AND VENUE
This Agreement is subject to, governed by, and shall be construed under the laws of the
State of "Texas. Venue of any suit or cause of action arising under this Agreement shall be
exclusively in Denton County, Texas.
ARTICLE XII
SEVERIBILITY
If any provision of this Agreement is found or deemed by a court of competent
Jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainde r
of this Agreement, and shall not cause the remainder of this Agreement to be invalid or
unenforceable. In such event, the parties shall reform this Agreement to replace such stricken
provision with a valid and enforceable provision which comes as close as possible to expressing
the intention of the parties hereto respecting the stricken provision.
ARTICLE XIII
CAPTIONS
The captions of this Agreement are for informational purposes only and shall not in any
way affect the substantive terms or conditions of this Agreement.
IN WITNESS WHEREOF, the City and the Foundation have executed this Agreement in
duplicate original counterparts, the City acting by and through its duly -authorized City Manager,
and Foundation acting by and through its duly -authorized undersigned officer, on this the
day of , 2021.
(signatures on fallowing page)
ATTEST. -
ROSA RIOS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
MACK REINWALD, CITY ATTORNEY
BY:
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CITY OF DENTON
SARA HENSLEY, INTERIM CITY
MANAGER
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THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
ob ' ations and business terms.
Si ` u
Department
Date Signed: ICS— L—Z/
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DENTON PARKS FOUNDATION
BY:
Tim Smith _
ITS: PRESIDENT
EXHIBIT 1
The Denton Parks Foundation Donation Policies, Gift Acceptance, and Financial Procedures
EXHIBIT 1
THE DENTON PARKS FOUNDATION DONATION POLICIES,
GIFT ACCEPTANCE, AND FINANCIAL PROCEDURES
APPROVED:4/26/2018
T -
CONTENTS
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Policies Concerning General Financial Management .................... 8
Policies Concerning Gift Acceptance ................... 4
Policies Concerning Donor Recognition .,... I .... I ........................... 7
Policies Concerning Fundraising, Gift,and General Accounting ........................
Policies Concerning Matching Gifts ................. 10
Confidentiality Policy ................ ,I ,I
Language Repository for Future Updates ................ ..............12
POLICIES CONCERNING UNRESTRICTED GIFTS AND FINANCIAL SUPPORT
THE DENTON PARKS FOUNDATION (DPF) is a 501(c)(3) non-profit organization. THE DENTON PARKS
FOUNDATION will accept gifts, donations, and in-kind support with no capital campaign or specific use
applied to such funds. These funds can be used at the discretion of the organization for any expenses as long
as the transaction is consistent with THE DENTON PARKS FOUNDATION's mission, priorities, and financial
goals. THE DENTON PARKS FOUNDATION reserves the right to decline any gift. Contributions to THE
DENTON PARKS FOUNDATION are tax-deductible to the extent allowable bylaw.
1. FRIENDS OF THE FOUNDATION
A. Certain funds and gifts maybe given to the foundation as "undesignated", meaning they are not
given to a specific project or capital campaign. These funds and gifts may go towards the
"Friends of the Foundation" accounting category.
8. These "Friends of the Foundation" gifts may be used at the discretion of the Executive Director
as long as purchases over the specified amount of $1000 that are not already accounted for in
the board approved annual budget are approved by a majority vote of the board prior to the
expense. This vote should follow the rules and guidelines outlined in the by -taws.
II. EXECUTIVE DIRECTOR FINANCIAL SUPPORT
A. The Executive Director's financial support shall be listed as income into our "Programs"
accounting category and should be identified as such in Treasurer reports when given to the
board.
B. The financial support of the Executive Director, if it should come in one lump -sum, should be
received by the Treasurer in a timely manner outlined in an external agreement or
Memorandum of Understanding (MOU) as to allow for consistency in funding and accounting
with the Foundation's January to December fiscal year.
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POLICIES CONCERNING GIFT ACCEPTANCE
THE DENTON PARKS FOUNDATION (DPF) is a 501(c)(3) non-profit organization. THE DENTON PARKS
FOUNDATION will accept approved unrestricted gifts and gift s for specific programs and purposes provided
that there is charitable intent on the part of the donor and that the gift supports and is consistent with THE
DENTON PARKS FOUNDATION's mission, priorities, andfinancial goals. THE DENTON PARKS FOUNDATION
reserves the right to decline any gift. Contributions to THE DENTON PARKS FOUNDATION are tax-deductible
to the extent allowable by law.
1. GENERAL
A. Payment of commitments to THE DENTON PARKS FOUNDATION may take the form of one or a
combination of the following: cash or real property that can reasonably be expected to be converted
to cash within a practical time period (one to three years).
B. Commitments will be publicly recognized and/or commemorated as consistent with the donor's
wishes and the guidelines approved by THE DENTON PARKS FOUNDATION. Requests by donors
for anonymity will be publicly honored though a limited number of employees,campaign leaders
and counsel may be notified of the identity of the donors for internal purposes only.
C. Public recognition of giving will be based upon the expressed desires of the donor and any policies
of THE DENTON PARKS FOUNDATION which govern donor recognition.
D. Gifts will not be accepted where there is no charitable intent on the part of thedonor.
E. THE DENTON PARKS FOUNDATION reserves the rightto refuse or return to donors gifts whose
functions and goals are inconsistent with that of THE DENTON PARKS FOUNDATION.
F. THE DENTON PARKS FOUNDATION will keep accurate record of names and addresses of all vendors
who are paid to do any work and are not Denton Parks and Recreation Department employees,
affiliated contractors, or volunteers. Acceptance of donations (cash or in-kind) by these vendors who
may then be credited with recognition for said donation towards any DENTON PARKS FOUNDATION
project shall require a "Conflict of Interest" disclosure and must be approved by a majority vote of the
DENTON PARKS FOUNDATION board.
li. PLEDGES
A. No verbal pledges will be recognized. A signed pledge, gift agreement, email or equivalent
documentation, signed and dated by the donor, must be in the possession of THE DENTON PARKS
FOUNDATION before a pledge is recorded as fulfilled. This will be strictly observed.
B. The normal pledge payment period for gifts to capital, endowment, and major gift projects will be
no more than five years unless otherwise approved by the executive director or Board Chair.
C. Permanent donor recognition will be based upon the full payment of pledge commitments within the
allotted pledge period based on a cash accounting method.
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Ili. PROPERTY GIFTS
A. In order for real property gifts to be recognized, complete transfer of ownership must occur with
appropriate documentation.
B. Donors will bear all expenses associated with gifts of real property, including environmental testing
and appraisal fees unless otherwise approved by THE DENTON PARKS FOUNDATION Board of
Directors.
C. All real property gifts received by THE DENTON PARKS FOUNDATION and disposed of within two
years from the date of receipt will be duly reported to the IRS as required.
D. All real property gifts will be subject to environmental evaluation prior to acceptance by THE
DENTON PARKS FOUNDATION. The extent of that review will be determined foreach real property,
and the expense will be borne by the donor unless otherwise approved concurrent with Section
III. A.
E. Real property encumbered by a mortgage or other indebtedness or subject to any encumbrances
deemed unacceptable by THE DENTON PARKS FOUNDATION Board of Directors will not be accepted.
N. GIFTVALUATIONS
A. Cash - In cases where gifts are made in cash, the valuation is the amount of the cash.
B. Real Property- Gifts of real property will be reported based on the appraised value as determined
by a qualified independent appraiser within 60 days of the date of transfer.
C. Gifts -In -Kind - Gifts -in-kind are tangible gifts otherthan cash, marketable or privately held securities,
or real property. These will be valued at a "Fair -Market Value" or what the In-kind gift could be
obtained for at a reasonable retail price by a 501(c)3 of our stature. Gifts -in-kind of an
undetermined value will be recorded and acknowledged as received with no value stated.
D. Service - Gifts of service are contributions of actual, billable service directly related to the business
or profession of the provider. Gifts of services will be recognized at the level of actual expenses
invoiced but not to be paid. Evidence of a gift of service will be a canceled or voided invoice stating
the date, type of service rendered, quantity cost, total cost, and amount to be contributed or
forgiven. No service gift can be accepted by if this service is rendered by a volunteer Board of
Director who is acting in the capacity of their board position.
V. APPRAISAL REQUIREMENTS
A. Gifts of personal or real property, other than publicly traded securities, must be accompanied by an
appraisal if the estimated value exceeds $10,000. When the gift is to fund a specific recognition
opportunity, donors may be asked to make up any shortfall upon conversion tocash.
B. Donors of personal or real property gifts must seek their own legal and tax counsel. THE DENTON
PARKS FOUNDATION reserves the right to refuse gifts of personal or real property when it is
determined that the donor has not complied with IRS appraisal requirements orthat the advice of
independent counsel is not obtained.
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C. Donors of personal or real property gifts will receive an acknowledgment of the gift only when
complete transfer has occurred. The acknowledgment will not include any reference to the value of
the gift.
D. Donors will bear all costs associated with obtaining a qualified appraisal if needed.
M. RESPONSIBILITY OF DONORS
A. Information concerning gift planning is to be for illustrative purposes only and is not to be relied upon
exclusively in individual circumstances. A letter of understanding from a donor of a personal or real
property gift may be required along with proof of outside advice being rendered before such a gift will
be accepted.
B. All potential or proposed planned gifts may be individually reviewed by the Executive Director and
Board of Director Chair. Prospective donors are encouraged to request, and may expect to receive,
a letter regarding agreements to restrictions placed upon the proposed gift by thedonor.
C. Although representatives of THE DENTON PARKS FOUNDATION will provide all appropriate
assistance, the ultimate responsibility regarding evaluations, tax deductibility, and/or such counsel as
the donor may wish to secure is the responsibility of the donor.
D. To avoid conflicts of interest, the unauthorized practice of law, the rendering of investment advice,
orthe dissemination of income or estate tax advice, all donors of personal and/or real property gifts
must indicate the professional advisors rendering opinion on the gift.
VII. GIFT ACCEPTANCE
A. The Executive Director or members of the DENTON PARKS FOUNDATiON staff or Board of Directors,
and all volunteers invited to assist with fundraising on behalf of THE DENTON PARKS FOUNDATION
are authorized to accept gifts of unrestricted cash so long as the funds are turned over to the
Treasurer as soon as possible.
S. Any other gift requires the formal review of the Executive Director or Board of Directors.
VIII. GiFT PURPOSE
A. Friends of the Foundation or General Fund - Gifts to the Friends of the Foundation or the General fund
may be designated to support specific areas of the operating fund of THE DENTON PARKS
FOUNDATION. Gifts to the fund are unrestricted and directly benefit the operating budget. Any gifts
that are given with no specification for use should
B. Specific Purpose Projects - Gifts may be designated by donors to support specific projects and
events that the Denton Parks Foundation has oversight of.
C. Capital Campaign - Gifts to a Capital Campaign may be designated to support approved specific
areas of the project and may provide naming opportunities provided that opportunity complies by
the donation guidelines herein as well as the rules and procedures of the municipal and state
governing bodies that be.
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POLICIES CONCERNING DONOR RECOGNITION
I. PURPOSE
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A. The purpose of donor recognition policies is twofold: (1) to provide a genuine and lasting form of
recognition forthe generosity of benefactors to THE DENTON PARKS FOUNDATION and (2)to
encourage potential donors to raise their level of giving in order to achieve some form of
recognition.
11. PEERAGE
A. One ofthe principles behind the successful use of donor recognition is that of peerage. Individuals,
corporations, and foundations often wish to be seen among their peers, and this includes being
viewed as peers in their level of giving. To over -encourage anonymity sometimes diminishes the
effectiveness of donor recognition policies because of the loss of peerage. Unless anonymity or a
"non -disclosure" is requested by the donor, their name and giving amount can be used for other
fundraising activities and publications to help solicit more donations through peerage.
111. ANONYMITY
A. Benefactors will be given the opportunity to choose anonymity, and this anonymity will be reflected
in all published lists and other forms of donor recognition. The following will be those individuals
who, for reasons of stewardship and security, will be informed of the amount of all pledges and the
names of all donors to the campaign including those who request anonymity: Executive Director,
Resource Development Manager, Chief Financial Officer, Campaign Manager, Campaign Chair(s) and
Campaign Counsel.
IV. PROVISIONS FOR RECOGNITION
A. Provisions will be made to recognize all donors to THE DENTON PARKS FOUNDATION regardless of
the size of their gift, while recognizing the wishes of those who choose to remain anonymous
donors.
V. FORMS OF RECOGNITION
A. There will be no standard rubric to determine what forms of recognition exist. Rather, this discretion
is left to the Executive Director, with Board of Director approval, on a per project basis.
VI. NAMED GIFT OPPORTUNITIES
A. There will be no standard rubric to determine what donations will garner "named gifts". Rather, this
discretion is left to the Executive Director, with Board of Director approval, to grant on a per project
basis.
VII. DONOR RECOGNITION LEVELS
A. There will be no standard rubric to determine "Donor Recognition Levels". Rather, this discretion is
left to the Executive Director, with Board of Director approval, on a per project basis.
VIII. PUBLICATIONS
A. Periodically, the names of members of donor recognition levels or reserved named gift
opportunities will be published in THE DENTON PARKS FOUNDATION's publications, newsletters,
and campaign updates. The purpose of these publications will be twofold: (1) to show appreciation
for pledges made and (2) to encourage others to make significant and stretch philanthropic
commitments.
IX. PLEDGE PAYMENT AND RECOGNITION
A. All forms of permanent recognition will be based upon pledges paid. Conversely, those donors with
unpaid pledges will not be given permanent recognition until such pledges arefulfilled.
XI. EXCEPTIONS
A. The Board is empowered to grant any exception to these general policies in order to encourage
significant gifts or improve benefactor relationships,
XII. ESCAPE CLAUSES
A. If a donor defaults on the pledge or wishes to have the recognition removed, the Board will
recommend to the custodian of the property in question (if it is not owned by the Foundation)
to have the recognition removed at the donor's expense.
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POLICIES CONCERNING FUNDRAISING, GIFT, AND GENERAL ACCOUNTING
L SPECIFIED PROJECT CAMPAIGN FUNDRAISING PERIOD
A. The fundralsing period will be the total time encompassed by the active cultivation, solicitation and
Payment of pledges for The Denton Parks Foundation including those gifts made during the planning
phases of any one certain project or campaign. The beginning and ending date for counting
commitments to a campaign or project is to be set by the Board of Directors at the recommendation
of the specific project or campaign Steering Committee (if applicable).
II. COUNTING
A. Only those gifts and pledges actually received and/or committed during the specified period
identified for the campaign will be counted in the campaign results.
S. The Treasurer and Executive Director shall keep committed pledges vs. received pledges on a per
project basis to correctly reflect the money raised for said project for evaluation and measurement
purposes.
C. If phased, gifts and pledges will be counted in only the phase of the capital campaign in which they
were committed. No commitments will be counted for both the first phase and any subsequent
additional phase(s) of the campaign unless used in the capacity of demonstrating overall project
fundraising efforts.
D. The value of any canceled, withdrawn or unfulfilled pledge will be subtracted from the campaign
and phase totals when it is determined that the commitment will not be realize d.
E. Any other non-cash, in-kind, or equivalent gifts or pledges shall adhere to the accounting polices set
forth above.
III. HANDLING AND RECORDING OF RECEIVED FUNDS
A. The Treasurer should receive notice of gifts being received as soon as reasonably possible.
8. The receipt of gifts and received pledges, both cash and non-cash, should be entered into the
correct accounting categories within three (3) business days per the accounting and Treasurer
guidelines in the by-laws
C. Any other rules or procedures regarding the handling and recording of received funds can be
referenced in The Denton Parks Foundation By -Laws as well as the Memorandum of Understanding
(MOU) with the City of Denton (should one exist and be currently in force).
IV. NON -GIFT REVENUE
A. The following types of funds maybe designated to a campaign or project but will be reported as non -
gift revenue to the campaign. In campaign reports, these forms of revenue will be shown as additions
to the campaign from non -philanthropic sources:
• investment earnings on gifts contributed for campaign purposes;
• Board -designated surplus income; and
• Any other non -philanthropic or gift income to be used for the purposes of the campaign.
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POLICIES CONCERNING MATCHING GIFTS
SOLICITATION OF MATCHING GIFTS
A. Whenever and wherever possible, donors to the capital campaign will be encouraged to
seek out and take advantage of corporate or foundation matching giftprograms.
B. If the corporation sponsoring the matching funds gift is also a vendor or contractor that has
been as such for work completed on behalf of the foundation, this relationship shall be
disclosed per the directions given in Sec. /, fof the "Policies Concerning Gift Acceptance"
section in the most recently approved version of thisdocument.
Il. DESIGNATION OF MATCHING GIFTS
A. Unless otherwise directed by the donor, corporation or foundation, income from matching
gifts will be designated for the same restricted purpose as the original gift or pledge of the
individual or family donor.
RECOGNITION FOR THE MATCHING GIFTDONOR
A. The corporate or foundation matching gift donor will receive credit and appropriate named
gift recognition and/or will be categorized in the appropriate donor recognition level in
respect to the dollar value of the matching gift.
IV. CREDITING OF MATCHING GIFTS
A. The value of the matching gift will be added to an individual or family gift and therefore will
entitle the individual or family donor to increased recognition or naming opportunities.
V. NAMED GIFT OPPORTUNITIES
A. The individual or family donor wilt have the opportunity to designate a named gift based
upon the combined value of their original gift and any snatching gift received.
VI. REPORTING AND/OR PUBLISHING OF MATCHING GIFTS
A. In reporting or publishing matching gifts, the gifts of both the original donor and the
matching gift donor will be acknowledged.
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CONFIDENTIALITY POLICY
A first principle of campaigning is to recognize the inherent personal dignity of any person who is
discussed as a prospective donor to the campaign, and as such should never be described as "targets,"
"on a hit list" or in any other way that would diminish their dignity.
It is assumed that in the course of preparing for and conducting the capital campaign, Board members,
campaign leadership members, employees, and fundraising consultants will have the occasion to discuss
information of a personal, financial, and confidential nature. The following policies are established to
affirm THE DENTON PARKS FOUNDATION's sincere commitment to protect the dignity and trust of its
benefactors, friends, and prospective donors.
A. All fundraising -related discussions concerning major gift prospects, whether individuals,
foundations, or corporations, are to be held in confidence.
B. While it is never the intent to discuss matters of a personal or family nature regarding
prospects, should such a disclosure happen in the course of campaign meeting or
activity, such information will be treated with the highest level of confidence.
C. All information concerning financial capability, past giving patterns, specific gifts, and/or
personal disclosures about giving interests are to be treated confidentially -that is
within the circle of those of who are assigned to the prospect or are providing
counseling or guidance relative to the prospect.
U. All discussions and/orreports of gifts and capital campaign commitments made during
campaign committee meetings are to be held in confidence until the donor's desires
concerning publicity or anonymity are expressed in the written confirmation of the
pledge or gift.
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LANGUAGE REPOSITORY
POLICIES CONCERNING GIFT ACCEPTANCE
IV. GIFT VALUATIONS
A. Publicly Traded Securities - In keeping with IRS regulations, gifts of securities will be valued at the
average market value of the specific security on the date the full Interest in the transferred property
is received either electronically or physically.
B. Privately Held Securities - Gifts of closely held marketable securities will be valued based on a
qualified Independent appraisal at the time of transfer. Generally, gifts of privately held securities
will be accepted only when conversion to cash within a five-year timeframe is expected.
C. Life Insurance -Gifts of life insurance will bevalued, for recognition purposes, based on the
surrender value as of the date of the transfer.
VIII. MARKETABLE SECURITIES TRANSFERS AND SALES
A. In the case of a gift or pledge payment in the form of marketable securities, the marketable
securities will be sold immediately upon transfer of ownership and, ideally, no lessthan 24 hours
from the date and time of transfer,
B. As previously noted in Section IV. B. of these policies, gifts will be evaluated on the basis of the
average market value of the specific marketable securities on the date of transfer.
C. It is understood that the donor, in transferring ownership of the marketable securities, is making a
charitable contribution and, as such, has no rights concerning the disposition, sale, or retention of any
marketable securities given to THE DENTON PARKS FOUNDATION.
D. Any loss or gain in the value of the marketable securities, resulting from the timing of the sale, will
not be added or subtracted from the gift evaluation.
E. Upon written request by the donor of securities and the approval of the Executive Director, Resource
Development Manager, and Operations Director, THE DENTON PARKS FOUNDATION may agree to
hold the marketable securities as transferred for a designated period of time. In this case, THE
DENTON PARKS FOUNDATION willingly assumes all risks concerning potential benefit or loss due
to changing securities values because the stock is retained rather than sold.
IX. BEQUESTS AND TESTAMENTARY GIFTS
A. THE DENTON PARKS FOUNDATION will seek and accept gifts made as testamentary gifts through
wills and codicils to wills. For campaign purposes, bequests will be accepted from individuals of any
age though bequests from persons of 84 years or older will be categorized as "short term bequest" or
some similar designation.
8. In order for bequests to be counted or considered for any present or future planned giving or
bequest recognition group, a copy of the will, specific section of the will pertaining to the bequest or
the specific codicil to the will must be on file at THE DENTON PARKS FOUNDATION. In lieu of the
specific document, a donor may file a gift agreement which states the nature of the bequest, its
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estimated current value, the date the will or codicil was signed, and complete contact information
for the donor and executor named in the bequest.
G. When bequests are received, any instructions or restrictions from the donor, so long as they are
legal and reasonable, will be followed.
D. Also, gifts made from an Individual Retirement Account will be accepted for purposes of the capital
campaign if the individual is at least 80 years old.
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Volunteers, Employees and Representatives
The Denton Parks Foundation volunteers, staff and representatives are committed to ensuring
the highest ethical standards within the organization and the community. The success of the
Denton Parks Foundation and the reputation it maintains depend upon the ethical conduct of
everyone affiliated with the organization. Volunteers, staff and representatives set an example
for each other and for all community organizations by their pursuit of excellence in high
standards of performance, professionalism and ethical conduct.
While no one document can cover all of the challenges that may arise, the Code of Ethics
(Code) communicates key guidelines and will assist volunteers, staff and representatives in
making good decisions that are ethical and in accordance with applicable legal requirements.
Personal and Professional Integrity
A personal commitment to integrity in ail circumstances benefits each individual as
well as the organization. We therefore:
A. Strive to meet the highest standards of performance, quality, service
and achievement in working towards the Denton Parks Foundation
mission.
B. Communicate honestly and openly and avoid misrepresentation.
C. Promote a working environment where honesty, open communication
and minority opinions are valued.
D. Exhibit respect and fairness toward all those with whom we come into
contact.
II. Accountability
The Denton Parks Foundation is responsible to its stakeholders, which include
member organizations, donors and others who have placed faith in our organization.
To uphold this trust, we:
A. Promote good stewardship of all Denton Parks Foundation resources,
including time, talent and treasure, This includes contributions, fees,
grants and pass-through money as well as physical resources and the
gift of time that is given to Denton Parks Foundation.
B. Refrain from using organizational resources for non -Denton Parks
Foundation purposes.
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C. Observe and comply with all laws and regulations affecting Denton
Parks Foundation,
III. Solicitations and Voluntary Giving
The most responsive contributors are those who have the opportunityto become
informed and involved. We therefore:
A. Promote voluntary giving with board members, prospective and current
donors.
B. Refrain from any use of coercion in fundraising activities.
N. Conflicts of interest
Ethics Officers and Ethics Committee
The Board President will serve as the Ethics Officer for the staff. The Executive
Committee will serve as the Ethics Committee for the Executive Director and the
volunteers and other representatives of the Denton Parks Foundation.
Staff
In order to avoid any conflict of interest or the appearance of a conflict of interest,
which could tarnish the reputation of the Denton Parks Foundation as well as
undermine the public trust in the organization, Denton Parks Foun dation , staff will:
A. Avoid any activity or outside interest which conflicts or appears to
conflict with the best interest of the Denton Parks Foundation
organization,
B. Ensure that outside employment and other activities do not adversely
affect the performance of Denton Parks Foundation duties or the
achievement of Denton Parks Foundation's mission. This does not
include any involvement in other volunteer boards, commissions, or
non-profit organizations,
C. Ensure that travel, entertainment and related expenses are incurred on
a basis consistent with the mission of Denton Parks Foundation and not
for personal gain or interests.
D. Decline any gift, gratuityor favor in the performance of Denton Parks
Foundation duties except for promotional items of nominal value and
any food, transportation, lodging or entertainment unless directly
related to Denton Parks Foundation business.
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V. Volunteers and other Denton Parks Foundation Representatives
In order to avoid any conflict of interest or the appearance of a
conflict of interest, which could tarnish the reputation of Denton Parks Foundation,
as well as undermine the public trust in the organization, volunteers and other
representatives will:
A. Refrain from activities that might be construed as a direct conflict of
interest to the Denton Parks Foundation,
B. Refrain from attempting to influence the selection of staff, consultants
or vendors who are relatives or personal friends or affiliated with,
employ, or employed by a person with whom they have a relationship
that adversely affects the appearance of impartiality.
C. Denton Parks Foundation Volunteers should not knowingly take any
action, or make any statement, intended to influence the conduct of
Denton Parks Foundation in such a way to confer any financial benefit
on themselves, their immediate family members or any organization in
which they or their immediate family members have a significant
interest as stakeholders, directors or off iters.
D. Disclose all known conflicts or potential conflicts of interest in any
matter before the Board of Directors, if they are Board members, or
any committee upon which they serve. They may participate in
discussion, but may not vote in connection with such matter.
E. Members of the Board shall annually file a disclosure of all known and
potential conflict of interest with the Executive Committee. This will
remain on file with the Denton Parks Foundation for three years.
VI. Confidentiality and Privacy
Confidentiality is a hallmark of professionalism. We therefore:
A. Ensure that all information, which is confidential, privileged or
nonpublic, is not disclosed inappropriately.
13. Respect the privacy rights of all individuals in the performance of their
Denton Parks Foundation duties.
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Vit. Political Contributions
Denton Parks Foundation encourages individual participation in civic affairs. As a
charitable organization, Denton Parks Foundation may not make contributions to
any candidate for public office or political committee and may not intervene in any
political campaign on behalf of or in opposition to any candidate For public office.
We therefore:
A. Refrain from making any contributions to any candidate for public
office or political committee on behalf of the Denton Parks Foundation.
B. Refrain from making any contributions to any candidate for public
office or political committee in a manner that may create the
appearance thatthe contribution is on behalf of the Denton Parks
Foundation.
C. Refrain from using any organizational financial resources, facilities or
personnel to endorse or oppose a candidate for public office.
D. Clearly communicate that we are not acting on behalf of the
organization, if identified as an official of the Denton Parks Foundation,
while engaging in political activities in an individual capacity,
E. Refrain from engaging in political activities in a manner that may create
the appearance that such activity is by or on behalf of the Denton Parks
Foundation.
VII. Guidance and Disclosure
Volunteers, staff and representatives are encouraged to seek guidance from the
Executive Committee concerning the interpretation or application of this Code of
Ethics. Anyknown orpossible breaches of the Code of Ethics should be disclosed.
Staff and representatives should contact the Executive Director. Volunteers should
contact the Chairperson. Reports of possible breaches will be handled in the
following manner;
A. All reports of possible breaches will be treated in confidence as much
as the organization's duty to investigate and the law allow. if
confidentiality cannot be maintained, the individual disclosing the
possible breach will be notified.
B. All reports of breaches will be investigated and, if needed, appropriate
action taken based upon the policies of the organization.
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C. Retaliation against a person who suspects and reports a breach in good
faith will be treated as an independent breach of the Code.
D. Denton Parks Foundation affirms prompt and fair resolution of all
reported breaches.
DIgcIg,jiarp of any Conflict of Interest:
I hereby fully disclose below all known and potential conflicts of interest to the Denton Parks
Foundation and to the Executive Committee. This notice will remain on file with the Denton
Parks Foundation for three years. Please check all that apply.
❑ No known conflicts of interest
❑ Possible Conflicts of interest are disclosed below:
Possible Conflicts of Interest
Please sign and return page S to the Denton Parks Foundation staff. You may keep pages 1-4
of the Code of Ethics for your own records.
I have read the Denton Parks Foundation Code of Ethics and affirm that I will abide by them in
the Denton Parks Foundation fiscal year of January 1, 2021 through December 31, 2021.
Print name and Relationship with Denton Parks Foundation (e.g., Board/Volunteer/Staff)
Signature and Date
Return this form to the Denton Parks Foundation office, or email it to Brooke Moore at
brooket&dentonnarksfoundatlon.com.
Thank you!
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EXHIBIT 2
Fiscal Year 2021-2022 Denton Parks Foundation Annual Fundraising Capital Plan
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Annual Fundraising Plan
October 2021— September 2022
Fundralsing Goal:
The goal for the Denton Parks f=oundation is to raise $590,000 through donor gifts, Friends of the Parks
memberships, sponsorships, special events (including 3"d party events), grants, and beer sales through
the Brew for Better Parks Program.
Unrestricted Funding - $60,000 (Events, Sponsorships, Friends of the Parks, Facebook Donations,
Annual Fund)
- Unrestricted funds are not earmarked in specific amounts or for specific projects,
rather they are used to support projects and initiatives as need are identified. Fund
allocation is determined by the Denton Parks Foundation Board of Directors,
DPARD Leadership, and the Parks and Beautification Board. Areas of impact
include:
o preservation of open space
• land acquisition
o park and playground development and maintenance
• funding for major initiative or enhancement
■ support to parks and playgrounds most in need
o scholarships (partial and full) to community members
■ providing access to after-school care
• sending children to pre -k or summer camp
■ supporting citizens with access to recreational programming and facilities
■ support swim for life program that offers free swim lessons
Dog Park Campaign - $30,000 (Special Events, Sponsorships/Major Gifts, Grants)
Additional amenities are needed to enhance the North Lakes Dog Park, Additional funds are also needed
to assist with ongoing maintenance of the North Lakes and Wriggly Field Dog Parks. Funds raise from the
Dog Park Campaign will be utilized to fill the gap between the current tax dollars available for the
ongoing development for the North Lakes Dog Park and additional desired amenities and ongoing
maintenance for both of Denton's dog parks.
Inclusive Playground Campaign - $500,000 (Major Donors and Grants)
This year, DPF will begin the process of developing a campaign to raise 1.25 million dollars for an inclusive
playground. These efforts will ensure children of all abilities can interact with others and do what kids do
best, playl Over the next 12-18 months DPF will complete the following steps:
• Pre -campaign research
• Campaign plan development
• Solicit gifts (top down/inside out)
Fiscal Partnerships - $90,575 (HOT Funds Grant has already been submitted for Juneteenth 2022 -
$65,575 and Bark in the Park - $25,000), $2,000 (Denton Area Tennis Association), $10,000 (940 Disc Golf
Association), Denton Senior Center Advisory Committee
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Fiscal Partnership funds are restricted and support specific community groups and associations including
the Juneteenth Committee, the Denton Area Tennis Association, 940 Disc Golf, and the Senior Center
Advisory Committee, As a fiscal partner, these groups are extended 501(c)3 tax-exempt status. These funds
enable these associations and committees to produce projects, tournaments, festivals, cultural events, and
community sports and activities. These events and activities encourage tourist and residents to unite over
arts, sports, entertainment, and culture In our City of Denton parks and green spaces.
Mission Message:
The mission of the Denton Parks Foundation is to engage the Denton community to
enhance the mission of the Denton Parks Department to unite, grow, and play.
We believe that when a community unites, parks get better.
Our vision is to unite people over parks and play through investments, advocacy, and
volunteerism resulting in accessibility and a quality life for all residents.
To that end, DPF will:
• invest resources into DPARD to help win future National Recreation and Park Association
(NRPA) and a Texas Recreation and Park Society (TRAPS) gold medals.
• advocate for 100% access for everyone in the City of Denton.
• work equitably to distribute recreational scholarships to all individuals who qualify for
through the City of Denton Parks and Recreation Department.
Fundraising Methods:
• Secure Individual Donations
o Our goal is to have more than 50% of DPF funds come from individual donations.
Donations are solicited via online and mailer campaigns as well as through
individual asks and appeals. In addition, DPF leverages unique appeals and
solicitation that encourage regular giving such as North Texas Giving Day and the
Annual Friends of the Park Membership Campaign.
Special Events
o DPF hosts Signature Events Each Year. Revenue is generated from ticket sales,
sponsorships, and donations taken at the events.
• Galentine's
■ Adult Egg Scramble
• Bark in the Park
■ Parktober (Boo Buckets and Park Crawl)
o Utilize 3`d Party Events (hosted by others)
Major Initiatives
o Fundraising for major initiatives requires a giving and sponsorship plan specific to
each campaign.
• Dog Park Campaign - donor recognition program
■ inclusive Playground campaign -top-down approach to secure 60% of
campaign before going public
Brew for Better Parks
Centan
o FOU..V,.N DRAFT JUNE 1, 2021
0
N
to
o Ongoing revenue source through the sales of a specialized DPF Brew in partnership
with Denton County Brewing Company (DCBC)
■ Done through sales at DCBC and collaborations with other local bars to add
this beer to their beer tap
Timeline for Methods:
0-. neoine
• Maintain prospective and past donor records
• Donor cultivation
o Acquire prospect names and contact information
o Donor contacts
o Dog Park Campaign Solicitation
• Donor stewardship
o Donor thank you letters
o Donor calls
o Donor contacts
• Grant writing
• Public Relations and Community Engagement
• 3rd Party Events
• Coordinate monthly Foundation Board meetings
• Attend monthly Parks, Recreation, and Beautification Board meetings
• Provide regular updates and quarterly reports to the Foundation Board, Park Board,
and City Council
Quarter 1
October 2021- December 2022
• Parktober- like October but it's all about the parks month
• October 1- Monthly Electronic Newsletter
• October 1-3 - DPF booth at Denton Arts and Jazz Festival
• October 20 - Park Crawl
• October 30 - Coffin Races
• November 1 -Monthly Electronic Newsletter
• November 6 - Kick Off Electronic Fundraising Campaign for Annual Fund
• November 15 -Thank you video released (National Philanthropy Day)
• November 17 - Potential Program or Engagement Opportunity, National Take a Hike pay
• December 1- Monthly Electronic Newsletter
• December -Enlist Inclusive Playground Campaign Committee
• December 13 - Monthly Electronic Appeal
• December 30 - Thank you Email
Quarter 2 January 2022 - March 2022
• January 1- Monthly Electronic Newsletter
l� �PARKS
deaeoe
MUND DRAFT JUNE 1, 20
o FOVNeA716N 2_1-�
• January— Meet with Inclusive Playground Campaign Committee
o Determine Working Goal
o Revise Case for Support
• January 22 —Donor Tax Receipts sent
• February 1— Monthly Electronic Newsletter
• February— Meet with Inclusive Playground Campaign Committee
o Develop Donor Recognition Plan
o Create Timellne and Policies
• February 10 -- Galentine's Day Fundraiser
• February 14 — Donor thank -a -thou, postcard, or email
• March 1— Monthly Electronic Newsletter
• March — 2021 Friends of the Parks Recognition Event and Parks Tour (date TBD)
• March — Meet with Inclusive Playground Campaign Committee
o Solicit Gifts (top-down/inside out, major donors)
Quarter 3 April 2022 — June 2022
• April 1-- Monthly Electronic Newsletter
• April 9 —Adult Egg Scramble (potentially)
• April — Meet with Inclusive Playground Campaign Committee
o Solicit Gifts (top-down/inside out, major donors)
• May 1— Monthly Electronic Newsletter
• May — Everyday in May Campaign
• May — Meet with Inclusive Playground Campaign Committee
o Solicit Gifts (top-down/inside out, major donors)
• June 1-- Monthly Electronic Newsletter
• June 1— Potential Program or Engagement Opportunity, National Trails Day
• June— Meet with Inclusive Playground Campaign Committee
o Solicit Gifts (top-down/inside out, major donors)
o Review and Revise Goal
• June 15 —Annual Appeal Mailer
• June 18— Potential Program or Engagement Opportunity, International Picnic Day
Quarter 4
July 2022 — September 2022
• July 1— Monthly Electronic Newsletter
• July— Meet with Inclusive Playground Campaign Committee
o Solicit Gifts (top-down/inside out, major donors)
• August 1— Monthly Electronic Newsletter
• August — Meet with Inclusive Playground Campaign Committee
o Solicit Gifts (top-down/inside out, major donors)
o Begin Planning of Campaign Kick -Off (public phase)
• September 1—Monthly Electronic Newsletter
• September 10— Bark in the Park= Splish Splash Doggie Bash & Dog Days of Denton
• Submit Denton Benefit League Grant
• September 15 — North Texas Giving Day
Oentan
a rOUNDATiON DRAFT JUNE 1, 2fl
0
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
, %Iiiiimlim�
www.cityofdenton.com
DENTON
File #: ID 21-2056, Version: 1
Legislation Text
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton authorizing the Interim City Manager to execute an
agreement between the City of Denton and Denton Independent School District to offer adult education and
literacy classes at City of Denton Recreation Centers; authorizing the Interim City Manager, or her designee,
to perform all obligations of the City under the agreement, including the expenditure of funding therefor; and
providing an effective date.
City of Denton Page 1 of 1 Printed on 10/8/2021
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DENTON
City of Denton
AGENDA INFORMATION SHEET
DEPARTMENT: Parks and Recreation
DCM: David Gaines, Interim Deputy City Manager
DATE: October 12, 2021
SUBJECT
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
Consider adoption of an ordinance of the City of Denton authorizing the Interim City Manager to
execute an agreement between the City of Denton and Denton Independent School District to offer
adult education and literacy classes at City of Denton Recreation Centers; authorizing the Interim
City Manager, or her designee, to perform all obligations of the City under the agreement, including
the expenditure of funding therefor; and providing an effective date.
BACKGROUND
The Parks and Recreation Department (PARD) provides programs to meet a variety of community needs.
Most of these programs are operated by PARD staff. To provide specialized services or programs, PARD
will contract with various individuals or entities who have expertise in the area which PARD staff would
not be able to replicate.
In prior years, adult literacy and education programs were offered via partnership between PARD and the
Goodwill Industries of Fort Worth. At this time, Goodwill no longer has the ability to be able to provide
these services.
In an effort to continue to offer adult literacy and education programs, PARD staff contacted Denton
Independent School District (DISD) to explore a partnership to provide these services. DISD is able to
provide the requested services at PARD Recreation Centers.
RECOMMENDATION
Staff recommends approval of the ordinance as the DISD adult literacy and education agreement enables
PARD to provide these services to the community.
PRIOR ACTION/REVIEW
N/A
FISCAL INFORMATION
This is a non-financial contract between DISD and the City of Denton. DISD received funding to support
the costs of the program from a Texas Workforce Commission grant.
OPERATIONAL IMPACT
PARD is required to provide adequate classroom and storage space at the recreation centers for the
program to operate in.
465
EXHIBITS
Exhibit A — Agenda Information Sheet
Exhibit B — Ordinance with Agreement
Respectfully submitted:
Gary Packan, Parks and Recreation Director
Prepared by:
Cheylon Brown, Recreation Supervisor, Parks and Recreation
466
,A] 901MIMIto)toZI0
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE INTERIM CITY
MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND
DENTON INDEPENDENT SCHOOL DISTRICT TO OFFER ADULT EDUCATION AND
LITERACY CLASSES AT CITY OF DENTON RECREATION CENTERS; AUTHORIZING
THE INTERIM CITY MANAGER, OR HER DESIGNEE, TO PERFORM ALL OBLIGATIONS
OF THE CITY UNDER THE AGREEMENT, INCLUDING THE EXPENDITURE OF
FUNDING THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Denton Independent School District ("DISD") through the North Texas Adult
Education and Literacy Program ("1,TAEL"), a Texas Workforce Commission fiuided program,
provides English as a Second Language, High School Equivalency, Career Pathway certification,
and Workplace Literacy classes; and
WHEREAS, the NTAEL prepares adults for higher academic instruction or skills training
that lead to employment and self-sufficiency, and it meets a critical community; and
WHEREAS, DISD has presented the City of Denton ("City") with a proposed Letter of
Agreement ("LOA") regarding the City's provision of space and publicity for NTAEL offered
GED and ESL classes that would be effective from execution through August 31, 2023 unless
terminated earlier in accordance with the terms of the LOA; and
WHEREAS, City staff has reviewed the LOA required by DISD and is of the opinion that
it should be approved; and
WHEREAS, the City Manager recommends, and the City Council deems it in the public
interest to enter into the LOA; 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 as true and as if fully set forth in the body of this ordinance.
SECTION 2. The Interim City Manager, or her designee, is hereby authorized to execute
on behalf of the City the Letter of Agreement between DISD and the City, for the provision of
Adult Education and Learning Classes, a copy of which is attached as Exhibit "A" and incorporated
herein.
SECTION 3. The Interim City Manager, or her designee, is further authorized to carry out
all duties and obligations to be performed by the City under the LOA, including, but not limited
to, the expenditure of funds.
SECTION 4. This Ordinance shall become effective immediately upon its passage and
approval.
467
The motion to approve this ordinance was made by
seconded by
by the following vote
Aye
Mayor Gerard Hudspeth:
Vicki Byrd, District l:
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
ATTEST:
ROSA RIOS, CITY SECRETARY
IM
and
the ordinance was passed and approved
Nay
day of
Abstain Absent
WyAl
GERARD HUDSPETH, MAYOR
APPROVED AS TO LEGAL FORM:
CATHERINE CLIFTON, INTERIM CITY ATTORNEY
468
EXHIBIT A
LETTER OF AGREEMENT BETWEEN
NORTH TEXAS ADULT EDUCATION & LITERACY PROGRAM (Denton ISD AEL Program)
and
City Of Denton (the AEL Partner)
For the period beginning August 2, 2021 thru August 31, 2022
I. SERVICES PROVIDED BY DENTON ISD ADULT EDUCATION AND LITERACY
Denton ISD AEL will provide Adult Education and Literacy services during the term specified In one or all of the
fbilowing areas:
• Adult Basic Education (ABE) grade level 0-8.9 Literacy
• Adult Secondary Education (ASEMSE7 grade level 9-12
• English as a Second Language (ESL) and Civics Education
• Transition Classes
• Career Pathways (Integrated Education and Training)
• Work4msed Literacy
II. SERVICES PROVIDED BY THE AEL PARTNER
The Partner will provide the fallowing services during the berm specified:
Adequate administrative office, classroom and storage space, and instructional fixtures
Assist Denton ISD in the publicity and promotion of the Adult Education and Literacy program in acoordinated
and timely manner to enhance community awareness and participation
Agree to help the program remain In compliance with federaland state guidelines, Including but not limited
to:
o Offering a minimum of two hours of direct instruction each session
o Help the program in ensuring that all programmatic policies and procedures are adhered to by the
instructors and other grant funded AEL staff
o Allow for installing of AEL program signage to help guide students to the facilities/classes
III. PROGRAM COSTS and OTHER ADMINISTRATIVE DUTIES:
Denton ISD Adult >Edimdon and Literacy Program agrees to pay program related costs 26 enumerated
below:
• Process payroll for AEL administrative staff
• Process payroll for AEL instructional staff
• Procure and pay for appropriate instructional materials and supplies
• Administer appropriate state approved assessment Instruments
• Manage student intake and maintain record keeping
• Develop and distribute outreach and recruitment materials
• Provide programmatic reports to the AEL Partner
1V. PROGRAM SUPERVISION
Monitoring, coordination, and supervision of the program and staff Will be the responsibility of the Denton ISD in
compliance with all applicable federal, state, and local regulations and guidelines.
V. FUNDING
This is a non-financial contract between Denton ISD AEL Program and City of Denton. Partners agree to make
above stated resources and services available to address the needs of the community Identified per the Texas
Workforce Commission (TWO) grant guidelines.
469
VI. MISCELLANEOUS PROVISION
The laws of the State of Texas shall govern the validity of this agreement and of any of the termsand provisions,
as well as the rights and duties of the parties. Efther party may cancel this agreen vnt with a 30 -day written notice.
ATTEST:
ROSA RIOS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
CATHERINE CLIFTON, INTERIM CITY ATTORNEY
By.
North Texas
Adult Education & Literacy
A Depmrrawat afDlrnfon ZP
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational obligations
and business terms.
� IJ; kic; ��St r► u
S LIRE PRINTED NAME
TITLE
_
?Ark Ali Ret re& h0 ,n
DEPARTMENT
470
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
, %Iiiiimlim�
www.cityofdenton.com
DENTON
Legislation Text
File #: ID 21-2089, Version: 1
AGENDA CAPTION
Consider approval of a resolution of the City of Denton allowing Denton County Brewing Company to sell
alcoholic beverages at the 940 Disc Golf tournament, on Saturday, October 16, 2021, at the North Lakes Disc
Golf Course, upon satisfying certain conditions; authorizing the City Manager, to execute an agreement in
conformity with this resolution; and providing for an effective date.
City of Denton Page 1 of 1 Printed on 10/8/2021
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CIT��'i
O
DENTON
City of Denton
AGENDA INFORMATION SHEET
DEPARTMENT: Parks and Recreation
DCM: David Gaines, Interim Deputy City Manager
DATE: October 12, 2021
City Hall
215 E. McKinney St.
Denton, Texas
www.cityofdenton.com
SUBJECT
Consider approval of a resolution of the City of Denton allowing Denton County Brewing
Company to sell alcoholic beverages at the 940 Disc Golf tournament, on Saturday, October 16,
2021, at the North Lakes Disc Golf Course, upon satisfying certain conditions; authorizing the
City Manager, to execute an agreement in conformity with this resolution; and providing for an
effective date.
BACKGROUND
The Denton Parks Foundation is a fiscal sponsor of 940 Disc Golf, a group of dedicated disc golf
players and volunteers who work to increase disc golf opportunities and accessibility in Denton.
One of their goals is to provide more competitive disc golf tournaments in "the 940" while also
raising rands for additional disc golf course improvements as well as area nonprofit organizations.
This tournament will be held at the North Lakes Disc Golf Course on Saturday, October 16, 2021
and includes 144 players, spectators, and local vendors. Event organizers anticipate 250 in
attendance.
The Denton Parks Foundation is requesting permission to sell alcoholic beverages at the North
Lakes Disc Golf Course for the 940 Disc Golf tournament and has partnered with Denton County
Brewing Company to provide these services. Denton County Brewing Company will serve Triple
Play beer, a brew for better parks, and a portion of all Triple Play proceeds go back to parks.
Denton County Brewing Company will be responsible for obtaining the temporary license and
permit required to sell alcoholic beverages at the North Lakes Disc Golf Course and will provide
Liquor (Dram shop) Liability Insurance in the amount of $1,000,000 per occurrence. The Denton
Parks Foundation will be responsible for providing police security at the event and will provide
Comprehensive General Liability Insurance in the amount of $1,000,000 per occurrence. Both
CW
respective parties have signed an Agreement with the City (Exhibit 2) to indemnify the City of
Denton against any liability incident(s) pending approval of the request.
RECOMMENDATION
Staff recommends approval.
PRIOR ACTION/REVIEW
On October 4, 2021, the Parks, Recreation and Beautification Board was briefed on and reviewed
the request from the Denton Parks Foundation to sell alcoholic beverages for the 940 Disc Golf
Tournament on Ocotober 16, 2021.
FISCAL
N/A
EXHIBITS
Exhibit 1 Agenda Information Sheet
Exhibit 2 Resolution and Agreement
Respectfully submitted:
Gary Packan, Parks and Recreation Director
Prepared by:
Jennifer Eusse,Special Events Supervisor, Parks and Recreation
473
ti
RESOLUTION NO.
A RESOLUTION OF THE CITY OF DENTON ALLOWING DENTON COUNTY BREWING
COMPANY TO SELL ALCOHOLIC BEVERAGES AT THE 940 DISC GOLF
TOURNAMENT, ON SATURDAY, OCTOBER 16, 2021, AT THE NORTH LAKES DISC
GOLF COURSE, UPON SATISFYING CERTAIN CONDITIONS; AUTHORIZING THE CITY
MANAGER, TO EXECUTE AN AGREEMENT IN CONFORMITY WITH THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Denton ("City") is the owner of North Lames Disc Golf Course;
and
WHEREAS, the Denton Parks Foundation is a fiscal sponsor of 940 Disc Golf who will
host the 940 Disc Golf tournament on Saturday, October 16, 2021, at the North Lakes Disc Golf
Course in Denton, Texas, to raise funds for area nonprofits; and
WHEREAS, Denton County Brewing Company has requested that they be allowed to sell
alcoholic beverages at the 940 Disc Golf tournament; and
WHEREAS, the City Council deems it in the public interest to authorize the City Manager,
to allow Denton Brewing Company to sell alcoholic beverages at 940 Disc Golf tournament on
Saturday, October 16, 2021, so long as certain conditions are met by Denton Brewing Company
and 940 Disc Golf.; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. The findings set forth in the preamble of this Resolution are incorporated by
reference into the body of this Resolution as if fully set forth herein
SECTION 2. Denton County Brewing Company shall be allowed to sell alcoholic
beverages at the 940 Disc Golf tournament, on Saturday, October 16, at the North Lakes Disc Golf
Course, Denton, Texas, upon entering into and complying with the attached agreement with the
City of Denton and satisfying the following conditions:
Denton County Brewing Company shall be responsible for securing the space
needed to sell alcoholic beverages at the North Lakes Disc Golf Course;
2. Denton County Brewing Company shall abide by all laws, resolutions, rules, and
regulations, and will be responsible for obtaining the temporary license and permit
required to sell alcoholic beverages at the North Lakes Disc Golf Course;
Denton County Brewing Company shall furnish Liquor (Dram shop) Liability
Insurance in the amount of $1,000,000 per occurrence and agrees to indemnify the
City against any liability incident(s) related the sale of alcoholic beverages;
4. The Denton Parks Foundation will provide Comprehensive General Liability
Insurance in the amount of $1,000,000 per occurrence and agrees to indemnify the
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City against any liability incident(s) related to the event and the sale of alcoholic
beverages;
5. The Denton Parks Foundation shall provide the security necessary for the sale of
alcoholic beverages.
SECTION 3. The City Manager is authorized to execute an agreement in conformity with
this Resolution, which shall be substantially in the form of the agreement attached hereto and made
a part hereof by reference.
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 This Resolution was passed and approved
by the following vote
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District l:
Brian Beck, District 2:
Jesse L. Davis, District 3:
Alison Maguire, District 4:
Deb Armintor, At Large Place 5--
Paul
:Paul Meltzer, At Large Place 6:
PASSED AND APPROVED this the — day of , 2021.
GERARD HMSPETH, MAYOR
to
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ATTEST:
ROSA RIOS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
CATHERINE CLUFTON, INTERIM CITY ATTORNEY
IM
CITY OF DENTON AGREEMENT WITH
THE DENTON PARKS FOUNDATION AND
DENTON COUNTY BREWING COMPANY
STATE OF TEXAS
COUNTY OF DENTON
This Agreement made this day of , 2021, by and between the
City of Denton, a Texas home -rule municipal corporation, hereinafter referred to as the "CITY",
and DENTON BREWING COMPANY and DENTON PARKS FOUNDATION.
WITNESSETH, that in consideration of the covenants and agreements herein contained,
the parties hereto do mutually agree as follows:
ARTICLE 1
GENERAL
The City grants to DENTON BREWING COMPANY the privilege to sell alcoholic
beverages for the DENTON PARKS FOUNDATION, subject to the exceptions and conditions
hereinafter set forth, at the 940 DISC GOLF TOURNAMENT on Saturday, October 16, to be held
at the North Lakes Disc Golf Course, Denton, Texas. This privilege does not extend beyond said
date and time.
ARTICLE 2
TERMS AND CONDITIONS
DENTON COUNTY BREWING COMPANY and DENTON PARKS FOUNDATION
shall comply with this agreement and perform the following in order to exercise the privilege to
sell alcoholic beverages at the North Lakes Disc Golf Course for the 940 Disc Golf tournament:
A. DENTON COUNTY BREWING COMPANY shall be responsible for securing the space
needed to sell alcoholic beverages at the North Lakes Disc Golf Course.
B. DENTON COUNTY BREWING COMPANY shall be responsible for obtaining the
temporary license and permit required to sell alcoholic beverages at the North Lakes Disc
Golf Course for the 940 Disc Golf tournament.
C. DENTON PARKS FOUNDATION shall provide the security necessary for the sale of
alcoholic beverages as predetermined and outlined in the North Lakes Disc Golf Course
rental agreement.
D. DENTON PARKS FOUNDATION and DENTON COUNTY BREWING COMPANY
shall waive their right to exercise the privilege to sell alcoholic beverages at the North
Lakes Disc Golf Course for the 940 Disc Golf tournament, if one or both respective parties
00
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fails to comply with any portion of this agreement including but not limited to, failing to
provide proof of compliance prior to the event.
ARTICLE 3
LOCAL RULES AND REGULATION
DENTON COUNTY BREWING COMPANY and DENTON PARKS FOUNDATION
agree to abide by all municipal, county, state and federal laws, resolutions, rules and regulations
and specifically, without limitation, to obtain all necessary and proper licenses, permits and
authorizations, and to comply with the requirements of any duly authorized person acting in
connection therewith. DENTON COUNTY BREWING COMPANY shall pay all taxes, if any, of
every nature and description arising out of or in any manner connected with the sale of alcoholic
beverages.
DENTON COUNTY BREWING COMPANY will exercise reasonable care and due
diligence in the sale of alcoholic beverages at the 940 DISC GOLF TOURNAMENT.
ARTICLE 4
INDEMNITY AGREEMENT
DENTON COUNTY BREWING COMPANY and DENTON PARKS FOUNDATION
shall indemnify and save and hold harmless the CITY and its officers, agents, and employees from
and against any and all liability, claims, demands, losses, and expenses, including but not limited
to, court costs and reasonable attorney fees incurred by the CITY, and including, without
limitation, damages for bodily and personal injury, death and property damage, resulting from the
negligent acts or omissions of DENTON PARKS FOUNDATION, DENTON BRWING
COMPANY, or their officers, shareholders, agents, or employees in the execution, operation, or
performance of this Agreement.
Nothing in this Agreement shall be construed to create a liability to any person who is not
a party to this Agreement, and nothing herein shall waive any of the parries' defenses, both at law
or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement,
including the defense of governmental immunity, which defenses are hereby expressly reserved.
ARTICLE 5
INSURANCE
During the performance of this Agreement, DENTON BREWING COMPANY and
DENTON PARKS FOUNDATION shall maintain the following insurance with an insurance
company licensed to do business in the State of Texas by the State Insurance Commission or any
successor agency that has a rating with Best Rate Carriers of at least an A- or above:
A. DENTON PARKS FOUNDATION shall provide and maintain Comprehensive General
Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence
and not less than $1,000,000 in the aggregate, and with property damage limits of not less
than $100,000 for each occurrence and not less than $100,000 in the aggregate.
ti
B. DENTON BREWING COMPANY shall provide and maintain Liquor (Dram shop)
Liability Insurance in the amount of $1,000,000 per occurrence for the 940 DISC GOLF
TOURNAMENT at the North Lakes Disc Golf tournament where alcohol will be provided
or served.
C. DENTON COUNTY BREWING COMPANY and DENTON PARKS FOUNDATION
shall furnish insurance certificates or insurance policies to the CITY as evidence of such
coverages. The insurance policies shall name the CITY as an additional insured on all such
policies and shall contain a provision that such insurance shall not be canceled or modified
without written notice to the CITY. In such event, the policy holder, DENTON PARKS
FOUNDATION, and/or DENTON COUNTY BREWING COMPANY shall, prior to the
effective date of the change or cancellation, serve substitute policies furnishing the same
coverage.
D. Said insurance policies are subject to review by the CITY and may be rejected at the
CITY's sole discretion, for any reason, as long as the reason is communicated to the policy
holder prior to the day of the event.
ARTICLE 6
NOTICES
All notices, communications, and reports required or permitted under this Agreement shall
be personally delivered or mailed to the respective parties by depositing same in the United States
mail to the addresses shown below, certified mail, return receipt requested, unless otherwise
specified herein. Mailed notices shall be deemed communicated as of three (3) days' mailing:
DENTON COUNTY BREWING COMPANY CITY OFDENTON:
Seth Morgan City Manager
200 E. McKinney Street 215 E. McKinney St.
Denton, Texas 76201 Denton, Texas 76201
DENTON PARKS FOUNDATION
Brooke Moore, Executive Director
901 Texas Street
Denton, TX 76209
All notices shall be deemed effective upon receipt by the party to whom such notice is
given, or within three (3) days' mailing.
ARTICLE 7
ENTIRE AGREEMENT
This Agreement, consisting of five (6) pages and 0 exhibits, constitutes the complete and
final expression of the agreement of the parties, and is intended as a complete and exclusive
statement of the terms of their agreements, and supersedes all prior contemporaneous offers,
promises, representations, negotiations, discussions, communications, and agreements which may
have been made in connection with the subject matter hereof.
ARTICLE 8
SEVERABILITY
If any provision of this Agreement is found or deemed by a court of competent jurisdiction
to be invalid or unenforceable, it shall be considered severable from the remainder of this
Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the
parties shall reform this Agreement to replace such stricken provision with a valid and enforceable
provision which comes as close as possible to expressing the intention of the stricken provision.
ARTICLE 9
DISCRIMINATION PROHIBITED
In performing the services required hereunder, DENTON COUNTY BREWING COMPANY and
DENTON PARKS FOUNDATION shall not discriminate against any person on the basis of race,
color, religion, sex, national origin or ancestry, age, or physical handicap.
ARTICLE 10
PERSONNEL
DENTON COUNTY BREWING COMPANY and DENTON PARKS FOUNDATION
represents that they have or will secure, at their own expense, all personnel required to perform all
the services required under this Agreement. Such personnel shall not be employees or officers of
or have any contractual relations with the CITY.
ARTICLE 11
ASSIGNABILITY
DENTON COUNTY BREWING COMPANY and DENTON PARKS FOUNDATION
shall not assign any interest in this Agreement and shall not transfer any interest in this Agreement
(whether by assignment, novation, or otherwise) without the prior written consent of the CITY.
ARTICLE 12
MODIFICATION
No waiver or modification of this Agreement or of any covenant, condition, or limitation
herein contained shall be valid unless in writing and duly executed by the party to be charged
therewith, and no evidence of any waiver or modification shall be offered or received in evidence
in any proceeding arising between the parties hereto out of or affecting this Agreement, or the
rights or obligations of the parties hereunder, and unless such waiver or modification is in writing
and duly executed; and the parties further agree that the provisions of this section will not be
waived unless as set forth herein.
DENTON PARKS FOUNDATION
BY: E17
SETH MORGAN, DENTO UNTY
BREWING COMPANY
BY: `_✓
BROOKE MOORE, EXECUTIVE
DIRECTOR
WITNESS:
9
BY:
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational obligations
and business terms.
IV62 &4d -e— Crk�-yAeZOA)
SIGNATURE PRINTED NAME
TITLE
T"
00
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City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
%Iiiiimlim�
www.cityofdenton.com
DENTON
Legislation Text
File #: ID 21-2027, Version: 1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton to declare the intent to reimburse capital program
expenditures of the Electric Utility ($52,904,557), Solid Waste ($2,533,367), Water ($34,491,460), Wastewater
($44,212,652), and General Government ($66,750,452) with Tax- Preferred Obligations (Certificates of
Obligation and General Obligation Bonds) with an aggregate maximum principal amount not to exceed
$200,892,488; and providing an effective date.
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DENTON
DEPARTMENT:
ACM/CFO:
DATE:
City of Denton
AGENDA INFORMATION SHEET
Finance
David Gaines
October 12, 2021
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
SUBJECT
Consider adoption of an ordinance of the City of Denton to declare the intent to reimburse capital program
expenditures of the Electric Utility ($52,904,557), Solid Waste ($2,533,367), Water ($34,491,460),
Wastewater ($44,212,652), and General Government ($66,750,452) with Tax Preferred Obligations
(Certificates of Obligation and General Obligation Bonds) with an aggregate maximum principal amount
not to exceed $200,892,488; and providing an effective date.
BACKGROUND
The purpose of this item is to allow staff to begin these projects prior to the bond sale. This is an annual
request of Council as the IRS requires that Council take action to officially state its intent to reimburse the
City from future tax-exempt debt. Initially, funding for the expenditures will be provided with unreserved
fund balances. Once the debt is sold in the bond sale process, these expenditures will be reimbursed from
the proceeds from bonds sold in the summer of 2022. The reimbursement process is allowed by the City's
Debt Policy.
The FY 2021-22 Capital Improvement Program (CIP) Budget includes new funding for capital projects by
debt for General Government of $66,750,452.
The General Government is requesting to utilize $12,208,313 of Certificates of Obligation to fund
vehicle/equipment replacements ($4,253,500), Fleet building expansion ($4,300,000), fire station 9 design
($750,000), facilities maintenance programs ($1,802,993), generator evaluation and generators ($447,020),
and security door mechanics and systems ($654,800). In addition, the General Government is requesting to
utilize $54,542,139 of General Obligation Bonds to fund the various projects from the 2019 Bond Election.
The utilities are proposing to utilize $134,142,036 of Certificates of Obligation to fund capital needs.
Electric is requesting to utilize $52,904,557, Water is requesting to utilize $34,491,460, Wastewater is
requesting to utilize $44,212,652 and Solid Waste is requesting to utilize $2,533,367.
Exhibit 2 reflects the complete list of the CO and GO funded projects included in the reimbursement request.
The budget of $200,892,488 for the Capital Improvement Program was approved by Council as part of the
FY 2021-22 Budget adoption on September 21, 2021.
PRIOR ACTION REVIEW (Council, Boards, Commissions)
On October 11, 2021, Public Utilities Board reviewed the reimbursement ordinance approving staff to move
forward with the item.
483
RECOMMENDATION
Staff recommends adoption of the ordinance.
EXHIBITS
Exhibit 1
— Agenda Information Sheet
Exhibit 2
— Project Listing
Exhibit 3
— Ordinance
Exhibit 4
— Presentation
Respectfully submitted:
Randee Klingele, 349-8206
Treasury Manager
484
CAPITAL IMPROVEMENT PROJECT LISTING - DETAILED
SERIES 2022 - Reimbursement Ordinance
As of October 12, 2021
485
FY 21-22
DEBT FUNDED PROJECTS
Term
CIP Budget
GENERAL OBLIGATION PROJECTS:
Street Reconstruction
20
$9,993,139
Bonnie Brae
20
7,500,000
Hickory Creek
20
17,149,000
Sidewalks
20
2,000,000
SUBTOTAL -Street Improvements (PROPOSITION 1) 2019 Bond Election
$36,642,139
Public Safety Facilities
20
17,900,000
SUBTOTAL - Facilities (PROPOSITION 2) 2019 Bond Election
$17,900,000
TOTAL GOs - GENERAL GOVERNMENT
$54,542,139
CERTIFICATES OF OBLIGATION PROJECTS:
Fleet Building Expansion
20
$4,300,000
Internal Service
$4,300,000
Vehicle Replacements
5
$4,253,500
Fire Station 9
10
$750,000
Facilities Maintenance Program
10
$1,802,993
Generator Evaluation and Generators
10
$447,020
Security Door Mechanics and Security System
10
$654,800
General Government
$7,908,313
TOTAL COs - GENERAL GOVERNMENT
$12,208,313
Water Impry and Maint to augment 2019 Prop 1 Street Projects
20
$
4,095,338
TXDOT 135N Relocations
20
$
4,000,000
LCR Compliance - Unknown Impacts
20
$
1,000,000
Bonnie Brae Phase 3
20
$
800,000
Morse Street Reconstruction
20
$
656,877
North South Water Main Phase 2
20
$
470,033
FM 1515 TXDOT 16" Waterline Relocation
20
$
225,000
Westgate Road and Drainage
20
$
210,000
Oversize Waterlines
20
$
200,000
Northwest Transmission Lines & BPS
20
$
14,900,000
Regulatory Performance Upgrades
20
$
11,000,000
LLWTP Raw Water Transmission Line
20
$
500,000
LLWTP Sludge Valves
20
$
200,000
Aid in Construction and Impact Fees
$
(3,765,788)
Water:
$
34,491,460
485
CAPITAL IMPROVEMENT PROJECT LISTING - DETAILED
SERIES 2022 - Reimbursement Ordinance
As of October 12, 2021
486
FY 21-22
DEBT FUNDED PROJECTS
Term
CIP Budget
Milam Creek Basin Wastewater Line and Lift Station
20
$
4,000,000
HICKORY CREEK INTERCEPTOR III
20
$
4,000,000
Annual Field Service Replacements
20
$
2,684,077
Wastewater Impry/Maint to augment 2019 Prop 1 Street Projects
20
$
2,173,911
Bonnie Brae Phase 3
20
$
1,500,000
Robson Ranch Wastewater Interceptor
20
$
1,000,000
Hickory Creek Dry Fork Interceptor
20
$
900,000
Windsor Sewer
20
$
750,000
Windsor Interceptor
20
$
739,600
Hickory Creek Interceptor IV
20
$
510,000
Davis Sewer
20
$
441,441
Barrow Sewer -Westgate Crossing
20
$
366,000
WW SERVICE LINES
20
$
307,661
ASSET MANAGEMENT PROGRAM
20
$
265,225
Oversize WasteWater Lines
20
$
200,000
WW Creek Crossings
20
$
100,000
Dry Fork Sanitary Sewer
20
$
95,000
Hickory Creek Interceptor 1 & 2
20
$
87,737
Westgate Road and Drainage
20
$
19,000
Solids Handling Improvements
20
$
14,000,000
Hunter Cole - Hickory Creek WWTP Land Acquisition
20
$
5,800,000
PCWRP Headworks Reconfiguration
20
$
1,500,000
Lift Station Replacement
20
$
1,000,000
Hickory Creek Forcemain Condition Assessment
20
$
750,000
Cooper Creek Bar Screen
20
$
500,000
Hickory Creek Lift Station Design
20
$
250,000
State School Interceptor @ PCWRP
20
$
250,000
Grissom Lift Station
20
$
200,000
Plant Improvements
20
$
80,000
Electrical Transformer Replacements
20
$
50,000
Concrete Improvement
20
$
25,000
Aid in Construction and Impact Fees
$
(332,000)
Wastewater:
$
44,212,652
Parking Lot Maintenance/Sealing
20
$
150,000.00
Scalehouse Updates
20
$
1,000,000.00
Truck Wash
20
$
400,000.00
Fleet Facility
20
$
500,000.00
Roof: 651 Mayhill
5
$
408,000.00
Roof: Solid Waste Admin
5
$
75,367.00
Solid Waste:
$2,533,367
Automated Meter Reading
30
1,069,557
Distribution Substation Cost
30
3,550,000
Distribution Transformers
30
2,000,000
Total Feeders & Extensions
30
12,050,000
Miscellaneous - CIS Enterprise System
30
1,500,000
Total Residential & Commercial
30
4,000,000
Total Over to Under Conversions
30
1,000,000
Total Power Factor Improvement
30
785,000
Street Lighting
30
2,000,000
Electric Relocations
30
4,800,000
Transmission Lines Cost
30
6,700,000
Transmission Substation Total
30
13,450,000
DME:
52,904,557
TOTAL COs
$146,350,349
GRAND TOTAL
$200,892,488
486
ORDINANCE NO. 21 -
AN ORDINANCE OF THE CITY OF DENTON TO DECLARE THE INTENT TO
REIMBURSE CAPITAL PROGRAM EXPENDITURES OF THE ELECTRIC UTILITY
($52,904,557), SOLID WASTE ($2,533,367), WATER ($34,491,460), WASTEWATER
($44,212,652), AND GENERAL GOVERNMENT ($66,750,452) WITH TAX -PREFERRED
OBLIGATIONS (CERTIFICATES OF OBLIGATION AND GENERAL OBLIGATION
BONDS) WITH AN AGGREGATE MAXIMUM PRINCIPAL AMOUNT NOT TO EXCEED
$200,892,488; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton (the "Issuer") is a municipal corporation/political
subdivision of the State of Texas; and
WHEREAS, the Issuer expects to pay, or have paid on its behalf, expenditures in
connection with the ongoing capital expansion of the General Government and Electric, Solid
Waste, Water, and Wastewater utility projects approved as part of the FY 2021-22 Capital
Improvement Program Budget and described on Exhibit "A" hereto (collectively, the "Projects")
prior to the issuance of Certificates of Obligation and General Obligation Bonds which are tax-
exempt obligations, tax -credit obligations and/or obligations for which a prior expression of intent
to finance or refinance is required by Federal or state law to finance the Projects; and
WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer
for the payment of such expenditures will be appropriate and consistent with the lawful objectives
of the Issuer and, as such, chooses to declare its intention to reimburse itself for such payments at
such time as it issues the obligations to finance the Projects; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Issuer reasonably expects to incur debt, as one or more series of tax-
exempt obligations, tax -credit obligations and/or obligations for which a prior expression of intent
to finance or refinance is required by Federal or state law (collectively and individually, the "Tax -
Preferred Obligations"), with an aggregate maximum principal amount equal to $200,892,488 for
the purpose of paying the costs of the Projects as described in Exhibit "A" attached hereto and
incorporated by reference herein for all purposes.
SECTION 2. All costs to be reimbursed pursuant hereto will be capital expenditures. No
Tax -Preferred Obligations will be issued by the Issuer in furtherance of this ordinance after a date
which is later than 18 months after the later of (i) the date the expenditures are paid or (ii) the date
on which the property, with respect to which such expenditures were made, is placed in service.
SECTION 3. The foregoing notwithstanding, no Tax -Preferred Obligation will be issued
pursuant to this ordinance more than three years after the date any expenditure which is to be
reimbursed is paid.
SECTION 4. The foregoing Sections 2 and 3 notwithstanding, all costs to be reimbursed
with qualified tax credit obligations shall not be paid prior to the date hereof and no tax credit
obligations shall be issued after 18 months of the date the original expenditure is made.
487
SECTION 5. This Ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by and
seconded by . The ordinance was passed and approved
by the following vote
Aye Nay Abstain Absent
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 12th day of October, 2021.
GERARD HUDSPETH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
Digitally signed by Mack
Date:
2
D 2
Date: 2021.10.04
BY: 17:22:51 -05'00'
488
Exhibit "A"
CAPITAL IMPROVEMENT PROJECT LISTING - DETAILED
SERIES 2022 - Reimbursement Ordinance
As of October 12, 2021
489
FY 21-22
DEBT FUNDED PROJECTS
Term
CIP Budget
GENERAL OBLIGATION PROJECTS:
Street Reconstruction
20
$9,993,139
Bonnie Brae
20
7,500,000
Hickory Creek
20
17,149,000
Sidewalks
20
2,000,000
SUBTOTAL - Street Improvements (PROPOSITION 1) 2019 Bond Election
$36,642,139
Public Safety Facilities
20
17,900,000
SUBTOTAL- Facilities (PROPOSITION 2) 2019 Bond Election
$17,900,000
TOTAL GOs - GENERAL GOVERNMENT
$54,542,139
CERTIFICATES OF OBLIGATION PROJECTS:
Fleet Building Expansion
20
$4,300,000
Internal Service
$4,300,000
Vehicle Replacements
5
$4,253,500
Fire Station 9
10
$750,000
Facilities Maintenance Program
10
$1,802,993
Generator Evaluation and Generators
10
$447,020
Security Door Mechanics and Security System
10
$654,800
General Government
$7,908,313
TOTAL COs - GENERAL GOVERNMENT
$12,208,313
Water Impry and Maint to augment 2019 Prop 1 Street Projects
20
$
4,095,338
TXDOT 135N Relocations
20
$
4,000,000
LCR Compliance - Unknown Impacts
20
$
1,000,000
Bonnie Brae Phase 3
20
$
800,000
Morse Street Reconstruction
20
$
656,877
North South Water Main Phase 2
20
$
470,033
FM 1515 TXDOT 16" Waterline Relocation
20
$
225,000
Westgate Road and Drainage
20
$
210,000
Oversize Waterlines
20
$
200,000
Northwest Transmission Lines & BPS
20
$
14,900,000
Regulatory Performance Upgrades
20
$
11,000,000
LLWTP Raw Water Transmission Line
20
$
500,000
LLWTP Sludge Valves
20
$
200,000
Aid in Construction and Impact Fees
$
(3,765,788)
Water:
$
34,491,460
489
CAPITAL IMPROVEMENT PROJECT LISTING - DETAILED
SERIES 2022 - Reimbursement Ordinance
As of October 12, 2021
490
FY 21-22
DEBT FUNDED PROJECTS
Term
CIP Budget
Milam Creek Basin Wastewater Line and Lift Station
20
$
4,000,000
HICKORY CREEK INTERCEPTOR III
20
$
4,000,000
Annual Field Service Replacements
20
$
2,684,077
Wastewater Impry/Maint to augment 2019 Prop 1 Street Projects
20
$
2,173,911
Bonnie Brae Phase 3
20
$
1,500,000
Robson Ranch Wastewater Interceptor
20
$
1,000,000
Hickory Creek Dry Fork Interceptor
20
$
900,000
Windsor Sewer
20
$
750,000
Windsor Interceptor
20
$
739,600
Hickory Creek Interceptor IV
20
$
510,000
Davis Sewer
20
$
441,441
Barrow Sewer -Westgate Crossing
20
$
366,000
WW SERVICE LINES
20
$
307,661
ASSET MANAGEMENT PROGRAM
20
$
265,225
Oversize WasteWater Lines
20
$
200,000
WW Creek Crossings
20
$
100,000
Dry Fork Sanitary Sewer
20
$
95,000
Hickory Creek Interceptor 1 & 2
20
$
87,737
Westgate Road and Drainage
20
$
19,000
Solids Handling Improvements
20
$
14,000,000
Hunter Cole - Hickory Creek WWTP Land Acquisition
20
$
5,800,000
PCWRP Headworks Reconfiguration
20
$
1,500,000
Lift Station Replacement
20
$
1,000,000
Hickory Creek Forcemain Condition Assessment
20
$
750,000
Cooper Creek Bar Screen
20
$
500,000
Hickory Creek Lift Station Design
20
$
250,000
State School Interceptor @ PCWRP
20
$
250,000
Grissom Lift Station
20
$
200,000
Plant Improvements
20
$
80,000
Electrical Transformer Replacements
20
$
50,000
Concrete Improvement
20
$
25,000
Aid in Construction and Impact Fees
$
(332,000)
Wastewater:
$
44,212,652
Parking Lot Maintenance/Sealing
20
$
150,000.00
Scalehouse Updates
20
$
1,000,000.00
Truck Wash
20
$
400,000.00
Fleet Facility
20
$
500,000.00
Roof: 651 Mayhill
5
$
408,000.00
Roof: Solid Waste Admin
5
$
75,367.00
Solid Waste:
$2,533,367
Automated Meter Reading
30
1,069,557
Distribution Substation Cost
30
3,550,000
Distribution Transformers
30
2,000,000
Total Feeders & Extensions
30
12,050,000
Miscellaneous - CIS Enterprise System
30
1,500,000
Total Residential & Commercial
30
4,000,000
Total Over to Under Conversions
30
1,000,000
Total Power Factor Improvement
30
785,000
Street Lighting
30
2,000,000
Electric Relocations
30
4,800,000
Transmission Lines Cost
30
6,700,000
Transmission Substation Total
30
13,450,000
DME:
52,904,557
TOTAL COs
$146,350,349
GRAND TOTAL
$200,892,488
490
City Council
Reimbursement Ordinance
OCTOBER 12, 2021
RANDEE KLINGELE, TREASURY MANAGER
Purpose of Reimbursement Ordinance
o Federal Law requires formal documentation of the City's intent to reimburse itself with tax exempt
bonds to be issued at a future date.
o Generally, the sale of bonds is within 12 months of the adoption of a reimbursement ordinance or
before the end of the fiscal year.
o Reimbursement ordinance allowed by Debt Policy.
GO Funded Projects
General Government — FY 2021-22 Capital Improvement Plan
P roject
Street Reconstruction
Bonnie Brae
Hickory Creel
Sidewalks
$9,993,139
71500,000
17,149,000
2,000,000
SUBTOTAL - Street Improvements (PR0POSIT 10N 1) 2019 Bond Election $.36,642,139
Public Safety Facilities 1719001000
SUBTOTAL.- Facilities ( PROPOSITION 2) 2019 Band Election $17,900,000
TOTAL GOs - GENERAL GOVERNMENT $54,547,139
CO Funded Projects
General Government — FY 2021-22 Capital Improvement Plan
Project
Fleet Building Expansion 4+300o0
Internal Service $4,300*000
Vehicle Replacements $412531500
Fire Station 9 $7501000
Facilities Maintenance Program .$1,802 993
Generator Evaluation and Generators $447,020
Security Door Mechanics and Security System $6541800
General Government $719081313
TOTAL COs - GENERAL GOVERNM ENT 12x20 x313
Water Projects
FY 2021-22 Capital Improvement Plan
Nater lmpry and Maint to augment 2019 Prop 15treet Projects
T DOT 135N Relocations
LCR Compliance - Unknown Impacts
Bonnie Brae Phase
Morse Street Reconstruction
North South Water Main Phase
FAVI 1515 T DOT 16" Waterline Relocation
Westgate Road and Drainage
Oversize Waterlines
Northwest Transmission Lines & BPS
Regulatory Performance Upgrades
LLWTP Raver Water Tra nsrnission Line
$4,095,838
4,000,000
1,000,000
804,000
656,877
470,033
25,000
10,000
200,000
14,900,000
11,444,444
504,404
LL TP Sludge Valves 200,000
Aid in Construction and Impact Fees (3,765,788)
Water Total $340491,460
Wastewater Projects
FY 2021-22 Capital Improvement Plan
M ilarn Creep Basin Wastewater Lim and Lift Station
I I ICKORY GREE K INTE RCE PTOR I
Annual Field Service Replacements
Wastewater Impr-vf Maint to augment 2019 Prop 1 Street Projac
Bonnie Brae Phase 3
Robson Ranch Wastewater Interceptor
Hickory Creek Dry Fork Interceptor
i rid-5or Sewer
Windsor Inter ptor
Hickory Creep Intercepter IV
Davis Sewer
2,173,911
11500+000
1000+000
900,000
7SD+D00
739+600
5 10,000
441A41
Contin ed an next sfrde
Wastewater Projects
FY 2021-22 Capital Improvement Plan
Barrow Sew er-W estgate Crossing
W SERVICE LINES
Asset ManaEem en t Program
Oversize Wastewater Lines
W Creek Crossings
Dry Fork Sanitary Sever
Hickory Creek Interceptor 1 & 2
Westgate Road and Drainage
Solids Handling Improvements
H u nter Cole - H ickory Creek W TP La n d Acq uisition
$366,000
307FG61
265,225
200000
100F000
95,000
87x737
19e000
MOM000
Continued on next slide
Wastewater Projects
FY 2021-22 Capital Improvement Plan
• - ice.
PCWRP H eadworks Reconfiguration 1 o 5000000
Lift Station Replacement 1,000,000
Hickory Creek Force ria i n Condition Assessment 750 000
Cooper Creek Bar Screen 500,000
Hickory Creek Lift Station Design 250,000
State School Interceptor @ PCWFSP 2500000
Grissom Lift Station 200+000
Plant Improvements 80,000
E lectrica I Tra n sfo rm er Replacem ents 500000
Concrete Improvement 25,000
Aid in Construction and Impact Fees (3320000)
I astewate r Tota 1 $44,212,652
Solid Waste Projects
FY 2021-22 Capital Improvement Plan
Project
Parking Lot Maintenance/sealing
Sca leho use Updates
Truck Mash
Fleet Favi I ity
Roof: 6SI Mayh i I I
$150,000
1,000,000
400 000
5001,000
409,000
Roof. Solid Waste Admin 75,367
Solid taste Total .7p533.p367
Electric Projects
FY 2021-22 Capital Improvement Plan
Project
Automated Meter Reading
Distribution Substation Cost
Distiribution Transformers
Total Feeders & Extensions
Miscellaneous - CIS Enterprise System
Total Residential & Commercial
Total Over to Under Conversions
Total Power Factor Improvement
Street Lighting
Electric Relocations
Transmission Lines Cost
Transmission Substation Total
DARE Total
$1,069,557
,550M0
2,000.000
12,050,000
1,500.000
4,000,000
1,000.000
785.000
2,000,000
4,800.000
6,700.000
13,450.000
Summary
Project gi
General GO (2019 Bored Sale Props)
General CO
Water
Wastewater
So I id Waste
Electric
$5415421139
121210181313
8414911460
4412 121652
215331367
5219041557
Total $200,892,488
Next Steps
February 2022 Staff reviews GO bond sale with Bond Oversight Committee.
April 2022 Council considers adoption of a Notice of Intention Ordinance to issue COs.
May 2022 Council considers approval of a parameters ordinance authorizing the sale of
both General Obligation Bonds and Certificates of Obligation.
May 2022 Projected bond sale date, if market conditions are favorable.
June 2022 Projected close of sale and delivery of funds.
QUESTIONS
503
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
DENTON
File #: ID 21-2035, Version: 1
Legislation Text
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton creating an Internal Audit Advisory Committee to
advise the City Council and City Auditor on audit activities and governance; and providing an effective date.
City of Denton Page 1 of 1 Printed on 10/8/2021
powered by LegistarT" 504
CITY __-
OF
DENTON
City of Denton
AGENDA INFORMATION SHEET
DEPARTMENT: Internal Audit
CITY AUDITOR: Madison Rorschach
DATE:
October 12, 2021
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
SUBJECT
Consider adoption of an ordinance of the City of Denton creating an Internal Audit Advisory Committee
to advise the City Council and City Auditor on audit activities and governance; and providing an effective
date.
BACKGROUND
On August 21, 2021, the City Council directed staff to dissolve the Audit and Finance Committee of the
City of Denton. During this discussion, Staff noted that the City Auditor would present options to the City
Council on how to address internal audit items going forward. On September 28, 2021, the City Council
dissolved the Audit and Finance Committee of the City of Denton.
RECOMMENDATION
Based on research presented to the City Council in the October 1, 2021 Friday Report, Staff recommends
approval and adoption of the ordinance creating an Internal Audit Advisory Committee.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
On October 1, 2021, Staff submitted an Information Staff Report to the City Council discussing the results
of research conducted around local government audit committee best practices and other Texas city audit
committees. In addition, the City Council was given the opportunity to ask questions about the proposed
Internal Audit Advisory Committee during the October 4, 2021 Work Session.
EXHIBITS
1. Agenda Information Sheet
2. Ordinance
3. Presentation
Respectfully submitted:
Madison Rorschach, 940-349-7228
City Auditor
505
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON CREATING AN INTERNAL AUDIT
ADVISORY COMMITTEE TO ADVISE THE CITY COUNCIL AND CITY AUDITOR ON
AUDIT ACTIVITIES AND GOVERNANCE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council is of the opinion and hereby finds that there are many
important issues and responsibilities facing the City Council that require a specific standing audit
advisory committee (the "Internal Audit Advisory Committee" or "Committee") to provide advice
on the organization's audit activities and governance; and
WHEREAS, subsection 2.08(q) -(r) and Section 2.13 of the City of Denton Charter
authorize the Council to provide for the auditing and investigation of the municipal affairs of the
City; and
WHEREAS, it is important that the City's internal audit function be independent and free
from improper influence or coercion; and
WHEREAS, the Government Auditing Standards, promulgated by the United States
General Accountability Office, Section 3.18 provides that the general standard related to
independence is that in all matters relating to audit work, the audit organization and the individual
auditor should be free both in fact and appearance from personal, external, and organizational
impairments to independence; and
WHEREAS, the establishment of the Internal Audit Advisory Committee will help to
ensure independence in such audit matters; and
WHEREAS, it is important that members of the Internal Audit Advisory Committee have
the collective, specific expertise necessary to effectively exercise their Committee duties and
provide advice on audit activities and governance; and
WHEREAS, the City Council is of the opinion and hereby finds the establishment of the
Internal Audit Advisory Committee is in the public interest; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1.
There is hereby created an Internal Audit Advisory Committee as a standing committee of the City
of Denton. The Internal Audit Advisory Committee shall consist of four (4) voting members. In
addition, the City Auditor shall serve as an ex -officio non-voting member of the Committee. Any
recommendation which does not receive a majority of votes shall be deemed a negative report. A
quorum of the Committee members must be present to hold a Committee meeting or to take
Committee action, with three (3) members considered a quorum. The City Auditor shall not count
towards the establishment of a quorum.
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Members of the Internal Audit Advisory Committee will be nominated and appointed by City
Council. Nominations for appointment will be taken up in the order received. Members shall be
appointed for two (2) year, staggered terms and may not be reappointed for more than three
consecutive terms. Inaugural Internal Audit Advisory Committee members shall draw straws to
determine which two (2) members shall receive an initial term of one (1) year in order to stagger
terms.
Membership on the Internal Audit Advisory Committee is limited to qualified voters of the City
of Denton. Preference in appointments shall be given to individuals in such professional fields as
auditing, accounting, finance, public administration, and risk management including the teaching
of such knowledge.
The following shall disqualify a person from serving on the Internal Audit Advisory Committee:
(1) Current service as a City of Denton employee;
(2) Separation from service as a City of Denton employee within one (1) year of
appointment; or
(3) Familial relations to a City of Denton employee within the third (3rd) degree of
affinity (marriage) or consanguinity (blood or adoption).
SECTION 2.
The Internal Audit Advisory Committee shall perform the following duties:
(a) Reviewing the City Auditor's Annual Internal Audit Plan and providing recommendations
to the City Council on its adoption;
(b) Providing oversight of the internal audit function, including:
(1) Monitoring Annual Internal Audit Plan progress;
(2) Ensuring transmission of audit reports to the City Council and the public;
(3) Monitoring follow-up on reported findings to assure corrective action is taken by
management; and
(4) Reporting to the City Council on concerns at such times as deemed appropriate;
(c) Periodically evaluating and making recommendations to the City Council on auditing
standards adopted for use by the internal audit function;
(d) Evaluating the findings and recommendations of the internal audit peer review as required
by the adopted auditing standards;
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(e) Providing advice to the City Auditor on audit activities and governance; and
(f) Assisting the City Council in other oversight duties related to the City's internal audit
function as needed or directed by City Council.
SECTION 3.
Any matters not covered by this ordinance, to the extent applicable to the City's advisory
committees and advisory committees' members, shall be governed with respect to the rules,
procedures, operation and affairs of the Internal Audit Advisory Committee by 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. The Committee shall have the authority to meet in closed session in
accordance with the requirements of the Texas Open Meetings Act.
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 - 1:
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
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ATTEST:
ROSA RIOS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
Digitally signed by Mack
Reinwand
I Date: 2021.10.0617:54:55
BY: V.
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Duties
• Reviewing the Annual Internal Audit Plan & providing recommendations to Council;
• Providing oversight of the internal audit function;
• Periodically evaluating & making recommendations to the Council on adopted auditing
standards;
• Evaluating the findings & recommendations of the internal audit peer review;
• Providing advice to the City Auditor on audit activities and governance; and
• Assisting the City Council in other internal audit oversight duties directed by City Council.
4--t.-
DENTON
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Membership
• Four qualified Denton voters:
• Cannot be a City employee or related to a City employee;
• Preference given to individuals in related professional fields;
Serve staggered two-year terms.
• Members nominated & appointed by City Council:
• Nominations for appointment taken up in the order received.
• City Auditor serves as an ex officio member of Committee.
CE'LY
OF
DENTON
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Questions?
Internal Audit Department
Madison Rorschach, City Auditor
OF
DENTON
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City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
, %Iiiiimlim�
www.cityofdenton.com
DENTON
Legislation Text
File #: DCA21-0004b, Version: 1
AGENDA CAPTION
Hold a public hearing and consider adoption of an ordinance of the City of Denton, Denton County, Texas,
regarding a proposed Code amendment to the Denton Development Code Subchapter 5 Use Regulations,
Subchapter 7 Development Standards, and Subchapter 9 Definitions; specifically, to introduce a new use, Data
Center. (DCA21-0004b, Data Center Use, Karina Maldonado) STAFF IS REQUESTING THIS ITEM BE
WITHDRAWN FROM THE AGENDA.
City of Denton Page 1 of 1 Printed on 10/8/2021
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DENTON
City of Denton
AGENDA INFORMATION SHEET
DEPARTMENT: Department of Development Services
ICM: Sara Hensley
DATE: October 12, 2021
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
SUBJECT
Hold a public hearing and consider adoption of an ordinance of the City of Denton, Denton County, Texas,
regarding a proposed Code amendment to the Denton Development Code Subchapter 5 Use Regulations,
Subchapter 7 Development Standards, and Subchapter 9 Definitions; specifically, to introduce a new use,
Data Center. (DCA21-0004b, Data Center Use, Karina Maldonado) STAFF IS REQUESTING THIS ITEM
BE WITHDRAWN FROM THE AGENDA.
BACKGROUND
On August 17, 2021, a request to rezone city -owned property by the Denton Energy Center from Public
Facilities District to Light Industrial District was approved by City Council to allow for a proposed modular
data center warehouse use. The request was associated with a ground -lease and power purchase agreement
between Denton Municipal Electric and a private third -party, securing additional revenues for the City of
Denton. Although the proposed use of modular data center warehouse was not specifically listed in Table
5.2-A of the Denton Development Code (DDC), the Director determined that the appropriate use category
and use type for the proposed use, as presented, was consistent with the existing "warehouse and wholesale
facility" use. It was further determined that given the location and separation for any rights-of-way or
adjacent properties, the associated development standards for this industrial use were sufficient to
adequately mitigate any potential impacts to surrounding properties. The Director Determination provided
is consistent with the process outlined in DDC Section 5.2.4, Classification of New and Unlisted Uses.
Since then, staff from Development Services and Denton Municipal Electric have received additional
interest from companies within the private technology sector regarding the development of similar "data
centers" within the City of Denton. However, the proposed conceptual plans shared thus far include god-
like "data centers" that incorporate the use of storage containers or other pre -fabricated pods. Staff has
determined that the use, when proposed as individual containers and/or pods not located within a building,
is not consistent with the existing "warehouse and wholesale facility" use and additional standards are
required to address potential negative impacts or nuisances to surrounding properties and the community.
Per Section 5.2.4.C.2, if the determination of an appropriate use category and use type results in a fording
that the use, structure, or activity will be a common use or would create confusion by remaining unlisted,
the Director may initiate an application for a DDC text amendment pursuant to Subsection 2.7.4: Zoning
Text Amendment, to revise Table 5.2-A: Table of Allowed Uses, accordingly. Therefore, staff proposes an
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amendment to the Denton Development Code to include the new data center use and associated
development requirements.
PLANNING AND ZONING COMMISSION
On October 6, 2021 the Planning and Zoning Commission held a public hearing and recommended [5-0] to
remand the request to the Development Code Review Committee (DCRC). The Commission indicated
concerns with the proposed language and indicated that this proposed use warranted further vetting and a
final recommendation from the DCRC. For this reason, staff is requesting that consideration if this item be
withdrawn until the recommending bodies have reviewed the request.
Minutes from the Planning and Zoning Commission meeting have not been drafted as of the issuance of
this report.
EXHIBITS
1. Agenda Information Sheet
Respectfully submitted:
Tina Firgens, AICP
Deputy Director of Development Services
Planning Director
Prepared by:
Karina Maldonado
Associate Planner
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