HomeMy WebLinkAbout059336-RV1 - Construction-Related - Contract - Tarrant County Hospital District dba JPS Health NetworkDate Received: 5/4/2026
Time Received: 9 :4 0 a.m.
Permit No.: SWFMA-26-0001
City Secretary No.: 59336-RV 1
REVOCATION OF
STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into by and between Tarrant County
Hospital district d/b/a JPS Health Network, hereinafter referred to as "Landowner", and
the City of Fort Worth, hereinafter referred to as "City".
WITNESSETH
WHEREAS, the Landowner is the owner of certain real property described as a
0.276 acre tract of land situated in the Franklin Richards Survey, Abstract No. 1297,
City of Fort Worth, Tarrant County, Texas and being a portion of Lots 1 & 2, Block
R, Rosedale Addition, according to the deed recorded in Instrument No. D211306101,
and Document No. D202002463, in the Deed Records, Tarrant County, Texas,
hereinafter called the "Property".
WHEREAS, the Landowner applied for certain development permits for the
Property with the City of Fort Worth in approximately May 8, 2023, however the
anticipated development did not subsequently occur; and
WHEREAS, the Landowner and City executed a Stormwater Facility Maintenance
Agreement ("Agreement") for the drainage facilities anticipated to be constructed during
development, and which was filed with the City as City Secretary Contract No. 59336 and
which is recorded in Instrument No. D223078975 in the Deed Records, Tarrant County,
Texas; and
WHEREAS, the Landowner and City wish to revoke said Stormwater Facility
Maintenance Agreement because it is moot by virtue of the anticipated drainage facilities
OFFICIAL RECORD
REVOCATION OF STORMWATER FACILITY MAINTENANCE AGREEMENT
Revised 03/01/2022 BN CITY SECRETARY Page 1 of
FT. WORTH, TX
having never been constructed, and it is in the interest of the parties to revoke the
Agreement; and
NOW, THEREFORE, in consideration of the foregoing premises, the mutual
covenants contained herein, and the following terms and conditions, the parties hereto
agree as follows:
1. The Stormwater Facility Maintenance Agreement (City Secretary Contract No.
59336) recorded in recorded in Instrument No. D223078975 in the Deed
Records, Tarrant County, Texas is hereby revoked, and the obligations of the
parties as stated therein are mutually terminated.
2. The parties to this Revocation represent that the foregoing recitals are true, that
they possess sufficient interests in the Property to make this Agreement, and
that they are legally authorized to execute this agreement.
3. This Agreement shall be recorded among the deed records of Tarrant County,
Texas, shall constitute a covenant running with the land, and shall be binding
on the Landowner, its administrators, executors, assigns, heirs and any other
successors in interests, including any property owners association.
[THE REMAINDER OF THIS PAGE TO INTENTIONALLY LEFT BLANK]
REVOCATION OF STORMWATER FACILITY MAINTENANCE AGREEMENT
Revised 03/01/2022 BN Page 2 of 4
Executed this 2 n d day of May
CITY OF FORT WORTH
Jesica McEachern
Assistant City Manager
City of Fort Worth
Date: 05/02/2026
Approved as to Form and Legality:
2026.
LANDOWNER
Tarrant County Hospital District d/b/a
JPS ealth Networ
By: Jil F rrell
Its: Se i Executive Vice President, Chief
O Vating�Ojffiicce/r
jy,
Date:"v
Contract Compliance Manager:
M. Kam' AAo&rs-j It By signing, I acknowledge that I am the
M. Kevin Anders, II (Apr 2$ 2026 13:34:01 CDT)
person responsible for the monitoring and
M. Kevin Anders, II
Assistant City Attorney II administration of this contract, including
City Attontey's Office ensuring all performance and reporting
requirements.
Date: 04/28/2026
ATTEST: 'Woo 0
o .�
Q A °°°°aopsa4
Jannette S. Goodall
City Secretary
Date: 05/04/2026
Kandice Merrick
Planning Manager
Date: 04/28/2026
REVOCATION OF STORMWATER FACILITY MAINTENANCE AGREEMENT
Revised 03/01/2022 BN
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Page 3 of 4
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on May 2, 2026 by
Jesica McEachern, Assistant City Manager of the City of Fort Worth, on behalf of the City
of Fort Worth.
�R aL KATHLEEN BRADFORD
r Notary Public
+ k STATE OF TEXAS
N.Wy W. 12197197
aF My Comm, Ex , ".12, 2027
LANDOWNER
STATEOF
COUNTY OF
(name),
Notary Public, State of Texas
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
S on this day personally appeared � t � I E'k Ir--,
(title), known to me to be the
person whose name is subscribed to the foregoing instrument, and acknowledged to me
that he/she executed the same for the purposes and considerat' n therein expressed, as the
act and deed of ,L lrcul-. ; , �t ^S. 1 �� 1 / (entity), a
4,41 `f�06,a (entity type) and in the capacity therein
stated.
GIVEN UNDER MY HAND AND
�y�
of 1tol ei , 2026.
Suzanne Barnes
;�. Not Public
STATE; OF TEXAS
Notary ID #1N17257.2
My Comm. Exp. 08/06/2026-
„,.,.
OF OFFICE this day
REVOCATION OF STORMWATER FACILITY MAINTENANCE AGREEMENT
Revised 03/01/2022 BN Page 4 of 4
PREVIOUS SWFMA
D223078975 05/08/2023 04:05 PM Page: 1 of 19 Fee: $91.00 Submitter: COFW TPW STORM WATER DEV
Electronically Recorded by Tarrant County Clerk in Official Public Records �
MARY LOUISE NICHOLSON
COUNTY CLERK
Date Received: 5/8/2023
Time Received: 8:28 a.m.
Permit No.: SWFMA-22-0101
City Secretary No.: 59336
STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this 8th day of May
2023 , by and between Tarrant County Hospital District d/b/a JPS Health
Network, hereinafter referred to as "Landowner", and the City of Fort Worth, hereinafter
referred to as "City".
WITNESSETH
WHEREAS, the Landowner is the owner of certain real property described as tract
of land situated in the Franklin Richards Survey, Abstract No. 1297, City of Fort Worth,
Tarrant County, Texas and being a portion of Lots 1 & 2, Block R, Rosedale Addition,
according to the deeds recorded in Document No. D211306101, and Document No.
D202002463, Deed Records, Tarrant County, Texas, hereinafter called the "Property".
WHEREAS, the Landowner is proceeding to build on and develop the Property
according to the Site Plan/Subdivision Plan known as Transitional Parking and Contractor
Staging Area — Lot B, hereinafter called the "Plan", which is expressly made a part hereof,
as approved or to be approved by the City and the Landowner provides for management of
storm water within the confines of the Property; and;
WHEREAS, the City and the Landowner, and their successors and assigns, agree
that the health, safety and welfare of the residents of the City of Fort Worth, Texas require
that on -site Stormwater Management Facilities be constructed and maintained on a portion
of the Property; and
WHEREAS, the City requires that on -site Stormwater Management Facilities
("Facility") as shown on the Plan be constructed and adequately maintained by the
STORMWATER FACILITY MAINTENANCE AGREEMENT 1
Rev. 03/01/2022 BN
D223078975
Page 2 of 19
Landowner, its successors and assigns, the location and dimensions of which is shown and
more particularly described by metes and bounds in the attached Exhibit "A" ("Facility
Property"); and.
NOW, THEREFORE, in consideration of the foregoing premises, the mutual
covenants contained herein, and the following terms and conditions, the parties hereto
agree as follows:
1. The Landowner, its successors and assigns, shall adequately construct and
maintain the on -site Stormwater Management Facility ("Facility") at no
expense to the City of Fort Worth in accordance with the design specifications
for the Facility, attached as Exhibit `B", and the current standards then in force
and effect in the City of Fort Worth and with the Operations and Maintenance
Plan attached to this Agreement as Exhibit "C". The Stormwater Facility
includes all pipes, channels or other conveyances built to convey Stormwater
to the facility, as well as all structures, improvements, and vegetation provided
to control the quantity and quality of the Stormwater. Adequate maintenance is
herein defined as good working condition so that these facilities are performing
their design functions. The Stormwater Structural Control Maintenance
Checklists, attached to this Agreement as Exhibit "D", are to be used to
establish what good working condition is acceptable to the City.
2. The Landowner, its successors and assigns, shall inspect the Facility and
submit an inspection report to the City annually. The purpose of the inspection
is to assure safe and proper functioning of the Facility. The inspection shall
cover the entire Facility, berms, inlet and outlet structure, pond areas, access
roads, water quality device, etc. Components of the Facility, which need
maintenance or replacement to perform their design function, shall be noted in
the inspection report along with the corrective actions to be taken.
3. The Landowner, its successors and assigns, hereby grant permission to the
City, its authorized agents and employees, to enter upon the Property and to
inspect the Facility Property whenever the City deems necessary. The purpose
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 03/01/2022 BN
K
D223078975
Page 3 of 19
of inspection is to follow-up on reported deficiencies and/or to respond to
citizen complaints. The City shall provide the Landowner, its successors and
assigns, copies of the inspection findings and a directive to commence with the
repairs if necessary.
4. In the event the Landowner, its successors and assigns, fails to maintain the
Facility in good working condition as specified herein and such failure
continues for 30 days after written notice from the City to Landowner of such
failure, the City, its authorized agents and employees, may enter upon the
Facility Property and take whatever steps necessary to correct deficiencies
identified in the inspection report and to charge the costs of such repairs to the
Landowner, its successors and assigns. In the event of any emergency, there
will be no such notice requirement and the City will have the right to enter
upon the Facility Property immediately to take whatever steps necessary
to correct deficiencies. It is expressly understood and agreed that the City
is under no obligation to routinely maintain or repair said Facility, and in
no event shall this Agreement be construed to impose any such obligation
on the City, such obligation is Landowner's.
5. The Landowner, its successors and assigns, will perform the work necessary to
keep the Facility in good working order as appropriate. In the event the City
pursuant to this Agreement, performs work of any nature, or expends any funds
in performance of said work for labor, use of equipment, supplies, materials,
and the like, the Landowner, its successors and assigns, shall reimburse the
City upon demand, within thirty (30) days of receipt thereof for all actual costs
incurred by the City hereunder.
6. This Agreement imposes no liability of any kind whatsoever on the City. THE
LANDOWNER AGREES TO HOLD THE CITY HARMLESS FROM
ANY LIABILITY IN THE EVENT THE FACILITY FAILS TO
OPERATE PROPERLY.
7. Landowner covenants and agrees that no habitable building shall be erected
within the boundaries of the Property in which the Facility is located as
outlined on Exhibit "A" but this paragraph shall not preclude construction of
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 03/01/2022 BN
3
D223078975
Page 4 of 19
other improvements within the boundaries of the Property in which the Facility
is located, which do not impede drainage. Landowner covenants and agrees
that no habitable building shall be erected on the above property abutting such
boundaries of the Property in which the Facility is located which shall have a
finished floor at an elevation less than two feet above the maximum depth of
water in the detention pond which would occur during a 100-year frequency
flood.
8. This Agreement shall be recorded among the land records of Tarrant County,
Texas, shall constitute a covenant running with the land, and shall be binding
on the Landowner, its administrators, executors, assigns, heirs and any other
successors in interests, including any property owner's association.
[THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK]
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 03/01/2022 BN
4
D223078975
Page 5 of 19
Executed this 8th
day of May
CITY OF FORT WORTH
Dana Burgbdo f
Dana Burghdoff (Ma 1, 2023 12:01 CDT)
Dana Burghdoff
Assistant City Manager
City of Fort Worth
Date: May 1, 2023
Approved as to Form and Legality:
Thomas Royce Hansen,
Assistant City Attorney II
City Attorney's Office
Date: May 1, 2023
ATTEST:
Jannette S. Goodall
City Secretary
Date: May 8, 2023
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 03/01/2022 BN
2023
LANDOWNER
Tarrant County Hospital District d/b/a
JPS Health Network
tr.'Xaren� Duncan,
President & Chief Executive Officer,
CEO Date:1�23
%
Contract Compliance Manager:
By signing, I acknowledge that I am the
person responsible for the monitoring
and administration of this contract,
including ensuring all performance and
reporting requirements.
Rebecca Diane Ovien (May 1, 2C2311:35 CDT)
Rebecca Owen
Planning Manager
Date: May 1, 2023
5
D223078976
Page 6 of 19
STATE OF TEXAS
COUNTY OF TARRANT
This instrument was acknowledged before me on May 1st, 2023 by
Dana Burghdoff, Assistant City Manager of the City of Fort Worth, on behalf of the City
of Fort Worth:
BROOKE BONNELL
_ Notary Public
* * STATE OF TEXAS
Nl9�oF�+P Notary I.D. 134009525
My Comm. Exp. Oct. 11, 2026
LANDOWNER
STATE OF pl�J �-5
COUNTY Or `I �'r4A.�JL
Digitally signed by Brooke
Brooke Bonnell Bunnell
Date: 2023.05.01 12:39:59-OS'00'
Notary Public, State of Texas
_ BEFORE ME, the undersigned authority, a Notary Public i and for the State of
on this day personally appeared_ I4 &AA
(name), 6 ED (title), known to me to be the
person whose name is subscribed to the foregoing instrument, and acknowledged to me
that he/she executed the same for the purposes and consideration therein expressed, as the
�
act ' ^and / /deed of �JZS 14&--Ik ��► l (entity), a
(entity type) and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this �4 day
of &6 I , 20
•PvpV'• Suzanne Barnes Notary Public, State of T_� V'ks
Notary Public
STATE OF TEXAS
Notary ID #12417257-2
Q'Fo"F�t+ My Comm. Exp, 08/06/2026
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 03/C1/2022 BN
D223078976
Page 7 of 19
EXHIBIT "A"
INSERT LEGAL DESCRIPTION
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 03/01/2022 BN
D223078976
Page 8 of 19
EXHIBIT "A"
LEGAL DESCRIPTION
PRIVATE DRAINAGE EASEMENT
BEING 0.276 acre of land situated in the FRANKLIN RICHARDS SURVEY, Abstract No. 1297,
City of Fort Worth, Tarrant County, Texas, and being a portion of Lots 1 and 2, Block R,
Rosedale Addition, to the City of Fort Worth, Tarrant County, Texas, according to the plat
recorded in Volume 32, Page 382, of the Plat Records of Tarrant County, Texas. Said 0.276
acre of land being more particularly described by metes and bounds as follows:
BEGINNING at a point lying N 31' 25' 54" W 59.68 feet, from a'/z" iron rod marked "Brittain &
Crawford" found at the Southeast corner of said Lot 2, Block R, Rosedale Addition, and the
Northeast corner of Lot 4-R, Block R, Rosedale Addition, to the City of Fort Worth, Tarrant
County, Texas, according to the plat recorded in Volume 388-202, Page 95, of the Plat Records
of Tarrant County, Texas;
THENCE severing said Lots 1 & 2, Block R, as follows:
1. S 75' 13' 43" W 35.20 feet, to a point;
2. S 860 43' 14" W 24.79 feet, to a point;
3. N 83°
30' 57" W
52.40 feet, to a point;
4. N 61 °
19' 59" W
7.98 feet, to a point;
5. N 24°
54' 17" W
43.60 feet, to a point;
6. N 00° 31' 06" W 14.29 feet, to a point;
7. N 890 28' 54" E 17.07 feet, to a point at the beginning of a curve to the left;
8. NORTHEASTERLY 6.30 feet, along said curve to the left, having a radius of
4.00 feet, a central angle of 900 10' 46", and a chord bearing N 44' 23' 31" E 5.67
feet, to a point at the end of said curve;
9. N 00' 41' 5Z W 21.50 feet, to a point;
10. N 89' 18' 08" E 135.00 feet, to a point;
11. S 00' 28' 47" E 51.09 feet, to a point;
12. S 330 58' 16" W 35.51 feet, to the POINT OF BEGINNING containing 0.276 acre
(12,038 square feet) of land,
G^3922',EASE\4ENTS! F..,, A.'diii. m, Lnt 2, Rik R - Dw;,,. ge E:.. r...H - 0.276 Acw -cA t
D223078975
Page 9 of 19
EXHIBIT "A"
E. MAGNOLIA AVENUE
Course
Bearing
Distance
L1
S
75'13'43"
W
35.20'
L2
S
AR'43'14"
W
24.79'
L3
N
83'30'57"
IN
52.40'
L4
N
61°19'59"
W
7.98'
LS
N
24'54'17"
W
43.60'
L6
N
00'31'06"
W
14.29'
L7
N
89'28'54"
E
17.07'
L8
N
00'41'52"
IN
21.50'
1-9
N
89'18108"
E
135.00,
L10
S
00'28'47"
E
51.09'
L11
S
33'58'16"
W
35.51'
---- — —
— — — — — —
PRIVATE
DRAINAGE EASEMENT
`
L7
0.276 ACRE
(12.038 SO. FT.)
LOT 2, BLK. R
c
NORTH 134' OF
ROSEDALE ADDITION
VOL. 32, PG. 382
LOT 1, BLK. P. I
P.R.T.C.T.
ROSEDALE ADDITION
i
TRACT 2
CC# D211306101 I
TARRANT COUNTY
HOSPITAL DISTRICT
C
i
D.R.T.C.T. I
y1~
CC# D202002463ci
i
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L3
Ll
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ti%
RpC2 1Zg1
,/2-IRON ROD MARKE
BRITTAINFOUND WFORD"i
;
LOT 3-R, BLOCK R i
ROSEDALE ADDITION
LOT BLOCK R
i
VOL. 308-202. PG. 95
ROSEDDALAL E ADDITION
VOL. 385-202. PG. 95
P.R.T C.T.
P.R.T.C.T.
I
Curved Radius I Length
Delta Chord Chord Bear.
1" E
rcn
�P'EGt5TERFo y�
.......................
( CHRIS L. BLEVINS
..e...................•`......
5792 '
1
FsuR\'����
NOVEMBER 9, 2022
V1 4.uu- o.ou �u 10 46 5.67 N 44 23 3
BRITTAIN & CRAWFORD EXHIBIT MAP
LAND SURVEYING & OF c
TOPOGRAPHIC MAPPING 0.276 ACRES OF LAND
TEL (817) 926-0211
FAX (517) 925-9347 LOCATED IN
P.O. ROn 11374 ' 3906 SOUTH FREEWAY
FORT WORTH, TEXAS 76110 BLOCK R�
EMAIL oWntn�Dritlo.n-crowtad.com
YIFRSITEe wv-Arillwtn-cra*("d can ROSEDALE ADDITION
F4tM CERTIFICAT041 1019000 CITY OF FORT WORTH, TARRANT
2013An Mg'nt'RfttrvwX d. LLC COUNTY, TEXAS SCALE I"=40'
(KC.) PP' 0Fr TS\JPS-R, -DSEDALF ADEIN\JPS-BLC ICK-R-EAL.EMENL.dwy
D223078975
Page 10 of 19
EXHIBIT "B"
DESIGN PLAN AND SPECIFICATIONS
D223078975
Page 11 of 19
3
x
TRANSITIONAL PARKING
�..Z
AND CON TRACTOR STAGING AREAS
g `](!g9
Curllo En neerui LLC
bn Er
Ib
PRE -DEVELOPMENT DRAINAGE,
1h::n•91�A'Wa+�fi .Ivm14,}.inrrn YP_li��]
D223078975 Page 12 of 19
D223078975
Page 13 of 19
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DETENTION POND PLAN LOT-8 _, =sari lap rhnve9n•eunY?a rl lm�anunnpl- nvf
D323O78S75
Page 14 of 19
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Carriu
D223078975
Page 15 of 19
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D22307897
Page 16 of 19
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D223078975
Page 17 of 19
Exhibit "C"
CITY OF FORT WORTH STORMWATER FACILITY
OPERATION AND MAINTENANCE PLAN
The only responsibility the City of Fort Worth has in the operation and maintenance of this
Facility is inspection.
General Maintenance Procedures
The structural and functional integrity of the Facility shall be maintained at all times by
removing and preventing drainage interference, obstructions, blockages, or other adverse
effects into, through, or out of the system.
Periodic silt removal shall occur when standing water conditions occur or the pond's storage
volume is reduced by more than 10%. Silt shall be removed and the pond/basin returned to
original lines and grades shown on the approved engineering plans. In addition, corrective
measures are required any time a basin does not drain completely within 72 hours of
cessation of inflow. NO STANDING WATER IS ALLOWED in basins designed for dry
detention purposes.
Accumulated litter, sediment, and debris shall be removed every 6 months or as necessary
to maintain proper operation of the basin. Disposal shall be in accordance with federal, state
and local regulations.
Detention facilities shall be mowed monthly between the months of April and October or
anytime vegetation exceeds 12-inches in height.
To prevent debris from entering and clogging the downstream storm sewer system a wire
mesh screen or similar screening device shall be installed over the outlet until final
acceptance.
4. PREVENTIVE MAINTENANCE/INSPECTION
Visual inspections of all components will be conducted every 6 months.
A log shall be kept of maintenance actions, and inspections. The log should
document the condition of the detention system's primary components, mowing, and
silt, litter and debris removal dates. Document aeration of the basin bottoms and
replanting to prevent the sealing of the basin bottom.
Written maintenance and repair records shall be maintained by the party or
parties signing the attached Agreement and shall be provided to the City upon
request.
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 11117/2016
D223078975
Page 18 of 19
Exhibit "D"
Stormwater Structural Maintenance CHECKLIST
FREQUENT
INSPECTION
DATE
REPAIRS
REQUIRED
REPAIRS
MADE
NOTES
Mowing
Remove Trash and
debris
Inspect irrigation
system operation
Remove grass
clippings
Violations Noted
MINOR
INSPECTION
Condition of Pond
Amount of silt in
and
Amount of silt in
flume
Amount of ponded
water
Amount of wetland
vegetation
Location of Erosion
Percent of vegetation
Condition of trash
guard
Location of Erosion
MAJOR
INSPECTIONS
Condition of
Stormwater Quality
Structure
Type of Stormwater
Quality Structure
Structure type and
Condition
Condition of Rip -Rap
Condition of
filtrations stem
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 11/17/2016
D223078975
Page 19 of 19
Berm or
Embankment
Settlement
Location of erosion
Evidence of Animals
Evidence of Aquatic
life
Condition of
Aeration Foundation
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 11/17/2016
10
FORT WORTH.
City Secretary's Office
Contract Routing & Transmittal Slip
Contractor's Name: Tarrant County Hospital District d/b/a JPS Health Network
Subject of the Agreement:
Revocation of Contract # 59669
M&C Approved by the Council? * Yes ❑ No M
If so, the M&C must be attached to the contract.
Is this an Amendment to an Existing contract? Yes ❑ No 0
If so, provide the original contract number and the amendment number.
Is the Contract "Permanent"? *Yes 0 No ❑
If unsure, see backpage for permanent contract listing.
Is this entire contract Confidential? *Yes ❑ No 0 If only specific information is
Confidential, please list what information is Confidential and the page it is located.
Effective Date:
If different from the approval date.
Expiration Date:
If applicable.
Is a 1295 Form required? * Yes ❑ No 21
*If so, please ensure it is attached to the approving M&C or attached to the contract.
Project Number: If applicable. PN26-0001
*Did you include a Text field on the contract to add the City Secretary Contract (CSC)
number? Yes 0 No ❑
Contracts need to be routed for CSO processing in the followingorder:
rder:
1. Katherine Cenicola (Approver)
2. Jannette S. Goodall (Signer)
3. Allison Tidwell (Form Filler)
*Indicates the information is required and if the information is not provided, the contract will be
returned to the department.