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12/03/2012-CC-Agenda Packet-Regular.u�gen zTEXA5 AGENDA CITY COUNCIL MONDAY, DECEMBER 3, 2012 7*00 PM 502 ELM STREET 1. Call Meeting to Order, Invocation, Pledge of Allegiance. 2. Citizens Input: (Citizens are allowed 3 minutes to speak. The City Council is unable to respond or to discuss any issues brought up during this section). CONSENT AGENDA 3. a) Approval of Minutes: November 19, 2012 - Work Session November 19, 2012 - City Council b) Disbursements c) Approve Interlocal Cooperation Agreement Between Denton County and the City of Sanger for Fire Protection and Ambulance Service 4. Consider any Items Removed From Consent Agenda. REGULAR AGENDA 5. Consider, Discuss and Possibly Approve Alternate 1 for the Construction of Sidewalk Improvements on Keaton Road in the Amount of $20,750.00. 6. Consider, Discuss and Possibly Approve Advertising for Request for Proposals for Project Administration and Surveyors Pertaining to the CDBG Grant Program. 7. INFORMATION ITEMS: a) Financial and Investment Report -October b) No Work Session or City Council Meeting on December 17, 2012 8. Adjourn. I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the bulletin board, at the City Hall of the City of Sanger, Texas, a place convenient and readily accessible to the general public at all times, and said notice was posted on the following date and time: �� , ,add ' t .'(�(� P.m. and shall remain posted until meeting is adjourneC''',. Mw Tami Taber, City Secretary / City of Sanger, Texas i e TEXN3 ///�//"1111111141 i1��,, MINUTES: CITY COUNCIL WORKSESSION November 19, 2012 PRESENT: Mayor Thomas Muir, Councilman Billy Ezell, Councilman Russell Martin, Councilman Scott Stephens, Councilman Gary Bilyeu and Councilman Rusty Patton OTHERS PRESENT: Mike Brice City Manager, Tami Taber City Secretary, Joe Iliff Development Services Director and Joe Falls 1. Call Meeting to Order. Mayor• Muir called the City Council work session to order at 6:00 p.m. 2. Discuss Potential Amendments to the Architectural Standards for New Construction Allowing Non -Masonry Exteriors Within the Central Core. Joe Miff was present and advised that the Historic Commission and the Planning and Zoning Commission were both receptive to expanding the type of materials that can be used without Council action. He is also putting together a point system that he would use. Brief discussion between Joe Miff and Council. Joe Miff will bring this item back to the Council for further discussion. 3. Overview of Items on Regular Agenda 4. Adjourn. Mayor Muir adjourned the work session at 6:48 p.m. MINUTES: CITY COUNCIL MEETING November 19, 2012 PRESENT: Mayor Thomas Muir, Councilman Billy Ezell, Councilman Russell Martin, Councilman rScott Stephens, Councilman Gary Bilyeu and Councilman Rusty Patton OTHERS PRESENT: Mike Brice City Manager, Tami Taber City Secretary, Joe Iliff Development Services Director, Joe Falls, Jon Madsen and Steve Watkins 1. Call Meeting to Order, Invocation, Pledge of Allegiance. Mayor Muir called the meeting to order at 7:02 p.m. Councilman Bilyeu led the Invocation followed by Councilman Martin leading the Pledge of Allegiance. 2. Citizens Input: (Citizens are allowed 3 minutes to speak. The City Council is unable to respond to or discuss any issues brought up during this section). Joe Falls, 4489 McReynolds Road, spoke about his concerns with sewer maintenance. CONSENT AGENDA 3. a) Approval of Minutes: November 5 -Special Called Joint Meeting With Council, 4B and Park Board November 5 - City Council b) Disbursements c) Approve Ordinance #11-19-12 -Canvassing the Results of Votes of the Special Local Option Election Held on November o, 2012, for the Legal Sale of All Alcoholic Beverages for Off -Premise Consumption Only and Providing for an Effective Date Councilman .Martin made a motion to approve. Seconded by Councilman Ezell. Motion carried unanimously. 4. Consider any Items Removed From Consent Agenda. REGULAR AGENDA 5. Conduct a Public Hearing on the Use of Alternative Exterior Building Materials and/or Design for a Proposed Structure at the Northeast Corner of loth and Plum Street (DATCU is Proposing the Use of a Modular Credit Union Branch). Mayor opened the Public Hearing at 7:10 p.m. Jon Madsen spoke on behalf of DATCU and is requesting to put in a temporary modular building for approximately four to five years before a permanent building is built. Mayor closed the Public Hearing at 7:17 p.m. 6. Consider, Discuss and Possibly Approve the Use of Alternative Exterior Building Materials and/or Design for a Proposed Structure at the Northeast Corner of 10th and Plum Street. Councilman Patton made a motion to approve for a maximum of five years. Seconded by Councilman Martin. Motion. carried unanimously. 7. Consider, Discuss and Possibly Approve Replat of Lot 1R, Block A, Sadau Addition. Councilman BAlly eu made a motion to approve. Seconded by Councilman Stephens. Motion carried unanimously. 8. INFORMATION ITEMS: a) Animal Control Report -October b) Library Report - October c) ATMOS Energy Rider GCR - Rate Filing Under Docket No. 9762 9. Adjourn. Mayor Muir adjourned the meeting at 7:26 p.m. 11/19/2012 8:59 A14 REFUNDS CHECK REGISTER PAGE: 1 PACKET: 05422 US - Refund VENDOR SET: 99 AP VENDOR SET BANK: POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK VE, I ---------------------------------------------.......... I.D. NAME --------------------......... TYPE DATE DISCOUNT -------------------......... AMOUNT NO# --------------- AMOUNT L CENTURY21 JUDGE FITE I-000201211094911 CENTURY21 JUDGE FITE R 11/19/2012 272,01 052131 272,01 1 MARCIEL, MARISA I-000201211094910 MARCIEL, MARISA R 11/19/2012 77.90 052132 77490 0 ** B A N K T O T A L S ** NO# DISCOUNTS CHECK AMT TOTAL APPLIED REGULAR CHECKS: 2 0,00 349,91 349,91 HANDWRITTEN CHECKS: 0 0,00 0.00 0400 PRE -WRITE CHECKS: 0 0,00 0.00 0400 DRAFTS: 0 0,00 0,00 0.00 VOID CHECKS: 0 0,00 0.00 0.00 NON CHECKS: 0 0,00 0.00 0000 CORRECTIONS: 0 0,00 0,00 0000 BANK TOTALS: 2 0,00 349,91 349091 11/19/2012 8:57 A14 PACKET: 05441 US - Refund VENDOR SET: 99 AP VENDOR SET BANK: POOL POOLED CASH ACCOUNT VE, I.D. NAME 1 ABBOTT, VICTORIA I-000201211154913 ABBOTT, VICTORIA REFUNDS CHECK REGISTER CHECK CHECK CHECK TYPE DATE DISCOUNT AMOUNT NO# R 11/19/2012 218,92 052130 ** B A N K T O T A L S ** NO# DISCOUNTS CHECK AP1T TOTAL APPLIED REGULAR CHECKS: 1 0.00 218.92 218.92 HANDWRITTEN CHECKS: 0 0.00 0.00 0.00 PRE -WRITE CHECKS: 0 0.00 0.00 0.00 DRAFTS: 0 0.00 0.00 0.00 VOID CHECKS: 0 0.00 0,00 0.00 NON CHECKS: 0 0.00 0.00 0,00 CORRECTIONS: 0 0,00 0.00 0.00 BANK TOTALS: 1 0.00 218.92 218.92 PAGE: 1 CHECK AMOUNT 218.92 i 11/21/2012 9:15 A14 REFUNDS CHECK REGISTER PACKET: 05447 US - Refund VENDOR SET: 99 AP VE14DOR SET BANK: POOL POOLED CASH ACCOUNT CHECK CHECK VE I.D. NAME TYPE DATE DISCOUNT AMOUNT 1 ALLBRITTON, PENNY PAGE: 1 CHECK CHECK N0 AMOUNT , I-000201211214914 ALLBRITTONPENNY R 11/21/2012 137.16 052133 ** B A N K T O T A L S ** NO# DISCOUNTS CHECK APiT TOTAL APPLIED REGULAR CHECKS: 1 0.00 137.16 137.16 HANDWRITTEN CHECKS: 0 0.00 0.00 0.00 PRE -WRITE CHECKS: 0 0.00 0.00 0.00 DRAFTS: 0 0.00 0.00 0.00 VOID CHECKS: 0 0.00 0.00 0.00 NON CHECKS: 0 0.00 0.00 0.00 CORRECTIONS: 0 0.00 0.00 0.00 BANK TOTALS: 1 0.00 137.16 137.16 137.16 11/21/2012 10:.00 A14 A / P CHECK REGISTER PAGE: 1 PACKET: 05446 Regular Payments 11/21/12 CF VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 24180 ABC AUTO GLASS I-16276 AUTO GLASS CAPRICE R 11/21/2012 967.56CR 052134 967.56 07860 ACT PIPE SUPPLY, I14C I-717661 METER BOXES/LIDS/LOCKS R 11/21/2012 460.71CR 052135 I-718030 CLAMPS F PARTS R 11/21/2012 456.90CR 052135 917.61 19050 GE CAPITAL RETAIL BANK / AMAZON I-046410335420 DVDS R 11/21/2012 185.44CR 052136 I-046413276145 DVDS R 11/21/2012 6.95CR 052136 I-046418532103 DVDS R 11/21/2012 35.98CR 052136 I-0639B2403298 BOOKS R 11/21/2012 4.00CR 052136 I-165068870541 BOOKS R 11/21./2012 28.67CR 052136 I-165069154678 BOOKS R 11/21/2012 3.19CR 052136 I-223401043959 BOOKS R 11/21/2012 8.99CR 052136 273.22 02490 CENTURYLINK I-11/10/2012 CENTURYLINK - 11/10-12/9/12 R 11/21/2012 11374.67CR 052137 11374.67 00650 CONTINENTAL RESEARCH CORP I-1220805 GRAFFITI GONE PO 109252 R 11/21/2012 360.00CR 052138 360.00 252BO COWLEY, GARY CLAYTON JR, I-0000001 ELECTRICAL INSPECTIONS R 11/21/2012 225.00CR 052139 I-0000002 ELECTRICAL INSPECTIONS R 11/21/2012 75.000R 052139 300.00 11570 CULLIGAN I-11092012 WATER BOTTLE SRV 2013 R 11/21/2012 90.55CR 052140 90.55 22650 DGS ENGINEERING LABS, PLLC I-12-10-000102 JOB- 4TH e LOCUST R 11/21/2012 325.95CR 052141 325.95 DATA BUSINESS FORMS INC. I-88356 INSPECTION RECORDS R 11/21/2012 134.34CR 052142 134.34 20980 EXPRESS SERVICES, INC. I-11769909-0 TEMP EMPLOYEES 11/11/2012 R 11/21/2012 2,004.20CR 052143 2,004.20 01070 GALLS INC. I-000147235 FLATSIDER SHOULDER RIG R 11/21//2012 139.99CR 052144 139.99 18760 INDZAN CAR GASH I-516921 CAR WASH VOUCHERS R 11/21/2012 800.00CR 052145 800.00 11/21/2012 10:00 A14 A / P CHECK REGISTER PACKET: 05446 Regular Payments 11/21/12 CF VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT PAGE: 2 CHECK CHECK CHECK CHECK NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 20220 INGRAM I-07616166 BOOKS R 11/21/2012 8.43CR 052146 I-07634613 BOOKS R 11/21/2012 16.46CR 052146 24,89 OB210 KWIK KAR I-00001-01755256 2012-13 INSPECTIONS R 11/21/2012 3M5CR 052147 39,75 10880 LOOKOUT BOOKS I-ARU0121016 BOOKS R 11/21/2012 278.60CR 052148 278.60 17900 LOWER COLORADO RIVER AUTHORITY I-LB100020 TCEO COLLECTION 10/18/12 R 11/21/2012 628.00CR 052149 628,00 21960 MCMASTER NEW HOLLA14D I-26773 POWER STEERING PUMP R 11/21/2012 496.43CR 052150 496,43 22540 MUNICIPAL WATER WORKS SUPPLY, LP I-0067207-I1I PARTS WATER LINE REPAIRS R 11/21/2012 493.28CR 052151 493,28 24940 NTTA I-30586238 TOLL FEES 4/14/11-HUNTER R 11/21/2012 3.78CR 052152 3,78 02970 OFFICE DEPOT I-632144977001 OFFICE SUPPLIES R 11/21/2012 53.78CR 052153 I-632145161001 OFFICE SUPPLIES R 11/21/2012 49.40CR 052153 I-632145162001 OFFICE SUPPLIES R 11/21/2012 51.76CR 052153 I-632145163001 OFFICE SUPPLIES R 11/21/2012 17.02CR 052153 I-632145164001 OFFICE SUPPLIES R 11/21/2012 17.02CR 052153 188,98 05050 THE PENWORTHY COMPANY I-257083 CHILDREN'S BOOKS R 11/21/2012 370428CR 052154 370.28 PETTIT MACHINERY, INC I-P93098 OIL CAP & CHAIN SAP] CHAIN R 11/21/2012 35.96CR 052155 I-P93099 GAUGE WHEELS & BLADES R 11/21/2012 244.63CR 052155 280.59 02170 REINERT PAPER & CHEMICAL, INC. I-290918 TOWELS, ETC R 11/21/2012 86,10CR 052156 86.10 11170 RICOH AMERICAS CORP:QDS I-22393704 ANNUAL 2012-2013 R 11/21/2012 205.33CR 052157 205.33 11/21/2012 10:00 A14 A / P CHECK REGISTER PACKET: 05446 Regular Payments 11/21/12 CF VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK V''. NAME / I.D. DESC TYPE DATE 25160 ROSE COSTUMES INC I-11/13/2012 SANTA SUIT R 11/21/2012 I-11/7/2012 SANTA SUIT R 11/21/2012 16040 SHOW NE BOOKS I-21641P6Xll BOOKS R 11/21/2012 24460 STERLING C014PUTER PRODUCTS I-114586 INK CARTRIDGES R 11/21/2012 11030 TCEQ I-PHS0137626 2012-13 PLATER SYSTEI4 FEE R 11/21/2012 08970 TEXAS METER & SEWER CO I-187774 PARTS FOR WATER DEPT R I1/21/2012 I-188161 PARTS FOR PLATER DEPT R 11/21/2012 02910 UPPER TRINITY I-PL271211 UPPER TRINITY-10/1-11/1/12 R 11/21/2012 24110 WOODS OF MISSION TIMBER, LTD I-WPIT 02119 WOOD DECKING 16' TRAILER R 11/21/2012 PAGE: 3 CHECK CHECK DISCOUNT AMOUNT NO# A14OUNT 59.000R 052158 120.000R 052158 174.00 187.00CR 052159 187.00 930.88CR 052160 430.88 9,496.35CR 052161 9,948.35 44.00CR 052162 297.30CR 052162 341.30 17,618.36CR 052163 171818.36 291670CR 052164 291.70 * * 'P 0 T A L S * * NO# DISCOUNTS CHECK A[•ST TOTAL APPLIED REGULAR cHEcxs: 31 0.00 39,975.69 34,975.69 HANDWRITTEN CHECKS: 0 0.00 0.00 0.00 PRE -WRITE CHECKS: 0 0.00 0.00 0.00 DRAFTS: 0 0.00 0.00 0.00 VOID CHECKS: 0 0.00 0.00 0.00 LION CHECKS: 0 0.00 0.00 0.00 CORRECTIONS: 0 0.00 0.00 0.00 REGISTER TOTALS: 31 0.00 34,475.69 34,975.69 11/21/2012 10:00 A19 A / P CHECK REGISTER PACKET: 05946 Regular Payments 11/21/12 CF VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT PAGE: 9 CH := VENDOR NAME 052161 99-11030 TCEQ TOTAL ERRORS: 0 ERROR LI S'1'I IJG PAGE ERROR MESSAGE NOTES 3 CHECK DATE < ITEM DATE TRAM NO#: I-PHS0137626 TOTAL WARNINGS: 1 AGENDA TYPE D Regular ❑ Special ®Consent Reviewed by Finance ®Yes I Lj Not Applicable ❑ Workshop ❑Executive ❑Public Hearing Reviewed by Legal ®Yes ❑Not Applicable Council Meeting Date: �Z . 3 _ 17 Submitted By: David Pennington, Fire Chief City Manager Reviewed/Approval Initials Date ACTION REQUESTED: ❑ORDINANCE ❑ RESOLUTION ® APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ REAPPOINTMENTS AGENDA CAPTION Denton County Interlocal Cooperation Agreement for Fire Protection and Ambulance Service, FINANCIAL SUMMARY RN/A ❑GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CI P ❑BUDGETED ANON -BUDGETED PR[OR CURRENT FUTURE FISCAL YEAR: YEAR YEAR YEARS TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM STAFF OPTIONS & RECOMMENDATION Staff recommends. List of Supporting Documents: • Prior Action/Review by Council, Boards, Commissions or Other Agencies: • THE COUNTY OF DENTON § STATE OF TEAS § '� SANGER VOLUNTEER FIRE DEPARTMENT —AMBULANCE SERVICES THIS. AGREEMENT, which has an effective date of October 1, 2012, is made and entered into by and behveen Denton County a political subdivision of the State of Texas, hereinafter referred to as "the COUNTY," and the Sanger �'ohtnteer Fire Department, a non- profit agency, located in Denton CountSr, Texas, hereinafter referred to as "the AGENCY". WHEREAS, the COUNTY is a duly organzed political subdivision of the State of Texas engaged in the administration of count}T government and related services for the benefit of the citizens of Denton CountS�; and WHEREAS, the AGENCY is anon -profit agency, duly organized and operating under the laws of the State of Texas and engaged in the provision of ambulance services and related services far the benefit of the citizens of the City of Sanger; and WHEREAS, the AGENCY is an owner and operator of certain ambulance vehicles and other equipment designed for the transportation of persons who are sick, infirmed or injured and has in its employ trained personnel whose duties -are related to the treatment of said individuals and the use of such vehicles and equipment; and WHEREAS, the COTINTY desires to obtain emergency ambulance and related services for the benefit of residents of the COUNTY living in unincorporated areas of the COUNTY which the AGENCY is capable of providing; and WHEREAS, the provision of emergency ambulance and related services is a governmental function that serves the public health and welfare and is of mutual concern to both the COUNTY and the AGENCY; and WHEREAS, the COUNTY desires to expend County funds to defray the expense of establishing, operating and maintaining emergency ambulance services in the County; and WHEREAS, the COUNTY and the AGENCY mutually desire to be subject to and contract pursuant to the provisions of Texas Government Code, Chapter 791 and Texas Health and Safety Code, Section 774.003, and 2012-2013 Interlocal Cooperation Agreement -Ambulance Semices/san�er - Page 1 of 8 NOW THEREFORE, the COUNTY and the AGENCY, in consideration of the mutual promises, covenants, and Agreements stated herein, agree as follows: I. TERM The term of this Agreement shall be far the period begilning of October 1, 2012, and ending on September 30, 2013. As used herein, the words and phrases hereinafter set forth shall have the meanings as follows: A. "Emergency" shall mean any circumstance that calls for immediate action and i� which the element of time in transporting the sick, «pounded or injured for medical treatment is essential to the health or life of a person or persons. Whether an emergency, in fact, exists is solely up to the discretion of the AGENCY. For dispatch purposes only, "emergency" shall include, but not be limited to: 1. The representation by the individual requesting ambulance service that an immediate need exists for the transportation of a person from any location within the agreed operating area of the AGENCY to a place where emergency medical treatment maybe obtained; or 2. The representation by the individual requesting ambulance service that an immediate need exists for the transportation of a person from any location within the agreed operating area of the AGENCY to the closest medical facility. B. "Rural area" means any area within the boundaries of the COUNTY, but outside the corporate limits of all incorporated cities, towns and villages within the COUNTY. C. "Urban area" means any area within the corporate limits of an incorporated city, town or village within the COUNTY. D. "Emergency ambulance call" means a response to a request for ambulance service by the personnel of the AGENCY in a situation involving an emergency, as defined above, by an ambulance vehicle. A single response to a call may involve the transportation of more than one person at a time, but shall be considered as only one call. III. SERVICES The services to be rendered under this Agreement by the AGENCY are the ambulance services normally rendered by the AGENCY to citizens of City of Sanger in circumstances of emergency, but which services will now be extended to all citizens of the COUNTY residing in 2012-2013 Interlocal Cooperation Agreement-Amhulance Services/Sanger - Page 2 of 8 the unincorporated areas of the COUNTY within the operating territory or jurisdiction of the AGENCY, as agreed to by the AGENCY and the COUNTY in this Agreement and as set forth in "Exhibit A," attached hereto and incorporated herein by reference. It is recognized that the officers and employees of the AGENCY have the duty and responsty of rendering ambulance services to % i Zi %e-t of the AGENCY and the COUNTY. In the performance of these duties and responsibilities, it shall be within the sole responsibility and discretion of the officers and employees of the AGENCY to determine priorities in the dispatching and use of such equipment and personnel and the judgment of the officer or employee shall be final. The COUNTY shall designate the County Judge to act on behalf of the COUNTY and to serve as "Liaison Officer" between the COUNTY and the AGENCY. The County Judge, or her designated substitute, shall devote sufficient time and attention to insure the performance of all duties and obligations of the COUNTY under this Agreement and shall provide for the immediate and direct supervision of employees, agents, contractors, sub -contractors and/or laborers of the COUNTY engaged in the performance of this Agreement. IV. PERFORMANCE OF SERVICES The AGENCY shall devote sufficient time and attention to insure the performance of all duties and obligations of the AGENCY under this Agreement and shall provide inunediate and direct supervision of the AGENCY's employees, agents, contractors, sub -contractors and/or laborers engaged in the performance of this Agreement for the mutual benefit of the AGENCY and the COUNTY. V. COMPENSATION COUNTY agrees to pay to the AGENCY an estimated fee of $114,190.00 (rounded to the nearest dollar) based on a funding formula as follows: 1. A fixed sum based on a population percentage .5085 per capita; said sum computes to $7,393.89. 2. A fixed sum of $240.8809 per ambulance transport for an estimated maximum amount of $29,869.24. Said sum is based upon 124 transports made by the AGENCY in fiscal year 2012. 3. A fixed sum based on 113.98 rural miles in the agreed operating territory; said sum computes to $76,927.15. 2012-2013 tnterlocal Cooperation AgreemenMrnbulance Services/Sanger - Page 3 of 8 The first and third sums are based upon population and mileage figures obtained from the North Central Texas Council of Governments. The second sum is based upon the definition of an "ambulance call" for purposes of this Agreement. Payment shall not be allowed for any instance in which a patient is not transported. Consistent with the repotting procedures described below, the AGENCY shall receive payment for transporting the patient regardless of the service delivery area in which the call ol-iginated: Requests for payment shall be submitted on the standardized ambulance transportation reporting form approved and provided by the COUNTY. It shall be the responsibility of the AGENCY to fizlly complete the forms and to provide complete and accurate patient information. Requests for payment shall be submitted within five (5) days of the perfol7nance of service by the AGENCY. Requests not timely submitted shall not be considered for payment. Requests for payment may be submitted by personal delivery, U.S. Mail, facsimile or computer telephone link to the office of the Denton CoLmty Fire Marshal. The date of submission shall be the date the fully documented request is received in said office. VI. FINANCIAL RECORDS The AGENCY agrees to make its financial records available for audit and/or review by the COUNTY, upon request by the COUNTY. VII. RESPONSIBILITY OF THE COUNTY The COUNTY, to the extent permitted by law, shall be responsible for the acts, omissions and negligence of all officers, employees and agents of the COUNTY who are engaged in the performance of this Agreement. VIII. RESPONSIBILITY OF THE AGENCY The AGENCY, to the extent permitted by law, shall be responsible for the acts, omissionsand negligence of all officers, employees and agents of the AGENCY who are engaged in the performance of this Agreement. IX. APPLICABLE LAW The COUNTY and the AGENCY understand and agree that liability under this contract is governed by Texas Government Code, Chapter 791 and Texas Health and Safety Code, Section 774.003. This Agreement is made in contemplation of the applicability of these laws to 2012-2013 Intedocal Cooperation Agreement -Ambulance Services/Sanger - Page 4 of 8 the Agreement. Insofar as legally possible the COUNTY and the AGENCY agree to be bound by the above mentioned statutes as they exist as of the date of this Agreement. X. DEFAULT In the event of default of any of the covenants herein contained, tl>is Agreement may be terminated at the discretion of the non -defaulting parry if such default continues for a period of ten (10) days after notice to the other parry in writing of such default and the intent to terminate this Agreement due to the default. Unless the default is cured, this Agreement shall terminate. This Agreement maybe terminated at any time by either the COUNTY or the AGENCY by giving sixty (60) days advance written notice to the other party. In the event of termination by either patty, the AGENCY shall be compensated pro rata for ail services performed to termination date together with reimbursable expenses then due as authorized by this Agreement. In the event of such termination, should the AGENCY be overcompensated on a pro rata basis for all services performed to the termination date and/or be overcompensated for reimbursable expenses, the COUNTY shall be reimbursed pro rata for all such overcompensation. Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this Agreement. XII. GOVERNIVIJENTAL IMMUNITY The fact that the COUNTY and the AGENCY accept certain responsibilities relating to the rendering of ambulance services under this Agreement as a part of their responsibility for providing protection for the public health makes it imperative that the performance of these vital services be recognized as a governmental function and that the doctrine of governmental immunity shall be, and is hereby, invoked to the extent permitted under the law. Neither the AGENCY, nor the COUNTY waive, nor shall be deemed to have hereby waived any immunity or defense that would otherwise be available to it against claims arising from the exercise of governmental powers and functions. 2012-2013 Interlocal Cooperation Agreement -Ambulance Services/Sanger - Page 5 of 8 XIII. ENTIRE AGREEMENT Tlus Agreement represents the entire Agreement between the COUNTY and the AGENCY and supersedes all prior negotiations, representations and Agreements, either written or oral: Tlus Agreement maybe amended. ol�ly by written instrument signed by both parties. ;� This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. The venue for any dispute, or matter, arising under this Agreement shall lie in Denton County, Texas. In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions of this Agreement shall remain valid and in full force and effect to the fullest extent possible. XVI. AUTHORITY The undersigned officer or agents of the parties are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the Parties. XVII. SERVICE AREA Acceptance of this Agreement constitutes approval of the service area set out in attached Exhibit "A". EXECUTED in triplicate originals on the dates set forth below. COUNTY: Denton County, Texas 110 West Hickory Street, 2nd Floor Denton, Texas 76201 By: Mary Horn Denton County Judge AGENCY: Sanger Volunteer Fire Department City of Sanger P.O. Box 1729 Sanger, Texas 76266 By:_ Name Title 2012-2013 lntertocal Cooperation Agreement -Ambulance Services/Sanger - Page 6 of 8 Acting on behalf of and by the authority of Denton County Commissioners Court of Denton, Texas DATED: ,,; .�' �i � BY: Denton County Clerk Assistant District Attorney Acting on behalf of and by the authority of the Sanger Volunteer Fire Department DATED: B�: Denton County Fire A�arshal I hereby cel•tify that funds are available in the amount of $ accolnpIish and pay the obligation of Denton County under this Agreement. James Wells, Denton County Auditor to 2012-2013 Interlocal Cooperation Agreemerrt-Ambulance Services/Sanger - Page 7 of 8 �� t SS E Uy 1 w`t �Fa� � �� 3 [§ Si i 4 7 1�� - * E • F'±8'. 2012-2013 Interlocal Cooperation Agreement -Ambulance Services/Sanger - THE COUNTY OF DENTON § § STATE OF TE�iS § SANGER VOLUNTEER FIRE DEPARTMENT — AMBULANCE SERVICES SERVICEAMBULANCE THIS AGREEMENT, which has an effective date of Octoberis made and entered into by and behveen Denton County a political subdivision of the State of Texas, hereinafter referred to as "the COUNTY," and the Sanger Vohlnteer fire Department, a non- profit agency, located in Denton CountSr, Texas, hereinafter referred to as "the AGENCY99. WHEREAS, the COUNTY is a duly organzed political subdivision of the State of Texas engaged in the administration of count�T government and related services for the benefit of the citizens of Denton CoulitST; and WHEREAS, the AGENCY is a non-profit agency, duly organized and operating under the laws of the State of Texas and engaged in the provision of ambulance services and related services for the benefit of the citizens of the City of Sanger; and WHEREAS, the AGENCY is an owner and operator of certain ambulance vehicles and other equipment designed for the transportation of persons who are sick, il�rmed or injured and has in its employ trained personnel whose duties are related to the treatment of said individuals and the use of such vehicles and equipment; and WHEREAS, the COUNTY desires to obtain emergency ambulance and related services for the benefit of residents of the COUNTY living in unincorporated areas of the COUNTY which the AGENCY is capable of providing; and WHEREAS, the provision of emergency ambulance and related services is a governmental function that serves the public health and welfare and is of mutual concern to both the COUNTY and the AGENCY; and WIIEREAS, the COUNTY desires to expend County funds to defray the expense of establishing, operating and maintaining emergency ambulance services in the County; and WHEREAS, the COUNTY and the AGENCY mutually desire to be subject to and contract pursuant to the provisions of Texas Government Code, Chapter 791 and Texas Health and Safety Code, Section 774.003, and 2012-2013 Intertocal Cooperation Ageement-Ambulance Services/San�er- Page 1 of S NOW THEREFORE, the COUNTY and the AGENCY, in consideration of the mutual promises, covenants, and Agreements stated herein, agree as follows: The term of this Agreement shall be for the period beginning of October 1, 2012, and ending on September 30, 2013. As used herein, the words and phrases hereinafter set forth shall have the meanings as follows: A. "Emergency" shall mean any circumstance that calls for immmediate action and i� which the element of time in transporting the sick, ��c�ounded or injured for medical treatment is essential to the health or Ii% of a person or persons. Whether an emergency, in fact, exists is solely up to the discretion of the AGENCY. For dispatch purposes only, "emergency" shall include, but not be limited to: 1. The representation by the individual requesting ambulance service that an immediate need exists for the transportation of a person from any location within the agreed operating area of the AGENCY to a place where emergency medical treatment maybe obtained; or 2. The representation by the individual requesting ambulance service that an immediate need exists for the transportation of a person from any location within the agreed operating area of the AGENCY to the closest medical facility. B. "Rural area" means any area within the boundaries of the COUNTY, but outside the corporate limits of all incorporated cities, towns and villages within the COUNTY. C. "Urban area" means any area within the corporate limits of an incorporated city, town or village within the COUNTY. D. "Emergency ambulance call" means a response to a request for ambulance service by ille personnel of the AGENCY in a situation involving an emergency, as defined above, by an ambulance vehicle. A single response to a call may involve the transportation of more than one person at a time, but shall be considered as only one call. III. SERVICES The services to be rendered under this Agreement by the AGENCY are the ambulance services normally rendered by the AGENCY to citizens of City of Sanger in circumstances of emergency, but which services will now be extended to all citizens of the COUNTY residing in 2012-20I3 Interlocal Cooperation Agreement -Ambulance SeR�ices/Sanger - Page 2 of 8 the unincorporated areas of the COUNTY within the operating territory or jurisdiction of the AGENCY, as agreed to by the AGENCY and the COUNTY ill this Agreement and as set forth in "Exhibit A," attached hereto and incorporated herein by reference. It is recognized that the officers and employees of the AGENCY have the duty and responsibility of rendering ambulance services to citizens of the AGENCY and the COUNTY. In the performance of these duties and responsibilities, it shall be within the sole responsibility and discretion of the officers and employees of the AGENCY to determine priorities in the dispatching and use of such equipment and personnel and the judgment of the officer or employee shall be final. The COUNTY shall designate the County Judge to act on behalf of the COUI�rTY and to serve as "Liaison Officer" between the COUNTY and the AGENCY. The County Judge, or her designated substitute, shall devote sufficient time and attention to insure the performance of all duties and obligations of the COUNTY under this Agreement and shall provide for the imediate and direct supervisi mon of employees, agents, contractors, sub -contractors and/or laborers of the COUNTY engaged in the performance of this Agreement. IV. PERFORMANCE OF SERVICES The AGENCY shall devote sufficient time and attention to insure the performance of all duties and obligations of the AGENCY under this Agreement and shall provide immediate and Erect supervision of the AGENCY's employees, agents, contractors, sub -contractors and/or laborers engaged in the performance of this Agreement for the mutual benefit of the AGENCY and the COUNTY. V. COMPENSATION COUNTY agrees to pay to the AGENCY an estimated fee of $114,190.00 (rounded to the nearest dollar) based on a funding formula as follows: 1. A fixed sum based on a population percentage .5085 per capita; said sum computes to $7,393.89. 2. A fixed sum of $240.8809 per ambulance transport for an estimated maximum amount of $29,869.24. Said sum is based upon 124 transports made by the AGENCY in fiscal year 2012. 3. A fixed sum based on 11.3.98 rural miles in the agreed operating territory; said sum computes to $76,927.15. 2012-2013 interlocal Cooperation Agreement -Ambulance Services/Sanger - Page 3 of 8 The first and third sums are based upon population and mileage figures obtained from the North Central Texas Council of Governments. The second sum is based upon the defmition of an "ambulance call" for purposes of this Agreement. Payment shall not be allowed for any instance in which a patient is not transported. Consistent with the reporting procedures described below, the AGENCY shall receive payment for transporting the patient regardless of the service delivery area in which the call originated. Requests for payment shall be submitted on the standardized ambulance transportation reporting form approved and provided by the COIJIoI TY. It shall be the responsibility of the AGENCY to fully complete the forms and to provide complete and accurate patient information. Requests for payment shall be submitted within five (5) days of the performance of service by the AGENCY. Requests not timely submitted shall not be considered for payment. Requests for payment may be submitted by personal delivery, U.S. Mail, facsimile or computer telephone link to the office of the Denton County Fire Marshal. The date of submission shall be the date the fully documented request is received in said office. VI. FINANCIAL RECORDS The AGENCY agrees to make its financial records available for audit and/or review by the COUNTY, upon request by the COUNTY. VII. RESPONSIBILITY OF THE COUNTY The COITNTY, to the extent permitted by law, shall be responsible for the acts, omissions and negligence of all officers, employees and agents of the COUNTY who are engaged in the performance of this Agreement. VIII. RESPONSIBILITY OF THE AGENCY The AGENCY, to the extent permitted by law, shall be responsible for the acts, omissionsand negligence of all officers, employees and agents of the AGENCY who are engaged in the performance of this Agreement. The COUNTY and the AGENCY understand and agree that liability under this contract is governed by Texas Government Code, Chapter 791 and Texas Health and Safety Code, Section 774.003. This Agreement is made in contemplation of the applicability of these laws to 2012-2013 Interlocal Cooperation Agreement -Ambulance Services/Sanger - Page 4 of 8 the Agreement. Insofar as legally possible the COUNTY and the AGENCY agree to be bound by the above mentioned statutes as they exist as of the date of this Agreement. X. DEFAULT In the event of default of any of Lite covenants herein contained, this Agreement may be terminated at the discretion of the non -defaulting party if such default continues for a period of ten (10) days after notice to the other party in writing of such default and the intent to terminate .his Agreement due to the default. Unless the default is cured, this Agreement shall terminate. This Agreement may be terminated at any time by either the COUNTY or the AGENCY by giving sixty (60) days advance unitten notice to the other party. In the event of termination by either party, the AGENCY shall be compensated pro rata for all services performed to termination date together with reimbursable expenses then due as authorized by this Agreement. In the event of such termination, should the AGENCY be overcompensated on a pro rata basis for all services performed to the termination date and/or be overcompensated for reimbursable expenses, the COUNTY shall be reimbursed pro rata for all such overcompensation. Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this Agreement. XII. GOVEF;NMENTAL IMMUNITY The fact that the COUNTY and the AGENCY accept certain responsibilities relating to the rendering of ambulance services under this Agreement as a part of their responsibility for providing protection for the public health makes it imperative that the performance of these vital services be recognized as a governmental function and that the doctrine of governmental immunity shall be, and is hereby, invoked to the extent permitted under the law. Neither the AGENCY, nor the COUNTY waive, nor shall be deemed to have hereby waived any immunity or defense that would otherwise be available to it against claims arising from the exercise of governmental powers and functions. 2012-2013 Interlocal Cooperation Agreement -Ambulance Services/Sanger - Page 5 of 8 XIII. ENTIRE AGREEMENT Tlus Agreement represents the entire Agreement between the COUNTY and the AGENCY and supersedes all prior negotiations, representations acrid Agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. This Agreement and any of its terrrls or provisions, as weIl as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. The venue for any dispute, or matter, arising under this Agreement shall lie in Denton County, Texas. ,.1 In the event that auy portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions of this Agreement shall remain valid and in full force and effect to the fullest extent possible. XVI. AUTHORITY The undersigned officer or agents of the parties are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the Parties. XVII. SERVICE AREA Acceptance of this Agreement constitutes approval of the service area set out in attached Exhibit "A". EXECUTED in triplicate originals on the dates set forth below. COUNTY: Denton County, Texas 110 West Hickory Street, 2nd Floor Denton, Texas 76201 By: Mary Horn Denton County Judge AGENCY: Sanger Volunteer Fire Department City of Sanger P.O. Box 1729 Sanger, Texas 76266 Name Title 2012-2013 Interlocal Cooperation Agreement -Ambulance Servicesl5anger - Page 6 of 8 Acting on behalf of and by the authority of Denton County Commissioners Court of Denton, Texas DATED: BY: BY: Denton County Clerk Assistal�t District Attorney Acting on behalf of and by the authority of the Sanger Volunteer Fire Department DATED: BY: Denton County Fire Marshal I hereby certify that funds ale available in the amount of $ accomplish and pay the obligation of Denton County under this Agreement. James Wells, Denton County Auditor to 2012-2013 Intertocal Cooperation Agreement -Ambulance Services/Sanger - Page 7 of 8 '� f' `# Ii�� F i�t E a 7 k�F1 "1j� k 4 � � y4 � � SF CI E �s �- F %f ' rSt� � ji �. 'a� } s l i ��{. 1 i «_ c�F I t ''kr Kraut.,• irj ' � E E 1 � ( � � �� t r �. °.; y �� i • � ��x 2012-2013 Interlocal Cooperation Agreement -Ambulance Services/Sanger - Page 8 of 8 COUNCIL A".L' IN VA ITEM AGENDA TYPE ❑ Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes ❑ Not Applicable ❑ 'Yes ® Not Applicable Council Meeting Date: December 3, 2012 Submitted By: Rob Woods City Manager Reviewed/Approval Initials Date AZ �f ACTION REQUESTED: ❑ORDINANCE # ❑ RESOLUTION ® APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ® AWARD OF CONTRACT ❑ CONSENSUS ❑ REAPPOINTMENTS AGENDA CAPTION Discussion and possible action on covering the construction of sidewalks improvements for Keaton Road. FINANCIAL SUMMARY ❑N/A ❑GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CI P ❑BUDGETED ❑NON -BUDGETED FISCAL YEAR, PRIOR YEAR CURRENT YEAR FUTURE YEAR(S) TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM Council approved the original contract (in the amount of $108,415.00) during the July 16, 2012 session. Due to budget constraints Alternate I was not awarded at that time. The cost of alternate would be ($20,750.00) fiords are now available to cover the cost of this additional work. STAFF OPTIONS & RECOMMENDATION Staff recommends awarding alternate one for the amount of $20,750.00. List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other Agencies: [ § ( \ � vW$0 m q : = < 2 n S Cl) « J 5 m < aa« # / �.o [ ) q cn ; E CD0 toCL § om 2 � 2 C § o � \ \ to m k � m B / / () ƒ ) co / 0 a ( / 2 I \ / x /§ \ \\ ' CD : COUNCIL AGENDA ITEM AGENDA TYPE ❑ Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes ® Not Applicable Ll Yes ® Not Applicable Council Meeting Date: December 3, 2012 Submitted By: Rob Woods City Manager Reviewed/Approval Initials Date �- ACTION REQUESTED: ❑ORDINANCE # ❑ RESOLUTION APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ REAPPOINTMENTS AGENDA CAPTION Discussion and possible action on the Advertisement for Request for Proposals (RFP) for project administration and surveyors pertaining to the CDBG grant program. FINANCIAL SUMMARY ❑N/A ❑GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CI P []BUDGETED ❑NON -BUDGETED FISCAL YEAR: PRIOR YEAR CURRENT YEAR FUTURE YEAR(S) TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM Staff is recommending advertising for RFP on January 9, 2013 for both the project administration of the CDBG grant and surveyors to provide services with the necessary field work and preparation of documents. STAFF OPTIONS & RECOMMENDATION Staff recommends approval for advertising. List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other Agencies: D m m O m X -i m D -+ ;D ry X m O S-1< Cl)0TD O rm b c�oz z m y Z W UG) D)(D'(D 0mm C m o D H ?y m X x �rrD@ 0 FAM Om n n c v 3 3 3 z m m z `D ? °c m ° m Om z° m y(D m m CD m m 0 v, W D z N m m CD 0 C m c 0 3 N m O d (p Q G) C C• 0 ? 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