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02/07/2011-CC-Agenda Packet-Regular1. AGENDA CITY COUNCIL MONDAY, FEBRUARY 7, 2011 7:00 PM 502 ELM STREET 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: January 18, 2011 -Work Session January 18, 2011 -Council Meeting b) Disbursements 4. Consider any Items Removed From Consent Agenda. REGULAR AGENDA ""5. Discuss, Consider and Possibly Act on Rejecting Bids Received for Wayne, Jackilu and 1st Street Covering the Construction of Paving, Drainage and Utility Improvements and Re -bid. 6. Discuss, Consider and Possibly Act on Approving Interlocal Agreement With Denton County for Improvements to Utility Road. 7. Discuss, Consider and Possibly Act on Approving Staff to Advertise for Request for Proposal (RFP) on Bank Depository Services. 8. INFORMATION ITEMS a) Investment Report b) Library Report for December 9. 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 sai t, ice was posted on the following date and time: ,;2, , 2Q// _,, ' n = AiyS,%'r ( C ,.m. and shall remain posted until meeting is adjourned. J /' . ' s- • C/ Tami Taber, City Secretary City of Sanger, Texas This facility is wheelchair accessible or interpretive services must be mad (940) 458-7930 for further information. spaces are available. Requests for accommodations ieeting. Please contact the City Secretary's office at MINUTES: CITY COUNCIL WORK SESSION January 18, 2011 PRESENT: Mayor Muir, Councilman Russell Martin, Councilman Rusty Patton, Councilman Gary Bilyeu and Councilman Garza ABSENT: Councilwoman Marjory Johnson OTHERS PRESENT: Mike Brice City Manager, Tami Taber City Secretary, Bob Kneis and Bill Osweiler of IESI L Call Meeting to Order. Mayor Muir called the meeting to order. 2. Discussion on Recycling. Bob Kneis spoke to the City Council regarding recycling. He handed out a sample flyer that Haltom City currently uses. He recommended the 65 gallon poly cart which would be $3.86 per month and it would be picked up once per week. IESI would own and maintain the carts and they would place a flyer on the bins when they are delivered to the residents. He also suggested that the City hold a public meeting or two to get the citizens input before implementing this. 3. Overview of Items on Regular Agenda. 4. Adjournment. Mayor Muir adjourned the meeting. MINUTES: CITY COUNCIL MEETING January 18, 2011 PRESENT: Mayor Thomas Muir, Councilman Russell Martin, Councilman Patton, Councilman Gary Bilyeu and Councilman Andy Garza ABSENT: Councilwoman Marjory Johnson OTHERS PRESENT: Mike Brice City Manager, Tami Taber City Secretary, Kelli Alexander, Sam Alexander, Bob Kneis and Bill Osweiler of IESI 1. Call Meeting to Order, Invocation, Pledge of Allegiance. Mayor Muir called the meeting to order, Councilman Garza 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 or to discuss any issues brought up during this section). Kelli Alexander spoke about the animal shelter. CONSENT AGENDA 3. a) Approval of Minutes: January 3, 2011 -Special Called Meeting January 3, 2011 - City Council Meeting b) Disbursements Councilman Martin made a motion to approve. Seconded by Councilman Patton. Motion carried unanimously. 4. Consider any Items Removed from Consent Agenda. None. REGULAR AGENDA 5. Consider, Discuss and Possibly Act on Approving Annual Rate Increase With IESI as per the Contract. The current rate is $12.08 and the increase would be $.38 per home making it a total of $12.46. The City adds the $2.00 limb pickup charge into that making the new monthly total for both residential and commercial customers $14.46 per month. This rate increase would go into effect February 1, 2011. Councilman Bilyeu made a motion to approve. Seconded by Councilman Garza. Motion carried unanimously. 6. Discuss, Consider and Possibly Act on Approving the Lone Star Library Grant With the Texas State Library & Archives Commission, Councilman Patton made a motion to approve. Seconded by Councilman Bilyeu. Motion carried unanimously. 7. INFORMATION ITEMS: a) Animal Control Report for December 8. Adjourn. Mayor Muir adjourned the meeting. 1/25/2011 10:46 AM PACKET: 03915 Regular Paymenzs VENDOR SET: 9c BANK POOL POOLED CASH ACCOUNT A / P CHECK REGISTER PAGE: i CHECK CHECK CHECK CHECK NDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 07860 ACT PIPE SUPPLY, INC I-496041 8" FLANGED VALVE R 1/25/2011 769.85CR 045542 I-496935 WELL 6 REPAIRS R 1/25/2011 149.00CR 045542 918.85 19050 GE MONEY BANK / AMAZON I-201101243863 DVD'S R 1/25/2011 143.91CR 045543 143.91 18100 AMERICAN MUNICIPAL SERVICES I-7292 BAD DEBT COLLECTION R 1/25/2011 56.80CR 045544 I-7312 WARRANT COLLECTION DEC 10 R 1/25/2011 11.54CR 045544 68.34 04050 CURTIS AMYX I-201101243857 REIMB FOR AMO R 1/25/2011 54 M CR 045545 54411 00270 ANIMAL HOSPITAL ON MILAM RD, P.C. I-12681 VET SERVICE 12/19/10 R 1/25/2011 129.73CR 045546 129.73 11740 BETSY ROSS FLAG GIRLS,INC I-684077-D FLAGS R 1/25/2011 31764.52CR 045547 3,764.52 15100 JOSH BISHOP I-201101253878 HUMAN TRAFFICKING R 1/25/2011 12.50CR 045548 12.50 20 BWI I-261996c 60 BOOKS BABYGARTEN R 1/25/2011 20.76CR 045549 20.76 14560 C & G WHOLESALE I-35211 FULL SET UNIFORM- DODSON R 1/25/2011 698.84CR 045550 698.84 22300 CARD SERVICE CENTER I-201101253864 RED FLAG TRAINING R 1/25/2011 117o00CR 045551 I-201101253865 NLC CONF HOTEL/SHUTTLE R 1/25/2011 836.48CR 045551 I-201101253866 CANDY FOR SANTA R 1/25/2011 120.76CR 045551 I-201101253867 COFFEE R 1/25/2011 49.95CR 045551 I-201101253868 CANDY FOR SANTA R 1/25/2011 132.15CR 045551 I-201101253869 J BOLZ - LICENSE RENEWAL R 1/25/2011 111*00CR 045551 I-201101253870 WINGATE-CHERYL PRICE R 1/25/2011 162.76CR 045551 I-201101253871 WINGATE-TAMI TABER R 1/25/2011 162.76CR 045551 1,692.B6 06240 CASCADE FIRE EQUIPMENT I-1121487 DUES R 1/25/2011 76900CR 045552 76.00 1/25/2011 10:46 AM PACKET: 03915 Regular Payments VENDOR SET: 94 BANK POOL POOLED CASH ACCOUNT A / P CHECK REGISTER PAGE: 2 CHECK CHECK CHECK CHECK .NDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 00560 CHAMBER OF COMMERCE I-SCC-07-1186 MEMBERSHIP R 1/25/2011 325.000R 045553 325.00 12760 CINTAS, INC. I-492415011 UNIFORMS R 1/25/2011 65.65CR 045554 I-492418326 UNIFORMS R 1/25/2011 65.65CR 045554 131.30 00590 CITY OF DENTON I-201101203853 BACTERIOLOGICAL TEST R 1/25/2011 40.000R 045555 40.00 21100 COLEMAN LAW FIRM I-201101243862 MUNICIPAL PROSECUTOR R 1/25/2011 1,000.00CR 045556 11r000.00 00790 COUNTY BUILDERS SUPPLY, INC. I-10026741 JET TRUCK PARTS R 1/25/2011 9.54CR 045557 I-10026778 CAULK GUN R 1/25/2011 13.98CR 045557 I-10026882 WATER LEAK SUPPLIES R 1/25/2011 4.07CR 045557 I-10026887 WATER LEAK SUPPLIES R 1/25/2011 1.29CR 045557 28.88 11570 CULLIGAN I-07361044 2/1 2/8 WATER SERVICE R 1/25/2011 22.40CR 045558 22.40 02650 D&S ENGINEERING LABS, PLLC I-10-0129-1 COWLING RD LAB SERVICE R 1/25/2011 620600CR 045559 620.00 03140 DATA FLOW: CLASSIC COMPUTER SUPPLIES, INC. I-58954 W-2,ENVELOPES,1099 R 1/25/2011 78.48CR 045560 78.48 06040 DAVIDSON TITLES I-207823 BOOKS R 1/25/2011 159438CR 045561 159.38 22180 DEBORAH L. RIDGE, RN, CA-CP SANE I-196-A SANE EXAM #S12131080 R 1/25/2011 400oOOCR 045562 400.00 22400 REECE DUNN I-201101253874 MEALS SPANISH 2/8-2/11 R 1/25/2011 50.000R 045563 50.00 20710 CHERYL HAZELWOOD-ESTES CPA, P.C. I-654 11/30 - 1/16 R 1/25/2011 5,025.000R 045564 51025,00 20980 EXPRESS SERVICES, INC. I-99150311-1 12/26 R 1/25/2011 828.75CR 045565 I-99168119-8 1/02/11 R 1/25/2011 688.50CR 045565 11517.25 1/25/2011 10:46 AM PACKET: 03915 Regular Payments VENDOR SET: 99 MNK POOL POOLED CASH ACCOUNT A / P CHECK REGISTER PAGE: 3 CHECK CHECK CHECK CHECK SVDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 20640 FOSTERS LOCK SERVICE I-4694 REKEY LOCKS R 1/25/2011 150.00CR 045566 150.00 22520 GENERAL TRUCK BODY I-0000036473 TAILGATE ASSEMBLY -NEW TR R 1/25/2011 536625CR 045567 536.25 08760 GT DISTRIBUTORS INC I-0338379 UNIFORMS - STEVENSON R 1/25/2011 168.25CR 045568 168.25 07750 HOME DEPOT/GECF I-8010239 PULLEYS,SNAP HOOKS,PLYWOO R 1/25/2011 188963CR 045569 I-9314562 NAILS,BLADES,DOOR KNOB R 1/25/2011 205o86CR 045569 394.49 05510 IESI I-1200338262 DEC 2010 ROLLOFF R 1/25/2011 93.64CR 045570 93.64 20220 INGRAM I-56413418 BOOKS R 1/25/2011 71.52CR 045571 I-5658721? 13 BOOKS 1 AUDIO R 1/25/2011 47.08CR 045571 118.60 19490 JAVELINA MECHANICAL SERVICES, INC. I-9368 CCS-8 FILTER/SILENCER R 1/25/2011 1,233.15CR 045572 1,233.15 )20 RONALD KINNEY I-201101243860 AMO FOR QUALIFYING R 1/25/2011 32.41CR 045573 32.41 10790 KNOWBUDDY I-ARU0091986 IN OUR WORLD BOOKS R 1/25/2011 154965CR 045574 154.65 03920 STEVE LEHOTSKY I-201101243861 AMO FOR QUALIFYING R 1/25/2011 54.11CR 045575 I-201101253876 1/24/11 HUMAN TRAFFICING R 1/25/2011 12.50CR 045575 66.61 01310 LUTTRULL MCNATT, INC. I-CTCS543921 INSPECTION 27-30 R 1/25/2011 39.75CR 045576 I-CTCS545758 INSPECTION R 1/25/2011 39.75CR 045576 I-CTCS546506 INSPECTION # 46-54 R 1/25/2011 39.75CR 045576 I-CVCS545757 INSPECTION R 1/25/2011 14.50CR 045576 133.75 04850 MICRO MARKETING ASSOC.LLC 1-309288 AUDIO BOOKS R 1/25/2011 86.96CR 045577 86.96 1/25/2011 10:46 AM PACKET: 03915 Regular Paymenu7 VENDOR SET: 9 BANK POOL POOLED CASH ACCOUNT A / P CHECK REGISTER PAGE: 4 CHECK CHECK CHECK CHECK NDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 01920 NICHOLS, JACKSON, DILLARD,HAGER & SMITH, LLP I-12100011 DEC 2010 R 1/25/2011 96.000R 045578 96.00 18350 NORTH TEXAS REGIONAL LIBRARY SYSTEM, INC. I-E120110 ANNUAL CONSORTIUM FEE R 1/25/2011 31166.91CR 045579 3,166.91 08690 O'REILLY AUTO PARTS I-273945 SPARK PLUG 671 R 1/25/2011 7.96CR 045580 I-274588 SPRAY DE-ICER R 1/25/2011 23.88CR 045580 I-274796 BLUE SHOP TOWELS R 1/25/2011 143.40CR 045580 175.24 20450 CARL PARKER I-201101253877 HUMAN TRAFFICKING R 1/25/2011 12.50CR 045581 12.50 08300 JONATHAN PERKINS I-201101243858 AMO FOR QUALIFYING R 1/25/2011 26.13CR 045582 26.13 02120 QUILL, INC. I-1019777 OFFICE SUPPLIES R 1/25/2011 179.99CR 045583 179.99 12820 RICOH AMERICAS CORP. I-411036757 MAINT AGREEMENT R 1/25/2011 432.12CR 045584 I-41135361 MAINT AGREEMENT R 1/25/2011 320.55CR 045584 752.67 11170 RICOH AMERICAS CORP:QDS I-18405625 COPIER LEASE R 1/25/2011 227.71CR 045585 227.71 02300 SANGER COURIER: LEMONS NEWSPAPERS, INC. I-13036 DEC SPORTS PAGE R 1/25/2011 55.000R 045586 I-201101133844 SUBSCRIPTION R 1/25/2011 23v00CR 045586 78.00 01800 SANGER INSURANCE I-201101253872 RENEWAL FEE - PUNCHES R 1/25/2011 71.000R 045587 71.00 16870 SEBCO I-158581 18 BOOKS R 1/25/2011 282.39CR 045588 282.39 02450 SOLOMON, CORP. C-25296 TRANSFORMERS R 1/25/2011 150.00 045589 I-151905 TRANSFORMERS R 1/25/2011 216.000R 045589 I-207972 TRANSFORMERS R 1/25/2011 180.000R 045589 I-210755 TRANSFORMERS R 1/25/2011 81255.000R 045589 8/501000 1/25/2011 10:46 AM PACKET: 03915 Regular Paymencz VENDOR SET: 9 BANK POOL POOLED CASH ACCOUNT A / P CHECK REGISTER PAGE: 4NDOR NAME / I.D. DESC 17400 PRECIOUS STAFFORD I-123110- 12/28 & 1/6 I-201101253873 1/14 - 1/15 18620 STERICYCLE I-4002302128 BIO PICK-UP 12460 SUPREME PARTS WASHERS I-S19462 QTRLY SERVICE PARTS WASHE 21470 TALES OF WONDER I-64198 18 BOOKS 22860 TEK SUPPLY I-4626320-01 POLY MAX KENNEL FLOORING 05350 TEXAS EXCAVATION SAFETY SYST I-10-9111 MESSAGE FEES 2011/2012 17380 THE GLOVE GUY I-1505 WELDING GLOVES 20230 TIER TWO CHEMICAL REPORTING PROGRAM - ZZ109-180 I-201101133843 2010 CHEMICAL REPORTING 04560 TMCEC I-201101253875 REGIANAL JUDGE SEMINAR 19260 TYLER TECHNOLOGIE; I-6521 12MO MONTHLY INSITE/WEB I-6522 12MO MONTYLY FEE I-6880 MAG STRIPE READER I-7001 ACCT RECV MODULE 11430 USA BLUEBOOK, INC. I-300399 SOCKET SET,WRENCH 22450 VIDACARE I-3745 EZIO NEEDLE SET 22700 WATERWAY I-6008 007 HOSE/LADDER TEST CHECK CHECK CHECK TYPE DATE DISCOUNT AMOUNT MOO R 1/25/2011 220.000R 045590 R 1/25/2011 495.000R 045590 R 1/25/2011 67.000R 045591 R 1/25/2011 150.000R 045592 R 1/25/2011 100.63CR 095593 R 1/25/2011 587.22CR 045594 R 1/25/2011 25.65CR 045595 R 1/25/2011 12.00CR 045596 R 1/25/2011 50.000R 045597 R 1/25/2011 50.000R 045598 R 1/25/2011 110.000R 04559 R 1/25/2011 125.000R 04559� R 1/25/2011 170.00CR 045599 R 1/25/2011 495.000R 045599 R 1/25/2011 437.33CR 045600 R 1/25/2011 502.65CR 045601 R 1/25/2011 2,002.15CR 045602 CHECK AMOUNT 715.00 C:5![II�7 150.00 100.63 587.22 25.65 50.00 900.00 437.33 502.65 2,002.15 1/25/2011 10:46 AM PACKET: 03915 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT �NDOR NAME / I.D. DESC 17930 ROBERT WOODS I-201101203854 TX FLOODPLAIN DUES TOTAL ERRORS: 0 ** T O T A L S REGULAR CHECKS: HANDWRITTEN CHECKS: PRE -WRITE CHECKS: DRAFTS: VOID CHECKS: NON CHECKS: CORRECTIONS: REGISTER TOTALS: TOTAL WARNINGS: 0 A / P CHECK REGISTER CHECK CHECK CHECK TYPE DATE DISCOUNT AMOUNT NO#{ R 1/25/2011 85.000R 045603 NO# DISCOUNTS CHECK AMT TOTAL APPLIED 62 0.00 39,401.04 39,401.04 0 0.00 0.00 O.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 62 0.00 39,401.04 39,401904 PAGE: 6 CHECK AMOUNT B5.00 COUNCIL AGENDA 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: February 7, 2011 Submitted By: Mike Brice City Manager Reviewed/Approval Initials' p Date e f ACTION REQUESTED: ❑ORDINANCE # ❑ RESOLUTION ® APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ® AWARD OF CONTRACT ❑ CONSENSUS ❑ REAPPOINTMENTS AGENDA CAPTION Consider, Discuss and Possibly Act on Rejecting Bids Received for Wayne, Jackilu and lst Street Covering the Construction of Paving, Drainage and Utility Improvements and Rebid. 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 ❑S Utility ❑ S Special ❑ S BACKGROUND/SUMMARY OF ITEM A Request for bidders was advertised, staff received five responses. Upon review from staff and the engineering firm of Hamilton -Duffy, P.C. no contractor was selected. Staff and the consultant believe that it would be in the City's best interest to reject all bids and rebid the project including a concrete pavement alternate. STAFF OPTIONS & RECOMMENDATION Staff recommends rejecting all received bids and rebidding the project with the concrete alternate included. List of Supporting Documents/Exhibits Attached: Bid Tabulation Prior Action/Review by Council, Boards, Commissions or Other Agencies: BTD TABULATION Owner: City of Sanger Job: Jackilu, North and South Ist, Bolivar Street and Wayne Drive Improvements Project No: 138-002 Engineer: Hamilton Duffy, P.C. Bid Date: December 28, 2010 1. Jagoe Public Co. $492,648,90 2. Jackson Construction, LTD. $497,912.50 3. The 1<aiai Group, Inc. , $497,982.00 4. JRJ Paving, LP $500,302.27 S, Atkins Bros. $624,468.00 O O O O O O O 0 0 0 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C J?r. 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W - tli >*T"J 4' 4' R: I- 4 4 a r U 0.' 4 x 1-- W e{ �n )y M(O*)MMMV v d'vv� t a00v COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ® Yes ❑ Not Applicable ❑ Yes ® Not Applicable Council Meeting Date: February 7, 2011 Submitted By: Mike Brice City Manager Reviewed/Approval Initials o Date �^ �_— ACTION REQUESTED: []ORDINANCE ❑ RESOLUTION ® APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ REAPPOINTMENTS AGENDA CAPTION Discuss, Consider, and Possibly Act on Approving Interlocal Agreement With Denton County for Improvements to Utility Road. FINANCIAL SUMMARY ®N/A ❑GRANT FUNDS [:]OPERATING EXPENSE ❑REVENUE ❑CI P ❑BUDGETED ❑NON -BUDGETED FISCAL YEAR: PRIOR YEAR CURRENT YEAR FUTURE YEAR(S) TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM This will allow them to chip and seal the rest of Utility Road from the culvert to the railroad tracks. STAFF OPTIONS & RECOMMENDATION List of Supporting Documents: • Interlocal Agreement Prior Action/Review by Council, Boards, Commissions or Other Agencies: • None Cheryl Price 'rom: Kim Guertler [Kim.Guertler@dentoncounty.com] Sent: Wednesday, January 19, 2011 11:27 AM To: mbrice@sangertexas.org; citycouncil@sangertexas.org Cc: Steve Rollins; Hugh Coleman; John Feldt Subject: ICA - Utility Road Attachments: Utility Rd - Co. Work - Town -City Pays All.pdf Attached please in the Interlocal Cooperation Agreement for improvements to Utility Road. Upon approval please submit three executed originals to me at the address shown below. Please feel free to contact my office with any questions or concerns. Thanks you, Kim Guertler Denton County District Attorney's Office Civil Division 1450 E. McKinney, Suite 3100 Denton, Texas 76209 (940) 349-2757 1 THE STATE OF TEXAS § COUNTY OF DENTON § INTERLOCAL COOPERATION AGREEMENT BETWEEN DENTON COUNTY, TEXAS, AND THE CITY OF SANGER, TEXAS THIS AGREEMENT is made, entered into and executed by and between Denton County, Texas, a duly organized political subdivision of the State of Texas, engaged in the administration of county government and related services for the citizens of Denton County, Texas, hereinafter "the County;" and the City of Sanger, Texas, a corporate and political body July organized and existing under the laws of the State of Texas, engaged in the administration of municipal government and related services for the citizens of the City of Sanger, Texas, hereinafter "the City." The County and the City are collectively referred to herein as "the Parties." WHEREAS, the County and the City mutually desire to enter into this Agreement whereby the County agrees to perform surface road repairs which shall be limited to chip sealing Utility Road, with said road being approximately 22 feet wide and beginning approximately 650 linear feet east of the intersection of Utility Road and the IH-35 Frontage Road and continuing east approximately 1,250 linear feet and ending approximately 85 linear feet west of the railroad grade crossing, located entirely within the municipal limits of the City and Denton County Commissioner Precinct #1, hereinafter "the Project;" and WHEREAS, the Interlocal Cooperation Act, Texas Government Code Chapter 791, hereinafter "the Act," provides authorization for a local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act and the County and the City hereby mutually agree to be subject to the provisions of the Act; and WHEREAS, the County and the City value the timely completion of the Project which involves roads which are an integral part of the County's road system and the Parties are undertaking the Project to facilitate safe travel on an improved roadway; and NOW, THEREFORE, this Agreement is hereby made and entered into by the County and the City upon and for the mutual consideration stated herein: ICA —Sanger —Utility Road Page 1 of 7 WITNESSETII: I. Pursuant to Texas Government Code §791.011, the County and the City hereby enter into this Agreement in order to perform certain governmental functions and services in the area of streets, roads and drainage. The purpose of this Agreement is to provide a governmental function or service that each party is authorized to perform individually. II. The County and the City hereby agree that the scope of the Project shall be limited to chip sealing Utility Road, with said road being approximately 22 feet wide and beginning approximately 650 linear feet east of the intersection of Utility Road and the IH-35 Frontage Road and continuing east approximately 1,250 linear feet and ending approximately 85 linear feet west of the railroad grade crossing, with a total cost for all materials required for satisfactory completion of the Project which shall not to exceed EIGHT THOUSAND EIGHT HUNDRED SIXTEEN DOLLARS AND NO/100 ($85816.00). III. The County agrees to provide all necessary labor, materials and machinery required for satisfactory completion of the Project. In addition, the Colony will provide all inspections of the Project. IV. The City agrees to reimburse the County for the total cost of all materials required for satisfactory completion of the Project in an amount which shall not exceed EIGHT THOUSAND EIGHT HUNDRED SIXTEEN AND NO/100 DOLLARS ($8,816.00), which shall be paid within thirty [30] calendar days upon receipt of an invoice from the County once the Project is completed. 1� This exchange of in -kind services between the County and the City is deemed adequate consideration for the obligations exchanged by the Parties herein. VI. Upon satisfactory completion of the Project, the County shall submit an invoice to the City for the cost of all materials used iri the satisfactory completion of the Project to the City of Sanger, Texas, Attention: City Secretary, P. O. Box 1729, Sanger, Texas 76266, and the City ICA —Sanger — Utility Road Page 2 of 7 shall reimburse the County for the cost of all materials required for satisfactory completion of the Project within thirty [30] days of receipt of an invoice. VII. As required by Texas Transportation Code §251.012 and as evidenced by the signature of the City's representative below, the governing body of the City by the execution of and approval of this Agreement hereby approves of the expenditure of City money to finance the construction, improvement, maintenance and/or repair of a street or alley in the County that is located in the City. VIII. This Agreement may be terminated in whole or in part by the County or the City upon thirty [30] days written notice to the other party setting forth a substantial failure by the defaulting party to fulfill its obligations under this Agreement through no fault of the terminating party. No such termination may be affected unless the defaulting party is given: (1) written notice of intent to terminate, setting forth the substantial failure to perform, delivered via certified mail, return receipt requested; (2) not less than thirty [30] calendar days to cure the failure; and (3) an opportunity for consultation with the terminating party prior to termination. In the event of termination by the County, the City shall pay all approved invoices submitted up to and including the date of termination. IX. This Agreement represents the entire integrated agreement between the County and the City and supersedes all prior negotiations, representations and/or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both of the Parties. Notices shall be directed as follows: For City: Honorable Thomas Muir, Mayor City of Sanger, Texas P. O. Box 1729 Sanger, Texas 76266 Copy To: Ms. Tami Taber, City Secretary City of Sanger, Texas P. O. Box 1729 Sanger, Texas 76266 ICA —Sanger — Utility Road Page 3 of 7 For County: Honorable Mary Horn Denton County Judge 110 West Hickory Street, 2nd Floor Denton, Texas 76201 Copy To: Denton County District Attorneys Office —Civil Division 1450 East McKinney Street, Suite 3100 Denton, Texas 76209 X. The covenants, terms and conditions herein are to be construed under the laws of the State of Texas and are performable by the Parties in Denton County, Texas. The Parties mutually agree that venue for any obligation arising from this Agreement shall lie in Denton County, Texas. The County agrees and understands that the County, its employees, servants, agents and/or representatives shall at no time represent themselves to be employees, servants, agents and/or representatives of the City. XII. The City agrees and understands that the City, its employees, servants, agents and/or representatives shall at no time represent themselves to be employees, servants, agents and/or representatives of the County. XIII. The County agrees to accept fiill responsibility for the acts, negligence and/or omissions of all County employees, agents, subcontractors and/or contract laborers and for all other persons doing work under a contract or agreement with the County. XIV. The City agrees to accept fiill responsibility for the acts, negligence and/or omissions of all City employees, agents, subcontractors and/or contract laborers and for all other persons doing work under a contract or agreement with the City. XV. This Agreement is not intended to extend the liability of the Parties beyond that provided ICA —Sanger —Utility Road Page 4 of 7 for by law. Neither the County nor the City waive, nor shall be deemed to have hereby waived, any immunity or defense that would otherwise be available to it against claims made by third parties. XVI. 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. XVII. The undersigned officers and/or agents of the Parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the Parties hereto, and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. This Agreement becomes effective when signed by the last party whose signing makes the respective agreement fully executed and the term of this Agreement is for the life of the Project beginning on the date of execution of this Agreement and continuing until the Project is completed. ICA -Sanger —Utility Road Page 5 of 7 Executed in triplicate originals this DENTON COUNTY, TEXAS 110 West Hickory Denton, Texas 76201 By: Honorable Mary Horn Denton County Judge Acting by and on behalf of the authority the Denton County Commissioners Court ATTEST: By: Denton County Clerk APPROVED AS TO FORM: Bv: Assistant District Attorney ICA —Sanger —Utility Road 2011. CITY OF SANGER, TEXAS P. O. Box 1729 Sanger, Texas 76266 By: Honorable Thomas Muir Mayor of the City of Sanger, Texas Acting by and on behalf of the authority of the City of Sanger, Texas ATTEST: By: City Secretary APPROVED AS TO FORM: By: City Attorney Page 6 of 7 APPROVAL OF INTERLOCAL COOPERATION AGREEMENT PROJECT BETWEEN DENTON COUNTY, TEXAS, AND THE CITY OF SANGER, TEXAS Denton County, Texas, acting by and through the Denton County Commissioners Court, having been advised of the Project, with a total cost for all materials required for satisfactory completion of the Project of EIGHT THOUSAND EIGHT HUNDRED SIXTEEN DOLLARS AND NO1100 ($8,816.00), which shall be paid to Denton County, Texas, herein gives its specific written approval to the Project prior to beginning the Project in satisfaction of Texas Government Code §791.014. The description of the Project to be undertaken and its location are as follows: perform surface road repairs which shall be limited to chip sealing Utility Road, with said road being approximately 22 feet wide and beginning approximately 650 linear feet east of the intersection of Utility Road and the I1-1-35 Frontage Road and continuing east approximately 1,250 linear feet and ending approximately 85 linear feet west of the railroad grade crossing, located entirely within the municipal limits of the City and Denton County Commissioner Precinct #1. The local governments which requested the Project and with whom the Agreement is by and between are Denton County, Texas, and the City of Sanger, Texas. By vote on the date below, the Denton County Commissioners Court has approved the Project identified above and authorized execution of this document by the presiding officer of the Denton County Commissioners Court. Date: By: Presiding Officer of the Denton County Commissioners Court ICA —Sanger —Utility Road Page 7 of 7 COUNCIL AGENDA 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, February 7,2011 Submitted By: Katie Griffin City Manager Reviewed/Approval Initials - Date ACTION REQUESTED: ❑ORDINANCE ❑ RESOLUTION M APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ REAPPOINTMENTS AGENDA CAPTION Discuss, Consider, and Possibly Act on the Request for Proposal of Bank Depository Services. 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 The City of Sanger is seeking proposals from eligible financial institutions to be the banking services depository for public funds of the city for a contract period beginning March 15, 2011 and ending March 14, 2012 with the option of renewal for up to five years. Proposals are limited to banks within the city limits of Sanger. STAFF OPTIONS & RECOMMENDATION List of Supporting Documents: • Request for Proposal Bank Depository Services dated February 7, 2011. Prior Action/Review by Council, Boards, Commissions or Other Agencies: 0 None February 7, 2011 The City of Sanger will. accept proposals for a Bank Depository for City Funds until 2:00p.m., February 28, 2011, at which time all proposals will be opened and publicly read in the Council Chambers at the City of Sanger, 502 Elm Street, Sanger, Texas. Proposals will be considered by Council at the regular scheduled meeting of March 7, 2011, at 7*00p.m. The City of Sanger reserves the right to reject any and all proposals deemed not to be in the best interest of the City. Page 1 of 16 I. INTRODUCTION The City of Sanger is seeking proposals from eligible financial institutions ( Bank") to be the banking services depository for public funds of the City. The contract period will be one (1) year beginning March 15, 2011 and ending March 14, 2012, with the option for annual renewal for up to five (5) years. Either party may terminate the contract by providing at least a ninety (90) day written notification of said termination. The contract will also provide for an extension period not to exceed one hundred and twenty (120) days for the transition to a new Bank depository, if needed. At the outset, the City wishes to communicate the primary objectives of the depository agreement, an important component of the overall treasury and debt management program of the City of Sanger: • To seek a Bank that is both capable of providing comprehensive services and willing to be attentive to the City's banking needs. • To maximize the total dollars earned by the City on bank balances in order to be prudent and effective custodians of financial resources. • To maintain a good working relationship with the depository Bank. • To adequately compensate the depository Bank for services provided to the City and to allow a reasonable profit to be earned, subject to competitive forces in the market place. • To fully comply with the requirements of Texas Local Government Code Chapter 105, as amended. This Request for Proposal (RFP) is intended to serve as the OFFICIAL PROPOSAL FORM for the depository agreement. There are several blanks to fill in and questions to be answered. Any alterations, changes, or deletions to this Proposal may be reason for the City to disregard and reject the proposal. Any terms in this RFP which are in conflict with Chapter 105, as amended, of the Texas Local Government Code shall be deemed superseded by such chapter. Conflicts discovered between this RFP and state law by a proposal submitter should be noted in the submitted proposal form. Those submitting proposals will be required, if awarded the depository agreement proposal, to execute the documents Depository Services Contract, unless noted in their proposal exceptions to the terminology. City will disregard any exceptions which conflict with Chapter 105 referenced above. All points outlined and materials requested will be incorporated into the proposal to be considered for evaluation. Attachments may be appropriate in order to answer some of the enclosed questions. Proposals must agree, in writing, that all information contained in the submitted proposal is valid for at least ninety (90) days from the date of submittal or until a final contract is approved, whichever occurs first. Questions regarding this Request for Proposal should be e-mailed to: Katie Griffin, Finance Director, at kgriffin�asangertexas.or� or faxed to 940-458-4180. Page 2 of 16 II. CRITERIA FOR EVALUATION A. The City staff will review the submitted proposals carefully. The recommendations will be based on the proposal determined to best meet the banking needs of the City. The City Council will make the final decision with their decision being final. B. In order to be considered, the Bank must be a federal or Texas -chartered bank. Each proposal must provide the following information. 1. The amount of paid -up capital stock and permanent surplus for the Bank. 2. Audited financial statements for the most recent reporting year. 3. A list of the Bank officers. 4. A list of the Bank directors. 5. Ratings on outstanding debt. 6. Proposed wire transfer agreement/contract. 7. Sample account analysis & monthly bank statement (must show city requirement VIII). 8. Availability of funds schedule. 9. Proposed collateral agreement & FIRREA compliance documents perfecting collateral. 10. Proposed custody/security safekeeping agreement. 11. Any additional contracts or agreements requiring City approval (ACH, cash vault, retail lockbox, e-lockbox, etc...). 12. RFP documents including fee schedule. 13. Policies for overnight and daylight overdrafts. 14. Reference list of governmental organizations currently using your Bank's depository services. C. All RFPs must include a completed fee schedule in the form provided. Only the charges listed in Section IV, Subsection B. Services and Fees will be acceptable in the monthly account analysis, unless specified in subsequent sections. Once selected as the City's Bank, no additional or increased fees for services in the fee schedule may be charged to the City during the contract term. An account analysis must be sent to the City monthly. Upon review and any necessary corrections, the City will authorize a debit to its Pooled Cash Account Under most circumstances the review should be completed in five (Q business days. No interest or other late charge payment shall ever be due. D. Services may be modified by mutual agreement. It is expected the range of services described in this RFP will be used for the length of the contract; however, the City may discontinue any service after sixty (60) days written notification to the depository. Services may also be added, with costs of new services to be negotiated at that time. Page 3 of I6 III. BANK QUESTIONNAIRE The Bank is requested to thoroughly answer the following questions. Additional pages may be appended if space is inadequate. 1. How is the Bank chartered? 2. What percent of current loans are classified as non -performing? 3. Does the Bank have any significant problems noted by regulatory agencies in the past twenty-four (24) months? If "yes", please explain. 4. Indicate the Bank's capital to assets ratio for the last five (5) years. 5. What was the Bank's 2010 return on assets (ROA)? 6. Attach copies of the Bank's most recent FDIC (LTPBR) call reports. 7. Does the Bank currently operate a branch banks) in the city of Sanger? If so, please indicate which services will be provided from the Bank's branch location(s) and which will be provided from the main Bank. Also, please indicate service location throughout the proposal where applicable. IV. ACCOUNT DESCRIPTIONS A. General The City intends to establish the following Bank accounts: Account Types NOW Accounts Money Market Deposit Accounts Certificates of Deposits The City reserves the right to open or close any number or type of accounts throughout the period if necessary. B. Services and Fees The City prefers a straight fee or direct payment method where analysis charges are debited to the Pooled Cash Account. Proposals should provide the straight fee/direct payment method. Proposals should contain a detailed cost of providing these services on a per -item basis. Page 4 of 16 List any other applicable Bank charges: Only the Bank charges listed will be acceptable in the monthly account analysis statement. Once selected as the City's Bank, no additional or increased fees for these services in the fee schedule may be charged to the City during the contract term. C. Automatic pa roll deposit is a service the City offers its employees. The Bank would be required to produce bi-weekly payroll transfers furnished by the City in ACH format for the transfer of funds directly to the employee's bank, savings and loan, or credit union account. Please state the Bank's procedure for this service and list appropriate cut-off times that would apply. The City's net payroll is approximately $30,600.00 each pay period. Please indicate if the Bank would offer any type of special checking, money market, or loan account for City employees, and whether or not non -account holders, employees and/or vendors, will be charged a fee to cash disbursement checks. D. Does the Bank offer any type of sweep account where excess City funds could be invested at a higher rate overnight than in a Super Now account arrangement? Does the Bank have money market funds consisting of treasuries, agencies, prime commercial paper, prime domestic bankers acceptances and collateralized or insured certificates of deposit that the City could utilize daily as an investment alternative? If so, please explain the fund's parameters and interest earnings history or attach a separate prospectus. F. Payment for Services The City intends to pay for all account services provided by the Bank as set forth in Section N, B. The method expected to be used for the payment of these services is the direct payment method. The Bank should debit the appropriate account on a monthly basis. The City will require an account analysis each month which will clearly show volume counts, fees charged, and total price for servicing the account. The account analysis should also show average ledger balances, average uncollected funds, and average collected balances, interest rates and the amount of interest paid or credited to the account (earnings credit). Please explain how the Bank will calculate the City's earnings credit? Please submit a sample of the monthly account analysis statement. Safekeeping fees for the City's investments shall be described on the account analysis statement and paid monthly. The City requires that all charges for securities clearance and safekeeping, including fees passed on from the Federal Reserve Bank or the Federal Home Loan Bank, be included in the account analysis statement rather than deducted from each security settlement. G. Other Services Bank capability to meet the following requirements must be detailed in the proposal. Please note that all the following requirements must be met for full consideration. Page 5 of 16 1. Point -of --Sale Deposit Services: The City desires services that will offer the latest in cash, currency and check technology, that will convert paper checks to electronic transactions at the point -of --sale, to improve cash flow, minimize reconciliation efforts, reduce bank fees, and reduce returned checks. Bank capability to meet the following requirements must be detailed in the proposal. Proposals must provide a late deposit cut-off times and allow for same day credit to the Pooled Cash NOW Account. Allows for check deposits to be processed as image replacement documents, ACH, or both. All deposit batches must appear as a single credit to the bank statement for reconciliation purposes. Must be able to scan standard -size checks and payment coupons. Must have the flexibility to include discretionary data fields for the input of customized information. Must have reporting capabilities for all standardized deposit reports. Images of payments and coupons must be accessible for on-line viewing up to 180 days. Software to allow for same day modification to add new user, change authorization levels, and deletion of users. Provide an explanation and cost of these services, including the cost of hardware and implementation/training. 2. Accounts Payable/ACH processing. The City desires services that will allow payment of City liabilities through ACH processing. Please identify the process, costs, and on-line reporting/viewing services associated with this process. Must have on-line reporting and viewing capabilities. Must be able to submit electronic data for both debits and credits. Must be able to reverse debits and credits. 3. Depository .Services Requirements. Bank capability to meet the following requirements must be detailed in the proposal. Please note that all the following requirements must be met for full consideration. Bank statements must be available by the 5th working day and accessible through on- line reporting service. Wire transfers detailed information must be noted on the bank statement and accessible through on-line reporting service. ACH detailed information must be noted on the bank statement and accessible through on-line reporting service. Credit card merchant IDs and/or location reference numbers must be noted for deposits, adjustments, and chargebacks on the bank statement and accessible through on-line reporting service. All deposit adjustments, returned checks, etc..., noted on the bank statement and on- line reporting services must include original deposit information. Must receive daily notification of all ACH rejects, returned checks, deposit adjustments, etc..., by fax, e-mail, and on-line notification service. Page 6 of 16 4. On-line Banking System. The City desires a fully hosted on-line banking system in order to minimize impact on City servers. a. Will the City have full authorization to adwdelete users as needed or will it require bank personnel assistance? b. Does the system allow the City to date wire transfers for a future date? If so, how many days? c. Does the system allow us to view images of cleared checks? d. Does the system show transactions in real-time or are they prior business day? e. What are the bank's procedures for failed wire transfers (i.e., the recipient bank rejects the wire)? f. Does the bank require dual authorization for wire transfers? 5. Trust Account Services: Please provide information and pricing regarding trust and/or escrow account services. By mutual agreement, the City of Sanger on occasionally enters into agreements with private individuals and companies in order to facilitate the completion of public projects. In such cases, each party will make a contribution or contributions into a trust and/or escrow account held by a third parry. 6. Red Flag, Act Rules and Fair &Accurate Credit Transactions (FACT Act: The City's customer service staff is required to receive annual training for compliance with the FTC's Red Flag Rules. Indicate if your bank is able to offer local training to City staff in the areas of cash handling, identity theft prevention or counterfeit detection. The Bank is required to comply with Red Flag Rules and the FACT Act. The Bank must ensure that all nonpublic personal customer identity information provided by the City remain confidential by maintaining safeguards for the information received. The Bank will not disclose or use such information for any purpose other than is reasonably necessary to fulfill the purpose for which such information was provided by the City or as otherwise permitted by applicable law. A signed service provider acknowledgement form must be completed in conjunction with the Depository Services contract. 7. Please specify any other services available to the City of Sanger which may be thought to be beneficial or that may apply to the City. State all related fees. Page 7 of l6 V. SAFEKEEPING AND COLLATERAL REQUIREMENTS A. Securities Pledged The City requires that all uninsured collected balances and/or the principal of uninsured certificates of deposit plus accrued interest, if any, in deposit with the Bank be secured in accordance with the requirements of Texas Government Code Chapter 2257, Collateral for Public Funds. Collateral will always be held by an independent third party with which the City has a current custodial agreement and shall be reviewed at least monthly to ensure that the market value of the pledged securities is adequate. All deposits of City funds shall be secured by pledged collateral set at no less than 102% of the market value of the prig ncipal plus accrued interest on the deposits less an amount insured by FDIC. Pledged securities shall have maturities of five (5) years or less. As security for the deposits of the City of Sanger, the Bank shall pledge to the City securities equal to the largest total ledger balances the City of Sanger maintains in the Bank. While the City prefers U.S. Treasury securities as its primary source of collateral, agency debentures and discount notes would be acceptable secondary sources. If neither is available, the following securities may be utilized until preferred securities become available: 1. Direct obligations of the United States government. 2. Other obligations, the principal and interest of which are unconditionally guaranteed or insured by, or backed by the full faith and credit of, the United States government. 3. Direct obligations of agencies or instrumentalities of the United States government, including letters of credit. The City will reject adjustable rate mortgages (ABMs), collateralized mortgage obligations (CMOs), Step-ups, variable rate instruments (except U.S. Treasury inflation protected securities), or securities that are not found on common pricing systems. B. Collateral Substitutions Any substitutions of the securities or reductions in the total amount pledged may be made only by and with proper written authorization approved by the City Manager, or their designated representative(s). In the case of reduction, the Bank must provide in writing that collateral will be available when needed to meet normal City balance increases throughout the year. The City must approve all securities pledged. C. Custodian of Collateral Securities pledged as collateral must be retained by a third party custodian that is a subscriber to the Fed Security Wire and is held in joint safekeeping for the Bank and the City. The custodian must be approved by the City and be: • a state or national bank domiciled in Texas, • a Federal Home Loan Bank, or • a Federal Reserve Bank or branch of a Federal Reserve Bank. Page 8 of 16 The City shall be provided a safekeeping receipt for pledged securities. Written release by the City is required for all releases or substitutions of collateral for pledged accounts. D. Reporting Requirements The Bank shall provide the City a report of securities pledged on a monthly basis or at any time requested. This report should reflect the following information as of the end of each month and be delivered to the City by the 5th of each month. Total pledged securities itemized by: • Name • Type/Description/Cusip Number • Par Value • Current Market Value • Maturity Date • Moody's or Standard & Poors Rating (both, if available) E. Collateral Provision of Financial Institution Reform Recovery and Enforcement Act IRREA The City of Sanger will require the Bank to attach to the contract certified resolutions of the board of directors or board authorized committee that set forth the City's security interest in the collateral securing its deposits. The certification must meet all of the requirements of FIRREA and FDIC policies, which apply to the City's security interest in the pledged collateral and must specify the officers of the bank who are authorized to sign agreements with the City. F. Safekeeping Requirements The City, Bank, and the safekeeping bank shall operate in accordance with a master safekeeping agreement signed by all three parties. The safekeeping agreement must clearly state that the safekeeping bank is instructed to release the collateral securities to the City if the City has determined that the Bank has failed to pay on any accounts, or is in default of the Depository Services Contract, or the City has determined that the City's funds are in jeopardy for whatever reason including involuntary closure or change of ownership, and if the instructions for release have been formally requested by the City Council by ordinance or resolution. A copy of the safekeeping agreement along with the name of the safekeeping bank must be submitted with the proposal. G. City to Handle Investments The City of Sanger will be responsible for handling the investment proposal process. The Bank, along with any eligible financial institution shall be included in the proposal process as deemed appropriate and in accordance with the City's investment policies. Page 9 of 16 H. SafekeepingtWire Services Bank capability to meet the following requirements must be detailed in the proposal. Please note: all the following requirements must be met for full consideration. The Bank may act as transfer agent for some or all security transactions undertaken by the City. All transfers made shall be executed delivery versus Payment (i.e. payment shall not be made until the security is received). The Bank must have the capability of executing security transactions on behalf of the City using various settlement methods of physical delivery, DTC, and Federal book entry security purchases and sales through the Federal Reserve Bank or a New York correspondent bank. The City requires that the security purchase and sale instructions be transmitted to the Bank through a web -based application (on-line). The City also requires the ability to review the status of security transactions on-line. Controls for securities clearance will be established by mutual agreement. - Please enclose a proposed security clearance/custody agreement with your RFP. Safekeeping confirmation of all City security transactions will be issued and mailed to the City within two business days of settlement and must be available on a web -based application for exporting/downloading. Written communication of all security call and put option notices will also be e-mailed or faxed to the City as soon as the Bank receives the notice. A monthly report listing all City securities held in safekeeping will be mailed to the City within seven working days of the end of each month. The report must be available on a web -based application for exporting/downloading. I. Interest Rates Paid —Certificates of Deposit The City may choose to invest in collateralized or insured certificates of deposit in the depository Bank or any other eligible financial institution. The depository Bank agrees to accept time deposits from the City for investment purposes in the form of certificates of deposits in varying amounts and maturities at rates determined by the depository's competitive proposal. The City requests that the Bank guarantee an interest rate on all NOW and Money Market accounts equal to that of the TEXPooI daily interest rate. Interest at % for NOW Accounts Interest at % for Money Market Accounts Proposal to include interest on funds of the City of Sanger designated as - Interest at %per annum 30 day Interest at % per annum 90 day Interest at % per annum 180 days Interest at % per annum 360 days If during the terms of the agreement, published bank interest rates exceed proposal rates, published rates shall prevail. Page 10 of 16 J. Please specify maximum amount Bank will collateralize. K. Please specify any other services available to the City which may be thought to be beneficial or that may apply to the City. State all related fees. A. Definition The City does not intend to have a net overdraft position throughout the contract. An overdraft is defined as a negative demand balance in the collectively, not by individual account. B. Terms course of the City accounts Should an overdraft occur in the aggregate, the following stipulations shall apply: l . The maximum number of days the overdraft will be allowed is 2. The maximum amount of the net overdraft to be allowed will be $ 3. The interest rate charged for overdrafts will be actual day basis. per annum computed on the VII. INFORMATION SERVICES A. Account Reconciliation The City will process its own reconciliation for its accounts but requires data as follows: 1. Monthly statements on all accounts showing overall activity shall be mailed within five (5) working days after the close of the calendar month and be accessible through on-line reporting service. Statements shall include deposits made on the last day of the period. The accompanying checks shall be arranged in ascending numerical order for the Pooled Cash Account which will include operating checks and payroll checks. All other account statements should include debit/credit advices which the City will be responsible for placing in numerical order. The City requires a report reflecting all items paid in serial number sequence, which is balanced to the Bank statement (partial account reconciliation). (Please provide a sample monthly statement with your RFP). Page 11 of l6 2. The Bank shall also provide the City with a computer file of the transactions for each account. The file is to be transmitted by modem, tape/disk, or e-mail. Requirements for the file will be provided at a later date. A computer printout of all activities should accompany the computer file. Each debit or credit item, other than checks, deposits, or wire transfers, shall be supported by a written explanation identifying such item. VIII. OTHER STIPULATIONS A. Regulation Notices The Bank will notify the City in writing within ten (10) days of any changes in Federal or State regulations or laws that would thereafter affect the depository agreement. The Bank shall also notify the City of any new services that become available to the City throughout the contract period. B. Wire Transfers The City shall submit all outgoing wire transfers to the Bank according to its published cutoff times established for current customers. The Bank shall maintain wire transfer facilities to the Federal Reserve Bank for investment purchases or sales and other transactions with financial institutions. Written confirmation of such transactions will be provided to the City and a duplicate copy of the debit or credit shall be furnished to the City within twenty-four (24) hours. Notification to the City of incoming wire transfers or problems with outgoing wire transfers shall be made within one (1) hour of the transaction. The City requires that all outgoing wire transfers be released within one hour. In addition, all wire transfers (both incoming and outgoing) must be properly noted on the bank statement. (i.e., Wire Transfer - State Comptroller). The City Manager and/or his designee must authorize all wire transfers on behalf of the City through a dual authorization process. In the event of computer problems or other unexpected difficulties, the Bank shall use whatever means necessary to ensure that the City's outgoing wire transfers are completed on the date specified through City initiated instructions. Please explain the Bank's process for wire transfers, levels of authorization to initiate wire transfers, and any required security measures (i.e., security tokens, dual logins, etc...). Please provide manual procedures for initiating wires when internet is not available. C. Wire and ACH Blocks The City requires Wire and ACH blocks of all unauthorized debits. Provide details regarding the set-up of authorized debits to the City's account, notification procedures on attempts to debit the City's account, and the process for approving or denying exception debits. Page 12 of 16 D. Debit and Credit Adjustments The City requires that a copy of all debit and credit adjustments be faxed or emailed to the Finance Director with supporting documentation, as the entries are made throughout each month. The documentation must include reference to the original deposit slip. The City's monthly statement should also include a copy of all debit and credit adjustments. Adjustments should include descriptions, dates, and amounts in order for the City to properly adjust its books. The City shall not be responsible for the cost of credit and debit adjustments necessitated by Bank. E. Bank Statements Bank statements or statement activity shall be rendered by the fifth working day after the close of the calendar month and accessible through on-line reporting service. The statement must include deposits made on the last day of the month. In addition, the City requires that aXl transactions (customer deposits, credit card deposits, chargebacks) must be noted on the bank statements. F. Right to Audit Records The Bank's records relating to the City of Sanger accounts shall be open to review by either City staff members or City -appointed independent auditors during normal business hours. G. Financial Reports The Bank will submit a copy of the last audited annual financial statements and the subsequent quarterly supplements along with an annual year end uniform Bank Performance Report. H. Security &Disaster Recovery 1. Outline the security measures in place for the protection of data transmitted fox processing. 2. Describe the security measures used to prevent unauthorized user access to either the system or the data. 3. Describe your local back up and/or redundant systems. 4. What is the expected timeframe to become operational should a catastrophic event occur? 5. Disclose any data breaches which have required notification under the 2003 Fair and Accurate Credit Transactions Act? I. Bank Failure Should the Bank fail, close, or be forced into reorganization during the term of this contract, City reserves the right to cancel the contract and re -proposal for City's depository services. Page 13 of 16 J. Research Requests The City requests that all research requests be turned around within three (3) business days of the request. The City requests that a specific Bank representative be assigned to specifically research any City needs. K. Returned Items In order to fund check presentments and manage the City's bank accounts and investments, all checks deposited by the City that do not clear the first time should be submitted a second time no later than 10*00 a.m. CST before returning them to the City. Returned checks that do not clear on the second attempt shall be returned to the City within two (2) business days and accessible through on-line reporting service. The City shall receive same day telephone or e- mail notification of all return items in excess of $5,000. If an overdraft occurs due to a late notification by the bank, the City will not be expected to pay overdraft charges. Please provide an estimate of the bank's clearing times. L. Transition Schedule Please provide a schedule documenting the transition of transferring the City's banking services from the current bank to your institution, as well as any associated costs and proposals from the bank to help defray or eliminate said costs. IX. PROPOSAL INSTRUCTIONS A. Date Time Location Sealed proposals clearly marked "Proposal for Bank Depository Agreement" should be delivered to the Finance Department located at the City's City Hall, no later than CST, February 28, 2011 to the attention of Katie Griffin Finance Director City of Sanger 502 Elm Street Sanger, Texas 76266 NO PROPOSAL WILL BE ACCEPTER AFTER 2:00 P.M. CST. A. Response to the Proposal The proposing Bank should. use this proposal form to submit rates and to answer questions wherever possible. However, any point that the Bank cannot agree with should be clearly noted with attachments which explain their position. Please reference the section and Page 14 of 16 paragraph in these cases. Also, please clearly restate the question when supplying answers on any supplemental pages. B. Additional lnformation The City reserves the right to request additional information or to meet with representatives from proposing organizations to discuss points in the proposal before and after submission, any and all which may be used in forming a recommendation. C. Right to Reject ProUosals The City reserves the right to reject any and all proposals. X. OTHER MISCELLANEOUS A. Periodic Review The City of Sanger shall require a review meeting at least once every two months to evaluate the working relationship between the City and the depository Bank. The objective will be to address any problems and to seek a responsible solution. More frequent meetings may be called if necessary. B. City Council Action The final appointment of a depository Bank will be made by the City Council of the City of Sanger. The City Councils decision shall be final. C. Proposal Advertisement This Proposal will be duly advertised and is offered for consideration to all financial institutions inside the corporate limits of the City of Sanger, as permitted by state laws. D. Designation of Individuals Upon award of the contract, the depository Bank shall designate, in writing, an individual to be the official contact person for all correspondence. The City of Sangex shall do the same. The Bank shall be responsible for training and communicating the terms of this contract to Bank employees. Page 15 of 16 XI. SUBMISSION CHECK A. "Proposal" with fill -in -the -blank format. Please note that all of the requirements and information requested in this proposal must be met for full consideration. B. Sample bank statement. C. Availability of funds schedule. D. Money Market Fund prospectus if applicable. E. Sample monthly collateral report and sample safekeeping agreement for collateral. F. Sample safekeeping agreement with Bank for the City's investment securities. G. Sample controlled disbursement agreement. H. Sample Wire/ACH agreement. I. Sample stop payment agreement. J. Sample account analysis statement. K. Annual financial statement of the Bank along with the last two quarterly FDIC call reports. L. Reference list of governmental organizations currently using your depository services. M. Transition schedule. Page 16 of 16 oow00wavoo000oco00000300Coa) CM)OOOOOOOOOOOOO=- D000000000000oO N N) 0 (D 000 000 � � U07 CO}t 0) � W ��NON�� ^;-PNZ0W -P O �4 W -P O („) 0) 0) O O (D O O O O O O O O O O O O O O O D 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 � M" Wmmm" � M" L % n 000000000000000:°'�' NNNNNN��—w% mwk-"MA—&M" Ut P W N O CO 00 �4 0 Ut -P w N O sc U" Mow% J W ill W W W Ut Cat Uti Ut 0 0 Ut W W W O �! 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The reference section was rearranged to use the new shelf. The graphic novels (comic books) were moved into part of the old reference section. Now the library has one corner that is just for books in Spanish. Most of the new children's books from the AMO LEER grant are bilingual. They will be useful for people learning English, as well as people learning Spanish. ADNIlNISTRATION: Four flat screen monitors were donated and put in to service. Regular library service continued in spite of vacation and sick leave. Planning, reporting, cataloging and purchasing suffered. PUBLIC RELATIONS: A Cub Scout den took a tour of the library and then the boys did research about the day they were born. PROGRAMS: Two Knitting and Crochet workshops were held, as well as an adult book club meeting. The library also hosted a Coupon Exchange. We may have to consider having a monthly gaming tournament. On the second Saturday of December we had five kids show up at different times for a gaming event we weren't having. "We Celebrate" was the Preschool theme for December. At the first program "By Sharing" the kids stamped paper with fruit dipped in paint. The paper was used to cover a box for collecting food for the Crisis Center. They ended up collecting over two boxes full. "By Decorating" was the second program. The kids made small ornaments in the shape of books to decorate the library Christmas tree. At the "With Music" program, kids made a reindeer puppet that had jingle bell trim. The final program was "With Family". BORROWER CARDS Last Month New Cards Cards reactivated TOTAL CIRCULATION Nonfiction Fiction Junior Fiction Children's Books Leased Books Interlibrary Loan Spanish Materials Audio Books Music CDs Video Materials Equipment from other libraries TOTAL CIRCULATION to other libraries INTERNET USERS PROGRAMS Children's Programs Children Attending Adults Attending Other Programs Number Attending VOLUNTEERS Number of Adults Number of Juniors Number of Hours COLLECTION Books Leased Books Paperback Fiction Audio Books Music CDs CD-ROM Videocassettes DVD Microfilm Equipment TOTAL COLLECTION REVENUE Fines Copies ILL Postage New Cards Lost Materials TOTAL DECEMBER 2010 STATISTICS 2009 2527 35 34 2596 227 571 218 387 159 16 13 94 46 642 8 2381 6 37 14 1 5 15562 174 2420 595 392 196 919 621 79 4 201962 $147.75 $100.55 $23.25 $2.25 $56.75 $330.55 2Q10 3612 20 14 3646 309 738 178 462 197 10 26 90 39 702 2 200 2953 47 706 7 52 27 4 25 16503 198 2308 563 358 198 922 763 79 4 22,196 $187.53 $110.30 $8.26 $8.00 $14.95 $329,04 �t coe ' 3 B40KREVIEW by LynneSm IandS "Resilience" by Eli aheth Edwards Elizabeth Edwards, wifi� of politician John Edwards, lost her 6 year battle with breast cancer o❑ December 1. While many may know about the im- plosion of her marriage, she deserves to be remembered for her strength and courage in fac ing some of life's cruelest blows. Her 2009 memoir, "Resit ience", is a small, heartwarming book with a big message. It is subtitled "Reflections oil the Burdens and (rifts of Facing Lire's Adversities", and that is exactly what the book is —there is no plot, it doesn't really go chronologically, there are no tawdry details more suitable for the tabloids, there are no politi- cal disclosures or famoug-nanic- dropping. It is simply her thoughts and inner struggles with very challenging circum stans. The first real blow to Edwards, "perfect" life came in 1996, with the death of her 16 year old son in a car accident. 10 most parents the loss of a child is an unimaginable trag- ecly—we do not expect to outlive our children. Recovering from that profound grief was not easy, but Edwards did manage to regain her equilibrium and positive outlook. As they tend to do, other challenges came along to disrupt the plan of her life, but each time Edwards was able to cope with the "new real- ity" as she calls it, and remain strong and optimistic. First diagnosed with breast cancer in 2004, the day after John Kerry and her husband lost the Presidential election, }wards underwent chemo- therapy, surgery, and radiation, I'reatmenl appeared effective until 2007, when the cancer re- curred in her bones and else- where. ce phi When it became evident her condition was terminal, she continued to work for health care. issues, she wrote a book, and she (-!yell opened a furniture store. As she said, she refused to let "the fear of tomorrow con. tr)l the quality of today =I'he. only answer was to live, as long and as well as I could, " Edward's "Resilience" is short and clearly, simply writ- len--it is easy to read in that sense_ The emotional honesty ran make it a bit challenging at times (the tender-hearted might want to keep tissues han(ly), but being honest about her pain and how she moves fot= ward makes fora very inspira- tional read. Everyone has ad - IS ities in life, and many of us could use a bit of help in deal - with them at times. I did Lind the references to John's "in- CIISc'retion" annoying, because at tinges it seethed she was mini - zing his bad behavior —the many lies and prevarications, the year long relationship, and the child that resulted surely E`arne([ a more disparaging des- ignation than an indiscretion ". In an almost 30 year marriage , however, maybe the good out- weiglied the bad, 'llu. movinur memoir "Resil- ience" has recently arrived at the Sanger Public Library, and nlay be found in the Biogra- es section. Tt) reserve a ropy, library patrons may go on our rvebsile at www.sanger.fib. tx.US, call 458- 3`L57, or come by the library at 501 Bolivar Street,