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01/18/2011-CC-Agenda Packet-RegularAGENDA CITY COUNCIL TUESDAV, JANUARY 18, 2011 7:00 PM :.`ill ivieetill to 3r€ier, Illva i iall, P e e of Aile Aatice. , a itia.errac {. atiae4i .i`aiL '.ii`i iai iiiiv t a%u : iiiiaa iiii. iti a"W1il,i. iiJ .t➢iilidii is Uzi i:ri '. i'v' i'e'.'iirviiu iii Ti3 ui a,ia ii iiJ i iii.:i viii u= `iii ii during this sectiOII1. j° a c ltlt`nv i ' l o/iiri%lGa ve .yatti ag°v ?, 2iii i m ieeiai €'. ii6pri y JaMMUff J, Lii11 - C,'%iE RCH Meeting' l,l Dm,es :3 a.E=_a• naaa naat . C:,EEUE:.':.E .a= - .,•.aas nv o :.:.' i' : a . :aEu:.i <" ""`.Fa`.'. :. . .ei cusN, e:o sialer aal e rt ii l_y Aei ol AP; rowdla Allaitlal male a ereaue e% i ll i ; i a Per ille r am4-"q..4. = Ylienavee f''n eg nr nnr nc E i r A nz n A , + >>in ¢inn Y1 n,nn • '',1- r i,s g gs's`zr 3'n'3?' iJ;4l, fl,n 'i'®gnc Mm Llbr ary & Rreliives G olllmissaio➢l. 7= INFORMATION T E+: CS' zl Ctnamni i ;' nfrnl Fnranrf inr nr•nmhnr ■ a . x _ . a. - •' -E - '- - - • r a . . • .. nT _ • _ n is s - - - .. _ .. e . x. e=,, n I, iixe, aaai`ii i•` i iiFtl `siiaavfiii ', t3v iac l`ei j' :=6:a i ay' iaa's'si iafia l v a: c f)i 11ia.silu Vreea p3v s%%i ii di 4 r eeiicilaa Inaarref i . (ifrvli ni ti,v J ni !<ana +rg P ac a nlaa •P •anyvnipnf n€ rPar iiJ@c•ecci% ➢a rn fine gene, ° I pIl=iIle at all tmwirn,.ses3 alld said llaiae;e dya3 1 posted on trie following (late and ialllee CX G✓ gtt 1 . dd p'l nwi8 sniff ys rg"a''=!" e.'=a ''±=i La__ _aa _s ail] urned. s,^ Si Citv of Sanger. T exas J , • ° • . bb j . • bb TmS fc`isAlilty is wui'a.ifll^dll' `alt'L`Q'u a iDi€' `slaaaif eil uiA3YE /i`a.'a°jDsaraCiile sila ^e. i are nVeaidn lie. 3'aa.tili`a'3% tor nc`e'®iTllflt.a€ielSiaits / . 4.. rt n* ., _ ° nV ..;a.n+_ hp _ min i, ... _ . .: r s this i p iEt / a . , g. + rt ?i- El =L 6 3 E£3F a ? i;cn - EFEEEc s iE 3lEE iS-E4FE £ - 3ii3 ei t--_ - H=_ k740' 438i930 for further imoraiialaon, MINUTES: CITY COUNCIL SPECIAL CALLED MEETING January 3, 2011 PRESENT: Mayor Thomas Muir, Councilwoman Marjory Johnson, Councilman Russell Martin, Councilman Rusty Patton, Councilman Gary Bilyeu and Councilman Andy Garza OTHERS PRESENT: Mike Brice City Manager and Tami Taber City Secretary 1. Call Meeting to Order. Mayor Muir called the meeting to order. 2. EXECUTIVE SESSION: Pursuant to the Open Meetings Act, Chapter 551, the City Council will Meet in a Closed Executive Session in Accordance With the Texas Government Code: Section 551.074 (Personnel Matters) -Discussion on City Manager's Performance Appraisal. Council convened at 6:02 P.M. 3. RECONVENE: Council reconvened at 7:02 P.M. No action taken. 4. Adjourn. , Mayor Muir adjourned the meeting. MINUTES: CITY COUNCIL MEETING January 3, 2011 PRESENT: Mayor Thomas Muir, Councilwoman Marjory Johnson, Councilman Russell Martin, Councilman Patton, Councilman Gary Bilyeu and Councilman Andy Garza OTHERS PRESENT: Mike Brice City Manager, Tami Taber City Secretary, Kelli Alexander, Sam Alexander and Meredith Denton 1. Call Meeting to Order, Invocation, Pledge of Allegiance. Mayor Muir called the meeting to order and 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 and Sam Alexander spoke about the animal shelter and Noah's Ark. CONSENT AGENDA 3. a) Approval of Minutes: December 6, 2010 -Work Session December 6, 2010 - City Council b) Disbursements Councilwoman Johnson made a motion to approve. Seconded by Councilman Martin. Motion carried unanimously. 4. Consider any Items Removed from Consent Agenda. None. REGULAR AGENDA 5. Consider, Discuss and Possibly Act on Awarding Contract to Dean Construction for the Construction of the Porter Sports Complex Improvements. City Manager advised we received the final not to exceed price of $2,958,566.00. All lighting costs for the parking lot and trail are coming out of the Electric Department budget. Councilman Bilyeu made a motion to approve. _Seconded by Councilman Patton. Motion carried unanimously. 6. Discuss, Consider and Possibly Act on Approving Dean Construction Amendment Number Two Covering the Construction Manager at Risk (CMR) for the Construction of the Porter Sports Complex, Councilman Patton made a motion to approve. Seconded by Councilman Bilyeu. Motion carried unanimously. 7. INFORMATION ITEMS: a) Investment Report b) Library Monthly Report for November c) Resignation of 4A Member, William Fuller d) 2009-2010 Equity Return - Workers' Compensation Liability and Property Funds 8. Adjourn. Mayor Muir adjourned the meeting. 1/10/2011 4:35 PM PACKET: 03883 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT VENDOR NAME / I.D. DESC *VOID* VOID CHECK 02670 TML - IRP I-201101103832 TML INSURANCE 05510 IESI I-201101103834 DEC 2010 ** T O T A L S REGULAR CHECKS: HANDWRITTEN CHECKS: PRE -WRITE CHECKS: DRAFTS: VOID CHECKS: NON CHECKS: CORRECTIONS: REGISTER TOTALS: A / P CHECK REGISTER CHECK CHECK TYPE DATE V 1/07/2011 R 1/10/2011 R 1/10/2011 NO# DISCOUNTS 2 0.00 0 0.00 0 0.00 0 0.00 1 0.00 0 0.00 0 0.00 PAGE: 1 CHECK CHECK DISCOUNT AMOUNT NO# AMOUNT 045464 **VOID** 28,410.25CR 045466 28,410.25 44,677.84CR 045467 44,677.84 CHECK AMT 73,088409 0.00 0.00 0.00 0.00 0.00 0.00 73,088.09 TOTAL APPLIED 73,088.09 0.00 0.00 0.00 0.00 0.00 0.00 73,088.09 1/10/2011 4:35 PM PACKET: 03883 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK # VENDOR NAME 045464 99- ** INVALID ** A / P CHECK REGISTER ERROR LISTING PAGE ERROR MESSAGE 1 CHECK DATE < ITEM DATE TOTAL ERRORS: 0 TOTAL GdARNINGS: 1 NOTES PAGE: 2 1/10/2011 4:35 PM PACKET: 03883 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT VENDOR NAME / I.D. DESC A / P CHECK REGISTER PAGE: 3 CHECK CHECK CHECK CHECK TYPE DATE DISCOUNT AMOUNT NO# AMOUNT ** POSTING PERIOD RECAP ** FUND PERIOD AMOUNT ------------------------------------------- 001 1/2011 63,247.24CR 008 1/2011 9,840.85CR ALL 73,088.09CR 1/04/2011 4:01 PM DIRECT PAYASLES CHECY. REGISTER PACKET: 03873 Direct Payablesl/3/11 VENDOR SET: 99 AP VENDOR SET BANK: 2009 2UU9 BOND CONSTRUCTION CHECK CHECK VENDOR I.D. NAME TYPE DATE 15890 ALL AMERICAN SUR`JEYING 1-201101043807 ALL AMERICAN SURVEYING113169-5 R 1/04/2011 22750 DEAN CONSTRUCTION 1-201101043808 DEAN CONSTRUCTION APP #2 R 1/04/2011 22850 DEH CONSULTING, LTD I-201101043809 DEN CONSULTING, LTD 4456 R 1/04/2011 22840 DUNKIN SIMS STUFFELS, INC I-201101043806 DUt:KR: SIMS STUFFELS 42010-23 R 1/04/2011 22170 BA14ILTON DUFFY, PC I-201101043805 HA14ILTON DUFFY, PC 1138-003C R 1/04/2011 * * RANK TOTAL S * * N04 REGULAR CHECKS: 5 HANDWRITTEN CHECKS: 0 PRE-tIRITE CHECKS: 0 DRAFTS: 0 VOID CHECKS: 0 NON CHECKS: 0 CORRECTIONS: 0 DISCOUNT'S 0.00 0.00 0.00 0,00 0.00 0.00 0.00 eaGE:' 1 CRECK CHECK DISCOUNT AMOUNT N04 AMOUNT 573.75 001013 573.75 110,579.07 001.^,14 110,579.07 3,000.00 001015 °,409.00 C01016 160.00 OOlU17 CHECK AMT TOTAL APPLIED 123,721.82 123,721.82 0.00 0.00 0.00 0.00 0_UU 0.00 0.00 o.00 0.00 0.00 0.00 0.00 BAtIK TOTALS: 5 0.00 123,721.82 123,721.82 3,000.00 °,404.00 16U.UU 1/03/2011 3:28 PM PACKET: 03856 Regular PaymentsCM VENDOR SET: 99 BANK 4POOL POOLED CASH ACCOUNT VENDOR NAME / I.D. DESC 07860 ACT PIPE SUPPLY, INC I-490444 2" METERS I-490445 WELL 6 REPAIRS I-493151 WELL 6 REPAIRS 15890 ALL AMERICAN SURVEYING I-13804 SPORTS PARK 19050 GE MONEY BANK / AMAZON I-152923121780 DVD'S I-160854752269 GIS TUTORIAL A / P CHECK REGISTER 18100 AMERICAN MUNICIPAL SERVICES I-7124 NOV 10 WARRANT COLLECTION 19400 AMERICAN PLANNING ASSOCIATION I-201012223781 APA & AICP MEMBERSHIP I-201012223782 21ST CENTURY LAND DEVELOP 10030 AMERICAN PLUS, INC I-37373 70 AMSOIL, INC I-13386189 SAFETY VESTS,CPR MOUTH 2- 55 GALLON DRUM OIL 00420 BOUDtD TREE MEDICAL, LLC C-70063596 1ST QTR MEDICAL SUPPLIES I-80511996 1ST QTR MEDICAL SUPPLIES I-80517551 1ST QTR MEDICAL SUPPLIES 22720 BWI I-256760C 20410 CARE NOW CORPORATE I-851964 02490 CENTURYLINK I-201012223776 60 BOOKS BABYGARTEN GARRETT D/S DEC 10 - JADt 9 CHECK CHECK TYPE DATE R 12/22/2010 R 12/22/2010 R 12/22/2010 R 12/22/2010 R 12/22/2010 R 12/22/2010 R 12/22/2010 R 12/22/2010 R 12/22/2010 R 12/22/2010 R 12/22/2010 R 12/22/2010 R 12/22/2010 R 12/22/2010 R 12/22/2010 R 12/22/2010 R 12/22/2010 1 CHARLENE PRICE I-201012223780 CHARLENE PRICE R 12/22/2010 DISCOUNT CHE AMOUNT NC 447.25CR 0452 723.79CR 0452 297.08CR 0452 9,400.00CR 0452 54.96CR 0452 151.11CR 0452 223.00CR 0452 425.00CR 0452 111.95CR 0452 240.56CR 0452 2,127.32CR 0452 159.76 0452 1,722.17CR 0452 1,030.36CR 0452 144.90CR 0452 50.00CR 0452 1,395.45CR 0452 100.00CR 0452 1/03/2011 3:28 PM A / P CHECK REGISTER PACKET: 03856 Regular PaymentsCM VENDOR SET: 99 BANK 4 0 POOL POOLED CASH ACCOUNT VENDOR NAME / I.D. DESC 12760 CINTAS, INC. I-492398497 UNIFORMS I-492401822 UNIFORMS 21440 CLEAR CREEK MATERIALS, INC I-12111009 TRANSPORT MATERIALS 03730 COLLIN COUNTY COLLEGE I-7100 R DUNN 04160 COMET CLEANERS I-201012213771 CLEANING- PRATER 00640 COMMERCIAL SERVICES I-201012223778 ICE MACHINE LEASE 00050 CONLEY SAND & GRAVEL I-9270 20YRD FLEX BASE 08770 CPI OFFICE PRODUCTS I-2732172-0 CALENDARS I-2738355-0 BINDERS,CALENDARS,LABELS I-2738365-0 BINDERS,CALENDARS,LABELS I-2738405-0 OFFICE SUPPLIES 11570 CULLIGAN I-07170834 WATER LEASE 00740 DCAD I-201012153739 1ST QTR ALLOCATIONS 17640 DOLLAR GENERAL - CHARGED SALES I-106230 CREAMER,SUGAR,BLEACH 06080 DONALD PADDACK FERTILIZER I-255060 TEMPO BUG KILLER 00920 ELLIOTT ELECTRIC I-19-31548-01 JUNCTION BOX, CONNECTOR 18420 EMERGENCY COMMUNICATIONS NETWORK I-9438 CODE RED 12/10 -12/11 CHECK CHECK TYPE DATE R 12/22/2010 R 12/22/2010 R 12/22/2010 R 12/22/2010 R 12/22/2010 R 12/22/2010 R 12/22/2010 R 12/22/2010 R 12/22/2010 R 12/22/2010 R 12/22/2010 R 12/22/2010 R 12/22/2010 R 12/22/2010 R 12/22/2010 R 12/22/2010 R 12/22/2010 CHE DISCOUNT AMOUNT NC 66.75CR 0452 66.75CR 0452 105.00CR 0452 25.00CR 0452 27.50CR 0452 400.00CR 0452 2,375.00CR 0452 88.80CR 0452 15.09CR 0452 95.99CR 0452 132.65CR 0452 26.20CR 0452 4,933.90CR 0452 46.00CR 0452 95.00CR 0453 87.52CR 0453 7,500.00CR 0453 1/03/2011 3:28 PM PACKET: 03856 Regular PaymentsCM VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT VENDOR NAME / I.D. DESC 20980 EXPRESS SERVICES, INC. I-99068107-4 11/28 I-99089539-3 12/5 I-99108984-8 12/12 A / P CHECK REGISTER 19270 FAMILY DOLLAR I-9919270 PAPER TOWELS,SOAP,LYSOL 18340 FIRST ADVANTAGE BACKGROUND SVCS I-7750YD1011 BACKGROUND CHECK 18790 FUELMAN I-NP27765683 11/29 - 12/5 FUEL I-NP27827489 12/6 - 12/12 FUEL 02610 HD SUPPLY, INC I-1593211-00 I-1624367-00 07750 HOME DEPOT/GECF 1000 W LAMP CT'S, PREWIRED METERBASE I-7590181 CHRISTMAS LIGHTING PLUGS I-8020404 GLUE GUN/ STIX 19480 HUTHER & ASSOCIATES, INC I-34668 WWTP MONTHLY TESTING 05510 05510 20220 19620 15780 IESI I-1200282610 IESI I-1200310498 INGRAM I-55708168 R/0 RENTAL OCT 2010 R/0 RENTAL OCT 2010 13 BOOKS 1 AUDIO INTERNATIONAL CODE COUNCIL INC. I-201012153740 02 TECHDiOL0GY MODULE ITRON I-172401 HARDWARE/SOFTWARE MAINT 01310 LUTTRULL MCNATT, INC. I-514233 HEADLIGHT ASSEMB UDIIT 05 I-514284 MULTI -FUNCTION SWITCH I-CTCS541583 INSPECTION UNIT #05-28 CHECK CHECK CHE TYPE DATE DISCOUNT AMOUNT NC R 12/22/2010 2,117.56CR 0453 R R 12/22/2010 12/22/2010 11812982CR 11020.00CR 0453 0453 R 12/22/2010 49.99CR .0453 R 12/22/2010 147.50CR 0453 R 12/22/2010 2,318.97CR 0453 R 12/22/2010 2,234.13CR 0453 R 12/22/2010 132.00CR 0453 R 12/22/2010 455.00CR 0453 R 12/22/2010 125.52CR. 0453 R 12/22/2010 33.52CR 0453 R 12/22/2010 675.00CR 0453 R 12/22/2010 651.81CR 0453 R 12/22/2010 93.64CR 0453 R 12/22/2010 19.66CR 0453 R 12/22/2010 110.00CR 0453 R 12/22/2010 .1,867.62CR 0453 R 12/22/2010 450.56CR 0453 R 12/22/2010 246.12CR 0453 R 12/22/2010 39.75CR 0453 1/03/2011 3:28 PM PACKET: 03856 Regular PaymentsCM VENDOR SET: 99 BANK 0 0 POOL POOLED CASH ACCOUNT VEDTDOR NAME / I.D. 19500 NAPA AUTO PARTS I-234882 DESC A / P CHECK REGISTER FRONT BRAKES UNIT#O1-20 10400 NCTTRAC I-1880 DUES 15220 NELSON BROS REDI-MIX, LTD I-270 MCREYNOLDS RD WELL CHECK CHECK TYPE DATE R 12/22/2010 R 12/22/2010 R 12/22/2010 DISCOUNT CHE AMOUNT NC 267.52CR 0453 55.00CR 0453 675.00CR 0453 01920 NICHOLS, JACKSON; DILLARD,HAGER & SMITH, LLP I-11100034 NOV 10 LEGAL SERVICE R 12/22/2010 144.00CR 0453 18350 NORTH TEXAS REGIONAL LIBRARY SYSTEM, INC. I-120110 QUARTERLY SETTLEMENT R 12/22/2010 49.95CR 0453 08690 O'REILLY AUTO PARTS I-268078 HOSE R 12/22/2010 15.62CR 0453 I-269267 4" TAIL LIGHTS & LED LGHT R 12/22/2010 483.84CR 0453 I-269333 WEATHER STRP,PLATE LIGHT R 12/22/2010 0.82CR 0453 I-269342.268991.2689 WEATHER STRP,PLATE LIGHT R 12/22/2010 152.71CR 0453 I-269969 FUEL LINE HOSE R 12/22/2010 29.63CR 0453 I-271291 OIL FILTERS R 12/22/2010 23.76CR 0453 02970 OFFICE DEPOT I-541271810001 OFFICE SUPPLIES R 12/22/2010 153460CR 0453 02040 RICHARD J. PERRY, D.O. I-201012213772 HEP B VACCINATIONS R 12/22/2010 21475.00CR 0453 22760 CHERYL PRICE I-201012153742 MEALS -ELECTION CONFERENCE R 12/22/2010 37.50CR 0453 17260 QUEST CARE I-1110 OCT 2010 R 12/22/2010 500.00CR 0453 02120 QUILL, INC. I-9807716 OFFICE SUPPLIES R 12/22/2010 230.38CR 0453 I-9860233 OFFICE SUPPLIES R 12/22/2010 1.79CR 0453 02170 REINERT PAPER & CHEMICAL, INC. I-259655 JANITORIAL SUPPLIES R 12/22/2010 96.32CR 0453 1/03/2011 3:28 PM PACKET: 03856 Regular PaymentsCM VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT VENDOR NAME / I.D. DESC 11690 RESERVE ACCOUNT I-201012223777 POSTAGE A / P CHECK REGISTER 22310 ROCKY GEORGE PLUMBING I-201012213773 LABOR FOR WATER HEATER 11170 RICOH AMERICAS CORP:QDS I-18331854 COPIER LEASE 22140 ROCKY RUNNELS I-201012153736 TALL GRASS 02300 SANGER COURIER: LEMONS NEWSPAPERS, INC. .I-12960 SPORTS PAGE,ORDINANCE 16240 SCHAD & PULTE I-180382 I-180508 I-78050 16040 SHOW ME BOOKS I-16618P3X11 02260 SS TELEMETRY I-8577 I-8578 17400 PRECIOUS STAFFORD I-12131.0 11790 TAMI TABER I-201012153741 OXYGEN OXYGEN OXYGEN 22 BOOKS WELL 2 REPAIT2S,SCADA GRAP WELL 2 REPAIRS,SCADA GRAP 12/9 - 12/14 MEALS -ELECTION CONFEREDTCE 11900 TARRANT COUNTY COLLEGE I-61898 BACKGROUND IDTVESTIGATION 02690 TECHLINE, INC.. I-1447122-00 I-1447126-00 I-1447210-00 I-1447211-00 I-1447343-00 I-1447344-00 I-1447414-00 I-1447476-00 I-1447570-00 POLEMOUNT TRANSFORMER POLEMOUDIT TRANSFORMER METER SEALS METER SEALS SPLICES FLORESCENT BI-PIN MONUMENT LIGHT FIXTURES BOLTS,BRACKETS;CLAMPS 150W HPS FIXTURE -HEAD CHECK TYPE CHECK DATE R 12/22./2010 R 12/22/2010 R 12/22/2010 R 12/22/2010 R 12/22/2010 R 12/22/2010 R 12/22/2010 R 12/22/2010 R 12/22/2010 R 12/22/2010 R 12/22/2010 R 12/22/2010 R 12/22/2010 R 12/22/2010 R 12/22/2010 R 12/22/2010 R 12/22/2010 R 12/22/2010 R 12/22/2010 R 12/22/2010 R 12/22/2010 R 12/22/2010 R 12/22/2010 CHE DISCOUNT AMOUNT NC 3,OOO.00CR 0453 100.00CR 0453 205.33CR 0453 300.00CR 0453 75.00CR 0453 27.00CR 0453 16.00CR 0453 11.50CR 0453 242.00CR 0453 180.00CR 0453 120.00CR 0453 907.50CR 0453 37.50CR 0453 64.00CR 0453 106.25CR 0453 2,752.00CR 0453 270.00CR 0453 125600CR 0453 199600CR 0453 171a90CR 0453 1,654.00CR 0453 650460CR 0453 853.50CR 0453 1/03/2011 3:28 PM A / P CHECK REGISTER PACKET: 03856 Regular PaymentsCM VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHE VENDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NC 05350 TEXAS EXCAVATION SAFETY SYST I-10-8229 MESSAGE FEES 2011/2012 R 12/22/2010 38.00CR 0453 05730 TEXAS LIBRARY ASSOC I-201012153743 MEMBERSHIP DUES R 12/22/2010 125.00CR 0453 03930 THE LIBRARY STORE, INC. I-819081 LIBRARY SUPPLIES R 12/22/2010 113.30CR 0453 . 02910 UPPER TRINITY I-W271012 NOV 2010 R 12/22/2010 16,587.21CR 0453 15*210 VISION BANK 1-201012223779 LOAN # 10000414 R 12/22/2010 25,033.29CR 0453 * * T 0 T A L S * * NO# DISCOUNTS CHECK AMT TOTAL APPLIE REGULAR CHECKS: HANDWRITTEN CHECKS: PRE -WRITE CHECKS: DRAFTS: VOID CHECKS: NON CHECKS: CORRECTIONS: 67 0 0 0 0 0 0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 108,530.78 0.00 0.00 0.00 0.00 0.00 0.00 108,530.78 0.00 0.00 0.00 0.00 0.00 0.00 REGISTER TOTALS: 67 0.00 108,530.78 108,530.78 TOTAL ERRORS: 0 TOTAL WARNINGS: 0 AGENDA TYPE' . .. , Legal Council.- : DateDatek January 18, 2010 Submitted By# Mike Brice City Manager Reviewed/Approval Initials Date ACTION REQUE STED: [:]ORDINANCE RESOLUTION APPROVAL CHANGE ORDER F AGREEMENT APPROVAL OF BID El AWARD OF CONTRACT El CONSENSUS ■ ..... NTMENTS AGENDACAPTION Discuss, Consider and Possibly Act on Approving Annual Rate Increase With IEST, as per the Contract, FUND(S)t ■;Uti ity Special, BACKGROUND/SUMMARY provideIESI will •Meeting. STAFFOPTIONS & RE, COMME1 . Staff recommends approval. Prior Action/Review by Council, Boards, Commissions or Other List of Supporting Documents/Exhibits Attached: P13A COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal Yes Not Applicable El Yes El Not Applicable Council Meeting Date: January 6, 2011 Submitted By: Vicky Elieson City Manager Reviewed/Approval Initials -.. - Date ACTION REQUESTED: ❑ORDINANCE ❑ RESOLUTION ® APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ REAPPOINTMENTS AGENDA CAPTION Loan Star Libraries grant contract FINANCIAL SUMMARY FN/A ❑GRANT FUNDS ❑OPERATING EXPENSE ®REVENUE ❑CI P ❑BUDGETED ONON-BUDGETED FISCAL YEAR: 2010 PRIOR YEAR CURRENT YEAR FUTURE YEAR(S) TOTALS Proposed Expenditure Amount Encumbered Amount $5,012 BALANCE $5,012 FUND(S) TO BE USED: General ❑$ 5,012 Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM This annual grant from the State of Texas will be used for a variety of things this year. Most will go to replace our children's read-alongs on audio tape with rea&alongs on CD. Funds will also go to a computer, barcode scanner, gaming equipment, a sidewalk sign, performers for the Summer Reading Club, and TLA Conference registration and travel. STAFF OPTIONS & RECOMMENDATION The State has already approved the funding categories. Recommend approval. List of Supporting Documents/Exhibits Attached: Two originals of the grant document. Prior Action/Review by Council, Boards, Commissions or Other Agencies: TEXAS STATE LIBRARY & ARCHIVES COMMISSION LOAN STAR LIBRARIES GRANT Grant Type C — Under $20,000 Grant Number: 442-111015 I. CONTRACTING PARTIES Grantor: Texas State Library and Archives Commission (TSLAC) Grantee: City of Sanger, Sanger Public Library 501 Bolivar St Sanger, Texas 76266 II. TERM OF GRANT September 1, 2010 to August 31, 2011 (SFY 2011) III. STATEMENT OF SERVICES TO BE PERFORMED The Grantee acknowledges that the intent of the grant is to provide funds to maintain, improve, and enhance local library services, and to provide Texans who are not residents of a particular community access to and services from the many participating public libraries in Texas. Grant funds must be used to meet TSLAC goals. The Grantee must report information relating to best practices and performance outcomes. The Grantee will comply during the period of this contract and provide services as outlined within the Plan of Action submitted by the Grantee (Loan Star Libraries Grant for State FYI 1) as approved by the Grantor. The approved Plan of Action becomes part of this contract by this reference. IV. GRANT AMOUNTS AND DISBURSEMENT REQUIREMENTS A. The total amount of the grant shall not exceed: $ 5,012 B. Source of funds: General Revenue, State Fiscal Year 2011 C. Payment for this grant will be funded in full upon delivery to Grantor a legally executed contract. Grantee should receive payment within 20 working days after the Grantor has received a fully executed contract and Grantee has fulfilled all requirements for preceding contracts. D. The Grantee may not obligate or encumber grant funds after August 31, 2011. All obligations and encumbrances must be liquidated or paid no later than October 15, 2011. E. All unexpended grant funds $25.00 and over MUST be returned, in full, to TSLAC along with the Final Financial Status Report (FSR). See Section VII. B. of this contract for FSR due dates. F. Interest earned in excess of $100 must be returned to Grantor, per requirements in the State of Texas Uniform Grant Management Standards (UGMS). G. The Grantee will add any program income to the funds committed to the grant, using such program income for the purposes and under the conditions of the grant. The source and amount of the program income must be explained in Section 9 of the TSLAC FSR. H. Per the approved grant application, funds are authorized according to the following budget: Personnel Fringe Benefits Eguipment/Property $ 600 Supplies $ 3,362 Contractual $ 450 Other $ 600 Total $ 5,012 V. REQUEST FOR FISCAL AND PROGRAMMATIC CHANGES The Grantee must request a Budget and/or Program Revision for fiscal and/or programmatic changes as outlined in this Section. Grantee must submit request for Budget and/or Program Revision electronically via the electronic TSLAC Grant Management System (GMS), located at https:Qms.tsl.state.tx.us/. Under no condition may a Grantee request to exceed the total grant amount. Grantor must receive all change requests no later than July 31, 2011. Requests received after this date will be considered on a case -by -case basis. Grantee must submit a Budget and/or Program Revision to Grantor before obligating or expending grant funds under any of the following conditions. A. Fiscal changes must have an approved Budget Revision under any of the following conditions: 1. Making cumulative transfers among budget cost categories or projects which are expected to exceed ten (10) percent of the total grant; and/or, 2. Transferring any funds into a budget cost category that currently equals zero ($0); and/or, 3. Changing the items listed in the approved budget categories if an item's cost or features are substantially different from what the approved grant application specifies, or from a previously approved fiscal or program revision. B. Programmatic changes to the approved application (Loan Star Plan of Action) must have an approved Program Revision under the following conditions: 1. Obtaining the services of a third party to perform activities that are central to the purposes of the grant; and/or, FY 2011 Loan Star Libraries Grant 1 of 6 Contract C - Under $20,000 2. Changing the scope or objectives of the approved program, regardless of whether there is an associated Budget Revision. A change in scope is a substantive difference in the approach or method used to reach program objectives. VI. EQUIPMENT AND PROPERTY REQUIREMENTS A. If conditions described in Section V. A. 1 are met, fiscal changes to items listed in the Equipment/property Budget category specified in Section IV. I of this contract require a Budget Revision. This is defined as the cost of the equipment and/or property, including any cost necessary to put the item into service, such as the cost of any modifications, attachments, accessories, or auxiliary apparatus necessary to make the item usable for the purpose for which it is acquired. Ancillary charges, such as taxes, duty, protective in -transit insurance, freight, and installation may be included in, or excluded from the expenditure cost in accordance with the Grantee's regular accounting practices and Generally Accepted Accounting Practices (GAAP). B. The Grantee will comply with UGMS Part III, Subpart C, Sec. 32 (d)(3) requiring certain items of equipment to be maintained on inventory if the item's cost is between $500 and $1000. C. The Grantee agrees to submit the TSLAC Equipment Report electronically via the TSLAC GMS with the Final FSR, no later than October 31, 2011, for all equipment/property purchased with grant funds during the SFY10 grant year. This list must balance with the equipment/property purchased under the approved grant application and all subsequently approved Budget and/or Program Revisions. D. Grantee must furnish a statement to Grantor certifying the governing entity's capitalization level with the approved grant application. Grantee agrees to maintain records on all equipment/property with an acquisition cost above governing entity's capitalization level. E. Subject to the obligations and conditions set forth in the UGMS Part III, Subpart C, Sec. 32, title to equipment acquired under a grant will vest in the Grantee upon acquisition. Grantee must include any equipment/property acquired with grant funds in the required bi- annual property inventory, and follow the UGMS Part III, Subpart C, Sec. 32 (d) that requires the Grantee to reconcile the equipment/property records with a physical inventory of the equipment/property every two years. This bi-annual inventory does not need to be submitted to Grantor, but must be maintained by the Grantee and will be subject to review by Grantor. When property is vested in the Grantee, Grantee will dispose of equipment/property in accordance with the UGMS Part III, Subpart C, Sec. 32 (e). When the Grantee has been given Federally or state-owned equipment/property, Grantee will follow the UGMS Part III, Subpart C, Sec. 32 (f). VII. REPORTING REQUIREMENTS The State Legislature has charged Grantor with submitting performance measurement reports that specify the level of services provided by its programs and services. In accepting the grant funds, the Grantee acknowledges responsibility for performing certain services on behalf of Grantor, as outlined in the approved Plan of Action. Therefore, the Grantee is responsible for submitting periodic reports that reflect the Grantee's level of performance on these services to Grantor. To comply with these requirements, the Grantee agrees to submit reports that are timely, accurate, auditable, and consistent with definitions. A. The Grantee agrees to submit the Loan Star Libraries Performance Report electronically on the TSLAC GMS to Grantor no later than the due dates listed in the following schedule. If library materials ordered with grant funds are received by Grantee after the end of the grant year, a revised final Loan Star Libraries Performance Report may be required covering receipt of those materials. This revised final performance report will be due no later than October 31, 2011. Note: Grantee must contact the Loan Star Libraries Grant Coordinator listed in Section X of this contract in order to submit a revised performance report. Reporting Period Due Date September 1, 2010 -February 28; 2011 March 7, 2011 March 1, 2011 - August 31, 2011 September 5, 2011 B. The Grantee agrees to submit electronically the TSLAC Financial Status Report Form (FSR), located on the TSLAC GMS, for the grant funded under this contract no later than the due dates listed in the following schedule. Grantee should submit a Final FSR once all grant funds have been expended and all program requirements are accomplished. Grantee should mark the last required FSR as "Final" and not submit any subsequent FSR forms. Reporting Period Due Date September 1, 2010 - February 28, 2011 March 31, 2011 March 1, 2011 - August 31, 2011 September 30, 2011 If necessary, a revised Final FSR must be submitted no later than October 31, 2011. Note: Grantee must contact the Grants Accountant listed in Section X of this contract in order to submit a revised FSR. C. The Grantee will send the Grantor a copy of all management letters issued by an auditor with the reporting package. As specified in UGMS Part IV, Subpart B, Sec. 235(c), the audit shall be completed and submitted within the earlier of 30 days after receipt of the auditor's report(s), or nine months after the end of the audit period, unless a longer period is agreed to in advance by the state agency that provided the funding or a different period is specified in a program -specific audit guide. The audit's Schedule of Expenditures of Federal and State Awards must list the amount of TSLAC awards expended for each award year separately. VIII. GENERAL TERMS AND CONDITIONS A. The Grantee will comply with the Loan Star Library Grant Program Guidelines for SFY 2011. B. The Grantee will comply with the Title 13, Part 1, Chapter 2, Subchapter C, Division 8, Rules 2.810 — 2.815 regarding the Loan Star Grant Program and Title 13, Part 1, Chapter 2, Subchapter C, Division 1, Rules 2.110 — 2.119 regarding General Grant FY 2011 Loan Star Libraries Grant 2 of 6 Contract C - Under $20,000 Guidelines. Loan Star Libraries Administrative Rule 2.815 (c) states, "If a library has certified that it provides service to non- residents without charge or it has elected to participate in the TexShare card program, the library must maintain these services for the duration of the contract that it received." This means the library shall provide the same library services and may impose the same restrictions on non-resident customers as it does for those customers who live locally. Texas Government Code, Section 441.138(c), states, "State aid to a free tax -supported public library is a supplement to and not a replacement of local support." Co The Grantee will comply with the following parts of the Governor's Office of Budget and Planning, UGMS revised June 2004, located at: http://governor.state.tx.us/files/state-Qrants/UGMS062004.doc. Part I. Cost Principles for State and Local Governments and Other Affected Entities (Adapted from OMB Circular A-87). Part II. State Uniform Administrative Requirements for Grants and Cooperative Agreements (Adapted from OMB Circulars A- 102 and A422). Part III. State of Texas Single Audit Circular (Adapted from OMB Circular A-133). D. All publicity relating to the grant award must include acknowledgement of the Texas State Library and Archives Commission whenever possible and practical. Publicity includes, but is not limited to press releases, media events, public events, displays in the benefiting library, announcements on the Grantee's website, and materials distributed through the grant project. The Grantee will provide Grantor with one set of all public relations materials produced under this grant with the Final Performance Report. E. Grantee understands that acceptance of funds under this contract acts as acceptance of the authority of the Texas State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Grantee further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing access to any information the state auditor considers relevant to the investigation or audit. Grantee will ensure that this clause concerning the authority to audit funds received indirectly by Sub -grantees through Grantee, and the requirement to cooperate, is included in any sub -grant awarded. F. The Grantee agrees to maintain all financial and programmatic records, supporting documents, statistical records, and other records relating to this grant award for a minimum of three years after the end date of this contract. IX. ENFORCEMENT A. Remedies for noncompliance. If a Grantee or Sub -grantee materially fails to comply with any term of an award, whether stated in a state statute or regulation, an assurance, in a state plan or application, a notice of award, or elsewhere, Grantor may take one or more of the following actions, or impose other sanctions, as appropriate in the circumstances: 1. Temporarily withhold cash payments pending correction of the deficiency by the Grantee or Sub -grantee, or more severe enforcement action by Grantor; 2. Disallow (that is, deny both use of funds and matching credit for) all or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate the current award for the Grantee's or Sub -grantee's program; 4. Withhold further awards for the program, or 5. Take other remedies that may be legally available. B. Hearings, appeals. In taking an enforcement action, Grantor will provide the Grantee or Sub -grantee an opportunity for such hearing, appeal, or other administrative proceeding to which the Grantee or Sub -grantee is entitled under any statute or regulation applicable to the action involved. Co Effects of suspension and termination. Costs of Grantee or Sub -grantee resulting from obligations incurred by the Grantee or Sub - grantee during a suspension or after termination of an award are not allowable unless Grantor expressly authorizes them in the notice of suspension or termination, or subsequently. Other Grantee or Sub -grantee costs during suspension or after termination which are necessary, and not reasonably avoidable, are allowable if: 1. The costs resulting from obligations which were properly incurred by the Grantee or Sub -grantee before the effective date of suspension or termination are not in anticipation of it and, in the case of a termination, are non -cancelable; and, 2. The costs would be allowable if the award were not suspended, or expired normally at the end of the funding period in which the termination takes effect. D. Relationship to Debarment and Suspension. The enforcement remedies identified in this section, "including suspension and termination, do not preclude Grantee or Sub -grantee from being subject to "Debarment and Suspension" under Executive Order 12549 (see UGMS Part III, Subpart C, Sec. 35) and state law. X. CONTACTS AT TSLAC Questions or concerns about programmatic issues budget Al program revisions and performance reports should be directed to this grant's Program Manager: Loan Star Libraries Grant Coordinator Phone: 512463-5475 Fax: 512-463-8800 E-mail: wclark(a1tsl.state.tx.us ottooto Questions or concerns about financial issues should be directed to: Manager, Accounting and Grants Department Phone: 512463-6626 Fax: 512475-0185 E-mail: mmartin antsl.state.tx.us FY 2011 Loan Star Libraries Grant 3 of 6 Contract C - Under $20,000 Questions or documentation relating to required Financial Status Reports and Equipment Reports should be directed to: Grants Accountant Phone: 512463-5472 Fax: 512475-0185 E-mail: grants. accounting(a,tsl.state.tx.us Payments from Grantee to Grantor, such as those for excess advanced funds or for interest earned on advanced funds, should be mailed with a revised FSR, an explanation of the purpose of the payment, and the grant number. This information shall be directed to: Grants Accountant Accounting and Grants Department Texas State Library and Archives Commission PO Box 12516 Austin, TX 78711-2516 XI. APPLICABLE AND GOVERNING LAW A. The laws of the State of Texas shall govern this grant. All duties of either party shall be legally performable in Texas. The applicable law for any legal disputes arising out of this contract shall be the law of (and all actions hereunder shall be brought in) the State of Texas, and the forum and venue for such disputes shall be Travis County, District Court. Be This grant is subject to availability of funds. XII. GRANT CERTIFICATIONS A. Grantor certifies that: (1) The services specified in the approved grant application and this contract are necessary and essential for activities that are properly within the statutory functions and programs of the affected organizations; (2) The services, supplies or materials contracted for are not required by Section 21 of Article 16 of the Constitution of Texas to be supplied under contract given to the lowest bidder; and, (3) The grant complies with Texas Government Code § 441.006, Title 13, Part 1, Chapter 2, Subchapter C, Division 8, Rules 2.810 — 2.815 regarding the Loan Star Grant Program and Title 13, Part 1, Chapter 2, Subchapter C, Division 1, Rules 2.110 — 2.119 regarding General Grant Guidelines, Texas Government Code § 441.135 Grants (Systems Act), P.L. 104-208, and UGMS. Be The Grantee affirms that it has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with this contract. The Grantee further affirms that its employees or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to any sub -agreements. C. The Grantee certifies all applicable activities related to this grant will comply with the Copyright Law of the United States (Title 17, U.S. Code). D. Per UGMS Part III, Subpart C, Sec. 35 Grantee certifies by this contract that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this program by any Federal department or agency, as required by the regulations implementing Executive Order 12549, Debarment and Suspension, 34 CFR Part 85, Section 85.510, Participant's responsibilities, 2 CFR Part 180 Subchapter C. 180.335. Where the grantee is unable to certify to any of the statements in this certification, the grantee shall attach an explanation to this contract. E. State law requires a number of assurances from applicants for state -appropriated funds. (UGMS Part III, Subpart B, Sec. 14 — State Assurances): (L) A sub -grantee must comply with Texas Government Code, Chapter 573, Vernon's 1994, by ensuring that no officer, employee, or member of the applicant's governing body or of the applicant's contractor shall vote or confirm the employment of any person related within the second degree of affinity or the third degree of consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two years, or such other period stipulated by local law, prior to the election or appointment of the officer, employee, or governing body member related to such person in the prohibited degree. (2.) A sub -grantee must insure that all information collected, assembled or maintained by the applicant relative to a project will be available to the public during normal business hours in compliance with Texas Government Code, Chapter 552, Vernon's 1994, unless otherwise expressly prohibited by law. (3.) A sub -grantee must comply with Texas Government Code, Chapter 551, Vernon's 1994, which requires all regular, special or called meeting of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. (4.) A sub -grantee must comply with the Texas Family Code, Section 261.101 that requires reporting of all suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child Protective and Regulatory Services. Sub -grantees shall also ensure that all program personnel are properly trained and aware of this requirement. (5.) Sub -grantees will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps and the Americans With Disabilities Act of 1990; (d) the Age Discrimination Act of 1974, as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (e) FY 2011 Loan Star Libraries Grant 4 of 6 Contract C - Under $20,000 the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. (6.) Sub -grantees will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. § § 276a to 276a-7), the Copeland Act (40 U.S.C. § § 276c and 18 U.S.C. § § 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. § § 327-333), regarding labor standards for Federally assisted construction sub -agreements. (7.) Sub -grantees will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the Intergovernmental Personnel Act of 1970, as applicable. (8.) Sub -grantees will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a4 et seq.). (9.) Sub -grantees will comply with Public Law 103-277, also known as the Pro -Children Act of 1994 (Act), which prohibits smoking within any portion of any indoor facility used for the provision of services for children as defined by the Act. (10.) Sub -grantees will comply with all Federal tax laws and are solely responsible for filing all required state and Federal tax forms. (11.) Sub -grantees will comply with all applicable requirements of all other Federal and state laws, executive orders, regulations and policies governing this program. (12.) Sub -grantees must adopt and implement applicable provisions of the model HIV/AIDS work place guidelines of the Texas Department of Health as required by the Texas Health and Safety Code, Ann., Sec. 85.001, et seq. FY 2011 Loan Star Libraries Grant 5 of 6 Contract C - Under $20,000 SIGNATURES GRANTOR '"�ras State Library and Archives Commission Edward Seidenberg, Assistant State Librarian Vincent Houston, Chief Fiscal Officer 12/23/2010 Date Littrell, Library Development Director 12/23/2010 Date Wendy Clark, Program Manager 12/23/2010 Date GRANTEE City of Sanger, Sanger Public Library Signature (must be an official empowered to enter into contracts) Typewritten or Printed Name Title Date FY 2011 Loan Star Libraries Grant 6 of 6 Contract C - Under $20,000 �# OAF t e � Sanger Animal Shelter Monthly Activity Report Month & Year December 2010 Name Anthony Dodson Date Submitted: Number in the Shelter as of the 1st Number taken into the Shelter Dogs 1 Dogs 12 Cats 0 Cats 2 Other (Specify) Other (Specify) Total 1 Total 14 Number returned to owner Number adopted from the shelter Dogs 6 Dogs 0 Cats 0 Cats 0 Other (Specify) Other (Specify) Total 6 lTotal 0 Number sent to Noah's Ark for Adoption Number sent to other Agencies (Specify) Dogs 3 Dogs 3 Cats 1 Cats 1 Other (Specify) Other (Specify) Total 4 Total 4 Number Euthanized Other Outcome (Specify) Dogs 0 Dogs 0 Cats 0 Cats 0 Other (Specify) Other (Specify) Total 0 Total 0 Number in the Shelter at end of month Total Number Processed Dogs 1 Dogs 12 Cats 0 Cats 2 Other (Specify) 0 Other (Specify) 0 Total 1 Total 14 Dogs Cats % Returned to Owner 50% % Returned to Owner 0% 10% % Adopted or sent to other Adoption Agency 50% % Adopted or sent to other Adoption Agency 00% • Euthanized 0% % Euthanized Comments: 3 dogs went to Highland Village animal shelter, and 1 cat went to Dr. Stucky's office due to being ill, Dr. Stuck treated the cat and it was adopted from his office