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11/16/2009-CC-Agenda Packet-RegularAGENDA CITY COUNCIL MONDAY NOVEMBER 16, 2009 7:00 PM 502 ELM STREET 1. Call Meeting to Order, Invocation, Pledge of Allegiance. 2. Citizens Input: Citizens are allowed 3 minutes to speak. The City Council is unable to respond or to discuss any issues brought up during this section. CONSENT AGENDA 3. a) Approve Minutes: October 19, 2009 -- City Council b) Disbursements c) Approve Interlocal Agreement with Denton County for Rehabilitation of Metz Road d) Approve Auldridge Griffin, Certified Public Accountants, to Perform Audit for the Year Ending September 30, 2009 e) Approve Interlocal Agreement with Denton County and the Sanger Volunteer Fire Department for EMS Ambulance Service f) Approve Interlocal Agreement with Denton County and the Sanger Volunteer Fire Department for Fire Protection 4. Consider any Items Removed from Consent Agenda. 5. Consider and Possible Action on the Preliminary Plat of the Porter Park Addition, Being 71.692 Acres in the R. A. Johnson Survey, Abstract No. 666 and the M. R. Burleson Survey, Abstract No. 71. 6. Consider and Possible Action on the Final Plat of the Porter Addition Phase 1, Being 55.578 Acres in the R. A. Johnson Survey, Abstract No. 666 and the M. R. Burleson Survey, Abstract No. 71. 7. Information Items: a) City of Sanger Investment Report b) Monthly Library Report 8. Adjournment. 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, Tegas, a place convenient and readily accessible to the general public at,afflfhSiftsf, and said notice was posted on the following date and time: N CYI : ` P, . 'i , at { U P.M. and h4ll remain posted Rosalie Chavez, City City of Sanger, Teza ef ///lllllllllltl y This notice was removed from the official bulletin board on by at This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services mast be made 48 hours prior to this meeting. Please contact the City Secretary's office at (940) 4584930 for further information. MINUTES: CITY COUNCIL MINUTES November 2, 2009 PFSF1l�Tt May or Jae Higgs, Coanc'_llnan iQassell Marten, ror�llce2111a11 Andy Garza, Councilman Robert Patton, Councilman Glenn Ervin, Councilman Thomas Muir OTHERS PRESENT. Mike Brice City Manager, Rose Chavez City Secretary/Asst. City Manager, Katie Griffin 1. Call Meeting to Order, Invocation, Pledge of Allegiance. Mayor Higgs called meeting to order, led the invocation followed by Councilman Patton leading the Pledge of Allegiance. �= Catizens �n0a*� Citizens are allowed 3 minutes to speak. The City Council is unable to respond or to discuss any issues brought up during this section. None CONSENT AGENDA 3. a) Approve Minutes: October 5 -Work Session October 5 - City Council October 6 - Special Joint Meeting October 19 - City Council b) Dlsbarsemenit c) Approve and Authorize Staff to Advertise for Request for Qualifications (RFQ) on the Splash Park Design/Build d) Approve Interlocal Cooperation Agreement Between Denton County, Texas and the City of Sanger, Texas Regarding the Cowling Road Project e) Approve Interlocal Cooperation Agreement Between Denton County, Texas and the City of Sanger, Texas Regarding the Duck Creek Road Project f) Approve the Acceptance of CIP 2005/2006 - Phases III & IV g) Approve and Authorize Staff to Advertise for Request for Qualifications (RFQ) on General Engineering Services h) Approve Staff to Negotiate with Burlington Northern's Real Estate Representatives to Purchase Railroad Property Adjacent to Existing City Property City Manager advised that on item (c) on the consent agenda is soliciting for RFQ'S for design of the Splash Park. They will advertise it and send out for the RFQ'S. The requests will be submitted; staff will evaluate them and narrow them down to at least four companies w111_ be selected after evainat'�ns are IIIadPs to be Interviewed. A company City Manager proceeded to discuss item (d) and (e) concerning the Interlocal Agreements w0th Denton County on the Cowling Road and the Duck Creek Project. The Cowling Road project is reconstruction of Cowling Road from Deer Run south to Clear Creek Bridge and Duck Creek is an overlay from Keaton Road to I.35 service road. Item (f) is the acceptance of the 2005/2006 CIP Phases III and IV and the release of the final payment to Conaster for V and 2°d Street. Item (g) authorizes staff to advertise for general engineering services for the work on some of the proposed projects. The City Manager discussed that item (g) is authorizing staff to negotiate with Burlington on the purchase of railroad property adjacent to City property. A brief discussion continued concerning item (g) and the location of the City's existing property. Motion was made by Councilman Martin to approve the consent agenda. Seconded by Councilman Garza. Motion carried unanimously. 4. Consider any Items Removed from Consent Agenda. 5. Consider and Possible Action on Approving Ordinance #11-15-09 -Amending Article 3.1700, Exterior Construction of Buildings. The City Manager advised this is the final draft of the amended ordinance that has been discussed over the last several months. Motion was made by Councilman Patton to approve Ordinance #11-15-09, amending Article 3.1700, Exterior Construction of Buildings. Seconded by Councilman Muir. Motion carried unanimously. 6. Consider and Possible Action on Approving Ordinance #11-16-09 -Amending Article 3.2100, Exterior Construction of Residential Dwellings, The City Manager advised that this does apply to multi -dwellings. Motion was made by Councilman Muir Ordinance #11-16-09 amending Article 3.21, Exterior Construction of Residential Dwellings. Seconded by Councilman Ervin. Motion carried unanimously. 7. Consider and Possible Action to Approve Utilizing Waste Water Capital Funds to Pay for Services Provided by the Upper Trinity Regional Water District for Studies Related to the Design and Construction of the Clear Creek Waste Water Treatment Plant in the Amount of $769180.000 The City Manager advised that the City has owed Upper Trinity Regional Water District for some time. The $28,066 represents the planning study they conducted in 2004. It was his understanding that Upper Trinity would defer this cost until we proceeded with the building of the new sewer plant. It was assumed that the plant would be construction phase in 2006 or 2007. Last year UTRWD completed the environmental assessment study to determine the future wastewater needs of the City and for filing with the State. The study was $489114. The total owed to UTRWD is $76,180. The City Manager advised that even with all the rains we have not experienced any inflow and infiltration issues. This could be due to all the work that has been done to 13t and 2nd Street. All work has been stopped until the City is ready to proceed with the plant. There will be more sewer lines that will be replaced this year that will help with inflow and infiltration to the sewer plant. They have talked to Upper Trinity and he anticipates that it will be another year before they can resume the engineering and applying for funds through the state. Councilman Martin asked if the work that has currently been done will it still be valid. The City Manager indicated that it will still be valid. Motion was made by Councilman Garza to approve utilizing Waste Water Capital Funds to pay services provided by the Upper Trinity Regional Water District for studies related to the design and construction of the Clear Creek Waste Water Treatment Plant in the amount of $76,180.00. Seconded by Councilman Patton. Motion carried unanimously. 8. Information Items: a) City of Sanger Investment Report b) Official City Council Meeting Dates for 2010 c) Official 2010 Holidays d) Library Monthly Report 9. Adjournment. Mayor Higgs adjourned the meeting. 11/03/2009 11:51 AM PACKET: 02701 US - Refund VENDOR SET: 99 AP VENDOR SET SEQUENCE : ALPHABETIC DUE TO/FROM ACCOUNTS SUPPRESSED ITM DATE °: -----ID------- BANK CODE --------------------------------- 99-1 MISC. VENDOR A/P Refund Item Register PAGE: 1 GROSS P.O. H --DESCRIPTION--------- DISCOUNT G/L ACCOUNT --ACCOUNT NAME-- DISTRIBUTION I-000200911022283 11/02/2009 AMBASSADOR REAL ESTATE POOL DUE: DISC: 04-3270-04 __= VENDOR TOTALS 99-1 MISC. VENDOR i-000200911022284 11/02/2009 ROWS, S•1ILLIAM POOL DUE: DISC: 05-1220-08 __= VENDOR TOTALS 99-1 MISC. VENDOR I-000200911022285 11/02/2009 RIO VISTA HOMES POOL DUE: DISC: 05-2166-00 VENDOR TOTALS --------------------------------------------- 9! MISC. VENDOR I-000200911022286 11/02/2009S&T PROPERTIES POOL DUE: DISC: 06-2215-03 __= VENDOR TOTALS 99-1 MISC. VENDOR 278.37 1099: 008 00-2107 278.37 58.29 1099: 008 00-2107 58.29 REFUNDS PAYABLE 278.37 REFUNDS PAYABLE 58.29 257.84 1099: 008 00-2107 REFUNDS PAYABLE 257.89 152.36 1099: 008 00-2107 REFUNDS PAYABLE 152.36 257.89 152.36 I-000200911022287 11/02/2009 VTILSON, FLOY JO 237.33 POOL DUE: DISC: 1099: 06-2860-01 008 00-2107 REFUNDS PAYABLE 237.33 VENDOR TOTALS =_= 237.33 99-1 MISC. VENDOR I-000200911022288 11/02/2009 HALL, HAROLD 47.37 POOL DUE: DISC: 1099: 06-3040-19 008 00-2107 REFUNDS PAYABLE 47.37 __= VENDOR TOTALS =_= 47.37 11/03/2009 11:51 AM A/P Refund Item Register PAGE: 2 PACKET: 02701 US - Refund VENDOR SET: 99 AP VENDOR SET SEQUENCE ALPHABETIC DUE TO/FROM ACCOUNTS SUPPRESSED ITM DATE GROSS P.O. # -----ID------- BANK CODE ---------DESCRIPTION--------- DISCOUNT G/L ACCOUNT --ACCOUNT NAME-- DISTRIBUTION 99-1 MISC. VENDOR I-000200911022289 11/02/2009 FIALLACE, CUNT 198.30 POOL DUE: DISC: 1099: 06-3340-20 008 00-2107 REFUNDS PAYABLE 198.30 __= VENDOR TOTALS =_= 198.30 99-1 MISC. VENDOR I-000200911022290 11/02/2009 MEEKS, JAYME 165.28 POOL DUE: DISC: 1099: 08-6007-02 008 00-2107 REFUNDS PAYABLE 165.28 __= VENDOR TOTALS =_= 165.28 ---------------------------------------------------------------------------------------------------------- 99-1 MISC. VENDOR I-000200911022291 11/02/2009 HO4IARD, MENDY 103.39 POOL DUE: DISC: 1099: 08-6015-01 008 00-2107 REFUNDS PAYABLE 103.34 __= VENDOR TOTALS =_= 103.34 9 MISC. VENDOR I-000200911022292 11/02/2009 LANDEROS, MICHAEL POOL DUE: DISC: 08-8060-02 __= VENDOR TOTALS =__ 99-1 MISC. VENDOR 72.52 72.52 1099: 008 00-2107 REFUNDS PAYABLE 72.52 I-000200911022293 11/02/2009 SPUZA, WENDY 84.00 POOL DUE: DISC: 1099: 08-8072-03 008 00-2107 REFUNDS PAYABLE 84.00 __= VENDOR TOTALS =_= 89.00 99-1 MZSC. VENDOR I-000200911022294 11/02/2009 MEYER, LEE B 61.39 POOL DUE: DISC: 1099: 08-8072-04 008 00-2107 REFUNDS PAYABLE __= VENDOR TOTALS =_= 61.39 61.39 i 11/03/2009 11:51 AM PACKET: 02701 US - Refund VENDOR SET: 99 AP VENDOR SET SEQUENCE : ALPHABETIC DUE TO/FROM ACCOUNTS SUPPRESSED A/P Refund Item Register PAGE: 3 ITM DATE GROSS P.O. # -.... ID------- BANK CODE ---------DESCRIPTION--------- DISCOUNT G/L ACCOUNT --ACCOUNT NAME-- DISTRIBUTION 99-1 MISC. VENDOR I-000200911022295 11/02/2009 EPPERSON, BRUCE 17,14 POOL DUE: DISC: 1099: OB-8093-02 008 00-2107 REFUNDS PAYABLE 17.14 __= VENDOR TOTALS =_= 17.14 99-1 MISC. VENDOR I-000200911022296 11/02/2009 GILES ENVIROMENTAL 1,000.00 POOL DUE: DISC: 1099: 10-0200-12 008 00-2107 REFUNDS PAYABLE 1,000.00 __= VENDOR TOTALS =_= 1,000.00 99-1 MISC. VENDOR I-000200911022297 11/02/2009 ALLEGIANT PROPERTIES POOL DUE: DISC: 10-5101-04 __= VENDOR TOTALS =__ MISC. VENDOR 1099: 008 00-2107 REFUNDS PAYABLE 119.13 I-000200911022298 11/02/2009 MCMULLEN, LAURA 7.90 POOL DUE: DISC: 1099: 10-5290-03 008 00-2107 REFUNDS PAYABLE 7.40 __= VENDOR TOTALS =_= 7.90 99-1 MISC. VENDOR I-000200911022299 11/02/2009 KNOX, MEREDITH 7.12 POOL DUE: DISC: 1099: 10-5325-03 008 00-2107 REFUNDS PAYABLE 7.12 __= VENDOR TOTALS =_= 7.12 99-1 MISC. VENDOR I-000200911022300 11/02/2009 CAROL'S BEAUTY SHOP POOL DUE: DISC: 11-1086-02 __= VENDOR TOTALS 192.33 192.33 1099: 008 00-2107 REFUNDS PAYABLE 192.33 11/03/2009 11:51 AM PACKET: 02701 US - Refund VENDOR SET: 99 AP VENDOR SET SEQUENCE : ALPHABETIC DUE TO/FROM ACCOUNTS SUPPRESSED A/P Refund Item Register ITM DATE ID------- BANK CODE --------- DESCRIPTION --------- ---------- ---------------------------------------------------- 99-1 MISC. VENDOR I-000200911022301 11/02/2009 GREATER DALLAS ANESTHESIA POOL DUE: DISC: 11-1771-01 PAGE: 4 GROSS P.O. # DISCOUNT G/L ACCOUNT --ACCOUNT NAME-- DISTRIBUTION ------------------------------- =--- ====---------------------- 189.13 __= VENDOR TOTALS =_= 189.13 99-1 MISC. VENDOR 1099: 008 00-2107 REFUNDS PAYABLE 189.13 I-000200911022302 11/02/2009 GREATER DALLAS ANESTHESIA 190.93 POOL DUE: DISC: 1099: 11-1772-01 008 00-2107 REFUNDS PAYABLE 190,43 __= VENDOR TOTALS =_= 190.93 99-1 MISC. VENDOR I-000200911022303 11/02/2009 GREATER DALLAS ANESTHESIA 177,96 POOL DUE: DISC: 11-1773-01 __= VENDOR TOTALS =_= 177.96 MISC. VENDOR I-000200911022304 11/02/2009 GREATER DALLAS ANESTHESIA 189.00 POOL DUE: DISC: 11-1774-02 __= VENDOR TOTALS =_= 189.00 __= PACKET TOTALS =_= 3,806.03 1099: 008 00-2107 REFUNDS PAYABLE 177.96 1099: 008 00-2107 REFUNDS PAYABLE 189.00 11/03/2009 11:51 AM PACKET: 02701 US - Refund VENDOR SET: 99 AP VENDOR SET SEQUENCE : ALPHABETIC DUE TO/FROM ACCOUNTS SUPPRESSED BANK YEAR ACCOUNT 2009-2010 008-00-2000 008-00-2107 999-00-1999 `000 ERRORS 0000 WARNINGS ** END OF REPORT ** TOTAL ERRORS: 0 A/P Refund Item Register INVOICE TOTALS DEBIT MEMO TOTALS CREDIT MEMO TOTALS BATCH TOTALS ** T O T A L S ** 3,806.03 ** G/L ACCOUNT TOTALS ** NAME AMOUNT ACCOUNTS PAYABLE 31806.03-* REFUNDS PAYABLE 3,806.03 DUE FROM OTHER FUNDS 3,806.03 ** 2009-2010 YEAR TOTALS 3,806.03 TOTAL EARNINGS: 0 PAGE: 5 ANNUAL BUDGET OVER ANNUAL BUDGET OVER BUDGET AVAILABLE BUDG BUDGET AVAILABLE BUDG 11/10/2009 10:24 AM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 1 PACKET: 02728 CC PACKET VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 15 ADMINISTRATION BANK: POOL BUDGET TO USE: CB -CURRENT BUDGET G $ ------------------------ NAME ITEM # -------------------------------------- G/L ACCOUNT NAME ---------------------------------------------------------------------- DESCRIPTION CHECK# AMOUNT 99-02740 TMCA, INC. I-200911042315 001-15-5235 DUES AND REGI 2010 MEMBERSHIP 000000 42.50 99-18190 DEPARTMENT OF INFORMATI I-10090910T 001-15-5510 TELEPHONE SER LONG DISTANCE SEPT 0 000000 9.39 99-20190 AULDRIDGE GRIFFIN I-26194 001-15-5425 LEGAL SERVICE 9/30/09 FINANCIAL ST 000000 1,500.00 I-26324 001-15-5415 ACCOUNTING SE PROGRESS BILLING 9/3 000000 1,250.00 99-20710 CHERYL HAZWLWOOD-ESTES I-510 001-15-5415 ACCOUNTING SE OCT 09 000000 2,661.95 DEPARTMENT 15 ADMINISTRATION TOTAL: 5,463.84 -------------------------------------------------------------------------------------------- 11/10/2009 10:24 AM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 2 PACKET: 02728 CC PACKET VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 18 PUBLIC WORKS ADMIN. BANK: POOL BUDGET TO USE: CB -CURRENT BUDGET NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-18190 DEPARTMENT OF INFORMATI I-10090910T 001-18-5510 TELEPHONE SER LONG DISTANCE SEPT 0 000000 3.29 DEPARTMENT 18 PUBLIC WORKS ADMIN. TOTAL: 3.29 11/10/2009 10:24 AM PACKET: 02728 CC PACKET VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 20 POLICE BUDGET TO USE: CB -CURRENT BUDGET C. '? NAME ITEM # ------------- 99-08300 JONATHAN PERKINS I-200911102337 99-08690 O'REILLY AUTO PARTS I-186616 99-13670 ROXANNE LINDBERG I-200911102339 99-18190 DEPARTMENT OF INFORMATI I-10090910T 99-20450 CARL PARKER I-200911102338 REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 3 G/L ACCOUNT NAME DESCRIPTION CHECK# 001-20-5240 TRAVEL EXPENS INTOXICATED MANSLAUG 000000 001-20-5325 R & M MOTOR V OIL PAN GASKET SET 000000 001-20-5240 TRAVEL EXPENS MEALS - USE OF FORCE 000000 001-20-5510 TELEPHONE SER LONG DISTANCE SEPT 0 000000 001-20-5240 TRAVEL EXPENS MEALS- USE OF FORCE 000000 DEPARTMENT 20 POLICE TOTAL: AMOUNT 37.50 36.23 25.00 8.69 25.00 132.42 11/10/2009 10:24 AM PACKET: 02728 CC PACKET VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 22 ANIMAL CONTROL BUDGET TO USE: CB -CURRENT BUDGET NAME ITEM # 99-00270 ANIMAL HOSPITAL ON MILA I-111506 REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 4 BANK: POOL G/L ACCOUNT NAME DESCRIPTION CHECK# 001-22-5248 ANIMAL CARE E VET SERVICE 10/8 - 1 000000 AMOUNT 260.40 DEPARTMENT 22 ANIMAL CONTROL TOTAL: 260.40 ------------------------------------------------------------------------------------------------------------- 11/10/2009 10:24 AM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 5 PACKET: 02728 CC PACKET VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 24 FIRE DEPARTMENT BANK: POOL BUDGET TO USE: CB -CURRENT BUDGET IV !2 NAME ITEM 1f G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-08150 SIMPSON WRECKER SERVICE I-217667 001-24-5325 R & M MOTOR V TON] 99 FORD F550 000000 100.00 99-18190 DEPARTMENT OF INFORMATI I-10090910T 001-24-5510 TELEPHONE SER LONG DISTANCE SEPT 0 000000 1.50 DEPARTMENT 24 FIRE DEPARTMENT TOTAL: 101.50 11/10/2009 10:24 AM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 6 PACKET: 02728 CC PACKET VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 25 AMBULANCE BANK: POOL BUDGET TO USE: CB -CURRENT BUDGET '.R NAME ITEM ik G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-04630 DEPT OF STATE HEALTH SE I-113700 001-25-5325 R & M MOTOR V DSHS GRANT 000000 821.33 99-16240 SCHAD & PULTE I-173305 001-25-5262 EMS SUPPLIES MEDICAL OXYGEN 000000 11.00 I-177035 001-25-5262 EMS SUPPLIES MEDICAL OXYGEN 000000 22.00 I-177114 001-25-5262 EMS SUPPLIES MEDICAL OXYGEN 000000 38.00 I-177278 001-25-5262 EMS SUPPLIES 02 CYLINDERS 000000 27.00 I-71699 001-25-5262 EMS SUPPLIES MEDICAL OXYGEN 000000 11.50 99-18620 STERICYCLE I-4001236543- 001-25-5262 EMS SUPPLIES STERICYCLE 000000 16.71 99-19770 TEXAS EMS CONFERENCE I-200911102341 001-25-5235 DUES & REGIST NOV 21 CONFERENCE 000000 560.00 99-20410 CARE NOW CORPORATE I-834402 001-25-5180 MEDICAL/PHYSI D/S STANDARD 10 PANE 000000 85.00 DEPARTMENT 25 AMBULANCE TOTAL: 1,592.54 11/10/2009 10:24 AM PACKET: 02728 CC PACKET VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 26 MUNICIPAL COURT BUDGET TO USE: CB -CURRENT BUDGET V. R NAME ITEM # ------------------------------------- 99-18190 DEPARTMENT OF INFORMATI I-10090910T 99-20410 CARE NOW CORPORATE I-834402 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME -------------- 001-26-5510 001-26-5180 PAGE: 7 BANK: POOL DESCRIPTION CHECK# AMOUNT -------------- TELEPHONE SER LONG DISTANCE SEPT 0 000000 1.34 MEDICAL/PHYSI D/S STANDARD 10 PANE 000000 35.00 DEPARTMENT 26 MUNICIPAL COURT TOTAL: 36.34 ------------------------- -------------------- --....... ------------- 11/10/2009 10:24 AM PACKET: 02728 CC PACKET VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 28 DEVELOPMENT SERVICES BUDGET TO USE: CB -CURRENT BUDGET R NAME ITEM # 99-18190 DEPARTMENT OF INFORMATI I-10090910T REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 8 BANK: POOL G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 001-28-5510 TELEPHONE SER LONG DISTANCE SEPT 0 000000 6.58 DEPARTMENT 28 DEVELOPMENT SERVICES TOTAL: 6.58 11/10/2009 10:24 AM REGULAR DEPARTMENT PAYMENT REGISTER PACKET: 02728 CC PACKET VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 30 STREETS BUDGET TO USE: CB -CURRENT BUDGET C .a NAME ITEM # G/L ACCOUNT NAME DESCRIPTION 99-01350 JOHN HENDERSON I-200911102342 001-30-5240 TRAVEL EXPENS MEAL & PARKING TML C 99-08690 O'REILLY AUTO PARTS I-184846 001-30-5325 R & M MOTOR V BATTERIES #27-30 DEPARTMENT 30 STREETS PAGE: 9 BANK: POOL CHECK# AMOUNT 000000 20.38 000000 219.38 TOTAL: 239.76 11/10/2009 10:24 AM REGULAR DEPARTMENT PAYMENT REGISTER PACKET: 02728 CC PACKET VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 32 PARKS BUDGET TO USE: CB -CURRENT BUDGET V 2 NAME ITEM # G/L ACCOUNT NAME DESCRIPTION 99-00790 COUNTY BUILDERS SUPPLY, I-10024491 001-32-5343 SPORTS FIELD SCOREBOARD PARTS I-10024493 001-32-5343 SPORTS FIELD SCOREBOARD PARTS 99-08690 O'REILLY AUTO PARTS I-182906 001-32-5325 R & M MOTOR V HEADLIGHT I-183681 001-32-5325 R & M MOTOR V FUEL CAP 99-20410 CARE NOW CORPORATE I-834402 001-32-5180 MEDICAL/PHYSI D/S STANDARD 10 PANE DEPARTMENT 32 PARKS PAGE: 10 BANK: POOL CHECK# -------------- AMOUNT 000000 24.67 000000 6.99 000000 16.02 000000 10.31 000000 70.00 TOTAL: 127.99 11/10/2009 10:24 AM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 11 PACKET: 02728 CC PACKET VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 36 FLEET SERVICES BANK: POOL BUDGET TO USE: CB -CURRENT BUDGET NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-08690 O'REILLY AUTO PARTS I-184363 001-36-5252 MECHANIC SUPP TURN&STOP LIGHT BULB 000000 7.32 I-186627 001-36-5250 TOOLS & EQUIP GEAR PULLER SET 000000 5.50 99-18190 DEPARTMENT OF INFORMATI I-10090910T 001-36-5510 TELEPHONE SER LONG DISTANCE SEPT 0 000000 1.74 99-18340 FIRST ADVANTAGE BACKGRO I-7750YD0909 001-36-5182 BACKGROUND CH ROBERT ERVIN 000000 104.50 DEPARTMENT 36 FLEET SERVICES TOTAL: 119.06 PAGE: 12 11/10/2009 10:24 AM REGULAR DEPARTMENT PAYMENT REGISTER PACKET: 02728 CC PACKET VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 42 LIBRARY BUDGET TO USE: CB -CURRENT BUDGET ;R NAME ITEM # G/L ACCOUNT NAME 99-02170 REINERT PAPER & CHEMICA I-241506 001-42-5245 99-1 MISC. VENDOR BANK: POOL DESCRIPTION CHECK# JANITORIAL SU T041ELS 000000 JANITORIAL SU BATHROOM CLEANER 000000 JANITORIAL SU DISINFECTANT 000000 JANITORIAL SU GLASS CLEANER 000000 JANITORIAL SU HAND SOAP 000000 JANITORIAL SU FUEL S/C 000000 AMOUNT 32.74 AMOUNT 32.74 9.62 11.78 7.64 12.30 2.00 BANGER HIGH SCHOOL I-200911102334 001-42-5270 PROGRAMS AND POINSETTIAS 000000 40.00 99-11820 STEWART ORGANIZATION I-118234 001-42-5332 OFFICE MACHIN COPIER LEASE 000000 34.77 99-18190 DEPARTMENT OF INFORMATI I-10090910T 001-42-5510 TELEPHONE SER LONG DISTANCE SEPT 0 000000 1.61 99-21290 SPEED OF LIGHT BROADBAN I-43399 001-42-5270 PROGRAMS AND SURGE PROTECTOR 000000 29.95 DEPARTMENT 42 LIBRARY TOTAL: 177.41 FUND 001 GENERAL FUND TOTAL: 81261,13 11/10/2009 10:24 AM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 13 PACKET: 02728 CC PACKET VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 15 ADMINISTRATION BANK: POOL BUDGET TO USE: CB -CURRENT BUDGET C R NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-02740 TMCA, INC. I-200911042315 008-15-5235 DUES & REGIST 2010 MEMBERSHIP 000000 42.50 99-18190 DEPARTMENT OF INFORMATI I-10090910T 008-15-5510 TELEPHONE SER LONG DISTANCE SEPT 0 000000 9.39 99-20190 AULDRIDGE GRIFFIN I-26194 008-15-5425 LEGAL SERVICE 9/30/09 FINANCIAL ST 000000 1,500.00 I-26324 008-15-5415 ACCOUNTING S PROGRESS BILLING 9/3 000000 1,250.00 99-20710 CHERYL HAZWLWOOD-ESTES I-510 008-15-5415 ACCOUNTING S OCT 09 000000 21661,94 DEPARTMENT 15 ADMINISTRATION TOTAL: 5,463.83 11/10/2009 10:24 AM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 14 PACKET: 02728 CC PACKET VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 18 PUBLIC WORKS ADMIN. BANK: POOL BUDGET TO USE: CB -CURRENT BUDGET %""R NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-18190 DEPARTMENT OF INFORMATI I-10090910T 008-18-5510 TELEPHONE SER LONG DISTANCE SEPT 0 000000 3.29 DEPARTMENT 18 PUBLIC V7ORKS ADMIN. TOTAL: 3.29 11/10/2009 10:24 AM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 15 PACKET: 02728 CC PACKET VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 19 DATA PROCESSING BANK: POOL BUDGET TO USE: CB -CURRENT BUDGET R NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-11170 RICOH AMERICAS CORP:QDS I-15513188 008-19-5332 OFFICE MACHIN COPIER 000000 227.71 99-18190 DEPARTMENT OF INFORMATI I-10090910T 008-19-5510 TELEPHONE LONG DISTANCE SEPT 0 000000 18.79 99-19260 TYLER TECHNOLOGIES I-83139 008-19-5430 PROFESSIONAL ANNUAL CUSTOM PROGRAMMING 000000 109.00 DEPARTMENT 19 DATA PROCESSING TOTAL: 355.50 11/10/2009 10:24 AM PACKET: 02728 CC PACKET VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 36 FLEET SERVICES BUDGET TO USE: CB —CURRENT BUDGET sR NAME ITEM # 99-08690 --------------------------- O'REILLY AUTO PARTS I-184363 I-186627 99-18190 DEPARTMENT OF INFORMATI I-10090910T 99-18340 FIRST ADVANTAGE BACKGRO I-7750YD0909 REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 16 BANK: POOL G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 008-36-5252 MECHANIC SUPP TURN&STOP LIGHT BULB 000000 7.32 008-36-5250 TOOLS & EQUIP GEAR PULLER SET 000000 5.49 008-36-5510 TELEPHONE SER LONG DISTANCE SEPT 0 000000 1.74 008-36-5182 BACKGROUND CH ROBERT ERVIN 000000 104.50 DEPARTMENT 36 FLEET SERVICES TOTAL: 119.05 11/10/2009 10:24 AM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 17 PACKET: 02728 CC PACKET VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 50 WATER BANK: POOL BUDGET TO USE: CB -CURRENT BUDGET -R NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-08690 O'REILLY AUTO PARTS I-184841 008-50-5325 R & M MOTOR V BATTERY UNIT #37-50 000000 169.99 I-186615 008-50-5325 R & M MOTOR V SENSORS,GASKET 000000 165.90 99-10730 MABAK DIRECTIONAL DRILL I-3144 008-50-5358 WATER MAIN AP 511 OAK 000000 200.00 99-19460 TCI TIRE CENTERS I-6270003051 008-50-5325 R & M MOTOR V 6 TIRES UNIT # 25-50 000000 528.00 99-20410 CARE NOW CORPORATE I-834402 008-50-5180 MEDICAL/PHYSI D/S STANDARD 10 PANE 000000 70.00 DEPARTMENT 50 [•LATER TOTAL: 1,133.89 11/10/2009 10:24 AM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 18 PACKET: 02728 CC PACKET VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 54 WASTE WATER TREATMENT BANK: POOL BUDGET TO USE: CB -CURRENT BUDGET R NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-08210 KWIK KAR I-87818 008-54-5325 R & M MOTOR V INSPECTION UNIT # 46 000000 39.75 99-11030 TCEQ I-200911102335 008-54-5335 PERMIT FEES ANNUAL WWTP PERMIT 000000 4,148.00 I-200911102336 008-54-5335 PERMIT FEES ANNUAL PERMIT #01437 000000 2,172.50 99-18190 DEPARTMENT OF INFORMATI I-10090910T 008-54-5510 TELEPHONE SER LONG DISTANCE SEPT 0 000000 0.82 DEPARTMENT 54 WASTE WATER TREATMENT TOTAL: 61361.07 11/10/2009 10:24 AM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 19 PACKET: 02728 CC PACKET VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 58 ELECTRIC DEPARTMENT BANK: POOL BUDGET TO USE: CB -CURRENT BUDGET R NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-01570 LOWE'S COMPANIES, INC. I-67819 008-58-5310 R & M BUILDIN DOOR MAT 000000 29.96 I-67819 008-58-5310 R & M BUILDIN A/C SUPPLIES 000000 200.00 99-02170 REINERT PAPER & CHEMICA I-240735 I-240735 I-240735 I-241170 I-241170 99-02690 TECHLINE, INC. I-1443455-00 I-1443457 I-1443500 99-09160 COMET CLEANERS I-200911102340 99-08690 O'REILLY AUTO PARTS I-184837 99-08870 NORTHERN TOOL I-20731235 I-20731235 99-16910 TRI-COUNTY MATERIALS & I-2131 99-17640 DOLLAR GENERAL - CHARGE I-2009-10-27 I-2009-10-27 99-18190 DEPARTMENT OF INFORMATI I-10090910T 99-21220 IRBY TOOL & SAFETY I-S005016574.001 I-S005016574.002 008-58-5295 JANITORIAL SU MOP HEADS 000000 25.69 008-58-5245 JANITORIAL SU HANDLE 000000 6.45 008-58-5245 JANITORIAL SU FRAME 000000 12.23 00B-58-5245 JANITORIAL SU FLOOR CLEANER 000000 23.56 008-58-5245 JANITORIAL SU FUEL SC 000000 2.00 008-58-5365 TRANSFORMERS 25KVA TRANSFORMERS P 000000 1,650.00 008-58-6180 ELECTRIC SYST CLUSTER MOUNT 000000 107.80 008-58-6180 ELECTRIC SYST 4/0 QUADROPLEX WIRE 000000 558.70 008-58-5255 WEARING APPAR SEPT - OCT 09 CLEANI 000000 78.75 008-58-5325 R & M MOTOR V BATTERIES # 16-58 000000 339.98 008-58-5250 TOOLS & EQUIP LADDER 000000 699.99 008-58-5250 TOOLS & EQUIP SHIPPING 000000 103.42 008-58-5310 R & M BUILDIN 1" ROCK FOR YARD 000000 608.05 008-58-5215 FOOD BLEACH,PAPER TOWELS,SUGAR 000000 14.75 00B-58-5245 JANITORIAL SU BLEACH,PAPER TOWELS 000000 23.00 00B-58-5510 TELEPHONE SER LONG DISTANCE SEPT 0 000000 3.14 008-58-5360 SYSTEM MAINTE 1/2X7 MACHINE BOLTS 000000 23.75 008-58-5360 SYSTEM MAINTE 3/8X4.5 CARRIAGE BOL 000000 19.75 DEPARTMENT 58 ELECTRIC DEPARTMENT TOTAL: 4,525.92 FUND 008 ENTERPRISE FUND TOTAL: 17,962.55 REPORT GRAND TOTAL: 26,223.68 COUNCIL AGENDA ITEM AGENDA TYPE ❑ Regular ❑ Special Consent Reviewed by Finance ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes ❑ Not Applicable ❑ Yes 0 Not Applicable Council Meeting Date: November 16, 2009 Submitted By: Mike Brice City Manager Reviewed/Approval Initials Date ACTION REQUESTED: [']ORDINANCE ❑ RESOLUTION ❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ REAPPOINTMENTS AGENDA CAPTION Approve Interlocal Agreement with Denton County for Rehabilitation of Metz 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 The Metz Road project will consist of overlaying Metz Road from FM 455 to Belz Road. The entire cost will be absorbed by the County even though part of the roadway is in the City limits. STAFF OPTIONS & RECOMMENDATION Staff recommends approval. List of Supporting Documents/Exhibits Attached: Interlocal Agreement. Prior Action/Review by Council, Boards, Commissions or Other Agencies: 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 duly 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 for the purpose of providing for improvements consisting of a one inch level up and a two inch overlay to a portion of Metz Road from the F.M. 455 right-of-way to the municipal limits, for a distance of approximately 540 linear feet, located within the municipal limits of the City and Denton County Commissioner Precinct #l, 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: City of Sanger — ICA —Metz Road Page 1 of 6 WITNESSETH: 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 providing a one inch level up and a two inch overlay to a portion of Metz Road from the F.M. 455 right-of-way to the municipal limits, for a distance of approximately 540 linear feet. The County agrees to provide a one inch level up and a two inch overlay to a portion of Metz Road from the F.M. 455 right -of --way to the municipal limits, for a distance of approximately 540 linear feet. j inspections of the Proect. IV. In addition, the County will provide all The City hereby agrees to allow the County to perform all work on the Project within the municipal limits of the City. V. 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 County money to finance the construction, improvement, maintenance or repair of a street or alley in the County that is located in the City. VI. 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 undel 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 City of Sanger — ICA —Metz Road Page 2 of 6 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 County shall pay all approved invoices submitted up to and including the date of termination. VII. 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 Joe Higgs Mayor of the City of Sanger, Texas P.O. Box 1729 Sanger, Texas 76266 Copy To: Mike Brice, City Manager City of Sanger P.O. Box 1729 Sanger, Texas 76266 For County: Honorable Mary Horn Denton County Judge 110 West Hickory Denton, Texas 76201 Copy To: Denton County Criminal District Attorneys Office Civil Division 1450 East McKinney Street, Suite 3100 Denton, Texas 76209 VIII. 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. City of Sanger — ICA —Metz Road Page 3 of 6 IX. 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. X. 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. XI. The County agrees to accept full 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. XIL The City agrees to accept full 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. This Agreement is not intended to extend the liability of the Parties beyond that provided 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. XIV. 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 shall remain valid and in full force and effect to the fullest extent possible. XV. 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. City of Sanger — ICA —Metz Road Page 4 of 6 XVIt 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. 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 of the Denton County Commissioners Court ATTEST: By: Denton County Clerk APPROVED AS TO FORM: By: Assistant District Attorney day of , 2009. CITY OF SANGER, TEXAS P.O. Box 1729 Sanger, Texas 76266 By: Honorable Joe Higgs 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 City of Sanger — ICA —Metz Road Page 5 of 6 Denton County, Texas, acting by and through the Denton County Commissioners Court, having been advised of the Project, 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: a one inch level up and a two inch overlay to a portion of Metz Road from the F.M. 455 right-of-way to the municipal limits, for a distance of approximately 540 linear feet, located within the municipal limits of the City of Sanger, Texas, and Denton County Commissioner Precinct 91. 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: Bv: Presiding Officer of the Denton County Commissioners Court City of Sanger — ICA —Metz Road Page 6 of 6 -�ngeh TEXAS 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, November 16, 2009 Submitted By: Mike Brice City Manager Reviewed/Approval Initials - Date ACTION REQUESTED: ❑ORDINANCE ❑ RESOLUTION APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ REAPPOINTMENTS AGENDA CAPTION Approve Auldridge Griffin, Certified Public Accountants, to Perform Audit for the Year Ending September 30, 2009. 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 is the engagement letter for this year's audit services. They have already completed some pre -audit work and should be back around the first of the year to complete the audit. STAFF OPTIONS & RECOMMENDATION Staff recommends approval. List of Supporting Documents/Exhibits Attached: Letter of Agreement. Prior Action/Review by Council, Boards, Commissions or Other Agencies: Jack L Auldridge,Jr., CPA Michael D. Dunlap, CPA LL Michael W. Griffin, CPA Karen O. Thompson • CPA Auldridge.Griffim, W.L. "Woody" Mathews,Jr., CPA Kenneth W, Sanders, CPA Kenneth L von_Tungeln, CPA Certified Public .A[ccountants Keith A.Hollar,CPA A Professional CorPoratiori October 28, 2009 Honorable Mayor and City Council City of Sanger, Texas We are pleased to confn�n our understanding o£ the services we are to provide the City o£ Sanger, Texas (the City) for the year ended September 30, 2009. We will audit the financial statements of the governmental activities, the businessAype activities, the aggregate discretely presented component units, each major fund, and the aggregate remaining fund information, which collectively comprise the basic financial statements, of the City as of and for the year ended September 30, 2009. Accounting standards generally accepted in the United States provide for certain required supplementary information (RSI), such as Management's Discussion and :Analysis (MD&A), to accompany the City's basic financial statements. As part of our engagement, we will apply certain limited procedures to the City's RSI. These limited procedures will consist principally of inquiries of management regarding the methods of measurement and presentation, which management is responsible for affirming to us in its representation letter. Unless we encounter problems with the presentation of the RSI or with procedures relating to it, we will disclaim an opinion on it. The City's RSI, as applicable, is required by generally accepted accounting principles and will be subjected to certain limited procedures, but will not be audited. Supplementary information other than RSI may also accompany the City's basic financial statements. We will subject the supplementary information, as applicable, to the auditing procedures applied in our audit of the basic financial statements and will provide an opinion on it in relation to the basic financial statements. Audit Objectives The objective of our audit is the expression of opinion as to whether your basic financial statements are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles and to report on the fairness of the additional information referred to above when considered in relation to the basic financial statements taken as a whole. Our audit will be conducted in accordance with generally accepted auditing standards established by the Auditing Standards Board (United States) and the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, and will include tests of the accounting records of the City and other procedures we consider necessary to enable us to express such opinion. If our opinion on the financial statements is other than unqualified, we will fully discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed an opinion, we may decline to express an opinion or to issue a report as a result of this engagement. We will also provide a report (that does not include an opinion) on internal controls related to the City's financial statements and compliance with laws, regulations, and the provisions of contracts or grant agreements, noncompliance with which could have a material effect on the financial statements as required by Government Auditing Standards. The report on internal controls and compliance will include a statement that the report is intended solely for the information and use of management, the body or 6300 %tidglea Place, Suite 810 • Forr Worth, TX 76116 J Phone: 81.7.558.4000 www.auldridge.cOm 18l S. �V'estmeadow Drive, Suite 20Q •Cleburne, TX 76033 � Phone: 81?.64I.I000 City of Sanger, Texas October 29, 2009 individuals charged with governance, others within the entity, and specific legislative or regulatory bodies and is not intended to be, and should not be, used by anyone other than these specified parties. if during our audit we become aware that the City is subject to an audit requirement that is not encompassed in the terms of this engagement, we will communicate to management and those charged with governance that an audit in accordance with U.S. generally accepted auditing standards and the standards for financial audits contained in Government Auditing Standards may not satisfy the relevant legal, regulatory, or contractual requirements. The report on internal control and compliance will include a statement that the report is intended solely for the information and use of management, the body or individuals charged with governance, others within the entity, and specific legislative or regulatory bodies, and is not intended to be and should not be used by anyone other than these specified parties. Management Responsibilities Management is responsible for the basic financial statements and all accompanying information as well as all representations contained therein. As part of the audit, we will prepare a draft of your financial statements and related notes. You are responsible for making all management decisions and performing all management functions relating to the financial statements and related notes, and for accepting full responsibility for such decisions. You will be required to acknowledge in the management representation letter that you have reviewed and approved the financial statements and related notes prior to their issuance, and have accepted responsibility for them. Further, you are required to designate an individual with suitable skill, knowledge, or experience to oversee any nonaudit services we provide and for evaluating the adequacy and results of those services and accepting responsibility for them. Management is responsible for establishing and maintaining internal controls, including monitoring ongoing activities for the selection and application of accounting principles, for the fair presentation in the financial statements of the respective financial position of the governmental activities, the businessAype activities, each major fund, and the aggregate remaining fund information of the City and the respective changes in financial position and cash flows, where applicable, in conformity with U.S. generally accepted accounting principles. Management is also responsible for making all financial records and related information- available to us and for the accuracy and completeness of that information. Your responsibilities include adjusting the financial statements to correct material misstatements and confirming to us in the representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for infomning us about all known or suspected fraud or illegal acts affecfing the government involving management, employees who have significant roles in internal control, and others where the fraud or illegal acts could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, grantors, regulators, or others. in addition, you are responsible for identifying and ensuring that the entity complies with applicable laws, regulations, contracts, agreements, and grants, and for taking timely and appropriate steps to remedy any fraud, illegal acts, violations of contracts or grant agreements, or abuse that we may report. i►a City of Sanger, Texas October 28, 2009 Management is responsible for establishing and maintaining a process for tracking the status of audit findings and recommendations. Management is also responsible for identifying for us previous audits or other engagements or studies related to the objectives discussed in the Audit Objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits or other engagements or studies. You are also responsible for providing management's views on our current findings, conclusions, and recommendations, as well as your planned corrective actions. Audit Procedures -General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. We will plan and perform the audit to obtain reasonable, rather than absolute, assurance about whether the financial statements are free of material misstatement, whether from errors, fraudulent financial reporting, misappropriation of assets, or violations of laws or governmental regulations that are attributable to the entity or to acts by management or employees acting on behalf of the entity. Because the determination of abuse is subjective, Government Auditing Standards do not expect auditors to provide reasonable assurance of detecting abuse. Because an audit is designed to provide reasonable, but not absolute assurance, and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements or noncompliance may exist and not be detected by us. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements or major programs. However, we will inform you of any material errors and any fraudulent financial reporting or misappropriation of assets that come to our attention. We will also inform you of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. Our responsibility as auditors is limited to the period covered by our audit and does not extend to any later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with third parties, funding sources, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement and they may bill you for responding to this inquiry. At the conclusion of our audit, we will require certain written representations from you about the financial statements and related matters. Audit Procedures -Internal Controls Our audit will include obtaining an understanding of the entity and its environment, including internal contrals, sufficient to assess the risks of material misstatement of the financial statements and to design the nature, timing, and extent of further audit procedures. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that. have a direct and material effect on the financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. 3 City of Sanger, Texas October 28, 2009 An audit is not designed to provide assurance on internal control or to identify significant deficiencies. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under AICPA professional standards and Government Auditing Standards, Audit Procedures -Compliance As part of obtaining reasonable assurance about whether the financial statements are free of matexial misstatement, we will perform tests of the City's compliance with applicable laws and regulations, contracts, agreements, and grants. However, the objective of those procedures will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards. Audit Administration, Fees, and Other We understand that your employees will prepare all cash, notes and bonds payable, investments, and other confirmations we may request and will locate any documents selected by us for testing. It is also our understanding that your accounting staff will prepare the City's annual financial report draft and assist us with the preparation of certain schedules and work -papers for our audit files. We will provide copies of our reports to the City; however, management is responsible £or distribution of the reports and the financial statements. Unless restricted by law or regulation, or containing privileged and confidential information, copies of our reports are to be made available for public inspection. The audit documentation for this engagement is the property of AuldridgeGriffin, P.C. and constitutes confidential information. However, pursuant to authority given by law or regulation, we may be requested to make certain audit documentation available to the U.S. Government Accountability Office or other applicable regulators for purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any such requests. If requested, access to such audit documentation will be provided under the supervision of AuldridgeGriffin, P.C. personnel. Furthermore, upon request, we may provide .copies of selected audit documentation to the aforementioned parties. These parties may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies. The audit documentation for this engagement will be retained for a minimum of five years after the report release date or for any additional period requested by governmental regulators. If we are aware That a Federal awarding agency, pass_through entity, or auditee is contesting an audit finding, we will contact any party contesting the audit finding for guidance prior to destroying the audit documentation. We expect to begin our audit procedures during October 2449 and to issue our reports no Later than February 15, 2010. If a delay is expected past February I5, 2410, the extension of time must be approved by the City. Mr. Kenneth W. Sanders is the engagement partner and will be responsible for supervising the engagement and signing the reports. For the year ended September 30, 2049, our fee for these services will be based on our standard hourly xates and is estimated to be in the range of $27,500 - $31,000, plus out of packet costs (such as report reproduction, word processing, postage, travel, copies, telephone, etc.). Our standard hourly rates vary to the degree of responsibility involved and the experience level of the personnel assigned to your audit. The above fee is based on full cooperation from both the City's staff and outside accounting contractor, and the assumption that unexpected circumstances will not be encountered during the audit. If significant LI City of Sanger, Texas October 28, 2009 additional time is encountered during the performance of our engagement, we will discuss the circumstances with you on an as -needed basis and obtain your written authorization before we incur any additional costs. Alternatively, the City could also elect to engage its outside accounting contractor to assist with unexpected issues that might arise during our audit engagement in order to minimize any potential increases in our audit fees. In accordance with our firm policies, work may he suspended if your account becomes 60 days or more overdue and may not be resumed until your account is paid in full. H we elect to terminate our services for nonpayment, our engagement will be deemed to have been completed upon written notification of terming#ion, even if we have not comple#ed our report. You will be obligated to compensate us for all time expended and to reimburse us for all out of -pocket costs through the date of termination. If the City elects to terminate the engagement, all fees for services will be due and payable through the date of termination. We appreciate the opportunity to be of service to the City of Sanger, Texas and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. if you agree with the terms of our engagement as described in this letter, please sign the enclosed Copy and return it to us. Yery truly yours, f AuldridgeGriffin, P.C. This letter correctly sets faith the understanding of the City of Sanger, Texas. By: Title: Date: 5 * A AGENDACOUNCIL ITEM ■ Workshop ■ Executive ■ Public Hearing. - L'ONot Applicable Council Meeting Date* , 1+9 Submitted By* Pennington City Manager Approval Initials AGENDA CAPTION FINANCIAL SUMMARY ❑N/A ❑GRANT FUNDS ❑OPERATING EXPENSE ®REVENUE ❑CI P []BUDGETED ❑NON -BUDGETED III I ILI01 , ,Proposed Expenditure Amount Encumbered Amount 04 UP.' ■ ■ ■ BACKGROUND/SUMMARY OF ITEM The contract is for an agreement, between the Sanger Volunteer Fire Department and the County Commissioners Office, to provide EMS Ambulance service to the unincorporated area of North Denton County. The contract pays an estimated $122,491.13 for the year of 2009-2010. STAFF OPTIONS & RECOMMENDATION List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other Agencies: THE COUNTY OF DENTON § § SANGER VOLUNTEER FIRE § DEPARTMENT —AMBULANCE § SERVICES STATE OF TEXAS § INTERLOCAL COOPERATION AGREEMENT AMBULANCE SERVICE THIS AGREEMENT is made and entered into by and between Denton County a political subdivision of the State of Texas, hereinafter referred to as "COUNTY", and the Sanger Volunteer Fire Department, anon -profit agency, located in Denton County, Texas, hereinafter referred to as "AGENCY," and has an effective date of October 1, 2009. WHEREAS, COUNTY is a duly organized political subdivision of the State of Texas engaged in the administration of county government and related services for the benefit of the citizens of Denton County; and WHEREAS, AGENCY is anon -profit agency, duly organized and operating under the laws of the State of Texas and engaged in the provision of ambulance service and related services for the benefit of the citizens of City of Sanger; and WHEREAS, AGENCY is an owner and operator of certain ambulance vehicles and other equipment designed for the transportation of persons who are sick, infirmed, or injured and has in its employ trained personnel whose duties are related to the treatment of said individuals and the use of such vehicles and equipment; and WHEREAS, COUNTY desires to obtain emergency ambulance and related services for the benefit of residents of COUNTY living in unincorporated areas of COUNTY which AGENCY is capable of providing; and WHEREAS, the provision of emergency ambulance and related services is a governmental function that serves the public health and welfare and is of mutual concern to both COUNTY and AGENCY; and WHEREAS, COUNTY desires to expend County funds to defray the expense of establishing, operating, and maintaining the emergency ambulance service in the County; and WHEREAS, COUNTY and AGENCY mutually desire to be subject to and contract pursuant to the provisions of Government Code, Chapter 791, the Interlocal Cooperation Act, and Section 774.003, Health and Safety Code, 2009-20101nterlocal Cooperation Agreement -Ambulance Services/Sanger - Page I of 7 NOW THEREFORE, COUNTY and AGENCY, in consideration of the mutual promises, covenants, and Agreements stated herein, agree as follows: I. The term of this Agreement shall be for the period of October 1, 2009 to and through September 305 2010. II. DEFINITIONS As used herein, the words and phrases hereinafter set forth shall have the meanings as follows: A. "Emergency" shall mean any circumstance that calls for immediate action and in which the element of time in transporting the sick, wounded or injured for medical treatment is essential to the health or life of a person or persons. Whether an emergency, in fact, exists is solely up to the discretion of the AGENCY. For dispatch purposes only, "emergency" shall include, but not be limited to: 1. The representation by the individual requesting ambulance service that an immediate need exists for the transportation of a person from any location within the agreed operating area of AGENCY to a place where emergency medical treatment maybe obtained; or 2. The representation by the individual requesting ambulance service that an immediate need exists for the transportation of a person from any location within the agreed operating area of AGENCY to the closest medical facility; B. "Rural area" means any area within the boundaries of COUNTY but outside the corporate limits of all incorporated cities, towns and villages within COUNTY. C. "Urban area" means any area within the corporate limits of an incorporated city, town or village within COUNTY. D. "Emergency ambulance call" means a response to a request for ambulance service by the personnel of AGENCY in a situation involving an emergency, as defined above, by an ambulance vehicle. A single response to a call may involve the transportation of more than one person at a time but shall be considered as only one call. III. SERVICES The services to be rendered under this Agreement are the ambulance services normally rendered by AGENCY to citizens of City of Sanger in circumstances of emergency but which services will now be extended to all citizens of COUNTY residing in the unincorporated areas of 2009-2010 Interlocal Cooperation Agreement -Ambulance Services/Sanger - Page 2 of 7 COUNTY within the operating territory or jurisdiction of AGENCY as agreed to by AGENCY and COUNTY in this Agreement and as set forth in Exhibit A, attached hereto and incorporated by reference. It is recognized that the officers and employees of AGENCY have the duty and responsibility of rendering ambulance services to cens of AGENCY and COUNTY. In the performance of these duties and responsibilities, it shall be within the sole responsibility and discretion of the officers and employees of AGENCY to determine priorities in the dispatching and use of such equipment and personnel and the judgment of the officer or employee shall be final. IV. PERFORMANCE OF SERVICES AGENCY shall devote sufficient time and attention to insure the performance of all duties and obligations of AGENCY under this and shall provide immediate and direct supervision of the AGENCY employees, agents, contractors, sub -contractors and/or laborers engaged in the performance of this Agreement for the mutual benefit of AGENCY and COUNTY. V. LIAISON OFFICER COUNTY shall designate the County Judge to act on behalf of COUNTY and to serve as son Officer" between COUNTY and AGENCY. The County Judge or her designated substitute shall devote sufficient time and attention to insure the performance of all duties and obligations of COUNTY under this Agreement and shall provide for the immediate and direct supervision of employees, agents, contractors, sub -contractors and/or laborers of COUNTY engaged in the performance of this Agreement. VI. COMPENSATION COUNTY agrees to pay to AGENCY an estimated fee of $122,491.13 based on a funding formula as follows: 1. A fixed sum based on a population percentage .6009 per capita; said sum computes to $ 8,13 6.70. 2. A fixed sum of $257.9365 per ambulance transport for an estimated maximum amount of $36,369.05. Said sum is based upon 141 transports made by AGENCY in fiscal year 2009. 2009-2010 Interlocal Cooperation Agreement -Ambulance Services/Sanger - Page 3 of 7 3. A fixed sum based on 119.50 rural miles in the agreed operating territory; said sum computes to $77,985.38. The first and third sums are based upon population and mileage figures obtained from the North Central Texas Council of Governments. The second sum is based upon the definition of an ambulance call for purposes of this Agreement. Payment shall not be allowed for any instance in which a patient is not transported. Consistent with the reporting procedures described below, AGENCY shall receive payment for transporting the patient regardless of the. service delivery area in which the call originated. Requests for payment shall be submitted on the standardized ambulance transportation reporting form approved and provided by COUNTY. It shall be the responsibility of AGENCY to fully complete the forms and to provide complete and accurate patient information. Requests for payment shall be submitted within five (5) days of the performance of service by AGENCY. Requests not timely submitted shall not be considered for payment. Requests for payment may be submitted by personal delivery, U.S. mail, facsimile, or computer telephone link to the office of the Denton County Fire Marshal. The date of submission shall be the date the fully .documented request is received in said office. VII. TERMINATION This Agreement maybe terminated at any time by either AGENCY or COUNTY giving sixty (60) days advance notice in writing to the other party. In the event of termination by either party, AGENCY shall be compensated pro rata for all services performed to termination date, together with reimbursable expenses authorized by this Agreement then due and owed. Should AGENCY be overcompensated on a pro rata basis for all services performed to the termination date and/or be overcompensated for reimbursable expenses, COUNTY shall be reimbursed pro rata for all such overcompensation. Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this Agreement. VIII. FINANCIAL RECORDS AGENCY agrees to make its financial records available for audit and/or review by COUNTY upon request by COUNTY. 2009-2010 Interlocal Cooperation Agreement -Ambulance Services/Sanger - Page 4 of 7 IX. RESPONSIBILITY OF COUNTY COUNTY, to the extent allowed by law, shall be responsible for the acts and negligence of all officers, employees and agents of COUNTY engaged in the performance of this Agreement. X. RESPONSIBILITY OF AGENCY AGENCY, to the extent allowed by law, shall be responsible for the acts and negligence of all officers, employees and agents of AGENCY engaged in the performance of this Agreement. XI. DEFAULT In the event of any default in any of the covenants herein contained, this Agreement may be terminated at the discretion of the non -defaulting party if such default continues for a period of ten (10) days after notice in writing to the defaulting party of such default and the intention to declare this Agreement terminated. Unless the default is cured, this Agreement shall terminate. XII. GOVERNMENTAL IMMUNITY The fact that COUNTY and AGENCY accept certain responsibilities relating to the rendering of ambulance services under this Agreement as a part of their responsibility for providing protection for the public health makes it imperative that the performance of these vital services be recognized as a governmental function and that the doctrine of governmental immunity shall be, and is hereby, invoked to the extent possible under the law. Neither AGENCY nor COUNTY waives nor shall be deemed hereby to waive any immunity or defense that would otherwise be available to it against claims arising from the exercise of governmental powers and functions. XIV. ENTIRE AGREEMENT This Agreement represents the entire and integrated Agreement between AGENCY and COUNTY and supersedes all prior negotiations, representations and/or Agreements, either written or oral.. This Agreement may be amended only by written instrument signed by both parties. 2009-2010 Interlocal Cooperation Agreement -Ambulance Services/Sanger - Page 5 of 7 XV. LAW OF CONTRACT This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. The venue of any dispute or matter arising under this Agreement shall lie in Denton County, XVI. SEVERABILITY In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent AGENCY and COUNTY that the remaining portions shall remain valid and in full force and effect to the extent possible. XVII. AUTHORITY The undersigned officer and/or agents of are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of AGENCY and COUNTY. EXECUTED in triplicate originals on the dates set forth below. COUNTY: Denton County, Texas 110 West Hickory Denton, Texas 76201 By: Mary Horn Denton County Judge Acting on behalf of and by the authority of Denton County Commissioners Court of Denton, Texas DATED: ATTEST: BY: BY: Denton County Clerk AGENCY: Sanger Volunteer Fire Department City of Sanger P.O. Box 1729 Sanger, Texas 76266 Name Title Acting on behalf of and by the authority of the Sanger Volunteer Fire Department DATED: APPROVED AS TO CONTENT: BY: Denton County Fire Marshal Assistant District Attorney 2009-2010 Interlocal Cooperation Agreement -Ambulance Services/Sanger - Page 6 of 7 AUDITOR'S CERTIFICATE I hereby certify that funds are available in the amount of $ accomplish and pay the obligation of Denton County under this Contract/Agreement. James Wells, Denton County Auditor f� 2009-2010 Interlocal Cooperation Agreement -Ambulance Services/Sanger - Page 7 of 7 *ii {{ e tDco Q V •.Qtrr3a.•r' too « S o C S m A d ° a , g (0 L ow 3 �3 1 I7 ((p P!0jN so *pie ow _pmas I '%:�:•:S�dp�1 •am newme no aMommom nn :::��i`� II i AGENDA TYPE L Regular ❑ Special ® Consent ❑ Workshop ❑ Executive ❑ Public Hearing Council Meeting Date: 11-16-2009 Reviewed by Finance ❑Yes Reviewed by Legal Yes Iiiiiiii Submitted By: Pennington Not Applicable Not Applicable CHANGE ORDER r' AGREEMENT El APPROVAL OF BID F AWARD OF CONTRACT ■CONSENSUS■ OTHER AGENDA CAPTION FINANCIAL SUMMARY ❑N/A ❑GRANT FUNDS ❑OPERATING EXPENSE ®REVENUE ❑CI P ❑BUDGETED ANON -BUDGETED .. �.TA ►. all I . , froposed El. mount Encumbered • _,■! ■ BACKGROUND/SUMMARY OF ITEM The contract is for an agreement, between the Sanger Volunteer Fire Department and the County Commissioners Office, to provide fire protection to the unincorporated area of North Denton County. The contract pays an estimated $136,000.00 for the year of 2009-2010. NINE 0! iii!ll!llliiilllllll !I; OPINIONS III; iiiiiiiiiiiii Ili iiiiiii MEN STAFF OPTIONS & RECOMMENDATION List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other Agencies: THE COUNTY OF DENTON § STATE OF TEXAS § SANGER VOLUNTEER FIRE DEPARTMENT INTERLOCAL COOPERATION AGREEMENT FIRE PROTECTION SERVICES THIS AGREEMENT is made and entered into by and between Denton County, a political subdivision of the State of Texas, hereinafter referred to as "COUNTY" and the Sanger Volunteer Fire Department, a non-profit agency, located in Denton County, Texas, hereinafter referred to as "AGENCY," and has an effective date of October 1, 2009. WHEREAS, COUNTY is a duly organized political subdivision of the State of Texas engaged in the administration of county government and related services for the benefit of the citizens of Denton County; and WHEREAS, AGENCY is anon -profit agency, duly organized and operating under the laws of the State of Texas and is engaged in the provision of fire protection services and related services for the benefit of the citizens of Sanger; and WHEREAS, AGENCY is the owner and operator of certain fire protection vehicles and other equipment designed for the extinguishing of fire and prevention of damage to property and injury to persons from fire and has in its employ trained personnel whose duties are related to the use of such vehicles and equipment; and WHEREAS, COUNTY and AGENCY mutually desire to be subject to and contract pursuant to the provisions of Government Code, Chapter 791, the Interlocal Cooperation Act, and Chapter 352 of the Local Government Code, NOW, THEREFORE, COUNTY and AGENCY, for the mutual promises, covenants, Agreements and consideration stated herein, agree as follows: I. TERM The term of this Agreement shall be for the period of October 1, 2009 to and through September 30, 2010. II. SERVICES The services to be rendered in accordance with this Agreement by AGENCY are the fire protection services normally rendered by AGENCY to citizens of Sanger but which services will now be extended to all citizens of COUNTY residing in the unincorporated areas of COUNTY 2009 — 2010 Interlocal Cooperation Agreement— Fire Protection Services/Sanger - Page I of 6 within the operating territory or jurisdiction of AGENCY as agreed to by AGENCY and COUNTY in this Agreement and as set forth in Exhibit A. These services are rendered in consideration of the basic funding and the separate per call fee set forth in this Agreement; for the common good and benefit; and to serve the public convenience and necessity of the citizens of COUNTY who are not otherwise protected with respect to fire prevention, extinguishment, safety, and rescue services. The services to be rendered are as follows: A. AGENCY shall make available and provide emergency fire prevention, extinguishment, safety and rescue services within the agreed or specified territory or jurisdiction of the AGENCY; B. AGENCY shall respond to requests for fire protection services made within the portion of the COUNTY designated as "Sanger" as set out in Exhibit "A" attached hereto and incorporated by reference. C. COUNTY agrees that, in the event a fire in the AGENCY'S unincorporated designated area which AGENCY considers to be of incendiary nature and upon request by AGENCY, the County Fire Marshal will dispatch investigation personnel to the fire scene within a response time sufficient to legally maintain and protect all evidence of said fire and will conduct all appropriate investigation and assist in the prosecution of any case of arson. AGENCY shall not be responsible for investigations of suspected incendiary fires in the unincorporated areas, but shall cooperate with the County Fire Marshal in immediately relating all pertinent information possible to the investigator(s). D. COUNTY agrees that the County Fire Marshal may assist in the conduct of appropriate investigations of a fire which AGENCY considers to be of incendiary nature in the AGENCY's incorporated designated area upon request by AGENCY. E. AGENCY shall submit monthly statements on the Texas Fire Incident Reporting System's standardized forms to the Denton County Fire Marshal, 9060 Teasley Lane, Denton, Texas 762104010. This form will serve as the billing statement to COUNTY for reimbursement of calls made in the unincorporated designated area. The Denton County Fire Marshal shall provide the forms upon request from AGENCY. F. AGENCY, in the performance of its duties and responsibilities under this Agreement, shall have the responsibility, within the sole discretion of the officers and employees of AGENCY except as otherwise determined by the Denton County Fire Marshal, to determine priorities in the dispatching and use of AGENCY equipment and personnel, and the judgment of any such officer or employee as to any such matter shall be the final determination. 2009 — 20 t 0 Interlocal Cooperation Agreement —Fire Protection Services/Sanger - Page 2 of 6 III. LIASON OFFICER COUNTY shall designate the County Judge to act on behalf of COUNTY and to serve as "Liaison Officer" between COUNTY and AGENCY, The County Judge or her designated substitute shall devote sufficient time and attention to this Agreement to insure the performance of all duties and obligations of COUNTY and provide supervision of COUNTY's employees, agents, contractors, sub -contractors and/or laborers engaged in the performance of this Agreement for the mutual benefit of COUNTY and AGENCY. IV. PERFORMANCE OF SERVICE AGENCY shall devote sufficient time and attention to insure the performance of ail duties and obligations of AGENCY under this Agreement and shall provide immediate and direct supervision of the AGENCY employees, agents, contractors, sub -contractors and/or laborers engaged in the performance of this Agreement for the mutual benefit of AGENCY and COUNTY. V. COMPENSATION COUNTY agrees to pay to AGENCY for the full performance of services as provided in this Agreement the sum of TEN THOUSAND AND NO/100THS DOLLARS ($10,000.00), payable upon execution of this Agreement, and the further sum of FOUR HUNDRED AND NO DOLLARS ($400.00) per fire call in the designated unincorporated areas of COUNTY from October 1, 2009 to September 30, 2010. COUNTY anticipates AGENCY to run approximately 315 fire calls for a total funding of $126,000.00 for fire calls. The total payments by COUNTY to AGENCY pursuant to this Agreement, are estimated to be $136,000.00. COUNTY will make no payment to AGENCY for service provided outside the agreed service district whether by mutual aid Agreement or otherwise. AGENCY understands and agrees that payment by the COUNTY to AGENCY shall be made in accordance with the normal and customary processes and business procedures of COUNTY and in conformance with applicable state law. VI. FINANCIAL RECORDS AGENCY agrees to make available its financial records for audit and/or review as may requested or required by COUNTY. 2009 — 2010 Interlocal Cooperation Agreement —Fire Protection Services/Sanger - Page 3 of 6 VII. RESPONSIBILITY OF COUNTY COUNTY, to the extent allowed by law, shall be responsible for the acts, negligence, and/or omissions of all officers, employees, and agents of COUNTY while engaged in the performance of this Agreement. VIII. RESPONSIBILITY OF AGENCY AGENCY, to the extent allowed by law, shall be responsible for the acts, negligence, and/or omissions of all officers, employees, and agents of AGENCY while engaging in the performance of this Agreement. IX. APPLICABLE LAW COUNTY and AGENCY understand and agree that liability under this contract is governed by V.T.C.A. Government Code Chapter 791 and V.T.C.A. Local Government Code Chapter 352. This Agreement is made in contemplation of the applicability of these laws to the Agreement. Insofar as legally possible COUNTY and AGENCY agree to be bound by the above mentioned statutes as they exist as of the date of this Agreement. X. DEFAULT In the event of any default in any of the covenants herein contained, this Agreement may be forfeited and terminated at either patty's discretion if such default continues for a period often (10) days after notice to the other party in writing of such default and intention to declare this Agreement terminated. Unless the default is cured as aforesaid, this Agreement shall terminate as if that were the day originally fixed herein for the expiration of the Agreement. XI. TERMINATION This Agreement may be terminated any time, by either party giving sixty (60) days advance written notice to the other party. In the event of such termination by either party, AGENCY shall be compensated pro rata for all services performed to termination date, together with reimbursable expenses then due and as authorized by this Agreement. In the event of such termination, should AGENCY be overcompensated on a pro rata basis for all services performed to termination date, and/or be overcompensated reimbursable expenses as authorized by this Agreement, COUNTY shall be reimbursed pro rata for all such overcompensation. Acceptance 2009 — 2010 Interlocal Cooperation Agreement —Fire Protection Services/Sanger- Page 4 of 6 A such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this Agreement. XII. GOVERNMENTAL IMMUNITY The fact that COUNTY and AGENCY accept certain responsibilities relating to the rendition of fire protection services under this Agreement as a part of their responsibility for providing protection for the public health makes it imperative that the performance of these vital services be recognized as a governmental function and that the doctrine of governmental immunity shall be and it is hereby invoked to the extent possible under the law. Neither AGENCY nor COUNTY waives nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising from the exercise of government powers and functions. XIII. ENTIRE AGREEMENT This Agreement represents the entire and integrated Agreement between AGENCY and COUNTY and supersedes all prior negotiations, representations and/or Agreements, either written or oral. This Agreement may be amended only by written instrument signed by both AGENCY and COUNTY. XIV.• LAW OF CONTRACT This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. The venue of any dispute or matter arising under this Agreement shall lie in Denton County. XV. SEVERABILITY 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 shall remain valid and in full force and effect to the extent possible. XVI. AUTHORITY The undersigned officer 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 2009 - 2010 Interlocal Cooperation Agreement —Fire Protection Services/Sanger - Page 5 of 6 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. XVII. SERVICE AREA Acceptance of this Agreement constitutes approval of the service area set out in attached Exhibit "A" EXECUTED in triplicate originals on the dates set forth below. COUNTY Denton County, Texas 110 West Hickory Denton, Texas 76201 Mary Horn Denton County Judge Acting on behalf of and by the authority of Denton County Commissioners Court of Denton County, Texas DATED: ATTEST: BY: Denton County Clerk APPROVED AS TO FORM: BY: Assistant District Attorney AGENCY Sanger Volunteer Fire Department P.O. Box 1729 Sanger, Texas 76266 By _ Name Fire Chief Acting on behalf of and by the authority of the Sanger Volunteer Fire Department DATED: APPROVED AS TO CONSENT: BY: Denton County Fire Marshall AUDITOR'S CERTIFICATE I hereby certify that funds are available in the amount of $ accomplish and pay the obligation of Denton County under this Contract/Agreement. James Wells, Denton County Auditor to 2009 — 2010 Interlocal Cooperation Agreement —Fire Protection Services/Sanger - Page 6 of 6 id g a d a A sioe t a Aft II - ship �€ If g og Ff H a ;$ € kra 80� cR Z3o 3t 3 3 k �5 �Z W:j - �`WZO F. rr 1 ¢ ,.iSf BASS c � n c� u� G Mi "WHO o S p _ `� a3llil'! Oa ONOl3 of r' sr ad Oa J133d7 av3l) 1 I j Et as DYFX µme, � q Oa NVY133a3 Nl33NOa pa � Oa NVYt33aA oyyroa LL- S2 Oa U3NdvS a _GW W 3c OW !law ]a NOS3F1�lt n Oa aONJiNN uJ 3 YJ � V 6 � V CITY OF SANGER COi[.TNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Yes Not Applicable ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes Not Applicable Council Meeting Date: Submitted By: November 16, 2009 Joseph D. Iliff, AICP City Manager Reviewed/Approval Initials Date ACTION REQUESTED: ❑ORDINANCE ❑ RESOLUTION # ® APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION Consider and possibly act on the Preliminary Plat of the Porter Park Addition, being 71.692 acres in the R. A. Johnson Survey, Abstract No. 666 and the M. R. Burleson Survey, Abstract No. 71 FINANCIAL SUMMARY ®N/A [']GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CI P ❑BUDGETED ❑NON -BUDGETED BACKGROUND/SUMMARY OF ITEM The applicants, Eagle Farms Inc. and The City of Sanger 413 Economic Development Corporation, have submitted a preliminary plat for 71+ acres located on the west side of Interstate 35, north of Clear Creek. The property includes a large, unfinished structure, and several buildings currently being used as a horse stable. The property is zoned A — Agricultural District. The preliminary plat divides the property into three proposed lots and dedicates right -of --way for streets. The area to the currently occupied by the stables would be Lot 1. The unfinished structure would be Lot 2. The area to the south is mostly within the floodplain, and would be Lot 3. Proposed Lot 3 is owned by the Sanger 4B Corporation. The right-of-way would be used to extend Keaton Road to the south of its present terminus behind Clear Creek Intermediate School, and a new east -west road connecting to the Interstate 35 frontage road. STAFF OPTIONS & RECOMMENDATION The plat satisfies the requirements of the Subdivision Ordinance for preliminary plats. Staff recommends approval of the Preliminary Plat of the Porter Park Addition. List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other • Preliminary Plat of the Porter Park Addition Agencies: The Planning & Zoning Commission recommended approval of the Preliminary Plat of the Porter Park Addition 5-0) on November 9, 2009. CITY OF SANGER COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Yes ® Not Applicable ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal Yes Not Applicable Council Meeting Date: Submitted By. November 16, 2009 Joseph D. Iliff, AICP City Manager Reviewed/Approval Initials Date I/- �(� ACTION REQUESTED: ❑ORDINANCE ❑ RESOLUTION # ® APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS - ❑ OTHER AGENDA CAPTION Consider and possibly act on the Final Plat of the Porter Park Addition Phase 1, being 55.578 acres in the R. A. Johnson Survey, Abstract No. 666 and the M. R. Burleson Survey, Abstract No. 71 FINANCIAL SUMMARY ®N/A ❑GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CI P ❑BUDGETED ANON -BUDGETED BACKGROUND/SUMMARY OF ITEM The applicants, Eagle Farms Inc. and The City of Sanger 4B Economic Development Corporation, have submitted a final plat for 55+ acres located on the west side of Interstate 35, north of Clear Creek. The property includes a large, unfinished structure, and several acres within the floodplain of Clear Creek. The plat is for the first phase of the Porter Park Addition. The property is zoned A — Agricultural District. The final plat is the first phase of the Porter Park Addition. It would create two platted lots (Lots 2 & 3) and would dedicate right-of-way for the extension of Keaton Road to the south, and a new east -west street connecting to the Interstate 35. The remainder of the Preliminary Plat is Proposed Lot 1, currently occupied by a work horse stable, and will be final platted in the future as Phase 2. STAFF OPTIONS & RECOMMENDATION The plat satisfies the requirements of the Subdivision Ordinance for final plats. Staff recommends approval of the Final Plat of the Porter Park Addition Phase 1. List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other • Final Plat of the Porter Park Addition Phase 1 Agencies: The Planning & Zoning Commission recommended approval of the Final Plat of the Porter Park Addition Phase 1 (5-0) on November 9, 2009. v Rmmmcoo>m%M"Omo= aoplDto� OOKOOCK0.0 m (D : O ccc �zzwcOzOncw Q N a'u'0, o;-, OZc7-Ip prnz N :Ci�3�73>�� fi � rtN- z;urt? S-•... 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D n -' A N N N W W D N O O �+ O O O CD (fl Cfl l�J -o O O r n D S � D � n cfl n o � o � D o � �rn 0 w .� W W Z rn rn z w 0 N 0 0 cc SANGER PUBLIC LIBRARY MONTHLY REPORT OCTOBER 2009 Submitted by Victoria Elieson HIGHLIGHTS: Filed the Loan Star grant application with the State. This year the funds will be used for database cleanup of our new shared catalog. Currently there are multiple records for the same title (just about one for each library that owns it). Cleanup will make searching less annoying for the user. State funds will also be used for Summer Reading Club performers, a computer for the staff and starting a new service, downloadable audio books. The state grant will be $6211 this year. ADMINISTRATION: Automatic emailing of overdues is now functioning properly in the new system. Administration of overdues now takes about one-half the time that it did in the old system. Reconfigured the computer set up. Took the oldest, slowest computer off the network. It will be available in the children's area to play games on (no Internet access). Staff health issues continued to impact the director's ability to get her work done; however, daily functioning of the library was uninterrupted. The Interlocal Agreement with Denton County was approved. The City Council visited the Library on October 19. Started the changeover to Speed of Light as our new Internet provider. Meetings attended: North Texas Library Consortium, 10/1, via conference call Friends of the Library, 10/13 NTLC, 10/22, via conference call CIRCULATION: Took a fresh set of books to the Senior Center. PROGRAMS: Fast Food from Slow Cookers was attended by 35 people. Making Your Own Cleaning Products was attended by 12 people, but more compliments were received on this workshop than on the first. Two Knitting and Crochet workshops were held and the Book Club met. October's Storytime theme was "My Body". Weekly programs included "What My Body Can Do", "Taking Care of My Body", "When I Get Sick or Hurt" and "Exercise and Rest". Making a Dum-Dum ghost and a paper plate skeleton were very popular crafts at the final Storytime of the month. OCTOBER 2009 STATISTICS 2008 2009 BORROWER CARDS Last Month 4011 2383 New Cards 64 54 Cards reactivated 11 32 TOTAL 4086 2469 CIRCULATION Nonfiction 345 320 Fiction 761 752 Junior Fiction 103 202 Children's Books 556 639 Leased Books 174 167 Interlibrary Loan 19 20 Spanish Materials 20 2 Audio Books 92 125 Music CDs 23 65 Video Materials 546 697 Equipment 1 30 Crystal 1 TOTAL CIRCULATION 2640 3020 INTERNET USERS 942 1041 PROGRAMS Children's Programs 9 7 Children Attending 97 54 Adults Attending 43 23 Other Programs 4 5 Number Attending 22 56 VOLUNTEERS Number of Adults 10 6 Number of Juniors 2 2 Number of Hours 69 64 COLLECTION Books 15241 15531 Leased Books 175 171 Paperback Fiction 2516 2403 Audio Books 599 581 Music CDs 408 392 CD-ROM 200 197 Videocassettes 899 907 DVD 511 603 Microfilm 77 79 Equipment 4 4 TOTAL COLLECTION 20630 20868 REVENUE Fines $197.90 $160.05 Copies $122.65 $155.00 ILL Postage $24.64 $30.40 New Cards $0.25 $2.25 Lost Materials $5.99 $68.99 TOTAL $351043 $416.69 L LTck ( %Cc c4f �2 $)4-ir (� Fast Food with Slow Cookers program available October 15 at Public Library BY Lynne S. Smiland No matter how busy life gets, with work, family, school with its accompanying activities, church, and all the obligations and joys of life, an eternal and often troublesome question remains —What is for dinner? Fast food can be the answer at times, especially on those particularly hectic days, but it is possible to produce healthy, delicious meals quickly at home, and the Sanger Public Library is here to help that happen. Thursday, October 15, at 7 p.m., the library will host Stephanie Besier, of the Texas Agrilife Extension Service, who will present a free program called "Fast Food with Slow Cookers". Ms. Besier is a Denton County Extension Agent specializing in Family and Consumer Sciences, focusing on ways to enhance the quality of life for individuals and families. Starting even part of a meal in the slow cooker in the morning, she explains, can greatly reduce meal preparation time in the evening. And, often that start can be done in 5 or 10 Starting even part of a meal in the slow cooker in the morning can greatly reduce meal preparation time in the evening minutes, so as not to further burden that early morning rush out the door. Ms. Besier will bring a variety of recipes tailored for speed and convenience, as well as nutrition. Samples of dishes she has prepared in the slow cooker will be provided, so attendees can verify that taste is not sacrificed for the sake of quickness. In addition, she will explain how to adapt more time- consuming recipes to the slow cooker, in order to still enjoy family favorites, yet cut down on preparation time. To learn how to make mealtimes easier on the busy cook, taste test some delicious recipes, and be eligible for the free slow cooker that will be given as a door prize, plan to attend "Fast Food with Slow Cookers" on the 15'h, at 7 p.m., at Sanger Public Library. Library programs are free. For more information, or to reserve a spot, phone the library at 458-3257, or come by 501 Bolivar Street. Ms. Besier is also available for questions, at 349-2888. c)L. r �,-,- Fast Food with Slow Cookers program available October 15 at Public Library BANGER P UBLIC LIBRARY BOOK REVIEW How to Build a Dinosaur BY Lynne S. 5ariland Could the book "Jurassic Park" and subsequent series of films, with the premise of re-creating dinosaurs by har- vesting their ancient DNA from fossil remains, ever come true? Could we take our children or grandchildren to see real dinosaurs in some version of a zoo'? Or does extinct really mean gone forever? An interesting new book by Jack Horner, the noted paleontologist who served as scientific advisor to the film series, explores these issues and more. In "How to Build a Dinosaur", Horner explains that while our fascination with DNA makes it fairly believable to imag- ine growing dinosaurs from remnants of genetic material, that is probably impossible for a variety of reasons. It is much more feasible, he says, to fo- cus on developmental biology at the molecular level to see exactly when and where evolutionary -type changes occur and how to stop them, sort of rewind- ing evolution. Chickens, he claims, are the perfect test subject. Birds are often described as avian dinosaurs by scientists, and chicken embryos have been well stud- ied since Aristotle,s day and are easily obtainable. No matter how busy life gets, with work, family, school with its accompanying activities, church, and all the obligations and joys of life, an eternal and often troublesome question remains —What is for dinner? Thursday, October 15, at 7 p.m., the library will host Stephanie Besier, of the Texas Agrilife Extension Service, who will present a free program called "Fast Food with Slow Cookers". Nis. Besier For instance, much like a human embryo, a chicken embryo begins to grow a tail then stops. 11'scientists can figure out how to stop the directive that eliminates the tail, that resulting chicken will be one step close to a dinosaur. Evolutionary developmental biolo- gists have been able to institute some changes in chicken embryos, such a growth of teeth and various types of beaks. Huge numbers of studies, ex- periments, failures, and successes will be required to de -evolve a chicken into what we think of as a dinosaur, but Horner thinks it is possible in the near future. The book is fascinating though, filled with anecdotes about fossil hunt- ing in Montana and various chicken and dinosaur studies. The genetic test- ing and manipulation of human em- ryQs,�y its its,pros and cons, is also,di,s" cussed. It is written in a very conversa- tional style for a scientist, and easy to read for a book dealing with compli- cated scientific and ethical issues. For a thought -provoking look at de- velopmental biology and the implica- tions of genetically manipulating the embryos of various vertebrate species, check out "How to Build a Dinosaur" by Jack Horner. It is now available at Sanger Public Library, 501 Bolivar, or may be reserved by phone at 458-3257. It just might create a craving to read or see "Jurassic Park" again, and the li- brary can help with that as well, is a Denton County Extension Arent specializing in Family and Consumer Sciences, focusing on ways to enhance the quality of life for individuals and families. Library programs are free. For more information, or to reserve a spot, phone the library at 458-3257, or come by 501 Bolivar Street, NIs. 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