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12/15/2008-CC-Agenda Packet-RegularAGENDA CITY COUNCIL MONDAY, DECEMBER 15, 2008 7*00 P.M. 502 ELM STREET 1. an 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 that are brought up during this section. CONSENT AGENDA 3. a) Approve Minutes: November 17, 2008 -Work Session November 17, 2008 - City Council b) Disbursements c) Award Bid to Auldridge Griffin, C.P.A. on Audit Services for Fiscal Year 2007/2008 d) Approve Integrated Library System Agreement Between North Texas Regional Library System and the Sanger Public Library e) Approve Resolution #R12-17-08 -Providing for a New Article 13.26, Establishing an Identity Theft Prevention Program, to set out Definitions, Policies and Procedures for Implementation of the Identify Theft Prevention Program Pursuant to the Federal Trade Commission's Red Flags Rule f) Approve K.S.A. Engineering Agreement for Professional Services on a Water/ Wastewater System Master Plan 4. Consider any Items Removed from Consent Agenda. 5. Consider and Possible Action on the Preliminary Plat of Wright Way Park. 6. Public Hearing on a Proposed Zoning Change From Old SF-3 Single Family Residential District - 3 to SF-8 Single Family Residential District - 8 on Property Legally Described as Tract 194 and Tract 195 of the Reuben Beebee Survey, Abstract 29, Located at 105 and 107 North 7`h Street. 7. Consider and Possible Action on Ordinance #12-37-08 -Amending the Comprehensive Ordinance and Central Zoning Map by Changing the Zoning Classification From Old SF-3 Single Family Residential District - 3 to SF-8 Single Family Residential District an 8 on Property Legally Described as Tract 194 and Tract 195 of the Reuben Beebee Survey, Abstract 29, Located at 105 and 107 North 7" Street. 8. Consider and Possible Action on Request from LE.S.I. for the Consumer Price Index Increase of 3.7% Effective January 1, 2009 on Solid Waste Charges as Allowed per Their Contract. 9. Information Items. a) City of Sanger Investment Report b City of Sanger Monthly Financial Statement c) Chamber of Commerce Financial Report d) Library Monthly Report e) Legislative Update 10. 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, Texas, a place convenient and readily accessi to the general public at all times, and said Notice was posted on the following date and times,(��: , . "elf `°''`.. ;1 p.m. and shall remain posted until Ming is adjourned. `�' 'r �''' 7 r` f Rosalie Chavez, City Se retary City of Sanger, Texas - This notice was removed from the offi 'al bulletin board o � �C�e .l 7 z OOV at This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at (940) 45&7930 for further information. MINUTES: CITY COUNCIL MEETING WORKSESSION NOVEMBER 17, 200g MEMBERS PRESENT: Mayor Joe Higgs, Councilman Andy Garza, Councilman Robert Patton, Councilman Mike Walker, Councilman Thomas Muir. MEMBERS ABSENT: Glenn Ervin OTHERS PRESENT: City Manager Mike Brice, City Secretary/Asst. City Manager Rose Chavez, Shannon Graves -Sanger Courier 1. Call Meeting to Order. Mayor called meeting to order. 2. Presentation by the Lake Ray Roberts Association. Ed Phillips, representing Lake Ray Roberts Association (LRRA), addressed the Council with a Power Point presentation concerning this non-profit organization whose officers and board of directors are volunteers. The mission, functions and goals of this association are to develop marketing plans that includes targeting advertising and promotions in an effort to attract and retain Lake Ray Roberts' tourist and weekend visitors. The association is contacting all small cities around the Lake in an effort to promote Lake Ray Roberts. Mr. Phillips' presentation included the impacts and economic benefits of the association. The LRRA consists of residents and area businesses in developing Lake Ray Roberts as a significant upper, middle, and moderate income tourist and recreational destination. Mr. Phillips continued in explaining the incentives of joining the LRRA. The discussion continued concerning the Association involvement with the Corps of Engineers, the Federal Government, and other entities. Councilman Patton thanked Mr. Phillips for the presentation and advised this would be something the Council will need to study further. The City Manager indicated he met with Mr. Phillips about a month or so ago and met with the new owners of the Marina. The new owners have a lot of plans for the development of the Marina. They came from Lake Texoma where they helped with another marina and are experienced in dealing with the Corps of Engineers and know what that entails. He was pleased with the meeting and with the expertise of these people in dealing with the all the red tape of federal and state government. It takes persistence, and this is the experience that Ed Phillips brings to the table. This association will help all the communities, businesses, and entities around the lake in an effort to communicate with each other. This is an advantage to Sanger and to all the towns around the lake. He has asked that Mr. Phillips place him on his e-mail list. Mr. Phillips advised that from a community standpoint there are some inexpensive things that can be done in an effort to promote the lake that would benefit Sanger. Discussion continued. Mr. Phillips advised the association is still in the formation stages. 3. Overview of Items on Regular Agenda. 4. Adjournment. Mayor Higgs adjourned the meeting. MINUTES: CITY COUNCIL MEETING NOVEMBER 17, 2008 MEMBERS PRESENT: Mayor Joe Higgs, Councilman Andy Garza, Councilman Robert Patton, Councilman Mike Walker, Councilman Thomas Muir. MEMBER5 ABSENT: Councilman Glenn Ervin OTHERS PRESENT: City Manager Mike Brice, City Secretary/Asst. City Manager Rose Chavez, Director of Development Services Joseph Iliff, Bob Koger, C.J. Smith, Bill Wright, and Shannon Graves -Sanger Courier 1. CaII Meeting to Order, Invocation, Pledge of Allegiance. Mayor called meeting to order, Councilman Muir led the invocation, followed by Councilman Garza leading the Pledge of Allegiance. 2. Citizens Input: Citizens are allowed 3 minutes to speak. The City Council is unable to respond or to discuss any issues that are brought up during this section. None CONSENT AGENDA 3. a) Approve Minutes: November 3, 2008 -City Council b) Disbursements c) Approve Interlocal Cooperation Agreements for Fire and Ambulance Services Between the Sanger Volunteer Fire Department and Denton County d) Approve Resolution #11114&08 Adopting the 2008 Parks and Recreation Master Plan Councilman Garza had a question concerning the TML conference and inquired where it was held. City Manager advised it was held in San Antonio. The expenses to the TML conference were clarified, which included hotel accommodations, meals, and mileage reimbursement. City Manager advised that the staff is in the process of applying for a grant through the Texas Department of Parks and Wildlife. In order to meet the criteria for funding sometime in the Spring, this master plan has to be in place by January 1, 2009. Motion was made by Councilman Patton to approve the consent agenda. Seconded by Councilman Walker. Motion carried unanimously. 4. Consider any Items Removed from Consent Agenda. None S. Consider and Possible Action on Ordinance #11-35-08 -Amending the Code of Ordinances, Repealing Section 11.205, Setting Homestead Exemptions for Persons Over 65 Years of Age and for Disabled Persons. City Manager advised that when the Council adopted these exemptions it was done by Council action, and as advised by the City Attorney this is to be done by City ordinance. Councilman Walker asked if the numbers had changed. City Manager advised that they did not. Councilman Garza asked if the exemptions could be stated for the record. City Secretary indicated that the "Over 65 Exemption" is $30,000 and the "Disable Exemption" is $20,000. Motion made by Councilman Walker to adopt Ordinance #11-35-08-Amending the Code of Ordinances, Repealing Section 11.205, Setting Homestead Exemptions for Persons Over 65 Years of Age and Disabled Persons. Seconded by Councilman Garza. Motion carried unanimously. Caption As Follows: ORDINANCE # 11-35-08 AN ORDINANCE OF THE CITY OF BANGER, DENTON COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES, CITY OF BANGER, AS HERETOFORE AMENDED, BY REPEALING SECTION 11.205; SETTING HOMESTEAD EXEMPTIONS FOR PERSONS OVER 65 YEARS OF AGE AND FOR DISABLED PERSONS, PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 6. Conduct Public Hearing on Ordinance #11-36-08 -Zoning Change From SF-7 Single Family Residential District - 7 to PD (BF-'� Planned Development Single r Family Residential District on 101 Owned by Sable Creek Partners, Ltd. Mayor declared public hearing open. Lots in the Sable Creek Addition, Phase II There was not anyone who spoke for or against. Mayor declared public hearing closed. 7. Consider and Possible Action on Ordinance #11-36-08 -Zoning Change From SF-7 Single Family Residential District - 7 to PD (SF4) Planned Development Single Family Residential District on 101 Lots in the Sable Creek Addition, Phase II Owned by Sable Creek Partners, Ltd. City Manager advised that there was one change in the zoning change which was the number of lots from 101 to 100. Joe Smith representing Sable Creek Partners, LTD., addressed the Council concerning his request. He advised the change would permit the construction of larger, single -story homes than what is permitted under the current zoning regulations. In the past they have submitted variance requests before the Board of Adjustments. Mr. Iliff, Director of Development Services advised him that in order for the Board of Adjustment to grant a variance it had to be a hardship and building a larger home was not a hardship. The current zoning under SF-7 requires a minimum rear set back of 25 feet and a minimum side yard of 20 feet. In the Planned Development District it allows for a 20 feet rear yard setback and a 17 feet side yard adjacent to a side street to accommodate a larger home. Mr. Smith continued to discuss that as President of the HOA he has to approve all the house plans for the subdivision. He emphasized that he does not know what the housing market will do for next year but expects it to be a lot better. Discussion followed concerning the set back requirements. Councilman Garza indicated that this has been brought up before and Council knows how he feels concerning these type of changes. He emphasized that we certainly need homebuilders and more homes to be built. His concern with this request is that we keep changing the requirements. He asked if it would not be easier to change the requirements in SF4. Mr. Smith indicated the main purpose is to set the minimum square footage for the house and establishing the setbacks. He continued to explain the purpose for his request. He discussed the refinancing and the debt on this development. He explained that the collateral on this debt is Phase II. He also wanted the park land released from the bank for future park improvements. Councilman Patton indicated he understood Councilman Garza's concern, and possibly the Council needs to review the code of ordinances in the future. He does not have a problem with putting larger homes on those lots. This is similar to what Council did for Ranger Creek. The benefit for the City is the tax base this would generate. Councilman Garza indicated he does not have a problem with the larger homes; his concern is minimizing the lot setbacks to accommodate a larger house in a subdivision that already had the required zoning at the time of platting. Councilman Muir made the motion to approve Ordinance #11-36-08 zoning change from SF4 Single Family Residential District-7 to PD (S&7) Planned Development Single Family Residential District on the corrected 100 lots in the Sable Creek Addition, Phase II. Seconded by Councilman Patton. Motion carried 3 Ayes and 1 Nay vote by Councilman Garza. Councilman Garza explained that the only reason he opposed is that he feels we are compromising the zoning requirements. Mayor Higgs and the City Manager asked for clarification of the vote. Councilman Walker indicated he hesitated in voting yes, and the only reason he voted for the request, is because staff had already approved this, and if it was up to him, he would have voted no. He explained that he agrees with Councilman Garza. If we have the zoning requirements, then we must abide by them. He is trusting staffs recommendation in making the right decision. Councilman Muir indicated that bigger developments are done in Planned Development District, and the zoning requirement is a guide that is used to dictate the area requirements for that type district. In a planned development it allows flexibility to fit larger developments. It makes more sense to allow Planned Development Districts than just platting lots and meeting zoning requirements. This is the reason he voted for this request. We have to rely on staff to oversee those Planned Developments Districts. City Manager advised that the Planning and Zoning Commission passed this request unanimously. 8. Information Items: a) City of Sanger Investment Report b) Monthly Library Report c) Letter from the Regional Transportation Council 9. Adjournment. lYlayor Higgs adjourned the meeting. 11/24/2008 3:37 PM REGULAR DEPARTMENT PAYMENT REGISTER PACKET: 01936 CC PACKET 12/01/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 10 CITY COUNCIL 8 T TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME 99-00450 SUPER SAVE I-200811141344 001-10-5215 FOOD 99-00710 DATA BUSINESS FORMS INC PAGE: 1 BANK: SB99 ESCRIPTION CHECK# AMOUNT FOOD ITEMS FOR OPEN HOUSE 000000 5.07 I-66176 001-10-5210 OFFICE SUPPLI BUSINESS CARDS R PATTON DEPARTMENT 10 CITY COUNCIL 000000 48.50 TOTAL: 53.57 11/24/2008 3:37 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 2 PACKET: 01936 CC PACKET 12/01/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 15 ADMINISTRATION BANK: SB99 PP TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-01920 NICHOLS, JACKSON, DILLA I-200811141342 001-15-5425 LEGAL SERVICE GENERAL LEGAL SERVICE 000000 605.45 99-02460 AT&T MOBILITY I-824886528X11222008 001-15-5510 TELEPHONE SER MAR CELL PHONE BILL 000000 15.62 99-19160 WORKERS ASSISTANCE PROG I-IVC0000000031199 001-15-5175 EAP (EMPLOYER EMPLOYEE ASSISTANCE PROGR 000000 4.00 DEPARTMENT 15 ADMINISTRATION TOTRL: 625.07 11/24/2008 3:37 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 3 PACKET: 01936 CC PACKET 12/01/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 18 PUBLIC WORKS ADMIN. BANK: SB99 B" TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00710 DATA BUSINESS FORMS INC I-66085 001-18-5210 OFFICE SUPPLI MEETING ROOM SIGN/PW BLDG 000000 15.25 99-02460 AT&T MOBILITY I-829886528X11222008 001-18-5510 TELEPHONE SER MAR CELL PHONE BILL 000000 15.85 99-19160 WORKERS ASSISTANCE PROG I-IVC0000000031199 001-18-5175 EAP (EMPLOYER EMPLOYEE ASSISTANCE PROGR 000000 2.67 DEPARTMENT 18 PUBLIC WORKS ADMIN. TOTAL: 33.77 11/24/2008 3:37 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 4 PACKET: 01936 CC PACKET 12/O1/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 20 POLICE BANK: SB99 B" T TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-08780 TEXOMA REGIONAL ACADEMY I-200811241358 001-20-5240 TRAVEL EXPENS 16 HR ARREST SEARCH & SEI 000000 35.00 99-11570 CULLIGAN I-01910078 001-20-5215 FOOD WATER BOTTLE SERVICE 000000 42.88 99-14560 C & G WHOLESALE I-29757 001-20-5255 WEARING APPAR POLICE UNIFORMS 000000 251.94 99-18790 FUELMAN I-NP15077509 001-20-5320 MOTOR VEHICLE VEHICLE FUEL 000000 402.1E I-NP15193261 001-20-5320 MOTOR VEHICLE VEHICLE FUEL 000000 386.04 I-NP15286814 001-20-5320 MOTOR VEHICLE FUEL 11/10-11/16 000000 357.12 99-19160 WORKERS ASSISTANCE PROG I-IVC0000000031199 001-20-5175 EAP (EMPLOYER EMPLOYEE ASSISTANCE PROGR 000000 34.71 DEPARTMENT 20 POLICE TOTAL: 1,509.87 11/24/2008 3:37 PM PACKET: 01936 CC PACKET 12/01/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 22 ANIMAL CONTROL B' " TO USE: CB -CURRENT BUDGET REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 5 BANK: SB99 VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-19160 WORKERS ASSISTANCE PROG I-IVC0000000031199 001-22-5175 EAP (EMPLOYER EMPLOYEE ASSISTANCE PROGR 000000 2.67 DEPARTMENT 22 ANIMAL CONTROL TOTAL: 2.67 11/24/2008 3:37 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 6 PACKET: 01936 CC PACKET 12/01/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 24 FIRE DEPARTMENT BANK: SB99 F''T TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00590 CITY OF DENTON I-200811141338 001-24-5390 RADIOS FIRE D RADIO ANTENNA 000000 82.00 99-02460 AT&T MOBILITY I-824886528X11222008 001-24-5520 CELLULAR PHON MAR CELL PHONE BILL 000000 95.10 99-09090 PERKINS ENTERPRISE I-1666 001-24-5235 DUES & REGIST QRT MAINT. AIR TEST 000000 652.02 99-18340 FIRST ADVANTAGE BACKGRO I-750YD0810 001-24-3182 BACKGROUND CH BACK GROUND CHECKS 000000 35.00 99-19160 WORKERS ASSISTANCE PROG I-IVC0000000031199 001-24-5175 EAP (EMPLOYER EMPLOYEE ASSISTANCE PROGR 000000 10.68 DEPARTMENT 24 FIRE DEPARTMENT TOTAL: 874.80 11/24/2008 3:37 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 7 PACKET: 01936 CC PACKET 12/01/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 25 AMBULANCE BANK: SB99 F,T TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-05600 MOORE MEDICAL CORP. I-80926839 EI 001-25-5262 EMS SUPPLIES MEDICAL SUPPLIES 000000 559.56 99-1 MISC. VENDOR PRINCIPAL LIFE INS I-53565 001-25-5430 PROFESSIONAL REFUND INTERMEDIX OVERBILL 000000 318.14 RACHEL FROST I-53566 001-25-5430 PROFESSIONAL REFUND INTERMEDIX OVERBILL 000000 52.88 99-16240 SCHAD & PULTE I-173666 001-25-5262 EMS SUPPLIES OXYGEN CYLINDER 000000 11.00 99-18340 FIRST ADVANTAGE BACKGRO I-750YD0810 001-25-5182 BACKGROUND CH BACK GROUND CHECKS 000000 15.50 99-18790 EDELMAN I-NP15077509 001-25-5320 MOTOR VEHICLE VEHICLE FUEL 000000 235.10 I-NP15193261 001-25-5320 MOTOR VEHICLE VEHICLE FUEL 000000 414.86 I-NP15286814 001-25-5320 MOTOR VEHICLE FUEL 11/10-11/16 000000 212.31 99-19160 WORKERS ASSISTANCE PROG I-IVC0000000031199 001-25-5175 EAP (EMPOYER EMPLOYEE ASSISTANCE PROGR 000000 42.72 DEPARTMENT 25 AMBULANCE TOTAL: 1,862.07 11/24/2008 3:37 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 8 PACKET: 01936 CC PACKET 12/01/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 26 MUNICIPAL COURT BANK: SB99 Fr T TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM 4 G/L ACCOUNT NAME DESCRIPTION CHECK* AMOUNT 99-04550 TCCA I-200811241357 001-26-5235 DUES & REGIST MEMBERSHIP DUES 000000 80.00 99-14220 ARLENE PEREZ I-200811141341 001-26-5424 COURT SERVICE COURT INTERPRETER 000000 100.00 99-19160 WORKERS ASSISTANCE PROG I-IVC0000000031199 001-26-5175 EAP (EMPLOYER EMPLOYEE ASSISTANCE PROGR 000000 5.34 DEPARTMENT 26 MUNICIPAL COURT TOTAL: 185.34 11/24/2008 3:37 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 9 PACKET: 01936 CC PACKET 12/O1/08 -VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 27 CUSTODIAL BANK: SB99 E-V TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-09690 DESIGNS ETC. I-807175 001-27-5255 WEARING APPAR LONG SLEEVE & SHORT SLEEV 000000 82.00 99-18790 FUELMAN I-NP15077509 001-27-5320 MOTOR VEHICLE FUEL BILL 10/27-11/02 000000 13.60 99-19160 WORKERS ASSISTANCE FROG I-IVC0000000031199 001-27-5175 EAP (EMPLOYER EMPLOYEE ASSISTANCE PROGR 000000 1.34 DEPARTMENT 27 CUSTODIAL TOTAL: 96.94 11/24/2008 3:37 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 10 PACKET: 01936 CC PACKET 12/01/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 28 DEVELOPMENT SERVICES BANK: SB99 FT TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00710 DATA BUSINESS FORMS INC I-66085 001-28-5210 OFFICE SUPPLI MEETING ROOM SIGN/PW BLDG 000000 30.50 99-02170 REINERT PAPER & CHEMICA I-226163 001-28-5245 JANITORIAL SU 5 MIST AWAY BATHROOM CLEA 000000 33.75 I-226163 001-28-5245 JANITORIAL SU CLASS CLEANER 000000 8.65 I-226163 001-28-5245 JANITORIAL SU FUEL SURCHARGE 000000 3.00 99-02460 AT&T MOBILITY I-824886528X11222008 001-28-5510 99-18790 FUELMAN I-NP15077509 001-28-5320 99-19160 WORKERS ASSISTANCE FROG I-IVC0000000031199 001-28-5175 TELEPHONE MAR CELL PHONE BILL VEHICLE FUEL VEHICLE FUEL EAP (EMPLOYER EMPLOYEE ASSISTANCE PROGR DEPARTMENT 28 DEVELOPMENT SERVICES 000000 63.40 000000 37.29 000000 8.01 TOTAL: 184.60 11/24/2008 3:37 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 11 PACKET: 01936 CC PACKET 12/01/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 30 STREETS BANK: SB99 B IT TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-01300 JAGOE-PUBLIC CO., INC. I-810014 001-30-5360 SYSTEM MAINTE 5.13 HMAC PICKED UP 000000 289.85 99-01570 LOWE'S COMPANIES, INC. I-38618 001-30-5360 SYSTEM MAINTE 6 BAGS OF SACK CREEK 000000 65.76 99-02460 AT&T MOBILITY I-824886528XI1222008 001-30-5510 99-18790 FUELMAN I-NP15077509 001-30-5320 I-NP15193261 001-30-5320 I-NP15286814 001-30-5320 99-19160 WORKERS ASSISTANCE PROG I-IVC0000000031199 001-30-5175 TELEPHONE SER NAR CELL PHONE BILL MOTOR VEHICLE VEHICLE FUEL OR VEHICLE VEHICLE FUEL OR VEHICLE FUEL 11110-11116 EAP (EMPLOYER EMPLOYEE ASSISTANCE PROGR DEPARTMENT 30 STREETS ------------------ 000000 63.40 000000 231.68 000000 285.46 000000 149.11 000000 2.67 TOTAL: 1,087.93 11/24/2008 3:37 PM REGULAR DEPARTMENT PAYMENT REGISTER PACKET: 01936 CC PACKET 12/01/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 32 PARKS E 'I TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION 99-02460 AT&T MOBILITY I-824886528XI1222008 001-32-5520 CELLULAR PHON MAR CELL PHONE BILL 99-18790 FUELMAN I-NP15077509 001-32-5320 I-NP15193261 001-32-5320 I-NP15286814 001-32-5320 99-19160 WORKERS ASSISTANCE PROS I-IVC000000O031199 001-32-5175 MOTOR VEHICLE VEHICLE FUEL OR VEHICLE VEHICLE FUEL OR VEHICLE FUEL 11/10-11/16 PAGE: 12 BANK: SB99 CHECK# AMOUNT 000000 31.70 000000 000000 000000 EAP (EMPLOYER EMPLOYEE ASSISTANCE PROGR 000000 308.23 265.56 78.72 DEPARTMENT 32 PARKS TOTAL: 705.57 11/24/2008 3:37 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 13 PACKET: 01936 CC PACKET 12/01/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 36 FLEET SERVICES BANK: SB99 P.'.........T TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-02460 AT&T MOBILITY I-82488652BX11222008 001-36-5520 CELLULAR PHON MAR CELL PHONE BILL 000000 15.85 99-18790 FUELMAN I-NP15077509 001-36-5320 MOTOR VEHICLE VEHICLE FUEL 000000 9.82 99-19160 WORKERS ASSISTANCE PROG I-IVC0000000031199 001-36-5175 EAP (EMPLOYER EMPLOYEE ASSISTANCE PROGR 000000 2.67 DEPARTMENT 36 FLEET SERVICES TOTAL: 28.34 11/24/2008 3:37 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 14 PACKET: 01936 CC PACKET 12/01/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 42 LIBRARY BANK: SB99 2 T TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-03800 DEMCO I-3383270 001-42-5270 PROGRAMS AND DVD CASE 000000 45.39 I-33B3270 001-42-5270 PROGRAMS AND DATE DUE SLIPS 000000 42.25 I-3383270 001-42-5270 PROGRAMS AND JUV APPLICATION CARDS 000000 9.16 I-3383270 001-42-5270 PROGRAMS AND ADULT APPLICATION CARDS 000000 12.21 I-3383270 001-42-5270 PROGRAMS AND SHIPPING 000000 11.93 99-19160 WORKERS ASSISTANCE PROG I-IVC000000O031199 001-42-5175 EAP (EMPLOYER EMPLOYEE ASSISTANCE PROGR 000000 5.34 DEPARTMENT 42 LIBRARY TOTAL: 126.28 11/24/2008 3:37 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 15 PACKET: 01936 CC PACKET 12/01/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 60 PROPERTY TAX BANK: SB99 B: "P TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-04790 STEVE MOSSMAN -DENTON C I-200811201348 001-60-5420 CONTRACTUAL S 2008 PROPERTY TAX STATEME 000000 2/796963 DEPARTMENT 60 PROPERTY TAX FUND 001 GENERAL FUND TOTAL: 2,796.63 TOTAL: 10,173.45 11/24/2008 3:37 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 16 PACKET: 01936 CC PACKET 12/01/08 VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 10 CITY COUNCIL BANK: SB99 P. T TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00450 SUPER SAVE I-200811141344 008-10-5215 FOOD FOOD ITEMS FOR OPEN HOUSE 000000 5.06 99-00710 DATA BUSINESS FORMS INC I-66176 008-10-5210 OFFICE SUPPLI BUSINESS CARDS R PATTON 000000 48,50 DEPARTMENT 10 CITY COUNCIL TOTAL: 53.56 ------------------------------------------------------------------ 11/24/2008 3:37 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 17 PACKET: 01936 CC PACKET 12/01/08 VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 15 ADMINISTRATION BANK: SB99 P..,'T TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-01920 NICHOLS, JACKSON, DILLA I-200811141342 008-15-5425 LEGAL SERVICE GENERAL LEGAL SERVICE 000000 605.44 99-02460 AT&T MOBILITY I-824886528X11222008 008-15-5510 TELEPHONE SER MAR CELL PHONE BILL 000000 15.61 99-19160 WORKERS ASSISTANCE PROG I-IVC000000O031199 008-15-5175 EAP (EMPLOYER EMPLOYEE ASSISTANCE PROGR 000000 4.01 DEPARTMENT 15 ADMINISTRATION TOTAL: 625.06 11/24/2008 3:37 PM REGULAR DEPARTMENT PAYMENT REGISTER PACKET: 01936 CC PACKET 12/01/08 VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 18 PUBLIC WORKS ADMIN. P ;". TO USE: CB -CURRENT BUDGET PAGE: 18 BANK: SB99 VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00710 DATA BUSINESS FORMS INC I-66085 008-18-5210 OFFICE SUPPLI MEETING ROOM SIGN/PW BLDG 000000 15.25 99-02460 AT&T MOBILITY I-824886528X11222008 008-18-5510 TELEPHONE SER MAR CELL PHONE BILL 000000 15.85 99-19160 WORKERS ASSISTANCE PROG I-IVC0000000031199 008-18-5175 PAP (EMPLOYER EMPLOYEE ASSISTANCE PROGR 000000 2.67 DEPARTMENT 18 PUBLIC FORKS ADMIN. TOTAL: 33.77 11/24/2008 3:37 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 19 PACKET: 01936 CC PACKET 12/01/08 VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 19 DATA PROCESSING BANK: SB99 B-T TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00450 SUPER SAVE I-53544 008-19-5210 OFFICE SUPPLI FILTERS/S•]ASTE BASKET 000000 4.26 99-00710 DATA BUSINESS FORMS INC I-0 65829 008-19-5210 OFFICE SUPPLI NEXT WINDOW/HELP CALL 000000 25.50 99-08770 CPI OFFICE PRODUCTS I-2134661-0 008-19-5210 OFFICE SUPPLI OFFICE SUPPLIES 000000 291.60 I-2135445-0 008-19-5210 OFFICE SUPPLI CALENDERS/HANGING FOLDERS 000000 235.74 99-12760 CINTAS, INC. I-DK02023793 008-19-5430 99-19160 WORKERS ASSISTANCE PROG I-IVC0000000031199 008-19-5175 PROFESSIONAL DOCUMENT SHREDDING EAP (EMPLOYER EMPLOYEE ASSISTANCE PROGR DEPARTMENT 19 DATA PROCESSING 000000 74.55 000000 16.02 TOTAL: 647.67 11/24/2008 3:37 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 20 PACKET: 01936 CC PACKET 12/01/08 VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 27 CUSTODIAL BANK: SB99 P'T TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-09690 DESIGNS ETC. 1-807175 008-27-5255 WEARING APPAR LONG SLEEVE & SHORT SLEEV 000000 82.00 99-18790 EDELMAN I-NP15077509 008-27-5320 MOTOR VEHICLE FUEL BILL 10/27-11/02 000000 10.59 99-19160 WORKERS ASSISTANCE PROG I-IVC0000000031199 008-27-5175 EAP (EMPLOYER EMPLOYEE ASSISTANCE PROGR 000000 1.33 DEPARTMENT 27 CUSTODIAL TOTAL: 93.92 11/24/2008 3:37 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 21 PACKET: 01936 CC PACKET 12/01/08 VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 36 FLEET SERVICES BANK: SB99 E....T TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-02460 AT&T MOBILITY I-824886528X11222008 008-36-5520 CELLULAR PHON MAR CELL PHONE BILL 000000 15.85 99-18790 FUELMAN I-NP15077509 008-36-5320 MOTOR VEHICLE VEHICLE FUEL 000000 9.82 99-19160 WORKERS ASSISTANCE PROG I-IVC0000000031199 008-36-5175 EAP (EMPLOYER EMPLOYEE ASSISTANCE PROGR 000000 2.67 DEPARTMENT 36 FLEET SERVICES TOTAL: 28.34 11/24/2008 3:37 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 22 PACKET: 01936 CC PACKET 12/01/08 VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 50 WATER BANK: SB99 P:'i T TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00790 COUNTY BUILDERS SUPPLY, 1-10022065 008-50-5250 MINOR TOOLS REDI MIX CONCRETE 000000 18.25 99-02960 AT&T MOBILITY I-824886528X11222008 008-50-5520 CELLULAR PHON MAR CELL PHONE BILL 000000 63.40 99-02910. UPPER TRINITY I-W270811 008-50-5385 WATER PURCHAS VOLUME CHARGE 000000 6,490.60 I-W270811 008-50-5386 UTILITY DEMAN DEMAND CHARGE 000000 12,837.29 99-05170 NORTHERN SAFETY I-P221683501015-1 008-50-5260 SAFETY EQUIPM PK GATORADE 000000 118.08 99-18790 FUELMAN I-NP15077509 008-50-5320 MOTOR VEHICLE VEHICLE FUEL 000000 297.81 I-NP15193261 008-50-5320 MOTOR VEHICLE VEHICLE FUEL 000000 347.73 I-NP15286814 008-50-5320 MOTOR VEHICLE FUEL 11/10-11/16 000000 215.59 99-19160 WORKERS ASSISTANCE PROG I-IVC0000000031199 008-50-5175 EAP (EMPLOYER EMPLOYEE ASSISTANCE PROGR 000000 16.02 DEPARTMENT 50 V]ATER TOTAL: 20,909.77 11/24/2008 3:37 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 23 PACKET: 01936 CC PACKET 12/01/08 VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 54 WASTE WATER TREATMENT BANK: SB99 Di TO USE: CB —CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-02460 AT&T MOBILITY I-824886528X11222008 008-54-5510 TELEPHONE SER MAR CELL PHONE BILL 000000 31.70 99-03060 WILLIAMS TESTING LAB I-200811201352 008-54-5377 TESTING BOD/TSS: AMONIA/FECAL COL 000000 1,655.00 99-05510 IESI I-0004053961 008-59-5535 99-19160 WORKERS ASSISTANCE PROG I—IVC0000000031199 008-54-5175 SOLID 6IASTE ROLL OFE RENTAL 000000 90.30 EAP (EMPLOYER EMPLOYEE ASSISTANCE PROGR 000000 5.34 DEPARTMENT 54 WASTE VdATER TREATMENT TOTAL: 1,782.34 11/24/2008 3:37 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 24 PACKET: 01936 CC PACKET 12/01/08 VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 58 ELECTRIC DEPARTMENT BANK: SB99 PT r TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-02140 RADIO SHACK I-1033947 008-58-5210 OFFICE SUPPLI LAPTOP CHARGER 000000 39.99 99-02460 AT&T MOBILITY I-824886528X11222008 008-58-5520 CELLULAR TELE MAR CELL PHONE BILL 000000 63.40 99-02610 HD SUPPLY, INC I-1025216 & 998691 008-58-5355 METER MAINTEN ADDITIONAL COST TO METER 000000 1/740600 I-998691 & 1025216 008-58-5355 METER MAINTEN METERS 000000 2,160.00 I-998691 & 1025216 008-58-5355 METER MAINTEN METERS 000000 586.00 I-998691-0 &1025216 008-58-5355 METER MAINTEN ADD. COST FOR PROGRAM 000000 2,158.00 99-02690 TECHLINE, INC. I-1439348-00 008-58-5365 TRANSFORMERS COPPER WIRE 000000 4,560.00 99-05510 IESI I-0004053961 008-58-5535 SOLID WASTE ROLL OFF RENTAL 000000 90.30 99-11310 LINDSEY MFG. I-7567 008-58-6080 ELECTRIC SYST MONITORING INSULATOR 000000 895.00 I-7567 008-58-6080 ELECTRIC SYST SHIPPING 000000 60.24 9' i380 THE GLOVE GUY I-277-1053 008-58-5260 SAFETY EQUIPM COWHIDE WORK GLOVES 000000 83.52 99-18790 FUELMAN I-NP15077509 008-58-5320 MOTOR VEHICLE VEHICLE FUEL 000000 87.51 I-NP15193261 008-58-5320 MOTOR VEHICLE VEHICLE FUEL 000000 207.43 I-NP15286814 008-58-5320 MOTOR VEHICLE FUEL 11/10-11/16 000000 231.60 99-19160 WORKERS ASSISTANCE PROG I-IVC0000000031199 008-58-5175 EAP (EMPLOYER EMPLOYEE ASSISTANCE PROGR 000000 24.03 DEPARTMENT 58% ELECTRIC DEPARTMENT TOTAL: 12,987.02 FUND 008 ENTERPRISE FUND TOTAL 36,656.45 REPORT GRAND TOTAL: 96,829.90 12/09/2008 9:34 AM PACKET: 01969 CC PACKET 12/15/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 00 SVGS, MM, GRANT EXP. B T TO USE: CB -CURRENT BUDGET REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 1 BANK: SB99 VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-04790 STEVE MOSSMAN -DENTON C I-2009TAXES 001-00-7545 EVA BRUCE PRO EVA BRUCE TAXES 000000 153.20 DEPARTMENT 00 SVGS, MM, GRANT EXP. TOTAL: 153.20 12/09/2008 9:34 AM REGULAR DEPARTMENT PAYMENT REGISTER PACKET: 01969 CC PACKET 12/15/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 10 CITY COUNCIL B: '.". TO USE: CB -CURRENT BUDGET PAGE: 2 BANK: SB99 VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-08770 CPI OFFICE PRODUCTS I-2148649 001-10-5210 OFFICE SUPPLI OFFICE SUPPLIES 000000 6.27 99-18150 ROBERT PATTON I-200812091391 001-10-5240 TRAVEL EXPENS ROOM & MEAL, MILEAGE 000000 402.13 DEPARTMENT 10 CITY COUNCIL TOTAL: 908.40 12/09/2008 9:34 AM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 3 PACKET: 01969 CC PACKET 12/15/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 15 ADMINISTRATION BANK: SB99 F` °"T TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK#i AMOUNT 99-00840 DENTON PUBLISHING CO., I-434508 001-15-5230 ADVERTISING ADD FOR AUDITOR 000000 116.60 99-01550 ATMOS I-200812081388 001-15-5516 GAS SERVICE GAS UTILITIES 000000 5.59 99-02170 REINERT PAPER & CHEMICA I-226904 001-15-5245 JANITORIAL SU CLEANING SUPPLIES 000000 11.68 99-02300 SANGER COURIER: LEMONS I-00010728 001-15-5230 ADVERTISING AUDIT SERVICE 000000 18.00 99-04960 TX MUNICIPAL CLERKS I-200812031376 001-15-5235 DUES AND REGI MEMBERSHIP DUES 000000 42.50 99-05110 BOARD OF TAX PROF EXAMI I-200812051380 001-15-5235 DUES AND REGI 2009 RENEWAL 000000 27.50 99-06490 DENTON REGIONAL MEDICAL I-200812051381 001-15-5180 MEDICAL/PHYSI FLU SHOTS 000000 12.50 99 '2820 RICOH AMERICAS CORP. I-502560513 001-15-5210 OFFICE SUPPLI TONER FOR COPIER 000000 27.50 I-502560513 001-15-5210 OFFICE SUPPLI SHIPPING 000000 3.21 99-18790 FUELMAN I-NP15596243 001-15-5320 MOTOR VEHICLE FUEL 12/1 - 12/8/08 000000 12.05 DEPARTMENT 15 ADMINISTRATION TOTAL: 277.13 12/09/2008 9:34 AM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 4 PACKET: 01969 CC PACKET 12/15/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 20 POLICE BANK: SB99 F ';I TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-01800 MUIR AGENCY, INC. I-36963 001-20-5235 DUES AND REGI NOTARY RENEWAL 000000 71.00 99-06490 DENTON REGIONAL MEDICAL I-200812051381 001-20-5180 MEDICAL/PHYSI FLU SHOTS 000000 75.00 99-08780 TEXOMA REGIONAL ACADEMY I-200812091393 001-20-5240 TRAVEL EXPENS CHILD ABUSE PREVENTION 000000 40.00 99-18790 FUELMAN I-NP15961934 001-20-5320 I-NP15596243 001-20-5320 MOTOR VEHICLE FUEL 11/24-11/30 OR VEHICLE FUEL 12/1 - 12/8/08 DEPARTMENT 20 POLICE 000000 227.89 000000 357.38 TOTAL: 771.27 12/09/2008 9:34 AM REGULAR DEPARTMENT PAYMENT REGISTER PACKET: 01969 CC PACKET 12/15/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 22 ANIMAL CONTROL P......'=T TO USE: CB -CURRENT BUDGET PAGE : 5 BANK: SB99 VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00270 ANIMAL HOSPITAL ON MILA I-101356 001-22-5248 DOG POUND EXP EUTHANASIA 10-21-08 000000 136.50 I-101618 001-22-5248 DOG POUND EXP EUTHANASIA 11-08-08 000000 68.00 I-101892 001-22-5248 DOG POUND EXP EUTHANASIA 11-17-08 000000 126.50 I-102029 001-22-5248 DOG POUND EXP EUTHANASIA 11-21-08 000000 68.00 99-06490 DENTON REGIONAL MEDICAL I-200812051381 001-22-5180 MEDICAL/PHYSI FLU SHOTS DEPARTMENT 22 ANIMAL CONTROL 000000 25.00 TOTAL: 924.00 ------------------------- 12/09/2008 9:34 AM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 6 PACKET: 01969 CC PACKET 12/15/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 24 FIRE DEPARTMENT BANK: SB99 F';T TO USE: CB —CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00640 COMMERCIAL SERVICES I-200811261362 001-24-5345 LEASE EQUIPME ICE MACHINE RENTAL 000000 100.00 99-06490 DENTON REGIONAL MEDICAL I-200812051381 001-24-5180 MEDICAL/PHYSI FLU SHOTS 000000 75.00 99-13570 PUBLIC SAFETY CENTER I-1587650 001-24-5260 SAFETY EQUIPM 10 MINITOR 5 BATTERY 000000 199.90 I-1587650 001-24-5260 SAFETY EQUIPM shipping 000000 28.95 99-19800 CITY OF LEWISVILLE TRAI I-1110 001-24-5235 DUES & REGIST TRAINNING 000000 le049.00 99-19840 DETROIT INDUSTRIAL TOOL I-370659 001-24-5260 SAFETY EQUIPM REPLACEMENT BLADE FOR K12 000000 339.64 DEPARTMENT 24 FIRE DEPARTMENT TOTAL: 1,792.49 12/09/2008 9:34 AM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 7 PACKET: 01969 CC PACKET 12/15/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 25 AMBULANCE BANK: SB99 F"T TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM 4 G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-16240 SCHAD & PULTE I-173735 001-25-5262 EMS SUPPLIES OXYGEN CYLINDER 000000 14.00 99-17260 QUEST CARE I-1108 001-25-5235 DUES & REGIST MEDICAL CONTROL 000000 500.00 99-18790 FUELMAN I-NP15461934 001-25-5320 MOTOR VEHICLE FUEL 11/24-11/30 000000 376.70 I-NP15596243 001-25-5320 MOTOR VEHICLE FUEL 12/1 - 12/8/08 000000 239.26 99-19310 INTERMEDIX TECHNOLOGIES I-200812051384 001-25-5430 PROFESSIONAL BILLING SERVICES 000000 698.66 DEPARTMENT 25 AMBULANCE TOTAL: 11828.62 12/09/2008 9:34 AM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 8 PACKET: 01969 CC PACKET 12/15/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 26 MUNICIPAL COURT BANK: SB99 I I TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00710 DATA BUSINESS FORMS INC I-66670 001-26-5210 OFFICE SUPPLI REG ENVELOPES 000000 69.53 I-66670 001-26-5210 OFFICE SUPPLI COMP CHARGE 000000 12.00 I-66670 001-26-5210 OFFICE SUPPLI shipping 000000 10.00 99-04560 TMCEC I-200812051382 001-26-5235 99-06490 DENTON REGIONAL MEDICAL I-200812051381 001-26-5180 99-08770 CPI OFFICE PRODUCTS I-2146764 & 2145559 001-26-5210 99-10230 HAYES, BERRY, V7HITE & I-14 001-26-5925 DUES & REGIST ANNUAL SEMINAR- HARTLESS 000000 150.00 MEDICAL/PHYSI FLU SHOTS 000000 25.00 OFFICE SUPPLI COPY PAPER/PAPERCLIPS/BIN 000000 223.18 LEGAL SERVICE MUNICIPAL PROSECUTOR 000000 1,982.60 99-19260 TYLER TECHNOLOGIES I-71857 001-26-5729 TECHNOLOGY FU V]EB HOSTING & SUPPORT 000000 125.00 DEPARTMENT 26 MUNICIPAL COURT TOTAL: 2,597.31 --------------------- ------------ ----------------------------------------- 12/09/2008 9:34 AM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 9 PACKET: 01969 CC PACKET 12/15/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 27 CUSTODIAL BANK: SB99 F: ':I TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM 9 G/L ACCOUNT NAME DESCRIPTION CHECKif AMOUNT 99-06490 DENTON REGIONAL MEDICAL I-200812051381 001-27-5180 MEDICAL/PHYSI FLU SHOTS 000000 12.50 DEPARTMENT 27 CUSTODIAL TOTAL: 12.50 ----------------------------------------------------------------------------- 12/09/2008 9:34 AM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 10 PACKET: 01969 CC PACKET 12/15/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 28 DEVELOPMENT SERVICES BANK: SB99 F: '.T TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-06490 DENTON REGIONAL MEDICAL I-200812051381 001-28-5180 MEDICAL PHYSI FLU SHOTS 000000 25.00 99-10120 OFFICE DEPOT CREDIT PLA I-450602240 & 599569 001-28-5210 OFFICE SUPPLI PAPER/FOLDERS/PENS/ENVEL/ 000000 166.73 99-18410 TX STATE BOARD OF PLUMB I-200811261361 001-28-5235 DUES & REGIST PLIMBING INSPET. LICENSE 000000 55.00 DEPARTMENT 28 DEVELOPMENT SERVICES TOTAL: 246.73 12/09/2008 9:34 AM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 11 PACKET: 01969 CC PACKET 12/15/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 30 STREETS BANK: SB99 E T TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00050 CONLEY SAND & GRAVEL I-8547 001-30-5360 SYSTEM MAINTE 10 YDS UPM (COAL LAY) 000000 380.00 99-00690 COMMERCIAL SERVICES I-200811261362 99-00790 COUNTY BUILDERS SUPPLY, I-10022282 I-10022282 99-00800 COSERVE, INC. I-200812091392 I-200812091392 99-01570 LOWE'S COMPANIES, INC. I-38618 99-18790 FUELMAN I-NP15461934 I-NP15596243 001-30-5345 LEASE EQUIPME ICE MACHINE RENTAL 000000 50.00 001-30-5250 MZNOR TOOLS 6V BATTERY ALK 000000 28.47 001-30-5250 MINOR TOOLS 6V BATTERY HD 000000 17.97 001-30-5515 ELECTRIC & GA LIGHTS & ELECT 000000 267.50 001-30-5515 ELECTRIC & GA LIGHTS & ELECT 000000 81.39 001-30-5360 SYSTEM MAINTE 6 BAGS OF SACK CREEK 000000 65.76 001-30-5320 MOTOR VEHICLE FUEL 11/29-11/30 000000 92.97 001-30-5320 MOTOR VEHICLE FUEL 12/1 - 12/8/08 000000 44.36 DEPARTMENT 30 STREETS TOTAL: 1,028.42 12/09/2008 9:34 AM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 12 PACKET: 01969 CC PACKET 12/15/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 32 PARKS BANK: SB99 F1T TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00650 CONTINENTAL RESEARCH CO I-302552-CRC-1 001-32-5223 CHEMICAL SUPP POWDER KEG 000000 329.00 99-06490 DENTON REGIONAL MEDICAL I-200812051381 001-32-5180 MEDICAL/PHYSI FLU SHOTS 000000 25.00 99-18790 FUELNAN I-NP15596293 001-32-5320 MOTOR VEHICLE FUEL 12/1 - 12/8/08 000000 65.06 DEPARTMENT 32 PARKS TOTAL: 919.06 ------------------------------------------------------------------------ 12/09/2008 9:34 AM PACKET: 01969 CC PACKET 12/15/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 36 FLEET SERVICES 21 'T TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # 99-06490 DENTON REGIONAL MEDICAL I-200812051381 REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 13 BANK: SB99 G/L ACCOUNT NAME DESCRIPTION CHECK## AMOUNT 001-36-5180 MEDICAL/PHYSI FLU SHOTS 000000 12.50 DEPARTMENT 36 FLEET SERVICES TOTAL: 12.50 12/09/2008 9:34 AM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 14 PACKET: 01969 CC PACKET 12/15/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 40 SULLIVAN CENTER BANK: SB99 F' `':T TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-02170 REINERT PAPER & CHEMICA I-226904 001-40-5245 JANITORIAL & CLEANING SUPPLIES 000000 93.33 DEPARTMENT 40 SULLIVAN CENTER TOTAL: 93.33 12/09/2008 9:34 AM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 15 PACKET: 01969 CC PACKET 12/15/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 42 LIBRARY BANK: SB99 F':T TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-06490 DENTON REGIONAL MEDICAL I-200812051381 001-42-5180 MEDICAL/PHYSI FLU SHOTS 000000 25.00 99-19820 AMERICAN DIGITAL SOLUTI I-324516 001-42-5210 OFFICE SUPPLI HI YEILD TONER FOR HP 300 000000 241.60 DEPARTMENT 42 LIBRARY TOTAL: 266.60 -------------------------------- ------- --------- ------------- ---------------------- -------------- -------------- 12/09/2008 9:34 AM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 16 PACKET: 01969 CC PACKET 12/15/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 44 COMMUNITY CENTER BANK: SB99 F..... `:T TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00640 COMMERCIAL SERVICES I-200811261362 001-44-5345 LEASE EQUIPME ICE MACHINE RENTAL 000000 100.00 DEPARTMENT 44 COMMUNITY CENTER TOTAL: 100.00 ------------------------------------------------------------------ 12/09/2008 9:34 AM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 17 PACKET: 01969 CC PACKET 12/15/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 46 ECONOMIC DEVELOPMENT F....... ':T TO USE: CB -CURRENT BUDGET BANK: SB99 VENDOR NAME ITEM 0 G/L ACCOUNT NAME DESCRIPTION CHECKN AMOUNT 99-18880 MARCOA PUBLISHING DALLA I-D1-62037 001-46-5230 ADVERTISING DISPLAY AD 000000 2,037.75 DEPARTMENT 96 ECONOMIC DEVELOPMENT TOTAL: 2,037.75 12/09/2008 9:34 AM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 18 PACKET: 01969 CC PACKET 12/15/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 60 PROPERTY TAX BANK: SB99 F.......°T TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00740 DCAD I-4752 001-60-5420 CONTRACTUAL S 1ST QTR DCAD 2009 BUDGET 000000 9,823.02 DEPARTMENT 60 PROPERTY TAX TOTAL: 4,823.02 12/09/2008 9:34 AM REGULAR DEPARTMENT PAYMENT REGISTER PACKET: 01969 CC PACKET 12/15/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 66 SOLID WASTE P'`T TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION 99-05510 IESI I-NOV 08 001-66-5390 COLLECTION CO SANITATION BILL NOV 08 DEPARTMENT 66 SOLID WASTE FUND 001 GENERAL FUND PAGE: 19 BANK: SB99 CHECK# AMOUNT ----------------------- 000000 41,910.92 TOTAL: 41,910.92 TOTAL: 59,203.25 12/09/2008 9:34 AM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 20 PACKET: 01969 CC PACKET 12/15/08 VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 10 CITY COUNCIL BANK: SB99 B� TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-08770 CPI OFFICE PRODUCTS I-2148649 008-10-5210 OFFICE SUPPLI OFFICE SUPPLIES 000000 6.27 99-18150 ROBERT PATTON I-200812091391 008-10-5240 TRAVEL EXPENS ROOM & MEAL, MILEAGE 000000 402.12 DEPARTMENT 10 CITY COUNCIL TOTAL: 408.39 12/09/2008 9:34 AM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 21 PACKET: 01969 CC PACKET 12/15/08 VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 15 ADMINISTRATION BANK: SB99 Br TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00840 DENTON PUBLISHING CO., I-434508 008-15-5230 ADVERTISING ADD FOR AUDITOR 000000 116.60 99-01550 ATMOS I-200812081388 008-15-5516 GAS SERVVICE GAS UTILITIES 000000 5.59 99-02170 REINERT PAPER & CHEMICA I-226904 008-15-5245 JANITORIAL SU CLEANING SUPPLIES 000000 11.68 99-02300 SANGER COURIER: LEMONS I-00010728 008-15-5230 ADVERTISING AUDIT SERVICE 000000 18.00 99-04960 TX MUNICIPAL CLERKS I-200812031376 008-15-5235 DUES & REGIST MEMBERSHIP DUES 000000 42.50 99-05110 BOARD OF TAX PROF EXAMI I-200812051380 008-15-5235 DUES & REGIST 2009 RENEWAL 000000 27.50 99-06490 DENTON REGIONAL MEDICAL I-200812051381 008-15-5180 MEDICAL/PHYSI FLU SHOTS 000000 12.50 99-12820 RICOH AMERICAS CORP. I-502560513 008-15-5210 OFFICE SUPPLI TONER FOR COPIER 000000 27.50 I-502560513 008-15-5210 OFFICE SUPPLI SHIPPING 000000 3.21 99-18790 FUELMAN I-NP15596243 008-15-5320 MOTOR VEHICLE FUEL 12/1 - 12/7/08 000000 12.06 i DEPARTMENT 15 ADMINISTRATION TOTAL: 277.14 12/09/2008 9:34 AM REGULAR DEPARTMENT PAYMENT REGISTER PACKET: 01969 CC PACKET 12/15/08 VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 19 DATA PROCESSING 2 7TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION 99-01550 ATMOS I-200812081388 008-19-5516 GAS SERVICE GAS UTILITIES 99-02170 REINERT PAPER & CHEMICA I-226904 008-19-5245 JANITORIAL SU CLEANING SUPPLIES 99-06490 DENTON REGIONAL MEDICAL I-200812051381 008-19-5180 MEDICAL/PHYSI FLU SHOTS 99-08770 CPI OFFICE PRODUCTS I-2148699 008-19-5205 DATA PROCESSI OFFICE SUPPLIES I-2148649 008-19-5210 OFFICE SUPPLI OFFICE SUPPLIES 99-12820 RICOH AMERICAS CORP. I-403624697,40293281 008-19-5332 OFFICE MACHIN NAINT 7/1/08 - 9/30/08 I-403624697,40293281 008-19-5332 OFFICE MACHIN MAINT 10/l/08 - 12/31/08 99-17640 DOLLAR GENERAL I-53575 008-19-5210 OFFICE SUPPLI XMAS TREE LIGHTS 99-19260 TYLER TECHNOLOGIES I-71856 008-19-5451 ANNUAL SOFTWA UB INQUIRY/WEB SUPPORT DEPARTMENT 19 DATA PROCESSING PAGE: 22 BANK: SB99 CHECK# AMOUNT ----------------------- 000000 11.18 000000 23.34 000000 75.00 000000 113.55 000000 64.87 000000 404.00 000000 404.00 000000 9.00 000000 110.00 TOTAL: 1,214.94 ------------------------- 12/09/2008 9:34 AM REGULAR DEPARTMENT PAYMENT REGISTER PACKET: 01969 CC PACKET 12/15/08 VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 27 CUSTODIAL F:'IT TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION 99-06490 DENTON REGIONAL MEDICAL I-200812051381 008-27-5180 MEDICAL/PHYSI FLU SHOTS DEPARTMENT 27 CUSTODIAL PAGE: 23 BANK: SB99 CHECK# AMOUNT 000000 12.50 TOTAL: 12.50 12/09/2008 9:34 AM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 24 PACKET: 01969 CC PACKET 12/15/08 VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 36 FLEET SERVICES BANK: SB99 P:.....,.r TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# 99-06490 DENTON REGIONAL MEDICAL I-200812051381 008-36-5180 MEDICAL/PHYSI FLU SHOTS 000000 DEPARTMENT 36 FLEET SERVICES TOTAL: 12.50 12/09/2008 9:34 AM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 25 PACKET: 01969 CC PACKET 12/15/08 VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 50 WATER BANK: SB99 F IT TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00180 AMERICAN MESSAGING I-H1617057IL 008-50-5525 PAGERS ON CALL PAGERS 000000 27.51 99-00640 COMMERCIAL SERVICES I-200811261362 008-50-5345 LEASE EQUIPME ICE MACHINE RENTAL 000000 50.00 99-11030 TCEQ I-PHS0110069 99-15600 US METERING & TECHNOLOG I-241058-00 I-241058-00 99-18790 FUELMAN I-NP15961934 I-NP15596243 008-50-5335 PERMIT FEES VTATER SYSTEM FEE 000000 1,549.76 008-50-5372 WATER METER & 3 BRONZE BODY METERS 000000 759.00 008-50-5372 WATER METER & 3 C700 1 1/2 METER 000000 11194,00 008-50-5320 MOTOR VEHICLE FUEL 11/24-11/30 000000 73.89 00B-50-5320 MOTOR VEHICLE FUEL 12/1 - 12/8/08 000000 318.32 DEPARTMENT 50 VIATER TOTAL: 3,972.48 12/09/2008 9:34 AM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 26 PACKET: 01969 CC PACKET 12/15/08 VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 54 WASTE WATER TREATMENT BANK: SB99 F '" TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00590 CITY OF DENTON I-200812031375 008-54-5270 LABORATORY SU WATER BACT TEASTING 000000 134.37 99-00800 COSERVE, INC. I-200812091392 008-54-5515 ELECTRIC � GA LIGHTS & ELECT 000000 753.36 DEPARTMENT 54 WASTE PLATER TREATMENT TOTAL: 887.73 12/09/2008 9:34 AM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 27 PACKET: 01969 CC PACKET 12/15/08 VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 58 ELECTRIC DEPARTMENT BANK: SB99 P.. '.I TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00640 COMMERCIAL SERVICES I-200811261362 008-58-5345 LEASE EQUIPME ICE MACHINE RENTAL 000000 100.00 99-02300 SANGER COURIER: LEMONS I-00010728 008-58-5230 ADVERTSING SPORTS PAGE11/6 000000 55.00 99-06490 DENTON REGIONAL MEDICAL I-200812051381 008-58-5180 MEDICAL/PHYSI FLU SHOTS 000000 25.00 99-18790 FUELMAN I-NP15461939 008-58-5320 I-NP15596243 008-58-5320 MOTOR VEHICLE FUEL 11/24-11/30 000000 159.38 OR VEHICLE FUEL 12/1 - 12/8/08 000000 249.68 DEPARTMENT 58 ELECTRIC DEPARTMENT TOTAL: 589.06 FUND 008 ENTERPRISE FUND TOTAL: 7,374.74 REPORT GRAND TOTAL: 66,577.99 11/26/2008 12:17 PM A / P CHECK REGISTER PAGE: 1 PACKET: 01940 IST OF THE MONTH PYMT VENDOR SET: 99 BANK SB99 SB—ACCOUNTS PAYABLE FUND CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 10600 AL DeSANTIAGO I —DEC ALLOWANCE DEC CELL ALLOWANCE R 11/26/2008 50.00CR 038468 50.00 04050 CURTIS AMYX I —DEC ALLOWANCE DEC CELL ALLOWANCE R 11/26/2008 50.00CR 038469 50.00 15100 JOSH BISHOP I —DEC ALLOWANCE DEC CELL ALLOWANCE R 11/26/2008 50.00CR 038470 50.00 00020 ROSE CHAVEZ I —DEC ALLOWANCE DEC CELL ALLOWANCE R 11/26/2008 50.00CR 038471 50.00 08790 JUSTIN FULLER I —DEC ALLOWANCE DEC CELL ALLOWANCE R 11/26/2008 50.00CR 038472 50.00 07750 HOME DEPOT/GECF 1-1302162 LIGHTS & BULBS R 11/26/2008 281.40CR 038473 281.40 19830 JOE ILIFF I —DEC ALLOWANCE DEC CELL ALLOWANCE R 11/26/2008 50.00CR 038474 50.00 7H030 JOHN SPRINGER 's I —DEC RENT DEC RENT 803 5TH R 11/26/2008 1,000.00CR 038475 1,000.00 08020 RONALD KINNEY I —DEC ALLOWANCE DEC CELL ALLOWANCE R 11/26/2008 50.00CR 038476 50.00 03920 STEVE LEHOTSKY E:. I —DEC ALLOWANCE DEC CELL ALLOWANCE R 11/26/2008 50.00CR 038477 50.00 10860 MARTY WALKER I —DEC ALLOWANCE DEC CELL ALLOWANCE R 11/26/2008 50.00CR 038478 50.00 17730 MIKE BRICE I —DEC ALLOWANCE DEC CELL PHONE R 11/26/2008 50.00CR 038479 50.00 08300 JONATHAN PERKINS I —DEC ALLOWANCE DEC CELL ALLOWANCE R 11/26/2008 50.00CR 038480 50.00 04240 MIKE PRATER I —DEC ALOWANCE DEC CELL ALLOWANCE R 11/26/2008 50.00CR 038481 50.00 11/26/2008 12:17 PM PACKET: 01940 IST OF THE MONTH PYMT VENDOR SET: 99 BANK S899 SB-ACCOUNTS PAYABLE FUND VENDOR NAME / I.D. DESC 06750 MIKE RILEY I -DEC ALLOWANCE DEC CELL ALLOWANCE 04390 DANNY SPINDLE I -DEC SERVICE JUDGE SERVICE 19220 STONEY WARD I -DEC ALLOWANCE DEC CELL ALLOWANCE 07700 JOSHUA VEST I -DEC ALLOWANCE DEC CELL ALLOWANCE ** T O T A L S REGULAR CHECKS: HANDWRITTEN CHECKS: PRE -WRITE CHECKS: DRAFTS: VOID CHECKS: NON CHECKS: CORRECTIONS: REGISTER TOTALS: TOTAL ERRORS: 0 A / P CHECK REGISTER CHECK CHECK TYPE DATE R 11/26/2008 R 11/26/2008 R 11/26/2008 R 11/26/2008 NO# DISCOUNTS 16 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 PAGE: 2 CHECK CHECK DISCOUNT AMOUNT N04 AMOUNT 50.00CR 038482 50.00 700.00CR 038483 700.00 50.00CR 038484 50.00 50.00CR 038485 50.00 CHECK AMT 2,731.40 0.00 0.00 0.00 0.00 0.00 0.00 2,731.40 TOTAL APPLIED 2,731.40 0.00 0.00 0.00 0.00 0.00 0.00 2,731.40 11/26/2008 12:17 PM PACKET: 01940 IST OF THE MONTH PYMT VENDOR SET: 99 BANK SB99 SB-ACCOUNTS PAYABLE FUND VENDOR NAME / I.D. DESC A / P CHECK REGISTER PAGE: 3 CHECK CHECK CHECK CHECK TYPE DATE DISCOUNT AMOUNT NO#k AMOUNT ** POSTING PERIOD RECAP ** FUND PERIOD AMOUNT 001 11/2008 1,964.40CR 008 11/2008 767.000R ALL 2,731.40CR 11/25/2008 9:16 AM PACKET: 01938 BRAZOS WIRE VENDOR SET: 99 BANK SB99 SB-ACCOUNTS PAYABLE FUND VENDOR NAME / I.D. DESC 18430 FIRST UNITED BANK I-53567 BRAZOS WIRE ** T O T A L S REGULAR CHECKS: HANDWRITTEN CHECKS: PRE -WRITE CHECKS: DRAFTS: VOID CHECKS: NON CHECKS: CORRECTIONS: REGISTER TOTALS: TOTAL ERRORS: 0 A / P CHECK REGISTER CHECK CHECK TYPE DATE R 11/25/2008 NO# DISCOUNTS 1 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 PAGE: 1 CHECK CHECK DISCOUNT AMOUNT NO# AMOUNT 365,686.13CR 038467 365,686.13 CHECK AMT 365,686.13 0.00 0.00 0.00 0.00 0.00 0.00 365,686.13 TOTAL APPLIED 365,686.13 0.00 0.00 0.00 0.00 0.00 0.00 365,686.13 11/25/2008 9:16 AM PACKET: 01938 BRAZOS WIRE VENDOR SET: 99 BANK SB99 SB-ACCOUNTS PAYABLE FUND VENDOR NAME / I.D. DESC A / P CHECK REGISTER CHECK CHECK TYPE DATE PAGE: 2 CHECK CHECK DISCOUNT AMOUNT NO# AMOUNT ** POSTING PERIOD RECAP ** FUND PERIOD AMOUNT ---------------- 008 11/2008 365,686.13CR ALL 365,686.13CR 11/21/2008 11:05 AM A / P CHECK REGISTER PAGE: 1 PACKET: 01930 11/20/08 PAYMENTS VENDOR SET: 99 BANK SB99 SB-ACCOUNTS PAYABLE FUND CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 02460 AT&T MOBILITY I-82488652BX10222008 CELL PHONE SERVICE R 11/21/2008 507.27CR 038456 507.27 01550 ATMOS I-200811141340 GAS SERVICE R 11/21/2008 15.lOCR 038457 I-200811141343 UTILITY GAS 502 ELM R 11/21/2008 16.34CR 038457 I-200811141345 UTILITY GAS BILL R 11/21/2008 24.19CR 038457 55.63 19800 CITY OF LEWISVILLE TRAINING I-200811201349 LIFE FIRE TRAINING R 11/21/2008 11750.00CR 038458 11750.00 00840 DENTON PUBLISHING CO., INC. I-431709 AD FOR AUDITOR R 11/21/2008 11891OCR 038459 118.10 18190 DEPARTMENT OF INFORMATION RESOURCE I-9100874T LONG DISTANCE R 11/21/2008 74.02CR 038460 74.02 1 DERRYL MILBURN I-200811201355 " R 11/21/2008 100.00CR 038461 100.00 07750 HOME DEPOT/GECF I-200811201351 2 ADAPTERS/PVC BUSHING R 11/21/2008 5.69CR 038462 I-68400229021 BY PASS LOPPE/SHARPNER/ S R 11/21/2008 132.92CR 038462 138.61 1 MISTY KRETZSCHMAR I-200811201354 R 11/21/2008 100.00CR 038463 100.00 11690 RESERVE ACCOUNT/PITNEY BOWES PURCHASE POWER I-200811141339 POSTAGE FOR METER R 11/21/2008 21200400CR 038464 21200,00 15250 SUDDENLINK I-200811201350 INTERNET SERVICE R 11/21/2008 111.65CR 038465 111.65 19160 WORKERS ASSISTANCE PROGRAM, INC. I-IVC0000000031015 EAP PROGRAM R 11/21/2008 216.27CR 038466 216.27 * * T 0 T A L S * * NO# DISCOUNTS CHECK AMT TOTAL APPLIED REGULAR CHECKS: 11 0.00 51371.55 5,371.55 HANDWRITTEN CHECKS: 0 0.00 0.00 0.00 PRE -WRITE CHECKS: 0 0.00 0.00 0.00 DRAFTS: 0 0.00 0.00 0.00 VOID CHECKS: 0 0.00 0.00 0.00 NON CHECKS: 0 0.00 0.00 0.00 CORRECTIONS: 0 0.00 0.00 0.00 REGISTER TOTALS: 11 0.00 51371.55 5,371.55 TOTAL ERRORS: 0 11/21/2008 11:05 AM PACKET: 01930 11/20/08 PAYMENTS VENDOR SET: 99 BANK SB99 SB-ACCOUNTS PAYABLE FUND VENDOR NAME / I.D. DESC A / P CHECK REGISTER PAGE: 2 CHECK CHECK CHECK CHECK TYPE DATE DISCOUNT AMOUNT NO# AMOUNT ** POSTING PERIOD RECAP ** FUND PERIOD AMOUNT 001 11/2008 4,185.07CR 008 11/2008 1,186.48CR ALL 51371955CR 11/19/2008 10:58 AM A / P CHECK REGISTER PACKET: 01923 BANKERS CREDIT CARD .. VENDOR SET: 99 BANK SB99 SB-ACCOUNTS PAYABLE FUND CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE 19240 BANKERS CREDIT CARD SERVICE I-200811191347 BANKERS CREDIT CARD SERVICE R 11/19/2008 TOTAL ERRORS: 0 CHECK DISCOUNT AMOUNT NO# 283.50CR 038499 * * T 0 T A L S * * NO# DISCOUNTS CHECK AMT TOTAL APPLIED REGULAR CHECKS: 1 0.00 283.50 283.50 HANDWRITTEN CHECKS: 0 0.00 0.00 0.00 PRE -WRITE CHECKS: 0 0.00 0.00 0.00 DRAFTS: 0 0.00 0.00 0.00 VOID CHECKS: 0 0.00 0.00 0.00 NON CHECKS: 0 0.00 0.00 0.00 CORRECTIONS: 0 0.00 0.00 0.00 REGISTER TOTALS: 1 0.00 283.50 283.50 PAGE: 1 CHECK AMOUNT 283.50 11/19/2008 10:58 AM PACKET: 01923 BANKERS CREDIT CARD VENDOR SET: 99 BANK SB99 SB-ACCOUNTS PAYABLE FUND VENDOR NAME / I.D. DESC A / P CHECK REGISTER PAGE: 2 CHECK CHECK CHECK CHECK TYPE DATE DISCOUNT AMOUNT NO# AMOUNT ** POSTING PERIOD RECAP ** FUND PERIOD AMOUNT 001 11/2008 141.75CR 008 11/2008 141.75CR ALL 283.50CR 11-14-2008 08:57 AM A/P PAYMENT REGISTER PAGE: 1 PACKET: 01915 15TH OF THE MONTH PYMTS ` VENDOR SET: 99 VENDOR SEQUENCE *:R ITEM NO# DESCRIPTION BANK CHECK STAT DUE DT GROSS PAYMENT OUTSTANDING DISC DT BALANCE DISCOUNT 99-00600 CITY OF SANGER I 200811131337 UTILITY BILLS SB99 R 12/13/2008 34,663.49 34,663.49CR 34,663,49 VENDOR TOTALS REG, CHECK 34,663.49 34,663.49CR 0.00 34,663.49 0.00 ------------ ------------ --------- ------------------- ------------- ---------- ------------ ------- ---------------------------------- 99-00800 COSERVE, INC. I 200811131336 ELECTRIC & LIGHTS SB99 R 12/13/2008 11136,69 11136.69CR 1, 136.69 VENDOR TOTALS REG. CHECK 1,136.69 1,136.69CR 0.00 1,136.69 0.00 ---------------------------------------------------- ----------------------- ---------------------------- -------- -------------- 99-13280 HCSB I PAYMENT 448 LEASE #2004096 SB99 R 11/13/2008 736.00 736m00CR 736.00 f i VENDOR TOTALS REG. CHECK 736.00 736.00CR 0.00 736.00 0.00 -------------------------------------------------------------------------------------------- !i 99-05510 IESI I 200811131335 OCT SANITATION BILL SB99 R 12/13/2008 42,072.07 42,072.07CR 42,072.07 VENDOR TOTALS REG, CHECK 42,072.07 421072.07CR 0.00 42,072.07 0.00 99-13380 SANGER BANK I 200811131334 LOAMY 07071866 SB99 R 11/13/2008 5,008.15 51008.15CR 51008,15 VENDOR TOTALS REG, CHECK 5/008015 5f008o15CR 0.00 51008,15 0.00 11-14-2008 08:57 AM A/P PAYMENT REGISTER PACKET: 01915 15TH OF THE MONTH PYMTS VENDOR SET: 99 ----------------------------- _____________ R E P O R T T 0 T A L S F U N D D I S T R I B U T I O N FUND N04 FUND NAME AMOUNT ---------------------------------------------------------- 001 GENERAL FUND 59,630.96CR 008 ENTERPRISE FUND 231985.44CR ** TOTALS ** 83,616.40CR ---- TYPE OF CHECK TOTALS ---- GROSS NUMBER BALANCE HAND CHECKS 0.00 0.00 DRAFTS 0.00 0.00 REG-CHECKS 83,616.40 83,616.40 EFT 0.00 0.00 NON -CHECKS 0.00 0.00 ALL CHECKS 83,616.40 83,616.40 TOTAL CHECKS TO PRINT: 5 ERRORS: 0 WARNINGS: 0 PAGE: 2 PAYMENT OUTSTANDING DISCOUNT 0.00 0.00 0.00 0.00 0.00 0.00 83,616.40CR 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 83,616.40CR 0.00 0.00 COUNCIL AGENDA ITEM AGENDA TYPE ❑ Regular ❑ Special Consent Reviewed by Finance ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes IH Not Applicable El Yes Not Applicable Council Meeting Date: December 15, 2008 Submitted By: Mike Brice City Manager Reviewed/Approval Initials � � Date i :2-1jo p ACTION REQUESTED: ❑ORDINANCE ❑ RESOLUTION APPROVAL ❑ CHANGE ORDER ® AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ REAPPOINTMENTS AGENDA CAPTION Award Bid to Auldridge Griffin, C.P.A. on Audit Services for Fiscal Year 2007/2008. FINANCIAL SUMMARY ❑N/A ❑GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CI P ❑BUDGETED ❑NON -BUDGETED FISCAL YEAR: PRIOR YEAR CURRENT YEAR FUTURE YEAR(S) TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM STAFF OPTIONS & RECOMMENDATION Recommend approval. List of Supporting Documents/Exhibits Attached: Agreement Prior Action/Review by Council, Boards, Commissions or Other Agencies: I T.,..b T A,,1AAA" Tr f PA _. _ . _ _ November 24, 2008 Honorable Mayor and City Council City of Sanger, Texas Rear Mayor &City Council; We are please to confirm our multi -year engagement with the City of Sanger, Texas l provide audit services to the City. Per the proposal which you have already received, we will provide the services as outlined in that proposal. This letter signed by you will confirm our understanding and your acceptance. As previously discussed based on the new audit requirements as separate signed engagement letter is required for each year. If you would also please sign and return copy to us Please keep one copy of each far your records. 6300 Rid�lea Place, Suite 810 • b'ort Worth, TX 76116 (Phone: 817,558.4000 � y�,ww,auldridge.COzn 131 S. Westmeadow Drive, Suite 240 •Cleburne, TX 76Q33 � Phone: 817.641.1000 * dge An 1P Aul riEfin i ,vrt.i.ri(?d FYtt#tic Ae crortm€a3.ryts jack L. Auidridge, Jr., CFA W. L. "Woody" Mathews, Jr., CPA Kenneth L. von Tungeln, CPA Michael D. Dunlap, CPA Karen O. Thompson, CPA November 24, 2008 Honorable Mayor and City Council City of Sanger, Texas Z7ear Mayor &City Council; Michael W. Griffin, CFA John A. Stanbury CPA Keith A. Hollar, CPA Kenneth W. Sanders, CPA Patricia C. Hunter, CPA We are pleased to confirm our understanding of the services we axe to provide the City of Sanger, Texas (the City) for the year ended September 30, 2008. We will audit the financial statements of the governmental activities, the business.type 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, 2008. 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 in the first paragraph 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 Auuditing Standards, issued by the Comptroller General tof 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. 6300 Ridglea Place, Suite 810 www.auldridge.com 131 S. Westmeadow Dr, Suite 200 Fort Worth, Texas 76116 Cleburne, Texas 76033 (817) 5584000 Fax (888) 265-3884 (817) 641-1000 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 Govetnmerat 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 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. genera�ily 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 uiclude 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 dxaft of your financial statements and related notes. Yau 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 maintainuig internal cantraIs, 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 business - type activities, the aggregate discretely presented component units, each major farad, 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 progams and controls to prevent and detect fraud, and for informing us about all known or suspected fraud or illegal acts affecting 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 2 addition, you are responsible far 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. 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 curxent findings, conclusions, and recommendations, as well as your planned corrective actions. Audit Procedures -- General An audit includes examining, an 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 perforni 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 chat 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 AudBting 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 came 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 liunited 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 urternal controls, 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 staterrzents. Our tests, if performed, will be less in scope than would be necessary to render an opinion on 3 internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. 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 material misstatement, we will perform tests of the City's compliance with applicable laws aid 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. We will provide copies of our reports to the City; however, management is responsible for 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 6e requested to make certain audit documentation available to the U.S. Government Accountability Office ar 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. zf 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 December 2008 and to issue our reports no later than January 30, 2009. Commencement of this audit engagement is contingent upon satisfactory discussions with the Gity's predecessor auditor and review of their 2007 work papers. Mr. Woody Mathews is the engagement partner and will be responsible for supervising the engagement and signing the reports. Our fee for these services will be at our standard hourly rate plus out-of-pocket costs (such as report reproduction, word processing, postage, travel, copies, telephone, etc.), except that we agree that our gross fee, including expenses, will be $15,000 for the year ended September 30, 200$. Our standard hourly rates vary to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for these fees will be rendered every two weeks as work progresses and are payable on presentation. th accordance with our firm policies, work may be suspended if your account becomes 60 days or more overdue and may not be zesurned until your account is paid in full. If we elect to terminate our services for nonpayment, our engagement will be deemed to, have been completed upon written notification of termination, even if we have not completed 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 daie of termination. The above fee is based on anticipated cooperation Pram your personnel and the assumption that unexpected circumstances will not be encountered during the audit. Tf significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. 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. Tf you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. This letter correctly sets forth the understanding of the City of Sanger, Texas. By: Title: Date: 5 COUNCIL AGENDA ITEM AGENDA TYPE 0 Regular ❑ Special Consent Reviewed by Finance ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes ❑ Not Applicable ❑ Yes ❑ Not Applicable Council Meeting Date: December 15, 2008 Submitted By: Vicky Elieson City Manager Reviewed/Approval Initials 004N Date ACTION REQUESTED: ❑ORDINANCE ❑ RESOLUTION ® APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ REAPPOINTMENTS AGENDA CAPTION Integrated Library System Agreement 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 $5853 $3016 / ear BALANCE FUND(S) TO BE USED: General N$ 1098 Utility ❑ $ Special ® $_4755_ BACKGROUND/SUMMARY OF ITEM As part of the North Texas Library Consortium, we have been working toward a new automation system that will allow us to search the collections of twelve other small libraries, borrow items from them and have them delivered by courier. This is the formal agreement establishing our participation. The system should be up and running by the end of summer. STAFF OPTIONS & RECOMMENDATION Recommend approval. Integrated Library System Agreemen: List of Supporting Documents/Exhibits Attached:=NTRLS) IIS Services Agreement (Equinox & ion/Review by Council, Boards, Commissions or Other Library Board discussions, approval in current budget To: Mike Brice From: Vicky Elieson, Library Director Date: November 25, 2008 Re: Integrated Library System Agreement Accompanying this memo are two originals of the Integrated Library System Agreement. This is a major step forward as the North Texas Library Consortium moves toward having a shared automation system. The Agreement references the North Texas Regional Library System's ILS Services Agreement with Equinox. So I have included a copy of that agreement as well. Please sign the Integrated Library System Agreement and return one copy to the North Texas Regional Library System office. Thanks Noah Texas Regional Library System, Inc. 6320 Southwest Blvd., Suite 101 Fort Worth, Texas 76109 Phone: 817/377-4440 800/856-3050 Date: November 17, 2008 From: Adam Wright, Executive Director To: North Texas Library Consortium Members RE: Agreement for SILS Project Fax: 817/377-8020 800/856-8020 Please find two agreements enclosed. Please have someone with signature authority sign both copies and send one back to me at the System office as soon as possible. You should have received a copy of the Equinox agreement via email. If you have not, please let me know and I will send you one. Board ojDirectors Joseph Browner, Treasurer Barbara Chayer, Chair Cecil Carter, Parliamentarian Patricia Jefferson, Secretary Ray Stephens, Vice -Chair Dana Wood Kenneth Haas Bill Whiteside Kay Clark TNTEGRATED LIBRARY SYSTEM A THIS INTEGRATED LIBRARY SYSTEM AGREEMENT ("Agreement") is made and entered into effective December, 2008, by and between North Texas Regional Library System ("Library S stem") and Sanger Public Library ("Librar "). INTRODUCTORY PROVISIONS WHEREAS, Library System has the opportunity to enter into, or has previously entered into, an ILS Services Agreement (the "Contract") with Equinox Software, Inc. ("Equinox"); and WHEREAS, pursuant to the Contract, Equinox would install EVERGREEN software ("Software") on a server housed by Equinox and perform the initial migration (the "Installation") of the bibliographic, item, patron, and other data ("Data") of various participating libraries into an electronic database ("Database"), and allow such participating libraries Internet access to the Database; and WHEREAS, Equinox would also provide the participating libraries with training on the Software "Training" ,technical su ort services "Technical Su ort" ,and hostin "Hostin " ( ) pp ( PP ) g (—� services (Installation, Training, Technical Support, and Hosting are sometimes collectively referred to herein as the "Services"), all as more fully described in the Contract, for an initial one (1) year term (the "Initial Term") beginning on the Contract's "go live" date (as such term is defined in the Contract); and WHEREAS, Library System is willing to enter into the Contract for the benefit of the participating libraries, including without limitation, the Library, conditioned upon, among other things, Library's agreements herein. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, in the event Library System enters into the Contract, the Parties agree as follows: 1. In consideration for Library's access to the Software and Services for the Initial Term, Library agrees to pay Library System $5853, which amount shall include participation in one training session. If Library requests additional training from Equinox, Library shall be billed $1,000.00 per day, per Equinox trainer, for on -site training, plus travel related expenses, and $750.00 per day, per Equinox trainer, for remote training, unless otherwise agreed to in writing by Library System. All payments shall be due and payable upon receipt of an invoice for such amounts from Library System. All payments shall be made to the address set forth at the end of this Agreement for Library System. C 2. Library stipulates and agrees that (i) Library System is entering into the Contract in order to provide the participating libraries, including without limitation, the Library, with access to the Software and Services, at pricing Library could not otherwise receive, (ii) Library System shall have no liability to Library for the performance of the Software or Database or the provision of Services, and Library shall pursue any claims arising out of or related to the Software, Services, or Contract directly from Equinox, and (iii) Library shall not violate any terms and conditions of the Contract that are applicable to Customer (as if Library were the Customer under the Contract), including without limitation, with respect to confidentiality, proprietary rights, licenses granted therein, or prohibited uses of the Software or Database, and will promptly notify Library System in the event of any known violation of the Contract by Equinox, Library or its patrons. Library shall indemnify Library System from any liability in connection with Library's breach of this Agreement or the Contract. 3. For purposes of Installation, Library shall timely provide Equinox with the data identified in Schedule 1 of the Contract in the format described therein, and shall cooperate with Equinox in connection with such Installation. Library has already confirmed its ability to provide the data in the format required by the Contract. Following Installation, Library stipulates and agrees that Library shall be solely responsible for updating, uploading, and maintaining its Data and all other information and/or materials on, within, displayed, linked or transmitted to, from or through the Database. Library System shall have no obligation to reimburse Library for any expenses or costs Library incurs in connection with any of the foregoing responsibilities, nor shall Library System have any obligation to monitor the Database. Library hereby authorizes Library System and/or Equinox to use its logos, if any, on the Database. 4. Library acknowledges receipt of the Contract and agrees to abide by the terms therein that are applicable to Customer (as if Library were the Customer under the Contract). 5. Library System may terminate Library's access to the Database in the event of any default by Library under this Agreement. 6. Library stipulates and agrees that Library System shall have no obligation to extend the Contract beyond the Initial Term; provided, however, in the event the Contract is extended, Library acknowledges that additional charges will be payable by Library. 7. Each of the signatories to this Agreement has full right and authority to execute and deliver this Agreement. This Agreement has been duly authorized, executed and delivered by each party, and their respective obligations hereunder are not in contravention of any law, agreement or restriction to which either party is subject. [Signatures appear on following page.J r►a EXECUTED to be effective on the date first written above. Saner Public Library By: Printed Name: Title: NORTH TEXAS REGIONAL LIBRARY SYSTEM By: Wright, Director Address and Telephone: 6320 Southwest Blvd., Suite 101 Fort Worth, Texas 76109 (817) 377-4440 3 CITY OF SANGER COUNCIL AGENDA ITEM AGENDA TYPE ❑ Regular ❑ special F>Q Consent Reviewed by Finance ❑ Yes ® Not Applicable ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes ❑ Not Applicable Council Meeting Date: Submitted By: December 1, 2008 Rose Chavez City Manager Reviewed/Approval Initials ' Date dil ACTION REQUESTED: ❑ORDINANCE ® RESOLUTION # ® APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION 1. Consider and Possible Action to Adopt Resolution #R 1247-08, Providing for a New Article #13.26, Establishing an Identity Theft Prevention Program, To Set out Definitions, Policies and Procedures for Implementation of the Identity Theft Prevention Program Pursuant to the Federal Trade Commission's Red Flags Rule. FINANCIAL SUMMARY ❑N/A ❑GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CI P ❑BUDGETED ❑NON -BUDGETED PRIOR CURRENT FUTURE FISCAL YEAR: YEAR YEAR YEARS TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM The purpose in establishing an Identity Theft Prevention Program is designed to detect, prevent and mitigate identity theft in connection with the opening of a covered account or and existing account and to provide for continued administration of the Program in compliance with Part 681 of Title 16 of the Code of Federal Regulations implementing Sections 114 and 315 of the Fair and Accurate Credit Transactions. The Red Flag Rules defines Identity Theft as fraud committed using identifying information of another person as a pattern, practice, or specific activity that indicates the possible existence of Identity Theft. STAFF OPTIONS & RECOMMENDATION Recommends approval List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other Agencies: RESOLUTION #R1247-08 A RESOLUTION OF THE CITY OF BANGER, TEXAS, ESTABLISHING AN IDENTITY THEFT PREVENTION PROGRAM, TO SET OUT DEFINITIONS, POLICIES AND PROCEDURES FOR IMPLEMENTATION OF THE IDENTITY THEFT PREVENTION PROGRAM; TO PROVIDE A SAVINGS AND SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Federal Trade Commission adopted ruleOF 5 to an Identity Theft Prevention pursuant to the Red Flags Rule which implements Section 114 of the Fair and Accurate Credit Transactions Act of 2003 which requires that the creditors adopt an Identity Theft Prevention Program; and WHEREAS, the Red Flags Rule defines creditor to include all utility companies and the City owns and provides utility services and/or accepts payments for municipal utility services and is therefore classified as a creditor; and WHEREAS, the City Council has requested that the City personnel, including the City Attorney and the City Manager, to develop such Identity Theft Prevention Program and such personnel recommend the Identity Theft Prevention Program attached hereto and incorporated herein as Exhibit "A"("Program"); and WHEREAS, the City Council has reviewed the Program and believes it fulfills, complies and implements the Red Flags Rule and other requirements outlined by the Federal Trade Commission; and WHEREAS, the City Council finds that it is in the public's interest to approve the Program. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BANGER, TEXAS, THAT: Section 1. Findings. The forgoing recitals are hereby found to be true and correct and are hereby adopted by the City Council and made a part hereof for all purposes as findings of the fact. Section 2. Amendment. The Identity Theft Program described in Exhibit "A" attached hereto are hereby adopted for the City of Sanger as required by Federal law. Section 3. Implementation. All procedures and requirements of the Identity Theft Prevention Program shall be implemented as outlined in the Exhibit A. Section 4. All Resolutions of the City of Sanger in conflict with the provisions of the Resolution are hereby repealed to the extent of such conflict. Section 5. Should any sentence, paragraph, subdivision, clause, phrase or section of this Resolution be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this Ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional. Section 6. This Resolution shall take effect immediately from and after its passage, and it is accordingly so resolved. Section 7. Open Meeting. That it is hereby officially found and determined that the meeting at which this resolution is passed was open to the public as required and that public notice of the time, place, and purpose of said meeting was given as required by the Open Meeting Act, Chapter. 551, Loc. Gov't. Code. PASSED AND APPROVED on this CITY OF SANGER, TEXAS Mayor day of December, 2008. Attest Identity Theft Prevention Program Effective beginning , 2008 I. PROGRAM ADOPTION The City of Sanger developed this Identity Theft Prevention Program ("Program") pursuant to the Federal Trade Commission's Red Flags Rule ("Rule"), which implements Section 114 of the Fair and Accurate Credit Transactions Act of 2003. 16 C. F. R. § 681.2. This Program was developed for the Utility Department of the City of Sanger with oversight and approval of the City Council. After consideration of the size and complexity of the Utility's operations and account systems, and the nature and scope of the Utility's activities, the City Council determined that this Program was appropriate for the City of Sanger, and therefore approved this Program on 920080 II. PURPOSE AND DEFINITIONS A. Establish an Identity Theft Prevention Program To establish an Identity Theft Prevention Program designed to detect, prevent and mitigate identity theft in connection with the opening of a covered account or an existing covered account and to provide for continued administration of the Program in compliance with Part 681 of Title 16 of the Code of Federal Regulations implementing Sections 114 and 315 of the Fair and Accurate Credit Transactions Act (FACIA) of 2003. B. Establishing and Fulfilling Requirements of the Red Flags Rule The Red Flags Rule ("Rule") defines "Identity Theft" as "fraud committed using the identifying information of another person" and a "Red Flag" ("Red Flag") as a pattern, practice, or specific activity that indicates the possible existence of Identity Theft. Under the Rule, every financial institution and creditor is required to establish an "Identity Theft Prevention Program" tailored to its size, complexity and the nature of its operation. The Program must contain reasonable policies and procedures to: ■ Identify relevant Red Flags for new and existing covered accounts and incorporate those Red Flags into the Program; ■ Detect Red Flags that have been incorporated into the Program; Respond appropriately to any Red Flags that are detected to prevent and mitigate Identity Theft; and ■ Respond appropriately to any Red Flags that are detected to prevent and mitigate Identity Theft ;and ■ Ensure the Program is updated periodically, to reflect changes in risks to customers or to the safety and soundness of the creditor from Identity Theft. C. Red Flags Rule definitions used in this Program City: City: The City of Sanger, Texas, Covered Account: Under the Rule, a "covered account" is. ■ Any account the Utility offers or maintains primarily for personal, family or household purposes, that involves multiple payments or transactions; and ■ Any other account the Utility offers or maintains for which there is a reasonably foreseeable risk to customers or to the safety and soundness of the Utility from Identity Theft, Creditors: The Rule defines creditors "to include finance companies, automobile dealers, mortgage brokers, utility companies, and telecommunications companies. Where non. profit and government entities defer payment for goods or services, they, too, are to be considered creditors." Identifying Information is defined under the Rule as "any name or number that may be used, alone or in conjunction with any other information, to identify a specific person," including: name, address, telephone number, social security number, date of birth, government issued driver's license or identification number, alien registration number, government passport number, employer or taxpayer identification number, unique electronic identification number, computer's Internet Protocol address, or routing code. Pro rg am: The Identity Theft Prevention Program for the City of Sanger. Program Administrator: The City Manger or his designee is the Program Administrator. Utility: The Utility is the Utility Department for the City of Sanger. III. IDENTIFICATION OF RED FLAGS. In order to identify relevant Red Flags, the Utility considers the types of accounts that it offers and maintains, the methods it provides to open its accounts, the methods it provides to access its accounts, and its previous experiences with Identity Theft. The Utility identifies the following Red Flags, in each of the listed categories: A. Suspicious Documents Red Flags ■ Identification document or card that appears to be forged, altered or inauthentic; ■ Identification document or card on which a person's photograph or physical description is not consistent with the person presenting the document; ■ Other document with information that is not consistent with existing customer information (such as if a person's signature on a check appears forged); and ■ Application for service that appears to have been altered or forged. B. Suspicious Personal Identifying Information ■ Identifying information presented that is inconsistent with other information the customer provides (example: inconsistent birth dates, lack of correlation between Social Security number range and date of birth), ■ Identifying information presented that is inconsistent with other sources of information (for instance, Social Security number or an address not matching an address on a credit report); Identifying information presented that is the same as information shown on other applications that were found to be fraudulent; ■ Identifying information presented that is consistent with fraudulent activity (such as an invalid phone number or fictitious billing address), ■ Social Security number presented that is the same as one given by another customer; ■ An address or phone number presented that is the same as that of another person; ■ A person fails to provide complete personal identifying information on an application when reminded to do so (however, by law social security numbers must not be required) or an applicant cannot provide information requested beyond what could commonly be found in a purse or wallet; and ■ A person's identifying information is not consistent with the information that is on file for the customer. C, Suspicious Account Activity or Unusual Use of Account Red Flays ■ Change of address for an account followed by a request to change the account holder's name; ■ Payments stop on an otherwise consistently up-to-date account; ■ Account used in a way that is not consistent with prior use (example: very high activity); ■ Mail sent to the account holder is repeatedly returned as undeliverable; ■ Notice to the Utility that a customer is not receiving mail sent by the Utility; ■ Notice to the Utility that an account has unauthorized activity; ■ Breach in the Utility's computer system security; and ■ Unauthorized access to or use of customer account information. D. Alerts from Others Red Flay Notice to the Utility from a customer, identity theft victim, fraud detection service, law enforcement or other person that it has opened or is maintaining a fraudulent account for a person engaged in Identity Theft. IV. DETECTING RED FLAGS. A. New Accounts In order to detect. any of the Red Flags identified above associated with the opening of a new account, Utility personnel will take the following steps to obtain and verify the identity of the person opening the account: Detect ■ Require certain identifying information such as name, date of birth, residential or business address, principal place of business for an entity, driver's license or other identification; ■ Verify the customer's identity (for instance, review a driver's license or other identification card); Review documentation showing the existence of a business entity; ■ Request additional documentation to establish identity; and ■ Independently contact the customer or business. B. Existing Accounts In order to detect any of the Red Flags identified above for an existing account, Utility persorulel will take the following steps to monitor transactions with an account: Detect ■ Verify the identification of customers if they request information (in person, via telephone, via facsimile, via email); ■ Verify the validity of requests to close accounts or change billing addresses; and ■ Verify changes in banking information given for billing and payment purposes. V. PREVENTING AND MITIGATING IDENTITY THEFT In the event Utility personnel detect any identified Red Flags, such personnel shall take one or more of the following steps, depending on the degree of risk posed by the Red Flag. Prevent and Mitiraate ■ Continue to monitor an account for evidence of Identity Theft; ■ Contact the customer, sometimes through multiple methods; ■ Change any passwords or other security devices that permit access to accounts; ■ Not open a new account, ■ Close an existing account; ■ Do not close the account, but monitor or contact authorities; ■ Reopen an account with a new number; ■ Notify the Program Administrator for determination of the appropriate step(s) to take; ■ Notify law enforcement; or ■ Determine that no response is warranted under the particular circumstances. Protect customer identifying information In order to further prevent the likelihood of identity theft occurring with respect to Utility accounts, the Utility will take the following steps with respect to its internal operating procedures to protect customer identifying information. ■ Ensure that its website is secure or provide clear notice that the website is not secure, ■ Where and when allowed, ensure complete and secure destruction of paper documents and computer files containing customer information; ■ Ensure that office computers are password protected and that computer screens lock after a set period of time; ■ Change passwords on office computers on a regular basis; ■ Ensure all computers are backed up properly and any backup information is secured; ■ Keep offices clear of papers containing customer information; ■ Request only the last 4 digits of social security numbers (if any); ■ Ensure computer virus protection is up to date; and ■ Require and keep only the kinds of customer information that are necessary for utility purposes. VI. PROGRAM UPDATES This Program will be periodically reviewed and updated to reflect changes in risks to customers and the soundness of the Utility from Identity Theft. At least annually, the Program Administrator will consider the Utility's experiences with Identity Theft situation, changes in Identity Theft methods, changes in Identity Theft detection and prevention methods, changes in types of accounts the Utility maintains and changes in the Utility's business arrangements with other entities, consult with law enforcement authorities, and consult with other City personnel. After considering these factors, the Program Administrator will determine whether changes to the Program, including the listing of Red Flags, are warranted. If warranted, the Program Administrator will update the Program or present the City Council with his or her recommended changes and the City Council will make a determination of whether to accept, modify or reject those changes to the Program. A. Oversight Responsibility for developing, implementing and updating this Program lies with the Program Administrator who is the City Manager or his designee. The Program Administrator will be responsible for the Program administration, for ensuring appropriate training of Utility staff on the Program, for reviewing any staff reports regarding the detection of Red Flags and the steps for preventing and mitigating Identity Theft, determining which steps of prevention and mitigation should be taken in particular circumstances and considering periodic changes to the Program. B. Staff Training and Reports Initially, all Utility staff shall be trained either by or under the direction of the Program Administrator in the detection of Red Flags, and the responsive steps to be taken when a Red Flag is detected. Thereafter, all Utility staff shall undergo update training not less than annually. Additionally, all new Utility employees shall undergo training. Incidents of Identity Theft are to be reported inunediately to the Program Administrator, and a report prepared which shall contain a recap of the incident and include the steps taken to assist with resolution of the incident. C. Specific Program Elements and Confidentiality For the effectiveness of Identity Theft Prevention Programs, the Red Flag Rule envisions a degree of confidentiality regarding the Utility's specific practices relating to Identity Theft detection, prevention and mitigation. Therefore, under the Program, knowledge of such specific practices are to be limited to those employees who need to know them for purposes of preventing Identity Theft. Because the Program is to be adopted by a public body and thus publicly available, it would be counterproductive to list these specific practices here. Therefore, only the Program's general Red Flag detection, implementation and prevention practices are listed in this document. CK�Iih[��I:�lf �1►117:\ (1 Y flu l AGENDA TYPE ❑ Regular ❑ Special ® Consent Reviewed by Finance ® Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes ❑ Not Applicable ® Yes ❑ Not Applicable Council Meeting Date: December 15, 2008 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 Recommendation of Award to KSA Engineers, Inc. for Water and Wastewater Systems Master Plan for a total amount of $93,100 dollars. FINANCIAL SUMMARY ❑N/A ❑GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CI P ❑BUDGETED ❑NON -BUDGETED FISCAL YEAR: PRIOR YEAR CURRENT YEAR FUTURE YEARS TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM Staff met with three engineering firms to discuss the water and wastewater system modeling and development of impact fee study and schedule. KSA Engineers, Inc. was selected based upon their qualifications and company staffing sources. Staff felt KSA Engineers, Inc. staffing level and knowledge with dealing with small communities were some of the major key components in their selection. STAFF OPTIONS & RECOMMENDATION Staff recommends award of contract to KSA Engineers, Inc. for the amount of the $93,100 dollars. List of Supporting Documents/Exhibits Attached: Master Agreement and Task Order One Prior Action/Review by Council, Boards, Commissions or Other Agencies: Thus document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Law, STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER PROFESSIONAL SERVICES TASK ORDER EDITION Prepal•ed by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE Issued and Published Jointly by A C L U National Sociefy of Professional Engineers AMERIC.W COUNCIL OF Em NEMING COMMM" Professional Engineers in Private Practice ��American Society of Civil Engineers PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN COUNCIL OF ENGINEERING COMPANIES AMERICAN SOCIETY OF CIVIL ENGINEERS Tlus Agreement has been prepared for use with the Standard General Conditions of the Construction Contract (No. C-700, 2002 Edition) of the Engineers Joint Contract Documents Cormnittee. Their provisions are interrelated, and a change in one may necessitate a change in the other. EJCDC No. E-505 (2003 Edition) EJCDC E-505 Standard Form of Agreement Behecen Owner and Engineer for Professional Services —Task Order Edition Copyright O 2003 National Society of Professional Engineers for EJCDC. Ali rights resened. Copyright© 2003 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 70M84-2882 www.nsppe,or g American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 202-347-7474 www.acec.or� American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 80M48-2723 www.asce.org GJCDC �-505 Standard Porm of Agreement Behveen Owner and Cngineer for Professional Sei•�ices—Task order Edition copyrignr O 2003 National Society of Professional 1Jngineers for CJCDC. All rights reserved. TABLE OF CONTENTS Page Article 1—SERVICES OF ENGINEER 1 L01Scope..........................................................................................................................................0 1 1.02 Task Order Procedure................................................................................................................. 1 Article 2 — OWNER'S RESPONSIBILITIES 1 2.01 General........................................................................................................................................1 Article 3 —TERM; TIMES FOR RENDERING SERVICES 2 3.01 Term............................................................................................................................................ 2 3.02 Times for Rendering Services.................................................................................................... 2 Article 4 —PAYMENTS TO ENGINEER 2 4.O 1 Invoices, a & 6 a 6 6 6 1 6 a R a * 0 0 0 V 4 0 a 0 0 6 0 9 6 a 6 0 0 0 6 a 0 R 4 R 0 0 5 a a a a 0 a 0 a 0 6 0 a 0 a 6 a a a a a a 0 a a a a a a a a a a 0 R & 6 a & a a a a a a 9 a 0 a a 4 1 4 a a a 0 a 0 a a 0 6 0 6 0 4 6 4 6 6 & a a 0 a 42 4.02 Payments..................................................................................................................................... 3 Article 5 —OPINIONS OF COST 3 5.01 Opinions of Probable Construction Cost. . 3 5.02 Designing to Construction Cost Limit........................................................................................ 3 5.03 Opinions of Total Project Costs. . 4 0 0 0 6 a a 4 4 a a a 0 4 0 a 0 0 a a a 0 a 6 a f 2 a a B a a 0 1 R 0 9 V 4 4 N 0 a 0 6 8 * a a a 6 0 4 a a a 4 4 4 0 4 0 1 9 4 0 4*66444A 4 Article 6 —GENERAL CONSIDERATIONS 4 6.01 Standards of Performance.......................................................................................................... a 4 6.02 Design Without Construction Phase Seivices............................................................................ 5 6.03 Use of Documents.... Bad*@ 65*0908601 Pat Re Re to&** to at at t000t000 0000#4v *at Pat as is 5 6.04 Insurance..................................................................................................................................... 6 6.05 Suspension and Te>mination....................................................................................................... 7 6.06 Controlling Law.......................................................................................................................... 8 6.07 Successors, Assigns, and Beneficiaries...................................................................................... 8 6.08 Dispute Resolution...................................................................................................................... 9 6.09 Environmental Condition of Site................................................................................................ 9 6.10 Indemnification and Mutual Waiver........................................................................................ 10 6.11 Miscellaneous Provisions......................................................................................................... 11 Article 7 —DEFINITIONS 12 7.01 Defined Terms...........................................................................................................................12 Article 8 —EXHIBITS AND SPECIAL PROVISIONS 17 8.01 Exhibits......................................................................................................................................17 8.02 Total Agreement... 9 a w a 9 0 0 0 a 0 0 R 4 a 9 a 4 0 V 0 0 a 4 0 a 0 a I a a 4 a 4 a 9 4 a I a a a 0 a 0 6 0 9 4 9 4 9 0 4 1 a 9 0 4 0 a 0 a a a 0 a a 0 V 0 6 0 0 a 4 a 6 1 0 9 1 0 0 0 0 a a 0 0 0 4 0 0 a a 0 a 0 0 8 a a 0 1 0 17 8.03 Designated Representatives....................................................................................................Re 17 1✓JCDC No. );-505 Standard corm of Agreement Behveen owner and )Jngineer for Professional Services -Task Order )edition Copyright O 2003 National Society of Nrofessional );ngineers for 1;,ICDC. All rights reserved. STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES TASK ORDER EDITION THIS IS AN AGREEMENT effective as of ("Effective Date") between City of Sanger, Texas ("Owner") and KSA Engineers, Inc. ("Engineer"). From time to time Owner may request that Engineer provide professional services for Specific Projects. Each engagement will be documented by a Task Order. This Agreement sets forth the general terms and conditions which shall apply to all Task Orders duly executed under this Agreement. Owner and Engineer agree as follows: ARTICLE 1—SERVICES OF ENGINEER 1.01 Scope A. Engineer's services will be detailed in a duly executed Task Order for each SpecificProject. Each Task Order will indicate the specific tasks and fitnctions to be performed and deliverables to be provided. Basic and Additional Services that may be included in a Task Order are set forth in Exhibit A, "Schedule of Engineer's Services." B. The general format of a Taslc Order is shown in Attaclunent 1 to this Agreement. C. This Agreement is not a conunitment by Owner to Engineer to issue any Taslc Orders. D. Engineer shall not be obligated to perform any prospective Taslc Order Unless and until Owner and Engineer agree as to the particulars of the Specific Project, Engineer's services, Engineer's compensation, and all other appropriate matters. l .02 Task Order Procedure A. Owner and Engineer shall agree on the scope, time for performance, and basis of compensation for each Task Order. Each duly executed Task Order shall be subject to the terms and conditions of this Agreement. B. Engineer will continence performance as set forth in the Task Order. ARTICLE 2 — OWNER'S RESPONSIBILITIES 2.01 General A. Owner shall have the responsibilities set forth herein, in Exhibit B, "Schedule of Owner's Responsibilities," and in each Task Order. EJCDC No. E-505 Standard Form of Agreement Between Owner and Engineer for Professional Services —Task Order Edition Copyright O 2003 National Society of Professioul Engineers for EJCDC. All rights reserved. Pau I of 18 B. Owner shall pay Engineer as set forth in Exhibit C. C. Owner shall be responsible for, and Engineer may rely upon, the accuracy and completeness of all requirements, programs, instructions, reports, data, and other information furnished by Owner to Engineer pursuant to this Agreement. Engineer may use such requirements, programs, instructions, reports, data, and information in performing or furnishing services under this Agreement. ARTICLE 3 —TERM; TIMES FOR RENDERING SERVICES 3.01 Ter•rn A. This Agreement shall be effective and applicable to Task Orders issued herewider for _five_ years from the Effective Date of the Agreement. B. The parties may extend or renew this Agreement, with or without changes, by written instrument establishing a new term. 3.02 Times for Rendering Services A. The times for performing services or providing deliverables will be stated in each Task Order. If no times are so stated, Engineer will perform services and provide deliverables within a reasonable time. B. If, tluough no fault of Engineer, such periods of time or dates al•e changed, or the orderly and continuous progress of Engineer's services is impaired, or Engineer's services are delayed or suspended, then the time for completion of Engineer's services, and the rates and amounts of Engineer's compensation, shall be adjusted equitably. C. If Owner authorizes changes in the scope, extent, or character of the Specific Project, then the time for completion of Engineer's services, and the rates and amounts of Engineer's compensation, shall be adjusted equitably. D. Owner shall make decisions and carry out its other responsibilities in a timely mariner so as not to delay the Engineer's performance of its services. E. If Engineer fails, through its own fault, to complete the performance required in a Task Order within the time set forth, as duly adjusted, then Owner shall be entitled to the recovery of direct damages resulting from such failure. ARTICLE 4 —PAYMENTS TO ENGINEER 4.01 Invoices A. Preparation and Submittal- of Invoices its standard invoicing pl•actices, the Engineer shall submit its invoices to payable within 30 days of receipt, Engineer shall prepare invoices in accordance with terms of Exhibit C, and the specific Task Order. Owner on a monthly basis. Invoices are due and EJCDC No. E-505 Standard Porm of Agreement Bchvecn Owner and Engineer for Professional Services —Task Order Edition Copyright ©2003 National Socicly of Professional Engineers for EJCDC. All rights reserved. Paee 2 of 18 4.02 Payments A, Application to Interest and Principal. Payment will be credited first to any interest owed to Engineer and then to principal. B. Failure to Pay. If Owner fails to make any payment due Engineer for services and expenses within 30 days after receipt of Engineer's invoice, then: 1. the compounded amount due Engineer will be increased at the rate of 1.0% per month (or the maximum rate of interest permitted by law, if less) from said thirtieth day; and 2. Engineer may, after giving seven days written notice to Owner, suspend services under any Task Order issued until Owner has paid in full all amounts due for services, expenses, and other related charges. Owner waives any and all claims against Engineer for any such suspension. C. Disputed Invoices. If Owner contests an invoice, Owner may withhold only that portion so contested, and must pay the undisputed portion. D. Legislative Actions. If after the Effective Date of a Task Order any governmental entity takes a legislative action that imposes taxes, fees, or charges on Engineer's services or compensation under the Task Order, then the Engineer may invoice such new taxes, fees, or charges as a Reimbursable Expense to which a factor of 1.0 shall be applied. Owner shall pay such invoiced new taxes, fees, and charges; such payment shall be in addition to the compensation to which Engineer is entitled under the terms of Exhibit C and the specific Task Order. ARTICLE 5 —OPINIONS OF COST 5.01 Opinions of Probable Construction Cost A. Engineer's opinions of probable Construction Cost are to be made on the basis of Engineer's experience and qualifications and represent Engineer's best judgment as ail experienced and qualified professional generally familiar with the construction industry. However, since Engineer has no control over the cost of labor, materials, equipment, or services furiushed by others, or over contractors' methods of determining prices, or over competitive bidding or market conditions, Engineer cannot and does not guarantee that proposals, bids, or actual Construction Cost will not vary from opinions of probable Construction Cost prepared by Engineer. If Owner wishes greater assurance as to probable Construction Cost, Owner shall employ an independent cost estimator as provided in Exhibit B. 5.02 Designing to Construction Cost Lirnit A. If a Construction Cost limit is established between Owner and Engineer in a Task Order, Engineer's rights and responsibilities with respect thereto will be governed by Exhibit F, "Construction Cost Limit," to this Agreement. 1rJCDC No. )✓-505 Standard Porm of Agreement Behveen O+vner and );nginecr for Professional Services —Task Order )edition Copyright ©2003 National Society of Professional )Jnginecrs for )rJCDC. All rights reserved. Pace 3 of 18 5.03 Opinions of Total Project Costs A. The services, if any, of Engineer with respect to Total Project Costs for a Specific Project shall be limited to assisting the Owner in collating the various cost categories which comprise Total Project Costs. Engineer assumes no responsibility for the accuracy of any opinions of Total Project Costs, ARTICLE 6 —GENERAL CONSIDERATIONS 6.01 Standards of Per forrnance A. The standard of care for all professional engineering and related services pelforrned or furnished by Engineer under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. Engineer makes no warranties, express or implied, under this Agreement or otherwise, in connection with Engineer's services. B. Ownner shall not be responsible for discovering deficiencies in the technical accuracy of Engineer's services. Engineer shall correct any such deficiencies in technical accuracy without additional compensation except to the extent such corrective action is directly attributable to deficiencies irr Owner4urnished information. C. Engineer shall serve as Owner's prime professional under each Task Order. Engineer may employ such Consultants as Engineer deems necessary to assist in the performance or furnishing of the services, subject to reasonable, timely, and substantive objections by Owner. D. Subject to the standard of care set forth in Paragraph 6.O1.A, Engineer and its Consultants may use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, manufacturers, suppliers, and the publishers of technical standards. E. Engineer and Owner shall comply with applicable Laws and Regulations and tlne Owner - mandated standards that Owner has provided to Engineer in writing. This Agreement is based on these requirements as of the Effective Date of each Task Order. Changes to these requirements after the Effective Date of each Task Order may be the basis for modifications to Owner's responsibilities or to Engineer's scope of services, times of performance, and compensation. F. Engineer shall not be required to sign any documents, no matter by who requested, that would result in Engineer having to certify, guarantee, or warrant the existence of conditions whose existence Engineer cannot ascertain within its services for that Specific Project. Owner agrees not to make resolution of any dispute with Engineer or payment of any amount due to the Engineer in any way contingent upon Engineer signing any such certification. G. Engineer shall not at any time supervise, direct, or have control over a Contractor's work, nor shall Engineer have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by a Contractor, for security or safety at any Site, for safety precautions and programs incident to a Contractor's work in EJCDC No. E-505 Standard Pm•m of Agreement Between Owner and Engineer for Professional Ser�rices —Task Order Edition Copyright ©2063 National Society of Professional Engineers for EJCDC. All rights reserved. Pase 4 of 18 progress, nor for any failure of a Contractor to comply with Laws and Regulations applicable to a Contractor's furnishing and performing the Work. H. Engineer neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furush and perform the Work in accordance with the Contract Documents. I. Engineer shall not be responsible for the acts or omissions of any Contractor, subcontractor, or supplier, or of any of their agents or employees or of any other persons (except Engineer's own employees and its Consultants) at a Site or otherwise furnishing or performing any of a Contractor's work; or for any decision made on interpretations or clarifications of the Contract Documents given by Owner without consultation and advice of Engineer. J. The General Conditions for any construction contract documents prepared hereunder are to be the "Standard General Conditions of the Construction Contract" as prepared by the Engineers Joint Contract Documents Committee (Document No. C-700, 2002 Edition) unless both parties mutually agree in a Task Order to use other General Conditions. 6.02 Design Wzthout Conshuction Phase Se�•>>ices A. For each design performed or furnished by Engineer, if Owner does n7ot retain Engineer, by Task Order or otherwise, for project observation, or review of a Contractor's performance, or any construction phase services, and such services will be provided by Owner or others, then (1) Engineer shall have no design or shop drawing review obligations during construction; (2) Owner assumes all responsibility for the application and interpretation of the Contract Documents, contract administration, construction observation and review, and all other necessary construction phase engineering and professional services; and (3) Owner waives any claims against the Engineer that may be in any way connected thereto. In such a case, Engineer's Basic Services under the applicable Task Order will be considered to be completed upon completion of the Final Design Phase or Bidding or Negotiating Phase as outlined in Exhibit A and the Task Order. 6.03 Use of Documents A. All Documents are instruments of service in respect to a Specific Project, and Engineer shall retain an ownership and property interest therein (including the copyright and the right of reuse at the discretion of the Engineer) whether or not the Specific Project is completed. Owner shall not rely in any way on any Document unless it is in printed form, signed or sealed by the Engineer or one of its Consultants. B. A party may rely that data or information set forth on paper (also known as hard copies) that the party receives from the other party by mail, hand delivery, or facsimile, are the items that the other party intended to send. Files in electronic media format of text, data, graphics, or other types that are furnished by one party to the other are furnished only for convenience, not reliance by the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. C. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the EJCDC No. E-505 Standard Form of Agreement Between Owner and Engineer for Professional Services —Task Order Edition Copyright © 2003 National Society of Professional Engineers for EJCDC. All rights reserved. Pave 5 of 18 receiving party shall be deemed to have accepted the data thus transferred. Any transmittal errors detected within the 60-day acceptance period will be corrected by the party delivering the electronic files. D. When transfering documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of such documents resulting fiom the use of software application packages, operating systems, or computer hardware differing from those used by the documents' creator. E. Owner may make and retain copies of Documents for information and reference in connection with use on the Specific Project by Owner. Engineer grants Owner a license to use the Documents on the Specific Project, extensions of the Specific Project, and other projects of Owner, subject to the following limitations: (1) Owner acknowledges that such Documents are not intended or represented to be suitable for use on the Specific Project unless completed by Engineer, or for use or reuse by Owner or others on extensions of the Specific Project or on any other project without written verification or adaptation by Engineer; (2) any such use or reuse, or any modification of the Documents, without written verification, completion, or adaptation by Engineer, as appropriate for the specific purpose intended, will be at Owner's sole risk and without liability or legal exposure to Engineer or its Consultants; (3) Owner shall indemnify and hold harmless Engineer and Engineer's Consultants from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from any use, reuse, or modification without written verification, completion, or adaptation by Engineer; (4) such linnited license to Owner shall not create any rights in third parties. F. If Engineer at Owner's request verifies or adapts the Documents for extensions of the Specific Project or for any other project, then Owner shall compensate Engineer at rates or in an amount to be agreed upon by Owner and Engineer. A. At all times when any Task Order is under performance, Engineer shall procure and maintain insurance as set forth in Exhibit G, "Insurance." Engineer shall cause Owner to be listed as an additional insured on any applicable general liability insurance policy carried by Engineer which is applicable to a Specific Project, B. At all times when any Task Order is under performance, Owner shall procure and maintain insurance as set forth in Exhibit G. Owner shall cause Engineer and its Consultants to be listed as additional insureds on any general liability or property insurance policies carried by Owner which are applicable to a Specific Project. C. Owner shall require Contractors to purchase and maintain general liability and other insurance in accordance with the requirements of Paragraph 5.04 of the Standard General Conditions of the Construction Contract (No. C-700, 2002 Edition) of the Engineers Joint Contract Documents Committee, and to cause Engineer and its Consultants to be listed as additional insureds with respect to such liability and other insurance purchased and maintained by Contractors. D. Owner and Engineer shall each deliver to the other certificates of insurance evidencing the coverages indicated in Exhibit G. Such certificates shall be furnished prior to EJCDC No. E-505 standard Form of Agreement Between Owner and Engineer for Professions( Services —Task order Edition Copyright 02003 National society of Professions( Engineers for EJCDC. All rights reserved. Page 6 of 18 commencement of Engineer's services under any Task Order and at renewals thereafter during the life of this Agreement. E. All policies of property insurance relating to a Specific Project shall contain provisions to the effect that Engineer's and its Consultants' interests are covered and that in the event of payment of any loss or damage the insurers will have no rights of recovery against Engineer or its Consultants, or any insureds or additional insureds thereunder. F. Under the terms of any Taslc Order, or after eonulleneement of performance of a Taslc Order, its Consultants, at Owner's sole expense, provide Owner may request that Engineer or additional insurance coverage, increased limits, or revised deductibles that are more protective than those specified in Exhibit G. If so requested by Owner, and if commercially available, Engineer shall obtain and shall require its Consultants to obtain such additional insurance coverage, different limits, or revised deductibles for such periods of time as requested by Owner. 6.05 Suspension and Terrnii�ation A. Suspension 1. By Owner: Owner may suspend a Task Order upon seven days written notice to Engineer. 2. By Engineer: If Engineer's services are substantially delayed through no fault of Engineer, Engineer may, after giving seven days written notice to Owner, suspend services under a Task Order. B. Termination. The obligation to provide fm-ther services under this Agreement, or under a Task Order, may be terminated: 1. For cause, a. By either party upon 30 days written notice in the event of substantial failure by the other party to perform ill accordance with the terms of this Agreement or any Task Order through no fault of the terminating party. b. By Engineer: 1) upon seven days written notice if Owner demands that Engineer fiirlush or perform services contrary to Engineer's responsibilities as a licensed professional; or 2) upon seven days written notice if the Engineer's services under a Task Order are delayed or suspended for more than 90 days for reasons beyond Engineer's control. 3) Engineer shall have no liability to Owner on account of such termination. c. Notwithstanding the foregoing, neither this Agreement nor the Task Order will terminate under Paragraph 6.OS.B.I.a if the party receiving such notice CJCDC No. G505 standard Form of Agreement Behveen Owner and Engineer for Professional Services —Task Order Edition Copyright ©2003 National society of Professional Engineers for Ii.TCDC. All rights reserved. Paee 7 of 18 begins, within seven days of receipt of such notice, to correct its substantial failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt thereof; provided, however, that if and to the extent such substantial failure cannot be reasonably cured within such 30 day period, and if such party has diligently attempted to cure the same and thereafter continues diligently to cure the same, then the cure period provided for herein shall extend up to, but in no case more than, 60 days after the date of receipt of the notice. 2. For convenience, a. By Owner effective upon Engineer's receipt of notice from Owner. C. Effective Date of Termination. The terminating parry under Paragraph 6.05.B may set the effective date of termination at a time up to 30 days later than otherwise provided to allow Engineer to demobilize personnel and equipment from the Site, to complete tasks whose value would otherwise be lost, to prepare notes as to the status of completed and uncompleted tasks, and to assemble Task Order materials in orderly files. D. Payments Upon Termination 1. In the event of any termination under Paragraph 6.05, Engineer will be entitled to invoice Owner and to receive full payment for all services performed or furnished and all Reimbursable Expenses incurred through the effective date of termination. Upon making such payment, Owner shall have the limited right to the use of Documents, at Owner's sole risk, subject to the provisions of Paragraph 6.03.E. 2. In the event of termination by Owner for convenence or by Engineer for cause, Engineer shall be entitled, in addition to invoicing for those items identified in Paragraph 6.05.D.1, to invoice Owner and to payment of a reasonable amount for services and expenses directly attributable to termuation, both before and after the effective date of termination, such as reassignment of personnel, costs of terminating contracts with Engineer's Consultants, and other related close-out costs, using methods and rates for Additional Services as set forth in Exhibit C. 6.06 Controlling La�v A. This Agreement is to be govellied by the law of the state in which the principal office of the Owner is located. 6.07 Successors, Assigns, and Beneficiaries A. .Owner and Engineer each is hereby bound and the partners, successors, executors, administrators and legal representatives of Owner and Engineer (and to the extent permitted by Paragraph 6.073 the assigns of Owner and Engineer) are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements and obligations of this Agreement. B. Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys that are due or may become due) in thus CJCDC No. );-505 Standard Form of Agreement Between Owner and Engineer for Professional Services —Task Order Edition Copyright ©2003 National Society of Professional Engineers for EJCDC. All rights reserved. Page 8 of 18 Agreement without the written consent of the other, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. C. Unless expressly provided otherwise in this Agreement: I. Nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner or Engineer to any Contractor, Contractor's subcontractor, supplier, other individual or entity, or to any surety for or employee of any of them. 2. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner and Engineer and not for the benefit of any other party. 3. The Owner agrees that the substance of the provisions of this Paragraph 6.07.0 shall appear in any Contract Documents prepared for any Specific Project under this Agreement. D. Owner agrees that the substance of the provisions of this Paragraph 6.07.0 shall appear in the Contract Documents. 6.08 Dispacte Resolution A. Owner and Engineer agree to negotiate all disputes between them in good faith for a period of 30 days from the date of notice prior to involving the procedures of Exhibit H or other provisions of this Agreement, or exercising their rights under law. B. If the parties fail to resolve a dispute through negotiation under Paragraph 6.08.A, then either or both may invoke the procedures of Exhibit H. If Exhibit H is not included, or if no dispute resolution method is specified in Exhibit H, then the parties may exercise their rights under law. 6.09 E�wironnzental Condition of Site A. With respect to each Task Order, Specific Project, and Site: I . Owner has disclosed to Engineer in writing the existence of all known and suspected Asbestos, PCBs, Petroletum, Hazardous Waste, Radioactive Material, hazardous substances, and other Constituents of Concern located at or near the Site, including type, quantity, and location. 2. Owner represents to Engineer that to the best of its knowledge no Constituents of Concern, other than those disclosed in writing to Engineer, exist at the Site. 3. If Engineer encounters an undisclosed Constituent of Concern, then Engineer shall notify (a) Owner and (b) appropriate goverrnrmental officials if Engineer reasonably concludes that doing so is required by applicable Laws or Regulations. 4. It is acknowledged by both parties that Engineer's scope of services does not include any services related to Constituents of Concern. If Engineer or any other party EJCDC No. E-505 standard Form of Agreement Bebveen Owner and Engineer for Professional Services — Task Order Edition Copyright 02003 National Society of Professional Engineers for EJCDC. All rights reserved. Page 9 of r8 encounters an undisclosed Constituent of Concern, or if investigative or remedial action, or other professional services, are necessary with respect to disclosed or undisclosed Constituents of Concern, then Engineer may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the Specific Project affected thereby until Owner: (1) retains appropriate specialist consultant(s) or contractor(s) to identify and, as appropriate, abate, remediate, or remove the Constituents of Concern; and (2) warrants that the Site is in full compliance with applicable Laws and Regulations. 5. If the presence at the Site of undisclosed Constituents of Concern adversely affects the performance of Engineer's services under this Agreement, then the Engineer shall have the option of (a) accepting an equitable adjustment m its compensation or in the time of completion, or both; or (b) terminating this Agreement for cause on 30 days notice. 6. Owner acknowledges that Engineer is perfornling professional services for Owner and that Engineer is not and shall not be required to become an "owner," "arranger," "operator," "generator," or "transporter" of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended, which are or may be encountered at or near the Site in connection with Engineer's activities under this Agreement. 6.10 Indemnification and IYlzrtual Waive� A. Indemnification by Engineer•. To the fullest extent permitted by law, Engineer shall indemnify and hold harmless Owner, and Owner's officers, directors, partners, agents, consultants, and employees from and against any and all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court, arbitration, or other dispute resolution costs) arising out of or relating to this Agreement, any Task Order, or any Specific Project, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission of Engineer or Engineer's officers, directors, partners, employees, or Consultants. The indemnification provision of the preceding sentence is subject to and limited by the provisions agreed to by Owner and Engineer ui Exhibit I, "Allocation of Risks," if any. B. Indemnification by 4mner^. To the fullest extent permitted by law, Owner shall indemnify and hold harmless Engineer, Engineer's officers, directors, partners, agents, employees, and Consultants from and against any and all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court, arbitration, or other dispute resolution costs) arising out of or relating to this Agreement, any Task Order, or any Specific Project, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission of Owner or Owner's officers, directors, partners, agents, consultants, or employees, or others retained by or under contract to the Owner with respect to this Agreement or to the Specific Project. EJCDC No. E-505 Standard Form of Agreement Between Owner and Engineer for Professional Services — Task Order Edition Copyright O 2003 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 10 of 18 C. Environmental Indemnification. In addition to the indemnity provided under Paragraph 6.10.B of this Agreement, and to the filllest extent permitted by law, Owner shall indemufy and hold harmless Engineer and its officers, directors, partners, agents, employees, and Consultants from and against any and all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals, and all court, arbitration, or other dispute resolution costs) caused by, arising out of, relating to, or resulting from a Constituent of Concern at, on, or under any Site, provided that (i) any such claim, cost, loss, or damage is attributable to bodily injury, sielmess, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (ii) nothing in this Paragraph shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence or willful misconduct. D. Percentage S1�rn-e of Negligence. To the filllest extent permitted by law, a party's total liability to the other party and anyone claiming by, through, or under the other party for any cost, loss, or damages caused in part by the negligence of the party and in part by the negligence of the other party or any other negligent entity or individual, shall not exceed the percentage share that the party's negligence bears to the total negligence of Owner, Engineer, and all other negligent entities and individuals. E. Muta�al Waives-. To the filllest extent permitted by law, Owner and Engineer waive against each other, and the other's employees, officers, directors, agents, insurers, partners, and consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to the Specific Project. 6.11 Miscellaneous Provisions A. Notices. Any notice required under this Agreement will be in w1•iting, addressed to the appropriate party at its address on the signature page and given personally, by facsimile, by registered or certified mail postage prepaid, or by a commercial courier service. All notices shall be effective upon the date of receipt. B. Survival. All express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive its completion or termination for any reason. C. Severability. Any provision or part of the Agreement held to be void or unenforceable. under any Laws or Regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Engineer, who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. D. Waiver, A party's non -enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. E. Accrual of Claims. To the fullest extent permitted by law, all causes of action arising under this Agreement shall be deemed to have accrued, and all statutory periods of limitation shall commence, no later than the date of Substantial Completion. EJCDC No. E-505 Standard Form of Agreement Between Owner and Engineer for Professional Services — Task Order Edition Copyright © 2003 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 11 of 18 F. Applicability to Task Orders. The terms and conditions set forth in this Agreement apply to each Task Order as if set forth in the Task Order, unless specifically modified. In the event of conflicts between this Agreement and a Task Order, the conflicting provisions of the Task Order shall take precedence for that Task Order. The. provisions of this Agreement shall be modified only by a written instrument. Such amendments shall be applicable to all Task Orders issued after the effective date of the amendment if not otherwise set forth in the amendment. G. Non -Exclusive Agreement. Nothing herein shall establish ail exclusive relationship between Owner and Engineer. Owner may enter into similar agreements with other professionals for the same or different types of services contemplated hereunder, and Engineer may enter into similar or different agreements with other owners for the same or different services contemplated hereunder. ARTICLE '7 —DEFINITIONS 7.01 Defined Ter•rns A. Wherever used in this Agreement (including the Exhibits hereto and any Task Order) tennns (including the singular and plural forms) printed with initial capital letters have the meanings indicated in the text above, in the exhibits or Task Order, or in the following provisions. 1. Addenda -Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Documents, 2. Additional Services - Services to be performed for or furnished to Owner by Engineer in accordance with a Task Order which are not included in Basic Services for that Task Order. 3. Agreement —This "Standard Fornn of Agreement between Owner and Engineer for Professional Services — Task Order Edition" including those Exhibits listed in Article 8 and any duly executed Task Order. 4. Application for Payment —The fore acceptable to Engineer which is to be used by a Contractor in requesting progress or final payments for the completion of its Worlc and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 5. Asbestos -Any material that contains more than one percent asbestos and is fiiable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 6. Basic Services -Specified services to be performed for or furnished to Owner by Engineer in accordance with a Task Order. 7. Bid —The offer or proposal of a bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 8. Bidding Documents —The advertisement or invitation to Bid, instructions to bidders, the Bid form and attachnnents, the Bid bond, if any, the proposed Contract Documents, and all Addenda, if any. I;JCDC No. E-50.5 Standard Pm•m of Agreement Between Owner and Engineer for Professional Services —Task Order Edition Copyright ©2003 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 12 Pie 9. Change Order — A document recommended by Engineer, which is signed by a Contractor and Owner to authorize an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Times, 10. Constituent of Concern — Any substance, product, waste, or other material of any nature whatsoever (including, but not limited to, Asbestos, Petroleum, Radioactive Material, and PCBs) which is or becomes listed, regulated, or addressed pursuant to (a) the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. ("CERCLA"); (b) the Hazardous Materials Transportation Act, 49 U.S.C. §§1801 et seq.; (c) the Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"); (d) the Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; (e) the Clean Water Act, 33 U.S.C. §§1251 et seq.; (f) the Clean Air Act, 42 U.S.C. §§7401 et seq.; and (g) any other federal, state, or local statute, law, rule, regulation, ordinance, resolution, code, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material. 11. Construction Agreement —The written instrument which is evidence of the agreement, contained in the Contract Documents, between Owner and a Contractor covering the Work. 12. Construction Contract —The entire and integrated written agreement between Owner and a Contractor concerning the Work. 13, Construction Cost — The cost to Owner of those portions of an entire Specific Project designed or specified by Engineer. Construction Cost does not include costs of services of Engineer or other design professionals and consultants, cost of land, rights -of -way, or compensation for damages to properties, or Owner's costs for legal, accounting, insurance counseling or auditing services, or interest and financing charges incurred in cormection with a Specific Project, or the cost of other services to be provided by others to Owner. Construction Cost is one of the items comprising Total Project Costs. 14. Consultants —Individuals or entities having a contract with Engineer to filrnish services with respect to a Specific Project as Engineer's independent professional associates, consultants, subcontractors, or vendors. The terns Engineer includes Engineer's Consultants. 15. Contract Documents — Documents that establish the rights and obligations of the parties engaged in construction and include the Construction Agreement between Owner and a Contractor, Addenda (which pertain to the Contract Documents), a contractor's Bid (including documentation accompanying the Bid and any post -Bid documentation submitted prior to the notice of award) when attached as an exhibit to the Construction Agreement, the notice to proceed, the bonds, appropriate certifications, the General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the same are more specifically identified in the Construction Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders, and Engineer's written interpretations and clarifications issued on or after the Effective Date of the Construction Agreement. EJCDC No. E-505 Standard Form of Agreement Between Owner and Engineer for Professional Services —Task Order Edition Copyright © 2003 National Society of Professional Engineers for EJCDC. All rights reserved. Page 13 of 18 Approved Shop Drawings and the reports and drawings of subsurface and physical conditions are not Contract Documents, 16. Contract Price — The moneys payable by Owner to a Contractor for completion of the Work in accordance with the Contract Documents and as stated in the Construction Agreement. 17. Corrh°act Times —The numbers of days or the dates stated in a Constlliction Agreement to: (i) achieve Substantial Completion, and (ii) complete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. 18. Contractor — An individual or entity with whom Owner enters into a Construction Agreement for a Specific Project. 19. Correction Period —The time after Substantial Completion during which a Contractor must correct, at no cost to Owner, any Defective Work, normally one year after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee or specific provision of the Contract Documents. 20. Defective — An adjective which, when modifying the word Work, refers to Work that is unsatisfactory, faulty, or deficient, in that it does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test, or approval referred to in the Contract Documents, or has been damaged prior to Engineer's recommendation of final payment. 21. Documents —Data, reports, Drawings, Specifications, Record Drawings, and other deliverables, whether in printed or electronic media folmat, provided or Mmished in appropriate phases by Engineer to Owner pursuant to this Agreement. 22. Drawings —That pa1•t of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Worlc to be performed by a Contractor. Shop Drawings are not Drawings as so defined. 23. Effective Date of the Construction Agreement —The date indicated in a Construction Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Construction Agreement is signed and delivered by the last of the two parties to sign and deliver. 24. Effective Date of the Agr•eenzerrt —The date indicated in this Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 25. Effective Date of the Task Order —The date indicated in the Taslc Order on which it becomes effective, but if no such date is indicated, it means the date on which the Task Order is signed and delivered by the last of the two parties to sign and deliver. 26. Field Order — A written order issued by Engineer which directs minor changes in the Worlc but which does not involve a change in the Contract Price or the Contract Times. EJCDC No. E-505 Standard Form of Agreement Between owner and Engineer for Professional Services —Task Order Edition Copyright © 2003 National Society of Professional Engineers for EJCDC. All rights reserved. Paae 14 of 18 27. General Conditions — That part of the Contract Documents which sets forth terms, conditions, and procedures that govern the Work to be performed or famished by a Contractor with respect to a Specific Project. 28. Hazardous tii�aste —The terin Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 29. Laws and Regulations; La1ps or Regulations —Any and all applicable laws, rules, regulations, ordinances, codes, standards, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 30. PCBs —Polychlorinated biphenyls. 31. Peh•oleum —Petroleum, including crude oil Or any fraction thereof which is liquid at 32 degrees Fahrenheit and 14.7 pounds per square inch absolute, such as fiiel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Waste and crude oils. 32. Radioactive Ivlatericrls —Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 33. Record Drawings —The Drawings as issued for conshuction on which Engineer, upon completion of the Work, has shown changes due to Addenda or Change Orders and other information which Engineer considers significant based on record documents furnished by Contractor to Engineer and which were annotated by Contractor to show changes made during construction. 34. Reimbursable Expenses —The expenses incurred directly by Engineer in connection with the performing or furnishing of Basic and Additional Services for a Specific Project for which Owner shall pay Engineer as indicated in Exhibit C. 35. Resident Project Representative —The authorized representative, if any, of Engineer assigned to assist Engineer at the Site of a Specific Project during the Construction Phase. The Resident Project Representative will be Engineer's agent or employee and under Engineer's supervision. As used herein, the tern Resident Project Representative includes any assistants of Resident Project Representative agreed to by Owner. The duties and responsibilities of the Resident Project Representative will be as set forth in each Task Order. 36. Samples —Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 37. Shop Drawings All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for a Contractor and submitted by a Contractor to Engineer to illustrate some portion of the Work. 38. Site — Lands or areas indicated in the Contract Documents for a Specific Project as being furnished by Owner upon which the Work is to be performed, rights -of -way EJCDC No. > -505 Standard Form of Agreement Between Owner and Engineer for Professional Services —Task Order Edition Copyright © 2003 National Society of Professional Engineers for ) JCDC. All rights reserved. Pau 15of18 and easements for access thereto, and such other lands furnished by Owner which are designated for use of a Contractor. 39. Specifications in part of the Contract Documents prepared by Engineer consisting of written teclmical descriptions of materials, equipment, systems, standards, and workmanship as applied to the Work to be performed by a Contractor and certain administrative details applicable thereto. 40. Specific Project — An undertaking of Owner as set forth in a Task Order. 4h. Strbstar�ticrl Conapletiorz —The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 42. Sarpplemer�tar y Conditions —That part of the Contract Documents which amends or supplements the General Conditions. 43. Task Order• — A document executed by Owner and Engineer, including amendments if any, stating the scope of services, Engineer's compensation, times for performance of services and other relevant information for a Specific Project. 44. Total Project Costs — The sum of the Construction Cost, allowances for contingencies, the total costs of services of Engineer or other design professionals and consultants, cost of land, rights -of -way, or compensation for damages to properties, or Owner's costs for legal, accounting, insurance counseling, or auditing services, or interest and financing charges incurred in connection with a Specific Project, or the cost of other services to be provided by others to Owner pursuant to Exhibit B of this Agreement. 45. Work —The entire completed construction or the various separately identifiable parts thereof required to be provided by a Contractor under Contract Documents for a Specific Project. Work includes and is the result of a Contractor performing or furnishing labor, services, and documentation necessary to produce such construction and firnishing, installing, and incorporating all materials and all equipment into such construction, all as required by the applicable Contract Documents, 46. Work Change Directive — A written directive to a Contractor signed by Owner upon recommendation of the Engineer, ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. EJCDC No. E-505 Standard Form of Agreement Between Owner and Engineer for Professional Services — Task Order Edition Copyright OO 2003 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 16 of 18 47. YVritten Amendment — A written amendment of the Contract Documents signed by Owner and a Contractor on or after the Effective Date of a Construction Agreement and normally dealing with the non -engineering or non -technical rather than strictly construction -related aspects of the Contract Documents, ARTICLE 8 —EXHIBITS AND SPECIAL PROVISIONS 8.01 Exhibits Included? (Yes or No) Exhibit Letter Exhibit Title Yes Attachment 1 — Task Order Form Yes Schedule of Engineer's Services Yes LB Schedule of Owner's Responsibilities Yes Payments to Engineer for Services and Reimbursable Expenses Yes D Schedule of Duties, Responsibilities and Limitations of Authority of Resident Project Representative Yes E Notice of Acceptability of Work (Form) No F Construction Cost Limit Yes G Insurance No H Dispute Resolution No I Allocation of Risks -- J Reserved Yes K Amendment to Task Order (Form) 8.02 Total Agreement A. This Agreement (consisting of pages 1 to 18_ inclusive, together with the Exhibits identified as included above) constitutes the entire agreement between Owner and Engineer. and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified, or canceled by a duly executed written instrument. Amendments to Task Orders shall be in writing, based upon the format provided in Exhibit K, "Amendment to Task Order." 8.03 Designated Representatives A. With the execution of this Agreement, Engineer and Owner shall designate specific individuals to act as Engineer's and Owner's representatives with respect to the services to be performed or furnished by Engineer and responsibilities of Owner under this Agreement. Such individuals shall have authority to transmit instructions, receive information, and render decisions relative to the Agreement on behalf of each respective party. Each Task Order shall likewise designate representatives of the two parties. GJCDC No. I✓ -SOS siAndAl'd rorrm Of.agi'eenlent BChYeen Owner And �nghlfCl' for PI'ofeSSlonAl SCP{`ICCS—TASI( �I'der �dltl"n Copyright ©2003 NationAl Society of ProfessionAl );ngincers for EJCDC. All rights reserved. PAee 17 of 18 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. OWNER: City of Sanger, Texas ENGINEER KSA Engineers, Inc. By: Imo._ C-• Title By: Joe Hies Name: Mayor Title: Date Signed: Address for giving notices: 201 Bolivar Sanger, TX 76266 DESIGNATED REPRESENTATIVE (see Paragraph 8.03.A): Robert Woods Title: City Engineer Phone Number: 940458-7930 Facsimile Number: 940-458-4180 E-Mail Address: rwoods�a sangertexas.org Mitchell L. Fortner, P.E. Vice President Date Signed: Address for giving notices: 140 E. Tyler Street, Suite 600 Longview, TX 75601 DESIGNATED REPRESENTATIVE (see Paragraph 8.03.A). Steve M. Creamer, P.E. Title: Division Manager Phone Number: 972-542-2995 Facsimile Number: 972-542-6750 E-Mail Address: screa>ner(a�ksaeng.com EJCDC No. E-505 Standard Toren of Agreement Behveen Owner and Engineer for Professional Services —Task Order Edition Copyright ©2003 National Society of Professional Engineers for EJCDC. All rights reserved. Page 18 of l8 TASK ORDER (SUGGESTED FORMAT) Task Order This is Task Order No. , consisting of pages. In accordance with paragraph 1.01 of the Standard Form of Agreement Between Owner and Engineer for Professional Services — Task Order Edition, dated ("Agreement"), Owner and Engineer agree as follows. 1. Specific Project Data A. Title: B. Description. 2. Services of Engineer [Incorporate applicable text or paragraphs from Exhibit A, Schedule of Engineer's Services -- either by reference or by insertion here. Incorporate Exhibits D and/or F if applicable -- either by reference or by insertion here. Supplement or modify as needed for this specific Task Order.] 3. Owner's Responsibilities Owner shall have those responsibilities set forth in Article 2 and in Exhibit B, subject to the following: [Here state any additions or modifications to Exhibit B, for this Spec f c Project.] 4. Times for Rendering Services Phase Completion Date r 5. 7 TASK ORDER (SUGGESTED FORMAT) Payments to Engineer A. Owner shall pay Engineer for services rendered as follows: Cntegory of Set vices Basic Services (Study and Report, Preliminary Design, Final Design, Bidding or Negotiating, Construction Phase) Resident Project Representative and Post - Construction Phase Services Additional Services Co>,rperrsation Method Cl2oose One: A. Lump Sum B. Standard Hourly Rates C. Direct Labor Costs Times a Factor (Factor: D. [Insert any other compensation method] Choose One: A. Lump Sum B. Standard Hourly Rates C. Direct Labor Costs Times a Factor (Factor: ) D. [Insert any other compensation method] Choose One: A. [Omitted] B. Standard Hourly Rates C. Direct Labor Costs Times a Factor (Factor: ) D. [Insert any other compensation method] Lump Suer, or Estimate of Conipensation for Services C. The terms of payment are set forth in Article 4 Of the Agreement gild in Exhibit C. Consultants: Other Modifications to Agreement: [Supplement ot• modify Agreement and Exhibits, if appropr•iate.J Attachments: Documents Incorporated By Reference: );]CDC G-So5 Standard Corm of Agreement Behveeu Owuer and ];ngiuccr Professional Services—Tnsl{ Order 1;diNou Copyright ©2004 Natim�al Society of Professional Gngincers fm• GJCDC. All rights reserved. Attad�meut I — Tash Order corm Paec 2 01 J TASK ORDER (SUGGESTED FORMAT) Teens and Conditions: Execution of this Task Order by Owner and Engineer shall make it subject to the terms and conditions of the Agreement (as modified above), which Agreement is incorporated by this reference. Engineer is authorized to begin performance upon its receipt of a copy of this Task Order signed by Owner. The Effective Date of this Task Order• is OWNER: By: Name: Title: DESIGNATED REPRESENTATIVE FOR TASK ORDER: Name: Title: Address: E-Mail Address: Phone: Fax: ENGINEER: By: Name: Title: DESIGNATED REPRESENTATIVE FOR TASK ORDER: Name: Title: Address: E-Mail Address: Phone: Fax: PJCDC );-505 Standard I'm•m of Agreement Between Owner and Engineer Professional Services —'Cask Order Cdition Copyright ©20(14 Nat9ona(Society of Professim�ai Pngineers for i;JCDC. All rights reserved. Attaclunent r —Task Order dorm Pan 3 of This is EXHIBIT A, consisting of and part of the Agreement between for Professional Services — Task Schedule of Engineer's Services Services to be provided under a Task Order may include the following: PART 1—BASIC SERVICES A.1.01 Stztdy crud Report Phase A. The Engineer shall: _ pages, referred to in Owner and Engineer Order Edition dated h. Consult with Owner to define and clarify Owner's requirements for a Specific Project and available data. 2. Advise Owner as to the necessity of Owner's providing data or services of the types described in Exhibit B which are not part of Engineer's Basic Services, and, if requested, assist Owner in obtaining such data and services. 3. Identify, consult with, and analyze requirements of govermnental authorities having jurisdiction to approve the portions of a Specific Project designed or specified by Engineer, including but not limited to mitigating measures identified in the environmental assessment. 4. Identify and evaluate the number of alternate solutions available to Owner listed in the Tashc Order for a Specific Project, and, after consultation with Owner, recommend to Owner those solutions which in Engineer's judgment meet Owner's requirements for a Specific Project. 5. Prepare a report (the "Report") which will, as appropriate, contain schematic layouts, sketches and conceptual design criteria with appropriate exhibits to indicate the agreed -to requirements, considerations involved, and those alternate solutions available to Owner which Engineer recommends. This Report will be accompanied by Engineer's opinion of Total Project Costs for each solution which is so reconnnended for a Specific Project with each component separately itemized, including the following, which will be separately itemized: opinion of probable Construction Cost, allowances for contingencies and for the estimated total costs of design, professional, and related services provided by Engineer and, on the basis of information furnished by Owner, allowances for other items and services included within the definition of Total Project Costs. 6. Furnish the number of review copies of the Report to Owner within the time period set forth in the Task Order and review it with Owner. 7. Revise the Report in response to Owner's and other parties' comments, as appropriate, and finish the number of final copies of the revised Report to the Owner within the time period set forth in the Task Order. Page 1 of 11 Gxtiibit A —Schedule of 1✓ngineer's Services );JCDC )✓-505 Standm•d i'm•m of Agreement Behveen Owner and 1•rngineer for Professional Services —Task Order l;dition Copyright ©20u3 Nationat Society of Professional) nginecrs fm) JCDC. All rights reserved. B. Engineer's services under the Study and Report Phase will be considered complete on the date when the final copies of the revised Report have been delivered to Owner. A.1.02 Prehnnnar y Design Phase A. After determination by Owner of the scope, extent, character or design requirements of a Specific Project, including the acceptance with any specific modifications by Owner of Engineer's Report, if any, from a preceding phase or Specific Project, Engineer shall: 1. On the basis of the above acceptance, selection, and authorization, prepare Preliminary Design Phase documents consisting of final design criteria, preliminary drawings, outline specifications and written descriptions of a Specific Project. 2. Provide necessary field surveys and topographic and utility mapping for design purposes. Utility mapping will be based upon information obtained from utility owners. 3. Advise Owner if additional reports, data, information, or services of the types described in Exhibit B are necessary and assist Owner in obtaining such reports, data, information, or services. 4. Based on the information contained in the Preliminary Design Phase documents, submit a current opinion of probable Construction Cost and any adjustments to Total Project Costs known to Engineer, which will be itemized as provided in paragraph A.1.01.A.5. 5. Furnish the Preliminary Design Phase documents to and review them with Owner. 6. Submit to Owner the number of final copies of the Preliminary Design Phase documents and revised opinion of probable Construction Cost within the time period set forth in the Task Order. B. Engineer's services under the Preliminary Design Phase will be considered complete on the date when final copies of the Preliminary Design Phase documents have been delivered to Owner. A.1.03 Final Design Phase A. After determination by Owner of the scope, extent, character, or design requirements of a Specific Project, including the acceptance of any specific modifications by Owner of a preceding phase or Specific Project, Engineer shall: 1. On the basis of the above acceptance, direction, and authorization, prepare final Drawings indicating the scope, extent, and character of the Work to be performed and fiurished by ill be prepared, where appropriate, in general conformance with Contractor. Specifications w the 16-division format of the Construction Specifications Institute. 2. Provide technical criteria, written descriptions, and design data for Owner's use in filing applications for permits from or approvals of governmental authorities having jurisdiction to review or approve the final design of a Specific Project and assist Owner in consultations with appropriate authorities. Page 2 of 11 Exhibit A — Schedule of Engineer's Services EJCDC E-505 Standard Porm of Agreement Bct♦veen owner And Engineer for Professional Services —Task Order Edition Copyright ©2003 National Society of Professional Engineers for EJCDC. All rights reserved. 3. Provide Owner a current opinion of probable Construction Cost and any, adjustments to Total Project Costs known to Engineer, itemized as provided in paragraph A.1.0l.A05& 4. Prepare and furnish Bidding Documents for review and approval by Owner, its legal counsel, and other advisors, as appropriate, and assist Owner in the preparation of other related documents. 5. Submit the number of final copies of the Bidding Documents and a current opinion of probable Construction Cost to Owner within the time period set forth in the Task Order. B. In the event that the Work designed or specified by Engineer is to be perfornned or furrnished under more than one prime contract, or if Engineer's services are to be separately sequenced with the work of one or more prime Contractors (such as in the case of fast -tracking), Owner and Engineer shall, prior to conurrencement of the Final Design Phase, develop a schedule for performance of Engineer's services during the Final Design, Bidding or Negotiating, Construction, and Post -Construction Phases in order to sequence and coordinate properly such services as are applicable to the work under such separate prime contracts. This schedule is to be prepared and included in or become an amendment to the Task Order whether or not the work under such contracts is to proceed concurrently. C. The number of prime contracts for Work designed or specified by Engineer upon which the Engineer's compensation has been established is identified in the Task Order. D. Engineer's services under the Final Design Phase will be considered complete on the date when the submittals required by paragraph A.1.03.A.5 have been delivered to Owner. A.1.04 Bidding or• Negotiating Phase A. The Engineer shall: 1. Assist Owner in advertising for and obtaining bids or negotiating proposals for the Work and, where applicable, maintain a record of prospective bidders to whom Bidding Documents have been issued, attend pre -Bid conferences, if any, and receive and process Contractor deposits or charges for the Bidding Documents. 2. Issue Addenda as appropriate to clarify, correct, or change the Bidding Documents. 3. Consult with Owner as to the acceptability of subcontractors, suppliers, and other individuals and entities proposed by Contractor for those portions of the Worlc as to which such acceptability is required by the Bidding Documents. 4. Attend the Bid opening, prepare Bid tabulation sheets, and assist Owner in evaluating Bids 01• proposals and in assembling and awarding contracts for the Worlc. B. The Bidding or Negotiating Phase will be considered complete upon commencement of the Construction Phase or upon cessation of negotiations with prospective Contractors (except as may be required if Exhibit F is a part of the Task Order). Page 3 of 11 Exhibit A — Schedule of Engineer's Seiti�ces EJCDC E-505 Standard Pm•m of Agreement Behveen Owner and Engineer for Professional Services —Tasic Order Edition Copyright ©2003 National Society of ProtessiOnai Engineers fm U%, 9 Ail 1ights reserved. A.1.05 Construction Phase A. Engineer shall: 1. General Administration of Construction Contract. Consult with Owner and act as Owner's representative as provided in the General Conditions. The extent and limitations of the duties, responsibilities and authority of Engineer as assigned ui said General Conditions shall not be modified, except as Engineer may otherwise agree in writing. All of Owner's instructions to Contractor will be issued through Engineer, who shall have authority to act on behalf of Owner in dealings with Contractor to the extent provided in this Agreement and said General Conditions except as otherwise provided in writing. 2. Resident Project Representative (RPR). Provide the services of an RPR at the Site of the Specific Project to assist the Engineer and to provide more extensive observation of Contractor's work. Duties, responsibilities, and authority of the RPR are as set forth in the Task Order and in Exhibit D, "Duties, Responsibilities and Limitations of Authority of Resident Project Representative." The furnishing of such RPR's services will not limit, extend, or modify Engineer's responsibilities or authority except as expressly set forth in Exhibit D. 3. Selecting Independent Testing Laboratory. Assist Owner in the selection of an independent testing laboratory to perform the services identified in paragraph B.2.01.0. 4. Pre -Construction Conference. Participatepre-construction conference prior to commencement of Work at the Site. 5. Baselines and Benchmarks. As appropriate, establish baselines and benchmarks for locating the Work which in Engineer's judgment are necessary to enable Contractor to proceed. 6. Visits to Site and Observation of COnstl"LlClion. In connection with observations of Work in progress a. Malce visits to the Site at intervals appropriate to the various stages of construction, as Engineer deems necessary, in order to observe as an experienced and qualified design professional the progress and quality of the Work. Such visits and observations by Engineer, and the Resident Project Representative, if any, are not intended to be exhaustive or to extend to every aspect of the Work in progress or to involve detailed inspections of the Work in progress beyond the responsibilities specifically assigned to Engineer in the Task Order and the Contract Documents, but rather are to be limited to spot checking, selective sampling, and similar methods of general observation of the Work based on Engineer's exercise of professional judgment as assisted by the Resident Project Representative, if any. Based on information obtained during such visits and such observations, Engineer will determine in general if Contractor's work is proceeding in accordance with the Contract Documents, and Engineer shall keep Owner informed of the progress of the Work. b. The purpose of Engineer's visits to, and representation by the Resident Project Representative, if any, at the Site of the Specific Project, will be to enable Engineer• to better carry out the duties and responsibilities assigned to and undertaken by Engineer Page 4 of 11 Exhibit A — Schedule of Engineer's Services EJCDC M05 Standard Form of Agreement Between Owner and Engineer for Professional Services — Task Order Edition Copyright ©2003 National Society of Professional Engineers for EJCDC. All rights reserved. during the Construction Phase, and, in addition, by the exercise of Engineer's efforts as an experienced and qualified design professional, to provide for Owner a greater degree of confidence that the completed Work will conform in general to the Contract Documents and that the integrity of the design concept of the completed project as a fimetioning whole as indicated in the Contract Documents has been implemented and preserved by Contractor. Engineer shall not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct, or have control over the Work, nor shall Engineer have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected by Contractor, for safety precautions and programs incident to the Work, or for any failure of Contractor to comply with Laws and Regulations applicable to Contractor's furnishing and performing the Work. Accordingly, Engineer neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform its work in accordance with the Contract Documents, 7. Defective Work. Have authority to disapprove or reject Contractor's work while it is in progress if, on the basis of such observations, Engineer believes that such work will not produce a completed project that conforms generally to the Contract Documents or that it will prejudice the integrity of the design concept of the completed project as a fiinctioning whole as indicated in the Contract Documents. 8. Clarifications and Interpretations; Field Orders. Issue necessary clarifications and interpretations of the Contract Documents as appropriate to the orderly completion of the Work. Such clarifications and interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents. Engineer may issue Field Orders authorizing minor variations from the requirements of the Contract Documents, 9. Change Orders and Work Change Directives. Recornlnend Change Orders and Work Change Directives to Owner, as appropriate, and prepare Change Orders and Work Change Directives as required. 10. Shop DraWings and Samples. Review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents and compatibility with the design concept of the completed project as a functioning whole as indicated in the Contract Documents. Such reviews and approvals or other action will not extend to means, methods, techniques, sequences or procedures of construction or to safety precautions and programs incident thereto. Engineer has an obligation to meet any Contractors submittal schedule that has earlier been acceptable to Engineer. 11. Substitutes and "or -equal. " Evaluate and determine the acceptability of substitute or "or - equal" materials and equipment proposed by Contractor, but subject to the provisions of paragraph A.2.01.A.23 of this Exhibit A. 12. Inspections and Tests. Require such special inspections or tests of the Work as deemed reasonably necessary, and receive and review all certificates of inspections, tests, and approvals required by Laws and Regulations or the Contract Documents. Engineer's review of such certificates will be for the purpose of determining that the results certified indicate Page 5 of 11 Exhibit A —Schedule of Engineer's Services EJCDC E-505 Standard Torm of Agreement Behvicen Owner and Engineer for Professimral Services —Task Order Edition Copyright ©2003 National Society of Professional Engineers for EJCDC. All rights reserved. compliance with the Contract Documents and will not constitute an independent evaluation that the content or procedures of such inspections, tests, or approvals comply with the requirements of the Contract Documents. Engineer shall be entitled to rely on the results of such tests. 13. Disagreements behveen Oivner• and nilractor . Render formal written decisions on all claims of Owner and Contractor relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of the Work. In rendering such decisions, Engineer shall be fair and not show partiality to Owner or Contractor and shall not be liable in connection with any decision rendered in good faith in such capacity. 14. Applications for Payment. Based on Engineer's observations as an experienced and qualified design professional and on review of Applications for Payment and accompanying supporting documentation. a. Determine the amounts that Engineer recommends Contractor be paid. Such recommendations of payment will be in writing and will constitute Engineer's representation to Owner, based on such observations and review, that, to the best of Engineer's knowledge, information and belief, the Work has progressed to the point indicated, the quality of such is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents and to any other qualifications stated in the recommendation), and the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. In the case of unit price work, Engineer's recommendations of payment will include final determinations of quantities and classifications of the Work (subject to any subsequent adjustments allowed by the Contract Documents). The responsibilities of Engineer contained in paragraph A.1.05.A.6.a are expressly subject to the limitations set forth in paragraph A.1.05.A.6.b and other express or general limitations in this Agreement and elsewhere. IN . By recommendingpayment, Engineer shall not thereby be deemed to have represented that observations made by Engineer to check the quality or quantity of the Work as it is performed and furnished have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in this Agreement and the Contract Documents. Neither Engineer's review of the Work for the purposes of recommending payments nor Engineer's recommendation of any payment including final payment will impose on Engineer responsibility to supervise, direct, or control the Work in progress or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto, or Contractor's compliance with Laws and Regulations applicable to the Work. It will also not impose responsibility on Engineer to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or to determine that title to any portion of the work in progress, materials, or equipment has passed to Owner free and clear of any liens, claims, security interests, or encumbrances, or that there may not be other matters at issue between Owner and Contractor that might affect the amount that should be paid. Page 6 of 11 Exhibit ti — Schedule of Engineer's Services EJCDC E-505 Standard Form of Agreement Behvveen Owner and Engineer for Professional Services —Taslt order Edition Copyright ©2003 National Society 0f Professional Engineers for EJCDC. All rights reserved. 15. Contractor's Completion Documents. a. Receive and review maintenance and operating instructions, schedules, and guarantees. b. Receive bonds, certificates, or other evidence of insurance not previously submitted and required by the Contract Documents, certificates of inspection, tests and approvals, Shop Drawings, Samples and other data approved as provided under paragraph A.1.05.A.10, and the annotated record documents which are to be assembled by Contractor in accordance with the Contract Documents to obtain final payment. The extent of such Engineer's review will be limited as provided in paragraph A.1.05.A.10. c. Engineer shall transmit these documents to Owner. 16. Substantial Completion. Promptly after notice from Contractor that Contractor considers the entire Work ready for its intended use, in company with Owner and Contractor, conduct an inspection to determine if the Work is Substantially Complete. If after considering any objections of Owner, Engineer considers the Work Substantially Complete, Engineer shall deliver a certificate of Substantial Completion to Owner and Contractor. 17. Final Notice ofAcceptability of the Work. Conduct a final payment inspection to determine if the completed Worlc of Contractor is acceptable so that Engineer may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, Engineer shall also provide a notice in the form attached hereto as Exhibit E ("Notice of Acceptability of Work") that the Work is acceptable (subject to the provisions of paragraph A.1.05.A.14.b) to the best of Engineer's knowledge, information, and belief and based on the extent of the services provided by Engineer under this Agreement. B. Dzu°anon of Construction Phase. The Construction Phase will commence with the execution of the first Construction Agreement for a Specific Project or any part thereof and will terminate upon written recommendation by Engineer for final payment to Contractors. If a Specific Project I nvolves more than one prime contract as indicated in the Task Order, Construction Phase services may be rendered at different times in respect to the separate contracts. C. Limitation of Responsibilities. Engineer shall not be responsible for the acts or omissions of any Contractor, or of any of their subcontractors, suppliers, or of any other individual or entity performing or furnishing any of the Work. Engineer shall not be responsible for failure of any Contractor to perform or furnish the Work in accordance with the Contract Documents. A.1.06 Post -Construction Phase A. Engineer shall: 1. Provide assistance in connection with the testing and adjusting of Specific Project equipment or systems. 2. Assist Owner in training Owner's staff to operate and maintain Specific Project, equipment, and systems. Pagc'7 of 11 1:xhibit A — Schedule of)✓ngineer's Services GJCDC);-505 Standard Torm of Agreement [3etrveen OFti•ner and Pngineer for Professional Services — Taslc Order Pdition Copyright D2003 National Society of Professional Engineers for > JCDC. All rights reserved. 3. Assist Owner in developing procedures for control of the operation and maintenance of, and record keeping for, equipment and systems for the Specific Project. 4. Together with Owner, visit the Specific Project to observe any apparent defects in the or assist Owner in consultations and discussions with Contractor concerning correction of any such defects, and make recommendations as to replacement or correction of Defective Work, if present. 5. In company with Owner or Owner's representative, provide an inspection of the Specific Project within one month before the end of the Correction Period to ascertain whether any portion of the Work is subject to correction. B. The Post -Construction Phase services may continence during the Construction Phase and, if not otherwise modified in the Task Order, will terminate at the end of the Correction Period. PART 2 —ADDITIONAL SERVICES A.2.01 Additional Services Rer�uiring Orvner•'s Authorization in Advance A. If authorized in writing by Owner, Engineer shall funnish or obtain from others Additional Services of the types listed below. These services will be paid for by Owner as indicated in a Task Order. 1. Preparation of applications and supporting documents (in addition to those furnished under Basic Services) for private or governmental grants, loans or advances in connection with a Specific Project; preparation or review of environmental assessments and impact statements; review and evaluation of the effects on the design requirements for a Specific Project of any such statements and documents prepared by others; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of a Specific Project. 2. Services to make measured drawings of or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other infor•rnation furnished by Owner. 3. Services resulting horn significant changes in the scope, extent, or character of the portions of a Specific Project designed or specified by Engineer or its design requirements including, but not limited to, changes in size, complexity, Owner's schedule, character of construction, or method of financing; and revising previously accepted studies, reports, Drawings, Specifications, or Contract Documents when such revisions are required by changes in Laws and Regulations enacted subsequent to the Effective Date of the Task Order or are due to any other causes beyond Engineer's control. Page 8 of 11 Exhibit A —Schedule of Engineer's Services EJCDC E-505 Standard Porm of Agreement Behveen Otivner and Engineer for Professional Services —rash Order Edition Copyright ©2003 National Society of Professional Engineers for EJCDC. All rights reserved. 4. Services resulting from Owner's request to evaluate additional Study and Report Phase alternative solutions beyond those identified in paragraph A.1.0I .A.4. 5. Services required as a result of Owner's providing incomplete or incorrect project information with respect to Exhibit B. 6. Providing renderings or models for Owner's use. 7. Undertaking investigations and studies including, but not limited to, detailed consideration of operations, maintenance, and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules, and appraisals, assistance in obtaining financing for a Specific Project; evaluating processes available for licensing, and assisting Owner in obtaining process licensing, detailed quantity surveys of materials, equipment, and labor; and audits or inventories required in connection with construction performed by Owner. 8. Furnishing services of Engineer's Consultants for other than Basic Services. 9. Services attributable to more prime construction contracts than specified in the Task Order. 10. Services during out -of --town travel required of Engineer other than for visits to the Specific Project Site or Owner's office. 11. Preparingcoordinating with, participating in and responding to structured independent review processes, including, but not limited to, construction management, cost estimating, project peer review, value engineering, and constructability review requested by Owner; and performing or furnishing services required to revise studies, reports, Drawings, Specifications, or other Bidding Documents as a result of such review processes. 12. Preparing additional Bidding Documents or Contract Documents for alternate bids or prices requested by Owner for the Work or a portion thereof. 13. Determining the acceptability of substitute materials and equipment proposed during the Bidding or Negotiating Phase when substitution prior to the award of contracts is allowed by the Bidding Documents. 14. Assistance ul connection with Bid protests, rebidding, or renegotiating contracts for construction, materials, equipment, or services, except when such assistance is required by Exhibit F. 15. Providing construction surveys and staking to enable a Contractor to perform its work other than as required under paragraph A1.OS.A.S, and any type of property surveys or related engineering services needed for the transfer of interests in real property; and providing other special field surveys. 16. Providing Construction Phase services beyond the Contract Times set forth in the Task Order. Page 9 of 11 i;xhibit A — schedule of irngineer's Services EJCDC C-505 standard Pm•m of Agreement Behveen Owner and Engineer for Professional Services —Task Order 1✓dition Copyright ©2003 National Societyof Professionai ziigineers for EJCDC. All rights reserved. 17. Providing assistance in responding to the presence of any Constituent of Concern at any Site, in compliance with current Laws and Regulations. 18. Preparing and turlushing to Owner, in the fornnat agreed to, Record Drawings showing appropriate record information based on project amiotated record documents received from Contractor. 19. Preparation of operation and maintenance manuals. 20. Preparing to serve or serving as a consultant or witness for Owner in any litigation, arbitration or other dispute resolution process related to a Specific Project. 21. Providing more extensive services required to enable Engineer to issue notices or certifications requested by Owner under paragraph 6.01.G of the Agreement or a Task Order. 22. Services in connection with Worlt Change Directives and Change Orders to reflect changes requested by Owner so as to make the compensation commensurate with the extent of the Additional Services rendered. 23. Services in malting revisions to Drawings and Specifications occasioned by the acceptance of substitute materials or equipment other than "or -equal" items; and services after the award of any Construction Agreement in evaluating and determining the acceptability of a substitution which is found to be inappropriate for a Specific Project or an excessive number of substitutions. 24. Services resulting from significant delays, changes, or price increases occurring as a direct or indirect result of materials, equipment, or energy shortages. 25. Additional or extended services during construction made necessary by (a) a significant amount of defective, neglected or delayed Work by a Contractor, or (b) default by a Contractor. 26. Services (other than Basic Services during the Post -Construction Phase} in connection with any partial utilization of any part of the Work on a Specific Project by Owner prior to its Substantial Completion. 27. Evaluating an unreasonable claim or an excessive number of claims or requests for information submitted by a Contractor or others in connection with the Work on a Specific Project. 28. Other services performed or furnished by Engineer not otherwise provided for in this Agreement or a Task Order. A.2.02 Additio»al Services Not Requiring Oumer's Authorization in Advance A. Engineer shall perform or furnish, without requesting or receiving specific advance authorization from Owner, the Additional Services of the types listed below. Engineer shall advise Owner in writing within seven days after beginning any such Additional Services. If Owner does not want Page 10 of 11 Exhibit A —Schedule of Engineer's Services EJCDC E-505 Standard Torm of Agreement Beriveen Owner and Engineer fm• Professional Services — Taslc Order Edition Copyright ©2003 National Society of Professional Engineers for EJCDC. All rights reserved. Engineer to continue to perform or fwnish the services, Owner shall notify Engineer in writing to cease, and Engineer shall comply. 1. Additional or extended services during construction made necessary by (a) emergencies or acts of God endangering the Work, (b) the presence at the site of any Constituent of Concern, (c) Work damaged by fire or other cause during construction, or (d) acceleration of the progress schedule involving services beyond normal working hours. Page 11 of 11 Exhibit A —Schedule of Engineer's Services EJCDC E-505 Standard Eorm of Agreement Bchveen Owner and Engineer for Professionat Services — Taslc Order Editioo Copyright 02003 National Society of Professional Engineers for EJCDC. All rights reserved. This is EXHIBIT B, consisting of pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services — Task Order Edition dated , Schedule of Owner's Responsibilities Article 2 of the Agreement is amended and supplemented to include the following responsibilities unless expressly stated otherwise in a Task Order, A. Provide Engineer with ail criteria and full information as to Owner's requirements for the Specific Project, including design objectives and constraints, space, capacity and performance requirements, flexibility, and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which Owner will require to be included in the Drawings and Specifications; and furnish copies of Owner's standard forms, conditions, and related documents for Engineer to include in the Bidding Documents, when applicable. B. Furnish to Engineer any other available information pertinent to the Specific Project including reports and data relative to previous designs, or investigation at or adjacent to the Site of the Specific Project. C. Following Engineer's assessment of initially -available Specific Project information and data and upon Engineer's request, funnssh or otherwise make available such additional Specific Project related information and data as is reasonably required to enable Engineer to complete its Basic and Additional Services. Such additional information or data would generally include the following: 1. Property descriptions. 2. Zoning, deed, and other land use restrictions. 3. Property, boundary, easement, right -of --way, and other special surveys or data, including establishing relevant reference points. 4. Explorations and tests of subsurface conditions at or contiguous to the Site, drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site, or hydrographic surveys, with appropriate professional interpretation thereof 5. Environmental assessments, audits, investigations and impact statements, and other relevant environmental or cultural studies as to a Specific Project, the Site and adjacent areas. 6. Data or consultations as required for a Specific Project but not otherwise identified in the Agreement, the Exhibits thereto, or the Task Order. Page r of 3 Exhibit B — Schedule of Owner's Responsibilities EJCDC E-505 Standard Form of Agreement Between Owner and Engineer for Professional Services —Task Order Edition Copyright 02003 National Society of Professional Engineers for EJCDC. All rights reserved. D. Give prompt written notice to Engineer whenever Owner observes or otherwise becomes aware of the presence at the Site of any Constituent of Concern, or of any other development that affects the scope or time of performance of Engineer's services, or any defect or nonconformance in Engineer's services, the Work, or in the performance of any Contractor. E. Authorize Engineer to provide Additional Services as set forth in the Task Order as required. F. Arrange for safe access to and make all provisions for Engineer to enter upon public and private property as required for Engineer to perform services under the Task Order. G. Examine all alternate solutions, studies, reports, sketches, Drawings, Specifications, proposals, and other documents presented by Engineer for the Specific Project (including obtaining advice of an attorney, insurance counselor, and other advisors or consultants as Owner deems appropriate with respect to such examination) and render in writing timely decisions pertaining thereto. H. Provide reviews, approvals, and permits fiom all governmental authorities having jurisdiction to approve all phases of the Specific Project designed or specified by Engineer and such reviews, approvals, and consents from others as may be necessary for completion of each phase of the Specific Project. I. Provide, as required for the Specific Project: 1. Accounting, bond and financial advisory, independent cost estimating, and insurance counseling services. 2. Legal services with regard to issues per•tainning to the Specific Project as Owner requires, a Contractor raises, or Engineer reasonably requests. 3. Such audituig services as Owner requires to ascertain how or for what purpose a Contractor has used the moneys paid. 4. Placement and payment for advertisement for Bids in appropriate publications. J. Advise Engineer of the identity and scope of services of any independent consultants employed by Owner to perform or furnish services in regard to the Specific Project, including, but not limited to, cost estimating, project peer review, value engineering, and constructability review. K. Furnish to Engineer data as to Owner's anticipated costs for services to be provided by others (including, but not linnited to, accounting, bond and financial, independent cost estimating, insurance counseling and legal advice) for Owner so that Engineer may assist the Owner in collating the various cost categories which comprise Total Project Costs. L. If Owner designates a construction manager or an individual or entity other than, or in addition to, Engineer to represent Owner at the Site, define and set forth in the Task Order the duties, responsibilities, and limitations of authority of such other party and the relation thereof to the duties, responsibilities, and authority of Engineer. Page 2 of 3 Exhibit 13 —Schedule of Owner's Responsibilities EJCDC E-505 Standard Roan of Agreement Bepveen Owner and Engineer for Professional Services —Task Order Edition Copyright ©2003 National Society of Professional Engineers for EJCDC. All rights reserved. A If more than one prime contract is to be awarded for the Work of the Specific Project designed or specified by Engineer, designate in the Task Order a person or entity to have authority and responsibility for coordinating the activities among the various prime Contractors. Define and set forth in the Task Order the duties, responsibilities, and limitations of authority of such individual or entity and the relation thereof to the duties, responsibilities, and authority of Engineer. N. Attend the pre -bid conference, bid opening, pre-conshuction conferences, construction progress and other job related meetings, and Substantial Completion and final payment inspections. O. Provide the services of an independent testing laboratory to perform all inspections, tests, and approvals of Samples, materials, and equipment required by the Contract Documents, or to evaluate the performance of materials, equipment, and facilities of Owner, prior to their incorporation into the Work for the Specific Project with appropriate professional interpretation thereof. P. Provide Engineer with the findings and reports generated by any independent testing laboratory, if Engineer is required to review such documents. Q. Additional Owner responsibilities: Page 3 of 3 );xhibit B — Schedule of Owner's Responsibilities RJCDC E-505 Standard Fm•m of Agreement Between Owner and >✓ngineer for Professional Services —Task Order )idi6on Copyright ©2003 National Society of Professional Engincers for "Cut, All rights reserved. Tlus is EX>FIIBIT C, consisting of _ and part of the Agreement between for Professional Services — Task Payments to Engineer for SeI V 1ces and Reimbursable Expenses pages, referred to in Owner and Engineer Order Edition dated Article 2 of the Agreement is amended and supplemented to include the following agreement of the parties: ARTICLE 2 — OWNER'S RESPONSIBILITIES C.2.01 Method of Payment A. Owner shall pay Engineer for services in accordance with one or more of the following methods as identified in each Task Order. 1. Method A: Lump Sum 2. Method B: Standard Hourly Rates C.2.02 Explanation of Alethods A. Method A —Lump Sum 1. Owner shall pay Engineer a Lump Sum amount for the specified category of services. 2. The Lump Sum will include compensation for Engineer's services and services of Consultants, if any. Appropriate amounts will be incorporated in the Lump Sum to account for labor, overhead, profit, and Reimbursable Expenses. 3. The portion of the Lump Sum amount billed for Engineer's services will be based upon Engineer's estimate of the proportion of the total services actually completed during the billing period to the Lump Sum. B. Method B —Standard Hourly Rates 1. For the specified category of services, the Owner shall pay Engineer an amount equal to the cumulative hours charged to the Specific Project by each class of Engineer's employees times Standard Hourly Rates for each applicable billing class for all services performed on the Specific Project, plus Reimbursable Expenses and Consultant's charges, if any. 2. Standard Hourly Rates include salaries and wages paid to personnel in each billing class plus the cost of customary and statutory benefits, general and administrative overhead, non - project operating costs, and operating margin or profit. 3. Engineer's Reimbursable Expenses Schedule and Standard Hourly Rates are attached to this Exhibit as Appendices 1 and 2. Page 1 of 3 Exhibit C —Payments to Engineer for Services and Reimbursable Expenses EJCDC E-SOS Standard Tm•m of Agreement Between Owner and Engineer for Professional Services —Task Order Edition Copyright ©2003 National Society of Professional Engineers for EJCDC. All rights reserved. Sheet C-1 4. The total estimated compensation for the specified category of services shall be stated in the Task Order. This total estimated compensation will incorporate all labor at Standard Hourly Rates, Reimbursable Expenses, and Consultants' charges, if any. 5. The amounts billed will be based on the cumulative hours charged to the specified category of services on the Specific Project during the billing period by each class of Engineer's employees times Standard Hourly Rates for each applicable billing class, plus Reimbursable Expenses and Engineer's Consultant's charges, if any. 6. The Standard Hourly Rates and Reunbursable Expenses Schedule shall be adjusted amnlally (as of January 1 ) to reflect equitable changes in the compensation payable to Engineer. C. Method C —Direct Labor Costs Times a Factor (Not Used) D. Method D —(Not Used) C.2.03 Reimbursable Expenses Costs incurred by Engineer in the performance of the Taslc Order in the following categories constitute Reimbursable Expenses: A. Transportation and subsistence incidental thereto; advertisements, postage, and slopping costs; providing and maintaining field office facilities including furnishings and utilities; subsistence and transportation of Resident Project Representative and their assistants; toll telephone calls, faxes, and telegrams; and reproduction of reports, Drawings, Specifications, Bidding Documents, and similar Specific Project -related items in addition to those required under Exhibit A. If authorized in advance by Owner, Reimbursable Expenses will also include expenses incurred for computer time and the use of other highly specialized equipment. Reimbursable expenses shall be paid at rates set forth in Appendix 1 to this Exhibit C which shall be adjusted annually (as of Januar 1 to reflect equitable changes in the rates. B. The amounts payable to Engineer for Reimbursable Expenses will be the project -specific internal expenses actually incurred or allocated by Engineer, plus all invoiced external Reimbursable Expenses allocable to a Specific Project, the latter multiplied by a Factor of 1.15. C.2.04 Serving as a Witness A. For services performed by Enguieer's employees as witnesses giving testimony in any litigation, arbitration or other legal or administrative proceeding under Paragraph A2.Ol .A.20, at a rate of 1_5 times the witness's standard hourly rate. Compensation for Consultants for such services will be by reimbursement of Consultants' reasonable charges to Engineer for such services. C.2.05 Other Provisions Concerning Payment A. Extended Contract Times. Should the Contract Times to complete the Work be extended beyond the period stated ul the Task Order, payment for Engineer's services shall be continued based on the Standard Hourly Rates Method of Payment. Page 2 of 3 Exhibit C— Payments to Engineer for• Services and Reimbursable Expenses EJCDC E-505 Standard Eorm of Agreement Behveen Owner and Engineer for Professional Services —Task Order Edition Copyright ©2003 Nationai Society of Professional Engineers for EJCDC. All rights reserved. B. Estimated Compensation Amounts 1, Engineer's estimate of the amounts that will become payable for services are only estimates for planning purposes, are not binding on the parties, and are not the minimum or maximum amounts payable to Engineer under the Agreement. 2. When estimated compensation amounts have been stated in a Task Order and it subsequently becomes apparent to Engineer that a compensation amount thus estimated will be exceeded, Engineer shall give Owner written notice thereof. Promptly thereafter Owner and Engineer shall review the matter of services remaining to be performed and compensation for such services. Owner shall either agree to such compensation exceeding said estimated amount or Owner and Engineer shall agree to a reduction in the remaining services to be rendered by Engineer so that total compensation for such services will not exceed said estimated amount when such services are completed. If Engineer exceeds the estimated arnount before Owner and Engineer have agreed to an increase in the compensation due Engineer or a reduction in the remaining services, the Engineer shall give written notice thereof to Owner and shall be paid for all services rendered thereafter. Page 3 of 3 Exhibit C —Payments to Engineer for Services and Reimbursable Expenses EJCDC E-505 Standard rm•m of Agreement Between Owner and Engineer for Professional Services---Taslt Order Edition Copyright ©2003 National Society of Professional Engineers fm EJCDC. All rights reserved. This is Appendix 1 to EXHIBIT C, consisting of pages, referred to in and pant of the Standard Form of Agreement between Owner and Engineer for Professional Services — Task Order Edition, dated Reimbursable Expenses Schedule ibit C for both Reimbursable Expenses and Hourly Rates See Appendix 2 to Exh Page rof r Exhibit C - Appendix r —Reimbursable Expenses Schedule EJCDC E-505 Standard P'm•m of Agreement Beriveen Owner and Engineer fm• Professional Services —Task Order Edition Copyriglit ©20u National Societyof Professional Engineers for EJCDC. All rights reserved. This is Appendix 2 to EXHIBIT C, consisting of pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services — Task Order Edition dated Standard Hourly Rates Schedule Current agreements for engineering services stipulate that the standard hourly rates are subject to review and adjustment per Exhibit C. Hourly rates for services effective on the date of this Agreement are: Principal $145.00/hour Senior Projectivlanager $130.00/hour Electrical Engineer $120.00/hour Project Manager $ 110.00/hour Senior Project Engineer $95.00/hour Project Engineer $85.00/hour Design Engineer $75.00/hour Senior Design Technician $65.00/hour Design Technician $60.00/hour Project Assistant $55.00/hour CADD Technician $50.00/hour Bridge Inspector $55.00/hour Administrative Assistant $50.00/hour Secretary $40.00/hour Senior Project Representative $65.00/hour Project Representative $55.00/hour Four -Man Survey Crew $150.00/hour Three -Man Survey Crew $120.00/hour Two -Man Survey Crew $90.00/hour Registered Surveyor $80.00/hour Survey Technician $60.00/hour Mileage $0.58/mile Flat Bottom Boat $100.00/day GPS Equipment $125.00/day ATV (4-Wheeler) $100.00/day Per Diem (Survey Crew): Meals, $25.00/person/day Lodging, $60.00/day/2-man crew Reimbursable Expenses (Travel, Copies, Printing} Actual Cost Outside Consultants Cost + I5% *Subject to adjustments on annual basis for inflation or deflation. Any changes must be approved in writing by Owner and Enghteer. Page i of r Exhibit C—Appendix 2 —Standard Hourly Rates Schedule EJCDC E-505 Standard Fm•m of Agreement Beriveen Owner and Engineer fm• Professional Services —Task Order Edition copyright ©2003 National Society of Professional Engineers for EJCDC. All rights reserved. sheet c-s Tlus is EXHIBIT D, consisting of pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services — Task Order Edition dated , Schedule of Duties, Responsibilities, and Limitations of Authority of Resident Project Representative The following duties, responsibilities, and limitations of authority may be incorporated in the Task Order for a Specific Project: D.1.01 Resident Project Representati>e A. Engineer shall furnish a Resident Project Representative ("RPR"), assistants, and other field staff to assist Engineer in observing progress and quality of the Work. The RPR, assistants, and other field staff under this Exhibit D may provide full time representation or may provide representation to a lesser degree. B. Through such additional observations of Contractor's work in progress and field checks of materials and equipment by the RPR and assistants, Engineer shall endeavor to provide further protection for Owner against defects and deficiencies in the Work. However, Engineer shall not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct, or have control over Contractor's work nor shall Engineer have authority over or responsibility for the means, methods, techniques, sequences, or procedures selected or used by Contractor, for security or safety at the Site, for safety precautions and programs incident to Contractor's work in progress, for any failure of Contractor to comply with Laws and Regulations applicable to Contractor's performing and furnishing the Work, or responsibility for Contractor's failure to furnish and perform the Work in accordance with the Contract Documents. In addition, the specific limitations set forth in Paragraph A.1.05 of Exhibit A as incorporated in the Task Order are applicable. C. The duties and responsibilities of the RPR are limited to those of Engineer in the Agreement with the Owner and iii the Contract Documents, and are further limited and described as follows: 1. General. RPR is Engineer's agent at the Site, will act as directed by and under the supervision of Engineer, and will confer with Engineer regarding RPR's actions. • RPR's dealings in matters pertaining to a Contractor's work in progress shall in general be with Engineer and Contractor, keeping Owner advised as necessary. • RPR's dealings with subcontractors shall only be through or with the filll knowledge and approval of Contractor. • RPR shall generally communicate with Owner with the knowledge of and under the direction of Engineer. Page r of 5 );xhibit D —Duties, Responsibilities, and Limitations of Authority of Resident Project Representative GJCDC E-505 Standard Form of Agreement Behvccn Owner and Engineer for Professional Services —Task order Edition Copyright 9)2003 National Society of Professional Engineers for GJCDC. All rights reserved. 2. Schedules. Review the progress schedule, schedule of Shop Drawing and Sample subnuttals, and schedule of values prepared by a Contractor and consult with Engineer concerning acceptability. 3. Conferences and 1ylee, ngs. Attend meetings with Contractor, such as preconstL Uk t Un conferences, progress meetings, job conferences and other project -related meetings, and prepare and circulate copies of minutes thereof. 4. Liaison a. Serve as Engineer's liaison with Contractor, working principally through Contractor's superintendent, and assist in providing information regarding the intent of the Contract Documents. b. Assist Engineer in serving as Owner's liaison with Contractor when Contractor's operations affect Owner's on -Site operations. c. Assist in obtaining from Owner additional details or information, when required for proper execution of the Work. 5. Interpretation of Conh•act Documents. Report to Engineer when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by Engineer. 6. Shop Drawings and Samples a. Record date of receipt of Samples and approved Shop Drawings. b. Receive Samples which are furnished at the Specific Project Site by Contractor, and notify Engineer of availability of Samples for examination. c. Advise Engneer and Contractor of the commencement of any portion of the Worlc requiring a Shop Drawing or Sample submittal for which RPR believes that the submittal has not been approved by Engineer. 7. Modifications. Consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications and report such suggestions, together with RPR's recommendations, to Engineer. Transmit to Contractor in writing decisions as issued by Engineer. 8. Review of Work and Rejection of Defective Work a. Conduct on -Site observations of Contractor's work in progress to assist Engineer in deterrninhlg if the Work is in general proceeding in accordance with the Contract Documents. b. Report to Engineer whenever RPR believes that any part of Contractor's work in progress will not produce a completed project that confornzs generally to the Contract Documents or will imperil the integrity of the design concept of the completed Specific Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does Page 2 of 5 Exhibit D —Duties, Responsibilities, and Limitations of Authority of Resident Project Representative );JCDC 1✓-505 Standard Torm of Agreement Behveen Owner and Engineer for Professional Services —Task Order l;dition Copyrighational 5ocicty of Professional Engineers for EJCDC. A11 rights reserved. not meet the requirements of any inspection, test or approval required to be made; and advise Engineer of that part of work in progress that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. 9. Inspections, Tests, and System Start-ups a. Consult with Engineer in advance of scheduled major inspections, tests, and systems start-ups of important phases of the Work. b. Verify that tests, equipment, and systems start-ups and operating and maintenance training are conducted in the presence of appropriate Owner's personnel, and that Contractor maintains adequate records thereof. c. Observe, record, and report to Engineer appropriate details relative to the test procedures and systems start-ups. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over a Specific Project, record the results of these inspections, and report to Engineer. 10. Records a. Maintain at the Site orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the execution of the Contract, Engineer's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Specific Project -related documents. b. Prepare a daily report or keep a diary or log book, recording Contractor's hours on the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to Engineer. c. Record names, addresses, fax numbers, e-mail addresses, web site locations and telephone numbers of all Contractors, subcontractors, and major suppliers of materials and equipment. d. Maintain records for use in preparing project documentation. e. Upon completion of the Work, furnish original set of all RPR Specific Project documentation to Engineer. 11. Reports a. Furnish to Engineer periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. Page 3 of 5 Exhibit D —Duties, Responsibilities, and Limitations of Authority of Resident Project Representative EJCDC E-505 Standard Form of Agreement Between Owner and Engineer for Professional Services —Task Order Edition Copyright 02003 National Society of Professional Engineers for EJCDC. All rights reserved. b. Draft and reconunend to Engineer proposed Change Orders, Work Change Directives, and Field Orders. Obtain backup material from Contractor. c. Furnish to Engineer and Owner copies of all inspection, test, and system startup reports. d. Immediately notify Engineer of the occurrence of any Site accidents, emergencies, acts of God endangering the Work, damage to property by fire or other causes, or the discovery of any Constituent of Concern.. 12. Payn7ent Regarests a. Review Applications for Payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to Engineer, noting particularly the relationship of the payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 13. Cef•tificates, Opet•ation and Maintef�ance Manuals a. During the course of the Worlc, verify that materials and equipment certificates, operation and maintenance manuals and other data required by the Specifications to be assembled and furnished by a Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered to Engineer for review and forwarding to Owner prior to payment for that part of the Work. 14. Comyletion a. Participate in a Substantial Completion inspection, assist in the deternnination of Substantial Completion and the preparation of lists of items to be completed or corrected. b. Participatefinal inspection in the company of Engineer, Owner, and Contractor and prepare a final list of items to be completed and deficiencies to be remedied. c. Observe whether all items on the final list have been completed or corrected and make recommendations to Engineer concerning acceptance and issuance of the Notice of Acceptability of the Work. D. Resident Project Representative shall not: 1. Authorize any deviation from the Contract Documents or substitution of materials or equipment (including "or -equal" items). 2. Exceed limitations of Engineer's authority as set forth in the Agreement or the Contract Documents. 3. Undertake any of the responsibilities of a Contractor, subcontractors, suppliers, or a Contractor's superintendent. Page 4 of 5 )shibit D —Duties, Responsibilitics,amd Limitatimis of Authority of Resident Project Representative CJCDC )✓-505 Standard Pm•m of Agreement Bchveen Owner and >;ngincer for Professional Services —Task Order )Jdition Copyright ©2003 National Society of Professional Engineers for ) JCDC. All rights reserved. 4. Advise on, issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences or procedures of the Contractor's work unless such advice or directions are specifically required by the Contract Documents. 5. Advise on, issue directions regarding, or assume control over safety practices, precautions and programs in connection with the activities or operations of Owner or Contractor. 6. Participate u1 specialized field or laboratory tests or inspections conducted off -site by others except as specifically authorized by Engineer. 7. Accept Shop Drawing or Sample submittals fiom anyone other than Contractor. 8. Authorize Owner to occupy a Specific Project in whole or in part. Page 5 of 5 Cshibit D —Duties, Responsibilitics,nnd Limitations of Authm•ity of Resident Project Representative PJCDC );-505 Standard Rm•m of Agreement Behveen Owner and)✓ngineer for Professional Seiti�ces—Task Order Rdition CopyrightC2003 National Society of ProfessionalEngineers for EJCDC. All rights reserved. This is EXHIBIT E, consisting of 2 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services — Task Order Edition dated , NOTICE OF ACCEPTABILITY OF WORK PROJECT: OWNER: OWNER'S CONSTRUCTION CONTRACT IDENTIFICATION: EFFECTIVE DATE OF THE CONSTRUCTION AGREEMENT: CONSTRUCTION CONTRACT DATE: ENGINEER: To: And To: From: OWNER CONTRACTOR ENGINEER The Engineer hereby gives notice to the above Owner and Contractor that the completed Work fiunished and performed by Contractor under the above Contract is acceptable, expressly subject to the provisions of the related Contract Documents and the terms and conditions set forth on the reverse side pr hereof. By: Dated: Page 1 of 2 Exhibit E -Notice of Accepfability of work EJCDC E-505 Standard Form of Agreement Behveen Owner and Engineer for Professional Services —Task Order Edition Copyright ©2003 National Society of Professional Engineers f 1 EJCDC. All rights reserved. (Reverse side of Notice) CONDITIONS OF NOTICE OF ACCEPTABILITY OF WORK The Notice of Acceptability of Work ("Notice") on the front side of this sheet is expressly made subject to the following terms and conditions to which all persons who receive said Notice and rely thereon agree. 1. Said Notice is given with the skill and care ordinarily used by members of the engineering profession practicing under similar conditions at the same time and in the same locality. 2. Said Notice reflects and is an expression of the professional judgment of Engineer. 3. Said Notice is given as to the best of Engineer's knowledge, information, and belief as of the date hereof. 4. Said Notice is based entirely on and expressly limited by the scope of services Engineer has been employed by Owner to perform or furnish during construction of the Specific Project (including observation of the Contractor's work) under Engineer's Agreement with Owner and under the Construction Contract referenced on the reverse hereof, and applies only to facts that are within Engineer's knowledge or could reasonably have been ascertained by Engineer as a result of carrying out the responsibilities specifically assigned to Engineer under Engineer's Agreement with Owner and the Construction Contract referenced on the reverse hereof 5. Said Notice is not a guarantee or warranty of Contractor's performance under the Construction Contract referenced on the reverse hereof nor an assumption of responsibility for any failure of Contractor to furnish and perform the Work thereunder in accordance with the Contract Documents. Page 2 of 2 Exhibit E -Notice of Acceptability of �Vorit EJCDC E-505 Standard P•a•m of Agreement Behveen Owner and Engineer for Professional Sewices—Task Order Edition Copyright ©2003 National Society of Professional Engineers for EJCDC. All rights reserved. This is EXHIBIT G, consisting of pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services — Task Order Edition dated Insurance Paragraph 6.04 of the Agreement is amended and supplemented to include the following agreement of the parties. G.6.04 hzszrrance A. The limits of liability for the insurance required by paragraphs 6.04.A and 6.04.B of the Agreement are as shown in the attached two certificates of insurance. Pnge I of 3 >✓xhibit G -Insurance );JCDC >;-505 Standard Toren of Agreement I3ehveen Owner and ]✓ngineer for Professional Sewiees—Task Order);dition Copyright ©2003 National Society of Professional Engineers for TJCDC. All rights reserved, i TldsoutiffeatoIsexecuted brt.(berty atual insuinince choup asrr Ls such insurancou11ti ordedb thoseem tea IrAltm68 Ccrlt[IcnEe ofInsurencaof [orogicrtsayincuts. htsccdtBcato{sisaicdacnmatter ofEnlonna[imronly and confcrsnorigAtsupon lhettdi0calandder. TLiscer+itlirnlolsfsotanhrswancapaliayardrlocsnot aBlanall�elyornegedtetymrend,cdendni lteclhocarerogoaRordcdbythopollcics]Istedbeloty, Polloyltmltstuenuless than thoselWed,atthoeglrpolictesmoyInclude additiondsublimilsnotlisted bdoty. Polloyllniftsmayboredu"%dbydalms This is to cerilty (lint (name and address ofIusurcd) KSA Engineers (na OWNH*b t>✓g^r 140117'ylerStSte 600 _ _✓✓ Lougvtelv,TX756017256 .fit tuaTrt is, atthe issuodate oflhtseertiQrnto,{nsuredbylhetbmpanyunderlhepot[oy(ics) listed below. The tnsutnnceaQosdedbyUxiltstedpotto){tas)issubJecrtooil thcirtenns,erclusionsandeondiiioasand j isnot nitcrCOYMYrequire.ment terns or conditionofm edtrlroctoradrerdoewncntsdthrea ttoufi(ch tads cctdReatoma Wimred. Iaimits of Liability' Ex (ration 7' la 7Eff/Psx .hates Palle Numbers Coutimi 1 05/2912008105/2912609 1YC2491449456w018 Coverage orded under WO oC Eniployors Liability nfi _ dlt�gt oigsla(est_._ �__ .Bodily Injury -By -Accident -- xtentied— X -.._..Folic Term....._..._._. __....... -...... ----._..._....._._......._._............._._...._ _.Tx - _....... _....._............--_.....$500,000__.--._.-_..... Accldept. y... Bodity Injury By DISCOse $5002000 Polley Limit woricerx Compensation BodilylnjurYBYDisease $500,000 Ench Person 05/29/2008/05/29/2009 YY2491449456.028 General Aggregata-011101" Main Prod/COmpletod OPorntions General Liability $2,000,000 Products/Completed Operations Aggregate inimMade $2 000 000 Bodlyinjulytyiity per Rxo,cc.rr$czncao'* 1,000 000 Occurrence I3etro Date Porslntnl and Advertising Tnjury Par Person i $1000000 Or anlrsttion Othbr Liability Otlier Liability rlrol) ru eS300,000 Medical Pn ncnt8$5,000 05129/200S IO511912009 AS2491.449456.038 Encll Aceldeut - Singto Llinit- B. i. anti P. D. Combined Automobile Liability $1)000I1000 .Each Person X Owned MINE MEMO I X Noti-Owned I nch Accident or Occtn•rence X Hired Ench Accident or Oecurrauco O Ito ht B N T s IpORUNT If SUORU©A7I0N Is 7lre00Arg+ppttt to Uri 0epsrwmt of sn 05/29/2009 � TH2.691.449456-058 until ritwt s■ days naim ofsnrtr eancellaVon (ur btea malltd to: Office: EItVINO,TX Phone; 972-S50�T899 Certificate Bolder. Proof of insurance 140E Tyler St Ste 600 Longview, TX 75601 Bodity Dantngo onCcr rlp�lstoaweerdScslotrdderintleuoimchendonemwts. aoi ba eancetled on tas than 3a days ndtlta nodco by theGuvrer AANIE14 AIARTIN batalaauad: 05/SO/2008 PnparedBy: KG ACOR.DrN CERTIFICATE OF LIABILITY INSURANCE DATE (MhV00/Y 4 16 2008 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMA71ON PRODUCER ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE McLaughlin Brunson Insurance Agency, LLP HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 9535 Forest Lane, suite 118 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Dallas TX 75243 (214) 503-1212 (214) 503-8899 INSURERS AFFORDING COVERAGE NAIL # INSURED INSURERA: XL specialtyspeciitity insurance Company 37885 XSA Enginears, Inc. and BLOC Design Build LLC INSURERS: INSURER C: 140 S, Tyler St., suite 600 Longview TX 75606 INSURERD: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING WHICH THIS CERTIFICATE MAY BE ISSUED OR ANY —�F�iAY REQUIREMENT, TERM OR CONDITION OF. ANY CONTRACT OR OTHER POLICIES -DESCRIBED HEREINIS-SUB-JECTTO DOCUMENT WITH RESPECT TO ALL'THETERMS-EXCLUSIONS-AND'CONOITIONS-OPSUCH— RTA2 (N,'fiH1 RSUi RRM7FMRDE6-BV THE POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. .......... INSR . ....-- - - .. OD' TYPE OF INSURANCEGENERAL .. _.. _._. pOLICYNUMBER POLICYEFFEDAIF pTIVE MI POUCYE% DATE ob710N LIMITS LTR J= CH OCCURRENCE $ LIABILITY _ AMAGTo HE ED COMMERCIAL GENERAL LIABILITY RISES Eaocc to S !PERSONAL CLAIMS MADE ❑ OCCUR DEXP An one krson) S 6 ADV INJURY 5 GENERAL AGGREGATE S PRODUCTS -COMPIOPAGG S GEN'LAGGREGATE LIMITAPPLIES PER: PRO- LOG POLICY F71 JECT AUTOMOBILE LIABILITY CCMBh1qED SINGLE LIMIT S (Ea acddent) ANY AUTO ALL OWNED AUTOS BODILY INJURY S (Perperson) SCHEDULED AUTOS HIREDAUTOS BODILY INJURY 5 (Par acctdant) NON•OLVNEDAUTOS PROPERTY DAMAGE S (Paracddent) AMONLY -EAACCIOENT S OARAGELIABILITY ANYAUTO EAACC S AUTO ONLY: AGG $ EACH OCCURRENCE S EXC98SIUMBRCLLALIABILITY OCCUR CLAIMS&1ADE AGGREGATE S S DEDUCTIBLE S RETENTION S C STATU- OTYF WORKERS COMPENSATION AND almils ER EMPLOYERV LIABILITY E.L. EACH ACCIDENT S ANYPROPRiETOFEXCUORECUiNE E.L. DISEASE -EA EMPLOYE S„ 1f os,doscnbetinder E.L.OISEASE•POLICYLILUT S SPECIAL PROVISIONS baton OTHER A Professional Lieb. DPR9611656 4/11/2008 4/11/2009 01,000r000 Par Claim 2,000,000 Annual A re eta DESCRIPTION OF OPERATIONS I LOCATIONS !VEHICLES! EXCLUSIONS ADDED BY ENDORSEMENT! 5PECIAL PROVISIONS The claims made professional liability coverage is the total aggregate limit for all claims presented within the annual policy period and is subject to a deductible. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN Kanter Certificate NOTICETOTHBCERT[PICATEHOLDERNAMEDToTHELEFT,BUTFAILURETOD0505HALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. 7UTHORIZEDR£PRESENTATIV9 0 ACORD CORPORATION 1988 ACORD 25 (2001I0) Page l of 2 This is EXHIBIT K, consisting of pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services — Task Order Edition dated Amendment To Taslc Order No. l . Background Data: a. Effective Date of Taslc Order Agreement: b. Owner: c. Engineer: d. Specific Project: 2. Nature of Amendment [Check tl2ose that ar•e applicable arrd delete those that a�•e inapplicable.) ❑ Additional Services to be performed by Engineer ❑ Modifications to Services of Engineer ❑ Modifications to Responsibilities of Owner ❑ Modifications to Payment to Engineer ❑ Modifications to Times) for rendering Services ❑ Modifications to other terms and conditions of the Task Order 3. Description of Modifications Attaclunent 1, "Modifications" [List other Attachments, if any] Page 1 of 2 Exhibit K— Amendment to Taslc Order EJCDC E-505 Standard Pm•m of Agreement Behveen Owner and Engineer for Professional Services —Task Order Edition Copyright C2003 National society of Professional Engineers for EJCDC. All rights reserved. Owner and Engineer hereby agree to modify the above -referenced Amendment. All provisions of the Agreement not modified by thus or effect. The Effective Date of this Amendment is OWNER: ENGINEER: Title: Date Signed: Title: Date Signed: Task Order as set forth in this previous Amendments remain in Page 2 of 2 Exhibit l{ — Amendment to Task Order EJCDC E-505 Standard Form of Agreement Behveen Owner and Engineer for Professional Services —Task Order Edition Copyright MOB National Society of Professional Engineers for EJCDC. All rights reserved. This is Attachment 1, consisting of Amendment No. , dated Order No. do Modifications _ pages, to ; Task [Include the following par agraphs that are appropriate and delete those not applicable to this amendment. Refer to paragraph numbers used in the Task Order, the Agreement, or a previous amendment for clarity with respect to the modifications to be made. Use paragraph numbers in this document for ease of reference herein and in fixture correspondence or arnendinents.J 1. Engineer shall perform the following Additional Services: 2. The Scope of Services currently authorized to be performed by Engineer in accordance with the Task Order and previous amendments, if any, is modified as follows: 3. The responsibilities of Owner are modified as follows: 4. For the Additional Services or the modifications to services set forth above, Owner shall pay Engineer the following additional or modified compensation: 5. The schedule for rendering services is modified as follows: 6. Other portions of the Task Order (including previous amendments, if any) are modified as follows: Page I of 1 Attachment I (h4odifications) to Exhibit IC —Amendment to Task Order EJCDC E-505 Standard Porm of Agreement Behseen Otivner and Engineer fm• Professional Services —Task Order Edition Copyright C2003 National Society of Professional Engineers for EJCDC. All rights reserved. KSA Engineers Inc City of Sanger Project # SNG-OO I NI Task Order This is Task Order No. 1, consisting of 3 pages. In accordance with paragraph 1.01 of the Standard Fonn of Agreement between Owner and Engineer for Professional Services — Task Order Edition, dated ("Agreement"), Owner and Engineer agree as follows. 1. Specific Project Data A. Title: Water and Wastewater Systems Master Plan B. Description: Tlis project will consist of developing a master plan for both the water and wastewater systems for the City of Sanger. The Engineer will conduct field tests on the existing systems and, through AutoCAD, develop a water system model for 6-inch and larger water lines and a wastewater system model for 6-inch and larger wastewater lines. This existing information will be used in conjunction with the City's Comprehensive Plan, NCTCOG population and employment projections and other resources to develop demand projections for 5-year, 10-year, and 20-year conditions. The Engineer will also aid the City in its development of a multi -year Capital Improvements Plan. 2. Services of Engineer• Services to be performed under this Task Order shall be limited to the following as described in Exhibit A of the Agreement and as described in the Attachment 1: Scope of Services. A.1.01 Study and Report Phase —per Exhibit A. In addition, the Owner shall provide KSA with current water and wastewater CAD maps. A.1.02 Preliminary Design Phase —Not Used. A.1.03 Final Design Phase —Not Used. A1.0=1 Bidding or Negotiating Phase —Not Used. A1.05 Construction Phase —Not Used. A1.Ot5 Post-Constrzrction Phase —Not Used. 3. Owner's Responsibilities Owner shall have those responsibilities set forth in Article 2 and in Exhibit B. Owlier shall provide topographical survey of wastewater system as needed to verify pipe slopes. The Owner shall also have those responsibilities as described in the attached Scope of Services. 1JJCDC P-505 Standard Torm of Agreement Behreen Owner and l;nginecr Professional Ser�hces—Task Order Edition Copyright d2004 National Socieqof Professional);ngineers fm• );JCDC. All rights reserved. Task Ordcr No.1 Pau 1 of 3 KSA Engineers Inc City of Sanger Project # SNG-OOIM 4 5 6. T 8. 9. Times for Rendering Services Phase Study and Report including Flow and Pressure Monitoring Payments to I+Jngineer Completion Date 120 Days from Notice to Proceed A. Owner shall pay Engineer for services rendered as follows: Categot y of Services St23dy a31C1 Re�Ort Flow and Pressure Monitoring Compensation 1Vleihod Lu33�p Sum Reimbzn•sable + l.i% Lzz»zp Szzm, ot• Estimate of Cot»pe»sation for Services �60,100 �33,000 B. The terms of payment are set foI•th in Article 4 of the Agreement aizd ui Exhibit C. Consultants: None Other Modifications to Agreement: None Attachments: Attachment l: Scope of Services Documents Incorporated by Reference: None GJCDC);-505 Standard Form of Agreement Behveen Owner and Engineer Professional Services —Task Order Edition Copyright ©2004 National Society of Professional >;ngineers for GJCDC. All rights reserved. Task Order No. 1 Page 2 of 3 KSA Engineers Inc City of Sanger Project # SNG-001 M Terms and Conditions: Execution of this Task Order by Owner and Engineer shall make it subject to the terns and conditions of the Agreement (as modified above), which Agreement is incorporated by this reference. Engineer is authorized to begin performance upon its receipt of a copy of this Task Order signed by Owner. The Effective Date of this Task Order is 0 WNER: City of Sanger By: Name: Joe Higgs Title: Mayor DESIGNATED REPRESENTATIVE FOR TASK ORDER: Name. Robert Woods Title: City Engineer 201 Bolivar Address: Sanger, TX 76266 E-Mail rwoods@sangertexas.org Address: Phone: 940-458-7930 Fax: 940-458-4180 ENGINEER: KSA Engineers, Inc. By: Name: Mitchell L. Fortner, P.E. Title: Vice President DESIGNATED REPRESENTATIVE FOR TASK ORDER: Name: Steve M. Creamer, P.E. Title: Division Manager 8875 Synergy Drive Address: McKinney, TX 75070 E-Mail Address: screamer ,ksaeng.com Phone: 972-542-2995 Fax: 972-542-6750 EJCDC E-505 Standard Porm of Agreement Behveen Owner and Engineer Professional Services —Task Order Edition Copyright ©2004 Natim�al Society of Professional Engineers for EJCDC. All rights reserved. Taslc Order No. r Page 3 of 3 ATTACHMENT 1 SCOPE OF SERVICES Task A. Data Collection &Water System Field Testing A1. Project Kickoff Meeting &Data Request: CONSULTANT will meet with the CITY to review scope and schedule of the project and critical project milestones and future service area. CONSULTANT will present a memorandum outlining data needed for the project. CONSULTANT will review the data request memorandum with the CITY to determine what data and data format is available from the CITY. CONSULTANT will obtain input on customer complaints to determine areas of pressure concerns during summer conditions. A2. Identify and Map Testing Locations to conduct Field Testing: CONSULTANT will meet with the CITY to review the current CAD mapping and identify any error in connectivity, pipe sizes or missing water lines. Identify locations for field testing based on model calibration needs and areas of concern from City. Up to four (4) pressure testing locations will be utilized throughout the City. Prepare procedures for field testing showing proposed location of testing, duration of testing, required SCADA data during testing period, and assistance from Public Works. CITY will provide CONSULTANT with SCADA data from pressure testing period. KSA can help identify waterline omissions and discontinuities from maps, but anticipates that City personnel will complete the necessary fieldwork (pothole lines, locate valves, verify line location/diameter). A3. Conduct Pressure Observation Tests: Assist and coordinate with CITY in performing pressure testing. Testing will consist of recording pressure readings at four (4) locations for a one week time period. KSA will install the equipment and complete pressure testing. A4. Conduct Water Field Testing Data Analysis: CONSULTANT will review pressure testing results and develop mapping and pressure testing graphs. Task B. Wastewater Field Testing B1. Review with CITY Wastewater Flow Monitoring Locations: Meet with CITY to review and recommend up to three (3) wastewater flow monitoring locations. B2. Install Temporary Wastewater Flow Meters: CONSULTANT will review with CITY selected manholes in the field to verify flow meter locations and install three (3) flow meters for a period of 30 days to obtain both dry and wet weather flows. KSA will provide and install the flow meters. ATTACHMENT 1 B3. Conduct Wastewater Field Testing Data Analysis: CONSULTANT will review flow monitoring results and develop dry and wet weather flows, peaking factors from each sewer basin and develop recommendations for infiltration and inflow allowances for EPA recommended S year design storm event. Task C. Water &Wastewater Model Development and Model Calibration C1. Develop Water System Model: CONSULTANT will utilize AutoCAD mapping of the water system and record drawings of recently constructed improvements to develop the water system model for 6" and larger water lines. CONSULTANT will add pumping and storage facility data to the model to represent the 2008 water system conditions. C2. Develop Wastewater Model: CONSULTANT will utilize AutoCAD mapping of the wastewater system and record drawings of recently constructed improvements to develop the wastewater system model for 6" and larger wastewater lines and other critical wastewater lines. CONSULTANT will add lift station facility data and WWTP data to the model to represent the 2008 wastewater system conditions. Typical wastewater models are developed based on the TCEQ minimum slopes of the lines. Field verification of critical flow lines/slopes may be needed to confirm or disprove the model results. The City may consider adding field survey, but this is not required. Field survey will be provided by The City if desired. CI Develop demand Data for Existing Water Model Input: CONSULTANT will review historical records and use information to determine per capita water usage, commercial usage and peaking factors. CONSULTANT will estimate 2009 water demands for various operating conditions including average day, maximum day, peak hour and fire flow conditions. CONSULTANT will utilize field testing results and historical records to develop domestic water demands and commercial water demands. C4. Distribute Existing Water Demands throughout CITY and Conduct Model Calibration: CONSULTANT will allocate water meter billing data (if available) to the hydraulic model and conduct model calibration by adjusting peaking values and demand allocation distribution. CS. Utilize Wastewater Field Testing Results to Develop Flow data for Existing Wastewater Model Input: CONSULTANT will utilize flow monitoring data (if available) and historical records to develop per capita wastewater flows, commercial flows and infiltration/inflow allowances. CONSULTANT will estimate 2009 wastewater flows for average day and peak wet weather flow conditions. C6. Distribute Existing Wastewater Flows throughout CITY and Conduct Model Calibration: CONSULTANT will distribute calculated wastewater flows through system and conduct model calibration by adjusting peaking values and wastewater flow distribution. C7. Meet with CITY to review Water and Wastewater Model Calibration Results: CONSULTANT will prepare mapping showing comparison of field testing pressure results vs. model pressure results for water model calibration and of wastewater meter results vs. modeling results for wastewater model calibration. ATTACHMENT 1 Task D. Develop Land Use Assumptions & Water & Wastewater Load Projections for 5 year, 10 year & 20 year conditions. D1. Meet with CITY to Discuss Proposed Land Uses throughout Future Service Area and Timing of Growth Expansion: CONSULTANT will meet with the CITY to discuss the existing land uses and current and projected NCTCOG population projections, and update as necessary for 5 year, 10 year and 20 year conditions including the ETJ. D2. Develop Land Use Assumptions for 5-year 10-year, & 20 year Conditions: CONSULTANT will utilize the City's Comprehensive Plan, NCTCOG population and employment projections and other resources to develop land use assumptions for 5-year, 10-year and 20 year conditions. The City will solicit input from known significant developers within the planning area. D3. Develop Water Demand Projections: CONSULTANT will use land use maps, the NCTCOG's 2040 demographic projections by TSZ, the CITY's Comprehensive Plan, and input from the CITY's staff to develop future average day, maximum day, and peak hour water demands for 5 year, 10 year and 20 year projections for residential and commercial land uses. D4. Distribute Future Water Demands throughout City —Distribute water demands for each operating condition throughout City using land use assumptions. Large industrial and commercial demands will be distributed as point loads to the water system model. D5. Develop Wastewater Load Projections: CONSULTANT will use land use maps, NCTCOG'S 2040 demographic projections by TSZ, the CITY's Comprehensive Plan, and input from the CITY's staff to estimate existing wastewater loads and to develop future wastewater loads for 5 year, 10 year and 20 year projections for residential and commercial land uses. CONSULTANT will develop the wastewater loads utilizing per capita flow, peaking factors, and Infiltration/Inflow (III) values comparable to those used for modeling and planning in other cities in the region, and in accordance with TCEQ guidelines. D6. Distribute Future Wastewater Flows throughout City —Distribute future wastewater flows for each operating conon throughout each sewer basin using land use assumptions. Large industrial and commercial loads will be distributed as point loads to the wastewater system model. D7. Meet with CITY on Future Water Demands and Wastewater Flows: CONSULTANT will meet with the CITY on future water demands and wastewater flows. Task E. Develop aMulti-Year Capital Improvement Plan E1. Meet with CITY to develop a Water and Wastewater multi -year plan 15, 10, 20 year and ultimate build -out for water and 5 and 10 year for wastewater) for capital improvements and update it on an as needed basis. CONSULTANT will meet with the CITY to work on defining eligible projects, developing a priority ranking system and possible working with staff to identify potential funding sources. Task F. Develop Service Units Equivalents (ESU) F1. Meet with CITY to develop a Service Units Equivalents (ESU) table/chart. Task F may need to be worked on a concurrent basis with Task E. ATTACHMENT 1 Task G. Develop impact fees G1. Meet with CITY to develop a Water/Wastewater Impact Fee Schedule. CONSULTANT will meet with the CITY to work on development of water/wastewater impact fee schedule. Impact fee schedule will need to incorporate measure that will address rough proportionality issues. Task H. Cursory Review and Report H1, Cursory Review of Water and Wastewater Facilities. CONSULTANT will conduct a cursory review of the water supply and treatment facilities, and the wastewater lift stations and treatment facilities. H2. Report Preparation. CONSULTANT will prepare a written report to summarize the results of the water and wastewater systems evaluation and present the results to the City Council during a council meeting or workshop. CITY OF SAMAR 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. December 15, 2008 Joseph D. Iliff, AICP City Manager Reviewed/Approval Initials Date f�" Q ACTION REQUESTED: ❑ORDINANCE ❑ RESOLUTION # ® APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION Consider and possible action on the Preliminary Plat of the Wright Way Park FINANCIAL SUMMARY ®N/A ❑GRANT FUNDS []OPERATING EXPENSE ❑REVENUE ❑CI P []BUDGETED ❑NON -BUDGETED BACKGROUND/SUMMARY OF ITEM The subject property is located at the end of Sable Avenue as it extends east from Interstate 35, just south of the Belz Road interchange. It includes property behind Miguelito's restaurant. The preliminary plat shows the property subdivided into five (5) lots and dedication of right-of-way to extend Sable Avenue to the east. STAFF OPTIONS & RECOMMENDATION The proposed preliminary plat generally conforms to the requirements of the Subdivision Ordinance. Staff recommends approval of the Preliminary Plat of the Wright Way Industrial Park List of Supporting Documents/Exhibits Attached: Preliminary Plat of the Wright Way Park Prior Action/Review by Council, Boards, Commissions or Other Agencies: On October 23, 2008, the Planning & Zoning Commission approved the Preliminary Plat of the Wright Way Park. 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 In Not Applicable Council Meeting Date: Submitted By. December 15, 2008 Joseph D. Iliff, AICP City Manager Reviewed/Approval Initials Date/;y zo< ACTION REQUESTED: ❑ORDINANCE _1241-08� ❑ RESOLUTION # ❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION Public Hearing and Possible Action on a proposed zoning change from Old SF-3 Single Family Residential District — 3 to SF-8 Single Family Residential District — 8 on property legally described as Tract 194 and Tract 195 of the Reuben Beebee Survey, Abstract 29, located at 105 & 107 North 7th Street. FINANCIAL SUMMARY ®N/A ❑GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CI P ❑BUDGETED ❑NON -BUDGETED BACKGROUND/SUMMARY OF ITEM The applicant, Steve Koch, on behalf of the owners, Mike & Carolyn Bucher, are requesting to rezone two lots on the west side of 7th Street at Locust Street from Old SF-3 to SF4. This would reduce the minimum dwelling size from 1,200 square feet to 1,000 square feet. Most of the surrounding homes west of 7th Street are 1,200 square feet or larger. Most of the nearby homes east of 7th Street are less than 1,200 square feet. STAFF OPTIONS & RECOMMENDATION Retaining the Old SF-3 Single Family Residential District would require new houses to better match the surrounding area. Rezoning the property to S174 would permit smaller houses more like those located to the east of the site, south of downtown Sanger. List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other Planning & Zoning Commission Report Agencies: Ordinance 12-,17-08 On December 4`h, the Planning & Zoning Commission conducted a public hearing. One adjacent resident spoke in opposition to the proposal. The Commission voted 3-2 to recommend denial of the proposed rezoning. Because the Commission recommended denial, a 3/a majority vote (4 votes out of 5) would be required to approve the rezoning. r r + 1ZONING COMMISSION AGENDA r Meeting Date: December 4, 2008 Prepared by: Joseph D. Iliff, AICP Public Hearing and Possible Action on a proposed zoning change from Old SF-3 Single Family Residential District — 3 to SF-8 Subject: Single Family Residential District — 8 on property legally 1 described as Tract 194 and Tract 195 of the Reuben Beebee Survey, Abstract 29, located at 105 & 107 North 7th Street. `The subject properties are located at 105 & 107 North 7th Street (7�' Street &Locust Street) within an Old SF-3 Single Family Residential District 3. The properties are surrounded by single-family detached houses. The surrounding properties to the west are also zoned Old SF-3. Properties to the east are zoned SF-8 Single Family Residential District — 8. PROPOSED CHANGE The applicant, Steve Koch, on behalf of the property owners, Mike & Carolyn Bucher is requesting to change the zoning of the properties from Old SF-3 to SF-8 to lower the minimum dwelling size from 1,200 square feet (Old SF-3) to 1,000 square feet (SF-8). The SF-8 zoning district also has lower minimum lot size of 6,000 square feet, rather than 6,500 for Old SF-3. STAFF CONUMNTS Most houses in the surrounding neighborhood are 1,200 square feet or larger. One notification response form was received in time to be included in the Commissioners' packet. It is from the property owners, Mike & Carolyn Bucher, supporting the proposed rezoning. RECOMMENDED CONEMSSION ACTION Retaining the Old SF-3 Single Family Residential District would require new houses to better match the surrounding area. Rezoning the property to SF-8 would permit smaller houses more like those located to the east of the site, south of downtown Sanger. FUTURE ACTIONS City Council is scheduled to consider the proposed rezoning at the December 15, 2008 regular meeting. A written report of the Planning & Zoning Commission's action on the item will be forwarded to the City Council. ATTACHMENTS • Zoning Change Request • List of Notified Property Owners • Returned Notification Response Form • Notification Response Forms 0 Aerial Photo & Zoning Map Date: Name: Address: Phone: /- /i - CJ 5 I am reyquesti/ng the ra C. 7 L change from �� [rCAzo:- located at 7 % t �' The purpose for this zoning request is as follows: Date received C f' l3-� (� � Fee � �a � PD. ,T� ► 3 �; � ck.=� a`13 � Rec'd by -P , _, and legally described as to be considered for a zoning �nwn=o2�� S omoym¢AR�� -$mx2crmn�4 ®® M EZc �m i�ma$m��mg9m>5�=��na�n^_6'".-.m ae_ a \„m oil m N NORTH O mg /3lltl SL o + 00 �N fn OOT N TOT OJ yyZ LL O mms O N O tool3�0 '-�m >> tool mzm O m > zo8 � ZOA A m>m V! .'O � ;a�j m�`m CO +'- A<z m_O "Z> oz> �mm Ao myo ^�mm NZO �nZp 133�1S H1L u'r'd �, � ��x F�� cN'yi a'i i mom Q�mc m. 'a r� oyi �yi �i aom �mcm oNCO 'w0 t2 Two mQo 3tz : �i Go m �m cmm �vm im >mz om N Om n�a 'mA oc mo Nma oo ��0 mood '0 oo 8 moo V'Q m�� _. 3 a �� >� stogy N> m V "I as ;N> m g3 -> c m my 3g. o op& a£ �G 51 `m °n od SG ou ��& n � m gm m- 2rg "-�° y�6c' m° mp m[Z y-Io2 M0 on o0 $"�n z a�m o-"ig A'Szo� 3u oW o,,a ng '�`" mig $mc'z' S'" °a� Ali; 00 og0 Og�z '-O m mm pS nm o9 mO �no�yn�n''m^ Rio Me a0 o>m Nr�rm oaf vF E Zi Z� >i y C �ZyO~ T; Zi I_'� p ° >Z R� TCn -a �1nn Om OS F Op2T W(y T DO yz 9z ��S DOT =U >y [O[ OR fpm 2 YI ln° 41 ynO iw y 00 ? >0 °mZ �L 6—� to t�iN -�m la °m OM N °U Oyy� �mOm��L�— mZZo m.'�N 0m q0n'n ZS ApQN vat a= EZ S°ZZO Om °O Cm� 900j �O p° 00 �OZ Zm Oz OOP> ,002 0 zw N o� 7�s$ �o�g 4w na �� ccN yo -. yO�m 3oVol tz O`n °m im mm m� ��>� $ i i"3� >F sg8 tot loo° o-i � 4 °`.9 zpti o m w Ni �Y M5! -i pi m�n F m= F 4mii ni mfn � Z' sm zm °ptm omm Fo PN$m vm om -Nib Esm oo Aim xOF o,^ om ma mF �o z TT mm�g $m ^ m xm maC Moo�s O000 o 03,'M rS or %i! c nDO �909 o m z z S= m 'mz om �� om m em ?m T mm oti im FmcO yy mFOi5� czai gYn mon o a °m>0�meo T > �m m .°m of 10 FL nm yo on R$ mo ETt'ig 0S0� 5o �m"S y H3 m o mo m g? 7gM m -°�� 0Y of as a g g� c 2m _8m Fp Sx� oQ o u0 So my og �z r ma z�" i zr� g� O N gT zo mom got omm O> ;0 Ra °$A � M mo �o 8p Tim" � m a N> � m g m � s:Ak A{o y ;�AJ1 m H m s 0 > -01 -�1 g t0 �0 �� >0 m0 �>O Z� �° C4(c0 0m ~O mo -1 ;� Z 2 n tZ� 0 P 2�"n m T ., m m M 0 > -1 10.4 Parking Regulations: A minimum of two (2) covered, enclosed spaces shall be provided behind the front yard line. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in Section 28, SECTION 11 "SF-3" -SINGLE FAMILY RESIDENTIAL DISTRICT - 3 General Puroose and Description: This district is designed to accommodate the standard single family residential development of the type and density most commonly found in the city. This district is appropriate as a buffer between multifamily residential areas and lower density single family residential areas. The district can also be appropriately located in proximity to certain neighborhood of local retail and office uses. Densities in this district will range from 3 to 3.5 units per gross acre. 11.1 Permitted Uses: A building or premise inDistrict shall be used only for the following purposes. 1. Any use permitted in the 1SF-1" District or "SF-2" District. 2. Other uses as listed in Section 26 of this ordinance. The following specific uses shall be permitted in an "SF-3" District, when granted in accordance with Section 2 is 1. Uses as listed in Section 26 of this ordinance. 11.2 Height Regulations: No building shall exceed thirty (30) feet in height. Accessory uses shall be a maximum of fifteen (15) feet in height. 1. ,Size of Yards: a. Front Yard: There shall be a front yard having a depth of not less than twenty- five (25) feet as measured from the front building line. Where lots have double frontage, running through one street to another, the required front yard shall be provided on both streets. No required parking shall be allowed within the required front yard. A sixty (60) foot setback is required for all accessory uses. b. Side Yard: There shall be a side yard on each side of the lot having a width of not less than eightAside yard adjacent to a side street shall be not less than twenty (20) feet. No side yard for allowable nonresidential uses shall be less than twenty-five (25) feet. c. Rear Yazd: There shall be a rear yard with a depth of not less than twenty-five (25) feet. Minimum rear yard for accessory buildings shall be not less than ten (10) feet. 12 2. Size of Lot: a. Lot Area. No buildingshall be constructed on any lot of less than eight thousand five hundred (8500) square feet. b �o b. Lot Width: The width of the lot shall be not less than sixty (60) feet at the front street building line. c. I�t Depth: The average depth of the lot shall be not less than one hundred (100) feet. 3. Minimum Dwelling Size: The minimum floor area of any dwelling shall be one thousand two hundred (1200) square feet, exclusive of garages and breezeways and porches. 4. Lot Coverage: In no case shall more than forty percent (40%) of the total lot area be covered by the main building. No more than sixty percent (60%) of the total lot may be covered by the main structure, accessory buildings, driveways and parking. 11.4 Parking Regulations: A minimum of two {2) covered, enclosed parking spaces shall be provided per unit behind the front yard line. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in Section 28. SECTION 12 "SF - 4" -SINGLE FAMII.Y RESIDENTIAL DISTRICT - 4 General Pumose and Description: This district is designed to accommodate single family residential development of somewhat higher density than is most commonly found in the city. This district is appropriate as a buffer between multi -family residential areas or even commercial areas and lower density single family residential areas. Densities in this district will range from 3.5 to 4.5 units per gross acre. 12.1 Permitted Uses:. A building or premise in the "04" District shall be used only for the following purposes: 1. Any use permitted in the "SF-3" District. 2. Other uses as listed in Section 26 of this ordinance. The following specific uses shall be permitted in an "SF-4" District when granted in accordance with Section 27: 1. Uses as listed in Section 26 of this ordinance. 12.2 Height Regulations: No building shall exceed thirty (30) feet in height. Accessory buildings shall not exceed fifteen (15) feet in height. 12.3 Area Re lations: 13 SECTION 16 "SF4" - SINGLE FAMILY RESIDENTIAL DISTRICT - 8 General Purpose and Description - This district is intended to accommodate the existing properties in the older part of town. 16.1 PERMITTED USES: A. Uses permitted in the SF-8 District are outlined in the chart in Section 30. 16.2 AREA REGULATIONS: A. Size of Yards: 1. Minimum Front Yard -Twenty-five feet (25') 2. Minimum Side Yard - eight feet (8'); Twenty feet (20') on corner adjacent to side street. No side yard for allowable nonresidential uses shall be less than twenty-five feet (251)- 3. Minimum Rear Yard - Twenty-five feet (25') B. Size of Lots: 1. Minimum Lot Area -Six thousand (6000) square feet 2. Minimum Lot Width - Sixty feet (60') 3. Minimum Lot Depth - One hundred feet (100') C. Minimum Dwelling Size: One thousand (1000) square feet *D. Maximum Lot Coverage: Forty percent (40%) by the main building; Sixty percent (60%) by the main building, accessory buildings, driveways and parking; and any other concrete work, flat work, etc. E. Parking Regulations: Not less than two (2) off-street parking space shall be provided behind the front yard line. Off-street parking spaces and Loading Requirements shall be provided in Section 32. F. Other Regulations: 1. Accessory Buildings: a. Minimum Front Yazd -Sixty feet (60') b. Minimum Side Yard -Ten feet (10') c. Minimum Rear Yard - Ten feet (10') (Ordinance 09-22-02 adopted 9/3/02) 7z-U4-Uti -REZONING RE( Hipolita Castelazo 111 N 7th St Sanger TX 76266-4634 Khosrow Sadeghian P.O. Box 50593 Denton TX 76206-0593 Billy J Kilgo Michael & Carolyn Bucher P.O. Box 127 P.O. Box 78 Sanger TX 76266-0127 Lake Dallas TX75065-2644 James W Bowery Theresa $ate fa�110wr 103 S 8th St 107 S 8th St 1 Sanger TX 762664613 Sanger TX 76266-4613 Elma K Richardson J E Moss 108 S 8th St 105 S 8th St Sanger TX 76266 Sanger TX 762664613 Donald Masten Wyona Goodner P.O. Box.236 103 N 6th St Sanger TX 76266-0236 Sanger TX 762664609 rsryan r� uaura i�anoway 109 S 8th St Sanger TX 762664613 .even &Charlotte Summers 100 S 8th St Sanger TX 762664614 Richard Anderson 252 Lcr 744 Thornton TX 76687 252 Lcr 744 Thornton TX 76687 Richard Lundberg Michael &Peggy Salters 800 Cherry St 117 S 7th St Sanger TX 762664612 Sanger TX 76266 Gary Phillips Cynthia Moses 102 S 8th St 107 S 6th St Sanger TX 762664614 Sanger TX 76266 John C Johnson Duncan Holliman P.O. Box 1603 P.O. Box 1048 Denton TX 76202-1603 Sanger TX 76266-1048 Robert &Hazel Gregory 118&3 7th St Sanger TX 76266 David Rogge 103 S 6th St Sanger TX 76266 Larry G Klein Springer Family Rentals P.O. Box 74 P.O. Box 248 Sanger TX 76266-0074 Sanger TX 76266-0248 Robert Van Horn Usaid Unit 64902 �, AE 09839-4902 To: City of Sanger Planning & Zoning Commission From: M LCcho, e, I Lac, Date: C.E`lt-- r•-. Re: Public hearing to consider rezoning request Proposed Rezoning: Old SF-3 Single Family Residential District -3 toSingle Family Residential District — $ Subject Property: Tract 194 and Tract 195 of the Reuben Beebee Survey, Abstract 29, located at 105 & 107 North 7th Street Public' /Hearing: 7:00 PM, December 4, 2008, 502 Elm Street Council Chambers I support the proposed rezoning Comments: I oppose the proposed rezoning Please return to City of Sanger Development Services P:O. Box 1729 201 Bolivar St Sanger, TX 76266 940458-7930 CMFRRY I�1N I i INNI t - Subject Property LOCIICT Zoning Map Yellow = Old SF-3 Peach = SF-8 Purple = 2F Duplex Maroon = B-3 Business ORDINANCE 12- 661-08 AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND CENTRAL ZONING MAP, AS HERETOFORE AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM OLD SF-3 SINGLE FAMILY RESIDENTIAL DISTRICT- 3 TO SF-8 SINGLE FAMILY RESIDENTIAL DISTRICT4 ON PROPERTY LEGALLY DESCRIBED AS TRACT 194 AND TRACT 195 OF THE REUBEN BEEBEE SURVEY, ABSTRACT 29; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, all Requests for Changes in Zoning Classifications were duly filed with the City of Sanger, Texas, concerning the hereinafter described properties; WHEREAS, due notice of hearings were made in the time and manner prescribed by law and the Planning and Zoning Commission of the City of Sanger, Texas, duly covered and conducted public hearings for the purpose of assessing zoning classification changes on the hereinafter described properties located in the City of Sanger, Texas; and WHEREAS, an additional opportunity for all interested persons to be heard was provided by the City Council of the City of Sanger, Texas, at open meetings, with proper notice posted; Now Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: Section 1. That the legal description of the property zoned herein is generally described as follows: Tracts 194 & 195 of the Reuben Beebee Survey, Being 0.34 Acres, more particularly described in Exhibit "A" Attached hereto. Section 2. The zoning classification on the herein above described property is hereby changed from Old SF-3 Single Family Residential District-3 to SF-8 Single Family Residential District-8. Section 3 All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Section 4 It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, phrases and words of this Ordinance are severable and, if any word, phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining portions of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional word, phrase, clause, sentence, paragraph, or section. Section 5 Any person, firm, or corporation who shall violate any of the provisions of this article shall be guilty of a misdemeanor and upon conviction shall be fined in an amount not to exceed the sum of two thousand dollars ($2,000.00) for each offense, and each and every day such offense shall continue shall be deemed to constitute a separate offense. Section 6 This ordinance will take effect immediately from and afier its passage and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED, APPROVED AND ADOPTED by the City Council of the City of Sanger, Texas, on this 15t' day of December, 2008. APPROVED: Mayor Joe Higgs ATTEST: City Secretary �• COUNCIL AGENDA ITEM AGENDA TYPE N Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal Yes ❑ Not Applicable Yes ❑ Not Applicable Council Meeting Date: December 15, 2008 Submitted By: Mike Brice City Manager Reviewed/Approval Initials Date j / 6 d ACTION REQUESTED: ❑ORDINANCE ❑ RESOLUTION APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ REAPPOINTMENTS AGENDA CAPTION Consider and Possible Action on Request from I.E.S.I. for the Consumer Price Index Increase of 3.7% Effective January 1, 2009 on Solid Waste Charges as Allowed per Their Contract. FINANCIAL SUMMARY ❑N/A ❑GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CI P ❑BUDGETED ❑NON -BUDGETED FISCAL YEAR: PRIOR YEAR CURRENT YEAR FUTURE YEARS TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM I.E.S.I. is allowed under their contract to annually raise their rates up to the Consumer Price Index for the year. The 3.7% increase reflects the current Consumer Price Index. STAFF OPTIONS & RECOMMENDATION Recommend approval based on the terms of the contract. List of Supporting Documents/Exhibits Attached: Letter from I.E.S.I Prior Action/Review by Council, Boards, Commissions or Other Agencies: 12/08/2008 14:58 8172229996 PAGE 02/03 ISI TX o1rporaion Dccernber 8, 2005 Honorable Mayor and Metx�bers of Council City of Sanger 502 Elm P.O.Box 1729 Sanger, Texas 76266�0017 Re: Price tt�crease Request: Dear Honorable Mayor and Members of Council: IESI would Like to take This opportuiuty to express our appreciatioya..for your business. Per ot�r contract we would like to present to you our annual request for the 2009 rate adjustment. The amount is based on the published Bureau of Labor. Standard Consumer Price Index / Urbau. Consumers October 2007-October 2008. The amount of the request for 2009 is equal to 3.7% TFSZ is requesting this increase to be effective January 1, 2009. October 2005 Indcx- October 2007 I��dex Index Increase - 216573 . 208.936 7.637= 3.7% Increase ft If you have arty questions or ztced additional i��formatioz-�, please feel free to contact me at your earliest co1lve��iencc. Si�acerely, Norm Bulaich, Municipal Manager JES1 TX Corporation 4001 Old Denton Rd, Fort Worth, Texas 76117 (817) 547-9014 0 1 n O a N 0 N N N N N N N N N N N �.( tc1 N� '�," V� O O p p 0 0 0 � 0 p O rp �p pl cY O (D Q p O l0 0 0 0 0 0 �0 �D pJ Vi �D ID rt H 00 V d� Ui A W N ►+ O v� 00 '+ fD a T � �' N N M M r r 1--` 1--+ 1.+ �-+ 1-+ � W VI M O �D �D W W �! 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S -h �. �. n n S O rf W � -s O -,4 O ca -� -+, a) -+ (D CD O O (D O CD 'l O (D (D � o 'o CD D 3 Q C2 (D O Q Q C L O O n1 Q Q o" (D (A cr Q Q o- o- 0 () N o- (D -, c p M << m m�(D<(D z O o ma c m ° -o C O o 0 �•o mm o <3 Q`<<<(DO °v cQ-a c << rn sll •< < rn — C� c c cOi :3 o �. ° o h coi �' m m m m a v < �D (D (D (D -o CD n (D CD (Q m o o w o rt o o 3� o o D (D o (D -+ w -+ c -� -+ O (D \ W W 1 0 00 O O O O Q CD (O O (D 0 (D U) w D nni (OD (O(D O S X X `(D Q-z n n A) O o -� 3 v v 000 fr OOD OD N COPS O W OD O O O O 0000 k v v n O O O O .P W N O O O A v O CTi U1 N � CN3� O N 0 0 0 lD M O 4 OD�� CO (Jj O 0 7' N O ID D Nr M< M< mt n r+ m C. v � v c m N on MO C. 0 n v N -P N N � N � 0 0 O W OD 000� 000r* o v 0 0 0 w< a .con�N� m rn w V CO <D y m Q 12-09-2008 10:50 AM 001-GENERAL FUND -------------------------------------- REVENUE SUMMARY CITY OF SANGER FINANCIAL STATEMENT AS OF: NOVEMBER 30TH, 2008 CURRENT CURRENT Y-T-D % OF BUDGET PERIOD ACTUAL BUDGET CHARGES FOR SERVICES 32,200.00 2,040.00 8,351.04 25.93 SOLID WASTE 0.00 0.00 0.00 0.00 SWIMMING POOL 7,500.00 0.00 17.95 0.24 TAXES, PENALTIES & INTERE 21323,000.00 99,976.75 124,914.30 5.38 HOTEL TAX 16,000.00 0.00 31744.28 23.40 STATE SALES TAX 525,000.00 491290.28 92,311.07 17.58 MIXED DRINK TAX 5,000900 0.00 lf076.46 21.53 BUILDING PERMITS 75,000.00 2,520.00 5,355.00 7.14 HEALTH PERMITS 23,000.00 0.00 550.00 2.39 LICENSES 21400.00 305.00 505.00 21.04 MUNICIPAL COURT 250f735.00 13,142.10 41,498.05 16.55 FRANCHISE FEES 524,000.00 31145.24 30r298986 5.78 LIBRARY 31,277.00 2,237.30 21550.70 8.16 FIRE 750,000.0O 4,547.90 43,809.60 5.84 INTEREST 40,000.0O 5,047.33 14,514.35 36.29 SANITATION TRANSFERS 577,500.00 48,835.23 97,831.74 16.94 CARRY OVER BOND FUNDS 0.00 71,953.76 71,953.76 0.00 MIP"TLLANEOUS 84,060.00 685.63 3,409.30 4.06 BU'. I TRANSFER 297,500.00 55,000.00 255,000.00 85.71 *** TOTAL REVENUES EXPENDITURE SUMMARY 00-GRANT & SAVINGS EXP. 01-CIP BOND EXPENSES 10-MAYOR AND COUNCIL 15-ADMINISTRATION 18-PUBLIC WORKS 20-POLICE 22-ANIMAL CONTROL 24-FIRE 25-AMBULANCE 26-MUNICIPAL COURT 27-CUSTODIAL 28-DEVELOPMENT SERVICES 30-STREETS 32-PARKS 34-POOL 36-FLEET SERVICES 40-SULLIVAN CENTER 42 BRARY 5,564,172.00 -------------- -------------- 358,726.52 797,691.46 14.34 0.00 0.00 ( 30.00) 0.00 0.00 49,588.90 121,542.66 0.00 64,435.00 615.11 47,585.83 73.85 2341623.40 12,669.85 33,341.74 14.34 91,283.88 61986.71 13,643.05 14.95 1,011,200900 57,500.22 125,534.62 12.62 79,598.60 41417.01 9/415922 11.83 544,249.72 18,468.87 98,529.66 20.03 3381240.00 19,784.49 34,900.12 11.32 260,725.40 91515.51 39,111.64 15.17 18,310900 11481.12 3,456.95 18.88 214,152.80 16,716929 32,559.04 15.35 426,455.40 17,825.95 89,873.79 21.74 488,766.00 23,537.34 54,186.27 11.78 54,100.00 307.16 11293.27 2.39 82,667.00 4,159.22 8,985.82 11.96 91800.00 109.79 345.24 3.52 1831906.60 9,167.47 20f984.64 11.98 12-09-2008 10:50 AM C I T Y O F S A N G E R FINANCIAL STATEMENT AS OF: NOVEMBER 30TH, 2008 001-GENERAL FUND CURRENT CURRENT Y-T-D o OF BUDGET PERIOD ACTUAL BUDGET -------------------------------------------------------------------------------------------------- 44-COMMUNITY CENTER 41800*00 207923 368.28 7.67 48-MAIN STREET 0.00 0000 0000 0600 46-ECONOMIC DEVELOPMENT 48,750.00 0800 157.50 0.32 60-TAX SERVICES 22,500.00 2/796963 21796.63 12.43 62-HEALTH SERVICES 8,400.00 0000 41775*00 56.85 64-AMBULANCE SERVICES 0800 0.00 0.00 0000 66-SOLID WASTE 550,000900 42,072.07 84,282*85 15.32 70-DEBT SERVICE 827,204.00 3,888.11 19,685.27 18.47 *** TOTAL EXPENDITURES *** 5,564,167.80 301,815.05 847,325.09 18.07 ** REVENUES OVER(UNDER) EXPENDITURES ** 4.20 56,911947 ( 49,633.63) 213.57- 297,500.00 55,000900 255,000.00 85.71 0800 0.00 0600 0000 0900 0000 0000 0000 0.00 0.00 0.00 0000 0400 0000 0000 0600 0000 0.00 0000 0800 0000 0000 0.00 0000 0000 0000 0500 0.00 0000 0.00 0800 0.00 0.00 0000 0800 0.00 0.00 0800 0000 0000 0600 0800 0.00 0400 0600 0.00 0000 0.00 0.00 0600 0000 0000 0.00 0800 0000 0.00 0600 0800 0.00 0000 0800 0400 0.00 0000 0800 0400 0000 0.00 0.00 0800 0000 0000 0.00 0.00 0000 0600 0800 0000 0000 0900 0800 0.00 0.00 0400 0000 0000 0400 0000 0.00 0000 0000 0800 0000 0800 0.00 0000 0800 0000 0000 0.00 0800 0000 0000 0600 0.00 0800 0.00 0600 TC OTHER FINANCING SOURCES (USES) ( 297,500.00) ( 55,000*00) ( 255,000*00) 85.71 12-09-2008 10:50 AM C ITY OF SANGER FINANCIAL STATEMENT AS OF: NOVEMBER 30TH, 2008 001-GEDIERAL FUND RE4 � LL UES CURRENT CURRENT Y-T-D % OF BUDGET PERIOD ACTUAL BUDGET -------------------------------------------------------------------------------------------------- REVENUES CHARGES FOR SERVICES 00-4120 COMMUNITY CTR. FEES 00-4130 VARIANCES & PLATS 00-4140 COMMUNITY CENTER DEPOSITS 00-4150 DOG POUND FEES 00-4175 GARBAGE BAGS TOTAL CHARGES FOR SERVICES SOLID WASTE 00-4190 SOLID WASTE COLLECTIONS (TRFS) TOTAL SOLID WASTE SWT'"^�tING POOL 00 10 SWIMMING POOL INCOME TOTAL SWIMMING POOL TAXES, PENALTIES & INTERE 00-4310 PROPERTY TAX 00-4321 PENALTY & INTEREST TOTAL TAXES, PENALTIES & INTERE HOTEL TAX 00-4410 HOTEL MOTEL TAX TOTAL HOTEL TAX 4,500.00 1,045.00 2,300.00 51.11 221500.00 750.00 51341.04 23.74 11200.00 ( 100000) 100.00 8.33 41000.00 345.00 610.00 15.25 0.00 0.00 0.00 0.00 32,200.00 2,040.00 81351.04 25.93 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 7,500.00 0.00 17.95 0.24 7,500.00 0.00 17.95 0.24 2,300,000.00 99,751.84 122,626.55 5.33 23,000.00 224.91 2,287.75 9.95 2,323,000.00 99,976.75 124,914.30 5.38 16,000.00 0.00 3,744.28 23.40 16,000.00 0.00 3,744.28 23.40 STATE SALES TAX 00-4425 STATE SALES TAX 525,000.00 49,290.28 TOTAL STATE SALES TAX 525,000.00 491290.28 92,311.07 17.58 92,311.07 17.58 12-09-2008 10:50 AM 001-GENERAL RElv ,sLdUES FUND C ITY OF SANGER FINANCIAL STATEMENT AS OF: NOVEMBER 30TH, 2008 CURRENT CURRENT BUDGET PERIOD ---------------------------------------------------------------------- MIXED DRINK TAX 00-4450 MIXED DRINK TAX TOTAL MIXED DRINK TAX BUILDING PERMITS 00-4510 BUILDING PERMITS TOTAL BUILDING PERMITS HEALTH PERMITS 00-4520 HEALTH PERMITS TOTAL HEALTH PERMITS LICENSES 00-4530 ELECTRICAL LICENSES 00-4540 PLUMBING LICENSE FEES 00-"545 FIRE ALARM/FIRE SPRINKLER 00' 50 AC & MECHANICAL LICENSE FEES 00-4555 IRRIGATION & BACKFLOW LICENSE TOTAL LICENSES MUNICIPAL COURT 5,000.00 5,000.00 75,000.00 75,000.00 23,000.00 23/000000 0.00 0.00 2,520.00 2,520.00 0.00 0.00 Y-T-D % OF ACTUAL BUDGET 1, 076. 46 1,076.46 5,355.00 5,355.00 550.00 2.39 550. 00 2.39 800.00 50.00 100.00 12.50 1,000.00 135.00 285.00 28.50 0.00 70.00 70.00 0.00 600.00 50.00 50.00 8.33 0.00 0.00 0.00 0.00 2,400.00 305.00 505.00 21.04 00-4600 DEFAULT/COURT 18,100.00 490.00 1,650.94 9.12 00-4601 RESTITUTION FEE-LOCAL-RSTL 0.00 0.00 0.00 0.00 00-4602 RESTITUTION FEE-STATE-RSTS 0.00 0.00 0.00 0.00 00-4603 JUDICIAL FEE-COUNTY-JFCT 41800.00 306.05 844.10 17.59 00-4604 JUDICIAL FEE -CITY 1/000000 34.65 94.43 9.44 00-4605 TEEN COURT 0.00 0.00 0.00 0.00 00-4606 EXPUNCTION FEE-EXPUNG 0.00 0.00 0.00 0.00 00-4607 STATE TRAFFIC FEE 24,500.00 983.48 2,693.48 10.99 00-4608 CONSOLIDATED COURT COST04 56,000.00 2,389.88 61383.44 11.40 00-4609 STATE JURY FEE-SJRF 5,400.00 230.96 629.52 11.66 00-4610 CONSOLIDATED COURT COSTS 400.00 41.86 75.86 18.97 00-4611 CJP - POLICE 0.00 0.00 0.00 0.00 00-4612 LEMI COURT COST 0.00 0.00 0.00 0.00 00-4613 LEOA COURT COSTS 0.00 0.00 0.00 0.00 00-4614 JUVENIL CRIME & DELINQUENCY 30.00 1.23 2.23 7.43 00-4615 CHILD SAFETY COURT COST 10,000.00 0.00 61784.25 67.84 00-4616 SECURITY FEES 11300.00 163.40 483.79 37.21 00-4617 INSURANCE & DISMISSAL FEES 700.00 40.00 120.00 17.14 00-4619 JCPT 75.00 4.93 8.93 11.91 00 20 SPECIAL EXPENSE FEE 34,000900 2,923.97 61563.97 19.31 12-09-2008 10:50 AM C I T Y O F S A N G E R FINANCIAL STATEMENT AS OF: NOVEMBER 30TH, 2008 001-GENERAL FUND RED.LiUES CURRENT CURRENT Y-T-D % OF BUDGET PERIOD ACTUAL BUDGET -------------------------------------------------------------------------------------------------- 00-4624 TECHNOLOGY FEE COURT 31500.00 217.87 645.05 18.43 00-4625 FINES 60,000.00 31792.00 91844.05 16.41 00-4626 IMPOUND FEES 0.00 0.00 0.00 0.00 00-4627 WARRANT FEES - FTA 12,400.00 450.00 850.00 6.85 00-4628 ARREST FEES 51300.00 217.33 736.31 13.89 00-4630 LEOSE-POLICE 0.00 0.00 0.00 0.00 00-4631 FUGITIVE APPRENHENSION 150.00 12.31 22.31 14.87 00-4632 TIME PAYMENT FEES 0.00 0.00 0.00 0.00 00-4633 CTVOC - POLICE 400.00 36.94 66.94 16.74 00-4636 CORR.MANGT.INSTIT.CJCF 30.00 1.23 2.23 7.43 00-4637 TRAFFIC CODE 11550.00 87.40 263.20 16.98 00-4640 DEF.DRIVING. DDC (COURT) lf200.00 40.00 160.00 13.33 00-4642 CASH BONDS COURT 200.00 0.00 778.00 389.00 00-4643 TIME PAYMENT LOCAL 2,600.00 85.94 246.82 9.49 00-4644 SEATBELT SAFETY 0.00 0.00 0.00 0.00 00-4645 MUNICIPAL SERVICE BUREAU 31400.00 395.00 762.36 22.42 00-4646 TIME PAYMENT STATE 21700.00 85.94 246.83 9.14 00-4647 BEER & WINE PERMIT FEES 0.00 0.00 230.00 0.00 00-4648 INDIGENT DEFENSIVE FD. 11000.00 109.73 309.01 30.90 TOTAL MUNICIPAL COURT 250f735.00 13,142.10 41,498.05 16.55 FRANCHISE FEES 00-4650 FRANCHISE FEES-ATMOS ENERGY 65,000.00 0.00 0.00 0.00 00-4660 FRANCHISE FEES/EMBARG 16,000.00 2,758.70 2/758970 17.24 00-4670 FRANCHISE FEES-COSERVE DCEC 80,000.00 0.00 26,838.74 33.55 00-4680 FRANCHISE FEES-CEBRIDGE 11,500.00 0.00 0.00 0.00 00-4685 FRANCHISE FEES EF 350,000.00 0.00 0.00 0.00 00-4690 FRANCHISE FEE/IESI DUMPSTERS 1,500.00 264.14 579.02 38.60 00-4695 RIGHT-OF-WAY FEES 0.00 122.40 122.40 0.00 TOTAL FRANCHISE FEES 524,000.00 31145.24 30f298a86 5.78 LIBRARY 00-4710 LIBRARY - DENTON CO. INT/LOCAL 18,000.00 11950.00 lr950.00 10.83 00-4715 LIBRARY GRANT 4,777.00 0.00 0.00 0.00 00-4720 MISC. INCOME LIBRARY 8,500.00 287.30 600.70 7.07 TOTAL LIBRARY 31,277.00 21237.30 21550.70 8.16 12-09-2008 10:50 AM 001-GENERAL FUND RE'v L,iUES ------------------- C ITY OF SANGER FINANCIAL STATEMENT AS OF: NOVEMBER 30TH, 2008 CURRENT BUDGET CURRENT PERIOD ACTUAL BUDGET ---------------------------------------- 00-4740 FIRE-DENTON CO. INT/LOCAL 10,000.00 0.00 0.00 0.00 00-4750 FIRE RUNS/ REIMB.AMB. DENTON 200,000900 0.00 26,910.00 13.46 00-4760 F.I.R.E. INSURANCE BILLING 0.00 0.00 0.00 0.00 00-4765 FIRE - GRANT FUNDING 115,000.00 0.00 0.00 0.00 00-4770 INTERMEDIX REVENUE(AMB) 425,000.00 4,547.90 16,899.60 3.98 00-4780 TDHCA STATE GRANT FUNDS** 0.00 0.00 0.00 0.00 TOTAL FIRE 750,000.00 41547.90 43,809.60 5.84 INTEREST 00-4800 INTEREST INC. G.F. 30,000.00 41950.64 14,363.29 47.88 00-4801 INT. INCOME DEBT SERVICE 10,000.00 96.69 151.06 1.51 TOTAL INTEREST 40,000.00 5,047.33 14,514.35 36.29 SANITATION TRANSFERS 00-4891 SANITATION TRANSFER ER ENT.FDS 577,500.00 48,835.23 97,831.74 16.94 TOTAL SANITATION TRANSFERS 577,500.00 48,835.23 97,831.74 16.94 CARRY OVER BOND FUNDS 00-4901 2006 CARRY OVER BOND FDS 0.00 7,188.16 7,188.16 0.00 00-4902 07 CARRY OVER BOND FD. PWKS 0.00 64,765.60 64,765.60 0.00 TOTAL CARRY OVER BOND FUNDS 0.00 71,953976 71,953.76 0.00 MISCELLANEOUS 00-4910 MISC. INC. G.F. 10,000000 580.63 3,115.85 31.16 00-4911 BEAUTIFICATION BOARD 0.00 0.00 83.45 0.00 00-4912 OVER AND UNDER 0.00 0.00 0.00 0.00 00-4913 FEMA DISATER FUNDS 0.00 0.00 0.00 0.00 00-4914 TDHCA GRANT FUNDS 0.00 0.00 0.00 0.00 00-4915 TDCA SECTION VII HOUSING ASST. 11560.00 105.00 210.00 13.46 00-4920 SANGER ISD/RESOURCE OFFICER 32,500.00 0.00 0.00 0.00 00-4930 RETURN CHECK FEES 0.00 0.00 0.00 0.00 00-4940 PARK DONATIONS/GRANT FDS 0.00 0.00 0.00 0.00 00-4950 LOAN PROCEEDS FOR POLICE BLDG 0.00 0.00 0.00 0.00 00-4960 BOND PROCEEDS 0.00 0.00 0.00 0.00 00-4980 DUE FROM ENT. FD PAYROLL 0.00 0.00 0.00 0.00 00-4985 TRANSFERS FROM 4A/4B 40,000.00 0.00 0.00 0.00 TOTAL MISCELLANEOUS 84,060.00 685.63 3/409930 4.06 12-09-2008 10:50 AM 001-GENERAL FUND RED/ �LiUES C ITY OF SANGER FINANCIAL STATEMENT AS OF: NOVEMBER 30TH, 2008 CURRENT CURRENT BUDGET PERIOD ACTUAL BUDGET BUDGET TRANSFER 00-4990 BUDGET TRANSFER FROM ENT FUND 00-4991 TRANSFERS FROM MM, SGS. TOTAL BUDGET TRANSFER *** TOTAL REVENUES *** 297,500.00 0.00 297,500.00 5,564,172.00 -------------- -------------- 55,000.00 0.00 55,000.00 358,726.52 255,000.00 85.71 0.00 0.00 255/000800 85.71 797,691.46 14.34 12-09-2008 10:50 AM 008-ENTERPRISE FUND REVENUE SUMMARY C ITY OF SANGER FINANCIAL STATEMENT AS OF: NOVEMBER 30TH, 2008 CURRENT BUDGET CURRENT PERIOD ACTUAL BUDGET WATER 1,300,000.00 83,449.35 175,386.75 13.49 SEWER 900,000.00 711217.53 145,367.65 16.15 SANITATION 5771500.00 481611.15 971458.28 16.88 ELECTRIC GROUP 8,490,000.00 476,929.65 lf039f553.60 12.24 WATER TAPS 100,000.00 2,000.00 6,000.00 6.00 SEWER TAPS 100,000.00 2,000.00 6,000.00 6.00 CONNECT FEES 40,000.00 31590.00 9,815.00 24.54 OTHER INCOME 3,000.00 59.08 5,804.92 193.50 INTEREST 65,000.00 21,027.80 44,920.59 69.11 SANITATION TRANSFERS ( 577,500.00) ( 48,835.23) ( 97,831.74) 16.94 CARRY OVER BOND FUNDS 0.00 0.00 0.00 0.00 MISCELLANEOUS INCOME 20,000.00 639.65 11599.90 8.00 BUDGET TRANSFER ( 297,500.00) ( 55,000.00) ( 189,178.18) 63.59 *** TOTAL REVENUES *** 10,720,500.00 605,688.98 1,244,896.77 11.61 EXDITURE SUMMARY 00-SAVINGS &MM EXPENSES 0.00 17,786.77 83,764.77 0.00 01-CIP BOND EXPENSES 0.00 48,463.00 77,851.00 0.00 10-MAYOR AND COUNCIL 21,952.00 615.08 2,539.29 11.57 15-ADMINISTRATION 234,623.40 11,933.87 321995.03 14.07 18-PUBLIC WORKS 91,283.88 41934.19 10,623.45 11.64 19-DATA PROCESSING 294,131.00 18,023.47 401105.31 13.90 27-CUSTODIAL 18,554.00 11478.12 31253.30 17.53 36-FLEET SERVICES 82,667.00 41159.14 8,985.73 11.87 50-WATER 901,576.00 67,080.34 143,372.28 16.36 52-WASTE WATER COLLECTION 207,967.00 502.01 11203.68 0.58 54-WASTE WATER TREATMENT 401,195.40 28,492928 44,867.22 11.18 58-ELECTRIC 71441,998.00 4281413.22 924,543.72 12.44 70-DEBT SERVICE 11023,229.00 78,805.00 78,805.00 7.70 *** TOTAL EXPENDITURES *** 10,719,176.68 710,686.49 1,452,909.78 13.62 ** REVENUES OVER(UNDER) EXPENDITURES ** 1,323.32 ( 104,997.51) ( 208,013.01) 258.53- ( 297,500.00) ( 55,000.00) ( 189,178.18) 63.59 0.00 0.00 0.00 0.00 12-09-2008 10:50 AM 008-ENTERPRISE FUND C ITY OF SANGER FINANCIAL STATEMENT AS OF: NOVEMBER 30TH, 2008 CURRENT CURRENT BUDGET PERIOD -------------------------------------- 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Y-T-D % OF ACTUAL BUDGET ----------------------- 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL OTHER FINANCING SOURCES (USES) 297,500.00 55,000.00 189,178.18 63.59 12-09-2008 10:50 AM C ITY OF SANGER FINANCIAL STATEMENT AS OF: NOVEMBER 30TH, 2008 008-ENTERPRI0E FUND RE. _4UES CURRENT CURRENT Y-T-D o OF BUDGET PERIOD ACTUAL BUDGET -------------------------------------------------------------------------------------------------- REVENUES I 00-4000 UTILITY UNRESOLVE DIFFERENCE 0.00 0.00 0.00 0.00 00-4101 UNRESOLVE CUSTOMER'S DEPOSIT 0.00 0.00 0.00 0.00 00-4110 WATER BILLING 1,3001000.00 83,449.35 175,386.75 13.49 TOTAL WATER 1,3001000.00 83,449.35 175,386.75 13.49 SEWER 00-4120 SEWER BILLING 900,000000 71,217.53 145,367.65 16.15 TOTAL SEWER 900,000.00 71,217.53 145,367.65 16.15 SANITATION 00-4130 SANITATION BILLING 577,500.00 48,611.15 97,458.28 16.88 TOTAL SANITATION 577,500.00 48,611.15 97,458.28 16.88 ELECTRIC GROUP 00-4140 ELECTRIC INCOME 7,300,000.00 388,591.48 8581953.66 11.77 00-4145 SECURITY LIGHTS 40,000.0O 31220.74 6/445927 16.11 00-4150 DEMAND CHARGE 11000,000.00 74,346.76 1471560.12 14.76 00-4155 SALES TAX INCOME 0.00 0.00 0.00 0.00 00-4160 PENALTIES BILLED 150,000.00 10,770.67 26,594.55 17.73 TOTAL ELECTRIC GROUP 8,490,000.00 476,929.65 lr039r553960 12.24 WATER TAPS 00-4200 WATER TAPS 100,000.00 2,000.00 6,000.00 6.00 TOTAL WATER TAPS 100,000000 2,000.00 6,000.00 6.00 SEWER TAPS 00-4220 SEWER TAPS 100,000000 2/000900 61000.00 6.00 TOTAL SEWER TAPS 100,000000 2/000900 61000.00 6.00 ti 12-09-2008 10:50 AM DOP`"ENTERPRISE FUND REVENUES ---------------------------------------- �ONNECT D0-4300 TOTAL FEES CONNECT FEES CONNECT FEES JTHER INCOME C ITY OF SANGER FINANCIAL STATEMENT AS OF: NOVEMBER 30TH, 2008 CURRENT BUDGET 40,000.00 40,. 00000 CURRENT PERIOD 3,590.00 3,590600 ACTUAL BUDGET 9,815.00 9,815.00 24.54 24.54 �0-4400 SALES TAX 0.00 0.00 0.00 0.00 )0-4500 METER BASES 0.00 0.00 0.00 0.00 )0-4510 SAWSET POLE FEE 3,000.00 60.00. 180.00 6.00 J0-4520 DELQ. ACCT. ARRS. 0.00 0.00 0.00 0.00 )O-4530 POLE CONTACT FEES 0.00 0.00 51915.00 0.00 DO-4540 MINOR TOOLS 0.00 0.00 0.00 0.00 DO-4550 OVER & UNDER E.F. 0.00 ( 0.92) ( 290.08) 0.00 TOTAL OTHER INCOME 3,000.00 .59.08 5,804.92 193.50 INTEREST D0-4800 INTEREST INCOME E.F. 50,000.00 20r793.51 44,414.28 88.83 D0-' 01 INTEREST INCOME DEBT SERV. 15,000.00 234.29 506.31 3.38 DO-mo0"02 INTEREST 91 SERIES 0.00 0.00 0.00 0.001 DO-4860 BOND PROCEEDS 0.00 0.00 0.00 0.00 TOTAL INTEREST 65,000.00 21,027.80 441920.59 69.11 SANITATION TRANSFERS 00-4891 SANITATION TRANSFER TO GF ( 577,500.00) ( 48,835.23) ( 97,831.74) 16.94 TOTAL SANITATION TRANSFERS ( 577,500.00) ( 48,835.23) ( 97,831.74) 16.94 �ARRY OVER BOND FUNDS DO-4900 06 CARRY OVER BOND FUNDS 0.00 0.00 0.00 0.00 00-4901 07 CARRY OVER BOND FUNDS 0.00 0.00 0.00 0.00 TOTAL CARRY OVER BOND FUNDS 0.00 0.00 0.00 0.00 KISCELLANEOUS INCOME 00-4910 MISC. INCOME ENTR.FD 15,000.00 394.65 969.90 6.47 00-4920 INSUFF. CHECKS RECOVERED 0.00 0.00 0.00 0.00 00-4930 RETURN CHECK FEES 5,000.00 245.00 630.00 12.60 00-4935 WALMART PROCEEDS FOR TXCAP.FD 0.00 0.00 0.00 0.00 00-4940 DUE TO E.F. FROM 96 ESCROW CON 0.00 0.00 0.00 0.00 00-4945 TX.CAPITAL FD. PROCEEDS 0.00 0.00 0.00 0.00 00-4950 PRIOR YEAR INCOME 0.00 0.00 0.00 0.00 00-4180 GNB LOAN PROCEEDS 0.00 0.00 0.00 0.00 AL MISCELLANEOUS INCOME 20,000.00 639.65 1/599690 8.00 12-09-2008 10:50 AM C ITY OF SANGER FINANCIAL STATEMENT AS OF: NOVEMBER 30TH, 2008 008-ENTERPRISE FUND RE'v �AUES CURRENT CURRENT Y-T-D o OF BUDGET PERIOD ACTUAL BUDGET BUDGET TRANSFER 00-4990 BUDGET TRANSFERS (OUT) 00-4991 TRANSFER FROM MM, SVGS. TOTAL BUDGET TRANSFER *** TOTAL REVENUES *** ( 297,500.00) ( 55,000.00) ( 255,000.00) 85.71 0.00 0.00 65,821.82 0.00 ( 297,500.00) ( 55,000.00) ( 189,178.18) 63.59 10,720,500.00 605,688.98 1,244,896.77 11.61 2:04 PM Sanger Area Chamber of Commerce 12/02/08 Profit & Loss ((ccrual Basis January 1 through December 2, 2008 Jan 1 -Dec 2, 08 Ordinary Income/Expense Income Annual Banquet & Auction 10,542,00 Family Movie Night-900.00 Golf Tournament 600.00 Hotel / Motel Tax 6,143.06 Little Angel Donations 250.00 Map Advertising-200.00 Membership Dues 17,955.00 Misc 21266,63 Rabies Clinic 41648,00 Sellabration 20,480,25 Total Income 61,784,94 Expense Advertising Want Ads 48.00 Advertising - Other 460,00 Total Advertising 508.00 Awards & Membership Banquet 21495,68 Bank Loan Interest 169.25 Bank Service Charges Check Order 198.27 Pay Pal Service Charge 12.07 Total Bank Service Charges 210.34 Building Repairs 870.73 Contract Labor 11665,78 Downtown Development Assn. Exp. Francise Tax 0.00 Downtown Development Assn. Exp. - Other 31572,34 Total Downtown Development Assn. Exp. 31572,34 Insurance Building Insurance 543.60 Worker Compensation Insurance 384.00 Insurance- Other 313.00 Total Insurance 1,240.60 Memberships & Dues 287.50 Miscellaneous Helium Tank Rental 129.95 Member Plaques 31.87 Membership Decals 367.39 Retreat Luncheon 37.27 Miscellaneous - Other 12.00 Total Miscellaneous 578.48 Mixer Expense 54.00 Newsletter Expense 339.50 Office Cleaning Window Cleaning 147.50 Office Cleaning - Other 59.80 Total Office Cleaning 207.30 Office Expense Bulk Rate Permit 977.88 Computer Service 901.64 Copier Lease 11100,00 Phone 21505,76 Post Office Box 175.00 Postage 559.88 Printer-Ink/Toner 278.12 Software 171.44 Supplies 731.67 Page 1 2:04 PM Sanger Area Chamber of Commerce 12/02/08 Profit & Loss ccrual Basis January 1 through December 2, 2008 Total Office Expense Payroll Taxes Monthly Payroll Taxes Quarterly Payroll Taxes Weekly Payroll Taxes Payroll Taxes - Other Total Payroll Taxes Rabies Clinic Expense Safe Spook Expense Sellabration Expense subcriptions Utilities Electric & Water Gas Utilities - Other Total Utilities Website 65au * Payroll Wage Expense 6999 • X- Uncategorized Expenses Cash Box Total 6999 * X-Uncategorized Expenses Total Expense Net Ordinary Income Other Income/Expense Other Income Uncategorized Income Cash Box Change Total Uncategorized Income Total Other Income Other Expense Cash Box Change Other Expense Total Other Expense Net Other Income Net Income Jan 1 -Dec 2, 08 71401, 39 421,96 738.98 39,55 1,411 A3 21611,92 31686, 00 10& 70 13,158695 23,00 11563,84 545.79 167.52 2/277415 385,40 12,177,00 200,00 200,00 54,227,01 71557,93 150,00 150,00 150,00 150,00 15,54 165,54 -15,54 7,542.39 Page 2 BANGER PUBLIC LIBRARY MONTHLY REPORT NOVEMBER 2008 Submitted by Victoria Elieson HIGHLIGHTS: An "age of collection" survey was conducted for the Standards discussion at Library Board. The library is doing better than expected, with 19.5% of the collection 5 years old or newer. It was noticed that paperback donations really helped. The library rarely buys paperback fiction, and yet 41 % of paperbacks are 5 years old or newer. )VD and hard back fiction donations also helped, but to a lesser degree since the library buys more of those. ADMINISTRATION: Google Analytic shows that the Library website was visited 360 times in November. An average of 2.86 pages were viewed by each visitor. Interviews were held for many of the 25 applicants for the part-time position. Meetings attended: Library Board, 11/10 Rotation Packet Exchange, 11/20, Aubrey CIRCULATION: Assembled new audiobook and videotape packets to rotate between small Denton County libraries. COLLECTION: Continued the re-barcoding project. This month Fiction, Junior Biographies and microfilm were done. PROGRAMS: Boole Clubs for teens and adults met. Two Needlework workshops for all ages were also conducted. The Storytime theme was "All About Me". During the program "My Name", the children made name tags to wear the rest of the month so that the presenter will start to learn their names. At the "I'm Special" program, kids made a book about their families, their favorite things and other unique things about themselves. Several of the children were really excited to make fingerprint animals in the program on "My Body". Because of a holiday staff shortage, Kathy Whitely volunteered to present the final program of the month "My Feelings". NOVEMBER 2008 STATISTICS 2007 2008 BORROWER CARDS Last Month 4017 4086 New Cards 30 37 Cards withdrawn 0 1 Cards reactivated 12 10 TOTAL 4059 4132 CIRCULATION Nonfiction 326 257 Fiction 575 707 Junior Fiction 118 134 Children's Books 438 420 Leased Books 225 179 Interlibrary Loan 12 25 Spanish Materials 11 28 Audio Books 104 96 Music CDs 40 26 Video Materials 574 497 Equipment 2 3 TOTAL CIRCULATION 2425 2372 INTERNET USERS 764 879 PROGRAMS Children's Programs 11 7 Children Attending 115 75 Adults Attending 57 27 Other Programs 2 4 Number Attending 25 20 VOLUNTEERS Number of Adults 6 7 Number of Juniors 4 1 Number of Hours 49 43 COLLECTION Books 15,781 15,205 Leased Books 193 179 Paperback Fiction 21452 21510 Audio Books 568 604 Music CDs 385 408 CD-ROM 199 200 Videocassettes 885 893 DVD 400 520 Microfilm 75 77 Equipment 4 4 TOTAL COLLECTION 20,942 20,600 REVENUE Fines $122095 $216,40 Copies $83,60 $61455 ILL Postage $21,62 $35,22 New Cards $0.75 $1,25 Lost Materials-$12.20 TOTAL $228692 $302,22 `4 o v` Sanger Public Library BOOK REVIEW Picfiure Perfe%vT Weigh} Loss 30 Day Plan BY LYNN S. SMILAND With the holidays rapidly approaching, accompanied by delicious goodies of all kinds, weight -conscious types are already dreading either depriving themselves of tasty treats or dealinowith unwanted extra pounds. Trying to eat in a healthy way-c-an be confusing or even seem impossible during the holiday season. Two recent books by Dr. Howard M. Shapiro, "Picture Perfect Weight Loss" and "Picture Perfect Weight Loss 30 Day Plan", from Prevention magazine and Rodale Press, may be the solution. In a return to the traditional calorie counting that preceded Atkins, the Zone, Somersizing, Sugar Busters, and their many counterparts, the "Picture Perfect" books focus on helping the reader make more healthy food choices and maximizing quantity of food and nutrients. Rather than memorizing loads of calorie counts or having to carry a calorie guide around, the reader is taught some general principles based on the familiar food pyramid, "Food Awareness Training". For instance, fruits and vegetables, whether fresh, canned, or frozen, can all be eaten "as much as possible, as often as possible" id are the foundation of the pyramid. Proteins come next, with aphasic on soy products, beans, legumes, and seafood, and can be eaten liberally. Grains are next, preferably light versions or whole grains. Fats and oils, including olives, nuts, seeds, and avocado, are to be used cautiously because fat calories add up quickly. At the top of the pyramid are treats, such as hard candies and low calorie frozen desserts. Some of the common pitfalls are also exposed. For instance, when an item says "sugar free", it is often sweetened by another substance, such as corn syrup, that has just as many calories. Items labeled "fat free" must be free of fat, but the carbohydrates and other ingredients added to take the its place may have even more calories than the fat would have. Labels of "less" and "reduced" can also easily mislead the consumer. With these principles in mind, and paying attention to calorie counts of processed foods and meats, dieting doesn't have to mean starving. For instance, one cup of cooked white rice has about the same number of calories as 10 cups cauliflower with herbs and Parmesan cheese, which would be beyond filling. One fat -free cookie can have as many calories as an entire small Vitamin A -rich cantaloupe. In other words, there is no reason to go hungry in order to lose weight. Instead, make those choices that allow a satisfying amount of food. i Besides, hunger pangs and that deprived feeling dieters often get can easily lead to loss of willpower. To drive the point home, both books are full, of full page, color photographs showing comparisons like these. The visual impact is stunning, much more effective than charts or graphs, and easier to all later. The image of a cup of cashews, easy to munch mindlessly while watching TV, will be hard to picture now without its caloric -equivalent companion of 8 medium baked potatoes with salsa. The two books are easy to read, especially since so many pages are illustrations. Shapiro stays away from the scientific and technical aspects of calories and nutrition and focuses more on the visual demonstrations of how much more a person can eat, and still lose weight, when making sensible choices. Most of his calorie counts were accurate when checked against other books, but a few were questionable. For example, he has one chicken nugget at 80 calories, but three sources I checked showed 4047 calories per nugget. He is also a big fan of soy meat replacements, such as Boca Burgers, which the general public has not wholeheartedly embraced yet- especially in Texas, where we do love our meat. What is the difference between the two books? Primarily in the way the "30 Day Plan" book focuses on one meal for each week. The original book leaves it more in the reader's hands when and how to implement changes. It also covers dining out and the pitfalls and fallacies of many fad diets. The advantage to using both books, especially if you are a visual learner, is having twice the number of comparison photos and therefore more examples and variety. Both "Picture Perfect Weight Loss" and "Picture Perfect Weight Loss 30 Day Plan" are available now at Sanger Public Library, 501 Bolivar. Your may also reserve your copy by calling 458-3257, or by using the library's e-mail: library@sangertexas.org, r� �r • Review the process by which local taxing units calculate their effective tax rate. • Consider adding language to the Property Tax Code that would allow local taxing units to recapture borrowed funds or funds used from the reserve fund to fund emergencies without being subject to a rollback election. • Continue studying the policy implications of lowering the current appraisal cap. Some of the recommendations appear favorable from a city perspective; some raise questions. Once concern is the recommendation that if a city adopts the proposed new sales tax for property tax relief, the city's rollback rate would be cut from eight to five percent. As an article elsewhere in this update points out, municipal cost inflation currently stands at 8.4 percent for the past 12 months. In other words, just to keep up with inflation would require every Texas city to exceed the current rollback rate of eight percent. Previous research conducted by TML indicates many cities won't do that, of course, but from an inflationary perspective it would be entirely defensible. Throw population growth into the mix, and justifiable revenue growth for many cities now exceeds ten percent annually. A five -percent rollback rate is logically indefensible under current circumstances. Also of interest is the recommendation related to reviewing "the process by which local taxing units calculate their effective tax rate." It is likely that this recommendation stems from a belief that the effective rate has grown too complex over time (see an article from. the August. 21, 2008, TML Legislative Update for a more complete explanation: http://www.tml.org/leg updates/legis update082108b committees.html). While there is some merit to this argument from a tax rate notice perspective, it is also possible that this initiative will be viewed by some legislators as a convenient platform from which to inject true revenue capping features into state law. The TML staff will monitor closely any bills that purport to "simplify" the effective property tax rate in any way. TDHCA RELEASES NEIGHBORHOOD STABILIZATION PROGRAM ACTION PLAN The Neighborhood Stabilization Program (NSP), which was authorized in the federal Housing and Economic Recovery Act of 20085 allocates a total of $178 million to be distributed among Texas cities, counties, and nonprofits in order to redevelop abandoned and foreclosed properties that have become sources of blight. Of this total amount, the U.S. Department of Housing and Urban Development (HUD) has allocated roughly $76 million directly to the Texas cities and counties determined to be in most need of the funds. HUD has allocated the remaining $102 million to the state to be distributed according to aHUD-approved plan. 2 On November 9, the Texas Department of Housing and Community Affairs (TDHCA) released a proposed Action Plan detailing how the $102 million is to be distributed. Along with the Office of Rural Community Affairs and the Texas State Affordable Housing Corporation (TSAHC), TDHCA will split the funds into four separate categories. First, $51 million will be allocated directly to local governments and nonprofits within the 25 counties determined by TDHCA to have the greatest need for the funds. An additional $31 million in funding will be made available on a competitive basis to local governments and nonprofits in the 76 counties with the next highest "need score" based on TDHCA's formula. An additional $10 million will be used for land banking activities through TSAHC. Finally, $10 million will be used for the administration of the program. According to TDHCA, roughly $5 million of the program administration funds will be kept by the state to administer the program, while the other $5 million will be passed through to grant recipients to use for their administrative costs. The Action Plan also provides that all applications for funds must be submitted to TDHCA within 30 days of TDHCA posting notification on its website that HUD has approved the Action Plan. TDHCA anticipates that HUD will approve the plan by February 2009. It is important for a city to coordinate with other eligible applicants within the county to ensure that city proposals do not duplicate the requests of other entities. The TDHCA Board of Directors approved the Action Plan at its November 13 meeting. In doing so, the board authorized the TDHCA staff to amend the plan as necessary based on public comments received prior to TDHCA's submission of the plan to HUD on December 1. TDHCA will receive public comments on the Action Plan until November 26. The Action Plan can be found at http://www.tdhca.state.tx.us/pdf/a�endas1081109-NSP- Actionplan-081109.pdf. MUNICIPAL COST INFLATION REMAINS ABOVE EIGHT PERCENT The Municipal Cost Index (M(T), developed exclusively by American City and County magazine, shows the effect of inflation on the cost of providing municipal services. The MCI is used to study price trends, help control price increases for commodities, make informed government contract decisions, and facilitate sound budget planning. The MCI determines the cost of inflation and the rising cost of doing business as a local government. According to American City and County magazine, the MCI for October 2008 was 214.8, essentially unchanged from the previous month but an 8.4 percent increase over the previous year. The October 2007 MCI was 198.2. 3 1 In this era of rapid inflation, the MCI increases at a faster rate than does the Consumer Price Index (CPI) because a city purchases great amounts of items that have pushed inflation in the past year: gasoline, diesel fuel, asphalt, health insurance, and many more. LICENSE �ERIFICA CITY Bl LDING PERMITS As many cities continue to rebuild in the wake of Hurricane Ike, it is Ill. to keep in mind certain new state laws regarding residential construction and building permits. H.B. 1038, passed during the 2007 legislative session, created Texas Local Government Code Section 214.906. This new law requires a city that issues building permits to verify that an applicant residential builder is either licensed by the Texas Residential Construction Commission (TRCC), or is exempt from registration under Texas Property Code 401.005. The purpose of the legislation is to protect vulnerable citizens from rogue, out-of-state builders who may be both unlicensed and unqualified to build quality housing for Texas residents. The best way to verify that a builder is licensed with the TRCC is to go to the agency's website (www.trcc.state .tx.us) and click on the "Builder/Remodeler Search" link. If you have any questions about this requirement, please contact Lauren Ford Crawford in the TML Legal Department at (512) 231-7400 or legal@tml.org. FRE TRAFFIC CONTROL Five work zone traffic control training courses are available to employees of Texas cities, counties, and volunteer fire departments. All training is provided at no cost to participants. The training courses are funded by a federal grant administered by the Texas Department of Transportation (TxDOT). The training courses are described below. Work Zone Traffic Control and Qualified Flagger Training: This is the primary course for all personnel involved in the design, layout, and maintenance of traffic control devices on public roadways in Texas. After attending this course, students will have a broad understanding of the requirements laid out in the 2006 Texas Manual on Uniform Traffic Control Devices (TMUTCD). (16 hours) Work Zone Traffic and General Construction Safety Training: This course provides students with information and tools to recognize hazards on most public roadway work zones and general construction sites. Students learn to identify unsafe work practices in order to help reduce and/or eliminate hazards from the work environment. (8 hours) Planning Work Zone Traffic Control Training: This course familiarizes students with the engineering aspects of work zone traffic control, including policies, practices, strategies, and hardware. It is designed for employees at a field supervisor or crew chief level. (16 hours) Night Road Work Planning and Implementation Training: This training is similar to the basic work zone traffic and qualified flagger training but is designed for field supervisors, crew chiefs, and mid -level management personnel. In addition to the items covered in the basic course, this course also focuses on risk management, incident management, set-up and take -down procedures, and edge drop-off considerations. Installation and Maintenance of Signs and Pavement Markings Training: This course covers the accepted practices and regulations for sign design, installation, and maintenance. It also provides training in the technology, application, and maintenance of pavement markings. (16 hours) To arrange for a class in your area, contact Bill Staley at the University of Texas at Arlington, Division for Enterprise Development at 817-272-0225 or wstaley@uta.edu. PRE -FILING OF BILLS BEGINS Bill -filing for the 2009 legislative session began on Monday, November 10. Early bills address appraisal caps, eminent domain, and other city -related issues. City -related bills are summarized below. H.B. 17 (Leibowitz) —Property Tax: would reduce the annual property tax appraisal cap from ten percent to five percent. (Note: please see H.J.R. 12, below.) H.B. 20 (Leibowitz) —Sales Tax: would exempt from sales taxes certain college textbooks. H.B. 22 (Leibowitzl —Sex Offenders: would: (1) require registered sex offenders to provide, as part of their registration with local law enforcement, any alias, assumed name, nickname, or pseudonym, including a screen name, as well as any e-mail address or other Internet communication identifier used by the offender; (2) require police departments to report this information to the Department of Public Safety within three days of receipt of the information; and (3) require local law enforcement authorities to provide along with the registration form a written statement and description of a registered sex offender's registration duties. H.B. 30 (Leibowitz) —Public Drinking Water: would require that: (1) the operator of a public drinking water supply system, when required by a Texas Commission on Environmental Quality (commission) rule, to issue a boil water notice to its customers, to provide the notice in writing to each customer as prescribed by commission rule to the street address of the customer, and to attempt to reach each customer by telephone to provide notice as prescribed by commission rule; and (2) when a boil water notice is no longer in effect, the operator shall notify each customer that the boil water notice has expired. 5 H B 37 (Corte) — Eminent Domain/Community Redevelopment: would provide that: (1) before a city may engage in a community redevelopment program, the governing body must identify the areas in which each unit of real property has the characteristics of blight or a slum, and identify each federally assisted new community in the city; (2) before a city may engage in an urban renewal project, the governing body must determine that each unit of real property has the characteristics of blight or a slum; and (3) a city may not exercise the right of eminent domain to acquire property for the purposes of community redevelopment or urban renewal unless the condition of the property is an immediate threat to public health and safety. H B. 45 (Corte) — Zoning Notice: would permit a city, in lieu of newspaper notification, to post on the city's Web site notices of adoption or amendment of zonings. H B 46 (Riddle) — Property Tax: would allow a county commissioners court to call a county -wide election to reduce the property tax appraisal cap for all taxing units in the county from ten percent to some percentage between three and ten. (Note: please see H.J.R. 155 below.) H.B. 47 (Riddle) —Elections: would: (1) provide that a voter registration application must include a copy of a document providing proof that the applicant is a United States citizen; (2) require a voter to present to an election officer at the polling place a voter registration certificate and an acceptable form of identification; (3) modify the types of acceptable voter identification documents; (4) provide that, if a voter does, not present acceptable identification, the voter shall be accepted for provisional voting only; (5) prohibit an election officer from considering whether the address on a voter's identification matches the voter's address on the registration certificate or the list of registered voters; (6) provide that a voter who presents a voter registration certificate indicating that the voter is currently registered in the precinct, but whose name is not on the precinct list of registered voters, shall be accepted for voting if the voter's identity can be verified from the proof presented; and (7) provide that a provisional ballot may be accepted only if: (a) the voter presents acceptable proof of identification at the time the ballot is cast; or (b) the voter submits a copy of the identification to the voter registrar by personal delivery or by mail for examination by the early voting ballot board not later than the fifth day after the date of the election. (Riddle) — Immigration: would: (1) make the presence of an undocumented person on any public or private property in the state a Class B misdemeanor; (2) give a peace officer the option of arresting without a warrant a person reasonably suspected of committing a criminal offense, including that of being undocumented, so long as the officer seeks and receives confirmation from the U.S. Department of Homeland Security that the person is undocumented; and (3) require an officer who makes such a warrantless arrest to immediately take the person before a magistrate, who may then issue a warrant. H.B. 55 (Branch) —Cell Phone Ban: would make the use of a wireless communication device while operating a motor vehicle within a school crossing zone a class C misdemeanor, subject to certain exceptions. H.B. 57 (Branch) — Sales Tax: would add computers priced less than $1,000 to the list of items exempt from sales taxes during the August sales tax holiday. 0 HOBO 60 (Branch) — Property Taxes: would require a tax collector to accept partial payments of property taxes. (Note: current law gives a tax collector the option of permitting partial payments.) 11B 62 (Aycock) — Property Tax: would exempt from property taxes the full value of a homestead owned by a disabled veteran with a service -related disability rating of 100 percent or of "totally disabled." (Companion bill is S.B. 192 by Shapleigh, below). H B 69 (Guinen) — Property Tax: would establish eligibility criteria for the active duty military personnel tax freeze authorized by H.J.R. 17, below. Specifically, the bill would: (1) require that the property owner be on duty for at least six months at a distance of at least 60 miles from the homestead; (2) limit the freeze to property that also receives a homestead tax exemption; (3) allow increased taxes on improvements to the property; (4) permit the chief appraiser to require proof of ongoing eligibility for the freeze; (5) provide that the tax freeze expires when the land no longer receives a homestead exemption or when the owner no longer meets the active duty and distance criteria; (6) provide for the portability of the tax freeze from one homestead to another within the same taxing unit; and (7) provide rollback rate relief for value lost to the military tax freeze. H B 77 (Flynn) —Depositories: would permit city depository banks to pool collateral for deposit amounts in excess of FDIC insurance. Specifically, the bill would do the following with respect to pooled collateral: (1) give cities and banks the option to participate in the program; (2) require 102 percent collateralization; (3) require state comptroller oversight of pooled collateral; and (4) require third -party safekeeping of collateral in most cases. H B 79 (Flynn) — Sex Offender Fees: would: (1) allow a local law enforcement agency to collect fees from sex offenders required to register; and (2) require the agency to remit at least 90 percent. of those fees to the comptroller's office and use the remainder to defray the costs of the agency's duty regarding sex offender registration. _H B 88 (Martinez) —Tax Increment Financing: would permit property tax increment revenues to be spent to acquire, construct, or reconstruct educational facilities. H B 98 (F Brown) — Disannexation: would provide that if a city fails or refuses to disannex an area pursuant to a petition alleging failure to provide services, a district court shall enter an order disannexing the area if the court finds that a valid petition was filed with the city and that the city failed to perform its obligations in accordance with the state law governing provision of services or the annexation service plan if the plan provides for a higher level of services than those required by state law. (Note. this bill would overturn a Waco Court of Appeals decision in favor of the City of Bryan.) H B 112 (Pena) —Electronic Voting Machines: would, among other things, prohibit the use of an electronic voting machine in an election unless the machine: (1) has been certified or otherwise approved by means of qualification testing by a nationally recognized test laboratory; (2) meets certain voluntary standards developed and adopted by the Federal Election Commission, the Election Assistance Commission, or the National Institute of Standards and Technology; and (3) creates a contemporaneous, auditable paper record copy of each electronic ballot that allows a voter to confirm the choices the voter made through both a visual and a nonvisual method. 0 HaBe 122 (Straus) — Municipal Court Fees: would permit a city less than 850,000 in population to use child safety court fees for general public safety and security programs. HeBe 125 (B. Brown) — Elections: would: (1) require the voter registrar of each county and secretary of state to provide notice of voter identification requirements and to educate voters of the requirements through certain programs; (2) require a voter to present to an election officer at the polling place a voter registration certificate and an acceptable .form of identification; (3) modify the types of acceptable voter identification documents; (4) provide that, if a voter does not present acceptable identification, the voter shall be accepted for provisional voting only; (5) provide that a voter who presents a voter registration certificate indicating that the voter is currently registered in the precinct, but whose name is not on the precinct list of registered voters, shall be accepted for voting if the voter's identity can be verified from the proof presented; (6) provide for exemptions from the proof of identification requirement for voters who execute an affidavit claiming the voter is indigent or has a religious objection to the documentation; (7) provide that voters over 65 years .of age may present alternative forms of identification documentation in order to votes and (8) provide for priority issuance of personal identification certificates when being requested in order to vote. _H B 127 (Calle�ari) —Property Tax: would reduce the property tax appraisal cap from ten percent to five percent. (Note: please see H.J.R. 21, below.) H*Bs 132 (Chisum) — Property Tax: would make certain%�orgamzations that are engaged primarily in charitable activities (typically fraternal organizations) automatically eligible to receive a charitable tax exemption, whereas current law requires action by the city council or an election to grant the exemption. H_ B 133 (Villarreal) — Property Tax: would require that a sales price disclosure form accompany the filing of certain real estate deeds. H B 134 (Villarreal) —Property Tax: would do the following: (1) create a state Office of Property Appraisal ("Office") within the comptroller's office; (2) provide that the new Office will assume the duties that the comptroller currently exercises over appraisal accuracy; (3) give the Office additional authority over the methodology used by appraisal districts; (4) permit the comptroller to adopt an appraisal margin of error greater than five percent if the sample size of properties renders the current -law, five -percent margin of error impractical; (5) eliminate the use of ratio studies in appraisal district review; (6) eliminate the state Board of Tax Professional Examiners and transfer its duties to the Office; (7) permit property owners and tax agents to sue appraisal districts and appraisal review boards for non- compliance with appraisal standards laws (Note: under current law, only taxing units may bring such lawsuits); (8) give the comptroller broad power to consolidate appraisal districts; (9) allow property owners to file certain documents electronically with an appraisal district (10) modify the required contents of the notice a taxing entity must publish of its hearing and vote on the adoption of a tax increase; (11) permit administrative law judges to be appointed by the comptroller to serve on appraisal review boards; (12) require that appraisals of residential homesteads be limited to the highest possible appraised value when used only as a homestead (Note: current law can permit appraisal at the level of "highest and best use" of the property, which might include uses other than residential); (13) permit owners of residential homesteads to defer or abate suits for non-payment of homestead property taxes that exceed the taxes owed in the previous year (Note: current law allows a five -percent increase in homestead taxes before a deferral may be sought); and (14) substitute the prime interest rate for eight percent when calculating the interest on taxes due after a homestead abatement is granted. (Note: please see H.J.R. 22, below.) H.B. 141 (Gonzalez Tourer es, — Municipal Court: would: (1) make the failure or refusal iof a driver to provide proof of financial responsibility a Class C misdemeanor; (2) require a court to dismiss a charge of an offense of failure to provide financial responsibility if the defendant presents proof that he/she had coverage at the time of the citations (3) permit a court to charge a $10 administrative fee for such a dismissal; and (4) require an impound lot in a specific city that has a population of more than one million to release a vehicle impounded for the driver's failure to provide proof of financial responsibility, and require the city to pay all impoundment or storage fees on the vehicle. H.B. 142 (McClendon) -Communicable Diseases: would: (1) allow a city to contract with an entity to establish a disease control program that would include providing anonymous exchange of hypodermic needles and syringes; and (2) require the entity to provide an annual report to the Texas Department of Health on the effectiveness of the program. (Companion bill is S.B. 188 by Deuell, below). H.B. 146 (T. Smith) —Tax Increment Financing: would: (1) add roads, sidewalks, and other infrastructure to the list of permissible costs related to project plans; (2) prohibit a tax increment plan from providing for payment to a neighborhood enterprise association; and (3) permit a city to grant tax exemptions within a tax increment zone in lieu of paying any increment into the increment fund. H.B. 150 (T. Smith) —Sales Tax: would exempt from sales taxes certain sales at school district concession stands during school events. H.B. 157 (Chavez) —Elections: would provide that a person who would be eligible to vote in an election, but who is not registered, shall be accepted for voting in the precinct of the person's residence if, on the day the person wishes to vote, the person submits a voter registration application and presents proof of identification that establishes the person's residence. H.B. 169 (T. Smith) —Sobriety Checkpoints: would create authorization and guidelines for sobriety checkpoints, including a requirement that no checkpoint be within one-half mile of a checkpoint erected within the past thirty days. H.J.R. 12 (Leibowitz) —Property Tax: would amend the Texas Constitution to permit the legislature to reduce the property tax appraisal cap from ten percent to five percent. (Note: please see H.B. 17, above.) H.J.R. 13 (Leibowitz) —Transportation Funding: would amend the Texas Constitution to provide that, subject to legislative allocation, appropriation, and direction, three -fourths of the net revenue from the motor fuel sales tax shall be used• for the sole purpose of constructing and maintaining public highways, and one-fourth of the net revenue shall be allocated to school funding. E 1 ' H.J.R. 14 (Corte) —Eminent Domain: would amend the Texas Constitution to provide that: (1) no person's property shall be taken by the state or a political subdivision unless the taking is necessary for the possession, occupation, and enjoyment of the property by the public at large or by the state or a political subdivision; and (2) the state or a political subdivision that takes property must prove by clear and convincing evidence that the contemplated use of the property is public and necessary, and that the determination of whether the contemplated use is in fact public and necessary shall be a judicial question. H.J.R. 15 (Riddle) — Property Tax. would amend the Texas Constitution to permit the Legislature to allow a county commissioners court to call a county -wide election to reduce the property tax appraisal cap for all taxing units in the county from ten percent to some percentage between three and ten. (Note: please see H.B. 46, above.) H.J.R. 17 (Guillen) —Property Tax: would amend the Texas Constitution to: (1) permit a city to adopt a tax freeze (ceiling on total taxes paid) on the homesteads of active duty military personnel; (2) provide that the military tax freeze may be adopted by action of the city council; (3) provide that the freeze may also be adopted by popular election, which must be called by the city council upon receipt of a petition of five percent of the registered voters of the city, and (4) permit the legislature to statutorily define eligibility for the military tax freeze. (Note: please see H.B. 69, above.) H.J.R. 21 (Calle�ari) —Property Tax: would amend the Texas Constitution to permit the legislature to reduce the property tax appraisal cap from ten percent to five percent. (Note: please see H.B. 127, above.) H.J.R. 22 (Villarreal) — Property Tax: would: (1) amend the Texas Constitution to permit the legislature to limit the appraised value of residential homesteads to the highest value of the property when used solely as a residence homestead, regardless of the otherwise highest and best use of the property; and (2) authorize consolidation of appraisal districts. (Note: please see H.B. 134, above.) S.B. 22 (Zaffirini) —Sales Tax: would exempt college text books from sales taxes during two, two -week periods, one in August and one in January. S.B. 26 (Zaffirini) —Mandatory Health Benefits: would require that certain health benefit plans, including a governmental risk pool, provide coverage for prosthetic devices, orthotic devices, and professional services related to the fitting and use of those devices that equals the coverage provided under federal laws for health insurance for the aged and disabled. S.B. 39 (Zaffirini) —Mandatory Health Benefits: would require that certain health benefit plans, including a governmental risk pool, provide coverage for health care costs incurred in connection with certain clinical trials for the prevention, detection, or treatment of a life - threatening disease or condition. S.B. 51 (Zaffirini) —Text Messaging: would prohibit the use of a wireless communication device to read, write, or send a text message while operating a motor vehicle, subject to certain exceptions. i S.B. 53 (Zaffirini) — Municipal Court: would create new ethics and training requirements for juvenile case managers in municipal courts, similar to those for juvenile probation officers. S.B. 54 (Zaffirini) — Municipal Court: would: (1) require that a juvenile case manager in a municipal court be supervised by the municipal judge or another officer of the court who is authorized to conduct juvenile hearings; and (2) specifically prohibit the court clerk from supervising the juvenile case manager. S.B. 55 (Zaffirinil —Municipal Court: would require a municipal judge who hears juvenile cases to annually complete a training course related to understanding the problems of child welfare and disability. S.B. 60 (Zaffirini) — Employee Leave: would require an employer, including a city, to (1) allow an employee paid leave to attend court proceedings related to the crime of which the employee was a victim; (2) not deduct such paid leave from the employee's vacation time, compensatory time off, or personal leave, unless required by a collective bargaining agreement; and (3) not discriminate, suspend, or terminate an employee based on use of such paid leave. S.B. 61 (Zaffirini) —Traffic Fines: would: (1) reduce the fine for transporting a child without a proper safety seat from $100-$200 to $25; (2) increase the age and height for children covered by the safety seat requirements and (3) require a city to�remit the entirety of the fine to the state comptroller. S.B. 74 (Nelson) Physician Liability: would provide that a physician or health care provider, who in good faith administers emergency care in the course and scope of the physician's or provider's employment at the scene of an emergency or at a health care institution, is not liable in civil damages for an act or omission performed during the emergency: (1) if the act was performed during the management of an incident that has resulted in a declaration of disaster by a federal, state, or local official as authorized by a federal or state statute; (2) regardless of whether the care is given for or in expectation of payment; and (3) only if the act or omission that causes any damages is not intentional, willfully negligent, or done with conscious indifference or reckless disregard for the safety of others. S.B. 89 (Van de Putte) —Human TraffickinE: would: (1) create a required, four-hour, basic training program in human trafficking to be included in the Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE) certification requirements; (2) create a voluntary, advanced, human trafficking training program; and (3) require that officers certified before the human trafficking training requirement goes into effect must take the basic, four-hour, training before obtaining an intermediate or advanced proficiency certificate from TCLEOSE. S.B. 94 (Van de Putte) — Tasers: would: (1) create a state licensing program to permit persons to carry a concealed Taser or other stun gun, similar to the existing concealed handgun licensing program; and (2) make it a crime to possess a Taser unless the person, including a law enforcement officer, has a license as described above. 11 1 S.B. 117 (Ellis) — Law Enforcement: would: (1) create a new, more detailed set of requirements for photograph and live lineup identification procedures; (2) direct TCLEOSE to develop a model policy and associated training materials to assist law enforcement agencies in compliance; and (3) require local law enforcement agencies to adopt a detailed written policy regarding live and photograph lineup identification procedures. S.B. 118 (Ellis) —Elections: would: (1) provide that an election officer serving an early voting polling place is a deputy voter registrar and has the same authority as a regular deputy registrar; (2) allow for the registration of eligible voters during early voting upon the submission of certain documentation; and (3) prescribe registration procedures that must be followed by the voter registrar. S.B. 125 (Ellis) —Municipal Court: would require a magistrate, including a municipal judge, to contact the Mexican or Canadian consulate each time a person is arrested and is suspected of holding Canadian or Mexican citizenship. S.B. 129 (Ellis) — Neighborhood Electric Vehicles: would require that, in order to be legal, a neighborhood electric vehicle must: (1) be able to attain a maximum speed of thirty-five miles per hour; and (2) be driven at a maximum of thirty-five miles per hour, or the speed limit, whatever is less. S.B. 130 (Ellis) —Sales Tax: would exempt certain renewable energy technology equipment from sales taxes. S.B. 133 (Ellis) — Sales Tax: would expand the list of energy -efficient products that are exempt from sales taxes during the May energy sales tax holiday to include any federally designated "Energy Star" product. S.B. 134 (Ellis) —Sales Tax: would extend from three days to five days the length of the May energy -efficient products sales tax holiday. S.B. 137 (Ellis) —Elections: would provide that: (1) any qualified person who will be absent from his/her'county on election day is eligible for early voting by mail; and (2) a person who is in jail on a misdemeanor charge is eligible for early voting by mail in certain circumstances. S.B. 140 (Ellis) —Elections: would: (1) require that two voter registrars be present at each polling place while the polls are open; and (2) provide that a person who would be eligible to vote in an election, but for the requirement to be a registered voter, shall be accepted for voting in the precinct of the person's residence if on the day the person wishes to vote the person submits a voter registration application and presents proof of identification. ;Ilis) —Sales Tax: would add elementary and secondary school supplies to the list �t are exempt during the August sales tax holiday. Willis) — Minimum Wage: would allow a city or county to establish a minimum �r than the federal minimum wage. 12 S.B. 162 (Ellis) — Parks Funding: would provide that the dedication of sporting goods sales taxes to parks funding cannot be affected by the appropriations process. S.B. 178 (Gallegos) — Emergency Shelter Reimbursement: would require that a city be reimbursed by any resource available to the state for expenses incurred during a mandatory evacuation, including expenses for: (1) for the use of a public facility in a city as an emergency shelter or temporary housing space, including lost revenues and (2) amounts paid for salaries and benefits of permanently employed, straight -time and regular -time city personnel who perform duties associated with the movement or evacuation of persons into, out of, or through a city. S.B. 179 (Gallegos) —Sales Tax: would create aweek-long sales tax holiday in June for certain hurricane preparation supplies. S.B. 181 (Gallegos) — Disaster Procedure for Reentry of Essential Personnel: would require the governor and the Department of Public Safety to write rules that establish uniform reentry procedures for essential personnel entering a disaster area, a stricken area, or threatened area that has been evacuated, including procedures that: (1) authorize the orderly reentry of essential personnel according to the critical functions provided by the personnel in restoring normal operations to the area following an evacuation; (2) prioritize the order of reentry for the essential personnel, including emergency responders, search and rescue personnel, infrastructure and utility repair personnel, official damage assessment personnel, health care providers, and businesses essential to the return of residents; and (3) establish methods to verify the identity of the personnel authorized to reenter the area. S.B. 188 (Deuell) - Communicable Diseases: this bill is the same as H.B. 142 by McClendon, above. S.B. 192 (Shapleigh) — Property Tax: this bill is the same as H.B. 62 by A cock, above. S.B. 216 (Carona) —Transportation Funding: would provide that state highway fund money may no longer be used to fund the Texas Department of Public Safety, and that the money may be used only to improve the state highway system, with certain exceptions. S.B. 218 (Nichols) — Property Tax: would: (1) reduce the property tax appraisal cap on homesteads from ten percent to five percent; (2) authorize a county commissioners court to call an election to increase the homestead appraisal cap for all taxing jurisdictions in the county back to some percentage between six and ten% and (3) prohibit a subsequent election from occurring for ten years after such an election is held. (Note: please see S.J.R. 10, below.) S.B. 219 (Nichols) —Eminent Domain: would: (1) prohibit a state agency, political subdivision, or a corporation created by a governmental entity from taking private property through the use of eminent domain if the taking is for a recreational purpose, including a parks and recreation system or a specific park, greenbelt, or trails and (2) provide that the determination by the entity proposing to take the property that the taking does not involve an act or circumstance prohibited by the bill does not create a presumption with respect to whether the taking involves that act or circumstance. 13 S.B. 221 (Nichols) — Water Utilities: would require a municipally owned water utility that is required to possess a certificate of convenience and necessity to maintain on -site, automatically -starting, auxiliary generators capable of ensuring the operation of water and sewer systems during an extended power outage. Design -Build: would allow the use of design -build for certain civil works projects by a city with a population of more than 100,000. S.B. g, Machines: would make various changes to the laws relating to electronic voting machines. Specifically, the bill would prohibit the use of an electronic voting machine in an election unless the machine: (1) has been certified or otherwise approved by means of qualification testing by a nationally recognized test laboratory; (2) meets certain voluntary standards developed and adopted by the Federal Election Commission, the Election Assistance Commission, or the National Institute of Standards and Technology; and (3) creates a contemporaneous auditable paper record copy of each electronic ballot that allows a voter to confirm the choices the voter made through both a visual and a nonvisual method. In addition, the bill would mandate that: (1) a voter be allowed to privately and independently view the paper record copy; (2) a copy of the paper record copy be maintained in a secure storage container, and (3) if the voter finds that the paper record copy does not correspond to the voter's choices, the paper record copy be destroyed. Finally, the bill would allow the use of an electronic voting machine that was acquired before January 1, 2008, and does not meet the above requirements only if. (1) a voter has the option of casting a paper ballot instead of using the machine; (2) a permanent record of each ballot is created at the time the ballot is cast or during the local canvass of the votes; (3) the system is subject to parallel monitoring; and (4) at least 46 days before the date the system is to be used for voting, the authority responsible for holding the election submits a technical security plan for the system to the secretary of state. Finally, the bill would establish pre -election logic and accuracy testing guidelines including security procedures for the testing materials and mandatory election security planning and procedures. S.B. 251 (Shapleigh) —Sales Tax: would require a city over 250,000 in population to do the following: (1) post information about any sales tax incentives it grants on the city's Internet Web site; and (2) post the agenda of any meeting at which such incentives will be considered on the Web site. S.B. 254 (Estes) —Volunteer Fire Departments: would exempt volunteer fire departments from the payment of motor fuel taxes. S.B. 257 (Estes) —Salvia Divinorum: would make the sale or delivery to a child of salvia divinorum or a product containing salvia divinorum a Class C misdemeanor. S.B. 258 (Shapleigh) —Appraisals: would require that appraisal districts in counties over 500,000 population do the following: (1) establish an electronic method for property owners to conduct certain appraisal protests, and (2) make electronic "settlement offers" to certain property tax protestors. S.J.R. 6 (Ellisl —Parks Grants: would amend the Texas Constitution to provide for the dedication of sporting goods sales taxes to parks funding, meaning it would no longer be subject to change through legislation or the appropriations process. 1 4 S.J.R. 9 (Carona) — Transportation Funding: would amend the Texas Constitution to: (1) provide that, subject to legislative allocation, appropriation, and direction, three -fourths of the net revenue from the motor fuel tax shall be used for the sole purpose of constructing and maintaining public highways, and one-fourth of the net revenue shall be allocated to school funding; and (2) authorize the legislature to allow the comptroller to automatically adjust the motor fuels tax rate. S.J.R. 10 (Nichols) —Property Tax: would amend the Texas Constitution to permit the legislature to: (1) reduce the property tax appraisal cap on homesteads from ten percent to five percent; and (2) authorize a county commissioners court to call an election to increase the homestead appraisal cap for all taxing jurisdictions in the county back to some percentage between six and ten. (Note: please see S.B. 218, above.) EXPERTISE OR JOIN YOUR_FAVORITE E- ST The TML staff is gathering e-mail addresses from city officials (elected or appointed) who are willing to provide testimony during the 2009 legislative session, want to be kept "in the loop" on certain subject matters, or are willing to simply provide their perspective on a particular legislative matter. If you would like to participate in this E-List project, simply send an e-mail to Chelsea Phillips at Chelsea@tml.org with your name/e-mail address and the subject matter(s) below that interest you. 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