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HomeMy WebLinkAbout2013.09.17 City Council AgendaCity Council City of University Park Meeting Agenda City Hall 3800 University Blvd. University Park, TX 75205 Council Chamber5:00 PMTuesday, September 17, 2013 3:30 - 4 P.M. EXECUTIVE SESSION As authorized by Texas Government Code §551.072, the City Council will convene into closed Executive Session to deliberate a request to sell property located at the northwest corner of Lovers Lane and Central Expressway. No action will be taken. Executive Conference Room, 1st Floor, City Hall. 4 - 5 P.M. PRE-MEETING WORK SESSION The Council will meet in open work session to receive agenda item briefings from staff. No action will be taken. Council Conference Room, 2nd floor, City Hall. TO SPEAK ON AN AGENDA ITEM Anyone wishing to address the Council on any item must fill out a green “Request to Speak” form and return it to the City Secretary. When called forward by the Mayor, before beginning their remarks, speakers are asked to go to the podium and state their name and address for the record. I.CALL TO ORDER A.INVOCATION: Councilmember Tommy Stewart B.PLEDGE OF ALLEGIANCE: Councilmember Stewart / Boy Scouts C.INTRODUCTION OF COUNCIL: Mayor W. Richard Davis D.INTRODUCTION OF STAFF: City Manager Bob Livingston II.AWARDS AND RECOGNITION Recognize outgoing Police Chief Gary Adams with over 13 years of service to the City 13-237 Recognize outgoing Director of Finance Kent Austin with over 25 years of service to the City 13-238 III.CONSENT AGENDA Page 1 City of University Park Printed on 9/13/2013 September 17, 2013City Council Meeting Agenda Consider and act on an agreement to support the FY14 Regional Storm Water Management Program with the North Central Texas Council of Governments (NCTCOG) 13-230 Agenda Memo FY14 SW Work Program Appendix A Letter of Authorization - Storm Water Mgmt Attachments: Consider and Act on an agreement to support the FY 14 Public Works program with the North Central Texas Council of Governments (NCTCOG) 13-231 Agenda Memo NCTCOG FY14 Regional PW Program Attachments: Consider bids for annual in-place asphalt pavement recycling contract13-232 Agenda Memo FY14 - Street List.pdf Attachments: Consider and act on a park reservation request and approval of route through University Park for the Susan G. Komen 3-Day Walk 13-236 Agenda Memo Komen 3 Day Ltr 2013 Komen 3 Day 2013 Komen Route 2013 Attachments: Consider and act on a contract for food establishment inspections and environmental health services with Dallas County Health and Human Services (DCHHS) for FY2014 13-234 Agenda Memo Dallas Co HHS Food Est. Agrmt FY14 Attachments: Consider and act on minutes of the September 10, 2013 City Council Meeting with or without corrections 13-233 Agenda Memo 2013.09.10 City Council Mtg Min Attachments: IV.MAIN AGENDA Page 2 City of University Park Printed on 9/13/2013 September 17, 2013City Council Meeting Agenda Consider and Act on an ordinance amending the detailed site plan for Planned Development District PD-27 for the St. Christopher's Episcopal Church to provide for a children's playground 13-181 Agenda Memo Draft Ordinance Detailed Site Plan Detailed Site Plan Page 2 Property Owner Response P&Z 5-14-13 Min Approved Attachments: Public hearing on a request by Highland Park Independent School District to amend Planned Development District “PD-25” to install athletic lighting for the ball field and tennis courts PZ 13-003 Agenda Memo PD 25 Site Plan (1)PZ Report June 11, 2013 (2)Dr Orr Letter 3-4-2013 (3)Dr Orr Letter 6-7-2013 (4)P&Z 4-12-11 Min Approved (5)P&Z 6-11-13 Min Approved (6)P&Z 7-9-13 Min Approved (7)Summary of Responses 6-11-13 (8)Musco Details for light poles and fixtures (9)Light Standards and Overspill (10)Photometric layouts Attachments: Provide direction to staff regarding possible ordinance amendment to PD-25 for lights at the HPISD tennis courts and softball field 13-239 Agenda MemoAttachments: Consider and act on a resolution adopting the FY2014 capital budget13-235 Agenda Memo Resolution adopting FY2014 capital projects budget 09172013.docx CPRC Minutes 8-19-2013.docx 5-year CIP 09172013.pdf 5-year CIP detail 09172013.pdf Attachments: Page 3 City of University Park Printed on 9/13/2013 September 17, 2013City Council Meeting Agenda V.PUBLIC COMMENTS Anyone wishing to address an item not on the Agenda should do so at this time . Please be advised that under the Texas Open Meetings Act , the Council cannot discuss or act at this meeting on a matter that is not listed on the Agenda . However, in response to an inquiry, a Council member may respond with a statement of specific factual information or a recitation of existing policy. Other questions or private comments for the City Council or Staff should be directed to that individual immediately following the meeting. VI.ADJOURNMENT As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be convened into Closed Executive Session for the purpose of seeking confidential legal advice from the City Attorney on any Agenda items listed herein. CERTIFICATE: I, Elizabeth Spector, City Secretary, do hereby certify that a copy of this Agenda was posted on the City Hall bulletin board, a place convenient and readily accessible to the general public at all times, and on the City's website, www.uptexas.org, in compliance with Chapter 551, Texas Government Code. DATE OF POSTING:____________________________ TIME OF POSTING:_____________________________ ________________________________ Elizabeth Spector, City Secretary Page 4 City of University Park Printed on 9/13/2013 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 P:\Agenda Packets\891_City Council_9_17_2013\0003_1_Agenda Memo.docx 2:57 PM 09/13 AGENDA MEMO 9/17/2013 Agenda TO: Honorable Mayor and City Council FROM: Gene R. Smallwood, P.E.; Director of Public Works SUBJECT: NCTCOG Regional Storm Water Program BACKGROUND: In December 2013, the Council authorized the City’s participation in a five (5) year Interlocal Agreement with the North Central Texas Council of Governments (NCTCOG) for the Regional Storm Water Management Program for FY13 – FY17. Participation in the program provides municipalities resources for staff and developer training, public education, and guidance with TCEQ mandated annual reporting concerning compliance with the City’s Storm Water Management Program (SWMP). Annual dues associated with the Interlocal Agreement are assessed to each cooperating municipality based on population. The 2014 cost-share for the City is $2,911.00. Staff anticipates utilizing construction inspection training materials and public education and outreach brochures and currently takes advantage of the information and guidance provided by the Regional Storm Water Management Program. RECOMMENDATION: Staff recommends approval of the authorization letter for participation in the Regional Storm Water Program with NCTCOG and payment for the associated FY2014 Work Program and to authorize the City Manager to execute the letter. Funds are available in the Storm Water Utility Fund annual budget. Approved May 2013 Regional Stormwater Management Program Appendix A FY2014 Work Program Deliverables Local Government Participation and Oversight • Act as a liaison between regulatory agencies and permitted MS4s as needed • Maintain communication and regular opportunities for the exchange of information between participants, RSWMCC members, and NCTCOG staff • Assist local governments with SWMPs and RDIs as needed • Continue exploring and developing ideas for RDI projects through the RDI Task Forces • Coordinate up to two county roundtables contingent upon request from three participating counties • Conduct four RSWMCC meetings • Provide support for up to two RSWMCC work sessions to discuss strategy and other permit- related issues • Coordinate at least one round of cooperative purchases • Track regulatory information and provide updates at meetings and through other means • Administer contracts and budget • Represent regional program at local, state, or national conferences as feasible • Seek funding, through grants or other sources, for additional programs or projects as feasible • Coordinate with other NCTCOG programs to avoid duplication efforts Regional Stormwater Resource Center • Maintain and update www.dfwstormwater.com • Solicit and compile information on regional and national stormwater experiences as necessary • Develop up to six news articles for regional newsletters Public Education • Conduct at least four Public Education Task Force meetings • Coordinate March is Texas SmartScape® Month activities • Maintain SmartScape Web • Compile SmartScape Web statistics • Conduct stormwater seasonal campaigns (fall, spring and summer) covering topics such as pet waste (DOO the Right Thing), yard waste, used cooking oil and construction site pollutants, addressing general stormwater issues and green business certification • Develop a video to educate an specific industry about stormwater and best management practices • Explore and conduct other educational campaigns as feasible • Facilitate cooperative purchasing of media as feasible • Maintain and promote regional events calendar • Prepare an activity report documenting the Public Education Task Force-related activities to participating entities • Consider additional/modified public education activities for future work programs Regional Stormwater Management Program FY2014 Work Program Appendix A Approved May 2013 Illicit Discharge Detection and Elimination (IDDE) • Conduct four meetings of the IDDE Task Force • Develop RDIs for IDDE in future work programs • Conduct one workshop for municipal industrial stormwater inspections • Collect detailed case studies on IDDE problem resolution and share information at IDDE meetings; selecting some for inclusion on a NCTCOG web page • Become a clearing house for IDDE contacts for mutual information (including general contact information) • Study the potential modification of existing materials or development of new to include more mention of bacteria. For example, training materials, field investigation guide, and the industrial inspector guide • Research and determine feasibility of a hotline and/or web reporting for IDDE Municipal Pollution Prevention • Conduct at least 4 meetings of the P2 Task Force • Develop “minute videos” that highlight specific training details from the previously produced material • Conduct Peer 2 Peer Education and Sharing opportunities as feasible • Promote the current P2 training modules and resources as needed • Develop RDIs for P2 in future work programs Regional Cooperative Monitoring • Oversee consultant activities as necessary • Manage contracts and billings for monitoring services • Maintain communication with Monitoring Task Force on consultant activities • Maintain www.dfwstormwater.com site with sampling updates and data • Conduct Monitoring Task Force meetings as needed • Complete annual regional monitoring report and submit to TCEQ by March 1 deadline • Send digital copy of Final Report to participants Regional Stormwater Management Program FY2014 Work Program Appendix A LETTER OF AUTHORIZATION North Central Texas Regional Stormwater Management Program FY2014 Administrative and Implementation Assistance North Central Texas Council of Governments (NCTCOG) The NCTCOG and the City of University Park (hereafter referred to as the "participant") have executed an Interlocal Agreement to provide a structure through which the participants can pursue initiatives that assist with the Regional Stormwater Management Program. The Interlocal Agreement established a structure by which a Regional Stormwater Management Coordinating Council may identify specific activities to be carried out by NCTCOG, and/or professional agencies, with cost allocations to be determined through Coordinating Council consensus. The participants to this agreement have reviewed the NCTCOG proposed work program for FY2014, which includes NCTCOG assistance to the participants for administrative and implementation support of stormwater related activities and the cost-share arrangement for funding of this effort. In accordance with Article 2, Paragraph 5, and Article 5 of the Interlocal Agreement, the purpose of this letter is to authorize the participant's cost-share of $2,911 for the FY2014 work program. Execution of this Letter of Authorization is considered a formal part of the Interlocal Agreement, and obligates the participant's cost share as identified above. If the participant fails to execute this agreement prior to January 15, 2014, a 5% penalty will be added to the above cost-share amount for every complete quarter of delay after the first. Once executed, billing of the participant by NCTCOG for these services will be made no more frequently than quarterly. NCTCOG will invoice the participant for its costs incurred resulting from the FY2014 work program, and the participant shall remit the amount of the invoice to NCTCOG within thirty (30) calendar days of receipt of the invoice. In the event that the participant does not accept the goods or services or finds an error in the invoice, the participant shall notify the NCTCOG Manager who is responsible for executing this program as soon as possible within the 30 calendar day period, and shall make payment not less than ten (10) calendar days after the problem(s) are corrected or the error is resolved to the satisfaction of all parties. In the event that payment of invoiced goods or services is not received by the NCTCOG within 30 calendar days of receipt of the accepted invoice, NCTCOG is authorized to charge the participant interest in accordance with the Prompt Payment Act. Participants that do not pay will not receive the benefits outlined in the FY2014 work program. Work under this program will be carried out from October 1, 2013 through September 30, 2014. It may become necessary for work to continue beyond September 30, 2014 in order to complete the authorized FY2014 work program. However, costs for the work program will not exceed the participant’s cost-share as agreed to in this Letter of Authorization. Each individual signing this Letter of Authorization on behalf of a participant warrants that he or she is legally authorized to do so and that the participant is legally authorized to perform the obligations undertaken. The undersigned represent the agreement of NCTCOG and the Participant to these provisions and hereby execute this Authorization in triplicate originals. ________________________________ _____________________________ Authorized Signature Mike Eastland, Executive Director North Central Texas Council of ________________________________ Governments Name (please print) Date:____________________________ Date:________________________ 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 P:\Agenda Packets\891_City Council_9_17_2013\0004_1_Agenda Memo.docx 2:57 PM 09/13 AGENDA MEMO 9/17/2013 Agenda TO: Honorable Mayor and City Council FROM: Gene R. Smallwood; Director of Public Works SUBJECT: Consider and Act: on an agreement to support the annual Public Works program at the North Central Texas Council of Governments (NCTCOG) BACKGROUND: Member cities of the North Central Texas Council of Governments participate in and fund annual work programs. University Park has been a partner in the Public Works program since 1992. Based on population, the City's cost to support the 2014 program is $3,790. The collective cities receive benefit on such issues as Public Works Construction Standards (Specifications), Sustainable Public Rights-of-Way, iSWM Stormwater program, Hydrologic / flooding technical support, and general Public Works support. Details of each issue are provided in the attachments. RECOMMENDATION: Staff recommends City Council approval of the City’s support for the North Central Texas Council of Governments’ Public Works program, and authorization for the Director of Public Works to execute the FY2014 Funding Commitment Form. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 P:\Agenda Packets\891_City Council_9_17_2013\0005_1_Agenda Memo.docx 2:57 PM 09/13 AGENDA MEMO 9/17/2013 Agenda TO: Honorable Mayor and City Council FROM: Gene R. Smallwood, P.E.; Director of Public Works SUBJECT: FY14 In-Place Recycling of Asphalt Pavements BACKGROUND: The City routinely contracts for in-place recycling of asphalt pavements. Streets selected this year by the Public Works Department for resurfacing are listed on the attached spreadsheet. The project was advertised in the Park Cities news on 08.29.13 and 09.05.13, and bids will be received on Monday, 09.16.13. Copies of the bid/s will be provided to the City Council at the pre-meeting. If the City Council awards a contract for the in-place, staff requests authorization to Capital Projects funds for purchase of approximately 7,150 tons of asphalt, which should amount to about $430,000. Funding for the in-place recycling and the asphalt is identified in the approved FY14 CIP annual budget (acct no 44.44.4410 / project no 42733.2300). RECOMMENDATION: Following receipt of bids on Monday, staff will have a recommendation for Council at the pre-meeting. FY 2014 IPAR Project Street LarchmontArmstrongtoLoma Alto University3806toPreston McFarlin3412toGolf BinkleyHillcresttoKey NormandyHillcresttoKey KeyBinkleytoPotomac GreenbrierThackerytoBaltimore SouthwesternThackerytoBaltimore PurdueTurtle CreektoThackery ThackeryPurduetoTurtle Creek DickensTurtle CreektoStanford Turtle CreekHanovertoThackery Westminster3416to3525 RankinSnider PlazatoDickens RankinDickensto3525 Milton3420toDickens Rosedale3420toDickens DanielHillcresttoDickens DickensLoverstoHaynie DanielAirlinetoHillcrest WestminsterAirlinetoAthens WestminsterAthenstoHillcrest Range FY 2014 IPAR Project Street Range MiltonDublintoDurham MiltonDurhamtoAirline HanoverWillardtoBoedeker CleburneLoverstoUniversity AmherstBoedekertoWillard GolfS City LimitstoMcFarlin UniversityNTTAtoPreston Susan G. Komen 3-Day™ 205 N. Michigan Avenue, Suite 2630 Chicago, IL 60601-5927 p: 800-996-3DAY f: 888-646-5823 The3Day.org August 28, 2013 Chief Gary Adams University Park Police Department 3800 University Blvd University Park, TX 75205 Dear Chief Adams: This letter is to serve as notification that the Susan G. Komen 3-Day™ will be passing through your jurisdiction. The Susan G. Komen 3-Day is an incredibly special event. Thousands of women and men will unite for three days, November 1 – 3, 2013, and walk 60 miles in a bold display of courage and commitment. It’s a weekend of hope, as we honor lives lost, celebrate survivors, promote breast cancer research, and help bring breast cancer care to those who so desperately need it. 100% of the net proceeds from the 3-Day® benefit Susan G. Komen™ and fund innovative global breast cancer research and local community programs supporting education, screening and treatment. In its 30 years, Komen has funded more breast cancer research than any other non-profit organization while providing screenings, treatment assistance and social and financial support to women and families facing the disease. But, there is still much more work to be done. Breast cancer continues to be the leading cancer in women, with 1.6 million women expected to diagnosed globally this year alone. The 3-Day helps drive leading-edge treatments that are saving lives, and a community that supports women and men facing the disease. On Sunday, November 3 approximately 1500 women and men will pass through your jurisdiction between 7:30 am – 10:30 am. I have enclosed a portion of our route map to detail the areas where participants will be walking. At no time will we block or direct traffic in any manner, nor will we require any street closures. Participants walk only on sidewalks, shoulders and in bike lanes. Safety is the number one priority of the 3-Day. All of our walkers, volunteer crew members and paid staff watch a mandatory safety video before the event begins. Participants are required to follow all safety rules and regulations of the event. Enclosed is our Event Notification Form for your signature. We carry this with us at all times during the 3- Day. In the unlikely event of an emergency during our time within your jurisdiction, we will contact you, or your chosen emissary, immediately. Thank you for your support, Joy Busch Event Production Manager Phone: 214-699-9028 Fax: 888.453.1731 Email: jbusch@event-360.com Susan G. Komen 3-Day™ 205 N. Michigan Avenue, Suite 2630 Chicago, IL 60601-5927 p: 800-996-3DAY f: 888-646-5823 The3Day.org NOTIFICATION / APPROVAL OF EVENT Our jurisdiction has been notified, in writing, that the Susan G. Komen 3-Day™ event will be taking place November 1-3, 2013. We are aware that approximately 1500 walkers will be participating in the event and will be passing through our area on November 3 from approximately 7:30am – 10:30am. Name & Title: Department: Address: Phone: Fax: Email: Signature: CONTACT NAME & NUMBER (ON-DUTY INDIVIDUAL TO BE CONTACTED DURING THE ACTUAL EVENT) Name: Mobile: Office: (24 Hour Contact Number) Home: (24 Hour Contact Number) PLEASE SIGN AND RETURN VIA MAIL OR FAX TO: Joy Busch 2835 Keller Springs Rd #203 Carrollton, TX 75006 Phone: 214-699-9028 Fax: 888.453.1731 Susan G. Komen 3-Day™ 205 N. Michigan Avenue, Suite 2630 Chicago, IL 60601-5927 p: 800-996-3DAY f: 888-646-5823 The3Day.org Susan G. Komen 3-Day™ Introduction About the Event This year thousands of women and men will come together in an amazing display of courage and commitment. They’ll walk 60 miles over the course of three days, each raising $2,300 or more in the fight to end breast cancer forever. As participants cover the mileage on foot, volunteers help along the way. As evening approaches, the walkers come home to an amazing Mobile City, complete with sleeping tents, hot meals, showers, medical services and everything they need to rest up safely for the next day’s journey. As the walkers reach the end of 60 inspirational miles, they are greeted by a joyful Closing Ceremony to celebrate their accomplishment. Each 3-Day walker commits to raising $2,300 or more for the cause. They’re not fundraising experts. They’re not athletes. They’re ordinary people who’ve been inspired to make a difference. Because they made the simple decision to do something bold, to not sit by while breast cancer takes its toll, lives will be saved. One hundred percent of the net proceeds from the 3-Day® benefit Susan G. Komen™ and fund innovative global breast cancer research and local community programs supporting education, screening and treatment. Virtually every major advance in the fight against breast cancer in the last 30 years has been impacted by a Komen grant. Susan G. Komen™ About the Event Organizer Nancy G. Brinker promised her dying sister, Susan G. Komen, that she would do everything in her power to end breast cancer. Today, Susan G. Komen™ works to end breast cancer in the U.S. and throughout the world through ground-breaking research, community health outreach, advocacy and programs in more than 50 countries with a focus on low-resource and developing nations. Visit komen.org. Connect with us on Facebook and Twitter. Susan G. Komen 3-Day™ 205 N. Michigan Avenue, Suite 2630 Chicago, IL 60601-5927 p: 800-996-3DAY f: 888-646-5823 The3Day.org Susan G. Komen 3-Day™ Route Description This year thousands of women and men will come together in an amazing display of courage and commitment. They’ll walk 60 miles over the course of three days, approximately 20 miles each day. Each day, the route is open during daylight hours only. Throughout the 60 miles, the participants are supported each step of the way. At no time will we block or direct traffic in any manner. Participants walk only on sidewalks, shoulders and in bike lanes, and follow all pedestrian traffic laws as they venture along the route. We have a dedicated volunteer route safety crew stationed at various points along the route to make sure participants are abiding by all traffic laws and crossing streets safely. All along the route, six to ten 12-passenger “Sweep” vans patrol the route picking up participants who are unable to continue walking. The last walker is escorted by an event staff member known as “the caboose,” who is in constant communication with the event Command Center and is also tracked via GPS locator. Approximately every two to three miles, the participants will come into a rest stop, or service area, designated as a pit stop, grab & go or lunch stop. All stops are operated by event volunteers and staff. Both pit stop and lunch stop areas are designed to give the participants a place to rest, re-hydrate, refuel and take care of basic first aid needs. Licensed medical professionals are located at each of the pit stops and ambulances are stationed where the majority of the participants are gathered. Some of these stops also have coach buses stationed on-site to transport walkers who are unable to continue walking. Each rest stop has an opening and closing time, to ensure participants keep a pace that enables them to complete the route before sunset. Participants arriving after the designated closing time will board a coach bus and are moved ahead to either another stop along the route or to the end of the route. The entire route is monitored from our well-equipped Command Center, which is stationed at our campsite on Friday and Saturday and at our closing location on Sunday. Up-to-the-minute reports are sent to the Command Center where we track the location and pace of the walkers, record any incidents, and handle all emergencies. Susan G. Komen 3-Day™ 205 N. Michigan Avenue, Suite 2630 Chicago, IL 60601-5927 p: 800-996-3DAY f: 888-646-5823 The3Day.org DAY 3 ROUTE TIMELINE SATURDAY afternoon Portable toilets and dumpsters dropped at all sites (dumpsters at LUNCH only) SUNDAY (or MONDAY) TBD Dumpsters picked up at Day 2 LUNCH (exact time TBD by Vendor) SUNDAY 4:30 – 6:00 a.m. Road staff (Road Coordinator and Pit/Lunch Coordinators) arrives at AM SITES (up to and incl. LUNCH) 4:45 – 6:00 a.m. Supplies arrive at AM SITES via semi and are dropped by forklift 5:00 – 6:30 a.m. Snack delivery (24’ box truck) arrives at AM SITES; departs after snacks dropped 5:00 – 6:30 a.m. Crew arrives at AM SITES 6:00 a.m. Lunch truck (refrigerated semi) arrives at LUNCH; parks on-site until site is closed 6:00 – 7:00 a.m. Road staff arrives at PM (post LUNCH) SITES 6:00 – 7:30 a.m. Ice delivery arrives at AM SITES 6:15 – 7:30 a.m. Supplies arrive at PM SITES via semi and are dropped by forklift 6:30 – 7:00 a.m. ROUTE OPENS TO WALKERS (most cities) 7:00 – 8:00 a.m. Snack delivery (24’ box truck) arrives at PM SITES; departs after snacks dropped 7:00 – 8:00 a.m. Crew arrives at PM SITES 7:15 – 10:00 a.m. AM SITES open to walkers (exact times based on mileage) 9:00 – 1:00 p.m. AM SITES close (exact times based on mileage) 10:00 – 11:00 a.m. Ice delivery arrives at PM SITES 10:30 – 12:00 noon PM SITES open to walkers (exact times based on mileage) 1:00 – 4:00 p.m. Supplies & portable toilets picked up at AM SITES (based on vendor availability) 2:00 – 4:00 p.m. PM SITES close (exact times based on mileages) 2:30 – 6:30 p.m. Supplies & portable toilets picked up at PM SITES (based on vendor availability) MONDAY TBD Day 3 lunch dumpsters picked up (time TBD by Vendor)       Dear Certificate Holder:    Dear Certificate Holder:  We have issued the attached Certificate of Insurance on behalf of our client, The  Susan G. Komen Breast Cancer Foundation, Inc./d/b/a Susan G. Komen for the  Cure/and Affiliates.  You will note that certain wording, eluding to coverage  afforded to the certificate holder, may no longer be included within the  Description of Operations section of the certificate (e.g. Additional Insured,  Waiver of Subrogation, Primary and NonContributory languages, etc.)  We have,  however, checked the applicable waiver of subrogation and/or additional insured  boxes on the certificate, and have attached the policy endorsements where  applicable.  These endorsements are “blanket” endorsements that provide  coverage as required under written contract.       Please note, a Certificate of Insurance is intended only to provide basic  information about a set of insurance policies.  The Certificate of Insurance does  not change or amend a policy and does not provide any rights under a insurance  policy, as indicated on the top section of the Acord 25 Certificate of  Insurance.  The inclusion of language eluding to coverage afforded to the  certificate holder, in the Description of Operations section, can be considered a  violation of various state certificate laws.  Subject to policy terms and conditions  and exclusions, the insurance requirements of the contract you have with our  client will trigger any possible policy claim, not the certificate.     We hope the attached will satisfy any written agreement you have with our  insured and apologize for any inconvenience the changes outlined may have  caused.     Please feel free to contact us should you have any questions.      Regards,    Lockton Companies, LLC      LOCKTON COMPANIES, LLC 717 N. Harwood St., Ste 2500 / Dallas, TX  75201‐6527  214‐969‐6700 / Fax: 214‐969‐6799  www.lockton.com  CERTIFICATEOFLIABILITYINSURANCE DATE(MM/DD/YYYY) THISCERTIFICATEISISSUEDASAMATTEROFINFORMATIONONLYANDCONFERSNORIGHTSUPONTHECERTIFICATEHOLDER.THIS CERTIFICATEDOESNOTAFFIRMATIVELYORNEGATIVELYAMEND,EXTENDORALTERTHECOVERAGEAFFORDEDBYTHEPOLICIES BELOW.THISCERTIFICATEOFINSURANCEDOESNOTCONSTITUTEACONTRACTBETWEENTHEISSUINGINSURER(S),AUTHORIZED REPRESENTATIVEORPRODUCER,ANDTHECERTIFICATEHOLDER. IMPORTANT:IfthecertificateholderisanADDITIONALINSURED,thepolicy(ies)mustbeendorsed.IfSUBROGATIONISWAIVED,subjectto thetermsandconditionsofthepolicy,certainpoliciesmayrequireanendorsement.Astatementonthiscertificatedoesnotconferrightstothe certificateholderinlieuofsuchendorsement(s). PRODUCER CONTACTNAME: PHONE(A/C,No,Ext):FAX(A/C,No): E-MAILADDRESS: INSURER(S)AFFORDINGCOVERAGE NAIC# INSURED INSURERA: INSURERB: INSURERC: INSURERD: INSURERE: INSURERF: COVERAGES CERTIFICATENUMBER:REVISIONNUMBER:XXXXXXX THISISTOCERTIFYTHATTHEPOLICIESOFINSURANCELISTEDBELOWHAVEBEENISSUEDTOTHEINSUREDNAMEDABOVEFORTHEPOLICYPERIOD INDICATED.NOTWITHSTANDINGANYREQUIREMENT,TERMORCONDITIONOFANYCONTRACTOROTHERDOCUMENTWITHRESPECTTOWHICHTHIS CERTIFICATEMAYBEISSUEDORMAYPERTAIN,THEINSURANCEAFFORDEDBYTHEPOLICIESDESCRIBEDHEREINISSUBJECTTOALLTHETERMS, EXCLUSIONSANDCONDITIONSOFSUCHPOLICIES.LIMITSSHOWNMAYHAVEBEENREDUCEDBYPAIDCLAIMS. INSRLTR TYPEOFINSURANCE ADDLINSR SUBRWVD POLICYNUMBER POLICYEFF(MM/DD/YYYY)POLICYEXP(MM/DD/YYYY)LIMITS GENERALLIABILITY COMMERCIALGENERALLIABILITY CLAIMS-MADE OCCUR GEN'LAGGREGATELIMITAPPLIESPER: POLICY PRO-JECT LOC EACHOCCURRENCE DAMAGETORENTEDPREMISES(Eaoccurrence) MEDEXP(Anyoneperson) PERSONAL&ADVINJURY GENERALAGGREGATE PRODUCTS-COMP/OPAGG $ $ $ $ $ $ $ AUTOMOBILELIABILITY ANYAUTO ALLOWNEDAUTOS HIREDAUTOS SCHEDULEDAUTOS NON-OWNEDAUTOS COMBINEDSINGLELIMIT(Eaaccident) BODILYINJURY(Perperson) BODILYINJURY(Peraccident) PROPERTYDAMAGE(Peraccident) $ $ $ $ $ UMBRELLALIAB OCCUR EXCESSLIAB CLAIMS-MADE DED RETENTION$ EACHOCCURRENCE AGGREGATE $ $ $ WORKERSCOMPENSATION ANDEMPLOYERS'LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? (MandatoryinNH) Ifyes,describeunder DESCRIPTIONOFOPERATIONSbelow N/A WCSTATU-TORYLIMITS OTH-ER E.L.EACHACCIDENT E.L.DISEASE-EAEMPLOYEE E.L.DISEASE-POLICYLIMIT $ $ $ DESCRIPTIONOFOPERATIONS/LOCATIONS/VEHICLES/(AttachACORD101,AdditionalRemarksSchedule,ifmorespaceisrequired) CERTIFICATEHOLDER CANCELLATION SHOULDANYOFTHEABOVEDESCRIBEDPOLICIESBECANCELLEDBEFORE THEEXPIRATIONDATETHEREOF,NOTICEWILLBEDELIVEREDIN ACCORDANCEWITHTHEPOLICYPROVISIONS. AUTHORIZEDREPRESENTATIVE ACORD25(2010/05)©1988-2010ACORDCORPORATION.Allrightsreserved TheACORDnameandlogoareregisteredmarksofACORD LOCKTONCOMPANIES,LLC-NDALLAS717N.HARWOOD,LB#27 DALLASTX75201 214-969-6700 Event360,Inc.205N.MichiganAve.,Suite2640 ChicagoIL60601 SUSGK03 7/1/2014 1336290 X X X HiredPhys.Damage 1,000,000 XXXXXXX XXXXXXX XXXXXXX XXXXXXX X X 25,000,000 25,000,000 XXXXXXX X X 1,000,000 1,000,000 Excluded 1,000,000 2,000,000 1,000,000 INLANDMARINE LIMITONFILEWITHCOMPANY XXXXXXX XXXXXXX XXXXXXX GreatDivideInsuranceCompany 25224 AGCSMarineInsuranceCompany 22837 CommerceandIndustryInsuranceCompany 19410 A CNA200908-10 7/1/2013 7/1/2014 A CNA200908-10 7/1/2013 7/1/2014 B MXI93050937 7/1/2013 7/1/2014 C 48251373 7/1/2013 7/1/2014 NOTAPPLICABLE SeeAttachments ToWhomItMayConcern 11119630 11119630 7/1/2013 X N N N N N N N N AGENDA MEMO 9/17/2013 Agenda TO: Honorable Mayor and City Council FROM: Liz Spector, City Secretary SUBJECT: Minutes of the September 10, 2013 City Council Meeting BACKGROUND: Each fiscal year the city must renew the Interlocal Agreement with DCHHS for food establishment inspection services and other environmental health services. The agreement term is October 1, 2013 through September 30, 2014. DCHHS provides two annual standard inspections per food service establishment. Additional inspections are performed as deemed necessary by the county. These inspections include examination of food and food protection, personnel, food equipment and utensils, water source, sewage, plumbing, toilet and hand-washing facilities, garbage and refuse disposal, insect, rodent and animal control, floors, walls, ceiling, lights, ventilation and other operations for all establishments in the city that vend food products. This includes all catering trucks licensed to operate in the city. There are 146 permitted food establishments (including all SMU and HPISD locations) and catering trucks currently operating in University Park. DCHHS provides City staff with monthly inspection reports and approval to issue health permits. The cost of this annual contract is $150 per establishment for two inspections with an additional charge of $75 for any subsequent inspections. The amount paid by the city for these services in the previous fiscal year was $14,800 and an equivalent charge is expected for the current year. This contract also provides other environmental health services to be provided upon written request such as vector and/or mosquito control complaints. It also provides the City the option to participate in the County's emergency aerial mosquito spraying plan upon written notice. The City will be required to pay its proportioned share of the cost based upon the number of acres to be sprayed multiplied by the per-acre spraying cost. RECOMMENDATION: Renew the annual contract with DCHHS for food inspection and environmental health services. STATE OF TEXAS COUNTY OF DALLAS 1. PARTIES § § § § § § INTERLOCAL AGREEMENT FOR FOOD ESTABLISHMENT INSPECTION AND ENVIRONMENTAL HEALTH SERVICES BETWEEN DALLAS COUNTY, ON BEHALF OF DALLAS COUNTY HEALTH AND HUMAN SERVICES, AND CITY OF UNIVERSITY PARK This lnterlocal Agreement ("Agreement") is made by and between the City of University Park, Texas ("City"), a Texas municipal corporation, and Dallas County, Texas ("County"), on behalf of Dallas County Health and Human Services ("DCHHS"), a governmental entity, pursuant to the authorities granted by Texas Local Government Code Chapter 791, lnterlocal Cooperation Act, Texas Health and Safety Code Chapters 437, Food and Drug Health Regulations, and 121, Local Regulation of Public Health, along with 25 Texas Administrative Code, Chapter 229, and any other applicable laws, as well as the City ordinance for inspection services of food establishments within City's jurisdiction and other environmental health services to City. 2. TERM This Agreement is effective from October 1, 2013 through September 30, 2014 unless otherwise stated in this Agreement. 3. INSPECTION SERVICES AND REQUIREMENTS A. County will perform a minimum of two (2) inspections per Agreement Term of each food establishment for which the City has submitted an inspection request and for which a fee has been collected from the said food establishment; B. Additional follow-up inspections will be performed as deemed necessary by County; C. Any additional request for follow-up inspections by City of food establishments, including food establishments that are closed due to non-compliance with the State and other applicable rules and regulations will be charged additional fees; D. Each food establishment inspection will be made by a Registered Professional Sanitarian employed by DCHHS, in compliance with all state laws and regulations; E. An examination of the following will be made during each inspection: food and food protection; personnel; food equipment and utensils; water source; sewage; plumbing; toilet and hand-washing facilities; garbage and refuse disposal; insect, rodent, and animal control; floors, walls, and ceiling; light; ventilation; and other operations. 4. BUDGET AND PAYMENT TO COUNTY A. City will collect and submit to the County a minimum of One Hundred Fifty and 00/100 Dollars ($150.00) per Agreement Term. B. Beginning with the third food establishment inspection, City will pay a Seventy Five and 00/100 Dollars ($75.00) fee for each additional inspection requested by City. ILA FOOD ESTAB INSPECT & ENVIRONMT HEALTH SVCS BTW DALLAS COUNTY & CITY OF UNIVERSITY PARK 2013-14 1 C. City will collect Seventy Five and 00/100 Dollars ($75.00) to be paid to the County for a re-opening or inspection fee of a food establishment that has been closed due to non-compliance of Chapter 437 of the Texas Health and Safety Code, or any other state rules and regulations. D. The fees are subject to change, upon prior written notice to City, if additional cost is associated with the services under this Agreement E. City shall pay County the stipulated fees within thirty (30) days of the monthly request for payment, or if County fails to make the payment request, then City shall pay the stipulated fees no later than the last date of this Agreement Term. Any payment not made within thirty (30) days of its due date shall bear interest in accordance with Chapter 2251 of the Texas Government Code. 5. OTHER ENVIRONMENTAL HEALTH SERVICES A. Upon written request from City, County will respond to Vector and/or Mosquito Control complaints. Ground application services will include spraying for adult mosquitoes ("adulticiding"), and treating standing water ("larvaciding") services. B. In the event aerial spraying is needed to control St. Louis Encephalitis or West Nile virus throughout the County, City will have the option to participate in the County's emergency aerial mosquito spraying plan. Should City agree to participate in the plan, City must provide written notice to County and agree to the following: 1) Indicate the areas and amount of acres to be sprayed; and 2) Pay City's proportioned share of the cost based upon the number of acres to be sprayed multiplied by the per-acre spraying cost. 6. RECORDS City shall have the sole responsibility of responding to requests for records of food inspection results produced under this Agreement. County will make its best effort to forward any requests for such records that it received to City within three business days after County's receipt of such requests. 7. TERMINATION A. Without Cause: This Agreement may be terminated in writing, without cause, by either party upon thirty (30) days prior written notice to the other party; B. With Cause: The County reserves the right to terminate the Agreement immediately, in whole or in part, at its sole discretion, for the following reasons: 1) Lack of, or reduction in, funding or resources; 2) Non-performance; 3) City's improper, misuse or inept use of funds or resources; and/or 4) City's submission of data, statements and/or reports that are incorrect, incomplete and/or false in any way. ILA FOOD ESTAB INSPECT & ENVIRONMT HEALTH SVCS BTW DALLAS COUNTY & CITY OF UNIVERSITY PARK 2013-14 2 8. CITY ORDINANCE In order for this Agreement to be valid, the City must have or adopt a City ordinance that provides for the inspection of food establishments by a Registered Professional Sanitarian. City must require the payment of a fee(s) by each food establishment. Ordinance enforcement shall be the responsibility of the City. 9. INDEMNIFICATION County and City, including their respective employees and elected officials, agree that each shall be responsible for its own negligent acts or omissions or other tortious conduct in the course of performance of this Agreement, without waiving any governmental immunity available to County or City under Texas and other applicable laws, and without waiving any available defenses under Texas and other applicable laws. Nothing in this paragraph shall be construed to create or grant any rights, contractual or otherwise, in or to any third persons or entities. 10. INSURANCE City agrees that it will at all times during the term of this Agreement maintain in full force and effect insurance, or self-insurance, to the extent permitted by applicable law under a plan of self-insurance, that is also maintained in accordance with sound accounting practices. It is expressly agreed that City will be solely responsible for all cost of such insurance; any and all deductible amounts in any policy; and in the event that the insurance company should deny coverage. 11. NOTICE Any notice or certification required or permitted to be delivered under this Agreement shall be deemed to have been given when personally delivered, or if mailed, seventy-two (72) hours after deposit of the same in the United States Mail, postage prepaid, certified, or registered, return receipt requested, properly addressed to the contact person shown at the respective addresses set forth below, or at such other addresses as shall be specified by written notice delivered in accordance herewith: DALLAS COUNTY Zachary Thompson, Director Dallas County Health & Human Svcs. 2377 N. Stemmons Frwy., Suite 600 Dallas, Texas 75207-2710 12. ENTIRE AGREEMENT AND AMENDMENT CITY OF UNIVERSITY PARK Bob Livingston, City Manager City Of University Park 3800 University Boulevard University Park, Texas 75205-1711 This Agreement, including any Exhibits and Attachments, constitutes the entire agreement between the parties and supersedes any other agreements concerning the subject matter of this transaction, whether oral or written. No modification, amendment, novation, renewal or other alteration of this Agreement shall be effective unless mutually agreed upon in writing and executed by the parties. 13. COUNTERPARTS, NUMBER/GENDER AND HEADINGS This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. Words of any gender used in this Agreement shall be held and construed to include any other gender. Any words in the singular ILA FOOD ESTAB INSPECT & ENVIRONMT HEALTH SVCS BTW DALLAS COUNTY & CITY OF UNIVERSITY PARK 2013-14 3 shall include the plural and vice versa, unless the context clearly requires otherwise. Headings are for the convenience of reference only and shall not be considered in any interpretation of this Agreement. 14. SEVERABILITY If any provision of this Agreement is construed to be illegal, invalid, void or unenforceable, this construction will not affect the legality or validity or any of the remaining provisions. The unenforceable or illegal provision will be deemed stricken and deleted, but the remaining provisions shall not be affected or impaired, and such remaining provisions shall remain in full force and effect. 15. FISCAL FUNDING CLAUSE Notwithstanding any provisions contained in this Agreement, the obligations of the County under this Agreement are expressly contingent upon the availability of funding for each item and obligation for the term of the Agreement and any pertinent extensions. City shall not have a right of action against County in the event County is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding for any item or obligation from any source utilized to fund this Agreement or failure to budget or authorize funding for this Agreement during the current or future fiscal years. In the event that County is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding, or if funds become unavailable, County, at its sole discretion, may provide funds from a separate source or may terminate this Agreement by written notice to City at the earliest possible time prior to the end of its fiscal year. 16. DEFAULT/CUMULATIVE RIGHTS/MITIGATION It is not a waiver of default if the non-defaulting party fails to immediately declare a default or delays in taking any action. The rights and remedies provided by this Agreement are cumulative, and either party's use of any right or remedy will not preclude or waive its right to use any other remedy. These rights and remedies are in addition to any other rights the parties may have by law, statute, ordinance or otherwise. Both parties have a duty to mitigate damages. 17. IMMUNITY This Agreement is expressly made subject to City's and County's Governmental Immunity, including, without limitation, Title 5 of the Texas Civil Remedies Code and all applicable State and federal laws. The parties expressly agree that no provision of this Agreement is in any way intended to constitute a waiver of any immunities from suit or from liability, or a waiver of any tort limitation, that City or County has by operation of law, or otherwise. Nothing in this Agreement is intended to benefit any third party beneficiary. 18. COMPLIANCE OF LAWS AND VENUE In providing services required by this Agreement, City and County must observe and comply with all licenses, legal certifications, or inspections required for the services, facilities, equipment, or materials, and all applicable federal, State, and local statutes, ordinances, rules, and regulations. Texas law shall govern this Agreement and venue shall lie exclusively in Dallas County, Texas. 19. RELATIONSHIP OF PARTIES City is an independent contractor and not an agent, servant, joint enterpriser, joint venturer or ILA FOOD ESTAB INSPECT & ENVIRONMT HEALTH SVCS BTW DALLAS COUNTY & CITY OF UNIVERSITY PARK 2013-14 4