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HomeMy WebLinkAbout2014.10.21 City Council AgendaCity Council City of University Park Meeting Agenda City Hall 3800 University Blvd. University Park, TX 75205 Council Chamber5:00 PMTuesday, October 21, 2014 EXECUTIVE SESSION 3:30 - 4:00 P.M. Pursuant to TGC§ 551.072, the City Council will meet in closed session to discuss real estate matters. No action will be taken. Executive Conference Room, 1st Floor, City Hall. PRE-MEETING WORK SESSION(S) 4:00 - 5:00 P.M. The City 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 Taylor Armstrong B.PLEDGE OF ALLEGIANCE: Councilmember Taylor Armstrong / Boy Scouts C.INTRODUCTION OF COUNCIL: Mayor Olin Lane, Jr. D.INTRODUCTION OF STAFF: City Manager Robbie Corder II.AWARDS AND RECOGNITION Proclamation – Arbor Day 2001414-225 Staff Report Arbor Day 2014 Attachments: Proclamation - 75th Anniversary of University Park United Methodist Church 14-224 10-21-14 UPUMC ProclamationAttachments: Page 1 City of University Park Printed on 10/17/2014 October 21, 2014City Council Meeting Agenda III.CONSENT AGENDA Consider award of Bid #2014-07 for Stone, Concrete Sand, Pea Gravel, and Sandy Loam 14-199 Staff Report Bid Tabulation - 2014-07 Attachments: Consider and act on a resolution approving an interlocal agreement with Dallas County for participation in the Household Hazardous Waste Program 14-206 Staff Report FY15 Budget Shares Final ILA FY15 - University Park 264approve HHW ILA with Dallas County61979 Attachments: Consider approval of a request from Southern Methodist University (SMU) to use Bush Avenue from Mockingbird Lane to SMU Boulevard as a staging area for their Homecoming Parade Floats 14-210 Staff Report SMU Homecoming Ltr 2014 SMU Homecoming Parade (2014) Revised Route SMU Public Assembly Permit App 2014 Attachments: Consider award of a contract for annual sidewalk replacement14-212 Staff Report Bid Tab 10 02 2014 Attachments: Consider approval of a resolution renewing the City's investment policy14-216 Staff Report Resolution Renewing Invest Policy 10212014 Investment Policy 10212014 Attachments: Consider approval of an ordinance amending the FY2014 budget and providing for transfers of funds 14-217 Staff Report Ordinance amending FY2014 budget 10.21.2014 Attachments: Page 2 City of University Park Printed on 10/17/2014 October 21, 2014City Council Meeting Agenda Consider approval of an ordinance amending the FY2015 budget to carryover FY2014 encumbrances 14-218 Staff Report Encumbrances Summary FY2015 Ordinance amending FY2015 budget 10.21.2014 Encumbrances FY2015 Attachments: Consider approval of the minutes of the September 24, 2014 Community Meeting - HPISD/City Natatorium Proposal and minutes of the October 7, 2014 City Council Meeting with or without corrections 14-219 Staff Report September 24, 2014 Community Meeting Minutes October 7, 2014 City Council Meeting Minutes Attachments: IV.MAIN AGENDA Consider approval of an agreement between the City of University Park and the Jan and Trevor Rees-Jones Revocable Trust for improvements to McFarlin Boulevard (3801 McFarlin) 14-220 Staff Report 264TRJ McFarlin Agreement67950 (3) FINAL 10.17.14 Attachments: Consider approval of an agreement between the City of University Park and the Estate of Adele N. Seybold (3805 McFarlin) 14-221 Staff Report 264Locke re McFarlin improvements67888 FINAL 10.17.14 Attachments: Consider approval of the City's FY15 participation in the North Central Texas Council of Government (NCTCOG) Regional Storm Water Management Program 14-209 Staff Report UP_RSWMP_LOA_FY15 FY15 - Appendix A - Deliverables FY15 - Appendix B - Budget FY15 Work Program Attachments: Consider approval of the renewal of property, liability and worker's compensation coverage with the Texas Municipal League Inter-Governmental Risk Pool in the amount of $220,769.52 14-211 Staff Report Property, Casualty & Liability Insurance Committee Minutes TML renewal 10.1.2014 Attachments: Page 3 City of University Park Printed on 10/17/2014 October 21, 2014City 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. Page 4 City of University Park Printed on 10/17/2014 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@5C059489\@BCL@5C059489.doc 11:10 AM 10/16/14 AGENDA MEMO (10/21/2014AGENDA) DATE: October15, 2014 TO: Honorable Mayor and Members of the City Council FROM: Gerry Bradley, Director of Parks SUBJECT: Proclamation –Arbor Day20014 BACKGROUND: Since 1982,the City of University Parkhas planted over 3700 trees within our communityas part of the very successful “Trees for Town” programas well as the planting of trees as part of our citywide re-forestation program. In an effort to continue to demonstrate our city’scommitment to the health, wellbeing and aesthetics of our community, staff is requesting City Council consider the approval of a proclamationestablishing Friday, November21, 2014as “Arbor Day”in the City of University Park.This will be the 10th year the City has observed this program and the 9th year as being recognized by the National Arbors Day Foundation as a “Tree City USA” community. RECOMMENDATION: Staff is requesting City Council approve the proclamation establishing Arbor Day in the City of University Park on Friday, November 21, 2014. Staff believes that this will be an excellent opportunity to remind residentsof the importance of planting trees during this time of year. ATTACHMENTS: Proclamation 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@0406D1F8\@BCL@0406D1F8.docx 10:15 AM 10/08/14 AGENDA MEMO 10/21/2014Agenda TO:Honorable Mayor and City Council FROM:Elizabeth Anderson, Purchasing Manager SUBJECT:Bid # 2014-07 for Stone, Concrete Sand, Pea Gravel, and Sandy Loam BACKGROUND: We received bids on September 26 for asphaltic materials to be supplied on an annual basis. Six vendors responded, and the low bidders are as follows: Crushed Stone provided by Martin Marietta at $25.00/ton, $80,000 annually Estimated usage is 3,200 tons/year Concrete Sand provided by DFW Aggregates at $25.85/ton, $82,720 annually Estimated usage is 3,200 tons/year Pea Gravel provided by ParnosaAcquisition Company at $20.85/ton, $29,190 annually Estimated usage is 1,400 tons/year Sandy Loam provided by DFW Materials at $19.00/ton, $19,000 annually Estimated usage is 1,000 tons/year Our Infrastructure Maintenance Supervisor has inspected all materials and confirmed that they will meet his needs. Deliveries will begin in November and all prices include freight. This annual contract includes a one-year renewal. RECOMMENDATION: Staff recommends awarding the contracts to the low bidder for each component. The total annual expenditure would be $210,910.00. BID 2014-07 STONE, CONCRETE SAND, PEA GRAVEL, SANDY LOAM - ANNUAL CONTRACT 9/29/2014 COMMODITY COMPANY UNIT PRICE ANNUAL USAGE (TONS)EXTENDED PRICE VENDOR COMMENTS CRUSHED STONE MARTIN MARIETTA 25.00$ 3200 80,000.00$ MATERIAL IS BID FROM THE DALLAS YARD. DELIVERY BID WITH END DUMP TRACTOR TRAILER. ATTACHED IS FORMAL QUOTE WITH STD. TERMS AND CONDITIONS. CRUSHED STONE CJA ENTERPRISES 27.20$ 3200 87,040.00$ CRUSHED STONE DFW MATERIALS 28.00$ 3200 89,600.00$ CRUSHED STONE DFW AGGREGATES 31.37$ 3200 100,384.00$ CRUSHED STONE PARNOSA ACQUISITION COMPANY 32.50$ 3200 104,000.00$ 1" #4 PER SPEC CRUSHED STONE THE LETCO GROUP / LIVING EARTH 35.50$ 3200 113,600.00$ #57 LIMESTONE COMMODITY COMPANY UNIT PRICE ANNUAL USAGE (TONS)EXTENDED PRICE VENDOR COMMENTS CONCRETE SAND DFW AGGREGATES 25.85$ 3200 82,720.00$ CONCRETE SAND PARNOSA ACQUISITION COMPANY 26.50$ 3200 84,800.00$ CONCRETE SAND PER SPEC CONCRETE SAND DFW MATERIALS 27.33$ 3200 87,456.00$ CONCRETE SAND CJA ENTERPRISES 28.60$ 3200 91,520.00$ CONCRETE SAND THE LETCO GROUP / LIVING EARTH 30.00$ 3200 96,000.00$ CONCRETE SAND MARTIN MARIETTA NO BID 3200 NO BID COMMODITY COMPANY UNIT PRICE ANNUAL USAGE (TONS)EXTENDED PRICE VENDOR COMMENTS PEA GRAVEL PARNOSA ACQUISITION COMPANY 20.85$ 1400 29,190.00$ 3/8" PEA GRAVEL PER SPEC PEA GRAVEL CJA ENTERPRISES 21.50$ 1400 30,100.00$ PEA GRAVEL DFW MATERIALS 21.83$ 1400 30,562.00$ PEA GRAVEL DFW AGGREGATES 25.85$ 1400 36,190.00$ PEA GRAVEL THE LETCO GROUP / LIVING EARTH 32.00$ 1400 44,800.00$ PEA GRAVEL MARTIN MARIETTA NO BID 1400 NO BID COMMODITY COMPANY UNIT PRICE ANNUAL USAGE (TONS)EXTENDED PRICE VENDOR COMMENTS SANDY LOAM DFW MATERIALS 19.00$ 1000 19,000.00$ SANDY LOAM THE LETCO GROUP / LIVING EARTH 21.60$ 1000 21,600.00$ LOAM/TON SANDY LOAM DFW AGGREGATES 21.85$ 1000 21,850.00$ SANDY LOAM CJA ENTERPRISES 24.25$ 1000 24,250.00$ SANDY LOAM PARNOSA ACQUISITION COMPANY 26.50$ 1000 26,500.00$ GRADE 1 SANDY LOAM PER SPEC SANDY LOAM MARTIN MARIETTA NO BID 1000 NO BID 10/8/2014 10:16 AM 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@C405FEB7\@BCL@C405FEB7.docx 12:55 PM 10/06/14 AGENDA MEMO 10/7/2014Agenda TO: Honorable Mayor and City Council FROM: Gene R. Smallwood, P.E.; Director of Public Works SUBJECT:Consider and act on a resolution approving an interlocal agreement with Dallas County for participation in the Household Hazardous Waste Program BACKGROUND: The Dallas County Household Hazardous Waste Disposal Program was initiated in 1994. Citizens of University Park have used the Home Chemical Collection Center (located at 11234 Plano Road in Dallas) to dispose of their paint, herbicides, pesticides, etc. University Park's annual contribution to the program is funded as a $25,000 expenditure from the Sanitation Division FY 2015 budget. RECOMMENDATION: Staff recommends City Council approval of the resolution authorizing the City Manager to execute an InterlocalAgreement with Dallas County to coordinate a countywide Household Hazardous Waste Disposal Program. 1 2 PERSONNEL EXPENSE 3 Salary, Pgm. Mgr.$ 66,981 $ 69,660 $ 69,660 4 Fringe, Pgm. Mgr.20,493$ 21,570$ 21,570$ 5 Salary, Pgm. Coordinator $ 50,652 $ 52,678 $ 52,678 6 Fringe, Pgm. Coordinator 17,581$ 18,543$ 18,543$ 7 Salary, HHW Admin. Asst.$ 36,858 39,069$ $ 39,069 8 Fringe, HHW Admin. Asst.15,122$ 16,116$ 16,116$ 9 Salary, Haz. Waste Specialist (A)$ 44,740 $ 44,699 $ 44,699 10 Fringe, Haz. Waste Specialist 16,527$ 17,120$ 17,120$ 11 Salary, Haz. Waste Specialist (B)$ 44,699 $ 44,699 $ 44,699 12 Fringe, Haz. Waste Specialist 16,520$ 17,120$ 17,120$ 13 Salary, Haz. Waste Technician / Proposed Specialist $ 32,864 $ 44,699 $ 44,699 14 Fringe, Haz. Waste Technician / Proposed Specialist 14,410$ 17,120$ 17,120$ 15 PERSONNEL BUDGET SUB-TOTAL 377,446$ 403,093$ 403,093$ 16 PROGRAM OPERATING EXPENSE 17 Advertising 16,000$ 28,000$ 28,000$ 18 Books & Supplements 175$ 175$ 175$ 19 Collection Supplies & Tools 26,500$ 28,000$ 28,000$ 20 Communications (Cell Phones, Pagers)0$ 0$ 500$ 21 Computer Expense (Hardware, Software, Etc.) 1,200$ 1,200$ 1,600$ 22 Dues/Subscriptions 500$ 500$ 600$ 23 Equipment Rental 900$ 900$ 900$ 24 Equipment Repair 3,000$ 3,000$ 3,000$ 25 Fuel 7,000$ 7,000$ 7,000$ 26 Laundry Service 3,000$ 3,000$ 2,500$ 27 Medical Surveillance 4,300$ 4,300$ 4,300$ 28 Mileage/Parking for Routine Business 1,500$ 1,500$ 1,500$ 29 Office Equipment Purchase/Rentals 1,800$ 1,800$ 1,800$ 30 Office furnishings 300$ 300$ 300$ 31 Office Supplies 1,400$ 1,500$ 1,500$ 32 Personal Safety Equipment/Devices 48,000$ 50,000$ 50,000$ 33 Postage/Freight/Courier 700$ 1,200$ 1,200$ 34 Printing/Signage 1,000$ 1,000$ 1,000$ 35 Public Education Materials 1,000$ 1,000$ 1,000$ 36 Staff Development/Training Fees & Supplies 3,400$ 3,400$ 3,400$ 37 Travel for Staff Development & Special Business 600$ 600$ 600$ 38 Uniforms 6,000$ 6,000$ 6,000$ 39 Utilities/Maintenance Expense for HC3 70,000$ 70,000$ 75,000$ 40 Vehicle Maintenance 4,500$ 4,500$ 4,500$ 41 Volunteer Support/Incentives 1,100$ 1,100$ 1,100$ 42 TOTAL OPERATING EXPENSE BUDGET 203,875$ 219,975$ 225,475$ 43 COMBINED PERSONNEL AND OPERATING EXPENSE 581,321$ 623,068$ 628,568$ 44 1OPERATIONS OFFSET FROM CARRYOVER 0$ (26,500)($ (30,000)($ 45 2 NET OPERATING & PERSONNEL COST TO CITIES 581,321$ 596,568$ 598,568$ 46 47 Building Maintenance 10,000$ 10,000$ 10,000$ 48 Equipment 10,000$ 10,000$ 10,000$ 49 TOTAL CAPITAL EXPENSE 20,000$ 20,000$ 20,000$ 50 2 NET OPERATING, PERSONNEL, AND CAPITAL COST TO CITIES 601,321$ 616,568$ 618,568$ 51 OPERATIONAL AND CAPITAL BUDGETS CAPITAL EXPENSE Line #Budget Item FY13 FY14 DALLAS COUNTY HOUSEHOLD HAZARDOUS WASTE PROGRAM FY15 HHW Budget Draft 2 FY15 52 53 3Collection/Mobilization/Disposal 619,500$ 650,000$ 685,000$ 54 Contractual Labor/Temp Labor 175,000$ 184,000$ 184,000$ 55 ESTIMATED TOTAL COLLECTION/DISPOSAL COST 794,500$ 834,000$ 869,000$ 56 1LABOR OFFSET FROM CARRYOVER (80,000)($ (80,000)($ (80,000)($ 57 2 NET COLLECTION/DISPOSAL COST TO CITIES 714,500$ 754,000$ 789,000$ 58 59 60 2 NET COST TO CITIES 1,315,821$ 1,370,568$ 1,407,568$ 61 1TOTAL OFFSET FROM CARRYOVER $ 80,000 $ 106,500 $ 110,000 62 TOTAL PROGRAM BUDGET 1,395,821$ 1,477,068$ 1,517,568$ 1 2 1Special capital purchases and projects 45,000$ 65,000$ 21,000$ 3 2Emergency capital reserve $ 50,000 $ 50,000 $ 50,000 4 ADDITIONAL CARRYOVER USAGE 95,000$ 115,000$ 71,000$ COLLECTION/DISPOSAL BUDGET OVERALL PROGRAM BUDGET (Operational, Collection/Disposal, Capital) File: FY15 Budget & Shares Final NOTES: 3 COLLECTION/DISPOSAL represents estimated disposal costs billed to participating cities on an as-used basis. Actual cost may be less or more, depending on economies achieved and available city funding. 2 NET COST TO CITIES represents the actual cost billed to participating cities after carryover offset is applied. 1 OFFSET FROM CARRYOVER represents funds carried over from prior year budgets and applied to current year budget in order to offset out-of-pocket expense to participating cities. ADDITIONAL RECOMMENDED USE OF PREVIOUS YEAR CARRYOVER FUNDS NOTES: 1SPECIAL CAPITAL PURCHASES AND PROJECTS are off-budget expenses for which the cities request to use previous year carryover funds. FY15 projects include replacement of one can crusher at a cost of up to $18,000 and replacement of two aging computer/printer systems at a cost of up to $3,000. 2EMERGENCY CAPITAL RESERVE represents funds reserved from prior year carryover to cover unexpected capital expenses that cannot be covered within the budget, thus avoiding the need for special assessments to the cities. The capital reserve fund does not accrue and must be re-approved each year. City Service Area Based on Single Family Households as per Current NCTCOG Estimates Percent of Service Area FY15 Quarterly Share of Operational and Capital Budgets* FY15 Annual Share of Operational and Capital Budgets* Addison 1,740 0.32%500$ 2,001$ Dallas 284,450 52.88%81,775$ 327,100$ De Soto 15,289 2.84%4,395$ 17,581$ Duncanville 11,593 2.16%3,333$ 13,331$ Farmers Branch 8,764 1.63%2,520$ 10,078$ Garland 64,078 11.91%18,421$ 73,686$ Highland Park 3,514 0.65%1,010$ 4,041$ Irving 40,834 7.59%11,739$ 46,957$ Mesquite 38,967 7.24%11,202$ 44,810$ Richardson 30,202 5.61%8,683$ 34,730$ Rowlett 18,689 3.47%5,373$ 21,491$ Sachse 6,819 1.27%1,960$ 7,841$ Seagoville 3,653 0.68%1,050$ 4,201$ Sunnyvale 1,728 0.32%497$ 1,987$ University Park 7,594 1.41%2,183$ 8,733$ TOTAL 537,914 100%154,642$ 618,568$ * NOTE: FY15 Operational Budget = $598,568 Capital Costs = $20,000 Combined Operational and Capital Budget = $618,568 Proportional Shares of FY2015 Operational and Capital Budget * DALLAS COUNTY HOUSEHOLD HAZARDOUS WASTE PROGRAM Based on Estimated SINGLE FAMILY HOUSING UNITS Prepared for FY15 Budget Meeting Operational and Capital budget shares are determined by multiplying each city's Percent of Service Area times the budget total. City shares are billed quarterly in advance and may be proportionately adjusted in the event city participation changes. Disposal costs are paid in addition to Operational and Capital costs and are based on actual usage. HHW Interlocal Agreement for FY2015 Amendment No. 2 Page 1 of 3 STATE OF TEXAS § § COUNTY OF DALLAS § AMENDMENT NO. 2 TO THE HOUSEHOLD HAZARDOUS WASTE INTERLOCAL AGREEMENT (The “Agreement”) BETWEEN DALLAS COUNTY AND CITY OF UNIVERSITY PARK (The “City”) A MEMBER CITY OF THE DALLAS AREA HOUSEHOLD HAZARDOUS WASTE NETWORK WHEREAS, on July 7, 2014 the Dallas County Commissioners Court was briefed on a request from the cities of the Dallas Area Household Hazardous Waste Network to renew and revise the effective term and specify new fiscal year budgets for the Household Hazardous Waste Program Interlocal Agreement (“Agreement”) that permits four additional one-year renewals for a five-year total contract term and was authorized by Court Order 2012-1223; and WHEREAS, Amendment 1, which was authorized by Court Order 2013-1248 to renew and extended the FY2013 agreement through FY2014, will expire on September 30, 2014; and WHEREAS, the proposed Amendment No. 2, along with the attachment, will serve to continue the Household Hazardous Waste Program through fiscal year 2015, while updating overall program budget amounts and individual city budget limits for the new fiscal year; and WHEREAS, proposed Amendment No. 2 contains no other changes in the basic terms and conditions of the Agreement and incurs no cost to Dallas County; NOW THEREFORE, by execution of this Amendment No. 2, the Agreement is amended hereby with respect to the items and features described in the Articles below. I. PURPOSE The purpose of this Amendment is to amend the effective term and fiscal year budget of the Agreement without change to the basic terms and provisions. No other sections, provisions, clauses or conditions of the Agreement are waived, deleted or changed hereby, and they shall remain in full force and effect throughout the term of the Agreement and any duly authorized amendments. II. AMENDED PROVISIONS A. The new term of the Agreement shall be October 1, 2014, through September 30, 2015. HHW Interlocal Agreement for FY2015 Amendment No. 2 Page 2 of 3 B. The language contained in Paragraph 1, Section IV. City Responsibilities shall be deleted in its entirety and replaced with the following language: 1. “A sum not to exceed $________________________________ for disposal, setup, operational, capital and transportation costs for HHW collection for residents of the City during the period from October 1, 2014 through September 30, 2015. a. Collection, setup, and disposal costs will be paid after-the-fact, based on actual usage by the City at events and at the collection center. b. Operational and capital costs shall be paid quarterly in advance. c. In the event of early withdrawal, the operational and capital costs will not be pro-rated for partial quarter participation but will become immediately due and payable in full.” C. The language contained in Exhibit C2014 of the Agreement entitled FY2014 HHW Program Budget Summary shall be deleted in its entirety and shall be replaced with the attached Exhibit C2015 entitled FY2015 HHW Program Budget Summary. IN WITNESS WHEREOF, by their signatures below, the duly authorized representatives of Dallas County and City of University Park, a member city of the Dallas Area Household Hazardous Waste Network, do hereby agree and append this Amendment No. 2 to the Agreement. EXECUTED THIS the day of , 2014. DALLAS COUNTY: CITY OF UNIVERSITY PARK: ____________________________ ___________________________ BY: Clay Lewis Jenkins BY: County Judge TITLE: APPROVED AS TO FORM:* Craig Watkins District Attorney Theresa Guerra Snelson Chief, Civil Division _____________________________ BY: Frank Waite Assistant District Attorney * By law, the Dallas County District Attorney’s Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval, and should seek review and approval by their own respective attorney(s) HHW Interlocal Agreement for FY2015 Amendment No. 2 Page 3 of 3 Exhibit C2015 FY2015 HHW PROGRAM BUDGET SUMMARY This exhibit summarizes the total program funding for FY2015 as approved by the Dallas Area Household Hazardous Waste Network at its regular meeting on April 17, 2014, and replaces the language contained in Amendment 1, Exhibit C2014 of the Household Hazardous Waste Program Interlocal Agreement that was authorized by Court Order 2012-1223. Fixed Costs include personnel expense, operating costs, and capital budget, which are shared by the Network cities based on single-family household projections published by North Central Texas Council of Governments. • Personnel Expense includes all HHW staff salaries and fringe. • Operating Expense includes supplies, equipment, advertising, public education, volunteer support, staff development, printing, postage, facility maintenance, utilities, and all other direct programming costs. • Capital Expense includes building repairs, equipment repair or replacement, mechanical upgrades, and expansion projects. Variable costs include estimated direct costs for collection and disposal of hazardous household wastes, which vary according to actual usage and are indicated in the budget summary for planning purposes only. Funding for actual collection, contract labor, and disposal costs will be collected from the cities after the fact, on an as-used basis. • Collection/Mobilization/Disposal Budget includes estimated costs for staging of events, recycling services, waste containers, waste transportation, and disposal. • Contract Labor Expense is for part-time, seasonal labor provided by the disposal vendor. Budget adjustments made to the Operational Budget during the term of the agreement shall not result in a City Funding amount that exceeds the approved budget total shown herein. The County may make line item transfers within the operating budget when these transfers do not exceed $5,000. Budget adjustments in excess of $5,000 must be approved by the HHW Network. BUDGET SECTION CITY FUNDING FIXED COSTS (OPERATIONAL BUDGET) Personnel Costs $ 403,093 Operating Costs $ 225,475 Capital Expense $ 20,000 Sub-Total $ 625,568 ESTIMATED VARIABLE COSTS (COLLECTION / LABOR / DISPOSAL BUDGET) $ 869,000 TOTAL PROGRAM BUDGET $1,517,568 RESOLUTION NO. _________________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, APPROVINGAMENDMENT NO. 2TO THE CITY’S HOUSEHOLD HAZARDOUS WASTE INTERLOCAL AGREEMENT WITH DALLAS COUNTY; AUTHORIZING THE CITY MANAGER TO EXECUTE THEAGREEMENT;AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City heretofore entered into an Interlocal Agreement with Dallas County and others regarding a Household Hazardous Waste Networkfor the collection and disposal of household hazardous waste; and, WHEREAS,the City Council wishes to amend the Agreement to extend its term and provide funding for the next fiscal year; Now Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION1.That Amendment No. 2to the “Household Hazardous Waste Interlocal Agreement”between Dallas County and the City of University Park, a true copy of which is attached hereto as Exhibit “A” and made part hereof for all purposes, is accepted and approved in all respectsby the City Council to amend the effective term to end September 30, 2015and to approve the fiscal year budget set out in the Agreement without change to its basic terms and provisions. That the City Manager is authorized and directed to execute such Amendmenton behalfof the City of University Park and to take such other administrative steps as may be necessary to participate in the Network. SECTION2.This Resolution shall take effect immediately from and after its passage, and it is accordingly so resolved. DULY PASSED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, on the ____day of ____________2014. APPROVED: _______________________________ OLIN B. LANE,MAYOR ATTEST: ________________________________________ CHRISTINE GREEN, CITY SECRETARY APPROVED AS TO FORM: ________________________________ CITY ATTORNEY (RLD/09-22-14; 61979) EXHIBIT A HHW Interlocal Agreement for FY2015 Amendment No. 2 Page 1 of 3 STATE OF TEXAS § § COUNTY OF DALLAS § AMENDMENT NO. 2 TO THE HOUSEHOLD HAZARDOUS WASTE INTERLOCAL AGREEMENT (The “Agreement”) BETWEEN DALLAS COUNTY AND CITY OF UNIVERSITY PARK (The “City”) A MEMBER CITY OF THE DALLAS AREA HOUSEHOLD HAZARDOUS WASTE NETWORK WHEREAS, on July 7, 2014 the Dallas County Commissioners Court was briefed on a request from the cities of the Dallas Area Household Hazardous Waste Network to renew and revise the effective term and specify new fiscal year budgets for the Household Hazardous Waste Program Interlocal Agreement (“Agreement”) that permits four additional one-year renewals for a five-year total contract term and was authorized by Court Order 2012-1223; and WHEREAS, Amendment 1, which was authorized by Court Order 2013-1248 to renew and extended the FY2013 agreement through FY2014, will expire on September 30, 2014; and WHEREAS, the proposed Amendment No. 2, along with the attachment, will serve to continue the Household Hazardous Waste Program through fiscal year 2015, while updating overall program budget amounts and individual city budget limits for the new fiscal year; and WHEREAS, proposed Amendment No. 2 contains no other changes in the basic terms and conditions of the Agreement and incurs no cost to Dallas County; NOW THEREFORE, by execution of this Amendment No. 2, the Agreement is amended hereby withrespect to the items and features described in the Articles below. I. PURPOSE The purpose of this Amendment is to amend the effective term and fiscal year budget of the Agreement without change to the basic terms and provisions. No other sections, provisions, clauses or conditions of the Agreement are waived, deleted or changed hereby, and they shall remain in full force and effect throughout the term of the Agreement and any duly authorized amendments. II. AMENDED PROVISIONS A. The new term of theAgreement shall be October 1, 2014, through September 30, 2015. HHW Interlocal Agreement for FY2015 Amendment No. 2 Page 2 of 3 EXHIBIT A B. The language contained in Paragraph 1, Section IV. City Responsibilities shall be deleted in its entirety and replaced with the following language: 1. “A sum not to exceed $________________________________ for disposal, setup, operational, capital and transportation costs for HHW collection for residents of the City during the period from October 1, 2014 through September 30, 2015. a. Collection, setup, and disposal costs will be paid after-the-fact, based on actual usage by the City at events and at the collection center. b. Operational and capital costs shall be paid quarterly in advance. c. In the event of early withdrawal, the operational and capital costs will not be pro-rated for partial quarter participation but will become immediately due and payable in full.” C. The language contained in Exhibit C2014 of the Agreement entitled FY2014 HHW Program Budget Summary shall be deleted in its entirety and shall be replaced with the attached Exhibit C2015 entitled FY2015 HHW Program Budget Summary. IN WITNESS WHEREOF, by their signatures below, the duly authorized representatives of Dallas County and City of UniversityPark, a member city of the Dallas Area Household Hazardous Waste Network, do hereby agree and append this Amendment No. 2 to the Agreement. EXECUTED THIS the day of , 2014. DALLAS COUNTY: CITY OF UNIVERSITY PARK: ____________________________ ___________________________ BY: Clay Lewis Jenkins BY: County Judge TITLE: APPROVED AS TO FORM: Craig Watkins District Attorney Theresa Guerra Snelson Chief, Civil Division _____________________________ BY: Frank Waite Assistant District Attorney * Bylaw, the Dallas County District Attorney’s Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval, and should seek review and approval by their own respective attorney(s) HHW Interlocal Agreement for FY2015 Amendment No. 2 Page 3 of 3 EXHIBIT A Exhibit C2015 FY2015 HHW PROGRAM BUDGET SUMMARY This exhibit summarizes the total program funding for FY2015 as approved by the Dallas Area Household Hazardous Waste Network at its regular meeting on April 17, 2014, and replaces the language contained in Amendment 1, Exhibit C2014 of the Household Hazardous Waste Program Interlocal Agreement that was authorized by Court Order 2012-1223. Fixed Costs include personnel expense, operating costs,and capital budget, which are shared by the Network cities based on single-family household projections published by North Central Texas Council of Governments. • Personnel Expense includes all HHW staff salaries and fringe. • Operating Expense includessupplies, equipment, advertising, public education, volunteer support, staff development, printing, postage, facility maintenance, utilities, and all other direct programming costs. • Capital Expense includes building repairs, equipment repair or replacement, mechanical upgrades, and expansion projects. Variable costs include estimated direct costs for collection and disposal of hazardous household wastes, which vary according to actual usage and are indicated in the budget summary for planning purposesonly. Funding for actual collection, contract labor, and disposal costs will be collected from the cities after the fact, on an as-used basis. • Collection/Mobilization/Disposal Budget includes estimated costs for staging of events, recycling services, waste containers, waste transportation, and disposal. • Contract Labor Expense is for part-time, seasonal labor provided by the disposal vendor. Budget adjustments made to the Operational Budget during the term of the agreement shall not result in a City Funding amount that exceeds the approved budget total shown herein. The County may make line item transfers within the operating budget when these transfers do not exceed $5,000. Budget adjustments in excess of $5,000 must be approved by the HHW Network. BUDGET SECTION CITY FUNDING FIXED COSTS (OPERATIONAL BUDGET) Personnel Costs $ 403,093 Operating Costs $ 225,475 Capital Expense $ 20,000 Sub-Total $ 625,568 ESTIMATED VARIABLE COSTS (COLLECTION / LABOR / DISPOSAL BUDGET) $ 869,000 TOTAL PROGRAM BUDGET $1,517,568 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS75205 TELEPHONE (214) 363-1644 C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@8C0599C1\@BCL@8C0599C1.docx 5:41 PM 10/14/14 AGENDA MEMO 10/21/2014Agenda TO:Honorable Mayor and City Council FROM:Greg Spradlin, Chief of Police SUBJECT:Approval of a request from Southern Methodist University(SMU) to useBushAvenue from Mockingbird Lane to SMU Boulevard as a staging area for theirHomecoming ParadeFloats BACKGROUND: The University Park Police Department received a Public Assembly application from Mindy Rowland-Hess of Southern Methodist University (SMU) requesting Bush Avenuebe utilized as a staging areafor their Homecoming Parade Floats on Saturday, November 15, 2014. The aforementioned floats and dignitary cars must forma single line on the eastern curb of Bush Avenue facing north. The 3000 block of Binkley Avenue (on the SMU Campus) will be utilized if additional space is necessary. Two (2) Off-Duty Officers are required to work during this event to assist with traffic. One will be stationed at the intersection of SMU Boulevard and Bush Avenue and the other one will be located at Dyer Street and Airline Road. Historically the parade is held three (3) hours prior to the start of the football game. This year the game is being televised and the network can not provide the school with that specific information until 10 to 14 days before the game. RECOMMENDATION: Staff recommends approval of this request providedthe requirements outlined by the University Park Department of Public Works and the University Park Police Department isfollowed. 2014 SMU HOMECOMING PARADE ROUTE 2014 HOMECOMING PARADE ROUTE •Start –Corner of SMU Boulevard and Bush Avenue o Proceed west on SMU Boulevard to Airline o Turn south onto Airline and proceed to Binkley o Turn west onto Binkley and proceed to OwnbyDrive o Turn south at Ownbyand proceed through parking lot behind Barr Pool o Proceed through parking lot to LoydAll-Sports Center and turn west o Proceed through parking lot to Bishop Boulevard o Turn north onto Bishop and around to west side of Bishop o Proceed south on Bishop to Schlegel, east onto Schlegel to Ownby o Turn south at Ownbyto Mockingbird •End –Corner of Ownbyand Mockingbird Lane 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@0C061C7C\@BCL@0C061C7C.docx 4:44 PM 10/17/14 AGENDA MEMO 10/21/2014Agenda TO:Honorable Mayor and City Council FROM:Gene R. Smallwood, P.E.; Director of Public Works SUBJECT:Annual Sidewalk Replacement Program BACKGROUND: Code Enforcement staff address complaints regarding defective sidewalk throughout the City. A list is compiled of the locations and the City Engineer develops contract documents and notices for solicitation of bids. Bids were received on October 2nd, with four contractors submitting proposals for work. A tabulation of bids is attached for your review. The contractor submitting the low bid of $78,182 was Cam-Crete. Staff reviewed his references and work experience and recommends approval. Funds are available for the work in the Infrastructure Maintenance budget. RECOMMENDATION: Staff recommends City Council approval of the bid submitted by Cam-Crete in the amount of $78,182, and authorization for the City Manager to enter into a contract. Item Unit Total Unit Total Unit Total Unit Total No.QuantityUnitDescription Amount Amount Amount Amount Amount Amount Amount Amount SECTION 1 - Pay Items for Defective Sidewalk DSW1 1323SY RemoveExisting4"+/-Reinforced Concrete Sidewalk $10.00$13,230.00 $15.00 $19,845.00 $15.00 $19,845.00 $40.00 $52,920.00 DSW2 68SY RemoveExisting6"+/-Reinforced Concrete Sidewalk Through Driveway $10.00 $680.00 $20.00 $1,360.00 $35.00 $2,380.00 $54.00 $3,672.00 DSW3 1323SY 4"ReinforcedConcreteSidewalk Class"C",6Sack,3600PSI@28 Days $44.00$58,212.00 $55.00 $72,765.00 $60.00 $79,380.00 $94.00 $124,362.00 DSW4 68SY 6"ReinforcedConcreteSidewalk ThroughDrivewayClass"C",6 Sack, 3600 PSI@28 Days $45.00 $3,060.00 $62.13 $4,224.84 $30.00 $2,040.00 $108.00 $7,344.00 DSW5 3EA Barrier-Free Ramps (ADA Compliant)(Bricktobesupplied by City of University Park)$1,000.00 $3,000.00 $1,600.00 $4,800.00 $1,300.00 $3,900.00 $2,500.00 $7,500.00 SECTION 1 -DEFECTIVE SIDEWALK TOTAL BASE BID $78,182.00 $102,994.84 $107,545.00 $195,798.00 Cam-Crete Muniz Construction Ken-Do Contracting Ken-Do Contracting 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@DC05BAE7\@BCL@DC05BAE7.docx 5:30 PM 10/16/14 AGENDA MEMO 10/21/2014Agenda TO:Honorable Mayor and City Council FROM:Thomas W. Tvardzik, Director of Finance SUBJECT:Resolution renewing the City’s Investment Policy BACKGROUND: TheTexasPublicFundsInvestmentAct(the “PFIA”,also Chapter2256 ofthe Texas GovernmentCode)requiresthat a city’sgoverningbody“review its investmentpolicy andinvestmentstrategiesnot lessthanannually”and that thepolicybeadopted byrule, order,ordinance,orresolution.TheCityCouncillast approvedUniversityPark’s InvestmentPolicyvia resolution on July2, 2013. ThisyearCitystaffproposedno changesto theinvestmentpolicy,andthereareno amendmentsto thePFIAthat would impacttheCity'spolicy.The FinanceAdvisory Committeereviews theproposed policyeachyearbefore makingarecommendationto theCouncil. TheCommitteemet on June12, 2014to considerthe proposedinvestmentpolicy.The Committeerecommendedapprovalof the policy. Belowis asummaryof theinvestment policy’skeypoints: Identificationofthepolicy’sfourobjectives:safety,liquidity,yield,andprudence. Safetyis alwaysthe highestpriorityobjective.(Section2.) Descriptionof eligibleinvestments:U.S. Treasuryandagencyobligations; State ofTexasandrelatedobligations; certainmunicipalbonds; repurchase agreements;CD’s;moneymarketmutual funds; andlocalgovernment investmentpools.(Section4.1.) Approvalof investment vendors:theCitymayonlydo businesswithbroker- dealers,banks,andotherswho havebeenreviewed andapprovedannuallyby theFinanceAdvisoryCommittee.(Section 4.2.1.1.) Diversificationofportfolio:Investmentholdings must remain within certain maximum percentagesofthe total portfolio.(Section4.2.1.3.) 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@DC05BAE7\@BCL@DC05BAE7.docx 5:30 PM 10/16/14 Designationofinvestment officers:Onlyauthorized individuals mayconduct investmenttransactionsforthe City:DirectorofFinance Thomas Tvardzik; ControllerCivic Yip;andCityManager Robbie Corder. RECOMMENDATION: CitystaffandtheFinanceAdvisory Committeerecommendapproval oftheproposed Cityinvestment policy. RESOLUTION NO. _____________________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, ADOPTING THE INVESTMENT POLICY OF THE CITY OF UNIVERSITY PARK HERETOFORE ADOPTED BY RESOLUTION NO. 13-008; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Public Funds Investment Act, as amended, requires the City to adopt an investment policy by rule, order, ordinance or resolution, and to review such policy not less than annually; and WHEREAS, the Public Funds Investment Act, as amended, requires the Treasurer, the Chief Financial Officer, and the Investment Officers of the City to attend investment training; and WHEREAS, the City of University Park approves of the investment training courses sponsored by the Texas Municipal League and other independent sources; and WHEREAS, the Treasurer, the Chief Financial Officer, and the Investment Officers of the City have attended investment training courses as required by the Public Funds Investment Act; and WHEREAS, the attached investment policy complies with the Public Funds Investment Act, as amended, and authorizes the investment of City funds in safe and prudent investments; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1.That the City of University Park has complied with the requirements of the Public Funds Investment Act, and the Investment Policy, as amended, attached hereto as Exhibit “A” is hereby adopted as the Investment Policy of the City of University Park, effective October 21, 2014. SECTION 2.That the following individuals are hereby designated as Investment Officers for the City of University Park: Thomas Tvardzik, Director of Finance; Robbie Corder, City Manager; andCivic Yip, Controller. SECTION 3.This resolution shall take effect from and after its passage, and it is accordingly so resolved. DULY PASSED AND APPROVED by the City Council of the City of University Park, Texas, on the 21stday of October, 2014. APPROVED: __________________________________ OLIN B. LANE, MAYOR APPROVED AS TO FORM:ATTEST: _____________________________________________________________________ CITY ATTORNEY CHRISTINE GREEN, CITY SECRETARY EXHIBIT “A” City of University Park, Texas Investment Policy Effective October 21,2014 City of University Park, Texas -Investment Policy i CONTENTS Preface...............................................................................................................................1 1.PURPOSE 1.Authorization........................................................................................................1 2.Goal.......................................................................................................................1 3.Scope.....................................................................................................................1 4.Review and Amendment.......................................................................................2 2.INVESTMENT OBJECTIVES 1.Preservation and Safety of Principal.....................................................................2 1. Credit Risk.......................................................................................................22. Interest Rate Risk.............................................................................................2 2.Maintenance ofAdequate Liquidity.....................................................................3 3.Return on Investments..........................................................................................3 4.Prudence and Ethical Standards............................................................................3 3.INVESTMENT STRATEGY STATEMENT 1.Operating Funds....................................................................................................4 2.Bond Debt Service Funds.....................................................................................4 3.Bond Reserve Funds.............................................................................................44.Capital Projects Funds..........................................................................................5 4.SPECIFIC INVESTMENT POLICIES 1.Eligible Investments..............................................................................................51.Obligations of the United States..................................................................5 2.Obligations of the State of Texas.................................................................5 3.Agencies of the United States and State of Texas.......................................5 4.Obligations of other States, Counties, Cities...............................................5 5.Direct Repurchase Agreements....................................................................56.Certificates of Depositand CDARS............................................................6 7.Share Certificates of state and federal Credit Unions..................................6 8.Money Market Mutual Funds......................................................................6 9.Local Government Investment Pools...........................................................7 2.Ensuring Safety of Principal...................................................................................7 1.Protection of Principal.................................................................................7 1.Approved Broker/Dealers/Financial Institutions/Depositories..............7 2.Collateralization.....................................................................................8 City of University Park, Texas -Investment Policy ii 3.Portfolio Diversification........................................................................8 4.Limiting Maturity...................................................................................9 2.Safekeeping .........................................................................................10 3.Effect of Loss of Required Rating...............................................................10 3.Ensuring Liquidity..............................................................................................10 4.AchievingInvestment Return Objectives...........................................................10 1.Securities Swaps..........................................................................................10 2.Competitive Bidding...................................................................................113.Methods of Monitoring Market Price..........................................................11 4.Benchmark Rate of Return..........................................................................11 5.Responsibility and Controls................................................................................11 1.Authority to Invest.......................................................................................11 2.Bonding requirements/Standard of care......................................................123.Establishment of Internal Controls..............................................................12 4.Standard of Ethics.......................................................................................12 5.Training and Education...............................................................................13 6.Investment Committee................................................................................13 6.Reporting.............................................................................................................137.Compliance Auditand Accounting Method.......................................................14 8.Certification........................................................................................................14 5.ADOPTING CLAUSE.................................................................................................15 ATTACHMENTS 1.Investment Vendor Acknowledgement 2.Broker-Dealer and Bank Questionnaires City of University Park, Texas -Investment Policy 1 PREFACE The purpose of this document is to establish specific investment policy and strategy guidelines for the City of University Park, Texas (“City”) to achieve the goals of safety, liquidity,and yield for all investment activity. The City shall review its investment strategies and policy not less than annually. This policy serves to satisfy the statutory requirement, specifically the Public Funds Investment Act, Chapter 2256 of the Texas Government Code (the “Act”), to define, adopt and review a formal investment strategy and policy. All available funds shall be invested in conformance with these legal and administrative guidelines. Effective cash management is recognized as essential to good fiscal management. An aggressive cash management and investment policy will be pursued to take advantage of investment interest as viable and material revenue to all operating and capital funds. The City’s portfolio shall be designed and managed in a manner responsive to the public trust and consistent with state and federal law. Investments shall be made with the primary considerations of: Preservation of capital and protection of principal Maintenance of sufficient liquidity to meet operating needs Security of City funds and investments Diversification of investments to avoid unreasonable or foreseeable risks Maximization of return on the portfolio SECTION 1: PURPOSE 1-1.Authorization This Policy is authorized by the City Council in accordance with Section 5 of the Public Funds Investment Act (Chapter 2256, Texas Government Code), which requires the adoption of a formal written Investment Policy. 1-2.Goals The primary goal of the City of University Park’s Investment Policy shall be: 1)to ensure the safety of all funds entrusted to the City; 2) to maintain the availability of those funds for the payment of all necessary obligations of the City; and 3) to provide for the investment of all funds, not immediately required, in interest-bearing securities or pooled investment products. The safety of the principal invested shall always be the primary concern. 1-3.ScopeThis Investment Policy of the City of University Parkshall include all investment activities of any fund of the City. The Firefighters’Relief and Retirement Fundis not a City fund and is covered by a separate policy. In addition to this Policy, bond funds, including debt service and reserve funds, shallbe managed by their governing resolution City of University Park, Texas -Investment Policy 2 and federal law, including the Tax Reform Act of 1986 and subsequent legislation. City funds will be pooled for investment purposes. 1-4.Review and AmendmentThis Policy may be amended from time to time as the City Council may so desire or as State Law may require. This Policy, which includes strategies for each fund or pooled fund group, shall be adopted by resolution, rule, or ordinance by the City Council and shall be reviewed annually by the City Council. The fact that the Investment Policy has been reviewed and that any amendments have been made must be recorded by resolution, rule or ordinance. SECTION 2: INVESTMENT OBJECTIVESThe City shall manage and invest its cash with four objectives, listed in order of priority: Preservation and Safety of Principal; Liquidity; Yield; and Prudence. All investments shall be designed and managed in a manner responsive to the public trust and consistent with State and Local Law. Cash management is defined as the process of managing monies in order to increase cash availability and interest earnings on short-term investment of idle cash. The City shall maintain a comprehensive cash management program that includes the prudent investment of available cash. 2-1.Preservation and Safety of PrincipalThe primary objective of City investment activity is the preservation of principal in the overall portfolio. Each investment transaction shall be conducted in a manner designed to avoid principal losses, whether they are from securities defaults or erosion of market value. The manner in which the City ensures safety of principal is presented in Section 4.2, “Ensuring Safety of Principal.” 2-1-1 Credit Risk The City will minimize credit risk, which is the risk of loss dueto the failure of the security issuer or backer by: a.Limiting investments to the types of securities listed in section 4-1 of this Investment Policy. b.Prequalifying the financial institutions, broker/dealers, intermediaries,and advisors with which the City will do business in accordance with Section 4-2-1-1. c.Diversifying the investment portfolio so that the impact of potential losses from any one type of security or from any one individual issuer will be minimized. City of University Park, Texas -Investment Policy 3 2-1-2 Interest Rate RiskThe City will minimize interest rate risk, which is the risk that the market value of securities in the portfolio will fall due to changes in market interest rates, by: a.Structuring the portfolio so that securities mature to meet cash requirements for ongoing operations. b.Investing operating funds primarily in short-term securities, money market mutual funds,or similar investment poolsand by limiting the average maturity of the portfolio in accordance with this policy. 2-2.Maintenance of Adequate Liquidity The City investment portfolio shall be structured sothat the City is able to meet all obligations in a timely manner. Maintenance of adequate liquidity is described in Section 4.3, “Ensuring Liquidity.” 2-3.Return on Investments Consistent with State law, the City shall seek to optimize return on investments within the constraints of safety and liquidity. Investments (excluding assets managed under separate investment programs, such as in arbitrage restrictive programs) shall be made in permitted obligations at yields equal to or greater than the bond equivalent yield on United States Treasury obligations of comparable maturity. Other appropriate performance measures maybe established by the Investment Committee. Specific policies regarding investment rate of return are presented in Section 4.4, “Achieving Investment Return Objectives.” For bond issues to which Federal yield or arbitrage restrictions apply, the primary objectives shall be to obtain satisfactory market yields and to minimize the costs associated with investment of such funds. 2-4.Prudence and Ethical Standards The standard of prudence used by the City shall be the “prudent person rule” and shall be applied in the context of managing the overall portfolio within the applicable legal constraints. The prudent person rule is restated below: “Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence would exercise in the management oftheir own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived.” In determining whether the Investment Officer(s) or Investment Advisor under contract has exercised prudence with respect to an investment decision, the determination shall be made taking into consideration the investment of all funds over which the Officeror Advisor had responsibility,rather than a consideration as to the prudence of a single investment, and whether the investment decision was consistent with the written Investment Policy of the City. City of University Park, Texas -Investment Policy 4 The Investment Officers, acting in accordance with written procedures and exercising due diligence, shall not be held personally responsible for a specific security’s credit risk or market price changes, provided that these deviations are reported immediately. Specific policies describing the City’s prudence and ethical standards are found in Section 4.5, “Responsibility and Controls.” SECTION 3: INVESTMENT STRATEGY STATEMENT The City maintains portfolios that utilize four specific investment strategy considerations designed to address the unique characteristics of the fund groups represented in the portfolios. To maximize the effective investment of assets, all funds needed for general obligations may be pooled into one account for investment purposes. The income derived from this account will be distributed to the various funds based on their average balances on a periodic basis. Proceeds of bond issues shall not be pooled with other assets of the City, but shall be maintained in the fund issuing the bonds with interest earnings on these invested proceeds recorded directly to that fund. 3-1.Operating FundsThe investment strategy for operating funds has as its primary objective the assurance that anticipated cash flows are matched with adequate investment liquidity. The secondary objective is to create a portfolio structure which will experience minimal volatility during economic cycles. This may be accomplished by purchasing high-quality short-to medium-term securities. The dollar weighted average maturity shall be calculated in accordance with GASB requirements. The weighted average maturity of operating funds shall not exceed 548 days. Securities may not be purchased that have a final stated maturity date that exceeds five (5) years. 3-2.Bond Debt Service FundsThe investment strategy for bond debt service fund(s) has as its primary objective the assurance of investment liquidity adequate to cover the debt service obligation on the required payment date. Securities purchased shall not have a stated final maturity date that exceeds the next unfunded bond debt service payment date. 3-3.Bond Reserve Funds The investment strategy for bond reserve fund(s) has as its primary objective the ability to generate a dependable revenue stream to the appropriate debt service fund from securities with a low degree of volatility. Securities should be of high quality and, except as may be required by the Bond Ordinance specific to an individual issue, of short-to- intermediate-term maturities. The stated final maturity dates of securities held shall not exceed five (5) years. 3-4.Capital Projects Funds The investment strategy for capital projects funds portfolios has as its primary objective the assurance that anticipated cash flows are matched with adequate investment liquidity. City of University Park, Texas -Investment Policy 5 These portfolios should include at least 10% in highly liquid securities to allow for flexibility and unanticipated project outlays. The stated final maturity dates of securities held should not exceed the estimated project completion date. SECTION 4: SPECIFIC INVESTMENT POLICIES 4-1.Eligible InvestmentsInvestments described below are those authorized by the Public Funds Investment Act (Chapter 2256, Texas Government Code), as amended, which is made a part of this Policy. The following list may not contain all of those securities that are authorized by state statutes, but only those that the City Council wishes to include in their portfolios. The purchase of specific issues may at times be further restricted or prohibited because of current market conditions. City funds governed by this Policy may be invested in: 1. obligations of the United States or its agencies and instrumentalities; 2. direct obligations of the State of Texas or its agencies; 3. other obligations, the principal and interest on which are unconditionally guaranteed or insured by the State of Texas or the UnitedStates or its agencies and instrumentalities, including obligations that are fully guaranteed or insured by the Federal Deposit Insurance Corporation or by the explicit full faith and credit of the United States. 4. obligations of states, agencies, counties, cities and other political subdivisions of any state having been rated of their own accord as to investment quality by a nationally recognized investment rating firm and having received a rating of not less than AAor its equivalent, and with additional credit enhancement having received a rating of not less than AAA or its equivalent by a nationally recognized investment rating firm. 5. fully collateralized direct repurchase agreements:1) having a defined termination date;2) secured by a combination of cash and obligations described by subdivision 1 of this subsection:3) having securities purchased by the City or cash held by the City pledged to the City, held in the City’s name and deposited at the time the investment is made with the City with a third party selected and approved by the City;and 4) placed through a primary government securities dealer, as defined by the Federal Reserve, or a financial institution doing business in Texas, and having a market value (including accrued interest) of no less than the principal amount of the funds disbursed; 6. a. certificates of deposit issued by a depository institutionwith a main office or branchin Texas that are: 1.guaranteed or insured by the Federal Deposit Insurance Corporation, or its successor; or, City of University Park, Texas -Investment Policy 6 2.secured by obligations that are described by 1 -4 above, which are intended to include all direct federal agency or instrumentality issues that have a market value of not less than the principal amount of the certificates or in any other manner and amount provided by law for deposits of the City.b.made in accordance with the following conditions, commonly known as the Certificate of Deposit Account Registry Service (CDARS): 1.the funds are invested by the City through a broker that has its main office or a branch office in this state and is selected from a list adopted by the City ora depository institution (“bank”) that has its main office or a branch office in this state and that is selected by the City; 2.thebroker orbank selected by the City under Subdivision (1) arranges for the deposit of the funds in certificates of deposit in one or more federally insured depository institutions, wherever located, for the account of the City;3.the full amount of the principal and accrued interest of each of the certificates of deposit is insured by the United States or an instrumentality of the United States; and 4.the City appoints the bank selected by the City under Subdivision (1), an entity described by the Texas Public Funds Collateral Act (Texas Government Code 2257.041(d)) or a clearing broker-dealer registered with the Securities and Exchange Commission and operating pursuant to Securities and Exchange Commission Rule 15c3-3 917 C.F.R. Section 240.15c3-3)as custodian for the City with respect to the certificates of deposit issued for the account of the City. 7. share certificates issued by state and federal credit unions with a main office or branch inTexas that are: 1.guaranteedor insured by the National Credit Union Share Insurance Fund, or its successor; or,2.secured by obligations that are described by 1 -4 above, which are intended to include all direct federal agency or instrumentality issues that have a market value of not less than the principal amount of the certificates or in any other manner and amount provided by law for deposits of the City. 8. SEC-regulated, no-load money market mutual funds with a dollar-weighted average stated portfolio maturity of 90 days or lessand whose investment objectives include seeking to maintain a stable net asset value of $1 per share. No more than 15% of the City’s average fund balance may be invested in money market mutual funds, and the City may not invest funds under its control in an amount that exceeds 10% of the total assets of any individual money market mutual fund. 9. Local government investment pools organized in accordance with the Interlocal Cooperation Act (Chapter 791, Texas Government Act) as amended, whose assets consist exclusively of the obligations that are allowed as a direct investment for funds subject to the Public Funds Investment Act (Chapter 2256, Texas Government Code). A public funds investment pool must be continuously rated no City of University Park, Texas -Investment Policy 7 lower than AAA, AAA-m or at an equivalent rating by at least one nationally recognized rating service. Eligible investment pools must be authorized by the City Council, by rule, order, ordinance, or resolution, as appropriate. The City Council has approved: 1)the Texas Local GovernmentInvestment Pool (“TexPool”), administered by the Texas State Comptroller;2) the Texas Short Term Asset Reserve (“TexSTAR”); administered by JPMorgan Chase and First Southwest Asset Management;and3) TexasTERMand TexasDaily, administered by PFM Asset Management LLC. Unless backed by the full faith and credit of the U.S. government, investments in collateralized mortgage obligations are strictly prohibited. These securities are also disallowed for collateral positions. The City will not be required toliquidate investments that were authorized investments at the time of purchase. 4-2.Ensuring Safety of PrincipalEnsuring safety is accomplished through protection of principal and safekeeping. 4-2-1 Protection of PrincipalThe City shall seek to control the risk of loss due to the failure of a security issuer or guarantorby investing only in the safest types of securities as defined in the Policy. Settlement of all investment transactions, except those transactions involving investments in mutual funds or local government investment pools, must be made on a delivery versus payment (DVP) basis. The purchase of individual securities shall be executed DVPthrough the Federal Reserve System delivered to an authorized safekeeping agent or trustee(“custodian”). By so doing, City funds are not released until the City has received, through the Federal Reserve wire, the securities purchased. The security shall be held in the name of the City. The custodian’s records shall assurethe notation of City ownership of or explicit claim on the securities. Additionally, the City shall adhere to the following practices to protect its investment principal: 4-2-1-1 Approved Broker/Dealers/Financial Institutions and DepositoriesInvestments shall only be made with those firms and institutions who have acknowledged receipt and understanding of the City’s Investment Policy. The “qualified representative” of the business as defined in Chapter 2256 of the Texas Government Code shall execute a written certification to acknowledge receipt of the City’s Investment Policy and to acknowledge that the organization has implemented reasonable procedures and controls to preclude imprudent investment activities arising out of the investment transactions conducted between the entity and the City. Should the City contract with an external investment advisor to execute the investment strategy, including the negotiation and execution of investment transactions, a managing officer of the investment advisory firm may sign the written certification in lieu of the City of University Park, Texas -Investment Policy 8 broker/dealer firms. This certification must be included as part of the investment advisory contract. Securities and certificates of deposit shall only be purchased from those institutions included on the City’s list of broker/dealers and financial institutions as approved by the Investment Committee. All securities dealers shall provide the City with references from other publicentities that they are currently serving. This list of approved investment providers must be reviewed at least annually by the City’s Investment Committee and shall be recorded in the Committee’s meeting minutes. The City’s Finance Advisory Committee shall comprise the Investment Committee. All state and national banks located in the State of Texas, which are insured by the Federal Deposit Insurance Corporation (FDIC) are to be considered as eligible depositories. The financial condition of the bank shall be considered prior to establishing any accounts with that bank. The Finance Advisory Committee shall review the bids submitted by depository candidates and make a recommendation to the City Council for final approval. 4-2-1-2 CollateralizationConsistent with the requirements of State law, the City requires all bank deposits (including time deposits) to be federally insured or collateralized with eligible securities. Financial institutions serving as City Depositories will be required to sign an Agreement with the City and its safekeeping agent for the collateral, perfecting the City’s rights to the collateral in case of default, bankruptcy or closure. The City shall not accept, as depository collateral, any security that is not specifically allowed to be held as a direct investment by the City portfolio (see 4-1). Repurchase agreements must also be collateralized in accordance with State law. Evidence of the pledged collateral shall be maintained by the Finance Director or a third party financial institution. All collateral shall be subject to inspection and audit by the Finance Director or the City independent auditors. 4-2-1-3 Maximum Exposure GuidelinesRisk of principal loss in the portfolio as a whole shall be minimized by diversifyinginvestment types according to the following limitations. As discussed below, these limitations do not apply to bond proceeds. Investment Type:% of Portfolio U.S. Treasury Notes/Bonds/Bills 100% U.S. Agencies 60% Local Government Investment Pools 50% Repurchase Agreements 30% Certificates of Deposit 30% City of University Park, Texas -Investment Policy 9 Municipal Bonds 20% Money Market Mutual Funds 15% It is the policy of the City to diversify its investment portfolio so that reliance on any one issuer or broker will not place an undue financial burden on the City. Generally, the City should limit its repurchase agreement exposure with a single firm to no more than 15% of the value of the City’s overall portfolio. To allow efficient and effective placement of proceeds from any bond sales, these limits may be exceeded for a maximum of five business days following the receipt of bond proceeds. Proceeds ofa single bond issue may be invested in a single security or investment if the Investment Committee determines that such an investment is necessary to comply with Federal arbitrage restrictions or to facilitate arbitrage record keeping and calculation. 4-2-1-4 Limiting Maturity To minimize risk of loss due to interest rate fluctuations, investment maturities will not exceed the anticipated cash flow requirements of the funds. For operating funds, the dollar weighted average days to final stated maturity shall be 548 days or less. The Investment Officer will monitor the maturity level and make changes as appropriate. For bond funds, the investment maturity of bond proceeds (including reserves and debt service funds) shall be determined considering:1) the anticipated cash flow requirements of the funds, and;2) the “temporary period” as defined by Federal tax law during which time bond proceeds may be invested at an unrestricted yield. After the expiration of the temporary period, bond proceeds subject to yield restriction shall be invested considering the anticipated cash flow requirements of the funds. The City shall have a goal of maintaininga minimum of ten percent of the portfolio maturing within thirty days, and twenty-five percent under one year. Under 30 days 10% minimumUnder 1 year 25% minimumUnder 3years 85% minimum Five years maximum single investment Reserve funds and other funds with longer-term investment horizons may be invested in securities exceeding three years if maturities of such investments are made to coincide as nearly as practical with the expected use of fund. The intent to invest in securities with longer maturities shall be disclosed in writing to the City Council 4-2-2 SafekeepingThe City shall contract with a bank or banks for the safekeeping of securities either owned by the City as a part of its investment portfolio or held as collateral to secure City of University Park, Texas -Investment Policy 10 certificates of deposits or repurchase agreements. The Safekeeping Agreement shall clearly define the procedural steps for gaining access to the collateral should the City determine that the City funds are in jeopardy. The safekeeping institution, or Trustee, shall hold all aforementioned securities in an account at the Federal Reserve Bank that specifies City ownership of the account. The Safekeeping Agreement shall include the signatures of authorized representatives of the City, the firm pledging the collateral and the Trustee. The City shall request from the safekeeping institution a copy of its most recent report on internal controls (Statement of Auditing Standards 70, or SAS 70). 4-2-3 Effect of Loss of Required RatingIf a holding’s credit quality rating falls below the minimum required, the City shall take all prudent measures that are consistent with its investment policy to liquidate the holding.City staff will periodically review the credit quality rating of instruments in the City portfolio using rating agency online resources or other media reporting these changes. 4-3. Ensuring Liquidity Liquidity shall be achieved by matching investment maturities with forecasted cash flow requirements, by investing in securities with active secondary markets, and by investing in eligible money market mutual funds (MMMF’s) and local government investment pools (LGIP’s). A security may be liquidated to meet unanticipated cash requirements, to re-deploy cash into other investments expected to outperform current holdings, or to otherwise adjust the portfolio. 4-4. Achieving InvestmentReturn ObjectivesInvestment selection for all funds shall be based on legality, appropriateness, liquidity, and risk/return considerations. Although the City will adopt a “buy and hold” approach, at times the portfolios may be actively managed to enhance overall interest income. Active management will take place within the context of the “Prudent Person Rule.” (see Section 2.4). 4-4-1 Securities Swaps The City may take advantage of security swap opportunities to improve portfolio yield. A swap which improves portfolio yield may be selected even if the transaction results in an accounting loss. 4-4-2 Competitive Bidding It is the policy of the City to require competitive bidding for all individual security purchases except for those transactions with money market mutual funds (MMMFs) and local government investment pools (LGIP’s) which are deemed to be made at prevailing market rates, and for government securities purchased at issue through a primary dealer at auction price. Rather than relying solely on yield, investment in MMMFs and LGIP’s shall be based on criteria determined by the Investment Committee, including adherence to Securities and Exchange Commission (SEC) guidelines for MMMFs when appropriate. At least three bidders must be contacted City of University Park, Texas -Investment Policy 11 in all transactions involving individual securities. Competitive bidding for security swaps is also required. Bids may be solicited in any manner provided by law. For those situations where it may be impractical or unreasonable to receive three bids for a transaction due to a rapidly changing market environment or to secondary market availability, documentation of a competitive market survey of comparable securities or an explanation of the specific circumstance must be included with the transaction bid sheet. All bids received must be documented and filed for auditing purposes. 4-4-3 Methods of Monitoring Market PriceThe methods/sources to be used to monitor the price of investments that have been acquired with public funds shall be from sources deemed reliable by the Investment Officer, including primary or regional broker/dealers, established financial institutions providing portfolio management/accounting services, third-party safekeeping reports, financial publications such as the Wall Street Journal, market information vendors such as Bloomberg or Telerate,and market pricing services. 4-4-4 Benchmark Rate of Return As a general guideline, the City’s cash management portfolio shall be designed with the objective of regularly meeting the average return on three-month U.S. Treasury Bills, or the average rate of 90-day Certificates of Deposit. These indices are considered benchmarks for risk-free investment transactions and therefore comprise a standard for the portfolio’s rate of return. Additional benchmarks may be developed and recommended by the Investment Committee and used as a comparative performance measures for the portfolio. Additional benchmarks that may be considered for targeting by the Investment Committee include the Constant Maturity Treasury Bill with the maturity that most closely matches the weighted average maturity of the portfolio or a more customized index made up of blended Merrill Lynch Treasury/Agency indices. The investment program shall seek to augment rates of return above this threshold, consistent with legal restrictions and prudent investment principles. In a diversified portfolio, measured losses are inevitable and must be considered within the context of the overall portfolio. 4-5. Responsibility and Control 4-5-1 Authority to Invest Authority to manage the City investment program is derived from a resolution of the City. Those authorized by said resolution are designated as Investment Officers of the City, and, in conjunction with the Investment Committee, are responsible for investment decisions and activities. All investment transactions must be acknowledged by a second investment officer besides the one who initiated the transaction. All wire transfers must be approved by two investments officers. The City reserves the right to contract with an external investment advisory firm to manage the investment assets, and the resulting resolution will grant investment authorization to the contracted firm. The Finance Director shall establish written procedures for the operation of the investment program consistent with this Investment Policy. City of University Park, Texas -Investment Policy 12 4-5-2 Bonding requirements/Standard of care Each of the authorized investment officers shall be a bonded employee. All participants in the investment process shall act responsibly as custodians of the public trust and shall exercise the judgment and care, under prevailing circumstances, that a prudent person would exercise in the management of the person’s own affairs. 4-5-3 Establishment of Internal ControlsThe Finance Director is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the entity are protected from loss, theft,or misuse. The internal control structure shall be designed to provide reasonable assurance that the objectives are met. The concept of reasonable assurance recognizes that (1) the cost of a control should not exceed the benefits likely to be derived,and (2) the valuation of costs and benefits requires estimates and judgments by management. 4-5-4 Standard of Ethics City staff involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which couldimpair the ability to make impartial investment decisions. City staff shall disclose to the City any material interests in firms or businesses that conduct investment matterswith the City, and they shall further disclose positions that could be related to the performance of the City portfolio. City staff shall subordinate their personal financial transactions to those of the City, particularly with regard to the timing of purchases and sales. An investment officer of the City who has a personal business relationship with an organization seeking to sell an investment to the City shall file a statement disclosing that personal business interest. An investment officer who is related within the second degree by affinity or consanguinity to an individual seeking to sell an investment to the City shall file a statement disclosing that relationship. A statement required under this subsection must be filed with the Texas Ethics Commission and the governing body of the City. 4-5-5 Training and EducationIn accordance with the Public Funds Investment Act (Chapter 2256, Texas Government Code), the designated Investment Officers, or those personnel authorized to execute investment transactions, must attend periodic investment training. State law requires that training relating to investment responsibilities must be provided by an independent source, such as the Texas Municipal League, North Central Texas Council of Governments, or the University of North Texas Center for Public Management, or as approved by the City Manager. Personnel authorized to execute or approve investment transactions must receive at least 10 hours of investment training for each two year period that begins on the first day of the City’s fiscal year and consists of the two consecutive fiscal years after that date. Newly appointed investment officers must attain at least 10 hours of instruction City of University Park, Texas -Investment Policy 13 relating to the officer’s responsibility under the Act within 12 months after assuming investment duties. 4-5-6 Investment CommitteeAn Investment Committee that is comprised of the membership of the Finance Advisory Committee shall be established to determine investment guidelines, general strategies, and monitor performance. The Committee shall meet quarterly to review performance, strategy,and procedures. The Investment Committee shall include in its deliberation such topics as: performance reports, economic outlook, portfolio diversification, maturity structure, potential risk to the City funds, authorized brokers and dealers, and the targetrate of return on the investment portfolio. 4-6. ReportingInvestment performance is continually monitored and evaluated by the Finance Director. The Investment Officer(s) will provide detailed reports, as required by the Public Funds Investment Act (Chapter 2256, Texas Government Code, Section 2256.023) for the City on a quarterly basis. The Finance Director shall submit a quarterly investment report signed by the investment officers. Thereport shall include a succinct management summary that provides a clear picture of the status of the current investment portfolio and transactions made over the last quarter. This management summary will be prepared in a manner which will allow the City to ascertain whether investment activities during the reporting period have conformed to the Investment Policy. The management summary shall: 1) summarize current market conditions, economic developments and anticipated investment conditions; 2) summarize investment strategies employed in the most recent quarter; 3)describe the portfolio in terms of investment securities, maturities, risk characteristics, and average return for the quarter; 4) outline conformance to the restrictions of the Policy in the area of diversification and term of maturity; 5) compare the performance of City’s portfolio to appropriate benchmarks as determined by the Investment Committee. Additionally, the quarterly financial report will include the following detailed information: 1.A listing of individual securities held at the end of the reporting period. 2.Unrealized gains or losses resulting from appreciation or depreciation by listing the beginning and ending book and market value of securities for the period. 3.Additions and changes to the market value during the period. 4.Average weighted yield to maturity or total return performance of the portfolio on entity investments as compared to applicable benchmarks. 5.Listing of investments by maturity date. City of University Park, Texas -Investment Policy 14 6.The percentage of the total portfoliowhich each type of investment represents. 7.Statement of compliance of the City investment portfolio with State Law and the investment strategy and policy approved by the City. Within 60 days of the end of the fiscal year, the Finance Director or the Investment Advisory firm shall present an annual report on the investment program and investment activity. The report may be presented as a component of the fourth quarter report to the City. 4-7. Compliance Auditand Accounting MethodIn conjunction with its annual financial audit, the City shall perform a compliance audit of management controls on investments and adherence to the City’s established Investment Policies. The results of the audit shall be reported to the Investment Committee and the governing body of the City. The City shall comply with all required legal provisions and Generally Accepted Accounting Principles (GAAP) relating to investment accounting. The accounting principles are those contained in the pronouncement of authoritative bodiesincluding but not necessarily limited to, the Governmental Accounting Standards Board (GASB), the American Institute of Certified Public Accountants (AICPA), and the Financial Accounting Standards Board (FASB). 4-8. Certification A copy of this Investment Policy will be provided to the senior management of any bank, dealer, broker,investment advisor, or safekeeping institutionwishing to transact investment business directly with the City in order that it is apprised of the investment goals of the City. Before business is transacted with the firm, a certification (Attachment 1) must be signed by a senior member of a firm. Should the City contract with an external investment advisor to execute the entity’s investment strategy, including the negotiationand execution of investment transactions, a managing officer of the investment advisory firm may sign the written certification in lieu of the broker/dealer firms. This certification must be included as part of the investment advisory contract. SECTION 5: ADOPTING CLAUSE This Investment Policy for the City of University Park, Texas is hereby adopted as of the 21stday of October, 2014. Mayor Director of Finance ATTEST: City of University Park, Texas -Investment Policy 15 City Secretary City of University Park, Texas -Investment Policy 16 ATTACHMENT 1 ACKNOWLEDGEMENTS City of University Park, Texas -Investment Policy 17 TEXAS PUBLIC FUNDS INVESTMENT ACT ACKNOWLEDGMENTS These Acknowledgments are executed on behalf of the City of University Park, Texas (“Investor”) and _______________________(“Business Organization”) pursuant to the Public Funds Investment Act, Chapter 2256, Government Code, Texas Codes Annotated (the “Act”), in connection with investment transactions conducted between the Investor and the Business Organization. Acknowledgment by Investor The undersigned investment officer of the Investor (“Investment Officer”) hereby acknowledges, represents and agrees on behalf of the Investor that: (i)The Investment Officer (a) has been duly designated by official action of the governing body of the Investor to act as its Investment Officer pursuant to the Act, (b) is vested with full power and authority under the Act and other applicable law to engage in investment activities on behalf of theInvestor, and (c) is duly authorized to execute this Acknowledgment on behalf of the Investor, (ii)Pursuant to the Act, the governing body of the Investor has duly adopted a written investment policy which complies with the Act, including an investment strategy (as the same may be amended, the “Investment Policy”), and the Investment Officer (a) has furnished a true and correct copy of the Investment Policy to the Business Organization and (b) will notify the Business Organization of any rescissionof, or amendment to, the Investment Policy. The Business Organization shall be entitled to rely upon the most recent version of the Investment Policy furnished by the Investment Officer until provided with an amended version; (iii)Attached hereto is a list ofinvestments that are authorized pursuant to the Investment Policy and that the Investment Officer understands may be available from the Business Organization. The attached list may be amended from time to time by mutual agreement of the Investor and the Business Organization, and (iv) In connection with any investment transaction between the Business Organization and the Investor, the Business Organization is not responsible for assuring compliance with those aspects of the Investment Policy over which the Business Organization has no control or knowledge, such as restrictions as to diversity and average maturity, or which require an interpretation of subjective investment standards. INVESTMENT OFFICER Thomas W. Tvardzik Director of Finance City of University Park, Texas Signature: Date: City of University Park, Texas -Investment Policy 18 Acknowledgment by Business Organization I am a registered principal or authorized representative of _________________ (the “Firm”). The Firm is a registered dealer under the Securities Exchange Act of 1934 (the “Act”), and a member of the Financial Industry Regulatory Authority (“FINRA”). I have received a copy of the City of University Park (the “City”) investment policy dated ___. I have provided each current licensed member of the sales personnel who perform investment services for the City with a copy of your investment Policy and haveinstructed these professionals to familiarize themselves with the terms of the Policy. The Firm has implemented reasonable procedures and controls in an effort to preclude investment transactions conducted between the Firm and the City that are not authorized by the City’s investment policy, except to the extent that this authorization is dependent on an analysis of the composition of the entity’s entire portfolio. As a FINRA registered dealer, the Firm is subject to the rules of the Securities and Exchange Commission (the “SEC”) and the Rules of Fair Practices of FINRA. Those rules establish requirements for, among other things, net capital, reserves and custody of customer securities, and suitability of investment recommendations. Those rules also prohibit the use of fraudulent and deceptive practices. The Firm has extensive internal procedures to assist the firm in complying with the rules of the SEC, FINRA and other regulatory bodies having jurisdiction. The Firm’s compliance with these rules will be monitored by FINRA-licensed supervisory principals and its Compliance Department. This process is audited routinely by both internal and outside auditors. Signature:___________________________________ Name Title Date City of University Park, Texas -Investment Policy 19 ATTACHMENT 2: BROKER-DEALER AND BANK QUESTIONNAIRES City of University Park, Texas -Investment Policy 1 City of University Park, Texas BROKER/DEALER QUESTIONNAIRE 1.Name of Firm 2.Address (Local)(National Offices) 3.Telephone ( ) 4.Primary Representatives/Manager/Partner In-charge: Name Name Title Title Telephone Telephone 5.Are you a primary dealer in U.S. Government securities? [ ] Yes [ ] No 6.If so, for how long has your firm been a primary dealer? years 7.What was your firm's total volume in U.S. Government securities trading last year? Firmwide $Number of transactions Your local office $Number of transactions 8.Which instruments are offered regularly by your local desk? [ ] T-bills [ ] Agencies (specify) [ ] Instrumentalities [ ] Bank CDs [ ] S&L CDs [ ] Treasury notes/bonds [ ] BAs (domestic) [ ] BAs (foreign) [ ] Commercial paper [ ] Other (specify) 9.Identify all personnel who will be trading with or quoting securities to our government's employees. Name:Telephone Number: (Attach Resumes Of All The Above Persons) 10.Which of the above personnel have read our government investment policies? 11.Please identify our most directly comparable public sector clients in our geographical area. Entity:Contact Person:Telephone No.: Client Since: 12. Have any of your clients ever sustained a loss on a securities transaction arising from a misunderstanding or misrepresentation of the risk characteristics of the instrument? If so, explain. 13.Have any of your public sector clients ever reported to your firm, its officers or employees, orally or in writing, that they sustained a loss (in a single year) exceeding 10 percent of original purchase price on any individual security purchased through your firm? (Explain.) 14.Has your firm ever been subject to a regulatory or state/federal agency investigation for alleged improper, fraudulent, disreputable or unfair activities related to the sale of securities? Have any of your employees ever been so investigated? (Explain.) City of University Park, Texas -Investment Policy 2 15.Has a public sector client ever claimed, in writing, that your firm was responsible for investment losses? (Explain.) 16.Please include samples of research reports that your firm regularly provides to public sector clients. 17.Please explain your normal custody and delivery process. Who audits these fiduciary systems? 18.Please provide certified financial statements and other indicators regarding your firm's capitalization. 19.Describe the Capital line and trading limits that support/limit the office that would conduct business with our government. 20.What training would you provide to our employees and investment officers? 21.Has your firm consistently complied with the Federal Reserve Bank's capital adequacy guidelines? As of this date, does your firm comply with the guidelines? Has your capital position ever fallen short? By what factor (1.5, 2x, etc.) does your firm presently exceed the capital adequacy guideline's measure of risk? Include certified documentation of your capital adequacy as measured by the Federal Reserve standards. 22.Do you participate in the S.I.P.C. insurance program? If not, explain why. 23.What portfolio information do you require from your clients? 24.What reports, transactions, confirmations and paper trail will we receive? 25.Enclose a complete schedule of fees and charges for various transactions. 26.How many and what percentage of your transactions failed last month? Last year? 27.Describe the precautions taken by your firm to protect the interest of the public when dealing with governmental agencies as investors. 28.With whom are you doing business in the Dallasarea? 29.Are you representing a parent corporation or a subsidiary of another corporation? If you are a subsidiary, will you furnish audited financial statements on your parent corporation as well as your subsidiary? 30.For all employees listed in part9 above, please provide resumes for each and within each resume include the company names of former employers. 31.Provide banking references and include officer contact names and telephone numbers. 32.Do you give perfected security interest in securities under repurchase agreements? FINANCIAL RATIO CRITERIA 1.Growth in current assets and current liabilities must be parallel. 2.Total liabilities, as a multiple of equity, must be less than a ratio of 20:1. 3.The total of securities owned and securities purchased under agreement to resell (reverse repos) must be greater than the total of short-term loans and securities sold under agreements to repurchase (repos). 4.Equity, as a percentage of total assets, must be 5% or more. 5.Growth in retained earnings must exceed 7% for the last two years. 6.Equity growth must be parallel to asset and liability growth. 7.The auditor's opinion must be unqualified. City of University Park, Texas -Investment Policy 3 City of University Park, Texas BANK QUESTIONNAIRE 1.Name of Bank 2.Address (Local)(National Offices) 3.Telephone 4.Primary Representatives/Managers: Name Name Title Title Telephone Telephone 5.Are you a primary dealer in U.S. Government securities? [ ] Yes [ ] No 6.If so, for how long has your firm been a primary dealer? Years 7.Please attach a list of comparable public sector clients in north Texas; include entity name, contact name, contact telephone number and email, and number of years as a client. 8.General banking information –please attach on separate sheet: Financial statements for the past two fiscal years, with an unqualified opinion from a certified public accountant Call reports for the last four quarters or credit rating information for senior and subordinate debt from a recognized credit rating agency Rating information from recognized bank rating agencies Proof of current standing as an eligible public depository Capital ratios: tangible capital, core capital, and risk capital Evidence of growth in current assets and current liabilities being parallel Total liability to equity ratio (must be less than 20:1) Equity as a percentage of assets (must be at least 5%) 9.Please attach a list of the names of the current and most immediate past Board of Directors. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@E4052BEA\@BCL@E4052BEA.docx 5:55 PM 10/16/14 AGENDA MEMO 10/21/2014Agenda TO:Honorable Mayor and City Council FROM:Thomas W. Tvardzik, Director of Finance SUBJECT:Ordinance amending the fiscal 2013-2014 budgetto provide for a transfer of funds from the General Fund to the Capital Projects Fundand from the Utility Fund to the Storm Water Utility Fund. BACKGROUND: General Fund to Capital Projects OnNovember 5, 2013, the City Council considered and acted ona request from SMUto abandon certain street and alley rights-of-way between Airline and Dublin. The compensation to the City for that abandonment totaled $3,895,000. The funds were received anddeposited on December 3, 2013. They were recorded as “other income” within the General Fundduring FY2014. On July 1, 2014, City Council amendedthe FY2014 budget toauthorizea transfer of $2,000,000 from the General Fund to the Capital Projects Fund. Thetransfer provided additional working capital to the Capital Projects Fund, and a potential source of funding for future infrastructure-related projects. Additional capital projects have been identified since the prior transfer. In order to fund those projects, staff is requesting the transfer of the remaining $1,895,000 in the General Fund. Utility Fund to Storm Water Utility Fund The storm water utility fee was authorized by City Council in December of 2003, and first appeared on residential utility billsthe following month. The fee was designedto offset the cost of compliance with various state and federal storm water mitigation programs. As part of the FY2014 budget, a Storm Water Utility Fund (Fund 05) was presented separatelyfor the first time. Prior to FY2014, storm water utility fee revenues and program expenditures were included in the Utility Fund along with water and sewer activities. In order to provide sufficient working capital to the Storm Water Utility Fund, staff requests a transfer of $450,000 be made from the Utility Fund. This amount approximates the FY2015 budgeted revenue included in the Storm Water Utility Fund, 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@E4052BEA\@BCL@E4052BEA.docx 5:55 PM 10/16/14 and may be funded from FY2014 Utility Fund net operating income, which currently stands in excess of $880,000. RECOMMENDATION: City staff recommends the approval of the attachedordinanceauthorizing the requested transfers. ATTACHMENTS: Budget amendment ordinance ORDINANCENO.________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK,TEXAS, AMENDING THE2013-2014FISCALYEARBUDGET,ORDINANCENO.13/028,TO TRANSFER FUNDSFROMTHEFISCALYEAR2014GENERALFUNDINTO THE CAPITALPROJECTS FUNDAND FROM THE FISCAL YEAR 2014 UTILITY FUND INTO THE STORM WATER UTILITY FUND;AUTHORIZING THE CITY MANAGER TO EFFECT SUCH TRANSFER; ANDPROVIDINGANEFFECTIVEDATE. WHEREAS,theCityCounciloftheCityofUniversityParkhasdeterminedthatitisin the publicinteresttoamendOrdinanceNo.13/028totransferfundsfromthefiscalyear2014 generalfundintothecapitalprojectsfundand from the fiscal year 2014 utility fund into the storm water utility fund;Now,Therefore, BE IT ORDAINEDBY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK,TEXAS: SECTION 1.ThatOrdinanceNo.13/028,the2013-2014fiscalyearbudgetordinanceof the CityofUniversityPark,Texas,be,andthesameishereby,amendedtotransferageneralfund appropriation in the amount of $1,895,000tothecapitalprojectsfund,tobeusedforfuture capital projects as deemed necessary. ThatOrdinanceNo.13/028be,andthesameishereby, furtheramendedsoastogiveeffecttosuch appropriationsandtheCityManagerisdirectedto transfersuchfundsfromthegeneralfundtothecapitalprojectsfund. SECTION 2.ThatOrdinanceNo.13/028,the2013-2014fiscalyearbudgetordinanceof the CityofUniversityPark,Texas,be,andthesameishereby,amendedtotransferautilityfund appropriation in the amount of $1,895,000tothestorm water utility fund,tobeusedfor future expenditures projects as deemed necessary. ThatOrdinanceNo.13/028 be,andthesameis hereby,furtheramendedsoastogiveeffecttosuch appropriationsandtheCityManageris directedtotransfersuchfundsfromthegeneralfundtothecapitalprojectsfund. SECTION3.Thisordinanceshalltakeeffectimmediatelyfromandafteritspassage,as the lawandCharterinsuchcasesprovide. DULYPASSED bytheCityCounciloftheCityofUniversityPark,Texas,onthe21st dayof October,2014. APPROVED: OLIN B. LANE, MAYOR APPROVED AS TO FORM:ATTEST: CITY ATTORNEY CHRISTINE GREEN,CITY SECRETARY 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@E4059AFC\@BCL@E4059AFC.docx 5:55 PM 10/16/14 AGENDA MEMO 10/21/2014Agenda TO:Honorable Mayor and City Council FROM:Thomas W. Tvardzik, Director of Finance SUBJECT:Ordinance amending FY2015 budget to carry forward FY2014 encumbrances BACKGROUND: Each year City staff prepares and proposes a budget amendment to bring forward the funds encumbered at the end of the previous fiscal year. Approval of these FY2014 encumbrances (open purchase orders) makes the funds available for expenditure in the current fiscal year, FY2015. Impact on the FY2015 budget The specific amounts per account, department and vendor are displayed in Exhibit “A” of the attached ordinance. The overall impact is shown in the table below: Fund Adopted Budget Encumbrances Amended Budget General $29,126,524 $563,047 $29,689,571 Utility $14,718,462 $14,718,462 Sanitation $2,964,150 $29,796 $2,993,946 Storm Water $453,073 $126,978 $580,051 $47,262,209 $719,821 $47,982,030 Impact on FY2014 financial position The proposed budget amendment would increase authorized expenditures, which may in turn reduce working capitalwhen the expenditures occur. If all encumbrances were converted into expenditures, the impact on working capital could be as follows: Fund 9/30/14 Balance*Encumbrances Adjusted Balance General $5,778,867 ($563,047)$5,215,820 Sanitation $1,663,748 ($29,796)$1,633,952 Storm Water $450,000 ($126,978)$323,022 $7,892,615 ($719,821)$7,172,794 * -Balances for both the General Fund and the Storm Water Fund have been adjusted to reflect the results of transfer activity pending before the Council in a separate agenda item. In the case of the General Fund, the balance reflects a decrease (transferout) of 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@E4059AFC\@BCL@E4059AFC.docx 5:55 PM 10/16/14 $1,895,000, while for the Storm Water Fund the balance reflects an increase (transfer in) of $450,000. The resulting working capital balances are above the minimum levels established by the City’s financial management policies. The following page displays the FY2015adopted budget and the change to each department made by the proposed amendment. RECOMMENDATION: The encumbrance carryforward is presented to the Council each year as a routine item. City staff recommends approval of the attached ordinance. CITY OF UNIVERSITY PARK, TEXAS FY2015 BUDGET AMENDMENT NO. 1 BY FUND AND DEPARTMENT Fund / Org Unit / Department FY2015 Adopted Budget Encumbrances from FY2014 FY2015 Amended Budget GENERAL FUND Revenues 01-11 REVENUES 29,127,024$ -$ 29,127,024$ Total Revenues 29,127,024$ -$ 29,127,024$ Expenditures 01-02 EXECUTIVE 982,878$ 33,800$ 1,016,678$ 01-03 FINANCE 1,095,780 5,883 1,101,663 01-04 HUMAN RESOURCES 366,783 - 366,783 01-05 INFORMATION SERVICES 1,001,452 134,889 1,136,341 01-06 LIBRARY 719,684 17,419 737,103 01-10 COURT 375,499 - 375,499 01-19 COMMUNITY DEVELOPMENT 1,200,734 - 1,200,734 01-20 ENGINEERING 775,179 17,586 792,765 01-25 TRAFFIC 943,232 36,177 979,409 01-35 FACILITY MAINTENANCE 625,552 80,963 706,515 01-40 FIRE 5,454,191 78,423 5,532,614 01-50 POLICE 7,176,920 16,241 7,193,161 01-70 PARKS 2,916,371 19,875 2,936,246 01-75 SWIMMING POOL 364,262 8,060 372,322 01-80 STREETS 2,004,855 113,731 2,118,586 01-85 TRANSFERS 3,123,152 - 3,123,152 Total Expenditures 29,126,524$ 563,047$ 29,689,571$ General Fund Surplus/(Deficit)500$ (563,047)$ (562,547)$ UTILITY FUND Revenues 02-11 REVENUES 14,893,045$ -$ 14,893,045$ Total Revenues 14,893,045$ -$ 14,893,045$ Expenditures 02-21 UTILITY OFFICE 8,620,778$ -$ 8,620,778$ 02-22 UTILITIES 3,723,342 - 3,723,342 02-85 TRANSFERS 2,374,342 - 2,374,342 Total Expenditures 14,718,462$ -$ 14,718,462$ Utility Fund Surplus/(Deficit)174,583$ -$ 174,583$ STORMWATER Revenues 05-11 REVENUES 438,400$ -$ 438,400$ Total Revenues 438,400$ -$ 438,400$ Expenditures 05-23 STORM WATER UTILITY 453,073$ 126,978$ 580,051$ Total Expenditures 453,073$ 126,978$ 580,051$ Storm Water Fund Surplus/(Deficit)(14,673)$ (126,978)$ (141,651)$ SANITATION FUND Revenues 04-11 REVENUES 2,876,160$ -$ 2,876,160$ Total Revenues 2,876,160$ -$ 2,876,160$ Expenditures 04-60 SANITATION 2,964,150$ 29,796$ 2,993,946$ Total Expenditures 2,964,150$ 29,796$ 2,993,946$ Sanitation Fund Surplus/(Deficit)(87,990)$ (29,796)$ (117,786)$ TOTAL REVENUES 47,334,629$ -$ 47,334,629$ TOTAL EXPENDITURES 47,262,209$ 719,821$ 47,982,030$ TOTAL SURPLUS/(DEFICIT)72,420$ (719,821)$ (647,401)$ S:\FINANCE\FINANCE DIRECTOR\City Council\2014\10212014\Encumbrances FY2015.xlsx SUMMARY BY FUND AND DEPT 10/16/2014 3:02 PM C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@E4057305\@BCL@E4057305.docx 5:55 PM 10/16/14 ORDINANCE NO. ______ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE 2014-2015FISCAL YEAR BUDGET, ORDINANCE NO. 14-022, TO CARRY FORWARD ENCUMBRANCES FROM THE 2013-2014FISCAL YEAR BUDGET, INCLUDING TOTAL GENERAL FUND ENCUMBRANCES OF $553,047, SANITATION FUND ENCUMBRANCES OF $29,796, AND STORM WATER FUND ENCUMBRANCES OF $126,978; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City Council of the City of University Park has determined that it is in the public interest to amend Ordinance No. 14-022to carry forward encumbrances of funds from the 2013-2014fiscal year budgetand transfer funds from fund balancesof the General Fund, Sanitation Fundand Storm Water Fundinto specific accounts; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1.That Ordinance No. 14-022, the 2014-2015fiscal year budget ordinance of the City of University Park, Texas, be, and the same is hereby, amended to carry forward to the 2014-2015fiscal year encumbrances authorized in the 2013-2014budget, but not expended during such fiscal year. That a complete listing of such encumbrances, as they existed as of the beginning of the current fiscal year, is attached hereto as Exhibit “A” and made a part hereof for all purposes. That all of such encumbrances, totaling $563,047of general fund encumbrances, $29,796of sanitation fund encumbrancesand $126,978 of storm water fund encumbrances, be, and the same are hereby, approved and carried forward into and made a part of the 2014-2015 fiscal year budget of the City. SECTION 2.This ordinance shall take effect immediately from and after its passage, as the law and Charter in such cases provide. C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@E4057305\@BCL@E4057305.docx 5:55 PM 10/16/14 DULY PASSED by the City Council of the City of University Park, Texas, on the 21st day of October, 2014. APPROVED: ____________________________________ OLIN LANE, MAYOR ATTEST: ____________________________________ CHRISTINE GREEN, CITYSECRETARY APPROVED AS TO FORM: ________________________________ CITY ATTORNEY ACCOUNT ENCUMBRANCE NUMBER ACCOUNT DESCRIPTION AMOUNT VENDOR PO DESCRIPTION P.O. GENERAL FUND EXECUTIVE 01-02-3060 PROFESSIONAL SERVICES 33,800 BALLARD*KING & ASSOCIATES, LTD POOL FEASIBILITY STUDY 2014-193 TOTAL EXECUTIVE 33,800 FINANCE 01-03-7202 MICRO COMPUTER SOFTWARE 3,383 MCCI, LLC ZONE OCR LICENSE / BASIC LSAP (MAINT.) FOR ZONE OCR 2014-223 01-03-7221 OTHER EXPENSE 2,500 STANLEY STEEMER CLEAN CHAIRS IN FINANCE AREA 2014-226 TOTAL FINANCE 5,883 INFORMATION SERVICES 01-05-3060 PROFESSIONAL SERVICES 14,000 INTERGRATED INNOVATIONS, INC.CUSTOM PROGRAMMING AND REPORTING SERVICES 2014-194 01-05-3060 PROFESSIONAL SERVICES 5,000 NEW WORLD SYSTEMS NEW WORLD DOT NET TRAINING 2014-195 01-05-3060 PROFESSIONAL SERVICES 5,000 SUNGARD PUBLIC SECTOR OSSI SYSTEM TRAINING 2014-196 01-05-7170 TRAVEL EXPENSE 4,500 TYLER TECHNOLOGIES ENERGOV ADMINISTRATOR TRAINING 2014-197 01-05-7202 MICRO COMPUTER SOFTWARE 20,000 NEW WORLD SYSTEMS ADD'L HR MODULE FOR APPLICANT TRACKING 2014-201 01-05-7202 MICRO COMPUTER SOFTWARE 25,000 ESRI ENTERPRISE LICENSE AGREEMENT, YEAR 3 OF 3 2014-202 01-05-9201 MICRO COMPUTER EQUIPMENT 20,000 CDW-G BACKUP SYSTEM STORAGE PLACEMENT 2014-199 01-05-9201 MICRO COMPUTER EQUIPMENT 20,000 MEDIA MANAGEMENT REPLACEMENT OF COUNCIL PRODUCTION EQ 2014-200 01-05-9201 MICRO COMPUTER EQUIPMENT 21,389 DELL COMPUTER CORPORATION DELL POWEREDGE R820 FILE SERVER REPLACEMENT / POWERVAULT 2014-203 TOTAL INFORMATION SERVICES 134,889 LIBRARY 01-06-2350 SUPPLIES & MATERIALS 1,500 JANWAY CONPANY USA, INC.PROMOTIONAL MATERIALS, TABLE DRAPE, BANNER 2014-224 01-06-2355 LIBRARY MATERIALS 11,000 INGRAM LIBRARY SERVICES INC BOOKS, DVD'S, AUDIOBOOKS 2014-218 01-06-3060 PROFESSIONAL SERVICES 2,300 HARRINGTON, KATHERYN KATHERYN HARRINGTON, MEETING ROOM FACILITATOR 2014-221 01-06-9100 OFFICE EQUIPMENT 2,619 MEDIA MANAGEMENT REPLACE CONFERENCE ROOM SCREENS 2014-198 TOTAL LIBRARY 17,419 ENGINEERING 01-20-3060 PROFESSIONAL SERVICES 5,586 RAYMOND L. GOODSON JR PROVIDE SERVICES FOR UTILITY WORK 2014-208 01-20-3060 PROFESSIONAL SERVICES 12,000 FREESE AND NICHOLS, INC.PROVIDE SERVICES FOR 30" SANITARY SEWER LINE 2014-217 TOTAL ENGINEERING 17,586 TRAFFIC DEPARTMENT 01-25-3060 PROFESSIONAL SERVICES 10,000 KIMLEY-HORN AND ASSOCIATES INC PLAN FOR HIGHALND PARK MIDDLE SCHOOL 2014-188 01-25-6350 SIGNAL MAINT. & REP 20,575 PARADIGM TRAFFIC SYSTEMS COMPLETE CABINET 2014-164 01-25-6350 SIGNAL MAINT. & REP 5,602 CONSOLIDATED TRAFFIC CONTROLS MASTER & REMOTE FLASHING BEACON - CUBE - SOLAR POWERED 2014-205 TOTAL TRAFFIC 36,177 FACILITY MAINTENANCE 01-35-3115 CONTRACT MAINTENANCE 3,478 CITY WIDE BUILDING SERVICES SEMI-ANNUAL WINDOW CLEANING AT CITY HALL AND PEEK 2014-9 01-35-3115 CONTRACT MAINTENANCE 1,087 CITY WIDE BUILDING SERVICES SEMI-ANNUAL GUTTER AND DOWNSPOUT CLEANING AT CITY HALL 2014-10 01-35-3115 CONTRACT MAINTENANCE 1,505 JOE W FLY COMPANY FILTERS FOR CITY HALL AND PEEK CENTER 2014-21 01-35-3115 CONTRACT MAINTENANCE 1,452 TRANE US, INC ONE ANNUAL AND THREE QUARTERLY PM CITY HALL BLDG AUTO SYSTEM 2014-50 01-35-3115 CONTRACT MAINTENANCE 1,452 TRANE US, INC ONE ANNUAL AND THREE QUARTERLY PM PEEK CTR BLDG AUTO SYSTEM 2014-51 01-35-3115 CONTRACT MAINTENANCE 4,475 ABM BUILDING SERVICES, LLC THREE QUARTERLY AND ONE ANNUAL HVAC PM 2014-53 01-35-3115 CONTRACT MAINTENANCE 48 SIMPLEXGRINNELL ANNUAL TEST & INSPECTION OF FIRE ALARM - PEEK CTR 2014-76 01-35-3115 CONTRACT MAINTENANCE 867 STEWART & STEVENSON SERVICES QUARTERLY PM OF EMERGENCY GENSET AT PEEK CTR 2014-95 01-35-3115 CONTRACT MAINTENANCE 325 TRIPLE B CLEANING, INC SEMI-ANNUAL CLEANING OF EXHAUST SYSTEMS 2014-96 EXHIBIT "A" CITY OF UNIVERSITY PARK, TEXAS FY2015 BUDGET AMENDMENT NO. 1 S:\FINANCE\FINANCE DIRECTOR\City Council\2014\10212014\Encumbrances FY2015.xlsx[EXH A 3:02 PM PAGE 2 OF 4 ACCOUNT ENCUMBRANCE NUMBER ACCOUNT DESCRIPTION AMOUNT VENDOR PO DESCRIPTION P.O. EXHIBIT "A" CITY OF UNIVERSITY PARK, TEXAS FY2015 BUDGET AMENDMENT NO. 1 01-35-3115 CONTRACT MAINTENANCE 438 STEWART & STEVENSON SERVICES QUARTERLY PM OF CITY HALL EMERGENCY GENERATOR 2014-97 01-35-3115 CONTRACT MAINTENANCE 836 SOUTHWASTE DISPOSAL, LLC GREASE TRAP CLEANING - CITY HALL AND PEEK CTR 2014-103 01-35-9950 CONTRACT MAINTENANCE 65000 GALLAGHER CONSTRUCTION CO REMODEL UPFD KITCHEN DAY ROOM 2014-184 TOTAL FACILITY MAINT.80,963 FIRE 01-40-2060 PROTECTIVE CLOTHING & SUPP 4,009 NAFECO LION V-FORCE COAT AND PANTS 2014-52 01-40-2060 PROTECTIVE CLOTHING & SUPP 4,009 NAFECO LION V-FORCE COAT AND PANTS W/ SUSPENDERS 2014-168 01-40-2060 PROTECTIVE CLOTHING & SUPP 11,303 HOYT BREATHING AIR PRODUCTS SCOTT AIR PAKS, FACE MASK, FREIGHT 2014-186 01-40-2060 PROTECTIVE CLOTHING & SUPP 8,200 NAFECO COATS AND PANTS 2014-230 01-40-2060 PROTECTIVE CLOTHING & SUPP 9,050 GT DISTRIBUTORS, INC DUTY BOOTS 2014-231 01-40-2345 MICU DRUGS & SUPPLIES 9,000 MOORE MEDICAL CORP MEDICAL SUPPLIES 2014-228 01-40-2345 MICU DRUGS & SUPPLIES 5,000 MATHESON TRI-GAS, INC SUPPLIES FOR MICU 2014-229 01-40-3115 CONTRACT MAINTENANCE 13,852 PHYSIO-CONTROL, INC MAINT. CONTRACTS FOR LIFE-PAKS 2014-187 01-40-7240 TUITION & TRAINING 9,000 TRAINING DIVISION.COM TRAINING FOR UPFD 2014-232 01-40-7240 TUITION & TRAINING 5,000 UT SOUTHWESTERN MEDICAL CENTER PARAMEDIC SCHOOL 2014-233 TOTAL FIRE 78,423 POLICE 01-50-2029 CLOTHING ALLOWANCE 3,200 GST PUBLIC SAFETY SUPPLY GENERAL ENCUMBRANCE 2014-227 01-50-3075 DIRECT ALARM MONITORING 5,000 ENGLANDER DIRECT ALARM YARD SIGNS 2014-225 01-50-3291 GUNS/EQUIPMENT 1,727 PRECISION DELTA CORP.AMMUNITION 2014-185 01-50-4121 911 SERVICE FEES 6,314 DFW COMMUNICATIONS INC MOTOROLA RADIO SERVICE AGREEMENT 2014-175 TOTAL POLICE 16,241 PARKS 01-70-2350 SUPPLIES & MATERIALS 1,647 B&H PHOTO NIKON D71OODSLR CAMERA KIT 2014-220 01-70-3115 CONTRACT MAINTENANCE 8,568 CARRUTHERS LANDSCAPE MANAGEMENT, INC ANNUAL CONTRACT - TURF MAINTENANCE 2014-44 01-70-3115 CONTRACT MAINTENANCE 5,310 MOORE DISPOSAL, INC.PORT-A-POTTY SERVICE 2014-106 01-70-6200 EQUIPMENT REPAIRS/NON-VEHICLE 2,110 STAHL HOLDINGS LLC 5HP FLOATING FOUNTAIN PUMP FOR WILLIAMS POND 2014-212 01-70-6380 FLOWERS, TREES & SHRUBS 1,490 SIMS GRASS RALEIGH ST. AUGUSTINE SOD 2014-211 01-70-7201 COMPUTER EQT UNDER $5,000 750 SPRINT GENERAL ENCUMBRANCE - I-PAD 2014-222 TOTAL PARKS 19,875 SWIMMING POOL 01-75-6189 SWIMMING POOL REPAIRS 5,500 PIERCE PUMP COMPANY, INC REPLACE PUMP/MOTOR AT BIG POOL 2014-214 01-75-7390 SWIMMING POOL EXPENSE 2,560 BSN SPORTS BEAM PADS, ROYAL BLUE 2014-215 TOTAL SWIMMING POOL 8,060 STREETS 01-80-6190 AUTO REPAIRS 6,231 ASCO PARTS & LABOR - REPAIR UNIT #2747 2014-206 NON-P.O.SIDEWALK REPAIR REIMBURSEMENT 107,500 N/A - NON P.O. ENCUMBRANCE N/A - NON P.O. ENCUMBRANCE XXXX-XXXX TOTAL STREETS 113,731 563,047 SANITATION 04-60-7392 CONTAINERS 12,916 SNYDER INDUSTRIES, INC.ASM DUMPSTERS, LIDS, HARDWARE KIT 2014-209 04-60-7392 CONTAINERS 16,880 SNYDER INDUSTRIES, INC.CONTAIANERS - SNYDER PLAZA 2014-210 TOTAL GENERAL FUND ENCUMBRANCES S:\FINANCE\FINANCE DIRECTOR\City Council\2014\10212014\Encumbrances FY2015.xlsx[EXH A 3:02 PM PAGE 3 OF 4 ACCOUNT ENCUMBRANCE NUMBER ACCOUNT DESCRIPTION AMOUNT VENDOR PO DESCRIPTION P.O. EXHIBIT "A" CITY OF UNIVERSITY PARK, TEXAS FY2015 BUDGET AMENDMENT NO. 1 TOTAL SANITATION 29,796 29,796 STORMWATER05-23-3060 PROFESSIONAL SERVICES 18,165 CARTEGRAPH SYSTEMS, INC STREET LEVEL IMAGERY AND MAPPING 2014-6205-23-9305 STORMWATER EXPENSES 108,813 FLOW-LINE CONSTRUCTION, INC CARUTH PARK IMPROVEMENTS 2014-165TOTAL STORMWATER 126,978 126,978 719,821$ TOTAL ALL FUNDS ENCUMBRANCES TOTAL STORMWATER FUND ENCUMBRANCES TOTAL SANITATION FUND ENCUMBRANCES S:\FINANCE\FINANCE DIRECTOR\City Council\2014\10212014\Encumbrances FY2015.xlsx[EXH A 3:02 PM PAGE 4 OF 4 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@F40515EF\@BCL@F40515EF.docx 3:45 PM 10/17/14 AGENDA MEMO 10/21/2014Agenda TO:Honorable Mayor and City Council FROM:Christine Green, City Secretary SUBJECT:Minutes of the September 24, 2014 CommunityMeeting–HPISD/City Natatorium Proposal and Minutes of the October 7, 2014 City Council Meeting BACKGROUND: Minutes of the September 24, 2014 Community Meeting –HPISD/City Natatorium Proposal and Minutes of the October 7, 2014 City Council Meeting are included for the Council’s review. RECOMMENDATION: City Hall 3800 University Blvd. University Park, TX 75205 City of University Park Meeting Minutes - Final City Council 7:00 PM Council ChamberWednesday, September 24, 2014 Community Meeting - HPISD/City natatorium proposal WELCOME: City Manager Robbie CorderI. City Manager Robbie Corder and HPISD Superintendent Dr. Dawson Orr each made brief opening remarks. They explained that the purpose of the meeting was to receive resident input on a proposal to build a joint-use (HPISD/City) natatorium adjacent to the existing Holmes Aquatic Center on Lovers Lane. Mr. Corder also introduced the consultants who will author a feasibility study on the proposed project. The study is intended to provide the City Council, HPISD and residents with substantial decision-making information. When completed in November or December, the full contents of the study will be made public and presented to the City Council during a regularly scheduled meeting. The City will post the date of that agenda item well in advance of the meeting. SUMMARY OF NATATORIUM PROJECT ISSUES: Ballard King & Associates II Ken Ballard, President of Ballard King, explained that the study will examine costs asscoiated with ongoing staffing, operational expenses, and maintenance of the facility. Page 1City of University Park September 24, 2014City Council Meeting Minutes - Final COMMUNITY INPUT: Ballard King & AssociatesIII The following individuals spoke: Scott Webster - 3552 Rankin Royal Furgeson - 3441 Westminster Liz Helton - 3505 Purdue Russell Fish - 3333 Rankin Isabel Blaylock - 3500 Rosedale Ann Burns - 3522 Rankin Richard Dafoe - 3442 Westminster Max Fuqua - 3219 Milton Ginger Webster - 3552 Rankin Greg Brendel - 3128 Bryn Mawr Bill Skelton - 3915 Wentwood Donald Malouf - 3445 Westminster John Burns - 3522 Rankin Haley Devault - 3533 Rankin Meg Hillert - 3313 Rankin Karen Zaner - 3548 Milton Randee Hefflefinger - 6620 Thackery Sydney McDole - 3100 Stanford John Weekley - 4236 Stanford Duncan Fulton - 3524 Rankin Pat Black - 4437 Windsor Parkway Robert Claycombe - 3520 Milton Sarah Harden - 3548 Rankin Mary Flo Ridley - 3537 Rankin ADJOURNMENTIV. City Manager Robbie Corder adjourned the meeting. Page 2City of University Park City Hall 3800 University Blvd. University Park, TX 75205 City of University Park Meeting Minutes City Council 5:00 PM Council ChamberTuesday, October 7, 2014 EXECUTIVE SESSION 3:05 - 3:42 P.M. Pursuant to TGC§ 551.072, the City Council met in closed session to discuss real estate matters. Pursuant to TGC§551.071(2), the City Council met in closed session to receive confidential legal advice from the City Attorney with regard to a potential use agreement for City facilities. No action was taken. Executive Conference Room, 1st Floor, City Hall. PRE-MEETING WORK SESSION(S) 4:00 - 4:30 P.M. The City Council met in open work session to review the Parks Department's 2014-15 Capital Improvements Program. No action was taken. Council Conference Room, 2nd floor, City Hall. 14-193 Parks Department’s 2014-15 Capital Improvements Program This Report was received. 4:30 - 5:00 P.M. The City Council met in open work session to receive agenda item briefings from staff. No action was taken. Council Conference Room, 2nd floor, City Hall. TO SPEAK ON AN AGENDA ITEM CALL TO ORDERI. Councilmember Bob Begert, Councilmember Dawn Moore, Councilmember Tommy Stewart, Councilmember Taylor Armstrong and Mayor Olin Lane Present:5 - INVOCATION: Fire Chief Randy HowellA. PLEDGE OF ALLEGIANCE: The following Boy Scouts from Troop 72 were present as part of earning the Citizenship in the Community merit badge: Hank Bishop, William Chaffe, William Hillesheim, Seth Pyle, Xander McLendon, Beau Raley, Jack Smith, and Ethan Schwartz. Charlie Philbin of Troop 82 was also present and was there as part of earning the Citizenship in the Community merit badge. The Scouts assisted Fire Chief Randy Howell and the City Council in leading the Pledge of Allegiance. B. Page 1City of University Park October 7, 2014City Council Meeting Minutes INTRODUCTION OF COUNCIL: Mayor Olin Lane, Jr.C. INTRODUCTION OF STAFF: Staff in attendance included Community Information Officer Steve Mace, Chief of Police Greg Spradlin, Director of Public Works Bud Smallwood, City Secretary Christine Green, Director of Parks & Recreation Gerry Bradley, Assistant to the City Manager George Ertle, Acting Community Development Director Jacob Speer, Library Director Sharon Martin, Fire Chief Randy Howell, and Purchasing Manager Elizabeth Anderson. D. AWARDS AND RECOGNITIONII. CONSENT AGENDAIII. 14-192 Consider and act on an ordinance amending the residential parking disrict to remove the 3000 block of Fondren and the addition of the north side of the 4300 block of Hyer City Manager Corder said that this ordinance amends the residential parking district to remove the 3000 block of Fondren Drive. This block is now owned by SMU and is therefore private property. The ordinance also adds the north side of the 4300 block of Hyer Street to the residential parking district near Highland Park High School as requested by resident petition. This Ordinance was adopted. Enactment No: ORD No.14/026 14-196 Consider approval of cooperative purchase of two vehicles for the Parks Department City Manager Corder said that this is a purchase of two pieces of replacement equipment for the Parks Department: a stump grinder and a multi-purpose maintenance truck. Both items are being purchased via BuyBoard cooperative contracts which satisfies competitive bidding requirements. The total purchase amount is $70,255.70. This Purchase was approved. 14-198 Consider approval of an Interlocal Agreement for Cooperative Purchasing with the City of Glenn Heights The City Manager said that this agreement will facilitate cooperative purchasing between University Park and Glenn Heights. The City is interested in participating in Glenn Heights' contract for EMS billing services, and this interlocal agreement would enable that cooperative purchase as well as others between the two cities. This Interlocal Agreement was approved. Page 2City of University Park October 7, 2014City Council Meeting Minutes 14-202 Consider approval of the minutes of the September 16, 2014 City Council meeting with or without corrections The Minutes were approved. Approval of the Consent Agenda A motion was made by Councilmember Armstrong, seconded by Councilmember Stewart, to approve the Consent Agenda. The motion carried by the following vote: Aye:Councilmember Begert, Councilmember Moore, Councilmember Stewart, Councilmember Armstrong, and Mayor Lane 5 - MAIN AGENDAIV. Mayor Pro Tem Begert read a statement prepared jointly by the City and school district as follows: Following substantial community input about the idea of building a natatorium in Curtis Park, the City of University Park and Highland Park ISD are in agreement that other sites will be studied and evaluated for a possible joint-use natatorium. HPISD will evaluate the merits of other potential locations and partnerships and will continue discussions with the City of UP. In conjunction with this evaluation process, the City of University Park will continue its feasibility study to help determine the financial viability of operating a joint natatorium facility with HPISD. Community input will continue to be an important part of the site selection process. 14-203 Discuss request from Karin Zaner, 3548 Milton, to address the City Council A motion was made by Councilmember Moore, seconded by Councilmember Stewart, to allow Karin Zaner to address the City Council. Councilmember Begert said that he wanted to hear Ms. Zaner speak, but that this should be an exception, not set precedent, for future similar requests. He also suggested a time limit of seven minutes for Ms. Zaner's presentation. Mayor Lane called for a vote on the amended motion. The motion carried by the following vote: Aye:Councilmember Begert, Councilmember Moore, Councilmember Stewart, Councilmember Armstrong, and Mayor Lane 5 - Page 3City of University Park October 7, 2014City Council Meeting Minutes Karin Zaner, 3548 Milton, addressed the Council. She said she represented the "Save Curtis Park" group, and she spoke in opposition to the proposed natatorium. She asked the Council to respond to the three items listed in the letter she submitted requesting to speak to the City Council: 1. Provide a description of the procedure that the City Council will follow as it explores the idea of a natatorium in Curtis Park; 2. Provide information about the legality of transferring City property and compliance with school finance laws; 3. Provide a public hearing with the City Council before other action is taken. Mayor Lane addressed Ms. Zaner and the audience. He said that the feasibility study is the first step to exploring the idea of building a joint-use City/HPISD natatorium in Curtis Park. He said that the City will present the results of the feasibility study and a process will be determined after that time. Councilmember Moore addressed the second part of Ms. Zaner's letter. She emphasized that there is no intent to transfer City property to HPISD. She said that it is important to see the results of the commissioned feasibility study before proceeding with any necessary legal opinions. Councilmember Begert addressed the third part of Ms. Zaner's letter. He emphasized that the City Council has discussed this subject in the light of day in accordance with the Texas Open Meetings Act. He said that this will be a public decision where the citizens will have input. He compared the process with that of the YMCA expansion, the George W. Bush Library, and the Park Cities Baptist Church parking garage in which the Council held public hearings and reviewed letters and e-mails from numerous citizens before making a decision. Ms. Zaner asked the Mayor to clarify where the City is in the process of this proposed natatorium. The Mayor replied that the City is at the beginning of the process and that the feasibility study is the first step. He emphasized that the City is awaiting the results of the feasibility study before proceeding. Ms. Zaner said that she wants public notice on each additional step related to this process. Dawn Moore said that she is surprised at the rumors and stories that have come from this group as no decisions have been made. Ms. Zaner said that she and the group are concerned about a May 2015 bond issue and a rush to get this done. Councilmember Begert said that a timeline hasn't been discussed, and what's included in the bond package is the school district's decision. Page 4City of University Park October 7, 2014City Council Meeting Minutes 14-191 Consider approval of engineering proposal for Mile-Per-Year Stanhope / Shenandoah and other alleys project (Project 47050) City Manager Corder said this an engineering services contract from Binkley and Barfield in the amount of $214,920 for the Mile-Per-Year project. There are five locations on the proposal for water and sewer improvements on Stanhope / Shenandoah and other alleys in the southwest part of the City. A motion was made that this Contract be adopted. The motion carried by the following vote: Aye:Councilmember Begert, Councilmember Moore, Councilmember Stewart, Councilmember Armstrong, and Mayor Lane 5 - 14-194 Consider approval of a proposal for Smith Park Playground Improvements City Manager Corder said that this is a proposal for playground improvements at Smith Park in the amount of $191,110.30. The project will include the replacement of the existing equipment, the installation of rubberized surfacing, shade structures, and the installation of new tables, benches and a drinking fountain. The proposal from GameTime (Total Recreation Products, Inc.) is via a BuyBoard cooperative contract, and this satisfies all competitive bidding requirements A motion was made that this Action Item be adopted. The motion carried by the following vote: Aye:Councilmember Begert, Councilmember Moore, Councilmember Stewart, Councilmember Armstrong, and Mayor Lane 5 - 14-201 Consider approval of a License Agreement with Extenet Systems, Inc. for Distributed Antenna Systems and small cell networks in the City’s public rights-of-way City Manager Corder said that this is a license agreement with ExteNet Systems, Inc. to use the City right-of-way and existing AT&T and Verizon poles for a Distributed Antenna System that would improve cell service within the City. The company is proposing to place five nodes in University Park and several others in Highland Park. The City will receive compensation for the use of the right -of-way. A motion was made by Councilmember Armstrong, seconded by Councilmember Stewart, that this License Agreement be adopted. The motion carried by the following vote: Aye:Councilmember Begert, Councilmember Moore, Councilmember Stewart, Councilmember Armstrong, and Mayor Lane 5 - Page 5City of University Park October 7, 2014City Council Meeting Minutes PUBLIC COMMENTSV. Beau Raley, 4551 Fairway, Highland Park, TX, and Boy Scout, Troop 72, spoke in opposition to building a natatorium in Curtis Park. He expessed concern about negative environmental effects to the park and surroundings during construction. ADJOURNMENTVI. Page 6City of University Park 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@FC05A07F\@BCL@FC05A07F.docx 4:06 PM 10/17/14 AGENDA MEMO 10/21/2014Agenda TO:Honorable Mayor and City Council FROM:Robbie Corder, City Manager SUBJECT:Consider & Act: Agreement between the City of University Park and the Jan and Trevor Rees-Jones Revocable Trust for improvements to McFarlin Boulevard(3801 McFarlin) BACKGROUND: The City of University Park has various locations throughout the community subject to flash flooding during significant rain events. The most dangerous location is on the 3800 block of McFarlin near Turtle Creek, just south of Williams Park. During a 100-year storm event, flood waters from Turtle Creek can crest five-feet (5’) over McFarlin Boulevard between Williams Parkway and Park Street. For several years, the City has studied various options that would lower the floodplain in this location; however, the magnitude of various improvements needed to McFarlin Boulevard, Williams Park and water impounding dams downstream have made the project cost prohibitive in the past. In connection with property redevelopment south of McFarlin, the City has been in negotiationswith property owners immediately south of McFarlin Boulevard to address this critical flooding problem. The proposed agreement between the City of University Park and the Jan and Trevor Rees-Jones Revocable Trust represents a public/private partnership that would allow the City to proceed with necessary infrastructure improvements to correct the flooding in this area. In exchange for the Jan and Trevor Rees-Jones Revocable Trust designing and constructing a dam on private property (at their sole cost) to replace the existing McElvaney Dam, the terms of the proposed agreement would require the City to be responsible for the following items: Ongoing operation, maintenance, and repair of the newly constructed dam south of McFarlin Boulevard; and Reconstruction of McFarlin Boulevard between Williams Parkway and Park Street for installation of a new bridge across Turtle Creek. The City Council previously authorized the necessary design work for improvements to McFarlin Boulevard earlier this year during theAugust 19th City Council meeting. The Parks Advisory Committee and the Urban Design and Development Advisory Committee have reviewed the proposed concept plans, and unanimously recommended approval. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@FC05A07F\@BCL@FC05A07F.docx 4:06 PM 10/17/14 RECOMMENDATION: Staff recommends approval of the proposed agreement between the City of University Park and the Jan and Trevor Rees-Jones Revocable Trust. Agreement Regarding McFarlin Improvements TM 67950 D-2269541 AGREEMENT REGARDING MCFARLIN IMPROVEMENTS ThisAGREEMENT REGARDING MCFARLIN IMPROVEMENTS(“Agreement”)is made and entered into as of the ___ day of _____________ 2014(the “Effective Date”), by and between TREVOR DAVID REES-JONES, TRUSTEE OF THE JAN ANDTREVOR REES-JONES REVOCABLE TRUST CREATED PURSUANT TO TRUST AGREEMENT DATED AUGUST 27, 2008(“TRJ”),and theCityofUniversityPark, a municipal corporation(the “City”). RECITALS: WHEREAS,TRJowns certain real property located in the City of University Park, Dallas County, Texas, as more particularly depictedon Exhibit “A”attached hereto and made a part hereof (the “Premises”). WHEREAS, TRJ intends to constructa bridge over Turtle Creek (the “TRJ Bridge”), and shall consider constructing a dam (the “Dam”)within the structure of the TRJ Bridge, both on the Premises. WHEREAS, the City desires to rebuild thebridge across Turtle Creek on McFarlin Blvd in the general location shown on Exhibit “B”attached hereto and made a part hereof (the “McFarlin Bridge”) with respect to the Premisesto (i) equalize the water levels on both sides of McFarlin Blvd and (ii) through the operation of the Dam,to reduce the risk ofwater cresting over McFarlin Blvd at flood stage. NOW, THEREFORE,in consideration of the mutual agreement herein contained, TRJ and the City covenant and agree as follows: AGREEMENT: 1.Design Construction of Dam. TRJ shalldesign and construct the TRJ Bridge and Dam, and shall remove the existing McElvaneydam, at his sole cost and expense. The TRJ Bridge and Dam shall at all times be owned by TRJ. During construction of the Dam, at such time as the adjacent pool of Turtle Creek is drained and a cofferdam is in place, TRJ agrees to de-silt the portion of Turtle Creek located on the Premises south of McFarlin Blvdat his sole cost and expense. 2.Maintenance and Operation of Dam. Upon completion of construction of the Dam, the City shall be solely responsible for the operation, maintenance and repair of the Dam(including, without limitation,any regulatory compliance),at its sole cost and expense.In connection with the City’s operation, maintenance and repair obligations, TRJ agrees to grant to the City, and the City acknowledges that its right to access the Premises is limited to, the following easements: a.An easement over a tract no larger thantwenty-sixfeetby twenty feet(26’ by20’) for a dam control structure on the North property line of Lot6 or 8, Windsor Park Addition,along with an easement that istenfeet(10’) wide alongthe North property line of Lots 6 and 8, Windsor Park Addition, for installing an underground conduit for electric and pneumatic lines running from such control structure to the Dam, with each such easement in an exact location to be determined by TRJ in his sole discretion. b.Aneasement from Windsor Circle to the Dam,in an exactlocation to be determined by TRJ in his sole discretion,for use by the City. Use of the easement shall be limited to normal business hours on weekdays,except in the event of emergency. Agreement Regarding McFarlin Improvements TM 67950 D-2269541 c.An easementfor placement of City equipment used for de-silting the Turtle Creek pool located south of McFarlin Blvdon the Premises; provided, however, such easement shall be exclusively within the creek bed of Turtle Creek located on Lots 5 & 8, Windsor Park Addition(for the avoidance of doubt, the City shall not be permitted to access or place any equipment on the Premises that is outside of such creek bed). The City shall bear the cost of all future de-silting operations once the Dam has been completed and become operational. No silt removed from the creek bed shall be placed on the Premises or other land owned or acquired in the future by TRJ. d.In the event the City fails or refuses to operate, maintain and repair the Dam, TRJ shall have theright to remove or disable the Dam from the TRJ Bridge and to terminate the foregoing easements in his sole discretion. 3.Construction of McFarlin Bridge. The Cityshall, through appropriate action by the City Council, rebuild the McFarlin Bridge in accordance with the City’s current design and on a time schedule that is parallel to the construction of the TRJ Bridge and Dam. 4.Turtle Creek Water Level.After the City completes construction of the McFarlin Bridgeandrenovation and the installation of the Dam is complete, the City intends to operate the Dam to achieve a water level of 527feetabove sea level, which level is above the current water level of 524.50 feetabove sea level in the pool south of McFarlin Blvd. Because TRJ’s willingness to build the Dam is purely a civic gesture given that the Dam does not impact the Bridge or construction of the TRJ residence on Lot 5, Windsor Park Addition, the City assumes all responsibility and liability for the increased water level in the pool south of McFarlin Blvd, including the obligation to obtain any permits or consents from regulatory bodies or affected landowners. Notwithstanding the foregoing, if for any reason the Dam is initially constructed to achieve its current water level of 524.50feet above sea level in the pool south of McFarlin Blvd (including, without limitation, the City’s inability to obtain necessary approvals for increasing the water level), and the City subsequently requests that the Dam be reconstructed or altered to achieve a water level of 527 feet above sea level in such pool, any such reconstruction, alteration or retrofitting of the Dam shall be approved by TRJ and shall be at the City’s sole cost and expense. 5.Safety Matters, Indemnification, Insurance and Risk Transfer. a.Safety Matters. Each party hereto shall take all safety measures reasonably required to protect the other party and the property of each from injury or damage caused by or resulting from the performance of its respective obligations under this Agreement. b.Indemnificationby the City. With respect to work to be performed hereunder, the operation and maintenance of the Dam, and the water levels in Turtle Creek affected thereby, the City agrees to indemnify, defend and hold harmless TRJ and his employees, agents, servants and invitees (the “TRJ Parties”) from any and all loss, damage, liability, cost or expenses, including, but not limited to, reasonable attorneys’ fees, court costs and other sums which the TRJ Parties may pay or become obligated to pay on account of any, all and every demand or claim, or assertion of liability, or any claim or action founded thereon arising or alleged to have arisen out of any act, omission or breach of the City, or its agents, servants and employees, whether such claim or claims, action or actions be for damages, injury to person or property, including the property of the TRJ Parties, or death of any person, made by any person, group or organization. c.Insurance or Risk Transfer. During performance of all of its obligations under this Agreement, the City agrees that it shall, at its own expense (and shall cause any third party contractor to) maintain in force a policy or policies or a similar Liability Coverage Document written by one or more Agreement Regarding McFarlin Improvements TM 67950 D-2269541 responsible insurance carriers licensed to do business in the State of Texas, or by the Texas Municipal LeagueIntergovernmental Risk Pool(the “Pool”), which shall insure or protect the City against liability for bodily injury to and/or damage to property of any person or persons, with coveragelimits in an amount reasonably acceptable to TRJ. Moreover, the City will endorse its PoolLiability Coverage Document to include the Pool's Indemnification underContract Endorsement EL217,with specific reference to this Agreement.The City will also take all steps necessary to make sure that the Pooladds all necessary classifications to its General Liability schedule of exposures to make sure that the subject-matter of this Agreement is covered. d.Mechanics’ Lien Indemnification. The City shall indemnify,defend and hold harmless TRJ from and against all mechanics’, materialmen’s and laborers’ liens and all cost, loss, expenses and liabilities arising from performance of its obligations under this Agreement. 6.Williams Parkway Tract. The City shall grant toTRJ a license agreement (the “License”) in the form of Exhibit “D” attached hereto on the real property identified on Exhibit “C”attached hereto (the “Williams Parkway Tract”). Subject to approval by the Board of Adjustment of a Special Exception for placement of a fence and/or gate on the Williams Parkway Tract under the provisions of Section 28-106 (a) of the University Park Zoning Ordinance,TRJ intends to install a fence and gate on the Williams Parkway Tract,which fence and gate shall not be closerthan twenty feet (20’) from McFarlin Blvd. In the future, in consideration of the covenants by TRJ contained herein, should the City become able to convey title to the Williams Parkway Tract without any conditions or encumbrances created prior to the date hereof, the City agrees to convey the Williams Parkway Tract to TRJ. Upon any such conveyance, the portion of the Premises commonly referred to as Lot 5, Windsor Park Addition, shall, at TRJ’s cost and expense, be re-platted to include the Williams Parkway Tract. 7.Miscellaneous Provisions. a.Amendment. This Agreement may not be modified or amended, except by an agreement in writing signed by the parties hereto. b.Entire Agreement. This Agreement constitutes the entire agreement among the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings of the parties in connection therewith. c.Multiple Counterparts. This Agreement may be executed simultaneously in two or more faxed counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. d.Construction. The parties acknowledge that they have had the opportunity to be represented by counsel in connection with this transaction and thatthis Agreement shall be interpreted according to its fair construction and shall not be construed against either party. e.Binding Agreement; Assignment. This Agreement shall be binding upon and inure to the benefit of the heirs, successors, affiliates, administrators, executors, and permitted assigns of the respective parties. This Agreement may not be assigned by TRJwithout the prior written consent of the City, not to be unreasonably withheld; provided, however, no such consent shall be required in connection with a transfer of the Premises by TRJ to a subsequent owner. Agreement Regarding McFarlin Improvements TM 67950 D-2269541 f.Limitation on Liability. It is acknowledged and agreed by the parties that the terms hereof are not intended to and shall not be deemed to create a partnership or joint venture among the parties. It is understood and agreed between the parties that TRJand the City, in satisfying their respectiveresponsibilities underthis Agreement, have acted independently, and subject to the indemnities contained herein, neither party assumes the responsibilities or liabilitiesof the other partyto third parties in connection with suchactions. TRJ agreesto indemnify and hold harmless the City from all claims, suits, and causes of actions, liabilities and expenses, including reasonable attorney’s fees, of any nature whatsoever arising out of TRJ’s performance of the conditions in Section 1of this Agreement. g.Authorization. Each party represents that it has full capacity and authority to grant all rights and assume all obligations that is granted and assumed under this Agreement. h.Notice. Any notice required or permitted to be delivered hereunder shall be deemed received three (3) days thereafter sent by United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the party at the address set forth below or on the day actually received as sent by courier or otherwise hand delivered. If intended for City, to: City of University Park Attn: City Manager 3800 University Blvd. University Park, Texas 75205 With a copy to: Robert L. Dillard III Nichols, Jackson, Dillard, Hager & Smith, L.L.P. 1800 Ross Tower 500 North Akard Dallas, Texas 75201 If intended for TRJ: Dennis Coe 5956 Sherry Lane, Suite 1500 Dallas, Texas 75225 With a copy to: David Hundley 5956 Sherry Lane, Suite 1500 Dallas, Texas 75225 i.Governing Law. This Agreement shall be governed by the laws of the State of Texas; and exclusive venue for any action concerning this Agreement shall be in the State District Court of Dallas County, Texas. The parties agree to submit to the personal and subject matter jurisdiction of said Court. j.Severability. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect other provisions, and it is the intention of the parties to this Agreement that in lieu of each provision that is found to be illegal, invalid, or unenforceable, a provision be added to this Agreement which is legal, valid and enforceable and is as similar in terms as possible to the provision found to be illegal, invalid or unenforceable. k.Exhibits. Any exhibits to this Agreement are incorporated herein by reference for the purposes wherever reference is made to the same. l.Survivalof Covenants. Any of the representations, warranties, covenants, and obligations of the parties, as well as any rights and benefits of the parties, pertaining to a period of time Agreement Regarding McFarlin Improvements TM 67950 D-2269541 following the termination of this Agreement shall survive termination. IN WITNESS WHEREOF,the parties have executed this Agreement as of the date first above written. TREVOR DAVID REES-JONES TRUSTEE OF THE JAN AND TREVOR REES-JONES REVOCABLE TRUST CREATED PURSUANT TO TRUST AGREEMENT DATED AUGUST 27, 2008 THE CITY OF UNIVERSITY PARK,TEXAS By: Name: Its: Agreement Regarding McFarlin Improvements Exhibit A TM67950 D-2269541 EXHIBIT A The Premises Agreement Regarding McFarlin Improvements Exhibit B TM67950 D-2269541 EXHIBIT B Agreement Regarding McFarlin Improvements Exhibit C TM67950 D-2269541 EXHIBIT C 2 EXHIBIT D License Agreement LICENSE AGREEMENT CITY OF UNIVERSITY PARK ****************************************************************************** This License Agreement (the “Agreement”), effective as provided herein (the “Effective Date”), is between the City of University Park, Texas, a home rule municipal corporation of the State of Texas (the “City”), and Trevor David Rees-Jones, Trustee of the Jan and Trevor Rees-Jones Revocable Trust created pursuant to Trust Agreement dated August 27, 2008 (the “Licensee”). RECITALS WHEREAS, the Licensee desires to place, install, and maintain certain improvements (the “Improvements”) in, under, or upon a City right-of-way, easement or property (the “Property”) to benefit the Licensee’spremises at3801 McFarlin Blvd, University Park, Dallas County, Texas (the “Premises”); and WHEREAS, such Improvements are more specifically shown on Exhibit “A”attached hereto; and WHEREAS, the City desires to grant Licenseea license and privilege to place, install, remove and maintain the Improvements on the Property subject to and upon the terms set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement, the City and Licenseeagree as follows: I. GRANT OF LICENSE 1.1 License to Maintain Certain Articles on Property. The City hereby licenses and authorizes the Licenseeat all times during the term of this Agreement the exclusive right to place, install, remove, and maintain the Improvements on the Property according to specifications reasonably acceptable to Licensee, including, without limitation, those identified onExhibit “A”attached, subject to the terms and conditionscontained in this Agreement; provided, however, Licensee shall not be obligated to install any such Improvements. 1.2 Exclusive Use. The Licensee, itsheirs, executors, successors and assigns, may place, install, and maintain on the Property the Improvements to be used exclusively for the benefit of the Premises. II. CONDITIONS PRECEDENT AND EFFECTIVE DATE 2.1 Prior Plan.With this Agreement, the Licenseehereby submitsto the Community Development Manager and the Director of Public Works of the City plans for the placement, arrangement, and installation of the Improvements. 2.2 Review by City. The Director of Public Works or his representative shall review the plans and make modifications to the plans that he, in his sole discretion, considers reasonably necessary or appropriate for the preservation of the public health, safety, and welfare of the City. 2.3 Approval and Effective Date. This Agreement and the rights and obligations hereunder shall become effective when the Director of Public Worksor his representative has approved the plans. The Licenseeagreesto place, arrange, or install the Improvements on the Property according to the approved plans. The Licenseeshall not 3 place, arrange, or install any articles on the Property before the plans have been approved. The City retains the right to remove any article or all articles placed in, under, or onto the Property at any time upon at least five (5) days prior written notice to Licenseeand retains the right to modify or amend the plans atany time after the Effective Date of this Agreement (but prior to the installation of the Improvements), upon reasonable notice to the Licensee, such notice informing the Licenseeof the purpose and reasonableness of the modification(s) or amendment(s). III. INDEMNIFICATION AND INSURANCE 3.1 Liabilities, Losses, or Damages.Licenseeagreesto defend, hold and save harmless the City, its officers, agents and employees from any liability, claims, costs, expenses or damages incurred by the Citythat result from claims by third parties, including expenses of litigation and attorneys’fees, as a result or arising out of the use, maintenance, placement, installation, operation, or removal of the Improvements by Licensee, itscontractors, agents or employees(“Third Party Claims”), and Licenseecovenantsand agreesto pay to or indemnify the City for payment of the full amount of any such Third Party Claims. City agrees that it will give Licenseenotice in writing of any Third Party Claimwithin five (5) business days after it receives such claim. Licenseeagreesthat itwill assume the obligation to defend, adjust through insurance, and, if necessary, pay such Third Party Claimto the City or the third party incurring the same. 3.2 Period Covered.The indemnity provided by this Agreement will extend from the date of this Agreement to the termination of this Agreement. 3.3 Expenses, Attorneys’Fees, and Costs.If the City, in the enforcement of Paragraph 2.3 of this Agreement, shall incur necessary expenses,or become obligated to pay attorneys’fees or court costs, the Licenseeagreesto reimburse the City promptly for such expenses, attorneys’fees, or costs after receiving notice from the City of the incurring of such expenses, costs, or obligations. 3.4 Notice of Claim Against.The City agrees to give the Licenseeprompt written notice of any claim made against the City on the obligations assumed by the Licenseehereunder. 3.5 Limitation on Liability.The City and the Licenseeagree that the provisions of Article III of this Agreement shall not in any way limit the liability of the Licensee. 3.7 Insurance. A.Licenseeagreesto cause and require any contractor constructing and installing the Improvements to carry and maintain Commercial General Liability Insurance in amounts not less than those established as maximum recovery limits recoverable against the City under the Texas Civil Practice and Remedies Code, as amended; and B.Licenseeagreesto carry and maintain, during the entire term of this Agreement, Personal Liability or Homeowner’s insurance in amounts not less than those required under A. above. Such policies of insurance shall be issued by companies authorized to conduct business in the State of Texas and shall name the City as additional insured. Certificates evidencing such insurance contracts and certified copies of such insurance contracts shall be deposited with the Risk Manager for the City. The policy limits provided in the Agreement shall change in accordance with the provisions for maximum liability under the Texas Civil Practice and Remedies Code. Such certificates shall require thirty days’written notice to the City in the event of default by Licenseeor termination of any coverage. [NTD: SUBJECT TO REVIEW BY LICENSEE’S INSURANCE PROVIDER; CITY TO PROVIDE MAXIMUM RECOVERY LIMITS] IV. ASSIGNMENT 4 4.1 Nonassignable.This License is personal to the owner of the Premises and is non-assignable, except when the Premises is conveyed by Licensee, in which case, this License may be assigned by Licenseeto a subsequent owner, provided such assignment is in writing, specifically requires the assignee to agree to and abide by the terms of this Agreement, is signed by the assignee, and recorded in the real property records of Dallas County, Texas. Any other attempt to assign this License will terminate the License granted to Licenseeunder this Agreement. V. TERMINATION 5.1 Terminable at Will.This Agreement is terminable by either party at will by the giving of ninety (90) days’written notice to the other party. VI. GENERAL PROVISIONS 6.1 Governing Law.The validity of this Agreement, the construction and enforcement of its terms, and the interpretation of the rights and duties of the partiesshall be governed by the laws of the State of Texas. Exclusive venue of any action hereon shall lie in Dallas County, Texas 6.2 Amendment.No amendment, supplement, or waiver of this Agreement or any of its provisions shall be binding upon the parties hereto unless made in writing and duly signed by all parties. 6.3 Waiver.A failure or delay of the City to enforce at any time any of the provisions of this Agreement, or to exercise any option that is provided in this Agreement, or to require at any time performance of any of the provisions of this Agreement, shall in no way be construed to be a waiver of such provision of this Agreement. 6.4 Entirety of Agreement.This Agreement constitutes the entire Agreement between the City and the Licenseeand supersedes all previous agreements, promises, representations, whether written or oral, between the City and the Licenseewith respect to the subject matter of this Agreement. 6.5 Heading.The article and section headings in this Agreement are for convenience only and do not constitute part of this Agreement. 6.6 Sole Benefit.Nothing expressed or referred to in this Agreement is intended or shall be construed to give any person, firm, or entity, other than the City or the Licensee, any legal or equitable right, remedy, or claim under or in respect to this Agreement or any provisions in this Agreement. It is the intention of the City and the Licenseethat this Agreement, the assumption of obligations and statements of responsibilities herein, and all conditions and provisions of this Agreement are for the sole benefit of the City and the Licensee, and for the benefit of no other person, firm, or entity. 6.7 Notice.Any notices or other communications required or permitted to be given under this Agreement, unless otherwise specifically provided, shall be deemed given, if sent by first-class mail, postage prepaid, to such party at its address set forth below and shall be effective as of the date of actual delivery of the notice. Either party may change its notice address by a written notice as provided herein. 5 If to the City: City Manager City of University Park Dallas, Texas75225Box 8005 University Park, Texas75205-0005 If to Licensee: Dennis Coe 5956 Sherry Lane, Suite 1500 Dallas, Texas 75225 With a copy to: David Hundley5956 Sherry Lane, Suite 1500 Dallas, Texas 75225 6.8 Recording. The Licenseemust record this License in the Real Property Records of Dallas County, Texas, and provide written documentation that such recording has been completed. [Signature Pages Immediately Follow] Agreement Regarding McFarlin Improvements Exhibit D TM67950 D-2269541 IN WITNESS WHEREOF, the City and the Licensee, acting in person or through their respective duly authorized representative have caused this Agreement to be signed in their names and delivered as of the date first above written. This Agreement shall be effective on the last date signed below. CITY OF UNIVERSITY PARK 3800 University Blvd. University Park, TX 75205 By: ___________________________________ Robbie Corder City Manager Date: ________________________ LICENSEE: By: Trevor David Rees-Jones Trustee of the Jan and Trevor Rees-Jones Revocable Trust created pursuant to Trust Agreement dated August 27, 2008 Date:________________________ Agreement Regarding McFarlin Improvements Exhibit D TM67950 D-2269541 ACKNOWLEDGMENTS STATE OF TEXAS ) ) COUNTY OF DALLAS) BEFORE ME, the undersigned authority, on this day personally appeared Trevor David Rees-Jones and Janice Marie Rees-Jones, Trustees of the Jan and Trevor Rees-Jones Revocable Trust created pursuant to Trust Agreement dated August 27, 2008, known to me to be the person/persons whose name is subscribed to the foregoing instrument as GRANTOR, and acknowledged to methat the he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the _____ day of _________________, 2014. Notary Public, State of Texas STATE OF TEXAS ) )CITY OFUNIVERSITY PARK, TEXAS COUNTY OF DALLAS) This instrument was acknowledged before me on the _____ day of __________ 2014, by Robbie Corder, City Manager of the CITY OF UNIVERSITY PARK, TEXAS, a home-rule municipal corporation, on behalf of such corporation. Notary Public, State of Texas Agreement Regarding McFarlin Improvements Exhibit D TM67950 D-2269541 Exhibit A IMPROVEMENTS 1.Gate operated by remote control 2.Privacy wall consistent with the wall surrounding other portions of the Premises 3.Driveway resurfacing 4.Landscaping 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@FC059BA7\@BCL@FC059BA7.docx 4:06 PM 10/17/14 AGENDA MEMO 10/21/2014Agenda TO:Honorable Mayor and City Council FROM:Robbie Corder, City Manager SUBJECT:Consider & Act: Agreement between the City of University Park and the Estate of Adele N. Seybold(3805 McFarlin) BACKGROUND: The City of University Park has various locations throughout the community subject to flash flooding during significant rain events. The most dangerous location is on the 3800 blockof McFarlin near Turtle Creek, just south of Williams Park. During a 100-year storm event, flood waters from Turtle Creek can crest five-feet (5’) over McFarlin Boulevard between Williams Parkway and Park Street. For several years, the City has studied various options that would lower the floodplain in this location; however, the magnitude of various improvements needed to McFarlin Boulevard, Williams Park and water impounding dams downstream have made the project cost prohibitive in the past. In connection with property redevelopment south of McFarlin, the City has been in negotiationswith property owners immediately south of McFarlin Boulevard to address this critical flooding problem. The proposed agreement between the City of University Park and the Estate of Adele N. Seybold representsa public/private partnership that would allow the City to proceed with necessary infrastructure improvements to correct the flooding in this area. The proposed improvements to address flooding in this areawill result in the raising of the pool elevation south of McFarlin by two and a half feet (2.5’). Raising the pool elevationby this amount will cause the bank of the creek to further encroach onto the property of the Estate of Adele N. Seybold. Additional retaining walls are necessary to prevent encroachment of the creek. Under the proposed terms of the agreement the Estate of Adele N. Seybold agrees to pay for seventy-five percent (75%) of the construction costs associated with the retaining walls on the property located at 3805 McFarlin, up to a maximum of $75,000. The remaining balance of the construction costs will be funded by the City of University Park. The City is responsible for design and construction administration of the walls. RECOMMENDATION: Staff recommends approval of the proposed agreement between the City of University Park and the Estate of Adele N. Seybold. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@FC059BA7\@BCL@FC059BA7.docx 4:06 PM 10/17/14 Agreement Regarding Improvements 67888 AGREEMENT REGARDING IMPROVEMENTS THIS AGREEMENT REGARDING IMPROVEMENTS(“Agreement”)is made and entered into as of the ___ day of _____________ 2014(the “Effective Date”), by and between the Estate of Adele N. Seybold, by John P. Locke, Executor(“Owner”)and theCityofUniversityPark, a municipal corporation (the “City”). RECITALS: WHEREAS,Ownerowns certain real property located in the City of University Park, Dallas County, Texas, described asJenkins Subdivision of Tract 3, Lots 1, 2, and 60’ of Lot 3, containing .47 acres, more or less, and commonly known as 3805 McFarlin Boulevard, University Park, Dallas County, Texas(the “Premises”); WHEREAS, Ownerand the City desire to jointly construct certain improvements, consisting of a concrete retaining wall at the edge of the waters of Turtle Creek abuttingthe Premises,betweenthe City right-of-way of McFarlin Boulevardand the property abutting the Premises on the south,a distance of approximately 178 feet across where the retaining wall is currently shown on a plat furnished City by Owner, to an elevation of 528’ Mean Sea Level(“MSL”) (the “Improvements”);and WHEREAS, the Improvements will protect the Premises and other private and public property from erosion by the waters of Turtle Creekand provide a means to request removal ofthe Premises from the 100 year flood plain as currently shown on the Flood Insurance Rate Map adopted by FEMA; NOW, THEREFORE,in consideration of the mutual agreement herein contained, Ownerand the City covenant and agree as follows: AGREEMENT: 1.Design and Construction of Improvements; Easements; Payment of the Costs. The City shalldesign and construct the Improvementsin accordance with any applicable City construction standards. The Ownerwill grant the City a temporary construction easementon the Premises as necessary to construct any part of the Improvements. Upon completion and acceptance of the Improvements by the City, the temporary construction easementwill terminateand the City will petition FEMA (and bear the associated expense) to request removal ofthe Premises from the flood plain insofar as is possible.After the construction bids have been submitted and approved by the City Council, but prior to execution by the City of acontract for theconstruction of the Improvements,Owneragreesto deposit the sum of $75,000.00 into an escrow account established by the City in a federally insured bank agreeable to Ownerfor the purpose of paying the agreed upon costs of the construction of the Improvements(the “costs”). The Owneragreesto pay up to 75% of the costs, not to exceed the sum of $75,000.00. Use of the escrow account will be limited to payment of the costsof construction. The City agrees to pay the costs attributable to the engineering and design and the balance of the costsof constructionover $75,000.00, without limitation. The escrow account will be in the name of the Cityand designated for use only for payment of the costs of the Improvementswith respect to the stated 178 feet as described above, with the City Manager as sole signatory on the account. A drawon the account will be made by the City Manager only upon receipt by the City of an invoice or draw request from a contractor engaged in construction (not the design or engineering) of the Improvements and a copy of the invoice or request and the check in payment thereof will be furnished Ownerby mail.Any dispute of the amounts paid will be subject to arbitration. Owner may request a status audit of the escrow account at any time after deposit through completion of construction. Such request for an accounting shall be Agreement Regarding Improvements 67888 responded to within five (5) days of the request. The city agrees to provide a timeline for the project and to inform the Owner of any changes that occur in this timeline. Should the costs not exceed $100,000.00; a refund of the balance of the $75,000.00 will be made to Ownerby the City. 2.Turtle Creek Water Level.When the City completes construction of the Improvements, the static water level of TurtleCreek will be raised from 524.5’MSL to 527’MSL. The City assumes all responsibility and liability for the increased water level in the pool south of McFarlin Blvd, including the obligation to obtain any permits or consents from regulatory bodies or affected landowners. Owner will provide City an easement for placement of City equipment used for de-silting the Turtle Creek pool located south of McFarlin Blvd on the Premises; provided, however, such easement shall be exclusively within the creek bed of Turtle Creek located on the Premises(for the avoidance of doubt, the City shall not be permitted to access or place any equipment on the Premises that is outside of such creek bed). The City shall bear the cost of all future de-silting operations once the Dam has been completed and become operational. No silt removed from the creek bed shall be placed on the Premises or other land owned or acquired in the future by Owner. 3.Safety Matters, Indemnification, Insurance and Risk Transfer. a.Safety Matters. Each party hereto shall take all safety measures reasonably required to protect the other party and the property of each from injury or damage caused by or resulting from the performance of this Agreement. b.Indemnification. With respect to work to be performed hereunder, the City agrees to indemnify, defend and hold harmlessOwnerand itsemployees, agents,servants and invitees (the “OwnerParties”) from any and all loss, damage, liability, cost or expenses, including, but not limited to, reasonable attorneys’ fees, court costs and other sums which the OwnerParties may pay or become obligated to pay on account of any, all and every demand or claim, or assertion of liability, or any claim or action founded thereon arising or alleged to have arisen out of any act, omission or breach of the City, or its agents,servants and employees, whether such claim or claims, action or actions be for damages, injury to person or property, including the property of the OwnerParties, or death of any person, made by any person, group or organization. c.Insurance or Risk Transfer. During performance of all of its obligations under this Agreement, the City agrees that it shall, at its own expense (and shall cause any third party contractor to) maintain in force a policy or policies ora similar Liability Coverage Document written by one or more responsible insurance carriers licensed to do business in the State of Texas, or by the Texas Municipal League Intergovernmental Risk Pool(the “Pool”), which shall insure or protect the City against liability for bodily injury to and/or damage to property of any person or persons. Moreover, the City will endorse its PoolLiability Coverage Document to include the Pool's Indemnification Under Contract Endorsement EL217,with specific reference to this Agreement.The City will also take all steps necessary to make sure that the Pooladds all necessary classifications to its General Liability schedule of exposures so that the subject-matter of this Agreement is covered. 4.Miscellaneous Provisions. a.Amendment. This Agreement may not be modified or amended, except by an agreement in writing signed by the parties hereto. Agreement Regarding Improvements 67888 b.Entire Agreement. This Agreement constitutes the entire agreement among the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings of the parties in connection therewith. c.Multiple Counterparts. This Agreement may be executed simultaneously in two or more faxed counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. d.Construction. The parties acknowledge that they have had the opportunity to be represented by counsel in connection with this transaction and that this Agreement shall be interpreted according to its fair construction and shall not be construed against either party. e.Binding Agreement; Assignment. This Agreement shall be binding upon and inure to the benefit of the heirs, successors, affiliates, administrators, executors, and permitted assigns of therespective parties. This Agreement may not be assigned by Owner, except to the subsequent owners of the Premises, without the prior written consent of the City. f.Limitation on Liability.It is acknowledged and agreed by the parties thatthe terms hereof are not intended to and shall not be deemed to create a partnership or joint venture among the parties. It is understood and agreed between the parties that Owner, in satisfying the conditions of this Agreement, hasacted independently, and the City assumes no responsibilities or liabilities to third parties in connection with these actions. Owneragreesto indemnify and hold harmless the City from all such claims, suits, and causes of actions, liabilities and expenses, including reasonable attorney’s fees, of any nature whatsoever arising out of Owner’s performance of the conditions of this Agreement. g. Authorization. Each party represents that it has full capacity and authority to grant all rights and assume all obligations that aregranted and assumed under this Agreement. h. Notice. Any notice required or permitted to be delivered hereunder shall be deemed received three (3) days thereafter sent by United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the party at the address set forth below or on the day actually received as sent by courier or otherwise hand delivered. If intended for City, to: City of University Park Attn: City Manager3800 University Blvd. University Park, Texas75205 With a copy to: Robert L. Dillard III Nichols, Jackson, Dillard,Hager & Smith, L.L.P. 1800 Ross Tower 500 North Akard Dallas, Texas 75201 Agreement Regarding Improvements 67888 If intended for Owner: Estate of Adele N. Seybold John P. Locke, Executor 3701 Southwestern Blvd. University Park, Texas 75225-7222 i.Governing Law. This Agreement shall be governed by the laws of the State of Texas;and exclusive venue for any action concerning this Agreement shall be in the State District Court of Dallas County, Texas. The parties agree to submit to the personal and subject matter jurisdiction of said Court. j. Severability. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect other provisions, and it is the intention of the parties to this Agreement that in lieu of each provision that is found to be illegal, invalid, or unenforceable, a provision be added to this Agreement which is legal, valid and enforceable and is as similar in terms as possible to the provision found to be illegal, invalid or unenforceable. k. Survivalof Covenants.Any of the representations, warranties, covenants, and obligationsof the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the termination of this Agreement shall survive termination. IN WITNESS WHEREOF,the parties have executed this Agreement as of the date first above written. OWNER, ESTATE OF ADELE N. LOCKE By: John P. Locke, Executor THE CITY OF UNIVERSITY PARK,TEXAS By: Name: Its: 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@A8054505\@BCL@A8054505.docx 2:49 PM 10/13/14 AGENDA MEMO 10/21/2014Agenda TO: Honorable Mayor and City Council FROM: Gene R. Smallwood. P.E. SUBJECT:Letter of Authorization with the North Central Texas Council of Governments concerning the Regional Storm Water Management Program BACKGROUND: In December 2013, the Council authorized the City’s participation in a five (5) year InterlocalAgreement 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 2015cost-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 FY2015Work Program and to authorize the City Manager to execute the letter. AGENDA MEMO TO:Honorable Mayor and City Council FROM:Luanne Hanford Director of Human Resources RE:Renewal of Property, Liability & Worker’s Compensation Coverage DATE:October 15, 2014 For those of you who are new to the City Council and as a reminder for everyone else, the City has property, liability, and worker’s compensation coverage with the Texas Municipal League Intergovernmental Risk Pool (TML-IRP) via an inter-local agreement. The City has had coverage with TML-IRP since 2005. Until 2012, the deductibles were $100,000 for most coverages. In 2012, the City dropped the deductibles to take advantage of the softer insurance market. On August 13, 2014, the Property, Casualty, and Liability Insurance Committee reviewed the renewal submitted by TML-IRP and voted unanimously to recommend approval of the renewal in the amount of $220,769.52. Funds have been budgeted in the Self-Insurance Fund. Attached are the committee minutes and aspreadsheet that illustrates the City’s premiums, deductibles, and limits of liability for the past several years. MINUTES Property, Casualty & Liability Insurance Committee August 13, 2014 A meeting of the Property, Casualty & Liability Insurance Committee met at 7:30 am on August 13, 2014. Members attending the meeting were Chairman Frank Swingle, Bruce Klingman, Scott Ragland, Howard McClure, John Palter, and Ron Ward. Also attending the meeting were Human Resources Director Luanne Hanford, City Manager Robbie Corder, and City Councilmember Bob Begert. Chairman Swingle called the meeting to order at 7:30 am. He introduced Howard McClure, the new committee member. The rest of the attendees also introduced themselves. The first item on the agenda was a review and discussion of the proposed budget for the self-insurance fund for liability, property, andWorker’s Compensation. Included in the FY 2015 budget is $201,200 for liability and property premiums plus $216,535 for Worker’s Compensation premiums and all claims for a total of $417,735. Mr. Swingle distributed a spreadsheet he had prepared listing past claims and premiums. According to his calculations, the City was under-funding for claims. Ms. Hanford told the committee that she had discussed this with the finance director and city manager during the budget preparation process and they preferrednot to increase the funding for claims this year and to draw down on the Self-Insurance Fund balance for any claims that run over the budgeted amount. Discussion followed regarding the fund balance of the fund. Mr. Swingle told the committee that he didn’t have a problem with that as long as everyone understood that was the case. The next item on the agenda was the renewal of the insurance program from Texas Municipal League Inter-Governmental Risk Pool. The committee reviewed the spreadsheet provided by Ms. Hanford that illustrated the deductible amounts, the limits of liability, and a history of premiums dating back to FY2010. The net increase for the renewal is 5%, most of it occurring in the auto lines. The committee discussed the renewal. After discussion of the proposed budget and renewal figures, the committee agreed to recommend both the budget and the renewal for adoption by the City Council. Councilmember Begert told the committee members he appreciated what they did and thanked them for their service on the committee. There being no further business, the meeting was adjourned. ______________________________________________________________ Frank Swingle, Chairman Luanne Hanford, HR Director LIABILITY, PROPERTY & WORK COMP Coverage Per Occ.Limits of Limits of 2009-10 2010-11 2011-12 2012-13 2012-13 2012-13 2012-13 2013-14 2014-15 Renewal Deductible Liability Liability Agg Contribution Contribution Contribution Per Occ.Limits of Limits of Contribution Contribution Renewal Difference (Per Occ)Deductible Liability Liability Agg (Per Occ) Gen. Liability 100,000$ 5,000,000$ 10,000,000$ 16,119$ 14,407$ 11,023$ 25,000$ 5,000,000$ 10,000,000$14,992$ 14,797$ 14,931$ 134$ Sudden Events Involving Pollution 2,000,000$ 2,000,000$ Law Enforcement 100,000$ 5,000,000$ 10,000,000$ 15,552$ 15,515$ 13,882$ 25,000$ 5,000,000$ 10,000,000$17,431$ 18,049$ 17,102$ (947)$ Errors & Omissons 100,000$ 10,000,000$10,000,000$ 32,916$ 30,542$ 27,908$ 50,000$ 10,000,000$10,000,000$33,427$ 35,318$ 36,062$ 744$ Auto Liability 100,000$ 5,000,000$ 35,251$ 33,557$ 29,876$ 100,000$ 5,000,000$ 27,040$ 29,311$ 33,040$ 3,729$ Auto Phys Damage 10,000$ per schedule 20,442$ 19,935$ 23,116$ 5,000$ per schedule 29,266$ 30,431$ 32,964$ 2,533$ Auto Catastrophe 4,950$ 4,950$ 5,940$ 10,000$ 6,270$ 6,270$ 6,930$ 660$ RCV for Fire Power Units 10,000$ incl incl incl Real & Pers. Property 25,000$ per schedule 37,981$ 36,276$ 36,333$ 25,000$ per schedule 39,860$ 43,993$ 45,639$ 1,646$ Mobile Equipment 500$ per schedule 4,064$ 3,631$ 3,631$ 500$ per schedule 3,558$ 4,165$ 4,362$ 197$ Employee Dishonesty 25,000$ 4,000,000$ 3,448$ 3,103$ 3,145$ 25,000$ 4,000,000$ 3,833$ 3,833$ 2,855$ (978)$ Forgery 500$ 50,000$ 197$ 177$ 177$ 500$ 50,000$ incl incl Theft -$ 50,000$ 150$ 135$ 135$ -$ 50,000$ incl incl Computer Fraud 500$ 2,000,000$ 418$ 376$ 376$ 500$ 2,000,000$ incl incl Work Comp 100,000$ statutory 48,913$ 40,292$ 29,331$ 100,000$ statutory 27,261$ 26,878$ 30,789$ 3,911$ Total Contributions (Prem.)220,401$ 202,896$ 184,873$ 202,938$ 213,045$ 224,674$ 11,629$ Equity Returns (17,088)$ (24,300)$ (16,789)$ (17,074)$ (3,653)$ (5,499)$ (1,846)$ Pre-pay discount (6,530)$ (6,087)$ (5,043)$ (4,030)$ (4,261)$ (4,493)$ (232)$ Net Premium Cost 196,783$ 172,509$ 163,041$ 181,834$ 205,131$ 214,682$ 9,551$ Claims (Actual/YTD)138,310$ 132,716$ 372,061$ 421,715$ 181,932$ Total Premiums & Claims 335,093$ 305,225$ 535,102$ 603,549$ 387,063$ Budgeted for premiums 364,615$ 372,150$ 350,791$ 321,482$ 366,276$ 417,735$ 51,459$ & claims Budgeted vs. Actual 29,522$ 66,925$ (184,311)$ (282,067)$ (20,787)$ City Council City of University Park Meeting Agenda City Hall 3800 University Blvd. University Park, TX 75205 Council Chamber5:00 PMTuesday, October 21, 2014 EXECUTIVE SESSION 3:30 - 4:00 P.M. Pursuant to TGC§ 551.072, the City Council will meet in closed session to discuss real estate matters. No action will be taken. Executive Conference Room, 1st Floor, City Hall. PRE-MEETING WORK SESSION(S) 4:00 - 5:00 P.M. The City 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 Taylor Armstrong B.PLEDGE OF ALLEGIANCE: Councilmember Taylor Armstrong / Boy Scouts C.INTRODUCTION OF COUNCIL: Mayor Olin Lane, Jr. D.INTRODUCTION OF STAFF: City Manager Robbie Corder II.AWARDS AND RECOGNITION Proclamation – Arbor Day 2001414-225 Staff Report Arbor Day 2014 Attachments: Proclamation - 75th Anniversary of University Park United Methodist Church 14-224 10-21-14 UPUMC ProclamationAttachments: Page 1 City of University Park Printed on 10/17/2014 October 21, 2014City Council Meeting Agenda III.CONSENT AGENDA Consider award of Bid #2014-07 for Stone, Concrete Sand, Pea Gravel, and Sandy Loam 14-199 Staff Report Bid Tabulation - 2014-07 Attachments: Consider and act on a resolution approving an interlocal agreement with Dallas County for participation in the Household Hazardous Waste Program 14-206 Staff Report FY15 Budget Shares Final ILA FY15 - University Park 264approve HHW ILA with Dallas County61979 Attachments: Consider approval of a request from Southern Methodist University (SMU) to use Bush Avenue from Mockingbird Lane to SMU Boulevard as a staging area for their Homecoming Parade Floats 14-210 Staff Report SMU Homecoming Ltr 2014 SMU Homecoming Parade (2014) Revised Route SMU Public Assembly Permit App 2014 Attachments: Consider award of a contract for annual sidewalk replacement14-212 Staff Report Bid Tab 10 02 2014 Attachments: Consider approval of a resolution renewing the City's investment policy14-216 Staff Report Resolution Renewing Invest Policy 10212014 Investment Policy 10212014 Attachments: Consider approval of an ordinance amending the FY2014 budget and providing for transfers of funds 14-217 Staff Report Ordinance amending FY2014 budget 10.21.2014 Attachments: Page 2 City of University Park Printed on 10/17/2014 October 21, 2014City Council Meeting Agenda Consider approval of an ordinance amending the FY2015 budget to carryover FY2014 encumbrances 14-218 Staff Report Encumbrances Summary FY2015 Ordinance amending FY2015 budget 10.21.2014 Encumbrances FY2015 Attachments: Consider approval of the minutes of the September 24, 2014 Community Meeting - HPISD/City Natatorium Proposal and minutes of the October 7, 2014 City Council Meeting with or without corrections 14-219 Staff Report September 24, 2014 Community Meeting Minutes October 7, 2014 City Council Meeting Minutes Attachments: IV.MAIN AGENDA Consider approval of an agreement between the City of University Park and the Jan and Trevor Rees-Jones Revocable Trust for improvements to McFarlin Boulevard (3801 McFarlin) 14-220 Staff Report 264TRJ McFarlin Agreement67950 (3) FINAL 10.17.14 Attachments: Consider approval of an agreement between the City of University Park and the Estate of Adele N. Seybold (3805 McFarlin) 14-221 Staff Report 264Locke re McFarlin improvements67888 FINAL 10.17.14 Attachments: Consider approval of the City's FY15 participation in the North Central Texas Council of Government (NCTCOG) Regional Storm Water Management Program 14-209 Staff Report UP_RSWMP_LOA_FY15 FY15 - Appendix A - Deliverables FY15 - Appendix B - Budget FY15 Work Program Attachments: Consider approval of the renewal of property, liability and worker's compensation coverage with the Texas Municipal League Inter-Governmental Risk Pool in the amount of $220,769.52 14-211 Staff Report Property, Casualty & Liability Insurance Committee Minutes TML renewal 10.1.2014 Attachments: Page 3 City of University Park Printed on 10/17/2014 October 21, 2014City 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. Page 4 City of University Park Printed on 10/17/2014 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@5C059489\@BCL@5C059489.doc 11:10 AM 10/16/14 AGENDA MEMO (10/21/2014AGENDA) DATE: October15, 2014 TO: Honorable Mayor and Members of the City Council FROM: Gerry Bradley, Director of Parks SUBJECT: Proclamation –Arbor Day20014 BACKGROUND: Since 1982,the City of University Parkhas planted over 3700 trees within our communityas part of the very successful “Trees for Town” programas well as the planting of trees as part of our citywide re-forestation program. In an effort to continue to demonstrate our city’scommitment to the health, wellbeing and aesthetics of our community, staff is requesting City Council consider the approval of a proclamationestablishing Friday, November21, 2014as “Arbor Day”in the City of University Park.This will be the 10th year the City has observed this program and the 9th year as being recognized by the National Arbors Day Foundation as a “Tree City USA” community. RECOMMENDATION: Staff is requesting City Council approve the proclamation establishing Arbor Day in the City of University Park on Friday, November 21, 2014. Staff believes that this will be an excellent opportunity to remind residentsof the importance of planting trees during this time of year. ATTACHMENTS: Proclamation 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@0406D1F8\@BCL@0406D1F8.docx 10:15 AM 10/08/14 AGENDA MEMO 10/21/2014Agenda TO:Honorable Mayor and City Council FROM:Elizabeth Anderson, Purchasing Manager SUBJECT:Bid # 2014-07 for Stone, Concrete Sand, Pea Gravel, and Sandy Loam BACKGROUND: We received bids on September 26 for asphaltic materials to be supplied on an annual basis. Six vendors responded, and the low bidders are as follows: Crushed Stone provided by Martin Marietta at $25.00/ton, $80,000 annually Estimated usage is 3,200 tons/year Concrete Sand provided by DFW Aggregates at $25.85/ton, $82,720 annually Estimated usage is 3,200 tons/year Pea Gravel provided by ParnosaAcquisition Company at $20.85/ton, $29,190 annually Estimated usage is 1,400 tons/year Sandy Loam provided by DFW Materials at $19.00/ton, $19,000 annually Estimated usage is 1,000 tons/year Our Infrastructure Maintenance Supervisor has inspected all materials and confirmed that they will meet his needs. Deliveries will begin in November and all prices include freight. This annual contract includes a one-year renewal. RECOMMENDATION: Staff recommends awarding the contracts to the low bidder for each component. The total annual expenditure would be $210,910.00. BID 2014-07 STONE, CONCRETE SAND, PEA GRAVEL, SANDY LOAM - ANNUAL CONTRACT 9/29/2014 COMMODITY COMPANY UNIT PRICE ANNUAL USAGE (TONS)EXTENDED PRICE VENDOR COMMENTS CRUSHED STONE MARTIN MARIETTA 25.00$ 3200 80,000.00$ MATERIAL IS BID FROM THE DALLAS YARD. DELIVERY BID WITH END DUMP TRACTOR TRAILER. ATTACHED IS FORMAL QUOTE WITH STD. TERMS AND CONDITIONS. CRUSHED STONE CJA ENTERPRISES 27.20$ 3200 87,040.00$ CRUSHED STONE DFW MATERIALS 28.00$ 3200 89,600.00$ CRUSHED STONE DFW AGGREGATES 31.37$ 3200 100,384.00$ CRUSHED STONE PARNOSA ACQUISITION COMPANY 32.50$ 3200 104,000.00$ 1" #4 PER SPEC CRUSHED STONE THE LETCO GROUP / LIVING EARTH 35.50$ 3200 113,600.00$ #57 LIMESTONE COMMODITY COMPANY UNIT PRICE ANNUAL USAGE (TONS)EXTENDED PRICE VENDOR COMMENTS CONCRETE SAND DFW AGGREGATES 25.85$ 3200 82,720.00$ CONCRETE SAND PARNOSA ACQUISITION COMPANY 26.50$ 3200 84,800.00$ CONCRETE SAND PER SPEC CONCRETE SAND DFW MATERIALS 27.33$ 3200 87,456.00$ CONCRETE SAND CJA ENTERPRISES 28.60$ 3200 91,520.00$ CONCRETE SAND THE LETCO GROUP / LIVING EARTH 30.00$ 3200 96,000.00$ CONCRETE SAND MARTIN MARIETTA NO BID 3200 NO BID COMMODITY COMPANY UNIT PRICE ANNUAL USAGE (TONS)EXTENDED PRICE VENDOR COMMENTS PEA GRAVEL PARNOSA ACQUISITION COMPANY 20.85$ 1400 29,190.00$ 3/8" PEA GRAVEL PER SPEC PEA GRAVEL CJA ENTERPRISES 21.50$ 1400 30,100.00$ PEA GRAVEL DFW MATERIALS 21.83$ 1400 30,562.00$ PEA GRAVEL DFW AGGREGATES 25.85$ 1400 36,190.00$ PEA GRAVEL THE LETCO GROUP / LIVING EARTH 32.00$ 1400 44,800.00$ PEA GRAVEL MARTIN MARIETTA NO BID 1400 NO BID COMMODITY COMPANY UNIT PRICE ANNUAL USAGE (TONS)EXTENDED PRICE VENDOR COMMENTS SANDY LOAM DFW MATERIALS 19.00$ 1000 19,000.00$ SANDY LOAM THE LETCO GROUP / LIVING EARTH 21.60$ 1000 21,600.00$ LOAM/TON SANDY LOAM DFW AGGREGATES 21.85$ 1000 21,850.00$ SANDY LOAM CJA ENTERPRISES 24.25$ 1000 24,250.00$ SANDY LOAM PARNOSA ACQUISITION COMPANY 26.50$ 1000 26,500.00$ GRADE 1 SANDY LOAM PER SPEC SANDY LOAM MARTIN MARIETTA NO BID 1000 NO BID 10/8/2014 10:16 AM 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@C405FEB7\@BCL@C405FEB7.docx 12:55 PM 10/06/14 AGENDA MEMO 10/7/2014Agenda TO: Honorable Mayor and City Council FROM: Gene R. Smallwood, P.E.; Director of Public Works SUBJECT:Consider and act on a resolution approving an interlocal agreement with Dallas County for participation in the Household Hazardous Waste Program BACKGROUND: The Dallas County Household Hazardous Waste Disposal Program was initiated in 1994. Citizens of University Park have used the Home Chemical Collection Center (located at 11234 Plano Road in Dallas) to dispose of their paint, herbicides, pesticides, etc. University Park's annual contribution to the program is funded as a $25,000 expenditure from the Sanitation Division FY 2015 budget. RECOMMENDATION: Staff recommends City Council approval of the resolution authorizing the City Manager to execute an InterlocalAgreement with Dallas County to coordinate a countywide Household Hazardous Waste Disposal Program. 1 2 PERSONNEL EXPENSE 3 Salary, Pgm. Mgr.$ 66,981 $ 69,660 $ 69,660 4 Fringe, Pgm. Mgr.20,493$ 21,570$ 21,570$ 5 Salary, Pgm. Coordinator $ 50,652 $ 52,678 $ 52,678 6 Fringe, Pgm. Coordinator 17,581$ 18,543$ 18,543$ 7 Salary, HHW Admin. Asst.$ 36,858 39,069$ $ 39,069 8 Fringe, HHW Admin. Asst.15,122$ 16,116$ 16,116$ 9 Salary, Haz. Waste Specialist (A)$ 44,740 $ 44,699 $ 44,699 10 Fringe, Haz. Waste Specialist 16,527$ 17,120$ 17,120$ 11 Salary, Haz. Waste Specialist (B)$ 44,699 $ 44,699 $ 44,699 12 Fringe, Haz. Waste Specialist 16,520$ 17,120$ 17,120$ 13 Salary, Haz. Waste Technician / Proposed Specialist $ 32,864 $ 44,699 $ 44,699 14 Fringe, Haz. Waste Technician / Proposed Specialist 14,410$ 17,120$ 17,120$ 15 PERSONNEL BUDGET SUB-TOTAL 377,446$ 403,093$ 403,093$ 16 PROGRAM OPERATING EXPENSE 17 Advertising 16,000$ 28,000$ 28,000$ 18 Books & Supplements 175$ 175$ 175$ 19 Collection Supplies & Tools 26,500$ 28,000$ 28,000$ 20 Communications (Cell Phones, Pagers)0$ 0$ 500$ 21 Computer Expense (Hardware, Software, Etc.) 1,200$ 1,200$ 1,600$ 22 Dues/Subscriptions 500$ 500$ 600$ 23 Equipment Rental 900$ 900$ 900$ 24 Equipment Repair 3,000$ 3,000$ 3,000$ 25 Fuel 7,000$ 7,000$ 7,000$ 26 Laundry Service 3,000$ 3,000$ 2,500$ 27 Medical Surveillance 4,300$ 4,300$ 4,300$ 28 Mileage/Parking for Routine Business 1,500$ 1,500$ 1,500$ 29 Office Equipment Purchase/Rentals 1,800$ 1,800$ 1,800$ 30 Office furnishings 300$ 300$ 300$ 31 Office Supplies 1,400$ 1,500$ 1,500$ 32 Personal Safety Equipment/Devices 48,000$ 50,000$ 50,000$ 33 Postage/Freight/Courier 700$ 1,200$ 1,200$ 34 Printing/Signage 1,000$ 1,000$ 1,000$ 35 Public Education Materials 1,000$ 1,000$ 1,000$ 36 Staff Development/Training Fees & Supplies 3,400$ 3,400$ 3,400$ 37 Travel for Staff Development & Special Business 600$ 600$ 600$ 38 Uniforms 6,000$ 6,000$ 6,000$ 39 Utilities/Maintenance Expense for HC3 70,000$ 70,000$ 75,000$ 40 Vehicle Maintenance 4,500$ 4,500$ 4,500$ 41 Volunteer Support/Incentives 1,100$ 1,100$ 1,100$ 42 TOTAL OPERATING EXPENSE BUDGET 203,875$ 219,975$ 225,475$ 43 COMBINED PERSONNEL AND OPERATING EXPENSE 581,321$ 623,068$ 628,568$ 44 1OPERATIONS OFFSET FROM CARRYOVER 0$ (26,500)($ (30,000)($ 45 2 NET OPERATING & PERSONNEL COST TO CITIES 581,321$ 596,568$ 598,568$ 46 47 Building Maintenance 10,000$ 10,000$ 10,000$ 48 Equipment 10,000$ 10,000$ 10,000$ 49 TOTAL CAPITAL EXPENSE 20,000$ 20,000$ 20,000$ 50 2 NET OPERATING, PERSONNEL, AND CAPITAL COST TO CITIES 601,321$ 616,568$ 618,568$ 51 OPERATIONAL AND CAPITAL BUDGETS CAPITAL EXPENSE Line #Budget Item FY13 FY14 DALLAS COUNTY HOUSEHOLD HAZARDOUS WASTE PROGRAM FY15 HHW Budget Draft 2 FY15 52 53 3Collection/Mobilization/Disposal 619,500$ 650,000$ 685,000$ 54 Contractual Labor/Temp Labor 175,000$ 184,000$ 184,000$ 55 ESTIMATED TOTAL COLLECTION/DISPOSAL COST 794,500$ 834,000$ 869,000$ 56 1LABOR OFFSET FROM CARRYOVER (80,000)($ (80,000)($ (80,000)($ 57 2 NET COLLECTION/DISPOSAL COST TO CITIES 714,500$ 754,000$ 789,000$ 58 59 60 2 NET COST TO CITIES 1,315,821$ 1,370,568$ 1,407,568$ 61 1TOTAL OFFSET FROM CARRYOVER $ 80,000 $ 106,500 $ 110,000 62 TOTAL PROGRAM BUDGET 1,395,821$ 1,477,068$ 1,517,568$ 1 2 1Special capital purchases and projects 45,000$ 65,000$ 21,000$ 3 2Emergency capital reserve $ 50,000 $ 50,000 $ 50,000 4 ADDITIONAL CARRYOVER USAGE 95,000$ 115,000$ 71,000$ COLLECTION/DISPOSAL BUDGET OVERALL PROGRAM BUDGET (Operational, Collection/Disposal, Capital) File: FY15 Budget & Shares Final NOTES: 3 COLLECTION/DISPOSAL represents estimated disposal costs billed to participating cities on an as-used basis. Actual cost may be less or more, depending on economies achieved and available city funding. 2 NET COST TO CITIES represents the actual cost billed to participating cities after carryover offset is applied. 1 OFFSET FROM CARRYOVER represents funds carried over from prior year budgets and applied to current year budget in order to offset out-of-pocket expense to participating cities. ADDITIONAL RECOMMENDED USE OF PREVIOUS YEAR CARRYOVER FUNDS NOTES: 1SPECIAL CAPITAL PURCHASES AND PROJECTS are off-budget expenses for which the cities request to use previous year carryover funds. FY15 projects include replacement of one can crusher at a cost of up to $18,000 and replacement of two aging computer/printer systems at a cost of up to $3,000. 2EMERGENCY CAPITAL RESERVE represents funds reserved from prior year carryover to cover unexpected capital expenses that cannot be covered within the budget, thus avoiding the need for special assessments to the cities. The capital reserve fund does not accrue and must be re-approved each year. City Service Area Based on Single Family Households as per Current NCTCOG Estimates Percent of Service Area FY15 Quarterly Share of Operational and Capital Budgets* FY15 Annual Share of Operational and Capital Budgets* Addison 1,740 0.32%500$ 2,001$ Dallas 284,450 52.88%81,775$ 327,100$ De Soto 15,289 2.84%4,395$ 17,581$ Duncanville 11,593 2.16%3,333$ 13,331$ Farmers Branch 8,764 1.63%2,520$ 10,078$ Garland 64,078 11.91%18,421$ 73,686$ Highland Park 3,514 0.65%1,010$ 4,041$ Irving 40,834 7.59%11,739$ 46,957$ Mesquite 38,967 7.24%11,202$ 44,810$ Richardson 30,202 5.61%8,683$ 34,730$ Rowlett 18,689 3.47%5,373$ 21,491$ Sachse 6,819 1.27%1,960$ 7,841$ Seagoville 3,653 0.68%1,050$ 4,201$ Sunnyvale 1,728 0.32%497$ 1,987$ University Park 7,594 1.41%2,183$ 8,733$ TOTAL 537,914 100%154,642$ 618,568$ * NOTE: FY15 Operational Budget = $598,568 Capital Costs = $20,000 Combined Operational and Capital Budget = $618,568 Proportional Shares of FY2015 Operational and Capital Budget * DALLAS COUNTY HOUSEHOLD HAZARDOUS WASTE PROGRAM Based on Estimated SINGLE FAMILY HOUSING UNITS Prepared for FY15 Budget Meeting Operational and Capital budget shares are determined by multiplying each city's Percent of Service Area times the budget total. City shares are billed quarterly in advance and may be proportionately adjusted in the event city participation changes. Disposal costs are paid in addition to Operational and Capital costs and are based on actual usage. HHW Interlocal Agreement for FY2015 Amendment No. 2 Page 1 of 3 STATE OF TEXAS § § COUNTY OF DALLAS § AMENDMENT NO. 2 TO THE HOUSEHOLD HAZARDOUS WASTE INTERLOCAL AGREEMENT (The “Agreement”) BETWEEN DALLAS COUNTY AND CITY OF UNIVERSITY PARK (The “City”) A MEMBER CITY OF THE DALLAS AREA HOUSEHOLD HAZARDOUS WASTE NETWORK WHEREAS, on July 7, 2014 the Dallas County Commissioners Court was briefed on a request from the cities of the Dallas Area Household Hazardous Waste Network to renew and revise the effective term and specify new fiscal year budgets for the Household Hazardous Waste Program Interlocal Agreement (“Agreement”) that permits four additional one-year renewals for a five-year total contract term and was authorized by Court Order 2012-1223; and WHEREAS, Amendment 1, which was authorized by Court Order 2013-1248 to renew and extended the FY2013 agreement through FY2014, will expire on September 30, 2014; and WHEREAS, the proposed Amendment No. 2, along with the attachment, will serve to continue the Household Hazardous Waste Program through fiscal year 2015, while updating overall program budget amounts and individual city budget limits for the new fiscal year; and WHEREAS, proposed Amendment No. 2 contains no other changes in the basic terms and conditions of the Agreement and incurs no cost to Dallas County; NOW THEREFORE, by execution of this Amendment No. 2, the Agreement is amended hereby with respect to the items and features described in the Articles below. I. PURPOSE The purpose of this Amendment is to amend the effective term and fiscal year budget of the Agreement without change to the basic terms and provisions. No other sections, provisions, clauses or conditions of the Agreement are waived, deleted or changed hereby, and they shall remain in full force and effect throughout the term of the Agreement and any duly authorized amendments. II. AMENDED PROVISIONS A. The new term of the Agreement shall be October 1, 2014, through September 30, 2015. HHW Interlocal Agreement for FY2015 Amendment No. 2 Page 2 of 3 B. The language contained in Paragraph 1, Section IV. City Responsibilities shall be deleted in its entirety and replaced with the following language: 1. “A sum not to exceed $________________________________ for disposal, setup, operational, capital and transportation costs for HHW collection for residents of the City during the period from October 1, 2014 through September 30, 2015. a. Collection, setup, and disposal costs will be paid after-the-fact, based on actual usage by the City at events and at the collection center. b. Operational and capital costs shall be paid quarterly in advance. c. In the event of early withdrawal, the operational and capital costs will not be pro-rated for partial quarter participation but will become immediately due and payable in full.” C. The language contained in Exhibit C2014 of the Agreement entitled FY2014 HHW Program Budget Summary shall be deleted in its entirety and shall be replaced with the attached Exhibit C2015 entitled FY2015 HHW Program Budget Summary. IN WITNESS WHEREOF, by their signatures below, the duly authorized representatives of Dallas County and City of University Park, a member city of the Dallas Area Household Hazardous Waste Network, do hereby agree and append this Amendment No. 2 to the Agreement. EXECUTED THIS the day of , 2014. DALLAS COUNTY: CITY OF UNIVERSITY PARK: ____________________________ ___________________________ BY: Clay Lewis Jenkins BY: County Judge TITLE: APPROVED AS TO FORM:* Craig Watkins District Attorney Theresa Guerra Snelson Chief, Civil Division _____________________________ BY: Frank Waite Assistant District Attorney * By law, the Dallas County District Attorney’s Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval, and should seek review and approval by their own respective attorney(s) HHW Interlocal Agreement for FY2015 Amendment No. 2 Page 3 of 3 Exhibit C2015 FY2015 HHW PROGRAM BUDGET SUMMARY This exhibit summarizes the total program funding for FY2015 as approved by the Dallas Area Household Hazardous Waste Network at its regular meeting on April 17, 2014, and replaces the language contained in Amendment 1, Exhibit C2014 of the Household Hazardous Waste Program Interlocal Agreement that was authorized by Court Order 2012-1223. Fixed Costs include personnel expense, operating costs, and capital budget, which are shared by the Network cities based on single-family household projections published by North Central Texas Council of Governments. • Personnel Expense includes all HHW staff salaries and fringe. • Operating Expense includes supplies, equipment, advertising, public education, volunteer support, staff development, printing, postage, facility maintenance, utilities, and all other direct programming costs. • Capital Expense includes building repairs, equipment repair or replacement, mechanical upgrades, and expansion projects. Variable costs include estimated direct costs for collection and disposal of hazardous household wastes, which vary according to actual usage and are indicated in the budget summary for planning purposes only. Funding for actual collection, contract labor, and disposal costs will be collected from the cities after the fact, on an as-used basis. • Collection/Mobilization/Disposal Budget includes estimated costs for staging of events, recycling services, waste containers, waste transportation, and disposal. • Contract Labor Expense is for part-time, seasonal labor provided by the disposal vendor. Budget adjustments made to the Operational Budget during the term of the agreement shall not result in a City Funding amount that exceeds the approved budget total shown herein. The County may make line item transfers within the operating budget when these transfers do not exceed $5,000. Budget adjustments in excess of $5,000 must be approved by the HHW Network. BUDGET SECTION CITY FUNDING FIXED COSTS (OPERATIONAL BUDGET) Personnel Costs $ 403,093 Operating Costs $ 225,475 Capital Expense $ 20,000 Sub-Total $ 625,568 ESTIMATED VARIABLE COSTS (COLLECTION / LABOR / DISPOSAL BUDGET) $ 869,000 TOTAL PROGRAM BUDGET $1,517,568 RESOLUTION NO. _________________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, APPROVINGAMENDMENT NO. 2TO THE CITY’S HOUSEHOLD HAZARDOUS WASTE INTERLOCAL AGREEMENT WITH DALLAS COUNTY; AUTHORIZING THE CITY MANAGER TO EXECUTE THEAGREEMENT;AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City heretofore entered into an Interlocal Agreement with Dallas County and others regarding a Household Hazardous Waste Networkfor the collection and disposal of household hazardous waste; and, WHEREAS,the City Council wishes to amend the Agreement to extend its term and provide funding for the next fiscal year; Now Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION1.That Amendment No. 2to the “Household Hazardous Waste Interlocal Agreement”between Dallas County and the City of University Park, a true copy of which is attached hereto as Exhibit “A” and made part hereof for all purposes, is accepted and approved in all respectsby the City Council to amend the effective term to end September 30, 2015and to approve the fiscal year budget set out in the Agreement without change to its basic terms and provisions. That the City Manager is authorized and directed to execute such Amendmenton behalfof the City of University Park and to take such other administrative steps as may be necessary to participate in the Network. SECTION2.This Resolution shall take effect immediately from and after its passage, and it is accordingly so resolved. DULY PASSED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, on the ____day of ____________2014. APPROVED: _______________________________ OLIN B. LANE,MAYOR ATTEST: ________________________________________ CHRISTINE GREEN, CITY SECRETARY APPROVED AS TO FORM: ________________________________ CITY ATTORNEY (RLD/09-22-14; 61979) EXHIBIT A HHW Interlocal Agreement for FY2015 Amendment No. 2 Page 1 of 3 STATE OF TEXAS § § COUNTY OF DALLAS § AMENDMENT NO. 2 TO THE HOUSEHOLD HAZARDOUS WASTE INTERLOCAL AGREEMENT (The “Agreement”) BETWEEN DALLAS COUNTY AND CITY OF UNIVERSITY PARK (The “City”) A MEMBER CITY OF THE DALLAS AREA HOUSEHOLD HAZARDOUS WASTE NETWORK WHEREAS, on July 7, 2014 the Dallas County Commissioners Court was briefed on a request from the cities of the Dallas Area Household Hazardous Waste Network to renew and revise the effective term and specify new fiscal year budgets for the Household Hazardous Waste Program Interlocal Agreement (“Agreement”) that permits four additional one-year renewals for a five-year total contract term and was authorized by Court Order 2012-1223; and WHEREAS, Amendment 1, which was authorized by Court Order 2013-1248 to renew and extended the FY2013 agreement through FY2014, will expire on September 30, 2014; and WHEREAS, the proposed Amendment No. 2, along with the attachment, will serve to continue the Household Hazardous Waste Program through fiscal year 2015, while updating overall program budget amounts and individual city budget limits for the new fiscal year; and WHEREAS, proposed Amendment No. 2 contains no other changes in the basic terms and conditions of the Agreement and incurs no cost to Dallas County; NOW THEREFORE, by execution of this Amendment No. 2, the Agreement is amended hereby withrespect to the items and features described in the Articles below. I. PURPOSE The purpose of this Amendment is to amend the effective term and fiscal year budget of the Agreement without change to the basic terms and provisions. No other sections, provisions, clauses or conditions of the Agreement are waived, deleted or changed hereby, and they shall remain in full force and effect throughout the term of the Agreement and any duly authorized amendments. II. AMENDED PROVISIONS A. The new term of theAgreement shall be October 1, 2014, through September 30, 2015. HHW Interlocal Agreement for FY2015 Amendment No. 2 Page 2 of 3 EXHIBIT A B. The language contained in Paragraph 1, Section IV. City Responsibilities shall be deleted in its entirety and replaced with the following language: 1. “A sum not to exceed $________________________________ for disposal, setup, operational, capital and transportation costs for HHW collection for residents of the City during the period from October 1, 2014 through September 30, 2015. a. Collection, setup, and disposal costs will be paid after-the-fact, based on actual usage by the City at events and at the collection center. b. Operational and capital costs shall be paid quarterly in advance. c. In the event of early withdrawal, the operational and capital costs will not be pro-rated for partial quarter participation but will become immediately due and payable in full.” C. The language contained in Exhibit C2014 of the Agreement entitled FY2014 HHW Program Budget Summary shall be deleted in its entirety and shall be replaced with the attached Exhibit C2015 entitled FY2015 HHW Program Budget Summary. IN WITNESS WHEREOF, by their signatures below, the duly authorized representatives of Dallas County and City of UniversityPark, a member city of the Dallas Area Household Hazardous Waste Network, do hereby agree and append this Amendment No. 2 to the Agreement. EXECUTED THIS the day of , 2014. DALLAS COUNTY: CITY OF UNIVERSITY PARK: ____________________________ ___________________________ BY: Clay Lewis Jenkins BY: County Judge TITLE: APPROVED AS TO FORM: Craig Watkins District Attorney Theresa Guerra Snelson Chief, Civil Division _____________________________ BY: Frank Waite Assistant District Attorney * Bylaw, the Dallas County District Attorney’s Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval, and should seek review and approval by their own respective attorney(s) HHW Interlocal Agreement for FY2015 Amendment No. 2 Page 3 of 3 EXHIBIT A Exhibit C2015 FY2015 HHW PROGRAM BUDGET SUMMARY This exhibit summarizes the total program funding for FY2015 as approved by the Dallas Area Household Hazardous Waste Network at its regular meeting on April 17, 2014, and replaces the language contained in Amendment 1, Exhibit C2014 of the Household Hazardous Waste Program Interlocal Agreement that was authorized by Court Order 2012-1223. Fixed Costs include personnel expense, operating costs,and capital budget, which are shared by the Network cities based on single-family household projections published by North Central Texas Council of Governments. • Personnel Expense includes all HHW staff salaries and fringe. • Operating Expense includessupplies, equipment, advertising, public education, volunteer support, staff development, printing, postage, facility maintenance, utilities, and all other direct programming costs. • Capital Expense includes building repairs, equipment repair or replacement, mechanical upgrades, and expansion projects. Variable costs include estimated direct costs for collection and disposal of hazardous household wastes, which vary according to actual usage and are indicated in the budget summary for planning purposesonly. Funding for actual collection, contract labor, and disposal costs will be collected from the cities after the fact, on an as-used basis. • Collection/Mobilization/Disposal Budget includes estimated costs for staging of events, recycling services, waste containers, waste transportation, and disposal. • Contract Labor Expense is for part-time, seasonal labor provided by the disposal vendor. Budget adjustments made to the Operational Budget during the term of the agreement shall not result in a City Funding amount that exceeds the approved budget total shown herein. The County may make line item transfers within the operating budget when these transfers do not exceed $5,000. Budget adjustments in excess of $5,000 must be approved by the HHW Network. BUDGET SECTION CITY FUNDING FIXED COSTS (OPERATIONAL BUDGET) Personnel Costs $ 403,093 Operating Costs $ 225,475 Capital Expense $ 20,000 Sub-Total $ 625,568 ESTIMATED VARIABLE COSTS (COLLECTION / LABOR / DISPOSAL BUDGET) $ 869,000 TOTAL PROGRAM BUDGET $1,517,568 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS75205 TELEPHONE (214) 363-1644 C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@8C0599C1\@BCL@8C0599C1.docx 5:41 PM 10/14/14 AGENDA MEMO 10/21/2014Agenda TO:Honorable Mayor and City Council FROM:Greg Spradlin, Chief of Police SUBJECT:Approval of a request from Southern Methodist University(SMU) to useBushAvenue from Mockingbird Lane to SMU Boulevard as a staging area for theirHomecoming ParadeFloats BACKGROUND: The University Park Police Department received a Public Assembly application from Mindy Rowland-Hess of Southern Methodist University (SMU) requesting Bush Avenuebe utilized as a staging areafor their Homecoming Parade Floats on Saturday, November 15, 2014. The aforementioned floats and dignitary cars must forma single line on the eastern curb of Bush Avenue facing north. The 3000 block of Binkley Avenue (on the SMU Campus) will be utilized if additional space is necessary. Two (2) Off-Duty Officers are required to work during this event to assist with traffic. One will be stationed at the intersection of SMU Boulevard and Bush Avenue and the other one will be located at Dyer Street and Airline Road. Historically the parade is held three (3) hours prior to the start of the football game. This year the game is being televised and the network can not provide the school with that specific information until 10 to 14 days before the game. RECOMMENDATION: Staff recommends approval of this request providedthe requirements outlined by the University Park Department of Public Works and the University Park Police Department isfollowed. 2014 SMU HOMECOMING PARADE ROUTE 2014 HOMECOMING PARADE ROUTE •Start –Corner of SMU Boulevard and Bush Avenue o Proceed west on SMU Boulevard to Airline o Turn south onto Airline and proceed to Binkley o Turn west onto Binkley and proceed to OwnbyDrive o Turn south at Ownbyand proceed through parking lot behind Barr Pool o Proceed through parking lot to LoydAll-Sports Center and turn west o Proceed through parking lot to Bishop Boulevard o Turn north onto Bishop and around to west side of Bishop o Proceed south on Bishop to Schlegel, east onto Schlegel to Ownby o Turn south at Ownbyto Mockingbird •End –Corner of Ownbyand Mockingbird Lane 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@0C061C7C\@BCL@0C061C7C.docx 4:44 PM 10/17/14 AGENDA MEMO 10/21/2014Agenda TO:Honorable Mayor and City Council FROM:Gene R. Smallwood, P.E.; Director of Public Works SUBJECT:Annual Sidewalk Replacement Program BACKGROUND: Code Enforcement staff address complaints regarding defective sidewalk throughout the City. A list is compiled of the locations and the City Engineer develops contract documents and notices for solicitation of bids. Bids were received on October 2nd, with four contractors submitting proposals for work. A tabulation of bids is attached for your review. The contractor submitting the low bid of $78,182 was Cam-Crete. Staff reviewed his references and work experience and recommends approval. Funds are available for the work in the Infrastructure Maintenance budget. RECOMMENDATION: Staff recommends City Council approval of the bid submitted by Cam-Crete in the amount of $78,182, and authorization for the City Manager to enter into a contract. Item Unit Total Unit Total Unit Total Unit Total No.QuantityUnitDescription Amount Amount Amount Amount Amount Amount Amount Amount SECTION 1 - Pay Items for Defective Sidewalk DSW1 1323SY RemoveExisting4"+/-Reinforced Concrete Sidewalk $10.00$13,230.00 $15.00 $19,845.00 $15.00 $19,845.00 $40.00 $52,920.00 DSW2 68SY RemoveExisting6"+/-Reinforced Concrete Sidewalk Through Driveway $10.00 $680.00 $20.00 $1,360.00 $35.00 $2,380.00 $54.00 $3,672.00 DSW3 1323SY 4"ReinforcedConcreteSidewalk Class"C",6Sack,3600PSI@28 Days $44.00$58,212.00 $55.00 $72,765.00 $60.00 $79,380.00 $94.00 $124,362.00 DSW4 68SY 6"ReinforcedConcreteSidewalk ThroughDrivewayClass"C",6 Sack, 3600 PSI@28 Days $45.00 $3,060.00 $62.13 $4,224.84 $30.00 $2,040.00 $108.00 $7,344.00 DSW5 3EA Barrier-Free Ramps (ADA Compliant)(Bricktobesupplied by City of University Park)$1,000.00 $3,000.00 $1,600.00 $4,800.00 $1,300.00 $3,900.00 $2,500.00 $7,500.00 SECTION 1 -DEFECTIVE SIDEWALK TOTAL BASE BID $78,182.00 $102,994.84 $107,545.00 $195,798.00 Cam-Crete Muniz Construction Ken-Do Contracting Ken-Do Contracting 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@DC05BAE7\@BCL@DC05BAE7.docx 5:30 PM 10/16/14 AGENDA MEMO 10/21/2014Agenda TO:Honorable Mayor and City Council FROM:Thomas W. Tvardzik, Director of Finance SUBJECT:Resolution renewing the City’s Investment Policy BACKGROUND: TheTexasPublicFundsInvestmentAct(the “PFIA”,also Chapter2256 ofthe Texas GovernmentCode)requiresthat a city’sgoverningbody“review its investmentpolicy andinvestmentstrategiesnot lessthanannually”and that thepolicybeadopted byrule, order,ordinance,orresolution.TheCityCouncillast approvedUniversityPark’s InvestmentPolicyvia resolution on July2, 2013. ThisyearCitystaffproposedno changesto theinvestmentpolicy,andthereareno amendmentsto thePFIAthat would impacttheCity'spolicy.The FinanceAdvisory Committeereviews theproposed policyeachyearbefore makingarecommendationto theCouncil. TheCommitteemet on June12, 2014to considerthe proposedinvestmentpolicy.The Committeerecommendedapprovalof the policy. Belowis asummaryof theinvestment policy’skeypoints: Identificationofthepolicy’sfourobjectives:safety,liquidity,yield,andprudence. Safetyis alwaysthe highestpriorityobjective.(Section2.) Descriptionof eligibleinvestments:U.S. Treasuryandagencyobligations; State ofTexasandrelatedobligations; certainmunicipalbonds; repurchase agreements;CD’s;moneymarketmutual funds; andlocalgovernment investmentpools.(Section4.1.) Approvalof investment vendors:theCitymayonlydo businesswithbroker- dealers,banks,andotherswho havebeenreviewed andapprovedannuallyby theFinanceAdvisoryCommittee.(Section 4.2.1.1.) Diversificationofportfolio:Investmentholdings must remain within certain maximum percentagesofthe total portfolio.(Section4.2.1.3.) 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@DC05BAE7\@BCL@DC05BAE7.docx 5:30 PM 10/16/14 Designationofinvestment officers:Onlyauthorized individuals mayconduct investmenttransactionsforthe City:DirectorofFinance Thomas Tvardzik; ControllerCivic Yip;andCityManager Robbie Corder. RECOMMENDATION: CitystaffandtheFinanceAdvisory Committeerecommendapproval oftheproposed Cityinvestment policy. RESOLUTION NO. _____________________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, ADOPTING THE INVESTMENT POLICY OF THE CITY OF UNIVERSITY PARK HERETOFORE ADOPTED BY RESOLUTION NO. 13-008; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Public Funds Investment Act, as amended, requires the City to adopt an investment policy by rule, order, ordinance or resolution, and to review such policy not less than annually; and WHEREAS, the Public Funds Investment Act, as amended, requires the Treasurer, the Chief Financial Officer, and the Investment Officers of the City to attend investment training; and WHEREAS, the City of University Park approves of the investment training courses sponsored by the Texas Municipal League and other independent sources; and WHEREAS, the Treasurer, the Chief Financial Officer, and the Investment Officers of the City have attended investment training courses as required by the Public Funds Investment Act; and WHEREAS, the attached investment policy complies with the Public Funds Investment Act, as amended, and authorizes the investment of City funds in safe and prudent investments; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1.That the City of University Park has complied with the requirements of the Public Funds Investment Act, and the Investment Policy, as amended, attached hereto as Exhibit “A” is hereby adopted as the Investment Policy of the City of University Park, effective October 21, 2014. SECTION 2.That the following individuals are hereby designated as Investment Officers for the City of University Park: Thomas Tvardzik, Director of Finance; Robbie Corder, City Manager; andCivic Yip, Controller. SECTION 3.This resolution shall take effect from and after its passage, and it is accordingly so resolved. DULY PASSED AND APPROVED by the City Council of the City of University Park, Texas, on the 21stday of October, 2014. APPROVED: __________________________________ OLIN B. LANE, MAYOR APPROVED AS TO FORM:ATTEST: _____________________________________________________________________ CITY ATTORNEY CHRISTINE GREEN, CITY SECRETARY EXHIBIT “A” City of University Park, Texas Investment Policy Effective October 21,2014 City of University Park, Texas -Investment Policy i CONTENTS Preface...............................................................................................................................1 1.PURPOSE 1.Authorization........................................................................................................1 2.Goal.......................................................................................................................1 3.Scope.....................................................................................................................1 4.Review and Amendment.......................................................................................2 2.INVESTMENT OBJECTIVES 1.Preservation and Safety of Principal.....................................................................2 1. Credit Risk.......................................................................................................22. Interest Rate Risk.............................................................................................2 2.Maintenance ofAdequate Liquidity.....................................................................3 3.Return on Investments..........................................................................................3 4.Prudence and Ethical Standards............................................................................3 3.INVESTMENT STRATEGY STATEMENT 1.Operating Funds....................................................................................................4 2.Bond Debt Service Funds.....................................................................................4 3.Bond Reserve Funds.............................................................................................44.Capital Projects Funds..........................................................................................5 4.SPECIFIC INVESTMENT POLICIES 1.Eligible Investments..............................................................................................51.Obligations of the United States..................................................................5 2.Obligations of the State of Texas.................................................................5 3.Agencies of the United States and State of Texas.......................................5 4.Obligations of other States, Counties, Cities...............................................5 5.Direct Repurchase Agreements....................................................................56.Certificates of Depositand CDARS............................................................6 7.Share Certificates of state and federal Credit Unions..................................6 8.Money Market Mutual Funds......................................................................6 9.Local Government Investment Pools...........................................................7 2.Ensuring Safety of Principal...................................................................................7 1.Protection of Principal.................................................................................7 1.Approved Broker/Dealers/Financial Institutions/Depositories..............7 2.Collateralization.....................................................................................8 City of University Park, Texas -Investment Policy ii 3.Portfolio Diversification........................................................................8 4.Limiting Maturity...................................................................................9 2.Safekeeping .........................................................................................10 3.Effect of Loss of Required Rating...............................................................10 3.Ensuring Liquidity..............................................................................................10 4.AchievingInvestment Return Objectives...........................................................10 1.Securities Swaps..........................................................................................10 2.Competitive Bidding...................................................................................113.Methods of Monitoring Market Price..........................................................11 4.Benchmark Rate of Return..........................................................................11 5.Responsibility and Controls................................................................................11 1.Authority to Invest.......................................................................................11 2.Bonding requirements/Standard of care......................................................123.Establishment of Internal Controls..............................................................12 4.Standard of Ethics.......................................................................................12 5.Training and Education...............................................................................13 6.Investment Committee................................................................................13 6.Reporting.............................................................................................................137.Compliance Auditand Accounting Method.......................................................14 8.Certification........................................................................................................14 5.ADOPTING CLAUSE.................................................................................................15 ATTACHMENTS 1.Investment Vendor Acknowledgement 2.Broker-Dealer and Bank Questionnaires City of University Park, Texas -Investment Policy 1 PREFACE The purpose of this document is to establish specific investment policy and strategy guidelines for the City of University Park, Texas (“City”) to achieve the goals of safety, liquidity,and yield for all investment activity. The City shall review its investment strategies and policy not less than annually. This policy serves to satisfy the statutory requirement, specifically the Public Funds Investment Act, Chapter 2256 of the Texas Government Code (the “Act”), to define, adopt and review a formal investment strategy and policy. All available funds shall be invested in conformance with these legal and administrative guidelines. Effective cash management is recognized as essential to good fiscal management. An aggressive cash management and investment policy will be pursued to take advantage of investment interest as viable and material revenue to all operating and capital funds. The City’s portfolio shall be designed and managed in a manner responsive to the public trust and consistent with state and federal law. Investments shall be made with the primary considerations of: Preservation of capital and protection of principal Maintenance of sufficient liquidity to meet operating needs Security of City funds and investments Diversification of investments to avoid unreasonable or foreseeable risks Maximization of return on the portfolio SECTION 1: PURPOSE 1-1.Authorization This Policy is authorized by the City Council in accordance with Section 5 of the Public Funds Investment Act (Chapter 2256, Texas Government Code), which requires the adoption of a formal written Investment Policy. 1-2.Goals The primary goal of the City of University Park’s Investment Policy shall be: 1)to ensure the safety of all funds entrusted to the City; 2) to maintain the availability of those funds for the payment of all necessary obligations of the City; and 3) to provide for the investment of all funds, not immediately required, in interest-bearing securities or pooled investment products. The safety of the principal invested shall always be the primary concern. 1-3.ScopeThis Investment Policy of the City of University Parkshall include all investment activities of any fund of the City. The Firefighters’Relief and Retirement Fundis not a City fund and is covered by a separate policy. In addition to this Policy, bond funds, including debt service and reserve funds, shallbe managed by their governing resolution City of University Park, Texas -Investment Policy 2 and federal law, including the Tax Reform Act of 1986 and subsequent legislation. City funds will be pooled for investment purposes. 1-4.Review and AmendmentThis Policy may be amended from time to time as the City Council may so desire or as State Law may require. This Policy, which includes strategies for each fund or pooled fund group, shall be adopted by resolution, rule, or ordinance by the City Council and shall be reviewed annually by the City Council. The fact that the Investment Policy has been reviewed and that any amendments have been made must be recorded by resolution, rule or ordinance. SECTION 2: INVESTMENT OBJECTIVESThe City shall manage and invest its cash with four objectives, listed in order of priority: Preservation and Safety of Principal; Liquidity; Yield; and Prudence. All investments shall be designed and managed in a manner responsive to the public trust and consistent with State and Local Law. Cash management is defined as the process of managing monies in order to increase cash availability and interest earnings on short-term investment of idle cash. The City shall maintain a comprehensive cash management program that includes the prudent investment of available cash. 2-1.Preservation and Safety of PrincipalThe primary objective of City investment activity is the preservation of principal in the overall portfolio. Each investment transaction shall be conducted in a manner designed to avoid principal losses, whether they are from securities defaults or erosion of market value. The manner in which the City ensures safety of principal is presented in Section 4.2, “Ensuring Safety of Principal.” 2-1-1 Credit Risk The City will minimize credit risk, which is the risk of loss dueto the failure of the security issuer or backer by: a.Limiting investments to the types of securities listed in section 4-1 of this Investment Policy. b.Prequalifying the financial institutions, broker/dealers, intermediaries,and advisors with which the City will do business in accordance with Section 4-2-1-1. c.Diversifying the investment portfolio so that the impact of potential losses from any one type of security or from any one individual issuer will be minimized. City of University Park, Texas -Investment Policy 3 2-1-2 Interest Rate RiskThe City will minimize interest rate risk, which is the risk that the market value of securities in the portfolio will fall due to changes in market interest rates, by: a.Structuring the portfolio so that securities mature to meet cash requirements for ongoing operations. b.Investing operating funds primarily in short-term securities, money market mutual funds,or similar investment poolsand by limiting the average maturity of the portfolio in accordance with this policy. 2-2.Maintenance of Adequate Liquidity The City investment portfolio shall be structured sothat the City is able to meet all obligations in a timely manner. Maintenance of adequate liquidity is described in Section 4.3, “Ensuring Liquidity.” 2-3.Return on Investments Consistent with State law, the City shall seek to optimize return on investments within the constraints of safety and liquidity. Investments (excluding assets managed under separate investment programs, such as in arbitrage restrictive programs) shall be made in permitted obligations at yields equal to or greater than the bond equivalent yield on United States Treasury obligations of comparable maturity. Other appropriate performance measures maybe established by the Investment Committee. Specific policies regarding investment rate of return are presented in Section 4.4, “Achieving Investment Return Objectives.” For bond issues to which Federal yield or arbitrage restrictions apply, the primary objectives shall be to obtain satisfactory market yields and to minimize the costs associated with investment of such funds. 2-4.Prudence and Ethical Standards The standard of prudence used by the City shall be the “prudent person rule” and shall be applied in the context of managing the overall portfolio within the applicable legal constraints. The prudent person rule is restated below: “Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence would exercise in the management oftheir own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived.” In determining whether the Investment Officer(s) or Investment Advisor under contract has exercised prudence with respect to an investment decision, the determination shall be made taking into consideration the investment of all funds over which the Officeror Advisor had responsibility,rather than a consideration as to the prudence of a single investment, and whether the investment decision was consistent with the written Investment Policy of the City. City of University Park, Texas -Investment Policy 4 The Investment Officers, acting in accordance with written procedures and exercising due diligence, shall not be held personally responsible for a specific security’s credit risk or market price changes, provided that these deviations are reported immediately. Specific policies describing the City’s prudence and ethical standards are found in Section 4.5, “Responsibility and Controls.” SECTION 3: INVESTMENT STRATEGY STATEMENT The City maintains portfolios that utilize four specific investment strategy considerations designed to address the unique characteristics of the fund groups represented in the portfolios. To maximize the effective investment of assets, all funds needed for general obligations may be pooled into one account for investment purposes. The income derived from this account will be distributed to the various funds based on their average balances on a periodic basis. Proceeds of bond issues shall not be pooled with other assets of the City, but shall be maintained in the fund issuing the bonds with interest earnings on these invested proceeds recorded directly to that fund. 3-1.Operating FundsThe investment strategy for operating funds has as its primary objective the assurance that anticipated cash flows are matched with adequate investment liquidity. The secondary objective is to create a portfolio structure which will experience minimal volatility during economic cycles. This may be accomplished by purchasing high-quality short-to medium-term securities. The dollar weighted average maturity shall be calculated in accordance with GASB requirements. The weighted average maturity of operating funds shall not exceed 548 days. Securities may not be purchased that have a final stated maturity date that exceeds five (5) years. 3-2.Bond Debt Service FundsThe investment strategy for bond debt service fund(s) has as its primary objective the assurance of investment liquidity adequate to cover the debt service obligation on the required payment date. Securities purchased shall not have a stated final maturity date that exceeds the next unfunded bond debt service payment date. 3-3.Bond Reserve Funds The investment strategy for bond reserve fund(s) has as its primary objective the ability to generate a dependable revenue stream to the appropriate debt service fund from securities with a low degree of volatility. Securities should be of high quality and, except as may be required by the Bond Ordinance specific to an individual issue, of short-to- intermediate-term maturities. The stated final maturity dates of securities held shall not exceed five (5) years. 3-4.Capital Projects Funds The investment strategy for capital projects funds portfolios has as its primary objective the assurance that anticipated cash flows are matched with adequate investment liquidity. City of University Park, Texas -Investment Policy 5 These portfolios should include at least 10% in highly liquid securities to allow for flexibility and unanticipated project outlays. The stated final maturity dates of securities held should not exceed the estimated project completion date. SECTION 4: SPECIFIC INVESTMENT POLICIES 4-1.Eligible InvestmentsInvestments described below are those authorized by the Public Funds Investment Act (Chapter 2256, Texas Government Code), as amended, which is made a part of this Policy. The following list may not contain all of those securities that are authorized by state statutes, but only those that the City Council wishes to include in their portfolios. The purchase of specific issues may at times be further restricted or prohibited because of current market conditions. City funds governed by this Policy may be invested in: 1. obligations of the United States or its agencies and instrumentalities; 2. direct obligations of the State of Texas or its agencies; 3. other obligations, the principal and interest on which are unconditionally guaranteed or insured by the State of Texas or the UnitedStates or its agencies and instrumentalities, including obligations that are fully guaranteed or insured by the Federal Deposit Insurance Corporation or by the explicit full faith and credit of the United States. 4. obligations of states, agencies, counties, cities and other political subdivisions of any state having been rated of their own accord as to investment quality by a nationally recognized investment rating firm and having received a rating of not less than AAor its equivalent, and with additional credit enhancement having received a rating of not less than AAA or its equivalent by a nationally recognized investment rating firm. 5. fully collateralized direct repurchase agreements:1) having a defined termination date;2) secured by a combination of cash and obligations described by subdivision 1 of this subsection:3) having securities purchased by the City or cash held by the City pledged to the City, held in the City’s name and deposited at the time the investment is made with the City with a third party selected and approved by the City;and 4) placed through a primary government securities dealer, as defined by the Federal Reserve, or a financial institution doing business in Texas, and having a market value (including accrued interest) of no less than the principal amount of the funds disbursed; 6. a. certificates of deposit issued by a depository institutionwith a main office or branchin Texas that are: 1.guaranteed or insured by the Federal Deposit Insurance Corporation, or its successor; or, City of University Park, Texas -Investment Policy 6 2.secured by obligations that are described by 1 -4 above, which are intended to include all direct federal agency or instrumentality issues that have a market value of not less than the principal amount of the certificates or in any other manner and amount provided by law for deposits of the City.b.made in accordance with the following conditions, commonly known as the Certificate of Deposit Account Registry Service (CDARS): 1.the funds are invested by the City through a broker that has its main office or a branch office in this state and is selected from a list adopted by the City ora depository institution (“bank”) that has its main office or a branch office in this state and that is selected by the City; 2.thebroker orbank selected by the City under Subdivision (1) arranges for the deposit of the funds in certificates of deposit in one or more federally insured depository institutions, wherever located, for the account of the City;3.the full amount of the principal and accrued interest of each of the certificates of deposit is insured by the United States or an instrumentality of the United States; and 4.the City appoints the bank selected by the City under Subdivision (1), an entity described by the Texas Public Funds Collateral Act (Texas Government Code 2257.041(d)) or a clearing broker-dealer registered with the Securities and Exchange Commission and operating pursuant to Securities and Exchange Commission Rule 15c3-3 917 C.F.R. Section 240.15c3-3)as custodian for the City with respect to the certificates of deposit issued for the account of the City. 7. share certificates issued by state and federal credit unions with a main office or branch inTexas that are: 1.guaranteedor insured by the National Credit Union Share Insurance Fund, or its successor; or,2.secured by obligations that are described by 1 -4 above, which are intended to include all direct federal agency or instrumentality issues that have a market value of not less than the principal amount of the certificates or in any other manner and amount provided by law for deposits of the City. 8. SEC-regulated, no-load money market mutual funds with a dollar-weighted average stated portfolio maturity of 90 days or lessand whose investment objectives include seeking to maintain a stable net asset value of $1 per share. No more than 15% of the City’s average fund balance may be invested in money market mutual funds, and the City may not invest funds under its control in an amount that exceeds 10% of the total assets of any individual money market mutual fund. 9. Local government investment pools organized in accordance with the Interlocal Cooperation Act (Chapter 791, Texas Government Act) as amended, whose assets consist exclusively of the obligations that are allowed as a direct investment for funds subject to the Public Funds Investment Act (Chapter 2256, Texas Government Code). A public funds investment pool must be continuously rated no City of University Park, Texas -Investment Policy 7 lower than AAA, AAA-m or at an equivalent rating by at least one nationally recognized rating service. Eligible investment pools must be authorized by the City Council, by rule, order, ordinance, or resolution, as appropriate. The City Council has approved: 1)the Texas Local GovernmentInvestment Pool (“TexPool”), administered by the Texas State Comptroller;2) the Texas Short Term Asset Reserve (“TexSTAR”); administered by JPMorgan Chase and First Southwest Asset Management;and3) TexasTERMand TexasDaily, administered by PFM Asset Management LLC. Unless backed by the full faith and credit of the U.S. government, investments in collateralized mortgage obligations are strictly prohibited. These securities are also disallowed for collateral positions. The City will not be required toliquidate investments that were authorized investments at the time of purchase. 4-2.Ensuring Safety of PrincipalEnsuring safety is accomplished through protection of principal and safekeeping. 4-2-1 Protection of PrincipalThe City shall seek to control the risk of loss due to the failure of a security issuer or guarantorby investing only in the safest types of securities as defined in the Policy. Settlement of all investment transactions, except those transactions involving investments in mutual funds or local government investment pools, must be made on a delivery versus payment (DVP) basis. The purchase of individual securities shall be executed DVPthrough the Federal Reserve System delivered to an authorized safekeeping agent or trustee(“custodian”). By so doing, City funds are not released until the City has received, through the Federal Reserve wire, the securities purchased. The security shall be held in the name of the City. The custodian’s records shall assurethe notation of City ownership of or explicit claim on the securities. Additionally, the City shall adhere to the following practices to protect its investment principal: 4-2-1-1 Approved Broker/Dealers/Financial Institutions and DepositoriesInvestments shall only be made with those firms and institutions who have acknowledged receipt and understanding of the City’s Investment Policy. The “qualified representative” of the business as defined in Chapter 2256 of the Texas Government Code shall execute a written certification to acknowledge receipt of the City’s Investment Policy and to acknowledge that the organization has implemented reasonable procedures and controls to preclude imprudent investment activities arising out of the investment transactions conducted between the entity and the City. Should the City contract with an external investment advisor to execute the investment strategy, including the negotiation and execution of investment transactions, a managing officer of the investment advisory firm may sign the written certification in lieu of the City of University Park, Texas -Investment Policy 8 broker/dealer firms. This certification must be included as part of the investment advisory contract. Securities and certificates of deposit shall only be purchased from those institutions included on the City’s list of broker/dealers and financial institutions as approved by the Investment Committee. All securities dealers shall provide the City with references from other publicentities that they are currently serving. This list of approved investment providers must be reviewed at least annually by the City’s Investment Committee and shall be recorded in the Committee’s meeting minutes. The City’s Finance Advisory Committee shall comprise the Investment Committee. All state and national banks located in the State of Texas, which are insured by the Federal Deposit Insurance Corporation (FDIC) are to be considered as eligible depositories. The financial condition of the bank shall be considered prior to establishing any accounts with that bank. The Finance Advisory Committee shall review the bids submitted by depository candidates and make a recommendation to the City Council for final approval. 4-2-1-2 CollateralizationConsistent with the requirements of State law, the City requires all bank deposits (including time deposits) to be federally insured or collateralized with eligible securities. Financial institutions serving as City Depositories will be required to sign an Agreement with the City and its safekeeping agent for the collateral, perfecting the City’s rights to the collateral in case of default, bankruptcy or closure. The City shall not accept, as depository collateral, any security that is not specifically allowed to be held as a direct investment by the City portfolio (see 4-1). Repurchase agreements must also be collateralized in accordance with State law. Evidence of the pledged collateral shall be maintained by the Finance Director or a third party financial institution. All collateral shall be subject to inspection and audit by the Finance Director or the City independent auditors. 4-2-1-3 Maximum Exposure GuidelinesRisk of principal loss in the portfolio as a whole shall be minimized by diversifyinginvestment types according to the following limitations. As discussed below, these limitations do not apply to bond proceeds. Investment Type:% of Portfolio U.S. Treasury Notes/Bonds/Bills 100% U.S. Agencies 60% Local Government Investment Pools 50% Repurchase Agreements 30% Certificates of Deposit 30% City of University Park, Texas -Investment Policy 9 Municipal Bonds 20% Money Market Mutual Funds 15% It is the policy of the City to diversify its investment portfolio so that reliance on any one issuer or broker will not place an undue financial burden on the City. Generally, the City should limit its repurchase agreement exposure with a single firm to no more than 15% of the value of the City’s overall portfolio. To allow efficient and effective placement of proceeds from any bond sales, these limits may be exceeded for a maximum of five business days following the receipt of bond proceeds. Proceeds ofa single bond issue may be invested in a single security or investment if the Investment Committee determines that such an investment is necessary to comply with Federal arbitrage restrictions or to facilitate arbitrage record keeping and calculation. 4-2-1-4 Limiting Maturity To minimize risk of loss due to interest rate fluctuations, investment maturities will not exceed the anticipated cash flow requirements of the funds. For operating funds, the dollar weighted average days to final stated maturity shall be 548 days or less. The Investment Officer will monitor the maturity level and make changes as appropriate. For bond funds, the investment maturity of bond proceeds (including reserves and debt service funds) shall be determined considering:1) the anticipated cash flow requirements of the funds, and;2) the “temporary period” as defined by Federal tax law during which time bond proceeds may be invested at an unrestricted yield. After the expiration of the temporary period, bond proceeds subject to yield restriction shall be invested considering the anticipated cash flow requirements of the funds. The City shall have a goal of maintaininga minimum of ten percent of the portfolio maturing within thirty days, and twenty-five percent under one year. Under 30 days 10% minimumUnder 1 year 25% minimumUnder 3years 85% minimum Five years maximum single investment Reserve funds and other funds with longer-term investment horizons may be invested in securities exceeding three years if maturities of such investments are made to coincide as nearly as practical with the expected use of fund. The intent to invest in securities with longer maturities shall be disclosed in writing to the City Council 4-2-2 SafekeepingThe City shall contract with a bank or banks for the safekeeping of securities either owned by the City as a part of its investment portfolio or held as collateral to secure City of University Park, Texas -Investment Policy 10 certificates of deposits or repurchase agreements. The Safekeeping Agreement shall clearly define the procedural steps for gaining access to the collateral should the City determine that the City funds are in jeopardy. The safekeeping institution, or Trustee, shall hold all aforementioned securities in an account at the Federal Reserve Bank that specifies City ownership of the account. The Safekeeping Agreement shall include the signatures of authorized representatives of the City, the firm pledging the collateral and the Trustee. The City shall request from the safekeeping institution a copy of its most recent report on internal controls (Statement of Auditing Standards 70, or SAS 70). 4-2-3 Effect of Loss of Required RatingIf a holding’s credit quality rating falls below the minimum required, the City shall take all prudent measures that are consistent with its investment policy to liquidate the holding.City staff will periodically review the credit quality rating of instruments in the City portfolio using rating agency online resources or other media reporting these changes. 4-3. Ensuring Liquidity Liquidity shall be achieved by matching investment maturities with forecasted cash flow requirements, by investing in securities with active secondary markets, and by investing in eligible money market mutual funds (MMMF’s) and local government investment pools (LGIP’s). A security may be liquidated to meet unanticipated cash requirements, to re-deploy cash into other investments expected to outperform current holdings, or to otherwise adjust the portfolio. 4-4. Achieving InvestmentReturn ObjectivesInvestment selection for all funds shall be based on legality, appropriateness, liquidity, and risk/return considerations. Although the City will adopt a “buy and hold” approach, at times the portfolios may be actively managed to enhance overall interest income. Active management will take place within the context of the “Prudent Person Rule.” (see Section 2.4). 4-4-1 Securities Swaps The City may take advantage of security swap opportunities to improve portfolio yield. A swap which improves portfolio yield may be selected even if the transaction results in an accounting loss. 4-4-2 Competitive Bidding It is the policy of the City to require competitive bidding for all individual security purchases except for those transactions with money market mutual funds (MMMFs) and local government investment pools (LGIP’s) which are deemed to be made at prevailing market rates, and for government securities purchased at issue through a primary dealer at auction price. Rather than relying solely on yield, investment in MMMFs and LGIP’s shall be based on criteria determined by the Investment Committee, including adherence to Securities and Exchange Commission (SEC) guidelines for MMMFs when appropriate. At least three bidders must be contacted City of University Park, Texas -Investment Policy 11 in all transactions involving individual securities. Competitive bidding for security swaps is also required. Bids may be solicited in any manner provided by law. For those situations where it may be impractical or unreasonable to receive three bids for a transaction due to a rapidly changing market environment or to secondary market availability, documentation of a competitive market survey of comparable securities or an explanation of the specific circumstance must be included with the transaction bid sheet. All bids received must be documented and filed for auditing purposes. 4-4-3 Methods of Monitoring Market PriceThe methods/sources to be used to monitor the price of investments that have been acquired with public funds shall be from sources deemed reliable by the Investment Officer, including primary or regional broker/dealers, established financial institutions providing portfolio management/accounting services, third-party safekeeping reports, financial publications such as the Wall Street Journal, market information vendors such as Bloomberg or Telerate,and market pricing services. 4-4-4 Benchmark Rate of Return As a general guideline, the City’s cash management portfolio shall be designed with the objective of regularly meeting the average return on three-month U.S. Treasury Bills, or the average rate of 90-day Certificates of Deposit. These indices are considered benchmarks for risk-free investment transactions and therefore comprise a standard for the portfolio’s rate of return. Additional benchmarks may be developed and recommended by the Investment Committee and used as a comparative performance measures for the portfolio. Additional benchmarks that may be considered for targeting by the Investment Committee include the Constant Maturity Treasury Bill with the maturity that most closely matches the weighted average maturity of the portfolio or a more customized index made up of blended Merrill Lynch Treasury/Agency indices. The investment program shall seek to augment rates of return above this threshold, consistent with legal restrictions and prudent investment principles. In a diversified portfolio, measured losses are inevitable and must be considered within the context of the overall portfolio. 4-5. Responsibility and Control 4-5-1 Authority to Invest Authority to manage the City investment program is derived from a resolution of the City. Those authorized by said resolution are designated as Investment Officers of the City, and, in conjunction with the Investment Committee, are responsible for investment decisions and activities. All investment transactions must be acknowledged by a second investment officer besides the one who initiated the transaction. All wire transfers must be approved by two investments officers. The City reserves the right to contract with an external investment advisory firm to manage the investment assets, and the resulting resolution will grant investment authorization to the contracted firm. The Finance Director shall establish written procedures for the operation of the investment program consistent with this Investment Policy. City of University Park, Texas -Investment Policy 12 4-5-2 Bonding requirements/Standard of care Each of the authorized investment officers shall be a bonded employee. All participants in the investment process shall act responsibly as custodians of the public trust and shall exercise the judgment and care, under prevailing circumstances, that a prudent person would exercise in the management of the person’s own affairs. 4-5-3 Establishment of Internal ControlsThe Finance Director is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the entity are protected from loss, theft,or misuse. The internal control structure shall be designed to provide reasonable assurance that the objectives are met. The concept of reasonable assurance recognizes that (1) the cost of a control should not exceed the benefits likely to be derived,and (2) the valuation of costs and benefits requires estimates and judgments by management. 4-5-4 Standard of Ethics City staff involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which couldimpair the ability to make impartial investment decisions. City staff shall disclose to the City any material interests in firms or businesses that conduct investment matterswith the City, and they shall further disclose positions that could be related to the performance of the City portfolio. City staff shall subordinate their personal financial transactions to those of the City, particularly with regard to the timing of purchases and sales. An investment officer of the City who has a personal business relationship with an organization seeking to sell an investment to the City shall file a statement disclosing that personal business interest. An investment officer who is related within the second degree by affinity or consanguinity to an individual seeking to sell an investment to the City shall file a statement disclosing that relationship. A statement required under this subsection must be filed with the Texas Ethics Commission and the governing body of the City. 4-5-5 Training and EducationIn accordance with the Public Funds Investment Act (Chapter 2256, Texas Government Code), the designated Investment Officers, or those personnel authorized to execute investment transactions, must attend periodic investment training. State law requires that training relating to investment responsibilities must be provided by an independent source, such as the Texas Municipal League, North Central Texas Council of Governments, or the University of North Texas Center for Public Management, or as approved by the City Manager. Personnel authorized to execute or approve investment transactions must receive at least 10 hours of investment training for each two year period that begins on the first day of the City’s fiscal year and consists of the two consecutive fiscal years after that date. Newly appointed investment officers must attain at least 10 hours of instruction City of University Park, Texas -Investment Policy 13 relating to the officer’s responsibility under the Act within 12 months after assuming investment duties. 4-5-6 Investment CommitteeAn Investment Committee that is comprised of the membership of the Finance Advisory Committee shall be established to determine investment guidelines, general strategies, and monitor performance. The Committee shall meet quarterly to review performance, strategy,and procedures. The Investment Committee shall include in its deliberation such topics as: performance reports, economic outlook, portfolio diversification, maturity structure, potential risk to the City funds, authorized brokers and dealers, and the targetrate of return on the investment portfolio. 4-6. ReportingInvestment performance is continually monitored and evaluated by the Finance Director. The Investment Officer(s) will provide detailed reports, as required by the Public Funds Investment Act (Chapter 2256, Texas Government Code, Section 2256.023) for the City on a quarterly basis. The Finance Director shall submit a quarterly investment report signed by the investment officers. Thereport shall include a succinct management summary that provides a clear picture of the status of the current investment portfolio and transactions made over the last quarter. This management summary will be prepared in a manner which will allow the City to ascertain whether investment activities during the reporting period have conformed to the Investment Policy. The management summary shall: 1) summarize current market conditions, economic developments and anticipated investment conditions; 2) summarize investment strategies employed in the most recent quarter; 3)describe the portfolio in terms of investment securities, maturities, risk characteristics, and average return for the quarter; 4) outline conformance to the restrictions of the Policy in the area of diversification and term of maturity; 5) compare the performance of City’s portfolio to appropriate benchmarks as determined by the Investment Committee. Additionally, the quarterly financial report will include the following detailed information: 1.A listing of individual securities held at the end of the reporting period. 2.Unrealized gains or losses resulting from appreciation or depreciation by listing the beginning and ending book and market value of securities for the period. 3.Additions and changes to the market value during the period. 4.Average weighted yield to maturity or total return performance of the portfolio on entity investments as compared to applicable benchmarks. 5.Listing of investments by maturity date. City of University Park, Texas -Investment Policy 14 6.The percentage of the total portfoliowhich each type of investment represents. 7.Statement of compliance of the City investment portfolio with State Law and the investment strategy and policy approved by the City. Within 60 days of the end of the fiscal year, the Finance Director or the Investment Advisory firm shall present an annual report on the investment program and investment activity. The report may be presented as a component of the fourth quarter report to the City. 4-7. Compliance Auditand Accounting MethodIn conjunction with its annual financial audit, the City shall perform a compliance audit of management controls on investments and adherence to the City’s established Investment Policies. The results of the audit shall be reported to the Investment Committee and the governing body of the City. The City shall comply with all required legal provisions and Generally Accepted Accounting Principles (GAAP) relating to investment accounting. The accounting principles are those contained in the pronouncement of authoritative bodiesincluding but not necessarily limited to, the Governmental Accounting Standards Board (GASB), the American Institute of Certified Public Accountants (AICPA), and the Financial Accounting Standards Board (FASB). 4-8. Certification A copy of this Investment Policy will be provided to the senior management of any bank, dealer, broker,investment advisor, or safekeeping institutionwishing to transact investment business directly with the City in order that it is apprised of the investment goals of the City. Before business is transacted with the firm, a certification (Attachment 1) must be signed by a senior member of a firm. Should the City contract with an external investment advisor to execute the entity’s investment strategy, including the negotiationand execution of investment transactions, a managing officer of the investment advisory firm may sign the written certification in lieu of the broker/dealer firms. This certification must be included as part of the investment advisory contract. SECTION 5: ADOPTING CLAUSE This Investment Policy for the City of University Park, Texas is hereby adopted as of the 21stday of October, 2014. Mayor Director of Finance ATTEST: City of University Park, Texas -Investment Policy 15 City Secretary City of University Park, Texas -Investment Policy 16 ATTACHMENT 1 ACKNOWLEDGEMENTS City of University Park, Texas -Investment Policy 17 TEXAS PUBLIC FUNDS INVESTMENT ACT ACKNOWLEDGMENTS These Acknowledgments are executed on behalf of the City of University Park, Texas (“Investor”) and _______________________(“Business Organization”) pursuant to the Public Funds Investment Act, Chapter 2256, Government Code, Texas Codes Annotated (the “Act”), in connection with investment transactions conducted between the Investor and the Business Organization. Acknowledgment by Investor The undersigned investment officer of the Investor (“Investment Officer”) hereby acknowledges, represents and agrees on behalf of the Investor that: (i)The Investment Officer (a) has been duly designated by official action of the governing body of the Investor to act as its Investment Officer pursuant to the Act, (b) is vested with full power and authority under the Act and other applicable law to engage in investment activities on behalf of theInvestor, and (c) is duly authorized to execute this Acknowledgment on behalf of the Investor, (ii)Pursuant to the Act, the governing body of the Investor has duly adopted a written investment policy which complies with the Act, including an investment strategy (as the same may be amended, the “Investment Policy”), and the Investment Officer (a) has furnished a true and correct copy of the Investment Policy to the Business Organization and (b) will notify the Business Organization of any rescissionof, or amendment to, the Investment Policy. The Business Organization shall be entitled to rely upon the most recent version of the Investment Policy furnished by the Investment Officer until provided with an amended version; (iii)Attached hereto is a list ofinvestments that are authorized pursuant to the Investment Policy and that the Investment Officer understands may be available from the Business Organization. The attached list may be amended from time to time by mutual agreement of the Investor and the Business Organization, and (iv) In connection with any investment transaction between the Business Organization and the Investor, the Business Organization is not responsible for assuring compliance with those aspects of the Investment Policy over which the Business Organization has no control or knowledge, such as restrictions as to diversity and average maturity, or which require an interpretation of subjective investment standards. INVESTMENT OFFICER Thomas W. Tvardzik Director of Finance City of University Park, Texas Signature: Date: City of University Park, Texas -Investment Policy 18 Acknowledgment by Business Organization I am a registered principal or authorized representative of _________________ (the “Firm”). The Firm is a registered dealer under the Securities Exchange Act of 1934 (the “Act”), and a member of the Financial Industry Regulatory Authority (“FINRA”). I have received a copy of the City of University Park (the “City”) investment policy dated ___. I have provided each current licensed member of the sales personnel who perform investment services for the City with a copy of your investment Policy and haveinstructed these professionals to familiarize themselves with the terms of the Policy. The Firm has implemented reasonable procedures and controls in an effort to preclude investment transactions conducted between the Firm and the City that are not authorized by the City’s investment policy, except to the extent that this authorization is dependent on an analysis of the composition of the entity’s entire portfolio. As a FINRA registered dealer, the Firm is subject to the rules of the Securities and Exchange Commission (the “SEC”) and the Rules of Fair Practices of FINRA. Those rules establish requirements for, among other things, net capital, reserves and custody of customer securities, and suitability of investment recommendations. Those rules also prohibit the use of fraudulent and deceptive practices. The Firm has extensive internal procedures to assist the firm in complying with the rules of the SEC, FINRA and other regulatory bodies having jurisdiction. The Firm’s compliance with these rules will be monitored by FINRA-licensed supervisory principals and its Compliance Department. This process is audited routinely by both internal and outside auditors. Signature:___________________________________ Name Title Date City of University Park, Texas -Investment Policy 19 ATTACHMENT 2: BROKER-DEALER AND BANK QUESTIONNAIRES City of University Park, Texas -Investment Policy 1 City of University Park, Texas BROKER/DEALER QUESTIONNAIRE 1.Name of Firm 2.Address (Local)(National Offices) 3.Telephone ( ) 4.Primary Representatives/Manager/Partner In-charge: Name Name Title Title Telephone Telephone 5.Are you a primary dealer in U.S. Government securities? [ ] Yes [ ] No 6.If so, for how long has your firm been a primary dealer? years 7.What was your firm's total volume in U.S. Government securities trading last year? Firmwide $Number of transactions Your local office $Number of transactions 8.Which instruments are offered regularly by your local desk? [ ] T-bills [ ] Agencies (specify) [ ] Instrumentalities [ ] Bank CDs [ ] S&L CDs [ ] Treasury notes/bonds [ ] BAs (domestic) [ ] BAs (foreign) [ ] Commercial paper [ ] Other (specify) 9.Identify all personnel who will be trading with or quoting securities to our government's employees. Name:Telephone Number: (Attach Resumes Of All The Above Persons) 10.Which of the above personnel have read our government investment policies? 11.Please identify our most directly comparable public sector clients in our geographical area. Entity:Contact Person:Telephone No.: Client Since: 12. Have any of your clients ever sustained a loss on a securities transaction arising from a misunderstanding or misrepresentation of the risk characteristics of the instrument? If so, explain. 13.Have any of your public sector clients ever reported to your firm, its officers or employees, orally or in writing, that they sustained a loss (in a single year) exceeding 10 percent of original purchase price on any individual security purchased through your firm? (Explain.) 14.Has your firm ever been subject to a regulatory or state/federal agency investigation for alleged improper, fraudulent, disreputable or unfair activities related to the sale of securities? Have any of your employees ever been so investigated? (Explain.) City of University Park, Texas -Investment Policy 2 15.Has a public sector client ever claimed, in writing, that your firm was responsible for investment losses? (Explain.) 16.Please include samples of research reports that your firm regularly provides to public sector clients. 17.Please explain your normal custody and delivery process. Who audits these fiduciary systems? 18.Please provide certified financial statements and other indicators regarding your firm's capitalization. 19.Describe the Capital line and trading limits that support/limit the office that would conduct business with our government. 20.What training would you provide to our employees and investment officers? 21.Has your firm consistently complied with the Federal Reserve Bank's capital adequacy guidelines? As of this date, does your firm comply with the guidelines? Has your capital position ever fallen short? By what factor (1.5, 2x, etc.) does your firm presently exceed the capital adequacy guideline's measure of risk? Include certified documentation of your capital adequacy as measured by the Federal Reserve standards. 22.Do you participate in the S.I.P.C. insurance program? If not, explain why. 23.What portfolio information do you require from your clients? 24.What reports, transactions, confirmations and paper trail will we receive? 25.Enclose a complete schedule of fees and charges for various transactions. 26.How many and what percentage of your transactions failed last month? Last year? 27.Describe the precautions taken by your firm to protect the interest of the public when dealing with governmental agencies as investors. 28.With whom are you doing business in the Dallasarea? 29.Are you representing a parent corporation or a subsidiary of another corporation? If you are a subsidiary, will you furnish audited financial statements on your parent corporation as well as your subsidiary? 30.For all employees listed in part9 above, please provide resumes for each and within each resume include the company names of former employers. 31.Provide banking references and include officer contact names and telephone numbers. 32.Do you give perfected security interest in securities under repurchase agreements? FINANCIAL RATIO CRITERIA 1.Growth in current assets and current liabilities must be parallel. 2.Total liabilities, as a multiple of equity, must be less than a ratio of 20:1. 3.The total of securities owned and securities purchased under agreement to resell (reverse repos) must be greater than the total of short-term loans and securities sold under agreements to repurchase (repos). 4.Equity, as a percentage of total assets, must be 5% or more. 5.Growth in retained earnings must exceed 7% for the last two years. 6.Equity growth must be parallel to asset and liability growth. 7.The auditor's opinion must be unqualified. City of University Park, Texas -Investment Policy 3 City of University Park, Texas BANK QUESTIONNAIRE 1.Name of Bank 2.Address (Local)(National Offices) 3.Telephone 4.Primary Representatives/Managers: Name Name Title Title Telephone Telephone 5.Are you a primary dealer in U.S. Government securities? [ ] Yes [ ] No 6.If so, for how long has your firm been a primary dealer? Years 7.Please attach a list of comparable public sector clients in north Texas; include entity name, contact name, contact telephone number and email, and number of years as a client. 8.General banking information –please attach on separate sheet: Financial statements for the past two fiscal years, with an unqualified opinion from a certified public accountant Call reports for the last four quarters or credit rating information for senior and subordinate debt from a recognized credit rating agency Rating information from recognized bank rating agencies Proof of current standing as an eligible public depository Capital ratios: tangible capital, core capital, and risk capital Evidence of growth in current assets and current liabilities being parallel Total liability to equity ratio (must be less than 20:1) Equity as a percentage of assets (must be at least 5%) 9.Please attach a list of the names of the current and most immediate past Board of Directors. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@E4052BEA\@BCL@E4052BEA.docx 5:55 PM 10/16/14 AGENDA MEMO 10/21/2014Agenda TO:Honorable Mayor and City Council FROM:Thomas W. Tvardzik, Director of Finance SUBJECT:Ordinance amending the fiscal 2013-2014 budgetto provide for a transfer of funds from the General Fund to the Capital Projects Fundand from the Utility Fund to the Storm Water Utility Fund. BACKGROUND: General Fund to Capital Projects OnNovember 5, 2013, the City Council considered and acted ona request from SMUto abandon certain street and alley rights-of-way between Airline and Dublin. The compensation to the City for that abandonment totaled $3,895,000. The funds were received anddeposited on December 3, 2013. They were recorded as “other income” within the General Fundduring FY2014. On July 1, 2014, City Council amendedthe FY2014 budget toauthorizea transfer of $2,000,000 from the General Fund to the Capital Projects Fund. Thetransfer provided additional working capital to the Capital Projects Fund, and a potential source of funding for future infrastructure-related projects. Additional capital projects have been identified since the prior transfer. In order to fund those projects, staff is requesting the transfer of the remaining $1,895,000 in the General Fund. Utility Fund to Storm Water Utility Fund The storm water utility fee was authorized by City Council in December of 2003, and first appeared on residential utility billsthe following month. The fee was designedto offset the cost of compliance with various state and federal storm water mitigation programs. As part of the FY2014 budget, a Storm Water Utility Fund (Fund 05) was presented separatelyfor the first time. Prior to FY2014, storm water utility fee revenues and program expenditures were included in the Utility Fund along with water and sewer activities. In order to provide sufficient working capital to the Storm Water Utility Fund, staff requests a transfer of $450,000 be made from the Utility Fund. This amount approximates the FY2015 budgeted revenue included in the Storm Water Utility Fund, 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@E4052BEA\@BCL@E4052BEA.docx 5:55 PM 10/16/14 and may be funded from FY2014 Utility Fund net operating income, which currently stands in excess of $880,000. RECOMMENDATION: City staff recommends the approval of the attachedordinanceauthorizing the requested transfers. ATTACHMENTS: Budget amendment ordinance ORDINANCENO.________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK,TEXAS, AMENDING THE2013-2014FISCALYEARBUDGET,ORDINANCENO.13/028,TO TRANSFER FUNDSFROMTHEFISCALYEAR2014GENERALFUNDINTO THE CAPITALPROJECTS FUNDAND FROM THE FISCAL YEAR 2014 UTILITY FUND INTO THE STORM WATER UTILITY FUND;AUTHORIZING THE CITY MANAGER TO EFFECT SUCH TRANSFER; ANDPROVIDINGANEFFECTIVEDATE. WHEREAS,theCityCounciloftheCityofUniversityParkhasdeterminedthatitisin the publicinteresttoamendOrdinanceNo.13/028totransferfundsfromthefiscalyear2014 generalfundintothecapitalprojectsfundand from the fiscal year 2014 utility fund into the storm water utility fund;Now,Therefore, BE IT ORDAINEDBY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK,TEXAS: SECTION 1.ThatOrdinanceNo.13/028,the2013-2014fiscalyearbudgetordinanceof the CityofUniversityPark,Texas,be,andthesameishereby,amendedtotransferageneralfund appropriation in the amount of $1,895,000tothecapitalprojectsfund,tobeusedforfuture capital projects as deemed necessary. ThatOrdinanceNo.13/028be,andthesameishereby, furtheramendedsoastogiveeffecttosuch appropriationsandtheCityManagerisdirectedto transfersuchfundsfromthegeneralfundtothecapitalprojectsfund. SECTION 2.ThatOrdinanceNo.13/028,the2013-2014fiscalyearbudgetordinanceof the CityofUniversityPark,Texas,be,andthesameishereby,amendedtotransferautilityfund appropriation in the amount of $1,895,000tothestorm water utility fund,tobeusedfor future expenditures projects as deemed necessary. ThatOrdinanceNo.13/028 be,andthesameis hereby,furtheramendedsoastogiveeffecttosuch appropriationsandtheCityManageris directedtotransfersuchfundsfromthegeneralfundtothecapitalprojectsfund. SECTION3.Thisordinanceshalltakeeffectimmediatelyfromandafteritspassage,as the lawandCharterinsuchcasesprovide. DULYPASSED bytheCityCounciloftheCityofUniversityPark,Texas,onthe21st dayof October,2014. APPROVED: OLIN B. LANE, MAYOR APPROVED AS TO FORM:ATTEST: CITY ATTORNEY CHRISTINE GREEN,CITY SECRETARY 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@E4059AFC\@BCL@E4059AFC.docx 5:55 PM 10/16/14 AGENDA MEMO 10/21/2014Agenda TO:Honorable Mayor and City Council FROM:Thomas W. Tvardzik, Director of Finance SUBJECT:Ordinance amending FY2015 budget to carry forward FY2014 encumbrances BACKGROUND: Each year City staff prepares and proposes a budget amendment to bring forward the funds encumbered at the end of the previous fiscal year. Approval of these FY2014 encumbrances (open purchase orders) makes the funds available for expenditure in the current fiscal year, FY2015. Impact on the FY2015 budget The specific amounts per account, department and vendor are displayed in Exhibit “A” of the attached ordinance. The overall impact is shown in the table below: Fund Adopted Budget Encumbrances Amended Budget General $29,126,524 $563,047 $29,689,571 Utility $14,718,462 $14,718,462 Sanitation $2,964,150 $29,796 $2,993,946 Storm Water $453,073 $126,978 $580,051 $47,262,209 $719,821 $47,982,030 Impact on FY2014 financial position The proposed budget amendment would increase authorized expenditures, which may in turn reduce working capitalwhen the expenditures occur. If all encumbrances were converted into expenditures, the impact on working capital could be as follows: Fund 9/30/14 Balance*Encumbrances Adjusted Balance General $5,778,867 ($563,047)$5,215,820 Sanitation $1,663,748 ($29,796)$1,633,952 Storm Water $450,000 ($126,978)$323,022 $7,892,615 ($719,821)$7,172,794 * -Balances for both the General Fund and the Storm Water Fund have been adjusted to reflect the results of transfer activity pending before the Council in a separate agenda item. In the case of the General Fund, the balance reflects a decrease (transferout) of 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@E4059AFC\@BCL@E4059AFC.docx 5:55 PM 10/16/14 $1,895,000, while for the Storm Water Fund the balance reflects an increase (transfer in) of $450,000. The resulting working capital balances are above the minimum levels established by the City’s financial management policies. The following page displays the FY2015adopted budget and the change to each department made by the proposed amendment. RECOMMENDATION: The encumbrance carryforward is presented to the Council each year as a routine item. City staff recommends approval of the attached ordinance. CITY OF UNIVERSITY PARK, TEXAS FY2015 BUDGET AMENDMENT NO. 1 BY FUND AND DEPARTMENT Fund / Org Unit / Department FY2015 Adopted Budget Encumbrances from FY2014 FY2015 Amended Budget GENERAL FUND Revenues 01-11 REVENUES 29,127,024$ -$ 29,127,024$ Total Revenues 29,127,024$ -$ 29,127,024$ Expenditures 01-02 EXECUTIVE 982,878$ 33,800$ 1,016,678$ 01-03 FINANCE 1,095,780 5,883 1,101,663 01-04 HUMAN RESOURCES 366,783 - 366,783 01-05 INFORMATION SERVICES 1,001,452 134,889 1,136,341 01-06 LIBRARY 719,684 17,419 737,103 01-10 COURT 375,499 - 375,499 01-19 COMMUNITY DEVELOPMENT 1,200,734 - 1,200,734 01-20 ENGINEERING 775,179 17,586 792,765 01-25 TRAFFIC 943,232 36,177 979,409 01-35 FACILITY MAINTENANCE 625,552 80,963 706,515 01-40 FIRE 5,454,191 78,423 5,532,614 01-50 POLICE 7,176,920 16,241 7,193,161 01-70 PARKS 2,916,371 19,875 2,936,246 01-75 SWIMMING POOL 364,262 8,060 372,322 01-80 STREETS 2,004,855 113,731 2,118,586 01-85 TRANSFERS 3,123,152 - 3,123,152 Total Expenditures 29,126,524$ 563,047$ 29,689,571$ General Fund Surplus/(Deficit)500$ (563,047)$ (562,547)$ UTILITY FUND Revenues 02-11 REVENUES 14,893,045$ -$ 14,893,045$ Total Revenues 14,893,045$ -$ 14,893,045$ Expenditures 02-21 UTILITY OFFICE 8,620,778$ -$ 8,620,778$ 02-22 UTILITIES 3,723,342 - 3,723,342 02-85 TRANSFERS 2,374,342 - 2,374,342 Total Expenditures 14,718,462$ -$ 14,718,462$ Utility Fund Surplus/(Deficit)174,583$ -$ 174,583$ STORMWATER Revenues 05-11 REVENUES 438,400$ -$ 438,400$ Total Revenues 438,400$ -$ 438,400$ Expenditures 05-23 STORM WATER UTILITY 453,073$ 126,978$ 580,051$ Total Expenditures 453,073$ 126,978$ 580,051$ Storm Water Fund Surplus/(Deficit)(14,673)$ (126,978)$ (141,651)$ SANITATION FUND Revenues 04-11 REVENUES 2,876,160$ -$ 2,876,160$ Total Revenues 2,876,160$ -$ 2,876,160$ Expenditures 04-60 SANITATION 2,964,150$ 29,796$ 2,993,946$ Total Expenditures 2,964,150$ 29,796$ 2,993,946$ Sanitation Fund Surplus/(Deficit)(87,990)$ (29,796)$ (117,786)$ TOTAL REVENUES 47,334,629$ -$ 47,334,629$ TOTAL EXPENDITURES 47,262,209$ 719,821$ 47,982,030$ TOTAL SURPLUS/(DEFICIT)72,420$ (719,821)$ (647,401)$ S:\FINANCE\FINANCE DIRECTOR\City Council\2014\10212014\Encumbrances FY2015.xlsx SUMMARY BY FUND AND DEPT 10/16/2014 3:02 PM C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@E4057305\@BCL@E4057305.docx 5:55 PM 10/16/14 ORDINANCE NO. ______ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE 2014-2015FISCAL YEAR BUDGET, ORDINANCE NO. 14-022, TO CARRY FORWARD ENCUMBRANCES FROM THE 2013-2014FISCAL YEAR BUDGET, INCLUDING TOTAL GENERAL FUND ENCUMBRANCES OF $553,047, SANITATION FUND ENCUMBRANCES OF $29,796, AND STORM WATER FUND ENCUMBRANCES OF $126,978; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City Council of the City of University Park has determined that it is in the public interest to amend Ordinance No. 14-022to carry forward encumbrances of funds from the 2013-2014fiscal year budgetand transfer funds from fund balancesof the General Fund, Sanitation Fundand Storm Water Fundinto specific accounts; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1.That Ordinance No. 14-022, the 2014-2015fiscal year budget ordinance of the City of University Park, Texas, be, and the same is hereby, amended to carry forward to the 2014-2015fiscal year encumbrances authorized in the 2013-2014budget, but not expended during such fiscal year. That a complete listing of such encumbrances, as they existed as of the beginning of the current fiscal year, is attached hereto as Exhibit “A” and made a part hereof for all purposes. That all of such encumbrances, totaling $563,047of general fund encumbrances, $29,796of sanitation fund encumbrancesand $126,978 of storm water fund encumbrances, be, and the same are hereby, approved and carried forward into and made a part of the 2014-2015 fiscal year budget of the City. SECTION 2.This ordinance shall take effect immediately from and after its passage, as the law and Charter in such cases provide. C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@E4057305\@BCL@E4057305.docx 5:55 PM 10/16/14 DULY PASSED by the City Council of the City of University Park, Texas, on the 21st day of October, 2014. APPROVED: ____________________________________ OLIN LANE, MAYOR ATTEST: ____________________________________ CHRISTINE GREEN, CITYSECRETARY APPROVED AS TO FORM: ________________________________ CITY ATTORNEY ACCOUNT ENCUMBRANCE NUMBER ACCOUNT DESCRIPTION AMOUNT VENDOR PO DESCRIPTION P.O. GENERAL FUND EXECUTIVE 01-02-3060 PROFESSIONAL SERVICES 33,800 BALLARD*KING & ASSOCIATES, LTD POOL FEASIBILITY STUDY 2014-193 TOTAL EXECUTIVE 33,800 FINANCE 01-03-7202 MICRO COMPUTER SOFTWARE 3,383 MCCI, LLC ZONE OCR LICENSE / BASIC LSAP (MAINT.) FOR ZONE OCR 2014-223 01-03-7221 OTHER EXPENSE 2,500 STANLEY STEEMER CLEAN CHAIRS IN FINANCE AREA 2014-226 TOTAL FINANCE 5,883 INFORMATION SERVICES 01-05-3060 PROFESSIONAL SERVICES 14,000 INTERGRATED INNOVATIONS, INC.CUSTOM PROGRAMMING AND REPORTING SERVICES 2014-194 01-05-3060 PROFESSIONAL SERVICES 5,000 NEW WORLD SYSTEMS NEW WORLD DOT NET TRAINING 2014-195 01-05-3060 PROFESSIONAL SERVICES 5,000 SUNGARD PUBLIC SECTOR OSSI SYSTEM TRAINING 2014-196 01-05-7170 TRAVEL EXPENSE 4,500 TYLER TECHNOLOGIES ENERGOV ADMINISTRATOR TRAINING 2014-197 01-05-7202 MICRO COMPUTER SOFTWARE 20,000 NEW WORLD SYSTEMS ADD'L HR MODULE FOR APPLICANT TRACKING 2014-201 01-05-7202 MICRO COMPUTER SOFTWARE 25,000 ESRI ENTERPRISE LICENSE AGREEMENT, YEAR 3 OF 3 2014-202 01-05-9201 MICRO COMPUTER EQUIPMENT 20,000 CDW-G BACKUP SYSTEM STORAGE PLACEMENT 2014-199 01-05-9201 MICRO COMPUTER EQUIPMENT 20,000 MEDIA MANAGEMENT REPLACEMENT OF COUNCIL PRODUCTION EQ 2014-200 01-05-9201 MICRO COMPUTER EQUIPMENT 21,389 DELL COMPUTER CORPORATION DELL POWEREDGE R820 FILE SERVER REPLACEMENT / POWERVAULT 2014-203 TOTAL INFORMATION SERVICES 134,889 LIBRARY 01-06-2350 SUPPLIES & MATERIALS 1,500 JANWAY CONPANY USA, INC.PROMOTIONAL MATERIALS, TABLE DRAPE, BANNER 2014-224 01-06-2355 LIBRARY MATERIALS 11,000 INGRAM LIBRARY SERVICES INC BOOKS, DVD'S, AUDIOBOOKS 2014-218 01-06-3060 PROFESSIONAL SERVICES 2,300 HARRINGTON, KATHERYN KATHERYN HARRINGTON, MEETING ROOM FACILITATOR 2014-221 01-06-9100 OFFICE EQUIPMENT 2,619 MEDIA MANAGEMENT REPLACE CONFERENCE ROOM SCREENS 2014-198 TOTAL LIBRARY 17,419 ENGINEERING 01-20-3060 PROFESSIONAL SERVICES 5,586 RAYMOND L. GOODSON JR PROVIDE SERVICES FOR UTILITY WORK 2014-208 01-20-3060 PROFESSIONAL SERVICES 12,000 FREESE AND NICHOLS, INC.PROVIDE SERVICES FOR 30" SANITARY SEWER LINE 2014-217 TOTAL ENGINEERING 17,586 TRAFFIC DEPARTMENT 01-25-3060 PROFESSIONAL SERVICES 10,000 KIMLEY-HORN AND ASSOCIATES INC PLAN FOR HIGHALND PARK MIDDLE SCHOOL 2014-188 01-25-6350 SIGNAL MAINT. & REP 20,575 PARADIGM TRAFFIC SYSTEMS COMPLETE CABINET 2014-164 01-25-6350 SIGNAL MAINT. & REP 5,602 CONSOLIDATED TRAFFIC CONTROLS MASTER & REMOTE FLASHING BEACON - CUBE - SOLAR POWERED 2014-205 TOTAL TRAFFIC 36,177 FACILITY MAINTENANCE 01-35-3115 CONTRACT MAINTENANCE 3,478 CITY WIDE BUILDING SERVICES SEMI-ANNUAL WINDOW CLEANING AT CITY HALL AND PEEK 2014-9 01-35-3115 CONTRACT MAINTENANCE 1,087 CITY WIDE BUILDING SERVICES SEMI-ANNUAL GUTTER AND DOWNSPOUT CLEANING AT CITY HALL 2014-10 01-35-3115 CONTRACT MAINTENANCE 1,505 JOE W FLY COMPANY FILTERS FOR CITY HALL AND PEEK CENTER 2014-21 01-35-3115 CONTRACT MAINTENANCE 1,452 TRANE US, INC ONE ANNUAL AND THREE QUARTERLY PM CITY HALL BLDG AUTO SYSTEM 2014-50 01-35-3115 CONTRACT MAINTENANCE 1,452 TRANE US, INC ONE ANNUAL AND THREE QUARTERLY PM PEEK CTR BLDG AUTO SYSTEM 2014-51 01-35-3115 CONTRACT MAINTENANCE 4,475 ABM BUILDING SERVICES, LLC THREE QUARTERLY AND ONE ANNUAL HVAC PM 2014-53 01-35-3115 CONTRACT MAINTENANCE 48 SIMPLEXGRINNELL ANNUAL TEST & INSPECTION OF FIRE ALARM - PEEK CTR 2014-76 01-35-3115 CONTRACT MAINTENANCE 867 STEWART & STEVENSON SERVICES QUARTERLY PM OF EMERGENCY GENSET AT PEEK CTR 2014-95 01-35-3115 CONTRACT MAINTENANCE 325 TRIPLE B CLEANING, INC SEMI-ANNUAL CLEANING OF EXHAUST SYSTEMS 2014-96 EXHIBIT "A" CITY OF UNIVERSITY PARK, TEXAS FY2015 BUDGET AMENDMENT NO. 1 S:\FINANCE\FINANCE DIRECTOR\City Council\2014\10212014\Encumbrances FY2015.xlsx[EXH A 3:02 PM PAGE 2 OF 4 ACCOUNT ENCUMBRANCE NUMBER ACCOUNT DESCRIPTION AMOUNT VENDOR PO DESCRIPTION P.O. EXHIBIT "A" CITY OF UNIVERSITY PARK, TEXAS FY2015 BUDGET AMENDMENT NO. 1 01-35-3115 CONTRACT MAINTENANCE 438 STEWART & STEVENSON SERVICES QUARTERLY PM OF CITY HALL EMERGENCY GENERATOR 2014-97 01-35-3115 CONTRACT MAINTENANCE 836 SOUTHWASTE DISPOSAL, LLC GREASE TRAP CLEANING - CITY HALL AND PEEK CTR 2014-103 01-35-9950 CONTRACT MAINTENANCE 65000 GALLAGHER CONSTRUCTION CO REMODEL UPFD KITCHEN DAY ROOM 2014-184 TOTAL FACILITY MAINT.80,963 FIRE 01-40-2060 PROTECTIVE CLOTHING & SUPP 4,009 NAFECO LION V-FORCE COAT AND PANTS 2014-52 01-40-2060 PROTECTIVE CLOTHING & SUPP 4,009 NAFECO LION V-FORCE COAT AND PANTS W/ SUSPENDERS 2014-168 01-40-2060 PROTECTIVE CLOTHING & SUPP 11,303 HOYT BREATHING AIR PRODUCTS SCOTT AIR PAKS, FACE MASK, FREIGHT 2014-186 01-40-2060 PROTECTIVE CLOTHING & SUPP 8,200 NAFECO COATS AND PANTS 2014-230 01-40-2060 PROTECTIVE CLOTHING & SUPP 9,050 GT DISTRIBUTORS, INC DUTY BOOTS 2014-231 01-40-2345 MICU DRUGS & SUPPLIES 9,000 MOORE MEDICAL CORP MEDICAL SUPPLIES 2014-228 01-40-2345 MICU DRUGS & SUPPLIES 5,000 MATHESON TRI-GAS, INC SUPPLIES FOR MICU 2014-229 01-40-3115 CONTRACT MAINTENANCE 13,852 PHYSIO-CONTROL, INC MAINT. CONTRACTS FOR LIFE-PAKS 2014-187 01-40-7240 TUITION & TRAINING 9,000 TRAINING DIVISION.COM TRAINING FOR UPFD 2014-232 01-40-7240 TUITION & TRAINING 5,000 UT SOUTHWESTERN MEDICAL CENTER PARAMEDIC SCHOOL 2014-233 TOTAL FIRE 78,423 POLICE 01-50-2029 CLOTHING ALLOWANCE 3,200 GST PUBLIC SAFETY SUPPLY GENERAL ENCUMBRANCE 2014-227 01-50-3075 DIRECT ALARM MONITORING 5,000 ENGLANDER DIRECT ALARM YARD SIGNS 2014-225 01-50-3291 GUNS/EQUIPMENT 1,727 PRECISION DELTA CORP.AMMUNITION 2014-185 01-50-4121 911 SERVICE FEES 6,314 DFW COMMUNICATIONS INC MOTOROLA RADIO SERVICE AGREEMENT 2014-175 TOTAL POLICE 16,241 PARKS 01-70-2350 SUPPLIES & MATERIALS 1,647 B&H PHOTO NIKON D71OODSLR CAMERA KIT 2014-220 01-70-3115 CONTRACT MAINTENANCE 8,568 CARRUTHERS LANDSCAPE MANAGEMENT, INC ANNUAL CONTRACT - TURF MAINTENANCE 2014-44 01-70-3115 CONTRACT MAINTENANCE 5,310 MOORE DISPOSAL, INC.PORT-A-POTTY SERVICE 2014-106 01-70-6200 EQUIPMENT REPAIRS/NON-VEHICLE 2,110 STAHL HOLDINGS LLC 5HP FLOATING FOUNTAIN PUMP FOR WILLIAMS POND 2014-212 01-70-6380 FLOWERS, TREES & SHRUBS 1,490 SIMS GRASS RALEIGH ST. AUGUSTINE SOD 2014-211 01-70-7201 COMPUTER EQT UNDER $5,000 750 SPRINT GENERAL ENCUMBRANCE - I-PAD 2014-222 TOTAL PARKS 19,875 SWIMMING POOL 01-75-6189 SWIMMING POOL REPAIRS 5,500 PIERCE PUMP COMPANY, INC REPLACE PUMP/MOTOR AT BIG POOL 2014-214 01-75-7390 SWIMMING POOL EXPENSE 2,560 BSN SPORTS BEAM PADS, ROYAL BLUE 2014-215 TOTAL SWIMMING POOL 8,060 STREETS 01-80-6190 AUTO REPAIRS 6,231 ASCO PARTS & LABOR - REPAIR UNIT #2747 2014-206 NON-P.O.SIDEWALK REPAIR REIMBURSEMENT 107,500 N/A - NON P.O. ENCUMBRANCE N/A - NON P.O. ENCUMBRANCE XXXX-XXXX TOTAL STREETS 113,731 563,047 SANITATION 04-60-7392 CONTAINERS 12,916 SNYDER INDUSTRIES, INC.ASM DUMPSTERS, LIDS, HARDWARE KIT 2014-209 04-60-7392 CONTAINERS 16,880 SNYDER INDUSTRIES, INC.CONTAIANERS - SNYDER PLAZA 2014-210 TOTAL GENERAL FUND ENCUMBRANCES S:\FINANCE\FINANCE DIRECTOR\City Council\2014\10212014\Encumbrances FY2015.xlsx[EXH A 3:02 PM PAGE 3 OF 4 ACCOUNT ENCUMBRANCE NUMBER ACCOUNT DESCRIPTION AMOUNT VENDOR PO DESCRIPTION P.O. EXHIBIT "A" CITY OF UNIVERSITY PARK, TEXAS FY2015 BUDGET AMENDMENT NO. 1 TOTAL SANITATION 29,796 29,796 STORMWATER05-23-3060 PROFESSIONAL SERVICES 18,165 CARTEGRAPH SYSTEMS, INC STREET LEVEL IMAGERY AND MAPPING 2014-6205-23-9305 STORMWATER EXPENSES 108,813 FLOW-LINE CONSTRUCTION, INC CARUTH PARK IMPROVEMENTS 2014-165TOTAL STORMWATER 126,978 126,978 719,821$ TOTAL ALL FUNDS ENCUMBRANCES TOTAL STORMWATER FUND ENCUMBRANCES TOTAL SANITATION FUND ENCUMBRANCES S:\FINANCE\FINANCE DIRECTOR\City Council\2014\10212014\Encumbrances FY2015.xlsx[EXH A 3:02 PM PAGE 4 OF 4 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@F40515EF\@BCL@F40515EF.docx 3:45 PM 10/17/14 AGENDA MEMO 10/21/2014Agenda TO:Honorable Mayor and City Council FROM:Christine Green, City Secretary SUBJECT:Minutes of the September 24, 2014 CommunityMeeting–HPISD/City Natatorium Proposal and Minutes of the October 7, 2014 City Council Meeting BACKGROUND: Minutes of the September 24, 2014 Community Meeting –HPISD/City Natatorium Proposal and Minutes of the October 7, 2014 City Council Meeting are included for the Council’s review. RECOMMENDATION: City Hall 3800 University Blvd. University Park, TX 75205 City of University Park Meeting Minutes - Final City Council 7:00 PM Council ChamberWednesday, September 24, 2014 Community Meeting - HPISD/City natatorium proposal WELCOME: City Manager Robbie CorderI. City Manager Robbie Corder and HPISD Superintendent Dr. Dawson Orr each made brief opening remarks. They explained that the purpose of the meeting was to receive resident input on a proposal to build a joint-use (HPISD/City) natatorium adjacent to the existing Holmes Aquatic Center on Lovers Lane. Mr. Corder also introduced the consultants who will author a feasibility study on the proposed project. The study is intended to provide the City Council, HPISD and residents with substantial decision-making information. When completed in November or December, the full contents of the study will be made public and presented to the City Council during a regularly scheduled meeting. The City will post the date of that agenda item well in advance of the meeting. SUMMARY OF NATATORIUM PROJECT ISSUES: Ballard King & Associates II Ken Ballard, President of Ballard King, explained that the study will examine costs asscoiated with ongoing staffing, operational expenses, and maintenance of the facility. Page 1City of University Park September 24, 2014City Council Meeting Minutes - Final COMMUNITY INPUT: Ballard King & AssociatesIII The following individuals spoke: Scott Webster - 3552 Rankin Royal Furgeson - 3441 Westminster Liz Helton - 3505 Purdue Russell Fish - 3333 Rankin Isabel Blaylock - 3500 Rosedale Ann Burns - 3522 Rankin Richard Dafoe - 3442 Westminster Max Fuqua - 3219 Milton Ginger Webster - 3552 Rankin Greg Brendel - 3128 Bryn Mawr Bill Skelton - 3915 Wentwood Donald Malouf - 3445 Westminster John Burns - 3522 Rankin Haley Devault - 3533 Rankin Meg Hillert - 3313 Rankin Karen Zaner - 3548 Milton Randee Hefflefinger - 6620 Thackery Sydney McDole - 3100 Stanford John Weekley - 4236 Stanford Duncan Fulton - 3524 Rankin Pat Black - 4437 Windsor Parkway Robert Claycombe - 3520 Milton Sarah Harden - 3548 Rankin Mary Flo Ridley - 3537 Rankin ADJOURNMENTIV. City Manager Robbie Corder adjourned the meeting. Page 2City of University Park City Hall 3800 University Blvd. University Park, TX 75205 City of University Park Meeting Minutes City Council 5:00 PM Council ChamberTuesday, October 7, 2014 EXECUTIVE SESSION 3:05 - 3:42 P.M. Pursuant to TGC§ 551.072, the City Council met in closed session to discuss real estate matters. Pursuant to TGC§551.071(2), the City Council met in closed session to receive confidential legal advice from the City Attorney with regard to a potential use agreement for City facilities. No action was taken. Executive Conference Room, 1st Floor, City Hall. PRE-MEETING WORK SESSION(S) 4:00 - 4:30 P.M. The City Council met in open work session to review the Parks Department's 2014-15 Capital Improvements Program. No action was taken. Council Conference Room, 2nd floor, City Hall. 14-193 Parks Department’s 2014-15 Capital Improvements Program This Report was received. 4:30 - 5:00 P.M. The City Council met in open work session to receive agenda item briefings from staff. No action was taken. Council Conference Room, 2nd floor, City Hall. TO SPEAK ON AN AGENDA ITEM CALL TO ORDERI. Councilmember Bob Begert, Councilmember Dawn Moore, Councilmember Tommy Stewart, Councilmember Taylor Armstrong and Mayor Olin Lane Present:5 - INVOCATION: Fire Chief Randy HowellA. PLEDGE OF ALLEGIANCE: The following Boy Scouts from Troop 72 were present as part of earning the Citizenship in the Community merit badge: Hank Bishop, William Chaffe, William Hillesheim, Seth Pyle, Xander McLendon, Beau Raley, Jack Smith, and Ethan Schwartz. Charlie Philbin of Troop 82 was also present and was there as part of earning the Citizenship in the Community merit badge. The Scouts assisted Fire Chief Randy Howell and the City Council in leading the Pledge of Allegiance. B. Page 1City of University Park October 7, 2014City Council Meeting Minutes INTRODUCTION OF COUNCIL: Mayor Olin Lane, Jr.C. INTRODUCTION OF STAFF: Staff in attendance included Community Information Officer Steve Mace, Chief of Police Greg Spradlin, Director of Public Works Bud Smallwood, City Secretary Christine Green, Director of Parks & Recreation Gerry Bradley, Assistant to the City Manager George Ertle, Acting Community Development Director Jacob Speer, Library Director Sharon Martin, Fire Chief Randy Howell, and Purchasing Manager Elizabeth Anderson. D. AWARDS AND RECOGNITIONII. CONSENT AGENDAIII. 14-192 Consider and act on an ordinance amending the residential parking disrict to remove the 3000 block of Fondren and the addition of the north side of the 4300 block of Hyer City Manager Corder said that this ordinance amends the residential parking district to remove the 3000 block of Fondren Drive. This block is now owned by SMU and is therefore private property. The ordinance also adds the north side of the 4300 block of Hyer Street to the residential parking district near Highland Park High School as requested by resident petition. This Ordinance was adopted. Enactment No: ORD No.14/026 14-196 Consider approval of cooperative purchase of two vehicles for the Parks Department City Manager Corder said that this is a purchase of two pieces of replacement equipment for the Parks Department: a stump grinder and a multi-purpose maintenance truck. Both items are being purchased via BuyBoard cooperative contracts which satisfies competitive bidding requirements. The total purchase amount is $70,255.70. This Purchase was approved. 14-198 Consider approval of an Interlocal Agreement for Cooperative Purchasing with the City of Glenn Heights The City Manager said that this agreement will facilitate cooperative purchasing between University Park and Glenn Heights. The City is interested in participating in Glenn Heights' contract for EMS billing services, and this interlocal agreement would enable that cooperative purchase as well as others between the two cities. This Interlocal Agreement was approved. Page 2City of University Park October 7, 2014City Council Meeting Minutes 14-202 Consider approval of the minutes of the September 16, 2014 City Council meeting with or without corrections The Minutes were approved. Approval of the Consent Agenda A motion was made by Councilmember Armstrong, seconded by Councilmember Stewart, to approve the Consent Agenda. The motion carried by the following vote: Aye:Councilmember Begert, Councilmember Moore, Councilmember Stewart, Councilmember Armstrong, and Mayor Lane 5 - MAIN AGENDAIV. Mayor Pro Tem Begert read a statement prepared jointly by the City and school district as follows: Following substantial community input about the idea of building a natatorium in Curtis Park, the City of University Park and Highland Park ISD are in agreement that other sites will be studied and evaluated for a possible joint-use natatorium. HPISD will evaluate the merits of other potential locations and partnerships and will continue discussions with the City of UP. In conjunction with this evaluation process, the City of University Park will continue its feasibility study to help determine the financial viability of operating a joint natatorium facility with HPISD. Community input will continue to be an important part of the site selection process. 14-203 Discuss request from Karin Zaner, 3548 Milton, to address the City Council A motion was made by Councilmember Moore, seconded by Councilmember Stewart, to allow Karin Zaner to address the City Council. Councilmember Begert said that he wanted to hear Ms. Zaner speak, but that this should be an exception, not set precedent, for future similar requests. He also suggested a time limit of seven minutes for Ms. Zaner's presentation. Mayor Lane called for a vote on the amended motion. The motion carried by the following vote: Aye:Councilmember Begert, Councilmember Moore, Councilmember Stewart, Councilmember Armstrong, and Mayor Lane 5 - Page 3City of University Park October 7, 2014City Council Meeting Minutes Karin Zaner, 3548 Milton, addressed the Council. She said she represented the "Save Curtis Park" group, and she spoke in opposition to the proposed natatorium. She asked the Council to respond to the three items listed in the letter she submitted requesting to speak to the City Council: 1. Provide a description of the procedure that the City Council will follow as it explores the idea of a natatorium in Curtis Park; 2. Provide information about the legality of transferring City property and compliance with school finance laws; 3. Provide a public hearing with the City Council before other action is taken. Mayor Lane addressed Ms. Zaner and the audience. He said that the feasibility study is the first step to exploring the idea of building a joint-use City/HPISD natatorium in Curtis Park. He said that the City will present the results of the feasibility study and a process will be determined after that time. Councilmember Moore addressed the second part of Ms. Zaner's letter. She emphasized that there is no intent to transfer City property to HPISD. She said that it is important to see the results of the commissioned feasibility study before proceeding with any necessary legal opinions. Councilmember Begert addressed the third part of Ms. Zaner's letter. He emphasized that the City Council has discussed this subject in the light of day in accordance with the Texas Open Meetings Act. He said that this will be a public decision where the citizens will have input. He compared the process with that of the YMCA expansion, the George W. Bush Library, and the Park Cities Baptist Church parking garage in which the Council held public hearings and reviewed letters and e-mails from numerous citizens before making a decision. Ms. Zaner asked the Mayor to clarify where the City is in the process of this proposed natatorium. The Mayor replied that the City is at the beginning of the process and that the feasibility study is the first step. He emphasized that the City is awaiting the results of the feasibility study before proceeding. Ms. Zaner said that she wants public notice on each additional step related to this process. Dawn Moore said that she is surprised at the rumors and stories that have come from this group as no decisions have been made. Ms. Zaner said that she and the group are concerned about a May 2015 bond issue and a rush to get this done. Councilmember Begert said that a timeline hasn't been discussed, and what's included in the bond package is the school district's decision. Page 4City of University Park October 7, 2014City Council Meeting Minutes 14-191 Consider approval of engineering proposal for Mile-Per-Year Stanhope / Shenandoah and other alleys project (Project 47050) City Manager Corder said this an engineering services contract from Binkley and Barfield in the amount of $214,920 for the Mile-Per-Year project. There are five locations on the proposal for water and sewer improvements on Stanhope / Shenandoah and other alleys in the southwest part of the City. A motion was made that this Contract be adopted. The motion carried by the following vote: Aye:Councilmember Begert, Councilmember Moore, Councilmember Stewart, Councilmember Armstrong, and Mayor Lane 5 - 14-194 Consider approval of a proposal for Smith Park Playground Improvements City Manager Corder said that this is a proposal for playground improvements at Smith Park in the amount of $191,110.30. The project will include the replacement of the existing equipment, the installation of rubberized surfacing, shade structures, and the installation of new tables, benches and a drinking fountain. The proposal from GameTime (Total Recreation Products, Inc.) is via a BuyBoard cooperative contract, and this satisfies all competitive bidding requirements A motion was made that this Action Item be adopted. The motion carried by the following vote: Aye:Councilmember Begert, Councilmember Moore, Councilmember Stewart, Councilmember Armstrong, and Mayor Lane 5 - 14-201 Consider approval of a License Agreement with Extenet Systems, Inc. for Distributed Antenna Systems and small cell networks in the City’s public rights-of-way City Manager Corder said that this is a license agreement with ExteNet Systems, Inc. to use the City right-of-way and existing AT&T and Verizon poles for a Distributed Antenna System that would improve cell service within the City. The company is proposing to place five nodes in University Park and several others in Highland Park. The City will receive compensation for the use of the right -of-way. A motion was made by Councilmember Armstrong, seconded by Councilmember Stewart, that this License Agreement be adopted. The motion carried by the following vote: Aye:Councilmember Begert, Councilmember Moore, Councilmember Stewart, Councilmember Armstrong, and Mayor Lane 5 - Page 5City of University Park October 7, 2014City Council Meeting Minutes PUBLIC COMMENTSV. Beau Raley, 4551 Fairway, Highland Park, TX, and Boy Scout, Troop 72, spoke in opposition to building a natatorium in Curtis Park. He expessed concern about negative environmental effects to the park and surroundings during construction. ADJOURNMENTVI. Page 6City of University Park 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@FC05A07F\@BCL@FC05A07F.docx 4:06 PM 10/17/14 AGENDA MEMO 10/21/2014Agenda TO:Honorable Mayor and City Council FROM:Robbie Corder, City Manager SUBJECT:Consider & Act: Agreement between the City of University Park and the Jan and Trevor Rees-Jones Revocable Trust for improvements to McFarlin Boulevard(3801 McFarlin) BACKGROUND: The City of University Park has various locations throughout the community subject to flash flooding during significant rain events. The most dangerous location is on the 3800 block of McFarlin near Turtle Creek, just south of Williams Park. During a 100-year storm event, flood waters from Turtle Creek can crest five-feet (5’) over McFarlin Boulevard between Williams Parkway and Park Street. For several years, the City has studied various options that would lower the floodplain in this location; however, the magnitude of various improvements needed to McFarlin Boulevard, Williams Park and water impounding dams downstream have made the project cost prohibitive in the past. In connection with property redevelopment south of McFarlin, the City has been in negotiationswith property owners immediately south of McFarlin Boulevard to address this critical flooding problem. The proposed agreement between the City of University Park and the Jan and Trevor Rees-Jones Revocable Trust represents a public/private partnership that would allow the City to proceed with necessary infrastructure improvements to correct the flooding in this area. In exchange for the Jan and Trevor Rees-Jones Revocable Trust designing and constructing a dam on private property (at their sole cost) to replace the existing McElvaney Dam, the terms of the proposed agreement would require the City to be responsible for the following items: Ongoing operation, maintenance, and repair of the newly constructed dam south of McFarlin Boulevard; and Reconstruction of McFarlin Boulevard between Williams Parkway and Park Street for installation of a new bridge across Turtle Creek. The City Council previously authorized the necessary design work for improvements to McFarlin Boulevard earlier this year during theAugust 19th City Council meeting. The Parks Advisory Committee and the Urban Design and Development Advisory Committee have reviewed the proposed concept plans, and unanimously recommended approval. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@FC05A07F\@BCL@FC05A07F.docx 4:06 PM 10/17/14 RECOMMENDATION: Staff recommends approval of the proposed agreement between the City of University Park and the Jan and Trevor Rees-Jones Revocable Trust. Agreement Regarding McFarlin Improvements TM 67950 D-2269541 AGREEMENT REGARDING MCFARLIN IMPROVEMENTS ThisAGREEMENT REGARDING MCFARLIN IMPROVEMENTS(“Agreement”)is made and entered into as of the ___ day of _____________ 2014(the “Effective Date”), by and between TREVOR DAVID REES-JONES, TRUSTEE OF THE JAN ANDTREVOR REES-JONES REVOCABLE TRUST CREATED PURSUANT TO TRUST AGREEMENT DATED AUGUST 27, 2008(“TRJ”),and theCityofUniversityPark, a municipal corporation(the “City”). RECITALS: WHEREAS,TRJowns certain real property located in the City of University Park, Dallas County, Texas, as more particularly depictedon Exhibit “A”attached hereto and made a part hereof (the “Premises”). WHEREAS, TRJ intends to constructa bridge over Turtle Creek (the “TRJ Bridge”), and shall consider constructing a dam (the “Dam”)within the structure of the TRJ Bridge, both on the Premises. WHEREAS, the City desires to rebuild thebridge across Turtle Creek on McFarlin Blvd in the general location shown on Exhibit “B”attached hereto and made a part hereof (the “McFarlin Bridge”) with respect to the Premisesto (i) equalize the water levels on both sides of McFarlin Blvd and (ii) through the operation of the Dam,to reduce the risk ofwater cresting over McFarlin Blvd at flood stage. NOW, THEREFORE,in consideration of the mutual agreement herein contained, TRJ and the City covenant and agree as follows: AGREEMENT: 1.Design Construction of Dam. TRJ shalldesign and construct the TRJ Bridge and Dam, and shall remove the existing McElvaneydam, at his sole cost and expense. The TRJ Bridge and Dam shall at all times be owned by TRJ. During construction of the Dam, at such time as the adjacent pool of Turtle Creek is drained and a cofferdam is in place, TRJ agrees to de-silt the portion of Turtle Creek located on the Premises south of McFarlin Blvdat his sole cost and expense. 2.Maintenance and Operation of Dam. Upon completion of construction of the Dam, the City shall be solely responsible for the operation, maintenance and repair of the Dam(including, without limitation,any regulatory compliance),at its sole cost and expense.In connection with the City’s operation, maintenance and repair obligations, TRJ agrees to grant to the City, and the City acknowledges that its right to access the Premises is limited to, the following easements: a.An easement over a tract no larger thantwenty-sixfeetby twenty feet(26’ by20’) for a dam control structure on the North property line of Lot6 or 8, Windsor Park Addition,along with an easement that istenfeet(10’) wide alongthe North property line of Lots 6 and 8, Windsor Park Addition, for installing an underground conduit for electric and pneumatic lines running from such control structure to the Dam, with each such easement in an exact location to be determined by TRJ in his sole discretion. b.Aneasement from Windsor Circle to the Dam,in an exactlocation to be determined by TRJ in his sole discretion,for use by the City. Use of the easement shall be limited to normal business hours on weekdays,except in the event of emergency. Agreement Regarding McFarlin Improvements TM 67950 D-2269541 c.An easementfor placement of City equipment used for de-silting the Turtle Creek pool located south of McFarlin Blvdon the Premises; provided, however, such easement shall be exclusively within the creek bed of Turtle Creek located on Lots 5 & 8, Windsor Park Addition(for the avoidance of doubt, the City shall not be permitted to access or place any equipment on the Premises that is outside of such creek bed). The City shall bear the cost of all future de-silting operations once the Dam has been completed and become operational. No silt removed from the creek bed shall be placed on the Premises or other land owned or acquired in the future by TRJ. d.In the event the City fails or refuses to operate, maintain and repair the Dam, TRJ shall have theright to remove or disable the Dam from the TRJ Bridge and to terminate the foregoing easements in his sole discretion. 3.Construction of McFarlin Bridge. The Cityshall, through appropriate action by the City Council, rebuild the McFarlin Bridge in accordance with the City’s current design and on a time schedule that is parallel to the construction of the TRJ Bridge and Dam. 4.Turtle Creek Water Level.After the City completes construction of the McFarlin Bridgeandrenovation and the installation of the Dam is complete, the City intends to operate the Dam to achieve a water level of 527feetabove sea level, which level is above the current water level of 524.50 feetabove sea level in the pool south of McFarlin Blvd. Because TRJ’s willingness to build the Dam is purely a civic gesture given that the Dam does not impact the Bridge or construction of the TRJ residence on Lot 5, Windsor Park Addition, the City assumes all responsibility and liability for the increased water level in the pool south of McFarlin Blvd, including the obligation to obtain any permits or consents from regulatory bodies or affected landowners. Notwithstanding the foregoing, if for any reason the Dam is initially constructed to achieve its current water level of 524.50feet above sea level in the pool south of McFarlin Blvd (including, without limitation, the City’s inability to obtain necessary approvals for increasing the water level), and the City subsequently requests that the Dam be reconstructed or altered to achieve a water level of 527 feet above sea level in such pool, any such reconstruction, alteration or retrofitting of the Dam shall be approved by TRJ and shall be at the City’s sole cost and expense. 5.Safety Matters, Indemnification, Insurance and Risk Transfer. a.Safety Matters. Each party hereto shall take all safety measures reasonably required to protect the other party and the property of each from injury or damage caused by or resulting from the performance of its respective obligations under this Agreement. b.Indemnificationby the City. With respect to work to be performed hereunder, the operation and maintenance of the Dam, and the water levels in Turtle Creek affected thereby, the City agrees to indemnify, defend and hold harmless TRJ and his employees, agents, servants and invitees (the “TRJ Parties”) from any and all loss, damage, liability, cost or expenses, including, but not limited to, reasonable attorneys’ fees, court costs and other sums which the TRJ Parties may pay or become obligated to pay on account of any, all and every demand or claim, or assertion of liability, or any claim or action founded thereon arising or alleged to have arisen out of any act, omission or breach of the City, or its agents, servants and employees, whether such claim or claims, action or actions be for damages, injury to person or property, including the property of the TRJ Parties, or death of any person, made by any person, group or organization. c.Insurance or Risk Transfer. During performance of all of its obligations under this Agreement, the City agrees that it shall, at its own expense (and shall cause any third party contractor to) maintain in force a policy or policies or a similar Liability Coverage Document written by one or more Agreement Regarding McFarlin Improvements TM 67950 D-2269541 responsible insurance carriers licensed to do business in the State of Texas, or by the Texas Municipal LeagueIntergovernmental Risk Pool(the “Pool”), which shall insure or protect the City against liability for bodily injury to and/or damage to property of any person or persons, with coveragelimits in an amount reasonably acceptable to TRJ. Moreover, the City will endorse its PoolLiability Coverage Document to include the Pool's Indemnification underContract Endorsement EL217,with specific reference to this Agreement.The City will also take all steps necessary to make sure that the Pooladds all necessary classifications to its General Liability schedule of exposures to make sure that the subject-matter of this Agreement is covered. d.Mechanics’ Lien Indemnification. The City shall indemnify,defend and hold harmless TRJ from and against all mechanics’, materialmen’s and laborers’ liens and all cost, loss, expenses and liabilities arising from performance of its obligations under this Agreement. 6.Williams Parkway Tract. The City shall grant toTRJ a license agreement (the “License”) in the form of Exhibit “D” attached hereto on the real property identified on Exhibit “C”attached hereto (the “Williams Parkway Tract”). Subject to approval by the Board of Adjustment of a Special Exception for placement of a fence and/or gate on the Williams Parkway Tract under the provisions of Section 28-106 (a) of the University Park Zoning Ordinance,TRJ intends to install a fence and gate on the Williams Parkway Tract,which fence and gate shall not be closerthan twenty feet (20’) from McFarlin Blvd. In the future, in consideration of the covenants by TRJ contained herein, should the City become able to convey title to the Williams Parkway Tract without any conditions or encumbrances created prior to the date hereof, the City agrees to convey the Williams Parkway Tract to TRJ. Upon any such conveyance, the portion of the Premises commonly referred to as Lot 5, Windsor Park Addition, shall, at TRJ’s cost and expense, be re-platted to include the Williams Parkway Tract. 7.Miscellaneous Provisions. a.Amendment. This Agreement may not be modified or amended, except by an agreement in writing signed by the parties hereto. b.Entire Agreement. This Agreement constitutes the entire agreement among the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings of the parties in connection therewith. c.Multiple Counterparts. This Agreement may be executed simultaneously in two or more faxed counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. d.Construction. The parties acknowledge that they have had the opportunity to be represented by counsel in connection with this transaction and thatthis Agreement shall be interpreted according to its fair construction and shall not be construed against either party. e.Binding Agreement; Assignment. This Agreement shall be binding upon and inure to the benefit of the heirs, successors, affiliates, administrators, executors, and permitted assigns of the respective parties. This Agreement may not be assigned by TRJwithout the prior written consent of the City, not to be unreasonably withheld; provided, however, no such consent shall be required in connection with a transfer of the Premises by TRJ to a subsequent owner. Agreement Regarding McFarlin Improvements TM 67950 D-2269541 f.Limitation on Liability. It is acknowledged and agreed by the parties that the terms hereof are not intended to and shall not be deemed to create a partnership or joint venture among the parties. It is understood and agreed between the parties that TRJand the City, in satisfying their respectiveresponsibilities underthis Agreement, have acted independently, and subject to the indemnities contained herein, neither party assumes the responsibilities or liabilitiesof the other partyto third parties in connection with suchactions. TRJ agreesto indemnify and hold harmless the City from all claims, suits, and causes of actions, liabilities and expenses, including reasonable attorney’s fees, of any nature whatsoever arising out of TRJ’s performance of the conditions in Section 1of this Agreement. g.Authorization. Each party represents that it has full capacity and authority to grant all rights and assume all obligations that is granted and assumed under this Agreement. h.Notice. Any notice required or permitted to be delivered hereunder shall be deemed received three (3) days thereafter sent by United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the party at the address set forth below or on the day actually received as sent by courier or otherwise hand delivered. If intended for City, to: City of University Park Attn: City Manager 3800 University Blvd. University Park, Texas 75205 With a copy to: Robert L. Dillard III Nichols, Jackson, Dillard, Hager & Smith, L.L.P. 1800 Ross Tower 500 North Akard Dallas, Texas 75201 If intended for TRJ: Dennis Coe 5956 Sherry Lane, Suite 1500 Dallas, Texas 75225 With a copy to: David Hundley 5956 Sherry Lane, Suite 1500 Dallas, Texas 75225 i.Governing Law. This Agreement shall be governed by the laws of the State of Texas; and exclusive venue for any action concerning this Agreement shall be in the State District Court of Dallas County, Texas. The parties agree to submit to the personal and subject matter jurisdiction of said Court. j.Severability. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect other provisions, and it is the intention of the parties to this Agreement that in lieu of each provision that is found to be illegal, invalid, or unenforceable, a provision be added to this Agreement which is legal, valid and enforceable and is as similar in terms as possible to the provision found to be illegal, invalid or unenforceable. k.Exhibits. Any exhibits to this Agreement are incorporated herein by reference for the purposes wherever reference is made to the same. l.Survivalof Covenants. Any of the representations, warranties, covenants, and obligations of the parties, as well as any rights and benefits of the parties, pertaining to a period of time Agreement Regarding McFarlin Improvements TM 67950 D-2269541 following the termination of this Agreement shall survive termination. IN WITNESS WHEREOF,the parties have executed this Agreement as of the date first above written. TREVOR DAVID REES-JONES TRUSTEE OF THE JAN AND TREVOR REES-JONES REVOCABLE TRUST CREATED PURSUANT TO TRUST AGREEMENT DATED AUGUST 27, 2008 THE CITY OF UNIVERSITY PARK,TEXAS By: Name: Its: Agreement Regarding McFarlin Improvements Exhibit A TM67950 D-2269541 EXHIBIT A The Premises Agreement Regarding McFarlin Improvements Exhibit B TM67950 D-2269541 EXHIBIT B Agreement Regarding McFarlin Improvements Exhibit C TM67950 D-2269541 EXHIBIT C 2 EXHIBIT D License Agreement LICENSE AGREEMENT CITY OF UNIVERSITY PARK ****************************************************************************** This License Agreement (the “Agreement”), effective as provided herein (the “Effective Date”), is between the City of University Park, Texas, a home rule municipal corporation of the State of Texas (the “City”), and Trevor David Rees-Jones, Trustee of the Jan and Trevor Rees-Jones Revocable Trust created pursuant to Trust Agreement dated August 27, 2008 (the “Licensee”). RECITALS WHEREAS, the Licensee desires to place, install, and maintain certain improvements (the “Improvements”) in, under, or upon a City right-of-way, easement or property (the “Property”) to benefit the Licensee’spremises at3801 McFarlin Blvd, University Park, Dallas County, Texas (the “Premises”); and WHEREAS, such Improvements are more specifically shown on Exhibit “A”attached hereto; and WHEREAS, the City desires to grant Licenseea license and privilege to place, install, remove and maintain the Improvements on the Property subject to and upon the terms set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement, the City and Licenseeagree as follows: I. GRANT OF LICENSE 1.1 License to Maintain Certain Articles on Property. The City hereby licenses and authorizes the Licenseeat all times during the term of this Agreement the exclusive right to place, install, remove, and maintain the Improvements on the Property according to specifications reasonably acceptable to Licensee, including, without limitation, those identified onExhibit “A”attached, subject to the terms and conditionscontained in this Agreement; provided, however, Licensee shall not be obligated to install any such Improvements. 1.2 Exclusive Use. The Licensee, itsheirs, executors, successors and assigns, may place, install, and maintain on the Property the Improvements to be used exclusively for the benefit of the Premises. II. CONDITIONS PRECEDENT AND EFFECTIVE DATE 2.1 Prior Plan.With this Agreement, the Licenseehereby submitsto the Community Development Manager and the Director of Public Works of the City plans for the placement, arrangement, and installation of the Improvements. 2.2 Review by City. The Director of Public Works or his representative shall review the plans and make modifications to the plans that he, in his sole discretion, considers reasonably necessary or appropriate for the preservation of the public health, safety, and welfare of the City. 2.3 Approval and Effective Date. This Agreement and the rights and obligations hereunder shall become effective when the Director of Public Worksor his representative has approved the plans. The Licenseeagreesto place, arrange, or install the Improvements on the Property according to the approved plans. The Licenseeshall not 3 place, arrange, or install any articles on the Property before the plans have been approved. The City retains the right to remove any article or all articles placed in, under, or onto the Property at any time upon at least five (5) days prior written notice to Licenseeand retains the right to modify or amend the plans atany time after the Effective Date of this Agreement (but prior to the installation of the Improvements), upon reasonable notice to the Licensee, such notice informing the Licenseeof the purpose and reasonableness of the modification(s) or amendment(s). III. INDEMNIFICATION AND INSURANCE 3.1 Liabilities, Losses, or Damages.Licenseeagreesto defend, hold and save harmless the City, its officers, agents and employees from any liability, claims, costs, expenses or damages incurred by the Citythat result from claims by third parties, including expenses of litigation and attorneys’fees, as a result or arising out of the use, maintenance, placement, installation, operation, or removal of the Improvements by Licensee, itscontractors, agents or employees(“Third Party Claims”), and Licenseecovenantsand agreesto pay to or indemnify the City for payment of the full amount of any such Third Party Claims. City agrees that it will give Licenseenotice in writing of any Third Party Claimwithin five (5) business days after it receives such claim. Licenseeagreesthat itwill assume the obligation to defend, adjust through insurance, and, if necessary, pay such Third Party Claimto the City or the third party incurring the same. 3.2 Period Covered.The indemnity provided by this Agreement will extend from the date of this Agreement to the termination of this Agreement. 3.3 Expenses, Attorneys’Fees, and Costs.If the City, in the enforcement of Paragraph 2.3 of this Agreement, shall incur necessary expenses,or become obligated to pay attorneys’fees or court costs, the Licenseeagreesto reimburse the City promptly for such expenses, attorneys’fees, or costs after receiving notice from the City of the incurring of such expenses, costs, or obligations. 3.4 Notice of Claim Against.The City agrees to give the Licenseeprompt written notice of any claim made against the City on the obligations assumed by the Licenseehereunder. 3.5 Limitation on Liability.The City and the Licenseeagree that the provisions of Article III of this Agreement shall not in any way limit the liability of the Licensee. 3.7 Insurance. A.Licenseeagreesto cause and require any contractor constructing and installing the Improvements to carry and maintain Commercial General Liability Insurance in amounts not less than those established as maximum recovery limits recoverable against the City under the Texas Civil Practice and Remedies Code, as amended; and B.Licenseeagreesto carry and maintain, during the entire term of this Agreement, Personal Liability or Homeowner’s insurance in amounts not less than those required under A. above. Such policies of insurance shall be issued by companies authorized to conduct business in the State of Texas and shall name the City as additional insured. Certificates evidencing such insurance contracts and certified copies of such insurance contracts shall be deposited with the Risk Manager for the City. The policy limits provided in the Agreement shall change in accordance with the provisions for maximum liability under the Texas Civil Practice and Remedies Code. Such certificates shall require thirty days’written notice to the City in the event of default by Licenseeor termination of any coverage. [NTD: SUBJECT TO REVIEW BY LICENSEE’S INSURANCE PROVIDER; CITY TO PROVIDE MAXIMUM RECOVERY LIMITS] IV. ASSIGNMENT 4 4.1 Nonassignable.This License is personal to the owner of the Premises and is non-assignable, except when the Premises is conveyed by Licensee, in which case, this License may be assigned by Licenseeto a subsequent owner, provided such assignment is in writing, specifically requires the assignee to agree to and abide by the terms of this Agreement, is signed by the assignee, and recorded in the real property records of Dallas County, Texas. Any other attempt to assign this License will terminate the License granted to Licenseeunder this Agreement. V. TERMINATION 5.1 Terminable at Will.This Agreement is terminable by either party at will by the giving of ninety (90) days’written notice to the other party. VI. GENERAL PROVISIONS 6.1 Governing Law.The validity of this Agreement, the construction and enforcement of its terms, and the interpretation of the rights and duties of the partiesshall be governed by the laws of the State of Texas. Exclusive venue of any action hereon shall lie in Dallas County, Texas 6.2 Amendment.No amendment, supplement, or waiver of this Agreement or any of its provisions shall be binding upon the parties hereto unless made in writing and duly signed by all parties. 6.3 Waiver.A failure or delay of the City to enforce at any time any of the provisions of this Agreement, or to exercise any option that is provided in this Agreement, or to require at any time performance of any of the provisions of this Agreement, shall in no way be construed to be a waiver of such provision of this Agreement. 6.4 Entirety of Agreement.This Agreement constitutes the entire Agreement between the City and the Licenseeand supersedes all previous agreements, promises, representations, whether written or oral, between the City and the Licenseewith respect to the subject matter of this Agreement. 6.5 Heading.The article and section headings in this Agreement are for convenience only and do not constitute part of this Agreement. 6.6 Sole Benefit.Nothing expressed or referred to in this Agreement is intended or shall be construed to give any person, firm, or entity, other than the City or the Licensee, any legal or equitable right, remedy, or claim under or in respect to this Agreement or any provisions in this Agreement. It is the intention of the City and the Licenseethat this Agreement, the assumption of obligations and statements of responsibilities herein, and all conditions and provisions of this Agreement are for the sole benefit of the City and the Licensee, and for the benefit of no other person, firm, or entity. 6.7 Notice.Any notices or other communications required or permitted to be given under this Agreement, unless otherwise specifically provided, shall be deemed given, if sent by first-class mail, postage prepaid, to such party at its address set forth below and shall be effective as of the date of actual delivery of the notice. Either party may change its notice address by a written notice as provided herein. 5 If to the City: City Manager City of University Park Dallas, Texas75225Box 8005 University Park, Texas75205-0005 If to Licensee: Dennis Coe 5956 Sherry Lane, Suite 1500 Dallas, Texas 75225 With a copy to: David Hundley5956 Sherry Lane, Suite 1500 Dallas, Texas 75225 6.8 Recording. The Licenseemust record this License in the Real Property Records of Dallas County, Texas, and provide written documentation that such recording has been completed. [Signature Pages Immediately Follow] Agreement Regarding McFarlin Improvements Exhibit D TM67950 D-2269541 IN WITNESS WHEREOF, the City and the Licensee, acting in person or through their respective duly authorized representative have caused this Agreement to be signed in their names and delivered as of the date first above written. This Agreement shall be effective on the last date signed below. CITY OF UNIVERSITY PARK 3800 University Blvd. University Park, TX 75205 By: ___________________________________ Robbie Corder City Manager Date: ________________________ LICENSEE: By: Trevor David Rees-Jones Trustee of the Jan and Trevor Rees-Jones Revocable Trust created pursuant to Trust Agreement dated August 27, 2008 Date:________________________ Agreement Regarding McFarlin Improvements Exhibit D TM67950 D-2269541 ACKNOWLEDGMENTS STATE OF TEXAS ) ) COUNTY OF DALLAS) BEFORE ME, the undersigned authority, on this day personally appeared Trevor David Rees-Jones and Janice Marie Rees-Jones, Trustees of the Jan and Trevor Rees-Jones Revocable Trust created pursuant to Trust Agreement dated August 27, 2008, known to me to be the person/persons whose name is subscribed to the foregoing instrument as GRANTOR, and acknowledged to methat the he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the _____ day of _________________, 2014. Notary Public, State of Texas STATE OF TEXAS ) )CITY OFUNIVERSITY PARK, TEXAS COUNTY OF DALLAS) This instrument was acknowledged before me on the _____ day of __________ 2014, by Robbie Corder, City Manager of the CITY OF UNIVERSITY PARK, TEXAS, a home-rule municipal corporation, on behalf of such corporation. Notary Public, State of Texas Agreement Regarding McFarlin Improvements Exhibit D TM67950 D-2269541 Exhibit A IMPROVEMENTS 1.Gate operated by remote control 2.Privacy wall consistent with the wall surrounding other portions of the Premises 3.Driveway resurfacing 4.Landscaping 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@FC059BA7\@BCL@FC059BA7.docx 4:06 PM 10/17/14 AGENDA MEMO 10/21/2014Agenda TO:Honorable Mayor and City Council FROM:Robbie Corder, City Manager SUBJECT:Consider & Act: Agreement between the City of University Park and the Estate of Adele N. Seybold(3805 McFarlin) BACKGROUND: The City of University Park has various locations throughout the community subject to flash flooding during significant rain events. The most dangerous location is on the 3800 blockof McFarlin near Turtle Creek, just south of Williams Park. During a 100-year storm event, flood waters from Turtle Creek can crest five-feet (5’) over McFarlin Boulevard between Williams Parkway and Park Street. For several years, the City has studied various options that would lower the floodplain in this location; however, the magnitude of various improvements needed to McFarlin Boulevard, Williams Park and water impounding dams downstream have made the project cost prohibitive in the past. In connection with property redevelopment south of McFarlin, the City has been in negotiationswith property owners immediately south of McFarlin Boulevard to address this critical flooding problem. The proposed agreement between the City of University Park and the Estate of Adele N. Seybold representsa public/private partnership that would allow the City to proceed with necessary infrastructure improvements to correct the flooding in this area. The proposed improvements to address flooding in this areawill result in the raising of the pool elevation south of McFarlin by two and a half feet (2.5’). Raising the pool elevationby this amount will cause the bank of the creek to further encroach onto the property of the Estate of Adele N. Seybold. Additional retaining walls are necessary to prevent encroachment of the creek. Under the proposed terms of the agreement the Estate of Adele N. Seybold agrees to pay for seventy-five percent (75%) of the construction costs associated with the retaining walls on the property located at 3805 McFarlin, up to a maximum of $75,000. The remaining balance of the construction costs will be funded by the City of University Park. The City is responsible for design and construction administration of the walls. RECOMMENDATION: Staff recommends approval of the proposed agreement between the City of University Park and the Estate of Adele N. Seybold. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@FC059BA7\@BCL@FC059BA7.docx 4:06 PM 10/17/14 Agreement Regarding Improvements 67888 AGREEMENT REGARDING IMPROVEMENTS THIS AGREEMENT REGARDING IMPROVEMENTS(“Agreement”)is made and entered into as of the ___ day of _____________ 2014(the “Effective Date”), by and between the Estate of Adele N. Seybold, by John P. Locke, Executor(“Owner”)and theCityofUniversityPark, a municipal corporation (the “City”). RECITALS: WHEREAS,Ownerowns certain real property located in the City of University Park, Dallas County, Texas, described asJenkins Subdivision of Tract 3, Lots 1, 2, and 60’ of Lot 3, containing .47 acres, more or less, and commonly known as 3805 McFarlin Boulevard, University Park, Dallas County, Texas(the “Premises”); WHEREAS, Ownerand the City desire to jointly construct certain improvements, consisting of a concrete retaining wall at the edge of the waters of Turtle Creek abuttingthe Premises,betweenthe City right-of-way of McFarlin Boulevardand the property abutting the Premises on the south,a distance of approximately 178 feet across where the retaining wall is currently shown on a plat furnished City by Owner, to an elevation of 528’ Mean Sea Level(“MSL”) (the “Improvements”);and WHEREAS, the Improvements will protect the Premises and other private and public property from erosion by the waters of Turtle Creekand provide a means to request removal ofthe Premises from the 100 year flood plain as currently shown on the Flood Insurance Rate Map adopted by FEMA; NOW, THEREFORE,in consideration of the mutual agreement herein contained, Ownerand the City covenant and agree as follows: AGREEMENT: 1.Design and Construction of Improvements; Easements; Payment of the Costs. The City shalldesign and construct the Improvementsin accordance with any applicable City construction standards. The Ownerwill grant the City a temporary construction easementon the Premises as necessary to construct any part of the Improvements. Upon completion and acceptance of the Improvements by the City, the temporary construction easementwill terminateand the City will petition FEMA (and bear the associated expense) to request removal ofthe Premises from the flood plain insofar as is possible.After the construction bids have been submitted and approved by the City Council, but prior to execution by the City of acontract for theconstruction of the Improvements,Owneragreesto deposit the sum of $75,000.00 into an escrow account established by the City in a federally insured bank agreeable to Ownerfor the purpose of paying the agreed upon costs of the construction of the Improvements(the “costs”). The Owneragreesto pay up to 75% of the costs, not to exceed the sum of $75,000.00. Use of the escrow account will be limited to payment of the costsof construction. The City agrees to pay the costs attributable to the engineering and design and the balance of the costsof constructionover $75,000.00, without limitation. The escrow account will be in the name of the Cityand designated for use only for payment of the costs of the Improvementswith respect to the stated 178 feet as described above, with the City Manager as sole signatory on the account. A drawon the account will be made by the City Manager only upon receipt by the City of an invoice or draw request from a contractor engaged in construction (not the design or engineering) of the Improvements and a copy of the invoice or request and the check in payment thereof will be furnished Ownerby mail.Any dispute of the amounts paid will be subject to arbitration. Owner may request a status audit of the escrow account at any time after deposit through completion of construction. Such request for an accounting shall be Agreement Regarding Improvements 67888 responded to within five (5) days of the request. The city agrees to provide a timeline for the project and to inform the Owner of any changes that occur in this timeline. Should the costs not exceed $100,000.00; a refund of the balance of the $75,000.00 will be made to Ownerby the City. 2.Turtle Creek Water Level.When the City completes construction of the Improvements, the static water level of TurtleCreek will be raised from 524.5’MSL to 527’MSL. The City assumes all responsibility and liability for the increased water level in the pool south of McFarlin Blvd, including the obligation to obtain any permits or consents from regulatory bodies or affected landowners. Owner will provide City an easement for placement of City equipment used for de-silting the Turtle Creek pool located south of McFarlin Blvd on the Premises; provided, however, such easement shall be exclusively within the creek bed of Turtle Creek located on the Premises(for the avoidance of doubt, the City shall not be permitted to access or place any equipment on the Premises that is outside of such creek bed). The City shall bear the cost of all future de-silting operations once the Dam has been completed and become operational. No silt removed from the creek bed shall be placed on the Premises or other land owned or acquired in the future by Owner. 3.Safety Matters, Indemnification, Insurance and Risk Transfer. a.Safety Matters. Each party hereto shall take all safety measures reasonably required to protect the other party and the property of each from injury or damage caused by or resulting from the performance of this Agreement. b.Indemnification. With respect to work to be performed hereunder, the City agrees to indemnify, defend and hold harmlessOwnerand itsemployees, agents,servants and invitees (the “OwnerParties”) from any and all loss, damage, liability, cost or expenses, including, but not limited to, reasonable attorneys’ fees, court costs and other sums which the OwnerParties may pay or become obligated to pay on account of any, all and every demand or claim, or assertion of liability, or any claim or action founded thereon arising or alleged to have arisen out of any act, omission or breach of the City, or its agents,servants and employees, whether such claim or claims, action or actions be for damages, injury to person or property, including the property of the OwnerParties, or death of any person, made by any person, group or organization. c.Insurance or Risk Transfer. During performance of all of its obligations under this Agreement, the City agrees that it shall, at its own expense (and shall cause any third party contractor to) maintain in force a policy or policies ora similar Liability Coverage Document written by one or more responsible insurance carriers licensed to do business in the State of Texas, or by the Texas Municipal League Intergovernmental Risk Pool(the “Pool”), which shall insure or protect the City against liability for bodily injury to and/or damage to property of any person or persons. Moreover, the City will endorse its PoolLiability Coverage Document to include the Pool's Indemnification Under Contract Endorsement EL217,with specific reference to this Agreement.The City will also take all steps necessary to make sure that the Pooladds all necessary classifications to its General Liability schedule of exposures so that the subject-matter of this Agreement is covered. 4.Miscellaneous Provisions. a.Amendment. This Agreement may not be modified or amended, except by an agreement in writing signed by the parties hereto. Agreement Regarding Improvements 67888 b.Entire Agreement. This Agreement constitutes the entire agreement among the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings of the parties in connection therewith. c.Multiple Counterparts. This Agreement may be executed simultaneously in two or more faxed counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. d.Construction. The parties acknowledge that they have had the opportunity to be represented by counsel in connection with this transaction and that this Agreement shall be interpreted according to its fair construction and shall not be construed against either party. e.Binding Agreement; Assignment. This Agreement shall be binding upon and inure to the benefit of the heirs, successors, affiliates, administrators, executors, and permitted assigns of therespective parties. This Agreement may not be assigned by Owner, except to the subsequent owners of the Premises, without the prior written consent of the City. f.Limitation on Liability.It is acknowledged and agreed by the parties thatthe terms hereof are not intended to and shall not be deemed to create a partnership or joint venture among the parties. It is understood and agreed between the parties that Owner, in satisfying the conditions of this Agreement, hasacted independently, and the City assumes no responsibilities or liabilities to third parties in connection with these actions. Owneragreesto indemnify and hold harmless the City from all such claims, suits, and causes of actions, liabilities and expenses, including reasonable attorney’s fees, of any nature whatsoever arising out of Owner’s performance of the conditions of this Agreement. g. Authorization. Each party represents that it has full capacity and authority to grant all rights and assume all obligations that aregranted and assumed under this Agreement. h. Notice. Any notice required or permitted to be delivered hereunder shall be deemed received three (3) days thereafter sent by United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the party at the address set forth below or on the day actually received as sent by courier or otherwise hand delivered. If intended for City, to: City of University Park Attn: City Manager3800 University Blvd. University Park, Texas75205 With a copy to: Robert L. Dillard III Nichols, Jackson, Dillard,Hager & Smith, L.L.P. 1800 Ross Tower 500 North Akard Dallas, Texas 75201 Agreement Regarding Improvements 67888 If intended for Owner: Estate of Adele N. Seybold John P. Locke, Executor 3701 Southwestern Blvd. University Park, Texas 75225-7222 i.Governing Law. This Agreement shall be governed by the laws of the State of Texas;and exclusive venue for any action concerning this Agreement shall be in the State District Court of Dallas County, Texas. The parties agree to submit to the personal and subject matter jurisdiction of said Court. j. Severability. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect other provisions, and it is the intention of the parties to this Agreement that in lieu of each provision that is found to be illegal, invalid, or unenforceable, a provision be added to this Agreement which is legal, valid and enforceable and is as similar in terms as possible to the provision found to be illegal, invalid or unenforceable. k. Survivalof Covenants.Any of the representations, warranties, covenants, and obligationsof the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the termination of this Agreement shall survive termination. IN WITNESS WHEREOF,the parties have executed this Agreement as of the date first above written. OWNER, ESTATE OF ADELE N. LOCKE By: John P. Locke, Executor THE CITY OF UNIVERSITY PARK,TEXAS By: Name: Its: 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@A8054505\@BCL@A8054505.docx 2:49 PM 10/13/14 AGENDA MEMO 10/21/2014Agenda TO: Honorable Mayor and City Council FROM: Gene R. Smallwood. P.E. SUBJECT:Letter of Authorization with the North Central Texas Council of Governments concerning the Regional Storm Water Management Program BACKGROUND: In December 2013, the Council authorized the City’s participation in a five (5) year InterlocalAgreement 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 2015cost-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 FY2015Work Program and to authorize the City Manager to execute the letter. AGENDA MEMO TO:Honorable Mayor and City Council FROM:Luanne Hanford Director of Human Resources RE:Renewal of Property, Liability & Worker’s Compensation Coverage DATE:October 15, 2014 For those of you who are new to the City Council and as a reminder for everyone else, the City has property, liability, and worker’s compensation coverage with the Texas Municipal League Intergovernmental Risk Pool (TML-IRP) via an inter-local agreement. The City has had coverage with TML-IRP since 2005. Until 2012, the deductibles were $100,000 for most coverages. In 2012, the City dropped the deductibles to take advantage of the softer insurance market. On August 13, 2014, the Property, Casualty, and Liability Insurance Committee reviewed the renewal submitted by TML-IRP and voted unanimously to recommend approval of the renewal in the amount of $220,769.52. Funds have been budgeted in the Self-Insurance Fund. Attached are the committee minutes and aspreadsheet that illustrates the City’s premiums, deductibles, and limits of liability for the past several years. MINUTES Property, Casualty & Liability Insurance Committee August 13, 2014 A meeting of the Property, Casualty & Liability Insurance Committee met at 7:30 am on August 13, 2014. Members attending the meeting were Chairman Frank Swingle, Bruce Klingman, Scott Ragland, Howard McClure, John Palter, and Ron Ward. Also attending the meeting were Human Resources Director Luanne Hanford, City Manager Robbie Corder, and City Councilmember Bob Begert. Chairman Swingle called the meeting to order at 7:30 am. He introduced Howard McClure, the new committee member. The rest of the attendees also introduced themselves. The first item on the agenda was a review and discussion of the proposed budget for the self-insurance fund for liability, property, andWorker’s Compensation. Included in the FY 2015 budget is $201,200 for liability and property premiums plus $216,535 for Worker’s Compensation premiums and all claims for a total of $417,735. Mr. Swingle distributed a spreadsheet he had prepared listing past claims and premiums. According to his calculations, the City was under-funding for claims. Ms. Hanford told the committee that she had discussed this with the finance director and city manager during the budget preparation process and they preferrednot to increase the funding for claims this year and to draw down on the Self-Insurance Fund balance for any claims that run over the budgeted amount. Discussion followed regarding the fund balance of the fund. Mr. Swingle told the committee that he didn’t have a problem with that as long as everyone understood that was the case. The next item on the agenda was the renewal of the insurance program from Texas Municipal League Inter-Governmental Risk Pool. The committee reviewed the spreadsheet provided by Ms. Hanford that illustrated the deductible amounts, the limits of liability, and a history of premiums dating back to FY2010. The net increase for the renewal is 5%, most of it occurring in the auto lines. The committee discussed the renewal. After discussion of the proposed budget and renewal figures, the committee agreed to recommend both the budget and the renewal for adoption by the City Council. Councilmember Begert told the committee members he appreciated what they did and thanked them for their service on the committee. There being no further business, the meeting was adjourned. ______________________________________________________________ Frank Swingle, Chairman Luanne Hanford, HR Director LIABILITY, PROPERTY & WORK COMP Coverage Per Occ.Limits of Limits of 2009-10 2010-11 2011-12 2012-13 2012-13 2012-13 2012-13 2013-14 2014-15 Renewal Deductible Liability Liability Agg Contribution Contribution Contribution Per Occ.Limits of Limits of Contribution Contribution Renewal Difference (Per Occ)Deductible Liability Liability Agg (Per Occ) Gen. Liability 100,000$ 5,000,000$ 10,000,000$ 16,119$ 14,407$ 11,023$ 25,000$ 5,000,000$ 10,000,000$14,992$ 14,797$ 14,931$ 134$ Sudden Events Involving Pollution 2,000,000$ 2,000,000$ Law Enforcement 100,000$ 5,000,000$ 10,000,000$ 15,552$ 15,515$ 13,882$ 25,000$ 5,000,000$ 10,000,000$17,431$ 18,049$ 17,102$ (947)$ Errors & Omissons 100,000$ 10,000,000$10,000,000$ 32,916$ 30,542$ 27,908$ 50,000$ 10,000,000$10,000,000$33,427$ 35,318$ 36,062$ 744$ Auto Liability 100,000$ 5,000,000$ 35,251$ 33,557$ 29,876$ 100,000$ 5,000,000$ 27,040$ 29,311$ 33,040$ 3,729$ Auto Phys Damage 10,000$ per schedule 20,442$ 19,935$ 23,116$ 5,000$ per schedule 29,266$ 30,431$ 32,964$ 2,533$ Auto Catastrophe 4,950$ 4,950$ 5,940$ 10,000$ 6,270$ 6,270$ 6,930$ 660$ RCV for Fire Power Units 10,000$ incl incl incl Real & Pers. Property 25,000$ per schedule 37,981$ 36,276$ 36,333$ 25,000$ per schedule 39,860$ 43,993$ 45,639$ 1,646$ Mobile Equipment 500$ per schedule 4,064$ 3,631$ 3,631$ 500$ per schedule 3,558$ 4,165$ 4,362$ 197$ Employee Dishonesty 25,000$ 4,000,000$ 3,448$ 3,103$ 3,145$ 25,000$ 4,000,000$ 3,833$ 3,833$ 2,855$ (978)$ Forgery 500$ 50,000$ 197$ 177$ 177$ 500$ 50,000$ incl incl Theft -$ 50,000$ 150$ 135$ 135$ -$ 50,000$ incl incl Computer Fraud 500$ 2,000,000$ 418$ 376$ 376$ 500$ 2,000,000$ incl incl Work Comp 100,000$ statutory 48,913$ 40,292$ 29,331$ 100,000$ statutory 27,261$ 26,878$ 30,789$ 3,911$ Total Contributions (Prem.)220,401$ 202,896$ 184,873$ 202,938$ 213,045$ 224,674$ 11,629$ Equity Returns (17,088)$ (24,300)$ (16,789)$ (17,074)$ (3,653)$ (5,499)$ (1,846)$ Pre-pay discount (6,530)$ (6,087)$ (5,043)$ (4,030)$ (4,261)$ (4,493)$ (232)$ Net Premium Cost 196,783$ 172,509$ 163,041$ 181,834$ 205,131$ 214,682$ 9,551$ Claims (Actual/YTD)138,310$ 132,716$ 372,061$ 421,715$ 181,932$ Total Premiums & Claims 335,093$ 305,225$ 535,102$ 603,549$ 387,063$ Budgeted for premiums 364,615$ 372,150$ 350,791$ 321,482$ 366,276$ 417,735$ 51,459$ & claims Budgeted vs. Actual 29,522$ 66,925$ (184,311)$ (282,067)$ (20,787)$