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HomeMy WebLinkAboutAgenda 03-17-04 Names Tabs.doc AGENDA #2408 CITY COUNCIL MEETING/WORK SESSION CITY OF UNIVERSITY PARK, TEXAS CITY HALL CONFERENCE ROOM WEDNESDAY, MARCH 17, 2004 AT 7:30AM i. ITEMS FROM THE FLOOR Anyone wishing to address an item not on the Agenda or having questions about items on the Consent Agenda should do so at this time. Questions and comments regarding Main Agenda items may be made when that item is addressed by the City Council. II. CONSENT AGENDA A. CONSIDER: Approval of City Council Meeting Minutes for March 2, 2004 - Wilson Tab I iii. MAIN AGENDA CONSIDER: Engineering contract with R.L. Goodson for design of street and screening wall construction along Dublin, north of SMU Boulevard - Smallwood Tab II B. CONSIDER: Interlocal Cooperation Agreement with City of Richardson for Cooperative Purchasing of EMS Supplies - Green Tab III C. CONSIDER: Request to use Goar Park by the Dallas Arboretum - Thom Hanford Tab IV 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. MINUTES #2407 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS CITY HALL COUNCIL CHAMBER TUESDAY, MARCH 2, 2004, 5:00 P.M. Mayor Harold Peek opened the meeting of the City Council. Present were Mayor Pro Tempore Dick Davis, Councilmembers Jim Roberts, Harry Shawver and Blackie Holmes. Also in attendance were City Attorney Rob Dillard, City Manager Bob Livingston and City Secretary Nina Wilson. AWARDS DEPARTMENT PINS: City Manager Bob Livingston presented Park Superintendent Tammy Watson with a 25-year department pin; Police Detective Lawrence Byrd with a 20-year department pin and Director of Information Services Jim Criswell with a 1 O-year department pin for a total of 65 years of service to the City. Ten Boy Scouts introduced themselves and stated the merit badge upon which they were working. Those attending were: Alex Adams, 3608 Wentwood; Paul Bass, 4408 Purdue; William Biggers, 4408 Larchmont; John Coffman, 4032 Amherst; Adam Lange, 2916 Hanover; Malcolm Petersen, 4057 Stanford; Caleb Robinson, 4525 Rheims Place; Michael Rote, 3313 Marquette; Christopher Stasek, 4104 Caruth Boulevard and Andy Wright, 2912 SMU Boulevard. ITEMS FROM THE FLOOR Mr. Doug Clarkson, 2916 McFarlin, spoke stating that he had not been given notice of the new plan for the screening wall and requested a call from one of the members of the city council. Mayor Pro Tem Davis moved acceptance of the Consent Agenda. Councilmember Shawver seconded, and the vote was unanimous to approve the following: CONSENT AGENDA CONSIDER CHANGE ORDER NO. 2 FOR PROJECT 42720 TO REBCON, INC. FOR HILLCREST PAVING REPAIRS: There are pavement failures on the outside southbound lane of Hillcrest from Southwestern to south of Amherst. The failed sections, if not repaired soon, will cause sections adjacent to those areas to start failing. The amount of the Change Order is $76,710.00. CONSIDER BID #04-05 ANNUAL CONTRACT FOR DUCTILE IRON PIPE, FITTINGS AND VALVES: The recommended bid award is based on the low bid per item as follows: D&W Utility Supply, estimated annual total of $125,790.39 and Ferguson Waterworks, estimated annual total of $20,411.30 for an overall estimated total, if all parts are purchased, of $146,201.69. CONSIDER JOINT ELECTION CONTRACT WITH PARK CITIES MUNICIPAL UTILITIES DISTRICT TO BE ADMINISTERED BY DALLAS COUNTY ELECTIONS DEPARTMENT: The Park Cities Municipal Utilities District has contacted the City requesting a joint election. The City and the District have contracted with the Dallas County Elections Department for General Elections since 1994. The cost of the contract for Early Voting is estimated to be $1,475.50 and for Election Day $1,551.13 plus an Election Services fee of $302.66 for a total of $3,329.29. CONSIDER ADDITION TO CITY COUNCIL MEETING MINUTES OF JANUARY 27, 2004: Mr. Doug Clarkson requested the council add one clarifying sentence to the agenda minutes of January 27, 2004. In the final full paragraph of the minutes, it stated: "Vice-President of Legal Affairs Leon Bennett spoke for SMU giving a PowerPoint presentation showing the proposed change. At the conclusion of his presentation, several residents spoke for and against the wall. Mr. Bennett spoke again stating that SMU was not requesting the wall and did not initiate it, but have worked with the neighbors who wanted the wall, and that it was the City's decision." Mr. Clarkson requested the following sentence be added to the last sentence above: "Mr. Clarkson, one of the neighbors, stated the wall was a fundamental element of the 1998 compromise forged between the city, SMU, and the neighborhood and the neighborhood would not have agreed to the compromise without the wall." This is Mr. Clarkson's statement from the meeting of January 27, 2004, and he has requested it be included "to accurately reflect the historical record". CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES: For February 18, 2004. MAIN AGENDA CONSIDER APPROVAL OF DETAILED PLANS FOR PARK CITIES BAPTIST CHURCH: On November 19, 2002, the City Council approved the creation of Planned Development District No. 29 (PD-29) for Park Cities Baptist Church. On September 2, 2003, the church presented a revised conceptual site plan also approved by the Council. The initial approval in November 2002, Ordinance No. 02/33, provided the church also submit detailed site and landscape plans per Section 22-500 of the Zoning Ordinance. Prior to a building permit being issued for the construction of the garage and special events building, the detailed plans had to be approved by the City Council, and a left- turn lane along west bound Northwest Highway into the site must be constructed. There was some question from the Council regarding the view the Villanova residents would have of the dumpsters. Greg Boyd, representative of the church, said a wooden fence would be erected around the dumpsters. Mayor Pro Tem Davis moved approval of the plans. Councilmember Shawver seconded, and the vote was unanimous to approve the site and landscape plans. CONSIDER ORDINANCE FOR SOUTHERN METHODIST UNIVERSITY TO REZONE LOT 3, BLOCK 2, 3015 DYER AND LOT 3, BLOCK 1, 3016 DYER FROM UNIVERSITY CAMPUS-3 TO UNIVERSITY CAMPUS-2: Councilmember Shawver moved approval of the ordinance. Mayor Pro Tern Davis seconded, and the vote was unanimous to approve the rezoning ordinance for Southern Methodist University. Mayor Peek and Mayor Pro Tern Davis will meet on Friday, March 5, with several residents to discuss the screening wall. ORDINANCE NO. 04/11 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY GRANTING A CHANGE OF ZONING TO UNIVERSITY CAMPUS-2 UC-2 FOR THE PROPERTY AT 3015 AND 3016 DYER, MORE PARTICULARLY DESCRIBED AS LOT 3. BLOCK 1 AND LOT 3, BLOCK 2, OF THE UNIVERSITY HILLS WEST ADDITION, AN ADDITION TO THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF F1NE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. CONSIDER D.A.R.E. INTERLOCAL AGREEMENT WITH THE TOWN OF HIGHLAND PARK: Over 10 years ago, the University Park Police Department, with permission of the Highland Park Independent School District, began providing an officer to conduct the D.A.R.E. (Drug Abuse Resistance Education) Program at McCulloch Middle School. The City provided all funding for the program with the exception of some donations for program supplies such as notebooks, t-shirts and awards. Earlier this year, due to a need to place more officers on patrol, staff proposed discontinuing the program. This would have ended the program in the fall of 2004, and the officer teaching the class would have been returned to patrol duty. The Interlocal Agreement will continue the program using a new funding arrangement. The city will provide $50,000 of the annual cost and the Town of Highland Park $25,000. Supplies in the amount of approximately $5,000 will be supplied by another source. An additional officer for the police department will be requested in the FY2005 Budget and will be placed on regular patrol duty. Mr. Ray Kane, President-Elect of the McCulloch Middle School Dads Club, urged passage of the agreement and offered to form a student/parent study group to ensure the money is used wisely. Mayor Peek said the Council would take the offer under consideration. Mayor Pro Tem Davis noted that several people had indicated they were in favor of the D.A.R.E. Program, but did not wish to speak. Mayor Pro Tem Davis then moved acceptance of the agreement. Councilmember Holmes seconded, and the vote was unanimous to approve the D.A.R.E. Interlocal Agreement with The Town of Highland Park. CONSIDER PURCHASE OF A KAWASAKI MOTORCYCLE FOR THE POLICE DEPARTMENT: In August 2003, a local resident made an anonymous donation to the University Park Police Department in the amount of $40,000.00. The resident asked that the money be used at the discretion of the Police Department. Staff felt the money should be used to purchase a police motorcycle, one FLIR (night vision) unit, and software for CID. The purchase of the recommended equipment was then approved by the donor. The software has been purchased for a cost of approximately $4,400.00. A Kawasaki Police Motorcycle will cost $10,842. An additional $3,090.79 will be spent to purchase a Motorola Radio for the motorcycle. Installation will cost $1,447.31, which includes one helmet kit for $275.00. The helmet will allow the rider to hear the radio and communicate with dispatch and other units. The total cost will be $15,380.10. The motorcycle will be used for traffic enforcement in congested areas. Councilmember Roberts moved approval of the purchase. Councilmember Shawver seconded, and the vote was unanimous to purchase a Kawasaki Motorcycle for the Police Department. CONSIDER PURCHASE OF IN-CAR DIGITAL RECORDING EQUIPMENT FOR POLICE DEPARTMENT PATROL CARS: Chief Gary Adams explained the reasons for the purchase. The purchase of state-of-the art in-car digital recording equipment will replace the VCR-based video equipment currently being used. While the video equipment has proven to be a very valuable tool for law enforcement and is required for compliance with Senate Bill 1074 as it relates to preventing racial profiling, new digital equipment is being sought to provide a better solution for recording traffic stops from police patrol vehicles. The cost for the purchase of the digital recording equipment from Digital Safety Technologies, Inc. will be $96,000. Councilmember Holmes moved approval of the purchase. Councilmember Shawver seconded, and the vote was unanimous to approve the purchase of in-car digital recording equipment from Digital Safety Technologies, Inc. CONSIDER AGREEMENT WITH PARK CITIES MUNICIPAL UTILITIES DISTRICT (PC MUD) REGARDING WATER OPERATIONS AND DELIVERY OF WATER: The current contract's latest extension expired on March 1, 2004. The new contract differs in several provisions from the current agreement. Included in the new contract is a 20-year term rather than the current 10, the sections dealing with calibration of the meter that measures the amount of water delivered to the City are simplified, the calculation of the amount the District charges the City for water has changed. The District charges will now be split between two factors, the cost of providing treated water to the City and the cost of operating the Germany Park Booster Station. The District will inform the City of any proposed rate increase prior to its enactment as a procedure for the City to protest the increase. The City will be allowed to coordinate its new electronic meter reading with the date of the District's master meter read, allowing the City to better determine differences between the amount of water received during the month and the amount used. Mayor Pro Tem Davis moved approval of the agreement. Councilmember Holmes seconded, and the vote was unanimous to approve the Agreement with PC MUD Regarding Water Operations and Delivery of Water. Councilmember Roberts requested that a future agenda include a discussion on a dog park. GRADUATION AND RECEPTION FOR LEADERSHIP UNIVERSITY PARK GRADUATES: Syd Carter, representing Leadership University Park for the Community League, introduced and presented a Certificate of Achievement to each person in the spring class. After the presentation of certificates, there being no further business, Mayor Peek adjourned the meeting. PASSED AND APPROVED this 17th day of March 2004. ATTEST: Harold Peek, Mayor Nina Wilson, City Secretary AGENDA MEMO (03-17-04 AGENDA) DATE: TO: FROM: SUBJECT: March 11, 2004 Bob Livingston City Manager Gene R. Smallwood, P.E. Director of Public Works Consider proposal from R.L. Goodson in the amount of $34,850 to provide engineering and surveying services associated with the design of street, utility, and screening wall improvements for in the area generally along Dublin Street, from SMU Blvd to McFarlin Blvd. Background. At their 02-18-04 meeting, the City Council authorized staff to proceed with the design of improvements that will include the realignment of Dublin Street north from SMU Blvd to McFarlin Blvd. Additionally the project will include a screening wall (8 feet in height) from the alley north of SMU Blvd north to McFarlin Blvd and water and sanitary sewer utilities within the same corridor. The attached proposal from RL Goodson includes the engineering and surveying services necessary for the design and development of plans and specifications for construction of the aforementioned improvements. SMU will provide the funding for the design and construction of all of the above- referenced improvements except a 12" waterline along the Dublin right-of-way. The City's share of the $34,850 engineering contract is $2,500. The preliminary opinion of probable construction cost is $565,000, of which the City's share (for the 12" waterline) would be about $100,000. Recommendation. Staff recommends City Council approval of the R.L. Goodson proposal, subject to deleting the "limit of liability" clause. February 24, 2004 Revised March 5, 2004 Mr. Bud Smallwood City of University Park 4420 Worcola Dallas, TX 75206 Re: Dyer Street Extension RLG File No. 04310 Dear Mr. Smallwood: Pursuant to your request, we have prepared the following proposal for civil engineering services for the above referenced project. The scope of work will be as follows: I. TOPOGRAPHIC SURVEY Obtain topographic survey information on Dublin Street from south side of SMU Boulevard to Dyer Street. Obtain topographic survey information of the residential lot (Lot 7, Block 1) in the area of the proposed Dyer Street extension. Obtain topographic survey information on McFarlin Blvd. for the design of the connection of the proposed Dyer Street extension. LUMP SUM FEE: $3,500.00 ii. PAVING AND DRAINAGE PLANS Prepare paving and drainage plans for the extension of Dyer Street to McFarlin Blvd. Prepare paving and drainage plans for the construction of a private drive within the Dublin Street right-of-way. The driveway will begin at the alley between Dyer Street and SMU Boulevard and connect to the proposed parking lot at Dyer Street. Paving plans to include sidewalks and retaining walls needed within the City of University Park right-of-way. LUMP SUM FEE: $10,000.00 III. 12" WATER MAIN DESIGN Prepare plan and profile of approximately 700 linear feet of 12" water main with fire hydrants and appurtenances. Main to extend from south side of SMU Blvd. to centerline of McFarlan Blvd. LUMP SUM FEE: $2,500.00 Mr. Bud Smallwood City of University Park February 24, 2004 Revised March 5, 2004 Page Two IV. 8" WATER MAIN DESIGN Prepare plan for approximately 400 linear feet of 8" water main with appurtenances. Main to extend northwest from the alley just south of Dyer Street to centerline of McFarlin Blvd. and will be located in proposed parking lot west of Dublin St. LUMP SUM FEE: $1,250.00 V. SCREEN WALL Prepare plans for an 8' high masonry screen wall within the City of University Park right- of-way from McFarlin Blvd. to the alley south of Dyer Street (400 I.f. +_). LUMP SUM FEE: $6,500.00 Vi. EASEMENT ABANDONMENT AND DEDICATION DOCUMENTS Prepare a legal description and exhibit for the dedication of addition right-of-way for the extension of Dyer Street to McFarlin Blvd. Blvd. Prepare legal descriptions and exhibits for the dedication and abandonment of alley right- of-way to realign the alley right-of-way to match the current alley pavement. LUMP SUM FEE: $3,600.00 VII. BIDDING Assist the City of University Park in solicitating and obtaining bids for the work designed by us. LUMP SUM FEE: $2,500.00 Viii. CONSTRUCTION ADMINISTRATION Make periodic visits as requested to observe progress of site work designed by us and to determine if work is in general compliance with the plans. Attend site meetings as requested during civil construction phase. Scope of work excludes City of University Park - Public Works inspections. LUMP SUM FEE: $3,000.00 IX. REIMBURSABLES Reimbursable items such as reprographics, travel and telephone, etc. are not included in the above fees and will be billed at cost plus 10%. Agency review and filing fees, may be paid by the owner or they will be billed separately at our cost plus ten percent (10%). State sales tax on survey services are not included and will be an addition to the fee. ESTIMATED COST: $2,000.00 Mr. Bud Smallwood City of University Park February 24, 2004 Revised March 5, 2004 Page Three Xl. XlI. ADDITIONAL SERVICES The following items are not included in the scope of services identified above and will be considered extra services. Extra service work will not be performed unless authorization for the work is received. B. C. D. E. F. G. H. I. J. Major changes in the scope of work. Electric, telephone, cable, and gas conduits. Architectural Hardscape and Features. Construction Staking. Zoning Change Requests or Exhibits. Traffic Studies or Development Impact Studies. Geotechnical Investigation. Trench Safety Design or Program Development. Landscape and Irrigation Plans. Site Lighting Plan. BILLING Statements will be submitted on a monthly basis for the percent of work. Payment is due within thirty (30) days of the statement date. GENERAL CONDITIONS OF AGREEMENT A. FEES Billing for services rendered will be submitted upon completion of the assignment, or for projects requiring more than 30 days to complete, that portion of the work completed will be billed approximately the first of each month as work progresses. All invoices are due and payable in thirty days. If the contract is based on hourly rates, the standard hourly rates as indicated on the attached fee schedule are hereby made part of this Agreement. The rates are periodically updated and are subject to change upon advance written notice. In the event the project is not carried to completion, services for that portion of the work which has been completed will be paid for at the standard hourly rates. IF THE SERVICES covered by this Agreement have not been completed within twelve (12) months of the date hereof, through no fault of Raymond L. Goodson Jr., Inc., the amounts of compensation and rates set forth herein shall be equitably adjusted. The client agrees to pay to Raymond L. Goodson Jr., Inc., in addition to the stated fee, all reimbursable items such as reproduction, travel, messenger services, photographs, long distance telephone calls, filing fees, review and recording fees, etc., at actual cost plus 10 percent, and all applicable sales tax on surveying services according to H.B. 61. Mr. Bud Smallwood City of University Park February 24, 2004 Revised March 5, 2004 Page Four The client agrees to pay Raymond L. Goodson Jr., Inc. all charges due for surveying services performed for the purpose of transfer of title whether or not said transfer of title is consummated. B. TERMS AND CONDITIONS Estimates of probable construction costs prepared by Raymond L. Goodson Jr., Inc., represent our best judgment as design professionals. It is recognized by the client that Raymond L. Goodson Jr., Inc., has no control over the cost of labor, materials or equipment, or over the contractors' methods of determining bid prices, or over competitive bidding or market conditions. Raymond L. Goodson Jr., Inc., cannot and does not guarantee that bids will not vary from any estimate of probable construction costs. Unless otherwise stated specifically in the contract, Raymond L. Goodson Jr., Inc., is not responsible for (1) the means and methods used by the contractor, (2) failure of the contractor to perform all work per the contract documents, (3) release of any pollutant or toxic discharges from the site, or (4) job site safety. THE CLIENT AND OWNER AGREE TO LIMIT THE LIABILITY OF RAYMOND L. GOODSON JR., INC., TO THE CLIENT AND OWNER AND TO ALL CONSTRUCTION CONTRACTORS AND SUBCONTRACTORS ON THE PROJECT ARISING FROM THE ACTS, ERRORS OR OMISSIONS OF RAYMOND L. GOODSON JR., INC., SUCH THAT THE TOTAL AGGREGATE LIABILITY OF RAYMOND L. GOODSON JR., INC., TO ALL THOSE NAMED SHALL NOT EXCEED $25,000.00 OR THE FEE FOR THE PROJECT, WHICHEVER IS LESS. THE CLIENT AND OWNER FURTHER AGREE TO REQUIRE OF THE CONTRACTOR(S) A SIMILAR LIMITATION OF THE LIABILITY OF RAYMOND L. GOODSON JR., INC., AND OF THE CLIENT AND OWNER, TO THE CLIENT CONTRACTOR(S) AND HIS SUBCONTRACTOR(S) DUE TO THE ACTS, ERRORS, OR OMISSIONS OF RAYMOND L. GOODSON JR., INC. According to Section 29 of the Professional Land Surveying Practices Act, complaints about surveying services may be forwarded to: The Texas Board of Land Surveying, 7703 North Lamar, Suite 304, Austin, Texas 78752. If this proposal is acceptable, please sign on the designated line and return one copy to this office. Thank you for considering our firm for these services. Respectfully submitted, John F. Stull, P.E. Chief Executive Officer CITY OF UNIVERSITY PARK ACCEPTED this the __ day of By: Title: 2004. SMU ACKNOWLEDGED & ACCEPTED this the __ day of ., 2004 By: Title: AGENDA MEMO (3/17/04 AGENDA) DATE: TO: FROM: SUBJECT: March 9, 2004 Honorable Mayor and City Council Christine Green, Purchasing Agent Interlocal Cooperation Agreement with City of Richardson for Cooperative Purchasing of EMS Supplies The City's contract with Emergency Medical Products, Inc. (EMP) for EMS supplies recently expired. Rather than take new bids, I would like to piggyback on the City of Richardson's existing contract for EMS supplies with the same vendor. This bid opened on May 1, 2002. Eighteen vendors submitted bids on 144 items. The contract term began on June 1, 2002, and can be renewed until May 30, 2006. This will allow us to benefit from the prices offered to a larger entity, and we can continue working with EMP who has provided good products and customer service over the years. The City of Richardson has prepared an Interlocal Cooperation Agreement to facilitate our participation in this bid and other bids as we wish. Cooperative purchasing is authorized by Section 271.102 of the Texas Local Government Code. A copy of this agreement and the bid tabulation from Richardson's Bid #48-02 are attached. RECOMMENDATION: Staff recommends: Authorizing the City Manager to sign the Interlocal Cooperation Agreement with the City of Richardson for cooperative purchasing; and Approval of an annual contract for the purchase of EMS supplies from Emergency Medical Products, Inc. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwils°n'UNIVPARK\L°cal Settings~Temporary Internet Files\OLK3\EMSSuppliesMemo (5).doc 4:30 PM 03/09J STATE OF TEXAS COUNTY OF DALLAS INTERLOCAL COOPERATION AGREEMENT This Interlocal Cooperation Agreement ("Agreement") is by and between the City of Richardson, Texas ("Richardson"), and the City of University Park, Texas ("University Park"), acting by and through their authorized officers. RECITALS: WHEREAS, this Agreement is authorized by Chapter 791 of the Texas Government Code and Subchapter F, Chapter 271, Texas Local Government Code; and WHEREAS, Section 271.102 of the TEX. Loc. GOV'T CODE authorizes a local government to participate in a Cooperative Purchasing Program with another local government or a local cooperative organization; and WHEREAS, a local government that purchases goods and services pursuant to a Cooperative Purchasing Program with another local government satisfies the requirement of the local government to seek competitive bids for the purchase of the goods and materials; and WHEREAS, each party has and will on an annual basis obtain competitive bids for the purchase of goods and services; and WHEREAS, the parties desire to enter into a cooperative purchasing program which will allow each party to purchase under goods and services under each other's competitively bid contracts pursuant to Subchapter F, Chapter 271 of the TEX. Loc. GOV'T CODE; NOW THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows: ARTICLE I PURPOSE The purpose of this Agreement is to establish a cooperative purchasing program between the parties, which will allow each party to purchase goods and services under each other's competitively bid contracts pursuant to Subchapter F, Chapter 271 of the TEX. Loc. GOV'T CODE. 63149 ARTICLE II TERM The term of this Agreement shall be for a period of one (1) year commencing on the last date of execution hereof ("Effective Date"). Thereafter this Agreement shall automatically renew for successive periods of one (1) year each under the terms and conditions stated herein, unless sooner terminated as provided herein. ARTICLE III TERMINATION Either party may terminate this Agreement by providing thirty (30) days prior written notice to the other party. ARTICLE IV PURCHASING The City Manager or designee for each of party is authorized to act on behalf of the respective party in all matters relating to this cooperative purchasing program. Each party shall make payments to the other party or directly to the vendor under the contract made pursuant to Subchapter F, Chapter 271 of the TEX. Loc. GOV'T CODE. Each party shall be responsible for the respective vendor's compliance with provisions relating to the quality of items and terms of delivery. ARTICLE V MISCELLANEOUS 5.1 Relationship of Parties: This Agreement is not intended to create, nor should it be construed as creating, a partnership, association, joint venture or trust. 5.2 Notice: Any notice required or permitted to be delivered hereunder shall be deemed received when sent in the United States Mail, Postage Prepaid, Certified Mail, Return Receipt Requested, or by hand-delivery or facsimile transmission addressed to the respective party at the address set forth below the signature of the party. 5.3 Amendment: This Agreement may be amended by the mutual written agreement of both parties hereto. 5.4 Severabilit¥: 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 the other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. 5.5 Governing Law: The validity of this Agreement and any of its terms and provisions as well as the rights and duties of the parties, shall be governed by the laws of 63149 the State of Texas; and venue for any action concerning this Agreement shall be in the State District Court of Dallas County, Texas. 5.6 Entire Agreement: This Agreement represents the entire agreement among the parties with respect to the subject matter covered by this Agreement. There is no other collateral, oral or written agreement between the parties that in any manner relates to the subject matter of this Agreement. 5.7 Recitals: The recitals to this Agreement are incorporated herein. 5.8 Counterparts: This Agreement may be executed in any number of counterparts, each of whom shall be deemed an original and constitute one and the same instrument. EXECUTED this __day of .,2004. CITY OF RICHARDSON, TEXAS By: DAN JOHNSON, DEPUTY CITY MANAGER 411 W. Arapaho Road P.O. Box 830309 Richardson, Texas 75083 ATTEST: By: CITY SECRETARY EXECUTED this __day of .,2004. ATTEST: By: CITY SECRETARY CITY OF UNIVERSITY PARK, TEXAS By: BOB LIVINGSTON, CITY MANAGER 3800 University Blvd. University Park, Texas 75205 63149 PAGE I BID TABULATION BID NUMBER: DATE OPENED: Category 1 Category 2 Category 3 Category 4 Category 5 Category 6 Category 7 Category 8 Category 9 ADI $ $ $ $ $ $ - $ 675.00 $ $ Alliance $ 7,844.33 $ 7,797.94 $ 27,227.30 $ 2,992.31 $ 2,370.00 $ 1,056.00 $ 9,756.00 $ 1,468.08 $ 3,017.40 Ambu $ 2,370.00 $ $ 19,775.00 $ $ $ - $ - $ $ American LaFrance $ 8,640.33 $ 5,888.25 $ 2,802.60 $ 2,494.50 $ 1,091.70 $ 10,393.60 $ 2,486.07 $ 3,568.50 Critical Care $ 6,381.30 $ $ $ $ $ 3,037.40 $ - $ $ 110.00 Emergency Medical $ 24,006.35 $ 2,718.62 $ 1,882.00 $ 1,060.86 ~ ~ ~ ~ i~9~ Galls $ $ $ 24,136.00 $ $ $ 7,173.24 $ 12,103.32 $ $ Handy Care $ $ $ $ $ $ - $ 5;~4~2 $ $ 2,871.00 Laerdal $ 2,605.00 $ $ 28,490.00 $ $ $ - $ - $ $ MacGill $ 1,726.00 $ $ $ 1,710.30 $ $ 1,108.67 $ 1,350.00 $ 1,202.90 $ 2,860.00 MDSMatrix $ 6,995.75 $ 5,792.64 $ 25,463.15 $ 2,357.20 $ 1,035.08 $ 10,716.00 $ 737.48 $ 934.91 Micro Bio-Medica $ 5,032.92 $ 3,415.58 $ 43,692.50 $ 4,307.37 $ $ 696.26 $ 9,464.88 $ 1,284.47 $ 2,749.80 Moore $ 6,322.51 $ 4,184.36 $ 26,419.20 $ 1,962.67 $ 508.50 $ 811.70 $ 2,440.93 $ 3,528.95 Southeastern Emergency $ 6,829.56 $ 8,121.87 $ 23,711.70 $ 1,737.38 $ i~ ~ ~i© $ 9,006.12 $ 1,944.88 $ 3,214.04 Star Safety Supply $ $ $ $ $ $ - $ 540.00 $ $ Vermed $ $ $ $ $ 3,747.00 $ - $ - $ $ VitaCare $ 13,365.30 $ 5,637.57 $ $ 6,001.20 $ 96.00 $ 1,866.96 $ 13,923.36 $ 2,086.97 $ 4,044.70 Your Healthcare $ 5,165.75 $ 13,652.00 $ 28,830.00 $ 21,341.40 $ 72.00 $ 430.00 $ 1,950.00 $ 1,675.50 $ 24,705.00 Page 1 AGENDA MEMO (03/17/04AGENDA) DATE: March 11, 2004 TO: Bob Livingston FROM: Thom Hanford SUBJECT: Request to use Goar Park The Dallas Arboretum has requested to use Goar Park as a staging area for a tour of some selected gardens in the Yolk Estates on May 18, 2004. The tour would be between 5:30 and 8:00PM, with 300 to 400 people attending. They plan to hire an off duty police officer to help with the event. RECOMMENDATION: Staff has no problem with this request and would recommend approval. ATTACHMENTS: 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwils°n'UNIVPARK\L°cal Settings~Temporary Internet Files\OLK3\Dallas Arboretum.doc 10:27 AM 03/1' ~RN-23-2004 09:54 DALLAS ARBORETUM P.02/02 DallasArbomtum Mr. Thom Hartford Park Director 3800 University Blvd. Dallas, Texas 75205 Dear Mr. H~nfbrd, I am Vice President of Education for the Dallas Arboretum and every spring we sponsor a tour of some of the most spectacular gardens in the Dallas area. This year's tour is scheduled for May 18, 2004 and the selected gardens are in Volk Estates. We would like to reserve Gear Park and the gazebo in the park as the headquarters for our event. This will be the third time that we have held the event in the park. The tour begins at 5:30 and ends at 8;00. However, we will need to begin our preparations in the park a[ 2:00 to be sure we are ready for our guests. Clean up is usually complete by 9:00. The attendance in past years has ranged between 300 and 400 people. We have always hired an offduty police officer to ensure the event runs smoothly ancl will do so again this year. This event is a fundraiser for the Dalla~ Arboretum to enable us w provide our Little Sprouts program free of charge to the preschoolers in Head Start of Dallas. We hope that you will be able to grant this r~iuest as your facility is both lovely and functional and i, the perfect location for this year's tour. I look forward to hearing from you. Sincerely, Dallas Arboretum 214-51 TOTAL P. 82