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Home My WebLink AboutDecember 19, 2000 Agenda AGENDA Agenda No CITY OF DENTON CITY COUNCIL ~genda Item_ December 19, 2000 I ' After determining that a quorum is present and cunvemngljn an Open Meeting, the City Council of the City of De~ton, Texas will convene in a Closed Meeting onITuesday, December 19, 2000 at 5 15 p m in the City of Denton Council Work Session Room, Dentonl Cay Hall, at 215 East McKmney, Denton, Texas to consider specific items when these items are hsted below under the Closed Meeting section of this agend~ When items for consideration are not hsted under the Closed Meeting section of the agenda, the City Council will not conduct a Closed Meeting at 5 15 p m and will convene at the time listed below for its regt}lar or special called meeting The City Council reserves the right to adjourn into a Closed Meeting or~ any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as mended, as set forth below 1 ClOsed Meeting A Deliberations Regarding Real Property --- Under TEXAS GOVERNMENT CODE Section 551 072 (1), Receive information from Staff, dlscuss~ deliberate, consider, take action on, and provide Staff with direction pertalmng ~to the location of, the purchase price of, the possible terms of sale, and valuatlon~issues respecting the possible acquisition of an approximate 2 13 acre tract of real property [consisting of a 2 00 acre tract of land and a 13 acre, 30 foot wide regress/egress easement] by the City of Denton Municipal Utilities Department for a public purpose, which real property is situated wittun the J Severe Survey, Abstract No 1164, an Denton County, Texas, such tract of land abutting the East line of Fort Worth Drive, and being located approximately 3,600 feet South of the intersection of Hickory Creek Road ' and Fort Worth Drive [U S Highway 377] B Deliberations Regarding Certmn Public,Power Utilities Competmve Matters --- Under TEX GOV'T CODE Section 551 086 ** Consultation With Attorney --- Under TEX GOV'T CODE Section 551 071 (1) Receive confidential competitive electvlc utility information from Staff and the City's outside consultants, discuss, deliberate, consider, provide Staff with direction, vote and take action as necessary and appropriate respecting the identification and pnorItization of legislative issues impacting the City of Denton's owned electric utlhty, Denton ~Mumclpal Electric, for the upcoming 77th Texas Legislature Session, and formulation of proposed legislative objectives, strategies, and a legislative plan respecting Denton Municipal Electric Conduct a consultation with the City's attorneys in order to obtmn the advice and recommendations of the City's attorney~ concerning the above-referenced issues, where to discuss such issues and matters an a public meeting would conflict with the attorneys' duties and professional i~esponslbflmes to their client under the Texas Disciplinary Rules of Professlonall Conduct C Deliberations Regarding Certmn Public !Power Utlhtles Competitive Matters --- Under TEX GOV'T CODE Sectaon 551 086 ** Receive competitive electric and comm~rmal information from one of the City's Texas Municipal Power Agency ("TMpA") Board Members and/or City Staff C~ty of Denton C~ty Council Agenda December 19, 2000 Page 2 pertatmng to certain matters respecting present and future maintenance ~ssues, financial ~ssues, operational issues, legal and compliance issues, and other related issues and strategaes concerning the C~ty's interest ~n, and its business relat~onshlp with TMPA, and discuss, dehberate, consIder, and provide such TMPA Board Member and/or Staff with d~rect~on regardang such matters ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF SECTION 551 086 OF THE TEXAS GOVERNMENT CODE (THE "PUBLIC POWER EXCEPTION") THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX GOV'T CODE, SECTIONS 551 001, ET SEQ (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE 1N A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVI~, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION SECTIONS 551 071-551 086 OF THE TEXAS OPEN MEETINGS ACT Specml Called Meeting of the City of Denton City Council on Tuesday, December 19, 2000 at 6 00 pm in the Council Chambers at City Hall, 215 E McKlnney Street, Denton, Texas at which the following items will be considered 1 Pledge of Allegmnce A U S Flag B Texas Flag "Honor the Texas Flag -- I pledge allegiance to thee, Texas, one and ~ndlVlslble" PROCLAMATIONS/PRESENTATIONS 2 December Yard of the Month Awards CONSENT AGENDA Each of these ~tams is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item m accordance with the Staff recommendations The City Council has received background information and has had an opportunity to raise questions regardxng these ~tems prior to co~lslderatlon Listed below are bids, purchase orders, contracts, and other items to be approved for payment under the Consent Agenda (Agenda Items 3-23) Th~s hstmg is provided on the Consent Agenda to allow Council Members to d~scuss or w~thdraw an ~tem prior to approval of the Consent Agenda If no items are pulled, Consent Agenda Items 3-23 below will be approved with one motion If Items are pulled for separate discussion, they will be considered as the first items under "Items for Individual Conslderatmon" 3 Consider approval of a tax refund to Lereta Corp for James R Bean an the amourlt of $554 46 The 1999 property taxes were paad twlce City of Denton City Council Agenda December 19, 2000 Page 3 4 Consider approval of a resolution approving an agreement between the City of Denton, Texas and Texas Woman's Umvers~ty to provide mutual assistance between the Texas Woman's Umverslty Department of Pubhc Safety and City of Denton Pohce Department, authorizing the Mayor to execute the agreement; and providing for an effective date 5 Consider adoption of an ordinance authorizing the execution of change order one to the contract between the City of Denton and Jagoe Public Company, providing for the increase ~n the scope of work, contract term and an increase in the payment amount, prowdlng for the expenditure of funds therefore, and prowdlng an effective date (Ordinance 2000-054), B~d 2455 - Lakewew Boulevard awarded to Jagoe Public Company ~n the amount of $798,106 plus change order one ~n the not to exceed amount of $195,360 00 for a total revised contract amount of $993,465 00) 6 Consider adoption of an ordmance authorizing the execution of change order two to a contract for lease purchase financing of PC's, monitors, and peripheral eqmpment between the City of Denton and Dell F~nanclal Services, providing for an ~ncrease in the quantity of ~tems, increase m the annual lease payment amount, and prov~thng for the expenditure of funds therefore, and prowdmg an effective date (File 2495 - Dell Flnancml Services awarded m the amount of $943,398 plus change order one m the amount of $19,656 68 plus change order two m the amount of $337,710 30) 7 Consider adoption of an ordinance accepting competitive bids by way of an Interlocal Agreement with State of Texas General Servmes Commission and awarding a contract for the purchase of T~res & Tubes to Gray's Wholesale Tire D~st, Inc, prowd~ng for the expenditure of funds therefore, and providing an effective date (File 2607 - Gray's Wholesale Tire Dlst, Inc ~n the annual estimated amount of $55,000) 8 Consider adoption of an orthnance accepting competitive b~ds and awarding a series of co~atracts for the purchase of fleet vehicles, and providing for the expenthture of funds therefore, and providing an effective date (Bid 2578 - Fleet Vehmles awarded to lowest responsible b~dder for a total expenditure of $937,658 30) 9 Consider adoption of an ordanance accepting competitive bids and awarding a contract for the purchase of hot mix asphalt concrete, and applicable installation, prowd~ng for the expenditure of funds therefore, and providing an effective date (B~d 2580 - Hot Max Asphalt Concrete in the annual estimated amount of $1,300,000) 10 Consider adoption of an ordinance accepting competitive b~ds and awarding a contract for Street Maintenance Equipment Rental for the City of Denton, providing for the expenditure of funds therefore, and providing an effective date (Bid 2590 - Street Maintenance Eqmpment Rental awarded to Dustrol, in the estimated amount of $475,000) 11 Consider adoption of an ordinance accepting compet~tive bids and awarding a contract for, Informix Software Maintenance Coverage for the City of Denton data base engine, providing for the expenditure of funds therefore, and prowdlng an effective date (Bid 2594 - Informix Maintenance Coverage awarded to Informix Software, ~n the amount of $33,345 00) City of Denton City Co~ll¢ll Agenda December 19, 2000 Page 4 12 Consider adoption of an ordinance provadang for the expenditure of funds for the purchase of Hams Computer Systems CARE 2000 Web Module ~nclud~ng Web Manager Software and the prowslon for teehmcal services, which are available from only one source m accordance w~th the provisions of State Law exempting such purchases from requlremants of competitive bads, and providing an effeettve date (PO 10616A to Harras Computer Systems an the amount of $60,000 00) 13 Consider adoption of an ordinance prowdlng for the expenditure of funds for an annual maantenance agreement for Cay of Denton Phone System ~ncludmg maintenance and eqmpment which are available from only one source ~n accordance w~th the provision of State Law exempting such purchases from reqmrements of competltave b~ds, and prowdang an effectave date (PO 11501 to Verazon, an the amount of $40,000 08) 14 Consider adoption of an ordinance providing for the expenditure of funds for the lease purchase and maintenance of a Xerox 4850 Color Pnnter and NPS BI-Mode K~t which are available from only one source m accordance w~th the provls~ons of State Law exempting such purchases from reqmrements of competmve bids, and prowd~ng an effective date (PO 11502 to Xerox Corporatton ~n the amount of $109,006 20) 15 Consider adoption of an ordmance awarding a contract for the purchase of software and hardware associated w~th the new Tax System as approved by the State of Texas General Services Commission through the Department of Information Resources (DIR), provtdmg for the expenditure of funds therefore, and prowding an effective date (Purchase Order 11507 to Department of Information Resources ~n the amount of $27,994 00) 16 Consider adoption of an ordinance accepting competmve b~ds and awarding a contract to supply a pool safety cover, prowding for the expenditure of funds therefore, and provad~ng an effective date (B~d #2588 - Pool Safety Cover awarded to Leshe's Swimming Pool Supplies, $17,635 00) 17 Consider adoption of an ordinance accepting compem~ve b~ds and awarding a contract for the purchase of Transit Buses, providing for the expenditure of funds therefore, and prowdang an effective date (Bid #2603 - Transit buses awarded to the lowest responsable bidder National Bus Sales & Leasing, Inc ~n the amount of $280,888 00) 18 Consader adoptaon of an ordinance accepting competitive bids and awarding a contract for services and materials pertmmng to the ~nspect~on, maintenance and repair of Denton Municapal Generating Statton Turbane Number 5, prowd~ng for the expenditure of funds therefor, and prowdlng an effective date (B~d 2614 - Serwces and materials for the ~nspectaon, maintenance and repair of turbine number 5 awarded to General Electric International Inc ~n the amount of $289,523 75) 19 Consader adoption of an ordanance of the C~ty Council of the City of Denton, Texas authonztng the Mayor or C~ty Manager to execute the attached agreement for Purchase, L~censang, Programming, Implementation, Tra~mng, Servme and Support of F~m and Police Support Software and Hardware, between the C~ty of Denton, Texas and Vis~onair, Inc, a Qualified Informatton Systems Vendor ("QISV") of the State of Texas, to be paid from previously budgeted funds m an amount not to exceed One Mflhon, Two C~ty of Denton C~ty Council Agenda December 1,9, 2000 Page 5 Hundred Tlurty-Seven Thousand, Nine Hundred and Thirty-Four Dollars and Ninety- Ftve Cents ($1,237,934 95), and providing for an effective date ) 20 Constder adoption of an orchnance approving a real estate contract between the City of Denton and Unique International, Ltd, relating to the purchase of approximately 0 010 acre of land being located in the B B B & C R R Survey, Abstract No 186 of Denton County, Texas for the US Highway 77 project, with title vesting in the State of Texas, authonzang the expenditure of funds therefore, and providing an effective date 21 Consider adoption of an ordinance authorizing the City Manager of the City of Denton, Texas to act on behalf of the City of Denton in executing the owner's certificate of a final plat of Lot 1, Block A, Meredith Addition, and providing an effective date 22 Consider approval of a resolution approving a right-of-way use agreement between the City of Denton, Texas and Sally Beauty Company, Inc, and declaring an effective date 23 Consider approval of a resolution revising Administrative Policy 408 05 "Debt Service Management" and providing for an effective date PUBLIC HEARINGS 24 Hold a public hearing inviting citizens to comment on the proposed usage of the 2000 Local Law Enforcement Block Grant 25 Continue a pubhc hearing and consider amending the City of Denton Moblhty Plan- Roadway Component, for State School Road Connector ITEMS FOR INDIVIDUAL CONSIDERATION 26 Consider adoption of an ordinance of the City of Denton, Texas changing portions of Cedar, Austin, Pecan, Hickory, Oak, and Elm Streets to one-way traffic to help improve traffic flow on the downtown square, providing a savings clause, providing a severablhty clause, promdmg a penalty not to exceed two hundred dollars, and declaring an effective date 27 Consider adoption of an ordinance of the City of Denton, Texas amending Chapter 6 relating to animals by replacing Chapter 6, promdlng a severablhty clause, a savings clause, providing for a penalty not to exceed $500 for violations of thts ordinance, and providing for an effective date 28 Consider adoption of an ordinance amending Ordinance No 99-920 and Ordinance No 99-308 to provide a dangerous animal permit fee and a multiple pet permit fee for pet owners with more than four dogs, cats and/or ,ferrets and malntalmng the existing fees pursuant to Chapter 6 of the Code of Ordinances of the City of Denton, Texas, providing that a schedule of fees shall be maintained on file in the Office of the City secretary, providing a savings clause, providing a severablhty clause, and providing an effectave date C~ty of Denton Cay Council Agenda December 19, 2000 Page 6 29 Consider approval of a resolution reviewing and adopting the investment pohcy for funds for the City of Denton, designating an investment officer, providing a savings and repealing clause, and prowd~ng an effective date 30 Consider approval of the F~scal Year 1999-2000 Annual Investmem Report in accordance with the Pubhc Funds Investment Act 31 Consider approval of a ProJect Plan for 4 25 acres located on the west s~de of the 1-35W North Frontage Road, north of Airport Road An office/warehouse distribution center of approximately 52,800 square feet with associated s~te improvements ~s proposed (SP- 00-016, Miller of Demon) 32 Consider adoption of an ordinance anthonzlng the City Manager to approve and execute a professional services agreement between the City of Denton and the law firm of Blckerstaff, Heath, Smfley, Pollan, Kever and McDanIel for redistricting services, authorizing the expenditure of funds therefore, and providing an effective date 33 Consider adoption of an ordinance accepting competitive bids and awarding a pubhc works contract for the relocat~nn of North County Line Road Bridge, providing for the expenditure of funds therefore, and providing an effective date (B~d 2601 -North Lakes Park Pedestrian Bridge awarded to Seneca Contracting in the amount of $131,000 00) 34 Consider City Council appomtments to a selection committee to interview Management Assistant candidates 35 Consider approval of a resolmlon of the City Council of Demon, Texas, authorizing and approwng the ~ssuance of bonds by the Colorado Health Facilities Authority on behalf of the Evangelical Lutheran Good Samaritan Society, and providing an effective date 36 New Bus~ness A Suggestions from Council Members for ~tems to be placed on upcoming agendas 37 Miscellaneous Matters from the City Manager A Clarification of ~tems on agenda 38 Possible continuation of Closed Meeting under Sections 551 071-551 086 of the Texas Open Meetings Act 39 Officml Action on Closed Meeting Item(s) under Sections 551 071-551 086 of the Texas Open Meetings Act FollowingIthe completion of the Specml Called Meeting, the Council will convene into a Work Session to,consider the following 1 This item has been pulled from consideration 2 This item has been pulled from consideration C~ty of Denton City Council Agenda December 19, 2000 Page 7 3 Hold a chseuss~on and consider approval of Development Plan L~nes assistance for extension of water and sewer hnes for the expansion of bus~ness facilities as requested by Yorlum Construction Management, Ltd 4 Receive a report, hold a d~scusslon and give staff direction regarding the Cotmcfl 2001 meeting calendar CERTIFICATE I certify that the above not~ee of meeting was posted on the bulletin board at the C~ty Hall of the C~ty of Denton, Texas, on the day of ,2000 o'clock (a m ) (pm) CITY SECRETARY NOTE THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WlTH DISABILITIES ACT THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETERCAN BE SCHEDULED THROUGH THE CITY SECRETARYIS OFFICE ~genda No.~ om_ AGENDA INFORMATION SHEET AGENDA DATE: December/q, 2000 DEPARTMENT: Fiscal & Municipal Services/Tax Kathy DuBose, Assistant City Manager of Fiscal and Mumclpal Servlces~ ACM. SUBJECT Consider approval ora tax refund to Lereta Corp for James R Bean The 1999 tax was paid twice, resulting m an overpayment BACKGROUND Chapter 31 11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of $500 00 1999 tax for James R Bean was prod twice Two checks for $554 46 each were received on 12/7/99 prod by James R Bean and 1/21/00 prod by Lereta, Corp, resulting m an overpayment of $554 46 All documentation necessary for refund ~s attached FISCAL INFORMATION. Thc tax overpayment revenue fund would be reduced by $554 46 Respec_t full. y submitted I5~"~a Omz ' Director of Fiscal Operations Prepared by Carolene Folse Tax Analyst APPLICATION FOR TAX REFUND I ~Collecting office name F Collecting tax for (taxing units) C' OFDE.TO. TAXOmCB EB 1 5 2000 , C, OFOE.TO. Present mailing address (nbmber and street) 601 E HICKORY SUITE F city, town or post office, state, ZIP code Phone (area code and number) DENTONI TX 76205 , i (940) 349-83t8 To apply for a tax refund, ttge taxpayer must complete the following uwneCs m4ame I Step 1 JAMES R BEAN (PAID BY LERETA CORP ) , Present Mailing Address (number and street) Owner's name 1123 SOUTH PARKVIEW DRIVE C~ty, town or post office, state, ZIP code Phone (area code and number) and address COVINAt CALIFORNIA 91724 Step 2 Legal description (or attach copy of the tax bill or tax receipt) Describe WIND RIVER EST PH 1~ BLOCK Br LOT 6 the property Address or Iocabon of property 2005 LAKE FORK CR Account number of property Tax receipt number Name of Taxing Year Date Amount Amount Unit From Which For Which Refund Of The Of Of Tax Refund Refupd is Required Is Requested Tax Payment Taxes Pa~d Requested Step3 1 Clt¥ of Denton l~J~ )1'~1 /,~'~ ~:j~q , ('(~) , 55446 GIve the tax 2 " " 1 gfl 1 -9-flfl payment 3 , mformaUon 45 Taxpayer's reason for refund ( attach supporting documentatlen) t999 TAXES PAID 99NICE he~rre~("- alii ~h~ref~"un~ol Jhl ~ove descnbed taxes a Id certl that the inform *1 bY PP Y fo - n fy ation I have given on tel) 4 this form is true and correct to the best of my knowledge and belief * ~ ~lgnature im L)ate ot appllcauon tot tax retuna igntheform sign i I,~/~-~ ~ r~)'~?-~,, {~/'. ~.~?~9'~ Any person who makes a false entry upon the foregoing record shall be subject to one of the following penalbes 1 Imprisonment of not more that the 10 years nor less than 2 years and/or a fine of not more than $5,000 or both such fine and Imprisonment, 2 Confinement in jail for a term Up to 1 year or a fine to exceed $2,000 or both such fine and Imprisonment as set forth in Section 37 10, Penal Code AGENDA INFORMATION SHEET rlato_ /._~- /~ - 0__O AGENDA DATE December/~], 2000 DEPARTMENT Police ACM: Jon Fortune ~ SUBJECT A resolution approving an agreement between the City of Denton, Texas, and Texas Woman's University to provide mutual assistance between the Texas Woman's University Department of Public Safety and City of Denton Police Department, authonzmg the mayor to execute the agreement, and providing for an effective date BACKGROUND' Sectmn 107 82 of the Texas Education Code allows the Board of Regents of Texas Woman's University and the City Council of the City of Denton to enter into a written agreement anthonzing pohce officers employed by the TWU Department of Pubhc Safety to assist pohce officers employed by the City of Denton in enforcing State laws and City ordinances The TWU DPS and the Denton Pohce Department desire such a mutual aid agreement It authorizes pohce officers from both departments to enforce laws anywhere w~thm the City hm~ts It further defines the conditions and responsibiht~es of a cooperative working relationship between the two Departments to assist in the invest~gatmn of cnmmal activity, the enforcement of laws and ordinances, the protection of the public health, hfe and property dunng nots or other clwl d~sturbances involving violence or the threat of wolence, and the effective response to natural or man-made disasters OPTIONS 1 The Council can approve the mutual md agreement 2 The Council can decline to approve the mutual md agreement RECOMMENDATION' Staffbeheves the agreement is m the best interest of the citizens of Denton and recommends approval 1 It wall provide the Poliee Department with assistance from the TWU DPS in the investigation of criminal activity and enforcement of State laws and C~ty ordmances 2 It will provide add~tmnal resources to the Police Department m the protectton of the pubhc health, hfe and property during nots or clwl disturbances involving wolence or the threat of violence 3 It w~ll provide addlt~onal resources for the City in the effective response to natural or man-made d~sasters PRIOR ACTION/REVIEW' The agreement has been rewewed by the City's Legal Department and authorized representatives of Texas Woman's Umverslty The agreement has been approved by John Erwln, the Cluef of the TWU DPS, and myself The agreement has been approved as to form and content by the City's Legal Department FISCAL IMPACT. The ordinance will not involve any additional costs to the City Respectfully submitted, Gary L Matheson Chief of Police Prepared by sewnght Support Operations D~vls~on I RESOLUTION NO A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS, AND TEXAS WOMAN'S UNIVERSITY TO PROVIDE MUTUAL ASSISTANCE BETWEEN THE TEXAS WOMAN'S UNIVERSITY DEPARTMENT OF PUBLIC SAFETY AND CITY OF DENTON POLICE DEPARTMENT, AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Texas Education Code §107 82 allows The board of regents of Texas Woman's Umvers~ty and the city council of Denton to enter into written agreements to authorize the regular employed peace officers of the umvemty to assist the peace officers of the city m enforcing the laws of the state and the ordinances of the city at any locataon m the city, and WHEREAS, the city cotmcfl finds that it is in the pubhc interest to approve an agreement allowing mutual assistance between Texas Woman's Umverslty Department of Pubh¢ Safety and City of Denton Pohee Department, NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES ECT.~_QT.!.Q.!~2 That the City Council hereby approves the Agreement attached hereto, between the C~ty of Denton and Texas Woman's Umvers~ty to prowde mutual assistance between Texas Woman's Umvers~ty Department of Public Safety and the C~ty of Denton Pohce Department, and authorizes the Mayor to execute smd Agreement SECTION 2 That ttus resolution shall become effective ~mmed~ately upon ~ts passage and approval PASSED AND APPROVED thts the day of ., 2000 EUL1NE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY MUTUAL AID LAW ENFORCEMENT AGREEMENT BETWEEN TEXAS WOMAN'S UNIVERSITY DEPARTMENT OF PUBLIC SAFETY AND CITY OF DENTON POLICE DEPARTMENT WHEREAS, pursuant to the powers granted under Chapter 51 and Chapter 107 of the Texas Educatmon Code, the Cmty of Denton, Texas, and Texas Woman's Unmversmty desmre to form a mutual amd law enforcement agreement to cooperate mn the lnvestmgatmon of crlmmnal activity and enforcement of the laws of this state and the ordmnances of the Cmty of Denton, and to provmde addmt~onal law enforcement officers to protect health, lmfe, and property agamnst rmot, agamnst unlawful assembly accompanied by the use of force or vmolence, and durmng tmmes of natural dmsaster or man-made calamIty, NOW, THEREFORE, mn consmderatmon of the mutual promises each to the other made, the partmes do hereby agree as follows I The followmng terms shall have the followmng meanmngs when used mn thms agreement A) "Law Enforcement Officer" means any coramlssmoned peace offmcer, B) "Member" means a party to thms agreement, C) "Chmef Law Enforcement Offmcer" means the Chmef of Polmce of the Cmty of Denton Polmce Department and the Dmrector of the Texas Woman's Unmverslty Department of Publmc Safety, D) "Chief Admlnmstratlve Offmcer" means the mayor of the City of Denton and the Presmdent/Chancellor of Texas Woman's Unmverslty, E) "Assmgnee" means a peace offmcer commmss~oned by one of the members II The Members agree to form and by thms agreement do form a mutual amd law enforcement group ("the Group") whose jurmsdlctmon shall be throughout the territorial boundaries of the Members III The purpose of the Group zs to cooperate mn the znvestlgatzon of crlmznal actmvzty and enforcement of the laws of thzs state and the ordmnances of the City of Denton and to assmst mn providing additional law enforcement offzcers to protect health, life and property against rzot, unlawful assembly charactermzed by the use of force or vmolence, and during tmmes of natural disaster or man-made calammty IV Subject to the Members' discretion as to partmcmpatzon and determmnatmon of avamlabmllty of personnel, a Member may assign its law enforcement personnel to the Group to perform law enforcement dutzes outsmde the Member's normal terrztormal lmmlts provzded the Chmef Law Enforcement Offzcer, or hms/her desmgnee, has determmned the assmgnment ms necessary A) for znvestzgatzon of crmmmnal actmvlty and for law enforcement, or B) to protect the health, lzfe and property of any other Member, zts inhabitants, and the vmsmtors thereto, by reason of rzot unlawful assembly charactermzed by the use of force or violence, or threat thereof, or during tmme of natural dmsaster or man-made calamity V The Chief Law Enforcement Offmcer of a Member, or his/her deszgnee, mn hms/her sole dzscretmon, at any tmme, may wmthdraw his/her Asszgnee and dlscontznue partzclpatmon in any actmvmty znztzated pursuant to thzs agreement VI While any Assignee zs mn the servmce of the Group, he/she shall be a peace offzcer wmth all the same powers he/she might have when wmthzn the normal terrmtorzal llmzts of the Member where he/she zs regularly employed Addmtzonally, such Assmgnee shall have the same mnvestzgatzve authority as mf he/she were mnvestzgatzng crzmlnal actzvzty wmthmn the normal terrztormal lmmzts of the Member where he/she ms regularly employed 2 VII Each Assignee, while in the service of the Group, shall be under the coramand of the Chief Law Enforcement ©fflcer of the Member where he/she is regularly employed, except that, pursuant to section 107 82(c) of the Texas Education Code, while any Assignee of Texas Woman's University is in the service of the Group, and when acting outside the property of the University or outside any public street running through, adjacent to, or within property owned or occupied and controlled by the University, the Assignee is under the jurisdiction and command of the Chief of Police of the City of Denton Police Department Neither the State of Texas nor Texas Woman's University shall be liable for actions of a campus police officer acting under the jurisdiction and command of the Chief of Police of the City of Denton Police Department VIII Any Assignee shall receive the same wage, salary, pension, and any and all other compensation and other r~ghts for service with the Group, including injury or death benefits, and workers compensation benefits, equipment, clothing, and vehIcles, as though the service has been rendered within the normal territorIal l~mlts of the Member where he/she is regularly employed Moreover, all wage and disability payments, including workers compensation benefits, pension payments damage to equipment and clothing, medical expenses and expenses for travel, food and lodging shall be paid by the Member which regularly employs said Assignee in the same manner as though the service had been rendered within the territorial limits of the Member where he/she is regularly employed IX In the event that any person performing law enforcement services pursuant to this agreement should be c~ted as a party to any civil lawsuit, state or federal, arising out of the performance of those servIces, he/she shall be entitled to the same benefits that he/she would be entitled to receive if such civil actions had arisen out of the performance of his/her duties where he/she is regularly employed, and In the territorial limits of the Member by which he/she is regularly employed X Third party claims against Members shall be governed by the Texas Tort Claims Act or other appropriate statutes, ordinances or laws of the State of Texas XI It is expressly understood and agreed that, in execution of this agreement, no Member waives, nor shall be deemed hereby to waive, any lramunlty or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions XII The validity of this agreement and of any of its terms or provisions, as well as the rights and duties of the Members hereunder, shall be governed by the laws of the State of Texas XIII In the case that 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 unenforceablllty shall not affect any other provision contained herein, and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein XIV This instrument contains all the commitments and agreements of the Members, and any oral or written commitments not contained herein shall have no force or effect to alter any term or condition of this agreement XV This agreement shall be executed by the Mayor of the City of Denton and by the Chair of the Board of Regents of Texas Woman's University XVI Thzs agreement shall become effectmve between the Members on December 8, 2000 This agreement shall remain zn full force and effect for a period of one year from the effective date hereof and shall automatically be renewed for an additional one-year period on each anniversary date However, at any t~me, any Member may discontinue participation in this agreement by giving thirty (30) days written notice by certified mall to the Chief Law Enforcement Officer of each Member XVII This agreement may be amended or modified in writing by mutual agreement of the Members, with said amendment or modification being attached to or incorporated into this agreement k Law Enforcement Office /'Chief Law Enforcement Officer Texas Woman's University DPS City of Denton Polzce Dept Date Date 5 Szgned thzs day of , 2000 CITY COUNCIL OF DENTON, TEXAS by Mayor Czty of Denton Attest City Secretary Approved as to form City Attorney Signed thzs __ day of , 2000 BOARD OF REGENTS TEXAS WOMAN'S UNIVERSITY by Chair Board of Regents Attest. Secretary to the Board of Regents Approved ATTORNEY GENERAL STATE OF TEXAS by First Asszstant Attorney General Date 6 AGENDA INFORMATION SHEET AGENDA DATE. December/4, 2000 Questions concermng th~s acqmsttlOn may be directed DEPARTMENT: Materials Management to Serry Clark 349-8390 ACM' Kathy DuBose, F~seal and Mum¢~pal Services ~ sUBJECT. An Ordinance anthonzmg the execution of change order one to the contract between the City of Denton and Jagoe Public Company, providing for the increase m the scope of work, contract term and an increase ~n the payment amount, prov~dntg for the expendaur¢ of funds therefore, and prowdmg an effective date (Ordinance 2000-054), B~d 2455 - Lakevmw Boulevard awarded to Jagoe Public Company m the amount of $798,106 plus change order one m the not to exceed amount of $195,350 00 for a total rewsed contract amount of $993,456 00) CHANGE ORDER INFORMATION: On February 15, 2000 the City Council approved a public works contract between Jagoe Public Company and the C~ty of Denton for concrete pawng of Lakevlew Boulevard in the amount of $798,106 00 (Ordinance 2000-054) Th~s change order in the amount of $195,350 00 is for an addltmnal 7,639 square yards of 7" concrete pavement and 5,500 hnear feet of curb/gutter for Windsor Drive between Hmkle and Parkslde This section of roadway is being reconstructed as a part of the m~scellaneous street pawng approved ~n the 2001 CIP Program Previous attempts to repave using asphalt have been unsatisfactory and only lasted a short time in comparison to expectations due to sod conditions C~ty Street Department work crews have completed removal of ex~stlng pavement PRIOR .~CTION/REVIEW' Council approved a pubhc works contract between Jagoe Public Company and City of Denton on February 15, 2000 (Ordinance 2000-054) RECOMMENDATION' We recommend change order one be approval ~n the amount of $195,350 00 to Jagoe Public Company The mwsed contract price wall be $993,456 PRINCIPAL PLACE OF BUSINESS. Jagoe Pubhc Company Denton, Texas Agenda Information Sheet December 12, 2000 Page 2 ESTIMATED SCHEDULE OF PROJECT' The Lakewew Boulevard portmn of the contract ~s substantially complete The change order one for W~ndsor Drive ~s scheduled for completion by first week ~n February 2001 FISCAL INFORMATION' Funding for change order one ~n the amount of $195,350 00 ~s avadable from Street Department Budget account (100-020-0031-8303) Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Purchasing Order 11508 to Jagoe Pubhc Company Attachment 2 Change Order from Jagoe Pubhc Company Attachment 3 Change Order / Contract Rewsmn 1466 Agenda CI~ ~NTON, TEXAS 961-a TEXAS STREET PURCHASE ORDER DENTON, TX 76281 PO NUMBER I BATE/VENDOR NO OOCUMENT TYPE 11508 I 11-29-00 S24 dAG49000 VENDOR SHIP TO JAGOE PUBLIC COMPANY CENTRAL RECEIVING S24 VENDOR PICK UP STREETS P 0 BOX 250 901 B TEXAS ST DENTON TX 76201 DENTON TX ?6202 *** NOTE THIS PURCHASE ORDER SUPERSEDES P 0 # 11508 *** ITEM ACCOUNT NUMBER UNITS NUMBER DESCRIPTION BID NO LINE AMOUNT 01 100 020 0031 8303 0 O0 195,350 O0 PROdECT WINDSOR FROM HINKLE TO PARKSIDE CHANGE ORDER ONE TOTAL FOR P 0 195,350 O( The C~t¥ of Denton Texas ~s tax exempt-House BHI No 20 Reference PO Number on all B/L, Shipments and Invomes Shipments are FOB C~ty of Benton, or as ~ndmated By Purchasing D~wsmn RR Number Items Recmved Date Voucher Number Amount November 29, 2000 Mr Tom Shaw ~gtneenng Dopamnent C~Iy of~on 221N ~ ~o~ To~ 76201 ~ L~ BIv& - B~d g2455 ~ ~ Vo~ ~L gle~a e~r ~ ~Ho~g e~t~ m~ m ~n~t for onn~on on ~ Ori~nni Con.et ~o~t $79~1~.~ · 2 ~mH Coner~ Curb ~ ~ $.7S~F S4,12S.~ Tho abovo work is based upon cluanutms ost~matcd by chscussion wtth C~ty put.amaH U' you hav~ any que~ons or w~sh to chscuss ~s mater further, please do not hesitate to call Thsnl~ you very much for your business Slnc~roly, Bill Chcck, Jr ' Vice President ATTACHMENT 3 ~.O. ~X 350 5500 linel~ ~.... ...... ............,., ..... ........... ~~ s~) ~ ~ cx~) ~ ~s.sz~,3so ~ ~ m~ vz~ a~ (2ac~) aY..... ( aa ~o,, ~e~. ~sa~ DO~, ~ 74201 ,., ORDINANCE NO AN ORDINANCE AUTHORIZING THE EXECUTION OF CHANGE ORDER ONE TO THE CONTRACT BETWEEN THE CITY OF DENTON AND JAGOE PUBLIC COMPANY, PROVIDING FOR THE INCREASE IN THE SCOPE OF WORK, CONTRACT TERM AND AN INCREASE IN THE PAYMENT AMOUNT, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (ORDINANCE 2000-054), BID 2455 LAKEVIEW BOULEVARD AWARDED TO JAGOE PUBLIC COMPANY IN THE AMOUNT OF $798,106 PLUS CHANGE ORDER ONE IN THE NOT TO EXCEED AMOUNT OF $195,350 00 FOR ROAD CONSTRUCTION FOR A PORTION OF WINDSOR DRIVE FOR A TOTAL REVISED CONTRACT AMOUNT OF $993,456 00) WHEREAS, on February 15, 2000 (Ordinance 2000-054), the Cnty awarded a publnc works contract to Jagoe Publnc Company, m the amount of $798,106 00 for Lakewew Boulevard, and WHEREAS, the C~ty Manager havnng recommended to the Councnl that a change order be authorized to amend such contract agreement w~th respects to the scope of work, materials, labor and an increase m the payment amount, and sand change order benng m comphance w~th the reqmrements of Chapter 252 of the Local Government Code, Now, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the change order ~ncreasnng the amount of the publnc works contract between the Cnty and Jagoe Pubhc Company copy of whmh ns on file ~n the office of the Purchasing Agent, m the amount of One Hundred Nnnety Fnve Thousand Three Hundred Ftfty and no/100 Dollars (195,350 00), ns hereby approved and the expenditure of funds therefor ~s hereby authorized The master contract amount ns amended to read $993,456 00 SECTION II That th~s ordinance shall become effective ~mmedmtely upon ~ts passage and approval PASSED AND APPROVED th~s the day of 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL. fi~ ORM 000 AGENDA INFORMATION SHEET AGENDA DATE: December Iq, 2000 Questions concerning this acquisition may be d~rected DEPARTMENT' Materials Management to Alex Pettlt 349-8595 ACM. Kathy DuBose, Fiscal and Mum¢lpal Services - SUBJECT: An Ordinance authorizing the execution of change order two to a contract for lease purchase financing of PC's, monitors, and peripheral equipment between the C~ty of Denton and Dell Financial Services, providing for an increase in the quantity of~tems, increase in the annual lease payment amount, and providing for the expenditure of funds therefore, and providing an effecuve date (File 2495 - Dell F~nanclal Services awarded ~n the amount of $943,398 and change order one in the amount of $19,656 68 plus change order two in the amount of $337,710 30) CHANGE ORDER INFORMATION. On March 21, 2000 the City Council approved a master lease with Dell Financial Services for the lease of PC's, Notebooks, Monitors and Peripheral equipment The term ~s for 36-month payout and replaces an older lease from IBM for s~mflar eqmpment The master lease with Dell Fmancml ~mtlally included 450 PC's, 50 notebooks, software and peripherals Access to the Master Lease ~s through the State of Texas General Services Comm~ssaon Department of Information Resources Cooperative Purchasing Agreement This change order two m the amount of $337,710 30 is for the lease of 137 PC's and 46 Laptops, including 36-month finance charges, to support the Pubhe Safety System upgrade Purchase Order 11503 in the amount of $112,570 10 is for the first two of 6 seml-annual payments RECOMMENDATION' We recommend this change order two be approval ~n the amount of $337,710 30 and that Purchase Order 11503 be approved to Dell F~nancml Services for the first year payment PRINCIPAL PLACE OF BUSINESS: Dell Financial Services Round Rock, Texas ESTIMATED SCHEDULE OF PROJECT. The hardware and soRware ~s available for delivery w~th~n 30 days and completion of the Pubhc Safety System Upgrade should be completed within 60 days of receipt of materials Agenda Information Sheet December 12, 2000 Page 2 FISCAL INFORMATION. Funding for tins first year lease of add~tmnal cqmpment is avmlable from 2000/2001 budgeted fund account 770-044-0080-8509 Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Purchasing Order 11503 to Dell F~nancml Servmes Attachment 2 Quotation and Lease Proposal fi.om Dell F~nanc~al Servmes 1467 Asenda ATTACHMENT 2 Lease Proposal Financial Services November 16, 2000 Lseeor Dell F~nanc~al Services LP, and/or ~ts successors and ase~gns Leeaee CITY OF DENTON Structure Master Lease Agreement and Schedule(s) thereto by and between Lessor and Lessee speckling Dell Equipment (the "Products") spemfic to th~s proposed transaction (e g, payments, equipment, costs, term) which are otherwme subject to the terms and conditions of the Master Lease Agreement Essentiality Lessee shall warrant to Lessor that the Products are essential to Lessee's proper, effioent and economic operation DF$ Account Rep Lane Thomas Leeae Structure 36 Month Term, Sem~-Annual Payment Fair Market Value Lease DF8 Dell I I I Soft Cost I Total Financed Lease Rata Lease Rata Payments Quota. I Ic°st H.rdwar. I SoftCo.t' Le... Quote # Equipment I Qty I Hardware Amount Factor Factor ( n Advance H42 5~089285 Dell Pill 933 GX110 137 $1,385 00 $0 00 $189,745 00 018294 0 19554 $34,71 t 95 Mlnffower 1143 50145115 Latitude LS HS00ST, 12 1 48 $2,027 00 $50200 $116,33400 018294 019554 $2157310 In,TFTModem total Payment $3.412.00 $502.00 $306.07§.00 $~8.285.05 · Soft Costs rates are applied to software (other than the prtmau operating system software), Installation, service and shipping if applicable End of Lease Options FAIR MARKET VALUE PURCHASE OPTION Opt~oas available to Lessee upon completion of thc Primary Term are as follows 1) Purchase the Products at the then filir market value of the Products 2) Return all Products to Lessor in accordance with the Master Lease Agreement 3) Renew thc Lease on a fair market r~newal basis Ask us about our 0% Server Financing! One Dell Way, RR8 #34, Round Rock, TX 78682 · (800) 955-3355 x44838 Fax (512) 728-1765 Page 3 Lease Proposal cont November 16, 2000 Lease Quote The Lease Quote ~s exclusive of sh~pp~ng costs, maintenance fees, fil~ng fees, licensing fees, sales, use or property taxes, insurance premiums and s~m~lar ~tems which shall be charged to Leesse's account Lessee w~ll pay Rent and all other amounts without sat-off, abatement or reduction for any reason whatsoever In addition, Lessee shall declara and pay all sales, use and personal properb/taxes to the appropriate taxing authorities If the Lessee ~s tax exempt, please fax a copy of your tax exemption cert~ficata acceptable to the relevant taxing authority w~th the,Lease Purchase Order The Pumhaee Order should be made out to Dell Financial Services L P, One Dell Way, RR8 Box 34, Round Rock, TX 78682 The Pumhase Order should include the quote number, quantity and a deecript~on of the Products Please be sure to ind~ceta that the PO ~s for a lease order and shows the type of lease, the term length, and payment frequency The date of the Lease Quota referenced should be ~ncluded Please be sure to ~nclude any applicable sh~pplng cOsts as a separate line ~tem Please include your address as the SHIP TO deetmat~on Insurance The nsk of loss on the Equipment ~s borne solely by the Lessee Lessee shall be requ~rad to pumhaas and maintain during the Term (0 comprehensive public hab~llty insurance naming Lessor as additional insured, (,) "all-r~sk" physical damage insurance in a minimum amount of the Pumhasa Pnce, naming Lessor as first loss payee, and, (,i) workmen'e compensation insurance Appropriation Covenant. The Lease shall contain an appropnabon of funds clause The Lessee will covenant that it w~ll do all things legally within its power to obtain and maintain funds from which the Rent may be pa~d and Lessee will not g;ve priority or parity ~n the apphcat~on of funds to any other funct~onally similar equipment Intheevectofa non-appropnation, Leeseew~llnot pumhasa, lease or rant equipment perform;rig functtons s~m~lar to those performed by the Pmducta during the fiscal period for which funds were not appropnatad Documentation Duly executed Lease and other appropriate documents, including, acceptance certificates, opinions of counsel, insurance certificates, eessnt~al use loP. ere, municipal carbficatas, UCC financing statements, audited finanmals and such other documentabon as ~s reasonably requested by Lessor Proposal ValldltylApprovale This is a proposal based upon market cond~bons as of today, ~s valid for 30 days and ;s subject to final credit approval, rewew of the econom;cs of the transaction and execubon of mutually acceptable documantat~on Ask us about our 0% Server Financing! One Dell Way, RR8 #34, Round Rock, TX 78682 · (800) 955-3355 x44838, Fax (512) 725-1765 501448/2 file///Ct/WINDOWS/TEMP/Quote 50144872 HTML DELL E Com QUOTE # $0144872 Customer # 834505 Quote Date 11/17/00 Date 11117100 1 33 88 PM Customer Name CITY OF DENTON Tax $0 00 ............... Shipping & Handling $8,220 00 ..... 8hlppl Method 3rd Day Total Number of System Groups )~e Unit ~/~,~ound,2MK Cache ......... ~11 rzgo PD Trh,iuv~,IQ o"~l~Dlelimage 81~,OptlPteXUXl~OlllU ~ DriVe t09B,7]oo KPM,EIDE,~I 101QX~O01~ X3dO MInlT~r ~O~Z11 J .... ~;6~ ~'"~rive ......... 1 5,1 MMO FIop~ DflVe,U~?OOI1101T 5 MIO-DeeKt0P'MInI-TO~r Mouee ...... ' .... ;;~;~ IWlllmO~e'~Ps/z)UXlOOl~ ~115 (~d~3556) ................. NIC ' ' ' i~i~d' lWlgg 3Gore ~emo~wax~p Nl~,Optlpl~x;~o0t3oo (~0~061) ' ~UM 0r OVO ~UM Drwe ............ ~w4ox. , ~o RUM?~Xl10 MId~o~ no MInlTO~r (313~585 .... ~p.on 1 ~.,..,v. Klser FO~XlO 1gat Sewice ............... ............. :or~o~ h~ (~0 9062) .... Tax $0.00 ShlRplng & Handling $8,220.00 Shipping Method, 3rd Day Total Number of System Groups I I of 2 11/17/2000 4 40 PM 501448?2 file///Ct/WINDOWS/TEMP/Quote 50144872 HTML I SALES REP Uen Trout .... [ PHONI~ I 800'981'3355 Emal!iA(~¢lrese danle ._trout~del com ' "Ph0ne Ext' 6.2.Z?z For your convenience, your sales representative, quote number and customer number have been included to provide you with faster service when you are ready to place your order You may also place your order online at www dell comlquote This quote is subject to the terms of the agreement signed by you and Dell, or absent such agreement, is subject to the applicable Dell terms and conditions agreement Prices and tax rates are valid In tho U S only and are subject to change All product and pricing Information Is based on latest Information available Subject to change without notice or obligation LCD panels In Dell products contain mercury, please dispose properly Please contact Dell Financial Services' Asset Recovery Services group for EPA compl,ant disposal options at US_DFS._AseatRecovery~dell corn Minimum quantities may apply 2 of 2 I 1/17/2000 4 40 PM 50145115 file///CI/WINDOWS/TEMP/Quote 50145115 HTML DELL E Corn QUOTE # 50145115 Customer # 834505 Quote Date 11/17/00 Date 11117100 1,34 00 PM Customer Name CiTY OF DENTON Tax .... $0 go ,,, Shipping & Handling $t,610 00 i~hlpplng Method ....... ;]rd Day ........... Group· ..... 1 ............... To,fl]I Number, °f ~y·t~m , ........ ~ II '~ · · · I SaSe unit ........ .auiuae 1.8 ho~l,1Z 1 In,TVTMOde~,NIO,~n~llOn ~ZZO~d~Z~ .......... M'~mo~ ......... :oo~ul UlMMUU~MmrUell~d~N~OO~,Facto~,,Ins~ (311-~000) ~oflltor )ell ~ n Ulmaan r;eu,lu 0in vitae Image sl~,co;o~nltor ;o(~ell " ~tl~deNo~b Tied (32~7830) ~im Urlve ........... zuu. Ham ufl~,u ~ For Oellbatl~de L~ ~o~booKs,~a,~to~ InStall (340~1~) ~Pa~!~' SysM~ wlna~ 2uoo,angllSn,~or ~1 La~ L8 Nomboou,Pac~owin~ll (4zo-z13z) ROM or DVD ROM Drive ~313~686) ' ~on 1 ' .......... ~ ~a~lng ~ for Uell~tlmdd c~/L~ NO~D~K.,PiOK~g'~b wire ~M on 1 ........ ~ell Ffiii .~ ~a=~ ~=;e LJ' ~a~ o~ Install (31 z-Tzoo) '" ~ewlce .................. ,ext ~i~i ~ an~ com;l~amI ;ewlce, z Y~r ~neee ~'~-3~221 .... Tax $0 00 Shipping & Handling' $t,810 00 Shipping Me~h'0d ................... ~'rd Day Total Numb·r Of Syata? (~'ro,F)8 ....... , ,,, ~ E.~&;llAdCIreg· i,,,damel trout~Clell eom ' ' ,,Phone e~t',, ez21z I : III I m iiiiiiii ii IIIIII iiiiii i For your convenience, your ··lee representative, quote number and customer number have been included to provide you with faster sen/ice when you are ready to place your order You may also place your order online at www dell corn/quote I of 2 11/17/2000 4 41 PM >0145115 file///CI/WINDOWS/TEMP/Quote 50145115 HTML Th~s quote is subject to the terms of the agreement signed by you and Dell, or absent such agreement, Is subject to the applicable Dell terms and conditions agreement Prices and tax rates are valid In the U S only and are subject to change All product and pricing Information is based on latest Information available Subject to change without notice or obligation LCD panels In Dell products contain mercury, please dispose properly Please contact Dell Financial Services' Asset Recovery Services group for EPA compliant disposal options at US DFS AssetRecovery~dell corn Minimum quantities may apply 2 of 2 11/17/2000 4 41 PM ORDINANCE NO AN ORDINANCE AWARDING CHANGE ORDER TWO TO A CONTRACT FOR LEASE OF DESKTOP PCS, NOTEBOOKS, SOFTWARE AND PERIPHERALS AS AWARDED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION, DEPARTMENT OF INFORMATION RESOUCES (DIR) BETWEEN THE CITY OF DENTON AND DELL FINIANCIAL SERVICES PROVIDING FOR AN INCREASE IN QUANTITY OF ITEMS AND INCREASE IN THE ANNUAL PAYMENT LEASE PAYMENT AMOUNT, PROVIDING FOR THE EXPENDITURE OF FUNDS, THEREFOR AND PROVIDING FOR AN EFFECTIVE DATE (FILE 2495-DELL FINANICIAL SERVICES AWARDED IN THE AMOUNT OF $943,398 AND CHANGE ORDER ONE IN THE AMOUNT OF $19,656 68 PLUS CHANGE ORDER TWO IN THE AMOUNT OF $337,710 30) WHEREAS, pursuant to Resolution 92-019, the State Purchasing General Services Commission has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of state law on behalf of the C~ty of Denton, and WHEREAS, on March 21, 2000, the C~ty awarded a 36 Month Master Lease Agreement for PC's, Monitors, Laptop, and Peripheral Equipment to Dell Financial in the mount of $943,398, and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, eqmpment, supplies or serrates can be purchased by the City through the General Services Commission programs at less cost than the C~ty would expend if blddmg these 1terns mdlvldually, and WHEREAS, the City Manager having recommend to the Council that a change order be authorized to amend such lease agreement w~th respect to the scope and price and smd change order being in compliance with the requirements of Chapter 252 of the Local Government Code, exempting such purchases from the competitive bid process, NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the change order two increasing the amount of the lease agreement between the City and Dell Financial Services copy ofwluch is on file in the office of the Pumhasmg Agent, in the amount of Three Hundred Thirty Seven Thousand Seven Hundred and Ten and no/100 (337,710 30), ~s hereby approved and the expenditure of funds therefore is hereby authorized The master lease annual amount is amended to read $1,300,764 98 SECTION II That by the acceptance and approval of change order two to the master lease on file in the office of the Purchasing Agent, the City accepts the offer of the persons submitting the bids to the General Services Commission for such ~tems and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contmned in the bid documents and related documents filed with the General Services Comm,ss~on, and the purchase orders issued by the City SECTION III That should the City and persons submitting approved and accepted ,rems set forth in the change order two wish enter into a formal written agreement as a result of the City's ratification of b~ds awarded by the General Services Comm,ss~on, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be substant, ally the same as the documents on file in the office of the Purchasing Agent, prowded that the written contract is in accordance with the terms, conditions, spemficatmns and standards contained ~n the Proposal submitted to the General Services Commms~on, quantmes and specified sums contained in the change order two, and related documents herein approved and accepted SECTION IV That by the acceptance and approval of the listed items set forth m the change order two, the C~ty Counml hereby authorizes the expenditure of funds therefor ~n the amount and m accordance w~th the purchase orders msued by the City or pursuant to a written contract made pursuant thereto as authorized here~n SECTION V That thru ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED ti'ns day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS...T~ LEGAL.~RIVI HERB~[~lk. ~OU~Y ATTORNEY Fde 2495 Dell Flna~la[ CO 2 -/General Services Commission-2000 AGENDA DATE: December/~, 2000 Questions concerning th~s acqms~t~on may be d~rected DEP~TMENT. Materials M~agement to Ca~ Tower 349-8424 ACM ~y D~ose, F~seal ~d Mummpal Seduces ~ sum c . ~ Ordinate accepting competitive b~ds by way of ~ ~tcrlocal A~ccmcnt w~th State of Texas General Se~mes Commission and aw~d~ng a contact for ~e purchase of T~rcs & Tubes to Gray's ~olesale T~re D~stnbutors, ~c, pmwdmg for ~e expenditure of funds therefore, ~d prowd~ng ~ effective date (File 2607 - Gray's ~olcsale T~rc D~st, ~c ~n thc ~ual estimated amount of $55,000) CONTACT INFO~ATION: The Texas Local Govc~ent Code Chapter 271 Subchaptcr D allows for ~cal Gove~ental ent~t~es to p~c~patc m State of Texas contracts aw~ded by the General Seduces Co~ss~on ~ ~s p~mul~ ~nst~ce, the State ofTex~ h~ aw~ded a con~act for t~rcs ~d tubes that will be adv~tageous to the C~ty of Denton (State of Tcx~ T~rc ~d Tube Con~act Class 8~3-A1) The con.ct ~ncludes all s~zes ~d t~es oft~res ~d tubes, local dehve~ ~d complete stock ~n the Fo~ Wo~ W~ehouse ~d D~smbutmn Center A l~ge ma~onW of local govc~ental ent~t~es ~n the DFW Me~oplex utilize th~s con~act ~COMMENDATION' We recommend the C~ty of Denton approve ~e State of Texas Con~act W Gray's Wholesale T~re D~smbutors, ~c, as o~ authonz~ t~re ~d ~be supphcr P~NCIP~ PLACE OF BUSINESS: ~ay's ~olesale T~re D~smbutors, ~c Fo~ Wo~, TX ESTIMATED SCHEDULE OF PRO. CT: Th~s ~s ~ ~u~ con.act ~d will be m effect t~ough July 31, 2001 ~d~wdual orders w~ll bc dehvercd ~e following workday or sooner FISC~ INFO~ATION. T~rcs ~d tubes ~11 be ordered ~ needed ~d ch~ged to Fleet Se~ccs Vehicle Mamtcn~ce account (710-025-0583-8702) Agenda Information Sheet December 12, 2000 Page 2 Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Notice of Award to Gray's Wholesale Ttre D~stnbutors, Inc Attachment 2 Contract Catalogue/Table of Contents 1469 Agenda ATTACHMENT 1 CHAIR-MAN General Services Commission COMMISSIONERS 1711 San Jacmto P O Box 13047 Tomas Cardenas Jr P E Aust~ Tex~ 78711-3047 Jtm Web Site ~ Nsc state ~ us Dmmcm Vtdal Flores, P Fred N Mosea (512) ~3-3035 Ba~ara Ruahng ~0/28/99 ROTICg OF g~R~ 21402 RE: Contract Awards - Class 863-A1 GRAY'S WHOLESALE TIRE DIST INC Bids Opened 07/08/99 PO BOX 2561 Contract Period from 11/01/99 to 07/31/00 FT WORTH, TX 76113 Estimated Contract Usage $3,613,447 Bond Required NONE Dear Vendor. Your company has been awarded a term contract with the State of Texas Commodities/Services listed on the attached pages must be provided as specified in the Invitation for Bids. Ail terms and condit~ons set forth in the Invitation for Bids are made a part Of this contract. Any payment due under this contract will be applied towards any debt, including but not limited to delinquent taxes and child support that is owed to the state of Texas. The dispute resolution process provided for in chapter 2260 of the Texas Government Code must be used by the General Services Commission and the contractor to attempt to resolve all disputes arising under this contract Please review the attached listings and notify this office within 10 days of the date of this letter of a~y errors requiring correction. Notate corrections on a copy of the attached listing and forward to Leigh Bailey. If your company indicated participation in the ~ood Faith Effort Program (GFEP), this letter also serves as notice of acceptance of your subcontracting effort. If you have any questions, please call Lexgh Bailey at 512-463-~369. Respectfully, Paul E. Schlimper Paqe P4 ATTACHMENT 2 863-A1 P~one: 713-937-7790 Phone: ;, 800-392-860~ Fax: Fax: 713-937-7399 Table Of Contents Pav~e # Total State Contract B~d A - W C, eneral Servzces Commisswn Contract A~vard Letter 84- 96 Sray' s Wholesale T~re Confidentml Government Price L~st Cover Page IA ~ray's Wholesale T~re Confidential Government Price L~st 1 - 83 Ultra H~gh Performance I H~gh Performance 2- 3 Performance 4 - 5 Touring 6- 7 Passenger 8- 15 Pohce Pursmt 16 Wrater Passenger 17 Tempa Spare 18 Passenger Original Eqmpment 19 - 21 L~ght Truck Recreational 22 - 25 Commercial Light Truck 26 - 27 L~ght Truck Original Equipment 28 - 31 Medtum Truck Radials 32 - 38 Medmm Truck Bras 39 - 41 Off The Road 42 - 48 Ag~cultural 49- 72 Bridgestone 73- 74 Summit 74 Carhsle 74 Dynastar & MRF 75 Towmaster 75- 77 M~scellaneous (Saeero & Po~ver Krug) 77 Tubes 78 - 83 Order Sheet 97 ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS BY WAY OF AN INTERLOCAL AGREEMENT WITH STATE OF TEXAS GENERAL SERVICES COMMISSION AND AWARDING A CONTRACT FOR THE PURCHASE OF TIRES & TUBES TO GRAY'S WHOLESALE TIRE DISTRIBUTORS, 1NC, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTiVE DATE (FILE 2607 - GRAY'S WHOLESALE TIRE DIST, INC IN THE ANNUAL ESTIMATED AMOUNT OF $55,000) WHEREAS, pursuant to Resolution 92-019, the State Purchasing General Services Commission has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies, or services ~n accordance with the procedures of state law on behalf of the City of Denton, and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies, or services can be purchased by the City through the General Services Commission programs at less cost than the City would expend if bidding these items individually, and WHEREAS, the City Council has provided in the City Budget for the appropnaUon of funds to be used for the purchase of the materials, equipment, supplies, or services approved and accepted herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I. That the numbered items in the following numbered contract file for matenals, equipment, supplies, or services, shown in the "Contract File" listed hereon, and on file in office of the Purchasing Agent, are hereby approved CONTRACT FILE ITEMS VENDOR AMOUNT 2607 All Catalogue Items GRAY'S WHOLESALE TIRE $ 55,000 O0 State of Texas Contract 863-A1 SECTION II That by the acceptance and approval of the above numbered items set forth m the referenced contract, the City accepts the offer of the persons submitting the bids to the General Services Commission for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, conchUons, specifications, standards, quantities and for the specified sums contmned in the bid documents and related documents filed with the General Services Commissions, and the purchase orders issued by the City SECTION III That should the C~ty and persons subm~mng approved and accepted items set forth in the referenced contract wish to enter into a formal wntten agreement as a result of the City's mtfficat~on of bids awarded by the H-GAC, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto, provided that the written contract is in accordance with the terms, conditions, specifications and standards contained m the Proposal submitted to the H-GAC, quantiUes and specified sums contained in the City's purchase orders, and related documents herein approved and accepted , SECTION IV That by the acceptance and approval of the above numbered xtems set forth m the referenced purchase orders, the ,C~ty Council hereby authorizes the expen&ture of funds therefor xn the amount and ~n accordance w~th the approval purchase orders 'or pursuant to a written contract made pursuant thereto as authorized here~n SECTION V That thxs or&nance shall become effective ~mme&ately upon xts passage and approval PASSED AND APPROVED th~s day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY File 2607 - Grays Wholesale Tire lntarloeal ORDINANCE (I 1-00) AGENDA INFORMATION SHEET AGENDA DATE: December/~, 2000 Questions concerning th~s acqms]t~on may be d~rected DEPARTMENT: Materials Management to Cary Tower 349-8424 ACM. Kathy DuBose, Fiscal and Mumelpal Servmes SUBJECT: An Ordinance accepting competitive bids and awarding a series of contracts for the purchase of fleet vehmles, and provid~ng for the expenditure of funds therefore, and prowd~ng an effective date (B~d 2578 - Fleet Vehmles awarded to lowest responsible b~dder each ~tem as hsted below, total expenditure $937,658 20) BID INFORMATION: Th~s b~d is for the purchase of Motor Pool Fleet Add~tmns and or Motor Pool Fleet Replacements The individual umts will be assigned to Sohd Waste, Wastewater Treatment, Facilities Maintenance, Electric Meter Reading, Electric Distribution, Code Enforcement, Street, Water/Sewer, Parks, Police, Technology Servmes, F~re Department, Materials Management, Litter Control and Water Production Car3/Tower, Fleet Services Supenntendent, recommends extended warrantms for all apphcable vehicles The puces listed have been adjusted to include a mlmmum of five year or 75,000 mile warranty A tracking method is m place to take advantage of the extended warranties All vehicles are certified Low Emlssaon Vehicles (LEV) by the EPA and TNRCC RECOMMENDATION: We recommend this bid be awarded to the lowest bidder as hsted Cost/Extended Item QtY Descrlntion SUu~ller Warranty Extended Cost 1 I 7 Pass M~m VanLee Lee Jarmon Ford $22,044 60 $ 22,044 60 2 1 Cargo Mml Van Lee larmon Ford $19,163 60 $ 19,163 60 3 3 4 Door Mid S~ze Sedan Phtlpott Ford $15,628 00 $ 46,884 00 4 1 4 Door Full S~ze Sedan Plulpott Ford $20,467 O0 $ 20,467 00 5 0 ~ Ton Suburban NO B1DS RECEIVED 6 10 ½ Ton Pzckup LWB Pl~lpott Ford $20,989 00 $209,890 00 7 2 ~A Ton P~¢kup Bi-Fuel Plulpott Ford $22,869 00 $ 45,738 00 8 0 ~ Ton Ptekup Gasoline NO AWARD AT THIS TIME 9 1 ~ Ton Pickup 4 WD Bi-Fuel Village Ford $24,359 00 $ 24,359 00 10 2 ¥~TonP~clmpDtesel Lee Sarmon Ford $22,63675 $ 45,27350 11 I ~ Ton Pickup Ext Cab Diesel Village Ford $24,218 00 $ 24,218 00 12 2 ~ Ton Plclmp Ext LWB Diesel Plulpott Ford $24,189 00 $ 48,378 00 13 I ~TonPlckupCab/Chass~s Lee Jarmon Ford $22,37075 $ 22,37075 Agenda Information Sheet December 12, 2000 Page 2 RECOMMENDATION (Continued)' Cost/Extended Item Qty Deseriotion Supplier Warranty .Extended Cost 14 1 ~ Ton Pickup Ext Cab C/C Village Ford $22,371 00 $ 22,371 00 15 1 ~ Ton Ptckup 4WD C/C Village Ford $24,865 00 $ 24,865 00 16 I 1TonExtCabC/C Lee Jarmon Ford $25,15045 $ 25,15045 17 4 1 ¼ Ton Bi-Fuel C/C Village Ford $26,390 00 $105,560 00 18 4 2 Ton Bt-Fuel C/C Village Ford $27,358 00 $109,432 00 19 I 2 Ton Bt-Fuel C/C Village Ford $31,025 00 $ 31,025 00 20 I 2TonCrewCabBt-FuelC/C Lee Jarmon Ford $30,13835 $ 30,13835 21 I 2 Ton Crew Cab Diesel C/C Phflpott Ford $34,556 00 $ 34,556 00 22 1 ~ Ton Crew Cab Diesel Lee Jarmon Ford $25,773 95 $ 25,773 95 Total 40 Total Expenditures $937,658 20 Vehicles The lower prices offered by Village Ford on ~tems 1 and 2 failed to meet spectficat~ons for stze of vehicle Item 5 will be reb~d at a later date Item 8 has been deleted and we will order one addttmnal off of Item 7 in its place PRINCIPAL PLACE OF BUSINESS. Phflpott Ford Lee Jarmon Ford Village Ford Port Neches, TX Carrollton, TX Lew~swlle, TX ESTIMATED SCHEDULE OF PROJECT: Quoted delivery of the various vehicles ranges from 60 to 180 days after receipt of an order FISCAL INFORMATION. The acqmsltmn of this fleet of vehicles wtll be funded from 2000-2001 Motor Pool Replacement funds and 2000-2001 budget funds approved during the budget development process Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Tabulahon Sheet 1470 Agemla ATTACHMENT #1 TABULATION SHEET B~d # 2578 DATE 11/22/00 FLEET VEHICLES No Qty DESCRIPTION VENDOR VENDOR VENDOR , Phllpott I~ord Lee Jarmon Ford Village Ford PLACE OF BUSINESS Port Neches Carrollton Lewlsville 1 1 MINI VAN 7 PASSENGER WINDOW NB $21,534 60 $18,643 00 (Full Size Van) D~agnositc San Tool NB $480 00 N/C Extended Warranty NB $510 00 $370 00 2 1 MINI VAN 7 CARGO WINDOW VAN NB $18,653 60 $17,580 00 (Full Size Van) Diagnositc San Tool NB $480 00 N/C Extended Warranty NB $510 00 $370 00 3 3 FOUR DOOR MID-SIZE SEDAN $15,268 00 $16,003 76 $15,844 00 Extended Warranty $360 00 $510 00 $360 00 4 1 FOUR DOOR FULL SIZE SEDAN, RWD $20,107 00 $20,439 35 $20,488 00 Extended Warranty $360 00 $510 00 $360 00 5 I SUBURBAN 1/2 TON NB NB NB Extended Warranty NB NB NB 6 10 PICKUP 1/2 TON LWB $20,629 00 $21,114 65 $20,994 00 Extended Warranty $360 00 $510 00 $360 00 PICKUP 1/2 TON EXTENDED CAB BI- 7 2 FUEL $22,509 00 $23,050 25 $22,966 00 Extended Warranty $360 00 $510 00 $360 00 8 I PICKUP 1/2 TON EXTENDED CAB GASOLINE NB $23,050 20 $22,966 00 Extended Warranty NB N/A $360 00 9 I PICKUP 1/2 TON LWB 4 WHEEL DRIVE BI-FUEL NB $24,458 25 $23,894 00 Extended Warranty NB $615 00 $465 00 10 2 PICKUP 3/4 TON REGULAR CAB DIESEL $22,568 00 $22,056 75 $22,844 00 Extended Warranty $430 00 $580 00 $430 00 ' PICKUP 3/4 TON EXTENDED CAB 11 1 DIESEL $24,771 00 $24,037 20 $23,788 00 Extended Warranty $430 09 $580 00 $430 00 12 2 3/4 Ton Pickup EXt Cab LWD Diesel $23,759 00 $24,222 75 $24,977 00 Extended Warranty $430 00 $580 00 $430 00 ATTACHMENT #1 TABULATION SHEET !No I Qty. I ..... DESCRIPTION VENDOR VENDOR VENDOR ........................... Phllpott Ford Lee Jarmon Ford Village Ford ,PLACE OF BUSINESS Port Neches Carrollton Lewisv~lle 13 I 3/4 Ton Pickup Cab/Chassis $22,368 00 $21,790 75 $22,250 00 Extended Warranty $430 00 $580 00 $430 00 14 1 PICKUP 3/4 TON EXTENDED CAB (8' BED DELETED) $23,198 00 $22,182 50 $21 996 00 Extended Warranty $370 00 $520 00 $375 00 15 1 PICKUP 3/4 TON 4 WHEEL DRIVE LWB (8' BED DELETED) $25,513 00 $24,922 75 $23,895 00 Extended Warranty $585 00 $735 00 16 1 CAB/CHASSIS, 1 TON, SINGLE REAR WHEELS, EXTENDED CAB $24,978 00 $24,380 45 $24 877 00 Extended Warranty $540 00 $770 00 NB 17 4 CAB/CHASSIS, 1 1/2 TON, HD, BI- FUEL, DUAL REAR WHEELS $26,946 00 $25,340 35 $25,310 00 Extended Warranty $830 00 $1,230 00 $1,080 00 18 4 CAB/CHASSIS, 2 TON, BI-FUEL, DUAL REAR WHEELS $28,018 00 $27,742 35 $26,278 00 Extended Warranty $1,080 00 $1,230 00 $1,080 00 19 1 CAB/CHASSIS, 2 TON, BI-FUEL, DUAL REAR WHEEL, 4 W DRIVE $31,098 00 $29 801 35 $28,945 00 Extended Warranty $1,220 00 $1 370 00 NB 20 1 CAB/CHASSIS, 2 TON, 4 DR CREW CAB, BI-FUEL, DUAL R WHEELS $33,671 00 $28,908 35 NB Extended Warranty $1,630 00 $1,230 00 NB 21 1 CAB/CHASSIS, 2 T,4 DR CREW CAB,DIESEL,DUAL R WHEELS $33,336 00 $33,284 45 NB Extended Warranty $1,220 00 $1,780 00 NB 22 1 PICKUP 3/4 TON CREW CAB DIESEL $25,865 00 $25 193 95 NB Extended Warranty $485 00 $580 00 NB DELIVERY IN DAYS 90 Days 80 Days 60-180 Days ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A SERIES OF CONTRACTS FOR THE PURCHASE OF FLEET VEHICLES, AND PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2578 - FLEET VEHICLES AWARDED TO LOWEST RESPONSIBLE BIDDER EACH ITEM AS LISTED BELOW, TOTAL EXPENDITURE $937,658 20) WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equ,pment, supplies or services m accordance with the procedures of STATE law and City ordinances, and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore, and WHEREAS, the City Counc, 1 has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equ, pment, supplies or services approved and accepted herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the numbered items m the following numbered bids for materials, eqmpment, suppl,es, or services, shown In the "Bid Proposals" on file in the office of Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items BID ITEM VENDOR AMOUNT 2578 1,2,10,13,16,20,22 Lee Jarmon Ford $189,915 20 2578 3,4,6,7,12,21 Phllpott Ford $405,913 00 2578 9,11,14,15,17,18,19 Village Ford $341,830 00 SECTION II That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the matenals, eqmpment, supplies or services in accordance w~th the terms, specfficat~ons, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents SECTION HI That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authonzed to execute the wntten contract which shall be attached hereto, provided that the written contract is in accordance with the terms, conditions, specifications, standards, quant~ties and specified sums contained in the Bid Proposal and related documents herein approved and accepted SECTION IV That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor m the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized' herein SECTION V That this ordinance shall become effective ~mmedlately upon its passage and approval PASSED AND APPROVED this day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 2578 - SUPPLY-SERVICES ORDINANCE -2000 AGENDA INFORMATION SHEET AGENDA DATE. December/9, 2000 Questmns concerning this acquisition may be d~rected DEPARTMENT: Materials Management to Jerry Clark 349-8390 ACM Kathy DuBose, Fiscal and Mummpal Servlces~'~ SUBJECT: An Ordinance accepting compet~tive bids and awarding a contract for the purchase of hot mix asphalt concrete, and appheable ~nstallatlon, providing for the expenditure of funds therefore, and providing an effective date (B~d 2580 - Hot Mix Asphalt Concrete m the annual estimated amount of $1,300,000) BID INFORMATION: This bid is for the annual contract to supply hot mix asphalt concrete and ~nstallation servmes as needed Th:s contract is utd~zed m the construction renovation and maintenance of City streets The contract allows for dehvery of asphalt to the jobslte or p~ckup in C~ty trucks at the plant and also a per ton price for lay down or installation at the d~rectlon of the Street Division The bid is for a one year ttme period with the option to extend for additional one-year periods RECOMMENDATION: We recommend this b~d be awarded to the lowest responsible bidder, Jagoe Public Company as listed below I Hot Mxx Asphalt delivered to jobs~te $27 00 Per Ton 2 Deduct for p~ck up at plant $ 2 50 Per Ton 3 Add per ton for installation 1-400 tons $ 7 00 Per Ton 4 Add per ton for ~nstallat~on 401 tons and up $ 5 00 Per Ton PRINCIPAL PLACE OF BUSINESS: Jagoe Pubhc Co Denton, TX ESTIMATED SCHEDULE OF PROJECT. Delivery of Hot Mix asphalt ~s avatlable w~th one-day notice FISCAL INFORMATION: Funding for the acqmslt~on ofth~s product will be charged to the appropriate account number at the time on order ~s placed We estnnate the annual usage to total approximately $900,000 00 Agenda Information Sheet December 12, 2000 Page 2 Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Tabulation Sheet 1471 Agenda ATTACHMENT 1 TABULATION SHEET B~d # 2580 Date 11/16/00 HOT MIX HOT LAY ASPHALT CONCRETE ,~,,I ~/..I,. , ..... r?~s,.c."!P~.~o~ ......... w.~o. V£.DO. v~.~o. ~ MARTIN , , REYNOLDS MARIETTA JAGOE PUBLIC Pnnc~ple Place of Bus~ness EULESS, TX DENTON, TX DENTON, TX HOT MIX HOT LAY ASPHALT $30 00 $27 00 $27 00 1 CONCRETE, FOB DELIVERED A DEDUCTION FOR PICK UP @ $25 00 $6 20 $2 50 PLANT B ADDITION PER TON FOR $38 00 $7 00 INSTALLATION (0-400 TONS) C ADDITION PER TON FOR $19 60 $5 00 INSTALLATION (4oo-0 TONS) SHIPMENT 1 DAY 1 DAY 1 DAY ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF HOT MIX ASPHALT CONCRETE, AND APPLICABLE INSTALLATION, PROVDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2580 - HOT MIX ASPHALT CONCRETE 1N THE ANNUAL ESTIMATED AMOUNT OF $1,300,000) WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances, and WHEREAS, the City Manager or a designated emlfloyee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore, and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the numbered items m the following numbered b~ds for materials, equipment, supplies, or services, shown m the "Bid Proposals" on file in the office of Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items BID VENDOR AMOUNT 2580 Jagoe Public Company Exhibit A SECTION 2 That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specffieatlons, standards, quantities and for the specified sums contmned m the Bid Invitations, Bid Proposals,, and related documents SECTION 3 That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto, provided that the written contract iS m accordance with the terms, conditions, specifications, standards, quantities and specified sums contmned in the Bid Proposal and related documents herein approved and accepted SECTION 4 That by the acceptance and approval of the above numbered items of the submitted bids, the City Councd hereby authorizes the expenditure of funds therefor in the amount and in accordance w~th the approved bids or pursuant to a written contract made pursuant thereto as authorized herein SECTION 5 That this ordinance shall become effective immediately upon ~ts passage and approval PASSED AND APPROVED th~s day of ,2000 EUL1NE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 2580 - SUPPLY-SERVICES ORDINANCE -2000 EXHIBIT A B~d # 2580 HOT MIX HOT LAY ASPHALT CONCRETE ~o.l.., .?,t~.. I.. DES~RIPTIO, N VENDOR , , ~ JAGOE PUBLIC Pnnc~ple Place of Bus~ness DENTON, TX HOT MIX HOT LAY ASPHALT $27 00 1 CONCRETE, FOB DELIVERED A DEDUCTION FOR PICK UP @ $2 50 PLANT ADDITION PER TON FOR B $7 00 INSTALLATION (0-400 TONS) C ADDITION PER TON FOR $5 00 INSTALLATION (400-0 TONS) SHIPMENT 1 DAY 2580 AGENDA INFORMATION SHEE~oenda AGENDA DATE: December/~, 2000 Questions concerning th~s acqmsmon may be directed DEPARTMENT. Matenals M~agement to Je~ Cl~k 349-8390 ACM Kathy D~ose, Fiscal ~d Mummpal Semmes SUBJECT: An Ordinance accepting competitive b~ds and awarding a contract for Street Maintenance Equipment Rental for the City of Denton, prowding for the expenditure of funds therefore, and prowdmg an effective date (B~d 2590 - Street Maintenance Equipment Rental awarded to Dustrol, m the estimated mount of $475,000) BID INFORMATION: Th~s bid ~s for an annual contract for the rental of street maintenance eqmpment with quahfied operators Tfus equipment is pnmanly used m the renovatmn of ex~stmg asphalt streets The process eonmst of milling to a smooth surface, sweeping debris, heating the asphalt, seanfenng the asphalt and mixing old asphalt with new and r¢laytng the pavement We have used th~s method successfully for several years The City of Denton furnishes support services such as supervision, truckmg, and traffic control RECOMMENDATION: We recommend th~s annual contract be awarded to the s~ngle lowest responsible bidder, Dustrol, Inc in the amount of $475,000 00 PRINCIPAL PLACE OF BUSINESS' Dustrol, Inc Roanoke, TX ESTIMATED SCHEDULE OF PROJECT: This eqmpment ~s avmlable within 7-10 days notfficatlon The contract is for 12 months with option to extend for two additional one-year periods FISCAL INFORMATION: Fundxng,for the rental of the hsted eqmpment wall be charged to the appropriate fiscal budget, CIP or Bond accounts esp~t fu~ ~mitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Tabulation Sheet 1474 Agenda ATTACHMENT 1 TABULATION SHEET B~d # 2590 Date 11/9/00 STREET MAINTENANCE No I DESCRIPTION VENI~OR VENDOR VENDOR Dady Rental Rate 8 Hour Day with DUSTROL TKO EQUIPMENT ROMCO Operator Pnncq31e Place of Bus~ness ROANOKE, TX DALLAS, TX DALLAS, TX Milling Machine $4,000 00 NO BID NO BID lA MOBILIZATION CHARGE $500 00 NO BID NO BID PICK UP BROOM $100 00 NO BID NO BID 2 2A MOBILIZATION CHARGE $200 00 NO BID NO BID HEATER - TRUCK MOUNTED $1,500 00 NO BID NO BID 3 3A MOBILIZATION CHARGE $500 00 NO BID NO BID HEATER SCARIFER $1,750 00 NO BID NO BID 4 4A MOBILIZATION CHARGE $600 00 NO BID NO BID DISTRIBUTION MIXING $1,500 00 NO BID NO BID 5 RECYLER 5A MOBILIZATION CHARGE $600 00 NO BID NO BID ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR STREET MAINTENANCE EQUIPMENT RENTAL FOR THE CITY OF DENTON, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTWE DATE (BID 2590 - STREET MAINTENANCE EQUIPMENT RENTAL AWARDED TO DUSTROL, IN THE ESTIMATED AMOUNT OF $475,000) WHEREAS, the Ctty has sohclted, received and tabulated compet~ttve bids for the purchase of necessary materials, eqmpment, supphes or services ~n accordance wtth the procedures of STATE law and C~ty ordinances, and WHEREAS, the Ctty Manager or a designated employee has revtewed and recommended that the heretn described btds are the lowest responsible btds for the materials, eqmpment, supphes or servtces as shown ~n the "Btd Proposals" submatted therefore, and WHEREAS, the C~ty Councd has prowded tn the Ctty Budget for the appropnatton of funds to be used for the purchase of the materials, equipment, supplmes or services approved and accepted here~n, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the numbered ttems mn the followtng numbered btds for materials, eqmpment, supphes, or servmes, shown m the "Btd Proposals" on file tn the office of Purchastng Agent, are hereby accepted and approved as being the lowest responsible b~ds for such ttems BID VENDOR AMOUNT 2590 Dustrol, Inc $475,000 SECTION 2 That by the acceptance and approval of the above numbered ~tems of the submitted b~ds, the C~ty accepts the offer of the personS submitting the b~ds for such ~tems and agrees to purchase the materials, eqmpment, supphes or servtces tn accordance w~th the terms, specifications, standards, quanUt~es and for the specffied sums contained ~n the B~d InmtaUons, B~d Proposals, and related documents SECTION 3 That should the C~ty and persons submttt~ng approved and accepted ~tems and of the submttted b~ds w~sh to enter into a formal wn~ten agreement as a result of the acceptance, approval, and awarding of the b~ds, the C~ty Managor or hts designated representative ~s hereby authorized to execute the written contract whmh shall be attached hereto, provided that the written contract is tn accordance with the terms, condlttons, specfficattons, standards, quanUttes and specffied sums contmned tn the Btd Proposal and related documents here~n approved and accepted SECTION 4 That by the acceptance and approval of the above numbered items of the submitted b~ds, the C~ty Council hereby authorizes the expenditure of funds therefor ~n the amount and m accordance w~th the approved b~ds or pursuant to a written contract made pursuant thereto as authorized hereto SECTION 5 That this ordinance shall become effective ammed~ately upon tts passage and approval PASSED AND APPROVED this day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 2590 STREET MAINTENANCE SUPPLY/SERVICES ORDINANCE-2000 EXHIBIT A B~d # 2590 STREET MAINTENANCE No I DESCRIPTION VENDOR Daily Rental Rate 8 Hour Day with DUSTROL Operator Pnnc~ple Place of Bus~ness ROANOKE, TX Milhng Machine $4,000 00 1 lA MOBILIZATION CHARGE $500 00 PICK UP BROOM $100 00 2 2A MOBILIZATION CHARGE $200 00 HEATER - TRUCK MOUNTED $1,500 00 3 3A MOBILIZATION CHARGE $500 00 HEATER $CARIFER $1,750 00 4 4A MOBILIZATION CHARGE $600 00 DISTRIBUTION MIXING $1,500 00 5 RECYLER 5A MOBILIZATION CHARGE $600 00 AGENDA INFORMATION SHEET , AGENDA DATE' December/~, 2000 Questions concerning tins acqmsmon may be d~rected DEPARTMENT: Materials Management to Alex Pett]t 349-8535 ACM' Kathy DuBose, Fiscal and Mumc~pal Services SUBJECT' An Ordinance accepting competitive b~ds and awarding a contract for Infonmx Software Maintenance Coverage for the City of Denton data base engtne, providing for the expenditure of funds therefore, and providing an effective date (Bid 2594 - Informix Matntenance Coverage awarded to Informix Software, m the amount of $33,345 00) BID INFORMATION Tins b~d ~s for maintenance and support of the Informix Software for the Utthty B~lllng and Mume]pal Court Systems database engine The service includes "Help Desk" access for Utility Bdhng and Municipal Court Systems from 7 00 AM to 7 00 PM Monday thru Friday for 135 users of Informix IDS assurance software and 15 users of Informix IDS open hne software RECOMMENDATION. We recommend th~s b~d be awarded to the lowest responsible b~dder, Informix Software ~n the amount of $33,345 00 PRINCIPAL PLACE OF BUSINESS. Informix Software Irving, TX ESTIMATED SCHEDULE OF PROJECT This is an annual maintenance agreement for the t~me period of October 1, 2000 thru September 30, 2001 FISCAL INFORMATION: Funds for th~s agreement are avadable from Technology Services 2000-2001 fiscal budget account (770-044-0080-8341) Respect fully'gqbmnted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Tabulation Sheet 1477 Agenda ATTACHMENT 1 TABULATION SHEET B~d 2594 Date 11/21/00 INFORMIX MAINTENANCE COVERAGE .N~,I ....... DESCRIPTION i VENDOR VENDOR Harris Computer Informix Software Pnnmple Place of Business Nepean Ontario Menlu Park, CA INFORMIX MAINTENANCE COVERAGE $37,050 00 $33,345 00 FOR DATA BASE ENGINE 1 TOTAL BASE BID $37,050 00 $33,345 00 ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR INFORMIX SOFTWARE MAINTENANCE COVERAGE FOR THE CITY OF DENTON DATA BASE ENGINE, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2594 - INFORMIX MAINTENANCE COVERAGE AWARDED TO INFORMIX SOFTWARE, IN THE AMOUNT OF $33,345 00) WHEREAS, the City has sohclted, received and tabulated competitive bids for the purchase of necessary materials, eqmpment, supplies or servmes in accordance with the procedures of STATE law and City ordinances, and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "B~d Proposals" submitted therefore, and WHEREAS, the City Councd has promded in the City Budget for the appropriation of funds to be used for the purchase of the materials, eqmpment, supplies or services approved and accepted herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the numbered items ~n the following numbered bids for materials, equipment, supphes, or servmes, shown in the "Bid Proposals" on file ~n the office of Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items BID VENDOR AMOUNT 2594 Informix Software $33,345 00 SECTION II That by the acceptance and approval of the above numbered items of the submitted bids, the C~ty accepts the offer of the persons submitting the bids for such ~tems and agrees to purchase the materials, eqmpment, supplies or services in accordance with the terms, spemficaUons, standards, quant~ties and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents SECTION III That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter ~nto a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto, provided that the written contract ~s in accordance with the terms, condmons, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted SECTION IV That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authonzes the expemhture of funds therefor ~n the amount and ~n accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein SECTION V That th~s ordinance shall become effective ~mmed~ately upon its passage and approval PASSED AND APPROVED th~s day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 2594 - Informix Software SUPPLY/SERVICES ORDINANCE AGENDA INFORMATIO~ SHEET AGENDA DATE, December/q, 2000 Questions concerning this acqmsmon may be directed DEPARTMENT: Materials Management to Alex Pemt 349-8595 ACM. Kathy DuBose, F~scal and Municipal Services SUBJECT' An Ordinance prowdmg for the expenditure of funds £or the purchase of Hams Computer Systems CARe 2000 Web Module including Web Manager Software and the provision for technical services, which are avmlable from only one source in accordance with the provisions of State Law exempting such purchases fi.om reqmrements of' competitive bids, and prowdmg an effective date (PO 10616A to Hams Computer Systems in the amount of $60,000 00) PURCHASE ORDER INFORMATION This purchase order is for the sole source acquisition o£ Hams Computer Systems CARe 2000 Web Module including Web Manager Software and installation services Completion of this project will provide Customer Service On-Line services through the City o£ Demon Web site Hams is the s~ngle source provider of the Customer Service Utility Bllhng System This Web apphcat~on ts being purchased from Hams to ensure that any revisions to the Hams Utility Bllhng System will also include upgrades to the Web Interface RECOMMENDATION: We recommend Purchase Order 10616A to Hams Computer Systems be approved in the amount of $60,000 00 PRINCIPAL PLACE OF BUSINESS. Hams Computer Systems Nepean, Ontario, Canada ESTIMATED SCHEDULE OF PROJECT: Substantml completion of this interface ~s scheduled for February 1,2001 FISCAL INFORMATION. This project will be funded fi.om Technology Services Tech Plan account (468-044-COMP- 9847-9103) Agenda Information Sheet December 12, 2000 Page 2 Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Pumhase Order 10616A to Hams Computer Systems Attachment 2 Price Quote from Hams Computer Systems ATTACHHENT 2 HARRIS COMPUTB'R SYSTEMS BILL TO / CONTACT/SHIP TO C~ty of Denton IC~ty of Denton 215 East MeK~nney 1215 East MeKmney Denton Tx Denton Tx 76201 76201 DATE INVOICE NO P O NO TERMS 11/3/00 UH560 Due on receipt DESCRIPTION RATE AMOUNT CARe 2000 Web Module, ~nclud~ng Web Manager 50000 00 50,000 00 Techmcal serwces to be prowded on a t~me and materials bas~s at a rate of $1,500 per day with the total not,to exceed $25,000 GST 0 00 PST 0 00 Total $50,000 oo 117 Centrepmnte Drive, State 200, Nepean, Ontarto KZG 5X3 Tel (613) 226-5511 FaxI (613) 226 3377 ORDINANCE NO AN ORDINANCE PROVDING FOR THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF HARRIS COMPUTER SYSTEMS CARE 2000 WEB MODULE INCLUDING WEB MANAGER SOFTWARE AND THE PROVISION FOR TECHNICAL SERVICES, WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS, AND PROVDING AN EFFECTIVE DATE (PO 10616A TO HARRIS COMPUTER SYSTEMS 1N THE AMOUNT OF $60,000 00) WHEREAS, Section 252 022 of the Local Government Code prowdes that procurement of Items that are only avmlable fi.om one source, including, ~tems that are only avmlable from one source because of patents, copyrights, secret processes or natural monopohes, films, manuscripts or books, electricity, gas, water and other utility purchases, captive replacement parts or components for eqmpment, and hbrary materials for a public library that are available only from the persons holding exclusive d~stnbution rights to the materials, need not be submitted to competitive Nds, and WHEREAS, the C~ty Council w~shes to procure one or more of the items mentioned m the above paragraph, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following purchase of materials, equipment or supphes, as described in the "Purchase Orders" listed hereon, and on file in the office of the Purchasing Agent, are hereby approved PURCHASE ORDER VENDOR AMOUNT 10616A Hams Computer Systems $ 60,000 00 SECTION II That the acceptance and approval of the above ~tems shall not consUtute a contract between the City and the person submitting the quotauon for such items until such person shall comply w~th all reqmrements specified by the Purchasing Department An Ordinance prowdmg for the expenditure of funds for the purchase of Hams Computer Systems CARe 2000 Web Module including Web Manager Software and the prowsion for techmcal services, which are available from only one source in accordance w~th the prows~ons of State Law exempting such purchases from requirements of competitive Nds, and providing an effective date (PO 10616A to Hams Computer Systems in the amount of $60,000 00) SECTION III That the C~ty Manager ~s hereby authorized to execute any contracts relattng to the ttems specffied tn Section I and the expendtture of funds pursuant to smd contracts ts hereby authorized SECTION 1V That thts ordinance shall become effecttve tmmedtately upon tts passage and approval PASSED AND APPROVED th~s the day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 10616A - Hams Computer Systems SOLE SOURCE 00 AGENDA INFORMATION SHEET r)ate~ AGENDA DATE' December/~ 2000 Questions concermng th~s acqms~t~on may be d~rected DEPARTMENT: Materials Management to Alex Pett~t 349-8595 ACM' Kathy DuBose, F~scal and Mumc~pal Scrv~ce~) SUBJECT. An Ordinance providing for the expenditure of funds for an annual maintenance agreement for Ctty o£ Denton Phone System mcludmg maintenance and eqmpment which are available fi.om only one source m accordance w~th the prowswn of State Law exempting such purchases from reqmrements of competitive b~ds, and prowdmg an effecttve date (PO 11501 to Venzon, m the amount of $40,000 08) PURCHASE ORDER INFORMATION. Th~s purchase order ~s for the sole source aeqms~t~on of onstte mmntenance £or the C~ty of Denton Phone System The agreement includes m~untenance o£ both desk phones and phone sw~tches located ~n various c~ty facilities Venzon (formerly GTE) ts the only source of th~s service due to sot¥~vare copyrights and eqmpment patents RECOMMENDATION. We recommend Purchase Order 11501 to Vcnzon be approved tn the total amount of $40,000 08 PRINCIPAL PLACE OF BUSINESS Venzon Lrv~ng, TX ESTIMATED SCHEDULE OF PROJECT: Th~s ts an annual mmntenance agreement for the term of June 1, 2000 through May 31,2001 FISCAL INFORMATION: Funding for tfus mmntenanee agreement ~s available fi.om Technology Servtces 2000-2001 fiscal budget account (770-044-0082-8341) Agenda Information Sheet December 12, 2000 Page 2 Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Purchase Order 11501 to Venzon Attachment 2 Quotation from Venzon Attachment 3 Invoice fi.om Venzon 1479 Asenda ATTACB14ENT 2 ~ ver z n 500 E Carpenter Fwy TXD19171 irving, TX 75062 November 17, 2000 John Dumell Ctty of Denton Htckory Denton, Texas 7 Dear John Here ts the breakdown of the maintenance contract for the t~rm June 1, 2000 through May 31, 2001 PBX's 2-2666 Ctty Hall(612ports) $2 75/port + $0 35/port(24x? VSP)=$22,766 40 2-2036 Servtce Center(9l) $2 75/port + $0 35/port(24x7 VSP)=$3,385 20 $2 75/port + $0 35/port(24x7 VSP)=$4,761 60 2-1031 Czty Hall East(t28) 2-2035 Wasm Water(g6) $2 75/potX + $0 351port(24~7 VSP)=$3,199 20 2-2665 Spencer(64) $2 75/port + $0 35/port(24x7 VSP)=$2,380 80 $36,493 20 Sub-Total Norstars Office Hours $382 92 2-2663 l~nton parks and Rea: $382 92 2-0978 Commumty dcvelopn~nt $382 92 2-09007 Dema $324 00 2-90006 MLK $382 92 2-9002 Northlake $421 68 2-2664 Denton Mummpal Affport $418 56 2-9001 Animal Control $2,695 92 Sub-Total 24x7 coverage $517 08 2-1304 Denton FifeS5 $50868 2-0542 Denton Ftr~6 $478 68 2-9005 Denton Fire #4 $478 68 2-9004 DentonFU~ #3 $478 68 2-9003 Denton Fire #2 $2,461 80 Sub-Total $41,650 92 Sub-Total $1,650 92 Dtscount $40,000 O0 Grand Total Sincerely, Dennis Pamck Account Manager ~ ATTACHMENT 3 veriz. . INVOICE PAG 20000002666 MN42055 DIRECT INQUIRIES TO= 1-800-555-1655 ~,~ ......... 9/01/00 UPON RECEIPT .... 40,000 08 $ B ~ DENTON CITY HALL -VIP- ~ CITY OF DENTON P 215 MCKINNEY ST L ATTN HANDY T T O DENTON TX 76201 O 215 E MCKINNEY DENTON TX 76201 YOUR ACCOUNT XS NON PAST DUE. PREVZOUS BALANCE: ~0,000 08 TOTAL AMOUNT DUE $ 40,000 08 PLEASE DETACH AND RETURN THZS PORTION N~TH YOUR PAYMENT CITY OF DENTON ACCOUNT NUHEER 20000002666 ~ ~ INVOICE NUN.ER N I AHOUNT DUE $ ~0,000 08 AMOUNT PAID VERIZON IS IN THE DDD CCR FILES USING CAGE CODE 1LN25 OY2000200000026661MN420350009010040000085 IMPORTANT IN ORDER TO PROPERLY CREDIT YOUR ACCOUNT PLEASE DO NOT COMBINE YOUR PAYMENT WITH ANY OTHER VERIZON BILL IF NOT RETURNING THIS REMITTANCE STUB PLEASE iNCLUDE YOUR ACCOUNT AND INVOICE NUMBER WITH YOUR PAYMENT ORDINANCE NO AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR AN ANNUAL MAINTENANCE AGREEMENT FOR CITY OF DENTON PHONE SYSTEM INCLUDING MAINTENANCE AND EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISION OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS, AND PROVIDING AN EFFECTWE DATE (PO 11501 TO VERIZON, IN THE AMOUNT OF $40,000 08) WHEREAS, Section 252 022 of the Local Government Code provides that procurement of items that are only available from one source, including, items that are only available from one source because of patents, copyrights, secret processes or natural monopolies, films, manuscripts or books, electricity, gas, water and other utility purchases, captive replacement parts or components for equipment, and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials, need not be submitted to competitive b~ds, and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following purchase of materials, equipment or supphes, as described in the "Purchase Orders" hsted hereon, and on file ~n the office of the Purchasing Agent, are hereby approved PURCHASE ORDER VENDOR AMOUNT 11501 Venzon $40,000 08 SECTION II That the acceptance and approval of the above items shall not constitute a contract between the C~ty and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department SECTION III That the City Manager is hereby authorized to execute any contracts relating to the items specified in Section I and the expenditure of funds pursuant to said contracts is hereby authorized SECTION IV That thru ordtnance shall become effective ~mmed~ately upon ~ts passage and approval PASSED AND APPROVED th~s the day of ., 2000 EULINEBROCK, MAYOR ATTEST JENNWER WALTERS, C~Y SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 11501 - Venzon SOLE SOURCE-00 AGENDA INFORMATION SHEET na~ ...... I~_Z/~'~ AGENDA DATE: December/~, 2000 Questmns concerning this acqms~tmn may be d~rected DEPARTMENT' Mmenals M~agement to Alex Pe~t 349-8595 ACM Kathy DuBose, Fiscal and Mummpal Seduces SUBJECT: An Ordinance providing for the expenditure of funds for the lease purchase and maintenance of a Xerox 4850 Color Printer and NPS Bi-Mode Fat whmh are available from only one source in accordance with the provisions of State Law exempting such purchases from requirements of competitive bids, and prowdlng an effective date (PO 11502 to Xerox Corporatmn m the amount of $109,006 20) PURCHASE ORDER INFORMATION: This purchase order is for the th:rd year of a 3-year lease purchase and maintenance agreement for a high speed Xerox 4850 Color Laser Pnnter system This pnnter is used primarily for the pnntlng of utd~ty balls, statements, tax bills and other forms cntmal to the dmly operation of the City Council approved the lmtml agreement on June 2, 1998 At completion of this lease term the C~ty will have the option to continue the payments for maintenance only or to trade the pnnter for a faster more productive model laser pnnter RECOMMENDATION: We recommend Purchase Order 11502 to Xerox Corp be approved in the amount of $109,006 20 PRINCIPAL PLACE OF BUSINESS: Xerox Corp Irving, TX ESTIMATED SCHEDULE OF PROJECT: The term of th~s agreement ~s through June of 2001 FISCAL INFORMATION: Funding for th~s lease and maintenance agreement will come from the following 2000-2001 Technology Services fiscal budget accounts · 770-044-0080-8509 (Lease) $ 82,171 20 · 770-044-0080-8341 (Mmntenance) ~26,835 00 $109,006 20 Agenda Information Sheet December 12, 2000 Page 2 Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Purchase Order 11502 to Xerox Corporation 1480 Agenda ATTACHMENT 1 ~o~ o~ -- ~~ ~ o ~ o - - ~ o~ ~0 ~ ORDINANCE NO AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE LEASE PURCHASE AND MAINTENANCE OF A XEROX 4850 COLOR PRINTER AND NPS BI- MODE KIT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS, AND PROVIDING AN EFFECTIVE DATE (PO 11502 TO XEROX CORPORATION IN THE AMOUNT OF $109,006 20) WHEREAS, Section 252 022 of the Local Government Code provides that procurement of items that are only avmlable from one soume, mclu&ng, items that are only avaxlable from one source because of patents, copynghts, secret processes or natural monopolies, films, manuscripts or books, electricity, gas, water and other utility purchases, captive replacement parts or components for equipment, and library materials for a public library that are avmlable only from the persons holding exclusive distribution rights to the materials, need not be submitted to competitive bids, and WHEREAS, the City Council washes to procure one or more of the items mentioned m the above paragraph, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following purchase of matenals, eqmpment or supplies, as described in the "Purchase Orders" listed hereon, and on file in the office of the Pumhasmg Agent, are hereby approved PURCHASE ORDER VENDOR AMOUNT 11502 Xerox Corporation $109,006 20 SECTION II That the acceptance and approval of the above 1terns shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchamng Department SECTION III That the City Manager is hereby anthonzed to execute any contracts relating to the items specified m Section I and the expenditure of funds pursuant to said contracts is hereby authorized SECTION IV That thru ordinance shall become effective ~mmed~ately upon ~ts passage and approval PASSED AND APPROVED th~s the day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM 11502 - Xerox; Corp S~E SOURCE 00 Agenda item -/~/~ ........ mtn_ I AGENDA INFORMATION SHEET AGENDA DATE: December/9, 2000 Questions concerning th~s acquisition may be d~rected DEPARTMENT. Materials Management to Alex Petter 349-8595 ACM' Kathy DuBose, F~scal and Mume~pal Servmes~ SUBJECT: An Ordinance awarding a contract for the purchase of software and hardware assomated w~th the new Tax System as approved by the State of Texas General Serwces Comm~sston through the Department of Informatmn Resources (DIR), provtd~ng for the expenditure of funds therefore, and prowd~ng an effective date (Purchase Order 11507 to Department of Information Resources ~n the amount of $27,994 00) PURCHASE ORDER INFORMATION: Purchase Orders 11507 ~s for the server hardware and operating system software for the new Tax Accounting System Th~s eqmpment and software ~s being purchased upon the recommendatmn of Spindle Medm, In¢ as the platform for the Tax Office 2000 Software Package Acqms~t~ons from the State of Texas General Servmes Commlss~on, Department of Informatmn Resources are exempt from the competmve b~d process RECOMMENDATION. We recommend Purchase Order 11507 to Department of Informatton Resources be approved m the amount of $27,994 00, PRINCIPAL PLACE OF BUSINESS: Department of Information Resources Austin, TX ESTIM&TED SCHEDULE OF PROJECT: Hardware and software hsted on Purchase Order 11507 are available for lmmedmtely delivery FISCAL ,INFORMATION: Purchase Order 11507 will be funded from Technology Servmes account (468-044-COMP-9847- 9103) Agenda Information Sheet December 12, 2000 Page 2 Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Purchase Order 11507 to Department of Informatmn Resources Attachment 2 Quotation from Department of Information Resources (DIR) ~ ATTACHHENT 2 Texas Department of Information Resources Dell l,voJce To. Quote to Ci~ of Denton Department of Information Resources Anthony Caranna P.O Box 13S64 Austin, Texas 78711 Emml Antaony.caranna~cl~olnenton com Order Phone 800~64-1215 Phone 9~0-349-7249 Fax 940-349-7249 Order Fax ~12~7S-4707 Order Fax 800~64-1218 DIR CT~ Agen~ PO0 Quoted By Michele MeCune RQ NO DIR Quote ~ CoDl12100 **~ Please Call our Customer Sewlce Oept ~ 800~-1215 for status on your orde~~ Exten~ Qty Description & Part O's Cast Price 1 Dell ~ck' $4,905 0~ ~ck ~or Dell Power~ge Base,Black,Facto~ Instil (~20-0~0~) ~able for Swxtc~ Box,Mom~r~eybo~ouse, 12*,One perSe~cr Co~ectcd to Sw~tch Bo~t~ ~smH (310-0083) Cable for Switch Box,Mom~r~eybo~ouse, 12',One perSe~er Co~ected to S~tch Bo~ac~ ~m~ (310-0083) Cable for ~tch Box,Momtor~eybo~ome, 12',One perS~er Co~ected to SwiSh , Bo~ac~ ~mH (3 I0-0083) Sw~tch Bqx for K~bo~ ~ommr,Bhc~for Del~owerEdge ~ck,Facto~ Im~ll (310-0245) 1U,Flat P~el Mommr~ybo~o~e,T~ed (310-2574) ~ck S~de, P~ls~hc~torDell Power~e ~ck,Fac~ ~mll (310-0235) ~ck S~b~mg S~& Bnces,B~for Dell PowerEdge ~ck,Facto~ Ins~ll (310-0236) ~de Dellv~ S~ce forDell PowerEdge ~ck Sys~m (460-0~66) PDU, 120 Volt Low Power ~oc~g Plug,for Del~owerEd~ ~ck,Facto~ Im~ll (310-3929) IT~e 3 Con.ct - Next.mess Day P~ ~ Labo~n-g~te Response ImUal Year (902-3710) ~e 3 Con.ct - Nex~mmess Day P~ ~ ~bo~n-S~ Response 2~ Extended (902-3712) On-Site ~la~on Dec.ed (900-9997) I Shipping Charge / per ~stem $400 00 $400 ***Quote Must be flll~ out complete and submitted with Purchase Order or order ~H be ~jeet~ by our Ordering Dept (~l Prices are good for 30 days from Da~e Quoted) ~pe Dell TOTAL FOR ~lS O~ER $5~05 Dato Ouot~d ~ ~12~100 Ship To: A~ ~ony Caranne ue to e I Shipping Pbocedures, a signature is requir~ 60~ E Hioko~ Street above author~ing partial shippin~invoicing. If left blan~ Denton. Texas 7620q the order will be rejected and sent back to the enduser (940) 349-7249 (940)349-8533 Phone Fax antony camnna~ci~of~enton ~m (EmaH Address required for verification of receipt ~ Texas Department of Infort~ation Resources / Orderform Dell Invoice To Quote to City of Denton Department of Information Resources Atltl~ony Caranna P O Box 13564 Tax ~erver Austin, Texas 78711 Emall Anmony Caranna(~cityotaenton.com Order Phone 800.464-1215 Phone 940-349-7249 Fax 940-349-8533 Order Fax 512-475-4707 Order Fax 800-464-1218 DIR CTRL# Agency PO# QuotedBy MlcheleMeCune RQNO DIRQuote# CoDII2100A **** Please Call our Customer Service Dept ~ 800-464-t215 for status on your order*** Qty Description & Part O's Cost prl~e I Dell PowerEdge 2450 $6,278 00 $6,278 Dell PowerEdge 2450 Base,P3,733MHz Processor w/256K Cache !220-9028) Dell PowerEdge 2450,733MHz,256K,Second Processor,Factoryln~all (311-0743) 512MB 6DRAM, 133MHz,2 X 256MBDIMMs,for Dell PowarEd~$ 2400, (311-0851) No Keyboard Optlon,Factor~ Install (310-3281) Monitor Optton-None (320-0058) 18GB,10000RPM, I 0 IN,U3,HardDrlve,for Dell PowerEd~e 2450 (340-8913) 18GB, 10000RPM,I 0 IN,U3,HardDrtve,for Dell PowerEd~e 2450 (340-8913) 1SGB, 10000RPM,I 0 IN,U3,HardDrwe,for Dell PowerEdse 2450 (340-8913) Embedded Rind w/Software forPowerEdse 2450 Factory Install (340-9519) 1 44MB~3 5",Floppy Drive,for Dell PowerEdse Servers,Factory In~tall (340-5986) No Operating[ System forDell PowerEdse Servers,MS NT/ENT,Factory Install (420-4101) Mouse Option None (310-0024) Network Card,Dual Port,forDell PowerEd~[e Servers,Factorylnstall (430-0225) Network Card,Duel Port,forDsll PowerEd~;e Servers,Factorylnstall, (430-0225) Internal PowerVault 100T DDS4Drwe,for Dell PowerEd[~e 2450,Fnctory Install (340-8922) Compact D~sk Drwe~680M,IDE,lntemaI,No Controller/NoCnbles,Black,for Dell PE2450 (313-5986) Electromc Documentation on CD (310-0438) Compnnt Diskette,DOMRA,WorldWide,V3 I I (313-3004) Pack Cable Mnnasement Arm,forDell PowerEd~e 2450,2U,WettFectory Install (310-5986) Hard Drive Confi~urntlon P~4,MRS/N,for Dell PowerEd~[e 2450,Factory Install (340-2256) Type 2 ~ontrnct - Same Day4 Hour 7x24 Parts & Lab#rOe-Site Response Imt~al Year (902-3450) Type 2 Contract - Same Da¥4-Hour 7x24 Parts & Lab#rOe-Site Response 2YR Extended(902-3732) On-Site, InatallatlonDeahned (900-9997) Power Suppl~,330W,2 Umts,DOM,Redundnnt,for Dell Servers,Trod (310-0604) I Shipping Charge / per system $55 0£ $55 +**Quote Must be filled out complete and submitted with Purchase Order or order will be Rejected by our Ordering Dept (All Prices are good for 30 days from Date Quoted) Type Dell TOTALFORTHISORDER,r $6,333 Quoted By Quote # 50264407 Dell Cede SlS4S0 ~er ~ Del,L-~Jvt Date Quoted 11/21/00 ShiPcity ofT°Denton Technology Services X Attn Anthony Cat'anna ** Due to Dell ShippJng/P~ocedures, a signature Is required 601 E Hickol7 Street above authorizing partial shipping/invoicing If left blank, Denton, Texas 76201 the order will be rejected and sent back to the enduser (940) 349-7249 (940)349-8533 Phone Fax anthony caranna~cltyofdenton ~om (Email Address required fur verification of receipt of order) Texas Department of Information Resources .oto / C)rdorform Dell Invoice To' Quote to City of Denton Department of Information Resources Abthony (Jaranna P O Box 13564 Wet) ~erver Austin, Texas 78711 Email Ahtbony Caranna~.cltyot(tenton eom Order Phone 800.464-1215 Phone 940-349-7249 Fax 940-349-8533 Order Fax 512-475-4707 Order Fax 800-464-1218 DIR CTRL~ Agency PO~ Quoted By MIchele McCune RQNO DIR Quote # CoDll2100B **** Please Call our Customer Service Oept ~ 800.464-1215 for ~:~_= on your order*** Qty Description & Part #'s Cost I~xtenaea Price I Dell Poweredge 2450: $5,160 00 $5,160 Dell PowerEdge 2450 Base. P3,733MI-Iz Processor w/256K Cache 1220-9028) Dell PowCrEdge 2450,733MHz,256K,Second Processor,Pactoryln~tall (311-0743) 512MB SDRAM. 133MHz,2 X 256MBDIMMs,for Dell PowcrEdse 2400,Factor~ Install (311 =0851 No Keybgard Optmn,Factor~ Install (310-3281) ~Iomtor Option-None (320-0058) 18GB, 10000RPM, I 0 IN,U3,HardDnve,for Dell PowerEdlge 2450 (340-8913) i18GB, 10O00RPM, I 0 IN,U3,HardDnve, for Dell PowcrEd~e 2450 (340-8913) [Embedded Raid w/Sot%varo forPowerEd~e 2450 Factor), Install (3~0-9519) 1 44MB,~ 5",Floppy Dave,for Dell PowerEdse Servers,Factory Install (340-5986) No Operatm$ System forDell PowerEd~e Servers,MS NT~NT, Factory Install (420-4101 ) Mouse Option None (310-002..4) Network Card,Dual Port,forDell PowerEdse Servcrs,Pacto~Install Network Card,Dual Port,forDell PowerEdse Servers,Factor/Install (430-0225) Compact Disk Dnve,680M,IDE,InteroaI,No Controllcr/NoCables,Black,for Dell PE2450(313-5986) El~c;~o.tc, Documentation on CD (310-0438) Compact DIskette,DOMRA,WorldW~de,V3 1 1 (31~-3004) Rack Cable Management Arm,forDell PowcrEd~e 2450,2U,WattF~cto~ Install (310-5986) Hard Dave Confisuretion #3,ME1/N,for Dell PowerEd~e 2450,Faotor~ Install (340-2255) Type 2 Contract - Same Da¥4-Hour 7x24 Parts & LnborOn-S~te Response Imtial Year/902-3450) Type 2 C~ntract - Same Da¥4-Hour 7x24 Parts & I-aborOn-S~te Response 2YE Extended(902-3732 On-S~te InstallationDecbned (900-9997) Power Su~pl¥,330W,2 Umts,DOM,Redundant,for Dell Servcrs,Tm~ (310-0604) 1 Shippin~ Charge / per s},stem $55 0~ $55 ***Quote Must be filled out complete and submitted with Purchase Order or order will be Rejected by our Ordering Dept (All Prices are good for 30 days from Date Quoted) Type Doll TOTAL FOR THIS ORDER S5,215 Date Quoted 11/21/00 Ship To C~ty of Denton Technology Services ~,~ Attn Anthony Caranna ** Due to Dell Shipping ~oceduros, a signature is required 601 E Hicko~ Stree~ above authorizing partial shipping/invoicing If left blank, Denton, Texas 76201 the order will be rejected and sent back to the enduser (940) 349-7249 (940)349-8533 Phone Fax anthony caranna(~c~b/ofdenton corn (Emell Addreaa required for verification of receipt of order) Texan Department of Information Resources uoCe / .. rderform Dell Invoice To' Quoteto City of Denton Department of Information Resources Anthony Caranna P O Box 13564 Image ~erver Austin, Texas 78711 Email Anthony Caranna(~cityotdentoa eom Order Phone 800-464-1215 Phone 940-349-7249 Fax 940-349-8533 Order Fax 512-475-4707 Order Fax 800-464-1218 DIR CTRLO Agency PO~ Quoted By Michele MeCuoe RQNO DIR Quote# CoD112100C **** Please Call our Customer Service Oept ~ 800-464-12t5 for status on your order*** Extensea Qty Description & Part O's Cost Price I Dell PowerEdge 2450 $5,160 00 $5,160 Dell Power]Edge 2450 Base,P3,733MHz Processor w/256K Cache (220-9028) Dell PowerEdge 2450,733MHz,256K,Second Processor,Factoryinstall (311-0743) ~ 12IV~ SDRAM, 133MHz,2 X 256MBDIMMs,for Dell PowerEdse 2400,Factory Install (311-0851 ) ~o Keyboard Optlon,Fectory Install (310-3281) Momter Optmn-None (320-0058) l 8GB,10000RPM, I 0 IN,U3,HardDnve,for Dell PowerEdse 2450 (340-8913) 18GB,10000EPM, I 0 IN,U3,HardDnve,for Dell PowerEd~e 2450/340-8913) ~mbedded Rind w/Software forPowerEdse 2450 Factory Install ( 340-9519 ) l 44MB,3 5",Floppy Dave,for Dell PowerEdse Servers,Factory Install (340-5986) ~o Operahnl~ System forDell PowerEd~ge Servers,MS NTfENT,Factery Install (420-4101) Mouse Optton None (310-0024) ~etwerk,Card,Dual Pozt,forDell PowerEdfe ,qervers,Factoryinstall (430-0225) ~ctwork Card,Dual Port, ferDell PowerEdse Servers,Factor~Install (430-0225) ~ompact Disk Dnve,680M,IDE,Internal,No Controller/NoCables,Black,for Dell PE2450/313-5986) ~lectronxc Docurnentatmn on CD (310-0438) 2ompact D~akette,DOMRA,WerldWade,V3 I 1 1313-3004) ?,ack Cable Management Arm,forDell PowerEd~[e 2450,2U, WattFactory Install (310-5986) Hard Dr~ve Confisarat~on #3,MRl/N,for Dell PowerEdl;e 2450,Factory Install (340-2255) r~pe 2 ~ontract - Same Da¥4-Hoar 7x24 Parts & LaberOn-Stte ReSponse Inmal Year (902-3450) , type 2 Contract - Same Da¥4-Hour 7x24 Parts & LaberOn-Stta Response 2YR Extended(902-3732) !On-$~te Insta]latmnDechned (900-9997) iPower 8uppl¥,330W,2 Umts,DOM,P, edundant, for Dell S~rvers,T~ed (310-0604) 1 iShipplng Charge / per system $55 00 $55 ~**Quote Must be filled out complete and submitted with Purchase Order or order will be Rejected by our Ordering Dept ~ (All Prices are good for 30 da~'s from Date Quoted) Type Deft TOTAL FOR THIS ORDER $5,215 Quoted By Quote # 50264782 Doll Code 506860 Scott Garner @ Dell Govt Date Quoted 11/21/00 ~/~ * City of Denton Technology Services X Attn Anthony Caranna ** Due to Dell Ship~)l~g. ProCedures, a signature is required 601 E Htckory Street above authorizing partial shipping/invoicing If left blank, Denton, Texas 76201 the order will be rejected and sent back to the enduser (940) 349-7249 (940)349-8533 Phons Fax anthony caranna(~}cit~ofdenton corn (Emall Addrean required for verification of receipt of order) 11/21/00 1ofl CODl12100C Texas Department of Information Resources uote I Ordevfo m DIR Date Stamp Vendor Invoice To Ouote to Anthony Csrenne Department of Information Resources City of Denton P O Box 13564 Austin, Texas 78711 anthonv.caranna~citvofdentoncom Order Phone 512-305.9713 Phone 940-349-7249 Fax (940)349-8533 Order Fax 512-475-4707 Order Phone 800-464-1215 DIR CTRL# Agency PO# Order Fax 800-464-1218 RQ NO DIR Quote # NOTE to Check on Order Status call 800-464-1215 for your Customer Service Representative Qty Part Number Descrlphon Cost Extended Price 1 228-01064 SQL Sewer 2000 Standard Edition I Processor L~cense $2,800 00 $2,800 00 OPTIVITY NMS Shipping Included Notes All quotes must be submitted w;th all purchase orders Prices good for 30 days from date quoted Returns must be made within 30 days of race;pt of product Models and p#ce$ are subject to change without not;ce TYPE TOTAL FOR THIS ORDERI $2,800 00 Quoted By Alexandra Dickey DateOuoted 11/21/00 SOFTWARE HOUSE INTERNATIONAL (SHI) Ship To DIR Inveloe To C~ty of Denton Technology Services City of Denton Accounts Payable Attn Anthony/Caranna Attn Cholladda Bhetraratana 601 E H~ckory Street 215 Er McKtnney Street Denton, Texas 76201 Denton, Texas 76201 (940) 349-7249 (940)349-8533 (940) 349-8141 Phone Fax Phone Fax Contact Name and Phone number REQUIRED Contact Name and Phone number REQUIRED E-MAIL Address anthonv.caranna~cit~ofdenton.corn (Please put NIA if contact does not have email) Note When using this QUOTE with Purchase Order please include PO#, Sh~p to Invoice to and Contact phone numbers 11/21/00 lofl Microsoft Windows Products - Govt Pricing (Prices good ~rom 11101/00 thru ttl3~00) Agency Name Clt~ of penton DIR Deparlment of Irl~rmatlon Resource8 P 0 Box 13564 Austin, Texas 7B711 iiN/A NIA NIA NIA .----------~ ~° 51111 I Microsoft BackOfflce Server $108 4 8 CAL Pr~Juct Upgrd/Non SQL Microsoft BackOfflce $87 Product Upg~dlSQL Sewer 2 0 MICROSOFT CD ROM~8 Microsoft Master CD Price N/A NIA N/A N/A NIA $122 NIA pe,, tion..eo,I l1 Microsoft Master CD Price N/A N/A N/A N/A N/A $104 N/A Microsoft Master CD Pdce N/A NJA N/A N/A N/A $50 N/A Vlslo Standard 2000 Pdca $87 $79 $t9 NIA N/A S21 $55 Vlsio Professional 2000 price $177 $182 $19 NIA N/A $21 N/A Vlelo Professional 20~0 Pries $127 N/A N/A N/A NIA N/A N/A V~sio Professional 2000 Pdce $111 N/A N/A N/A N/A N/A VIslo Technical 2000 Pr;ce $177 $182 $21 N/A N/A N/A ProductUpgreda __Qty / II I ~I~A I (940) 34~-7240 q940) 34~8141 Upgrade Advantage, One of the advantages of buying software through volume licensing (va retail Full Packaged Product) is that customers have the ability to get current and stay current throughout the term of t hel~* Licensing pgmement Microsoft s volume ilcenelng programs have a feature called Upgrade Advantage ~at allows a customer to immediately upgrade their existing license to the most current version and al~o provides them the right to upgnede to any and all versions of that product released during the term of their Open License agreement Custamem gain those rights by making a single payment at the time of purchase For example a customer who has Office 4 2 can enroll ~helr Ofl~ 4 2 licensee in Upgrade Advantage and Immedlataly upgrade to Office g7 Additionally they have the rlght to upgrade to any and all future Office upgrades that are re~eased durfpg their Open License agreement term ORDINANCE NO AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF SOFTWARE AND HARDWARE ASSOCIATED WITH THE NEW TAX SYSTEM AS APPROVED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION THROUGH THE DEPARTMENT OF INFORMATION RESOURCES (DIR), PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 11507 TO DEPARTMENT OF INFORMATION RESOURCES IN THE AMOUNT OF $27,994 00) WHEREAS, pursuant to Resolution 92-019, the State Purchasing General Services Commissaon has sohc~ted, reoeaved and tabulated competitive bids for the purchase of necessary materials, equipment, supphes or services ~n accordance w~th the procedures of state law on behalf of the City of Denton, and WHEREAS, the C~ty Manager or a desagnated employee has reviewed and recommended that the here~n described materials, equipment, supphes or servaces can be purchased by the Caty through the General Services Commission programs at less cost than the City would expend ~fb~ddmg these atoms ~nd~vldually, and WHEREAS, the C~ty Council has provided an the C~ty Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supphes or services approved and accepted herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the numbered ~tems m the following numbered purchase order for materials, equipment, supplies, or services, shown m the "Purchase Orders" listed hereon, and on file ~n the office of the Purchasing Agent, are hereby approved PURCHASE ORDER VENDOR. AMOUNT 11507 Department of Information Resources (DIR) $ 27,994 00 SECTION II That by the acceptance and approval of the above numbered ~tems set forth ~n the attached purchase orders, the Caty accepts the offer of the persons submitting the b~ds to the General Serwees Comm~ssion for such items and agrees to purchase the materials, equipment, supphes or servaees m accordance wath the terms, conditions, speelficataons, standards, quantities and for the specified sums contained m the bid documents and related documents filed with the General Servaces Commlssaon, and the purchase orders rssued by the City SECTION III That should the City and persons submitting approved and accepted ~tems set forth m the attached purchase orders wish to enter into a fonual written agreement as a result of the City's ratffieat~on of bids awarded by the General Servmes Comm~ssmn, the City Manager or his designated representative ~s hereby authorized to execute the written contract whmh shall be attached hereto, provided that the written contract ~s in accordance w~th the terms, conditions, spemficat~ons and standards cont~uned m the Proposal submitted to the General Services Commission, quant~ties and specffied sums contained in the City's purchase orders, and related documents here~n approved and accepted SECTION IV That by the acceptance and approval of the above numbered ~tems set forth ~n the attached purchase orders, the City Council hereby authorizes the expenditure of funds therefor ~n the amount and in accordance with the approved purchase orders or pursuant to a written contract made pursuant thereto as authorized here~n SECTION V That th~s ordtnance shall become effective ~mmedmtely upon ~ts passage and approval PASSED AND APPROVED th~s day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 11507 - PO STATE ORDINANCE-2000 Agenda Item AGENDA INFORMATION SHEET 0ate AGENDA DATE: December lq, 2000 Questions concerning thts acqms~tmn may be d~rected DEP~TMENT: Materials M~agement to Ed Hodney 349-8271 ACM. Kathy DuBose, F~scal ~d Mumc~pal Sem~ces SUBJECT: An Ordinance accepting compet~txve b~ds and awarding a contract to supply a pool safety cover, providing for the expenditure of funds therefore, and providing an effective date (Bid 2588 - Pool Safety Cover awarded to Leshe's Swlmmtng Pool Supplies, in the amount of $17,635 00) BID INFORMATION Th~s b~d ~s for the purchase of a safety cover for the Munimpal Swimming Pool This cover is required to comply with the Texas Department of Health, Standards for Pubhc Swimming Pool and Spa, Sectmn 265 203f This regulation requires that the pool be drained and covered as an added precaution The cover ~s made fi.om a hghtwmght polypropylene webbing w~th mimmum break strength of 2,200 lbs attached to the pools~des with stainless steel tension springs RECOMMENDATION We recommend this bid be awarded to the single lowest responsible bidder, Leshe's Swimming Pool Supplies in the amount of $17,635 00 PRINCIPAL PLACE OF BUSINESS' Leslie's Swimming Pool Supplies Chatsworth, CA ESTIMATED SCHEDULE OF PROJECT: Dehvery is quoted to be 8 days from receipt of an order FISCAL INFORMATION: Funding for th~s safety cover is available fi.om C1P account (480-031-POOL-0113-9128) Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Tabulation Sheet 1473 Agenda ATTACHMENT 1 TABULATION SHEET Bid Cf 2588 Date 11/21/00 POOL SAFETY COVER No I DESCRIPTION VENOOR yENDOR VENDOR VENDOR SUNBELT TEXAS LESLIE'S AR AQUATIC POOLS WATERWORKS Principle Place of Bus~ness Dallas, TX Carrollton, TX Chatsworth, CA TOTAL BASE BID $26,672 $27,807 $17,635 NO BID 1 SUPPLIER ANCHOR MFG CANTOR CANTOR FOB,DENTON 21 FOB-DENTON 8- DELIVERY 30 DAYS DAYS DAYS ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT TO SUPPLY A POOL SAFETY COVER, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2588 - POOL SAFETY COVER AWARDED TO LESLIE'S SWIMMING POOL SUPPLIES, IN THE AMOUNT OF $17,635 00) WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances, and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore, and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items BID VENDOR AMOUNT 2588 Leshe's Swimming Pool Supplies $17,635 00 SECTION 2 That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such ~tems and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents SECTION 3 That should the City and persons submimng approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto, provided that the written contract is in accordance with the terms, eondmons, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents here~n approved and accepted S~ECTION 4 That by the acceptance and approval of the above numbered ~tems of the submitted bids, the City Councd hereby authonzes the expenditure of funds therefor ~n the amount and in accordance with the approved b~ds or pursuant to a written contract made pursuant thereto as authorized hereto SECTION 5 That th~s ordinance shall become effective ~mmedlately upon its passage and approval PASSED AND APPROVED th~s day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 2588- SUPPLY/SERVICES ORDINANCE-2000 AGENDA INFORMATION SHEET AGENDA DATE: December/4, 2000 Questions concerning flus acquisition may be directed DEPARTMENT: Materials Management to Cary Tower 349-8424 ACM: Kathy DuBose, Fiscal and Municipal Services ~ SUBJECT: An Ordinance accepting competitive bids and awarding a contract for the purchase of Transit Buses, and providing for the expenditure of funds therefore, and providing an effective date (Bid 2603 - Transit Buses awarded to the lowest responsible bidder National Bus Sales & Leasing, Inc m the mount of $280,888 00) BID INFORMATION: This bid is for the purchase of four transit buses for the City of Denton Public Transportation System Two buses have passenger capacity of 28 w~th two wheelchair positions the other two smaller units have passenger capacity of eight w~th two wheelchair positions The units are fleet addltmns and wll compliment the existing fleet of buses RECOMMENDATION: We recommend flus bid be awarded to the lowest responsible bidder as listed below Item Description Supplier Cost Each Extended Cost 1 28 Passenger National Bus Sales, Inc $88,307 00 $176,614 00 2 8 Passenger National Bus Sales, Inc $52,137 00 $104,274 00 PRINCIPAL PLACE OF BUSINESS: National Bus Sales and Leasing, Inc Marnetta, GA 30068 ESTIMATED SCHEDULE OF PROJECT: The four transit buses are scheduled for delivery m 90 days or approximately March 15, 2001 Agenda Information Sheet December 12, 2000 Page 2 FISCAL INFORMATION. Funding for these transit buses ~s available from the following accounts · 266-012-0475-0001-9104 FederalGrant (FTA) $ 33,976 00 · 266-012-0475-0005-9104 StateGrant (TXDOT) $176,614 00 · 266-012-0475-0002-9104 LocalFunds (2000-2001 budget) $ 70,298 00 Total Expenditures $280,888 00 Respectfully submitted Tom Shaw, C P M, 349-7100 Purchastng Agent Attachment 1 Tabulatton Sheet [476Agenda ATTACHMENT 1 TABULATION SHEET Bid# 2603 Date 12-5-00 TRANSIT BUSES NO Qt¥..I ........... DE$~R!PTK3N. , i VENDOR National Bus Sales and Leasing Inc Principle Place of Business Marnetta, GA 2 TransIt Bus 28 Passenger w~th $89,807 00 1 2 Wheelchair Pos~t~ons Deduct $1500 for sohd white bus -$1,500 00 la 2 Transit Bus 8 Passengerw~th 2 $53,637 00 2 Wheelchair Pos~t~ons Deduct $1500 for sohd white bus -$1,500 00 2a TOTAL BASE BID $280,888 00 DELIVERY 90 Days ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITWE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF TRANSIT BUSES, AND PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTWE DATE (BID 2603 - TRANSIT BUSES AWARDED TO THE LOWEST RESPONSIBLE BIDDER NATIONAL BUS SALES & LEASING, INC IN THE AMOUNT OF $280,888 00) WHEREAS, the City has solicited, received and tabulated competitive bids for the pumhase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances, and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore, and WHEREAS, the City Council has provided tn the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of Pumhasmg Agent, are hereby accepted and approved as being the lowest responsible bids for such items BID ITEM VENDOR AMOUNT 2603 1 National Bus Sales and Leasing, Inc $176,614 00 2603 2 National Bus Sales and Leasing, Inc $104,274 00 SECTION II That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pumhase the matenals, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents SECTION III That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authonzod to execute the written contract which shall be attached hereto, provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted SECTION IV That by the acceptance and approval of the above numbered items of the submitted b~ds, the C~ty Counc~l hereby authonzes tho expen&ture of funds therefor m the amount and in aecordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein SECTION V That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 2603 - SUPPLY/SERVICES ORDINANCE -2000 Date. /~'~/~) . AGENDA INFORMATION SHEET AGENDA DATE December 19, 2000 DEPARTMENT Electric Utahty ACM Howard Martin, 349-8232 ~ SUBJECT AN ORDINANCE ACCEPTING COM?ETITIVE BIDS AND AWARDING A CONTRACT FOR SERVICES AND MATERIALS PERTAINING TO THE INSPECTION, MAINTENANCE AND REPAIR OF DENTON MUNICIPAL GENERATING STATION TURBINE NUMBER 5, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE (BID 2614 --- SERVICES AND MATERIALS FOR THE INSPECTION, MAINTENANCE AND REPAIR OF TURBINE NUMBER 5 AWARDED TO GENERAL ELECTRIC INTERNATIONAL INC IN THE AMOUNT OF $289,523 75) BACKGROUND: An outage of Spencer Umt 5 as scheduled from January 8, 2001 through February 16, 2001 for mstallataon ofNOx reductaon modfficataons to the Spencer Umt 5 bmler In order to m~mmaze outage tame on tins umt, reqmred maintenance and repmrs to the #5 Turbine Generator must be accomphshed during the same period All work must be completed by February 5, 2001 to allow for start-up, testing and adjustment of boiler controls and/or any other modfficat~ons to the umt The areas of concern with the turbine are the turbine control valves, turbine governor, the main ml pump, and the thrust beanng The control valves regulate the amount of steam flow to the turbane The control valves were overhauled m the fall of 1995 Due to t~me constraints, the control valves were mochfied from the Onglnal Eqmpment Manufacturer specifications and are currently not capable ofbemg adjusted The control valves wall be restored to the original spemficatmns The governor for the turbine regulates the speed of the turbine generator dtmng nonnal operataon The regulataon of the speed ~s necessary to control several mare functaons of the turbine generator · Mamtmn a constant frequency control of 60 Hz for the electncal output of the generator · Droop Control - Tlus controls how fast the generator can respond wath reference to a change m electrical load Tins response tame m regulated to less than 5% Tins figure as dmtated by ERCOT · Load Change - The governor provides the ainhty to perform demred load changang and load following capainhty The mechanical governor is in a state of constant motion causing wear to occur m all of the components A bid option was included to upgrade the mechanical governor to a new electrical governor Tins system provides a finer control system of the turbine generator The umt has less mechanical components to wear and allows for adjustments while online The electrical governor will provide an automatic startup of the turbine generator Tins would greatly benefit the overall condition of the machine It would provide a consistent start and shutdown every time and not rely on a human factor It will control the umt for different types of startups, depending on the condition of the turbine The electromc governor would also free up manpower dunng startups and shutdown It also has the ability to report the reasonlfor a umt tnp The main oil pump prowdes hydraulic oil, seal o11, and lt~bncat~ng oll to the turbine/generator dunng online operation The pump Inspection ~s a routine mmntenance inspection to help insure future rellablhty The turbine thrust beanng for the turbine generator maintains or balances the thrust load generated by the normal operation of the turbine generator Failure of the tbrast beanng could severely damage the internal components of the turbine generator In December of 1992, General Electric highly recommended completion of an upgrade that allows for proper monltonng, operation, and maintenance planning of the tapered-land thrust beanng OPTIONS Do notinng 2 Award the contract to TurboCare© to replace the existing thrust beanng with one of their own design winch includes the momtonng capabilities recommended by the ongmal eqmpment manufacturer 3 Award the contract to General Electric International Inc to complete the repair to the control valves, thrust beanng, main oll pump, and upgrade the mechamcal turbine govemor to an electrical governor 4 Award the contract to General Electric International Inc to complete the repanr to the control valves, thrust beanng, mmn oll pump, and the mechamcal turbine governor The labor for the repmr to the mechamcal turbine governor is included in the bid price, the cost of the repmr parts that may be required is not included We estimate that the cost of the mechameal parts could be as much as $75,000 00 5 Award the contract to General Electric International Inc to upgrade the mechamcal turbine governor on Spencer umt ~4 upon completion of the repaxrs to umt #5 at a cost of $130,145 00 RECOMMENDATIONS' Implement Option 3 prowded that any potential purchaser of the generation assets will agree to compensate the ut~hty for the cost chfference between Option 3 and Optmn 4 If tins ~s not possible, Optmn 4 should be ~mplemented ESTIMATED SCHEDULE OF PROJECT Tins project ~s scheduled to beg~n w~th the start of Umt #5 outage and to be completed w~ttun 4 weeks of the start date PRIOR ACTION/REVIEW (Council, Boards, Commission) Tlus ~tem wall be presented to the Pubhc Utlht~es Board at their December 18th, 2000 meeting FISCAL INFORMATION Total cost of Optmn 3 ~s $289,523 75 Total cost of Optmn 4 ~s estimated at $208,063 75 BID INFO__~__RMATION See attached spreadsheet Respectfully submitted Sharon Mays D~reetor of Electric Utlllt~es Prepared by , Ray Raedmger Spencer Maintenance Manager ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR SERVICES AND MATERIALS PERTAINING TO THE INSPECTION, MAINTENANCE AND REPAIR OF DENTON MUNICIPAL GENERATING STATION TURBINE NUMBER 5, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE (BID 2614 --- SERVICES AND MATERIALS FOR THE INSPECTION, MAINTENANCE AND REPAIR OF TURBINE NLrMBER 5 AWARDED TO GENERAL ELECTRIC INTERNATIONAL, INC IN THE AMOUNT OF $289,523 75) WHEP,_EAS, the City of Denton has sohclted, received and tabulated competitive bids for the purchase of necessary materials, eqmpment, supplies or ser'aces m accordance wlth the procedures of State law and City ordinances, and WHEREAS, the City Manager or a designated employee of the C~ty has rewewed and recommended that the hereto descnbed bids are the lowest responsible b~ds for the materials, equipment, supplies or services as shown m the "Bid Proposals" subnntted therefore, and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted hereto, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the numbered items m the following numbered b~ds for materials, eqmpment, sapphes, or services, shown m the "Bid Proposals" on file m the office of the City's Purchasing Agent, are hereby accepted and approved as being the lowest responsible b~ds for such items BID VENDOR AMOUNT 2614 GENERAL ELECTRIC INT'L INC $289,523 75 .SECTION 2 That by the acceptance and approval of the above numbered items of the submitted bld~, the City accepts the offer of the persons or ent~tles subnnttmg the bids for such items and agrees to purchase the materials, equipment, supplies or services m accordance with the terms, specfficatmns, standards, quant~tles and for the specified sums contained m the Bid Inwtatlons, Bid Proposals, and related documents SECTION 3 That should the C~ty and persons or entlt~es subrmttmg approved and accepted Items and of the subrmtted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the b~ds, the City Manager or Ins designated representanve is hereby authorized to execute the written contract wlnch shall be attached hereto, provided that the written contract m m accordance with the terms, conditions, specifications, standards, quantlt~es and specrfied sums continued m the Bid Proposal and related documents hereto approved and accepted SECTION 4 That by the acceptance and approval of the above numbered Items of the subrmtted bids, the City CounmI hereby authortzes the expenduture of funds therefor m the mount 4 and m accordance w~th the approved b~ds or pursuant to a written contract made pursuant thereto as authorized here~n SECTION 5 That flus ordinance shall become effective ~mmedmtely upon ~ts passage and approval PASSED AND APPROVED ttns the day of ., 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY S \Our Daeuments\Otdmances\OO\DME Spencer Turbine No ~; B~d-Serme~s and Martials Ordinance doe B~d Number 2614 GEll TurboCare S~emens Pr[ce to perform scope of work ~tems 1 I11A 1 a (1),(2),(5),(6) Price to perform scope of work ~tems III A, 1 b (1)(less 2 machine work) Price to perform scope of work Items 3 Ill A 1 c (1),(2),(3) $221,325 00 Price to perform scope of work ~tems 4 III A 1 c (2) (Only) $190,500 00 15% Contingency for machine work 5 requirements $33,198 75 $28,575 00 Anticipated parts 6 requirements $35,000 00 $35,000 00 Total $289,523 75 $254,075 00 No Bid Agenda Date AGENDA INFORMATION SHEET AGENDA DATE: December 19, 2000 DEPARTMENT. Pohce and Fire ACM' Jon Fortune, Public Safety and Transportation Services SUBJECT Consider approval of an ordinance of the City Councd of the City of Denton, Texas authorizing the Mayor or City Manager to execute the attached agreement for Purchase, Licensing, Programming, Implementation, Training, Service and Support of Fire and Police Support Software and Hardware, between the City of Denton, Texas and Visionair, Inc, a Qualified Information Systems Vendor ("QISV") of the State of Texas, to be paid from previously budgeted funds in an amount not to exceed One Milhon, Two Hundred Thirty-Seven Thousand, Nine Hundred and Thirty-Four Dollars and Ninety-Five Cents ($1,237,934 95), and providing for an effective date BACKGROUND In early March of 2000 members of the Police, F~re, Technology Services, Legal and Finance Departments came together as a team to search for the most cost effective method to upgrade our aging Public Safety System The goal of tlus focus team was to find a solution that would take advantage of the best technology product while considering our growing community's needs Due to the complexity of coordinating such a massive undertaking a Public Safety Systems Manager position was created and has met regularly with the focus team to complete a needs assessment, identify possible solutions, finalize detads and identify the appropriate vendor for such a task Countless hours of effort expended by every member of the team are clearly evident in the massive amount of research completed Site visits facilitated the decision making process and allowed the team to come together with a single solutmn to their needs With unanimous agreement the Vlsionalr Corporation solution was selected Visionmr has been a leader m the Public Safety Software business for over 10 years and is a pmneer in integrated solutmns in over 600 cities across the United States Several neighboring metroplex cities are currently using or instalhng Vislonmr Pubhc Safety Systems PRIOR ACTION/REVIEW The focus team met and voted unanimously to select Visionair to upgrade the Public Safety System, on November 29, 2000 FISCAL INFORMATION Funds for th~s agreement are avmlable m the Technology Fund budget account (480-044-COMP- 0110-9169) EXHIBITS Ordinance Contracts Respectfully submitted ~sns~rt~ty~a~ager, eubhc Safety & Transportation Prepared~'~- ~ by ~ ~~lhee~ ~n Ross Chadwick Fire Chief ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AU- THORIZING THE MAYOR OR CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT FOR PURCHASE, LICENSING, PROGRAMMING, IMPLEMENTATION, TRAINING, SERVICE AND SUPPORT OF FIRE AND POLICE SUPPORT SOFTWARE AND HARDWARE, BETWEEN THE CITY OF DENTON, TEXAS AND VISIONAIR, INC, A QUALIFIED INFORMATION SYSTEMS VENDOR ("QISV") OF THE STATE OF TEXAS, TO BE PAID FROM PREVIOUSLY BUDGETED FUNDS IN AN AMOUNT NOT TO EXCEED ONE MILLION, TWO HUNDRED' THIRTY-SEVEN THOUSAND, NINE HUNDRED AND THIRTY-FOUR DOLLARS AND NINETY-FIVE CENTS ($1,237,934 95), AND PROVIDING FOR AN EFFECTIVE DATE, WI-IEREAS, the vendor for the sepaces anticipated by the attached agreement ~s a Quah- fled Informataon Systems Vendor ("QISV") of the State of Texas, and WHEREAS, the contracted-for goods and services fall w~thm the scope of sa~d QISV stares for the purposes of the Catalog Purchasing Method prescribed by Chapter 2157 of the Texas Government Code, and WI-IEREAS, upon the evaluataon and recommendation of staff, the C~ty Council has pre- v~ously determined that the contracted goods and services represent the best value obtainable for smd goods and services, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the C~ty Council hereby authorizes the C~ty Manager to execute an agreement between the C~ty of Denton and V~s~onaxr, hae, for purchase, hcenslng, programming ~mplementataon, tra~mng service and support of fire and pollce support software and hardware, substantially m the form of the attached documents, and further authorizes the expenditure of prewously budgeted funds ~n an mount not to exceed One Mflhon, Two Hundred Thirty-Seven Thousand, Nme Hundred And Tlurty-Four Dollars And N~nety-F~ve Cents ($1,237,934 95), for that purpose SECTION II That th~s ordinance shall become effective ~mmedmtely upon ~ts passage and approval PASSED AND APPROVED th~s the day of ., 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY / / Page 2 Software License Agreement THIS AGREEMENT ~s made and entered into as of the Effecbve Date as defined here~n between VISlONAIR INC (hereinafter referred to "OWNER") w~th its pnnc~pal place of bus~ness at 5601 BARBADOS BLVD, P O BOX 9000, CASTLE HAYNE, NORTH CAROLINA, 28429-9000, and City of Denton (herein referred to as "CUSTOMER") w~th ~ts pnnc~pal place of bus~ness at 215 E MCKINNEY, DENTON, TX 76201 WHEREAS, CUSTOMER desires to obtain from OWNER, and OWNER desires to grant to CUSTOMER, a perpetual, non-transferable, non-assignable license to use the Licensed Software descnbed herein, for ~ts in-house use, upon payment of the L~cense Fee Payment of the License Fee ~s solely for the nght to use the Licensed Software pursuant to the terms and conditions on the face and attached addenda of th~s Agreement and does not consbtute the purchase of the L~censed Software or of any btle therein WHEREAS, th~s Agreement ~ncludes and incorporates the following Attachments Attachment "A" Payment Schedule Attachment "B" Itemized Quote Attachment "C" Statement of Work Attachment "D" Software Service Agreement Attachment "E" Network Hardware Specifications Attachment"F" Master Name Histoncal Summary Data Transfer Speclflcabons Document Attachment "G' Geo Conversion Document Attachment "H" Insurance Requirements Attachment 'T' Funcbonal Reqmrements Attachment "J" Lmensed Software Acceptance Plan Attachment "K" Escrow Services Agreement Attachment "L" V~slonAIR Help Desk Document WHEREAS, use of the Licensed Software is restricted to City of Denton 215 E McK~nney Denton, TX 76201 NOW, THEREFORE, ~n consideration of the mutual promises hereinafter set forth, the part~es hereto agree as follows 1 DEFINITIONS Page 1 1 1 "OWNER" or '¥~s~onAIR" means VJmonAIR Inc, a North Carolina corporation w~th a pnnc~pal place of business at 5601 Barbados BIvd, P O Box 9000, Castle Hayne, North Carohna 28429-9000 1 2 "CUSTOMER" or "City" or "C~ty of Denton" means the C~ty of Denton, Texas, U S A with ~ts pnnc~pal place of bus~ness at 216 E McK~nney, Denton, Texas 76266 1 3 "Effecbve Date" ~s the last date of s~gnature of a party as set forth below I 4 "Software" means a set of ~nstruct~ons consisting of symbohc languages, processes and logic routines in machine executable form used in the operation of computer equipment applied to the performance of specific tasks 1 5 "L~censed Software" means the Software ~n ~ts entirety, includ~ng any Updates or part(s) thereof, hsted on Attachment B Itemized Quote, Attachment C Statement of Work, and the Response to RFP port~on of Attachment I 1 6 "Lmensed Software Module" means a software apphcat~on which can be hcensed separately by Owner as a standalone product The L~censed Software Modules being hcensed ~n this Agreement are Computer A~ded Dispatch (CAD), Records Management System (RMS), Ja~l, Mobile, F~re, EMS and INFORM 1 7 "Ehglble Computer System" means a designated computer with the Operating System/Programming Language as stated on Attachment C Statement of Work 1 8 "Use" means copying of all or any port~on of the L~censed Software from storage un~ts or med~a ~nto a computer or using any software ~n the course of computer operabon 1 9 "In-house" means used only for administrative purposes the C~ty of Denton, Texas, which purposes shall ~nclude (a) use in any c~ty-owned, leased, or other specifically designated c~ty fac~htles of the C~ty of Denton, Texas, and (b) use ~n serving other adjacent mumc~paht~es' pubhc safety agencies w~thln the County of Denton, Texas who are reasonably expected to become departments of the City of Denton, provided that sa~d pubhc safety agencies are reasonably expected to operate under the same ORI number as that designated for the C~ty of Denton 1 10 "Trade Secret" or "Confidential Information" means any bus~ness, techmcal or other ~nformatlon disclosed by a party which, at the time of d~sclosure, (a) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from ~ts disclosure or use, and (b) ~s the subject of efforts that are reasonable under the c~rcumstances to maintain secrecy 1 11 "DP Professional" shall mean any mdlwdual or bus~ness which supphes others Page 2 w~th computer eqmpment, software or professional advice regarding such Computer manufacturers, dealers, dlstnbutors, reta,I stores, onglnal eqmpment manufacturers ("OEMs"), ~ndependent sales orgamzat~ons ("lSOs"), system ~ntegrators, software houses, and data processing consultants are examples of DP Professionals 1 12 "Documentation" means all pnnted or electromc documentation which OWNER customarily provides or makes available w~th the L~censed Software The part~es agree that "Documentation" includes all Updates of such documentation and further specifically ~ncludes four (4) user's manuals, which detail the features and funct~onahtles of the licensed software The parties further agree that "Documentation" ~ncludes any and all wntten commumcabons from OWNER to CUSTOMER regarding the charactenstms of the Licensed Software that may be integrated into this Agreement as Attachments, 1 13 "Update" means (a) any published rews~on or correction to the Documentation, and (b) any correction, enhancement, replacement, evolution or new release (including beta versions) of the Licensed Software, except for those reasonably designated as new products for whmh OWNER charges separately 1 14 "Software Services" means the serwces which OWNER provides to CUSTOMER pursuant to the terms and conditions set forth ~n Attachment D attached hereto 1 15 "Warranty Penod" means the twelve (12) month period beglnmng on the date that each L~censed Software Module ~s first used operationally by the Customer 2 TITLE AND OWNERSHIP 2 1 The Licensed Software and the onglnal and any cop~es thereof, ~n whole or ~n part, whether sa~d original and copies are made by OWNER or CUSTOMER or anyone else and all copyright, patent and trade secret and other intellectual and proprietary rights there~n ara and remain the property of OWNER 2 2 CUSTOMER has been adwsed by OWNER that aspects of the L~censed Software are OWNER trade secrets These may ~nclude, but are not hm~ted to, the following system design, modular program structure, system logic flow, file structure, v~deo and report formats, coding techmques, and routines, file handhng and special search techmques, video screen data entry handhng and report and/or forms generation Notwithstanding this, ~t ~s expressly agreed and understood that CUSTOMER maintains the nght to extract and convert its data, or to hire third parties to do so on ~ts behalf, to ~nterface with other apphcat~ons and to generate reports, and the parties contract and agree that such actlwt~es shall not, by themselves, constitute an actionable tort w~th respect to OWNER's cla~med trade secrets 2 3 CUSTOMER agrees to ~nclude on any cop~es made of the Licensed Software Page 3 the same notices of OWNER's ownership ~nterests that appear on the original 3 SCOPE OF AUTHORIZED USE 3 1 For the L~cense Fee, plus charges which are due and payable ~n accordance w~th Attachment A of this Agreement, OWNER shall furnish CUSTOMER w~th such cop~es of the L~censed Software, including Documentabon, as needed by CUSTOMER for use 0ncludmg backup) OWNER shall s~mflarly furnish any Updates ~t may produce as soon as they become commercially available, and Updates shall be furmshed so long as the a Software Service Agreement ~s m effect 3 2 It ~s specifically understood and agreed that OWNER shall not be authorized to undertake any work pursuant to th~s Agreement which would requlra add~bonal payments by CUSTOMER for any charge, expense, or reimbursement above the maximum not to exceed fee of five thousand dellars ($5,000 00), w~thout first hawng obtmned written authonzabon from CUSTOMER 3 3 CUSTOMER m granted a perpetual, nontransferable, nonasmgnable hcense to use the Lmensed Software for CUSTOMER's m-house use CUSTOMER shall not have the right to subhcense the L~censed Software m any manner 3 4 CUSTOMER shall not assign or otherwise transfer th~s L~cense or the L~censed Software, or any part thereof, by operabon of law or otherwise, directly or ~nd~ractly, including, but not hm~ted to, transfers to any joint venture or combmabon arrangements w~th any other person or enbty 3 5 CUSTOMER understands and agrees that ~t shall not use the Lmensed Software ~n any other c~ty or at any other s~te Iocabon, except those demgnated hereto, w~thout pnor written authorization from OWNER 4 SOFTWARE SERVICE AGREEMENT 4 1 OWNER agrees to prowde Software Serwces ~n accordance w~th the prows~ons of Attachment D (Software Servme Agreement) for a period of no less than five years from the date on whmh the Customer first uses the Lmensed Software operabonally, and coverage under the Software Servtce Agreement begins The term of the Software Service Agreement ~s annual The Customer may elect to renew annually The part~es agree that no Software Services fees are payable at any bme OWNER ~s ~n breach of Software Servmes obhgabons 5 WARRANTY AND LIMITATION OF LIABILITY Page 4 5 1 Following dehvery, "live" installabon / configurabon, and tender by OWNER of the L~censed Software as meeting the acceptance cntena, CUSTOMER shall have the period specified in Attachment J to conduct the tests described ~n Attachment J (L~censed Software Acceptance Plan) to determine whether the L~censed Software conforms to the Applicable Documentabon W~th~n the bme frames specified in Attachment J, CUSTOMER shall (a) notify OWNER that it has accepted the L~censed Software, (b) notify OWNER that CUSTOMER has determined that the L~censed Software does not satisfy the Performance Cntena, that Customer has rejected the L~censed Software and OWNER shall refund the fees pa~d by CUSTOMER relabng to such Licensed Software, or (c) request OWNER to rectify all defic~encms ~n the Licensed Software, ~n which case OWNER shall use reasonable efforts to recbfy the deficiencies m a timely manner, and, until such bme as CUSTOMER has accepted the L~censed Software, CUSTOMER shall be enbtled to (1) reject the L~censed Software, in which case CUSTOMER shall return such Licensed Software and OWNER shall refund the fees pa~d by CUSTOMER, or (2) notify OWNER that it accepts the Licensed Software w~th deficiencies provided that ~n no event shall acceptance of the L~censed Software w~th deficiencies by CUSTOMER consbtute a waiver of its right to have any non-conformity of the Licensed Software w~th respect to the Documentabon corrected In accordance with the terms of any warranty or Software Services provided herein 5 2 (A) OWNER represents and warrants that, during the Warranty Period and thereafter for so long as CUSTOMER ~s under contract to receive Software Services, the L~censed Software will perform ~n accordance w~th the Documentabon and th~s Agreement (B) OWNER further warrants that the Licensed Software contains no computer v~ruses, or other code or ~nstruct~ons, that modify, damage, d~sable or compromise the security of any CUSTOMER computer systems or networks (C) OWNER further warrants that the Licensed Software will perform each of the funcbonal requirements specified ~n Attachment I 5 3 (A) CUSTOMER ACKNOWLEDGES THAT THE LICENSED SOFTWARE IS OF SUCH COMPLEXITY THAT IT MAY CONTAIN INHERENT DEFECTS AND AGREES THAT AS OWNER'S LIABILITY AND AS CUSTOMER'S REMEDY, OWNER WILL PROVIDE ALL REASONABLE PROGRAMMING SERVICES TO CORRECT DOCUMENTED CODE ERRORS WHICH DIAGNOSIS INDICATED WERE CAUSED BY A DEFECT IN AN UNALTERED VERSION OF THE DELIVERED LICENSED SOFTWARE (B) The nontransferable warranty of Paragraph 5 3 (A) to provide all reasonable programming services to correct documented code errors which dlagnos~s ~nd~cated were caused by a defect In an unaltered version of the dehvered Licensed Software is vahd dunng the Warranty Period and thereafter for so long as CUSTOMER Page 5 is under contract to receive Software Services 54 If OWNER is unable, within the Warranty Penod, to repair or replace any Licensed Software to a condition as warranted, CUSTOMER shall be enbtled to a refund of license fees pa~d for the Licensed SOftware, upon return of the Licensed Software module(s) to OWNER Any claim of warranty must be made not more than thirty (30) days after the expiration of the Warranty Period 5 5 OWNER represents and warrants that it has the authonty to enter into th~s Agreement and has obtained all nghts and waivers necessary to grant the nghts granted hereunder OWNER represents and warrants that the exercise of the nghts granted ~n th~s Agreement does not infnnge any third-party patent, copyright, trademark, trade secret, or other intellectual property right 5 6 OWNER shall, defend and ~ndemmfy CUSTOMER against any and all claims brought against CUSTOMER, and shall hold CUSTOMER harmless from all corresponding damages, habihtles, settlements, costs and expenses 0nclud~ng reasonable attorney's fees for independent counsel of CUSTOMER'S choosing), arising out of any claim that the exercise of any of the rights granted in th~s Agreement infnnges any th~rd-party patent, copyright, trademark, trade secret or other intellectual property nght CUSTOMER shall give OWNER prompt notme of, and authonty to defend or settle, any such claim and shall g~ve, at OWNER's expense, reasonable mformat~on and assistance 5 7 When notified of an action or motion that seeks to restrict the exem~se of any of the nghts granted herein, OWNER may, (and in the case of a judgment, order or ~njuncbon that restncts the exercise of any of the rights granted here~n, shall), at ~ts option and expense, (a) obtain the nght for CUSTOMER to exercise ~ts nghts ~n accordance with th~s Agreement, (b) subsbtute other non-~nfnnglng software with equivalent functional capab~ht~es, or, (c) modify the Licensed Software, while reta~mng eqmvalent funcbonal capablhtles, so that it no longer infringes 5 8 OWNER shall have no hab~hty to CUSTOMER under th~s Article ~n the event ~nfnngement of any third-party patent, copyright, trademark, trade secret or other intellectual property nght anses solely from (a) components of a CUSTOMER Product or System not denved from Licensed Software, (b) compliance with CUSTOMER's specific designs, spec~ficabons or written ~nstru~ons, other than those specified in Attachments C and I, (c) modification by CUSTOMER of L~censed Software, or (d) the combination of Licensed Software w~th equipment or software not authonzed or provided by OWNER or otherwise approved by OWNER other than Lmensed Software designed by OWNER to work with certain commercial hardware or other commercially available software 59 OWNER agrees to mdemmfy, defend and hold CUSTOMER, ~ts officers, employees and agents, harmless from and against any and all claims, stats, causes of acbon, hab~hty, damages, judgments or expenses, includ~ng, but not hmlted to, Page 6 reasonable attorney's fees and litigabon costs for personal injur~es 0nclud~ng, but not hmlted to, death) or property damage which arise out of the neghgent act or omission of OWNER including, but not limited to, the neghgeRt design, manufacture, installation, or servicing of any part of the L~censed Software L~tlgat~on costs ~nclude, but are not hm~ted to the h~nng of independent counsel of CUSTOMER'S choice 5 10 Except for the ~ndemmfication prowmons of this Article, claims arising from either party's breach of its confidentiality obhgat~ons, and claims for bodily ~njury or tangible property damage caused by the fault of e~ther party, OWNER's and CUSTOMER's hab~hty for damages under th~s Agreement, whether ans~ng in contract, tort, or otherwise, even if the breaching party has been adwsed of the poss~bihty of such damages, shall not exceed the amount pa~d by CUSTOMER to OWNER herein IN NO EVENT SHALL ANY PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES EVEN IF THE BREACHING PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ) 5 11 OWNER further represents and warrants that the L~censed Software shall process dates prior to and after January 1, 2000, w~th no adverse ~mpact on the functionality of the L~censed Software or the accuracy of any reports Th~s date procesmng shall ~nclude, w~thout hm~tat~on, ~nternal date formats that have century recogmbon, calculabons that accommodate same-century and multi-century formulas and date values, date interface values that reflect the century and calculations that accommodate the occurrence of leap years Date calculations w~ll work correctly All date related calculations w~ll recognize that dates containing years equal to or greater than 2000 are later than dates in the 1900s OWNER does not represent that the L~censed Software will be compatible with non-OWNER defined formats or ~nterfaces, other than as specified ~n Attachment I 5 12 Upon the execution of this Agreement by all parbes, OWNER shall dehver the L~censed Software to CUSTOMER within 14 days, except components of the L~censed Software ident~fled as under development under Secbon VIII of the Statement of Work (Attachment C) After delivery of the L~censed Software, the CUSTOMER, as a property hcensed user, may beg~n installat~on and tra~mng at any time OWNER does provide addlbonal ~nstallabon and training services for the Lmensed Software and w~ll ~nstall and train the Dcensed Software at CUSTOMER's request for the addlbonal agreed upon fees hsted ~n Attachment B 5 13 A) CUSTOMER acknowledgement CUSTOMER acknowledges that due to the dynam~c nature of the informat~on technology ~ndustry and frequent product replacements and/or upgrades developed independently by third party vendors, OWNER has no control over the turnover of product or obsolescence of technology of third party product CUSTOMER also acknowledges that OWNER develops ~ts Hardware Speclficabon Document based upon all of the third party product ~nformatlon available to it Therefore, w~th respect to third party hardware and software, CUSTOMER shall retain the respons~b~hty for the costs of pumhase and ~nstallabon of upgrades necessary to maintain the funct~onahty of the L~censed Software Additionally, Page 7 the accumulation of storage of records in CUSTOMER's database over an extended period of heavy use may reqmre expanding the capacity and memory of the operabng system in order to maintain performance at response braes acceptable to the CUSTOMER Subject to all of the affirmative duties and obhgat~ons of OWNER under the Software Maintenance Agreement, ~t is the CUSTOMER's sole responsibility to ma~ntmn the operating system to ensure adequate response times B ) OWNER acknowledgement OWNER acknowledges and agrees that it will mmntmn ~ts status as a MicroSoft solutions prowder OWNER will also maintain its L~censed Software to use the most currently released version(s) of M~cmsoft operabng systems and database software designed to function on Client-Server architecture 5 14 OWNER shall, for the duration of its obligations under th~s Agreement, mmntaln the m~mmum ~nsurance requ~raments specified in Attachment H, and shall furmsh CUSTOMER w~th ~ts certificates of insurance and copies of appmpnate endorsements prior to commencement or continuation of any work or obligations under th~s Agreement OWNER shall cause the policies to name CUSTOMER and ~ts employees as add~bonal msureds w~th respect to operations to which th~s Agreement ~s applicable These policies shall expressly provide pnmary coverage to all ~nsureds, and shall contain a cmss-I~ablllty or a severabfllty of ~nterests clause that prowdes that the insurance applies separately to each ~nsured and that the policy covers claims or suits by one insured against the other OWNER shall also cause the policies to contain an endorsement requmng that the ~ssuer of such policy give nobce wa certified marl to CUSTOMER thirty (30) days pnor to cancellation or nonrenewal of the coverage or upon any material change ~n coverage OWNER shall produce copies of all endorsements and certificates of ~nsurance required under this secbon to CUSTOMER within ten (10) days of nobficatlon by CUSTOMER of award of Agreement and pnor to the commencement of any work or obhgabon under the Agreement 6 CONFIDENTIALITYINONDI$CLOSURE 6 1 SubJect to the requirements of the Texas Pubhc Informabon Act, any Confidential Information received by a party shall be rata~ned ~n confidence and shall be used, d~sclosed, and cop~ed solely for the purposes of, and m accordance w~th, th~s Agreement The recelwng party shall use the same degree of care as ~t uses to protect ~ts own confidential ~nformabon of a s~mflar nature, but no less than reasonable care, to prevent the unauthonzed use, disclosure or publ~cabon of the Confidenbal Information 6 2 CUSTOMER shall take all reasonable steps to keep the Licensed Software under adequate security to prevent unauthonzed access, cop~es, or use made thereof, and CUSTOMER agrees to not~fy OWNER ~mmed~ately of the existence of Page 8 circumstances surrounding any unauthorized knowledge, possession or use of the L~censed Software 6 3 OWNER shall take all reasonable steps to,keep CUSTOMER Records 0nclud~ng records referenced pursuant to statutory laws re~abng to privacy and confident~ahty as now ~n existence or as hereafter amended or Changed) under adequate security to ensure that no unauthorized access, copies, or use ~s made thereof, and OWNER agrees to not~fy CUSTOMER immediately of the existence of c~rcumstances surrounding any unauthorized knowledge, possession or use of CUSTOMER Records 6 4 No party shall be bound by obhgat~ons restncbng d~sclosure and use set forth ~n th~s Agreement with respect to Confidential Information, or any part thereof, which (a) was known by the recelwng party prior to d~sclosure, (b) was lawfully ~n the pubhc domain prior to ~ts d~sclosure, or becomes pubhcly available other than through a breach of th~s Agreement, (c) was disclosed to the receiving party by a third party prowded such third party, or any other party from whom such third party receives such ~nformabon, ~s not ~n breach of any confldent~ahty obhgat~on ~n respect of such ~nformat~on, (d) ~s independently developed by the rece~wng party, or (e) ~s d~sclosed when such d~sclosure ~s compelled pursuant to legal, judicial, or adm~mstrat~ve proceedings, or otherwise rrequ~md by law, subject to the rece~wng party using reasonable efforts to provide prior not~ce to the d~sclos~ng party to allow ~t to seek protective or other court orders OWNER expressly acknowledges that CUSTOMER's status as a mumc~pahty does not, ~n and of ~tself, automatically ~nject or render any ~nformat~on ~t possesses or has accumulated ~nto or a part of the pubhc domain 6 5 Notwithstanding any other prows~on of Section 6 of th~s Agreement, ~t ~s expressly agreed and understood that CUSTOMER may write, or allow third-party programmers, DP Professionals or software vendors to write, apphcat~on software ~nterfaces (APIs), routines or code for CUSTOMER's use, to allow CUSTOMER to share data between the Lmensed Software and any other software apphcat~on, and ~t ~s expressly agreed and understood by the part~es that such action, by ~tself, shall not constitute a breach of any duty of confident~ahty or non-d~sclosure 7 TERMINATION 7 1 In the event of a material breach or default by the CUSTOMER OR OWNER ~n the performance of th~s Agreement, the aggrieved party shall g~ve written nobce to the other party specifying the nature and extent of the breach The party in breach or default shall have thirty (30) days thereafter to cure any Such curable breach or default If such breach or default is not cured w~th~n sa~d thirty (30) day period, the termination of th~s Agreement shall become effective on the forty fifth (45) day following sa~d written not~ce 7 2 The parbes spec~hcally agree that OWNER w~ll be deemed to be ~n breach of ~ts obhgat~ons to CUSTOMER, and CUSTOMER may terminate th~s Agreement by written notme to OWNER, ~f Page 9 (a) OWNER is unable, at any bme dunng the Warranty Period specified in th~s Agreement, to correct any material malfunction, defect or nonconformity in the Licensed Software which prevents the L~censed Software from funct~omng ~n accordance w~th the Documentabon and th~s Agreement, within thirty (30) days after CUSTOMER's notification to OWNER specifying ~n reasonable detail ~n what respects the L~censed Software fails to conform, (b) OWNER ~s unable to d~scharge any of ~ts material maintenance obhgat~ons with respect to L,censed Software ~n accordance w~th the warranties for such maintenance set forth In the Software Services Agreement (Attachment D), or ~n any other maintenance agreement ~n effect between OWNER and CUSTOMER, w~thln thirty (30) days after CUSTOMER's notlficabon to OWNER specifying ~n reasonable detail ~n what respects the L~censed Software ~s not properly being maintained, (c) the sale, assignment, or other transfer by the OWNER, w~thout the prior written consent of the CUSTOMER, of such of the OWNER's rights ~n the L~censed Software whmh prevents the OWNER from the d~scharge of ~ts obhgatlons w~th respect to the performance of the L~censed Software under th~s Agreement during the Warranty Period or w~th respect to the d~scharge of ~ts maintenance obhgabons under any maintenance agreement ~n effect between OWNER and CUSTOMER, or (d) OWNER becomes ~nsolvent, makes a general assignment for the benefit of cred~tora, files a voluntary pet~bon of bankruptcy, suffers or permits the appointment of a receiver for ~ts business or assets, becomes subject to any proceeding under any bankruptcy or ~nsolvency law, whether domestic or foreign, or has wound up or hqmdated its bus~ness voluntanly or otherwise, and CUSTOMER has compelhng reasons to beheve that such events w~ll cause OWNER to fa~l to meet its warranty or maintenance obhgabons ~n the foreseeable future 7 3 (A) If the Agreement ~s terminated during the Warranty Penod by CUSTOMER due to a default by OWNER, sa~d termlnabon unrelated to prowslon 7 2(d) of th~s Agreement 0 e, OWNER's default due to ~nsolvency), then, ~n addition to any other remedies at law or m equity available to CUSTOMER, CUSTOMER may elect (a) for OWNER to return payments ~t received for the L~censed Software and Software Serwces w~thm fourteen (14) days of termination in which case CUSTOMER agrees not to obtain the release of the Deposit Matenals pursuant to Attachment K (Escrow Services Agreement) and CUSTOMER agrees to return the L~censed Software to OWNER, or (b) to obtain the release of the Deposit Matenals pursuant to Attachment K (Escrow Services Agreement) ~n which case CUSTOMER agrees not to receive a return of payments OWNER has received and CUSTOMER agrees to make payment in full for the software hcense fees for all Deposit Matermls released (B) If the Agreement ~s terminated during the Warranty Period by CUSTOMER due to a default by OWNER under provision 7 2(d) of th~s Agreement 0 e, OWNER's default due to ~nsolvency), Page 10 then, ~n addition to any other remedies at law or ~n equity available to CUSTOMER, CUSTOMER may elect for OWNER to return payments ~t received for the Licensed Software and Software Services or to obtain the release of the Deposit Matenals pursuant to Attachment K (Escrow Services Agreement) or both 7 4 In the event that this Agreement ~s terminated, each party shall forthwith return to the other party all papers, matenals, and other properties of the other party then in ~ts possession 7 5 The provisions of Secbons 1 (Defimtlons), 5 5, 5 6, 5 7, 5 8, 6 (Conf~dent~ahty / Nondlsclosure), 7 (Termination), 8 (Taxes), 9 1, 9,2, 9 4, 9 6, 9 7, 9 8, 9 10, 9 11, and 9 12 shall survive any termination 8 TAXES 8 1 CUSTOMER shall pay any and all taxes arising from or based upon the L~cense Fee, th~s Agreement or CUSTOMER's future use of the Licensed Software, other than ~ncome taxes properly owed by OWNER, unless CUSTOMER makes a clmm of tax exempt status In such a case, CUSTOMER shall prowde OWNER w~th evidence documenting official tax-exempt status 9 INDEPENDENT CONTRACTOR RELATIONSHIP 9 1 OWNER shall act ~n the capacity of an ~ndependent contractor with respect to CUSTOMER OWNER shall not act as, nor represent ~tself as being, an agent of CUSTOMER, and shall not act as, nor represent ~tself as being authorized to commit CUSTOMER to any obligation 9 2 As an independent contractor, OWNER shall take d~rect~on from CUSTOMER related to the results to be achieved by OWNER dunng the term of th~s Agreement All such d~rect~on shall be consistent w~th the scope of services to be prowded under th~s Agreement or any Addendum 9 3 As an ~ndependent contractor, neither OWNER nor ~ts employees, agents, or contractors shall have the status of employees of CUSTOMER or ~ts subsidiaries Neither OWNER nor ~ts employees shall be eligible to participate ~n any employee benefit, group insurance, or execubve compensation plans or bonus programs offered to employees of CUSTOMER CUSTOMER shall not prowde social security, unemployment compensation ~nsurance, worker's compensation ~nsurance, d~sabfl~ty insurance, or similar coverage, nor any other statutory benefits of employment to OWNER Page 11 9 4 OWNER shall comply w~th all apphcable State and Federal ragulabons ,nclud~ng but not hm~ted to the fihng of all required State and Federal ~ncome tax and other related taxes 9 5 NOthing ~n th~s Agreement shall be constrUed to create a hab,hty to any person who ,s not a party to th,s Agreement, and noth,ng here~n shall waive any of the part,es' defenses, both at law or equity, to any cia,m, cause of acbon, or ht~gabon filed by anyone not a party to th~s Agreement, including the defense of governmental ,mmumty, which defenses ara hereby expressly reserved 10 GENERAL 10 1 Approval by CUSTOMER shall not constitute, nor be deemed a release of the raspons~b~hty and hab,hty of OWNER, ~ts employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of the,r designs or other work, nor shall such approval be deemed to be an assumpbon of such responsibility by CUSTOMER for any defect m the design or other work prepared by CONTRACTOR, ~ts employees, subcontractors, agents, and consultants 10 2 Th~s Agreement, together w~th all append,ces or other attachments referenced here~n, contains the enbra agreement and understanding by and between the CUSTOMER and OWNER w,th respect to th,s project The parties hereto acknowledge that each has read th,s Agreement, understands It, and agrees to be bound by ~ts terms No representations, promises, agreements or understandings, whether written or oral, ratabng to th~s agreement and not conta,ned or referenced here~n, shall be of any force or effect The part,es further agree that th~s Agreement shall not be modified, except by a wntten~ agreement s,gned on behalf of both part~es by their respecbve duly authorized representat,ves 10 3 If e~ther party is raqmrad to engage ,n any proceedings, legal or otherwise to enforce its dghts under th~s Agreement, the prava,hng party shall be entitled to recover from thelother, ~n add,t~on to any other sums due, the reasonable attorneys fees, costs and necessary d,sbursements ~nvolved ~n sa~d pr0ceedmgs 10 4 OWNER ~s hereby authonzed to make reasonable mqu~nes, w~th CUSTOMER's cooperation, concermng CUSTOMER's comphanCe w~th th~s Agreement 10 5 If CUSTOMER matenally breaches any of ~ts obhgabons w~th respect to hm~ted use or confidenbahty of the L,censed Software, OWNER may seek equitable rahef to protect ~ts ~nterast there~n, ~nclud~ng, but not bm,ted to, ~njuncbve rehef 10 6 OWNER shall not be hable for delays ~n any of ~ts performance hereunder due to causes beyond ~ts reasonable control mclud,ng, but not hm~ted to, acts of God or labor d~sturbances Page 12 10 7 If any term(s), prows~ons(s), or condition(s) of th~s Agreement ~s held by a court of competent jurisdiction to be ~nval~d, void or unenfomeable, the remainder of the pmv~s~ons shall remain in full rome and effect and ~n no way be affected, ~mpa~red or inval~dated 10 8 Th~s Agreement shall be governed by the laws of the State of Texas All claims concerning the validity, ~nterpretatlon, or performance of any of ~ts terms and provisions, or any of the rights or obhgations of the p~rt~es hereto, shall be insbtuted and prosecuted in The State of Texas, County of Denton 10 9 This Agreement may be executed in multiple cop~es, w~th each executed copy consbtuting an original, but collectively const~tubng but a s~ngle document 10 10 If th~s Agreement is not fully executed by CUSTOMER within mnety (90) days of d~spatch by OWNER to CUSTOMER the offer contained here~n shall terminate and any subsequent mgmng of this Agreement shall have no binding effect 10 11 The contract documents consist of th~s Agreement and ~ts Attachments In the event of a conflict between the contract documents, the order of precedence shall be the provisions of the main body of th~s Agreement and then the Attachments and the Documentation ~n the follow~ng order Funcbonal Requirements (I), Documentation, Statement of Work (C), Software Service Agreement (D), Itemized Quote (B), Payment Schedule (A), Network Hardware Specifications (E), Master Name H~stoncal Summary Data Transfer Specifications Document (F), Geofile Conversion Document (G), Certificate of Insurance (H), Escrow Services Agreement (K), and then the Acceptance Plan Document (J) 10 12 OWNER offers an escrow enrollment plan as an added service to customers It is the CUSTOMER's respons~b~hty to pay to the, Escrow Agent the annual beneficiary maintenance fee m order to retain current status as an escrow beneficiary The escrow agreement shall be an agreement of the form prescribed in Attachment K (Escrow Services Agreement) Enrollment of the CUSTOMER in the escrow plan shall occur on or pnor to the ~nstallat~on of the L~censed Software in the event that OWNER should matenally default in ~ts obllgabons to CUSTOMER, or terminate this Agreement other than as permitted ~n accordance w~th the language hereto, excluding a good faith dispute regarding an uncured and mater~al breach or default of this Agreement by CUSTOMER, then CUSTOMER shall be enbtled to the release of Soume Code ~n escrow The Source Code shall be used for continued use and maintenance of the software only All ~ntellectual and prcpr~etary rights shall continue to remain m OWNER subsequent to the release of the source code or termination of this Agreement Page 13 CUSTOMER acknowledges that advances in technology, software, and their operabng platforms evolve over brae and that support and maintenance programs evolve ~n response CUSTOMER also acknowledges that the ~ntroducbon of new technology may require OWNER in future years to alter support and maintenance service ~n order to remain current w~th such technologies As such, the d~scont~nuance of a specific product or verslon's support and maintenance program by OWNER, w~th at least two (2) year's prior notice, which ~s due to substanbal advances in technology shall not consbtute a failure or refusal on the part of OWNER to provide support and maintenance, so long as reasonable alternatives are offered to CUSTOMER by OWNER Nothing in th~s paragraph shall be construed to invalidate or supersede OWNER's affirmabve obhgat~on as set forth ~n §5 13(B), above 10 13 Each party represents that the person execubng the Agreement on ~ts behalf ~s a duly authorized representative w~th the specific authonty to execute th~s Agreement IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year last signed below VISIONAIR, INC City of Denton Signature r~ ~ /~// Signature//~/~//~.;~l~/ Name R~chard J Holloman Name MichaelW Jez T~tle President Title C~ty Mana.qer Date ~' / ~'1 )~0 Date 5601 Barbados Blvd, P O Box 9600, Castle Hayne, NC 28429-9000 Phone 512-306-0087 Fax 512-306-0091 Estimate Date December 12, 2000 Attachment "B"'. Itemized quote Agency Znformation ~ Remote Office Information Agency City of Denton Office VlsionAIR, Inc Contact Tim Smith ContaCt Michael Pruner Emall tim smith@cityofdenton corn Email mlchaelp@vislonalr corn Address 610 E Hickory, Suite A Address P O Box 340926 City Denton, TX 76205 Oty Austin, TX 78734 Phone 940-349-7267 Fax 940-349-8533 Phone 512-306-0087 Fax 512-306-009! Computer Aided Dispatch Code Licenses Price Base CAD Package (pop under 75,000) VPC1-7 7 $103,365 00 CAD Momtor - View Only VPCMON 30 $15,000 00 E911 Interface VPCE-5 5 $6,010 00 EMD Interface VEMD-5 5 $4,725 00 NCIC Link - Access Only VPCN-7 7 $6,435 00 Paging Link VPCP-7 7 $6,435 00 Rtp And Run Interface VRIP-5 5 $6,010 00 Supervisor Position VPCS-3 3 $12,015 00 CAD Mapping VHAP-5 5 $18,290 00 Sub Total $278,285 O0 Records Management System Code Licenses Price Base EMS Package (Pop under 75,000) VPR140 40 $43,120 00 Bar Coding VBAR40 40 $8,580 00 Citations VPRC40 40 $8,580 00 Equipment Maintenance VPRE40 40 $8,580 00 Internal Affairs VPRI40 40 $8,580 00 Pawn VPRP40 40 $8,580 00 Towing VPTO40 40 $8,580 00 Traffic Accidents VPRT40 40 $8,580 00 Wants and Warrants VPRW40 40 $8,580 00 Administration and Personnel VPRA-0 10 $5,720 00 Imag~ng/Mugshets VIMG20 20 $20,595 00 Narcotics and Intelligence VPRN-5 5 $4,005 00 Sub Total $142,080 O0 3all Code Licenses Price Jail Base Package VPJA-5 5 $24,030 00 Fingerprint Interface VFING 5 $10,000 00 Sub Total $34,030 O0 Police Mobile Code Licenses Price Mobile/LAN Server Switch for Access from Mobile and LAN VMSGiC 100 $82,500 00 Client - NCIC Access from the LAN only VMBLA1 20 $11,000 00 Client - NCIC Access from the Mobile units VMBLA2 85 $93,500 00 In Car Mapping with AVL VMBLA4 85 $28,050 00 Mobile Access to Vtsion RMS VMBLA5 85 $28,050 00 Mobile Incident Report License VMBLA6 85 $18,700 00 Mobile Accident Report License VMBLA7 85 $18,700 00 Mobde Field Interview Report License VMBLFI 85 $18,700 00 Cad Interface For Silent Dispatch VMBLCAD 85 $18,700 00 Sub Total $317,900 O0 Fire Mobile Code Licenses Price Client - NCIC Access from the Mobile units VFMBLA2 27 $29,700 00 In Car Mapping with AVL VFMBLA4 27 $8,910 00 Mobile Access to Vision FIRE VFMBLA5 27 $8,910 00 Mobile Incident Report License VFMBLA6 27 $5,940 00 Cad Interface For Silent Dispatch VFMBLCAD 27 $5,940 O0 Sub Total $59,400 O0 Fire Cede Licenses Price Fire Module VFIR20 20 $27,460 00 Sub Total $27,460 O0 Emergency Management System Code Licenses Price EMS Module VEMS20 20 $27,460 O0 Sub Total $2?,460 O0 24x7 coverage is 24 hours a day, 365 days a year 8x5 coverage is regular business hours, 5 days a week Maintenance Code Years Price 24 x 7 CAD SW Maintenance M24CAD i $30,308 45 8 x 5 EMS SW Maintenance M8X5EMS 1 $1,029 60 8 x 5 Fire SW Maintenance M8XSFR 1 $3,295 20 8 x 5 .Jarl SW Maintenance M8XS.1L I $4,083 60 24 x 7 Message Switch SW Maintenance M24MSW i $14,025 O0 24 x 7 Police Mobile SW Maintenance M24MBL I $40,018 00 24 x 7 Fire Mobile SW Maintenance M24MBL I $10,098 00 8 x 5 RMS SW Maintenance MSX5RMS I $17,049 60 Sub Total $119,907 45 Installation Code Price CAD Software Installation INSCAD $2,500 00 CAD Project Hanagement PHCAD $17,828 50 CAD Network Configuration NWCCAD $2,800 O0 RMS Software Installation INSRMS $2,500 00 RMS Project Management PMRMS $14,208 O0 RMS Network Configuration NWCRHS $3,000 O0 Mobile Software Installation INSMBL $5,500 00 Mobile Project Management - Police PMMBL $31,790 00 Mobile Project Management - Fire PMFMBL $5,940 O0 Mobile Network Configuration NWCMBL $6,000 O0 Jail Software Installation INSIL $2,500 00 Jail Project Management PMJL $3,403 00 Jail Network Configuration NWCJL $2,500 00 EMS Software ]nstallation INSEMS $2,500 O0 EMS Project Management PMEMS $858 00 EMS Network Configuration NWCEMS $3,000 00 Rre Software Installation INSFR $2,500 O0 Fire Project Management PMFR $2,746 O0 Fire Network Configuration NWCFR $3,000 O0 Sub Total $115,.073 50 Training Code Days Price CAD System Administrator TCADSA2 4 00 $4,800 00 CAD Telecommunlcator TCAD2 9 00 $10,800 00 CAD Training TCAD2 2 O0 $2,400 O0 CAD Training TCAD2-A 2 O0 $2,400 00 CAD Advanced Sys Admtn TCAD2 i 00 $1,200 00 CAD LIVE TCAD2 2 O0 $2,400 00 RNS System Administration TRMSSA2 3 O0 $3,600 00 RHS Case Reports TRMS2 7 O0 $8,400 00 RMS Warrant TRMS2 1 00 $1,200 00 RMS Citation TRMS2 ! 00 $1,200 00 RHS DMV/Acc~dent W/Vlslo TRMS2 6 O0 $7,200 O0 RMS Administration and Personnel TRMS2 i O0 $1,200 O0 RMS Pawn TRMS2 0 50 $600 00 RMS Towed Vehicle TRMS2 0 50 $600 00 RMS Intelligence TRMS2 1 O0 $1,200 O0 RMS Internal Affairs TRMS2 1 O0 $1,200 00 RMS Equipment~Malntenance TRMS2 2 O0 $2,400 00 RMS Live TRMS2 2 O0 $2,400 O0 RMS Advanced TRMS2 2 O0 $2,400 00 RMS Training TRMS2 2 00 $2,400 00 RMS Training TRMS2-A 5 O0 $6,000 00 RMS Basic & Essentials TRMS2 2 O0 $2,400 00 RMS Basic & Essentials TRMS2-A 5 00 $6,000 00 RifS Bar Coding for Evidence and Property TRMS2 0 50 $600 O0 .1all System Administration T3LSA2 2 O0 $2,400 O0 .1all Booking with Imaging T3L2 4 O0 $4,800 O0 ]all Live T.1L2 2 O0 $2,400 00 ]aJl Live T]L2-A 2 00 $2,400 00 Mobile System Administration TMBLSA2 1 O0 $1,200 00 Mobile for Officers/Records Personnel TMBL2 3 O0 $3,600 O0 Mobile for Telecommunicators Tf4BL2 i O0 $1,200 00 Mobile Training TMBL2 8 O0 $9,600 00 Ifobile Training TMBL2-A 10 O0 $12,000 O0 Mobile Base TMBL2 4 O0 $4,800 00 Mobile Reporting TMBL2 4 00 $4,800 00 Mobile Reporting TMBL2-A 3 50 $4,200 00 System Administration for Fire and Setup TFRSA2 3 00 $3,600 00 Fire Incident / Calendar / Personnel TFR2 2 O0 $2,400 00 Fire Crew TFR2 3 O0 $3,600 00 Fire Budget TFR2 3 00 $3,600 O0 Fire Site / Water Source / Equipment TFR2 2 00 $2,400 00 Fire LIVE TFR2 i O0 $1,200 00 Advanced Fire TFR2 0 50 $600 O0 EMS Training TEMS2 14 00 $16,800 00 EMS System Admlnlstratlon TEIfSSA2 3 00 $3,600 00 Sub Total 138 50 $166,200 00 Conversions and Data Transfers Code Quantity Price CAD 3rd Party Geo Conversion DT-3PG i $3,000 00 Riffs MNHS RVMNHS I $10,656 00 CAD 3rd Party Additional Tables DT-3PAT i $2,500 00 Sub Total $16~156 O0 Options Code Quantity Price Encoder Interface VS1296 I $10,000 00 Interface Estimate VSIi07 i $10,800 00 NCIC Pager Software and Services 10 Umts* VSI294 1 $18,488 00 Paperless Reporting APl VSIll8 I $10,000 00 Software Enhancements VSOFO1 i $9,600 00 Sub Total $58,888 O0 ]:nform Code Licenses/Days Price Base Package 2 - Agency Hosts * VINF2-10 10L $20,000 00 Inform Pro]ect Management PMINF2 iOL $1,500 00 Inform 8X5 Maintenance MSXSINF2-10 10L $1,200 00 Inform Network Configuration Services NWCINF2 10L $1,500 00 Inform Installation Services * INSINF2 3L $6,000 00 On-site VSI Technician Support * INSINF2-TS 2D $4,000 00 Sub Total $34,200 O0 *Discount ($59,105 00) Grand Total $1,237,934 95 Prices are valid for 45 days fromldate of Estimate Prices DO NOT Include taxes V~sionAIR, Inc Attachment"C" Statement of Work SECTION I. GENERAL INFORMATION AND CUSTOMER PROFILE A. SALES REPRESENTATIVE INFORMATION NOTE if th~s is a Multi. Jurisdictional Customer, a Statement of Work must be completed for each Agency. VlmonAIR Sales Representative Michael Pruner Date 11/17/00 VlsionAIR Project Manager Lisa Clark PM Initials PM Approval Date B LEGAL ENTITY INFORMATION (For Contracting) LEGAL ENTITY NAME City of Denton Texas Street Address 601 E. Hiekory~ Suite A City Deuton State TX Zip 76205 Telephone 940-349-8562 Fax 940-349-8533 Contact Alex Pettit To whom should the Contract Packal~e be totaled Name Alex Pettit Title Director of T~ehnology Services Telephone 940-349-8595 Complete Address same as above C. CUSTOMER NAME / ADDRESS / TELEPHONE CUSTOMER NAME City of Denton PO# Customer Mmn Telephone 940-349-8562 Fax 940-349-8533 Tramm$ Room Telephone 940-349-7812 Finance Office Telephone 940-349-8533 CUSTOMER ADDRESS STREET CITY STATE ZIP Location Address 601 E Hickory Denton TX 76205 Training Center Address 601 E Hickory Denton TX 76205 Shipping Address 601 E Hickory~ Suite A Denton TX 76205 Mailing Address 601 E Hickory~ Suite A Denton TX 76205 Customer is located in what COUNTY Denton Is this a new VlslonAIR Customer or a Current VlSlOnAIR [] New Customer [] Current Customer Customer If this is a Current VlSlOnAIR Customer, ~s this aDOS to W~ndows UPGRADE [] Yes [] No Is this an Addendum to an ex~stmg License [] Yes [] No Date Exlst~ng License Signed Additional Comments A Purchase Order, if not available at time of slgmng contract, is requested within 30-45 days of date of signing contract, payment schedule and other related contract items Please fax the Purchase Order to the attention of TJ in Accounts Receivable at 910-602-6190, or if available, please return with contract documents for processing Revision 2 (06/23/00) I VisionAIR, Inc Attachment "C" Statement of Work D. CUSTOMER ORI # / STATE SALES TAX INFORMATION / DOMAIN NAME NOTE Customer must furnlsh VlsionAIR with a Sales T?x Ident~ficatlon number and rate Ifexe pt, Customer mustlprovide Vision with a Sales Tax Exempt Certificate as verification of the exempt status. The sales tax documentation must be provided to the Accounting Department at VlsionAIR, Inc (1-910- 602-6190) uponl signing of the Contract. ORI Number TX0610200 FDID# FD604 Jurisdiction # DPSN Domain Name CODPS State Sales Tax Status [] Taxable [] Exempt (If exempt, Customer must provide Tax Exempt Certificate ) If Taxable, Sale~ Tax Rate If Taxable, Sale~ Tax Identification # Additional Comments Tax Exempt #75-6000514 E CONTACT'INFORMATION C~ty ProJect Maaager Tim Smith Title Customer Support Manager Ema~l Address t~m smith~cltyofdenton eom Telephone 940-349-7267 Fax 940-349-8533 Cell 940-391-4958 List the names and telephone numbers of personnel dedlcqted to the project. (List main contact above ) NAME TITLE P~ONE EMAIL Gary Matheso~ Police Chief 940-349~7925 Gary Matheson~mtyofdenton com Ross Chadwick Fire Chief 940-349~-8101 erchadwg~cityofdenton corn Joanle Housewrlght Capt of Support Services 940-34927996 Joanie housewright~cityofdenton com David Wright LT of Support Services 940-349~7939 David Wright®cityofdenton corn Scan I~rk Support Services 940-349-8181 Scan ICdrk~cltyofdenton corn Brad Cole Battalion Chief 940-349-7285 bwcole~cltyofdenton eom Additional Comments Any scope of work changes must belrouted through T~m Smith or his designee F CUSTOMER PROFILE AGENCY TYPE [] 911 Center []F:re [] Sheriff []Jail [~J Private Sector [] Police [-lAlrport Police ~EMS [] Court [] College [] Other [] Multi-Jurisdictional / # of Jurisdictions Total # of Officers 194 Sworn Officers 135 Detective 24 Civilian 60 Patrol 84 Dispatch 18 Ja~l 6 Admm 48 Other 14 Total Pop Served 74,000 Day Population. n/a N~ght Population n/a Seasonal Increase n/a Other Agency Webslte CltyofDenton com Indicate below, the VlslonAiR Public Safety Suite products the customer is automating [] CAD [] RIVIS [] Mobile Data [] Jml [] Fire [] Court [] EMS [] GEO [] Other Inform Additional Comments The customer acknowledges that housing data for VlslonRMS, JAIL, FIRE, and/or COURT on the same server results in the sharing of common master index data including Master Name, Master Property, Master Vehicle, and Master Address I~a order to keep the master databases separate i for each respective index, agencies not choosing to share ~naster index data must utilize separate servers G HARDWARE VENDOR INFORMATION ' S NOTE. The c~stomer is responsible for providing hardware that meets VlsionAIR specifications a described in tile Hardware Network Specifications Docur0e. nt These hardware requirements are necessary for successful operation of the Windows NT version of the Vision apphcations software Hardware VenOor Dell Computer - workstations - Server~ TBD Rewsmn 2 (06/23/00) 2 VislonAIR, I~c Attachment"C" Statement of Work Contact Name TimSmlth-C]tyofDenton Telel¢hone 940-349-7267 Street Address City State Zip Is hardware vendor NT Cerhfied9 [~Yes [] No Proposed hardware mstallatlon date Hardware Maintenance Prowder Dell on WS Phone 800-955-3355 Add~tmnal Comments H SITE ISSUES NOTE' -The cable must be at least CAT 5, tested, and Certffied Vls~onAIR does not prowde cable installation Cable installatl0n means pulling cables, instalhng termination plates in walls and floors V~slonAIR is not responsthle for any cable work done by any third party vendor Transmission of data may be adversely affected by Improper cable installat~on -The Customer must provide VlSlOnAIR with a report of cable verfficat~on (CAT5 Certification) -The Customer must provide VlSlOnAIR w~th a dmgram layout of the cable drop location, numbering, and relation to patch panel. Does customer have physmal space for the staging of hardware configuration? [~Yes [] No If no, what modifications are planned and what ~s the planned completion date? Has customer made arrangements for cabling? [5~Yes [] No If no, what is the planned completion date? Does customer have suffiment electrical outlets and power supply to accommodate new configuration of network and workstation hardware9 []Yes ~] No (Note one, outlet per cpu and one per momtor) Does customer have physical space for all network hardware components? (this includes workstations, server location must have room for racks etc ) [~Yes [] No Is there an equipment room set aside for the rack, servers, hub, etc? [~Yes [] No Is Customer aware that ~t is mandatory for them to have a dedicated phone line and modem for support connectivity (RASg) [~Yes [] No Are notebook computers or other portable computers to be used? [~Yes [] No If yes, please exPlain how these computers will be used and how they will access the network LAN Based and CDPD Mobile Chents Additional Comments Customer will provide cable and layout drawing SECTION II. CAD INFORMATION / [] N/A NOTE If the Message Sw~tch ~s purchased, the Customer MUST purchase a Host Only License of NetOp Software. Th~s allows V~s~onAIR Support to dial m to resolve support issues with the Message Switch Number CAD calls/year 107,000 Number of Dispatehars .18 Number of Call takers n/a Please indicate for each workstation or group of CAD positions (i e CAD Pos # 1-5), ~fthe workstation is used by a call taker (C), dispatch (D), Supervisor (S) or CAD Monitor-Vmw Only (V), Services available (i e, NCIC, Mapping, E911, or Message Switch (MS), Location of the workstation Rews~on 2 (06/23/00) 3 VislonAIR, Inc Attachment"C" Statement of Work Cad C D S V NCIC Mapping E9I 1 Message Location Position~ Sw~tch [] 5 [] D~spatch 6-7 I1~1 [] IF-Ill-Il [] ~ I ~ I ~ FrontDesk 8 ~ ~10101 O O I O I ~ nmmalControl 9-ao O O l~lOI ~ ~ I ~ I ~ Dispatch-Clovss~isa IOIOIOl~l O O I OIO IDl~lOlOI O O I OlO What dep~ents will be d~spatched by thru C~ system9 ~ Law Enforcement ~ F~re ~ EMS ~ Other Ammal Control Additional Commits A. E911 INFO~ATION/O N/A NOTE -Customer must procure activation of the ~I/~I feed p~or to V~s~onAIR configuration -Customer must prowde cable for connection from Controller to CAD Se~er -Customer must prowde VlS~OnAIR with the ANI/ALI layout in printed or electronic format -An E911 Vendor representative must be present during ANI/ALI activation Agency Contact Nme for A~/ALI ~nfo~at~on Clovis George Telephone 940-349-7975 Total number ofpos~t~ons rece~wng E911 5 T~e of E911 Eqmpment CML E911 eqmpment vendor contact Denco~ll-~aveMcConnell Telephone 972-221-0911 A~/ALI Source ~1 contact name Mark Payne Telephone 972-221-0911 A~ALI Source g2 contact name Telephone PGR 972-321-1390 Additional Comments mpayne~denco org B NCIC INFO~ATION / ~ N/A NOTE If terminal emulation wall be used, the 3270 Terminal Emu,lat~on Software must be purchased a~d tnstalled by the customer Customer must prowde V~s~on~R w~th written verification from the State regarding the activation The State, Customer and V~slonAIR must agree upon activation date Additional terminal ~dentifiers must be available for each workstation that wffi be accessing NCIC wa V~s~on's messag9 sw~tch. Total number desired to receive NCIC 7 Vendor providing NCIC access (hst the State ~d County ~fthat ~s appropnme ) TX DPS Contact nme Molly W~ht Telephone 512-424-2254 Type ofque~ fo~ats ~ Tag ~V~ ~OLN ~Nme and DOB T~e of~nterface ~ Te~nal Emulation (Toggle) ~ Message Sw~tch O State Propnetau So~w~e O Third P~y So~e ~ Other Have State Protocols been ordered9 ~ Yes ~ No I Plied Activation Date x~e oCprotoco~ O TCPaP ~ CU6 2 ~S~ 3270 O~O2 O Pomng m-Sync Additional Comments Vislon~R has TDA sheet from Cusgomer/State of Texas Revision 2 (06/23/00) 4 VmionAIR, Inc Attachment"O" Statement of Work C. MAPPING INFORMATION / [] N/A NOTE: - VisionAIR does not warrant the completeness or accuracy of the data/map information provided by any Third Party Map program. VlslonAIR provides the interface only Attributes, characteristics and data provided via Arcview, MapInfo, or any other Map Programs sold through a third party vendor are not the responsibility of VlsionAIR. The VisionAIR Mapping Software Product does not include importing or transferring of existing map files to ArcView, MapInfo, or any other Map Program If file transfer/importing and/or digitization/manipulation of data provided by ArcVleW, MapInfo, or any other Map Program ~s required, these services must be detaded m the Statement of Work Please attach a complete explanation of such services to this document. -Customer must provide a sample of the street file prior to software installation. Is Customer purchasing mapping capabfl~tles from V~s~onAIR ' [] Yes [] No If yes~ Customer must p_~rehase ESRI MapOb]eets Software License for each seat using mapping Current Map program [_] MAPINFO [] ARCVIEW [] Otl~er Map file format ( tab, shp, ere ) shp # workstations shanng mapping program Will mapping be used with RMS~ [~Yes [-'-]No If yes, Customer must purchase The Omega Group's Crlmeview heense for each seat using mapping Will mapping be used on same momtor as CA_Do [~Yes [~No Mapping Source contact name Anthony Caranna Telephone 940-349-7249 Additional Comments SECTION III. RMS INFORMATION / [] N/A ARMS CRIME REPORTING / [] N/A NOTE -Bar coding equipment must be on-site prior to software installation -Scanning equipment must be on-s~te prmr to software installation -A licensed copy of Vlsio Techmcal Software is required for on line sketching with the Traffic Accident Module Vls~o,must be on each station that will be using the Traffic Accident Software for on hne sketching Vlsio Standard allows for Crime Scene diagrams The Customer is responsible for purchasing the Vis~o Software State Reporting Format [] Generic NIBRS [] Generic ucR [] State Sr.~cffic What State TX Does the State accept electromc submission of crime reporting9 [~Yes [_lNO Does the State mandate electromc submission of crime reportang? [Y~]Yes []No Number oflnmdents per year 9000 Number of C]tatmns per year 40000 Number of Accidents per year 2800 Number of Arrests per year 6000 Will bar codln[ will be used for Evidence/Property Collection? [5~]Yes [-']No Will scanning capabflltms be utlhzed for object attachment tq cases? []Yes [--]No Mult~ Junsd~ctmnal [--]Yes [~No If yes, please complete the attached Mult~-Junsd~ctmnal Form Additional Comments B LAW IMAGING INFORMATION ] [] N/A Rews~on 2 (06/23/00) 5 VlslonAIR, Ipc Attachment "C" Statement of Work NOTE' -When using more than one image capturing workstation, customer must ensure consistent environmental factors at each station such as lighting, background color, camera type, etc -lma~lng equipment must be on-site prior to software inst~llatlon # mug shots or images per month 1100 Total number o£workstatlons viewing lma§es 5 # image capture positions 1 Additional Comments C JAIL RMS INFORMATION / [] N/A NOTE Bar coding equipment must be on-site prior to sof~vare installation # of incarcerations per year 5200 Max inmate capacity: 50 # of Jmlers 6 # of Jarl Workstations 3 Commm~ary 9 __Yes ~ INo Wani to automate? [-- Yes [- No Medical ~ ~ Yes : No Wan~ to automate9[__Yes [ No Imaging9~ Yes No Want to automate9~ Yes No Bar Codlng9 ~ Yes = No Wan! to automate9 Yes ]No Multi Junsdmtlonal [- Yes ~,No If yes, please complete the Mulh-Jurtsdmtmnal Form W~ll bar coding will be used for ~Cell Checks V-]Commmsary Additional Comments D JAIL IMAGING INFORMATION / [] N/A NOTE -When using more than one image capturing workstation, customer must ensure consistent environmental factors at each station such as lighting, background color, camera type, etc -Imaging eqmpment must be on-site prior to software installation # mug shots or images per month 1100 Total number of workstations viewing images 5 # image capture ~posltlons 1 Additional Comments E FIRE RMS INFORMATION / [] N/A Contact name Brad Cole Telephone (~40) 349-7285 Address adrmmatratlon-212 W Sycamore Street, Denton, ~rx 76201 Number of callsl for service per year 3000 Number of units on duty at one time 27 Number of~nmdents per year 3000 Number of dePartments 6 Stations Number of full time employees 155 Fire and EMS Target date to implement NIFRS 5 0 reporting? Mult~ Junsdmtl°nal [] Yes [] No If yes, please complete the Multl-Junsdmtmnal Form Additional Comments F. EMS INFORMATION / [] N/A Contact name grad Cole Telephone (940) 349-7285 Address ~dmm~tration-212 W Sycamore Street, Denton, TX 76201 Number of calls for service per year 8000 Number of umts on duty at one t~me 27 Revismn 2 (06/23/00) 6 VisionAIR, Inc Attachment "C". Statement of Work Number of~ncldents per year 8000 Number of departments 6 Stations Number of full time employees 155 Fire and EMS Adchtlonal Comments SECTION IV. COURT INFORMATION / [] N/A A. MUNICIPAL COURT MODULE INFORMATION / [] N/A NOTE' Training must be coordinated through the Vls~onAIR Court Department State Repomng Format [] State Specific What State Does the State accept eleetrome submission of Crime Reporting [] Yes [] No Number of C~tatlons per year Number of Warrants per ~_~ar Is Customer a Beta Site II Yes [] No Mult~ Junsd~ctmnal [] Yes [] No If yes, please complete the Mulu-Junsd~ctmnal Form Add~txonal Comments SECTION V. MOBILE DATA / [-] N/A NOTE Mobile Reporting works with Windows 2000 Customer must provide VlsionAIR w~th a copy of the interface specffication Vis~onAIR has on file Customer must provide message key documentation VlsionAIR has on file Customer must prowde VlsionAIR with the state assigned resources for the mobde data system, ~ e, terminal ID. If the Message Switch ~s licensed, the Customer MUST purchase a Host Only L~cense of NetOp Unless otherwise herein noted, the Message Switch wall have four (4) capabdlties Tag, VIN, OLN, Name and DOB. If the customer wishes to change computer technologies in the future, Customer needs to consult w~th V~slonAIR as different technologies may warrant different client versions Customer must register modem EID's with CDPD prowder for assignment oflP addresses Must be activated at least 72 hours prior to software lnstallatmn.) A. CURRENT MOBILE DATA VENDOR INFORMATION Current mobile data vendor Itronlx, Datalux Current mobile data vendor contact Telephone B. MOBILE APPLICATIONS Indicate below the Mobile functlonahty associated w~th this purchase. [] AVL [] D~spatch [] Chat [] Emafl [] NCIC [] F~eld Reporting [] RMS [] Mappmg []Agency Specffic Database Quenes [] Other NOTE Mobde Reporting works w~th Windows 2000. Indicate below ghe Mobile Applications beln~ purchased from VlSlOnAIR [] Integrated solutmn (CAD, RMS. Mobile) I I Message switch and chent [] Message switch only [] Chent only [-]Message swltch/Chent to other CAD [] Message swltch/Chent to other RMS [] Access to third party database NOTE Unless otherwise hereto noted, the Message Sw~tch wall have four (4) capabd~t~es Tag, VIN, OLN, Name and DOB. Rews~on 2 (06/23/00) 7 VimonAIR, Inc Attachment"C" Statement of Work Type of state forms for field reporting [5~]Acmdent []F~eld In~ervlew []Incident Total # ofchent hcenses 112 I # m Pohce vehmles 85 I # CAD LAN based 7 # RMS LAN based 20 I # in Fire vehicles 27 Type ofVehmlesi Crown Vie If LAN based Client L~censes are being purchased, have the RID/SD numomcs been ordered [] Yes [] No c. OT IER VEN 'O ,.XNT aVACES Is VmlonAIR pro¢ld;ng an API to another vendor's CAD [--]~es []No If yes, what Vendor Contact Name Telephone # Is %mohAIR proy;ding an AP1 to another vendor's RMS [~yes []No If yes what Vendor Contact Name Telephonol# D. 3~ PARTY ~ERVICES Computer technology to I [5~]Touch Screen [ [] Pen Base I' [] Rug§edlzed be used I [] Standard [ []JOther Explmn other Type ofLaptops' Datalux currently The laptop operating system is [] Windows 2000 . Type of CPS []Standard [] Dlfferentml (Must also purchase AVL Management Workstation) Who is providing CPS for AVL? OPEN Contact I Telephone Who m lnstalhng CPS for AVL9 City Radio Shop Contact I Telephone Who is providing the moNle umts? OPEN Contact I Telephone Who is installing ,mobile traits? City Radio Shop . Contact Telephone Type of mounts [--]SMC [] Camber Johnson [] G&J [] Other Who is installing mounts9 C~t¥ Radio Shop Contact I Telephone Type ofmodems ~[.~q Smrra wireless ~[~_] INETvRM 650 MRM ~ Alrllnkother [~VRM600 Who ns installing modems9 City Radio Shop Contact I Telephone Type of telephony connection bmug provided [] 56 K [] T1, []]]Fiber [~Other Who is providing, telephony equipment installation9 AT&T Contact Tom Martin I Telephone 214-763-4535 NOTE If the customer w~shes to change computer technologies m the future, Customer needs to consult with V~slonAIR ~as different technologies may warrant different client versions E. STATE NETWORK COMMUNICATION PROTOCOL What communication protocol does the state use ["-]TCPflP ~ LU6 2 [] SNA 3270 [] LU2 [] Polling By sync [] UTS 60 State Technical Contact Name Molly Wright I Telephone 512-424-2254 Rewsmn 2 (06/23/00) 8 VlsionAIR, Inc Attachment "C", Statement of Work F. WIRELESS~TECHNOLOGY What w~reless technology ~vfil be used' [] EDAC'['-] DataRad, o [] RNC 3000/6000 [] CDPD [] Other Explmn Other If DataRad~o, what versmn ofDataRad~o MRM firmware wfll'be used? Customer must have a radm box (BDLC) from DataRadm to program the modems ) IfRNC 3000/6000~ ss ~t ~nstalled9 [-]Yes []No ProJected ~nstallatmn date RNC 3000/6000 Contact Telephone If CDPD, who ~s the Prowder AT&T (Customer must register modem EID's w~th CDPD provider for assignment cliP addresses Must be activated at least 72 hours prior to software installation ) W~reless Provider Contact Tom Martin Telephone 214-763-4535 G. ADDITIONAL MOBILE INFORMATION / NOTES Please describe any special funetmns which may be reqmred for proper operation of thru system, ~ e, customer programming, county ~nterfaces, manframe ~nterfaces, etc Additional Connnents New Mobde computers will meet or exceed Vis,chAIR Specifications SECTION VI. INTERFACES WITH 3m) PARTY SOFTWARE / CUSTOM MODIFICATIONS/[-1N/A A INTERFACES WITH 3m) PARTY SOFTWARE/[-"]N/A NOTES V~s~onAIR does not recommend mstalhng WlnBeep on the CAD Server When WlnBeep ~s purchased, a 2"a Modem is reqmred. Customer must purchase the 3ra Party Software necessary to interact w~th VislonAIR interfaces, ie ~ WmBee~ Zetron, ProQA, DBI upload services [] CAD/pag~ng(W~nBeep) [] Zetron Toning IX] F~ngerpnntlng/AF~IS [] ProQA for W~ndows/Medlcal Priority Dmpatch System Software I I Vision RMS with other CAD [] Vmmn Mobile w~th other CAD [] CnmeV~ew [] Other See Below Additional Comments Tomng/Alertmg' The City of Denton plans to purchase a Zetron Toning System The abd~ty for V~slonCAD to interface will be based on the current VlslonCAD Zetron Toning Interface AFIS/Flngerprmting VislonAIR has deployed NEC AFISI ~n TX Court Interface for Warrant Transfer from CSI to V~s~onRMS Warrant Module, V~s~onPaperless C~tat~on TXT File on message switch for CSI use, and D~sposlt]on Transfer form CSI to V~s~onRMS C~tat~ons wdl be outlined as an attachment to th~s SOW B CUSTOM MODIFICATIONS / []N/A I Describe ~n detail any Custom Modfficat~ons purchased as part of th~s project SECTION VII. HISTORICAL DATA SECTION / ~]N/A A CAD CONVERSION / []N/A NOTE Customer data must be provided at least 3 weeks.prior to desired debverable due date Data must be presented m the V~s~onAIR reqmred format Is th~s a V]s~on DOS to NT Conversion or a Third Party Conversion [--]DOS to NT []Th]rd Party Revision 2 (06/23/00) 9 VmionAIR, Inc Attachment "C". Statement of Work Is th~s a FULL CAD Conversion (Avmlable to Vision DOS Customers only), or, a GEO Conversion [_~]FULL (Available to Vis~on DOS Customers only) [~GEO Jurisdiction Name (Do not exceed eaght Characters) DPSN L~st each 3ra Party CAD Table to be converted Additional Comments Internal ALI conversmn wall also be completed by V~s~onAIR and has been priced in the quote as part number DT-3PAT. Customer IS responsible for placing data m desired format prowded by VlsionAIR B MASTER NAME HISTORICAL SUMMARY (MNItS) / I--]N/A NOTE' VislonAIR uses the Master Name Historical Summary Methodology for handhng historical data from other Records Management systems. Th~s method is explained in detail in the VISION RMS Master Name Itistorieal Summary Methodology Document. V~sionAIR does not commit to the completion of the MNHS transfer of data before the customer's live date Upon receipt of the customer's sample data, VlsionAIR will issue an estimated completion date All customers desiring MNHS are solely responsible for the transfer of their data to a media source. Acceptable media types ~nclude CD-ROM, Zip drive(s), or Floppy disks using Pkzip or Wmz~p It is recommended that the customer maintain the current or old RMS system for a "lookup station" until all data has been.transferred VlSiOnAIR will perform one transfer of data to MNHS per customer V~s~onAIR encourages each customer to provide sample data of at least, but no less than, Name data (Name_Table) and one or more of the Summary tables as specified m Section III of Attachment F (Historical Table Structures) Once the Data Transfer department has verified that all of the sample or final data submissions meet the spemfied MNHS format requirements then an estimated completion date can be issued Is the Customer purchasing MNHS9 [~Yes [--]No What Product hnes [~RMS I--IJafl If the Customer ~s purchasing MNHS, has the Customer reviewed the attached VISION RMS Master Name H~stoncal Summary (MNHS) Methodology Document and does the Customer agree to comply w~th the techmcal data format reqmrements outhned ~n the document? [~Yes Customer's Initials Date PLEASE COMPLETE THE FOLLOWING INFORMATION ABOUT THE CUSTOMER'S CURRENT DATA FORMAT. Data file Format SQL 7.0 I Medmm Data will be stored on CDROM Data File layout will be prowded w~th data (including field defimt~ons) [5~]Yes [--[No Customer Contact LT David Wright Company/Individual responsible for putt~n$ h~stoncal data m Vls~onAIR specified data file layout Indicate files to transfer Please complete the following ~nformatlon about the files to be transferred # of Records [ S~ze of Files 600MB I # of Years 3 Additional Comments Current RMS vendor' ICS/AMT Additional Tables/Information to be converted Vehicle Informatmn, Images and Narratives attached as Obseets SECTION VIII. VISIONAIR APPLICATIONS NOTE V~sionAIR, Ine prowdes software appbeations that are developed m house These appbeatmns are sold as "commercial off the sheIP' software packages, but are subject to the spemfie warranty prowsmns set forth ~n the Software L~eense Agreement, which shall govern over th~s document Essentmlly, the L~eensed Software is warranted to conform to VmonAIR's specifieatmns and software doeumentanon, and ~s further warranted to aeeomphsh the Functional Requirements set forth in Attachment I of the Software License Agreement Rews]on 2 (06/23/00) l0 VisionAIR, Inc Attachment "C" Statement of Work Are any of the V~slonAIR Software Apphcatlons or Interfaceslbe~ng purchased still under development [~]Yes If yes, which ones Fare Mobile, EMS Reporting and Couriilnterfaee for Warrant Transfer from CSI to VislonRMS Warrant Module, VmonPaperless Catatmn TXT Fde on message swatch for CSI use, and Daspositlon Transfer form CSI to VisionRMS Citations will be outlined as an attachment to this SOW What is the custOmer's understanding and expectations regarding th~s software until such time that ~t'ls released Products wall be delivered upon release from Vls~onAIR QA department Add~tmnal comments SECTION IX. ¥ISIONAIR SOFTWARE MAINTENANCE AND SUPPORT Software Mmntenance and Support Services are provided!through renewable contractual agreements and ~s offered on th!s agreement on a Premmm Support 7 X 241 (Seven Days Per Week / 24 Hours Per Day Agencies with these agreements are supphed with all updates and enhancements at no addational charge during the term of the agreement. Remote dmgnostics and a toll free telephone support number are also Included. To be able to perform remote diagnostics and to ,mstall executable changes to the software, the Customer must maintain a dedacated phone line and modgm for the exclusave use of VisionAIR Support Software Mmntenance and Support serrates become effecglve the date the Customer first uses the Lacensed Software operationally ("Goes Live") The cost for 1st year software maintenance and support is included In this contract. The agency will be provided w~th a renewal quote annually The Agency ~s responsable for renewing the coverage. Have V~s~onAIR and the Customer agreed to any terms or cond~tmns regarding SW Mmntenanee and Support dafferent than described above? [~]Yes [~]No If yes, descnb~ ~n detml Addmonal comments Mmntenance Agreement wall true up to October 1st for Budget Typacally, V~slonAIR wall pro rate each module during the first renewal term aslto get the whole SSA on to the customer's fiscal year VlSaOnAIR will hmit increase of fees to 3% per year for three years SECTION X. TRAINING V~saonAIR will ~provide eomprehensave tralmng on the VlstonAIR apphcataons purchased as part of th~s project. The Customer may elect to be trained at the VasmaAIR Training Center (Brevard, NC) or ON SITE at a location provaded by the Customer I , CALCULATIONS OF TRAINING DAYS: Use the folloWing formula for calculating the total tra~mng days for each module [(# of people to be trained) - [(# of computers for trmmng ) · (# of trainees per computer)]] · (Number oftrmmng days per module) = total number trmmng, days reqmred or [(b) - (c · d ) ] · (a) = (e) total number oftrmmnl~ days or [8-(2 · 2)] · 2 = 4 days (Alway~ round up for part~al days) NOTE' The # of tralnlng days Per Module as based on a MAXIMUM class size of 15 wath no more than 2 people per terminal If there are more than 15 people to train and more than two people per terminal, more tramm[[ Oays will be reqmred I CAD TRAINING Software # # # # Total # Location of Training Training Trainees Computers Trainees/ Days- Days Available Terminal Training Per Module (b) (c) (d) (e) CAD System 4 0 9 5 2 4 [] On-Site [] VlSlOnA1R Rewsmn 2 (06/23/00) 11 V~slonAIR, I~nc Attachment "C" Statement of Work Adm]mstratton- including NT/SQL Overview CAD 3 0 19 5 2 12 [] On-Site [] VlslonAIR Teleeommunlcator Ad~noed CAD for 10 9 5 I ' 2 1 [] On-Site [] VisionAIR System Administrators* ..... .. CADLIVE** '" 2'0 NA NA 'NA 2 [] 0n-S,te'[-]'VlsionAIR' CAD Consulting Day 1 0 NA NA ' NA 1 [] On-Site [] VIsionAIR TOTAL DAYS ON-SITE FOR CAD 20 I TOTAL DAYS AT VISIONAIR FOR CAD NOTES. · The Advanced CAD for SA class will include browse field orders, changing colors on dispatch screen, CAD Reports, and Ad-Hoe Reports The traintng should be completed just before going LIVE · * One day of CAD LIVE will be used to clear tables and any other preparation required for going live RECORDS MANAGEMENT SYSTEM TRAINING Software # # # # Total # Location of Training Training Trainees Computers Trainees/ Days- Days Available Terminal Training Per Module (b) (c) (d) (e) RMS System 3 0 4 10 2 4 [] On-Site [] VlslonAIR Administration including NT/SQL Overview RMS Basic & 1 0 179 10 2 14 [] On-Site [] VisionAIR Essentials* Pax/IS Case Reports** 1 0 33 10 2 4 [] On-S~te [] VlslonAIR Administration and 5 10 10 2 1 [] On-S~te [] VlslonAIR Personnel Bar Coding for 1 3 10 2 1 [] On-Site [] VlSlOnAIR Evidence and Property Bike Registration 25 2 [] On-S~te [] VlsionAIR Budget Tracking .5 2 [] On-S~te [] VislonAIR Citations 5 10 10 2 1 [] On-S~te [] VlsionAIR Civil 5 2 [] On-Site [] VislonAIR Equipment 1 0 3 10 2 1 [] On-Site [] VislonAIR Maintenance Gun Permits 25 2 [] On-S~te [] VlslonAIR Imagmg/Mugshots 5 30 10 2 3 [] On-Site [] VlslonAIR Internal Affairs 5 1 10 2 1 [] On-Site [] VlslonAIR Narcotics and 5 5 10 2 1 [] On-Site [] VisionAIR Intelligence Officer Activity Log 25 2 [] On-S~te [] VlslonAIR Parking Tickets 25 2 [] On-Site [] VislonAIR Pawn 25 7 10 2 5 [] On-Site [] VlslonAIR Rewsmn 2 (06/23/00) 12 VmionAIR, Inc Attachment "C" Statement of Work Towing 25 2 10 2 5 [] On-Site [] VlsionAIR Traffic Accident 1 5 15 10 2 3 [] On-Sate [] VlsionAIR Reporhng with Vino Wants and Warrants 25 18 10 2 5 [] On-Sate [] VislonAIR Mapping NA NA NA 2 NA [] On-Site [] VlslonAIR RMS LIVE 1 0 NA NA NA 3 [] On-Site [] VlslonAIR Advanced RMS **~ 1 0 35 NA 2 1 [] On-Site [] VisionAIR RMS Consulting Day ~ 0' ' NA ' NA 1 2 [] On-Sate [] VisionAIR TOTAL DAYS ON-SITE FOR RMS 41 5 I TOTAL DAYS AT VISIONAIR FOR RMS NOTE *The RMS Basic and Essentials Class needs to be attended by anyone who wdl be using the system The class will focus on the tool bar functions, searching techniques, and master mdaces ** The RMS Case Reports training includes Case Mgt, Incident Arrest, Juvenile Custody, and Ibase Reporting. *** The Advanced RMS class includes advanced training on Ad Hoc Reports and Standard Reports and will take place after the Agency ~s LIVE. JAIL TRAINING # # # # Total # Locataon of Training Software Training Trainees Computers Trainees/ Days- Days Available Terminal Trmnlng Per (b) (c) (d) (e) Module Jarl System 2 0 4 10 2 2 [] On-Sate [] VisionAIR Admmmtrat~on and setup Jarl Bookang 2 0 15 10 2 4 [] On-Sate [] VlSlOnAIR whmagmg ff appheable Jarl Commissary w/ 0 5 2 [] On-Sate [] Vlsi#hAIR Bar Coding, ff apphcable Jarl Me&cal 0 5 15 10 2 1 [] On-Sate [] VlSlOnAIR Jarl LIVE* 2 0 NA NA NA 2 [] On-Sate [] VlsionAIR Advanced Jarl** 1 0 4 10 2 1 [] On-Sate [] VislonA1R TOTAL DAYS ON-SITE FOR JAIL 10 ] TOTAL DAYS AT VISIONAIR FOR JAIL NOTE * The 2 days for JAIL LIVE is based on 500 or less beds Training wall increase 1 day per each 500 increments ** The Advanced JAIL class includes advanced tralmng ~n Ad Hoc Reports and Standard reports MOBILE TRAINING Software # # # # Total # Location of Training Training Trainees Computers Trainees/ Days- Days Available Terminal Training Per Module (b) (c) (d) (e) Mobile System 0 5 2 10 2 I [] On-Sate [] VislonAIR Admmastrat~on Revision 2 (06/23/00) 13 VtsionAIR, Inc Attachment "C"' Statement of Work Mobile Base 0 5 265 10 2 19 [] On-Site [] VisionAIR Mobile LIVE 1 0 NA NA NA 1 [] On-Site [] VislonAIR including CAD Interface TOTAL DAYS ON-SITE MOBILE 21 I TOTA~ DAYS AT VISIONAIR FOR MOBILE Paperless Reporting 25 25 10 2 1 [] On-Site [] VislonAIR System A dmm~,~tratlon Paperless Reporting* 1 0 226 10 2 14 [] On-Site [] VlSlOnAIR TOTAL DAYS ON-SITE PAPERLESS 15ITOTAL DAYS AT VISIONAIR FOR PAPERLESS NOTE' * The training days per module for the Incident and Field Interview Reports is 0 5 days If the Agency is PFUrchasing the Incident, Field Interview and Accident Rel~ort, the required training IS 1 0 day. IRE TRAINII~ Software # # # # Total # Location of Training Training Trainees Computers Trainees/ Days - Days Available Terminal Training Per Module (b) (c) (d) (e) System 3 0 3 10 2 3 [] On-Site [] VisionAIR Admnnstration for Fire & Setup* F~re Incident / 1 0 31 10 2 4 [] On-Site [] VlslonAIR Calendar Fire Personnel 1 0 9 10 2 1 [] On-Site [] VislonAIR Fire Site / Water 1 0 34 10 2 4 [] On-Site [] VislonAIR Source / Equipment Fire LIVE 1 0 1 NA 2 1 [] On-Site [] VisionAIR Advanced Fire** 0 5 15 NA 2 1 [] On-Site [] VislonAIR TOTAL DAYS ON-SITE FOR FIRE 14 I TOTAL DAYS AT VISIONAIR FOR FIRE NOTE * If the Fire System Administrators have been trained on RMS System Administration, then only 2 days are required ** The Advanced FIRE class includes advanced training on Ad Hoc Reports and Standard reports EMS TRAINING Software # # # # Total # Location of Training Training Trainees Computers Trainees/ Days- Days Available Terminal Training Per Module (b) (c) (d) (e) EMS Setup 2 4 10 2 2 [] On-Site [] VislonAIR EMS Reporting 1 132 10 2 14 [] On-Site [] VlslonAIR EMS Live 1 NA NA NA 1 [] On-Site [] VlSlOnAIR TOTAL DAYS ON-SITE FOR EMS 17 I TOTAL DAYS AT VISIONAIR FOR EMS Rews~on 2 (06/23/00) 14 Vis~onAIR, Inc Attachment "C" Statement of Work Additional Training Informatwn A quahfied Visi0nAIR Trainer wdl tram during standard office hours (8 00 am to 5 00 pm) unless specffied otherwise in this Statement of Work The V~sionAIR Trainer will provide hands on training and will provide handouts~ manuals~ and documentation relevant to the software applications Training at V~sionA1R Training Center (Brevnrd, NC): When training at the VislonAIR Training Center, V~s~onAIR prowdes all hardware and materials necessary for tramm§ Travel and related expenses are the. respons~biIl~ of the customer. Will the Customer receive any trmnlng at the VisionAIR Traiqin$ Center`) [[Yes [~No How many trainees will the Customer send tothe VisionAIR TrmnIn§ Center for training? Training On Site: When training On S~te, the V~smnAIR Trainer will provide manuals and handouts relevant to the training The Customer is responsthle for the following unless specifically stated otherwise in this Statement of Work providing adequate training facilities and all the hardware necessary for training; setting up the facilities for training; breaking down the facilities, and relocating the hardware to the appropriate place within the customer's facihty at the completion of training. Adequate facihtles Include, but are not limited to, the following: physical space sufficient enough to accommodate the trainees, adequate electrical power and outlets, sufficient PC's for "Hands On" experience for each trainee (no more than 2 persons per PC recommended), and, installing the hardware to be used which includes setting up the hardware and installing all cables, power supply, telephone lines, etc Facilities should be ready for training to begin when the VlslonAIR trainer arrives Will the Customer receive any On-Site Training`) []Yes [-'}No Traimn§ Center Location 601 E Hickory If the Customer will be trained ON SITE is there adequate physical space for training at the Customer location? []Yes [~No If no, where will the training be held`) Trmning Room Telephone # (# where VisionAIR Trmner can be reached) 940-349-7812 Have the travel and related expenses been included in the pricing for ON SITE Training? [5~Yes [-]No NOTE. Unless Travel and Related Expenses have been ~neluded in the pricing for On Site training, the Customer wall be billed the travel and related expenses Incurred by the VisionAIR Trainer Has VisIonAIR and the Customer agreed to any special arrangements or terms regarding training different than those described above`) [--]Yes [S:~No If yes, describe in detall Additional comments Customer has the Option at their own expense to make Video Tape Copies of the Training Classes for their internal use SECTION XI. CONFIGURATION/INSTALLATION NOTE' Customer must provide VisionAIR with a detailed inventory list (both software and hardware) and a network dm§ram as an attachment to the Statement of Work Network Configuration: The items delineated below must be complete before a network is considered functmnal This may be accomplished by the customer, a third party Integrator, or the customer may purchase these services from V~sionAIR 1 ) NT Server (PDC, BDC, VmionAIR Application · Security Configuration Server) · Service Pack Installation · Operating System Installation (NT Server) * TCP/IP Configuration · Additional NIC cards Installation (If Mirrored) · Domain Configuration Revision 2 (06/23/00) 15 VimonAIR, Inc Attachment "C" Statement of Work 2 ) Workstation * Tape device Installation (Admln PC) · Operating System Installation Windows 2000 · Modem configuration (Admln PC) · Service Pack Installation NOTE' To preserve factory warranty, all Integrated devices (e g additional processors in servers and/or workstations, memory) must be factory installed or installed by factory-approved technicians VisionAIR will not install integrated devices. NOTE The CAD Fax Server must utilize an external modem, not an internal Dlgffioard modem. NOTE Reference contract attachment, Network Hardware Specifications, "Setup Standards for Servers and Workstation" for detailed setup requirements Software Installation: VlslonAIR representative will be responsible for installing VlslonAIR developed Software products as well as additional 3~ party apphoatmns c~ehneated below as part of Software Installatmn 1 ) NT Server · MS WlNNT data dump (for backup purposes) · MS SQL Server · Backup Agent 0fSeagate Backup is utilized) · VINCA (If Mirrored) · Seagate Executive Backup Software (BDC only) · VlslonAIR Developed Products · Remote Access Servzce (BDC Only) 2 ) Workstation · Snappy (for Imaging PC) · MS SQL Client · Seagate Executtve Backup Software (Admtn · VlslonAIR Developed Products PC) · Vlslo (Sketching Software for Applicable PC's) · MS WINNT Backup (Admin PC if Seagate option not selected · RemoteAccess Servtce (Admtn PC) NOTE Customer will have the option of placing the tape drive and Backup Software on either the BDC or Administrator's Workstation. Customer will have the option of placing Remote Access Service on either the BDC or Administrator's Workstation. Additional Serwces' The products and services listed below are not required to successfully install VlslonAIR developed products, but may be pumhased from VlslonAIR to complete the configuration of the customer network 1 ) NT Servers · MS SNA Server (for NCIC access) · MS Exchange · MS SMS (Server Configuration) 2 ) Workstations · Map ObJects · Terminal Emulation · Crystal Reports · MS SNA Client (for NCIC access) · Emafl setup · Attachmate TCP/IP (NCIC access) · Came V~ew · Attachmate Pepgate (NCIC access SC only) · Wlnbeep (paging software) · Rumba · MS SMS (Client Configuration) · Arcvlew (Admln Station only) 2 ) Network peripherals · Jet Direct cards (Network Pnnhng Capabilities) NOTE The network arehiteeture is designed as an open system Thehstofaddltionalservieeslssublect to change as third parties and VislonAIR continue to develop new products Also, new technology may be introduced to improve customer productivity Configuration/Installation: Use the gad below to mdmate the components of the network and the installation/configuration sermces purchased from VlslonAIR HARDWARE # OF SOFTWARE NETWORK ADDITIONAL PRODUCTS COMPONENTS COMPONENTS INSTALLATION CONFIGURATION AND SERVICES Remsmn 2 (06/23/00) 16 VisionAIR, Inc Attachment "C" Statement of Work SERVERS PDC 1 N/A ~YES [ NO BDC 1 N/A ~ YES [__ NO Wmbeep RMS 2 × YES NO~ YES [ NO Co-Standby CAD 2 × YES NO ~ YES [ NO Co-Standby MESSAGE 1 ~ YES _ NO ~YES []NO SNA/NetOp SWITCH SNA ~ YES ~_ NO E YES Z NO On Message Swtteh Terminal Server 1[~ YES NO ~ YES NO RMS Warm Spare Server 1 ~ YES _ NO ~ YES NO NT/SQL WORKSTATIONS CAD .... 10 ' ' ~YES NO ~ YES NO Plus 30wewonly RMS so ~YESNO~YES -- NO FIRE 20 ~ YES NO _~IYES NO JAIL 5 ~YES NO _X YES = NO EMS 20[~ YES NO × YES NO MOBILE ~0 EYES © NO _~ YES [] NO LApToPS FIRE MOBILE 27 []YES []NO ~YES []NO POLICE MOBILE 85 []YES []NO []YES [] NO CONNECTIVITY: Type of Connect;wry [] Hubs [] Sw~tches [] Routers Axe all workstatmns located m the same physical locatmn (the. same bmldm~ )9 []Yes [] No Are all servers located m the same physical location (the same. bmldmg )9 []Yes [] No If No, include the locations of each server and each workstatmn Also, hst the type of eonneet~wty that currently exlsts~between each location E g. Modems, T1 bnes, F~ber Optic, ere LOCATION CONNECTIVITY/BAND ADDITIONAL COMMENTS WIDTH See attached location worksheet Have Travel and Related Expenses been included m the On S~te Configuration/Installation cost9 [] Yes [] No NOTE' Unless Travel and Related Expenses have been included m the lnstallatlon/eonfiguratmn pricing, the Customer will be bdled the travel and related expenses recurred by the VlsmnAIR Teehmemn Additional Comments See Attached Location Worksheet SECTION XII. PROJECT MANAGEMENT Revision 2 (06/23/00) 17 VisionAIR, Inc. Attachment "C"' Statement of Work VlslonAIR will assign a ProJect Manager to oversee and coordinate the implementation of this project. The Project Manager will be the customer's point of contact throughout the implementation of the project The ProJect Manager duties include the following. -Track the status of current and pending milestones for the project schedule -Ensure the coordination of software installation dates -Ensure the coordination of training dates -Provide a lials0n between VlsionAIR and the Customer -Track and maintain a log of outstanding implementation issues -Maintain a master project schedule Explain in detail.any special a~reements made with the Customer regarding Project Management If ProJect Management requires on site services, have the travel and related expenses been included In the ProJect Management pricing9 [5~]Yes [--]No NOTE. Travel and related expenses incurred by the VlSiOnAIR Project Manager will be billed to the Customer unless included in the pricing. Additional Comments It is necessary for the Customer to sign off on the Work Completion Form's (WCF) as services are rendered and prior to the VisionAIR representative leaving the customer site. The VisIonAIR Project Manager must receive the signed Work Completion Form (WCF) prior to advancing to the next stage of implementation A signed WCF will denote deliver and completion of services rendered. SECTION XIII. ADDITIONAL INFORMATION Use this space to provide any additional information or special agreements made regarding th~s project that are not covered elsewhere in this Statement of Work RIM Pagers. VlSlOnAIR will provide 10 software licenses to Denton for the RIM pagers for TLETS access when TX DpS approves RIM pagers for TLETS access Note VislonAIR represents that the hardware, software, and services specified In this scope of work are necessary and sufficient to accomplish the functional requirements enumerated in Attachment "I" of the Software LicenSe Agreement, and CUSTOMER rehes on VlslonAIR's judgment in this regard In no event shall this document supercede or limit in any way V~sionAiR's obligations to accomplish the functional requirements set forth in Attachment "I" Rev~smn 2 (06/23/00) 18 ATTACHMENT "D" SOFTWARE SERVICE AGREEMENT C~ty of Denton 601 East H~ckory Denton, TX 76201 Be~nnln= the day on which CUSTOMER first l. lses a module of the Licensed Softwere operabonall¥ ("Goes L~ve") Th~s SOFTWARE SERVICE AGREEMENT (hereinafter "Agreement") (~ncorporated ~n to the Software L~cense Agreement of ,2000 as Attachment "D') ~s entered ~nto by and between C~ty of Denton (hereinafter "CUSTOMER") and VISIONAIR INC, a North Carohna based company w~th offices located at 5601 Barbados blvd, Post Office Box 9000, Castle Hayne, North Carohna 28429-9000 (hereinafter "VlSlONAIR") VISlONAIR shall perform maintenance services on the L~censed Software and CUSTOMER shall accept and pay for such services, pursuant to the terms and conditions here~n prowded, L~censed Software shall mean the VlSIONAIR software as described ~n the Quotation (Attachment "B") to the Software Lmense Agreement), as such may hereafter be supplemented and as such L~censed Software may hereafter be updated w~th ~mprovements, enhancements and mod~flcabons furmshed to CUSTOMER by VlSIONAIR 1 Term Th~s agreement shall become effecbve on the date shown above (hereinafter "Effecbve Date"), and, unless sooner terminated as hereinafter prowded, shall remain ~n full force and effect for an ~n~t~al term of one (1) year from such date (hereinafter "lmt~al Term") 2 Automatic Renewal Upon expiration of the In,hal Term, th~s Agreement shall be automatically extended on a month-to-month bas~s (hereinafter "Renewal Term") unless s~xty (60) days prior to the expiration date of the Imtial Term, or any Renewal Term, a party hereto g~ves written notice to the other party of ~ts termination of the Agreement as of such exp~rabon date 3 Maintenance Service Upon payment of the fees hsted m the Quotabon ~ncorporated ~nto the Software L~cense Agreement as Attachment "B" (hereinafter "Quotation"), VlSIONAIR shall use commercially reasonable efforts to prowde Maintenance Service for the term of th~s Agreement The term "Maintenance Service" as used here~n means Covered Maintenance and B~llable Call Maintenance as hereinafter defined 4 Covered Maintenance The term "Covered Maintenance" as used here~n means the periodic and on-call remedial maintenance VlSIONAIR deems reasonably appropriate and necessary to keep the apphcatmn software funcbon~ng properly Covered Maintenance shall Include (a) Unhm~ted Telephone Support for the L~censed Software, ubhz~ng an 800 hne prowded by VlSlONAIR Dunng the Imt~al Term, this telephone support w~ll be available dunng the hours specified ~n the Quote (b) Initial fact-finding (T~er 1) support for 3rd party software embedded or used ~n conjunction w~th the apphcat~on software (c) Correct~on of documented malfunctions ("bugs") in the apphcat~on software (d) Assistance in ~nstalhng updates and new releases of the Lmensed Software on the CUSTOMER's servers (e) Processing CUSTOMER's request for changes to the Software A VlSIONAIR Product Manager w~ll define the CUSTOMER's request and submit ~t for consideration m future releases of the Software (f) Support to CUSTOMER wh~le CUSTOMER ~s backing up ~ts data Telephone support personnel ars available to answer questions related to the Software and to provide remedies for "bugs" or defects w~th~n the Software When necessary, CUSTOMER w~ll prowde access to ~ts network ~n order for to prewde remote d~agnost~c services and to take correct,ye actions CUSTOMER w~ll make available a dedmated telephone hne and modem for use by VlSIONAIR support If the problem cannot be resolved remotely, VISIONAIR w~ll, ~f deemed necessary, come to CUSTOMER's s~te to correct the problem and restore the L~censed Software to ~ts normal funct~omng state 5 B~llable Call Maintenance The term "B~llable Call Maintenance" as used herein means services provided by VlSIONAIR that are not covered under Covered Maintenance The rate for th~s service shall be $75 00 per hour (the "B~llable Call Rate") Hours expended may not exceed 8 hours w~thout written authorization by CUSTOMER 6 Exclusions from Covered Maintenance Covered Maintenance does not ~nclude (a) Repair of damage not caused by VlSIONAIR, ~nclud~ng w~thout hm~tat~on, damage resulting from accident, transportabon, neglect or misuse, hghtmng, failure or fluctuation of electrical power, a~r cond~t~omng or humidity control, telephone equipment or communication hnes failure, fa~lurs of foreign ~nterconnect equipment, or causes other than normal operation procedures (b) Service which ~s ~mpractmal for VlSIONAIR to render because of alterations ~n the L~censed Software made by persons other than VI$1ONAIR w~thout rece~wng VlSlONAIR'a prior wntten approval, the connection of equipment and/or Software by mechanical or electrical means to another machine or dewce, or the physical ~naccess~b~hty of the equipment or Software (c) Any repair of any damage to the L~censed Software caused by software or firmware programming that ~s not prowded or supported by VISlONAIR under section 5 7 Enhancements & Up.qrade Support Covered Maintenance shall ~nclude standard upgrades and enhancements that are made to the L~censed Software VlSIONAIR issues corrections, upgrades and enhancements to the software on an ongoing bas~s VISIONAIR w~ll use commercially reasonable efforts to update the L~censed Software as necessary to stay compliant w~th State and FederaI requirements for cnme reporbng and reformation access All modifications to the L~censpd Software and related Docur!nentation w~ll be sent to the customer on startdard electromc med~a (CD ROM) and/or be ~nstalled as an executable ubl~z~ng the PAS connecbon 8 CherResto Customers (a) Charges for Covered Maintenance The applicable rates for Covered Maintenance are set forth ~n the Quotation (Attachment "B" to the Software L~cense Agreement) (b) Charges for Billable Call Maintenance The hourly rate ~s as prowded ~n Section 5 (c) Charges for Travel Upon pnor wntten authonzabon, CUSTOMER shall pay for travel time and travel expense ~n connection w~th B~llable ~Call Maintenance Travel t~me w~ll be charged to the CUSTOMER at the B~llable Call Rate Travel expense w~ll be charged as ~ncurred and ~ncludes tolls, parking and other out-of-pocket costs plus m~leage at the then current rates There w~ll be no additional chal~ge to the CUSTOMER for travel expense ~ncurred ~n connection w~th Covered Maintenance (d) Charge for Software L~cense Changes All Covered Maintenance fees hereunder are subJeCt to ~ncrease or decrease upon any change in number of concurrent user hcenses or software modules I~censed 9 Chenoes in Charees At least 120 days prior to the exp~rabon of the Imt~al Term or any Renewal Term, VlSIONAIR may make changes to the Covered Maintenance fees and the Billable Call Rate, such changes to be effective at the commencement of the ~mmed~ately subsequent Renewal Term, ~f any CUSTOMER may terminate th~s Agreement w~th~n s~xty (60) days after receipt of the first ~nvo~ce w~th changed charges by g~vtng VISlONAIR s~xty (60) days written not,ce of ~ts ~ntenbon to terminate, and th~s agreement w~ll terminate as of the date for termination set forth ~n the CUSTOMER's notice to VlSlONAIR or at the end of such s~xty (60) day period, whichever last occurs 10 Payment VlSlONAIR w~ll ~nvmce the CUSTOMER ~n advance for each term, In,hal or Renewal, for Covered Maintenance Such ~nvo~¢es w~ll ~nclude pre rata charges or credits for any Covered Maintenance of L~censed Software ~nstalled or removed dunng the prewous term or prior to the Effective Date V!SIONAIR w~ll invoice CUSTOMER for Billable Call Maintenance as ~ncurred and CUSTOMER shall pay ~nvo~ces for Covered Maintenance, ~ncluding any ~nvolces outstanding om the Effecbve Date of th~s Agreement, on or prior to the commencement of each term 11 D~sclalmer of Warranty The warrant~es applicable to th~s Software Services Agreement are those contained w~thin the Software L~cense Agreement of which th~s attachment ~s a part 12 L m~taflon of L~ab~l~tv The part,es agree that the hm~tabons of I~ab~hty applicable to th~s Software Services Agreement are those conta ,ned w th n the Software L~cense Agreement of which th~s attachment ~s a part 13 Hardware and Network UDc~rades CUSTOMER acknowledges that due to the dynam~c nature of the ~nformaflon technology ~ndustry and frequent product replacements and/or upgrades developed ~ndependently by third party hardware and software vendors, VISlONAIR has no control over ~he turnover of product or obsolescence of technology of third party products CUSTOMER also acknowledges that VlSIONAIR develops ~ts Network Hardware Specification Document based upon all of the third party product ~nformaflon available to ~t, Therefore, with respect to third party hardware and software, CUSTOMER shall retain the respons~b~hty for the costs of purchase and ~nstallabon of hardware and software upgrades necessary to maintain the funchonahty of the L~censed Software Additionally, the accumulatmn of storage of records in CUSTOMER's database over an extended period of heavy use may require expanding the capacity and memory of the operat~rlg system ~n order to maintain performance at response t~mes acceptable to the CUSTOMER SubJect to all of the affirmative duties and obhgatlons of VISIONAIR under th~s Software Maintenance Agreement, ~t ~s the CUSTOMER's responsibility to maintain the operating system to ensure adequate response bmes Provided that VlSlONAIR w~ll maintain ~ts L~censed Software to use the most currently released version (s) of M~crosoft operating systems and database software designed to funcbon on Chant-Server architecture 14 Force Majeure Neither party shall be hable or deemed ~n default for any failure ~n performance hereunder resulting from any cause beyond ~ts reasonable control 15 Termination for Non-oavment If CUSTOMER ~s ~n default due to non-payment, and after VlSIONAIR has g~ven CUSTOMER wntten notice and such default ~s not cured after 15 days then VlSIONAIR may terminate this agreement at any time upon written notice to CUSTOMER 16 Not~ces Any Not,ce, request, ~nstruct~on or other document pertaining to th~s Agreement shall be sent to the appropnate party's address as set forth above, and shall be deemed to have been duly g~ven or served if dehvered ~n person or deposited ~n the Un,ted States ma~l, cerbfied ma~l, return receipt requested 17 General Th~s Agreement shall be governed by the laws of the State of Texas Th~s Agreement constitutes the entire agreement between the part,es hereto w~th respect to maintenance of the L~censed Software and shall supersede all prewous or contemporaneous negot~atmns, commitments and wnt~ngs w~th respect to matters set forth harem It may be only modified by writing s~gned by authorized representabves of both part,es The terms and prov~s~ons of th~s Agreement shall prevail over any confhcting, additional or other terms appeanng on any purchase order submitted by the CUSTOMER at any t~me VlSIONAIR, INC CITY OF DENTON Signature ~'~'~'<~"~ t ~ ~//' Signature Name R~chard J Holloman Name, M~chaelW Jez T~tle President T~tle C~t¥ Mana,qer Date i~.j ILl 1.~ Date July 10, 2000 Revas~on # 9 Attachment "E" Network Hardware Specifications VISION SOFTWARE NT NETWORK REQUIREMENTS The following gu~dehnes are designed to set up successful NT networks There are w~de vanabons and types of network designs Of these, V~slon Software (VSI) w~ll support the following network configurations 1 Enterprise Networks The Vision Pubhc Safety State is designed to function ~n a multi-server env~renment commonly called an Enterprise Network Th~s Network consists of the following servere · PrlmaryDomaln Controller: Secunty manager for the network Single point of management for users, groups and access rights · Backup Doma,n Controller: (optional) Backup security manager for the network Seagate Backup Software (opbonal) Backup Tape Drive Dewce (optional) · SQL Server CAD Database Engine/Apphcabon Server for VSI CAD · SQL Server RMS/JAIL Database Engine/Application Server for VSI RMS/JAIL · Vision Message Switch Commumcatlons ~nterface to Mobile or NCIC/State inter[ace Supports VSI CAD, VSI MOBILE, VSI RMS inter[aces to other data systems · Vision GEO Server Geographic (mapping) Server · SQLServer FIRE Database Eng~ne/Apphcat~on Server for VSI RMS/JAIL · Exchange Server Ma~l (Ematl) Page- I July 10, 2000 Revision # 9 RECOMMENDATIONS FOR NETWORKS USING VS[ APPLICATIONS *** M~cr0soft Hardware Compabbility List (HCL) Hardware for ALL SERVERS and CLIENTS must be on the Microsoft Hardware Compatib~hty List (HCL) If the customer ~s procuring servers d~rectly, and has acquired hardware that does not match the HCL, VSI cannot guarantee the performance of VSI apphcatlons Network Security VSI Apphcabon servers can be added to an ex,sting Window NT security dommn without d~fficulty The customer ~s responsible for management of the security dommn A Primary Domain Controller (PDC) ~s highly recommended for security management ~ · The Network supports more than ten users, OR · The Network ~ncludes two or more servers A Backup Domain Controller is highly recommended ~fthe customer ~s using a Pnmary Domain Controller It Is not required, but ~f the PDC ~s down, the network secunty system ~s also not functional Lim~tabons on Servers running VSI Apphcat~ons VSl does not approve of other server services operabng on the Server supporting the VSI Application This requirement ~s reiterated ~n the VSI Hardware Configurabon Grade If the customer needs addlbonal server services, an add~bonal server must be added to the Network If the Customer fa~ls to heed th~s requirement, VSI w~ll not guarantee apphcabon performance ~n any way Hardware Requirements and Su,q.qest~ons All SQL servers must have at least two hard dnves and at least a dual channel SCSII controller The pnmary hard dnve (the larger of the two drives, if they ara not the same s~ze) and one SCSII control channel w~ll be used for the NT Operating System, SQL Server, Page F~le and data files for CAD or RMS apphcabons The secondary hard dnve and the other SCSII control channel will be used for the SQL Server transaction leg The recommended file system ~s NTFS for all servers and chents When using a fault tolerant (h~gh ava~lablhty or clustered) server system, two network cards are required ~n each server W~th separate IP scheme and W~ns d~sable on the second NIC The preferred network backbone structure ~s a 100MB/TX or greater Switched Network A Work Group using a 100MBFFX hub can be set up off the switched backbone The customer is responsible for Instalhng the Network The Network must be cerbfled in accordance w~th T568B standards VSI must have a copy of the Network Cerbficabon report, which states that the Customer's network meets or exceeds this standard If the Page - 2 July 10, 2000 Rcvlslon # 9 structure is not certified and V~s~on Software ~ncurs costs evaluating the network, the customer w~ll be b~lled for bme and matenals for this add~bonal unplanned work The customer ~s responsible for any connections to third party equipment such as ANI/ALI controllers A techmc~an from the third party vendor (or agency) must be on-s~te when the VSI apphcabon software Is loaded on the Customer's Network Th~s is to ensure that connectivity between w~th the VSI apphcabon server and the third party data system ~s correctly installed The customer is responsible for ensunng that each network server and client has an adequate power supply Adequate Un-lnterrupbble Power Supply (UPS) systems to prowde backup power to the network (servers and CAD chents, in particular) are highly recommended Opbonal Server Requirements SMS (Systems Mana,qement System) · SMS Is hil:lhl¥ recommended for networks w~th 25 or more chents as ~t s~gn~flcantly reduces system adm~mstrabon workload · Trmmng and appropnate setup bme ~s required to implement SMS · If SMS is used, ~t will reside on the Pnmary Dommn Controller (PDC - the secunty server) No other server services should reside on the PDC · VSI can prowde network system management remotely To do so, the contract between VSI and the Customer must ~nclude specific terms for th~s service · Also, m order for VSI to prowde this service, the customer must have 1 SMS (Systems Management System) ~mplemented on the network 2 Have at least a 56k Modem or an ISDN hne/Modem to allow for remote system management Have W~ndows NT Server, Terminal Server Addition, OR NetOp Remote Control software (CrossTec Corp ) Exchan.qe If the customer ~s using or plans to use Exchange, Exchange requires a dedicated server SNA If an SNA server ~s reqmred, SNA can reside on the VSI Message Sw~tch server or a server dedicated for SNA Backups & RAS services. · These services w~ll reside on the Backup Domain Controller (BDC) or the Systems Adm~mstrator's workstation · Depending on the type of backup device used (tape dnve, etc ), a dedmated SCSll controller should be installed for better performance Page - 3 July 10, 2000 Rews~on # 9 If used, "open file" backup apphcat~ons should reside on all servers · PAS-Modem connecbv~ty should also be part of the Backup Domain Controller (BDC) or the Systems Administrator's workstabon using a 56K Modem or an ISDN line/Modem · If using some form of Clustenng the Connection Manager for CAD must be ~nstalled on the BDC · Please check with your Salesperson or Project Manager for the correct version of SQL Approved Software, Operating System, and Service Pack (SP) Workstation W~ndows NT Workstabon 4 0 w~th SP 6a Vis~o 5 0 (for on-hne sketching) Snappy 3 0 (for Image transfer) Servers W~ndows NT Server 4 0 w~th SP 6a W~ndows NT Server, Terminal Server Add~bon 4 0 with SP 5 · C~tnx MetaFrame 1 8 W~ndows NT SQL Server (check w~th your Salesperson or Project Manager for the correct version) SMS 2 0 NetOp 6 0 (Host) V~nca Co-Standby for NT 4 2(for Clustered Servers) Exchange 5 5 Bar Coding Equipment American M~crosystem 800 648 4452 WWW BARCODEPOWER COM Portable Data Terminal M3KY1-LAS-PS0010 Autosense ACC-0100 Case & Belt Strap CAS-3000-B Cable Shunt CBL-3015 Bar Code Pnnter (pnnts only bar code) Intermec Corp WWW INTERMEC COM Model # 3400 D Page - 4 Suly 10, 2000 SETUP STANDARDS FOR SER~/ERS AND WORKSTATION Primary Domain Controller Hardware Optimal (see hardware requirements document) NT Server NT Server 4 0 w/Service Pack 6a SMS / SQL Server (BackOffice) (optional) NT Resource Kit 2 Name = "Agency Name"_ PDC Domain = Agency supplied File System = NTFS Services Computer Browser (Default) NetB~os Interface (Default) RPC Configuration (Default) Server (Default) Microsoft DHCP Server (Note Split range w~th BDC So range would be %150 and exclude 1-50 as stabc addresses /Uso set lease to 30 days Note Enable Maximize throughput for network applicabons (Server service) W~ndows Internet Naming Service (Primary WINS server, push pull partnership w~th BDC) Protocol Microsoft TCP/IP Note Must be a stabc TCP/IP number on servers Backup Domain Controller Hardware Opbmal (see hardware requirements document) NT 4.0 Server NT Server 4 0 w/Service Pack 6a NT Server, Terminal Server edflion 4 0 w/Service Pack 5 (optional) Name = "Agency Name"_ BDC Domain = Whatever the PDC ~s set to File System = NTFS Services Default Services Plus PAS M~crosoft DHCP Server (Backup) (Note Spht range with PDC So range would be 150-254 /Uso set lease to 30 days Note Enable Maximize throughput for network apphcabons (Server service) Windows Intemet Naming Service (Backup push pull partner wflh PDC) Protocol M~crosoft TCP/IP Note Must be a static TCP/IP number Page- 5 July 10, 2000 Rews~on # 9 SQL Server CAD or RMS Hardware Optimal (see hardware requirements document) NT 4 0 Server NT Server 4 0 w/Service Pack 6a MS SQL Server Name ="Agency Name"_ CAD or "Agency Name"_ RMS Domain = Whatever the PDC is set to File System = NTFS Services Default Services Plus Note Enable Maximize throughput for network applications (Server service) Software SQL Installed according to VSI Documentation Vlnca installed according to VSI Documentabon Protocol M;crosoff TCP/IP Note Must be a static TCP/IP number Message Switch Hardware Optimal (see hardware requirements document) NT 4 0 Server NT Server 4 0 w/Service Pack 6a Name ="Agency Name"_ MSG Domain = Whatever the PDC is set to File System = NTFS Services Default Services Plus Note Enable Maximize throughput for network appl~cabons (Server service) Protocol Microsoft TCP/IP Note Must be a stabc TCP/IP number Page- 6 July 10, 2000 Revision # 9 CAD Workstation Hardware Optimal (see hardware requirements document) WInNT Workstatton NT workstation 4 0 w/Service Pack 6a Name = CAD_I etc Domain = Whatever the PDC is set to File System = NTFS Software Vlsio BackOffice Client CAD client installed according to VSI Documentabon Protocol Microsoft TCP/IP Note must be a stailc TCP/IP number CAD Fax Server Hardware Optimal (see hardware requirements document) Note must be external Modem (DIglBoard are not allowed) WinNT Workstation NT workstation 4 0 w/Service Pack 6a Name = CAD_I etc Domain = Whatever the PDC is set to File System = NTFS Software Visio BackOffice Client CAD client installed according to VSI Documentation Protocol Microsoft TCP/IP Note must be a static TCPFIP number RMS Workstation Hardware Optimal (see hardware requirements document) WinNT Workstatton NT workstabon 4 0 w/Service Pack 6a Name = RMS_I etc Domain = Whatever the PDC ~s set to Page - 7 Suly 10, 2000 Revision # 9 F~le System = NTFS Software Visio BackOffice Client RMS Client installed according to VSI Documentat~en Protocol Microsoft TCP/IP Note Must be set for DHCP Administrators Workstation 0f No BDC) Hardware Optimal (see hardware requirements document) WInNT Workstation NT workstation 4 0 w/Service Pack 6a Name = Admln Domain = Whatever the PDC ~s set to File System = NTFS Software Visio BackOffice Client CAD client Installed according to VSI Documentabon Services Default plus following Net Monitoring agent (This service ~s on the SMS CD, which ~s part of BackOffice) RAS Jet Direct ~f used Protocol Microsoft TCP/IP Note Must be set for DHCP Backup Depending on the type of backup device, a SCSII controller and hard drive are recommended for th~s client Page- 8 July 10, 2000 Rews~on # 9 PRE-INSTALLATION NETWORK~HARDWARE CHECK LIST Network Backbone ~> Depending on type of network > 100MB TX > CAT5 w~red in T568B standards, Plenum or Non-Plenum depending on local building codes ~' CAT5 Shielded/Grounded in all commumcabons faclht~es, T568B standards > Provide Vision Software w~th "Certification" results of ~nstalled and tested cable If Cerbficabon ~s not prowded, VSl will install network as "10BT, 10 megabyte per second standards" Vision Software can provide certification of ex~stmg cable on a t~me and material basis Rates are based at $125hr labor plus matenals for a two-man team plus travel and per-d~em for certification only > 10Base "T" ~' CAT3, 4 or 5 Plenum or Non-Plenum depending on local building codes wired ~n a standard "10BT" configurabon Th~s will only support 10 megabyte per second standards Server Room > Sufficient power requirements to support > UPS/Battery backup(s) )' Su;;aested: Generator power for equipment rack(s) ~n case of power failure, or large enough UPS battery backups to keep equipment powered for 15 m~nutes for proper shut down > Servers ~. Momtors ~. Hubs / Routers / Switching equipment > Modems & d~al ~n eqmpment > Sufficmnt outlets > (1) 110 three prong per p~ece of equipment > Equipment Rack(s) > Standard 19"w x 7' tall > 19" x 24" foot pnnt, per rack > (4) Computers per Page- 9 July 10, 2000 Rewsaon # 9 ANI/ALI Requirements ~ Sufficient Documentabon ~* Make and Model of equipment ~ Is there an RS232 port to output ALI to CAD system? ~ Customer (or Telco company) to supply ALI layout in pnnted format, field layouts and spacing reequ~rements to produce a functional database for CAD system ~ Requirements for RS232 communlcabons: ~' DCE or DTE c~rcu~t ~ 9p~n RS232 Female (wslon end of cable) ~* pros 1-(Frame GND) 2-(TX) 3-(RX) 5-(GND) ~ Handshak~ng must be satisfied by ANI/^LI vendor's equipment VIs~on Software w~ll prowde an ACK character for each HEARTBEAT suppl~ed, and ACK character for each ETX character received NClC Connectivity ~ Provide Contact and ~nformabon for ~ State NClC computer ~nformabon ~ Type of Protocol ubl~zed ~n the state examples are ~ TCP/IP ~ LU6 2 ~ LU2 ~ Polling BI-Sync ~ SNA 3270 ~ Locations of all terminal emulabon's Pre-installation Computer / Printer storage ~ Customerw~ll insure ~* Sufficient on-s~te storage of all hardware prior to ~nstallat~on Computer ! Printer Placement ~ Customerw~ll ~nsure ~ Sufficient power requirements are met for each Iocabon of a computer system ~ Power outlets or power stnp Is prowded ~. Desks are removed of obstacles to place equipment ~ Pnnter work areas are removed of obstacles to place equipment ~ Network Cable w~th~n reasonable d~stance Trash ~ Customerw~ll insure ~* Temporary placement of broken down boxes and Styrofoam dunng ~nstallabon Trash receptacle/b~n for final removal Page-lO July 10, 2000 Rews~on # 9 Optimum Hardware Specifications Primary Domain Controller w/SMS: (2) Intel Pro NIC, 1 44 Floppy Drive, MS Mouse, KeyboarddCD-ROM Dr~ve NT BackOffice Server Software w/SP6a, NT Resource K~t 1 - 50 users Pill 500 - 512kb Cache, 256mb Ram (2) 9gb SCSI HD (Raid1) HSwap SCSI Raid Controller- 16MB Cache 50 - 500 Users (2) PIll 500- 1mb Cache, 512mb Ram (3) 9gb SCSI HD (Raid5) HSwap SCSI Raid Controller- 32MB Cache Cluster DUal Intel Pro NIC's 500 + Users (2) PIll 5g0- 1mb Cache, lgb Ram (2) 9gb SCSI HD (Raid1) HBwap (3) 9gb SCSI HD (Ra~dS) HSwap Dual SCSI Raid Controller- 64MB Cache Cluster Dual intel Pro NIC's Backup Domain Controller w/TS (2) Intel Pro 10/100mb NIC, 1 44 Floppy Drive, MS Mouse, Keyboard, CD-ROM Drive, (ext) 56k Modem Tape Backup Dnve w/SCSI Adapter Cable, NT Terminal Server w/SP5 and C~tr~x MetaFrame I 8 Ventas Backup Exec NT/2000 (Opbonal Mulh_Server) (Option Packs SQL Server Agent (1 per SQL license) and Open F~le Manager Agent (1 per Server)) Note: The Ibelow machines are listed as Dual and Quad processor if you are running all the above on the machines 1-5 users (2) PIll 500 - 512kb Cache, 512mb Ram (2) 9gb SCSI HD (Raid1) HSwap SCSI Ra~d Controller- 16MB Cache 5-10 users (2) PIll 500 - 1mb Cache, lgb Ram (3) 9gb SCSI HD (Raid5) HSwap SCSI Ra~d Controller - 32MB Cache Cluster Dual Intel Pro NIC's '10-25 users (4) PIll 500 - 1mb Cache, 2gb Ram (2) 9gb sCSI HD (Ra~dl) HSwap (3) 9gb sCSI HD (Raid 5) HSwap Dual SCSI Ra~d Controller - 64MB Cache Cluster Dual Intel Pro NIC's * Notes Exchangel Server should now be on it's own Hardware Server Page- I1 July 10, 2000 Rews~on #'9 CAD Servers (2) Intel Pro NIC, 1 44 Floppy Drive, MS Mouse, Keyboard, CD-ROM Dnve Crossover Cable, NT Server w/SP6a, MS SQL Server V~nca Co-Standby for NT V4 2 Note Only one NIC la needed If you are not clustering the machines 1-5 Users (2) PIll 500 - 1mb Cache, 512mb Ram (2) 9gb SCSI HD (Raid1) Hswap (OS) 9gb SCSI HD (Tlog), 9gb SCSI HD (Data) Dual Channel SCSI Raid Controller - 32mb Cache SCSI Controller- 16MS Cache 5-20 Usem (2) PIll 500- 1mb Cache, lgb Ram (2) 9gb SCSI HD (Ra~dl) Hswap (OS) 9gb SCSI HD (Tlog), (3) 9gb SCSI HD (Raid5) Hswap (Data) Dual Channel SCSI Raid Controller - 64mb Cache SCSI Controller- 16MS Cache Cluster Dual Intel Pro NIC's 20-50 Users (2) PIll 500 - 1mb Cache, lgb Ram (2) 9gb SCSI HD (Ra~dl) Hswap (OS) (2) 9gb SCSI HD (Raid1) Hswap (Tlog) (3) 9gb SCSI HD (Raid5) Hswap (Data) Dual Channel SCSI Ra~d Controller - 64mb Cache SCSI Ra~d Controller - 32MB Cache Cluster Dual Intel Pro NIC's Page-12 July 10, 2000 Rewsxon # 9 RMS / Fire/Jail Servers (2) Intel Pro NIC, I 44 Floppy Drive, MS Mouse, Keyboard, CD-ROM Drive Crossover Cable. NT Server w/SP6a, MS SQL Server V~nca Co-Standby for NT V4 2 Note Only one NIC Is needed If you are not clustering the machines 1-5 Usem (2) PIll 500- 1mb Cache, 512mb Ram (2) 9gb SCSI HD (Raid1) Hswap (OS) 9gb SCSI HD (Tlog), 9gb SCSI HD (Data) Dual Channel SCSI Raid Controller - 32mb Cache SCSI Controller- 16MB Cache 5-40 Users (2) PIll 500 - 1mb Cache, lgb Ram (2) 9gb SCSI HD (Raid1) Hswap (OS) 9gb SCSI HD (Tlog), (3) 9gb SCSI HD (Ra~d5) Hswap (Data) Dual Channel SCSI Raid Controller - 64mb Cache SCSI Controller- 16MB Cache Cluster Dual Intel Pro NIC's 40-100 Users (2) PIll 500 - 1mb Cache, lgb Ram (2) 9gb SCSI HD (Raid1) Hswap (OS) (2) 9gb SCSI HD (Raid1) Hswap (Tlog) (3) 9gb SCSI HD (Raid5) Hswap (Data) Dual Channel SCSI Raid Controller - 64mb Cache SCSI Ra~d Controller - 32MB Cache Cluster Dual Intel Pro NIC's Page- 13 July 10, 2000 Rews~on # 9 MSG Switch I SNA Server (2) Intel Pro NIC, 1 44 Floppy Drive, MS Mouse, Keyboard, CD-ROM Drive (1) M~crogate SDLC card if SNA ~s ~nstalled NT Server w/SP6a Pill 500 - 512kb cache 512mb Ram (2) 9gb SCSI HD (Ra~dl) Hswap SCSI Raid Controller- 16MB Cache CAD Workstations PIll 500 - 256kb cache, 128mb Ram *** if state Interfaces or 3rd party client software Is to be installed then more memory Is required 4gb IDE or SCSI HD Dual 17' Momtors Dual V~deo Graphics card NT Workstation w/SP6a Intel Pro NIC NT Server Access License or BackOffice Cai RMS/Fire/Jail Workstations PUl 500 - 256kb cache, 64mb Ram (128mb Ram ~f using for Imaging/Scanmng or Bar-coding) If state Interfaoee or 3 party client software Is to be installed then more memory Is requlred 4gb IDE or SCSI HD 15" Monitors NT Workstation w/SP6a intel Pro NIC NT Server Access L~cense or BackOffice Cai V~sio V5 Mobile laptops PI1300 64rnb Ram *** If 3rd party client software Is to be Installed then more memory Is required 4gb HD NT Workstation w/SP6a NT Server Access License or BackOffica Cai All Printers LaserJet supporting PCL 4 and/or 5 Note Please make sure you have purchased or have a Hardware Vendor that can supply you will backup items incase of emergency. This would include items like keyboards, hub/swltoh etc. Page- 14 Optamized System Specs for City of Denton Publk Safety PDC and BDC 1 44 Floppy Drive, MS Mouse, Keyboard, CD-ROM Drive W~ndows NT Server w/SP6a, NT Resource I~ht · Rack mounted · Redundant power supplies · Dual PIII Xeon 550 MHz+ o 1 MB or 2 MB L2 cache · 1 GB SDRAM · Dual channel SCSI RAID controller - 64+ MB cache o Two 18 GB disks on first channel in RAID1 array · OS o Two 18 GB disks on second channel ~n RAID1 array · Paging file o One Online hotspare · Drive cage wath two backplanes for support of dual channel RAID controller · Dual NICs (that support NIC load balancing - such as Intel 82559+) Add~tionally for BDC · 56k Modem (for V~slonAlr remote dml m support) · Ventas Backup Exec 8 x (Optional Multi_Server) o Option Packs SQL Server Agent (1 per SQL license to be backed up) and Open File Manager Agent (1 per Server to be backed up) Terminal Server 1 44 Floppy Drive, MS Mouse, Keyboard, CD-ROM Drive Tape Backup Drive w/SCSI Adapter Cable, NT Terminal Server w/SP5 and Cltrm MetaFrame 1 8 · Rack mounted · Redundant power supphes · Quad PIII Xeon 550 MHz+ o 1 MB or2 MB L2 cache · 4 GB SDRAM · Dual channel SCSI RAID controller - 128+ MB cache o Four 18 GB disks on first channel in RAID1 array · OS o Two 18 GB disks on second channel in RAID1 array · Paging file o One Online hotspare · Drive cage with two backplanes for support of dual channel RAID controller · Dual NICs (that support NIC load balancing - such as Intel 82559+) Message Switch 1 44 Floppy Drive, MS Mouse, Keyboard, CD-ROM Drive Windows NT Server w/SP6a, NT Resource K~t, Mmrosoft SNA Server · Only one of the below ns needed when runmng SNA for the State Interface o Serenget~ Sync+/AT SDLC Adapter for MS SNA 1-512-345-2211 o Mmro(}ate SDLC for MS SNA 1-512-343-9046 Part # 172113 · Rack mounted · Redundant power supphes · Dual PIII Xeon 550 MHz+ o 1 MB or 2 MB L2 cache · 512 MBSDRAM · Dual channel SCSI RAID controller - 64+ MB cache o Two 18 GB thsks onfirst channel ~nRAID1 array · OS o Two 18 GB d~sks on second channel m RAID1 array · Paging file o One Onhne hotspare · Drive cage w~th two baekplanes for support of dual channel RAID controller · Dual NICs (that support NIC load balancing - such as Intel 82559+) Inform Intranet IIS (Web) Server 1 44 Floppy Drive, MS Mouse, Keyboard, CD-ROM Drive W~ndows NT Server w/SP6a, NT Resource Ydt, liS 4 0 · Rack mounted · Redundant power supphes · Dual PIII Xeon 550 MHz+ o 1 MB or 2 MB L2 cache · 512 MB SDRAM · Dual channel SCSI RAID controller - 64+ MB cache o Two 18 GB d~sks on first channel m RAID1 array · OS o Two 18 GB d~sks on second channel m RAID1 array · Paging file o One Onhne hotspare · Drive cage w~th two baekplanes for support of dual channel RAID controller · Dual NICs (that support NIC load balancing - such as Intel 82559+) Warm Spare Server 1 44 Floppy Drive, MS Mouse, Keyboard, CD-ROM Drive W~ndows NT Server w/SP6a, NT Resource K~t · Rack mounted · Redundant power supphes · Dual PIII Xeon 550 MHz+ o 1 MB or 2 MB L2 cache · 1 OB SDRAM · Dual channel SCSI RAID controller- 64+ MB cache o Two 18 GB disks on first channel m RAID1 array · OS and paging file o Two 36 OB disks on second channel in RAID 1 array · SQL and Vision database files o Two 18 GB disks on second channel m RAID1 array · Transaction log files o One Online hotspare · Drive cage with two backplanes for support of dual channel RAID controller · Dual NICs (that support NIC load balancing - such as Intel 82559+) VlslonCAD and VlsionRMS Servers Note. You will need two VislonCAD Servers and two VisionRMS Servers 1 44 Floppy Drive, MS Mouse, Keyboard, CD-ROM Drive Windows NT Server w/SP6a, NT Resource Ydt, MS SQL Server 7 0, Legato Co-Standby Server 4 3 (V~nca) · Rack mounted · Redundant power supplies · Quad PIII Xeon 550 MHz+ o 1 MB or 2 MB L2 cache · 4 GB SDRAM · Dual channel SCSI RAID controller - 128+ MB cache o Four 18 GB disks on first channel m RAID1 array · OS o Two 18 GB d~sks on second channel in RAID1 array · Paging file o One Onhne hotspare · Drive cage with two backplanes for support of dual channel RAID controller · Dual NICs (that support NIC load balancing - such as Intel 82559+) · Additional NIC (for cluster heartbeat connection) · Crossover cable (for cluster heartbeat connection) · Fibre channel controller (for connection to shared storage fibre devine) Fibre Channel Shared Storage Device (external storage) Note: You need two of these main devices - one for the RMS cluster and one for the CAD cluster. Plus you will probably need two expansion devices - one per main device (for addmonal storage space because main devices typically only hold 10 - 12 disks). Note Th~s dewce must support a configuration in which two Servers can actively share the storage simultaneously~ (1 e Dell PowerVault 650F) · Redundancy throughout 0 e dual power supphes, dual Procs, dual bus - s~mllar to Dell PowerVault 650F) · Rack mounted · Dual Processor or dual channel that can support or expand to 15 d~sks or more 0 e Dell Powervault 630F) - 256+ MB cache o S~x 18 GB dasks on first processor or channel ~n RAID 0+l array · SQL and V~saon database files o Four 18 GB dasks on second processor or channel m RAID 0+l array · Transaction log files o Four 18 GB d~sks on second processor or channel in RAID 0+l array · Tempdb o One 18 GB onhne hot spare (per enclosure, or device) o Note add add~tlonal chsks, an pints, to each RAID array for multiplied read/write performance An Ideal disk subsystem configuration for two clustered ¥1slonRMS or ¥1alonCAD servers option # 1, beat performance/fault tolerance iIlI IIII by ChrlsWebI Server Coflguratlon Pnmary~'Server, - t~o servers actively Clustered using Server Vlnca or Microsoft Cluster Server - appropnete RAM end CPU (s) Shared External Storage fibre or SCSI Server's External storage Internal d~sk device's d~sk subsystem subsystem Controller Partition and/ or Channel # Note The shaded boxes labeled w~th a number represent d ~'fere nt partitions ideally, they would als0 represent separate channels and for best performano~ separate controllers RAID 1 RAID 1 OS and Pageflle SQL D \ drive application C \ drive RAID 1/0 RAID 1/0 RAID 1/0 Database Transaction Tempdb files Logs G \ drive Objective Thru configuration maximizes the E \ drive F \ drive performance, longevity and redundancy ef the disk subsystem m the follow3ng ways Pros 1 fastest performance 1 spreading critical components of ID out on 2 highly faulttolerant thmr own physmal disk controllers and/or 3 Simple design channeb o! a contlolIer 4 More flexlbdlty 2 adding more dmks to an array increases the potential number of d~sk reads and writes (10) monitoring and resource per second allocation 3 RAID 1 provides maximum redundancy of all cons RAID configurahone 4 RAID 1/0 prowde maximum redundancy 1 Most expensive combined with best IO performance VISION RMS: MASTER NAME HISTORICAL SUMMARY (MNHS) METHODOLOGY I/lston/llR~ INC. Attachment F VISION RMS Master Name Historical Summary (MNHSJ Methodolom, Vlsion~R Inc. 10/10/99 I Introduction V~ston~IR has developed a technology that incorporates eust0mer legacy data rote V~sionRMS m a way that retains its lustoncal accuracy wlule ensuring the integrity of the VlslonRMS Records Management System. I/tston~IR's Data Transfer Serwces Dcpar~aant, VlslonDTS, provides the customer vnth a snapshot of nnsslon critical data from tha~r previous system so that tlus system may be removed from service whale allowing for the data to be referenced on a day by day basis for as long as necessary Vision's methodology is to take the exaslmg legacy data that has been mapped rote a set of pre-defined table structures and load it rote a self-contained SQL-aware database External access to tins data is provided for basic searches and ganenc reporting using either Yts~on,41R supplied tools or commercial off thc shelf software 'Historical Data' consists of a variety of attnbutes pertammg~to specific lnstoneal events such as arrests, cltanons, warrants, incidents, offenses, etc, wluch are associated voth a name ent~t~ In a sumlar manner, nsrrat~ves and unages may also be included and associated w~th name and summary records Historical data can be searched from vothm VlslonRMS by any of the data fields and nanmt~ve text Cns~mers are responsible for mapping theu' data to the specific table layouts prowdad m Section III (HlstormalTableStructures)oftlnsdocumant In the case of cnstomers that are nugratmg from Vlslan's DOS version of RMS, tlns mapping has already been done All that is requtred is the dehvery of the DOS data fdes to VnaonDTS VlsionDTS wall then take the lnstoncal data, respect it for vahthW, organic the data, create the appropriate database wltlun indexed, normahzed data tables, and return the data, w~th appropriate utility programs, to the customer If, for whatever reason the events m the Summary tables are not properly related to the names m the Name tables, or if the customer is unable to create the appropriate data files to prowda to t/tston~IR, V~stonA1R, may, for appropriate fees, be able to assist the customer m creating these files If Vts~on,41R rs unable to mine the data off the legacy system, ~t is still mcumbant upon the customer to supply flus data to Vtston,4lR I/ts~on~IR vol1 assume no llabd~ty when it comes to extracting, compdmg and determ~nmg/mterpratmg relat~onslups between data and data elements of thud party systems · Data Values are placed m the Historical Tables as delivered by the customer w~th no further vahdation to the data by Ytston,~IR · Master Name data can be accessed and selectively unported by the user rote RMS from vothm the MNHS program · The Master Name Historical Summary is a static, non-editable database · None of the customer data ~s automatically uploaded rote the hve RMS database by VlslonDTS Page t of 21' Last Revlalom 11/20/00 9 12 AM VISION RMS; MASTER NAME HISTORICAL SUMMARY (MNH$) METHODOLOGY VlstonAIR, INC. II File Formats & Media t/~stonA1Rlscapableofacceptmgaw~derangeofmedmtypes Magnetic tape has proven to be an uarehable txanspo~t medarm, and, thus, can no longer be accapted ~/~ston~lR w~ll only accept data on media that ~s based off hard-drive or reslhent drzve technologies Examples of such metha include CD- ROMs, Zip drives, 1 44MB Floppy Drzves, SAZ Drzves, 250M~ Super D~sks, etc As to file forma~ thezr~elves, Ftston.~[R wall accept any delmated ASCII file, XBASE database file structure (Paradox, Access, DBF, Excel, etc ) as well as any file format wbach can be accessed readily f~om WmdowsNT using mdusZxy standard Open Database Conneclawty (ODBC) d~vcrs The preferred data format is a Tab delurated text file Obscure database file types (ALLBase, Image, ere ) must have ODBC dnvars sent w~th them or we wall be unable to process the files m an appropriate manner It la the customer's respons~bd~ty to en~ure that Vtston~lR has the appropriate WmdowsNT (ODBC) drzvera to read theu' data III Histo~'ica~ Tabl~ St~'~ctures TABLE Page2of21 ' Last Revlslom ]]/20/00 9 12 ~ VISION RMSi MASTER NAME HIETORICAL SUMMARY (MNH$) METHODOLOGY VisionAlR, lNG. Page 3 of 21 Last Revision: 11/20/00 I~ 12 ANi VISION RMS: MASTER NAME HISTORICAL SUMMARY (MNHS) METNODO~.OI~Y Vtsion/llR~ Page 4 of 21 La.t Revl$1om 11/20/00 9 12 AM VISION RMS: MASTER NAME HISTORICAL SUMMARY (MNHS) METHODOLOOY Vision~llR~ INC. Page 5 of 21 Laet Revision 11/20/00 9 12 AM VISION RMS: MASTER NAME HISTORICAL SUMMARY (MNH8) MEYHODOLOGY VtsionflZlR~ lNG,, Page 6 of 21 Laot Revision: 11/20/00 9 12 AM VI810N RMEI MASTER NAME HISTORICAl. SUMMARY (MNHS) METHODOI.OGY I/lslon/llR~ INC. Page ? of 2t last Revl$lon~ ~ ~/20/00,9 ]2 ~ VI810N RM81 MASTER NAME HISTORICAL SUMMARY (MNH$) METHODOLOOY Vt$~on~lIR~ INC. Page 8 of 21' Last Revlalom 11/~0/00 9 12 AM Page g of 21 Lsat Revlslom 1]/20/00 VISION RMS-' MASTER NAME HISTORICAL SUMMARY (MNHS) METHODOLOGY Page 10 of 21, E.a~t nevlalom 11120/00 9 12 AM VI810N RME: MASTER NAME HIETOROGAi. 8UI~IMARY (MNHE) t~IEYHODO~,OGY VlslonAIR~ LnBt RevlBIom '11/20/00 9 12 AlVl VI810N RM81 MASTER NAME HI8TORiCAL SUMMARY (MNHS) METHODOLOGY ~/lsionAIR~ lNG. Page 12 of 21 ' Last Revision 11/20/00 9 12 AM VISION RMSI MA8TER NAME HISTORICAL SUMMARY (MNH$) METHODOLOGY Vislon/llR~ INC, Page 13 of 2t ~.ast Revision: 11/20/00'9 12 AM VISION RMS: MASTER NAME HIETORiCAL SUMMARY (MNHS) METHODOLOGY VIsion.4IR~ IHC, IV Fields & User Defined ~elds There are 'User Del'reed' fields made avadabhi to you for each of the 'Historical Data' tables The user- defined fields are intended for you to supplement those data fields that Vision has identified from our customer's requnement analysis User da£med fields may be drv:ded (notationally) and viewed as separate logical fields wlnle they ere, m fact, j,st one field A copious amount of stomgn space has been allocated, per record, for user comments and for the concatenation of legacy data fields, for which, the user i'mds to be of vahie and feels should be retained In addition, other data may be tutled and orgamzed into narratives attached to mare records V M#sg~r Name Historical Summary fMNHS) Vahdated data will res]de m a database repository accessible by a t/ts~on,~lR Application called MNHS, which will provide the end user with the capab]hty of browsing, searching, and printing their historical data Tins data w~ll also be accessible from within Vls]onRMS automatically during Master Name searches and vm a point end click user interface, but only m a lmuted manner, and, mainly for name searching and basic informational &splay The capability of cutting and pasting name end address information from the Historical data into VislonRMS will exist One record per activity will be processed Because the MNHS repository is currently stored m a M]cro$ofi Access 7 0 database, this repository can either reside on a mapped HDD of a network File Server, or on the local drive ofa requured NT 4 0 Workstation(s) Connectivity to the database will be achieved using standard offthe shelf connectivity tools supphed with VlslenRMS The MNHS application will also be accessible via a desktop ]con for each user requu'mg access to historical data It will be the responsththty of the customer's system adnumsttator to assign appropnate Microsoft NT file level security rights to the MNHS database and for correctly configurm§ chent machines Primary end secondary points-of-contact, having exteuswe knowledge of the customer legacy system end data should be assigned by the customer to assist tn the conversion of their data Installation and perceived value provided by the MNHS application will depend on the ablhty of each tnd]vldual customer to provide clean, accurate data with det~ded reformation about that data The customer can expect a minimal amount of down time dunng the installation of the MNHS database Page 14 of 2'1 Last Revialom 11/20/00 9 12 AM VISION RM8; MASTER NAME HISTORICAL SUMMARY (MNH$) METHODOLOGY , I VtslonAIR, INC. Page t5 of 21 Lest RevIalon~ 11/20/00 9 12 AM VISION RMSi MASTER NAME HISTORiOAL SUMMARY (MNHS) METHODOLOGY I~ision/llR~ INC, Mare ~creon, More Page 16 of 2t I.aat Revlelo. 11/20/00 9 12 AM VISION RMS: MASTER NAME HISTORICAL SUMMARY (MNHS) METHODOLOOY I/lsion.41R~ INC. Specific Summary Screen ( 1 of nme chfferent types) Activity Summary Page 17 of 21 Last Revision: 11/20/00 9 12 AM VISION RMSI MASTER HAME HISTORIiCAL SUMMARY (MNH$) METHODOLOGY ~/Islon~IR~ INC. Report'Selectors Page t8 of 2g Last Revlslon~ 11/20/(}0 ~) ]2 AM VISION RMS: MASTER NAME HISTORICAL SUMMARY (MNHS) METHODOLOGY Vlsion.41R~ INC. Part of Act~wty Report Screen ~ENHETH LEE, ADAM8 Page t9 of 2tl Last Revlslom ]~/20/00 9 ]2 ~ VISION RMS: MASTER NAME HISTORICAL SUMMARY (MNHS) METHODOLOGY IXisionAIR~ lNG. Screen Page No 1 Summar~ Report by Address/Location and Date Rec~ 20 Where Address/Locatlon contalns "Maln" for dates1996 1999 Page 20 of gl Last Revision: 11/20/00 9 12 AM VISION HMSl MA8TER NAME HISTORICAL SUMMARY (MNHS) METHODOLOGY I/tslon/lIR~ INC. vi Futura Hans At some future tnne, the Master Name Hlstoncal Sunm~ry w~ll optionally resIde m a M~crosol~ SQL 7 0 database gaming the ab~hty therem, to mmsfer user vahdated~ reportable data into V~slonRMS, on an as need basis At winch tune tins enhancement becomes avadable, thc MNHS database will remain static end unchanged even m the event that records are posted to the hve V~s]onRMS system for ~portmg purposes Conclusion Most of Fts~on.llR's new customers end emstmg customers reqmre data conversion of some kind Each customer has data that it considers nnportant end considers accessing that tustoncal data, once they have progressed to V~slonRMS for Windows NT, as essential Customers, by storms their legacy data ut~l~mg the ~'tston~R Master Name H~stoncal Sunmmry (MNHS) Methodology, have a qmck, low-risk, end sur]phfied way of accessing their legacy data, and, by keeping ttus lustor~cal repository separate, will not ur]pact the processing performance and scalabthty of V~s]onRMS Lest UevlsIom 11/20/00 9 12 AM VlslonDT$ Attachment 'G". GEO Conversions 11/18/2000 I Introduction The VlslonDTS Depar~aent (Data Transfer Services) offers OEO Conversions for those customers who w~sh to extract their OEO data rote a pre-defined table format provided by VISIONAIR Each Customer must provide their data m the format provided and the data must be Ascn txt, comma delimited Access databases and Excel Spreadsheets are also acceptable A file layout must be provided at the tuna the data ~s dehvered If the customer ~s unable to provide a file layout, they must manually type out def'mit~ons for each field entry All data to be converted will be provided to VISIONA1R m one flat file, VISIONAIR is not responsible for merging multiple files m order to generate one GEe table Acceptable media types include CD or Zip disks only Tape Backups have proven to be an unreliable media source and therefore will not be accepted Customers must provide their data to the DTS department at least two weeks prior to VmonCAD System Administrator Training **Please note that the GEO layout ls street speclflc and does not lnclude buslness names Business names are considered a LANDMARK and are not Included as part o fa GEO Conversion, however, may be purchased as an additional conversion The following page includes the VlsionCAD GEO table layout 18 CITY CITY NAME CHAR 30 STREET STREET NAME NuMBER 4 FROM_NUM LoW RANGE OF STREET ADDRESSES ·UMBER 4 TO_NUM HIGH RANGE OF STREET ADDRESSES CHAR 15 WATER_CO NAME'OF COUNTY WIDE WATER CO THAT SERVICES THIS AREA cHAR 15 GAS_CO NAME OF COUNTY WIDE GAS CO THAT SERVICES THIS AREA CHAR 15 ELECTRIC_CO NAME OF COUNTY WIDE ELECTRIC CO THAT SERVICES THIS AREA CHAR 15 PHONE_CO NAME OF COUNTY WIDE PHONE CO THAT SERVICES THIS AREA CHAR 2 QUADRANT PRE-DIRECTIONAL CHAR 15 EVAC_ROUTE EVACUATION ROUTE CODE CHAR 255 DIRECTIONS DIRECTIONS CHAR 50 SPECIAL_COMMENTS SPECIAL COMMENTS CHAR 30 REFERENCE_POINT DIRECTIONS FROM A GIVEN LOCATION cHAR 20 CROSS_STREET1 FROM CROSS STREET (LOW) cHAR 20 CROSS_STREET2 TO CROSS STREET (HIGH) CHAR 5 ESN EMERGENCY SERVICE NUMBER CHAR 7 STATE_ROAD ALTERNATE NAME OR NUMBER FOR ROAD CHAR 5 GRID LOCAL MAP COORDINATES CHAR I ODD_EVEN ODDI(o), EVEN (E) OR BOTH (B) SIDES OF STREET - Defaults to B ffnone CHAR 5 DISP_ZONE DISPATCH ZONE CHAR 5 INTEKNAL_ESN INTERNAL RESPONSE AREA (IRA) CHAR 54 NEIGHBORHOOD SUB-DIVISION OR HOUSING DEVELOPMENT Internal All Layout Column_name Type Length Prec Scale Nullable Phone_Num varchar 12 yes Business_Name vamhar 30 yes Class varchar 1 yes C~ty vamhar 18 yes Last_Name vamhar 15 yes FtrsLName vamhar 15 yes M~ddle_Name vamhar 15 yes Location vamhar 60 yes State vamhar 2 yes ZIP vamhar 5 yes Ma~l_City vamhar 18 yes Mail_Location varchar 60 'es Ma~l_State vamhar 2 'es Ma~I_ZIP vamhar 5 ,es Reference_Point vamhar 30 ,es Special vamhar 50 ,es Directions varchar 255 ,es Water_Co varchar 15 ,es Gas_Co varchar 15 ,es Electnc._Co vamhar 15 ,es Electnc_Meter_Num vamhar 12 ~es Tract varchar 4 ~es Tax_ID varchar 30 ~es Num_Occupants ~nt 4 10 0 ~es D~sp_Zone varchar 5 ~es InternaLESN (IRA) vamhar 5 /es Jurisdiction varchar 10 /es Alarm_Co vamhar 50 yes Alarm_Co_Phone vamhar 12 yes Alarm_Code vamhar 12 yes Alarm_Type varchar 20 yes Apartment vamhar 8 yes Floor vamhar 5 yes Run_Zone_EMS vamhar 10 yes Run_Zone_F~re vamhar 10 yes ATTACHMENT "H" CITY OF DENTON INSURANCE REQUIREMENTS STANDARD PROVISIONS: Wtthout hm~ttng any of the other obhgattons or habtltttes of the Owner, the Owner shall provtde and mmntatn unttl the contracted work h~ts been completed and accepted by the Ctty of Denton, Owner, the mmtmum insurance coverage as mdwated heremafter ~4s soon as practwable after nottficatton of bid award, Owner shall ftle wtth the Purchasing Department sattsfactory certtficates of insurance, containing the btd number and tttle of the project Owner may, upon wrttten request to the Purchastng Department, ask for clar~catton of any msurance requtrements at any ttme, however, Owners are strongly advtsed to make such requests prtor to btd opening, since the insurance requtrements may not be modtfied or watved after btd openmg unless a wrttten exception has been submttted w~th the bid Owner shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and stgned by the Ctt~ of Denton ~4H insurance pohctes proposed or obtatned tn sattsfactwn of these requtrements shall comply with the followtng general spectficattons, and shah be mamtatned tn comphance wtth these general spec~cattons throughout the duration of the Contract, or longer, if so noted · Each pohcy shall be ~ssued by a company anthonzed to do bus~ness ~n the State of Texas with an A M Best Company rating of at least A · Any deductibles or self-ansured retentions shall be declared m the bid proposal If requested by the C~ty, the insurer shall reduce or ehm~nate such deductibles or self-insured retentions, w~th respect to the C~ty, 1ts offimals, agents, employees and volunteers, or, the Owner shall procure a bond guaranteeing payment of losses and related mvestlgatmns, claim admlmstrat~on and defense expenses · hab~hty pohmes shall be endorsed to prowde the following · * Name as additional insured the C~ty of Denton, its Officials, Agents, Employees and volunteers ** That such Insurance is primary to any other ~nsurance avmlable to the additional msurad w~th respect to clmms covered under the pohcy and that th~s insurance apphes separately to each ~nsured against whom clmm ~s made or stat is brought The mclus~on of more than one ~nsured shall not operate to increase the insurer's limit of habfllty · All pohcles shall be endorsed to read "SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10 D~I YS AD VANCE WRITTEN NOTICE IS REQUIRED ". · Should any of the reqmred ~nsurance be prowded under a clmms-made form, Owner shall mamtmn such coverage continuously throughout the term of flus contract and, w~thout lapse, for a period of three years beyond the contract expiration, such that occurrences arising dunng the contract term whmh g~ve nsc to clmms made after exp~ratmn of the contract shall be covered · Should any of the required ~nsurance be provided under a form of coverage that ~ncludes a general annual aggregate limit providing for clmms ~nvest~gatlon or legal defense costs to be ~ncluded an the general annual aggregate hrmt, the Owner shall e~ther double the occurrence limits or obtain Owners Protective Lmblhty Insurance · Should any reqmred ~nsurance lapse dunng the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as reqmred by tbas contract, effective as of the lapse date If Insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse All tnsurance pohctes proposed or obtatned tn sattsfactton of thts Contract shall addttlonally comply wtth the following marked spectficattons, and shall be mamtatned tn comphance wtth these addtt~onal spectficattons throughout the duration of the Contract, or longer, tf so noted A General Liabthty Insurance General L~abthty msurance with combined single hm~ts of not less than $1,000,000 shall be prowded and mmlltmned by the Owner The pohcy shall be written on an occurrence bas~s e~ther in a single pohcy or m a comb~natmn of underlying and umbrella or excess pohc~es If the Commercial General Liability form (ISO Form CG 0001 current edmon) Is used · Coverage A shall include premises, operations, products, and completed operal~ons, independent Owners, contractual habfllty covenng flus contract and broad form property damage coverage · Coverage B shall include personal injury · Coverage C, medical payments, is not required If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least · Bodily injury and Property Damage Llablhty for premises, operations, products and completed operations, independent Owners and property damage resulting from explosion, collapse or underground (XCIY) exposures · Broad form contractual liability (preferably by endorsement) covenng this contract, personal injury liability and broad form property damage liability Automobile Liability Insurance Owner shall provide Commercial Automobile Liability insurance with Combined Single L~mlts (CSL) of not less than $1,000,000 either m a single policy or in a combination of basic and umbrella or excess policies The policy will include bodily injury and property damage liability arising out of the operation, mmntenance and use of all automobiles and mobile equipment used in conjunction with this contract Satisfaction of the above requirement shall be in the form of a policy endorsement for · any auto, or · all owned, hired and non-owned autos Workers Compensation Insurance Owner shall purchase and mmntmn Worker's Compensation insurance which, in addition to meeting the mlmmum statutory reqmrements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $I00,000 per each employee, and a $500,000 policy limit for occupational disease The City need not be named as an "Additional Insured" but the ~nsurer shall agree to wmve all rights of subrogataon agmnst the C~ty, its officials, agents, employees and volunteers for any work performed for the C~ty by the Named Insured For bmkhng or construction projects, the Owner shall comply with the provisions of Attachment 1 m accordance with §406 096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas Worker's Compensation Commission (TWCC) Professional Liability Insurance Professional habthty insurance with hmlts not less than $1,000,000 per claim with respect to negligent acts, errors or omissions in connection with professional serrates is reqmred under tins Agreement ATTACHMENT 1 [ ] Worker's Compensation Coverage for Braiding or Construction Projects for Governmental Entities A Defimt~ons Certificate of coverage ("certfficate")-A copy of a certificate of insurance, a certificate of authority to selfqnsure Issued by the commission, or a coverage agreement (TWCCoS1, TWCC-82, TWCC-83, or TWCC-84), showmg statutory workers' compensatmn insurance coverage for the persoffs or entlty's employees providing services on a project, for the duration of the project Dura~on of the project - includes the t~me fi.om the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entiW Persons providing services on the project Csubcontractor" in §406 096) - includes all persons or entities performing all or part of the servmes the contractor has undertaken to perform on the project, regardless of whether that person contracted d~rectly w~th the contractor and regardless of whether that person has employees This includes, without hmltatlon, ~ndependent contractors, subcontractors, leasing compames, motor carriers, owner- operators, employees of any such enhW, or employees of any entity which funushes persons to provide servmes on the project "Servmes" ~nclude, w~thout limitation, prowd~ng, hauling, or dehvenng equipment or materials, or providing labor, transportation, or other service related to a project "Services" does not ~nclude activities unrelated to the project, such as food/beverage vendors, office supply dehvenes, and delivery of portable toilets B The contractor shall provide coverage, based on proper reporting of clasmficat~on codes and payroll amounts and filing of any overage agreements, wluch meets the statutory requirements of Texas Labor Code, Section 401 011(44) for all employees of the Contractor providing services on the project, for the duration of the project C The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract D If the coverage period shown on the contractor's current certaficate of coverage ends dunng the duration of the project, the contractor must, prior to the end of the coverage period, file a new cemficate of coverage v~th the governmental entaty showing that coverage has been extended E The contractor shall obtain from each person providing servmes on a project, and prowde to the governmental entaty' (1) a certificate of coverage, prior to that person begmmng work on the project, so the governmental entaty wall have on file certfficates of coverage showing coverage for, all persons prowdlng services on the project, and (2) no later than seven days after receipt by the contractor, a new ceT~lficate of coverage shovang extensaon of coverage, ff the coverage period shown on the current cemficate of coverage ends dunng the duratmn of the project F The contractor shall retain all reqmred cemficates of coverage for the duratmn of the project and for one year thereafter G The contractor shall notify the governmental entity an writing by certified mml or personal dehvery, w~than 10 days after the contractor knew or should have known, of any change that materially affects the prowslon of coverage of any person prowdang servaces on the project H The contractor shall post on each project s~te a notme, m the text, form and manner prescribed by the Texas Workers' Compensataon Commxssaon, reforming all persons promdmg servaces on the project that they are reqmred to be covered, and stating how a person may verify coverage and report lack of coverage I The contractor shall contractually reqmre each person w~th whom ~t contracts to provade sermces on a project, to (1) provade coverage, based on proper reporting of classfficatlon codes and payroll mounts and fihng of any coverage agreements, which meets the statutory reqmrements of Texas Labor Code, Section 401 011(44) for all of ~ts employees providang servaces on the project, for the duration of the project, (2) prowde to the contractor, prior to that person belonnmg work on the project, a eemficate of coverage shovong that coverage is being provided for all employees of the person providing serrates on the project, for the duratmn of the project, (3) provide the contractor, prior to the end of the coverage penod, a new eertfficate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends dunng the duration of the project, (4) obtain fi.om each other person with whom it contracts, and provide to the contractor (a) a certificate of coverage, prior to the other person beginning work on the project, and Co) a new cernficate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends dunng the duration of the project, (5) retain all reqmred certificates of coverage on file for the duration of the project and for one year thereafter, (6) notify the governmental entity in writing by certified mall or personal delivery, wlthm 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providang services on the project, and (7) contractually reqmre each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services J By slgmng this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project wall be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed w~th the appropriate insurance earner or, in the case of a self-insured, with the commission's DlmSion of Self-Instance Regulation Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, cavil penalties, or other mvll actions K. The contractor's fmlure to comply wath any of these prowslons as a breach of contract by the contractor wtuch entities the governmental entity to declare the contract road af the contractor does not remedy the breach wathm ten days after receipt of notice of breach from the governmental entity ATTACHMENT"I"- FUNCTIONAL REQUIREMENTS Pubhc Safety Software System All requirements contained w~thln this Idocument shall refer to the pubhc safety system operated by the C~ty of Denton'Fire and Police Departments The attached lists of system functions shall perform properly, and rehably, as installed on the public safety computer system operated by the City of Denton F~re and Pohce Departments Integration of ind~wdual, elements shall be paramount All interfaces shall be seamless, to the h~ghest eXtent possible System Security- 1 Shall hm~t access into all modules, as defined by user and password In add~bon, the on-s~te system adm~mstrator shall be able to designate, by user names and password, the user's ab~hty to access records by jurisdiction, module and module table, 2 Shall hm~t access, tojuvemle records, as defined by user and password 3 Shall allow designated admlmstrators ,n vanous departments to determine access and security for their user group, w~thln their specific modules 4 Shall provide audit tra~ls for changes to any and all fields, ~n ail apphcat~ons that tracks all additions, modifications and deletions per module table and field Th~s informat~on ~s date and t~me-stamped by module user Interfaces- Shall interface with the following 1 E911/Automated number identifier (^NI)/Automated letter identifier (ALI) Shall transfer all E911 ~nformatlon ~nto CAD This interface ~ncludes the ab~hty to wew raw ANI/ALI data on the~CAD screen pnor to ~mport to CAD, or auto ~mport feature In addition CAD shall be able to store the last 50 or less (user defined number) ANI/ALI feeds at the local workstation 2 Encoding system/two-tone sequential,paging (ZETRON) 3 Mapping {C~ty of Denton/ESRI Graphic Information System (GIS) and CML} utilizing Mapobjects, a standard ESRI file format, to geographically d~splay data utlhzmg V~s~onalr's Maphnk product 4 Transfer all currant call for service mformat~on into V~monCAD, V~s~onMoblle, and GEO, utlhz~ng a t~ghtly integrated data transfer schema which allows for call ~nformat~on to be fraely transferred between from the telecommumcator's scraen d~ractly tO the officers mobile unit Call location and other pertinent ~nformat~on shall be transferred seamlessly to an ESRI-based map for review by the telecommumcator FIra Mobile allows the officer to wew water source data Mobile allows the officer to wew AVL data 5 Alphanumeric paging, to transmit ~nc~dent informat~on wa A~rtouchNenzon w~raless paging service, using WINBEEP to transfer ~ncldent data to pagers In addition Vis~onMOBILE message sw~tch shall be upgradeable to use interact~ve pagers from BellSouth to perform TLETS queries and d~spatch functions Compliance ~s dependent on AirtouchNenzon being supported by WINBEEP 6 Emergency Medmal Pnonty Consultants' emergency medical d~spatch ProQA for W~ndows software Shall transfer all gathered information from ProQA ~nto CAD and map appropriately so as to fac~htate access to all data, ut~hz~ng an ~nterface to Medical Pnonty Consultants PRO Q/A product for W~ndows The ~nterface shall allow the d~spatcher to start a new Case from CAD with the EMD button on the home screen The data from the Case shall then be loaded ~nto the call narrative ~n CAD to make ~t a permanent part of the H~stoncal CAD call In addition, rasponses to PRO Q/A prompts shall be automatically transferrad to the telecommunmator's narrative scraen and made available to V~s~onMOBILE users assigned to the call ~n the field 7 Texas Law Enforcement Telecommumcat~on System (TLETS), Texas Crime Information Center (TCIC), National Crime Information Center (NCIC), Dallas/Tarrant County Regional Database Shall transfer the following queries from CAD and Mobile d~ract from our Message Sw~tch VEHICLE (License Plate or VIN), PERSON (Name, DOB and SEX or Driver's License Number), ARTICLES (Property), and GUN,~nto V~s~onCAD, and Vis~onMob~le and map appropnately so as to fac~htate access to all data In addition we telescope query to the Dallas Regional Database through TLETS For full TLETS/NCIC access and entry SNA server can be used on the Message Sw~tch and CAD/RMS chents 8 Automated F~ngerpnnt Identification System (AFIS), AFIS compabble fingerpnnbng workstations Transfer all gathered ~nformat~on from workstabons ~nto JAIL and map appropriately so as to faclhtate access to all data 9 Bar coding specific to Pohce/Jall/Property and Fire/EMS and mapped appropriately so as to facihtate access to all data 10 SweetSoft b~lhng Transfer all demographic informabon from Vls~onEMS, and V~sionCAD into SweetSoft and map appropnately so as to faclhtate access to all data 11 Automatic Vehicle Locator (AVL)/Global Pos~bomng System (GPS) Transfer all ~nformatlon gathered from AVL/GPS equipment, mounted ~n all mobile umts, to a message switch, and ~nto V~s~onCAD 12 Mobile data computers, w~th VislonSu~te (all components), AVL/GPS Most reformation gathered through CAD shall be available to all Mobile users 13 Mobile field reporbng, w~th V~s~onCAD, and Vis~onRMS All field reports shall be uploaded to the Message Sw~tch w~relessly and then uploaded ~nto RMS, or this can be accomphshed by floppy disk (if desired) 14 D~g~tal photo Imag~ng, with Vis~on approved hardware Make all available ~maglng ~nformat~on retrievable through V~s~onRMS, and V~s~onF~re This cannot be answered without knowing what kind of hardware is being used Snappy is required for this interface to work correctly 15 Automated c~tat~on dewces, w~th V~s~0nRMS, through a message sw~tch, ~nto CSI (ex~st~ng court records), specifically, the ab~hty to transfer cltabon information to the message sw~tch from the field In turn, th~s file would be made available for access by the CSI application 16 Mumcipal court software, CSI- Court Spec~ahsts Software Inc with V~slonMoblle, through a message switch, into V~s~onRMS, current hardware/card reader, and Comtec Encore 3 printer Shall make all available ~nformat~on gathered through hardware/card reader retnevable by all users, prowded Vision can obtain cooperation from CSI 17 V~s~onJa~l/Book-ln, with V~ct~m Informabon Notification Everyday (VINE) system Vis~onJa~l/Book-~n shall provide an open APl (Apphcat~on Programming Interface) allowing VINE System to retrieve available Ja~l/Book~n ~nformat~on 18 V~s~on will provide City of Denton with a file definition of all necessary tables whereby Corona Solubons can access data from V~slon apphcatlon Shall make all available informabon retrievable by CADM~ne Computer Aided Dispatch 1 Shall prowde immediate access to the mapping ~nterface, through Integration with CAD Mapping or V~s~on GEO, Vislonalr's mapping programs, which allows calls and unit ]0cat~ons to be d~splayed on a map 2 Shall automatically accept ANI/ALI data from Egl 1 $ Shall ~nterface d~rectly w~th V~s~onRrvlS, and ehm~nate duphcate entry of inc~dent ,nformatlon in VIslonF~ra, and V~s~onRMS 4. Shall select which fire station to sand an alert and pnntouts for d~spatchlng through an ~nterface to the Zetron systam to alert fire stabons of dispatching .5 Shall hnk separate but related ~nc~dents on both open and closed calls The contents of the hnked call shall be transferred to VIslonRMS when the closed call data ~s pasted manually ~nto the narrative of the closed call The I~nkage of the calls w~ll only be available ~n the narrabve ~n RMS 6 Shall d~spatch before call ~nformabon ~s completed 7 Shall detect and nobly console operator of duphcate calls Shall prowde for dispatchers to overnde unit recommendabons g Shall provide for d~spatchers to add units to a call 10 Shall reassign a unit to a second call, and then go back to the prewous call without hm~tat~on on the number of calls queued 11 Shall allow the user to set 'pra-planned' calls The user may define at which date/bme he/she w~ll be prompted to d~spatch a unit for the planned call 12 Shall generate offense numbers automatically, or manually by the dispatcher 13 Shall generate a separate series of sequenbal offense/report numbers for both f~re and pohce 14 Shall mark all notes related to an ~nc~dent w~th user ~denbficabon, date, and time 4 15 Shall transfer a call to another d~spatcher w~th only part~al informabon, before or after actual d~spatch 16 Shall allow a CAD workstation to act as a call taker, d~spatcher, or both, dependent upon the user Iogm The only d~fference between the two would be the size and poslbons of w~ndows 17 Shall allow the ~nput of notes/~nformat~on ~nto another d~spatcher's call, as the call ~s being d~spatched 18 Shall allow the Supervisor to configure his/her workstabon to show all calls m queue, regardless of type or assignment 19 Shall allow the selection of calls at w~ll, from the calls holding for d~spatch 20 Shall allow placing a call on hold to take a higher pnonty call 21 Shall nobfy d~spatchers of hazards, pnor calls, medical h~story, caution notes, warrants, by location If VislonCAD and V~s~onRMS are being used together, d~spatchers w~ll be warned of outstanding warrants for the complaint address The d~spatchers shall be able to view the full warrant record D~spatchers shall be alerted to fire plans associated with an address entered for a call The histoncal calls database shall alert d~spatchers to previous calls at complaint Iocabons When calls are received, d~spatchers shall be alerted to medical cond~bons, hazardous matenals, and other conditions that ex~st at the caller Iocabon Th~s ~nformatlon shall be stored ~n the ~nternal ALI database 22 Shall allow the scheduling of calls ~nto the future, and to modify and d~spatch scheduled calls, at any time 23 Shall allow the change of d~splay sort order, prlonty, umts, status, etc 24 Shall standardize and customize d~splay colors, w~ndow arrangements, ~ncludlng the capability to change the d~splay colors, order of umts, order of w~ndows, etc This conflgurabon shall be saved to the user's profile for futura system use 25 Shall allow color-coding of dispatch screen d~splay 26 Shall prowde call templates based on whether the call ~s New, Miscellaneous, or Traffic Stop 27 Shall filter displayed calls by F~re/EMS/Police User can sort by pnonty Calls cannot be filtered by Umt Types. 28 Shall recommend units 29 Shall allow the d~splay of available and assigned umts 30 Shall allow the user to customize the colors for umts d~splayed, and differentiate (by color, graphics, etc ) between types of units on d~splay 31 Shall recall pnor traffic stop ~nformatlon from TLETS, regional ~nformat~on, CAD, and RMS, ut~hzlng the State's w~ndows-compatlble software 32 Shall recall prior traffic stop ~nformation by any or all of the following ~nd~cators license plate number, dnver's license number, or name 33 Shall prowde pnor ~nformabon on stops/incidents, ~ncludlng offenses, and calls for service 34 Shall track alarms (fire, burglar, panic, medical) and track false alarms 35 Shall allow the use of the same report number for both F~re and EMS The user can accomphsh th~s by choosing to use the CAD Call Number as the report number 36 Shall change call type/Iocatlon/etc, while malntalmng a record of the original ~nformabon ~n a searchable field 37 Shall generate an activity log by unit/officer/apparatus, which includes all other umts, or apparatus that assisted Log shall ~nclude status and t~mes 38 Shall track t~mes, ~nclud~ng call received, sh~pped, d~spatched, enroute, on scene, open report, transported, at hospital, and available for all umts/apparatus participating 39 Shall allow non-d~spatch personnel to wew, but not change, CAD F~re/Pohce status, inc~dents, details, without being able to change (for non- d~spatch personnel), ~n real t~me, w~th automatic refresh 40 Shall vahdate data as ~t is being entered, and ~mmedlately suggest vahd values when ~nvahd data is entered 41 Shall override unverified addresses 42 Shall execute virtually all d~spatch functions from the command hne Shall provide on-hne help for commands 43 Shall prowde "be on the look out" (BOLO) alerts from CAD to Mobile Mobile users may ubhze the narrative to send this information to CAD 44 Shall recommend both primary and backup umts, based on call type, location, sh~fts, and standard operating procedures 45 Shall assign mulbple aliases to an address, and convert to standard~zed address 46 Shall allow hsts of locations for house watch and close patrol, by beat and d~stnct CAD prowdes data fields which may be used for tracking beat and d~stnct The system prowdes a report generator which w~ll allow a list to be generated 47 Shall respond to fire unit d~stnct changes 48 Shall create run cards for F~re and EMS 49 Shall activate alphanumeric paging by call type, or nature, for both Fire and Police, with an alphanumenc paging ~nterface 0NinBeep) and proper building of the table 50 Shall maintain emergency contact informat~on, and make available to mobile users 51 Shall maintain a wrecker log to include normal rotation ~n the order from the company that has not been called ~n the longest brae to the company that was called most recently CAD shall track wrecker responses 52 Shall allow capture of data ragardmg race or ethmc~ty of driver on traffic/field stops regardless of whether a c~tat~on or other action ~s taken at such time as, and ~n the form, same ~s ind~cated by the State of Texas as a reporting raqu~rament Maooing 1 Shall pinpoint incident locations for CAD 2 Shall retrieve CAD inc~dent data for an area w~th~n the radius of an ~nc~dent 3 Shall define and locate cross-streets 4 Shall d~spatch Pohce, Fire and EMS un~ts/apparatus from map d~splayed ~n V~s~onCAD The d~spatcher will be able to move an icon representative of umts/apparatus displayed on a map and d~spatch the closet umt by dragging the ~con onto the call screen 5 Shall mark fire hydrants, landmarks, et¢ on map Police Records Management System 1. Shall generate NIBRS reports to comply w~th the State of Texas reporting requirements and UCR reports, ~ncludmg Return A, Supplement to Return A and Property Stolen by Class~ficabon 2. Shall define offenses by CJIS(Texas penal) code and use CJIS code for data entry and allow system adm~mstrators the ab~hty to work w~th, and define UCR and IBR system tables and codes through the system adm~mstration module code The system prowdes all state mandated codes, and these may not be edited bythe user, to print state reporting errors 3 Shall d;sbngu~sh a juvenile from an adult under both Texas and Federal Law and create a juvemle detenbon log that Js required by the State Shall track and report juven,les separate from adults 4 Shall change arrest t~tles and offense titles to conform to statute changes w~thout changing past arrest and offense records 5 Shall create track field ~ntervJew ~nformabon, and shall allow the user to create contact cards using the report generator 6 Shall be capable of d~splay~ng/l~sbng all reports wa~bng for UCR coding W~th~n V~s~onRMS, you can build an adhoc to d~splay all cases that don't have UCR Codes ,n the offense and VIs~onAIR val~dabon will d~sptay all vahdat~on errors for cases awa~bng successful UCR coding 7 Shall create user-defined fields 8 Shall place embedded or hnked objects (p~ctures, recordings, etc ) ~nto case folders or attach to person or property record An object ~s considered any external d~g~tal file such as a photograph, wdeo cl~p, sound cl~p, document, drawing, d~agram, or spreadsheet 9 Shall d~splay objects (mug shots, text documents, property p~ctures, etc ) on the screen 10 Shall secure permissions to files and folders based on an ind~wdual's user name and password 11 Shall retneve/report calls for service (incidents) ~n Records even ~f no offense report ~s written 12 Shall pmwde an audit tra~l for record mod~ficabon, which includes user, date, bme and field An audit trail ~s a detailed record of all changes that have been made to a record The audit tra~l ~ncludes the date and time of the change, who made the change, and the "before" and "after" values of the changed field 13 Shall enter Modus Operand~s (MO) ~nformatlon and search by MO 14 Shall generate an on-screen suspect lineup based on suspect physical characteristics entered by the end user The user w~ll then print the on- screen I~neup to a localized or networked pnnter 15 Shall track accident ~nformabon and generate Texas DPS ST-3 report and supplements 16 Shall verify name entry against Master Name file to allow the user to avoid duplication 17 Shall prowde a graphic body map to show scars, marks and tattoos, and p~emlng Shall attach photos of same to the incident/offense report 18 Shall provide separation of CID intell~gence data ~n a separate database for specific groups of people w~th~n the organization 19 Shall provide reference files for employee informabon, SOP, etc, w~th search capabilities 20 Shall h~de invest~gat~ve notes when specified by an Invest~gator The RMS user shall have the ability, w~th the associated rights, to designate a folder as 'confidenbal' Ut~l~zabon of th~s opbon shall make the contents of the folder inaccessible by users other than the creator The folder creator shall have the opbon to designate other confidential folder readers as he/she deems necessary 21 Shall track asset seizures to final dlspos~bon 22 Shall search for inc~dent/report by any fleld/mulbple fields ~ncludmg date range, name, location, vehicle and officer, etc Jail/Book-In I Shall record ~nmate ~nventory and generate race,pt for property 2 Shall maintain inmate medical and pharmacy records 3 Shall track bonds, releases and arraignments for each charge on each ~nmate 4 Shall report ja~l population and demographics by day or month, and to report duration of ~nmate stay for a specified penod of bme 5 Shall report prewous arrests to book-~n and prewous classification status 6. Shall attach photos to ~nmate records and d~splay on screen 7 Shall track potential hazards of concern for each ~nmate I e sex offenders, commumcable d~sease(s), suicidal, escape nsk, etc 8 Shall ~nterface w~th V I N E (reference attachment I Interfaces- number 17) Alarm Permits 1 Shall track false alarms through use of complaint types and/or d~spos~t~ons 2 Shall calculate excessive alarms for the purpose of b~ll~ng with user definable period of t~me Report w~ll require a redesign to allow the user to specify what number of alarms ~s considered "Excessive" 3 Shall allow user to create a complaint type to ~nd~cate Iocabons w~thout alarm permits where a response umt is dispatched The V~s~onCAD user may then create a report to d~splay all locations, w~thout permit, where an officer responded TClC/NClC TLETSINLETS I Shall be able to accept queries from desktop ]0 2 Shall modify queries to conform to changes as the State of Texas phases m NCIC 2000 w~th NETCOM server 3 Shall be able to ~nqu re, modify, locate, ,enter cancel, and clear, from each dispatch CAD workstation, however Vis~onCAD provides the funct~onahty to only query the desired informat~on frOm NCIC 4 Shall inquire TCIC/NClC/Reg~onal database v~a Mobile PropertvlEvldence 1 Shall barcode property by generating a barcode label based on end user's ~nput The label will then be used m tracking bar-coded property 2 Shall track found propertT, recovered stolen property and evldent~ary property from acqu~s~tion to d~sposal ~nclud,ng location/possession to document the chain of custody The process w~ll ~nvolve manual data entry as well as barcode scanmng 3 Shall enable users to produce notification letters to owners of property available for release 4 Shall prowde alerts at user-defined t~mes when property and vehicles are ehg~ble for disposal 5 Shall track ~mpounded vehicles from ~mpoundment to auction based on end user ~nput W~II generate a report of ~mpounded vehicles and their d~sposlt~ons 6 Shall attach d~gltal p~ctures of found property, recovered stolen property and ewdentlary property to the property's file in the ewdence module SuPervisor A~)Droval 1 Shall allow user to d~splay those reports to the officers that do not meet supervisor approval for both Pohce and Fire Personnel Scheduhn;I/Trainlna ]1 1 Shall pmwde scheduhng of tralmng for Pohce/F~re/EMS based on user ~nput Mobile 1 Shall update code tables from the server wa wireless connection when Mobde version 3 0 ~s released System Administrator must be able to set the updates to run automabcally or manually It ~s agree that payment for mobde product will not be held up wa~bng for dehver and installabon of Mobde vermon 3 0 2 Shall assign keys based on most commonly used commands when Mobde version 3 0 Is released 3 Shall be capable of changing fire dlstncts and status from mobde terminal Interfacing w~th VlslonFIRE wdl require an add~bonal cost 4 Shall be able to select from a hst of wa~bng calls where users can add themselves to that call 5 Pohce/F~re/EMS shall be able to add themselves to a call 6 Pohce/F~re/EMS shall be able to self-~mbate their calls from Mobde Interfacing with NCIC and RMS queries are provided at an additional cost 7 Pohce/Fire/EMS will shall have "Messaging Capabdltles" Messaging wdl be defined as car-to-car chat, car to d~spatch chat, car-to-car e-mad and car to dispatch emad 8 Display Pohce/F~re/EMS un~ts m Mobile software on an in-car-map computer display, dependent on the user having AVL GPS All software ~s included in this contract, 9 Allow for a m~mmum of 7 lines of text, ~ncludlng umt status and pending calls to allow officers to see as much of the activity as possible w~thout having to scroll up and down 10 AVL screens shall refresh e~ther manually or w~thln user-defined periods Status screens must be refreshed manually 11 Shall allow user to paste contact ~nformabon and transmit to CAD system 12 Shall store information on laptop in case of transmission failure or message switch down brae and hie transmitted automatically when system ~s restored 13 Shall allow Fire mobile users to update building details wa LAN or W~reless communmaflon in Mobile FIRE 14 Shall prowde audible and wsual alerts of Iocabon hazards, warrants, d~spatches, TLETS returns, BOLOS; medical ~nformatlon, etc 15 Shall provide touch screen comphance 16 Shall produce accident reports and allow user to attach sketches of the accident by floppy d~sk from a desktop workstation ut~hz~ng third party software prowded by customer Shall generate the Texas ST-3 report plus its supplements 17 Shall store all car-to-car and car-to-d~spatch messages on the message sw~tch 18 Shall d~splay all umts' status, as well as all CAD calls ~n queue, seven hnes at a time or more 19 Shall allow mobile uses to obtain transmittals of TLETS and other central agency database queries when dnvers' hcense number, name or tag ~s entered 20 Shall provide the capab~hty to set up messaging groups 21 Shall ~nterface to magnebc strip or bar code reader for dnvers' hcenses when Mobile version 3 0 ~s released 22 Shall retrieve a list of locations for House Watches and Close Patrols by dlstnct in CAD 23 Capable of providing Police field reporting of Incidents, Offenses and Accidents 24 Shall provide for NFIRS-1 Basic Form reporting of Fire Incidents 25 Prowde screen mght vis,on d~mm~ng and black out modes 26 Shall enable entry and capture of, data regarding race or ethmc~ty of dnver on traffic/field stops regardless of whether a c~tatlon or other action is taken Fire Records 1 Must be NFIRS 5 0 certified 2 Shall create and electromcally transmit NFIRS reports 3 Shall flag any report which does not have all NFIRS required informat~on 4 Shall prowde NFIRS report sections becoming available based on information entered ~n previous fields 5 Shall prowde incident data obtained from the CAD System 6 Shall validate addresses against CAD ubllz~ng GEO Converter 7 Shall prowde for fire ~nspect~on module to have separate security from fire reporting 8 Shall calculate run t~mes, on scene t~mes, etc, for each apparatus 9 Shall enable generation of actlwty,reports by stabon, apparatus, sh~ft and ~nd~vldual 10 Shall track mutual aide-total calls given and received 11 Shall track inventory of equipment and apparatus (SCBA, hoses, pumps, etc ) 12 Shall allow users to define and create tesbng schedules based on equipment maintenance recommendations and maintaining testing records for equipment and apparatus The Equipment secbon of the F~re Module shall also g~ve customer ab~hty to test equipment, and record repair and parts information Test records are always accessible by pressing the test button Test records must be completed before repair and parts records can be entered For all equipment tests (Ladder, SCBA, etc ) the 'Tested By' field shall allow the user to e~ther select values from the pull-down menu, or to enter free text of users choosing The Equipment Maintenance system of VislonRMS shall allow customer to define, schedule, and track equipment maintenance records ~he Equipment Maintenance system shall also allow customer to record equipment usage, maintenance costs, equipment fueling, physical ~nspect~ons and performed maintenance Customer shall also be able to view projected maintenance schedules, pnnt maintenance tickets, and enter purchase orders 14 13 Shall allow users to generate training schedules based on pos~bon requirements 14 Shall allow users to track cerbficabon expiration dates, and shall allow a report to be run which will hst those cert~ficabons ~n need of renewal 15 Shall allow users to query and generate reports of tra~mng h~story for each ~nd~vldual and calculate training hours by date parameters 16 Shall track fire hydrant Iocabons and maintain logs for painting, flow tesbng, and other maintenance actlvlbes 17 Shall track hazardous matenals, spnnklers, premise ~nformatmn, etc by location and relay to CAD and mobile FIRE apphcabons Fire Inspections 1 Shall generate ~nspectlon schedules da~ly, weekly, and/or monthly 2 Shall track wolabons and generate pnnted nobficabons 3 Shall prowde fire ~nspect~on mformat~on to CAD and mobile FiRE Reportin¢~ CDertalnin¢i to all modules) 1 Shall allow users to define and generate reports based on mulbple ~nc~dents cntena (~ e h~ghest burglary occurrence), personnel and equipment actlwtles, mutual aid, response bmes, etc 2 Shall allow users to store and recall created reports 3 Shall allow creation of redacted reports to be released to the pubhc for both ~nd~wdual offenses and for cumulabve press releases ~f customer ubhzes paperless reporting ATTACHMENT "J" Licensed Software Acceptance Plan STANDARDS OF PERFORMANCE AND ACCEPTANCE CRITERIA The mstallatton and acceptance of the Licensed Software vall be as described m Subparagraphs (a) through (e) oftlus section, winch pertmns to the ~nstallat~on of the L~censed Software a Application Software Certification' OWNER shall certify in writing to CUSTOMER when the application software is installed and ready to use per the Software License Agreement The Licensed Software w~ll be eonsxdered installed and ready to use when OWNER demonstrates that the application software ~s operational on CUSTOMER'S computer hardware (the "Installation Date") b Performance Criteria and Period' The "Performance Per~od" shall constitute a per~od of fifteen (15) calendar days The Performance Period shall commence on the first workday after the Installation Date at which t~me the CUSTOMER first uses the L~censed Software operationally (the "F~rst Use Date") If the L~censed Software ~s available for use mnety nine (99) percent or more of the time during the Performance Period, and the L~censed Software provides the features and functionality as descrthed m Functional Requirements (Attachment I), then the L~eensed Software shall be deemed to have met the Performance Criteria, and payment w~ll be due m accordance w~th the Schedule of Payments (Attachment A) The average up-t~me effeet~vaness level is a percentage figure determined for a relevant per~od of time by d~vld~ng the t~me the system ~s operational and operating ~n accord w~th the Documentation by the total t~me elapsed dunng the relevant per~od under consideration and multiplying by 100 c Notice of Acceptance: If the CUSTOMER fa~ls to g~ve not,ce of acceptance or non-acceptance to OWNER within ten (10) working days after completion of the Performance Per~od, the L~censed Software shall be deemed accepted by the CUSTOMER, and payment w~ll be due ~n accordance w~th the Schedule of Payments (Attachment A) d Non-Performance of Application Software If the Performance Criteria are not met during the Performance Period, then, as outlined m the Agreement, CUSTOMER may reject the Licensed Software CUSTOMER may also request OWNER to rectify observed deficiencies in the Licensed Software, in which case OWNER shall modify or fix the L~censed Software to meet the features and functionality set out m the Ftmct~onal Requirements (Attachment I) e Acceptance of Replacement Licensed Software After dehvery and upon completion of installation, OWNER shall cert~ m writing to the CUSTOMER that replacement L~censed Software has been installed, personnel trarned, and the L~censed Software is ready to use Th~s date shall thereafter constitute the Installation Date The Performance Per~od w~ll commence agmn, as of the first workday date the CUSTOMER ~s able to use the L~censed Software operationally Section "c" shall apply after completion of the performance per~od alk DSI TECHNOLOGY ESCROW SERVICES' Comprehensive Preferred Agreement Comprehenstve Prefe~ed offers the flexlblhty of a modifiable contract combined w~th premium protection for both the depositor and the baneficlary All patties will receive signed confirmatmns from DSI that every depostt has been respected, an account history report every mx months to notify them of the status of the escrow, and on§olng momtormg services tO ensure compliance of contract terms Also included m thru agreement is Level I Verification, DeposaTraek (a service that tracks, sohcits and confirms all scheduled deposits) and DSI's Unhmtted Update Service (which ensttres that deposit materials stay current, accurate and usable at a fraction of the cost) Purpose DSI's Camprehenstve Preferred Agreement Is generally used when Both part]es agree that the highest level of escrow protection is needed The benefimary wants to sign the agreement The beneficiary wants the optmn to request a release of deposit materials directly from DSI The beneficiary wants to negotiate unique release conditions, such as loss of support Features Comprehensive Preferred customers benefit from these umque features Level I Verification of deposit matenals Th~s includes documentation of the hardware and software environments needed to read the computer ,media, maintain the source code, and compile the source code De~ostTrack, whmh involves continual deposit maintenance DSI reminds the depositor serm- annually to make updates and notifies the benefimary of any update activity Unhm~ted deposit updates and/or replacements, plus one additional storage unit Tailored release conditions Mod~ficatmn of terms for unique requirements Written notfficatton detathng the contents of the initial deposit and each update · Sem~-annual account hlstones hst~ng all deposa activity DSI d~rect bflhng to beneficmry Techmeal verification options · Audit rights to both part, es · Audtt trod of deposit created through inspection, dating and time-stamping of all deposit materials Deposit inspection with signed receipt for both the depositor and beneficiary Grant of use nghts and depomt content defimtlon San Francisco Boston New York Chicago Dallas Atlanta San Diego Los Angeles Toronto London For More Information Call (800) 962-0652 © 1983,...- 2000DSI C ...... P003vl I COMPREHENSIVE PREFERRED ESCROW AGREEMENT Account Number Tlus Agreement ~s effective , 20 among DSI Technology Escrow Services, Ine ("DSI"), ("Depositor") and ("Preferred Beneficmry"), who collectively may be referred to m th~s Agreement as "the parUes" A Depositor and Preferred Beneficiary have entered or will enter into a license agreement, development agreement, and/or other agreement regardmg certain proprietary technology of Depositor (referred to ~n th~s Agreement as "the License Agreement") B Depositor desires to avoid dmelosure of ars proprietary technology except under certain lumted c~rcumstances C The availability of the proprietary technology of Depositor ~s cnUcal to Preferred Beneficiary ~n the conduct of its business and, therefore, Preferred Beneficiary needs access to the proprietary technology under certain lnmted circumstances D Depositor and Preferred Beneficiary desire to estabhsh an escrow with DSI to provide for the retentmn, admlmstrat~on and controlled access of the proprietary technology materials of Depositor E The part~es desire th~s Agreement to be supplementary to the L~cense Agreement pursuant to 11 Umted States [Bankruptcy] Code, Section 365(n) ARTICLE 1 - DEPOSITS 1 I Obhuatmn to Make Deposit. Upon the signing of this Agreement by the pames, Depos,tor shall dollver to DSI the proprietary technology and other materials ("Deposit Materials") required to be depos~tad by the L~cense Agreement or, ff the License Agreement does not identify the materials to be deposned w~th DSI, then such materials will be ~dent~fled on an Exhibit A If Exhibit A is applicable, ~t ~s to be prepared and s~gned by Depositor and Preferred Beneficiary DSI shall have no obhgat~on w~th respect to the preparauon, s~gnmg or delivery of Exhibit A I 2 I~tenUfieaUon of Tangible Med~a. Prior to the delivery of the Deposit Materials to DS1, Depositor shall conspicuously label for ~dentlficat~on each document, magnetic tape, disk, or other tangible medm upon which the Deposit Materials are wntton or stored Additionally, Depositor shall complete Exhlbn B to tins Agreement by hstlng each such tangible media by the item label description, the type of media and the quantity The Exhibit B must be s~gned by Depositor and delivered to DSI with the Deposit Materials Unless and unul Depositor makes the initial deposit with DSI, DSI shall have no obhgatlon w~th respect to this Agreement, except the obi,garcon to notify the parties regardmg the status of the deposit account as required in Section 2 2 below 1 3 Deoos~t Inspection When DSI receives the Deposit Materials and the Exhibit B, DSI will conduct a deposit mspecUon by wsually matdung the labeling of the tangible metha contammg the © 1983, 1999 2000 DSI CP~9-.'2CP003v[ Deposit Materials to the item descnpttons and quantity listed on the Exhibit B In addmon to the deposit inspection, Preferred Beneficiary may elect to cause a verification of the Deposit Matenals in accordance with Sectton 1 6 below I 4 Acct~tance of Deposit At completion of the deposit mspect~on, if DSI deterrmnes that the labeling of the tangible medm matches the item descriptions and quantity on Exhibit B, DSI will date and sign the Exlublt B and mini a copy thereof to Depositor and Preferred Beneficiary If DSI determines that the labeling does not match the ~tem descnptaons or quantity on the Exhibit B, DSI will (a) note the d~screpanmes m writing on the Extnblt B, (b) date and sign the Exlub~t B w~th the exceptions noted, and (c) marl a copy of the Exhibit B to Depositor and Preferred Beneficiary DSI's acceptance of the deposit occurs upon the signing of the Exhibit B by DSI Dehvety of the s~gned Exhibit B to Preferred Beneficmry ~s Preferred Beneficiary's notice that the Deposit Materials have been received and accepted by DSI I 5 Depositor's Rel~resentations Depositor represents as follows a Depositor lawfully possesses all of the Deposit Matenals deposited with DSI, b W~th respect to all of the Deposit Materials, Depositor has the right and authority to grant to DSI and Preferred Beneficiary the rights as provided In this Agreement, ¢ The Deposit Matenals are not subject to any hen or other encumbrance, d The Deposit Matenals consist of the proprietary technology and other materials identified either m the License Agreement or Exhibit A, as the case may be, and ¢ The Deposit Materials are readable and useable in thetr current form or, if any portion of the Deposit Materials are encrypted, the decryptlon tools and decryption keys have also been deposited I 6 Venficatton DSI shall perform a Level I verification of the Deposit Materials upon the initial deposit and for each update A verification determines, in dsffemnt levels of detail, the accuracy, completeness, sufficiency and quahty of the Deposit Materials A Level I venficataon is defined as follows DSI will cause a technically quahfied DSI employee to evaluate the Deposit Materials m order to ~dentlfy (a) the hardware and software configurations reasonably necessary to maintain the Deposit Materials, (b) the hardware and software configurattons reasonably necessary to compile the Deposit Materials, and (c) the compdat~on instructions DSI will then prepare and deliver to Depositor and Preferred Beneficmry a report describing the reformation so identified It shall be the responsibility of the Depositor, and not DSI, to ensure that the Deposit Materials contain the reformation so ~dantffied tn DSI's report, as well as any other mformataon that may be reqmred m the License Agreement Preferred Baneficmry shall have the right, at Preferred Benefic~ary's expense, to cause h~gher levels of verification of any Deposit Materials Preferred Beneficiary shall notify Depositor and DS1 of Preferred Beneficlary's request for verification Depositor shall have the right to be present at the verification If a verification is elected after the Deposit Materials have been delivered to DS1, then only DSI, or at DSI's election an independent person or company selected and supervised by DSI, may perform the vanficatlon Page 2 CP99v3CP003vl 17 Deposit Updates Unless otherwtse prowded by the Ltcense Agreement, Depomor shall update the Deposit Materials wathm 60 days of each release of a new verston of the product whtch ts subject to the License Agreement Such updates wall be added to the extsUng depostt All deposit updates shall be hsted on a new Exh~btt B and the new Exhibit B shall be s~gned by Depos~tor Each Extub~t B wall be held and mamtmned separately wathm the escrow account An independent record will be created whach will document the activtty for each Extnbtt B The processing of all depostt updates shall be m accordanco~ wath Secttnns I 2 through 1 6 above All references m thts Agreement to the Depostt Matenats shall include the ~tntaal Deposit Materials and any updates DSI shall not~fy Depos~tor m writing semt-annually of Deposttor's obhgation to make updated deposits Wxthm 30 days of recetpt of each such notice, Depos~tor shall certify m writing to DSI that (a) xt has made the updated deposits as reqmred m the tmmedtately precedtng paragraph, or (b) there has not been a release of a new verston of the product since the last deposit Attar the 30 days, DSI shall notify Preferred Benefictary that DSI has received (a) an updated depom fi.om Depositor, (b) a statement ~ora Depos~tor advtstng there ,has not been a release of a new version of the product since the last depostt, or (c) no response from Deposttor Unhm~ted deposit updates and two storage umts are mcludad m the fees for t!us Agreement I 8 l~emoval of Denostt Materials. The Deposit Materials may be removed and/or exchanged only on written instructions stgned by Depomor and Preferred Beneficiary, or as otherwtse promded m thts Agreement ARTICLE 2 -- CONFIDENTIALITY AND RECORD KEEPING 2 1 Confidenttahtv DSI shall maintain the Depostt Materials tn a secure, envtronmentally safe, locked facdtty whmh ts accesstble only to authorized representatives of DSI DSI shall have the obhgattnn to reasonably protect the confidentiahty of the Depostt Materials Except as promded ~n thts Agreement, DSI shall not dtsclose, transfer, make available, or use the Deposit Materials DSI shall not d~sclose the content of thts Agreement to any thtrd party If DSI receives a subpoena or other order of a court or other judlmal tribunal pertatnlng to the dtsclosure or release of the Depostt Materials, DSI wall mamechately nottfy the parttes to tlus Agreement unless prohtbtted by law It shall be the responstbthty of Depositne .... ~ ~i"--:~ .... ? to challenge any such order, pmvtded, however, that DSI does not wmve tts rights to present ~ts position with respect to any such order DSI will not be reqmred to d~sobey any court or other juthctal tribunal order (See Section 7 5 below for notices of requested orders ) 2 2 ~ DSI wtll ~ssue to Deposttor and Preferred Benefictary a report profiling the account h~story at least sem~-annually DSI may pmwde coptes of the account htstory pertatntng to thts Agreement upon the request of any party to thts Agreement 2 3 ~ During the term of th~s Agreement, Deposttor and Preferred Benefimary shall each have the right to tnspect the wntlen records of DSI pertalntng to th~s Agreement Any tnspection shall be held dunng normal bustness hours and followtng reasonable prior notace ARTICLE 3 -- GRANT OF RIGHTS TO DSI Page 3 CP99v2CP003vl I 3 I Title to Metha Depositor hereby transfers to DSI the title to the media upon which the proprietary technology and materials are written or stored However, this transfer does not include the ownership of the proprietary technology and materials contained on the media such as any copyright, trade secret, patent or other intellectual property rights 3 2 I~,lght to Make Conies. DSI shall have the right to make copies of the Deposit Materials as reasonably necessary to perform this Agreement DSI shall copy all copyright, nonthsclosure, and other proprietary notices and t~tles contained on the Deposit Materials onto any copies made by DSI With all Deposit Materials submitted to DSI, Depositor shall provide any and all instructions as may be necessary to duplicate the Deposit Materials including but not hmlted to the hardware and/or software needed 3 3 Raght to Transfer Upon Release Depositor hereby grants to DSI the right to transfer the Deposit Materials to Preferred Beneficiary upon any release of the Deposit Materials for use by Preferred Beneficiary in accordance with Section 4 5 Except upon such a release or as otherwise provided m this Agreement, DSI shall not transfer the Deposit Materials ARTICLE 4 -- RELEASE OF DEPOSIT 41 Release Conditions As used m this Agreement, "Release Condition" shall mean the following a Depositor's failure to carry out obligations imposed on it pursuant to the hcense agreement, or b Depositor% failure to continue to do business in the ordinary course 4 2 Fdrag For Release. If Preferred Beneficiary believes in good faith that a Release Condition has occurred, Preferred Beneficiary may provide to DSI written notice of the occurrence of the Release Condit~on and a request for the release of the Deposit Materials Upon receipt of such noUce, DSI shall provide a copy of the notice to Depositor by commercial express mail 4 3 Contrary Instructions From the date DSI mails the notice requestrag release of the Deposit Materials, Depositor shall have ten business days to deliver to DSI contrary instructions "Contrary Instructions" shall mean the written representation by Depositor that a Release Condition has not occurred or has been cured Upon receipt of Contrary Instructions, DSI shall send a copy to Preferred Beneficiary by commercial express mail Additionally, DSI shall notify both Depositor and Preferred Beneficiary that there is a dispute to be resolved pursuant to the Dispute Resolution section (Section 7 3) of this Agreement SubJect to Section 5 2, DSI will continue to store the Deposit Materials without release pending (a) joint instructions from Depositor and Preferred Beneficiary, Co) resolution pursuant to the Dispute Resolution provisions, or (c) order of a court 4 4 Release of Deuosa. If DSI does not receive Contrary Instructions from the Depositor, DSI is authorized to release the Deposit Materials to the Preferred Beneficiary or, if more than one beneficiary is registered to the deposit, to release a copy of the Deposit Materials to the Preferred Beneficiary However, DSI is entitled to receive any fees due DSI before making the release Any copying expense ra excess of $300 will be chargeable to Preferred Beneficiary This Agreement will terminate upon the release of the Deposit Materials held by DSI Page 4 C ...... P003vl I 4 5 Raght to Use Following Release Unless otherwise prowded ~n the License Agreement, upon release of the Deposit Materials ~n accordance w~th this Arhcle 4, Preferred Beneficiary shall have the right to use the Deposit Materials for the sole purpose of conlmumg the benefits afforded to Preferred Beneficiary by the L~¢ense Agreement Preferred Beneficmry shall be obhgated to maintain the confidentiality of the released Deposit Materials ARTICLE 5 - TERM AND TERMINATION 5 I ~ The tmtaal term of tbas Agreement ~s for a period of one year Thereafter, th~s Agreement shall automatically renew from year-to-year unless (a) Deposaor and Preferred Beneficiary jointly ~nstruet DSI m writing that the Agreement ~s terrmnated, or C0) the Agreement ~s terminated by DSI for nonpayment m accordance w~th Section 5 2 If the Deposit Materials are subject to another escrow agreement w~th DSI, DSI reserves the right, a_qer the uu~al one year term, to adjust the anmvarsary date of this Agreement to match the then prevailing anmvarsa~y date of such other escrow arrangements 5 2 T~rmmat~on for Nonpayment In the event of the nonpayment of fees owed to DSI, DSI shall prowde written not,ce of delinquency to all parties to th~s Agreement Any party to th~s Agreement shall have the right to make the payment to DSI to cure the default If the past due payment is not received m full by DSI w~thm one month of the date of such not,ce, then DSI shall have the right to terminate thts Agreement at any tune thereafter by sending written not,ce of termination to all part,es DSI shall have no obligation to take any action under th~s Agreement so long as any payment due to DSI remains unpmd 5 3 DlsnoslUon of Deooslt Materials Unon Tenmnat~on. Upon termination of th~s Agreement, DS1 shall destroy, return, or otherwise dehver the Deposit Materials ~n accordance w~th Deposxtor's mstmctlons If there are no instructions, DSI may, at ns sole dtscret~on, destroy the Deposa Matenals or return them to Deposttor DSI shall have no obhgatmn to return or destroy the Deposit Materials ~f the Deposit Materials are subject to another escrow agreement w~th DSI 5 4 S~mval of Terms Following Termmataon Upon termination of th~s Agreement, the following provts~ons of th~s Agreement shall survive a Deposaor's Representations (Section 1 5), b The obllgattons of confidentmhty w~th respect to the Deposa Materials, The nghts granted m the sections entitled Raght to Transfer Upon Release (Section 3 3) and R~ght to Use Following Release (Sectmn 4 5), ~f a release of the Deposit Matermls has occurred prior to termmatmn, d The obhgat~on to pay DSI any fees and expenses due, e The prowsmns of Article 7, and f Any prows~ons m this Agreement which specifically state they survive the termination or expn'at~on of th~s Agreement Page 5 GP99vg~OO3vl ARTICLE 6 - DSI'S FEES 6 1 Fee Schedule DSI is entitled to be paid its standard fees and expenses applicable to the services provided DSI shall notify the party responsible for payment of DSI's fees at least 60 days prior to any mcrease m fees For any service not listed on DSI's standard fee schedule, DSI will prowde a quote prior to rendering the servme, if requested 6 2 Payment Terms, DSI shall not be mqmred to perform any service unless the payment for such serwce and any outstanding balances owed to DSg are paid in full Fees are due upon receipt of a s~gned contract or receipt of the Deposit Materials whichever ts earliest If invoiced fees are not prod, DSI may terminate this Agreement In accordance with Section 5 2 Late fees on past due amounts shall accrue interest at the rate of one and one-half pement per month (18% per annum) from the date of the mvome ARTICLE 7 -- LIABILITY AND DISPUTES 7 1 Pdght to Rely on Instructions. DSI may act m reliance upon any instruction, instrument, or signature reasonably believed by DSI to be genuine DSI may assume that any employee of a party to this Agreement who gives any written not~ce, request, or mstmctmn has the authority to do so DSI will not be reqmred to inquire into the troth or evaluate the mertt of any statement or representation contained m any notice or document DSI shall not be responsible for failure to act as a result of causes beyond the reasonable control of DSI 7 2 Indanmfficat~on Depositor ~ ~ .......... _.. ~ . agreffto mdemmfy, defend and hold harmless DSI from any and all clauns, actions, damages, arbitration fees and expenses, costs, attorney's fees and other habtht~es ("Liabilities") incurred by DSI relating m any way to this escrow arrangement unless such Lmbthties were caused solely by the negligence or wdlful misconduct of DSI 7 3 Dlst~ute Resolution Any dispute relating to or arising from this Agreement shall be resolved by arbltratton under the Commercial Rules of the American Arbitration Association Three arbitrators shall be selected The Depositor and Preferred Beneficiary shall each select one arbitrator and the two chosen arbttrators shall select the third arbttmtor, or failing agreement on the selection of the thtrd arbitrator, the American Arbitration Association shall select the thtrd arbitrator However, if DSI is a party to the arbitration, DSI shall select the third arbitrator t~ll]~7,~ t-,..~,c~._~.....,,,,~. .... U ~e .'~· Th~ loc~lOn for arbtt~at~on wilt, be detem~med and a~reed u~on by the Deuosttor and Preferred Belleficlarv Any court having junsdsctlon over the matter may enter judgment on the award of the arbitrator(s) Service of a petition to confwm the arbltratmn award may be made by First Class mad or by commercial express mall, to the attomey for the patty or, If unrepresented, to the party at the last known business address 7 4 Controlhn~ Law This Agreement is to be governed and construed in accordance with the laws of the State of r,,,~.c ....... .......... T~:xas, without regard to its conflict of law provisions Page 6 ....... P003vl 75 Notme of Reauested Order. If any party intends to obtain an order from the arbitrator or any court of competent junsdlctaon wbach may da'eot DSI to take, or reft'am from taking any acUon, that party shall a G~ve DSI at least two business days' pnor nonce of the heanng, b Include m any such order that, as a precondlhon to DSI's obligation, DSI be ptud in full for any past due fees and be paid for the reasonable value of the services to be rendered pursuant to such order, and ¢ Ensure that DSI not be required to deliver the original (as opposed to a copy) of the Deposit Materials if DSI may need to retain the original m ~ts possession to fulfill any of ils other duties ARTICLE 8 -- GENERAL PROVISIONS 81 Enttre Am'eement. This Agreement, which includes the Exhibits described hereto, embodies the enUre understanding among the parties with respect to its subject matter and supersedes all prewous communmanons, representations or understandmgs, either omi or written DSI Is not a party to the License Agreement between Depositor and Preferred Beneficiary and has no knowledge of any of the terms or prowslons of any such License Agreement DSI's only obhgatlons to Depositor or Preferred Beneficiary are as set forth m th~s Agreement No amendment or mothficalaon of tlus Agreement shall be valid or binding unless signed by all the part,es hereto, except that Exhibit A need not be signed by DSI, Exhlba B need not be signed by Preferred Beneficmry and Exhibit C need not be signed 82 Notmes All nottces, mvmces, paymentS, deposits and other documents and commumcat~ons shall be gtven to the parties at the addresses specified in the attached Exhth~t C It shall be the responsththty of the parties to noUfy each other as provided m thts Section m the event of a change of address The parties shall have the right to rely on the last known address of the other parties Unless otherwise provided tn th~s Agreement, all documents and conu-untncanons may be delivered by Ftrst Class mall 83 Severabthty I11 the event any prowslon of th~s Agreement is found to be tnvahd, vmdable or unenfomeable, the parties agree that unless it materially affects the entire tntent and purpose of this Agreement, such mvahdtty, vo~dabthty or unenforceabd~ty shall affect neither the vahchty of this Agreement nor the remaining provlmons hereto, and the prowstnn in question shall be deemed to be replaced with a valid and enfomeable provision most closely reflecting the tntent and purpose of the original pmvtstnn 84 Successors Thts Agreement shall be bmdtng upon and shall inure to the benefit of the successors and assigns of the parhes However, DS1 shall have no obligation tn performtng tlus Agreement to recognize any successor or assign of Depositor or Preferred Benefimary unless DSI recewes clear, anthontanve and conclumve written evtdence of the change of parhes ~ -- 85 Regulations Deposrtor --' .... ,~ ..... ~ _--- t~ponslble for and warrant comphance w~th all applicable laws, roles and regulations, ~ncludlng but not limited to customs laws, Import, export, and re-export laws and government regulations of any country from or to Page ~ CP99v2.CP003vl which the Deposit Matenals may be delivered m accordance with the provisions of this Agreement Depositor Preferred Beneficiary By By Name Name Title Title Date Date DSI Technology Escrow Services, Inc By Name Title Date Page 8 ...... CP003vl t EXHIBIT A MATERIALS TO BE ]DEPOSITED Account Number Depositor represents to Preferred Beneficmry that Deposit Materials dehvered to DSI shall consist of the following Depositor Preferred Beneficiary B ¥ By Name Name T~tle T~tle Date Date Page9 CP99v2CPOO3vl EXHIBIT B DESCRIPTION OF DEPOSIT MATERIALS Depositor Company Name Account Number Product Name Version (Product Name wall appear as the Exhtbtt B Name on Account Htstory reporO DEPOSIT MATERIAL DESCRIPTION Quantity Media Type & Size Label Description of Each Separate Item Disk 3 5" or DAT tape m m CD-ROM Data cartridge tape TK 70 or tape Magnetic tape__ Documentation Other PRODUCT DESCRIPTION. Envu'onment DEPOSIT MATERIAL INFORMATION Is the media or are any of the files encrypted? Yes / No If yes, please include any passwords and the decryptlon tools Enctypt~on tool name Version Hardware required Software required Other reqmred reformation I ca. fy for Depositor that the above described DSI has inspected and accepted the above Deposit Materials have been transmit~ed to DSI materials (any excepttons are noted above) Signature Signature Pnnt Name Pnnt Name Date Date Accepted Exbabit B# Send materials to DSI, 9265 Sky Park Ct, State 202, San Diego, CA 92123 (858) 499-1600 Page 1o CP99','2CPOO3v I DESIGNATED CONTACT Account Number Nottces, depostt material returns and communtcattons to Deposttor Invotces to Deposttor should be should be addressed to addressed to Company Name Address Contact Contact Telephone Facsumle P O tl, if required Pursuant to Section 1 6 Vertficatton Contact Telephone Notices and commumcatlons to Invoices to Preferred Benefimary Preferred Benefictary should be addressed to should be addressed to Company Name Address Contact Contact Telephone Facstm~le P O ti, if reqmred Requests from Deposttor or Preferred Banefictary to change the destgnated contact should be gtven tn writing by the destgnated contact or an authorized employee of Deposttor or Preferred Beneficmry Contracts, Deposit Materials and notmes to Invoice ~nqumes and fee remittances DSI should be addressed to to DSI should be addressed to DSI Technology Escrow Servtces, Inc DSI Technology Escrow Services, Inc Contract Admmlstratton Accounts Recetvable 9265 Sky Park Court, State 202 PO Box 45 156 San Dtego, CA 92123 San Francisco, CA 941450156 Telephone (858) 499-1600 (858) 499-1636 Facstmde (858)694-1919 (858) 499-1637 Page 11 GI~)v-3C?00}v} I V~s~onAIR Attachment "L" VielonAIR Help Desk INTRODUCTION The function of the VisionAIR Help Desk is to provide efficient support to all V~s~onAIR customers Th;s service includes a d~ract toll free telephone line for the exclusive use of our customers ~n reporting softwara problems and on-line Internet support Vis~onAIR's Help Desk is a 24-hour a day, 7 day a week, 365 days a year operation that provides service per a maintenance agreement w~th your agency You may choose Monday through Fnday 8 × 5 or 24 X 7 support GETTING STARTED WITH THE HELP DESK Pnor to placing Help Desk ceils, each agency should register for accounts for all persons that w~i be calling Help Desk These accounts will enable you to,register calls w~th the Help Desk, to place onhne ,submissions and query your service request tickets onhne Simply go to the web s~te and follow the instructions onhne We will need, at a m~nimUm, the following ~nformabon first and lest name of the contact who w~ll be celhng, btle, agency name, a§ency address, phone number, emad address, fax number & agency d~el up information (~f you know th~s, ~f not ~t w~lt be collected at some point) PROCEDURES FOR REPORTING PROBLEMS The designated contacts should be the people submitbng bckets to the Help Desk We recommend that they be knowledgeable about the apphcat~on's software, the agency's ~mplementabon of the software, and the hardware and network configuration for the s~ta The key to qu;ckly resolving any prob]em ~s documenbng and reproducing ~t Reporbng that the "system doesn't work" ~s insufficient information and wastes the valuable brae of you and the Support Technician in trying to obtain detads to begin solwng the problem The more specific you are about your problem, the more quickly we can resolve ;t You should know the informabon listed below and have ~t w~th you when you call Alternahvely, you may fax or e-ma~l it to the Castle Hayna office or choose the onhne Customer Service Center located on our webs~te to electronically submit a serv~co request Important ~nformabon to document ~ncludes, but ~s not hm~ted to Product Type and Name · Function being performed (adding, modifying, deleting) · Other system acbvity (backup, runn;ng reports, ad-hoc searches) · Any print outs, screen dumps or error messages · Any work that was done to the network or hardware (add~ng d~sks, workstations, communication changes) · Anything that's changed s~nce the system last functioned properly WI*fA T HAPPENS WHEN YOU CALL THE HELP DESK To subm;t a service request, you can call the toll free number (I-800-7§6-TECH) or you can go to the Customer Service Center and submit onhne When you call the toll free Support number, your ca~l ~s answered by a Triage call-taker Th~s person obtains ali the necessary ~nformation hsted above, g~ves you a t~cket number for reference to your Issue and e~ther d~racts your call d~roctly to a Support Technician or assigns your issue to a technician that w~l) call you back as soon as they are available Your call is ~n~bally assigned to a Level I Support Technic~an If they cannot resolve the ~ssue w~th~n 4 hours, ~t w~il be escalated to a Level II Support Technician A call that has been escalated or ~n~t~ally assigned to a Level II Support Technician on which s~gn~ficant progress has not been Pagel V~s~onAIR made within 4 hours w~ll be escalated to a Support Levell III Techmc~an assigned to the Development Team The 4-hour escalation rule is defined as the time a technician is actively working on the ~ssue, not including the time your issue IS queued ~n a pending status VisionAIR provides support services to our 24 X 7 maintenance plan customers using quahfied staff members on a rotational schedule After normal business hours and on weekends, onstaff support technicians have the availability of paging T~er I11 Technicians in the event that their services are needed for cell resolution HELP DESK TOOLS The VisionAIR Help Desk has at ~ts disposal PAS (RemOte Access Service) and NetOp remote control services ~n order to resolve your agency's Issues[ Th~s software enables us to see processes running at your agency on any particular machine In addition there are times that the Help Desk w~ll deploy patches or executables in order to resolve software ~ssues The VmlonAIR Help Desk utilizes knowledge management software, ~Know, to log solutions to ~ssues that have been prewously reported Th~s gives our techmc~ans the ability to search for resolution to your requests for assistance V~monAIR ~s in the process of prepanng to publish knowledge base information to our customers wa the Internet The Help Desk has implemented interfaces that will allow us to receive and reply to help desk tickets wa email and the Intarnet These ~nterfaces w~ll also allow for you to access a knowledge base of information and download a variety of documents that you w~ll find helpful Customer's w~ll only be able to wow the calls / issues that have been submitted by your agency REPORTING A "DOWN" SYSTEM All Vision application programs are complex, ~nvolwng many d~fferent functions and accessing multiple databases on vanous systems Our customers come to rely upon the smooth funct~omng of the technology system and a "down" system disrupts ,their operations A "down" system has the h~ghest priority of any Help Desk call, and the after hours Help Desk program was created to meet the needs of 24-hour critical emergency operations "D(~wn" systems should NOT be resorted wa the Internet. E-ma~l or Fax. but always called ~n on the toll-free Help Desk I~ne "Down" systems are defined as follows · Unable to log ~nto the system from any workstation, or group of workstations (such as a remote rote ) · All external interfaces are non-functional · CAD personnel are unable to enter and update calls or change unit status · Jail operators are unable to book or release inmates · Mobile Chent(s) not able to connect to the Message Sw~tch (Mobile Support number 1-888- VSI-TECH) · User(s) not able to enter data The technician taking the lead working w~th the customer on a down system has pnonty access to additional network and SQL technical resources w~th~n the Support Department as well as the Development Teams responsible for the VimonAIR application affected RESPONSE TIME OBJECTIVES As referenced above, a "down" system ~s extremely disrupbve to customer operations A "down" system has the h~ghest pnonty of any Help Desk call, and the after hours Help Desk program was created to meet the needs of 24-hour critical emergency operabons V~monAIR shall work conbnuously in response to a down system, and shall use all reasonable commercial efforts, until Fage2 V~s~onAIR an error correction is found and successfully implemented V~monAIR agrees to provide an error correction to a down system within one (1) calendar day of the down system being reported to VisionAIR by the customer Major Problems, such as the unavailability of a designated function, receive the next level of prlorty, VsonAR sha work contnuousy n response to a Major Problem, and shall use all reasoneble commemlal efforts, until an error correct,orr ~s found and successfully implemented V~monAIR agrees to prowde an error correcbon to a down system within two (2) calendar days of the Ma~or Problem being reported to VlsionAIR by the c~stomer All other problems, such as an ad hoc report msue, a~ Minor Problems and receive the lowest pnonty. VislonAIR shall use all reasonable commercial efforts until an error correction ~s found and successfully implemented to these Minor Problems Vis~onAIR agrees to provide an error correction to a Minor Problem w~thin fourteen (14) calendar days of the M~nor Problem being reported to VmionAIR by the customer The parties acknowledge the potentially Idiosyncrebc natUre of problems ~n Licensed Software Also, the VlsionAIR L~cansed Software ~s being used ~11 combination with Customer's hardware, network connections and a number of third party software products, any aspect of which may be the cause of a system down The CUSTOMER and VIsionAIR w~ll work together to isolate the cause of the error V~sionAIR will repair those errors which are covered services under the Software Service Agreement While the response times!proposed constitute targeted goals to be met by the VielonAIR Help Desk for the benefit of CUSTOMER, ~t ~s understood that VisionAIR shall use all reasonable commercial efforts to respond to problems w~th~n the targeted response bmes ninety-five per cent (95%) of the time Sporadic failures to meet the targeted response bmes shall not constitute a failure to pedorm a mater~al prov~mon of th~s agreement Response bme does not constitute a guarantee that Customer'S system, which ~ncludes the hardware, network connectivity, third party software and the VlmonAIR L~censed Software w)ll be fully operational any mlmmum percentage of the hme BACKUP PROCEDURES & FAIL OVER It ~s critical that each agency understands the s~gn~ficance and importance of doing proper backups Industry standards have defined proper backups as being da~ly, weekly, monthly, quartery and yeary Fol owing proper storage procedures of that data w a so ensure that n the event of hardware failure or disaster, the Help Desk can~nsure that th~s data can be restored w~th mimmal data loss The Help Desk cannot guarantee restoration of your lost data w~thout proper backups The backup process actually has two parts The ~nteraal backup process used by SQL which creates a group of static files from whloh your enhre database can be restored These files w~ll be referred to as the backup set for the purposes of this decument V~s~onAIR ~s responsible for the original creation of th~s backup set during your hardware ~nstallat~on and network configuration The location and schedule of the backup set on your server can be p~npointed through a support call covered under your maintenance Further consultatlbn or the process of phymcally mowng or copying the backup set to another med~a, i e a tape,I is done on a b~llable barns as ~t ~s not covered under normal maintenance The phymcal state (~f your backup media or device Is not the responsibility of VlmonAIR In the event of server failure, restorabon of the backup set ~s done on a b~llablelbasis V~s~onAIR recommends d~fferent types of frei over dewces such as Co-Standby Server (formerly V~nca), Clustering, etc The Help Desk has trained Co-Standby Server and Clustering personnel st on staff to assist with your questions, however per your maintenance agreement, these are 1 t~er support only products MAINTENANCE ON YOUR OWN ?age3 V~s~onAIR Backups are not the only type of System Maintenance you should perform Although your hardware Is not part of the Vision maintenance plan, we suggest you setup monthly mmntenance of your system Things such as Defragmentation programs, Virus Programs, and mon~tonng your event logs can assist you ~n ma~nta~ning a healthy network Often the Event V~ewer can g~ve a h~nt of a problem before it grows or ~f you notice the event viewer filling up, you may plan a re-boot of the servers and workstations at a convenient time HELP DESK PROCEDURES Support Technicians are knowledgeable about Vision ,apphcabon software and usually resolve their calls wh~le the customer is on the line In order to track calls effectively, the Support Technmians maintain an on-line history of your call, including date and time of cell, description of the problem, the current status of the call, ~f technical help has been requested and final d~sposition of the call All customers wdl be called batik w~thm 12 hours of In,hal receipt of the ~ssue The Support Director and Support Managers, who also receive a monthly summary of number of calls by agency, review call reports dady Calls received by the Help Desk usually fall into one of these categories · Ouesbons about application software functmnahty Support Technm]ans w~ll answer a hmited amount of questions about the general operation of the apphcat~ons software However, the Help Desk ~s not a substitute for training Customers who attempt to use the Help Desk as a training ground for new employees wdl be notified that the Help Desk ~s primarily for problem reporting and w~ll be dwected to a VisionAIR Aceount Executive to generate a quote for additional training · Isolated incidents Infrequently, Isolated incidents are reported where a program does not funcbon as it was designed Support Techmcmns will attempt to duphcate the incident on your system If they are unable to do so, you w~ll be asked to call back when or ~f ~t reoccurs · Recurring problems / No program changes required Problems of th~s nature are resolved wa our on-hne dmgnosbcs We will dial into your site and make the necessary changes to correct the problem · Setup and software configuration issues · Problems with software installation Installation of new or upgraded software may cause unexpected problems such as inadvertent d~sconnectmg of an interface These problems are dealt with as soon as they are reported · Support responds to calls based on seventy An example would be the following System Down would be a technicians h~ghest priority, a portion of the system being unable to perform it's designated function would be next, an adhoc report ~ssue would be the least priority of a technician's queue · Support Technic~ans also receive calls that fall ~ntol the category of software enhancements, ~ e the software ~s operating accerdmg to the docurnentabon, but the user feels ~t should be changed The customer w~ll be notified that th~s ~s a Request for Change and requires that a Software Issue Submission (SIS) form be filled out and submitted to the SIS Manager These are placed into a SIS queue and reviewed by the Help Desk, Development, OA, and the Product Managers These calls are considered closed SIS PROCEDURES Page4 V~s~onAIR In some cases you might be asked to submit a Software Issue Submission (SIS) Th~s can be done via ema~l, fax or through the Customer Service Center online A SIS Is either a Request For Change (RFC) feature r~quest, an ~ssue you deem to be a bug ~n the software or a federal or state mandated change YQu submit the ~ssue wa the SIS form, and then a combination of the Help Desk, QA, Developmen~ and Product Managers test your SIS and handle it accordingly If your issue is found to be a bug, then you w~ll be notified when it will be fixed If your issue ~s a feature, you will be notified as well When submitting an SIS, you will need the following mformabon Product Choose from our nine products CAD, RMS, MOBILE, JAIL. EMS, FIRE, GEO, Municipal Court, or Magistrate Warrant Control Module i e Incident, Arrest, General Edit, otc Screen Name Found In brackets at the top left Corner of your screen State Version For RMS, FIRE, EMS, COURT a~hd JAIL only Check the pc~basew ~m file for the state version Build Version Click on the Help menu and choose the About option for th~s number Build Date This w~ll be on the screen with the Build Version Operating System Windows NT, Windows 98, otc Agency Asmgned Issue # If your agency assigns a number for tracking purposes, place It here The SIS process does not replace the Help Desk You should sbll call the Help Desk ~f you are ~n doubt and a Support Technician w~ll let you know ~f he or she can fix the ~ssue or you should submit an SIS In most cases, a Support Technm~an can~ submit the SIS for you WHAT IS COVERED BY YOUR MAINTANENCE AND WHAT IS NOT COVERED MAINTANENCE · Unhm~ted Telephone Support for the Licensed Software, ut~hzmg a toll-free hne provided by VisJonAIR Dunng each tarm of your software maintenance agreement, th~s telephone support w~ll be available during the hours specified in the Renewal Quotation for that particular term Standard 8 X 5 coverage is defined by the customer's t~me zone · In~tlal fact-finding (T~er 1) support for 3r~ party software embedded or used in conjunction w~th the apphcation software 0 e Microsoft products, Vislo, ArcV~ew, W~nBeep, Co-Standby Server, etc) · Correction of documented malfunctions ("bugs") in the apphcat~on software · Assistance ~n installing updates and new releases oflthe Licensed Software on your servers · Processing your request for changes to the Software wa the SIS process · Standard upgrades and enhancements that are mad~ to the Lmensed Software Vm~onAIR ~ssues corrections, upgrades and enhancements to the software on an ongoing basis V~slonAIR w~ll use commercially reasonable efforts tO update the Licensed Software as necessary to stay compliant with State and Federal requirements for crime reporting and ~nformation access All modifications to the Licensed, Software and related Documentation w~ll be sent to the customer on standard electronic medis (CD-ROM) and/or be ~nstalled as an executable utilizing the PAS connection When necessary, every agency w~ll provide access to ~ts network ~n order for the Help Desk to provide remote diagnostic services and to take corrective actions Each Agency w~ll make available a dedicated telephone line, modem and PAS connection for use by the Help Desk Additionally, each agency shall, ~f required by the Software L~cense Agreement and/or M~mmum Hardware Spec~fications, maintain the necessary remote nawgat~on software on their network (HetO~ at the time of thee Agreemant) so that the Help ~eek can propedy accass the VismnAIR software on your network BILLABLE SERVICES / NON- COVERED MAINTENANCE Support Technicians are not expected to be knowledgeable about the operating system or about ~nternal program functions If you request information of this nature, it will be logged and you will be contacted with an estimate to provide you assistance,~n this area Other billable services available are Making changes or corrections to costomer-estabhshed tables · Converting and / or recovering corrupted data f~les caused by hardware or operating system malfunctions · External system work beyond those hours provided for under your maintenance agreement · Data Migration services for new server or workstation installs · Repair of damage not caused by VlsionAIR, including without limitation, damage resulting from accident, transportation, neglect or m~suse, hghtmng, failure or fluctuation of electrical power, air conditioning or humidity control, telephone equipment or communication hnes failure, failure of foreign ~nterconnect equipment, or causes other than normal operating procedures · Repair of damage caused by installation of non-approved third party software(s) · Service which is ~mpractical for VlsionAIR to render because of alterations in the Lmensed Software made by persons other than VislonAIR w~thout receiving V~s~onAIR's prior written approval, the connection of equipment and / or Software by mechamcal or eleclrical means to another machine or device, or the physical inaccessib~hty of the equipment or Software · Any repair of damage to the Licensed Software caused by software or firmware programming that is not provided or supported by V~slonAIR · Creation of Ad Hoc Reports Billable services are provided at a standard rate of $75 00 per hour during standard business hours and $150 00 per hour during non-bus~ness hours Standard Bus~ness Hours are Monday through Friday, 8 a m to 5 p m in the customer's time zone Hours expended may not exceed 8 hours without written authorization by your agency Hourly rates are subject to change If at any time you feel that the Help Desk has not responded ~n a proper fashion, we encourage you to contact the Help Desk Diractor and / or Managers VislonAIR ~s committed to providing quahty support to you and your input w~ll provide us the needed ~nformatlon to make our Help Desk the best in our industry Page 6 ~oenda Item.~--~~ AGENDA INFORMATION SHEET Oate_ I AGENDA DATE: December/~ 2000 DEP~TMENT: Engineering & Transp~t~on C~C~ACM Dave Hdl~ 349-8314 SUBJECT Consider adoption of ~ ordinate approving a real estate contract be~een the C~ty of Denton ~d Umque Intematmnal, Ltd, relating to the purchase of approximately 0 010 acre of l~d being located m ~e B B B & C R R S~ey, Abstract No 186 of Denton Cowry, Texas for U S Htghway 77 Project, wtth tttle vesting m ~e State of Texas, authorizing the expenditure of f~ds ~erefor, ~d providing ~ effectwe date BACKG~ At the J~e 6, 2000 C~ Courted meeting Ordm~ce No 2000-199 w~ approved authorizing a final offer to be made to the prope~y owner, Mr Jo~ P~e~obon, Umque International, Ltd, Bedford, Texas for P~ce137 U S H~ghway 77 Project, p~or to the C~ty Attorney fihng condemnatmn aetmn to acqmre ~e needed right-of-way Upon fu~her negot~atlon dmlogue w~th Mr P~etrobon he has md~cated that he would consu~te the tr~sachon for ~ ~o~t of $5,000 00 Th~s ~o~t represents the final offer of $1,044 00 (fair market value as per o~ appr~ser) ~d addmonal cons~deratmn of $3,956 00 The ~ansact~on costs of condemmng the subject ~act would exceed the addmonal cons~deraUon of $3,956 00 It ~s ~ttc~pated that ~e Special Co~ssloner fees, fihng fees, updated apprmsal costs ~d expc~ w~mess fees would echpse ~e add~tmnal eons~deratmn Also, ~e awed ~ount for the ~act would be u~o~ Engmeenng Dep~ent ~d Legal Dep~ent resources would also be expended m prep~at~on ~d fae~htatmn of ~e condemnaUon process ~COMMENDATION' Staff reeo~ends approval of the re~ estate conWact between the C~ty of Denton ~d Umque Intemat~on~, Ltd for the p~ehase of 0 010 ~res ogled for right of way for U S H~ 77 Wtdemng Project E~ly on Mr P~etrobon md~cated that he w~ted the C~ty of Denton to p~ch~e the lot m ~ts entirety I have had interactive dmlogue wtth him on a monthly bas~s over the last two ye~s ~d he has sh~ed h~s pos~hon somewhat m our favor m that duration P~OR ACTION~VIEW (Council, Boards, Commlssmns) The Plying & Zomng Co~ss~on reco~ended approval on July 23, 1997 FISCAL INFO~ATION The total price brews down as follows, 452 squ~e feet x $2 31 per square foot ~or the r~ght of way equals $1,044 00, plus $3,956 00 ~ addmonal cOnSlderat~on (m hcu of conde~at~on) equals the total purchase price of $5,000 00 Closing costs ~e estimated to be approximately $750 00 1 MAP Attached ReSpectfully submitted Je~lrect~ Eng~neenng & Transportation Prepared by Paul Wflhamson R~ght-of-Way Agent ~ LOCATION'IIVIAP s· LOT 6B LOT 16 LOT 5A ~, ! ,~ ~ LOT 6A ~,/ ~ BLOCK 2 LOT 5B ~ LO~ ~ // Lb~ ~e 001 ACRE (452 TxDOT RIGHT-OF-WAY 0 164. ACRE GROSS - 0.010 ACRE TxDOT R-O-W = 0 154 ACRE REMAINDER CITY OF DENTON ENGINEERING & TRANSPORTATION DEPARTMENT RIGHT-OF-WAY DIVISION 1"=, 50' Planning and Zoning Minutes ,luly 23, 1997 Page 2 Ms Scher~z. Are there any other nomi,,~ons? If there We will vote on the nominees in the are none. nomln~ons are closed. order of their nomination I will list the£r name and fllen after I ~un through ff you will fa/se your right hand ff you are m favor. Az n~y as are m favor of ]~m Bngelbrecht please ra~e your r/ght hand. ore - 3) Az many az are m fay.or of E. ilen $chertz please ra/se your right hand (Vote The· by majority ,.~ Ellen Schertz Thank you - ) new Chair person For the second nomi,,ee we will be electing V~ce-Cha~r person The floor is open Ms. Apple' I would hke to nominate Bob Ms Schertz. Are there any further nomln~tlOns? Mr. Moreno. I would nominate lun Engelbrecht. Ms. $chert. z Are there any further nominations? Seeing none, nom,n~_Uom are closed As many as are m favor of Bob Powell, please~ raise your nght h~,d (Vote - 4) Seeing there is a majority, the new Vice-Chair person.will be Bob Powell Congratulauons. Consider approval of the minutes of the ./uly 9, 1997 meeting Ms Schertz Are there any corrections? Seeing none, thc minutes will stand approved as wrl~en Consider making recommendauon to the City Council for the acquisition of the Ihght-of- Way for U S. 377 from F M 21//4 to 1-35 Mr Powell That's not 377 but ~s 77 Ms $chertz You are correct Let the mioutes reflect that Mr Powell I would move that we recommend to the City Council the acqmsmon of Ih/hr~of-Way for US 77 from ~ 2194 to Ms Ganzer Second. Ms $¢hertz Is there any discu~sion? All m favor, please rinse your right l~nd Motion passes (7-0) Consider m~king recommenda~on to the City Council for the acqumt~on of the Ihght-of- Way for Lakevmw Boulevard Mr Powell I move that we make of the R/gh~-of-Way recommendation to the Czty Council for the acquhit~on for Lakevinw Boulevard. .Mr. P-,~elbrecht: Second. 5 S \Our Documents\Ordmances\OO\Unlqu~ International Ordinance doc ORDINANCE NO AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND UNIQUE INTERNATIONAL, LTD, RELATING TO THE PURCHASE OF APPROXIMATE 0010 ACRE OF LAND BEING LOCATED IN THE BBB & CRR SURVEY, ABSTRACT NO 186 OF DENTON COUNTY TEXAS FOR THE U S HIGHWAY 77 PROJECT, WITH TITLE VESTING IN THE STATE OF TEXAS, AUTHORIZING THE EXPENDITI. rKE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS 1 The C~ty Manager is hereby authorized to execute a Real Estate Contract ~E. CT~IO, N ..... ~ ~ ..... ~ temat~onal, Ltd m substantmlly the form of the Real between the ~l~y O! ~emon m~u ~muu,~ m Estate Contract whmh is attached to and made a part of th~s ordinance for all purposes, for the purchase of approximately 0 010 acre of land for the U S H~ghway 77 Project, w~th t~tle vesting ~n the State of Texas SECTION 2_ The City Manager is authorized to make the expenditures as set forth ~n the attached Real Estate Contract ~SECTION 3. This ordinance shall become effective tmmedlately upon its passage and approval PASSED AND APPROVED tlus the __ day of ., 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERB~~TTORNEY BY REAL ESTATE cONTRACT STATE OF TEXAS COUNTY OF DENTON THIS CONTRACT OF SALE is made by and between UNIQUE iNTERNATIONAL, LTD. (herexnafter referred to as ,,Seller") and CITY OF DENTON, TEXAS, a home rule municipality, of Denton, Denton County, Texas, (hereinafter referred to as ,,Purchaser"), upon the terms and conditions set forth herein PURCHASE AND SALE Seller hereby sells and agrees to convey, and Purchaser hereby purchases and agrees to pay for all that certain tract, lot or parcel of land described in Exhibit "A" attached with all rights and appurtenances pertaining to the sa~d property, zncluding any right, title and interest of Seller in and to adjacent streets, alleys or rights-of-way (all of such real prop- erty, rights, and appurtenances being hereinafter referred to as the ,,Property"), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisions, and conditions hereinafter set forth Seller shall pay all cost for the removal, installation, construction, reinstallation, reconstruction, labor and materials for any and/or improvementS located w=thin the property descr=bed ~n Exhzbit "A" Any ~mprovementS not removed by December 31, 2000 shall become property of the C~ty of Denton, Temas PURCHASE pRICE 1. Amount of Purchase Pricg. The purchase price for the Property shall be the su/n of $5,000.00 2 p~ayment of Purchase p_r~¢e The full sanount of the purchase Price shall be payable in cash at the closing PURCHASER'S OBLIGATIONS The obligations of Purchaser hereunder to consuamnate the transactions contemplated hereby are subject to the satisfaction of each of the following conditions any of which may be waived in whole or in part by Purchaser at or prior to the closing. i Preliminary Title Report within twenty (20) days after the date hereof, Purchaser, at Purchaser's sole cost and expense, shall have caused the Title Company (hereinafter defined) to issue a owners policy commitment (the ..Commitment") accompanied by copies of all recorded documents relating to easements, r~ghts-of-way, etc., affecting the Property. Purchaser shall give Seller written notice on or before the expiration of ten (10) days after Purchaser receives, the Commitment that the condition of title as set forth in the commitment ~s or is not satisfactory. In the event Purchaser states the condition of title is not satisfactory, Purchase shall, at Purchaser's option, promptly undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser In the event Purchaser is unable to do so within ten (10) days after receipt of written notice, this Agreement shall thereupon be null and void for all purposes; otherwise, this condition shall be deemed to be acceptable and any ob]ec~on thereto shall be deemed to have been waived for all purposes 2 Survey. Purchaser shall, a~ Purchaser's sole cost and expense, obtain a current survey of the Property, prepared by a duly licensed Texas land surveyor acceptable to Purchaser. The survey shall be staked on the ground, and shall show the location of all improvements, h~ghways, streets, roads, railroads, r~vers, creeks, or other water courses, fences, easements, and rights-of- way on or adjacent to the Property, ~f any, and shall contain the surveyor's certificat~on that there are no encroachments on the Property and shall set forth the number of total acres comprising the Property, together w~th a metes and bounds description thereof. Purchaser will have ten (10) days after receipt of the survey to review and approve the survey In the event the survey Ks unacceptable, then Purchaser shall within the ten _(1Q~ day pe~od, give Seller written notice of this fact ~I~~/~all, ~2~'~%¢{~'S option, promptly undertake to elxm~nate or modify the unacceptable portions of the survey to the reasonable satxsfaction of Purchaser. In the event Seller is unable to do so within ten (10) days after receipt of written notice, Purchaser may terminate this Agreement, and the Agreement shall thereupon be null and void for all purposes and the Escrow Deposit shall be returned by the Tmtle Company to Purchaser Purchaser's failure to give Seller this wrxtten notice shall be deemed to be Purchaser's acceptance of the survey 3. Seller's Compliance. Seller shall have performed, ob- AEE008FE PA~E 2 8 served, and complied with all of th~ covenants, agreements, and conditions required by this Agreement to be performed, observed, and complied with by Seller prior to or as of the closing. REPRESENTATIONS AND WARRANTIES OF SELLER Seller hereby represents and warrants to Purchaser as follows, which representations and warranties shall be deemed made by Seller to Purchaser also as of the closing date' I There are no parties in possession of any portion of the Property as lessees, tenants at suff,erance, trespassers or other parties. 2 Except for the prior actions of Purchaser, there is no pendin~ or threatened condemnation or similar proceeding or assessment or suit, affecting title to the Property, or any part thereo~, nor to the best knowledge ~and belief of Seller =s any such proceeding or assessment contemplated by any goverrunental authority. 3. Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and ~estr~ct~ons relating to the Property, or any part thereof. 4. To the best of the seller~s knowledge, there are no tox=c or hazardous wastes or materials on or within the Property. Such toxic or hazardous wastes or materials include, but are not limited to, hazardous materials or Wastes as same are defined by the Resource Conservation and Recovery Act (RCRA), as amended, and the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), as amended. CLOSING The closing shall be held at the office of First American Title, Company, 300 N Elm Street~ Denton, Texas 76201 on or before Decer0ber 31, 2000, or at such t=tle company, time, date, and place as Seller and Purchaser may mutually agree upon (which date is herein referred to as the .closing date"). CLOSING REQUIIREMENTS 1. Seller,s Requirements At the closing Seller shall= A. Deliver to CITY OF DENTON, TEXAS, a MUNICIPAL AEE008FE PAGE 9 CORPORATION, a duly executed and acknowledged Deed in the form as attached hereto as Exhibit ~B" conveying good and marketable title to all of the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the following~ 1. General real estate taxes for the year of closing and subsequent years not yet due and payable, 2. Any exceptions approved by Purchaser pursuant to Purchaser's Obligations here- of; and 3. Any exceptions approved by Purchaser in writing. B. Deliver to Purchaser a Texas Owner's Policy of Title Insurance at Purchaser's sole expense, zssued by First American Title Company, Denton, Texas, (the "Title Company"), or such title company as Seller and Purchaser may mutually agree upon, ~n Purchaser's favor in the full amount of the purchase price, ~nsurlng fee simple t=tle for the State of Texas to the Property sub3ect only to those t=tle exceptzons l~sted in Closlnq Requzrements hereof, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Policy of Title Insurance, provided, however 1. The boundary and survey exceptions shall be deleted if required by Purchaser and if so required, the costs associated with same shall be borne by Purchaser, 2. The exception as to restrictive cove- nants shall be endorsed "None of Record", 3. The exception for taxes shall be limited to the year of closing and shall be endorsed "Not Yet Due and Payable", and 4. The exception as to liens encumbering the Property shall be endorsed "None of AEE008FE PAGE 4 l0 Record". C. Deliver to Purchaser possession of the Property on the day of closing. 2. Purchaser.s Requirements. Purchaser shall pay the consideration as referenced in the "Purchase Price" section of this contract at Closing in i~mediately available funds 3. Closin~ Costs. Seller shall pay all taxes assessed by any tax collection authority through the date of Closing All other costs and expenses of closing in consummating the sale and purchase of the Property not speclfically allocated here~n shall be paid by Purchaser, except for seller's attorney's fees. REAL ESTATE COMMISSION All obligations of the Seller and Purchaser for payment of brokers' fees are contained in separate written agreements. BREACH BY SELLER In the event Seller shall fail to fully and tamely perform any of its obligations hereunder or shall fa=l to consummate the sale of the Property except Purchaser~s default, Purchaser may either enforce specific performance of thzs Agreement or terminate this Agreement by written not~ce delivered to seller. BREACH BY PURCHASER In the event Purchaser should fa~l to consummate the purchase of the Property, the cond=tions to Purchaser~s obligations set forth in PURCHASER~S OBLIGATIONS hav~ng been satisfied and Purchaser being in default Seller may e~ther enforce specific performance of this Agreement, or terminate this Agreement by written notice delivered to purchase~ MISCELLANEOUS 1. Assi~runent of A~reement. Th~s Agreement may be assigned by Purchaser without the express written consent of Seller. 2. Survival of Covenants. Any of the representations, war- ranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated AEE008FE PAGE 5 hereby $hall survive the closing and shall not be merged therein 3. Notice. Any notice required ~r permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth beneath the signature of the party 4. Texas Law to ADDi¥. This A~reement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. 5 Parties Bound. This Agreement shall be binding upon and · nure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Agree~nent 6. Legal Construction. In case any one or more of the pro- visions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable ~n any respect, sa~d in- validity, illegality, or unenforceabillty shall not affect any other provision hereof, and this Agreement shall be construed as ~f the invalid, ~llegal, or unenforceable provision had never been contained here~n. 7. Prior Agreements Superseded Thzs Agreement constitutes the sole and only agreement of the part~es and supersedes any prior understandings or written or oral agreements between the part~es respectzng the within sub]ect matter. 8. Time of Essence Time is of the essence in this Agreement 9. Gender Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular nua%ber shall be held to,~nclude the plural, and vice versa, unless the context requires o~herwlse 10. Memorandura of Contract. Upon request of either party, both parties shall promptly exeoute a memorandum of this Agreement suitable for filing of record 11. ComDliance. In accordance with the requzrements of the Texas Real Estate License Act, Purchaser zs hereby advised that it should be furnished with or obtain a policy of title insurance AEE008FE PAGE 6 12 or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection. 12. Time Limit. In the event a fully executed copy of this Agreement has not been returned to Purchaser within ten (10) days after Purchaser executes this Agreement. and delivers s~me to Sel- ler, Purchaser shall have the right to terminate this Agreement upon written notice to Seller. DATED thzs ~ ? ~day of .F~~ /.,~ , 2000. SELLE~ P~C~S~R UNIQUE INTERNATIONAL, LTD. THE CITY OF DENTON, TEXAS ~' -- BY PRI D NAME. ~ ~//~ / //~//¢o~/~ Mzchael W. Jez TITLE: ,/~ ~g/~ ]~ City Manager 215 E. McKinney Denton, Texas 76201 APPROVED AS TO LEGAL FORM: HERBERT L PROUTY, CITY ATTORNEY BY: STATE OF TEXAS COUNTY OF This instruanent is acknowle.~ged before me, ~n th~s ~6J~ day of , 2000 by , ~.~ ~,~.%%~(~, ~+A , kno~ to me to be the person an~ officer who'se n~e is subscribed to the fore~oin~ instr~ent and acknowledged to me that the s~e was the act of the said Unite Internatmonal, Ltd~ ~ Notary Pubiic in ~ for the State of Texas ~E008FE PAGE 7 ~ X3 EXHTBIT 'B" Tex~s Depsmnent of* Tm~ DEED ~ ~A~ OF ~ ) CO~ OF } ~OW ~L ~N BY ~SE P~SE~S: of ~he Co~m~y of , State of TeXas, h~mafler referred to as (3ramors, whe~ one or mom, for ~ m co~on of ~ ~ ~ , Do~ ($ ) to O~o~ SAVE and ~CE~, HO~ k by ~e S~e'~ ~mg, ~d fi, ~r ~y m~on~ G~m ~ or ~se m ~ove s~e w~ smd ~nod of t~e pms~b~, i~n, w~ou~ ~y ~ comid~o~ ~ ~e m ~ or ~y p~ of such ~pmvemen~ no~ so ~moved s~ p~s ~o ~ v~ ~e S~e ~T~ fo~. of m~ss ~ e~ss ~o ~ ~ ~of for ~e ~o~ of ~lo~g, ~v~opmg, ~g or ~g for s~e, howev~, not~g m 14 Texas Depnmnent of Transpor,'o,on Form D-15-14 Page2of3 Rev. 9/91 ,~ TO HAVE AND TO HOLD tho prenuses hen~in described and hereto conveyed together with all and singular,the rights and appurtenan .ces thereto in any wlse helong~ng unto the State of Texas and tis assigns forever;, and Grantors do hereby brad ourselves, our hetrs, executors, admunstrators, successors and as- slgras to W..arrant and Forever Defend ail and sin~n, ln~ ~he said prenuses hereto conveyed unto the State of Texas and its assigns against every person whomsoever lavrfully claunmg or to e!~,m the same or any part the~of IN WITNESS WIt~REOF, ~ instrument ,* execUted on th~ the day of ,19 ACKNOWLEDGMENT THE STATE OF TEXAS, ] COUNTY OF } BEFORE ~ the undersigned, a Nota~/Public, on this day pe~onally appeared , known to me (or proved to me on tho oath of , a c~dible witness,) to be the person(s) whose name(s) is (axe) subscribed to Ihe foxegomg instalment and acinowledged to me thnt he/she/they executed the same for the OIVF.~ UNDER MY HAND AND SEAL OF OFFICE, this day of ,19 Nota~ Public, State of Texas CORPORATE &CKNOWLEDGMENT THE STATE OF TE~S, } CO~ OF ) B~O~ ~ ~ ~ni~d, a No~ ~bHc, ~ ~ ~y ~o~y ~p~d of I , ~own to me ~ ~ ~e ~on ~d offi~ wh~ ~e ~ ~b~ m ~ ~gomg ~ent ~ a~owi~g~ to me ~ ~ ~e w~ ~e act of ~e s~d , a co~o~go~ ~t he/she w~ d~y ~ m ~ ~e s~e by ~e ~flm of~ ~ of~m~ of~ c~flon ~d ~ ~/s~ ~ted ~ ~e ~ ~e a~ of ~ c~o~ f~ ~ ~ ~ ~ld~ ~ e~ md ~ ~e ~act~ O~ ~ MY ~ ~ S~ ON 0~, ~s ~y of ,19 Nota~ l'ub~, State o.e T~x~s My Commission expL, ea on, the day of ,19 T~x~. Deps~ment ot' TranR' t~on Poem Pep~o~3 Rev 9~91 ' After recordfng plense return rids fnstrument to: CERTIFICA. TE OF RECORDING THE STATE OF TEX~S, ~ COU~7I~ ON ~ 16 E~HIBIT County ~ Page I of 1 Highway U.S. 77 Project Umits.' From I.H. 35 Rev October 27, 1994 To U.S. aec CSJ ~ Account FIELD NOTES FOR PARCEL 37 BEING A PARCEL OF LAND SITUATED IN A TRACT OF L~ND CONVEYED TO BILL McCLELLAN, TRUSTEE, RECORDED IN VOLUME 2899, PAGEEg, DEED RECORDS OF DENTON COUNTY, TEXAS (DRDCT), SAME BEING OUT OF BLOCK 2, LOT 18 OF THE SNIDER ADDITION, SECTION ONE, RECORDED IN CABINET D, PAGE 113, MAP RECORDS OF DENTON COUNTY, TEXAS [MRDCT), AND BEING SITUATED IN THE B.B B & C R R SURVEY, ABSTRACT NO. 186, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS~ COMMENCING for reference at a found 1/2-Inch Iron rod for the northeast corner of said Lot 18 and the southeast corner cf Lot 17, Block 2 cf said Snyder Addition, same belrlg a point In the ax~stJng west right of way line of Windsor Drive (a 60-foot right of way) and said point being in a non-tangent circular curve to the right having a radius of 810.83 feet, THENCE along the east property line of said Lot 18 and along ea~d curve to the right through a delta angle of 05° 11' 09', an arc d~atance of 46 23 feet, and having a chord which bears S 31 ° 18' 49' W, a d~stance of 46 22 feet to a eat 8/8-1nch rod for the POINT OF BEGINNING, being in the new north right of way line of U S 77, and being in a non-tangent circular curve to the r~ght hawng a radius of 510 83 feet, (1) THENCE continuing southwesterly, along the east I~ne of sa~d McClellan tract and along sa~d curve to the right through a delta angle of 02~ 46' 35', an arc distance of 24.75 feet, and having a chord which bears S 35 ~ 06' 06' W, a distance of 24 75 feet to a point for the southeast corner of said Lot 18, same being a point on the ex~sting north right of way hne of U S 77, (2) THENCE N 58° 09' 24' W, along a I~ne common to sa~d McClellan tract and sa~d ex~stmg north right of way llne of U.S. 77, a d~etance of 84 70 feet to a set 5/8-inch iron rod with an aluminum cap, said point being on the new north right of way line of U S 77, and being In a non-tangent circular curve to the left having a radius of 37159 72 feet, (3) THENCE southeasterly, along the new north right of way line of U S 77, and along ea~d curve to the left, through a delta angle of O0~ 58' 25", an arc d~stance of 63 89 feet, and hawng a chord which bears S 62~ 14' 30" E, s distance of 63 89 feet to a set 5/8-Inch iron rod w~th an aluminum cap, (4] THENCE N 79 o 49' 43' E, with the new northlright of way line of U S 77, a distance of 30 12 feet to the POINT OF BEGINNING, and containing 0 010 acre, or 452 square feet of land, more or less John F. Wilder, R.P.L.S. Date Texas No. 4285 17 ~oenda item ~(~/ AGENDA INFORMATION SHEET 0ate /~ AGENDAI DATE' December/~, 2000 DEPARTMENT' Engineering & Transport~ti.on CM/DCM/ACM: Dave Hlll~ 349-8314 SUBJECT Cons]der adopt]on of an ordinance authorizing the City Manager of the City of Denton, Texas to act on behalf of the City of Denton ]n executing the owner's certificate of a final plat of Lot 1, Block A, Meredith Additmn, and providing an effective date BACKGKOUND The City Council at the July 25, 2000 meeting approved thc acqmsition of this 3 13 acres parcel to be ut]hzed as an Electnc Substation Facd]ty by Denton Mumc]pal Electric The development process of'the property required a General Developmen~ Plan (GDP), Prehmlnary Plat and Final Plat of the,property The Planmng and Zomng Commission at the November 8, 2000 approved the GDP, Prehminary and Final Plats All o£the subdivision requirements have been met and the last step to,completing the development process ]s to file the Final Plat RECOMMENDATION Staff recommends approval of the Ordinance authorizing the City Manager to act on behalf of the City of Denton In executing the owner's certificate of the final plat of Lot 1, Block A, Meredith Addition PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Planning and Zoning Commission approved the final Plat at the November 8, 2000 meeting FISCAL INFORMATION Denton County Clerks Plat F]hng fee of approximately $100 00 MAP Attached Respectfully submitted En~neering & Transportation _~ed by Paul Wilhamson Right-of-Way Agent I S \Our Documents\Ordmances\00\Certfficate of Final Plat Ordtnance doc ORDINANCE NO AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF DENTON, TEXAS TO ACT ON BEHALF OF THE CITY OF DENTON IN EXECUTING THE OWNERS' CERTIFICATE OF A FINAL PLAT OF LOT 1, BLOCK A, MEREDITH ADDITION, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the C~ty Manager ~s authorized to act on behalf of the C~ty of Denton ~n executing the owners' eertfficate of a final plat of Lot 1, Block A, Meredith Add~Uon, a copy of which final plat ~s attached hereto and made a part hereof SECTION 2 That th~s ordinance shall become effective ~mmedmtely upon ~ts passage and approval PASSED AND APPROVED fins the __. day of ., 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 2 ~ ~ ~ ~ ~_ - - ,~ZGZe ~.00~00 s ~ { - - - - - ~ --~ ~> ou ~0~ ~m ~a ~c ~ooo~ ~ · = [,oo,,,,,, ,,,,,, I,!1.,....~ ...... 3 AGENDA INFORMATION SHEET AGENDA DATE: December/~, 2000 DEPARTMENT: Engineering & Transporta~on CM/DCM/ACM: Dave l-hll. 349-8314 "~ SUBJECT Consider approval of a resolution approving a nghr-of-Way use agreement between the City of Denton, Texas and Sally Beauty Company, Inc, and declanng an effective date BACKGROUND On November 22, 2000, Brian Thorkfldsen, Sally Beauty Company, Inc requested use of the Morse Street right-of-way to establish voice and data lllllks to an office facility across the street from their corporate headquarters They propose to install three, 2-inch high density polyethylene condmts across Morse Street by a boring operation As stipulated in the agreement, no open cutting of the pavement will be allowed and the conduits shall be ~nstalled with a mlmmum cover of 36 inches RECOMMENDATION Staff supports approval of the agreement FISCAL INFORMATION None Respectfully submitted Eh'~neerlng & Transportation Pried by /] Paul Wllhamson Right-of-Way Agent ' Location Map _ _.-=q~ ~, D~:~--_ .,,,.,,,i ,,,, ¢' ,, ~,, .~,~,,,~~h~]¢' ~ _. ~ ~ ~ / S \Our Documents\Resolutlons\00\Sally Beauty Supply ROW Resolutton doc RESOLUTION NO A RESOLUTION APPROVING A RIGHT-OF-WAY USE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND SALLY BEAUTY COMPANY, INC, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HERBY RESOLVES SECTION 1 That the City Council of the City of Denton hereby approves a Raght-of- Way Use Agreement between the City of Denton and Sally Beauty Company, Inc, a copy of which is attached hereto and incorporated by reference herein, and the City Manager is hereby authorized to execute smd Agreement on behalf of the City SECTION 2 That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED tlus the __ day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PRO,UTY, CIT~YY/~2TORNEY S \Our Doeuments\Contrauts\OO\Sally Beauty Supply ROW doc RIGHT-OF-WAY USE AGREEMENT THE STATE OF TEXAS § COUNTY OF DENTON § The City of Denton, hereinafter referred to as '~Clty" does consent and agree to permit Sally Beauty Company, Inc, hereinafter referred to ,as "Applicant", to use a right-of-way dedmated to City, such right-of-way being described m Exbabat No 1 attached hereto, for the purposes of mstalhng three T'condmt p~pes w~th a mm~r~um cover of 36"and upon the following conditions The ¢ondmt pipes shall be installed only at the location shown on Exhibit No 1 All installations shall be conducted by bonng underneath the surface of the subject street right-of- way Absolutely no disruption of street surfaces are permitted I The APPLICANT, his successors or assigns shall maintain and keep m sightly conditmn all of the right-of-way area and the improvements situated thereon, and that CITY shall not become responsible for such maintenance at any time mlthe future II The APPLICANT shall and does hereby agre~ to mdemmfy and hold harmless CITY from any and all damages, loss or habthty of any kind '~hatsoever by reason of injury to property or third person occasioned by its use of the nght4of-way or act of om~ssmn, neglect or wrongdoing of APPLICANT, his officers, agents, employees, mvltees or other persons, with regard to the improvements and mamtananee of such m~provements, and the APPLICANT shall, at bas own cost and expense, defend and protect CITY against any and all such clams and demands III The APPLICANT shall purchase and mamtmn ~Commermal General Liability Insurance naming the CITY as an "additional insured" for damages arising from the construction and maintenance of the improvements authorized above w~th a limit of not less than $250,000 00 for each person and $500,000 00 for each single occurrence for bodily injury or death and $100,00 00 for each single occurrence for injury to or destruction of property IV The APPLICANT shall arrange for all aenwtle~and ,mprovements m the ngba-of-way to be d~scon~mued and/or removed, at the dlrecUon of cITY, wltban thirty (30) days of notfficat, on by CITY,,that the City Cotmcfl has d~rected the use o~the right-of-way by the APPLICANT be discontinued, and the cost associated with the d~scontlrm~ng of such activities, and the removal of such improvements, as well as property adjacent to the right-of-way necessitated by such discontinuation of the right-of-way use, shall be borne by the APPLICANT 4 S \Our Documents\Contracts\00\Sally Beauty Supply ROW doc I V The APPLICANT, his successors or assigns shall not seek compensation fi.om CITY for loss of the value of the improvements made hereunder when such improvements are required to be removed by APPLICANT VI Th~s Agreement shall be filed of record in the Deed Records of Denton County, Texas, and shall bind all future owners of th~s lot and shall for all purposes be considered a covenant running with the land, IN TESTIMONY WHEREOF, APPLICANT executes this R~ght-of-Way Use Agreement on this day of ,2000 City of Denton Sally Beauty Company, Inc By By: City Manager Apphcant Attest Jenmfer Walters, City Secretary Approved as to Form 5- ~- ,-,~ .-'-. ,- ...... SITE MAP .', , ~ Exhibit No. 1 I S AI I V BEAUTY i COMPANY, c DATE November 28, 2000 TO The City of Denton, Texas Sally Beauty Company Inc is ~n need of additional space for its growing work force m Denton In order to accommodate that need, Sally has recently acqmred 16,000 square feet of expansmn space m a building located directly across the street from its corporate headquarters at 3900 Morse Street ~n Denton Sally w~shes to be granted penmssmn for a '*Paght of Way" permit from the City of Denton to create an underground connection between their main building at 3900 Morse Street and ~ts newly acqmred facility across the street at 3901 Morse Street Sally was told by its drflhng contractors that they would obtain all the required permits from the C~ty of Denton They failed to do so Sally now urgently needs to move some of ~ts workforce over to the new facility by January 15~h, 2001 Therefore, we ask that you please grant Sall~ Beauty Company a reprieve to allow them to be added to the agenda for the Denton City Council MeeUng dated Tuesday, December 12, 2000 for cons~deratmn of this matter Thank You Philip Lmdsley, III Vice President, Management Information Serwces NOV 28 2000 '7 P 0 Box 490 (76202) 3900 Morse St (76208) Denton, Texas (940) 898-7500 V BEAUTY COMPANYoNc. Paul Wdhamson November 28, 2000 Rift-of-Way Agent City of Denton - City Hall West Eng~neenng ~d Tr~spo~atmn ~oup Denton, Tex~ 7~201 Voscc 940-349-83~8 F~ 940-349-8376 i De~ Paul, Ple~e consider th~s o~ fo~al request for a "right-of-way" pe~t between the followtng locations Sally Beauty Co Sally Beauty Co (Old Moore Bus~ness Fo~s bud&ng) 3900 Morae S{reet 3901 Mora~ Street D~ton, Tax~ 76208 Denton, Tokas 76208 We need to relocate some of o~ staff ~om o~ Co. orate facility on 3900 Morse Street to the exp~smn famhty at 3901 Morse Street (&rectly across the street) ~e 3901 Morse Street faed~ty ~s o~tly yacht We have access to ~t now We pl~ to occupy the 3901 Morse Street facd~ty by J~ 15~h, 2001 We need a pe~t to ~ll ~der Morse Street ~ soon as possible We pl~ to use Ry~ B~er orB & W Utfimes out of S~ger (Also ~ow as B & W Bac~oe) ~ey utd~ hon~ntal &rect~onal bonng equtpm~t We pl~ to ~nstall three 2" H D P E condmts ~d~ Morse Street as sho~ ~n the drawing supphed ~ese condmts wdl be needed to estabhsh a vmce ~d dam hnk to the remote facd~ty PROPOSI~D TIMELINE' · Nov 27th, 2000 City of Denton to measure location of proposed dnlhng site · Dec Ist, 2000 Sally Beauty will take full possession of the 3901 Morse Street facility · Dee 12~h, 2000 City Council to meet and discuss p~oposed dnlhng · Dec 14t", 2000 L C Draper (City) to :ssue Permit (to drill under Morse Street) · Dec 18th, 2000 Dnlhng to begin · Dec 20th, 2000 Drilling to complete · Jan 2"~, 2000 Sally contractor to start pulling wire linking the two buildings · Jan 5t", 2000 Sally contractor to complete pulling wire linking the two bmldtngs · Jan 8th, 2000 Sally contractor to start pulling wir$ inside the 3901 Morse facility · Jan 12th, 2000 Sally contractor to complete pulling wire inside the 3901 Morse facility · Jan 15th, 2001 We plan to occupy the 3901 Morse IStreet facility and begin moving select departments over from Corporate Please call me if you have any questions about this Sincerely, /. _ '~, '"~ Brian Thork:ldsen Director of Technical Services Voice 940-898-7750 '~ Fax p 09~0o~<348~(~ ~67~ 2 ) 3900 Morse St (76208) Denton, Texas (940) 898-7500 Willis-Chio&~o 11/30/00 3 0B PAGE 2/2 RightFAX ~--*""~"o~h Amenee Ine - Regional Ce~ Center ~j~~ i ~ER~I ICA' E IS FSSUED AS A MA~ OF INPu. MA~ON ONLY iAND ~N~RS ~ R~8 U~N ~E CER~RCATE 11201 N Tatum B~levard HOLDER THIS CER~RCA~ ~E5 NOT AMID, E~ND OR 8uEe 300 AL~R ~E COVERAGE A~OR~D BY ~E POLICIES BELOW Pheemx AZ 86028 COMPANIES A~DING COVERAGE (877) 559 6769 c~PXNY~raveleraT I~lc Indemni~ Company of Ilhnois A BALLY B~UTY COMPANY, INC A~N MANDY FRAZIER C 3900 MORSE STRE~ DENTON TX 76208 c~p~v ~ D ~C~SlONS AND CONDITIONS OF SUCH POUCIEa UM~TS SHOWN ~Y HAVE eSEN REDUCEE~ PAID C~IM8 A QENERALm. I~ rC~GLSA280K$~1TILO0 OI~EG2O~ 01 DE~2001 GENERALAGGRE~TE ~ 4,000,000 ~ ~n~rsc~e~xa~ ~ 2 000,000 I C~*MS M~ ~CUn ~en~A~ ~ ~ov~unY $ __ ~ .~ 0 0,0 0 0 The C~ty of Benton are included as an additional insured as respect above General Liability. AGENDA DATE. December/~], 2000 DEPARTMENT: Fiscal Operations ACM Kathy DuBose Servlces~ F~scai and Municipal SUBJECT Consider approval of a resolution revising Admimstrat~ve Policy No 408 05 "Debt Service Management" and providing for an effective date BACKGROUND The C~ty's Debt Management Policy 403 07 was developed m 1995 and adopted by Cotmcfl on March 5, 1996 The City's Bond Counsel, Ted Brlzzolara of McCall Parkhurst & Horton, and Fmancml Adwsor, David Medanmh of F~rst Southwest Company, have extensively reviewed the proposed policy All of their comments and recommendations have been ~ncorporated into the proposed pohcy A table of contents for the proposed policy is attached for your reference As you can see, several new sections have been added to provide a more comprehensive pohcy The policy has been updated to reflect changes ~n legislation since 1995, as well as, to reflect changes in the goals and objectives of current management practmes It has also been revised to provide for flex~bfllty in addressing long-term needs, and, to provide the general framework in guiding the City's practices related to the issuance of debt A primary responslblhty of the Finance department ,hes in the fiduciary duties F~scal pobeles are developed to help enforce sound practices They can add stability to a C~ty's operations and help maximize credit ratings Rating agenmes have always given consideration to finance management practices an ass~gmng bond ratings Therefore, best practices promoting efficiency in government and solvency ~n public finance have been identified and chssemmated by the Government F~nance Officers Association of U S and Canada (GFOA) GFOA acknowledges that each issuer ~s different, while at the same t~me, it provides all ~ssuers a common set of gurdehnes that will apply across market conditions Th~s results m a set of recommended practices that ~s designed to offer gmdance while allowing for flembfllty The recommended practices pubbshed by GFOA were referred to and incorporated, where appheable, to the City's proposed debt management pohcy Strong debt management practices are evidenced, by comprehensive debt pohcy statements and d~scuss the types and methods of financing employed by ~ssuers Furthermore, they can be used to assist pohcymakers an lowenng the cost of borrowing and increasing accountabflay to the taxpayers The new sections mclude SecUon IV "Responsibility and Standard of Care", Section VI "Disclosure", Section VII "Rating Agency Communications & Credit ObJectives", Section VIII "Limitations of Indebtedness", Section IX "Types of Debt", Section X Bond Structure" and "Glossary" PRIOR ACTION/REVIEW Th~s item was presented and discussed at the City Council Worksess~on on December 5, 2000 City Council recommended that staff place the pohcy on the agenda of the next regular meeting for approval The proposed pohcy was reviewed and discussed at the Debt Committee meeting on September 25, 2000 They unanimously approved and recommended that ~t be forwarded to Council for approval FISCAL INFORMATION The approval of th~s item has no fund reqmrements of the City Respectfully submitted Director of Fiscal Operations PROPOSED POLICY TABLE OF CONTENTS Page Number I Purpose 1 (Revised) II Scope 1 (New) Iii Debt Management Committee 1 (Rewsed) A Members 1 (Remsed) B Scope 1 (Rewsed) IV Responsibility and Standard of Care 2 A Delegation 2 (Rewsed) B Conflmts of Interest 2 (New) C Reporting 2 (New) D Investor Relations 2 (New) E Fmancml Adwsor 3 (Rewsed) F Bond Counsel 3 (New) V Official Statement 3 (Rewsed) VI Dtselosure 4 (New) A Definmon 4 (New) B Material Events 4 (New) VII Rating Agency Commumcatmn and Credit Objecuves 5 (New) vm Llmatatmn of Indebtedness 5 (New) IX Types of Debt 6 (New) X Bond Structure 7 (New) XI Short Term Debt 7 (Rewsed) XII Long Term Debt 9 (Rewsed) A General 9 B Bonds 9 C Certfficates of Obhgatmn 10 D Pubhc Property Finance Contractual Obhganon 10 E Revenue Bonds 10 XIII Refunding and Restructunng Option 10 XIV Method of Sale 11 (New) A Competitive Sale 11 B Negotmted Sale 11 C Private Placement 12 D B~ddmg Parameters 12 XV Investment of Bond Proceeds 12 (New) A Strategy 12 (New) B Arbitrage Comphance 12 (New) C Arbitrage Lmbfllty Managemem 13 (Rewsed) D Reporting 13 (New) Glossary 14 (New) 2 CITY OF DENTON ?^GE 1 oE POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER SECTION FINANCE 403 07 INITIAL EFECTIVE DATE SUBJECT DEBT MANAGEMENT 03/05/96 LAST REVISION DATE TITLE DEBT SERVICE MANAGEMENT PROPOSED DEBT POLICY I PURPOSE This policy shall provide general guidelines by which thc C~ty of Denton "thc City" will issue debt It is the objective of this pohcy that (1) the City obtain financing only when necessary, (2) the process for Identifying the timing and amount of debt or other financing, proceed as efficiently as possible, and (3) thc most favorable interest rate and other costs be obtmned II. SCOPE This debt management policy applies to the financing act~vmes of the C~ty of Denton, Texas It also addresses the issues of process, use and hmltat~ons Obhgatmns will be timed for issuance and delivery of proceeds as close as possible to the t~me that contracts are expected to be awarded so that the proceeds are spent in the most efficient manner IlL DEBT MANAGEMENT COMMITTEE A Members There m hereby created a Debt Management Committee ("the Committee") consisting of the City Manager, Assistant City Manager of Utilities, Assmtant City Manager of Fiscal & Municipal Services, Director of F~scal Operations, Director of Management & Budget, and, Financial Advisor and Bond Counsel as ex-officio members B Scope Thc Committee shall meet as necessary to review the debt program Included in its discussions will be such topics as the Capital Improvement Program, stares of financed projects, timing of additional financing needs, the effect of proposed financing activity on the related rates supporting the debt (1 e property tax rate, utility rates, user fees, etc ) Page 2 of 1 POLICY/ADMINISTRATIVE PROCEDURE/ADMINiSTRATIVE DIRECTIVE (Continued~ I~i~'~KENCE NUMBER ITITLE DEBT SERVICE MANAGEMENT 403 07 IV RESPONSIBILITY AND STANDARD OF CARE The Fiscal and Municipal Services Department will coordinate all activities required for the issuance of all debt A Delegation The primary individual who shall be linvolved in the development of financing recommendations will be the Director of Fiscal Operations The Assistant City Manager of Fiscal & Municipal Services shall be responsible for all debt financing activities and shall establish a system of controls to regulate the aetlmUes of the Director of Fiscal Operations B Conflicts of Interest All participants in the debt management process shall seek to act responsibly as custodians of public assets Officers and employees involved in the debt management process shall refrmn from personal business activity that could conflict with proper execution of the,financing program, or which could impair their ability to make impartial financing decisions C Reporting The Director of Fiscal Operations shall prepare at least annually a report summarizing all debt outstanding by, type (tax supported and revenue backed), remalmng balance of bond proceeds, update of arbitrage liability, and update of pertinent legislative changes D Investor Relations The City shall endeavor to maintain ~a positive relatlonstup with the investment commumty The Director of F~scal Operations and the City's Financial Advisor shall, as necessary, prepare reports arid other forms of commumcat~ons regarding the City's indebtedness, as well as~lts future financing plans This includes information presented to the press and other media The mformatmn includes annual program of services, comprehensive annual financial report, financial plans, capital improvement plans, comprehensive development plans, etc All forms of media deemed appropriate and immediately available to the City will be utilized to disseminate information to all investors Examples include Texas Municipal Report, The Bond Buyer, Nationally Recognized Municipal Security Information Repository and State Information Depository Bond Counsel will advise on the use of electronic medla,m connection with the City's debt program 4 Page 3 of 19 POLICY/ADMINISTRATIVE PROf~I~.I)URE/ADMIN~STRATIVE DIRECTIVE (Continued) E Financial Advisor The City shall retain an independent Financial Advisor for advice on the structunng of new debt, financial analysis of various options, the rating review process, marketing debt issues, marketablhty of City obligations, sale and post- sale services, the review of the official statement and other services as necessary The City will seek the advice of the Financial Advisor on an ongoing basis The Financial Advisor will perform other services as defined by the agreement approved by the City Council F Bond Counsel The City shall retmn Bond Counsel for legal and procedural advice on all debt issues Bond Counsel shall advise the City Council in all matters pertaining to its bond ordinance(s) md/or resolution(s), and, no action shall be taken with respect to new obligations until a written instrument has been prepared by the Bond Attorneys certifying the legality of the proposal The Bond Attomeys shall prepare all ordinances and other legal instruments required for the execution and sale of any bonds issued winch shall then be reviewed by the City Attorney and Director of Fiscal Operations The City will also seek the advice of Bond Counsel on all other types of debt and on any other questions involving federal tax or arbitrage law Special Counsel shall be retmned to protect the City's interest m complex negotiations and comment review V OFFICIAL STATEMENT The preparation of the Official Statement is the responslblhty of the Financial Advisor m concert with the Director of Fiscal Operations under the supervision of the Assistant City Manager of Fiscal and MUmclpal Services Information for the Official Statement is gathered from depattments/&VlSlOnS throughout the City The City will take all appropriate steps to comply with the federal disclosure rules (l e, Securities and Exchange Commission Rule 15C2-12) The City will provide annual and event disclosure to Information repositories throughout the term of securities for the benefit of the primary and secondary municipal markets Page 4 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINiSTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER ITITLE DEBT SERVICE MANAGEMENT 403 07 VI DISCLOSURE A With each bond offenng, and at least, annually, in the preparation of Financial Reports or Official Statements of anyl bond prospectus, the City will follow a policy of full and complete disclosure of financial and legal conditions of the City, tn conformance with guidelines issued by the Government Finance Officers Association Disclosure Guideline, and as adwsed by disclosure counsel or Fananetal Advisor Furthermore, all Caty finance and debt-related tnformanon which may appear in publicly distributed documents tn anticipation of the issuance of bonds by the City Enterprise Funds, Redevelopment Agency or Housing Authority should be reviewed by the Finance Department prior to distribution to ensure that the information is presented on an accurate and consistent basis B Material Events SEC Rule 15c2-12 lists 11 events that, if material, must be reported in a timely fashion to each Nationally Recognized Mumclpal Security Information Repository (NRMSIR) or to the Mum¢lpal Security Rulemaktng Board (MSRB) and to the appropriate State Information Depository (SID) The events that must be reported, ffmatenal, are 1 Pnnclpal and interest payment dehnqueneles, 2 Nonpayment related defaults, 3 Unscheduled draws on debt service reserves reflecting financial difficulties, 4 Unscheduled draws on credat enhancements reflecting financial difficulties, 5 Subst~tUtlOn of credit or liquidity providers, or their failure to perform, 6 Adverse tax op~mons or events affecting the tax-exempt status of the security, 7 Mothficatlons to ngins of security holders, 8 Bond calls, 9 Defeasances, l0 Release, substitution, or sale of property secunng repayment of the securaties, 11 Rating changes Unofficially considered the twelfda material event to be reported ~s the failure of any obligated person to provide the reqmred amaual financial mformanon on or before the date specified in the related undertaking According to the SEC, tIns requirement would be satasfied tfa disclosure contract states thai the annual information would be provided within a specified number of days after the fiscal year end Full disclosure of the operations will be made to the bond rating agencies The City staff, with the assistance of the Financial Advisors and Bond Counsel, will prepare the necessary materials for and presentation to th~ rating agencies 6 Page 5 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REi~'ERENCE NUMBER I TITLE DEBT SERVICE MANAGEMENT 403 07 VII RATING AGENCY COMMUNICATIONS & CREDIT OBJECTIVES The C~ty wall seek to mmntam and improve ~t~ current bond rating so ~ts borrowmg costs are reduced to a minimum and its access to credit is preserved In conjunction with the Financial Advisor, the C~ty shall mmntmn a line of communication with the rating agencies (Moody's, Standard & Poor's, and F~tch), ~nformmg them of major financial events m the C~ty as they occur The Comprehensive Annual Financial Report, Annual Program ot~ Services, and Capital Improvement Plan, shall be distnbnted to the rating agencies after they have been accepted/adopted by the C~ty Council on an annual basis When necessary, a personal meeting with representatives of the rating agencies wall be scheduled when a major capital ~mprovement program ~s ~mtlated, or to discuss economical and/or financial developments Whmh might ~mpact credit ratmgs The f011owlng documents may be required for the rating agencies Most recent annual audit reports, mcludmg a description of accountmg practices Accounting changes la the past three years and the impact on financial results should be explmned Current budget Current capital improvement progr0m/plan Official statements for new financings Description of projects being finatced Sources and uses statement for project being financed If additional funds are reqmred to complete project, the source of the funds and any conditional requirements will be rhscussed Engmeenng and feasibility report (if applicable) Zomng or land-use map (if epphcable) Cash flow statement, m the case,pf interim borrowing Statement of long - and short-term debt w~th annual and monthly maturity dates as appropriate Also, a report of any lease obhgatlons, their nature and term Indication of appropriate anthonty for debt issuance Investment policy (if applicable) Statement concenung rem/umng lborrow~ng capacity plus tax rate and levy capacity or other revenue capac~ty~ VIII. LIMITATIONS OF INDEBTEDNESS City staff, in conjunction wxth the Financial, Adwsor and Bond Counsel, wall produce a comprehensive analys~s of debt capacity prior to ~ssumg bonds Tins document should cover a broad range of factors, including 7 Page 6 of 19 POLiCy/ADMiNiSTRATIVE PROCEDURE/ADMINiSTRATIVE DIRECTIVE (Continued) KEi~ ~KENCE NUMBER I ITITLE DEBT SERVICE MANAGEMENT 403 07 · Legal debt llmats, tax or expendature celhngs · Coverage reqmrements or addat~onal bonds tests ~n accordance wath bond covenants · Measures of the tax and revenue base, such as projections of relevant economic variables (e g, assessed property values, employment base, unemployment rates, ancome levels, and retml sales) · Populataon trends · Utflazatlon trends for serwces underlying revenues · Factors affecting tax eollecuons, aneludmg types of property, goods, or servaees taxed, assessment practices and collection rates, evaluation of trends relating to the Caty's financml performance, ,such as revenues and expenditures, net revenues avmlable after meeting operatang requirements · Rehabflaty of revenues expected to pay debt service · Unreserved fund balance levels · Debt service obhgaUons, such as existing debt servaee requarements · Debt service as a percentage ofexpendatures or tax or system revenues · Measures of debt burden on the commumty, such as debt per capata, debt as a percentage of personal income, debt as a percentage of full or equahzed assessed property value, and overlapping or underlying debt · Tax-exempt market factors affecting interest costs, such as anterest rates, market recepUvaty, and credat raung The Caty has both revenue bonds and other indebtedness of the Electric, Water, Wastewater, and Sohfl Waste Funds The C~ty wall endeavor to mmntam two coverage rataos as provaded an the Caty's outstanding bond covenants (e g 1 25 and/or 1 50 t~mes, or as requared by andavxdual bond covenants) The Electric, Water, Wastewater, and Sohd Waste Funds' total long-term debt outstanding shall not exceed the amount of combined fund equaty TYPES OF DEBT The Caty's Bond Counsel and Fanancial Advisor will present the dafferent types of debt best suated and legally permassable under state law for each debt issue These types may include · short-term vs long-term debt, · general obhgataon vs revenue debt, · fixed vs variable rate debt, · lease-backed debt, · specml obhgataon debt such as assessment dastnct debt, · conduit issues, and · taxable debt, Page 7 of 19 POLICY/ADMINISTRATIVE I~ROCEDURE/ADMINI~TRATIVE DIRECTIVE ~Continued) REF~KENCE NUMBER ITITLE DEBT SERVICE MANAGEMENT 403 07 A The City will seek all possible Federal and State reimbursement for mandated projects and/or programs The C~ty will pursue a balanced relationship between msulng debt and pay-as-you-go financing B The C~ty will match the term of long-term debt ~ssued up to the hfe of the projects financed Current operations will not be financed with long-term debt Debt recurred to finance capital amprovements wall be repmd w~than the useful hfe of the project C H~gh priority will be assagned to the replacement of capital amprovements when they have deteriorated to the poant there they are hazardous, recur high mmntenance costs, neganvely affect property values, or no longer serve their intended purposes D An updated Capttal Improvement Plan will be presented to the C~ty Council for approval on an annual basra This plan will be used as a bas~s for the long-range financial planmng process X. BOND STRUCTURE Structural features that may be considered are * maturity of the debt, · setting the maturities of the debt equal to or less than the useful hfe of the project, · use of zero coupon bonds, capital apprecmt~on bonds, deep d~seount bonds, or premaum bonds, · debt service structure (level debt service payments, level pnnclpal payments or other repayment structure defined by state law), · redemption prov~saons (mandatory and optional call features), · use of credit enhancement, · use of semor hen and jtm~or hen obligations, and · use ofdenvauve products, XI SHORT-TERM DEBT A General Short-term obhgatmns may be msued to finance projects or port~ons of projects for which the C~ty ultimately intends, to assue long-term debt, a e, ~t wall be used, when appropriate, to prowde ~ntenm financing which wall eventually be refunded w~th the proceeds of long-term obhga;~ons 9 Page 8 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINiSTRATIVE DIRECTIVE (Continued) 403 07 [TITLE DEBT SERVICE MANAGEMENT IREFERENCE NUMBER Short-term obligations may be backed with a tax and/or revenue pledge or a pledge of other avoalable resources Interim financing may be appropriate when long-term ~nterest rates are expected to dechne m the future In ad&t~on, some forms of short-term obhgat~ons can be obtained quicker than long-term obligations and thus can be used until long-term financing can be obt0aned B Commercial Paper Due to the issuance costs associated w~th the marketing and placement of commercial paper in amounts of less, than approximately $25 million, it ~s not considered feasible for the Cay of Denton to issue th~s type of debt Should the opportumty to partm~pate m a commercml paper ~ssuance pool present itself, the advantages and disadvantages shall be evaluated by the Director of Fiscal Operations C Antie~patmn Notes Ant~capat~on notes empower mume~palmes to ~ssue debt w~thout giving not~ce of intent Antmapat~on notes may be secured and repaid by a singular pledge, but not a plural pledge, of revenue, taxes, or the proceeds of a future debt issue Antl¢lpatton notes may be authorized by an ordinance adopted by the C~ty Council Antm~patmn notes may be used to finance pro~¢cts or acqmsmons that could also be financed with Certificates of Obhgation Anticipation notes have s~veral restrictions, wluch include 1) Anticipation notes issued for §encral purposes must mature before thc seventh anmversary of the date the attorney general approves the ~ssue, 2) Antmapatmn notes may not be used to repay mterfund borrowing or a borrowing that occurred up to/or more than 24-months prior to the date of 3) A governing body may not issue anticipation notes that are payable from bond proceeds unless the proposition, authorizing the issuance of the bonds has already been approved by the voters l0 Page 9 of 19 POLICY/~DMINISTRATIVE PROC~EI~URE/ADMIN~STRATIVE DIRECTIVE (Continued} REFERENCE NUMBER I TITLE DEBT SERVICE MANAGEMENT 40307 I XII. LONG-TERM DEBT A General Proceeds from the sale of long-term 0bhgataons wall not be used for operatang purposes, and the hfe of the oblagataons wall not exceed the estamated useful hfe of the projects financed A level debt serwce structure wall be used unless operational matters and marketing consaderataons daetate otherwase The cost of assuanee of private aetavaty bonds as usually higher than for governmental purpose bonds Consequently, private aetavlty bonds will be assued only when they will economically benefit the City The cost of taxable debt as hagher than for tax-exempt debt However, the assuance of taxable debt may be more appropriate an some c~reumstances and may allow valuable flexabalaty an subsequent contracts w~th users or managers of the amprovement constructed wath the bond proceeds Therefore, the Caty wall usually assue tax-exempt oblagat~ons but may occasaonally assue taxable obhgataons B Bonds Long-term general oblagataon or revenue bonds shall be assued to finance slgmfieant and desarable capatal amprovements The general obhgataon bonds wall be used for purposes set forth by voters an bond electaons General oblagataon bonds wall sUave, to have an average hfe of approxtmately fiReen (15) years or less, and revenue bonds will sUave to have an average hfe of approximately twenty (20) years or less A resolution of antent to assue bonds authorizing staff to proceed wtth preparations shall be presented for the cons~derataon of the C~ty Councal when the capital budget as presented or as soon thereafter as reasonably possable Unless a eompellang reason as adentafled by the Debt Commattee, all bonds assued for the purpose of suppl3ang new m0mes as needed for current, ongoing publac ~mprovements shall be sold at a public, competatave sale based upon sealed bads pursuant to terms and eondataons speeafied an the Caty's Home Rule Charter wtueh requires "the publacataon of a proper notate of sale an a nataonal publacataon which regularly includes mumcapal bond sale notaces, statmg pertanent facts relatmg to the proposed sale ancludmg, but not ~hmated to, the tame, the date, and the place (whach shall be m the C~ty of Denton) that all sealed bads wall be pubhely opened, 11 Page 10 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REk'I~RENCE NUMBER ITITLE DEBT SERVICE MANAGEMENT 4O3 O7 read, and tabulated before the Cny Co,neff The date advertised for openmg of the bids shall be not less than 30 days from the date ofpubhcatlon" C Cemficates of Obhgatwn Certificates of Obhgat~on may be ~ssued to finance permanent improvements and land acquls~t~on, the need for which arose between bond elect~ons In add~twn, they may also be used to finance costs associated w~th capital project overruns or to acqmre equipment In accordance w~th state law, a resoluhon authorizing pubhcatlon of not~ce of ~ntent to ~ssue Certificates of Obhgat~on shall be presented for the consideration of the C~ty Council The not~ce of intent shall be pubhshed m a newspaper of general c~rculat~on ~n the C~ty once a week for two consecutive weeks w~th the first pubhcat~on to be at least fifteen (15) days prior to the sale date Certificates of obhgat~on may be backed by a tax pledge under certain c~rcumstances as defined by law They may also be backed by a combination tax and revenue pledge ehg~ble under sta~e law Some revenues are resmcted as to the uses for which they may be pledged Electric, Water, Wastewater, and Solid Waste revenues may be pledged w~thout hm~t for Electnc, Water, Wastewater, and Sohd Waste purposes but may only be pledged up to $10,000 for non-utd~ty system purposes D Pubhc Property Finance Contractual Obhgatlon Pubhc property finance contractual obhgatwns may be ~ssued to finance the acqmsmon of personal property E Revenue Bonds In addition to the pohc~es set forth above, when cost-beneficml and when penmtted under apphcable orchnances, the C~ty may consider the use of surety bonds, hnes of crecht, or s~mflar instruments to satisfy mandated debt serwce fund reqmrements on outstandmg and/or pwposed revenue bonds XIII REFUNDING AND RESTRUCTURING OPTIONS The C~ty shall consider refunding debt whe~aever an analys~s md~catcs the potentml for present value sawngs of apprommately 3 5% of the debt service being refunded or ~f beneficml to the C~ty ~n another way Page 11 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued~ Rjzi~KENCE NIYMBER TITLE DEBT SERVICE MANAGEMENT 403 07 XIV METHOD OF SALE A Competitive Sale When feasible and economical, obhga~ons shall be ~ssued by competitive rather than negotmted sale Favorable conditions for a competitive method of sale ~nclude the following · The market m familiar w~th the ~ssuer, and the ~ssuer ~s a stable and regular borrower ~n the public market · An active secondary market with a broad ~nvestor base for the msuer's bonds · The issue ~s neither too large to be ~asfly absorbed by the market nor too small to attract investors w~thout a concerted sales effort · The ~ssue ~s not wewed by the market as carrying overly complex features or reqmnng explanation as to the bonds' soundness · Interest rates are stable, market demand ~s strong, and the market ~s able to absorb a reasonable mount of buying or selling at reasonable price changes B Negotmted Sale Bonds msued for the purpose of refimthng and/or restructuring outstanrhng debt may appropriately be sold on a negotiated basis when maximum flex~bthty ~s reqmred m order for the C~ty to respond to day-to-day nuances ~n the marketplace and other comphcat~ons pecuhar to tho issuance of refunding debt Whenever the option exists to sell an ~ssue on a negotmted bas~s, an analysm of the options shall be performed to md m the dec~s~on-malang process The C~ty will present the reasons and,will actively pamc~pate ~n the select~on of the underwriter or d~rect purchaser In a negotiated sale, the underwriter may be selected through a request for proposals (RFP) or because of a relationship estabhshed by prewous debt transactions The criteria used to select an underwriter m a negotmted sale should include the following · Overall experience · Marketmg philosophy · Capabthty · Premous experience as managing or co-managing partner · Financial statement · Pubhc finance team and resources · Breakdown of underwnter's d~scount 13 Page 12 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINiSTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER ITITLE DEBT SERVICE MANAGEMENT 403 07 C Private Placement When cost-beneficial, the Caty may privately place ~ts debt Sance no undenvnter participates m a pravate placement, it may result ~n lower cost of issuance Private placement as sometimes an option f(~r small ~ssues The opportunity may be identified by the F~nanclal Advisor D B~ddmg Parameters The notaee of sale will be carefully constructed so as to ensure the best possible bad for the Caty, In light of existing market condlt~ons and other prevailing factors Parameters to be examined ~nclude · Limits between lowest and highest e0upons · Coupon reqmremants relatave to the weld curve · Method of underwriter eompensatmn, d~seount, or premium coupons · Use of true interest cost (TIC) versus net ~nterest cost (NIC) · Use of bond insurance · Deep discount bonds · Variable rate bonds · Call provisions XV INVESTMENT OF BOND PROCEEDS A Strategy The City should actively monitor its investment practices to ensure maximum returns on its invested bond fund~ while compl3nng w~th Federal arbltrage guidelines Specific investment strategies for the investment of bond proceeds are provided ~n the City's lnvesUnent polity #408 04 B Arbitrage Compliance The City will follow a policy of full compliance wath all arbitrage rebate reqmrements of the federal tax code and Internal Revenue Service regulations, and will perform (mternally or by contract consultants) arbitrage rebate calculations for each issue subject to rebate on an annual basas All necessary rebates will be filed and paad when due 14 Page 13 of 19 POLICY/ADMINISTRATIVE PROCF, F~URE/ADMIN~STRATIVE DIRECTIVE (Continuefl~ REFERENCE NUMBER ITITLE DEBT SERVICE MANAGEMENT 403 07 C Arbatrage Lmblhty Management The Director of F~scal Operatwns wfl) maintain a system for tracking arbatrage rebate habfl~ty and ensunng that reqmred calculations are performed on a t~mely bas~s These calculations will be perf6rmed annually Funds should be set aside ~n anticipation of potentml rebate hablhties Due to the complexity of the arbatrage calculations and regulaUons) and to the seventy of the penalties for noncomphance, the adwce of Bond C~unsel and qualified experts will be pursued on an ongoing bas~s D All bond proceeds will be separately,accounted for in the financml accounting system to facflxtate arbitrage trackln~ and repomng Arbitrage rebate hablhty reports shall be generated semi-annually and submitted to the Investment Committee and to the Debt Management Committee for review Page 14 of 19 POLICY/~DMINISTRATIVE PROCEDURE/ADMINiSTRATIVE DIRECTIVE (Contlnued~ REFERENCE NUMBER I ITITLE DEBT SERVICE MANAGEMENT 403 07 GLOSSARY Amort~zation - The planned reduction of a debt obligation according to a stated maturity or redemption schedule Arbttrage- The gmn which may be obtamed by borrowing funds at a lower (often tax-exempt) rate and investing the proceeds at higher (often taxable) rates The ablhty to earn arbitrage by issuing tax-exempt securities has been severely curtmled by the Tax Reform Act of 1986, as amended Average L~fe - The average length of time debt is expected to be outstanding Basts Point - One one-hundredth of one percent (0 0001) BBI- Bond Buyer Index Comparison of current rates for various matunUes Btd Form - The document used by an underwriter to submit h~s b~d at a competmve sale Bond - A security that represents an obhgat~on to pay a specified amount of money on a specific date m the future, typically with periodic interest payments Bond Counsel - An attorney (or firm of attorneys) retmned by the ~ssuer to g~ve a legal op~mon coneermng the validity of the securities The bond counsel's oplmon usually addresses the subject of tax exemption Bond counsel may prepare, or rewew and adwse the ~ssuer regarding anthonzmg resolutions or orthnances, trust ~ndentures, officml statements, vahdat~on proceedings and litigation Bond Insurance - Bond msuranee is a type of credit enhancement whereby a monohne msurance company mdemmfies an investor agmnst a default by the ~ssuer to pay pnneipal and interest m-full and on-time Once assigned, the mumc~pal bond insurance pohey generally is irrevocable The insurance company receives an up-front fee, or premium, when the pohcy is issued Bool¢-£ntry-Only - Bonds that are Issued m fully,registered form but without certificates of ownership The ownership interest of each actual purchaser ~s recorded on computer Bond lears - $1,000 of debt outstanding for one year used to compute average life and net interest cost Call Option - The right to redeem a bond prior to its stated maturity, either on a g~ven date or continuously The call option is also referred to as the optional redemption provision Capital Appreciation Bond - A bond without current ~nterest coupons that ~s sold at a substantial discount from par Investors are prowded with a return based upon the accretion of value ~n the bond through maturity Page 15 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINiSTRATIVE DIRECTIVE (Continued) ~ RE~ EKENCE NUMBER [ ITITLE DEBT SERVICE MANAGEMENT 403 07 Capital Lease - The acquisition of a capital asset over time rather than merely paying a rental fee for temporary use A lease-purchase agreement, in which provision is made for transfer of ownership of the property for a nominal pnce at the scheduled termination of the lease, is referred to as a capital lease Closing - When bonds are exchanged for money (a/k/a dehvery or settlement) Commercial Paper (Tax-Exempt) - By convention, short-term, unsecured promissory notes issued in either registered or bearer form with a stated maturity of 270 days or less Competitive Sale - A sale of securities in which the securities arc awarded to the bidder who offers to purchase the issue at the best pnce orllowest cost Coupon Rate - The interest rate on specific maturities of a bond issue While the term "coupon" derives from the days when virtually all raunlcipal bonds were in bearer form with coupons attached, the term is still frequently t~sed to refer to the interest rate on different maturities of bonds in registered form Cover Bid - The runner-up in a competitive bond sale Credit Enhancements - Credit enhancements are mechanisms which guarantee pnnclpal and interest payments They include bond msurance and a hne or letter of credit A credit enhancement, whale costly, will usually bnng a lower interest rate on debt and a haghcr rating from the rating agencies, thus lowenng overall costs Cost effectiveness of credit enhancement will be evaluated for each debt Issue CUSIP Number - The term CUSIP is an acronym for the Committee on Umform Secuntles Identification Procedures An ldent~fication,ntunber is assigned to each maturity of an issue, and is usually pnnted on the face of each individual certificate of the issue The CUSIP numbers are intended to help facilitate the identification and clearance of mumc~pal securities As the mumclpal market has evolved, and the new derivative products are devised, the importance of the CUSIP system for identification purposes has increased Dated Date - A defined date at whach interest begins to accrue from Debt Burden - The ratio of outstanding tax-supported debt to the market value of property w~thm a junsd~ction The overall debt burden includes a junsdiet~on's proportionate share of overlapping debt as well as the mumclpahty's &feet net debt Debt Limitation - The maximum amount of debt [that is legally permitted by a luns&ctlon's charter, constitution, or statutory requirements Page 16 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued~ REFERENCE NUMBER I ITITLE DEBT SERVICE MANAGEMENT 403 07 Debt Service - The amount necessary to pay pnnc~pal and interest requirements on outstanding bonds for a g~ven year or series of years Debt Servtce Reserve Fund - The fund into which moneys are placed which may be used to pay debt servaee ff pledged revenues are msuffieiem to satisfy the debt service requirements The debt service reserve fund may be entirely funded w~th bond proceeds, or ~t may only be partly funded at the time of the assuanee and allowed to reach ~ts full funding requirement over time, due to the accumulation of pledged revenues If the debt service reserve fund is used m whole or part to pay debt servace, the ~ssuer usually ~s required to replemsh the funds from the first available funds or revenues A typical reserve requirement maght be the maxamum aggregate annual debt service requirement for any year remaining until the bonds reach maturity The s~ze of the reserve fund, and the manner m winch it as invested, may be subject to arbatrage regulations Default - The failure to pay pnnclpal or interest an full or on time An actual default should be dlstangu~shed from techmcal default The latter refers to a failure by an ~ssuer to ab~de by certain covenants but does not necessarily result an a failure to pay pnnciple or interest when due Defeasance - Providing for payment of pnnelpal of premium, ff any, and interest on debt through the first call date or scheduled pnncipal maturity in accordance with the terms and requirements of the instrument pursuant to winch the debt was assued A legal defeasance usually mvolves estabhsbang an irrevocable escrow funded with only cash and U S government obhgataons Deposttory Trust Company (DTC) - A hm~ted purpose trust company orgamzed under the New York Bankang Law DTC facilitates the settlement of transactions m mumc~pal securities Downgrade - A reduction m eredat rating Enterprlse~lcttwty-Arevenue-ganeratmgprojeetorbuslness The project o~en provades funds necessary to pay debt servaee on securities ~ssued to finance the facility The debts of such projects are self-hquadatmg when the projects earn sufficient momes to cover all debt service and other reqmremants imposed under the bond contract Common examples include water and sewer treatment faeflltaes and utility faeflat~es Ftnal Offlctal Statement (FO$) - A document published by the issuer winch generally daseloses material information on a new issue of mume~pal seeunues meluthng the purposes of the assue, how the seeuntaes will be repaad, and the financial, economic and social characteristics of the issuing government Investors may use tins mformat~on to evaluate the credit quahty of the securities 18 Page 17 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE ~Continued) REFEKENCE NUMBER ITITLE DEBT SERVICE MANAGEMENT 403 07 Flow of Funds - The order ~n whaeh pledged revenues must be thsbursed, as set forth in the trust indenture or bond resolutaon In most mstanc~s, the pledged revenues are deposated anto a general eolleetaon account or revenue fund as they are receaved and subsequently transferred into the other accounts estabhshed, by the bond resolution or trust indenture The other accounts provade for payment of the costs of debt service, debt servace reserve deposats, operataon and maintenance costs; renewal and replacement, and other requarements General Obligation Debt- Debt that as secured by a plodge of the ad valorem taxang power of the ~saner Also known as a full faath and credit obligation Good Faith Deposit - A sum of money gaven by the Underwriter to assure h~s b~d lnstUutmnal Buyer - Banks, finaneml restitutions, insurance companies, and bond funds Issuance Costs - The costs ~ncurred by the bond assuer dunng the planning and sale of secuntaes These costs include but are not hm~ted to financial advasory and bond counsel fees, pnntmg and advertising costs, rating agencies fees, and other expenses ~ncurred ~n the marketing of an ~ssue Junmr Lten Bonds - Bonds whach have a subordinate claim against pledged revenues Letter of Credit - Bank eretht fa¢lhty whereby a banl~ wall honor the payment of an assuer's debt, m the event that an issuer as unable to do so, thereby prowdmg an addltaonal source of security for bondholders for a predetermined period of t~me A letter of cretht often ~s referred to as an L/C or an LOC Letter of Credat can be ~ssued on a "stand-by" or "dareet pay" basis Level Debt Service - When annual payments are substantially the same each year Line of Credit - Bank eredat facthty whereto the bank agrees to lend up to a maxamum amount of funds at some date ~n the future m return for a commitment fee Manager - The member (or members) of an underwriting syndacate charged wath the primary responsabal~ty for conducting the affairs of the syndicate The managers take the largest underwriting commitment Lead Manager or Semor Manager The underwriter servxng as head of the syndaeate The lead manager generally handles negotmt~ons m a negotaated underwriting of a new xssue of munacapal sectmt~es or directs the process by which a bad as determined for a competxt~ve underwriting The lead manager also xs charged wxth allocating securities among the members of the syndacate m accordance w~th the terms of the syndxcate agreement or agreement among underwriters Page 18 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINiSTRATIVE DIRECTIVE (Continued) ' REFERENCE NUIvIBER I TITLE DEBT SERVICE MANAGEMENT 40307 I Joint Manager or Co-Manager Any member of the management group Mumctpal Securmes Rulemakmg Board (MSRB) - A self-regulating organization estabhshed on September 5, 1975 upon the appmntment of a 15-member Board by the Securities and Exchange Agreement The MSRB, comprised of representatives fi:om investment bankmg finns, dealer bank representatives, and public representatives, ~s entrusted w~th the responsibility of writing rules of conduct ,for the mumclpal securities market New Board members are selected by the MSRB pursuant to the method set forth m Board roles Negotiated Sale - A sale of securities in which the terms of sale are determined through negotmUon between the issuer and the purchaser, typically an underwriter, w~thout competitive bidding Net Interest Cost - The average ~nterest cost of a bond issue calculated on the basis of simple interest Paymg Agent - An agent of the issuer with responsibility for timely payment of pnncipal and interest to bond holders Prehmtnary Official Statement (POS) - The POS ~s a preliminary version of the official statement which is used by an ~ssuer or underwriters to describe the proposed ~ssue of munlcxpal securities pnur to the determinaUon of the interest rate(s) and offenng prices(s) The prehmmary official statement, also called a "red hemng", often is examined upon by potentml purchasers prior to making an ~nvestment decision Present Value - The value of a future mount or stream of revenues or expenditures in current dollars Refunding - An advance refunding as a refimd~ng that occurs more than 90 days before the call date of the refunded bonds A current reftmdmg is a process of selhng a new issue of securities to obtmn funds needed to reUre ex~stmg securities Debt refunding m done to extend maturity and/or to reduce debt service cost Retail Buyer - Inchwdual mvestors Revenue Bond - A bond whach ~s payable from a specific source of revenue and to wluch the full froth and credit of an ~ssuer with taxing power is not pledged Revenue bonds are payable fi:om ldentffied sources of reventte, and do not permit the bondholders to compel a jurisdiction to pay debt servme fi:om any other source Pledged revenues often are derived from the operaUon of an enterprise activity Generally, no voter approval is required prior to issuance of such obhgauons Secondary Market - The market m wluch bonds aze sold after their lmnal sale in the new Issue market 20 Page 19 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REi~ EIq. ENCE NLrMB ER I ITITLE DEBT SERVICE MANAGEMENT , 4O3 O7 Semor Lten Bonds - Bonds having a prior, or first claim on pledged revenues Serial Bonds - A bond ~ssue ~n which the pnnc~pal is repaid ~n periodic ~nstallments over the ~ssue's hfe Spht ratings - Different rating levels from d~fferent rating agencies Surety Bond - A bond guaranteeing performance of a contract or obhgation Term Bonds - Term bonds usually refer to a particularly large maturity of a bond ~ssue that ~s created by aggregating a series of matunU~:s A prows~on ~s often made for the mandatory redemptmn of specified amounts of pnnc~pal dunng several years prior to the stated maturity, which effectwaly simulates serial bonds True Interest Cost (TIC) - An expression of the average interest cost in present value terms The true mterest cost ~s a more accurate measurement of the bond ~ssue's effective interest cost and should be used to ascerttun the best bid in a compeutlve sale Variable Rate Bond - A bond on which the interest rate ~s reset penothcally, usually no less often than sem~-annually The interest rate ,is reset either by means of an auction or through an ~ndex Upgrade - An mcrease in credit rating 21, CITY OF DENTON PAGE oF POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE SECTION FINANCE REFERENCE NUMBER 403 07 SUBJECT GA$.I4 DEBT MANAGEMENT INITIAL EFECTIVE DATE 03105/96 TITLE DEBT SERVICE MANAGEMENT LAST REVISION DATE PURPOSE(Chain,ed to I3 er, ganda~-~-It Is the objecUve of flus policy that (1) the City obtain financmg only when necessary, (2) the process for identifying the timing and amount of debt or other fmancmg bc ........... as possible, and (3) the most favorable interest rate and other costs be obtained RESPONSIBILITY (moved to I¥3 (Revised & Placed Under IV.A. Dele~,at~onlThe pnma~, m&vidual who shall be revolved m development of financing recommendet~ons vail be the D~rector of Fiscal Operations The Executive Dtrector of Finance shall be responsible for all debt financing a~t~,aties and shall establish a system of control to regulate the acUvmes of the D~rector of Fiscal Operatic ,". laced under i.B. Sco e Th, I responsibl o · meet as necessary to consider the need for financing and assess progress on the Capital Improvement Program, · meet as necessary m preparatmn for a financing, · remew changes m state and federal lelpslation, and · remew annually the provisions of ordinances and/or resolutions anthonzmg issuance of obligations, and · annually review services provided by the F~umclal Advasor, Bond Counsel, and Paying Agent to evaluate the extent and effectiveness of services bemg prowded. Pnor to the debt management comnuttee meetings, a wntten report shall be prepared on the status of Capital Improvement Program financing. The report Shall be based m part on mformataon collected from the primary capital tmprovement project managers m the City and shall mclude a proJect,on of near-term f'mancmg needs compared to avmlable resources, an ,analysis of the impact of contemplated financmgs on the property tax rate, utility rates, user charges, andla financing recommendation 22 Page 2 of 10 POLICY/ADMINISTRATIVE PROCEDURE/ADMiNISTRATIVE DIRECTIVE (Continued) In developtng financing recommendations, the debt management commtttee shall consider · the tune proceeds of obhgatlon are expected io remmn on hand and the related carrying cost, · the options for mterun financing mclu&nffI short-term and lnterfund borrowing, talang into consideratton federal and state reimbursement regulations, * the effect of proposed action on the tax rate and user charges, · trends m interest rates, · other factors as appropriate Re$oonstbthtv ................ Fmanctal Advisor {Revised and Maced under IKE. ~ ~ r_..A~ ....... Th~ City will ~ek the advice of the financial advlso~ on an ongoing basis The financial advisor will advise on the structuring of obhgatmus to be issued, t~_orm the City of various opUons, advise the City as to how choices will unpact the marketability of City obhgatmns and will prowde other s~rvices as defined by the agreement approved by the City Council SHORT-TERM DEBT (Moved to XI ~ Page 3 of 10 PROCEDURE/ADM[INISTRATIVE DIRECTIVE (Continued) POLICY/ADMINISTRATIVE ! TITLE DEBT SERVICE MANAGEMENT REFERENCE NUMBER 403 07 Commerclal Paper [Moved to Due to exorbitant issuance costs associate~..th the marketing and placement of commercial paper m amounts of less than approximately $~0 Sf~ff~lhon. it,is not considered feasible for the City of Denton to issue thts type of debt. In ad~h~on, cities may legally 0nly issue commercial paper for revenue-supported projects, and only ~ cities are pe.~/tted by state Ilaw to do so However, should the opportumty td participate m a commercial paper issuance pool present itself, the advantages and ~hsadvantages shall be evaluatad by the Du'ector of Fiscal Operations LONG-TERM DEBT (Moved to X~ 24 Page 4 of 10 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) DEBT SERVICE MANAGEMENT REFERENCE NUMBER TITLE 403 07 Bonds (Moved to XII. B.) Long-term general obligation or revenue bonds shall be ~ssued to finance s~gmficant and desirable capital improvement The general obhgation bonds will be used for purposes set forth by voters in bond elactions General obh~ation bonds will have au average hfelof approxunately fifteen (15) years or less, and revenue bonds will have an average hfe of approximately twenty (2) years or less A resolution of intent to issue bonds authonzmg staff to proceed w~th preparations shall be presented for the consideration of the City Council when the capital budget ~s presented or as soon thereafter as reasonably posmble All bonds issued for the purpose of supplying new momes as needed for current, ongoing pubhc improvements shall be sold at a public, competitive sale based upon sealed b~ds pursuant to terms and condmons specified m the City's Home Rule Charte~ winch reqmres the pubhcation of a proper notice of sale m a national pubhcation winch regularly mcl~les mumc~pal bond sale nouces, stating pertinent facts relating to the proposed sale including, but not l~m~ted to, the tune, the date, and the place (winch shall be m the eClty of Denton) that all sealed bids will be pubhcly opened, read, and tabulated before the City Cou~cd. The date advertised for opemng of the bids shall be not less than 30 days from the date of pubhcaUon. Cernficates of ObllganonJ~gl~-~ CerUficatas of obhgation may be issued to finance pemianent improvements and land acqmmtion, the need for which arose between bond elections In addition, they may also be used to finance cost overruns or to acqmre equipment In accordance voth state law, a resolution authorizing pubhcation of notice of intent to issue e_C_emficates of oObhgation shall be presented for the considemti6n of the C~ty Councd The notice of intent shall be pubhshed In a newspaper of general circulation ui ~e City once a week for two consecutive weeks w~th the first pubhcation to be at least fifteen (15) days prior to the sale date 25 Page 5 of 10 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE DEBT SERVICE MANAGEMENT REFERENCE403 07 NUMBER Pubhc Property Ftnance Contractual Obltgatlon.~.~fd~ Pubhc property finance contractual obhgattons may be ~ssued to finance the acqmsmon of personal property 26 Page 6 of 10 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) [ R~FERENCE NUMBER. TITLE DEBT SERVICE MANAGEMENT 403 07 Negonated Sale (Placed under XIY Bonds issued for the purpose of refunchng and/or restructunng outstan&ng debt may appropriately be sold on a negotiated basis when maximum flemblhty la required m order for the City to respond to day-to-day nuances m the marketplace and other comphcatlons peculiar to the issuance of refunding debt. Whenever the option exists to sell an issue on a negotiated basis, an analysis of the options shall be performed to md in the declslon-makmg process In a negotqated sale, the underwriter may be selected ihrough a request for proposals (RFP) or because of a relationship established by previous debt lransactlons The cntena used to select an underwriter a negotiated sale should include the following · Overall experience · MarkeUng ptulosophy * Capability · Previous experience as managtng or co-managnng parmer · Financial statement · Public finance team end resources · Breakdown ofunderwnter's &scount Btddmg Parameters~~g.g~ The not,ce of sale will be carefully constructed so as to ensure the best possible bid for the C~ty, m light of existing market conchtlons and other prevmlmg factors Parameters to be examined include · Lmuts between lowest and highest coupons · Coupon reqmrements relative to the yield curve · Method of underwriter compensation, d,scount, or premium coupons · Use of true interest cost (TIC) versus net interest cost (NIC) · Use of bond insurance · Deep chscount bonds · Variable rate bonds · Call provisions 27 Page 7 of 10 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER TITLE DEBT SERVICE MANAGEMENT 403 07 28 Page 8 of 10 POLICY/ADMINISTRATIVE PROCEDURE/ADI~INISTRATIVE DIRECTIVE (Continued) TITLE DEBT SERVICE MANAGEMENT 403 07 I~TIOS (Revised end iai_aced ,ruder VIII T,,m,tatlons of Indebtedness) The Elecmc, Water, Wastewater, end Sohd Waste Funds' total long-term debt outstenchng shall not exceed the amount of combined fund eqmty. The City has both revenue bonds end other indebtedness of the Electric, Water, Wastewater, end Solid Waste Funds. The City will endeavor to mamta,q two coverage ratios 1 25 for revenue bonds, "technical coverage" end 1 25 for all indebtedness, "practical coverage ' (Placed under VI.B. Material Events)Full dl~losurelof the operations wall be made to the bond rating agencies The City staff, wroth the assistance of the ~menctal e.~dvlsors end bBond e_Counsel, will prepare the necessary materials for en presentation to ~e rating agencies Page 9 of 10 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE DEBT SERVICE MANAGEMENT 403 07 I ~ ....... ~'""' (R~ed a~ placed u~er ~ C ~rbt~a~e ~tabtlt~ Management) B~a~o of ~ complex~ of ~o ~bi~ge ~a~o~ ~d ~ ~v~ of ~e p~es for noncomph~ce, ~ ad~co of bond co~l ~d o~ q~od oxp~ ~11 ~ sou~t wh~ov~ ques~o~ aborn ~b~cage rebato ~at~o~ 3O Page 10ofl0 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) NUMBER TITLE DEBT SERVICE MANAOEMENT 403 07 The Dtrector of Fiscal Operations roll maintain a system for tracking the arbitrage rebate habfllty and ensuring that reqmred c. alculat~ons are performed on a tunely basis They roll either perform internal calculaUons or engase an expert to perform arb~age rebate calculations at least annually Funds should be set aside for any potential liability so that sufficient amounts will be avmlable to pay any reqmred rebate amount 31 RESOLUTION NO A RESOLUTION REVISING ADMINISTRATIVE POLICY NO 408 05 "DEBT SERVICE MANAGEMENT" AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on the 5u~ day of March, 1996 the City Council passed Resolution No 96-013 adopting Admtmstrat~ve Pohcy No 408 05 "Debt Service Management", and WHEREAS, the Assistant City Manager of F~scal & Mumclpal Servmes for the C~ty of Denton has presented a proposed rews~on of the Debt Service Management Policy for the Council's conslderatton, and WHEREAS, the City Manager recommends adoption of the rewsed policy and the City Counc~l demres to adopt such polmy as the official pohcy regarding Debt Servme Management, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES ,qF. CTIIDNI 1 That the following policy entfded "Pohcy No 408 05 "Debt Servme Management", attached hereto and made a part hereof, is hereby adopted as an officml pohcy of the City of Denton, Texas and shall replace the ex~stmg Debt Servme Management Pohcy SECTION 2 That the attached policy shall be filed m the officml records w~th the C~ty Secretary ,qF. CTIID'[q '4 That this resolutaon shall become effective ~mmedlately upon ~ts passage and approval PASSED AND APPROVED this the day of ,2000 ) EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY ¢'/ / 33 Page 2 of 2 AGENDA INFORMATION SHEET AGENDA DATE December/~, 2000 DEPARTMENT. Police ~ ACM. Jon Fortune SUBJECT Hold a public heanng inviting citizens to comment on the proposed usage of the 2000 Local Law Enforcement Block Grant funding BACKGROUND On September 16, 2000, the Police Department received approval of the FY 2000 Local Law Enforcement Block Grant from the Federal Office of Justice Programs in the amount of $37,775, with a required local match of $4,197 Prior to the actual receipt of the funds, the Departmi~nt must hold at least one public hearing regarding the proposed use of the funds Additionally, an advisory board that includes representatives of groups with a recognized interest in criminal justice and crime or substance abuse prevention and treatment must be established to review the apphcatlon and make a non-binding recommendation for the use of funds The Board must include representatives from the local law enforcement agency, local prosecutors office, local court system, local public school system, and a local nonprofit group active in crime prevention or drug use prevention or treatment Funding can be used for the following purposes related to law enforcement (1) the employment of officers or support personnel, (2) overtime pay of officers and support personnel, (3) equipment, technology, and other material directly related to basic law enforcement functions, (4) enhancing security measures in and around schools or other locations considered a special risk for Incidents of crime, or (5) establishing crime prevention programs At this time, the Department intends to use the funchng for the purchase of equipment, specifically computer workstations for the Records Room to accommodate additional personnel and computers and surveillance and other equipment for the Tactical and Bicycle Units PRIOR ACTION/REVIEW The required local match is avmlable in the FY 2000-01 budget At the time this report was submitted, the Advisory Board had not met 1 FISCAL IMPACT The funding for this program is as follows Federal Contnbutmn $37,775 City Contribution 4,197 Total 41,972 Respectfully submitted, Gary L Matheson Chief of Pohce right Support Services Division 2 U S DEPARTMENT OF JUSTICE AWARD ( ~ [~o~ ~1 E,A n O,,DP [] O~^NT ~ [] "'S ~ ND ~ OVC ~ COOPERATIVE 17 S]ONATU~ OF APPROVING OJP OFFICIAL 19 SIONATURE OF AUTHORIZED GRANTEE 19A DATE ~ ~ ~ US OEI'ARTMENTOFmSTICE AWARD CONTINUATION )~ ~ OFFICE OF JUSTICE PI~OOBAMS SHEET CHECK APPROPRIATE BOX PROJECT N~MBER 200~LB BX 1~30 AWA~ D~TE 09/29~000 SPECIAL CONDITIONS The ~mp~ent agrees to comply w~th ~e fi~c]al and a&mmstrat~ve r~qmrements set fo~h ~n the cu~ent edition of the Office of Jusnce Progr~s (O~) Fmaneml Grade 2 The recipient a~ees m comply w~th the org~t~o~ audit reqmrem,nts of O~ Qrcular A 133, Audits of States Local Gove~ents ~d Non Profit Org~l~tions, ~ ~her &scribed m O3P's F~nancml Gm& Chapter 19 3 The recipient ae~owledges ~t ladle to submit an acceptable Equil Employment Oppo~mW Plan 0f recipient ~s required to submit one pursuant to 28 CFR 42 302), ~at Is approved by the Office of Clwl Right, ~s a wolation or,ts Ce~fied Assur~ces and ~y result m ~ from the award being frozen, until such Eme as ~e recipient ~s m compliance 4 The rempmnt agrees that federal ~nds under this award wdl be used to supplement but not suppler state or local ~nds p~suant ~ sectmn 101(g) ofH R 728, l~th Cong (1995) 5 The recipient s~ll submit one copy of all repoas and proposed pubh~Eons resulting from th~s agreement twenW (20) days prior to public rdease Any pubhcaEons (wn~en wsual or sound) whether pubhshed at the reeip~ent's or government's expense, shall con~n the following statement ~OTE This exclude~ press releases newsletters, and ~ssue a~lys~s ) "Th~s project was supposed by Grant No 2000 LB BX 1730 awarded by the Bureau of Justice Ass~smce Office of Justice Progr~s U S Department of Jusnce Points ofwew m this document a~ those of the author ~d do not necessarily represent the official posmon or pohc~es of the U S Dep~ment of JOstme" 6 The ~glplent agrees to prowde mfo~Uon required for ~y nanonal evaluaUon conducted by ~ U S Depa~ent of Justice 7 The rempmnt agrees, ffthe ~ds ~e usod for the hiring ~d employing of new addmonal law enforcement o~cers an~or suppo~ personnel, as described m the applicable pu~ose area of Sub~a~ A sectmn 101(a)(2) of H R 728, 1~ Cong (1995), that ~e ~e~p~ent umt of local gow~ent will achieve a net gain m the n~ber of la~ enforcement officers w~? perfo~ non admm~s~anve public safeW se~ee If the ~nds are used for the hmng and empmymg et new aaamona~ mw enfor~ment officers ~or support personnel, the umt of local gove~ent wdl estabhsh procedures to g~ve members of the A~ed Forces who, on or a~r October 1, 1990, were or a~ selected for ~nvolunta~ separation (as described m secUon 1141 of T tlc 10 Umted States Code) app~ved for separation under sect~qn 1174a or 1175 of such role or reBred p~su~t to the amhonW provtded under section ~03 of the Defense Conversion K~mves~ent, ~d Trans t on Ass~stm~ce Act of 1992 (&vismn D of~bhc Law 102 484, 10 U S C 1923 note), a statable preference in the employment of persons as addmonal law enfor~ment offi~rs or support perso~el OJP FORM 4000/2 (REV S87) PREVIOUS EDITIONS ARE OBSOLETE US DEPARTMENTOF~USTICE AWARD CONTINUATION [] B,s [] [] ovc [] O00.ERATIVB^aREEMENT CHECK APPROPRIATE BOX PROJECT NUMBER 200~LB BX 1730 AWARD DATE 09/29/20~ $PECIAL CONDITIONS CONTINUED The recipient agrees thts award document conspires ~e obhgat~on of federal ~nds for use by the recipient ~n execuUon of 8 the pm~m or project covered by the awed Such obhgatlon may be te~mated w~thout ~er cause ff the recipient fads to affi~ its t~mely utd~za~on of the award by accep~ng the award and specml condltmns w~thm 45 calen~r days from the date of award 9 The recipient agrees ~ submit the Request for Drawdom wa the Interact system wahm 90 calendar days ~om the date of award, or to have all ~nds deobhgated for ~d~smbu~on d~lng ~e next ~ndmg cycle 10 The r~lp~ent a~ees to one 24 month obhgation and expendl~ pen0d, as established at the approval of the Request for Draw~wn Ail ~nds must be expended by ~e end of ~s 24 month period w~th no exceptmns 11 The recipient is reqmred to estabhsh a ~st ~d account This hnd may not be used to pay debts mcumd by other acBwt~es ond the sco e of the Loca Law Enforcement Block Grants Pro.am The rec~pient also a~ees to obligate and expend the bg~t ~nds m ~e ~st ~nd (mclud,ng ~y mtorest earned) dunng th~ 24 month period Grant ~nds (including any uterest e~ed) not expended by ~e end of ~e 24 month period must be ~m~ed ~ the Office of the Comptroller (OC) by ~e end of th* 27th month, along w~th the final submission of ~e Financial Sta~ Repon (SF 269A) 12 The recipient agrees to submit semiannual pro.ss repons wa the Internet system for the hfe of the grant Repons ~e due within 45 calend~ &ys after ~e end of ~e repomng periods whmh are June 30 and December 31 13 The rempient agrees, ff ~nds are used for o~cmg secun~, that th~ umt of local government (a) has an adeq~t* process to assess ~e ~mpaot of any enhancement of a school secunW measure that is ~de~aken ~der subpam~ph ~) of sectmn 101(a)(2), on ~e mc~dence of crime m ~e geographic area where ~e e~ancement ~s undeaaken, (b) will conduct such an assessment w~ rosp~t to each such enhanoement and (c) will submit to the Bureau of JusUce Assistan~ ~JA) an ~nual ~sessment repo~ wa the lntemet system 14 The recipient a~ees to comply with 28 CFR Pa~ 23 ff federal ~nds are used to suppo~ Criminal Intelhgence Systems / OJP FORM ~00~ (~V 587) P~VIOUS EDITIONS ARE OBSOLETE US DEPARTMENT OF JUSTIC~ AWARD CONTINUATION CHECK APPROPRIATE BOX PRO3ECTNUMBER 2000 LB BX 1730 AWARD DATE 09/29/2000 SPECIAL CONDITIONS CONTINUED The rectplent agrees to asstst BJA in complytng with the National Environmental Pohcy Act (NEPA) and other related federal envtronmental tmpact analyses requtrements tn the use of these grant funds, e~ther directly by the reoptent or by a subr~ctptant Accordingly, prior to obhgatmg grant funds the rectp~ent agrees to first determine ff any of the fullowmg activtttes will be related to the use of the grant funds The recipient understands that this special condmon apphes to Its following new activities, whether or not they are being spectfieally funded with these grant thnds That ts as long as the activity ts being conducted by the recipient, a subrecxptent or any tthrd paT, and the activity needs to be undertaken in order to 'ase these grant funds, thts special condttlon must first be met The act~vmes covered by thxs specml condttlon are New construction,2 Minor renovation or remodehng of a property either (a) hstad on or ehgtble for l~stmg °n the ~atlonal Register of H~storlc Places or (b) located within a 100 year flood plain,3 A renovation, lease, or any proposed use of a bRildmg or faethty that wdl etther (a) result m a change in its basic prtor use or (b) stgmfieanfiy change its size and 4 Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded actxvlty and (b) tradmonally used for example m office household recreauonal or educational Apphcatton of Thts Special Condition to Rectplent's Existing Programs or Actlwt~es For any of the reoptent's or its subreclptent's extstmg programs or act~vlttes that wdl be funded with these grant funds, the reelptent, upon specific request from BJA, agrees to cooperate w~th BJA xn any preparation by BJA of a national or program envffonmental assessment of that funded program or actlwty The reetment agrees to ensure that the State lnfurmatlon Technology,Point of Contact receives written not~fication regarthng any reformation technology project funded by th~s grant durmg the obhgatlon and expenthture period This Is to facdltate conducted wtth these grant thnds in addmon, the rectplent agrees to maintain an administrative file documenting the meeting of thts requirement For a hst of State Informatton Technology points of Contact go to http//www o}p usdoj gov/ec/states btm The reclplant agrees to provide and expend a 10 percent cash match (calculated as 1/9 of the federal award amount) before the end of the 24 raonth obhgatlon and expenthture period The recipient is reminded that the matching funds are authtable under Speoal CondlUon #2 and wdl be binding to the rectpmnt %~1 ~ us DEP^~,TMENTOEJUS'nCE AWARD CONTINUATION OFFICE OF JUSTICE FROG~,MS ~SH EET ~ o,P ~ BJA ~ OJJDP ~ O~T PAGE 5 OF5 ~ ~ BJS ~ NIJ ~ OVC ~ COOPERATIVEAGKEEMENT PROJ~T N~BER 20~0 LB BX 1730 AWA~ DATE 09/29/2000 SPECIAZ CONDITIONS CONTINUED 18 Th~ recipient a~ees that prmr held regarding the proposod ~e(s) of the ~ant ~nds The remp~ent mgst also provide ver~fieatma to BJA, vm the Interact remp~nt on the proposed ~a(s) of th~ ~ant ~nds The recipient will hold the pubhc heanng at a t~me ~d place that allows ea~bhshed adv~so~ bo~d wdl meet to daseuss ~e proposed use(s) of~ gr~t ~ds The recipient will des~ate the adwso~ board to m~e aonbmdmg ~co~endauons on the use(s) of ~ds under the LLEBG Pr°gram Membership OB ~e a) th~ local pohee dep~ment or ahen~s dopa~ent, b) ~ local proseeuto&a c) the local COBh system, d) the local school system ~d The rectp~ent may not request a ~awdown of ~nds ~td these requirements are met and the fo~al budget allocattons are 20 The recipient has ce~lfied ]tls not m comphance with the ~bhc Saf~ Officers' Health Benefim Prowslon of ~e Depa~men~ of Corette, Justice, and S~te the Judlcl~ ~d Related Agencies Approprmtlons Act, 2000 (Pub L No [n~ comph~ce dunng the hfe of ~e grant consequently BJA will not consider requests to adjust the adjusted award amount OJP FORM 4000/2 (REV S87) pREVIOUS EDITIONS ARE OBSOLETE AGENDA INFORMATION SHEET Agenda item_ Date_ /,~- AGENDA DATE: December/~, 2000 DEPARTMENT Engineering & Transportation ~ DCM: David Hall, Assistant City Manager / Development ServicesA~ ' ~49-8314 SUBJECT Contmuc a pubhc hearing and cons]der amending the Ctty of Denton Mobd]ty Plan - Roadway Component, for the State School Road Connector BACKGROUND An amendment to the Moblhty Plan - Roadway Component ~s under consideration, conslst~ng of a new roadway the eastern edges of Wind Raver Estates and Sundown Ranch to State School Road, north of the Denton State School The City Councd continued the pubhc heanng for this ~tem from November 28th to allow State School representatives the opportunity to comment on the proposed roadway In addition, Councd members asked for add~tlonal ~nformat~on, which has been provided in maps and aerial photos that are attached Staff has worked w~th Bob Shelton and has met w~th representatives of State School to develop a route layout for the proposed State School Road Connector, which was ~dentffied as a needed hnk ~n the Teasley Lane Corndor Study The Shelton Group ~s very interested in the connector Staff has met with Denton State School representatives Shirley Musgrave, Assistant Superintendent, and Jim Slbley, Acting Supenntendent, since the November 28th meeting tO d~scuss the proposed connector Mr S~bley ~nd~cated he wall attend the December 12th public hearing to represent State School's concerns Based on meetings w~th State School, ffthe connector ~s constructed, they would prefer an ahgnment north of the floodplain (and the State School pond) further away from their braidings and recreation area Mr Slbley indicated that the State School wall already be negatively impacted by the FM 2499 ahgnment, which wall reqmre cutting across the southeast comer of the school's property, and that yet another new road should not be located close the campus bmld]ngs The funding and tlrmng for the roadway is mil to be negotiated, but the Shelton Group has stated they will bmld the portaon of road through their property and dedmate the ROW The primary benefit of th~s road is that it could carry about 12,100 trips away from Lllhan Mdler, Teasley Lane and W~nd River Lane RECOMMENDATION Staff recommends approval of the northern alignment alternative shown on the attached map ~1- PRIOR ACTiON/REVIEW (Courted, Boards, Commissions) The Planmng and Zomng Commission recommended approval at their September 27, 2000 meeting The City Council continued the public heanng at the November 28th Meeting to the December 12th Meeting FISCAL INFORMATION If approved, city staff vail lmtmte an agreement with Shelton's group ATTACHMENTS 1 Proposed Mobility Plan - Roadway Componem 2 P&Z Memo 3 Informational Maps and Aerial Photos Respectfully submitted Jerry Clark, D~rector Engmeenng & Transportation -1- Memo To: Planning & Zoning Commission From: Dawd Salmon, PE, City Engineer CC-' Jerry Clark, PE, Director of Engmeenng & Transportation Date", 9~20~00 Re", Mobility Plan Amendment (Thoroughfare Component) This request ~s for a Moblhty Plan Amendment related to pending developments The Teasley Lane Corridor Study established the need for a collector street from with a connection to Sundown Ranch Subdivision to State School Road and a northern connection to Wind River Lane through the Unicorn Lake Development A map ~s enclosed that ~ndicates the proposed amendments as well as the current Thoroughfare Component of the Mobility Plan The Southeast Quadrant of Denton has seen the,highest level of development activity Council asked for the Teasley Lane Corridor Study that ~dentlfied the connection from Sundown Ranch to State School The traffic model indicated that this proposed road section would carry about 12,100 vpd making it necessary ~n the long run to keep Teasley Lane and L~lhan Miller Parkway operating at an acceptable level of service The proposal ~s to provide a collector street from W~nd River Lane to state School Road through Un~corn Lake Development and the northern portion of State School property A local Street would extend from the new collector to Sundown Ranch Subdivision Attached ~s a letter from Bob Shelton, developer of Sundown Ranch and Unicorn Lake supporting th~s amendment State School collector ~s not ~ntended to be through street between FM 2181/Teasley Lane and State School Road It exists to g~ve the many residents ~n the Sundown Ranch and adjacent developments a chome of going west or east S~nce the easterly d~rectlon becomes very congested, th~s rehever iS essenbal A second ~tem for cons~derabon ~s that State School Road is proposed to be reconstructed to a s~x lane urban section and be redes~gnated as FM 2499 As you are aware, that roadway connects to the northern entrance of DFW A~rpott The potential reduction ~n trips from th~s area to IH 35E, Teasley and streets to the west ~s s~gmflcant Staff ,e recommending the State School Mobil,ty Amendment as proposed -1- EXHIBIT B Legend ~V~E Options for new roads are ~ RlpmI~ Ha~l~t ~ Flee'dPleln depicted and numbered in yellow by Engineering Options for new roads are depicted and numbered in yellow 1:60,000 ,Tanvar~/ ~.0o0 by Engineering GIS ORDINANCE NO I AN ORDINANCE AMENDING THE ORDINANCE Pal)OPTING THE DENTON PLAN 1999- 2020 BY, ADOPTING AN AMENDMENT TO THE ROADWAY COMPONENT OF THE DENTON MOBILITY PLAN FOR THE CITY OFi DENTON ADDING A COLLECTOR STREET I CONNECTING WIND RIVER LANE WITH STATE SCHOOL ROAD AND SUNDOWN RANCH SUBDIVISION, PROVIDING A SAVINGS AND A REPEALING CLAUSE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the C~ty of Denton adopted resolution 98-065 adopting the roadway component of the Denton Mobthty Plan to replace the 1988 Thoroughfare Plan on December 15, 1998, and WHEREAS, on December 7, 1999, the C~ty o~ Denton adopted the Denton Plan, 1999- 2020, and. WI-IEREAS, City of Denton Eng~neenng and l Transportation Department recommends that the roadway component of the Denton Mobility Plan of the Denton Plan, 1999-2020 should be amended for a collector street connecting W~nd Raver Lane and Sundown Ranch to State School Road, whtch amendment ~s attached as Exhibit !'A", and WHEREAS, on September 27, 2000, the Plan~ ng and Zomng Commission held a pubhc heanng mad recommended approval of the amendment, land WHEREAS, the C~ty Council, aller a public h~anng on October 17, 2000, finds that the recommended amendment ~s m the best interests of th~ health, safety and general welfare of the citizens of the City of Denton, Texas, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the C~ty Council has rev~e~yed the attached Exhibit "A" to the Denton Mobfi~tylPlan-Roadway Component, of the Denton Plan, 1999-2020 whmh dlustrates the amendment and location of existing and planned roadways w~thm the C~ty of Denton, Texas for the addition of a collector street connecting Wind Raver Lane and Sundown Ranch to State School Road, and hereby adopts such amendments to the plan to be used as the guldehne by the Director of Planning and Zomng of the City as d~re~ted to change the Mobd~ty Plan Map in accordance w~th th~s amendment SECTION 2 That all ordinances or parts of 6rdmances m force when the prowsmns of thxs ordlr~ance became effective whxch are mcons~sten~ or ~n conflxct wxth the terms or prows~ons contained in tlus ordinance are hereby repealed to the extent of any such conflict only The non- conflmUng sectmns, sentences, paragraphs, and phrased shall remain m full force and effect SECTION 3 That a copy of ttus ordinance shall be attached to the Denton Plan, 1999- 2020 showing the amendment hereto approved SECTION 4 That th~s ordmance shall become effective lmmedmtely upon its passage and approval PASSED AND APPROVED th~s the __. day of ., 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY PAGE 2 AGENDA INFORMATION SHEET AGENDA DATE: December/g, 2000 DEPARTMENT: Engineenng & Transportatmn DCM: David Hill, Assistant City Manager/Development Services SUBJECT: Consider adoption of an ordinance of the City of D~ton, Texas changing potions of Cedar, Austin, Pecan, H~cko~. Oak, and Elm Streets to one-way trifle to help improve traffic flow on the downtown square, prowdmg a savings clause, providing a severabfllty clause, providing a penalty not to exceed two hundred dollars, and deelanng an effective date ~ The Square Commumty has been w0rkang on a Plan for reworking how the parking, street patterns and reconstructing the concrete works that have deteriorated severely Thanks to ~Iuhe Olover, an extenswe public mvolvementl process has occurred The groups that have participated have agreed that the one way change t~ the perimeter streets ns essenUal, especmlly dunng the antml ennstmeUon stage of the Square That project is out for b~ds now and should start m ~anuary 2001 The change to one way or~ the perimeter allows addlttonal parking to occur unme~hately whaeh wall ease the construction Impacts some A copy of that plan ns attached for reference A set of the construcUon plans will also be avmlable at the meeting ' n RECOMMENDATION: Approval of the one way designation of the streets above accordan6e voth the Square Plan from Armstrong, Berser pRIOR ACTION/REVIEW (Council. Boards. Commissaons~ Revtewed and approved by the Traffic Safety Commass~on on October 2, 2000 FISCAL:INFORMATION The cost of the changtnglof these signs ts esttmated to be tn the range of $5000 whtch will come from the extstmg traffic budget Respectfully subnutted JL~ect°~feenn~ & T~( ~ ClTYOFDENTON~ TEXAS Main Street, 100!N Locust, State 2 · Denton, Texas 76201 Telephone (940) 349-8529 · FAX (940) 349-8518 MEMIO Date' September 21, 2000 To Jerry Clark, Engineering From: Julne Glover, Mann Street Program Manager Re One-way streets (Cedar, Pecan, AUstnn and Walnut) Jerry, I've attached a copy of the letter that was sent out last week (9-13-00) We also sent a map (attached) w~th the memo There were 77 merchants and property owners contacted, 23 are Man Street Assocnatnon memberS, and 54 are not members i have received one phone call as a result ofthe let!er Bdl Collnns, co-owner of Carol's Draperies and a loft apartment resndent, commented that we needed to enforce the "Compact Cars Only" parking on the snde of the T~xas Bmld~ng (Locust and Oak) He sa~d there are Surburbans parked there and, nf someone ~s trDng to turn let~ onto Locust offofPecan, there ns a problem seeing the on cormng traffic I told ham I would notnfy the Pohce Department 'Ded, cated to Quahty Serv,ce CITY OF DENTON, TEXAS Main Street · 100 N Locust, Suite 2 · Denton, Texas 76201 Date September 13, 2000 Telephone (940) 349-8529 · FAX (940) 349-g5111 To Downtotsn Merchants From Julne Glover, Mare Street Program Manager Re One-ss a) streets (Cedar, Pecan, Austin and Walnut) Just a note to recap what we've been d~scussing for the past tsvo 3ears - one of the suggeshons that came out of the Capntal lmprosement Plan d~scuss~ons was to change the back streets (Cedar, Pecan, Austnn and Walnut) around the square from two-svay to one-wa) Listed belosv are meetings W~th the Mare Street Assocmtmn (MSA) and merclnants on the square where tce discussed the CIP and one-way,streets 1999 June 18--MSA Meeting 2000 March 7--Neighborhood meeting, March 17--~,ISA meeting, July 21--MSA Meehng, August 10-- Neighborhood meeting, August 15---Neighborhood meeting Nohces were hand dehsered to the merchants for the last ttto meetings and the ot ertthelmmg majority was m agreement tilth makiug the back streets one-way Thc) also felt that s~e should nmplement thns as soon as possnble Constructnon on the capital improt ements avdl begin m Januar) and the one-wa~ streets trail pros~de 15 extra parking spaces To at otd traffic conflict movement at the Northeast s~de of the square (H~ckorv and Locust) ~t tt as suggested that ste extend the one-s~as d~rect~on of H~ckors to Austin Streets Currentl), the one-wa) stops at the sqaaremtersecbon Ltkew~se, at the Southeast corner (Oak ,md Locust), ~te should extend the one~ssa) d~rectionto Austin Th~s will force vehicles to turn onto Austin rather than ttmtmg untd the) reach Locust on the square The nmtial publnc hearing was held at the Ctvnc Centen about ttso )ears ago Most recently, Mare Street held meetings at Ruby's Dumer on Thursda), August 10, 2000, aud ~l uesday, August 15, 2000 The pr~mars subject d~scussed sc as changing Oak and H~cko~ y to one ss ay all the ttas tO Austin St aud changing the perm~eter streets bke Austin, Pecan, Cedar and the rest of Walnut to One tva) running m the opposite dnrectmn that Oak, Hnckor), Elm aud Locust run A map of the proposed changes ~s included ts~th tlus memo Many large cat,es hat e their do~ntosvn streets desngned lake th~s mcludnng FT Wortln and Dall9s Altbotlgh there was s~gmficant dnscussmn in both groups, fine clear d~rectmn gn*en to stall m both of the meetings ~tas that changing the streets should proceed The tentatit e starhng date for the Square project ~s early 2001 Those m attendance recommended that the pernmeter streets and Oak and H~ckor) to Austin be changed to one ~sas as qmckl~ as possible Their prnmary interest was the added safets and addntmnal parl~ng spaces that wall be ganned The secbon of g~ alnut behteen Locust and Elm is alread* one was heading svest, approsed about I ~ ear ago TECHNICAL INFORMATION Oak and H~ckor) currenIly changes from One ¥,'at to Tsvo Wa) at Locust, ~ lush greath impacts the safet~ and capac~t~ of those ~nten scctmns One~wa~ streets has e less titan half of the number of conflnct movements that tsso-ssa) nntersect~ons haze because onl) h~o d~rectmns of flo~t hate to be controlled ~llle number of left turns Is reduced sshlch is the prmtars conflict movement that causes acmdents and reduces capacnt~ Since the traffic sngnals bare onlt t~*o mosenten~s to control ~nstead ot 8 t~hen all left turns are separated, tine capqcnt) of the mtersectmn Is greath increased This allo~ss traffic to mose qmcker due to shorter cc cie lengths, afiot~ s better coo~ dmatmn ol the tralfic s~gnals, aud reduces the number of red/t ello~v bglnts that need hansntmn pb'~ses or that cant be t~olated Red bght rnnners create the ~sorst possnble s'tfett hazards Reducing tbe nnmbcr ol left tllrns tt altlng for sellosts to make their illotement in bet~seen phases ns another prlmart safetv lmpno~ement Those colllslOOS are prlmards right angle colhs~ons Ihat result in the lughest lexel of damage and mjur~ lo parhclpauts Please address add~tnonql comments to fulne Glover at the Mann Street office at 940-349-8522 The Trafl~c Safets Comnussnon ~ll meet ou Oct 2 at 5 30 p m m the £Hs Councd Chambers at C~tt Hall to tote on tlus~ssue 3 'Ded, cated to Quahty,Serv,ce One Way Street Lint-2000 Contact Name Business Add,less Address 2 Don Grimmer Grimmer Ru~]s 109 N Elm Denton, TX 76201 Ken Wilhs Ruby's Diner 111 N Elm Denton, TX 76201 Wayne Shies Denton Corem Church 115 N Elm Denton, TX 76201 Frank Zan~erl First People's Jewelr~ 117 N Elm Denton, TX 76201 Wayne Stiles , Vision M~nistries 119 N Elm Denton, TX 76201 Bill Enms Freeman Antiques 121 N Elm Denton, TX 76201 ]Randall Boyd , Attorney 123 N Elm Denton, TX 76201 Suzanne Robinson County Seat Antiques 207 N Elm Denton TX 76201 Bdl Thomas Thomas Ethan Allen 205 A & B,N Elm Denton, TX 76201 Leland White White's Furniture 101 W HiCkory Denton, TX 76201 Pat Daws Memories So Spectal 105 W Hickory Denton, TX 76201 Valeree Cle~l Chestnut Tree 107 W Hll:kor¥ Denton, TX 76201 Ceha Re~d Evers 109 W Hickory Denton, TX 76201 Karen W~lson ;ourthouse Collection !111 W Hi~;kory Denton, TX 76201 K~m Kitchens :3enton County Hamburger 113 W Hickory Denton, TX 76201 Bob Moses Elements of Desitin 115 W HiCkory Denton, TX 76201 Beth Marie cqx Beth Marie's Ice Cream 117 W Hickory Denton, TX 76201 Amta Bruno Loophole 119 W Hickory Denton, TX 76201 Jerr7 Taylor Lakeside Offices 121 W Hmkory Denton, TX 76201 Chnt Ballard H~ckory Street Offices 207 W Hmkory Denton, TX 76201 Resident 209 W H~ckor~ Denton TX 76201 Carrell Ann Simmons First State Bank 101 S Lo~;ust Denton, TX 76201 Juhe Glover Denton Mare Street 100 N Lo~:ust #2 Denton, TX 76201 Gene Gamble Gene Gamble Agency 102 N Locust Denton, TX 76201 J~mm¥ Meredith The Downtowner 104 N Locust Denton, TX 76201 Lloyd Hensley T & Son's 106 N Locust Denton, TX 76201 Leo Wdl Mm~ Mall I 108 N LoCust Denton, TX 76201 Leo W~II Mm~ Mall II 118 N Locust Denton TX 76201 Andy Bosbck Andy's Subs & P~zza 122 N Locust Denton, TX 76201 Becky Klett Recycled Books 200 N Locust Denton, TX 76201 Robble Page Bochy's Bakery 114-116 I~ Locust Denton, TX 76201 Bdl Thomas Thomas Ethan Allen _)00-206 W Oak )enton TX 76201 Scott Brown Texas Bulld~n~ 100 W Oak, Denton TX 76201 Vlrg~ma McNe!ll McNedl's Appliances 104 W O~k Denton, TX 76201 Joann Shlple¥ Attorney 108 E Oak Denton TX 76201 Tim Robinson Badeywlck's 108 B W Oak Denton TX 76201 ~/alerm Von Ber~len Seeds Art Gallery 108-A W Oak Denton, TX 76201 Brenda & Sam Soules Ausbn Street Anbques 110-B W 'Oak Denton TX 76201 Robb Bertels~n The Candy Store 110-A W Oak 3enton TX 76201 Carol Collins Carol's Custom Draperm~ 112 W Oak Denton, TX 76201 Larry McBride McBrlde's Pawn & Music 116 W Opk Denton, TX 76201 Carolyn Bastaln Mr Gattls Pizza 118 W Qak 3enton TX 76201 David Gosdln Stone Soup 120 W O~k 3enton TX 76201 Carol Sanford Don Hicke¥ Attorney 124 W Oak Denton, TX 76201 Chris Savlno Chris Sav~no's Guitar 208 W Oak Denton, TX 76201 Campus Theater 214 W Hickory Denton TX 76201 Robert Sherman :Longhorn Gallery 101 N Elm Denton TX 76201 Side Street hair 118 Cedar Denton, TX 76201 TRAC 215 W O~k Denton, TX 76201 Sue's Bnde & Formal 216 W O'ak Denton, TX 76201 )enton F~re Department 1211 Cedar Denton, TX 76201 Shared/Mnst/MSN One Way Street hst-2000 5 One Way Street L~st~2000 Denton F~reflghters Assn 215 Cedar Denton, TX 76201 C~ty Hall West ;)21 N Elm Denton, TX 76201 Wayne Johnson Unique Barber 205 N Elm Denton, TX 76201 -{e~rtoom Furniture 212 N Au~bn Denton, TX 76201 Charles Mayfield Woodworktng& Design 210 N Austin Denton, TX 76201 Auto Body Shop Design 218 N Locust Denton, TX 76201 Duane Coker Attorney 118 E McK~nney Denton, TX 76201 ' VOl Partners 201 N Au~hn Denton, TX 76201 Fwe Star 117 E oak Denton, TX 76201 Gerald Stockard Attorney 120 E Oa'k Denton, TX 76201 Bruce Robertson 108 E Oa'k Denton, TX 76201 Mar~on Graham Hair Salon 121 Pecar~ St Denton, TX 76201 B & O Automotive 219 N Locust Denton, TX 76201 Daws Studio 124 N Austin Denton, TX 76201 ~,usbn Street Anbques 121 N Ausbn Denton, TX 76201 Robinson & Robinson Att)/ 120 N Aulsbn Denton, TX 76201 ~nlhant Technologies 116 N Aulst[n Denton, TX 76201 J~m Gnffin Gr~ff~n Hair Stylist 113 E HiCkory Denton, TX 76201 Computer D~/nam~cs 100N Locust#3 Denton TX76201 Wayne Allen Construction 100 N LoFust #1 Denton, TX 76201 David Marbno The Bank Bu~ld~n~ 4974 Chrlst~ Lane Aubre¥, TX 76227 Curtis Loveless Attorney 218 N Elm Denton, TX 76201 DATCU 225 W Mulberry Denton, TX 76201 Tony Jeter Umted Mattress ;)20 W O~k Denton, TX 76201 ~,ob Harmon Sweetwater 115 S Elm Denton, TX 76201 Mike Kevhn B~g D Properbes P O Box 270874 Flower Mound TX 75027 Shared/Mnst/MSN One Way Street hst-2000 6 Traffic Safety Memo September 11, 2000 Meeting ITEM #2 REVlEIN AND CONSIDER THE DOWNTOWN PUBLIC IMPROVEMENT PLAN AND PROPOSED ONE-WAY STREETS - HICKORY, WALNUT, LOCUST, AUSTIN, OAK, PECAN, ELM, AND CEDAR ~ Th~s request ~s Eom the Ma~n Street Office aS part of the Downtown Project approved tn the 1996 Capital Improvements Program The first phase ~nvolves upgrading the Square Proper to look much hke the Longhorn Gallery Comer Staff w~ll have a set of those plans available at the meeting to wew or answer any questions A memo from Juice Glover, Main Street Manager, ts prowded ~n your packet to summar=e the last two years of d~scuss~ons that have occurred on th~s ~ssue The tn~bal public heanng was held at the C~v~c Center about 2 years ago Most recently, Ma~n Street held meetings at Ruby's D~nner on Thursday, August 10, 2000, and Tuesday, August 15,2000 The primary subject d~scussed was changing Oak and H~ckory to one way all the way to Austtn St and changing the perimeter streets like Austii3, Pecan, Cedar and the rost of Walnut to One way running ~n the oppos~ta d~roct~on that Oak, H~ckory, Elm and Locust run A map of the proposed changes ~s ~ncluded in your backup Many large c~ties have their downtown streets designed like th~s ~nclud~ng FT Worth and Dallas Although there was s~gmficant d~scuss~on ~n both groups, the clear d~recbon given to staff tn both of the meetings was that changing the streets should proceed on The tentabve starting date for the Square project ts early 2001 Those In attendance recommended that the perimeter streets and Oak and H~ckory to Ausbn be changed to one way as quickly as posstble Their pnmary interest was the added safety and additional parking spaces that w~ll be gained Again, Julle's memo addresses the d~scuss~ons and the final recommendation The section of Walnut between Locust and Elm ~s already one way head;ng west, approved about 1 year ago TECHNICAL INFORMATION Oak and H;ckory currently changes from One Way to Two Way at Locust which greatly ~mpacts the safety and capacity of those intersecbons One way streets have less than half of the number of conflict movements that two way ~ntersect~ons have because only two d~rocbons of flow have to be controlled The number of left tums ~s reduced which ~s the pnmary conflict movement that causes acc{dents and reduces cepac~ty S~nce the traffic s~gnals have only two movements to control ~nstead of 8 when all left turns are separated, the cepac~ty of the ~ntersect~on ~s greatly tncreased Th~s allows traffic to move qutcker due to shorter cycle lengths, allows better coordination of the traffic s~gnals, and reduces the number of rod/yellow I~ghts that need transition phases or that can be wolated Red I~ght runners create the womt possible safety hazards Reducing the number of left tums walbng for yellows to make their movement ~n between phases is another primary safety ~mprovement Those collisions aro pnmanly nght angle coll~s~ons that result ~n the h~ghest level of damage and tnjury to parbc~pants ~ATION Staff recommends that Traffic Safety approve the one way des~gnabons for Oak, H~ckory, Pecan, Cedar, Walnut, and Austin as per the map This ~s consistent w~th the Downtown Plan created by Armstrong and Berger Architects for the Ctty of Denton A copy of that w~ll be available at the meebng M~nutes Traffic Safety Commission October 2, 2000 ITEM #2 REVIEW AND CONSIDER THE DOWNTOWN PUBLIC IMPROVEMENT PLAN AND PROPOSED ONE-WAY STREETS - HICKORY, WALNUT, LOCUST, AUSTIN, OAK, PECAN, ELM, AND CEDAR: Sawko made a motion to open d~scuss~on of the Downtown Pubhc Improvement Plan and proposed one-way streets Monbc~no seconded the motion Motion passed unammously Clark sa~d th~s ~s the proposal to create one-way streets on the Square The Commission has heard all the technical data Staff needs to be sure the Commission has enough detail on the notification Th~s process has been going on for about two years, ~ncludmg many public meebngs and about four workshops, two of which were menttoned at the last meeting Bus,ness owners were mwted to look at the plans and express any concerns or questions Juice Glover, Ma~n Street Manager, has tned to provide ~nformabon that these one-way streets w~ll be a benefit When these streets are made one-way and one lane, there w~ll be more parking spaces ~mmed~ately Everyone on the Square is ~nterested m more parking Glover has put a lot of time and hard work ~nto th~s effort to make ~t happen Walters sa~d th~s ~ssue was tabled at the last meebng because of lack of not~ficabon to all bus~ness owners, not Just members of the Ma~n Street Association Has the notification been sent? Glover sa~d there ~s a two-page I~st given to the Commissioners The names ~n bold print are members of the Assoc~abon Seventy- seven (77) businesses were nobfled GIover sa~d the first notice was physically carried around to each bus~ness so she could get feedback from everyone She only received a couple of negative comments The businesses knew about the meeting tomght and d~dn't choose to come Chairman Walters asked ~f anyone wanted to speak for or against the Downtown Improvement Plan No one came forward The pubhc session closed Sawko made a motion to approve the plan of one-way streets as written Cheek seconded the motion The motion passed unanimously 9 I0 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CHANGING PORTIONS OF CEDAR, AUSTIN, PECAN, HICKORY, OAK, AND ELM STREETS TO ONE-WAY TRAFFIC TO HELP IMPROVE TRAFFIC FLOW ON THE DOWNTOWN SQUARE, PROVIDING A SAVINGS CLAUSE, PROVIDING A SEVERABILITY CLAUSE, PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 When s~gns or markangs are ~n place glvang notme thereof, the followang street or port,on of a street shall be demgnated for only one-way traffic headang west and ~t shall be unlawful to travel east on that port,on of the street On Walnut Street from ~ts lntersectaon w~th Austin Street to ats ~ntersectlon wath Cedar Street On Oak Street from ~ts antersectaon w~th Austin Street to its mtersectaon w~th Jagoe Street or Avenue C SECTION 2 When s~gns or markangs are an place gavlng not~ce thereof, the following street or port~on of a street shall be designated for only one*way traffic headang east and at shall be unlawful to travel west on that port~on of the street On H~ckory Street from ars ~ntersectaon with Avenue C to ats ~ntersectlon wath Austin Street On Pecan Street from ats ~ntersectaon w~th Cedar Street to ~ts antersect~on w~th Austan Street SECTION 3 when sagns or markangs are ~n place gavang notme thereof, the following street or pomon of a street shall be desagnated for only one-way traffic heading south and at shall be unlawful to travel north on that pomon of the street On Austin Street from ats antersect~on with East McI<hnney Street to ~ts ~ntersectaon w~th East Mulberry Street SECTION 4 When signs or markings are ~n place gavang notme thereof, the followang street or port,on of a street shall be designated for only one-way traffic heading north and ~t shall be unlawful to travel south on that portion of the street, On Cedar Street from its lntersechon w~th East Mulberry Street to ats antersect~on wath East McKanney Street SECTION 5 That all provisions of the ordinances of the C~ty of Denton in confhct w~th the provisions of th~s ordinance are hereby repealed, and all other provisions of the ordinances of the C~ty of Denton, not in conflict w~th the provisions of this ordinance, shall remmn in full force and effect SECTION 6 That if any prowslon of this ordinance or application thereof to any person or c~rcumstance is held invalid, such mvahdlty shall not affect the other provisions or apphcatlons, and to this end the provisions of this ordinance are severable SECTION 7 That when signs are erected giving not~ce thereof, any person violating any of the provisions of this ordinance shall be gmlty of a misdemeanor, and pumshed by a fine not to exceed Two Hundred Dollars ($200 00) SECTION 8 That th~s ordinance shall become effective fourteen (14) days from the date of ~ts passage, and the City Secretary ~s hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, w~thm ten (10) days of the date of its passage PASSED AND APPROVED this the day of ., 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 of 2 AGENDA INFORMATION SHEET AGENDA DATE December/g, 2000 DEPARTMENT Pohce Jori Fortune ~ ACM SUBJECT An Ordinance of the City of Denton, Texas amending Chapter 6 relating to ammals by replacing Chapter 6, prowdmg a severablhty clause, a sawngs clause, prowdmg for a penalty not to exceed $500 for wolat~ons of th~s ordinance, and provtdmg for an effective date BACKGROUND Several months ago, James Hmeman presented a c~hzen report outhmng neighborhood concerns about the resident at 2206 Mercedes keeping a large number of dogs m her home and the resulting waste odor and no~se nuisance Mr Hmeman requested the Council consider adoption of an ordinance that would hm~t the number of ammals a resident could mmnta~n on their property to avoid future s~tuat~ons of th~s nature On September 12, 2000, Council received a staff report regarding the rews~on of Chapter 6 of the Code of Ordinances that regulates animals w~thm the C~ty hm~ts In addition to the ~ssue of hm~tmg the number of animals, staff proposed revising ordinances that addressed dangerous ammals, home quarantines and the prohibition of ferrets, and presented mformat~on regarding mandatory stenhzat~on Council d~rected staff to move forward w~th the revision of Chapter 6 Meetings were held w~th the Ammal Shelter Advisory Board, local veterinarians, ammal rescue group representatives, and the recently graduated Clt~zen's Pohce Academy class to sohc~t ~nput regarding the hsted ~ssues Using that ~nformat~on and staff recommendations, the Legal Department prepared the attached rews~on of Chapter 6 for Council' s consideration The following ~s a summary of the major revts~ons proposed 1 Ferrets There was no c~t~zen opposition to the legahzat~on of ferrets The proposed ordinance removes ferrets from the hst of prohibited ammals and includes ferrets m any ordinance that regulates dogs and cats 2 Section 6-8 Restraining Ammals The proposed ordinance prohibits leawng an animal unattended m a pubhc place even ~f ~t ~s restrained on a leash This provision was added ~n response to problems reported by City Library personnel involwng a patron that repeatedly left a dog tied up outside 3 Section 6~9 Animal Nuisances There was no citizen opposition to the chromatron of"know~ngly" from the ordinance that addresses noise and waste odor caused by anxmals The proposed ordinance removes "knowingly" from the prewous ordinance It ~s beheved that this will facilitate greater success an the enforcement of the ordinance 4 Section 6-10 Defecation of dogs on pubhc ~d private property This ordinance was included at the request of Councilmember Young and is modeled after the recently adopted "pooper-scooper" ordinance in the City of Dallas The request was received after the meetings with the Advisory Board and the vetennanans, but the animal rescue group representatives were not opposed to it 5 Section 6-12 Ammal Care Generally This section expands on the current ordinance to ~nclude leaving an animal unattended in a vehicle such an act places the animal at risk and acts of cruelty as defined m Chapter 42 09 of the Texas Penal Code and Chapter 821 of the Texas Health and Safety Code Th~s ordinance provides Ammal Control Officers w~th laws they can enforce to address the common complaints of cruelty 6 Section 6-13 Multi-Pet Ownership This ol~dlnance is included at the request of Mr H~neman and the d~reet~on of the Council It hmtts the number of dogs, cats, or ferrets, or combmatlon of the three, to four It prowdes for multiple pet permits for legitimate breeders and individuals acting as foster homes for animal rescue organizations It also contmns a "grandfather clause" which allows an individual who owns ammals m excess of the hm~t to rnaintam those ammals as long as they were registered w~th the Animal Control Department within the previous twelve months Upon the death or other loss of the animal, the owner could not replace the animal flit placed the number of animals they kept over the hmit As reported previously, a s~gnlficant number of mumcipahties have such an ordinance and the most common number of animals allowed was used In drafting th~s proposal However, there was no c~tlzen support for limiting the number of ammals The overwhelmmg c~t~zen opimon was that the Department should address the resultmg problems hke no,se and waste odor w~th ex~stlng or rewsed ordinances rather than restrict all md~viduals in the number of ammals they can maintain They c~ted examples of~ndiv~duals who owned dogs ~n excess of the recommended hmit that posed no problems,while some ~ndiwduals own one dog that barks constantly Additionally, they were concerned about an owner w~th several acres being restricted ~n the same manner as an owner living on a small s~ngle-famfly lot or an apartment Many of the citizens adwsed that they would be over the hm~t and the vetennarians estmlated that the hm~t would affect twenty to twenty-five percent of their chentele The vetennanans suggested that, ff the C~ty felt it necessary to adopt such an ordinance, a hmit of no less than ten 2 ammals should be adopted and the limit could be decreased at a later date ~f problems still persisted 7 Section 6-9 Protective Custody Impounds Thru ordinance ~s Included to anthonze impounds under circumstances in which the owner has become mcapable of caring for the pet It also provides for a longer holding period to prowde the owner ample time to make arrangements for the redemption of the animal 8 6-20 Reqmrements to redeem a dog, cat or ferret A citizen requested that the City Councd consider adopting an ordinance reqmnng all dogs and cats to be stenhzed to reduce the population of unwanted animals The Advisory Board and the vetennanans were opposed to such an ordinance However, the ammal rights representatives strongly supported any type of mandatory stenhzatton After much discussion, a provision for mandatory stenhzat~on upon the second ~mpound has been included for Council's consideration The Ammal Control Department ts attempting to reduce the percentage of impounded ammals that are subsequently euthanlsed One method of accomphsh~ng that goal ts to reduce the number of unwanted animals and one way tO reduce that number ~s through stenhzatlon The proposed ordinance allows for one impound to provide the owner an opportumty to correct the situation that allowed the ammal to be at- large A second impound ~s indicative of an owner who ~s either neghgent in the mmntenance of the animal or is unconcerned about the animal being at-large As reported earher, the C~ty of Ft Worth reqmres sterthzat~on on the first impound and citizens generally advise that they had intended to have the animal stenhzed anyway The proposed ordinance ~s beheved to be a fair compromise 9 Section 6-27 Rabies Quarantine, confinemont and d~sposltmn Th~s section has been revised to include stricter criteria for home quarantine The proposed gmdehnes wall ensure that home quarantines are approved ~n an eqmtable manner and ensure the pubhc's safety 10 Article II Dangerous Ammals The dangerous ammal determ~natmn process has been totally revised The proposed ordinance ehm~nates the probable cause heanng and allows for the ~mmedlate ~mpoundment of the suspect animal if the Animal Control Officer's investigation shows there ~s probable cause that the suspect ammal untlated an unprovoked attack on a human or another ammal that resulted ~n bodily ~njury The junsdmtlon for a dangerous ammal determination heanng has been moved from the currently prescribed three-member panel to the Municipal Court The proposed ordinance also includes strict cnterm that must be met for an individual to malntmn a dangerous animal within the C~ty hmlts 11 The proposed ordinance ehm~nates the section regulating migratory b~rd roosts to eliminate any confbcts w~th the current landscape and tree preservation ordinances 12 Tasks assigned to the C~ty Manager in the current ordinance have been assigned to the Chief of Pohce or his designee OPTIONS 1 Councxl can adopt the proposed Chapter 6 as presented 2 Councd can adopt the proposed Chapter 6 wlth rewslons 3 Counml can choose not to adopt the proposed Chapter 6 and direct staff to perform further research or work on the revmions RECOMMENDATION Staff recommends the Council move toward adoption of the proposed Chapter 6 w~th the exception of Section 6-13 (Multi Pet Ownership) 1 As the citizens stated, the hm~t on th, number of ammals w~ll adversely impact responsible owners who pose no nuisance to others 2 The resulting problems of waste odor and no~se can be addressed through the effective, consistent enforcement of ordinances related to those issues 3 Staffrecogluzes the serious nature of the situation on Mercedes Street However, there is no evidence that slmdar mtuatlons exist to any s~gmficant degree throughout the C~ty PRIOR ACTION/REVIEW These ~ssues were presented to Council on September 12, 2000 FISC~_~_ IMPACT There is no identified fiscal impact at this time Respectfully submitted, Gary L Matheson Chief of Police Prepared by Joame Housewnght 4 Support Operations Captain ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDiNG CHAPTER 6 RELATING TO ANIMALS BY REPLACING CHAPTER 6, PROVIDING A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, PROVIDiNG FOR A PENALTY NOT TO EXCEED $500 FOR VIOLATIONS OF THIS ORDINANCE, AND PROVIDiNG FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAiNS SECTION 1 That Chapter 6 "Animals" of the Code of Ordinances of Denton, Texas ~s hereby amended to read as follows Chapter 6 ANIMALS* ARTICLE I. IN GENERAL Sec 6-1. Short title. Tlus chapter may be cited as the Denton Ammal Control Or&nance Sec. 6-2 Definitions. The following words, terms and pkrases, when used ~n th~s chapter, shall have the meamngs ascribed to them ~n tlus section, except where the context clearly indicates a d~fferent meanmg "Abandon" means to leave w~thout human supervision, unattended, and without adequate prows~ons, for an unspemfied amount of t~me "Ammal" means all hwng creatures, excluding human beings, and where apphcable ~ncludes btrds, fish, mammals, and reptiles "Ammal control officer" means the person employed by the city to represent and act for the c~ty ~n the ~mpoundment of ammals, controlhng of stray animals, enforcement of th~s chapter and apphcable state regulations, and as otherwise authorized here~n "Ammal control center or shelter" means a cxty-operated or designated famhty for the impounding and caring of ammals held under the authority of th~s chapter "Ammal waste" means feces, urine, htter, bedding, spoiled food, or other animal matter that causes foul odors, attracts vermin or encourages thmr reproduction Page 1 of 30 "At large" or "running at large" means an animal not kept within an enclosure or fenced area or restrained by a leash of suffiment strength and length to control the actions of smd animal "Building" means any structure or enclosure intended for use or occupation as a habltatmn or for some purpose of trade, manufacture, ornament or use "Cat" means an animal of the feline species, both male and female "Circus" or "Carnival" means a commercial variety show featunng animal acts for pubhc entertainment "City" means the C~ty of Denton, Texas "Commercml kennel" means any premise wherein any person engages in the bus~ness of boarding, breeding, buying, letting for hire, trmnmg for a fee or selhng dogs and cats "Dangerous Animal" means a dog that makes an unprovoked attack on a person, or a domestic ammal, that causes bodily injury "Dog" means an animal of the canine species, both male and female "Domestm ammal" means all species of ammals commonly and universally accepted as being domesticated "Estray" means any stray livestock "Ferret" means a domesticated animal of the putonous famdy, both male and female "Fowl" means any spemes of feathered animals which are normally stated for, or kept or used on, a farm, a ranch, or s~mllar setting for agricultural purposes such as food or food production, animal husbandry, and production of clotlung material, commeme, or other s~mllar purpose, regardless of age, breed, or sex, unless stated herein, or determined by the animal control officer The following and s~mdar species shall be considered to be fowl regardless of age, breed, or sex, unless otherwise stated herein or determined by the animal control officer chickens, ducks, game hens, geese, guineas, peafowl, pheasant, quml, swans, and turkey "Habitation" means a structure that is adapted for the overnight accommodation of persons "Harbor" means the act of keeping and or canng for an animal or of prowthng premises to which the ammal returns for food, shelter, or care, for a period of at least three days, or protection from impoundment "Hybrid" means the offspnng of two ammals of different spemes Page 2 of 30 "Livestock" means any species of animals which are normally suited for, or are kept or used on, a farm, ranch or s~mflar setting for agricultural purposes such as animal husbandry, food or food production, production of fiber or clotlung material, mhng, driving, pulhng, hauhng, commerce, or s~mflar purpose For purposes of th~s chapter, the following or similar species of animals shall be considered to be hvestock, regardless of age, breed,, or sex, unless otherwise stated herein or determined by the ammal control officer bovine, equine, goats, sheep, swine "Owner" means any person owmng, keeping or having custody or control of, or who has primary responsibility for the care of, or right of property m, an animal "Pohce canine" means any dog traaned or being trained for law enforcement purposes, which is under the care, custody, and control of a law enforcement officer "Possession" means actual care, custody, control or management of an ammal "Premases" means any parcel of land that is owned, leased, or otherwise controlled by a person "Prohibited animal" means any spemes of ammals whose sale, display, or possession within the city limits is unlawful The following or s~mflar species of animals, including their hybrids, shall be considered prohibited 1 Class Rept~ha Family Helodermatldea,(the venomous hzards), family Vlpendae (rattlesnakes, pit vipers and tree wpers), family Elap~dae (coral snakes, cobras and mambas), family Colubndae--Dlsphohdus typuss (boomsland), Cyclagras g~gas (water cobra) and Bmga dendrophlla (mangrove snake) only, order Phldm (racers, boas, water snakes and pythons), order Crocodlha (crocodiles, alligators, cmmans and gawals) 2 Class Aves Subdlv~s~on Rat~tae (such a~ ostriches, rheas, cassowaries and emus), 3 Class Mammaha Order Carnivora, family Fehdae (such as ocelots, margays, t~gers, jaguars, leopards and cougars), except commonly accepted domesticated cats, family Can~dae (such as wolve~s, dlngos, coyotes and jackals), except domesticated dogs, family Mustehdae (Such as weasels, martens, minks, badgers), except domesticated ferrets, family Pro~eyomdae (raccoons, family Urstdae (such as bears), order Marsupmha (such as kangaroos and common opossums), order Edentata (such as sloths, anteaters and lVmadlllos), order Probosmdea (elephants), order Pnmata (such as monkeys, chimpanzees and gorillas), order Rodentla ( such as porcupines), and order Ungulata (such as antelope, deer, b~son and camels) Prohibited animal does not mean a psattacme bard, canary, finch, hamster, guinea ptg, rat, mouse gerbil, or reptile famxhes Leptotyphlop~dae and Colubndae "Protective custody impound" means an the impoundment of an animal as the result of a fire, medical emergency, hospltahzatlon, custody arrest, or other natural or manmade situation that Page 3 of 30 leaves the owner, harborer or person otherwise in possession of animal incapable of mmntmning control of, or canng for, the animal "Public place" means any place to which the public or a substantial group of the public has access and includes but is not limited to streets, sidewalks, highways, alleyways, parks and the common areas of schools, hospitals, apartment houses~ office buildings, transport faclhtles and shops "Quarantine" means the strict isolation of a biting animal or animal suspected of being rabid in a closed cage or pen in a manner that prevents physical contact between the animal and all other animals and humans "Stenhzatmn" means the surgical removal of the reprOductive organs of an animal to render it unable to reproduce "Stray animal" means any animal for which there is no identifiable owner or harborer, which is found to be at large within the corporate hmlts of the city "Strict isolation" means to confine an animal in a closqd cage or pen in a manner which prevents physical contact with other animals or people for a permd of nme specified by the animal control officer "Vaccinated" means an animal properly injected by a licensed vetennanan with a rabies vaccine licensed for use in that species of animal by the United States Department of Agriculture (USDA) "Vermin" means flies, ticks, fleas, lice, rats, mosquitoes or other small animal or insect which may be annoying, destructive, or injurious to health Sec 6-3. Exemption of city officials from habihty All of the regulations provided m this chapter and the functions and duties of all officers, agents, servants or employees of the city in the enforcement of this chapter are declared to be governmental and for the benefit, health and welfare of the general public Any city official or em lo e charged with the enforcement of this articl6, acting for thc city in the discharge of his P Y~ , or her duties, shall not thereby render himself or herself personally liable by the performance of any act rgquired or permitted in the discharge of his or]her duties Sec 6-4 Enforcement (a) The city anthonzes ammal control officers to enforce the provisions of this chapter and to act as the local healthI authority and animal control authority in enforcing the provisions of apphcabl~ sections of the Texas Health and Safety Code Page 4 of 30 (b) The authority of an animal control officer ~ncludes, but ~s not limited to (1) The authority to ~ssue c~tat~ons and swear out summonses for any vtolat~on of th~s chapter and any other power or duty stated within the terms of th~s chapter, (2) The humane destruction of an animal whmh ~s diseased or has been senously ~njured to the degree that destntct~on ~s the most humane course of action or when an ammal poses an ~mmment danger to a person or property, (3) The impoundment of an ammal under provlsmns of th~s chapter or when the ammal is diseased and endangers the health of a person or another animal, and (4) The pursmt of ammals running at large onto private property, excluding entrance ~nto a habitation without the effective consent of the owner, while enforcing the provisions of th~s chapter and to enter onto private property and commercial animal estabhshments to enforce regulations covered ~n th~s chapter (c) It shall be unlawful for any person to intentionally and knowingly ~nterfere wtth an ammal control officer ~n the performance ofh~s or her duttes (d) It shall be unlawful for any person to fail to comply w~th any lawful order of an ammal control officer of the mty (e) It shall be unlawful for any person, upon being ~ssued a c~tatmn, to g~ve an animal control officer a false name or a false address (f) It shall be unlawful for any person to remove, altar, damage or otherwise tamper with a trap or other eqmpment that ~s placed on any property by an animal control officer for the purpose of exerms~ng the authority, or performing any duty, prescribed by th~s chapter See 6-5 Animal control center or shelter. The mty council shall select and estabhsh famht~es in the c~ty for ~mpoundment, adoption, mmntenance and humane destruction of stray, at large, diseased, and dangerous ammals Sec 6-6 Animal shelter adwsory committee - Creation (a) There ~s hereby estabhshed and created the animal shelter advisory committee to be composed of seven (7) members who shall meet the following qualfficat~ons (1) One (1) hcensed vetennanan, (2) One (1) c~ty officml, Page 5 of 30 (3) One (1) person whose duttes mclude the dmly operataon of an animal shelter, (4) One (1) representative of an ammal welfare organtzat~on, (5) Three (3) people who are not m¥olved by occupation or membership an any of the above categories (b) Each member shall serve a term of office of two (2) years from the date of h~s or her appmntment, and terms shall be staggered Sec 6-7 Same- Purpose, meetings. (a) It shall be the purpose of the ammal shelter admsory commtttee to assist the ctty tn complying wtth the reqmrements of the animal shelter act, Texas Health and Safety Code 823 005, and to make recommendatmns to the c~ty councxl regardtng methods and procedures necessary to ensure comphance with the Act (b) The commtttee shall meet at least three (3) t~mes per year Sec 6-8. Restraining Animals (a) It shall be unlawful for the owner, harborer, or person m posscssmn of any animal to permtt thc animal run at large tn the ctty or to trespass upon the premmes of any other person (b) It shall be unlawful for the owner, harborer, or person ~n possesston of any anxmal to leave the animal unattended m a pubhc place regardless of whether or not ~t ts restrmned by a leash (c) It shall be unlawful for the owner, harborer, or person ~n possessmn of any ammal to leave the ammal restrmned by a leash and unattended ~n any manner that allows the ammal to enter the private property of another w~thout the effectxve consent of the owner (d) Thts sectton does not apply to pohce camnes Sec 6-9 AnimalNmsances It shall be constdered a pubhc nmsance and unlawful for any person to (a) Harbor, keep, or control any animal on their premises wfuch by barhng, howhng, or crowtng creates no,se to the degree that the nmse interferes wtth the reasonable use and enjoyment of adjacent property by ~ts occupants Page 6 of 30 (b) Keep any animal in such a manner as to endanger the pubhc health m the followang ways 1 By the accumulation of organic animal wastes whach cause foul and offensive odors, 2 By being a hazard to any other ammal or human being, or 3 By keeping anamal pens, stables or enclosures in an unsanatary condmon (c) Keep bees in such a manner as to deny the reasonable use of adjacent property or endanger personal health and welfare See 6-10 Defecation of dogs on pubhe and private property (a) An owner, harborer, or other person in possession of a dog commats an offense af he knowingly permats, or by insufficient control allows, the dog to defecate In the city on private or public property and fmls to remove and daspose of any excreta the dog deposits (b) An owner, harborer, or other person an possessaon of a dog commits an offense if he 1 Knowingly permits the dog to enter or be present on private property located in a public place, and 2 Falls to have in his possession materials or implements that, either alone or ~n combanatlon with each other, can be used to lmmedmtely and in a sanitary and lawful manner both remove and dispose of any excreta the dog may deposat on the property (c) It is a defense to prosecution under Subsection (a) or (b) that 1 The property was owned, leased, or controlled by the owner, harborer, or person in possession of the dog, 2 The dog was specially traaned to, assist a person with a dlsabihty and was in the possession of that disabled person at the time it defecated or was otherwise present on the property, 3 The owner or person an control of the property had given prior consent for the dog to defecate on the property, or 4 The dog is a pohce camne beang used in official law enforcement activities See 6-11 Confinement of stray animals by individual If a stray animal is found upon the premases of another or running at large, the occupant of the premises, or person dlscovenng the animal running at large, may confine the anamal only for so long as reasonably necessary to notafy the animal control center and have the anamal Page 7 of 30 impounded, or dehver smd animal to the animal control center In attempting to confine the animal, the occupant shall not use any force that ~s ~ntended or known by the occupant to cause or in the manner of its use or intended use is capable of cans~ng death or injury to the animal Sec 6-12 Animal care generally Animals shall be cared for, treated and transported ~n a humane manner and not in violation of Section 42 11 of the Texas Penal Code, Title 10 of the Health and safety Code, or any other provision of law, including federal, state and local laws, ordinances and rules (a) It shall be unlawful for any person to intentionally or knowingly abandon any animal within the corporate limits of the city Any person molat~ng this section shall bear the full costs and expenses incurred by the city in the care of the abandoned animal and the person shall reimburse the city all costs as determined by the animal control officer (b) It shall be unlawful for any person to intentionally or knowingly confine or allow to be confined any ammal m a motor vehicle or trmler under such conditions or for such periods of time as may endanger the health or well-being of the animal due to heat, lack of food or water or any other circumstances which might cause suffenng, dlsabthty or death An animal control officer who reasonably believes that an animal is in a motor vehicle or trailer under such circumstances is authorized to enter the vehicle to remove the animal and transport the animal to the animal control center (c) It shall be unlawful for any person to keep or harbor any animal which is inflicted w~th any dangerous or communicable cl~sease, or which is ~n a painfully crippled or diseased condition, that to keep smd ammal ahve would be considered re.humane All such animals shall be humanely destroyed by a licensed vetennanan or turned over to the animal control center to be humanely destroyed (d) It shall be unlawful for any person to knowingly color, dye, stmn or otherwise change the natural color of any chicken, duckhng, other fowl, rabbit or aquatic turtle or to possess for the purpose of sale, exchange or gift any of the above- mentioned animals which have been so colored (e) It shall be unlawful for any person to knowingly sell, offer for sale, exchange or give away any chicken, duckling or other fowl, rabbit or aquatic turtle younger than eight (8) weeks of age as a toy, premium, novelty or pet unless the manner or method of display is first approved by the animal control officer (f) It shall be unlawful for any person to produce or participate in the production of a mrcus, carnival, or other performing animal exhibition in whmh an animal is reduced or encouraged to perform tl~ough the use of a chemmal, mechanmal, Page 8 of 30 electrical, or manual demce in a manner whmh causes or is hkely to cause physical injury or suffermg (g) It shall be unlawful for any person, firm or corporation to rinse or kill a cat, dog, ferret, or rabbit for the skin or fur (h) It shall be unlawful for any person, firm or corporation to mutilate any hve ammal 0) It shall be unlawful for any person other than a licensed vetennanan to dock the tall or crop the ears of any ammal (I) A person commits an offense ~fhe 1 Beats, cruelly treats, torments, mentally abuses, overloads, overworks, or otherwise abuses an animal, 2 Causes, ~nst~gates, or permits any dog fight, cock fight, bull fight, or other combat between animals or between ammals and humans, 3 Fmls to provide an animal in his possession with adequate wholesome food and water, proper shelter and protection from ~nclement weather and vetennary care when needed to prevent suffenng, 4 While transporting an animal in a vehicle, falls to restrmn the animal in a manner that prevents the animal from leaving the vehmle or being accidentally thrown from the vehmle, or 5 Treats an ammal ~n an inhumane or cruel manner as defined by Sectmn 42 09 of the Texas Penal Code or Chapter 821 of the Texas Health and Safety Code (k) It ~s an exception to the apphcat~on of this section if, at the t~me of the conduct charged, the actor 1 Was a licensed vetennanan engaged in the legitimate practice of vetennary medicine, or 2 Was engaged m bona fide experimentation for sclentffic research Sec 6-13. Multiple pet ownership (a) It shall be unlawful for any person to keep or harbor more than four cats, dogs, or ferrets, or more than four of any combination of the three, three months of age or older, on any lot or lots located w~thln the city However, it shall be a defense to prosecution under this section ~f a person owmng more than four ammals had legally registered all their animals with the C~ty of Denton Animal Control Department between January 1, 2000 and December 31, 2000 Animal owners who quahfy for the defense under this section shall be reqmred to comply w~th the requirements of subsection (e) set forth below Th~s defense shall only apply for Page 9 of 30 the hves of the animals legally registered between January 1, 2000 and December 31, 2000 (b) Legmmate breeders of cats, dogs, or fen'ets, or persons providing foster care for ammals under the care, custody and control of humane societies, animal rescue groups or other animal rights orgamzatlons, may make apphcatlon with the animal control center for permission to keep or harbor more than four cats, dogs, or ferrets, or more than four of any cornb~natlon of the three, of three months of age or older © To be ehglble for a multiple pet pemut, the applicant must (1) Provide ~nfonnatlon regarding the maximum number of cats, dogs, or ferrets to be kept or housed, (2) Provide the reason or purpose for the keeping of animals, (3) Demonstrate the ability to house the cats, dogs or ferrets ~n cages or pens reside a residence or completely enclosed structure, (4) Demonstrate the ability to keep the cats, dogs, or ferrets so as not be a nuisance or detriment to any adjmmng or adjacent dwelhngs, (5) Demonstrate the ability to maintain all cages, pens and property in a sanitary condition so as not to create any hazards to the general health and welfare of the commumty, (6) Demonstrate that the apphcant has, ~n the past, complied with all apphcable prowslons of this chapter, and (7) Allow the ~nspectmn of the premises by an ammal control officer (d) A multiple pet permit ~s vahd for one year from the date of issuance and apphes only to the applicant and the property ~dentffied in the permit Perm~tees may renew a permit for one year intervals provided all condit~ons of the ~mtlal permtt application are met (e) The fee for a permit shall be established by the mty council and will be on file ~n the office of the city secretary A perrmt may be renewed for the same fee (f) This section does not apply to legitimate businesses that are operated on commemially zoned property ~ncludmg, but not hm~ted to, vetennary chines, animal kennels, pet stores, circuses or carnivals 6-14 Multiple Pet Permit Revocation (a) The animal control center may revoke~ a multiple pet permit if the permit holder wolates any conditions of the permit apphcat~on 6-15 Appeal from denial or revocation of multiple pet permit Page 10 of 30 (a) If the ammal control center refuses to issue or renew a multiple pet permit or revokes a permit, the applicant or permit holder shall be notified by certified marl, return receipt requested, of the demal or revocation and a statement of the nght to an appeal The applicant or permit holder may appeal the dems~on of the animal control center to the Chief of Police, or h~s designee, by fihng with the Chief of Pohce a written request for a hearing, ,setting forth the reasons for the appeal, w~th~n ten (10) days at~er receipt of the notice from the animal control center The fihng of the request for a heanng stays any action by the animal control center to revoke a permit until the Chief of Pohce, or his designee, renders a final decision if a request for an appeal heanng is not made within the ten-day Period, the action of the animal control center ~s final (b) The Chief of Pohce, or his designee, shall serve as heanng officer at an appeal heanng and shall consider evidence offered by any ~nterested person The formal rules of evadence do not apply at an appeal heanng The heanng officer shall make his decision on the basis of a preponderance of the ewdence presented at the heanng The heanng officer must render a decision wahm thirty (30) days after the request for an appeal hearing is filed The heanng officer shall affirm, reverse or modify the actmn of the animal control center and h~s dec,sion ~s final See 6-16. Vaccination of eats, dogs, and ferrets (a) Every owner of a dog, eat, or ferret, four months of age or older, shall have such ammal vaccinated against rabies, wah an anUrab~es vaccine approved by the Texas Board of Health Only a licensed veterinarian shall adm~naster the vaccine, whether the raceme is of the modafied hve wrus or the reactivated type (b) Upon vaccination, the admlmstenng vetennanan shall execute and furnish to the owner of the cat, dog or ferret as ewdence thereof, a certificate of vaccination and a tag that contains a serial number to correspond with the vaccination certificate number, the lssmng clmlc's name and phone number The owner shall place the rabies tag on the annnal's collar or harness while the ammal is outside the owner's residence (c) All such cats, dogs, or ferrets shall be revacc~nated at one year intervals thereafter Any pe~ son estabhshlng residence w~th~n the City of Denton shall comply w~th this section wltlun ten (10) days of estabhshlng such residency (d) If an unvacmnated cat, dog, or ferret lnflmts a b~te, scratch, or otherwise attacks any person within the c~ty limits, a rabies vaccine shall not be admm~stered to the cat, dog, or ferret until the conclusion of a ten (10) day quarantine period, beglnnmg with the date of the bite, scratch, or attack (e) It shall be unlawful for a person to knowingly possess a dog, cat, or ferret that has not been vaccinated agmnst rabies as prescribed by this section Page 11 of 30 (f) It shall be unlawful for a person to knowingly use a certfficate of vaccination or tag of any dog, cat, or ferret other than one for which it was issued (g) It shall be unlawful for a person to alter or obhterate any Information contmned in a certificate of vaccination or on a vaccination tag (h) It shall be unlawful for the owner of a dog, cat, or ferret to fall or refuse to present a valid vaccination certificate from a licensed vetennanan to an ammal control officer, upon request, that such animal ~s currently vaccinated against rabies as required by tfus section Sec. 6-17. Registration of eats, dogs, and ferrets reqmred (a) Every owner of a cat, dog, or ferret, which is four or more months of age and is kept in the mty, shall register the ammal with the animal control cent~ (b) In order to register a cat, dog, or ferret, the owner, or his designee, shall 1 Provide a rabies vaccination certificate issued by a licensed vetennanan within the last twelve (12) months and that contains identifying reformation regarding the animal ~ncludlng, but not hmlted to, breed, sex, and stenllzanon lnformat~on, 2Present a valid p~cture ~dentfficatlon card issued to him by a state, and 3 Pay a registration fee as estabhshed by the c~ty council and malntmned on file in the office of the city secretary (c) Upon registration, the ammal control center shall execute and furnish to the owner of the cat, dog or ferret as evidence th*reof, a certificate of registration and a tag that contmns a serial number to correspond with the registration certificate number The owner shall place the registration tag on the animal's collar or harness wfule the animal ~s outside the owner's residence If the tag is lost or destroyed, the owner shall obtain a duphcate upon payment of a fee estabhshed by the c~ty council and on file in the office of the city secretary (d) It shall he unlawful for a person to knowingly possess a dog, cat, or ferret that has not been registered as prescribed by thru section (e) It shall be unlawful for a person to knowingly use a certificate of registration or tag of may dog, cat, or ferret other than one for which it was issued (f) It shall be unlawful for a person to alter or obliterate any information contmned m a certificate of registration or on a registration tag (g) It shall be unlawful for a person who owns or harbors a dog, cat, or ferret to fall or Page 12 of 30 refuse to present proof to an anamal control officer, upon request, that such animal is currently registered as reqmred by this sectaon (h) The anamal control center shall wmve the prescribed registration fees for owners under the followmg conditions 1 The regastratlon of an ammal trmned to assast the heanng ampmred, vasually ~mpatred, or physically ampmred, 2 The regmtrataon of a dog employed as a pohce canine by a law enfomement agency, or 3 The registration of a spayed or neutered animal by a resident s~xty-five years of age or older The ehg~bthty for a wmver of the regastrataon fee does not reheve the owner ofh~s responsabfllty to register a dog, cat, or ferret as prescribed by this section 0) For purposes of thas sectaon, "temporarily" means a period of tame not to exceed s~xty (60) days Th~s section does not apply to 1 Non-remdents of the c~ty who stay w~than the city hmlts temporarily, or 2 Residents who may harbor an ammal temporarily Sec 6-18. Impounding of cats, dogs, and ferrets (a) An anamal control officer as authorized to ampound any anamal which is running at large within the mty or for which impoundment as otherwise authorized by th~s chapter or state law Where an animal ~s running at large an a pubhc place, the ~mpoundlng officer may enter upon the pubhc place for the purpose of impoundment or assuance of a catataon or both, unless the officer has not, ce that entry is forbidden In no case, however, shall an anamal control officer enter a habitation on private property w~thout the effective consent of the owner, or the order ora magistrate, or as otherwise allowed by state law (b) Any impounded anamal whmh has beer~ seriously anjured or is seriously fll may be euthanlzed ammedlately to prevent suffenng, or g~ven to a non-profit humane organ~zatton for the purpose of vetennary medmal care, as determined by the animal control officer The ammal shelter shall not be responsible for promdang vetennary care for any sack or injured animal (State law reference - Restraint and Impoundment of Dogs and Cats, Vernon's Ann Cav St, Art 4477-6a, 3 08) (c) Any nursing baby ammal ~mponnded w~thout the mother or where the mother cannot or refuses to provide nutritious meals may be immediately euthamzed to prevent suffenng or g~ven to an lndavadual or to a non-profit humane orgamzataon for the purpose of canng for smd anamal Page 13 of 30 (d) The owner of any animal impounded under the terms of this chapter shall have the right to redeem same, unless otherwise prohibited by this chapter (e) Animals impounded in accordance with this section shall be held at the animal control center for a munmum of nmety-slx (96) hours If the owner does not redeem the ammal before the holding period expires, the anxmal shall become the property of the animal control center and the animal control center shall dispose of the animal through adoption, transfer to an animal rights organization, or euthanasia Sec 6-19. Protective custody impounds (a) If an animal is impounded as the result of a fire, medical emergency, hospitalization, custody arrest, or other natural or manmade sltuaUon that leaves the owner, harborer or person otherwise in possession of the animal temporarily incapable of mmntalmng control of, or canng for, the animal, an animal control officer may impound the animal and house it at the animal control center (b) The owner, harborer or the person that was in possession of the animal will be notified of the location of the animal, the conditions under which the animal may be released, and that the animal will be held for a period of seven (7) days If the owner, or his designee, has not claimed the animal within seven (7) days, the animal becomes the property of the city to be disposed of by the animal control center through adoption, transfer to an animal rights organization, or euthanasia (c) Owners, or their designees, shall fulfill all the reqmrements for redemption as prescribed by tlms chapter Sec 6-20 Requirements to redeem a dog, cat, or ferret (a) To redeem a dog, cat, or ferret impounded under the provisions of this chapter, the owner, or his designee, shall 1 Provide a rabies vaccination certificate issued by a licensed vetennanan within the last twelve (12) months and that contmns identifying information regarding the animal including, but not limited to, breed, sex, and stenhzatlon lnformaUon, 2Present a valid picture identification card issued to him by a state, 3 Pay impound and holding fees as estabhshed by the city council and mmntmned on file in the office of the city secretary, and 4 If not the owner, present sufficient authonzaUon to take possession of the animal Page 14 of 30 (b) If the owner, or his designee, cannot, or refuses to, provide proof that the ammal is currently vaccinated against rabies, the owner, or his designee, shall pay a hcensed vetennanan for the admmlstratmn of the rabres vacmnatlon and present a receipt of payment issued by the vetennary chmc prior to the release of the animal The animal shall be vaccinated within seven (7) days following the release of the animal (c) If an animal is not registered as reqmred by this chapter at the time of redemption, the owner, or hm designee, shall reglsler the animal prior to the release of the animal If the animal is not currently vaccinated as reqmred by this chapter, the owner shall present a pre-prod receipt from a licensed vetennanan for the vaccination and pay the registration fee prior to the release of the animal The registration certfficate and tag w~ll be issued upon presentation of the reqmred rabies vacmnatmn certificate (d) An owner, or his designee, who redeems an animal, six months of age or older, for a second or subsequent impound shall prowde proof that the animal has been spayed or neutered prior to the release of the animal If the owner cannot provide proof that the animal is spayed or neutered, the owner shall pay a vetennary chnlC for the cost of spaying or neutenng the animal and present a receipt of payment to the animal control center pnor to release of the animal The animal shall be spayed or neutered w~thln fourteen (14) days after the release of the animal (e) It shall be unlawful for a person redeeming an ammal under th~s section to 1 Frei to prowde proof of rabies vaccination within ten (10) days of the release of the animal, or 2 Fml to prowde proof that the animal was spayed or neutered w~th~n fourteen (14) days of the release of the animal Sec 6-21. Adoption of dogs, eats, and ferrets. (a) The animal control center ~s authorized to offer for adoptmn any impounded animal not redeemed by its owner within mnety-slx (96) hours or any animal released by its owner for adoption, exc0pt where otherwise specified (b) Ammal control officers shall be the sale judge as to whether or not an animal is suitable to offer for adoption A decision to offer a particular ammal for adoption shall not constitute any warranty, expressed or implied, of the health, temperament, or age of the animal (c) In order to adopt a dog, cat, or ferret, a person shall 1 If not currently vaccinated, pay~a vetennary chmc for the adm~mstratlon of vaccinations against rabies and other commumcable diseases common to Page 15 of 30 the ammal's species and present ,a receipt of payment from the vetennary clinic, 2 If not spayed or neutered, pay a vetennary clinic for the stenhzatlon surgery and present a receipt of payment from the vetennary clinic, 3 If reqmred by tins chapter, pay a registration fee as established by the city council and kept on file in the office of the city secretary, and 4 Pay an adoption fee as estabhshed by the city council and kept on file xn the office of the mty secretary (d) A person who adopts an ammal shall provide certfficat~on from the vetennanan that the animal was vacmnated as prescribed wzthxn seven (7) days of the animal's release from the animal control center (e) A person who adopts an animal shall provide certification from the vetennanan that the animal was spayed or neutered as prescribed, or was already stenhzed, within fourteen (14) days of the anxmal'$ release from the animal control center (f) A person who adopts an animal beheved to be under four (4) months of age shall provide certification from the vetennarlan that the animal is of insufficient age to receive vaccinations or be spayed or neutered and provide a date as to when the procedures will be performed The person adopting the animal shall prowde certification from the vetermanan of the admmlstrat~on of the vaccinations and surgmal stenhzat~on within fourteen (14) days after the procedures are completed (g) The owner, harborer, or person m possessmn of an animal adopted under th~s section shall ~mmedlately notify the animal control center if the animal escapes or becomes or appears to become sick or d~es before the animal has been vacmnated and stenhzed (h) If a person fmls to meet the requirements of this section, the animal center is authorized to ~mpound the anamal It shall be unlawful for any person, who is m violation of this section, to fad or refu~e to surrender an animal adopted from the animal control center Sec 6-22 Transfer of animals to other releasing agencies The custody of cats, dogs, and ferrets ehg~ble to be placed for adoption under th~s chapter may be transferred without fee to animal shelters, or humane organizations so that these organizations may act as releasing agencies and plgce the animals for adoptmn pursuant to Chapter 828 of the Texas Health and Safety Code 'Before any animals will be transferred to other releasing agencies, these agencies must meet amy admm~strat~ve reqmrements estabhshed by the animal control center All responslbtht~es reqmred of releasing agenmes under Chapter 828 for adoption, ~mmumzatlon and stenhzatmn of impounded animals shall be solely the respons~bd~ty of the animal shelters or humane organizations and the City of Denton shall retain Page 16 of 30 none of these respons~blhtles upon transfer The transfer of the animals ehglble for adoption to alternate releasing agencies shall be made without any fee See. 6-23. Injuring, capturing or kflhng animals or birds (a) Except as may be otherwise provided in th~s chapter, it shall be unlawful to intentionally or knowingly interfere with, injure, capture or k~ll any animal within any public park, driveway, street or other public property of the city except by perm~ssxon of the mty council (b) It shall be unlawful for any person to mtentlonally kdl, injure or admxmster poison to any bird whatsoever within the city hmlts w~thout the permission of the city council (c) Th~s section does not apply to harmful rodents, reptiles or ~nsects See. 6-24. Disposal of dead animals. (a) It shall be unlawful for any person to place, put or leave a dead animal upon a public place, street, alley, right-of-way or public way or in any sohd waste contmnar or upon the property of another person w~thout the other person's consent (b) All vetennanans and residents shall be charged a fee established by the city council and on file in the office of the city secretary for each trip by city employees to p~ck up one (1) or more dead ammals (c) All vetennanans and remdants bnngmg dead animals to the city's ammal control faclhty shall be assessed and pay a d~sposal fee per animal, as estabhshed by the city council and on file in the office of the city secretary (d) It shall be unlawful for any person to place or leave an animal carcass at the mty's animal control center, except at t~mes when such center is open to the pubhc and a city employee is avmlable to receive such carcass Sec 6-25. Euthanasia and cremation of animals (a) An owner or resident may bnng an ammal or ammals to the ammal control center for euthanasm and shall be assessed and pay for each animal the fee established by mty council and on file in the office of the city secretary (b) An owner or resident may bnng an ammal or ammals to be cremated at the city's animal control center and shall be assessed and pay for each animal the fee established by city council and on file ~n the city secretary's office Page 17 of 30 Sec 6-26. Reportmg animal bites, scratches, or suspected rabies (a) It ~s the duty of any person hawng knowledge of an ammal b~te or scratch to a human to provide a detoaled report of the lnc~dent to the animal control center as soon as possible, but not later than twenty-four (24) hours from the t~me of thc incident (b) It Is the duty of any person hawng knowledge of a domestm ammal that is bitten or scratched by an ammal known to have rabies, or suspected of hawng rabies, to prowde a detoaled report of the mc]dent to the animal control center as soon as posstble, but not later than twenty-four (24) hours from the t~me of the [nc]dent (c) Every vetermanan who chmeally d~agnoses rabies or any person who suspects rabies m a cat, dog, ferret, or other domestic animal shall immediately report such fact to the animal control center, stating precisely where such animal may be found (d) Every vetennanan havmg an animal quarantined as the result of an me,dent mvolwng a b~te or a scratch shall submit a wr, tten report to thc animal control center describing the condition of the ammal on the ]mt]al day of observation, the fifth day, and the tenth day of observatmn (e) The em'cass of any dead animal exposed to rabies or suspected of hawng been rabid shall be surrendered to the animal ,control center for dtagnostm purposes Sec 6-27. Rabies quarantine, confinement and disposition (a) An animal control officer shall have the authority to order the quarantining of any ammal responsible for a bite or scratch to a human or another domestm animal or any ammal suspected of hawng, or hawng been exposed to, any zoonotm d~sease considered to be a hazard to the human population or other ammals (b) When an animal ~s diagnosed w~th rabies, is under suspm~on of hawng rabies, or has b~tten or scratched a human, the owner must ~mmed~ately place the animal m quarantine at the animal control center or at a hcensed vetennary chine w~thm thc incorporated hm~ts of the c~ty for a period of not less than ten (10) days from the time of the bite or scratch If the owner foals or refuses to surrender the ammal for quarantine, an ammal control officer may obtoan a warrant from a magistrate to seize and impound the animal for a per~od of t~me as prowded ~n this section (e) The owner of a dog, cat or ferret subject to quarantine under this section may request permission for home quarantine The animal control center may allow a home quarantine provided that Page 18 of 30 1 The owner can provide vahd proof that the animal subject to quarantine 1s currently vaccinated against rabies, 2 The victim of the bite or scratch is the owner or a member of the immediate family of the owner, 3 The animal subject to the quarantine was not at-large at the time of the bite or scratch, 4 The animal subject to the quarantine has no prior bites or scratches on file with the animal control center, 5 The owner demonstrates sufficient accommodations to ~solate the animal subject to quarantine from humans and other animals m the residence, 6 The owner can prowde sufficient assurance that the animal will remain anslde an enclosed structure for ,the duration of the quarantine period and may be allowed outside only when restrained on a leash by the owner or other capable adult m the household only for so long as reasonable for the ammal to unnate and defecate, 7 The owner agrees not to remove the animal subject to quarantme from the ancorporated limits of the city dunng the prescribed quarantine period, and 8 The animal control officer physically inspects the premises prior to allowing the home quarantine to insure that these conditions can be met and the owner agrees to periodic inspections of the animal subject to quarantine including, but not limited to, the initial day of quarantine, the fifth day and the tenth day of quarantine (d) The violation of the conditions of home quarantine by any person shall be just cause for seizure and impoundment of the quarantined animal by an animal control officer If the owner refuses to allow the impoundment of the quarantined animal for the purpose of quarantine, an animal control officer may obtain a warrant from a magistrate to seize and mapound the animal for a period of time as prescribed by this section or state law (e) The owner of an animal that is b~tten by or exposed to an animal known to have rabaes or suspected of having rabies shall immediately confine the animal and notify the animal control center The ammal control center shall 1 If the animal ~s currently vaccinated, order the owner to obtain immediate revaccmatlon and confine the ammal for observation for a period of not less than forty-five (45) days, or 2 If the animal ~s not currently vaccinated, order the owner to confine the animal for a period of not less than ninety (90) days, and 3 Perform an immediate mspectlon of the animal and the premises with subsequent mspect~ons periodically dunng the confinement period (f) Any person hawng possession of or responslbthty for any quarantmed animal shall ammedlately notify the ammal control center ff such animal escapes or Page 19of30 becomes or appears to become sick or ches In case of death of the animal under quarantine, the person shall unmedlately surrender the carcass to the animal control center for dmgnostm purposes (g) It shall be unlawful for any person to remove from any place of confinement any cat, dog, or ferret, whach has been quarantined, without the prior approval of the animal control center (h) The owner of an animal quarantined in accordance with this section or state law shall bear the full cost of the quarantine If the animal is quarantined at the animal control center, the owner shall pay fees as established by the city council and on file ~n the office of the city secretary 0) If, upon the expiration of the quarantine period, no animal control officer or veterinarian has observed signs of rabies, a release from quarantine shall be issued to the owner If the animal does not have current rabies vacmnat~on, the animal shall be vaccinated prior to ~ts release to the owner 0) If the animal ~s ~mpounded at the ammal control center for quarantine, the owner may redeem the animal in accordance w~th the proms~ons of this chapter If the owner fails to redeem the animal on or before the third day following release from quarantine, the animal shall become the property of the city and the animal control center is authorized to d~spose of the animal through adoption, transfer to an animal rights orgamzatlon or euthanasia (k) Unanthonzed or proh~bited animals that bite or scratch a human or another animal or are suspected of hawng rabies shall be humanely destroyed and submitted for dtagnostm testing Sec 6-28. P~geons (a) It shall be unlawful for any person who owns a pigeon to lntennonally allow the pigeon to stray in the city (b) It shall be unlawful for any person to knowingly be in possession of more than twenty-five (25) pigeons on any premises w~thln the city (c) It shall be unlawful for any person to lmow~ngly keep the enclosure in which such pigeons are confined in such a manner so as to give off odors offensive to persons of orchnary senslblht~es residing m the wclmty or to breed or attract vermin, or to allow such p~geons to cause considerable noise to the annoyance and d~scomfort of surrounding neighbors so that the reasonable use and enjoyment of their property is disturbed or, in any manner, to endanger the public health or safety or otherwise create a public nuisance Page 20 of 30 Sec 6-29. Keeping of fowl. (a) It shall be unlawful for any person to ke~p or harbor any fowl within the corporate limits of the city m any pen, shed, coop,, enclosed structure, or fenced yard, if any part of such enclosure, structure, or ylu'd is within 150 feet of any residence, business or commercial establishment or office, school, hospital or nursing home This section shall not apply to pet birds kept within residential or commercial structures, nor shall it apply to birdhouses for the keeping of migrating or wild birds (b) It shall be unlawful for any owner of any fowl to mmntam yards, pens, sheds, coops, or other enclosures in which such fowl are confined in such a manner as to give off odors offensive to persons of ordinary sensibilities residing in the vlclmty, or to breed or attract flies, mosquitoes or other noxious insects or rodents, or in any manner to endanger the public health, safety or welfare, or to create a pubhc nuisance See 6-30. Livestock; sanitary conditions. (a) It shall be unlawful for any person to feed or keep any species of swine in any lot, pen budding, stable, or other enclosure in the city, any part of which lot, pen, building, stable or other enclosure is nearer than one-thousand (1,000) feet to any budding (b) It shall be unlawful for any person to, keep or harbor any livestock within the corporate limits of the city in any pen, stable, shed or other enclosure at a distance of less than two-hundred (200) feet from any residence, business, commercial establishment, office, school, hospital or nursing home This does not apply to the livestock owner's residence, bus~ness, commercml establishment or office (c) It shall be unlawful for any person to keep or harbor any livestock w~thln the corporate limits of the city, where there is less than 10,000 square feet for each head of cattle or horse and 3,000 square, feet for all other types of livestock (d) It shall be unlawful for any owner of any livestock to maintain yards, pens, stables, sheds, or other enclosures in which such animals are confined in such a manner as to give off odors offensive to persons of ordinary sensibilities residing in the Vlclnaty, or to breed or attract flies, mosquitoes or other noxious insects or rodents, or m any manner to endanger the public health, safety or welfare, or to create a public nuisance (e) Manure and droppings shall be removed from pens, stables, yards, coops and other enclosures weekly and handled or disposed of in such a manner as to keep the premises free of any nmsance Page 21 of 30 (f) Mound storage of droppings of manure between such removals shall be permitted, only under such condmons as to protect against the breeding of fl~es, rodents, and to prevent the m~grat~on of fly larvae (maggots) ~nto the surrounding soil (g) The feeding of vegetables, meat scraps or garbage to livestock shall be done only in impervious contmners or on an ~mpervlous platform (h) Watenng troughs or tanks shall be provided, which shall be eqmpped w~th adequate famhtles for drmmng the overflow so as to prevent the breeding of flies, mosquitoes or other insects 0) No putrescthle material shall be allowed to accumulate on the premises, and all such material used to feed, which ~s unconsumed, shall be removed and disposed of by burial or other samtary means Sec 6-31. L~vestock ndmg or dnwng. (a) It shall be unlawful for any person to allow livestock to be driven or ridden upon any pubhc property, provided however, horses may be ridden on the unimproved or unpaved portion of the right-of-way and the Chief of Police, or his designee, may authorize horses and other hvestock to be ridden or driven on the right-of- way under the authority of a parade (b) It shall be unlawful for any person to allow hvestock to be driven or ridden on any private property, except on the property of the owner of the hvestock or by permission of the owner of the property. Sec 6-32 Wfldammals (a) It shall be unlawful to keep or harbor any wild animal within the city, except at commercial ammal estabhshments dealing ~n the sale or handhng of such animals and hawng proper zomng for such commercial estabhshments and having proper faclht~es for the restraint and care of such animals (b) The animal control officer may establish conditions under which ~t would be permissible to keep or harbor wild ammals at locations other than those listed in th~s section for a period oft~me not to exceed thirty (30) days Sec 6-33 Prohthited animal permit. (a) It shall be unlawful for a person to harbor, own or exhibit a prohibited ammal w~th~n the mty Page 22 of 30 (b) It is an exception to the application of subsection (a) of this section ff the owner, harborer, or exhibitor holds a prohibited animal permit or is a governmental entity (c) A permit for the possession of a prohib~ted animal may be issued only to a zoo, research restitution, individual researcher, public or private primary or secondary school, performing animal exh~bltlon, rodeo or c~rcus, or carnival of whmh the animal is an integral part, if the animal is restramed from tnfllct~ng injury upon persons, property or other ammals andl adequate prows~on ~s made for the care and protection of the animal A permit may be issued to an ~nd~vldual researcher only upon the recommendation of a medical institution or the director of a research institution (d) The fee for such permit shall be estabhshed by the c~ty council and is on file in the office of the city secretary The permit shall be issued for one or more animals of an owner or exhibitor at a smgle location The permit is vahd for a designated period of time not to exceed twelve months and may be renewed for the same fee Sec 6-34. Revocation of prohibited animal permit The animal control officer shall revoke a permit to harbor, own or exhibit a prohibited animal w~th~n the city if (a) The permit holder fails to properly restrain the animal, or (b) The permit holder fails to generally car~ for or protect the animal Sec 6-35. Prohibited animal permit appeal from denial or revocation (a) If the ammal control center refuses to issue or renew a profub~ted animal penmt or revokes a permit, he or she shall send to the apphcant or permit holder by certffied mall, return receipt requested, written notice of h~s action and a statement of the right to appeal (b) The applicant or penmt holder may appeal the dec~slon of the animal control officer to the cluef ofpohce by filing w~th the cfuef ofpohce a wntten request for a heanng, setting forth the reasons for oppeal, w~th~n ten (10) days after receipt of the notice from the animal control cer~ter The filing of a request for an appeal heanng with the cfuef of police stays any action by the animal control center to revoke a permit until a final demsmr~ ~s rendered If a request for an appeal heanng is not made within the prescribed period, the action of the animal control center is final (c) The chief of police, or his designee, shall serve as heanng officer at an appeal heanng and shall consider evidence offered by any interested person The formal rules of ewdence do not apply at an appeal heanng The heanng officer shall Page 23 of 30 make his decision on the basis of a preponderance of the evidence presented at the heanng The heanng officer must render a decision within thirty (30) days after the request for an appeal heanng is filed. The heanng officer shall affirm, reverse or modify the action of the animal control officer and his decision is final ARTICLE II. DANGEROUS ANIMALS Sec 6-36. Purpose and scope. (a) The ptupose of this article is to protect the health, safety and general welfare of the city by providing for the d~sposltion of animals determined to be dangerous (b) The administrative procedures of this article shall apply to any animal required to be restrmned in accordance with this chapter which, while running at large or while restrained in a public place, has bitten or attacked a person or, while mnmng at large, has bitten or attacked another animal and for which a complaint has been filed in accordance with th~s article See 6-37. Filing the complaint. (a) To invoke the provisions of this article, a written complaint shall be filed with the animal control center within two (2) business days of the date the person or animal was attacked or bitten, on a form provided by the city which shall give noUee of the penalty for the filing or s~gmng of a false complaint as provided in this article (b) The complaint shall be signed by the victim of the bite or attack, or the owner of the animal attacked or bitten, as applicable If the person required to sign the complaint is a minor or is incapacitated, the complaint shall be signed by the person's parent, guarthan or legal representative (c) The complaint shall contain the following ~nformatIon 1 The name, address and telephone number of the person attacked or bitten or the owner of the animal attacked or b~tten, 2 The facts and circumstances of the incident, ~ncludmg the date, time and location, a descnpUon of the animal complained of, and if known, the name, address and telephone number of the owner of the animal complained of, and of any witness, and 3 A statement that the animal complained of, while running at large or while restrained m a public place, made an unprovoked attack on a person or animal in violation of this article Page 24 of 30 (d) The complmnt shall be accompamed by a written statement from a phys~cmn or vetennanan showing that the person or animal attacked or bitten was exannned or treated w~thln forty-eaght (48) hours of the ~ncldent and stating the nature and extent of any ~njunes suffered Sec 6-38 Making a false complaint. It shall be unlawful for any person to file or s~gn the written complaint reqmred by th~s ordinance when the person knows that the complmnt contmns false ~nfonnatlon See 6-39, Invest~gatlon; determination of probable cause, order of~mpoundment (a) Upon receipt of a dangerous anamal compla~m, the ammal control center shall ~mmedmtely m~tiate an ~nvestagatmn tO determme ~f there is probable cause to beheve that the anamal whmh ~s the subject of the complmnt as dangerous (b) If the lnvest~gatmg animal control officer determmes that there exists probable cause to believe the animal as dangerous, the anamal control officer shall request an order of ~mpoundment be ~ssued by the chief of police or h~s designee (c) The order of ampoundment shall mclude the facts set forth in the complmnt, the duty of the owner to immediately ~mpotmd the anamal, and notfficatmn of the subsequent dangerous anamal heanng (d) Upon receipt of an order of ampoundment, the owner of the subject anamal shall ammedmtely ampound the anamal at the anamal control center or a hcensed veterinary chmc or approved animal kennel wathan the ~ncorporated hnnts of the c~ty (e) If the owner of an ammal subject to ~mpoundment refuses or falls to ~mmedmtely ampound the anunal as reqmred, an ammal control officer may obtmn a warrant from a magistrate, seize the animal, and transport it to the ammal control center (f) The owner or harborer will bear any and all costs for the ~mpoundment reqmred by tlus section (g) Any owner, harborer, or other person ~hawng possession of or mspons~bthty for any animal whmh ~s subject to an ~nvestlgat~on under this article shall ~mmedmtely notify the anamal control center ~f such animal escapes or becomes or appears to become sack or dies In case of death of the animal under ~nvestlgataon, the person shall ~mmediately surrender the carcass to the animal control center for dlagnostac purposes Page 25 of 30 (h) It shall be unlawful for any person to refuse or fail to impound an animal subject to this article, or harbor, hide or secret an animal subject to this article, for the purpose of preventing its impoundment 0) It shall be unlawful for any person to, transport, or secure the transport, of an ammal subject to this article to any location outside the incorporated limits of the city if the person has knowledge that the animal is the subject of an investigation under this article (j) Nothing in this section shall preclude an animal control officer from immediately impounding an animal that poses an immediate threat to the health and safety of the citizens of the city Sec. 6-40. Determination hearing. (a) The jurisdiction for a dangerous animal determination heanng under this article shall be assigned to the municipal court of the city (b) The owner of an animal subject to a dangerous animal determination hearing under this article shall be notified, in writing, of the date, time and location of the heanng within five (5) days after the impoundment of the animal (c) The determination heanng shall be held within ten (10) days after impoundment of the animal (d) The heanng shall be held before a magistrate of the municipal court of the city The magistrate shall consider evidence provided by any interested party in making his determination (e) If the magistrate determines that the ammal which is the subject of the heanng is a danger to the community, the magistrate will issue an order as to the disposition of the animal and any conditions that may be placed upon the owner for the continued possession of the animal (f) Nothing in this section precludes the owner of an animal which is the subject of the heanng from waiving his right to a determination heanng If a person wmves the right to a heanng, the animal will be assumed to be dangerous and the owner shall immediately anthonze the destruction of the animal If the animal is impounded at the animal control center, the owner shall release the animal to the center for destruction If the animal is impounded at a vetennary clinic or an animal kennel, the owner shall have the animal destroyed by a licensed veterinarian immediately and provide documentation of the destruction to the ammal control center Sec 6-41. Disposition of a dangerous animal. Page 26 of 30 (a) If, m accordance wath thas article, a magastrate detenmnes that an anamal is dangerous, the magastrate shall issue an order of dasposatlon for the animal The magistrate may order the destmctaon or, the ammal or place special condltaons on the owner for the continued maintenance of the animal (b) If an order of dasposmon contmns special condlnons, such conditions shall include, but not be limited to, a reqmrement that the owner (1) Register the animal as a dangerous animal w~th the animal control anthonty for the area m whach tile animal as kept, (2) Restrain the ammal at all tlmes~m a secure enclosure when the owner or harborer is not present, (3) Dmplay sagns of a permanent nature at the property lanes located on the front and rear of the property Md on the secure enclosure of the animal, and (4) Obtain habfl~ty insurance coverage or show financml respons~bflaty m an mount of at least $100,000 to dover damages resulting from an attack by the dangerous animal causing bodily injury to a person (c) For the purposes of this section, "secure enclosure" means a locked structure capable of preventing the entry of any part of the body of a human, lncludang children, and capable of preventang tha escape, release, or protmsmn of any part of the body of the animal The enclosm'e shall have secure sides and a floor either attached to the sides or with the s~des embedded no less than twelve inches in a concrete border surroundtng the base of the enclosure The concrete border shall be no less than four inches wide and no closer than slx feet to any property lane An enclosure shall be adequately lighted and ventilated and must be mamtatned in a clean and sanitary condataon (d) For the purposes of this sectmn, "onI a leash" means secured on the owner's property by a leash no longer than four feet ~n length, held by a person of suffiment strength to restrain the am~nal, and muzzled by a muzzling devine sufficient to prevent the anamal from biting any person or any other animal (e) For the purposes of this section, "register" means to (1) Prowde the animal control center with the name, address and telephone number of the person owning o~ harbonng a dangerous animal, (2) Provade the ammal control center wath the name, general description and two color photographs, one dopmtmg a frontal view and one depicting a sade view, of the dangerous animal, (3) Prowde the anamal control center with a vahd rabies vacmnahon cemficate assued for the dangerous animal by a hcensed vetennanan, Page 27 of 30 (4) Provide a copy of a current hablhty insurance policy as prescribed by subsection (b)(3) of this section, (5) Agree to inspections by animal control officers of the dangerous animal and the premises on which the dangerous animal is kept at any reasonable times to insure compliance with the provisions of this article, and (6) Pay a dangerous animal permit fee as authorized by the city council and on file in the office of the city secretary (f) For the purpose of this section, "signs" shall mean a sign, at least eight inches by twelve inches, of a permanent nature stating "BEWARE OF DANGEROUS ANIMAL" in red lettenng on a white background The lettenng shall be no less than two inches in height and made of a reflective material that is visible in low- light situations or at mgm The owner of a dangerous animal shall renew the registration at least annually and submit payment of fees as authorized by the city council and on file in the office of the city secretary (g) The owner shall lmmechately notify the animal control center of any change in status of a dangerous animal, mcludlng relocation, transfer of ownership, escape, or death In the event that the dangerous animal is moved to another location within the city, the animal control center shall inspect the new location to msure compliance with this section IfownersMp of the dangerous animal is transferred to another person, that person shall be subject to all requirements of this section If the dangerous animal is moved to a location outside the incorporated limits of the city, the owner shall inform the animal control center of the new location of the animal The animal control center shall forward a copy of the maglstrate's order of disposition to the local animal control authority of the junsdmtmn into which the animal is being moved (h) A person commits an offense if he knowingly, Intentionally, or negligently fails to perform any act reqmred by this section Each day in which a person is in violation of this section shall constitute a separate offense under this section An offense under this section shall be pumshable by a fine of not less than two- hundred-fifty ($250) dollars (i) Upon notification that a violation of this section has occurred, an animal control officer shall immediately impound the ammal and the disposition of the animal shall be determined by a magistrate of the municipal court of the city O) If an owner of an animal deemed to be dangerous is unable to comply with the conditions set forth in this section, the owner shall have the animal humanely destroyed by a licensed veterinarian or by releasing the animal to the animal control center If the animal is destroyed by a licensed vetennarlan, the owner shall provide cemficatlon from the vetennarlan that such destruction was performed Page 28 of 30 Sec 6-42 Impoundment; redemption. (a) The owner of an animal ~mpoundcd at the animal control center under the prov~s~ons of th~s article and subsequently determined not to be a dangerous animal under the prov~smns of th~s article may redeem the animal by complying with the prov~s~ons of Section 6-17 of th~s Chapter, tnclud~ng the payment of fees anthonzed by the c~ty council and on file in the office of thc c~ty secretary (b) The owner of an animal impounded under thc prows~ons of th~s article and subsequently determined to be a dangerous animal shall, prior to the release of the ammal from any facility, provide proof to the animal control center that he has complied w~th all conditions contained m the order of determination and pay all fees as anthonzed by the c~ty councd and on file m the office of the c~ty secretary (c) If an ammal ~mpounded under this artt¢le is determined not to be dangerous, the owner shall be notified that the animal is ehg~blc for redemption and the terms of redemption The owner shall redeem the animal w~th~n mncty-s~x (96) hours after rece~wng such not,ce If the owner fads to redeem the animal w~thm the reqmred period, the animal shall become the property of the c~ty and shall be euthan~zed by the animal control center (d) The owner of an ammal that ~s determined to be dangerous under the prows~ons of this article shall notify the animal control center within mnety-s~x (96) hours of their mtent to redeem the animal The owner shall redeem the animal w~th~n thirty (30) days after not,ce that the ammal is ehg~ble for redemption If the owner fads to redeem the ammal w~thm the reqmred period, the animal shall become the property of the c~ty and shall be euthan~zed by the animal control center The owner shall pay the city ~mpound and holding fees as authorized by the city council and on file m the office of the c~ty secretary SECTION 2 If any section, subsect~un, paragraph, sentence, clause, phrase, or word in th~s ordinance, or apphcat~on thereof to any person or c~rcumstances ~s held mvahd by any court of competent jurisdiction, such holding shall not affect the vahthty of the remaining portions of thts ordinance, and the C~ty Council of the City of Denton, Texas hereby declares ~t would have enacted such remmmng portions despite any mvahd~ty SECTION 3 Save and except as amended hereby, all the prows~ons, sections, subsections, paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain m full force and effect SECTION 4 Any person found guilty of wolatlng this ordinance by a court of competent jurisdiction shall be fined a sum not to exceed five hundred dollars SECTION 5 Th~s ordinance shall become effective fourteen (14) days from the date of ~ts passage, and the City Secretary is hereby directed to cause the caption of th~s orthnance to be Page 29 of 30 pubhshed twice In the Denton Record-Chromcle, the Officml newspaper of the C~ty of Denton, Texas, w~th~n ten (10) days of the date of~ts passage PASSED AND APPROVED th~s the day of ,2000 EUL1NE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 30 of 30 AGENDA INFORMATION SHEET Dat~;_~~~' AGENDA DATE December/~ 2000 DEPARTMENT Police ~ ACM: Jun Fortune SUBJECT An ordinance amending Ordinance No 99-920 and Ordinance No 99-308 to provide a dangerous animal permit fee and a multiple pet permit fee for owners with more than four dogs, cats, and or ferrets and maintaining the existing fees pursuant to Chapter 6 of the Code of Ordinances of the City of Denton, Texas, providing that a schedule of fees shall be malntmned on file m the office of the City Secretary, providing a savings clause, providing a severabthty clause, and providing an effective date BACKGROUND' Section 6-13 of the proposed revision of Chapter 6 contains an ordinance that limits the number of dogs, cats or ferrets, or a combination of the three, to four The multiple pet ordinance provides for legitimate breeders and individuals acting as foster homes for animal rights organizations to obtain a multiple pet permit that will allow them to maintain more animals than the prescribed limit Additionally, multiple pet permits would be available to individuals who have a number of animals in excess of the hmlt when the ordinance is passed These permits will require admlmstratlve processing and a physical inspection of the property to insure that the permltee is in comphance with all requirements of the ordinance The proposed annual fee of $20 00 is proposed to cover this cost Section 6-41 of the proposed revisions provides for the keeping of a dangerous animal The section details the responslbthtles of the owner of a dangerous animal and provides for a permit and penodm physical inspections of the animal to ensure compliance The proposed armual fee for a dangerous animal permit is $200 00 This fee is necessary to cover the cost of the admlmstratlve processing and routine inspections OPTIONS 1 The Council can adopt the ordinance as written provided that the Council adopted both Sections 6-13 and 6-41 of the proposed revision of Chapter 6 2 The Council can adopt the ordinance with revisions 3 If Council did not adopt Section 6-13 nor 6-41 of the proposed revision of Chapter 6, this ordinance is not needed and no consideration is required RECOMMENDATION. If Counml adopted the related sections of the revision of Chapter 6, staff recommends adoption of the ord~n~ce setting the specliied permit fees as wnl!ten The fees are necessary to recover the costs of the permit processing and required physical ~nspectlons PRIOR ACTION/REVIEW' The ordinance bas been reviewed by the C~ty Legal staff and approved to form and content FISCAL IMPACT The ordinance will not involve any add~tmnal d~rect costs to the City There ~s no record of the number of the number of ~nd~wduals who would need a multiple pet permit and, therefore, the mount of revenue generated is unknown There are no known dangerous animals w~thln the C~ty hmlts at th~s time Resp~tfully submitted, Gary L Matheson Chief of Pohce ewnght Captain Support Operations D~vls~on 2 ORDINANCE NO AN ORDINANCE AMENDING ORDINANCE NO 99-290 AND ORDINANCE NO 99-308 TO PROVIDE A DANGEROUS ANIMAL PERMIT FEE AND A MULTIPLE PET PERMIT FEE FOR PET OWNERS WITH MORE THAN FOUR DOGS, CATS, AND OR FERRETS AND MAINTAINING THE EXISTING FEES PURSUANT TO CHAPTER 6 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, PROVIDING THAT A SCHEDULE OF FEES SHALL BE MAINTAINED ON FILE IN THE OFFICE OF THE CITY SECRETARY, PROVIDING A SAVINGS CLAUSE, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the C~ty Manager, in consultation with the Ammal Control Dlwmon, recommended to the C~ty Courted a fee be created for dangerous animal permits and for multiple pet permits, and WHEREAS, the City Council deems tt ~n the pubhc ~nterest to increase these fees, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the following fees ~n the Schedule of Fees established by Ordinance No 99-290 and Ordinance No 99-308 are hereby amended to be collected pursuant to the specffied proms~ons of Chapter 6 of the Code of Ordinances SCHEDULE OF FEES Sec 6-13 Multiple Pet Ownership Fee $ 20 00 per year Sec 6-17 Dog and Cat Roglstratton Fee $ 1000annually $ 4 00 annually if unable to procreate Sec 6-20 Animal Impound Fees (1) Class A Ammals (dogs, cats, fowl, each animal) First Impoundment $ 20 00 Second Impoundment $ 30 00 Third Impoundment $ 45 00 Fourth Impoundment $ 70 00 (2) Class B Ammals (goats, sheep, lambs, pigs, sows, shoats, calves, foals, and animals of the same approximate size and weight, each animal.) First Impoundment $ 30 00 Second Impoundment $ 40 00 Third Impoundment $ 75 00 Fourth Impoundment $113 00 (3) Class C Ammals (cattle, mules, horses, pomes, and animals of the same approximate size and weight, each ammal) F~rst Impoundment $ 35 00 Second Impoundment $ 50 00 Third Impoundment $ 75 00 Fourth Impoundment $115 00 (4) Class D Animal (prohibited, exotic, or w~ld animals mqumng capture by center personnel [provided, ~f the Class D ammal ~s already contmned by the owner, then Class B fee schedule shall apply]) F~rst Impoundment $ 34 00 Second Impoundment $ 50 00 Third Impoundment $ 75 00 Fourth Impoundment $115 00 Sec 6-20 Dmly Handhng Fee F~rst Day or part of Day $ 15 00 Each Subsequent Day $ 5 00 Sec 6-24 Carcass Handling/Dead Ammal Disposal Fee Drop-off/Ammal Brought to Ammal Control $ 5 00 per animal Center City P~ck-up of Ammal $ 25 00 per animal Sec 6-25 Animal Euthanasia Fees $ 15 00 per animal (1) Burial Box Small Ammal up to 15 pounds $ 45 00 Medium Animal 16-30 gounds $ 55 00 Large Animal over 30 pounds $ 65 00 Page 2 (2) Cremataon Um Up to 50 pounds Over 50 pounds Injection Mold Um $ 65 00 $ 85 00 Redwood Box Urn $ 70 00 $ 90 00 Ceramic Urn $ 75 00 $ 100 00 Sec 6-27 Quarantine Fees F~rst Day or part of Day $ 15 00 Each Subsequent Day $ 5 00 Sec 6-33 Prohibited Ammal Permat Fee $ 50 00 per ammal Sec 6-41 Dangerous Animal Fee $ 200 00 per ammal SECTION 2 That the above-mentioned fees as estabhshed by the C~ty Council shall be placed on file in the office of the C~ty Secretary and made available to any member of the public who w~shes to see a copy of the fees as established by th~s ordinance The C~ty Secretary ~s d~rected to mmntam th~s Schedule of Fees on file in the City Secretary's office as adopted hereby or as ~n the future may be estabhshed by the City Council All fees shall be prod to the City at the Ammal Control Center ~n accordance with Article III of Chapter 6 of the Code of Ordinances of the C~ty of Denton SECTION 3 That save and except as amended hereby, all the sections, sentences, clauses, and phrases of Orchnance No 99-290 and Ordinance No 99-308 shall remmn in full force and effect SECTION 4 That ffany section, subsection, paragraph, sentence, clause, phrase, or word ~n th~s ordmance, or apphcat~on thereof to any person or c~rcumstance is held mvahd by any court of competent jurisdiction, such holding shall not affect the vahd~ty of the remmnmg pomons of thas ordmance, and the C~ty Council of the C~ty of Denton, Texas hereby declares ~t would have enacted such remaining portions despite any such vahd~ty SECTION 5 Th~s ordinance shall become effective fourteen (14) days from the date of ~ts passage, and the C~ty Secretary is hereby d~rected to cause the caption of th~s ordinance to be pubhshed twice ~n the Denton Record-Chromcle, the official newspaper of the C~ty of Denton, Texas, within ten (10) days of the date of~ts passage PASSED AND APPROVED th~s the day of ., 2000 EULINE BROCK, MAYOR Page 3 ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 4 AGENDA INFORMATION SHEET [Iai0 IL--/if~ 0(~ ... AGENDA DATE December/~ 2000 DEPARTMENT Fmance/Treasury CM/DCM/ACM Kathy DuBose, Assistant City Manager x-~'~ Fiscal and Mumctpal Services t~ SUBJECT. Consider a resolutaon rewewing and adopting the investment policy for funds for the City of Denton, designating an investment officer, providing a savings and repealm~ clause, and providing an effectxve date BACKGROUND In accordance w~th the Public Fund~ Investment Act, the City of Denton Investment Pohey must be approved by the City Council at least annually The policy establishes investment parameters and gmdelmes for the lnvestment~program It also designates the authorized investment officer responsible for the daffy investment activity by the City Staff,s recommending one change to the Investment Pohcy Page 10, section VII D 3 "Statable and Authorized Investment Securities" This change would add an additional llmttation to the portfolio by linuttng U S Treasury and Agency callables to 25% of the total investment balance A callable is a bond issue in which all or part of its outstanding principal amount may be redeemed before matonty by the issuer under specified eondmons Generally, a security ts called so that underwriters can mature a bond at a high coupon rate and reissue the bond at a lower coupon rate, thus mcreasm~ their margin of profit This hnutatmn will ensure the safety, hquid~ty, marketability, and d~versfficat~on of the portfolao RECOMMENDATION Staff reenmmends that the City Council approve Investment Pohcy 40804 The pohey contmues to comply with the Public ~Funds Investment Act PRIOR ACTION/REVIEW (Council. Boards. Comm~sston) Investment Pohcy 408 04 was presented to the Investment Cormmttee on Thursday, October 26, 2000 All committee members voted for approval and recommended the policy be submatted to the City Council for revtew (5- 0) Dtana Ortaz Director of Fiscal Operattons Prepared by Lee Para Bunselmeye~ ~ Cash & Debt Administrator RESOLUTION NO A RESOLUTION REVIEWING AND ADOPTiNG THE INVESTMENT POLICY FOR FUNDS FOR THE CITY OF DENTON, DESIGNATiNG AN INVESTMENT OFFICER, PROVIDING A SAViNGS AND A REPEALING CLAUSE, AND PROVIDiNG AN EFFECTIVE DATE WHEREAS, the City Council passed Resolution No 96-061 on October 15, 1996, which adopted an Investment Policy for Funds for the City, ~n compliance with the Public Funds Investment Act, 74th Leg, ch 402, 1995 Tex Sess Law Serv 2958 (Vernon) (TEX GOV'T CODE Ann Ch 2256), and WHEREAS, by Resolution No 97-026, passed by the City Council on June 10, 1997, the City's Investment Policy was amended, and WHEREAS, by Resolution No 97-077, passed by the City Council on December 16, 1997, the City's Investment Policy was amended, and WHEREAS, by Resolution No 98-067, passed by the City Council on December 15, 1998, the C~ty's Investment Policy was rewewed and adopted, and WHEREAS, by Resolution NO 99-047, passed by the City Council on September 21, 1999, the City's Investment Policy was amended, and WHEREAS, the City Council desires to rewew the Investment Pohcy for compliance to the Public Funds Investment Act, TEX GOV'T CODE ch 2256, by the 76th Legislature, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 That the Clty Council has reviewed the attached City of Denton Investment Policy, which contains the investment policies and strategies and hereby adopts the attached Investment Policy with the recommended changes to the pohcy from the one adopted on September 21, 1999 SECTION 2 That the Assistant City Manager of Fiscal and Municipal Services is hereby demgnated as the chief financial officer for the City and the Director of Fiscal Operations is hereby designated as the City's investment officer to perform the functions required of her/h~m The financial officer is hereby authorized to perform the functions required of her/lum under the Investment Pohcy and in accordance with TEX GOV'T CODE ch 2256 SECTION 3 That all ordinances or parts of ordinances in fome when the provisions of this resolution became effective which are Inconsistent ~or ~n conflict with the terms or provisions contmned,m this resolution are hereby repealed to the extent of any such conflict only The non- conflicting sections, sentences, paragraphs, and phrases, shall remmn in full force and effect SECTION 4 That save and except as amended hereby, all the provls~ons, sections, subsections, paragraphs, sentences, clauses, and phrases of Resolution No 96-061, Resolution No 97-026, Resolution No 97-077 and Resolution No 98-067 shall remain ~n full force and effect SECTION 5 That th~s resolution shall become effecnve lmmedmtely upon ~ts passage and approval PASSED AND APPROVED this the __ day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY S \Our Documents\Resolutmns\00\lnvestment Policy Review doc CITY OF DENTON Page loll4 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE SECTION FINANCE POLICIES REFERENCE NUMBER 408 04 INITIAL EFFECTIVE DATE SUBJECT INVESTMENTS 02/17/87 LAST REVISION DATE TITLE INVESTMENT POLICY 06/97 9/99 11/97 I. PURPOSE This policy shall provide the guidelines by which the City of Denton "City" will maintain the minimum amount of cash m its bank accounts to meet daily needs, and to provide protection for its principal and liquidity while receiving the highest yield possible from investing all temporary excess cash This policy serves to satisfy the statutory requirements of defining and adopting a formal investment policy The policy and strategy shall be reviewed annually by the Investment Committee and City Council who will formally approve any modifications This investment pohcy as approved, is in compliance with the provisions of the Public Funds Investment Act of Tex Gov't Code Ann Chapter 2256, hereinafter referred to as the "Act", as amended and effective September 1, 1997 II. SCOPE A This Investment Policy applies to the investment activities of the City of Denton, Texas The specific funds cited hereafter tn Section IIB, shall be excluded from this Investment Policy JAil financml assets of all funds, including the General Fund and any other accounts of the City not specifically excluded in these policy guidelines are included These funds are accounted for in the City's Comprehensive Annual Financial Report (CAFE.)] These funds, as well as funds that may be created from time-to-time, shall be administered in accordance with the provisions of these policies All funds will be pooled for investment purposes The strategy developed for this pooled fund group will address the varying needs, goals, and objectives of each fund B This policy shall not govern funds, which are,managed under separate investment programs in accordance with Section 2256 004 of the Act Such funds currently include, Employees' Retirement Fund of the City of Denton, the Flremen's and Pohcemen's pension Funds of the City of Denton, other funds established by the City for deferred employee compensation, revenue bond reserve funds, and certain private donations The City shall and will maintain responsibility for these funds to the extent required by Federal and State Law, the City Charter, and donor stipulations III. INVESTMENT OBJECTIVE & STRATEGY It is the policy of the "City" that, giving due regard to the safety and risk of investment, all available funds shall be invested in conformance with State and Federal Regulations, applicable Bond Resolution requirements, adopted Investment Policy and adopted Investment Strategy Page 2 of 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE TITLE INVESTMENT POLICY REFERENCE NUMBER 408 04 In accordance with the Public Funds Investment Act, the following prioritized objectives (In order of importance in accordance with Section 2256 005(d) of the Act), apply for each of the City's investment strategies A Suitability - Understanding the suitability of the investment to the financial requirements of the City Any Investment eligible in the Investment Policy is suitable for all City funds B Safety - Preservation and safety of principal All investments will shall be of high quality securities with no perceived default risk Market price fluctuations will however occur, by managing the weighted average days to maturity for each fund type as specified C Liqutdity- To enable the City to meet operating requirements that might be reasonably anticipated, the City's investment portfolio will remain sufficiently liquid Liquidity shall be achieved by matching investment maturities with forecasted cash flow requirements and by mvestmg m securities with active secondary markets Short-term investment pools and money market mutual funds provide daily liquidity and may be utilized as a competitive yield alternative to fixed maturity investments D Marlcetablhty - Securities with active and efficient secondary markets are necessary in the event of an unanticipated cash requirement Historical market "spreads" between the bid and offer prices of a particular security-type of less than a quarter of a percentage point shall define an efficient secondary market E Diversification - Investment maturities shall be staggered throughout the budget cycle to provide cash flow based on the anticipated needs of the City Diversifying the appropriate maturity strocture will reduce market cycle risk F Yield- Attaining a competitive market yield for comparable security-types and portfolio restrictions are the desired objective The yield of an equally weighted, rolling SlX-month treasury bill porffoho shall be the minimum yield objective or "benchmark" A secondary objective will be to obtain a yield equal to or in excess of a local government investment pool, money market mutual fund or average Federal Reserve discount rate The first measure of success in this area will be the attainment of enough income to offset Inflationary locreases Even though steps will be taken to obtain this goal, the City's staff shall constantly be cognizant of the standard of care and the investment objectives pursuant to the provisions of the amended Act, Section 2256 006(a) The Director of Fiscal Operations shall avoid any transactions that might impair public confidence in the City's ability to govern effectively The governing body recognizes that in diversifying tho portfolio, occasional measured losses due to market volatility are inevitable, and must be considered within the context of the overall portfoho's investment return, provided that adequate diversification has been implemented The prudence of the mvestment decision shall be measured in a~cordance with the tests set forth in Section 2256 006(b) of the Act IV INVESTMENT STRATEGY FOR SPECIFIC FUND ,GROUPS Each mRIor fund type has varying cash flow requirements and liquidity needs Therefore specific strategies shall be implemented considering the fund's unique requirements and the following shall Page 3 of 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE TITLE INVESTMENT POLICY REFERENCE NUMBER 408 04 be considered separate investment strategies for each of the funds mentioned below The City's funds shall be analyzed and Invested according to the following major fund types A Operating Funds - Investment strategies for operating funds and commingled pools containing operating funds have as their primary objective to assure that anticipated cash flows are matched with adequate investment hqmdtty The secondary objective is to structure a portfolio, which will minimize volatility during economic cycles This may be accomphshed by purchasing high quality, short-term securities, which will compliment each other In a leddered maturity structure A dollar weighted average maturity of 365 days or less will be maintained and calculated by using the stated final maturity date of each Security B Debt Service Funds - Investment strategies for debt service funds shall have as the primary objective the assurance of investment hqmdlty adequate to cover the debt service obligation on the required payment date Securities purchased shall not have a stated final maturity date, which exceeds the debt service payment ,date A dollar weighted average maturity of 550 days or less will be mmntalned and calculated by using the stated final maturity date of each security C Debt Service Reserve Funds - Investment strategies for debt service reserve emergency and contmgancy funds shall have as the primary objective the ability to generate a dependable revenue stream to the appropriate 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 with stated final maturities not exceeding five (5) years Volatility shall be further controlled through the purchase of securities carrying the highest coupon available, within the desired maturity and quahty range, without paying a premium, if at all possible Such securities will tend to hold their value during economic cycles D Constructwn and Special Purpose Funds - Investment strategies for construction projects or special purpose fund portfolios will have as their primary objective to assure that anticipated cash flows are matched with edequate investment liquidity These portfolios should include at least 10% in highly liquid securities to allow for flexibility and unanticipated preject outlays The stated final maturity dates of se(~urltles held should not exceed the estimated project completion date A dollar weighted average maturity of 365 days or less will be maintained and calculated by using the stated final maturity of each security E Market prices for all pubhe fund investments will be obtained and monitored through the use of Intaractive Data lac, an on-hne data service or a similar qualified successor agency V. INVESTbIENT COMMITTEE Members - There is hereby created an Investment Committee consisting of the City Manager, Assistant City Manager of Finance, Director of Fiscal Operations, Mayor, and one member of the City Council Scope - The Investment Committee shall meet at least quarterly to determine general strategies and to monitor resuRs Included in its deliberations will be such topics as economic outlook, portfolio Page 4 of 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER TITLE INVESTMENT POLICY 408 04 diversification, maturity structure, potential risk to the City's funds, authorized brokers and dealers, and the target rate of return on the Investment portfolio Procedures - The Investment Committee shall provide for minutes of its meetings Any two members of the Investment Committee may request a special meeting, and four members shall constitute a quorum The Invastmant Committee shall estabhsh its own rules of proceduras VI. RESPONSIBILITY AND STANDARD OF CARE A Delegation & Training - The management responsibility for the investment program Is hereby delegated to the Assistant City Manager of Finance, who shall establish written procedures for the operation of the investment program, consistent with this investment policy Such procedures shall include exphott delegation of authority to the individual(s) responsible for investment transactions The ,primary individual who shall be Involved In investment activities will be the Director of Fiscal Operations The Cash & Debt Administrator wdl have a support role The Assistant City Manager of Finance and Director of Fiscal Operations are designated as investment officers, pursuant to section 2256 005 subsection f of the Act Accordingly, the investment officers, who shall be the chief financial officer and the investment officer of the City for the purposes of Section 2256 008 of the Act, shall attend at least one training session relating to their responsibility under the Act within 12 months after assuming duties, These sessions and additional investment training sessions must be completed no less often than once every two fiscal years commencing September 1, 1997 and these financial officers shall receive not less than 10 hours of instruction relating to investment responsibilities The training must Include education in investment controls, security risks, strategy risks, market tasks, and compliance with the Public Funds Investment Act The investment training session shall be provided by an independent source approved by the investment committee For purposes of this policy, an "independent source" from which investment training shall be obtained shall include a professional organization, an institute of higher learning or any other sponsor other than a Business Organization with whom the City of Denton may engage in an investment transaction Thus, these Independent sources will be training sessions sponsored by Government Treasurers Organization of Texas (GTOT), University of North Texas (UNT), Government Finance Officers Association of Texas (GFOAT) No persons may engage in mvastment transactions except as provided under the terms of this policy and the procedures established by the Assistant City Manager of Finance The Assistant City Manager of Finance shall be responsible for all transactions undertaken, and shall establish a system of control to regulate the activities of the Director of Fiscal Operations The controls shall Include a quarterly process of independent review by an individual or firm designated by the Assistant City Manager of Finance, and an annual review by an external auditor The reviews will provide internal control by assuring compliance with policies and procedures The Assistant City Manager of Finance, Director of Fiscal Operations, Mayor, City Council, City Manager and other Finance employees shall be personally indemnified in the event of investment loss provided the Investment Policies and Guidelines are followed B Conflicts oflnterest - All participants in the investment process shall seek to act responsibly as custodians of public assets Officers and employees Involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions Page 5 of 14 POLICY/ADMINISTRATIVE PROCEDURe/ADMINISTRATIVE DIRECTIVE TITLE INVESTMENT POLICY REFERENCE NUMBER 408 04 C Dtsclosure- Anyone tnvolved in investing City funds shall file with the Assistant City Manager of Finance and the Investment Committee a statement disclosing any personal business relaUonshlp and any material financial interest m a business organization that handle City of Denton investments An investment officer has a personal business relationship with a business organization if 1 The investment officer owns 10% or more of the voting stock or shares of the business organization or owns $5,000 or more oftbe fair market value of the business organization, 2 Funds received by the investment officer from the business organization exceed 10% of the investment officers gross income for the prior year, or 3 The investment officer has acquired from the business organization during the prior year investments with a book value of $2,500 or more for the personal account of the investment officer Any investment officer who Is related within the second degree by affimty or consanguinity as determined under the Tex Oov't Code Ann Ch 573 to an individual seeking to sell an investment to the City shall file a statement disclosing that relationship with the City Council and the Texas Ethics Commission D Prudence - The standard of prudence to be used by the investment officials shall be the "Prudent Person Rule", as set forth m Tex (3ov't Code Ann Sec 2256 006 and will be applied in the context of managing an overall portfolio "Investments shall be made with judgement and care under circumstances then prevailing - which persons of prudence, discretion and intelligence exercise m the management of their own affairs, not for speculation, but for investment, consldenng the probable safety of their capital as well as the probable Income to be derived" Investment officials acting in accordance with written procedures and the investment policy and exercising due diligence shall be relieved of personal responslbdlt~es for an individual security's credit risk or market price change, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments E Reporting Monthly. The Diractor of Fiscal Operations shall submit monthly an investment report, to the Investment Committee, that summarizes recent market conditions, economic developments and anticipated investment conditions The report shall summarize the investment strategies employed, describe the portfolio m terms of investment securities, maturities, risk characteristics and other features The report shall include total investment return to date and compare the return with budgetary expectations or projections Page 6 of 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER TITLE INVESTMENT POLICY 408 04 ~uarterly - The Director of Fiscal Operations shall prepare and present to the Investment Committee and City Council a written report 'on the City's investment transactions for the preceding reporting period The report shall l) describe m detail the mvastment position of the City as of the end of the reporting period, p) prepared jointly by all investment officers, 3) signed by each investment officer, 4) cunt~m a summary statement of each pooled fund Including a) beginning market value for the reporting period, b) additions and changes to the market value during the period, c) ending market value for thepertod, and d) fully accrued Interest for the reporting period The summary statement for each fund group must be prepared m compliance with Generally Accepted Accountmg Principles (GAAP) 5) State the book value and market value of each separately invested asset at the beginning and end of the reportm$ period by type of asset and fund type invested, 6) state the maturity date of each separately invested asset that has a maturity date, 7) state the account or fund or pooled group fund for which each individual investment was acquired, and 8) state the compliance of the investment portfoho of the City as it relates to the investment strategy of the City and with relevant provisions of the Tex Gov't Code ch 2256 .4nnually - Within ninety (90) days of the cad of the Fiscal Year, the Director of Fiscal Operations shall present a comprehensive annual report to the City Council on the investment program and investment activity The annual report shall provide a separate quarterly comparison of returns and suggestions for improvements that might be made in the investment program Tho City Council shall review and approve the investment policy and investment strat~glos at least annually and be documented by rule, order, ordinance or resolution which shall mcludo any changes made Compliance Audit - Tho City's external, independent auditor will conduct an annual review of the quarterly reports in conjunction with the annual financial audit The results of the audit will bo reported to City Council upon receipt The audit will review compliance with management control on investments and adherence to this policy F The guidelines of retaining records for seve~ years as recommended In the Texas State Library Municipal Records Manual should bo[followed The Director of Fiscal Operations shall oversee the filing and/or storing of investment records VII. SUITABLE AND AUTHORIZED INVESTMENT ,SECURITIES A Active Portfolm Management - The City il[tends to pursue an active versus a passive investment management philosophy That is, l securities may be sold before they mature if market conditions present an opportunity for the City to benefit from the trade (Subsection E) Page 7 of 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE TITLE INVESTMENT POLICY REFERENCE NUMBER 408 04 B Authorized Investments (Per HB 2459 and Sections 2256 009 through 2256 017 of the AcO - Assets of funds of the government of the City of Denton may be ~nvasted in Obhgatlons of the United States of Amersca, its agencies and mstrnmentahty's (maturing m less than five (5) years, which have a liquid market with a readily determinable market value, 2 Investment - grade, direct obligations of the State of Texas (maturing in less than two (2) years), 3 Obligations of the States, agencies thereof, Counties, Cities, and other political subdivisions of any state having been rated as investment quality by a nationally recognized investment rating firm, and having received a rating of not less than "AA" or ItS equivalent (maturing m less than two (2) years), 4 Fully insured or collaterahzed Certificates of Deposit's issued by state and national banks or savings bank or a state or federal credit union, domiciled In Texas, guaranteed or insured by the Federal Deposit Insurance Corporation or its successor or the National Credit Union Share Insurance Fund or its successor, secured by obligations described m 1 through 3 above, and that have a market value of not less than the principal amount of the certificates but excluding those mortgage backed securities as descrlbad in the Tex Gov't Code Sec 2256 009(b) (maturing in less than one (l) year), 5 Fully collatenzad direct repurchase ,agreements (whose underlying purchased securities consist of the foregoing) with a defined termination date secured by obhgatlons of the United States or its agencies and mstrumentahty's pledged with a third party, selected and approved by the City through its Director of Fiscal Operations, other than an agency for the pledgor and deposited at the time the investment is made with the City Repurchase agreements must be purchased through a primary government securities dealer, as defined by the Federal Reserve, or a bank domiciled in Texas Each issuer of repurchase agreements must sign a copy of the City's Master Repurchase Agreement (tenmnation date must be 30 days or less), 6 Commercial paper that has a stated maturity of 270 days or less from the date of issuance and is rated A-1 or P=I or an equivalent rating by at least two nationally, recognized rating agencies 7 a Public Fund Investment Pools with a weighted average maturity of 90 days or less The pool must be approved ~by resolution) by the City Council to provide services to the City The pool retest be continuously rated no lower than AAA or AAA-m or at an equivalent rating by at least one nationally recognized rating service A public funds investment pool created to function as a money market mutual fund must mark to market daily and, stabilize at a $1 net asset value b To be ehglble to receive funds from and invest funds on behalf of an entity under this chapter, an investment pool must furnish to the investment officer or Page 8 of 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER TITLE INVESTMENT POLICY 408 04 other authorized representative o~the entity an offering circular or other similar disclosure instrument that contains, at a mlmmum, the following information (1) the types of investments m ~'hlch money is allowed to be invested, (2) the maximum average dollar-weighted maturity allowed, based on the stated maturity date, oftbe pool, (3) the maximum stated maturity date any investment security within the portfolm has, (4) the objectives of the pool, (5) the size of the pool, (6) the names of the members of the advisory board of the pool and the dates their terms expire, (7) the custodian bank that will safakeep the pool's assets, (8) whether the intent of the pool is to maintain a net asset value of one dollar and the risk of market price fluctuation, (9) whether the only source of payment is the assets of the pool at market value or whether there IS a secondary source of payment, such as insurance or guarantees, and a description of the secondary source of payment, (lO) the name and eddress of th0 independent auditor of the pool, (11) the reqmrements to be sal~lsfied for an entity to deposit funds in and withdraw funds from the pool and any deadlines or other operating pohcles required for the el~tity to invest funds m and withdraw funds from the pool, and (12) the performance history of the pool, including yield, average dollar- weighted maturities, and e~pense ratios c To maintain eligibility to receive, funds from and invest funds on behalf of an entity under this chapter, an investment pool must furnish to the lnvestmant officer or other authorized representative of the entity (1) investment transaction confirmations, and (2) a monthly report that contains, at a minimum, the following information (A) the types and perc0ntage breakdown of securities m which the pool is invested, (B) the current average dollar-weighted maturity, based on the stated maturities of the pool, (C) the current percentase of the pool's portfolio in investments that have stated maturities of more than one year, (D) the book value versus the market value of the pool's portfolio, using amortized cost,valuation, (E) the size oftbe pool, (F) the number of participants In the pool, (C]) the custodian bank that is safekeeping the assets of the pool, (H) a listing of daily tra~lsaction activity of the entity participating in the pool, (I) the yield and expense ration of the pool, (J) the portfolio managers of the pool, and (K) any changes or addenda to the offering circular Page 9 of 14 POLICY/ADMINISTRATIVE PROCEDIJRE/ADMINISTRATIVE DIRECTIVE TITLE INVESTMENT POLICY REFERENCE NUMBER 408 04 8 An SEC-registered, no load money market mutual fund which has a dollar weighted average stated maturity of 90 days or ,less whose assets consist exclusively of the assets described m section B 1 and ,whose investment objectives includes the maintenance of a stable net asset value of $1 for each share Furthermore, It provides the City with a prospectus and other information required by the SEC Act of 1934 or the Investment Advisor Act of 1940 and which provides the City with a prospectus and other information required by the Securities Exchange Act of 1934 (15 USC Section 78a et Seq ) or the Investment Company Act of 1990 (15 USC Section 80a-1 et Seq ) 9 Other such securities or obligations wh~h are authorized by the Act as approved by City Council upon recommendation of the Investment Committee C Prohtbttedlnvestments - The City's authorized investment options are more restrictive than those allowed by State law Furthermore, this policy specifically prohibits investment in the following mvestment securities Obligations whose payment represents the coupon payments on the outstanding principal balance of the underlying mortgage-backed security collateral and pays no principal 2 Obligations whose payment represents the principal stream of cash flow from the underlying mortgage-backed security collateral and bears no interest 3 Collaterahzed mortgage obligations that have a stated final maturity date of greater than 10 years 4 Collaterahzed mortgage obligations the interest rate of which is determined by an index that adjusts opposite to the changes in a market index D Diversification - It Is the pohcy of the City to diversify its investment por~fohos The diversification will protect interest income from the volatility of interest rates and the avoidance of undue concentration of assets in a specific maturity sector, therefore, portfolio maturities shall be staggered Securities shall, also be selected and revised periodically by the Investment Committee In establishing specific diversification strategies, the two (2) following general policies and constraints shall apply 1 Risk of market price volatlhty shall be controlled through maturity diversification and by controlling unacceptable maturity extensions and a mismatch of liabilities and assets The maturity extension will be controlled by limiting the weighted average maturity of the entire portfolio to 550 days All long-term maturities will be intended to cover long-term habthtlas In addition, five (5%) percent of the funds in the portfolio will be liquid at all times 2 The Investment Committee shall establish strategies and guidelines for the percentage of the total portfolio that may be invested in U S TreasuO' Securities, federal agency instrumentalities, repurchase agreements, and msured/collaterhzed certificates of deposit and other securities or obligations The Investment Committee shall conduct a Page 10 of 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE TITLE REFERENCE NUMBER INVESTMENT POLICY 408 04 quarterly review of these guidelines, and shall evaluate the probability of market and default r~sk in various investment sectorS as part of its considerations 3 Risk of principal loss in the portfolio as a whole shall be minimized by diversifying mvestment typos according to the roller, lng limitations Investment Tree % of Portfolio · U S Treasury Notes/Bills 100% · U S Agencies & Instrumentalities 100% · State of Texas Obligations & Agencies 15% · Local Government Investment Pools 50% · Local Government Obligations (AA) 10% · Repurchase Agreements 25% · Certificates of Deposit 100% · U S Government Money Market Funds 50% · U S Treasury Notes & U S Agency Callables 25% By Institution Repurchase Agreements No more than 10% All Other No more than 40% Investment Pools No more than $10,000,000 E Security swaps may be considered as an investment option for the City A swap out of one mstrtunent into another is acceptable to ing~'ease yield, realign for disbursement dates, extend or shorten maturity dates and improve ]market sector diversification Swaps may be initiated by brokers/dealers who are on the 'City's approved list A horizon analysis is required for each swap proving benefit to the ~lty before the trade decision is made, which will accompany the investment file for record keeping. F All investments (governments or bank C D 's) will be solicited on a competitive basis with at least three (3) mstltutlons The InvastmentlCommittee can approve exceptions on a case by case basis or on a general basis in the form Of gmdelmes These guldehnes shall take into consideration the investment type maturity dale, amount, and potential disruptiveness to the City's investment strategy The investment will be made with the broker/dealer offering the best yield/quality to the City The quotes may be accepted orally, in writing, electronically, or any combination of those methods G Arbitrage - Due to the bond issuance sizes of which the City incurs on a regular basis, arbitrage should be addressed The Tax Reform Act of 1986 provided limitations restricting the City's investing of tax- exempt General Obligation Bond proceeds and debt service income New arbitrage rebate provisions require that the City compute earnings on investment from each issue of bonds on an annual basis to determine if a rebate is ~qmred To determine the City's arbitrage position, the City is required to perform specific calculations relative to the actual yield Page 11 of 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER TITLE INVESTMENT POLICY 408 04 earned on the investment of the funds and the Held that could have been earned if the funds had been invested at a rate equal to the yield on the bonds sold by the City The rebate provision states that periodically (not less thanlonce every five years, and not later than sixty days aider maturity of the bonds), the City is required to pay the U S Treasury a rebate of excess earnings based on the City being in a positive arbitrage position The Tax Reform restrictions require extreme precision In the monitoring and recording facets of investments as a whole, and particularly as relates to yields and computations so as to insure compliance Failure to comply can dictate that the bonds become taxable, retroactively from the date of lSsllallce The City's investment pos~twn relative to the new arbitrage restrictions is the continued pursuit of maximizing yield on applicable investments while insuring the safety of capital and liquidity It is a fiscally sound position to continue maximization of yield and rebate excess earmngs, if necessal'y VIII SELECTION OF BANKS AND DEALERS A Depository - City Council shall, by ordinance, "select and designate one or more banking Institutions as the depository for the monies and funds of thc City" in accordance with the requirement of Tex Loc Gov't Code ch 105 The bank shall be selected primarily on "solvency and stability" and secondly, on rate of interest available The Director of Fiscal Operations shall conduct a comprehensive review of prospective depositories credit characteristics and financial history The bank shall be selected through a formahZed bidding process in response to the City's request for proposal (RFP) outlining all services required The Investment Committee shall have the discretion to determine the time span for reblddmg the banking services contract, however, a two year period will be the minimum length of time between bidding with a $ year maximum period Banks and savings and loans associations seeking to establish eligibility for the City's competitive certificate of deposit purchase program, shall submit financial statements, evidence of Federal Insurance and other information as required by the Director of Fiscal Operations B Investment Brokers/Dealers - The Investment Committee shall be responsible for adopting the hst of brokers and dealers of government s~curmes Their selection shall be among only primary government securities dealers that report directly to the New York Federal Reserve Bank, unless a comprehanslve credit and capltahzatlon analysis reveals that other firms are adequately financed to conduct public business The Investment Committee shall base its evaluation of security dealers and financial ~nstltutions upon I Financial conditions, strength and capability to fulfill commitments, 2 Overall reputation with other dealers or investors, 3 Regulatory status of the dealer, 4 Background and expertise of the individual representatives Page 12 of 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER TITLE INVESTMENT POLICY 408 04 The Director of Fiscal Operations shall conduot business with securities dealers approved by the Investment Committee or with banks selected as outlined in VIII Furthermore, the committee must annually review this list of qualified brokers authorized to engage m investment transactions with the City InvesWaent Officers shall not conduct business with any firm with whom public entities have sustained losses on investments or whose name the Investment Committee has removed from an approved hst C Compliance - A qualified representative from any firm offering to engage ~n investment transactions with the City Is required to sign a written instrument This eertlfias that they have received and reviewed a written copy of the C~ty's Investment Policy The firm must acknowledge that it has unplemented reasonable procedures and controls in an effort to preclude investments between the City and the firm that are not authorized by the City's investment policy Approved brokers and dealers must complete Exhibit A and return it to the Director of Fiscal Operations The City's mvastment officer(s) may not transact business from a person who has not delivered the required written instrument to the City D Diversification - To guard against default possibilities under these conditions, and to assure diversification of bidders, business with any one issuer, or mvastment broker, should be limited to (40%) percent of the total portfolio at any point in time In this way, bankruptcy, receivership or legal action would not immobilize the C~ty's ablhty to meet payroll or other expenses IX PRINCH~AL PROTECTION AND SAFEKEEPING A All banks' and savings and loan associations' deposits and investments of City funds shall be secured by pledged collateral with a market value equal to no less than 102 percent of the principal plus accrued interest less an amount insured by FDIC or FSLIC Evidence of proper collaterahzatlon in the form of original safekeeping receipts held m institution's trust depmh~ient or at a third party institution not affihated with the bank or bank holding company will be mmntamed m the office of the Director of Fiscal Operations all time The Assistant City Manager of Finance, Director of Fiscal Operations or other authorized City Representative will approve and release all pledged collateral Collateral will be reviewed monthly to assure the market value of the securities pledged exceeds investments and/or the related bank balances The Committee shall request additional collateral in the event they deem that their deposits and investments are not sufficiently protected by the pledged collateral B Safekeeping procedures shall be established by the Investment Committee which clearly define steps for gaining access to the Collateral should the City determine that the City's funds are in jeopardy Collateral safekeeping and substitution agreements will be a part of the procedure C Collateral Defined - The City of Denton shall accept only the following securities as collateral Page 13 of 14 POLICY/ADM~N'ISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER TITLE INVESTMENT POLICY 408 04 1 FDIC and FSLIC insurance coverage 2 United States Treasuries & Agencies 3 Other securities as approved by the Investment Committee D Delivery vs Payment - All transactions will be executed with authorized security dealers and financial institutions on a delivery-versus-payment (DVP) basis That is, funds shall not be wired or paid until verification has been made that the Trustee received the collateral The collateral shall be held in the name of the City or held on behalf of the City The Trustee's records shall assure the notation of the City's ownership of or explicit claim on the securities The original copy of all safekeeping receipts shall be delivered to the City Securities will be held by the City's safekeeping agent, which shall be selected through a competitive process (RFP) or that agent's representative in New York City, or in it's account at the Federal Reserve Bank E SubJeCt to Audit - All collateral shall be subJect to inspection and audit by the Director of Fiscal Operations, or designee, as well as, the City's independent auditors X MANAGEMENT AND INTERNAL CONTROLS The Director of Fiscal Operations, or designee, shall establish a system of internal controls, which shall be reviewed by an independent auditor The controls shall be designed to prevent losses of public funds arising fi.om fraud, employee error, and misrepresentation by third parties, unanticipated changes in financial markets, or imprudent actions by employees or Investment Officers of the City Controls and managerial emphasis deemed most important that shall be employed include the following ]moeratlve Controls Custodian safekeeping receipts records management Avoidance of bearer-form securities Documentation of investment bidding events Written confirmation of telephone transactions Reconcdemant's and comparisons of security receipts with the investment subsidiary records Compliance with mvastment policies Verification of all interest income and security purchase and sell computations Page 14 of 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE TITLE INVESTMENT POLICY REFERENCE NUMBER 408 04 Controls Where Practical Control of Collusion Separation of duties Separation of transactwn authority from Accounting and Record-keeping Clear delegation of authority Accurate and timely reports Validation of investment maturity decisions with supporting cash flow data Adequate training and development of Investment Officials Review of financial conditions of all brokers, dealers, and depository institutions Staying informed about market conditions, changes and trends that reqmre adjustments m investment strategies INVESTMENT POLICY EXHIBIT "A" TEXAS PUBLIC FUNDS INVESTMENT ACT CERTIFICATION BY BUSINESS ORGANIZATION Tlus cemfication is executed on behalf of the C~w of Denton (the Investor) and (the Business Or/sm~.uon) pursuant to the Pubhc Funds Inxestment Act, Chapter 2256, Texas Government Code (the Act) tn counecuon w~th mx estment transactions conducted bet~veen the Investor and the Business Or~amzat~on The understtmed Q~,shfied Representative of the Business Or~amzation hereby cemfies on behalf of the Business Or~amzat~on that I The understgned ~s a Quahfied Representauve of the Business Or~nm~n~lon offerulg to enter an mxestment transaction w~th the Investor as such terms are used m the Pubhc Funds lnveslm~nt Act, Chapter 2256, Texas Government Code and 2 Th~ Q-,,I;~ed Representatix~ of the Business Or?n.~non has received and re~aewed the In~.estment Policy furmshed by the Investor and 3 The Q-.h6ed Represantanve of the Business Or~uuzation has 'unplemented reasonable procedures and controls m an effort to preclude mveslment transactions conducted between the Business Or~snl=S~on and the Investor that are not amtlonzed by the entity's mxestment pohcy, except to the extent that tins authonzanon is dependent on an analys~s of the makeup of the enti~"s entire portfoho or reqmres an interpretation of sub.lecnve mx estment standards Quahfied Representanve of the Business Orgamzation T~tle. Date INVESTMENT POLICY EXHIBIT "B" MASTER REPURCHASE AGREEMENT Da~ed a~ of Be~ve~l~ (Seller) (Nam~ Of Customer) (Buyer) I AppUcubBi~y From tva~ m ume die pafl~*s hereto may enter mm tra~ncuons m winch one par~ ('Seller") agm~$ m mmsfer m din odi~r ("Buyer") sucun~ or fineuctsI ms~umnn~ ("secunnes") against Iha mmsfer of funds by Buyer Mdi a stmultaneone aSthma*ut by Buyer ~o um~fer to Selbr such Secununs at a d~ c~am or on demand against the transfer of fonds by Seller ~ch,such transaction shall be referred to harem as a "Transuctmn# and shall be governed by dins Agreement. including any supplemental temls or condlltons contained m Annex I hereto, unless odierwue agreed in writing 2 i~flnitlons (e) "Acs of Insoivoucy'*. whit re,putt to any paAy. (i) the commencement by such party as debtor of any case or proceeding under an ~. insolvency, rnerganLmbn. IkluMation dmolutinn or sumler taw or such par~ seeking the appotmmmu of n receiver, mince, custodian or sunnier official fur such party or any ~lMafttinl pltrt of be pel~. or (iD the connmuc~ of any such cue or p _r~_~_~.~_mg against such party or altotbor mlMda~ 8ui:h qNlObllmmt, or tim filing agabm i pray of Im applicaden fur a protacUve decree under dm provldolta of dim Socgritins lnvemor Protectine Act Of 1970. which (A) ts comemnd to or nnt umeiy neeta~od b~ M M. (B) ro~ts ill die nntry of an ordm' fur relief, soch ne appommtent, die Issoance of attah n Pi*ninOn de~o or die nntry of ne order hying a sfmilas effuct, or (C) m not dmmtssed widim I$ deys (lid tim nmkhg by a M of a general aasignmnet for die4bennflt of crcdm)re or (tv) the edmmsinn m wmmg bY a PoflY of math ptoty'a Imbdity to pay such party's delta as diuy hacome duc (b) *'Addltioml Pucnhasod Seco~____*. Sec~ provided bytSeber to Buyer pursuant to Paragraph 4(a) hereof` (c) 'Buyer*s Margin Amomit'** Mdi respect to any Trans~ as of any daM. tile ana~ obtained by applEatmfl of i IMrce~. e (which may equal to the percmnage that ts agreed to as the Seller's Margin Amount under subparagraph (q) of dins paragraph), agreed to by Bu,'er and Seller prmr to entormg mtn die transactton to die Repurchase Price for such Trensxcuon as of Such date. (d) "Confirmatmn". die meanthg specified m Paragraph 3(I)) hereof (e) "Income". wtdi respect to any Security at any time ally pnnctpal thereof` then payable and ail interest dtvtdnnds or other dtstrdiuuons thereon. (0 "Margin Deficit" die meaning specified m Paragraph 4(1) hereof (g) "Masgm Excess". the trw;antog specified m Paragraph 4(b) hereof (It) "Market Value". wide ~ to rely Sucurlt~ as of any date the prtco for such Sucurmes on such dere obtained fi*om a generally recogmzed source to by the paM or the most mcont clnstsg bM qnetetm from such a source, pins accrued income to the extent not mclndnd dimem (other than coy Income crcdffnd to transferred to. or applied to the obfl.~n-~ts of. Seller pamnsnt to Paragraph S hereof) as of such date (unless c. onuary to mdrket prucuco for such Securities). (0 Puce Dtffet~nusl". with respect to Imy Transuctmn bereunder as of any date. die aggregate amount obtained by dedy appltcatmn of die Prmmg Rate for such Transaction to die Purchase Price for such TraMucnon on a 360 day per year basis for the actual number of days during the period commeucing on (and tocindin8) die Purchase Dune for such Transaction ned ending on (but excluding) the date of determmatton (reduced by any amount of such Puce Dlfferemml prevtously puM by Seller to Buyer with respect to such Transucunn) (J) #Pricing Pate* the per annum percentage rate for determlnstinn of die Pnce Differential (k) "Prime Pate" die prime rate of U S money center coinm~'ctsI banks as pubhsbed in The Wail Street Jnnrnal (I) #Purchase Date". the date on which Purchased Securtnns are transferred by Seller to Buyer (m) "Purchase Price' (0 on die Purchase Date the prk:e at which Purchased Securtoes arc transf`erred by Seller to Buyer and (il) thereafter such price Increased by die amount of any cash transferred by Buyer to Seller pursuant to Paragraph 4('o) hereof' and decreased by the amount of' any cash transferred by Seller to Buyer pursuant to Paragraph 4(a) hereof'or apphed to reduce Seller s obligations under clause (it) of' Paragraph 5 hereof AFF0150E 34 of 40 (ti) "Purchased Securtttes". the Securntas transferred by Seller to Buyer In a Transactmn hereunder, and any Securities substituted dterefor tn accordance with Paragraph 9 hereof The term "Purchased Securules' with msp~t to uy Trensnction at any tm~ also shall m~lnd¢ Addntunal Purchased ~.N;UrltleS d~ltverod pursuant to Paragraph 4(a) and shall encluda Securgles returned purSuant to Paragraph 4fo). (o) 'Repurchase Da~*. the a_a_!~ on which the selicr ts to repurchase the Purchased Securities form Buyer tueluding any dam d~tosmh.dd by applicanon of the provmmns of Paragraphs 3(c) or I I hereof. (p) *Repurchase Price*'. the price at which Purchased SecurttJts are to be transferred from Buyer to Seller upon rSrmthtuJon of a Trans~tinn which wdl be determmed m,~ach case (including Transactions temlmabic upon demand) as the sum of the Purchase Price and the Price Dtfferanunl as of the date of such demrmluatmn u~raaand by any amount determined by the appltcntmn of the provmmns of Paragraph I t hereof (q) 'Sellar*s Meram Amount** with resp~t to any Transectmu as of any date. the amount obtained by application of a percentage (winch may be equal to the percentage that Is agreed to as the Buyer s Mergm Amount under subparagraph (c) of this Paragraph). agreed to by Buyer and Seller prmr to entering mto the Tramacunn. to the Repurchase Price for such Traasnctton as of such date 3 Initiation. Conflrmatton~ Term~ntfon (a) An agraemant to enter mto a Transaction may be made orally or m writing at the mtuatton of slitter Buyer or Seller On the Purchase Date for IM Transnctmn. the Purchased SucUntleS shah be transferred to Buyer or ~ts agent against the transfer of the Purchsse Price to an ~:count of Seller fo) Upon agre~tog to enter atto a Tratmcuon hareunder BUyer or Seilar (or beth), as shell be agreed shall promptly deliver to tho ether pun~ n written conflmmtinn of nsch T~n (a 'ConFtrtmfion') The Confirmation shall dascrlbe the Purcha~d Securltias (tuclndmg CUSIP number if any). alentd*y Buyer and Seller and set forlh (t) th~ Purchasm Dm. (Ii) the PurCbsso Price. (ill) the Repurcha~ Date unless tho Transnctinn bt to be tennlmbfe o~ dmmnd. (iv) tim Pt~ing ~ or Repurchase ~ appiicabla to the Tramnctinn. and (v) any ndditinml mrna or condmom of ~ Trenas~on not thconsmtmu wuh this Agrmnoet Th~ Conflmuatun. tagtuhar with this Ag~tncm. ~hafl mmsutme conolnsiva evldanco of tbe toms agrml Betxvso~t BlWer and S~inr wMt t~l~not to ~ Tranca~on t~ which Ibc Cunflrmntmn ralates upt.~- with rnspect to tim ~t~m~mmtinn qatolfle objetMon bt nteda promptly after recetpt thernof In the evem of any conflict ~ dm ~ of ~ CoMlnmtinn and thru Agl~mtht this Agrcmmtm shall prcvad (¢) In tho ~sm ofTranm:tinnc an'mlmbin upon demand, such*demand shall be made by Buyer or Seller no later ~ _m_w_h~ thtto as bt ~lUMBety in *_~__~ with market practice by tndaphona or otherwm~ On or prior to tlmlMtetnt~dayettwhkfltsuchtmminMianwHIbeeffnctlve On tho date spnciBnd m such dmmmt orunthe data fixed for tetminntfoo in the case of Trunsasttom having n fixed term tennmanon of the Transucuun wdl ha affected by tnmfor to Seller or it's agent of dm Purctmsod Securmns and uny Income m respect thereof r~:eivnd by Buyer (and not prevtously crcdhad or tremferr~d to. or applied to the obilgtunns of Seller puranant to Paragraph $ berne0 against the tremfer of th~ Repurchase Pr~e to an account of Buyer d Mara~ Maintununce (a) If at any time tha aggregate lvinrket Value of all Purchas0d Securities subject to ail Transectmns In which a particular pat~ hereto IS ectmg as Buyer ts less than the aggregate Buyer s ]~argm Amount for all such Transecttons (a #l~argm Deficit*). then Buyer may by notice to Seller require Seller m such Transactions at Seilar's optmn, to transfer to Buyer rash or addntoual s~uritleS reasonably acceptable to Buyer ("Additional Purchased Snourntes**). so that the cash and aggregate Market Value of the Purchased Sec'urm~ mclndmg any such Additional Purchased Sanurttias. will thereupon equal or exceed such aggregate Buyer's Mm'gm Amount (decreased by the amount of any Margin Deficit as of sunh date artemg from any Tramacuom m which such Buyer m acting as Seller) fo) If at any tll~ the aggregate Market Vales of all Purch~?~rI_ Securluns subj.e~:_ t to all Trensmamm m which a particular ps~'y hereto m uctmg as Seller exceeds the, aggregate Seller s Margin Amount for ali such Transactions at such tune (a 'lvlasgm Bxcess*). then s~lJer may by unuce to Buyer reqtore Buyer in such Trunsacttons, at Buyer's option to transfer cash or Purchased Securntes to Seller so that the aggregate market Value of the Purchased Securities after dnducunn of any sUch cash or any Purchased Securities so transferred will thereupon not exceed such aggregate Seller's Margin Amount (increased by the amount of any Margin Excess as of such date from any Transactions in which such Seller is acting as Buyer) (c) Any cash transferred pursuant to thru paragraph shall be atUlbuted to such Transactmns as shall be agreed upon by Buyer and Seller (d) Seller and Buyer may agree with respect to any or ali Transactmns hereunder that the respective rlgh~ of Buyer or Seller (or both) under subparagraphs (a) and (b) of th*s Paragraph may be exercised only where a Msrgm Deficit or Margin Excess exceeds a specified dollar amount or a specified percentage of the Repurchase Prices for such Transactions (which amount or percentage shall be agreed to by Buyer and Seller prior to entering Into any such Transactions) AFF0150E 35 of 40 (e) Seller and Buyer may 2grec, with respect to any or all Transactions hereunder that the respecuve rights of Buyer and Seller under subparagraphs (a) and (b) of th~s hragraph to reqtore the elunmatton of a lviargm ]Defile or a Merged l~xcese, as the cas~ olay b~, may be cxerct~ whenever such a iViargm Deficit or lviarsm Encese exisu with respect to any stogie Trananctmn hereunder (calculated without regard to any other Transaction outstandm~ under this Agreement) Incoure lhi~qnmits Where · pamouhr Tranuctmn's term extends over an Income payment date on the Securities subjec{ to tha~ Transacrmn. Buyer shall, as the pamas may agree with respect to such Tranaacuon (or m the absence of' an)' agreement, as Buyer shall reasonably dmermme m lu diseretiou), on the date such Income is payable either (i) ~ranafer to or credit to the account of' Seller an amount equal to such Income payment or payments with respect to any Purchased Secunues subject to such Trenaachon or (it) apply the Income payment or paymenu to reduce the amount to be transferred to Buyer by Seller Upon termmatlou of the Trenaacuon Buyer shall not be obhp*-d to eke any action persum to the prncedmgIsentence to the extem that such action wouM result tn the creation of' Marem Deficit unlen prmr thereto or sunMmncousiy therewidt Seller ~raasfers to Buyer cash or Addtltonol Purchased Secunues sufficient to elunumte s,ch Merge Deficit Securer) Internat Although the parties totend that all Tranancuona haranoder be sales and purchases and not loans m the event any such Trancnctmna are deemed to be loans, Seller shad be deemed to have pledged to Buyer as security for ~he performance by Seller of. iu oblJpuona under each Trmuncuona, and shall be deemed to have granted to Buyer a security toterest m, ell of. the Purchased Secun~s wa the respect to ali Transactions hereunder and all proceeds thereof hyment and Tramrer Unleas ntharwlan tt~_ mts!~y a~rced, all t~,mufera of. funds hereunder shall be m immedm~ly evadable funds AIl Snclarttios ill-slurred by eom pasw hureto to the ndter it~ury (i) shall ha to sutteble form f.or wansfer or shall bo ~ by thdY executed bsamncms of transfer or mlpmem m blank and such other decumentettou aa tho M rncoivinj poseeasinn my rncsomtbfy request, (ii) shall ha transferrnd on the beok-entr/system of a Fedefld Reserve Bluth. nc (lid shall be transferred by any other method mutually acceptable to Seller and Buyer As used beceh with respect to Sncundes "transfer" ts ouended to have the same megrims as when used in Snctioe 8-313 of the Texas Bnainnas ~ Coml~lecco Code or where applicable m any federal re~uletinn govemmg wancfere of the Secuntms 8 Se~re~mioa of Pur~h*q,d Sncu __t~__ To the extent rnqufa*ed by applicable law, all Purchased Secuntie~ m the posseseton of Seller shall be segregated from other securities tn its possession and shall ha identified as subject to this Agreemem Segregation may be accomplished by approprtote identification on the books and w~ourds of the holder toclndmg a f'manctal totermedmry or a clcormg curporatton Tide to ali Purchased SecUfUleS shall pass to Buyer and unless otherwise agreed by Buyer and Seller, nothmg m this A~raement shall preclude Buyer fTom enpgmJt m repurchase transncttona with the Purchased Securities or otherwise pledging or hypothecatmg the ~ Secormes but no such transaction shall relieve Buyer of its obligations to u*ansfer Purchased Sncundes to Seller pursuant to Paragraphs 3, 4 or 1 i hereof, or of Buyer s obhptton to credit of pay Income to, or apply Income to the ohllpttons of, Seller pursuant to Paragraph 5 hereof Required Dleclnaure for Transactions In WMch the S~Ber Retains Cnatndy of the Purchased Sncu~ Seller is n~t permuted to snbstitote other securities or those to this Agreement and therefore must keep Buyer s secor ttes~gragated at all time unless m the AgreeF0em Buyer crania Seller the right to Mlbstitute other securities If Buyer St*ante the right to subsrcute this mear~ dtet Buyer s securities will hkely be commingled with Seller's own securities duties the tradtog day Buyer is advised that durmg any tradmg day that Buyer's securmes are commmgled with Seller*s securtoas, they wdl be subject m Ilena granted by Seller to its clanrmg hank and may be used by Seller for deliveries on odter securities tranaactionS 'Whenever the securities are commmgled Seller s ability to resegragate stthsti~te securities for Buyer wdl be subject to Seller s abthty to satisfy the clearing lien to o51,3111 substtulte securities AFFO150E 36 of 40 9 Substitut~m (a) Seller may, subJeCt to agreement with and acceptance by Buyer substitute other Securities for any Purchased Securities Such substimdun shah be made by transfer to Brayer of such other Securings and mmsfer m Seller of such Purchased Securinee Al~er subettmtmn, the subsumted Securities shall be deemed to be Purchased (b) In Trenus~uous m whtr~t the Seller retains custody of Purchased Securities the Paruus expressly agree dmt Buym* shall b~ d~, for puq~oses of subparegraph (a) of]this Paregreph to have agreed to and accepted m dda A~rsom~nt sohautotinn by Seller of other Securities for,purchased Secormes, prov~ed however that such olltar Sncuritles sbull have a Market Value at least equal to[the market Value of the Purchased Sncorittes for which they are subsusuted 10 Representations I~ech of Buyer and Seller repsesents and warrants to the Other that (0 it is duly authorized to execute and dalwer this Alireemant, to enter mto the Transectmns contempleted hereunder and te perform us obhp~ons hereunder and has taken all necussap/action to anthortze suCh executmn, delivery and performance (il') it will engage m sm:h Trensncuons as prtempal (or, if agreed m wrllmf m advance of any TranascUon by the odmr pat~ hereto, us agent for a disclosed principal), (dj) the person signing this Agreement On its b~talf ts duly authorized to do so on ns behalf (or on behalf of any such duclosed principal) (iv) ,* has obtained all authorizations of any governmental body requu, ed in cendecuon with thin A~reement and the Tran~ hereunder and such authorizations ar~ in biff force and {v) th~ executmn duiivury and performance of Agrnsmant and tim Transitions bermmdar will not vmtt. any law, ordinance, charier, by.law or rule applicable to it or any anr~mrmnt by which it ts bound or by which any of its assets are affected On the Purehaso Dato for any Trencncdun Buyer and Seller shall each be deemed m repeat all the foregou~ 11 ]~vents or Dehult In the ovent that (0 Sdler ~l_tl to retMnchue or Buyer falls to trmufer Purchased Secunuus ~ the apphcable ]bpurdum Dmo. (l~ Sdim' or Buyer fails, after mm buameSs day's nouce to comply wah Puragreph 4 hereof, 010 Buyer fails tm enatpty with Pen~reph S hereof. (tv) an Act of' Insolvency orcum w#h ruspact to biter or Bu~u*. (v) &M' reprmmatttioa madu by Seller or Buyer shah have been mcorrnct or untrue m any tuemrml reqma when umdo or sweated or deemed to have beno teadu or repomnd, or (vt) Seller or Buyer shall edma to tim other ha Imbiliq; to. or ha irtmndon not to, perform any of ns obhgaunos hereunder (each an of Dohult'). (e) At the option of tho mm dufou__mn~ ,[ party, exorcmed by wrtman annce to the defanltm8 party (whF. h opuon shall be deemed to have been eanrcued, even tf no nouce is given, muuedmaly upon the eccurrence of an Act of Insolvency), the Ii'purchase Dam for each Trep_~-___,~,o_ n bet~tmder shall be deemed unmadmmty to occur (b) In all TrausactmM m which the defaulting party ts ectmJ~ U Seller, if the non dufaubmg pan*y esorcmus or is deemed to have eanrcised the opuno referred to m subpareareph (a) of th*s paragreph (0 the defaulting party's obhptmns hereunder to repurchaso all Purchased Securi~.s m such Transecuens shall thereupon tm:omc tmmedmmly due and payable. (ti) to the extent pertained by applF, able law the Repurchase Price with respect to each such Treuencuon shall be increased by the aggrefptta amoum obtained by dady applEaUon of (x) the greater of the Pricing Rate for such TransocUen or the prune Rate to (y) the Repurchase Pr~2 for such Transocuofl as of the Repurchase Date as daermmed porsmmt to subparagraph (a) of th~s Panireph (decreased as of any day by (A) any amounts retained by the mm dehulung party with respect lo such Repurchase Price pur~ ,uMit to cleuee (itt') Of this subparagraph, (B) any prnceeds fTom the sate of Purch*__*,~_ Securulee pursuant to suoparagreph (dXO of this hragraph, and (C) any ~am...oUnts credited to the account of the duthuMnS pm3y pursuant to subparagraph (e) of this Paragraph) on a 360tduy per year basis for the actual number of days durmg the p~qnd from and including the date of the Bvmu of Default givmg nsc to such optmn to but excluding the dam of payment of the Repurchase Pnee as ~ increased (ut) ail Income paid after such exerecise or deemed exereise shall be retained by thc non defatQung party and apphnd to the aggregate unpaKI Repurchase Puces owed by thn defaulting party and (iv) t~e defauhmg party shall unmedletely dehver to the non defaultmg party any Purchased Securities subJeCt to such Treusacnons then m the defaulting party's possession (c) in all Transactions in which the defaultmg paw is acting ,as Buyer upon tender by the non deleuhmg parr/ of payment of the aggregate Repurchase Puces for all such Transactions the defaulting party s right tide and interest in all Purchased Securities subjpct to such Tra~qactmns shall be deemed ~ransferred to die non defaulung paw, and the defaubmg paay shall deliver all s#ch Purchased Securities M the non defanltmg party (d) After one business day s notice to the defaubmg party (which nonce need not be given tf au Act of insolvency shall have occurred and which may be ~he notice given un~Jer subparagraph (a) of* this paragraph or ~he notice referred to in clause (n) of thn first sentence or* this Paragraph) the nou defaulting party may AFFO150E 37 of 40 0) as ~o Transaguons m which lbo def&ullmg party is aclmB as Seller, (A) ~ly ~11 m a r~ogn~ ~rkot at s~h p~o or p~ ~ ~o ~n ~faul~ pa~ ~y ~mbly ~m ~s~, ~y or all ~ ~ ~ ~ ~r ~ owm~ by ~ ~ ~ h~r or ~) m ~ ~le d~n e~ h Im of~ ~1 or I ~ of~h ~ ~s m 8we ~e de~ul~g ~ c~ for s~h ~n~ ~ or ~ ~t ~t c~ bM q~n, ~m s~h a ~urce, a8amt ~ a8~8~ unpaM ~ ~ ~ ~ ~er a~ owing by ~ ~faultm8 ~ he~r, and (tt) u to T~m m whkh ~ ~ p~ ~ ~ ~ Buyer, (A) p~ ~u~ ("~t S~un~') of~ ~ g~ a~ ~t u ~y ~ ~r~ ~t a~ ~t ~llve~ by ~ ~ul~8 ~ m ~o non ~ul~g pa~ ~ ~us~ ~u~r or ~) m m ~le d~mn e~, m I~ of pu~mg ~p~m ~ m ~ ~ m ~ve ~ ~m ~ ~ ~ pr~ ~r on s~h ~, o~ ~m a ge~lly ~8n~ ~ or ~ ~ ~m cl~ b~:q~m~n ~m s~h a ~u~e (e) ~ m Tra~p~ m wh~ ~ ~hMmg ~ ~ ~g ~ Buyer ~e ~ul~g pa~ ~11 ~ I~ m ~e ~n defnul~g ~ (0 wi~ ~t m ~ ~ (~r ~ A~m~ ~ ~u~), ~r any execs of ~ p~e ~M (or ~ ~M) ~ ~e ~n ~ulmg ~ for ~e~nt ~ ~r over ~e Repu~ ~ ~r s~ ~ ~un~ ~ (u) w~ ~ m A~ ~ ~ur~, ~r ~ pine ~M (or ~ ~M) by ~ ~ ~1~ pa~ ~r ~ ~p~nt ~ · e~r ~ ~n, ~ ~hui~g ~ ~11 ~ labb~ m ~ ~n ~hul~ ~ for mm~ on s~ re~mmg IbbU~ w~ ~ m ~ ~ ~ (or ~ ~) of ~p~e~nt ~ur~s ~ ~ ~ of s~ ~ (or ~ ~) ~ ~M ~ ~1 ~ ~yer S~b ~ ~11 ~ a ~ ~ml (~ ~r ~ of ~b ~ 11, ~ ~ ~ ~r ~h T~n homer m ~s~t of whmh T~ ~ ~ of ~ ~ ~ ~ ~ or ~ o~ by ~ ~n ~hul~g ~ of ~u ~ ~ ~ ~ ~ I~b m ~ ~ ~ ~ ~r ~ ~of MI ~b b~l or o~r ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ or ~ a ~of m Eyre of ~hult ~ ~ m ~ m a ~ ~ m ~ ~r ~ ~ ~hg ~m ~r ~ ~v~t Tn~ or ~ ~ ~ ~ or ~l~b hw x2 s~ ~t ~uyor ~ ~r~w~o ~, ~ ~ve enm~ he~ ~d will en~r mm ~c~ T~n he~r com~ ~ m ~l~ ~ ~e ~ ~t MI T~c~m he~r comum~ a s~le b~ and ~n~ml ~ ~ ~ve ~ ~e m common of ~ o~er ~cord~ly, ~h of Buyer a~ Sel~r ag~ (~m ~ all of Im obli~m m ~t of ~ch T~ctmn hereu~er and ~t a de~ult m ~e ~o~ of ~y ~hga~m s~ll ~m~mm a de~ult by it m res~ of all Tr~tlom her~der (d) ~t ~ch of ~m ~11 ~ ~u~ m ~t off c~ aM apply pm~ held by ~em m ~t of ~y T~uon aiamt obh~m owing m ~ m ~t o~ ~y ~c~n against obhga~ owing m ~om m r~t of ~y ~er T~tmm ~r ~ (m) ~al ~y~n~ dehvenes ~ ~r ~ ~ by o~er of ~m m ~ of ~y T~ s~ll ~ d~ m ~ve ~de m ~Me~n of ~n~, delwenes a~ o~er ~m~n ~ ~t~ o~r T~m he~er ~ ~e obhp~p~ m ~e ~y such ~y~nu, ~hve~ ~ ~er ~n ~y ~ appl~ apmt ~ o~er ~ ~ 13 No~~d~r~ Co~ Unless a a~ss ~ s~F~ m wr~ by ~e ~uve pa~ m whom ~y nouce or o~er m writing and dehve~ at ~e ~s~uve ~s ~t ~ m ~x ~ a~chM ~rem 14 Entre A~ment, Seve~b~ ~ls Agree~nt shall su~e any exa~g agr~n~ ~een ~e pan,es containing general terms and cond~tmns for ~pu~ha~ tra~tmns ~h pmv~smn and ag~mgnt helm shall ~ ~amd as separate and Inde~ndent ~om any o~er provision or ag~ement he~ln and shall ~ enforceable notw]~s~ndmg ~e unentorceabdtW of any s~h o~er provssmn or agreement AFF0150E 38 et 40 Nou-asslgnabiJlt~, Termination The rights and obhgatlons of the parties under this Agreemem and under any Transaction shall not be assigned by either parp/wffhout the prior wrlnen consent of the oiler party Subject to the foregoing, this Agreement and any Trsnasctmns shall be binding upon and shall tnsura to the benefit of the pa·les and their respective successors and asslgm This Agreement may be canceled by either party upon giving wFitten notice to the other exceM that this Agreement shall, notwlthsundmg such notice remain apphcable to any Tfansecttons then unutundle8 16 GoveruinI Law This Ans*eament slmll be noverned bv the hws of the State oF Texas wi,h,.., nivinn ,*fY,~-* to the of hw urJnethbs thereof. Venue of any I#laurhn hvolvinn the ,t. nr~_-*--,., mu~(t b~ mnh. Jsln~ ~ County. Texas. to the exclusion or 4 ¢*{h(~r y~nttm~z 17 NO Waivers, etc No express or unpiled waiver of any Event of Default by either parP/shall const~tete · waiver of any other Event of Default and no exereue of any remedy hereunder by any pa~ shall constitute a w·tver of h Fight to exercue any other remedy hereunder No modtflcatmn or waiver of' any provision of this Agreement and no consent by any part,/to · daparmre berefrom shall be effecuve unless and un(fl such shall be tn wn~.* and duly executed by both of the pames hereto Without lun~tmn un any oF the foregoing the fadure to stye · unt~ce pursuant to subparanrsphs 4(a) or 4(b) hereof will not conannsto a waiver of any right to do so at · tater 18 Use of Kmpinyee Plan Assets (a) If assets of an employee benefit plan subject to any provisJ0n of the Employee Reurement Income Security Act of 19'/4 ("ERISA') are ~ to be used by emier party hereto (the "Plan Puny") tn a transecnen the Plan ParP/shall an no(Jfy the other pafly prior to the TreasectiOn The Plun Party thall represent m wrtflf~ to the other party that tho Transaction does tut cop,*~,*- · prohtbknd tranuctiou under ERISA or u otherwise exempt thenJftom, md tho other Imtty mm/prececd m relumce dtereon bm shall mx be required so to p _ro,~___ (b) Sutlja:t to tlto bat sa·mice of mbparquph (·) of this Parqraph any such Tremectmn th·Il pr~___-~_ ouly if Sebr fdrnbbes or bas flmdshnd to Bm/er ks most recent available anditod statement of ks fluancud cundmou and ks most recent nehaequant unaudited statement of ~s flnancisi condtUon (c) By mtmrfo~ imm · Tt.~ pursuant to this Pasafreplt. Seller shall be deemed (i) to represent to Buyer that since the dato of Seller's latin such flnanctel stature·ute dUE has been no materul adverse change tn Seller's I fluanchl condklou whF.,h Seller has not disclosed to Buyer and (u) to ague to provide Buyer wnh future audited and unaudited stet·menu of its fi·uncial condition as they are issued so Ioug~ ns it ts a Seller tn any outstundmg T~n revolving · Plen Paw,/ 19 Intent (a) The parties reungntze that each Transectton is · 'repurchase agreement" as that term is der'mid tn Section 10t of Tide t I of the Unned States Code, as amended (except insurer as the t~pa of Secortnes subJect to such Transecttun or the Man of such Transaouun would render such definition mapphcable), and · "secortoes contract" as that term is defined in Secuon 741 of Tide 11 of the United Stems Code as amended Co) It is understood that either party*s right to hquldato Secoriues delivered to it tn connection with Trsnsaouons hereundaF or to exere=e any odur remedies pursuant to Paragraph 11 hereof, is · contractual Fight to IKlUMato such Transactmn as deseFibod in Sectmns 555 and $59 of' Tale l I of the Unned States Code ns ammdad 20 Disclosure italy,S to Certain Federal Protectious The part,es acknowledge that they have been advund that (a) tn the case oF Transactions tn which one of the pafltes ts n broker or dealer regtstcrnd with the Securities and Exchange ¢omrmsston ("SEC") under Section 15 of the Securities Exchange Act of 1934 ("1934 Act") the Securities investor Protecuou Corporstmn has taken the pOsiuon dmt the provmtons of the SecUFitteS Investor Protection Act of 1~70 ("SIPA") do not protect the other party with respect to any Transaction hereunder Co) tn the case of Transactions in which one of the parties iS a government secuntl~S broker or · government securities dealer registered with the SEC under Section 15C of the 1934 Act SIP^ will not provide protection to the other party with respect to any Transaction hereunder and AFFOtSOE 39 of 40 (c) tn the case of Trsnsncuons tn whtch one of the pames ts a Fmancal Insutuuon fonds held by the t'maneutl msUmUOn pursuant to a Treusacuon hereunder are not a depostt and therefore are not insured by the Federal Deposit Insurance Corporation Bank City of D~nton Date Da~e An-ex I The llems lis~ed below are agreed by Buyer and ~eller as mxcept,ous or resmcuous to ~us Mas~er Repurchase Ag~meui da~ed By aaknowi~}{m{ ~be below ,Ictus, ~he listed mlems become provmom of lh~s agre~mem ami ase subjecl to ~he {mdelmes of ~be precedm{ docuu~m BY 215 E~ Denton. 940-349.82~4 By Bank AFFO150E 40 ol 40 INVESTMENT POLICY EXHIBIT "C" LIST OF PRIMARY GOVERNMENT SECURITIES DEALERS REPORTING TO THE MARKET REPORTS DMSION OF THE FEDERAL RESERVE BANK OF NEW YORK Aubmy O Langston & Co, Inc Bank of America NT & SA Barclays de Zoete Wedd Securities Inc Bear, Stems & Co, lnc BT Securities Co~oratmn Chenucal SecuritieS, Inc Citicorp Securities, lnc CS Fu~st Boston Corporation Daiwa Securities America luc Dean Wtttcr Reynolds Inc Deutsche Bank Securities Corporation Ddlon, Read & Co, Inc Donaldson, Lufkin & Jenrette Secmut~cs Corporation Bastbr~dge Capital, Inc F~rst Clucago Capital Markets, Inc Fuji Securities Inc Goldman, Sachs & Co Greenwich Capital Markets, Inc HSBC Secuntmcs, Inc Lehman Government Securities, Inc Memll Lynch Government Securities, ln¢ J P Morgan Securities, Inc Morgan Stanley & Co, Inc NatlonsBanc Capital Markcts,lnc Ncab~tt Burns S~unttes, Inc The Nd&o SccunUes Co International, Nomura Seounties International, lnc Paine Webber. Pmdentod Secunue~, lnc Sanwa Secun~es Co,, L P Snuth Barney, lnc SBC Capital Markets, UBS Secun~es, lnc Yama~ch~ International (America), Inc Zions F~rst Na~ona~ Bank NOTE This list [ms been compiled and made available for statistical purposes only and has no significance vath respect to other relattonslups between dealers and thc Federal Reserve Bank of New York Quahfications for thc reporting hst is basect on the achievement and maintenance of reasonable standards of activity as outlined in the Federal Reserve Bank of New York's memorandum of January 22, 1992 Source Market Reports Division Federal Reserve Bank of New York July 27, 1995 0017 doc INVESTMENT POLICY GLOSSARY Glossary Accrued Interest - In the sale of a new tssue of municipal bonds, the dollar amount, based on the stated rate or rates of interest, which has accrued on the bonds from the dated date, or other stated date, up to but not including thc date of dehvery When a bond is purchased m the secondary market, the dollar smount, based upon the stated rate of interest, wluch has accrued on the bond from the most recent interest payment date, up to but not including the date of set~lement Accrued interest is paid to the seller by the porchaser and is usually calculated on a 360-day-year bssts (assumes each month has 30 days) Agencies - Federal agency securities Arbitrage - Generally, transac~ons by wluch securities are bought and sold In different markets at the same roue for the sake of the profit arising from a difference m prices m the two markets With respect to thc issuance o£mumctpal bonds, arbt~rage usually refers to ~be chfference between the mterast prod on the bonds issued and the interest awned by investing the bond proceeds m other securities Arb~U'age profits are permitted on bond proceeds for venous temporary periods after issuance of municipal bonds Internal Revenue Serwce regula~ons govern arbflrago of mumclpal bond proceeds Asked- Tl~ price at winch secunues ere offered Bankers' Acc~ptem~ (BA) - A draft or bill or exchange accepted by a bank or trust company The accepting mst~tu~on guarantees lmymunt of the bill, as well ss the tssuer Bearer Boml- Bond wtuch ts presumed to be owned by the person who holds it The Tax Equity and Ftscal Respouslbfl~ty Act of 1982 requn-es the issuance of municipal bonds m fully registered form, vath minor exceptions Bid - The price offered by a buyer of securities (When you are selling securities, you ask for a bid) Book Value - The ongmal acqmsl~on cost of an mvcstrnent plus or minus thc accrued amortization or accretloll Broker - A broker brings buyers and sellers together for a commission Capital Appreciation Bond- Long-term tax exempt security sold at a large discount Yield Is reinvested at a stated rate until ~atunty at which t~me the investor recetves total payment Latter represents both pnnclpal and interest-- Ceraflcate of Deposit (CD) - A tune deposit vath a specific maturity ewdenccd by a certificate Large denommatton CD's are typically negotiable Collateral - Securities, ewdance of deposit or other p~perty which a borrower pledges to secure repayment of a loan Also refers to securities pledged by a bank to secure deposits of pubhc momes Commercial Paper (tax-exempt) - Short-term, unsecured promissory notes lssucd in either registered or bearer form, and usually backed by a hne of credit w~th a bank Maturities do not exceed 270 days and generally average 30 - 45 days Page 2 of 6 Compreh~s~ Annual Fi~o~4~l Report (C~4FR) - ~e official ~1 ~ for ~e C~W of ~nton It ~ncludes five ~bm~ ~ f~ ~ch ~nd~d~l ~d ~d accost ~oup pr~d m confo~ with G~ It aim mol~ su~n$ schedules n~es~ to d~o=~te comph~ce related to io~l ~d ~1 ~ston, ext~tve m=~ ~al, ~d a Section Cou~ - (a) ~ ~1 ~ of retest ~t a ~nd's l~u~ ~s~ ~nd's face v~ue ~) A cemfica~ a~ched to a ~nd e~d~cmg mt~t due on a parrot ~ Current ~ld- ~e ~o of ~ ~1 doll~ mo~t of ~nt~st a pe~ge For e~ple, a $1,~ ~nd p~ at ~ ~& ~ 8% ~u~n pays $80 ~ y~, ~ a o~t ~eld of 8% ~ ~e ~nd. ~f p~ at a d~o~d ~eld of 10% D~ed D~e - ~e ~ of a ~nd ~ssue, ~ ~ ~h ~ ~m w~oh m~a ~lly ~ to ac~e, even ~ou~ ~e ~n~ ~y ~ly ~ ~h~ at rome la~ De~r- A deal~, ~ ~ m a ~, ~ ~ a ~o~ m ~1 ~o~, ~n~ ~d ~llm~ for ~s o~ ~o~t. ~b~- A ~ ~ ~y ~ ~ ~ ~t of D~I~ ~ - ~ ~ ~h ~ ~ ~ ph~o~ly ~h~ m exc~ge f~ ~e ~t of ~e p~ ~ ~ ~ of~ ~s ~e ~e ~ ~ Dell~r ~em~ ~e~ - ~ ~ ~o me~ of ~hv~ of ~es dellv~ v~ ~t ~d dehve~ v~ ~e~pt ~h~ v~ pa~t ~s deh~ of ~es ~ ~ exe~e of mon~ for · e ~c~es ~llve~ v~ ~pt IS ~llv~ of ~c~es ~& ~ ~h~ of a sl~ed ~e~pt for the s~es Dhcou~ - ~e &ff~m~e ~ &e c~t ~oe of a s~ ~d face value A ~o~W ~llmg ~low on~l off~g price sho~ly afi~ ~le al~ ~s c~d to ~ a a d~sco~t Ducou~t S~cu~ - Non-m~t ~g money m~t ~m~ ~t ~ ~u~ a &~t ~d red~m~ at ~W for ~l ~ce ~, · g U S T~ B~lls Dtve~ca~o~ - D~dmg mves~t ~ds ~g a vane~ of s~ offmng md~dmt ~s Feder~ Credit ~e~ctes - Agmc~ of the Fe~l gov~t ~t up to supply cr~t to ~o~ closes of ~ns~hons ~d md~d~s, · g, S & L's s~ll b~m~ f~, smd~, f~s, f~ coo~ves, and ex~em FeStal De~slt Iasu~ace Cor~ora~oa (FDIC) - A f~l ag~cy that ~s b~ d~os~ c~tly up to $100,000 p~ d~osst Feder~ Fun~ Rate - ~e rote of retest at which f~eml f~ am ffaded ~s rate ~s c~tly ~gged by the Fed~al Rede ~ugh o~n-market op~hons Page 3 of 6 Federal itom~ ~ ~ (FHI~) - The mst~tut~ons ~hat regulate ~d lend m ~n~ ~d 1o~ a~m~ ~ F~ H~ ~ B~ play a role ~logo~ to ~at played by ~ F~I R~e B~ ~s~-~s ~ ~ml b~ Fede~ N~nM Mo~e ~n (FN~) - ~ h~ G~ w~ c~ ~d~ ~ F~! Na~o~l M~ge ~ta~on Act m 1938 ~ ts a fo~ c~on w~ng ~ &e a~tces of &e ~t of Ho~mg ~d U~ ~velo~t ~) It ts &e I~st single pm~ of ~s~den~al mo~ ~ m ~ Um~ Sm~s F~te ~e, ~ ~ c~m~on ts ~i!~ ~s a ~te s~ol~ o~ ~on ~ ~Uon's ~s ~clude a ~eW of adj~le m~g~ ~d s~ond ~dely ~d ~ ~ ~ ~ ~t ~1 ~ hold~ ~11 ~etve ~ely ~t of pnnm~l ~d in.st Fe~ 0~ ~d five of B~ ~s a ~t m~, w~le ~ o~ ~st~ ~ on a mm~ b~s ~ C~t~e ~tcally m~ m ~ F~ ~ ~t~lm~ ~g p~ ~d ~1~ of ~v~t S~l~ ~ ~ ~ ~ a ~ of ~c~ ~e ~l~e of~ ~t ~d mon~ F~ ~ ~ - ~ ~ ~ of ~ Um~ S~ c~ ~ Co~ ~ ~ of a ~ ~ ~ Y~ - A ~1~ ~ w~oh ~ ~l~ ~e f~ ~al ~g, bud~g, ~d ~o~ At ~ ~ of~ fi~ y~, ~ ~t~ ~d ~ of ~o~ ~ ~fi~med vol~e ofb~ ~tt ~ by G~ ~d tssued by m~ge b~, co~ctal b~, ~gs ~d 1o~ U S Gov~mt G~e ~ s~es ~ ~ck~ by &e ~, VA or ~ mo~g~ ~e te~ "pass ~oug~" Is Inter~t - Co~on f~ ~e ~ of ~w~ mon~, ~e~ly ex~essed as ~ ~1 ~mge of · e p~t~l ~t Liqui~- Us~lly mf~ m ~ ab~hW ~ ~v~ ~ (~h ~ ~n~m~) mm c~h Mar~t sec~ ~ quo~d by a ~co~ ~ ~cmg ~e q~ on ~ ~l~on ~te M~ter R~u~h~e A~em~- A ~ con~t ~v~g all ~ ~o~ ~ ~e ~es ' A to repu~ - ~v~ ~p~ a~ ~t ~mbhshes each p~ s n~ m ~e ~ctto~ mast~ a~mt ~11 o~ ~t~, ~g o&~ ~gs, ~ right of ~e buy~-lmd~ to hqut~ the underlying ~c~es m t~ evmt of default by &e ~ll~-~w~ Maturi~ - ~e ~te u~n whtch ~e pnncl~l of a m~tcipal ~nd becomes due ~d payable to the bondholder Money Mar~t - ~e m~k~ m whzch sho~-te~ debt tns~ents ~llls, co~ctal paper, b~kers' acccp~ces, e~ ) ~ t~u~ ~d ~ded Page 4 of 6 ~Note~- A w~.. ttan, short.tat'm pm?uso of the ~ssoer to repayI a spec~flad prmctpal amount on a certain date, mgemer yam mtarest at a stated rata. or according to a formula for detarmmmg that rate. payable fi.om a defined ,otu~e of antiolpatad revenue Notas usually mature m less than five years Offer - The preen asked by a seller of seennties (When you are buying securities, you ask for an offer ) Open Marlutt O~radons - Pu~hasos and sales of govenunent end certain other securities m the open market by the New York Federal Reserve Bank as directed by the FOMC m order to influence the volmne of money and ore&t m the economy Porehases mje~t respa'yes m the bank system end stunulata ~rowth of money and credit, sales have the opposita effect Op~ market operations are the Federal Rosorve's most important and most flexible monetary policy tool Original Issue Discount - An amount which ~3~-nts ~e chfference by which par value exceeds the public offorvag pace of a new issue or pa~t of an issue of municipal bonds Original issue discount la amortized over the life of the bonds end ~s generally tr~ .~d as tax-exempt interest When the investor sells the ,bonds before maturity, any profit or loss renl~u~l on such sale is figured on the adJUSted cost basis for tax purposes The adjustod cost basis ia calculstzd for eanh year the bonds are outstanding by adding the azoretiun value to the original offenng pace The aecr~on value ia detsrmmed by the rules and regula~uns of lhz Internal Rzvunue ~'w~e Selling tl~ bonds at a lmos m excess of the adJUred cost bas~s would r~ult m a taxabl~ s~un for lt~ seller, wlale a Selling l~¢e below that level would be treated as a lose f~ m~m~ ~x proposes Par YM~W - In ~ho ~ ofbo~ds, the amount of principal which must be p~ld at maturity Par value is also refe~ed ~o as fl~ faue an~ount of a seennty Pooled lruml Ofccp - An mtomally crentad fund of an mve~ng entity m which one or more institutional accounts of the mvectmg ~tity are mvestad Portfolio - Collection of securities held by an investor Premiun~ - The amount by which the price paid for a security exceeds par value, generally representing the difference between the nominal interest rate and the actmil or effective return to the mvastor Primary De, a/er - A group of government sceurtt~es dealer~ who subnut daily reportz of market uctiwty and positrons and monthly financial statements to the Federal Reserve Bank of New York and are subject to its informal oversight Primary dealers include SeCurities and Exchange Comnusslun (SEC) - registered secuntias bmker-dealors, banks, and a few unregulated firms Primary Market - Tge market for new issues of mumcipal zecunties Pnncipal - The face amount or par value of a bond or lssuo of bonds payable on stated dates of maturity Prudent Person Rule - An investment standard In some states the law reqmres that a fiduciary, such as a trustee, may invest money only in a list of securities selected by the custody state--the so-called legal list In other states the trustee may invest in a security if:it is one which would be bought by a prudent person of discretion and intelligence who is soelong a reasonable income and preservation of capital Pa~e 5 of 6 {~ua/i//~ Pub//c Depos/~or/~ - A fi~cml ~Uon ~h~ch d~ not cla~ ex~paon ~om the pa~t of ~y ~ ~ com~ang ~ ~ ad ~lo~m ~cs ~ thc laws of ~ts ~, h~ sc~ga~ for ~z ~zfit of ~ cool.ion eh~blc coital ~ng a value of not less ~ t~ m~m~ habth~ ~d w~ch ~ ~n a~ved by ~e ~bhc D~sxt ~o~cHon Co~tsmon ~ hold pubhc d~m~ ~ual~ R~p~nt~w - A P~n who hol~ a ~si~on ~ a b~ne~ o~on, who ~s au~o~d~ to act on ~lf of ~e b~me~ ~on, ~d who ~s one of ~e follo~g (a) for a b~mess org~aon doing bmm~ ~t ~s ~la~d by or re~st~ ~& a s~es ~ssion, a ~on who ~s ~s~ ~der &e roles of ~e Naao~l ~s~maon of S~es ~1~, ~) for a m~ or f~l ~ a ~ ~ or a s~ or f~l ~&t ~t~ a m~ of &e 1~ co~t~ f~ ~ ~ or ~ch of ~ ~ or a ~n au&on~ by c~ ~mlu~on m ~t on ~lf of ~ brad ~ ~g ~mtmn, or (c) for ~ mves~ent ~1, ~ ~ au~ by &e elec~ offic~ ~ ~ ~ au&~W m a~s~ &e ~ of &e ingsoft ~1 m s~ &e ~ ms~t ~ ~f of ~ mv~t ~1 R~ of ~ - ~ ~eld ob~ble ~ a ~W ~ on t~ p~ ~ or ~ c~t ~ket ~ ~ ~y ~ ~ ~ ~ld M ~ ~ a ~M ~ c~t income ~ issue, but g~ly ~1~ ~o~, ~bt b~[ ~o~c ~, ~c~, ~d ~t s~c~ ~e mf~hon Is e~ ~d ~e ms~ m ~t~ a le~ mang w~ch ~fl~ ~c crcdl~ness of ~e ~n~ ~c ~gh~ ~ ~edlt ~g, ~e more fav~blc ~e eff~t on ~e m~ke~blh~ of ~e ~nd Repurch~e ~ement - A s~ul~eo~ a~t to bu~, hold for a s~ctficd ~me, ~d ~11 back at a ~e ~ obhga~ons ~s~d by Sec~ 2256 ~9(a~l[), at a ~t val~ at ~c ~c ~c ~ ~ dtsb~sedlofnot less ~ ~e ~cipal mo~t of ~e ~ ~sb~ ~e t~ mclud~ a ~ ~ rep~c~ a~m~t ~d a ~ ~ ~ a~t Safekeep~g - A s~ce ~ c~m~s ~ by ~ f~ a f~ wh~by s~es ~d ~l~bles of all ~es ~d de~pa~ ~e held m ~ b~'s ~ul~ f~ ~aon Seconda~ Mar~ - A ~ket ~de for ~e p~ ~d ~le of ou~dmg issues follo~ng ~c ml~al dls~bua~ Sec~ gffd ~chaffge Com~sIoff or S~C- ~c f~l ag~cy rcs~nslblc for s~p~slng ~d ~gulaan~ ~e sec~es md~ Gen~lly, m~lctpal seO~es ~ exempt ~m ~e SEC's re~s~on and ~p0~ng ~u~ts Howev~, thc SEC ~s ~nstblll~ f~ ~e appro~l of Municipal Sec~es Rule~ng Bo~d roles, ~d ~s j~sdlcaon, p~s~t to SEC Rule i0b-5, o~ ~ud m thc sale ofm~lclpal s~un~cs Page 6 of 6 Securl(~ - C~neraily, evidence of debt or equity in a common enterprise in which a person invests m the other term includes notes, stocks, bonds, debentures, mortgages, and expectation of earning raceme The forms of negotiable and non-negotiable ewdenees of indebtedness or ownerslup Unless exempted, as are municipal bonds, securities Iransact~ons are subject to federal and state regulation Separately Invested,4ssat - An account or fund of a state agency or local government that ts not invested tn a pooled fund group Treasury Securities - Debt obligations of the United States Government sold by the Treasury Department in the forms of bills, notes, and bonds Bills - Short-term obhgat~ons which mature in one year or less, and are sold at a d~scount In lieu of paying periodic interest Notes - Interest beanng obhgut~ous which mature between one year and 10 years Bo#ds - Interest beanng long-term obh/at~ons which generally mature tn 10 years or more HeM Curve - A ~raph wluch plots the lnelds on securities vnth eqmvalent quality but chfferent matun~eS, at a givon point m tune The vemoal axis rel~'es~,mts the interest rates, while the horizontal axis deMots th~ years to matunty The term struetuee of interest rates, as reflected by the yield curve, w~ll vary according to market condmons, resulting m a variety of y~cld cra'va cunfigurat~ons Non#M o~' ~ lqe/d C~rve - Indicates that short-term sccunt~es have a lower mtercst rate than long-t~m securities Inverted or Negm~ve yield Curve - Reflects the situation of short-term rates exceeding long-term rates Flat Yield Curve - Reflects the situatmn wben short and long-term rates are the same Humpback Yield Curve - An unusual shape, indicating that rates arc r~smg tn thc early years, pealong m thc middle years end deelmlng m later years Y~eld to Maturity - Thc rate of return to thc investor earned from payments of principal and interest, voth interest compounded semiannually and assuming that interest paid is reinvested at thc same rate Yield to maturity takes into a~ount thc t~me value of the mvcstment Zero Coupon ]~o#d - A bond which pays no interest, but ts issued at a deep d~scount ~om par, appreciating to Its full value at maturity AOENDA INFORMATION SHEET 0ato_ AGENDA DATE: December lq, 2000 DEPARTMENT' Finance/Treasury CM/DCM/ACM' Kathy DuBose, Assistant City Manager Fiscal Management and Mumcipal Services ~ SUBJECT: Consider approval of the Fiscal Year 1999-2000 Annual Investment Report in accordance with the Public Funds Investment Aet BACKGROUND: The City Investment Policy (408 04) states that the Director of Fiscal Operations shall present a comprehensive annual report to the City Council on the investment program and investment activity The annual report shall provide a separate quarterly comparison of returns and suggestions for improvements that might be made in the investment program RECiOMMENDATION: Staff recommends that the City Council approve the Fiscal Year 1999-2000 Annual Investment Report The r~port is in compliance with the Public Funds Investment Act and City Investment Policy (408 04) PRIOR&CTION/REVIEW (Council. Boards. ~ommlslon'}. The Annual Investment Report was presented to the Investment Commltte~ on Thursday, October 26, 2000 All committee members voted for approval and recommended the report be submitted to the City Council for review (5-0) Respectfully submitted Diana Ortlz Director of Fiscal Operations Prepared by Cash & Debt Adrmmstrator AGENDA DATE: December/~ 2000 DEPARTMENT Planning Department CM/DCM/ACM: Dave Hill, 349-8314 SUBJECT - SP-00-016 (Mtller of Denton) Consider approving a ProJect Plan for 4 25 acres located on the west side of the 1-35W North Frontage Road north of Airport Road Road An office/warehouse distribution center of approximately 52,800 square feet with associated site improvements is proposed BACKGROUND The subject property IS located in a Light Industrial (LO zoning district (See Attachment 2) The site is designated in The Denton Plan as Indusmal Center and Developed Ares of Floodplain Staff finds the proposed development to be consistent with The Denton Plan (See Attachment 3) PRIOR ACTION/REVIEW The following is a chronology of SP-00-016, commonly known Miller of Denton Application Date - November 6, 2000 DRC Date(s) - November 16, 2000 ESTIMATED PROJECT SCHEDULE The subject property is in process of being final platted FISCAL INFORMATION Development of this property will increase the assessed value of the city and county It will reqmre no short-tom public improvements that are the responsibility of the city STAFF RECOMMENDATIONS The proposed project plan meets all the minimum reqmrements of a project plan Staff recommends approval OPTIONS 1 Approve as submitted 2 Approve wath ¢oncht~ons 3 Deny 4 Postpone ¢onslderatmn 5 Table item ATTACHMENTS 1 Project Plan Zoning Map 3 Land Use Map R~/ly submitted Dopgla~ S Powell, AICP Director of Planning and Development Prepared by Assistant Director of Planning and Development ATTACHMENT 1 IJll Iii I'll hJi iii Jl~J!ji ijJJj!j lj I SYD LITTEKEN - DESIGN CONCEPTS ^ ,~, ,.m.I~. · *m~. ,~ MILLER of DENTON ATTHMENT 2 ~ MILLER OF DENTON NORTH MF-2 ZONING MAP Scale None ATTHMENT 3 .~ MILLER OF DENTON NORTH I I LAND USE MAP Scale None RESOLUTION NO A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING A PROJECT PLAN FOR 4 25 ACRES LOCATED ON THE WEST SIDE OF THE 1-35W NORTH FRONTAGE ROAD NORTH OF AIR2)ORT ROAD FOR AN OFFICE/WAREHOUSE DISTRIBUTION CENTER, AND PROVIDING FOR AN EFFECTIVE DATE (SP-00~016, MILLER OF DENTON WHEREAS, on March 2, 2000 the C~ty Council adopted Or&nance No 2000-069 winch estabhshed certmn nonres~dentml ~ntenm regulattons (the "Nonres~dennal Interim Regulatmns"), and WHEREAS, the Nonres~dentual Interim Regulatmns estabhshed, among other tinngs, a project plan reqmrement, and WI-IEREAS, the owner of an approximate 4 25 acre tract of land zoned hght industrial has made an apphcatmn for approval of a project plan under the Nonresidential Interim Regulattons, and WHEREAS, the City Council finds that the Project Plan, w~th the condttmns ~mposed hereto, ff any, meets the reqmrements of the Non-Res~dennal Interim Regulatmns, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 The Project Plan winch ~s attached hereto and made a part hereof by reference, ~s hereby approved SECTION 2 Tins resolution shall become effective ~mmeduately fi:om and after ~ts approval PASSED AND APPROVED tins the day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY / ~ ~' ~ , I SYD LITTEKEN - DESIGN CONCEPTS MILER of DENTON ,I ~1 rrrrrl-ri-n rl-rll'ltlTl~ I! S \Our Docum,nts\BlckerstaffAgenda Info Sheet doc ^genda NO_ Agendaltem AGENDA INFORMATION SHEET AGENDA DATE December 19, 2000 DEPARTMENT Legal Department CM/DCM/ACM Herb Prouty, C~ty Attorney SUBJECT. Approve a Professional Services Agreement between the City of Denton and B~ckerstaff, Heath, Srmley, Pollan, Kever & McDanlel, L L P for the preparatmn of a redmtrmt~ng plan for Denton based upon the 2000 Census and as d~rected by thc C~ty Attorney Profesmonal Lmbfl~ty protectmn is attached OPTIONS: Approve a Professional Servmes Agreement w~th B~ckerstaff, Heath, Stanley, Pollan, Kever & McDamel, L L P, modify the terms of the proposed agreement, do not approve the agreement PRIOR ACTIONfREVIEW (Council, Boards, Comm~ssmns)' Thru ~tem was dmcussed ~n the October 24, 2000 work sessmn Council d~rectcd staff to bring back a proposed contract FISCAL INFORMATION. Legal fees for redistricting have been budgeted ~n the amount of $25,000 00 No legal work wbach would result m fees m excess of thru amount would be authorized of the firm unless the C~ty authorizes an add~tmnal budget, should ~t be determined that add]tmnal servmes of the firm are reqmred ~n thru matter Respectfully submitted, Herb Prouty C~ty Attorney S \Our DoaumentskOrdmances\00\Bmkerstaff, Heath etal Ordinance doc ORDINANCE NO AN ORDINANCE AUTHORIZING THE CITY MANAGER TO APPROVE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON AND THE LAW FIRM OF BICKERSTAFF, HEATH, SMILEY, POLLAN, KEVER & MCDANIEL, L LP FOR REDISTRICTING SERVICES, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the City Manager is hereby authorized to execute an Agreement for Professional Legal Servmes with the Law Offices of Blckerstaff, Heath, Smlley, Pollan, Kever & McDamel, L L P for redmtnctmg services, a copy of which Agreement is attached hereto and incorporated herein SECTION 2 That the expenditure of funds as provided in the attached Agreement is hereby authorized SECTION 3 That this ordinance shall become effective immediately upon ~ts passage and approval PASSED AND APPROVED this the day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY PROFESSIONAL SERVICES AGREEMENT FOR LEGAL SERVICES STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT ~s made and entered ~nto as of the day of , 2000, by and between the C~ty of Denton, Texas, a Texas mummpal corporatmn, w~th ~ts prmmpal office at 215 East McKxnney Street, Denton, Denton County, Texas 76201, hereinafter called "CITY" and B~ckerstaff, Heath, Smfley, Pollan, Kever & MeDamel, L L P w~th ~ts office at 3000 Bank One Center, 1717 Mmn Street, Dallas, TX 75201- 4335, hereinafter called "CONSULTANT," acting herein, by and through their duly authorized representatlves WITNESSETH, that m consideration of the covenants and agreements here~n contmned, the partxes hereto do mutually agree as follows ARTICLE I EMPLOYMENT OF CONSULTANT The CITY hereby contracts w~th the CONSULTANT, as an ~ndependent contractor, and the CONSULTANT hereby agrees to perform the services herem m connection w~th the Project as stated m the sections to follow, v~th dthgence and ~n accordance with the h~ghest professional standards customarily obtmned for such servmes ~n the 'State of Texas The professmnal services set out here~n are m connection w~th the followtng dese~bed project The Project shall xnclude, w~thout hm~tat~on, preparation of a re&stnctmg plan for the C~ty of Denton based upon the 2000 Census as more fully described m the Scope of Servmes ARTICLE I~ SCOPE OF SERVICES The CONSULTANT shall perform the following servmes ~n a professional manner A All those services set forth m CONSULTANT's Engagement Letter which ~s attached hereto and made a part hereof as Exhxblt "A" as ffwntten word for word here~n B If there m any confhct between the terms of th~s Agreement and the exhibits attached to th~s Agreement, the terms and con&tmns of th~s Agreement will control over the terms and condxt~ons of the attached exhibits or task orders ARTICLE III PERIOD OF SERVICE Th~s Agreement shall become effective upon execution of th~s Agreement by the CITY and the CONSULTANT, and shall remmn ~n force for the period whmh may reasonably be reqmred for the completion of the ProJect, ~ncludlng Addttmnal Services, if any, and any reqmred extensions approved by the CITY This Agreement may be sooner terminated in accordance with the provisions hereof Time is of the essence in this Agreement The CONSULTANT shall make all reasonable efforts to, complete the services set forth herein as expedlttously as possible and to meet the schedule established by the CITY, acting through its City Attorney or his designee ARTICLE IV COMPENSATION A COMPENSATION, BILLING AND PAYMENT For and in consideration of the professional services to be performed by the CONSULTANT herein, the CITY agrees to pay, at an hourly rate shown in Exhibit "B" together with the reimbursable expenses which is attached hereto and made a part of tl~s Agreement as if written word for word herein Nothing contained in this Amcle shall require the CITY to pay for any work wtuch is unsatisfactory, as reasonably determined by th, City Attorney or his designee, or which is not submitted in comphance with the terms o~ this Agreement The CITY shall not be reqmred to make any payments to the CONSULTANT when the CONSULTANT is in default under this Agreement It is specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by the CITY for any charge, expense, or reimbursement without first having obtmned written authorization from the CITY B ADDITIONAL SERVICES For additional se~lces authorized in writing by the CITY, the CONSULTANT shall be paid based on the Schedule of Charges at an hourly rate shown in Exhibit "B" Payments for addition,51 services shall be due and payable upon submission by the CONSULTANT, and shall bt In accordance with subsection C hereof Statements shall not be submitted more frequently than monthly C PAYMENT If the CITY fails to make payments due the CONSULTANT for services and expenses within sixty (60) days after receipt of the CONSULTANT's undisputed statement thereof, the amounts due the CONSULTANT will be increased by the rate of one percent (1%) per month from the said ~lxtleth (60th) day, and, in addition, the CONSULTANT may, after giving seven (7) d~ys' written notice to the CITY, suspend services under this Agreement until the CONSULTANT has been pard in full all amounts due for services, expenses, and charges, provldbd, however, nothing herein shall require the CITY to pay the late charge of one percent (1%) set forth herein If the CITY reasonably determines that the work is unsatisfactory, in accordance with this Artmle V, "Compensation" ARTICLE V OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exercise reasonable care and due dthgence In discovering and promptly reporting to the CITY any defects or deficiencies in the work of the CONSULTANT or any subcontractors or subconsultants ARTICLE ¥I CITYSHIP OF DOCUMENTS All final documents prepared or furmshed by the CONSULTANT (and CONSULTANT's subcontractors or subconsultants) pursuant to this Agreement are instruments of service, and shall become the property of the CITY upon the termination of this Agreement The CONSULTANT ~s entitled to retain copies of all such documents The documents prepared and furmshed by the CONSULTANT are intended only to be applicable to this ProJect, and CITY's use of these documents in other projects shall be at CITY's sole risk and expense In the event the CITY uses any of the information or materials developed pursuant to this Agreement in another project or for other purposes than specified here~n, CONSULTANT ~s released from any and all habfl~ty relating to their use ~n that project ARTICLE VII INDEPENDENT CONTRACTOR CONSULTANT shall prowde services to CITY as an independent contractor, not as an employee of the CITY CONSULTANT shall not have or claim any right arising from employee status ARTICLE VI~I INDEMNITY AGREEMENT The CONSULTANT shall indemnify and save and hold harmless the CITY and its officers, agents, and employees from and against any and all habthty, claims, demands, damages, losses, and expenses, including, but not hmlted to court costs and reasonable attorney fees incurred by the CITY, and ~ncludlng, w~thout limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of the CONSULTANT or its officers, shareholders, agents, or employees in the executmn, operation, or performance of th~s Agreement Nothing in th~s Agreement shall be construed to create a liability to any person who is not a party to this Agreement, and nothing herein shall wmve any of the parties' defenses, both at law or equity, to any claim, cause of action, or htlgatlon filed by anyone not a party to thru Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved ARTICLE IX INSURANCE CONSULTANT shall maintain and shall be caused to be in force at all times during the term of this Agreement, a legally binding policy of professional liability insurance, issued by an insurance carrier approved to do business in the State of Texas by the State Insurance Board, which carrier must be rated by Best Rated Carriers, with a rating of "A-" or higher Such coverage shall cover any claim hereunder occasioned by the CONSULTANT'S negligent professional act and/or error or omission, in an amount not less than $500,000 00 combined single limit coverage per occurrence In the event of changes to or cancellation of the policy by the insurer, CONSULTANT hereby covenants to immediately advise the CITY thereof, and in such event, CONSULTANT shall, prior to the effective date of change or cancellation, provide a substitute policy furnishing the same coverage to the CITY Consultant shall provide a copy of such policy and the declarations page of the existing policy to the CITY through its City Attorney, simultaneously with the execution of this Agreement ARTICLE X ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any disputes under this Agreement by submitting the dispute to arbitration or other means of alternate dispute resolution, such as mediation No arbitration or alternate dispute resolutmn arising out of or relating to this Agreement, involving one party's disagreement, may include the other party to the disagreement without the other's approval ARTICLE XJ TERMINATION OF AGItEEMENT A Notwithstanding any other provision of this Agreement, either party may terminate by giving tlurty (30) days' advance written notice to the other party B This Agreement may be terminated in whole or in part in the event of either party substantially fmhng to fulfill its obligations under this Agreement No such termination will be affected unless the other party is given (1) written notice (delivered by certified mall, return receipt requested) of intent to terminate and setting forth the reasons specifying the non-performance, and not less than thirty (30) calendar days to cure the failure, and (2) an opportunity for consultatmn with the terminating party prior to termination C If the Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services and shall render a final b~ll for services to the CITY within thirty (30)~days after the date of termination The CITY shall pay CONSULTANT for all servmes properly rendered and satisfactorily performed and for reimbursable expenses to termination incurred prior to the date of termination, in accordance w~th Article V "Compensation" Should the CITY subsequently contract with a new consultant for the continuation of services on the ProJect, CONSULTANT shall cooperate in providing information The CONSULTANT shall turn over all documents prepared or furnished by CONSULTANT pursuant to this Agreement to the CITY on or before the date &termination, but may maintain copies of such documents for its use ARTICLE X~I RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the CITY shall not constitute, nor be deemed a release of the responslbthty and hablhty of the CONSULTANT, ~ts employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work, nor shall such approval be deemed to be an assumption of such responsibility by the CITY for any defect in the design or other work prepared by the CONSULTANT, its employees, subcontractors, agents, and consultants ARTICLE XHI NOTICES All notices, communications, and reports reqmred or permitted under th~s Agreement shall be personally delivered or totaled to the respective part~es by depositing same ~n the United States maxi to the address shown below, cemfied mall, return receipt requested, unless otherwise specffied here~n Mailed notices shall be deemed eommumcated as of three (3) days after maxhng To CONSULTANT To CITY Karen Brophy Herbert L Prouty Blckerstaff, Heath, Snnley, Pollan City Attorney Kever & McDanlel, L L P C;ty of Denton 1717 Mare Street, State 3000 21 $ East McKmney Dallas, TX 75201-4335 Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice ~s given, or within three (3) days after maxhng ARTICLE xiy ENTIRE AGREEMENT Tlus Agreement, consisting of eight pages and two exhibits, constitutes the complete and final expression of the agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior or contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made m connection with the subject malter hereof ARTICLE X¥ SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of th~s Agreement and shall not cause the remmnder to be tnvahd or unenforceable In such event, the parttes shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision ARTICLE XVI COMPLIANCE WITH LAWS The CONSULTANT shall comply w~th all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended ARTICLE X¥II DISCRIMINATION PROHIBITED In performing the servmes reqmred hereunder, the CONSULTANT shall not discriminate against any person on the bas~s of race, color, rehglon, sex, national orlg~n or ancestry, age, or physmal handmap ARTICLE XI~[I PERSONNEL A The CONSULTANT represents that ~t has or will secure, at its own expense, all personnel reqmred to perform all the services required under th~s Agreement Such personnel shall not be employees or officers of, or have any contractual relations with the CITY CONSULTANT shall anform the CITY of any conflmt of interest or potentml confhct of mterest that may arise during the term of this Agreement B All servmes reqmred hereunder will be performed by the CONSULTANT or under its supervision All personnel engaged m work shall be qualified, and shall be authorized and permitted under state and local laws to perform such servmes ARTICLE x][X ASSIGNABILITY The CONSULTANT shall not assign any interest tn this Agreement, and shall not transfer any interest in this Agreement (whether by asstgnment, novation, or otherwise) without the prior written consent of the CITY ARTICLEx MODIFICATION No wmver or modfficatmn of th~s Agreement or of any covenant, con&tlon, or hmltatmn herein contamed shall be vahd unless m writing and duly executed by the party to be charged therewith, and no ewdence of any wmver or modification shall be offered or received in evidence in any proceedmg arising between the parties hereto out of or affecting this Agreement, or the rights or obhgat~ons of the part,es hereunder, and unless such waiver or modification is in writing and duly executed, and the part~es further agree that the provisions ofthls section w~ll not be waived unless as set forth here~n ARTICLE XXI MISCELLANEOUS A The following exhibits are attached to and made a part of th~s Agreement ) 1 Exhibit A Engagement Letter 2 Exhibit B Standard Terms of Engagement B CONSULTANT agrees that CITY consistent with the attorney client relataonshlp shall, until the expiration of three (3) years after the final payment under th~s Agreement, have access to and the right to examine any d~rectly pertinent books, documents, papers, and records of the CONSULTANT involving transactions relating to th~s Agreement CONSULTANT agrees that CITY shall have access dunng normal working hours to all necessary CONSULTANT facflmes and shall be provided adequate and appropriate working space ~n order to conduct audits ~n compliance with this sectton CITY shall g~ve CONSULTANT reasonable advance notice of intended audits C Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas Tlus Agreement shall be construed in accordance w~th the laws of the State of Texas D For the purpose of this Agreement, the key person who will supervise and coordinate the work hereunder shall be Karen Brophy However, nothing here~n shall limit CONSULTANT from using other quahfied and competent members of ~ts firm to perform the services reqmred herein E CONSULTANT shall commence, carry on, and complete any and all projects with all apphcable d~spatch, ~n a sound, economical, and efficient manner and in accordance w~th the prowsmns hereof In accomplxsh~ng the projects, CONSULTANT shall take such steps as are appropriate to ensure that the work ~nvolved is properly coordinated w~th related work being carried on by the CITY F The CITY shall assist the CONSULTANT by plamng at the CONSULTANT's disposal all available informatmn pertanent to the ProJect, including previous reports, any other data relative to the ProJect, and arranging for the access thereto, and make all provisions for the CONSULTANT to enter ~n or upon pubhc and private property as required for the CONSULTANT to perform services under this Agreement G The captions of this Agreement are for lnform~tt~onal purposes only, and shall not in any way affect the substantive terms or conditions of th~s Agreement IN WITNESS HEREOF, the C~ty of Denton, Texas has caused th~s Agreement to be executed by Its duly anthonzed C~ty Manager, and CONSULTANT has executed th~s Agreement through ~ts duly authorized undersigned officer on tins the day of , 2000 CITY OF DENTON, TEXAS MICHAEL W JEZ, CITY MANAGER ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BICKERSTAFF, HEATH, SMILEY, POLLAN, KEVER & McDANIEL, L L P Bickerstaff, Heath, Smiley, Pollan, Kever & McDaniel, L.L.R 3000 Bank Oho Cenier 1717 Main S~reet Dallas, ~xas 75201 4333 (~14) 752 8021 Fax (214)753 0200 www btckerstaff corn November 21, 2000 Herbert L Prouty C~ty Attorney City of Denton 21 $ East McKxnney Street Denton, Texas 76201 RE: Engagement Letter for Hourly Representataon Dear Herb Thank you for selecUng our law firm to represent you We apprectate your confidence m us and wall do our best to aehmve saUsfaetory results The purpose ofthas letter, together with the enclosed "Standard Terms of Engagement", is to set out our understanding v~th respect to the specific terms of our relauonshap Please review the Standard Terms of Engagement carefully and contact us promptly if you have any questions regarding our relaUonshap This letter, together w~th the Standard Terms of Engagement, constitutes our agreement with you (this "Agreement") under whmh our services will be provided Identatv of Client We will be representing the interests of the City of Denton, Texas Tame of Performance The services will be performed within a mutually agreed upon schedule to provide for a Department of Justice submasslon by December 31,2001 Nature and Scope of Representation We understand that while in the future we may from time to time be employed on other matters, our present relationship is hmlted to represenUng the City of Denton as follows preparation ora re&strictmg plan for Denton based upon the 2000 Ce~asus and as darected by the City Attorney, mcludlng Exhibit A Engagement Letter City of Denton Professional Services Agreement I SCOPE OF SERVICES · Analys~s of Census 2000 data, preparation of Imt~al Assessment · Attend a c~ty counml meeting to present the Imt~al Assessment, and prowde assistance ~n settmg priorities and estabhsh~ng the C~ty's criteria for the redmtnct~ng processes and ~mplementat~on · Attend one publxc heanng to obtmn pubhc ~nput and analyze mtlzen comments · Preparation of up to three proposed c~ty council d~stnct plans · Appearance before the Denton councxl, mvolwng presentation of the proposed plans, the redistricting processes and ~mplementatmn and advising the counml on 1ts options and the legal consequences surrotmd~ng those optmns · Preparataon of the submlss~on to the Umted States Department of Justice requesting preclearance of elect~on changes Supervision and Delegation I will be the partner who wdl coot&narc and superwse the services we perform on your behalf, assisted by Alan Bojorquez We routtnely delegate selected respons~b~ht~cs to other persons m our F~rm when, because of specml expertise, t~me availabd~ty or other reasons, they are m a better positron to carry them out In adchtmn, we vall try, where feasible and appropriate, to delegate tasks to persons who can properly perform them at the least cost to you Flnancml Arrangements The enclosed Standard Terms of Engagement, together w~th th~s letter, outhnes thc financml terms of our engagement It ~s the Fxrm's tmderstandmg that the C~ty has tnmally authorized a budget for tlus matter of $25,000 No legal work whmh would result ~n fees m excess of that amount would be expected of the firm unless the C~ty authorizes an additional budget, should ~t be determined that any additional services of the firm are reqmred ~n th~s matter If anything ~n th~s letter or the Standard Terms of Engagement ~s unclear or presents a problem to you, please adwse me promptly so we may d~scuss ~t and reach a full tmderstand~ng Acceptance of Terms If th~s arrangement ~s acceptable to you and the Ctty of Denton, please s~gn the enclosed duphcate ongmal of thru letter and return ~t to us at your earhest convemence We truly apprecmte the opportumty to be of servtce to you and look forward to working w~th each of you and the C~ty of Denton ~n a mutually beneficial relationship Exhibit A Engagement Letter CiO/of Denton Professional Services Agreement 2 Very truly yours, AGREED TO AND ACCEPTED CITY OF DENTON, TEXAS By Date Name T~tle cc B~lhng Department Exhibit A Engagement Letter C~ty of Denton Professional Serwces Agreement 3 STANDARD TERMS OF ENGAGEMENT This statement sets forth the standard terms of, our engagement as your attorneys Unless modified in writing by mutual agreement, these terms W~I1 be an ~ntegral part of our agreement w~th you Therefore, we ask that you rewew th~s statement carefully and contact us promptly ~f you have any questions We suggest that you retmn thxs statement in your file 1 The Scope of Our Work You should have a clear understanchng of the legal servxces we w~ll provxde Any questaons that you have should be dealt w~th promptly We w~ll prowde services related only to matters as to whxch we have been specdically engaged We wxll at all tames act on your behalf to the best of our ab~hty Any expressions on our part concermng the outcome of your legal matters are expressions of our best professional judgment, but are not guarantees Such oplmons are necessarily hm~ted by our knowledge of the facts and are based on the state of the law at the time they are expressed We cannot guarantee the success of any g~ven matter, but we wxll strxve to represent your mter6sts professionally and efficxently 2 Fees For Legal Services Our charges for professxonal services are customarily based on the time devoted to the matter, the novelty and dxfflculty of the questaons presented, the requxs~te expexaence, reputation and sl~ll requested to deal w~th those questions, tame hmltat~ons ~mposed by the c~rcumstances, and the amount involved and the results obtamed Unless othe~vxse xndxcated m writing, our fees for legal services are deterrmned on the basxs of the hourly rates Of the respectave lawyers and paralegals who perform the services These rates vary depending on the expertise and experience of the lnd~wdual We adJust these rates from time to time, increasing tl~em as the mdxwduals gain experience and expertxse and to reflect current economic condxtaons We v, qll notary you m wrxtang xf this fee structure is modified At the present time the standard bxlhng rates for partners m thxs firm are between $175 00 and $250 00 per hour, the bxlhng rates for assocxates are between $90 00 and $175 00 per hour, the b~lhng rates for paralegals are $65 00 per hour, the b~lhng rate for brxefing clerks xs $50 00 per hour, and the bxlhng rate for our redxstrxctang spec~ahst xs $90 00 per hour (alt fees quoted are m U S Dollars) 3 Other Charges All out-of-pocket expenses (such as long dxstance telephone charges, copying charges, travel expenses, messenger expenses and the hke) incurred by us in connectaon w~th our representation of you wxll be b~lled to you as a separate stem on your monthly statement We have enclosed a schedule which mdxcates the rate at which most ofthe~e items w~ll be charged 4 Billin~ Procedures and Terms of Payment Our bxlhng perxod begms on the 16th of the month and ends on the 15th o£the following Exhibit B Standard Terms of Engagement - 1- C~ty of Denton Professional Serwces Agreement month We will render periodic statements to you for legal services and expenses We usually mall these penodlc statements toward the end of the month following the latest date covered in the statement Each statement is payable w~thm 30 days of its stated date and must be paid ~n U S Dollars If any statement is not pard within 30 days after tts stated date, tnterest at the rate of 1 1/2 percent per month (18 percent per annum) will accrue on the balance due However, if at any t~me 18 percent per annum exceeds the highest tnterest rate permitted by apphcable law, then the interest rate that will be applied to any overdue amounts wtll be reduced to the maximum rate permitted under applicable law If you have any question or d~sagreement about any statement that we submit to you for payment, please contact me at your earliest convemence so that we can resolve any problems without delay Typmally, such questmns or dlsagreements can be resolved to the satlsfactlon of both sides with little inconvenience or formality 5 Termination of Services You have the right at any time to terminate our,employment upon written notice to us, and if you do we w~ll immediately cease to render additional services We reserve the right to discontinue work on pending matters or terminate our attomey-chent relattonsh~p with you at any time that payment of your account becomes delinquent Addmonally, ~n the event that you fall to follow our advice and counsel, or otherwise fall to cooperate reasonably with us, we reserve the right to wtthdraw from representing you upon short nottce, regardless of the then status of your matter No termination shall reheve you of the obhgat~on to pay fees and expenses incurred prmr to such termination 6 Retention of Documents Although historically we have attempted to retain for a reasonable time copies of most documents generated by this Firm, we cannot be held responsible in any way for fmlure to do so, and we hereby expressly dlsclatm any such responsibility or liability You must ultimately retain ail originals and copies you desire among your own files for future reference 7 Fee Estimates We are often requested to esttmate the amount of fees and costs likely to be ~ncurred tn connection with a particular matter Our attorneys do '~hetr best to estimate fees and expenses for particular matters when asked to do so However, an estimate is just that, and the fees and expenses requtred are ultimately a function of many condttIons over whmh we have little or no control, especially in litigation or negotlatton s~tuat~ons where the extent of necessary legal services may depend to a significant degree upon the tactics of the opposition Unless otherv~se agreed in writing with respect to a specific matter, all estimates made by us shall be subject to your agreement and understanding that such estimates do not constitute maximum or fixed fee quotations and that the ultimate cost is frequently more or less than the amount estimated 8 Governing Law Exhibit B Standard Terms of Engagement -2- City of Denton Professional Services Agreement Tlus Agreement shall be governed by and construed ~n accordance with the laws of the State of Texas, Umted States of Amenca Venue of any case or controversy arising under or pursuant to th~s Agreement shall be in Travls County, Texas, United States of America 9 OuesRons If you have any questions from time to t~me about any aspect of our arrangements, please feel entirely free to m~se those questions We want to proceed m our work for you w~th a clear and sattsfactory understanding about every aspect of our bflllng and payment pohc~es, and we encourage an open and frank d~scusslon of any or all of the matters mentioned in th~s memorandum Exhibit B Standard Terms of Engagement -3- C~ty of Denton Professtonal Serwces Agreement Client Costs Advanced Bickerstaff, Heath, Smiley, Pollan, Kever & McDamel, L L.P The firm incurs expenses on behalf of ehents only when rcqmred by the legal needs of the chants Some cases or matters require extensive use of copy famhtms, and other cases may not be so paper intensive Standard servmcs such as secretarml and word processing t~me, file setup, and file storage are not charged, however, other expenses such as long 'distance fees, cop~es, dehvery fees, and fax charges are b~lled to the ehent needing those services An explanatmn of the bdhng structure ~s as follows Dehvery Services Outside dehvcry services arc used for p~ck-up and dehvery of documents to thc chent as well as to courts, agencies, and opposing part,es Outside dehvery fees are charged to thc chent at the rate charged to the firm Overmght dehvery servmes are also charged at the rate charged to the firm F~rm Office Servmes Department personnel may prowde dehvery service ~n urgent s~tuatmns and charges for such m-house serwce wall not exceed the charge that would be made by an outside servmc ~n a s~m~lar s~tuatmn Telephoue Our long chstance charges are based on the exact number of minutes per call as prowdcd by our careers The rate apphed to the call ~s $ 20 per m~nute Cell phone charges wall be charged at ~nvmce rate ~fthe call ~s long d~stance, otherwase, local cell phone charges will not be charged to the chent Postage Our postal eqmpment calculates exact US postage for all s~zes and weights of posted material The rate charged for postage ~s the same as the amount affixed to the material that ~s mmled Cop~es Our standard rate for cop~es made by firm personnel is $15 per copy This charge covers paper, eqmpment costs, and other supphes If sawngs can be real~zed w~thm the reqmred t~me frame by sending copy jobs to subcontractors, the firm uses only qualffied legal servmes cop~ers and the cost charged to the chent ~s the same as the amount balled to the firm Comput~r~zed Research If a case reqmres the use of computerized legal research, trained and slalled legal researchers are used to mtmnnze on-hne data charges The firm charges $4 00 per nnnute of on-hne connect time Fax Fax cop~es wall be charged at the rate of $ 25 per page Travel Attorney and paralegal t~me spent traveling on behalf ora chent ~s b~lled to the chent Hotel, meal, local transportation, and s~nnlar expenses are charged based on receipts and travel Exhibit B Standard Terms of Engagement -4- City of Denton Professional Serwces Agreement expense forms submitted by the attorney Docu_mentatlon ~s avmlable to the chent ~f requested Other Exnenses Expenses ~ncurred to oumde prowders ~n connection w~th the chent's legal services should be prod by the chent Erectly to the outside prowder unless spemfically arranged ~n advance If the firm agrees to pay outside providers, the cost charged to the chent ~s the same as the mount billed to the firm Examples of such charges ~nclude court reporter fees, fihng fees, newspaper charges for pubhcat~on notices, pUC download fees, expert witness fees, consultants, and other similar expenses Such expenses w~ll not be ~ncurred w~thout approval from the chent ExMblt B Standard Terms of Engagement -5- City of Denton Professional Services Agreement 1~/08/00 13 49 CRAUENS/WARREN a 15125205G~8 NO 988 Q03 LAwYEgS PROFESSIONAL UAGM~TY CO~Y ~ PROTECTION - th~Rlul CLAIMS-MADE COVfRAGE ~JUMMARY This Coverage Summary shows the limits and extent of coverage under your Lawyers Professional Liability Protection - Claims- Made Limits Of Coverage' Retroactive date Each wrongful act $5,(}00,000/ Total limit $5,000,000 */ Deductible EXtended Reporting Period Options' Each Wrongful act $50,000 '/ $$6,&51,00 for a 12 morlth period $128,2~,4.00 for a 24 month period Total Deductible $50,000J S1311,642.00 for e 36 month period $207,963.00 for an unilm,ted time period Name of Innured Policy Number .qOG-~a56zO effective Date 08/02/00 BZCY,.SltSTAI~F, HEATH, aXZLZY, ~OLL~, Processing Dee 08/22/00 14-&3 002 43533 Rev 11-6~ Printed in USA Elablllty Coverage mRtPa. I Fire and Marine Insurance Co 1996 AU Rights Reserved Page 1 of 1 1,[/0B/00 1:~ 49 CRRUENS/WI::IRREN '+ 15123205638 NO 9B8 [~02 J co,,, hSTl ul iNTRODUCTION This policy protects against · variety of losses There are also some restrictions We've ?o!~cyXumbet 506.~]i5620 written this policy in plain, easy-to-understand Enghsh Wa encourage you to read It carefully PROF LZ~I~]:LZTY to determine what Is and what is not covered, Y~ZL CODE $03A as well as the rights end duties of those 385 ~ASHINGTOH STREET - YA protected, ST PAUL. K~ 55102. In return for your premium, we'll provide the Your policy Is composed of General Rules, an protection elated in this policy explanation of What To Do If YO~I Have A loss, one or more Coverage Summaries, and one or We, us, our end ours mean The SL Paul Insurance more Insuring AgreemerltS explmnmg your C0nlpon¥ We're a capital stock company coverage It may also mclude one or more located irt Arlington, Texas endorsements Endorsements ers documents that change your policy The Policy Forms List The words you, your and yours mean the shows all the forms included when th~s pohcy insured named here. which Is a/an begins LIKITED LIABILITY PARTnErSHIP STCT(ERSTAFF, HEJ~TH, IK~LEY, POLLAX, One of our authorized represet~tetlves will also ~YEI[ & I/CDANZ~L, LLP, AND DELGAD0, countersign the policy ACOSTA AND 8ZCKERSTA]~F, T{SATH, 816 COHGRE$S AVA , SU]:T~. :2700 This policy will begin on 08/01/00 AtTSTZN TX 78701 and will continue untiJ 08/01/02 Your farmer policy number is ~eutomet}cally replaced Your premium for the policy period shown ts $t38,642 00 However. please refer to the Premiums section of the General Rules to sea how final premiums ere determined 13831 ~O[T~ZST ~R~KWAY, ~500 .ous 0 u 77o o Processing gate 08/17/00 12;&2 fl01 40806 Ecl. f-88 Prlnte~ iff U,S,A, Introduction est Pa~I Fire and Marine Insurance Co 1984 All Rights Reserved page I Agenda Item AGENDA INFORMATION SHEET AGENDA DATE. December 19, 2000 DEPARTMENT. Utlhtaes Administration ACM Howard Martin, ACM/Utflat~es SUBJECT AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE RELOCATION OF NORTH COUNTY LINE ROAD BRIDGE, PROVING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE(BID2601 - NORTH LAKES PARK PEDESTRIAN BRIDGE AWARDED TO SENECA CONTRACTING IN THE AMOUNT OF $131,000 00 BACKGROUND The original request resulted fi'om the PEC-4 drainage amprovement project, whmh caused the removal of a pedestrian bridge that crossed the channel at Fred Moore Park Budget shortfalls on the project prevented replacing the pedestrian bridge at that tame Through the efforts of a number of c~t~zens, a project to replace the pedestrian bridge with an Instonc bridge fi.om County L~ne Road was developed The bridge at County Line Road xs scheduled to be replaced wath a new bridge The bridge xs located approxamately V2 mdc south of the ~ntersectmn of County L~ne Road and US 380(Exhthat I) Sance that tame, there have been several nmghborhood meetings to dascuss the optaons of bridge placement m Fred Moore Park A consensus was reached at these meetangs and other dascusmons that a new bndge should be placed at Fred Moore Park Two options have been discussed for the bridge at North County Line Road I Relocation to Rtuls to Trmls 2 Reloeatxon to North Lakes Park The relocation to Rmls to Trmls creates added expenditure due to modfficat~ons that w~ll need to take place to make tins move possible (Exhibit II) An addat~onal factor ~s the potentml of hawng to relocate the bridge agmn m the future if the radroad or tranmt system reoccup~es tins path The fact that we may have to relocate tins bridge agmn makes tins a less desarable optaon (Tins added cost made the North Lakes option more desirable) We have met w~th the Parks Department and they have selected a s~te in North Lakes Park The project has been reb~d and a low b~d of $131,000 was received (Exinb~t III) Tins was presented to the Public Utd~t~es Board at the November 27 raeet~ng The PUB d~d not approve the expendature of drmnage funds for the difference between the bad price and the avmlable hotel/motel funds Tins difference represents a $14,200 funding shortage for the project The State, County and the contractor for the new bridge at N County Line Road are anxious for us to move the exlstang bridge so they can move forward with the new bridge RECOMMENDATION Staff recommends approval of the $131,000 bid received from Seneca Construction PRIOR ACTION/REVIEW (Council, Boards, Comm~.~slons) This relocation project has been discussed at City Council and the Public Utility Board on numerous occasions FISCAL INFORMATION Relocation/Construction Cost Estimate for Rafts to Trails North Lakes Park Bridge B~d Sheet MAP Map of Denton County Respectfully submitted Jim Coulter, Assistant Director Water/Wastewater Prepared by David Hunter, Management Assistant, Water Admlmstratlon Exhibit I. Denton County Map Exhibit II: Rmls to Trails ProJect Estamate Exhthit III: Bid Sheet #2601 ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITWE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE RELOCATION OF NORTH COUNTY LINE ROAD BRIDGE, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2601 - NORTH LAKES PARK PEDESTRIAN BPd:DGE AWARDED TO SENECA CONTRACTING IN THE AMOUNT OF $ ! 31,000 00) WHEREAS, the City has sohmted, and received competitive sealed bids for the construction of public works or Improvements in accordance with the procedures of STATE law and C~ty ordinances, and WHEREAS, the C~ty Manager or a designated employee has received and recommended that the herein described bids are the lowest respondent for the construction of the public works or Improvements descnbed ~n the b~d invitation, and plans and specfficat~ons there~n, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following competitive sealed b~d for the constmcUon ofpubhc works or improvements, as described ~n the "Sealed B~d Invltalaons", or plans and specfficatlons on file in the Office of the City's Purchasing Agem filed according to the b~d number assigned hereto, are hereby accepted and approved as being the lowest responsible b~ds BID NUMBER CONTRACTOR AMOUNT 2601 Seneca Contracting $131,000 00 SECTION II That the acceptance and approval 0fthe above competitive sealed b~d shall not consntute a contract between the City and the person subm~tnng the bid for construction of such pubhc works or ~mprovements herein accepted and approved, tmtfl such person shall comply w~th all requirements specified ~n the Not,ce to B~dders ~ncludmg the t~mely executmn of a written contract and furnishing of performance and payment bonds, and insurance cemficate after notfficatmn of the award of the b~d SECTION Ill That the C~ty Manager is hereby authonzed to execute all necessary written contracts for the performance of the construction of the pubhc works or improvements m accordance w~th the bids accepted and approved hereto, prowded that such contracts are made in accordance with the Nottce to B~dders and Request for Sealed B~ds, and documents relating thereto specifying the terms, condmons, plans and specfficatlons, standards, quantities and specified sums contained therem SECTION IV That upon acceptance and approval of the above competitive sealed bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto SECTION V That this ordinance shall become,effective immediately upon its passage and approval PASSED AND APPROVED this the day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY BID 2601 - North Lakes Park Pedestrian Bridge PUBLIC WORKS CONTRACTUAL ORDINANCE-2000 4 EXHIBIT I Exhibit II I ENGINEER'S OPINION Of PROBABLE CONS3'RUCTION COST 10-Nov-00 6 56 11 AM C~ty of Denton County Dne Road Bridge Proj No DEN 00160 Relocated to RR Crossln9 Location at the Trails ITEM DESCRIPTION OF ITEM UNLIT TOTAL UNIT COST QUANTITY PRICE 1 General Conditions ~LS 1,5,000 00 5,00000 2 Mobd~zat~on LS 1 15,000 00 15,000 00, 3 Traffic Control Plan Ls 1 10,000 oo 10,000 oc 4 Sediment Control Plan LS 1 3,000 00 3,000 0c 5 Remove & Relocate Ex Truss Bridge ~.S 1 12,000 00 12,000 6 Structural Steel Repairs LS 1 2,000 00 2,000 oo 7 Strqctural Steel for Extension I~BS 8250 3 00 24,750 00 8 T~mber Deck ReplacementES 1 20,000 oo 20,000 oo 9 Timber Deck for Extension LS 1 8,000 00 8,000 00 10 Bnd~e Painting/Sandblasting LS 1 38,000 00 38,000 00 11 24" Drilled P~ers L F 100 130 00 13,000 00 12 Concrete for Bents C Y 8 1,500 00 12,000 00 13 Concrete for Abutments C Y 6 600 00 3,600 00 14 Wooden Handra~l on Ex Truss Section LS 1 12,000 00 12,000 00 15 Wooden Handrad on Extension LS 1' 6,000 00 6,000 00~ Prepared By Sub,Total Const Cost 184,350 0C C, ont~ngencles 18,435 0C TOTAL I 202,785 OO 6 EXHIBIT II ' I Agenda Agenda Item --~ AGENDA INFORMATION SHEET AGENDA DATE: December 19, 2000 DEPARTMENT: City Manager's Office CM/DCM/ACM Mmhael W Jez, C~ty Manager SUBJECT: Consider City Council appointments to a selectmn committee to lnterv~ew Management Assmtant canchdates BACKGROUND: As part of the 2000/2001 fiscal year budget, a regular fell time management assistant position was approved to prowde support to the Mayor and City Council A committee of no less than two or nor more than three will interview finalists on F~day, January 5, 2001 RECOMMENDATIONS: Appointment of two or three Council Members to serve on the select~on committee FISCAL INFORMATION. Funding was approved ~n the 2000/2001 fiscal year budget Respectfully submitted B~etty V~lllams Director of Management & Public Information AGENDA DATE. December 19, 2000 DEPARTMENT' Fiscal Operations ACM: Kathy DuBose, Assistant City Manager, Fiscal and Municipal Services SUBJECT Consider approval of a resolution approving the ISSUanCe of bonds by the Colorado Health Facilities Authority on behalf of the Evangelical Lutheran Good Samaritan Society, and provichng an effective date BACKGROUND The Colorado Health Facility Authority IS planning to issue bonds for Evangelical Lutheran Good Samaritan Society's (the Society) facilities located In several states, including the facilities located in Denton However, this bond issuance reqmres the approval of the City of Denton's City Council The City Council has previously taken similar actions for the Society No habflity will attach to the C~ty ~n connection wlth this action The Society owns and operates two long-term healthcare facilities, Including related senior housing facilities, w~th~n the C~ty Specifically, they are located at 2500 Hlnkle Drive and 3901MontecitoDnve The proceeds totahng $1,300,000 wfll be used to finance the acqmsltlon, construction, improvement and equ~pppng of a new kitchen, at Denton Good Samaritan Village, a new roof and spnnkler system at Lake Forest Good Samaritan Village, to refund bonds Issued in 1987, and to pay for bond issuance costs PRIOR ACTION/REVIEW (Council, Boards, Commissions) A public heanng was held w~thin the City at the Society's Lake Forest Good Samaritan Village at 10 00 a m on November 29, 2000, after publication in the Denton Record-Chromcle of a Notice ofPubhc Heanng (attached) The minutes of the pubhc heanng are attached FISCAL INFORMATION The Bonds will be payable solely from revenues ogthe Society, and the C~ty will have no obligation whatsoever for payment of the Bonds n6r shall any of its assets be pledged for payment of the Bonds Respectfully submitted RESOLUTION NO RESOLUTION APPROVING THE ISSUANCE OF BONDS BY TH~ COLOi~DO HEALTH FACILITIES AUTHOKITY ON BEHALF OF THE EVANGELICAL LUTI~KAN GOOD SAMARITAN SOCIETY, AND PROVIDING AI~ EFFECTIVE DATE WH~AS, th~ C~ty of Demon, Tex~ (the "C~ty") ~s a duly orgar~ed ~nd vahdly e~mvang mumcIpal corporaUon under the laws and ConsUtut~on of the State of Texas, and WHEREAS, The Evangehcal Lutheran Good Samammn Society (the "Soaety"), a North Dakota nonprofit corporat~org owns and operates two long-term healthcare facflmes, including related se~or hous, ng Pacthues, vatlun the boundaries of the C,ty, and WHEREAS, the Socuety has recently made material capital expenditures at tts fac~httes within the City, whtch tt demres to fund fi.om the issuance of Bonds, and WHEREAS, the Socuety also wmhes to refund the rermumg maturity of bonds issued on its behalf tn 1957 by the Denton Health Facies Development Corporation, the proceeds of wtuch funded certain capital expenchmres at tts facuhues m the City, and WHEREAS, the Society has proposed that the momes to fund the Pro3ect and to refund the 19S7 bonds come from the proceeds of Bonds to be tssued by the Colorado Health Fac~hues Authority (the "Bonds") m a multt-state offenng authorized by Colorado state law, and WI-IEREAS, maeh mulu-state offering ts eeonormcally efi~ment and cost-sawng for the Soc~et~, thereby reduem$ operaUng costs for the Society and therefore tending to reduce the necessity for increases of charges at its Denton facuhtles, thereby benefiting the remdents of the City, and WHEREAS, the Bonds w~ll be payable solely fi.om revenues of the Society~ and the City wall have no obhgauon whatsoever for payment of the Bonds, and WHEREAS, as a prereqms~te for the issuance 0fthe Bonds by the Colorado Health Fac~hUes Authority, a public heanng was held w~thm the Qty at the Socmty's Lake Forest Good Sarnarrtan Village on November 29, 2000, after pubhcataon in the Denton Record-Ct~romcle of a Nouce of Public Heanng, and a report on the heanng has been presented to the C~ty Council NOW, THEREFOR.Es THE COUNCIL QF TI-IE CITY OF DENTON HEREBY RESOLVES Section 1 The City of Denton hereby apl~roves the issuance of the aforesmd Bonds by the Colorado Health Fac~llUeS Authority m the rnammum aggregate pnnclpal amount of $1,300,000 for The Evangehcal Lutheran Good Samaritan Society, and further approves the Project as descnbed tn the Nonce relating to the pubhc hearing for the Bonds, and such approval shall be solely for the purposes of Secnon 147(0 of the Internal Revenue Code of 1986 and the City shall have no habflmes for the payment of the Bonds nor shall any of as asseta be pledged to payment of the Bonds Sec~on 2 Further, ~t is recograzed by the City that the instruments wlm~h authorize that issuance of bonds, notes, or obhgaaons by the Colorado Health Fac~hues Authority ~ spectfically state that the City is not obhgated to pay the prmmpal of or interest on the bonds, notes, or obhganons proposed to be issued by the Authority Nothing m tbas resolutton shall be construed as an mdlcataon by the C~ty that ~t w,.Jl pay or pro,nde for the payment of any obhgalaons of the said Authority whether theretofore or hereafter mc'urred, and m ttus cormecnon, attention is called to the Consnmtion of'tho State of'Texas, whereto rt Is promded that a City may recur no indebtedness vathout having made provisions for ns payment, and the City Council ofthe City hereby spec~fically refuses to set aside any present or future funds, assets or money for the payment of any indebtedness or obligation of'the Authority Sectton$ Ttns Resolution shall become effectxve unme&ately, upon its passage PASSED AND APPROVED tbs 19th day of December, 2000 ATTEST $enmfer Walters, City Secretary By Enlme Brock, Mayor APPROVED AS TO FORM Herbert L Proury, City A~tomey 3 MINUTES OF PUBLIC HEARING Ctty of Domon~ Texas Re Colorado Health Facihttes AuthontS's Health Fac~lmes Revenue Bonds (The Evangehcai Lutheran Oood Samaritan Somety ProJect) Series 2000 I, Juhe Marko, acting as a Hearing Officer for the C~ty of Denton, Texas (the "Clt~ ') the C~ty m ~h~eh the pro3ects to be financed w~th proceeds of the above referenced Bonds (the ' Bonds") are located, called the Pubh¢ Heanng of the City on November 29, 2000, to order I declared that a Pubhc Heanng, reqmred reader Secuon 147(0 of the Internal Revenue Code of 1986, was open for purposes of dascussmg the Bonds and the project to be fmmaced, refinanced or constructed w~th the proceeds of thel Bonds (the "ProJect") by The Evangehcal Lutheran Good Samaritan Soclet) I declared that the reqmred notice of the Public Heanng for the Pl'olect was published m the Denton Record-Chromcle, being a newspaper of general mreulauon m Denton, Texas, as ewdenced by an Affidawt of Pubhcatlon attached h~'eto as Exhibit. A I proceeded to hold the Pubhc Hearing Comments and d~scusslons w~th respect to the Bonds and the Project are summarized tn F~xbab~t B, attached hereto After sufficient me was g~ven for all present to make thetr comments wtth respect to the Bonds and the ProJect, I declared the Pubhc Hearing closed Dated December_., 2000 Jtthe Marko, Heanng Officer 02 7>762 01 4 NOTICE OF PUBLIC 1 ~:1~ ~.&RING CONCEalING THE ISSUANCE OF BONDS ON ~r.~,AI,r Or ~ EVANGELICAL LUTHERAN GOOD SAMARITAN SOCIETY NOTICE IS HEREBY GIVEN that a pubhc hearing will be held concerning the approval of the ~ssuanc¢ of the Colorado Health Fac~ht~es A~thonty's Health Fac~hucs Revenue Bonds (The Evangehcal Lutheran Oood Samaritan Society Project) Series 2000 (the "Bonds") Proceeds of the Bonds ~n an amount not to excee~ $1,300,000 v~ll be used (0to finance the acqms~Uon, constructaon, nnprovement and eqtuppmg of a new ~tchen at Denton Good Sarnarr~au Village and a new roof and spnnkler system at Lake Forest Good Samaritan Village (together, the "Project~), both owned and operated by The Evangelical Lutheran Good Samaritan Society at, respec~vely, 2500 Hinkle Drive, DentOn, TX 76201 and 3901 Monteclto Dnve, Denton, TX 76205, and to refund bonds ~ssued on behalf of the Society in 1987 b) the Denton Health Facilities Development Corporauon, 00 to estabhsh a reserve fund, and (m)to pay certain costs of ~ssumg the Bonds The Bonds constitute special hrmted obhgaUons of the Colorado Health FacdlUes Authority (the "Authontf) payable solely from amounts received by the Authority pursuant to a Loan Agreement, dated as of November 1, 2000, between the Authority and The ]Evangehcal Lutheran Good Samaritan Society, the pnnc~pal user of the Project All ~nterested parties are invited to present comments at the pubhc hearing regarding the ~ssuanee of the Bonds and the u~e of the proceeds therefrom Written comments to be presented at the heanng may be subnutted to the C~ty of Denton. Texas, at 215 East McKmney Street, Denton, TX 7620! The pubhc he~nng wll bc held at 10 00 am on Wednesday, November 29, 2000, m the multtpurpose room of the Lake Forest Good Samaritan Village, located a~ 3901 Montecito Drive, Denton, TX 76205 5 NOTICE OF PUGUC NGRING ~NCGRNING ON BEHALF OF T~IE Ii~l ~ ~ ~ I~ ~e O~l~, ~'~ ~ M EMI~ t~ ~m~~- I --~' I .... ". ~1~ ~1 ~ ~ [ IN THE. MATI'I~OF ~ K~tak Rock, T~t~ STATE OP ~[~C~ ~ Bill Patterson e~ug duly swore ~ be ~ ~bl~her or tke D~z~n [t~~c~e ~, ~rap~ Su~ date of ~e attach~ ~ aad ~t ~e ~id ~ w~ pub]~ in ~d paper/s on ~e f~wmg ~lu: ~tz~ of P~ll~ H~r~g ~noe~ing the iesu~e of bon~ on b~alf of ~e ~gelical Lu~eran ~ofi ~a S~r~t~n S~ieey ~ton ~oOr~ ~r~ale - No--er 11, 2000 75 ~n~ $45.00 7 EXHIBrr B A few members of the pubho attended the Pubhc Heanng Most of the chscusmon centered on the Bonds - their posmble tenms and avmlabfl~ty No comments were made which were adverse to the ProJect orthe Bonds 8 02-75?62 01 Agenda Item Oate /, AGENDA INFORMATION SHEET AGENDA DATE: DECEMBER 19, 2000 DEPARTMENT: Utihty Administration ACM' Howard Martin, 349-8232 SUBJECT. Hold a discussion and conmder approval of Development Plan Lines assistance for cxtenmon of Water and Sewer hnes for the expanmon of bus~ness facd~tles as requested by Yorlum Construction Management Ltd BACKGROUND. Through Resolution Infrastructure Financing, Resolution No R91-008 (See Exhibit II), the Water/Wastewater Utthty Department ~s obligated to develop cost/benefit analysis for businesses seeking asmstance for the extension of water/sewer lines to their property Yorlum Construction Management Ltd prowded information relevant to the cost/benefit analysm to the water department and seeks asmstance m extenmon of water/sewer hnes to their property located at the intersection of Hwy 380 and Masch Branch Road (See Exhibit I) Staff has used the data provzded by Yorlum ConstruCtion Management Ltd and developed the cost/benefit analyms under the gmdance of the Resolution (See Exhibit III) The input data ~n th~s analysm includes taxable capital ~nvestment ~n tl~e business, construction costs, number of employees hying in Denton, sales tax prod by the bqsmess entity, utthty charges Incurred, and the cost of extension of water/sewer hnes to the famhty The analyms zn Exhibit III shows a net benefit to the mty ~n the amount of $263,051 over a five-year period The cost of the water/sewer hnes extension ~s estimated at $219,000 OPTIONS: The property owner has the option to stay m Denton or relocate the business and the proposed construction to another C~ty RECOMMENDATIONS Based on the Cost/Benefit Analysis, Staff recommends approval of the Development Plan Assistance for extension of the water/sewer hnes Page 1 PRIOR ACTION/REVIEW (COUNCIL, Boards, Commissions). The Public Utilities Board recommended Developmen~ Plan Asmstance for the extenmon of water/sewer hnes on November 6, 2000 FISCAL INFORMATION: $500,000 m budgeted every year by the Water Department for Development Plan Lines (see exhibit IV) Money budgeted for thru purpose in prew0us years that has not been spent ~s reserved for th~s purpose also MAP' Exhibit I Respectfully submitted D~rector of Water Utd~t~es Prepared by P S Arom, P E, Eng~neenng Adm~mstrator Exhibit I - Map Exhibit II - Resolution No R91-008 Exhth~t III - Cost/Benefit Analyms Exhibit IV - FY 2001 CIP Detml Sheet Page 2 Resolut or% Ir%frastru< ture ~ESOUJTION NO ~ A RE$OF.~TION APPROVING T~E INFRASTRUCTUR~ FINAncING ~LICY, RE~LZHG R89-019, ~D ~ROVIDING ~O~ ~ EFFE~I~ C _ ~, In fu~e=~ce o~ =~ose li . ~ ~ ~a~ O~c ~l ~1~ ~o~A and economic ~llcies of ~e ~n~on ~ve~n~ Pi~ ~ ....... --'y~ ~&z~; NOW, BE IT ~OL~D BY ~ ~CIL OF ~ ICZ~ OF ~a~ ~e InfrlO~u~ Fl~cing Policy, ac~~ aa ~lC ~, ia app~. BY= ~ EXHIBIT 11 DENTON' MUNICIPAL UTILITIES POLICY / PROCEDURES POLICY TITLE ' DrVI$ION a.u EFFECTIVE DATE Cot~c~.l ~-solu:ion t~R91-008 The City of Denton Utilities Department policy is to facilitate local economic grow~:h through a proc/ram of Infrasl: .ructure Financing. During its annual review of ~he Ut Improvements Plan (C~ *~ ...... ility Department,s - --,, --- ~"uUAAC U=ilit Capital ~-m~ruccxOn of infrastrUoturl '~atar ~u~ua-Ay tO financl the or sewer lines. This allocation shall consist: of $250,000 from the Wa=ir tIP and $2~0,000 from the Wastewatsr tIP. That Portion of each annual allocati close, of ~hs fiscal em o._n that remains ~nobli at f Y r shall =a g md at iscal year. Howmv.w ..... .try forward into ~_he ~,~._ Infrastructure Financing shall b~ ,provided only to: 1) Industrial prospec~a which have co~itt~d to building facili~ies in Denton. 2) C~ez~ial/rltail prol]~lc~l which have c~=~it~'.ed to bUilding facili~iee in Denton and a) sell a majority of their goods or services to individuals or businesses outside o~ Denton, or b) _~anu?ac~ure. ? .o.ode for constmp~ion in uss=on wnlca were previously manufactured outside of Den:on. 3) PI'os~c~:I which have co~aitted to building corporate heedquaz-~ers facilities in Denton. Ififmstru 'ture Ftfiafi fig Poh y Page Two Ail requests for Infrastructure Financing shall be subject to the economAc analys~s detailed ~n analysis shall ds~-- _ this Pollc. T ~ f~ve .......... ~=ne 9ro]ec=.costs and bsnsfl~ ovah-- _i._ =~=~ w-~ao=..£n=rastruCturm 'Financing may be alloca~e~ For purposes of the economic analysis: P=oJect costs shall consist of 100% of: ~i~,ssr~ic? associated wl~h '~,s subject: utility ns s cons=ruction, and omp~ec~ s~ec~ utility line ProJec~ benefits shall conlis~ of 25% of: ~ ~y~9ue ~=~ ad va~o=~ ~ on prospec=,s ~ Revenue from sales ~ax on ~=os~c~,s P~u~s and se~ices sold ~ ~, ~on facility ~e ~on-rei~d~ l~r ~o~e g~erat~ by Pros~,s l~a~tng ~n a~ 100% ~ ~ue Zr~ sales ~ on, proa~,l nCir~als fac~li~y,s co~c~on ~ Revenue fr~'~a~ ~ding of proJi~s Ihall ~ ~u~ bal~ on ~l da~i of s~mission of applica=ion~ i.e., ~irs= come, firs~ Ififrastrugjture F fiafiq fig Pohqy Page three Lines under considers=ion shall begin at an mean lane and end at =he edge whAch of =he prospect,s property AS closest to the existAng dan and whlch is technically leasable. The funding reco~endation shall state funding limlts for the total Pro]ect and its cons=ruction components as Well as a time limit on the funding coui~en=. Funds shall be disbursed to the proepe~ ore he prospect,s designee only: 1) upon presentation of a Cer~ificate of ~pancy. for ~e Proapec~,s ~nton facility, or 2J In in~e~i~=an~ parents as cons~ion of ~e s~J~C U~ili~y line PrOfesses Unencumbered project fUnds ah Infrastructure Financing acco~buna~. ~e returne~ to the ADultca~ion Step 1 Infrastructure Financing aPPli~ions ~11 ~ aVa/l~le shall: ~11o~ Officl. ~il Office · Pr~ide prol~ vi~ ~on~ic allil~l info~tion P~lde p~ vi~ an appli~Cion fo~ ~ wi~ ica c~leCion · n~ify aff~ ~enCs of proa~,s apPlica=ion c~inaCe ~e PrOs~,a ac~ae ~o Ci=y · prepare an~on~ic aaaiaC~Ca~c~qe for~e Proa~cC Ififrastru ture F fiafiq fig Poh y Page Fxatr $~:ep 2 Completed applications shall be returned to ~he EConomic Developmen= Office which shall forward a copy of the prospec~,s completed applica=lon =o: · Planning. Depa~en= for Prepare=ion of a land use analysis, and economic analysis, prOVidtn~ u= ~*, ..... ~__ ~ :~ ann cos= assessmen~ of ~he Pl---- a r~o~da~ion f~ ~d~- c°noaic ~alysis ~ ~ Zoning Co~s~ion. ~flg con,deletion ~o Such ~eCO~nda~ion afl ex--ion fr~ ~oae ~ .- ~or Ordinance r~a~ing ~e e~p '~lion~ of ~e S~-Division S=ep 4 ~e Pla~i~ ~ Zoni c EXHIBIT III z z ~ ~ ~ Z Z Z Z ~- ~ § ~ ~ 8 8 8 PROPOSED SEWER MAIN FOR LOT 1314 ALONG MASCH BRANCH ROAD DESCRIPTION UNIT UANTI~ UNIT PRICE TOTAL 10" SEWER MAIN ~4'-6' DEPTH L F 400 $30 00 $12,000 00 10" SEWER MAIN ~6'-8' DEPTH L F 207 $32 00 $6,624 00 10" SEWER MAIN ~8'-10' DEPTH L F 107 $34 00 $3,638 00 10" SEWER MAIN ~10'-12' DEPTH L F 66 $36 00 $2,376 00 10" SEWER MAIN ~12'-14' DEPTH L F 93 $38 00 $3,534 00 10" SEWER MAIN ~14'-16' DEPTH L F 132 $40 00 $5,280 00 IANHOLE E A 3 $2,850 00 $8,550 00 ' MH EXTRA DEPTH L F 17 $100 00 $1,700 00 XCAVATION PROTECTION L F 1005 $3 00 $3,0t5 00 HYDROMULCH SEEDING SY 2233 $2 50 $5,582 50 EROSION CONTROL LS 1 $5,000 00 $5,000 00 PROJECT SIGN E A 2 $700 00 $1,400 00 BARRICADES & WARNING SIGNS LS $1,000 00 R O W PREPARATION LS $1,000 00 CONTRACTORS WARRANTIES LS $1,000 00 EASEMENTS~ 1000 L F L F 1000 $22 00 $22,000 00 SUBTOTAL $84,000 00 ENGINEERING $$,000 00 SURVEYING $4,000 00 INSPECTION $2,000 00 CONTINGENCY $8,000 00 PROJECT TOTAL $103,000 00 PROPOSED WATER MAIN FOR LOT 1314 ALONG MASCH BRANCH ROAD DESCRIPTION UNIT UANTIT UNIT PRICE TOTAL 12" WATER MAIN L F 1305 $35 00 $45,675 00 12" GATE VALVE E A 2 $3,000 00 $6,000 00 FITTINGS TONS 1 $5,000 00 $$,000 00 FIRE HYDRANTS E A 4 $2,000 00 $8,000 00 EXCAVATION PROTECTION L F 1305 $3 00 $3,918 00 HYDROMULCH SEEDING SY 2900 $2 50 $7,250 00 EROSION CONTROL LS 1 $5,000 00 $5,000 00 PROJECT SIGN E A 2 $700 00 $1,400 00 BARRICADES & WARNING SIGNS L$ $1,000 00 R O W PREPARATION L$ $1,000 O0 CONTRACTORS WARRANTIES LS $2,000 O0 iEASEMENT$ 450 L F L F 450 $18 00 $8,100 00 SUBTOTAL $94,000 00 ENGINEERING $6,000 O0 SURVEYING $5,000 O0 INSPECTION $2,000 00 CONTINGENCY $9,000 00 PROJECT TOTAL $116,000 O0 Capital Improvements Project ProJect T,tle, Development Plan Waterhnes Account 620 081 0461 Acttvtty/FERC 0000 Project Type Growth Project Scope Every Year Project Group Assignment 7 - Development Plan Water Lines Description extend waterlines to committed Industflal development Actual sites to be determined as proposed Pttrpose Economic Development Funding Fiscal Year Descnpbon Comment Date Oblect Code Amount 2001 'iConstructmn I 1/1/01 I 9114 I $125,000 ~0 2001 lC°nstrucb°n 1/1/01 9138 $125 000 O0 2002 ~Construcbon 1/1/02 9114 ~ $125 000 O0 1 / 1/02 9138 $125,000 O0 20032002 ~irucbon~C°nstructmn -+ 1/1/03 9114 I $125 ~)0600 2003 ~lConstrucbon + 1/1/041/1/03 9138 i- $125,000 O0 2004 iConstrucbon 9114 ~ $125 000 00 - 2004 IConstruc~on I 1/1/04 9138 I 2005 [Construcbon I 1_/?05~__. 9114 , $12500000 2005 ~Construcbon I _ 1/1/05 9138 $125,000 O0 Revenue Total Project Total ~1 ~50000 O0 Comments Monday, October 02, 2000 EXHIBIT IV ,I Capital Improvements Project Project T,tle Development Plan Sewerlines Account 625082-0471 .4cttvtty/FERC o00o Project Type Growth Project Scope Every Year Prelect Group Asslgtlmenl 6 - Development Plan Sewer Lines Descrtptton To extend sewerhnes to committed industrial develOpments Actual sites to be determined as proposed Purpose To establish waetewater utilities ~n undeveloped areas of the cdy to promote ~ndustdal development City will pay the cost of constructing an off-sita S S line to an mdualflal development and recover the cost from future revenue and city growth Fundtng F~scal Year Description Comment Date Object Code Amount ..... --- ~__ ~ lO/1/oo ~ 9114 ~ $25ooooo~ 20022001 'Construction'C°nstrucb°n ~ , - i 10/1/01 9114 I $2500~000 2003 iConstrucbon I ~ 10/1/02 I 9114 I $250 0-00 O0 ~04 Construchon -- I - t 10/1/03 ----9-11~- ..... ~-2-50 000 00 2005 iConstructl~n i _ ~ 10/1/04 ~ 9114 $25000000 , /~e;*-..TYo[a/ $1 250 000 oo Project Total [ $1,250,000 O0 Comments Monday, October 02, 2000 ' ' Agenda Item_ AGENDA INFORMATION SHEET AGENDA DATE: December 19, 2000 DEPARTMENT. City Manager's Office CM: Michael W Jez, CltylManager SUBJECT Receive a report, bold a discussion and give staff direction regarding the Council 2001 meeting calendar BACKGROUND The 2001 C~ty Council Calendar has been prepared for Council consideration allowing for 5th Tuesdays and conference schedules Staff recommends estabbshlng a Council committee to work with staff in determunng a date, location, and agenda for the Council's annual planmng session DRAFt 2001 CITY COUNCIL MEETING DATES January 2 Regular Meeting January 9 Work Session January 16 Regular Meeting U $ Conference of Mayors, D C, 1/17-19 January 23 Work Session January 30 No Meeting 5th Tuesday February 6 Regular Meeting February 13 Work Sesston February 20 Regular Meeting February 27 Work Session Damon County Days, 2/26-27 March 6 Regular Meeting March 13 (CANCEL) Work Sesston Na~t'l League of C~tles, D C, 3/9-13 March 20 Regular Meeting Sprmg Break 6/19-23 March 27 Work Session April 3 Regular Meetmg April 10 Work Sessmn April 17 Regular Meeting April 24 Work Session May 1 Regular Meeting May 8 Electron Meetmg Insufllatlon of CC Members Only May 15 Regular Meetmg May 22 Work Session May 29 No Meettng 5t~ ,Tuesday June 5 Regular Meetmg June 12 Work Session June 19 Regular Meeting June 26 Work Sesston U 8 Conference of Mayors, Detroit, 6/22-26 July 3 (CANCEL) Regular Meeting FoBrth of July Holiday July 10 (CANCEL) Work Sessmn Council recess July 17 Regular Meeting July 24 Work Sessmn July 31 No Meetmg 5th Tuesday August 7 Regular Meeting August 14 Work Sessmn August 21 Regular Meeting August 28 Work Session September 4 Regular Meeting September 11 Work Session September 18 Regular Meeting September 25 (CANCEL) Work Session ICMA, Salt Lake City, 9/23-26 2001 CITY COUNCIL MEETING DATES October 2 Regular Meeting October 9 Work Session October 16 Regular Meeting October 23 Work Session October 30 No Meettng 5~ Tuesday November 6 Regular Meeting November 13 Work Session November 20 No Meettng Thanksgiving November 27 Regular Meeting TML, 11/28-12/1-Houston December,4 Regular Meeting (Tent) NI~C, 12/4-12/8, Atlanta December 11 Work Session December 18 Regular Meeting December 25 No Meettng Christmas Revised 12/04/00 City of Demon, Texas ANNUAL INVESTMENT REPORT For Ftscal Year Ended September 30, 2000 Mmhael W Jez Ct~y Manager Kathy DuBose, CPA, CGFO Assistant Ctty Manager Ftscal& Mumczpal Servtces Prepared By D~ana Omz, CGFO, CMFA D~rector of F~scal Operations Lee Ann Bunselmeyer Cash & Debt Administrator ANNUAL INVESTMENT REPORT TABLE OF CONTENTS TRANSMITTAL LETTER Statutory and Pohcy Requtrements Depository Banking Arrangement Investment Accounting Methodology Investment Program Accomphshraents & Goals PORTFOLIO SUMMARY Public Funds Investment Act Comphance Report 1 Portfolio Summary by Market Sector 4 Portfolio Summa~ by Broker/Dealer 5 Portfoho Summary by Maturity 6 Portfolio Summary by Fund Type 7 COLLATERAL ANALYSIS Collateral Summary-Fa:st State Bank 8 Collateral Summary-Texas Bank 9 Collateral Summary-Bank One l0 PORTFOLIO ANALYSIS Interest Income Analys~s 11 Invested Balance Compartson 13 Arbitrage Review 15 APPENDIX Appendix A- Monthly Investment Report-Period endtng September 30, 2000 Appendix B-Monthly Compliance Reports for Fiscal Year, 1999-2000 Appendix C- Glossary DENTON F~scal and Mumc~p#l Se~ vtce~ a 215 E McKmney ~ Denton, Texas 76201 (940) 349-8288 * DFW Met~o (972) 434-2259 * Fax (940) 349-7206 December 12, 2000 TO The Honorable Mayor and Members of the City Council The Annual Investment Report m written in accordance with state statutes, specifically the Pubhc Funds Investment Act, sectmn 2256 of the Texas Government Code as amended In 1999 This report ~s presented to comply with the City's ~nvestment policy that states" Within mnety (90) days of the end of the Fiscal Year, the Duector of Fiscal Operations shall present a comprehensive annual report to the City Council on the investment program and ~nvestment activity" I STATUTORY AND POLICY REQUIREMENTS On February 17, 1987, a resolution was passed to adopt a formal ~nvestment pohcy for the C~ty of Denton The Investment Policy is reviewed each year as required by state law The Investment Committee recently approved a revision on October 2000 The policy designates the Assistant City Manager of F~$cal & Mumclpal Services as being responsible for the City's ~nvestment program The Assistant City Manager of F~scal & Mummpal Services is also responsible for establishing written procedures for the operation of the program These procedures include the explicit delegation of authority to persons who carry out the dmly investment transactions Currently, the Assistant City Manager of Fiscal & Municipal Services has made this delegation of authority to the D~rector of Fmcal Operations Investment officmls have the authority to ~nvest all City funds with the exception of funds contributed to the Texas Municipal Rettrement System (TMRS), the Ftremen's Pension Funds of the City of Denton, other funds established by the City for deferred employee compensation, revenue bond escrow funds and certain private donations These funds are managed by outside investment managers and admlmstrators and momtored by the F~scal & Mm~clpal Services Department Dedwated to Oualtty St'tvtt e www ctt. gofdentO# corn The funds of the C~ty of Denton, Texas, are invested m compliance w~th Art~ 842(a-1) entitled the "Public Funds Investment Act" of the Texas Government Code Staff annually remews the pohcy gmdelmes and object~ves to ensure complmnce w~th the changes m state law and wnth the investment strategtes adopted by the C~ty Council as summanzed below ~n order of ~mportance A Safety - Investments are restricted to U S Treasuries, U S Agencnes, d~rect obhgat~ons of the State of Texas and its agencies, fully lnsured/collaterahzed certfficates of deposit, and fully collaterahze d d~rect repurchase agreements The polncy also addresses types of securities not permitted Investment adwsors and brokers must state m writing that they have received, rewewed and understand the C~ty's Investment Polncy, and, that they will follow these gmdehnes Furthermore, the Investment Committee must approve each broker before any investment transactnon ns executed w~th the Ctty All bank deposits and investments of the Cay shall be secured by pledged collateral Collateral ~s momtored daffy and reported monthly to assure the market value of the secuntnes pledged exceeds ~nvestments and/or the related bank balances B L~qm&ty - Investment maturities are matched wath forecasted cash flow reqmrements to minimize security sales prior to maturity C D~vers~ficatmn - Investments are d~verslfied by security types, maturity, and broker/dealer to protect interest income from the volatility of ~nterest rates and the avmdanee of undue concentratmn of assets ~n a spemfic maturity, sector, or broker/dealer D Maturtty- Estabhshed weighted average portfolno maturities may not exceed 365 days for operating and speeml project funds, 550 days or less for debt servnce funds, and 650 days or less for reserve funds, City Council approval ~s reqmred for any maturity exceeding five years E Yteld- The Cay ns to receive a y~eld h~gher than a comparable maturity treasury bill for taking non-treasury risk The first measure of success m th~s area will be the attainment of sufficient interest ~ncome to offset ~nflatlonary ~ncreases II DEPOSITORY BANKING ARRANGEMENT Depository services should support the object~ves of the C~ty's cash management program Those obJect,yes are to maxnm~ze ~nvestment yield after satnsfy~ng the goals of safety and hqmd~ty A depository services contract ~s reqmred for mttes The C~ty of Denton recently approved a new bank depository contract wnth Texas Bank The Federal Home Loan Bank of Dallas serves as the C~ty's safekeeping ~nstltutlon and acts as a third party eustodtan There are three significant cash management services that are prowded to the Cny These services are (1) a control concentraUon/sweep account, (2) the controlled d~sbursements system, and (3) the on-hne cash management system These automated services facilitate full utfl~zatxon of available cash thus maxam~zlng ~nterest ~neome In addlt~on, the City contracts w~th Bank One for lockbox services Th~s service provides an addmonal cash management tool for expe&fing deposits and revenue generation III INVESTMENT ACCOUNTING METHODOLOGY The accounts of the C~ty of Denton are maintained on the bas~s of funds or account groups, each of which is considered a separate accounting entity Therefore, each fund ~s ~nvested separately if it mamtmns sufficient balances The ~nvestment activity of each fund ~s summarized ~n the tables presented ~n tl~s report IV INVESTMENT PROGRAM ACCOMPLISHMENTS AND GOALS A Accomphshments Dunng the past fiscal year, the cash and ~nvestment program aecomphshed several major ~mtmtlves Some of themllnclude the following Developed Cash Handling program and rewsed Cash Handling Regulations Policy Received certification of Denton's Cash Handhng Program by the Mumc~pal Treasurers' Assocmtlon ofU S & Canada Trained over eighty employees responsible for the cash functions Purchased cash registers for Ammal Control, Police Records, and Bmldmg Inspectmns to ensure cash control and proper recording Secured new bank depository coyitract with Texas Bank Installed an automated teller machine (ATM) m the Pohee Department Lobby prowdmg easy access for c~tlzens Expanded the credit card aecel~tance program by accepting MasterCard and Visa Also, expanded the namber of locations from four to seventeen sites that may accept payment with these credit cards Completed all petty cash and change drawer au&ts Rewewed and adopted mvestm~at policy w~th mlmmal changes B Goals Cash Tramtng- Prowde follow-up cash certfficatlon training for all new fund custodians and supervisors The sessions include training on performance standards, cash handler responsibilities, currency recognmon, check fraud, dmly cashier operations, petty cash operations, security procedures, loss prevention and the cash handling regulations policy Investment Training- All investment officers and support staff must complete ten hours of investment training as required by state law Cashflow Forecast- One of the most nnportant aspects of cash management is the attainment of a healthy eashflow A cashflow forecast Is needed to assist ~n the analysis of the cash of investments Interest Income - Th~s report ~neludes the earnings generated through investments Staff ~s continuously faced w~th the challenge of mmntmmng the current level of earmngs in an uncertain rate enwronment Changes tn State Law - State LeglslaUon has changed investment law each session smee 1987 The next session is scheduled in 2001, and, it ~s probable that addmonal changes to the law regarding Investments will be proposed The enclosed Annual Investment Report is m compliance with the ~nvestment strategies adopted by the City Council as well as m accordance w~th the relevant prows~ons of the Tex Gov't Code Ch 2256 The objectives adopted by the City Council will continue to drive the ~nvestment program m the next fiscal year in order to achieve maximum protecnon of pubhc funds Assistant C~ty Manager Director of Fmcal Operations F~scal & Mummpal Services ANNUAL INVESTMENT REPORT For Fiscal Year Ending September 30, 2000 % Of Secunty Type Mkt to Book Par Value Book Value Market Value U S Federal Agency-Coupon 99 69% $122,290,000 $121,955,227 $121,577,660 U S Federal Agency -D~scount 100 04% 21,000,000 20,549,721 20,558,075 U S Federal Agency -Callable 99 57% 86,471 000 66,352,991 68,065,314 U S Treasury Securltes-Coupon 99 94% 4,500,000 4,487,152 4,484,318 Money Market 100 00% 1,000,000 1 000,000 1,000,000 9969% ~2'~5,261,000 ~214r345~090 $213~685,367 PORTFOLIO SUMMARY REPORT Beginning Par Value as of g/3111999 $165,935,000 Beginning Book Value as of 9/3111999 $165,790,735 Beginning Market Value aa of 913111999 $164,139,843 *WAM at Beginning Date (Days) 495 Ending Par Value as of 9/30/2000 $215,261,000 Ending Book Value aa of 9/30/2000 $214,345,090 Ending Market Value as of 9/30/2000 $213,685,367 *VVAM at Ending Date (Days) 464 Change to Market Value $49,545,525 The Portfolio increase ia due to the receipt of bond proceeds in Apnl and May This report is in full compliance with the investment strategy as established for the Investment Portfolio and the Public Funds Investment Act (Chapter 2256 023) Kathy DuBoeeU z Assistant City Manager Director of Fiscal Operations Revfewed By 0 Scott Mclntryra Lea Ann Bunselmeyer First Southwest Asset Management Cash & Debt Administrator Annual Investment Report Investment Strategies Compliance Report For Fiscal Year Ending Septer~ber 30, 2000 OPERATING FUNDS The ~nvestment strategy for operating funds and commingled pools conta~mng operating funds have as their pnmary objective to assure that anticipated cash flows are matched w~th adequate investment hqu~d~ty The secondary objective to structure a portfolio, which vail minimize volatility during economic cycles Th~s may be accomplished by purchasing h~gh quality, short-tarm securities, which will compliment each other in a laddered maturity structure A dollar weighted average maturity of 365 days or less will be maintained and calculated by using the stated final maturity date of each security Beginning Book Value aa of 913111999 58,378,708 Beginning Market Value aa of 9/31/1999 58,052,538 WAM at Beginning Date 373 Ending Book Value as of 9130/2000 43,801,281 Ending Market Value aa of 9/30/2000 43,683,630 Unrealized Galn/(Loss) (117,651 ) Change to Market Value (*) (14,368,908) WAM at Ending Date 240 WAM Policy Benchmark 365 · Funda designated as "Rate Stabilization Rssefves" were recless~ed for investment atrategy purpon~ and only affecte the investment repot1 BONDFUNDB investment strategies for debt service funds shall have aa the pnmary object~ve the assurance of investment liquidity adequate to cover the debt sewice obligation on the required payment!date Securities purchased shall not have a stated final maturity date which exceeds the debt service payment date A dollar weighted average maturity of 550 days or less will be maintained and calculated by using the stated final maturity date of each security Beginning Book Value as of 9131/1999 52,238,393 Beginning Market Value aa of 9/31/1999 51,732,484 WAM at Beginning Date 567 Ending Book Value as of 913012000 102,847,084 Ending Market Value as Of 9/30/2000 102,831,344 Unrealized Gain/(Lcaa) (1 fi,740) Change to Market Value 51,098,860 WAM at Ending Date 506 WAM Policy Benchmark 550 2 RESERVE FUNDS investment strategies for debt serv~ca reserve emergency and contingency funds shall have as the primary objective the ability to generate a dependable revenue stream to the appropriate fund from cecuntms wrih a iow degree of volatility Secunt~ee should be of high quahty and, except aa may be required by the bond ordinance specific to an ~ndividual ~ssue, of short to intermediate-term maturities with stated final matuntles not exceeding five (5) years Volatihty shall be further controlled through the purchase of securities carrying the highest coupon avmlable, within the desired maturity and quahty range, without paying a premium, if at alt possible Such secuntms wdl tend to hold their value during economic cycles Beg;nmng Book Value as of 9/3111999 54,582,856 Beginning Market Value as of g/31/1999 53,766,474 WAM at Beginning Date 560 Ending Book Value as of 9130/2000 66,359,795 Ending Market Value as of 9/30/2000 65,834,509 Unrealized Gainl(Lose) (525,287) Change to Market Value (*) 12,068,035 WAM at Ending Date 555 WAM Policy Benchmark 6fi0 * Funds designated es "Rate Stabilization Rosettes' were rectess#'led for investment strategy purposes and only affects the investment report CONSTRUCTION AND SPECIAL PURPOSE FUNDS Investment strategies for construction projects or special purpose fund portfolios will have as thetr primary objective to assure that anticipetad cash flows are matched with adequate investment hqu~dity These portfolios should include at least 10% m 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 comp~t~on date A dollar we~ghtad average maturity of 365 days or less will be maintained and calculated by using the stated'final maturity of each security Beginning Book Value as of 9131/1999 590,778 Beginning Market Value as of 9/31/1999 588,346 WAM at Beg~nning Date 302 Ending Book Value as of 9/30/2000 1,336,930 Ending Market Value aa of 9/30/2000 1,335,884 Unrealized Gainl(Lose) (1,046) Change to Market Value 747,538 WAM at Ending Date 88 WAM Policy Benchmark 365 3 Annual Investment IReport Por~Yollo Summary By Market Sector Ist Quarter 2nd Quarter 3rd Quarter 4th Quarter Market Sector Dec 31, 1999 March131, 2000 June 30, 2000 Sept 30, 2000 U S Federal Agency -Coupon $90,695,000 $94,445,000 $110 785,000 $122,290,000 U S FederalAgency-Discount 20,000,000 13,000,000 40,500,000 21,000,000 U S Federal Agency-Callable 31,650,000 ,38 900,000 59 321,000 66,471 000 U S Treasury Secur~tes-Coupon 3,000,000 4,000,000 4,500,000 4,500,000 Money Market 5,000,000 3,500,000 1,500,000 1,000 000 ~150~345,000 $153~845~000 ~;216,606,000 ~215,261~000 As of September 30, 2000 m Treasury r'qAgency Callable Coupon 30 88% 2 09% · Agency D~scount 9 76% · Money Market 0 46% MAgency Coupon 56 81% The portfolio ~s rastr~cted to U S Traasunes (maturing ~n less than five years), U S Agencies, (maturing In less than two years), bonds issued by Texas public ent~t~es and rated AA Or better (matunng ~n less than two years), fully ~nsurad/collateral~zed certificates of deposit (maturing ~n less than one year), and fully collateral~zed repurchase agreements (matunng ~n less than thirty days) The ~nvestments are d~vers~fied by secunty type to protect interest income from the volatility of ~nterast rates and to protect the portfolio from the risk of pnnclpal loss ~n any one market Policy 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Performance Indicators Benchmark Dec 31, 1999 Mareh 31, 2000 June 30 2000 Sept 30, 2000 Average Y~eld to Matunty 5 60% 8 76% 6 33% 6 44% Policy Benchmark _> 5 67% 6 10% 6 23% 6 25% Investment By Type _< U S Traasurles 100 00% 2 00% 2 60% 2 08% 2 09% U S Agencies 100 00% 94 68% 95 12% 97 23% 97 44% Money Market 50 00% 3 33% 2 28% 0 69% 0 46% 4 Annual Investment Report Portfolio Summary By Broker/Dealer 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Broker/Dealer Dec 31, 1999 March Sl 2000 June 30, 2000 Sept 30, 2000 Banc One Capital Corp* $20,500,000 $20,500,000 $22,900 000 $23,500,000 Everen Securities 41,000,000 40,000,000 40,000,000 $35,150 000 Prudent~al 3,000,000 0 0 0 First Southwest Co * 26,685,000 31,185,000 30 115,000 34,265,000 Mernll Lynch* 6,500,000 6,500 000 7,000,000 7,000 000 Federated Investors* 5,000,000 3,500,000 1 500,000 1,000,000 Service Asset Mgt* 11,000,000 8,000,000 21,500 000 18,500,000 Shay F~nanc~al* 13,500,000 12,500,000 36 550,000 36,805,000 V~nmg-Sparks* 19,160,000 19 160,000 18,160,000 17,660,000 Z~ons Bank* 2,000,000 2,000,000 2,000,000 2,000,000 JW Genes~s* 2,000,000 10 500,000 36,881 000 39,38'1,000 $150~3451000 $153,845,000 $216,606,000 $215~261,000 (*) Denotes Active Brokers for Fiscal Year 1999-2000 As of September 30, 2000 n JW Genes~s* 18 29% _ Banc One ia 10 92% Everen I!! 16 33% ! Z~ons Bank 0 93% m F~rst Southwest 15 92% iVmmg-Sparks Shay BServ~ceAsset BFederated iiMernll Lynch B 17 10% Mgt Investors 3 25% 8 20% 8 59% 0 46% To guard against default possibilities, and to assure d~vers[ficatlon of b~dders, bus~ness w{th any one tssuer, or investment broker, ~s hmlted to forty (40%) percent of the total portfolie at any point ~n t~me As shown ~n the graph, the portfoho adhered to th~s provision throughout the fiscal year More than seventy (70%) percent of our portfoho was purchased from five (5) brokerage firms This dlustrates a very good level of competition We beheve that the ~ncreased compeht~on w~ll result m h~gher y~elds Policy 1st Quarter 2nd,Quarter 3rd Quarter 4th Quarter Performance Indicators Benchmark Dec 31, 1999 March 31, 2000 June 30, 2000 Sept 30, 2000 H~ghest Broker Percent _<40% 27 27% 26 00% 18 47% 18 29% 5 Annual investment Report Portfolio Summary By Maturity 1 st Quarter 2nd Quarter 3rd Quarter 4th Quarter Maturity Time Frame Dec 31, 1999 Marchi31, 2000 June 30, 2000 Sept 30~ 2000 00-06 Months $46,500,000 $37,850,000 $87,095,000 $76,845,000 06-12 Months 46,895,000 53,345 000 42 000,000 27,550,000 12-18 Months 6,500,000 4,000,000 22,980,000 37,580,000 18-24 Months 10,500,000 15,000,000 23,071 000 18,571 000 24-30 Months 7,000,000 7,000 000 6,650,000 12 500,000 30-36 Months 5,150,000 7 150,000 2,000 000 12,650,000 36 & Over 28,000,000 29,500 000 32,810 000 29,565,000 $150,3451000 $1~3,845~000 $216,606,000 $215,261r000 As of September 30, 2000 · 30-36 Months ==24-30 Months 5 88% 5 81% m 18-24 Months 8 63% · 36 & Over 13 73% [312-18 Months · 06-12 Months aa 00-06 Months 17 46% 12 80% 35 70% The risk of market pnce volat~hty ~s controlled through maturity d~vers~ficat~on The matuntres on our ~nvestments ara staggered over a series of slx-month incraments As shown m the graph, more than th~rty-five percent (35%) of our ~nvestments w~ll mature w~th~n the next s~x months Apprcx~mately twenty-five percent (25%) of the portfoho matures m terms greater than two years but tess than five Th~s ~s achieved through the use of reserve funds The maturity pattern of the ~nvestments was primarily selected to match the d~sbursement requirements of the C~ty which helps prevent the need to hquidate or sell A major challenge for the ~nvestment program was efficiently ma~nta~mng an appropriate level of hqu~d~ty w~thout exceeding the collateral level at the C~ty's depce~tory Pohcy 1st Quarter 2nd' Quarter 3rd Quarter 4th Quarter Performance ind~cetors Benchmark Dec 31, 1999 Marclt 31, 2000 June 30 2000 Sept 30, 2000 Weighted Avg Maturity _< 550 525 00 517 00 440 00 464 00 Matunbes <30 days _> 5 00% 6 66% 8 12% 5 77% 7 12% Annual Investment*Report portfolio summary By FUnd Type 1st Quarter 2nd ~uarter 3rd Quarter 4th Quarter Fund Type Dec 3% 1999 March~l, 2000 June 30 2000 Sept 30, 2000 Operabng Fund $49,780,000 $36,330 000 $48,870,000 $43,970 000 Bond Fund 52,650 000 61 650 000 103,371 000 103,426 000 Reserve Fund 47,315,000 55 065,000 63 265,000 66 515,000 Special Fund 600~000 , 800~000 1,100,000 1,350,000 $150,345,000 $153,845,000 $216,606~000 $215~261,000 As of September 30, 2000 I Operabng Reserve Fund Fund 30 90% 2O 43% EiSpec~al Fund · Bond Fund 0 63% 48 05% As shown in the graph above, the majority of the investments ~n the portfolio are for Bond Fund The increase is due to the ~ssuance of approximately $50 mllhon in bound proceeds Policy 1st Quarter 2nd IOuarter 3rd Quarter 4th Quarter Performance Indicators Benchmark Dec 31~ 1999 Marcl] 31,2000 June 30, 2000 Sept 30, 2000 WAM by Fund <_ Operating Fund 365 427 344 286 240 Bond Fund 550 499 [446 399 506 Reserve Fund 650 661 710 629 555 Special Fund ~ 365 209 527 166 88 Annual Investment, Report First State Bank - Collateral Review Coupon 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Securities Rate Dec 31, 1999 MarCh 31,2000 June 30, 2000 Sept 30, 2000 GNMA 7 00% $684,888 $0 $0 $0 League C~ty Tx Co 4 90% 0 323,358 327,733 332,400 Fr~sco Tx Co 4 50% 0 389,232 396,149 403,101 To[al Collateral $684,888 $712,590 $723,882 $735,501 Average Checking Account Balance $52,151 $62,461 $161,855 $207,083 Ending Check~n~l Account B~!~nce 53,640 61,052 161,051 171,472 As of September 30, 2000 · League City El Frisco Tx Co Tx Co 55% 45% Chapter 2257 of the Local Government Code outlines the requirements for collateral protecbon In addition, Tex Rev Clv Stat Ann Art 2560 raqu~res that within five days after the selecbon of a depository bank, that bank must e~ther file a surety bond w~th the City or pledge authorized collateral w~th a value of at least 100% of the total deposits held w~th them F~rst State Bank pledged a Umted States Treasury Note as collateral to the C~ty Th~s collateral ~s held w~th Texas Commerce Bank (third party custodian) under a joint safekeeping agreement The accounts were over-collateral~zed at fiscal year-end by $528,417 or 428 93% In addition to the pledged collateral listed above, the C~ty was covered by the Federal Deposit Insurance Corporabon (FDIC) w~th $100,000 of ~nsurance The collateral pos~bon ~s momtored da~ly and reported monthly to assure 100% coverage of the funds Policy 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Performance Indicators Benchmark Dec 31, 1999 March 31, 2000 June 30, 2000 Sept 30, 2000 Collateral[zed Amount >_ 100% 1276 82% 1167 19% 449 47% 428 93% Annual InvestmentlReport Texas Bank - Collateral Review Coupon 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Secur~bes Rate Dec 31, 1999 Marc~ 31, 2000 June 30, 2000 Sept 30, 2000 FHLMC 7 00% $1,869,520 $1,762,881 $1,706,720 $1,653,466 FNMA 7 00% 1,689,677 1,593,204 1,535,574 1,517,535 FNMA 6 50% 659,155 627,827 604,368 0 FNMA 6 50% 745,711 713,571 688,778 0 FNMA 6 50% 0 0 919 460 899,844 FHLMC 6 31% 1,097,264 1,063,933 1,034,041 1,054,370 GNMA 7 00% 690,383 658,972 646,814 0 FNMA 6 41% 1,020,071 972,715 970,091 884,015 262,621 261,564 0 FHLMC 7 27% 265,137 ~ Total Collateral $8,036,918 ~ $7,655,724 $8,367,410 $6,009,229 Average Checking Account Balance $3,969,925 $3,514,003 $2,825,980 $2,713,741 Ending Checking Account Balance 2,146,034 2,162,686 849~934 2,362,554 As of September 30, 2000 FNMA ! FHLMC 14 71% 27 52% · FNMA · FHLMC 25 25% 17 55% [:3 FNMA · FNMA 0 00% 14 97% Chapter 2257 of the Local Government Code outhnes the requirements for collateral protecbon In addition, Tax Rev C~v Stat Ann Art 2560 requires that w~th~n f~ve days after the selecbon of a depos tory bank, that bank must e~ther file a surety bond w~th th~ C~ty or pledge authorized collateral wtth a value of at least 100% of the total deposits held w~th them Th!s collateral ~s held w~th Federal Home Loan Bank of Dallas (third party custodian) under a joint safekeeping lagreement The accounts were over-collaterahzed at fiscal year-end by $3,646,675 or 254 35%l In addition to the pledged collateral hsted above, the City was covered by the Federal Depomt Insurance Corporation (FDIC) w~th $100,000 of ~nsurance The collaterai position ~s monitored da~ly and reported monthly to assure 100% coverage of the funds Pohcy 1st Quarter 2r~d Quarter 3rd Quarter 4th Quarter Performance Indicators Benchmark Dec 31, 1999 March 31, 2000 June 30, 2000 Sept 30, 2000 Collateral~zed Amount >_ 100% 374 50% 353 99% 984 48% 254 35% Annual Investment Report Bank One - CollaterallReview Coupon 1st Quarter 2n~J Quarter 3rd Quarter 4th Quarter Secunt~es Rate Dec 31, 1999 Mar~h 31, 2000 June 30, 2000 Sept 30, 2000 Canubllo Tx Ind Sch D~st 4 20% $114,044 $0 $0 $0 Small Bus~ness Pool 8 38% 402,668 0 0 0 US Treasury Note 5 75% 400,002 397,848 399,115 402,720 Total Collateral $916,714 I $397,848 $399,115 $402,720 Average Che<3k~ng Account Balance $158,013 $158,013 $180,860 $249,505 End~n~l Checkin~l Account Balance 281,204 281 ~204 170,867 296,998 As of September 30, 2000 13 U8 Treasury Note t00% Chapter 2257 of the Local Government Code outlines the requirements for collateral protection In addition, Tex Rev C~v Stat Ann Art 2560 requires that w~th~n five days after the selecbon of a depository bank, that bank must e~ther file a surety bond with the C~ty or pledge authorized collateral w~th a value of at least 100% of the total deposits held w~th them Th~s collateral ~s held w~th Bank One The lockbox accounts were over-collateral~zed at fiscal year-end by iS 105,721 or 135 60% In addition to the pledged collateral hsted above, the C~ty was covered by the Federal Deposit Insurance Corporation (FDIC) w~th $~100,000 of ~nsurance The collateral poslt~on ~s momtored da~ly and reported monthly to assure 100% coverage of the funds Pohcy 1st Quarter 2~d Quarter 3rd Quarter 4th Quarter Performance,Indicators Benchmark Dec 31, 1999 MaTch 31, 2000 June 30, 2000 Sept 30, 2000 Collaterahzed Amount >_ 100% 326 00% 141 48% 233 58% 135 60% 10 CITY OF DENTON INTEREET INCOME AN~4L Y$1S Budgeted Un-Audited Variance 1999-00 Actual Vadance Fund Name FY 1999-00 FY 1999-00 Budget vs Actual FY 1998-99 Actual va Actual OPERATING FUNDS 100 Generel Fund* $ 810,000 $ 908,693 $ 98,693 $ 868,623 $ 40,070 261 Recreation Fund 11,000 7.047 (3,953) 10,084 (3,037) 610 Electric Fund * 3,500,000 3,746,067 246,067 3,640,860 105,207 620 Water Fund * 1,638,273 2,134,598 498,325 1,628,216 506,382 625 Wastewater Fund * 768,885 1,113,453 347,568 806,783 306,670 630 Solid Waste 315,995 262,408 (53,589) 258,146 4,260 680 Building Inspection Fund 0 22,185 22,185 3,273 18,912 720 Motor Pool 300,000 343,281 43,281 292,469 50,813 770 Tach Services Fund 0 44.649 44,649 0 44,649 740 Risk Management Fund 300~000 305~81~ 5r814 298~246 7~568 · ln~u~e~OebtSewe*lnter~t $ 7,639,153 $ 8,888,194 $ 1,249.041 $ 7,806,700 $ 1,081,494 BOND FUNDS 412 Joint Construction Denton Co $ 26,650 $ 25,551 $ 1,099 432 Street Improvement 5,933 21,766 (15,833) 437 GIS& Telephone Systems 0 1,483 (1,483) 440 Street Improvement Bond '85 8,174 28,892 (20.719) 441 1987 General Obligation 0 1,319 (1,319) 443 1988 General Obligation 0 0 0 444 1989 General Obligation ~) 0 0 445 1992 Contractual Obligation 0 0 0 446 1992 General Obligation 9,060 13,010 (3,980) 449 1993 General Obligation 0 0 0 450 1993-A Certificate of Obligation 0 0 0 451 1994 Certificate of Obligation 0 1,648 (1,648) 452 1995 General Obligation 55,000 65,358 (10,358) 453 1996 General Obligation 41,92t 55,636 (13.715) 454 1996 Certificate of Obligation 0 10,381 (10,361) 455 City Hall Renovation 0 7,467 (7,467) 457 One Time Building Needs 5,307 0 8,307 458 One Time Needs 0 0 0 459 1997 General Obligation 78,450 115,881 (37,431) 460 1998 Certificates of Obligation 81,632 215,381 (133,749) 461 1998 General Obligation 3t0,069 483,024 (172,955) 462 1999 General Obligation 360,679 243,481 117,198 464 2000 Geceral Obligation 206,776 152,864 53,912 468 Technology Fund t5,8§2 12,473 3,379 469 Research Blvd 6,040 28,357 (22,317) 473 Furniture Fund 7,550 0 7,580 477 2000 Certificate of Obligation 92,587 0 92,567 478 2000 General Obligation 60,201 0 60,201 633 1995 Certificate of Obligation 4,299 0 4,299 634 1996 Certificate of Obligation 99,942 128,248 (28.306) 635 1999 Ceriiflcate of Obligation 32,206 0 32,206 665 Water Impact Fees 110,60t 1,309 109,292 677 Wastewater Impact Fees 9,854 0 9.854 690 2000 Drainage Revenue Bonds 69,929 0 69.929 726 29,250 0 29,250 771 1998 CO- Tach Sewicae 30~8~!1 0 30~861 $ 1,758,603 $ 1,587,989 $ t70,844 11 CITY OF DENTON INTEREST INCOME ANALYSIS Budgeted Un Audited Variance 1999-(X} Actual Variance SPECIAL PROJECT FUND~ 201 Hotel/Motel Funds $ 19,299 $ 19,458 (159) 213 CDBG 77 267 (190) 249 Local Law Enforcement Block Grant 0 2,412 (2 412) 821 Park Land Dedication Trust 7,550 3 111 4,439 822 Park Development Trust Fund 43,573 6,569 37,004 Miac Income 6,670, 11,841 (5,171 ) $ 77,169 $ 43,659 $ 33511 $ 10~723,9671 $ 9,438,318 $ 1,285,649 FIVE YEAR INCOME COMPARISON $15,000,000 ~' *~ ~ $ o,ooo,ooo $5,000,000 ~,, ~,+,, 1 a ~ 1 ~5-96 $7,129,~'~9 a FY 19~97 $8,123,~02 B FY 1997-98 $8,336,~00 D ~ 1998-99 $9,438,318 B ~ 1~9-00 $10,723,~7 - T~ table a~ ~monatmtes interest in.me ex~ ~ud~t pro. ions by $I,081,4~ ~ shown In the graph a~ve in.me has groWn at an a~e mte of appmxlmately nine paint (9~) e y~r 12 CITY OF DENTON INVEETED BALANCE COMPARISON (For Periods Ending Septe(nber 30) Un-A~dited Acf~uel Fund Name FY 1999-00 FY 1998-99 Vanance OPERATING FUNDS 100 General Fund $~.500.000 $10.500,000 ($1,000.000) 261 Recreation Fund 1160,000 60,000 100.000 610 Electnc Fund 6,250.000 20,000.000 (13,750,000) 620 Water Fund 9 500.000 10.250,000 (750,000) 625 Waetewater Fund 5 560.000 4.870.000 690,000 630 Solid Waste 6~750,000 3.650,000 3.100,000 680 Building Inspections Fund ,400,000 0 400,000 720 Motor Pool 51450.000 4.200.000 1,250,000 740 Risk Management Fund 5~250.000 5,000,000 250,000 770 Tach Services Fund 400~000 0 400~000 $ 49220.000 $ 58.530,000 $ (9,310,000) BOND FUNDS 301 General Debt Service Fund $100,000 $100.000 $0 303 General Reserve Fund 0 0 0 412 Joint Construction Denton Co, 500.000 500,000 0 432 Street Improvement 100,000 0 100.000 437 SIS& Telephone Systems 0 0 0 440 Street Improvement Bond '85 ~200,000 0 200.000 441 1987 General Obligation 0 0 0 444 1989 General Obligation 0 0 0 446 1992 General Obligation 150,000 150,000 0 451 1994 CerUticete of Obligation 0 0 0 452 1995 General Obligation 1~000,000 1,000.000 0 453 1996 General Obligation 250.000 1,000,000 (750.000) 454 1998 Certificate of Obligation 0 0 455 City Hall Renovation 0 0 0 457 One Time Building Needs 1200.000 0 200,000 458 One Time Needs 0 0 0 459 1997 General Obligation 11,500,000 1.500,000 0 460 1998 Certificates of Obligation ,250.000 2,500,000 (2,250,000) 461 1998 General Obligation 5,150.000 6.150,000 (1.000,000) 462 1999 General Obligation 6,000,000 5,000,000 1,000,000 464 1999 Certificate of Obligation 1,000.000 5,000,000 (4,000,000) 468 Technology Fund 1,,105,000 150.000 955,000 469 Research Blvd 100,000 100.000 0 473 Furniture Fund ' 150,000 0 150,000 477 2000 Certificates of Obligation 2,500,000 0 2.500,000 478 2000 General Obligation 3,500,000 0 3,500.000 611 Electric Bonds 0 0 0 612 Electric Bond Series 1990 0 0 0 614 System Emeq;lenoy Fund 250,000 250,000 0 616 Utility Sinking Fund 9,820,000 8,120,000 1,500,000 617 Utility System Reserve Fund 4,750,000 6.000,000 (1.250.000) 818 Extension & Improvement Fund 5,400,000 4.650,000 750,000 619 Elecaio Reserve 51,546,000 46,185,000 5,360,000 633 1995 Certificate of Obligation 100,000 0 100,000 634 1996 Cerbflcete of Obligation 1,650,000 1,750.000 (100.000) 13 CITY OF DENTON INVESTED BALANCE COMPARISON (For Periods Ending September ~0) Un-Audited Actual Fund Name FY 1999 00 FY 1998 99 Variance 635 1999 Cert~cete of Obhgaflon $1,000,Q00 $0 $1 000 000 663 1998 Electric Bond Fund 750 0~0 2 750 000 (2,000,000) 654 2000 ElectrIG Bond Fund 6,571 000 0 6,571,000 655 2000 Electric Bond Fund 2,500 0~0 0 2 500 000 661 Water Bond Series 1988 300 000 300 000 0 662 Water Bond Series 1989 1,400,0(~0 3 000 000 (1 600 000) 664 Army Corp of Engineers Refinancing 7,310 000 5,000,000 2,310,000 665 Water Impact Fees 2 600,000 0 2 600 000 666 2000 Water Revenue Bonds 22,930,000 0 22 930,000 675 Wastewater Bond Senes '96 500,000 1,750,000 (1 250 000) 676 1998 Wastewater Bond Fund 2 000,000 3,900,000 (1 900 000) 677 Wastewater Impact Fees 400 000 0 400,000 678 2000 Wastewater Revenue Bonds 15,860 000 0 15,860,000 690 2000 Drainage Revenue Bonds 3,000,000 0 3 000,000 771 1998 Certificates of Obhgat~on-Tech Sew 500,Q(DO 0 500,000 $ 164,691,0(D0 $ 106805000 $ 57886,000 SPECIAL PROJECT FUNDS 201 Hotel/Motel Fumls $250 000 $250 000 $0 245 Moore Building 150,000 0 150 000 249 Local Law Enforcement Block Grant 0 0 0 821 Park Dedication Trust 150,000 0 150 000 822 Park Development Trust 800,0(X) 350,000 450,000 $ I 350 0~0 $ 600,000 $ 750 000 $ 215,261,0{D0 $ 165,935000 $ 49,326,000 Invested Balance Comparison $300,0o0,000 $200,000,000 $10o,o00,00o $o 1 · FY 1995-96 $121,846 494 · FY1996-97 $129,722,000 [] FY1997-98 $159,426 000 [] FY1998-99 $165,935 000 · FY1999-00 $215,261 000 As shown m the chert above the invested balance for the City has grown st an average rate of approximately ~welve percent (12%) a year This s~nlfies that the investment program ts investing C~y funds safely and ophmizlng yields 14 The bond funds are subject to Federal Arbitrage Rebate Regulations Which raqu~ra that ~ncome earned ~n the portfolio by the C~ty that causes the yield of the portfoho to be higher than the bond y~eld paid on that debt issue must be rebated to the federal government After a three-year penod,lthese portfolios must be y~eld-rsstncted to the arbitrage y~eld In fiscal year 1999-00, the portfolio subject to y~eld restnct~on had positive arbitrage Federal regulations allow the C~ty to average positive arbitrage and negabve arbitrage for a penod of five years A detail of the arbitrage I~abfl~ty in eaoh bond Issue ~s shown ~n the table City of Denton, Texas Summary of Rebntable Arbitrage and Yield Restriction As of 9/30/00 Preliminary Numbers Rebatable Yssld Delivery Bond Par Arbitrage Restriction Total Amount Date Yield Amount Issue De~erl_~t!_fin 9/30/00 9/30/00 Paid to IRS 04/07/92 6 09% $2,630,000 General Obtnsataon, Senes 1992 & $1,325,000 Cm of ebb8 Serms 1992 (235,812 35) (18) 17,172 88 04/07/92 6 48% $4,500,000 U#hty Sys Revenue, 8e~m 1992 (82,317 48) (9) (15) 02/23/93 4 63% $1,450,000 Cert ofObhg., $~rtss 1993 (21) (18) 836.83 04/20/93 5 29% $2,975,000 General Obh~taon, Series 1993 (21) 04/20/93 5 26% $6,575,000 Utility Sys Revenue, Sertes 1993 (60,317 05) (9) 1,386 66 (19) 7,644 14 06/29/93 495% $13,315,000 OeneralObh8 Rfds,~hrlm1993-A (21) 06/29/93 $17% $27,085,000 Uttlity $ys Refunding, $erlss 1993 A 40,923.36 (9) (16) 88,800 00 06/29/93 $6,045,000 Utility Sys Rev Rfds, 8ohm 1993 B (3) -- 12/01/93 4 98% $2,705,000 Ce~ of Oblin Series 1993 A (21) 04/21/94 $3,220,000 CerC of ebbL Sones 1994 (2) (17) 03/29/95 $2,000,000 Cert of ebbs, $enen 1995 (2) (17) 03/29/95 $1,610,000 General ObitS., Senes 1995 (2) (17) 06/18/96 5 98% $5,190,000 Cert of ebb8 Series 1996 (70,067 27) 06/18/96 5 98% $2,515,000 General ebbS, Senes 1996 (35,394 26) 06/18/96 5 98% $36,510,000 Utility $y$ Rev Rfds, 8eries 1996A 61,916.31 (9) (16) 06/18/96 5 98% $2,750,000 Utflfly Sys Revenue, 8eries 1996 (13,227 30) 04/01/97 $4,700,000 General Obh~at~on Bonds, ~enes 199'/ (2) (17) 04/28/98 4 83% $7,175,000 Utthty Sys Revenue, Sorse~ 1998 126,12806 (13) 05/13/98 4 74% $5,625,000 C~rtafleates ofObhL ~fles 1998 71,f172,.q9 (13) 05/13/98 4 74% $9,660,000 Genend Obh~at~on, ~enm 1998 194,640 78 (13) 08/25/98 5 13% $36,795,000 Utd~ty Sys Rev Rfd~, ~enss 1998A S9,d71 68 (9) (13) Cit~ of Denton, T~xas Summary of Rebatable Arbitrage and Yield Restriction As of 9/30/00 Preliminary Numbers Rebatable Yield Delivery Bond Par Arbitrage Restriotlon Total Amount Date Yield Amount Issue Description 9/30/00 9/30/00 Paid to IRS 08/25/98 5 13% $7,640,000 Utthty Sys Rev Rfds, Series 1998B 8~340 00 (9) (13) 05/06/99 4 63% $8,215,000 General Obh~tmn Bonds. Sones 1999 28,952 10 (22) (13) 05/06/99 4 63% $6,935,000 Cemfioates of Obh~ntlon, Series 1999 79,919 25 (22) (13) 05/06/99 4 65% $7,020,000 General Obhgatren Refunthng Bonds Series 1999A 135 02 (5) (13) 05/2:3/00 550% $51,085,000 UtthtySys Rovenue, Senes2000A (22) (13) 05/23/00 5 50% $3,795,000 Utlhty Sys Revenue, ~enes 2000B (22) (13) 06/06/00 5 62% $3,125,000 Cert~fi~tes of Obhgatmn. Series 2000 (22) (13) 06/06/00 5 62% $3,750,000 General Obhg, Sones 2000 (22) (13) ]Total (~t.~!~!~e I~[m~a h!a Arbltra~e 671,996 1~ [ [ 1~386 66 [ 620,731 ..~ (]) Fmnl habthty calculated by prior o~lenlat~on asent (2) Met small issuer exe0ptren (3) T~xable ~ssue- Not 8ubjeot To Rebate (4) Pa~d 90% of hab~l~ty m tho amount of $47,477 70 on 1/27/95 (5) Advanced Refimd~n8 possible transferred pro.ends (6) Assumes No Transferred Proeends from 84 & MA Per No ArbdraSo Certificate (7) Funds spent, negativ0 habihty (8) All bonds redeemed Final calenlattons performed (9) Reserve Fund Only (10) Funds spent, posmvn Irebthty (11 ) Lmbflsty as of 1 O-year ~omputetson date (12) Lmbthty as of 5-year enmputatton date (1:3) Issue has not reached the end of ds temporary period (14) Will test for y~ald re~rlotren on 5-yam eompumtren date, which ~s 6/29/98 (15) Construotmn fund ~s yield restr~oted - ounrently mvestm8 below bond yield (16) Entire s~sue yield reltrreted (exe. ept reserve fund)- ourreotly mvestm$ below bond y~ald (17) F~rst Southwest ts not freaking yield restnetren on th~s ~ssue Mot small ~ssuer for rebate purposes but must yreld restrict eny remaining prooeeds attor$ yearn (18) 100% of yreld re~t0tlon liability petd as of 5 year enmpumUon date (19) 90% of y~ald rostrrel~on habdsty paid as of 5-yenr oomputetren d~te (20) Final Maturity 7/1/98 (21 ) Funds spent, nesat,vn hablhty Wmtm8 for venfi~tmn from ohent that funds were completely spent (22) Will walt until FYI~ 2000 to update these banes+ Waltin~ for aeeonnting to verify which funds belong to the appropriate Issue, N/A Not honblnforthlsre rtm od ANNUAL INVESTMENT REPORT APPENDIX A MONTHLY INVESTMENT REPORT Period Ending Septembe~ 30, 2000 % of Pomifolio INVESTMENTS Par Value ~ Book Value ~Market Value (Book Value) WAM/Daym Yield .. Federal Agen=y issues Coupon $122,290 000 $121 955 227 $121 577 660 56 90% 421 6 29% Federal Agency Issues Ol~¢ount 21 000 000 20 549 721 20 558 075 9 59% 119 6 82% Federal Agency issues Callabie 66 471 000 66 352 991 66 065 314 30 96% 681 6 60% Money Market I 000 000 1 000,000 I 000 000 0 47% I 6 43% Treasury Secunbes-Coupon 4 500 000 4 487 152 4 484 318 2 09% 137 6 35% TOTAL iNVESTMENTS $2151261,000 $214T345~090 15213]685,367 100 00% 464 6 44% Pohcy Benchmark 550 6 25% Portfolio Yield vs Policy Benchmark Difference $34,460 PORTFOLIO sUMMARY ~ Change From Change ~n Value Beg, lnnin~ Values Pumhssse ~ele~/Maturttem PumhlMa. tu~ies _ of Securities Endi. n~[ Value~__ Face Value $21(~356 0~0 --- 26905000 (28 0~o 0~)) 0 -0 $215261000 Book Value $215 709 880 26 553 075 (28 002 374) (1 449 299) 84 509 $214 345 090 Market Value $214 648 645 26 553 075 (27 985 211) (1 432 136) 468 859 $213 685 367 Unrealized Gatn/Lcee ($659 723) Change To Market Value ($963 277) 00 30 Da:/e 31 180 Da~. ~181 360 Days 361 720 Days 721 & Over Total MATURITYTIMEFRAME 7'~2% - ' ~ 2857% '' 1280%" 2609% 25420~- l~000%"--- Institution Par Value ~Market Value Avg Bank Bai Variance Percen.te. ge ~ Texa~ ~ank $6 032,195 ' $6 009 229 $2 713 741 $3 295 4"8~*-" 22~*4~%-- (Does Not Include FDIC) First State Bank 795 000 735,502 207 083 528 418 355 17% Bank One 405 000 402 720 249 505 153 214 161 41% T~IT~L EARNINGS FY' f999-2000 Cji. ratin~ Funds Month End FY To-Date Budge. t Variance % Earned (RepresentePolffolloEamlngeOnly) "Gan~rsTFund "-" $46151 ~-" $"82613~2 $810000 "~181~" -" ~10224%- Ele~tc Fund 35g 455 $3,361 487 3 500 000 (148 513) 95 76% Water Fund 97 121 $1 017 180 I 636 273 (619 093) 62 16% Wastewater Fund 45,038 $436 269 765 885 (330 616) 56 83% Solid Waste Fund 32,522 $274 394 315 995 (41 601) 86 83% MARKET UPDATE 3ource Public Investor October e 2000 Most analysts expect the Federal Reserve Open Market Committee to keep the Fed funds rate unchanged Volume 18 Number 10 through the rest of this year Expectations,of Fed policy have begun to shift from raimng rotes to Iowenng rates in fact~ the Fed fund rate in the Fe~ futures market has moved just pelow the currant target of 6 5 percent However a few Fed watchers p~dioi that another interest rate h~ke ia still possible Either way the earliest Interest rate move by the Fed ~e npt expected until early next year Recent sconce c date shows that tha Goldilocke e~onerny moderate growth vath Iow inflation continues despite a eignlticant oil pdce chock Kay Rates Cash Markets ~ Interest Rate Outlook SeDt 29 Year Ago --l N.ov Avg Jan Avg. AIx AY9 _._ ~*ederal Funds* 6 7,5% " 5 25% ) 5 50% 6 50% --" 6 40% T Bill 3 Mnth Yield - -- I ti 00% 6 00% 6 00% T Bill 91 Day Yield 6 01% 4 72% T Bill 52 Wk Yield 5 88% 5 00% This Report is m full compliance with the investment strategy aB estabtished for the Investment Portfolio and the Public Funds investment Act (Chapter 2256 023) Revlew~ By Kathy DuBose ' Reviewed By Diana G Orflz Assistant City Manager .~/~. ~ A . .~ Director of Fiscal Operations Fiscal & M~lnlclpal Services ~.~L.4~).L~IQ/L~ ~ Prepared By Lee Ann Bunselmeyer ~ Cash & Debt Admlnlstretc~r ANNUAL INVESTMENT REPORT APPENDIX B MONTHLY INVESTMENll REPORT I Period Ending August 11, 2000 % of Portfolio iNVESTMENTS Par Value Book Value ~Market Value (Book Value) WAMIDa~'S Y~eld.. Federal Agency Issues-Coupon $114 035 000 $113 913 418 ISt 13 287 230 52 44% 424 6 26% 18 500 000 18 079 075 18 101 445 8 32% 126 6 85% Federal Agency Issues Discount Federal Agency ~ssues Callable 64,321 000 64 239 230 63 779 871 29 57% 701 6 52% Money Market 16 500 000 16 $00 000 16 500 000 7 60% 1 6 47% Treasury Secunhas-Coupon 4 500 000 4 460 680 4 480 313 2 06% 167 6 35% TOT^L INVESTMENTS $2171856~000 $2171212~410 15216~148~858 10000% 444 641% Policy Benchmark 550 6 35% PoAfollo Yield vs Policy Benchmark Difference $10,866 PORTFOLIO SUMMARY ~ECONCILIATION Change From Change m Value Begicnic~ Value.a.. Purche~ael ~ales/Maturitss Purch/MaturCiea of Secunticl - E_ndic. g Va~ue~ - Face Value $215 106 000 31 500 000 ~28 rS0 000) 0 0 $217 856 000 Book Value $214 478 901 31,408,963 '(26 684 074) 2 724 889 8 620 $217 212 410 Market Value $212983899 31408983 (28655945) 2753018 411942 $216148859 Unreahzed GamlLose ($1 063 552) Change To Market Value $3 164 960 00-30 Days.. .3.1 180 D.ays. r181 360 Days 36.1 720 Days 721 & Over Total MATURITY TIME FRAME 10 69% 30 76% 12 88% 24 94% 20 85% 100 00% .I.n~tl~tu~.ion Par Value ~ +Market Value Avg Bank Bal Variance Pamenteg_e __ COLLATERAL REWBW Texas Bank $6 113 :~68 i $6 041 914" $2 692 043 $3 349 871 224 44% (Does Not Include FDIC) Firet State Bank 795 000 744 029 166,927 577 101 445 72% Bank One 405,000 400 885 222,561 178 324 180 12% ~ Operating Funds Month End FY To-Date Budget Va. rlance % Earned (~ene~al'"Fu nde' ~5~,381 i $781,981 $810000 ($28019) "96-~-~ (Repm~enta Por~ollo Eamings Only) Electric Fund 310 374 $2 992 032 3 500 000 (607 968) 85 49~ Water Fund 1 O0 025 $e2o 059 1 636 273 (716 214) 56 23% Westaweter Fund 43 925 $390 231 765 885 (375 654) 50 95% Sohd Waste Fund 32 522 $241 872 315 995 (74 123) 76 54% MARKET UPDATE Source Public Investor, September I 2000 The Fed left rates unchanged at its Augu~ meshng The economy continues to show signs of mopareting Volume 18 Number 9 economic growth and inflabon In additior~ the economy enjoyed outstanding producbwty growth which enables the e<:onomy te remain et full employme~ w~th Iow mfledon The Fed is very unhkely te reise retas before the Novar~par election However economiat$1are sprit on whether the Fed will raise rates again before the end of the year A strong rally in the stork market or an upturn ~n the economy would hkely provoke the Fed to continue its esrles of rate hikes Aug25 , Year Age Oct.Avg Dec .Av~ Mar Avg Fe~lerel I;und~ "- 6 50% 5 25% 6 50% 8 50% 6 60% Th~s Report is in full complianoe with the Investment strategy as established for the Investment PoAfoko and the Pubhc Funds Investment Act (Chapter 2256 023)Y~.._ ~.~.~_g)'~... ,~ .~,~./ Rev~ew~ B~' Kathy DuBoes i ~ Reviewed By Diana G Or6z Ftsce & Mul~lcipel Services ~ , D;rector of Fiscal Operet;ons · .'~ z ~" ~ prepared By Lee Ann Bunsei~n~yer -/~ -- ~ Cash & Debt Admin~strator (/ MONTHLY iNVESTMENT, REPORT Period Ending July 3f~12000 iNVeSTMENT$ ParValue BookValue MarketValue {Book Value) WAMiDey. S - -~ Ylekl Federal Agency Issues Coupon $115 285 000 $115 245 672 $114 373 322 53 73% 420 6 1ti% Federal Agency issues Discount 33 500 000 32,959 027 32 995 976 15 37% 88 6 81% / Federal Agency Issues-Callable 60 321 000 60 266 315 59 609 171 28 10% 706 6 49% Money Market 1 500 000 1 500 000 1 500 000 0 70% I 6 49% Treasury Secunt~es Coupon 4 500 000 4 507 887 4 505 429 2 10% 198 6 35% TOTAL INVESTMENTS $215~106~000 $214T478~g01 ~$212~983T899 10000% 442 837% Pohcy Benchmark 550 6 27% Portfolio Y~eld vs Policy Benchmark Difference $t9,377 PORTFOLIO SUMMARY RECONCILIATION Change From Change in Value Beginclng Vel.us! purchases ~al.eslMaturltes PurchlMa~urtt~es of Secu~is$ . End_lrt~ Values _ Face Value $218,605 000 "19 500 000 (21 000 000) 0 0 $215 106 000 Book Value $215 778 380 19 344 324 (21 007 399) (1 663 075) 363 595 $214 478 901 Market Value $214 218 889 19 344 325 (21 006 876) (1 662 551) 427 561 $212 983 899 Unrealized Ga~nlLoss ($1 495 002) Change TO Market Value ($1 234 990) 00-30 Da~(s~. 31-180 Days ,181 360 Oaxs. 361 720 Da~vs 721 & Over Tota~ MATURITY TIME FRAME 430% ~4 7'9~,~ 1581% ' 2450% ' 20 60~" ..... 1~00 00~-- Instltufl_on.. ParVelue Market Value AvgB.ank Bal Vadance . _ Percentage ~ Texas Bank $6"180 81 ~' $6 083 754 $2 060 678 $4 023 076 295 23% (Does Not Include FDIC) First State Bank 795,000 728 621 163 046 565 575 446 88% Bank One 405 0OO 400 002 171 584 228 419 233 12% ~ _Oil. rating Funds . Month End _FY To-Dam Budget - Van.a~.ce .... ~_E~m_e~.__ (Represents Por~ollo Earnings Only) General Fund $86,381 $725 60~) $810 000 ($84 400) 89 58% Etscthc Fund 309 327 $2 681 658 3 500 000 (818 342) 76 62% Water Fund 104 005 $819 434 1 636 273 (816 839) 50 08% Wastawatar Fund 44 934 $346 306 765 885 (419 579) 45 22% Soi~d Waste Fund 47,007 $209 350 315 995 (106 645) 66 25% ~ Economists predict that the Federal Reserve ~s at the end of ~ts senes of rata h~kes The Fad re~sed rates s~x Source Public Investor August 4 2000 times (176 basle points) since it began raising rates ~n June 1999 Looking ahead ~t ~e still unclear whether the Vclume lS Number S Fed will raise rates once m~e at its next meeting on August 22 Recent economic data indicates that the economy has elt~ved and inflation can be contained Many econom3sts attnbuta the recent slowing in the economy to the bast rate h~kes taking ho~ In addition the stock market corre~on has been sustair~ad for several months While an August Interest rate boost is poce~ble a similar move at the Fad's OcWcer mestin9 is highly unlikely due to the Fad's presumed intention to avoid affecting the November ele~bon Key Rates Cash Markets Interest Rate Outlook July 23 . Year Ago Se~o Avg Nov Av~ ~ Feb Avg Federal F~nds 6 38% 5 00% 6 50% 6 50% 6 70% T-Bill 3 Mnth Y~eld - 5 90% 5 90% 6 20% T Bill 91 Day Yield 6 01% 4 54% T Bill 82 Wk Yield 6 00% 4 71% Th~s Report ~s ~n full compliance with the ~nvestment strategy as established for the Investment Pofffoho and the Public Funds Investment Act (Chapter 2256 023) ~R~we~ed~'y Kathy DuBose ~ Rewew~ By Dl~r~a'G Ort~z Ass;stsf~CIb/Menager ~,~ ~J~,~J~(~ D,rectorofF~scelOperabons Fiscal & Municipal Services _1~ , ~ Prebared By Lee Ann Buneslrneyer ~) Cash & Debt AdministratOr MONTHLY INVESTMENT/REPORT Period Ending June 30t 2000 ~ - . -- ..Pa...r V. al.ue... .....Book V_alue -- _.~Market Valu,.? .. ~,BoO~__Va.lue~~ ~AM_~,..a~a_~ . Yield Federal Agency I$aue~-Coupon $1t0,786 000 $110 739,336 $109 775,t02 Bt 32% 419 3 10% Federal Agency ldsue~-Dl~',ount 40,600 000 39,750,542 39 817 473 1B 42% 101 a 79% Federal Agency Innuat~-Calldbie 59,321 000 59 284 149 08 626 103 27 47% 733 6 44% Money Market 1,500 000 1 500,000 ~ I 500 000 0 70% I 6 35% Treasury Securitien Coupon 4 500,000 4 604 363 4 501 211 2 09% 229 a 34% TOTAL INVESTMENTS $21Bi606~000 ~i2161778r350 ~ ~214~2181889 100 00% 440 a 33% Polk~y Benchmark $$0 6 23% Portfolio Yield v8 Policy Benchmark-Difference $18,339 PORTFOLIO SUMMARY ~ Change From Change In Value _.Be~n~ nu Va!q~J .... p_ur~hal..~el Face Value $209,834,492 59,411,000 2 ,~'~ 4~2~ 0 0 $216 g05,000 Book Value $209 198,310 68 576 938 (52,469 246) 6 107 690 472,380 $215 778 380 Market Value $206,817,636 58,576 936 (52 196 192) 6 381 744 1,019 509 $214,218 880 Unrealized GStnlLoSB ($1 5~g,491) Change TO Market Value $7 401 263 ~ ..0~0~0 ,,D,,,a~ ~.~31'~8.0 ~ . 161-360 Days 361-720 Pays 721 & Over Total 3444% "~--1~-% .... ~2J*/a ~ ~'~"1'~ 10000% ~ 6 77% !h~t .~on,~. Par Value _.Market Value A.v~Laonk Bal Vedonce Percentage ~ Texas Bank $8 864,629 -"~ 4~" ' - '~ 2,~'5'-~(~ S6 541,429 296 09% (Does Not Include FDIC) Flint State Bank 795,000 723 881 1 BI 865 562,026 447 24% Bank One 405,000 399 116 180 86o 216 265 220 68% ~ O.~.r~_mtl.n.I;I Funds Month End~..~.F.Y~.T_o.~_ata.~. - Budget Vedonce % Earned . (RepreaentePotEol~EemhlgeOnly) Genem"'""TFu~d .......... "~'~,718 $669,219 ' $--'810,000 ' "(S140781) 8202~ Elec~k~ Fund 280,946 $2 372 331 3,600 000 (1 127 669) 67 78% water Fund 67 884 $713,429 1 636 273 (g20,844) 43 72% Wastewetar Fund 57,652 $301 372 766 883 (464 513) 39 35% Solid Waste Fund 20 601 $1B2 343 315 995 (153 652) 01 3B% ~ The Federal Recewe Open Market Comr1~lttae decided to keep the Federal funds mtn unchanged at Ha Volume t 8 Number 7 npeculagon among Fed watchers that th~Fed may be near the end of its onrtec of rata h!k.e$ The Fed, has the Fed to raise rates by 25 to 50 hasle 13~)lnts at its next meedng In August A big onk~own ta~(or that Key Rates Cash Market~ [ Interest Rate Outlook Jena,, ,2,~ _.. y e.a.r .~o" -.~ .__A.u, A~ O~ .A_v~ Jan Avg ................. 4 75% / e 8o% ..... g 6""--o~,l, .... 6 60% Federal Funds 7 00% T-Bill 3 Math Yield - - [ 5 70% 6 80% 0 80% 461% T Bill 91 Day Yield 6 70% T-Bill 02 Wk Yield 6 00% 4 86% This Report is In full ~ompllanca with the Investment strategy as setablldhed for~the Inveslment Portfolio and tl~ Publlo Funds Investment A~ (Chapter 2256 023) ~' Reviewed ~'y Diana G O~Bz Aaslste~ City Mlneger Director of Fiscal Operat/ons Fiscal & Munlnlpel $etvf~ea . -~ J Prepared By Lee Ann Bon~lmeyer ~ Cash & Debt Administrator MONTHLY INVESTMENT REPORT Period Ending May 31,12000 % of Portfolio INVESTMENTS Par Value Book Value ~lerket Value (Book Value) WAM/Deys Yield -- Federal Agency laauaa-Coupon $153 535 000 $153 508 029 $151 099 594 73 38% 665 7 02% Federal Agency teause Discount 29 000 000 28 396 573 28 449 751 13 57% 115 6 78% Money Market 21 299 492 21 299 492 21 299 492 10 18% 1 6 09% TmasuP/Secunt~es Coupon 6 000 000 5 994 215 5 968 798 2 87% 326 6 39% TOTAL INVESTMENTS $209~834~492 $209~198~3t0 ~206~817~636 10000% 439 622% Policy Benchmark 550 6 37% Portfoho Yield vs Pohcy Benchmark Difference ($25,670) PORTFOLIO SUMMARY .{~ Change From Change in Value BeJ~nnln.~Valuea Purchases ~ales/Maturites PurchlMaturlties of Securlties ~. Endln. gVa_tue._~_. Face Value $156 845 000 127,609 492 (74 620 000) 0 0 $209 834 492 Bcok Value $156 606 918 126 764 077 (74 540 279) 52 223 798 367 594 $209 198 310 Market Value $154 450,482 126 764,077 {74 489 626) 52 274 451 92 703 $208 817 635 ($2 380 674) Unrealized Gain/Lose $52 367 154 Change TO Market Value 00 30 Da~/s_ - 31 180 Da~/s. 181 360 Days 361 720 Days 721 & Over - ~ Total ~.~Y_.TJJ~ 32 04% t5 53% 19 18% 14 33% 18 92% 100 60% Institution Par Value. .~Merket Valu_e. Avg Bank Bel Vahance _ _Pementa~Qe__ ~ Tex'~aa §ank - ~" $8,640,850 $8 334 638 $3,528 388 $4,806 250 236 22% (Does Not Include FDIC) First State Bank 795,000 684 651 126 266 558 385 542 23% Bank One 405 000 395 762 149 312 246 450 265 00% Oj~arsting Funds Month End ,_FY To. Date Budget Variance % Eamed (Represents portfolio Eamlegs Only) General Fu~d ~ " $97 765 ~ $595 501 - $810 000 "($214749-9) ..... ~"~'5~" Eleutdc Fund 264,296 $2 091 385 3 500 000 (1 408 615) 59 75% Water Fund 65,298 $647 545 1 636,273 (988 728) 39 57% Wastawatar Fund 20 663 $263 720 765 885 (502 165) 34 43% Solid Waste Fund 22 774 $141 742 315 995 (174,253) 44 86% MARKET UPDATE Aa expected, the Federal Reserve Open Market Committee ramed the Federal funds rote target by 50 basis Volume18 Number5 economicgrowihandnaksoffutursinflatidnpmmptedtheFedsaction tntotsl the Fed has rsiaad rstes l ?5 basis points alnce it began raising rates 0Yet a year ago Looking ahead there is widespread agreement that the Fed will ralae the Fed funds rate 25 tel50 heels points in the next few months Some Fed watchers expect the Fed to pause its aedea of rate hikes ~roughout the fall season in order to determine the delayed effect of its mis hikes Crt the acollomy The unemployment rate h~t the lowest level in more than 30 yeera, dropping to 3 9 percent in April Tha labor tigums milect strong economic growth in all rsglons Key Rates Cash Markets Interest Rate Outlook ....... Max26_... YearAgo .JulA_v~ O~t. Avg- .-- .D~cA_.VL__ Fedeml Funds 6 50% 4 00% 6 70% 7 00% 7 30% T Sill 3 Mnth Yield - 6 20% 6 50% 6 70% T Bill 91 Day Yield 5 80% 4 50% T Bill 52 Wk Yield 5 84% 4 49% This Report is in full compliance with the Investment strategy as established for the Investment Portfolio and the Public Fund~ Investment Act (Chapter 2256 023) ,f~ - fl ~ /I · ~ By Kathy DuBose ~ ! ' Rev · ~' A$tswl~tCltyMa,eger ~ ~ ~) ~ OirectorofFiscelOperatlorts V ' Prepared By Lee Ann Sunsel~eyer ~/ Cash & Debt AdministratOr MONTHLY INVESTMENTIREPORT Period EndlnB April 301 2000 % of Portfolio ~ Par Value Book Value ,Mark~ Value (Book Value} WAMIDay$ Yield Federal Agency Issue~.Coupon $143 345 000 $143 211 226 $141 081 158 91 45% 543 6 18% Federal Agency tasue~-Dlacount 7 000 000 6 904 602 6 894 900 4 41% 85 5 98% Money Market 500 000 500 000 500 000 0 32% I 5 90% Treasu~ Secuntio~-C0upo~ § 000 000 5 g91 0g0 5 974 423 3 83% 357 6 39% TOTAL INVESTMENTS $156 845 000 $156,606 g18 15154450482 10000% 514 618% Policy Benchmark 550 6 05% Portfolio Y~eld vs Policy Benchmark Difference $15,854 PORTFOLIO SUMI~ARY J~.~,,/~..T.~t Change From Change in Value Be~lnnin~ .V. at.u~s Purchases ~ales/Maturitas Purch/Matudties of Securities ..~End. ln~ .V~ue..~s w Face Value $163,845 000 17 000 000 (14 000 000) 0 0 $156 845 000 Book Value $163685728 16892653 (13,982085) 2910568 110622 $156806918 Market Value $151 567 274 16 892 653 (13 979 800) 2 912 853 (29 645) $154 450 482 Uoreahzed Gain/Loss ($2 156 436) Change To Market Value $2 883 208 _...00-.3~_Da~s.__ 31-18~)_ Days ~81360,.Days 361720 De~/s . 72.1.& Ove.r ..... Total._ J~ 7 33% 20 53% 28 37% 17 85% 25 92% 100 00% th~titutlon ParValue' MarketValue Av~Ba..nkB. al . V_a. fla_n? . .~ -~ TexoeBa~"l~" ~8720221 ~8559166 $2256729 $6302437 37927% (Does Not include FDIC) F{rst State Sank 795,000 711 151 62 576 848 575 1136 46% Bank One 406 000 396 965 t 71 540 225 425 231 41% ~ O(~ratln~l Funds Month End FY Ts-Date Budget Variance % Earned (Represents Portfolio Earnings Only) General Fund"" ' ~8"9 438 ~'507 736 - $810 000 ($302 264) .... '~2 68-'~ Electric Fund 237 717 $1 827 089 3 500,000 (1 672 911 ) 52 20% Water Fund 64 360 $582 247 1 836 273 (1 054 028) 35 58% Wastewater Fund 18 216 $243 057 765 885 (522 828) 31 74% Solid Waste Fund 22 774 $118 968 315 995 (197,027} 37 65% MARKET UPDATE Source Publk:tnvestor May5 2C00 Thavolatilgylnequi[ymarketshedanoticeableeffectontheflxedincomemarketathlamonth Thaytald Volume 18 Number 5 curve cz~ltlnuee Ita Inversion The thversich is due In part to the view that long-tern1Traeeu~y debt 1alii be in short supply aa the federal govemment surplus pmmpta the Treasury to issue less debt Looking ahead, the Federal Roeewe Openl Market Committee is expected to miss the Fed Funds rate by at leest 25 basis points at its next two meetings Expect the Fed to continue to miss rotes gradually undl the economy is brought down to a soft landing The U S economy continues Its blistanng pace GDP increased by 5 4 percent for the first quarter of this year Some e~onomlsts antiolpete that the economy will slow by the end of this year as previous Fed rate hikers take effect High~ than expected CPI Inde~ion is a concern However much of the increase is fueled by higher oil pdces whk:h am expected to decline in the coming months Key Rates Cash Merketa Interest Rata Outlook ..~or28. . YeerA~o _JunAvl~ AuI~AvQ. ..NovA'~ Fede~aI-F-u n~s "- 6 25% 5 00% 6 30% 6 60% 6 60% T Bill 3 Mnth Yield - 5 90% 5 10% S 20% T-Bill 91 Day Yield 5 62% 4 ~4% T Bill 82 Wk Yield 5 84% 4 50% This Report is in full compliance with the investment strategy as established for,the Investment Portfolio and the Public Funds investment Act (Chapter 2256 023, ~'/~~~-'~ -~e~s~C~a~yan~roe, ~)~.. ~ ~ Revle¥~ed By DlanaG O~z Director of Fiscal Operations Fiscal & Municipal Services Prapered By Lee Ann Bunselme~ Cash & Debt Admlnlstretqr MONTHLY INVESTMENT I~EPORT Period Ending March 3f,12000 % of Po~olio INVESTMENTS Par Value Book Value F~arket Value IBook Value) WAMK)a~ Yie~. -- --~ Federal Agency Iseues~Coupon $131 345 000 $131 218 437 $q29 224 401 85 44% 581 5 76% Federal Agency Issues Discount 13 000 000 12 879 327 12 869 700 8 39% 60 5 52% Money Market 3 500 000 3 500 000 3 500 000 2 28% I 5 75% Treasury Secur~tlea-Coupan 6 000,000 5 987 985 § 973 173 3 90% 387 6 39% TOTAL INVESTMENTS $153~8451000 $15315851728 ~ 51~567~274 10000% 517 576% Pohcy Benchmark 550 6 10% Portfolio Yield vs Pohcy Benchmark Difference ($43,807) PORTFOLIO SUMMARY RECONCILIATION Change From Change In Value Be~l.nn.blj~ V~alue~. Purcbe~ea ...... Face Value" $152 845,000 13 870 000 ('1'2 870 000)" 0 0 $153 845 000 0030 Days . ..31.18~0_D.a~s. - 1~1 360_Da. ye 361 720D.ays 721 &Over Total " '1648% 3467% " 1~ 36%" ~fATURITY TIME FRAME 8 12% Inefitu~on Par Value .M.a..~.e.t Value ..A. vg. Ban. k SOl Vahertce ~OLLATERALREWEW " ~"x~e~"n"~ ~;7,83380~'" 57655726 $3514003 ""$4141723 21786% (Does Not Include FDIC) FIr~t State Bank 795 000 712 590 61 032 651 538 1167 19~ Bank One 405 000 397 848 186 998 210 850 212 76% TOTAL EARNINeS FY fB99.BO00 _Oj~.r. aB. ng Fun_ds._._Mon.th E_nd._ - ~ T.o-.Date (Represents Portfoffo Earnings Only) General Fund $92,747 $418 298 $810,000 ($391 702) 51 64% Eta¢Y, flo Fund 223 169 $1 589 372 3 500 000 (1 910 628) 45 41% Water Fund 71 388 $517 887 1 636 273 (1 118 386) 31 65% Wextewater Fund 34,129 $224 841 765 885 (541 044) 29 36% Solid W~ta Fund 17 092 $96 194 315 995 (219 801) 30 44% MARKET UPDATE The U S economy grew at a 7 3 percent rate in the fourth qua(er This followed e 5 7 peruent increase m the Bourne Publl~ Investor ^pAl 2000 previous qua(er There are no apparent e[g~e that the economy is slewing, and most ecenomlsts expect the Volume I S Number 4 expansion to continue throughout the year Despite a growing economy and Iow unemployment, Inflation remains iow The CPI rose 6 percent in Fel~ruary However the product price index rose I 0 percent In February In an effort to slow the economy ~nd prevent Mum inflation, the Federal Reaewe has raised rates tive times in the past nine months Fed watc, hei~ expect the Fed to raise rotes two or three mere Umes before the end of the year Key Rates Cash Markets Interest Rets Outlook Feb 25 , Year .Ag.~ .A~r Av~ _ Jun Avg. . .Ba.p Fed~ra"l Funds ~ "~ 5 ~0% ~ 8 30% 6 00% 6 40% 6 50% T Bill 3 Mnth Yield - 5 80% 6 20% 6 20% T Bill 91 Day Yield 5 72% 4 3ti% T Bill 52 W~ Yield 5 84% 4 50% This Report Is In full compliance with the Investment strategy aB established for the Investment Portfolio and the Public Funds Investment Act (Chk. pter 2256 023) C~ Manager Director of Fiscal Operations Fiscal & Munlolpel BabY/cas ~"~J'(J~'~Prepared By L Cash & Debt Administrator MONTHLY INVESTMEN'I~ REPORT Period Ending February 29, 2000 % of Porlfoho INVESTMENTS Par Value Book Value Market Value (Book Value) WAM/De~s Yield Federa~ Agency Issues Coupon $129 845 000 $129 675 920 $127 621 500 85 04% 613 5 76% Federal Agency IssueS-Discount 16 000 000 15 810 606 15 794 899 10 37% 78 5 57% Money Market 5 000 000 5 000,000 5 000 000 3 28% 1 6 50% Treasury Securibes-C0ubon 2 000 000 2 000 000 I 989 375 I 31% 553 5 69% TOTAL INVESTMENTS $152 845 000 $152 486 526 , $150 405 774 100 00% 537 5 75% Policy Benchmark 550 5 98% Porffoho Yield vs Pc//By Benchmark Difference ($29 741) PORTFOLIO SUMMARY RECONCILIATION Change From Change m Value Be~;Inbln{~ Values Purchases ,Selas~aturkaa Purch/Maturkles of Secu~les Face Value $156 845,000 12 000 000 (16 000 000) 0 0 $152 845 000 Bouk Value $156458038 11901016 (16018579) (4117563) 145451 $152486526 Market Value $154159651 11901016 (15 9gO 444) (4089428) 335551 $150405774 Unrealized Gain/Loss ($2 080 752) Change To Market Value ($3 753 877) _ 00~30. Days. 31 180 Days ,!81 360 Days 361 720 Days 721 &Over Total ~ 5 88% 22 47% 30 32% 11 13% 30 20% 100 00% I. nstltutl_on_. Par Value Market Value Av~ Bank Bal Vanance Percentage_ ~ Texas Bank $7 949 670 ~ $7 744 827 $3 157 572 $4 587 255 245 28% (Does Not include FDIC) First State Bank 795 000 693 297 53 870 639 427 1286 98,% Bank One 405 000 397 090 204 484 192 606 f94 19% ~ Ope.ratlr~ Fun_da . Month End FY-To-Date Budget Variance % Earned (Represents Por#oflo Earnings Only) General Fund $89 107 $325 551 $810 000 ($484 449~ Electric Fund 222 841 $1 366 203 3 500 000 (2 133 797) 39 03% Water Fund 82 784 $446 499 1 836 273 (I 189 774) 27 29% Wastewater Fund 37 355 $190 712 765 885 (575 173) 24 90% Solid Waste Fund 12 916 $79 102 315 995 (236 893) 25 03% MARKET UPDATE Source Public ~nvestor March 3 2000 AS expected the Federal Reserve Open Market Committee rased the Fed funds rate by 25 basis points at its Volume 18 Number 3 recent meeting on Far. usry 2 In the pest e~ght months the Fed has raised rotes by 100 basis points Most Fed watchers expe~ the Fed to m/se rates at its next meeting on March 21 to be foilowed by one or two additional rate hlkea dudng the flat half of this year These series of rate hikes are part of the Fed s strategy to bdng the soaring U S economy down to a Soft landing and prevent future inflation The Treasury yield cuwe expedenced an unusual lovers[on at the long end dudng the past month At limes the yield on the 30.year Treasury Pond was about 50 baals points below the five-year Treasury bill The ~nverslon was due to an announcement by the U S Treasury that it will eign~lfcangy reduce ~ts future ~ssuance of long-term debt Rates Cash Markets I Interest Rate Outlook Key Feb25 Year A[io_ j Ap_~r Av~ _ .Jun .A_v~l Federal-Funds ..... ~ 75% 4 88% '1 6 00% 9 20,% 6 20% T Sill 3 Mnth Yield 5 80% 6 00% 6 00,% T Bill 91 Day Yield 5 64% 4 53% T Bill 52 Wk Y~eld 5 91% 4 37% This Report Is in full c, ompllance with the Investment strategy as established for the Investment Portfotio an~l the Public Funds investment Act (Chapter 2256 023)~//~I~],A~"'~ ~'~'~ · ~. · ~..~v~e~ By Kathy Duaose As~afantCltyManager ~;~p~rc,~,~"~--,,,-~,,'~_.~ DlractorofFlscclOperatlon8 ~ Ann Bunseln~yer MONTHLY INVESTMENT~REPORT Period Ending January 3~, 2000 % of Portfolio INVeSTMeNTS Par Value Book Value Market Value (Book Value) WAM/Days .... Yield ) Federal Agency Iseuee*Coupon $131 845 000 $131 720 067 ~1129 450 964 84 19% 613 5 71% Federal Agency tssues Discount 18000000 17 738,70t 17721500 1134% 97 560% Treasury Secunt~ee Cot~pon 5 000 000 4 999 870 4 987 188 3 20% 241 6 20% Money Markel 2 000 000 2 000 000 2 000 000 1 28% 1 5 43% TOTAL INVESTMENTS $156 845 000 $156 458 638 ~154 159 651 100 00% 535 5 71% Policy Benchmark 550 5 74% Pofffuho Yield vs Policy Benchmark Difference ($4,771) PORTFOLIO SUMMARY RECONCILIATION Change From Change in Value .Be{~lnnlng Values Purchases S~les/Matudtes Purch/Maluritles of Secuffcles. -- .Endin~l Value~.. ~ Face Value $150345000 "16500000 (~0 000 000) 0 0 $158845000 Book Value $150 019 629 16 313 699 (9 984 476) 6 329 223 109 785 $156 458 638 Market Value $148 140 625 16 313 699 (9 986 100) 6 327 599 (308 573) $154 159 651 Unreahzed Gain/Loss ($2 298 987) Change To Market Value $6 019 026 00 30 Days. .31 180 Daya 11~1 360 Days 361 720 Days 721 & Over Total MA TURIT~ TIME FRAME 8 62% 20 40% 32 32% 9 56% 29 10% 100 00% Institution Par Value l~larket Value Av[~ Bank Bel Variance Parcenta~. ~ --Texas"B~nl~ ~ $8,03~ 1(~2" {7 868 258 ' $3 511 871 - $4 358 387 224 05% (Does Not Include FDIC) First State Bank 702 080 671 364 54 087 617,278 1241 28% Bank One 901,492 913 568 224 512 689 056 406 61% ~ .O _p~ratln~l Funds.. .M_on.th _End.. FY-To-Date Bud[}et. Vedance % Earned (Represents Port[ollo Earnings Only) General Fund $8g 773 $236 444 $810 000 - ($~'73 5~) - Electric Fund 251 885 $1 143 362 3 500 000 (2 356 638) 32 67% Water Fund 89 410 $363 715 I 636 273 (1 272 558) 22 23% Wastewator Fund 37 643 $153 357 765,885 (612 528) 20 02% Solid Waste Fund 12 962 $66 188 315 995 (249 809) 2095% Source Public Investor Februa~ 4 2000 The Federal Reserve Open Market Committee is changing the way that it communicates Its future Inteetions to Volume 18 Number 2 the financial mark. eta 81nos 1998 the Fed has announced a tightening Iowedng or neutral bias whenever it had · major change in its view of the econorl~y These procedures tended to cause the financial markets to overreact to any new financial ioforffaflon thfit could affect the Fed s decisions With the new procedures, the Fed will Issue an announcement fotlowing every meeting regardtase of whether it changed Its view of the economy The announcement will Indicate w~ethar the Fed thinks that the risks In the current eflvireemant ara 'weighted mainly toward conditions that geri~mta heightened inflation pressures 'conditions that may generate economio weakness' or"balanced with respect to prospects for both of the Fed s gcels of price stability and sustainable economic growth" Key Rates Cash Markets Interest Rate Out, ok Jan 28 _ -~ Year Ago Mar A~v~ _ Federal Funds .... ~*~3-% 5 00% 5 80% 5 80% 5 90% T Bill 3 Mnth Yield - $ 50% 5 60% 8 70% T-Bill 91 Day Yield 5 39% 4 31% T-Bill 52 Wk Yield 5 55% 4 34% Th~s Report is in full compliance with the investment strategy as established for Ute Investment Po~follo and the Public; Funds ~i:M~!:~iYe~n~j: ~~~j~ DtrectorofFiscelOperationa Prepared By Lee Ann Bunselrneyer ~,) Cobh & t~bt Admlnlelmtor MONTHLY INVESTMENT 'REPORT Period Ending December' ~I, 1999 % of Portfolio INVESTMENTS Par Value Book Value ~arket Valu. e (Book Value~ WAI~..Da'is Yield ~_ Federal Agency IssueS-Coupon $120,345 000 $120 307,494 ~118 447 425 80 19% 625 5 59% Federal Agency Issue~ Discount 20 000,000 19 712 5ti3 , 1 g 698 200 13 14% 97 5 54% Treasury Secunfles-Coupon 5 000 000 4,999 582 4 995 000 3 33% 272 6 20% Money Market 5 000 000 5 000 000 5 000,000 3 33% 1 5 49% TOTAL INVESTMENTS $150,3451000 ~150~0191630 ~1481140,625 10000% 525 560% Policy Benchmark 550 5 67% Portfoho Y~ald vs POliCy Senchmark-D~fference ($6,685) PORTFOLIO SUMMARY RECONCILIATION Change From Change in Value Beginning Values Purchases ~aleaR~l. at. urlt es PurcluMstu~es .of Se=urltle. s En01nj Face Vatue $156 346 000 16 000 000 (22 000 000) 0 0 $150 345 000 Book Value $156102,414 15859369 (21974698) (6115,329) 32,544 $150019629 Market Value $154 455 791 15 869 369 (21 900 575) (6 041 206} (273 960) $148 140 625 ($1 879 004) Unreahzed GamlLoee ($6 315 166) Change To Market Value Oe(~rease d~e to Debt Service Payment of $? 8 re#lion 00.30. Days ...31_-180.~Ds.¥s ~81-6_60_De~s. 361 72_0D. ays .72_1.&Ov~er J~.( J~T]J~.J~ 6 66% 24 28% 31 06% 11 30% 26 70% 100 00% Institution Par Value Market Value Avl~ Bank Bat Variance Te~s~ Ban"k- -'" $8,125,~00 -' $8-036 91'~ $3,~69 9'25' - $4"Q6~"gti2 -"" 202 45% ~ First 6tato Bank 708810 684,886 52151 632737 131328% Bank One 902,582 916 715 59 984 826 731 1018 75% [~ O. Eemti. n.g F.u.nds.~' Month E~nd FY T~-Dete Budg?_ . Va~.anc~ _ %_E..am..ed___ (Represents Portfolio Earnings Only) General Fund $71 696 "* $184 709 $810 000 ($625 291) 22 80~ Ele~;ic Fund 257 511 $887 352 3 500 000 (2 612 648) 25 35% Water Fund 92 263 $273,682 1 636 273 (1,362 591} 16 73% Westowator Fund 38,330 $116 472 765 585 (650 413) 15 08% Solid Waste Fund 12 982 $53 224 315 995 (262 771) 16 84% MARKET UPDATE Source Public Inve~tor Januar/7 2000 A~ expected, the Federal Reserve left rates unchanged at ~ts December 21 meebng However moats a~aly~s Volume 1B Number 1 expect the Fed to raise rates several bmels during the new year aa the Fed slews the economy down to a non inftetlonary level of growth The Fed iii very likely to raise rates by 25 basis points et ha next meeting on Felxuary 2, and there is a possibility that it may raise rates by 50 basis ed~nts Some analyst~ have observed that Fed tightening have ectuatly encouraged rater than discouraged economic growth The argument ~s that the Fed tightening reduce bond Inveetor~ fears of Inflahon When the fear of mflati~ is reduced the demand thus stimulate growth Key Rates Cash Markets ~ Interest Rsto Outlook Dee 31 ~ Ye_ar Ago ..I Feb Avg A~r A.vg Jul)' A_vJl Federal Fund~'"" 3 (~0%' 4 00% 5 5~% 5 50% ~ "" 5 50~ '" T-Bill 3 Mnth Yield - 5 30% 5 30% 5 30% T-Bill 91 Day Yield 5 30% 4 52% T-Bill 52 Wk Yield 5 35% 4 31% This Report is in full compliance wRh the Investment strategy as established for~the Investment Portfolio and the Public Funds Investment Act (Chapter 2266 023) · - Review'ed By Diana O Ortiz ~.~ew~llSy Kathy DuBcee Asci.ntCityMenager ~'~(~~D~.,~4 DirectorofFiscetOperat;~na Fiscal & M~nlclpet Services .,~ A. prepared By Lee Ann Bunae~msy~j~ Cash & Debt Administrator ~' MONTHLY INVESTMENT REPORT Perfod Ending Novemba~ ~0, 1999 % of IJ~_VJ~..~=J~ ParVelua _ BookVa. lue ~/larket.Value isookValue} .WAMIDa~8 . Y._il~d Federal Agency issues Coupon $121 846,000 $121 942 889 $120 319 816 78 12% 617 5 54% Federal Agency Issues-Discount 25 500 000 25 160 231 25,132 850 16 12% 92 5 38% Treasury Secunaen Coupon 5 000,000 4 999 295 5 003 125 3 20% 303 6 20% Money Market 4,000 000 4,000 000 4,000 000 2 56% 1 5 49% TOTAL INVESTMENTS $158r348~000 $1561102~414 ~154r455~791 100 00% 507 5 54% Policy Benchmark 550 5 42% Porlfol~o Y~eld vs Policy Benchmark Difference $14 722 PORTFOLIO SUMMARY j~ Change From Change in Value 9ej~n. nln~lV..al.u~.I Pumhas. e$" _ ~ale.~.aturltes pumh/Maturitles .offfe~u_~ri~/e~ ___End{nj_V.el. ues- Face Value $169 440 000 7 800 000 (20 895 000) 0 0 $156 345 000 Book Value $169,182,139 7,488,667 (20 582 797) (13,094 130) 14 405 $156 102 414 Market Value $167 638,988 7 488,667 (20 588 784) (13 100 117) 16 921 $154 455 791 ($1 646 623) Unreaflzed Gain/Lose Change To Market V$1ue ($13 083 196) 00 30 Da~a 31-180 Days t81-360 Dal/e 361 720 Days 721 & Over Total ~ ' - 14 26% .... ~5 10~ "~- 19 33~= 15 81%" ' 2~"50~/~ .... 1"0"0'-00~,~ In~tuifon Par Value Market Value _. 5 061 003" ' Avg B_ank Bel Vaflacoe ____Pomenteg_e ................ ~$ $2 448 350 $2 512 653 206 71% COLLATERAL REV/EW Texas Bank $5 065,609 (Does Not Include FDIC) First nt~e Bank 716 445 702 116 49 966 652,150 1405 19% Bank One 903 665 923,093 77 601 845 491 1189 53% ~ Oj~emtin. g Funds Month End ,FY To-Date Budget Vananue % Earned (Represents Poflfoifo Earnings Only) G~ne~J'l~u~¢l ..... $"*~2~569- - $113,013 - $810 (~0~) - --" ($698 987) 13 95% Electric Fund 306,316 $629 841 3,500 000 (2 870 159) 18 00% Water Fund 87 908 $181,419 1 636 273 (1 454 854) 11 09% Wsetswetsr Fund 38,571 $77 142 765 885 (688 743) 10 07% Solid Weete Fund 17 280 $40 262 315 995 (275 733) 12 74% Source Publk:lnveltor De~ember31999 AfterbacJnnginee~yNovembar intera~rateeroeeaftsrtheFedtlghtenedthed~scountretelater~nthe Volume 17 Number 12 month t repmsent~ ~ third such hike th~a year essentially offeettlng the three rate reductions in 1998 In general ntsreet rates have been rising foi' the past 12 months Some economists predict that rates continue to rise In the next 12 moNha Moat analysts do not expect if~ Fed to raise rates at its next meeting on Desember 2t The Fad's next opporturlify to raise rates will be in Fet~'uary 2000 It ia ex~ that the Fed will raise rates in this meeting if labor male(ets remain 5ght and the economy conifnuee its oun'ent level of growth The yield ochre bee been flattening since July of this year when the spread between the 6-month Treasury bitl and the 30-yeer Treasury bo~d was around 128 basis points Currently the ~eed Is around 79 basis points Key Rates Cash Markets I Interest Rets Outlook Nov 26 Year Ago t Jan Avg Mar A_v.g. Jun Av.g F~cleraI-F~nba "-- "-563~ ' ~00%- ' 550% - 5~50~ ..... ~4~0% T Bill 3 Mnth Yield - 5 10% 5 10% 5 00% T BIIt 91 Day Yield 5 11% 4 50% T-Bill 52 Wk Yield 5 17% 4 40% This Report is in full compliance with the investment strategy as established for the Investment Portfolio and the Public Funds ~,l~y Kathy Duaoee ~1 Reviewed y Aaalstd~ City Manager ~ Director of Fiscal Operations Flsuel & Munlcip,l Servicee ~"~ ~ ' ~,(~,~ ~ ~ · prepared By Lee Ann Bunselffieyer/~/ Ce~h & Debt Administrator MONTHLY INVESTMENT REPORT Period Ending October 3~, 1999 Federal Agency Issues. Discount 34 096 000 33 628 233 33 606 172 19 88% 95 5 25% Treasu~ Securities Coupon 10 000,000 10 006 243 10 022 500 5 91% 181 6 19% TOTAL INVESTMENTS ~;169~440~000 ~169~182,139 ~187r538,987 10000% 475 548% Portfolio Yield vs Policy Benchmark Difference $42,2t9 PORTFOLIO SUMMARY RECONCILIATION Change From Change ~n Value ae]~ln_fl.ln~Valu~es_ .Pu~rchase~ . $~[eUMatuntes Purch/Me_tudt~s of Se=uriti_e.~ __En_dl.n~.Value_s ._ Face Value $165 936 000 14 686 000 (t 1 180 000) 0 0 $169 446 000 Book Value $166 790 735 14,634 585 (11 164 646) 3 369 939 21 465 $169 182 139 Market Value $164 139 843 14 634 585 (11 166 877) 3 373 708 25 437 $167 538 986 Unrea[~sed Gain/Lose ($1 643 151) Change To Market Value $3 398 145 In~ea~e In the po~lo is due to the collation of propsr~y taxe~ 0.0 30 Da~ 31 180 D.a~_ 1111' 360 pa~ 361 720' Days 721 &.Over .... TO~I _ --- M/~TURITY TIME FRAME 14 51% 24 49% 19 20% 15 14% 26 66% 100 00% ~ _ In~sfl~tuti.on .... .Pa_r_Value I~arket Vatue Avg Bank Bal Va.~ance_ .... Percentage_ ~ Texas Bank $5,119,519 $5 081 590 $3 788 226 $1 293 364 134 14% (Does Not Include FDIC) First State Bank 723 972 701 574 46,854 654 720 1497 36% Bank One 904,741 925 691 158 013 767 678 585 83% ~ .O.f~e.~.~flnBL.F~_nda" ._Mon_9~. ~E..~M__ __F.Y To-_D.a. ta Budget . - Variance % Earned (Represents Portfolio Earnings Only) General Fund $60 444 $60,444 $810,000 ($749,556) 7 46% Etectrlo Fund 323,625 $323 525 3 500 000 (3 176 475) 9 24% Water Fund 93,611 $93 611 1 636 273 (1 542 762) 5 71% Weatawater Fund 38 571 $38 571 765 885 (727 314) 5 04% Solid Waste Fund 22,982 $22 982 315 995 (293 013) 7 27% MARKET UPDATE Source Public Investor November 2 1999 At itu last meeting, the Fed indicated that it ia more hkely to raise rather than lower rates at tuture rneebngs V~lume t7 Number 11 Many exl~ct the Fad to raise mtea because of economic data that suggest a strong economy and hint of futura infla6on Inflation indicators suggest lflat Inflat~on is ;ncraasing as bath the consumer and producer pr;ce indexes increased In September However many economists behave the Fed wi;I delay another rata hike to forestall a Y2K liquidity c~unch The Fed has taken several measures to increase liquidity before the Year 2000 Late last month the Fed announced l~e creation of"Special Liquidity Facility" to provide extra liquidity to U S flnan;ial institutions during the year 2000 ~ransi6on The Fed aisc has ordered extra curran=y to prevent a "mn' on U S banks Despite rm~nt Increaeds in some measures of inflation undedythg inffe6on still remains Iow Kay Rates Cash Markets Interest Rate Outlook . ~Oct29 .- Year.Ago D~Avg FebAvg Ma.~Avg .-. Federal Funds fl 19% 5 25% 5 30% 6 30% 5 30% T Bill 3 Mnth Yield - 5 00% 4 90% 4 90% T Bill 91 Day Yield 5 00% 4 07% T Bill 52 Wk Yield 6 12% 4 06% This Report is ~n full compliance wlth the investment strategy es egtabliehed for the Investment Portfolio and the Public Funds Investment Act (Chapter 2256 023) · ~ Reviewed By O~ana G Orflz R~..ewed B~)Kathy DuBcee A$stetent~CltyManeger ~~~]~ DlrectorofFiaselOpemttons Fiscal & Municipal Services Prepared By Lea Ann Bunselmayer ~ Cash & Debt Administrator ANNUAL INVESTMENT REPORT APPENDIX C Glossary Accrued Interest - In the sale of a new issue of municipal bonds, the dollar amoum, based on the stated rate or rates of imerest, winch has accrued on the bonds from the dated date, or other stated date, up to but not including the date of dehvery When a bond is purchased in the secondary market, the dollar amoum, based upon the stated rate of interest, wluch has accrued on the bond from the most recent interest payment date, up to but not including the date of settlement Accrued interest is prod to the seller by the purchaser and is usually calculated on a 360-day-year basis (assumes each month has 30 days) Agenctes- Federal agency secunlaes Arbitrage - Generally, transactions by winch securities are bought and sold in differem markets at the same t~me for the sake of the profit arising fi.om a dtfference m prices m the two markets With respect to the lSSUanCO of mumcipal bonds, arbitrage usually refers to the dlfferencc between the interest paid on the bonds ISsued and the interest earned by investing the bond proceeds m other securittes Arbitrage profits are penmtted on bond proceeds for various temporary periods after ~ssuance of rnumclpal bonds Imernal Revenue Serwee regulations govern arintrage of mumc~pal bond proceeds Asked - The pnee at winch secunlaes are offered Bankers' Acceptance (BA) - A draft or bdl or exchange accepted by a bank or trust company The accepting mstttutaon guarantees payment of the bill, as well as the ~ssuer Bearer Bond - Bond winch ~s presumed to be owned by the person who holds ~t The Tax Equrty and F~scal Respons~bthty Act of 1982 reqmres the ~ssuance of mumclpal bonds tn fully regtstered form, wtth minor excepUons Btd- The price offered by a buyer of securtl~es (When you are selling securities, you ask for a b~d) Book Value - The original acqms~tmn cost of an mvestmont plus or minus the accrued amort~zaUon or accretion Broker - A. broker brings buyers and sell~rs together for a conmusslon Callable Bond - a bond ~ssue m winch an or part of Its outstanding principal amount may be redeemed before maturity by the issuer under spee~fied cunaYaons Call Prtce- The pnee at winch an issuer may redeem a bond pnor to matunty The pnce is usually at a shght premmm to the bond's ongmal tssue pnee to compensate the holder for loss of income and ownersinp Call R~sk - The nsk to a bondholder that a bond may be redeemed pnor to maturity Capttal Apprectatton Bond - Long-term tax exempt secunty sold at a large d~scount Y~eld is reinvested at a stated rate until maturity at wtuch tune the investor receives total payment Latter represents both pnnc~pal and interest Certtficate of Deposit (CD) - A time deposat w~th a specific maturity ewdenced by a eerUficate Large denonunataon CD's are typ~cany negotiable Page 2 of 6 Collateral - Securmes, evidence of deposit or other property whmh a borrower pledges to secure repayment ora loan Also refers to secuntaes pledged by a bank to secure deposits ofpubhc momes Commerctal Paper (tax-exempO - Short-term, unsecured prormssory notes issued in either registered or bearer form, and usually backed by a line of credit wtth a bank Mamrmes do not exceed 270 days and generally average 30 - 45 days Comprehens~veAnnual FtnanctalReport (CAFR) - The official annual report for the City of Denton It includes five combined statements for each mdtvidaal fund and account group prepared m conformity with GAAP It also includes supporting schedules necessary to demonstrate comphance with finance related to legal and contractual provisaon, extensive introductory nmtenal, and a detailed Stat~staeal Section Coupon - (a) The annual rate of interest that a bond's ~ssuer pronuses to pay the bondholder on the bond's face value (b) A certaficate attached to a bond evidencing interest due on a payment date Current Yteld- The ratm of the annual dollar amount of interest to the purchase price of a bond, stated as a percentage For example, a $1,000 bond purchased at par, with an 8% coupon pays $80 per year, or a current yield of 8% The same bond, if purchased at a discounted price of $800, would have a currem yteld of 10% Dated Date - The date of a bond issue, pnnted on each bond, from wluch interest usually starts to accrue, even though the bonds may actually be dchvemd at some later date Dealer - A dealer, as opposed to a broker, acts as a pnnclpal m all transaetmns, buymg and selling for h~s own account Debenture - A bond secured only by the general credtt of the tssuer Dehvery Date - Date on wluch the bonds are physmally debvered in exchange for the payment of the purchase price The date oftssuance ts the same date as the dehvery date Dehver Versus Payment - There are two methods of dehv~ry of securities dehvery versus payment and delivery versus reeeapt Dchvery versus payment as dehvery of secuntaes with an exchange of money for the securities Dehvery versus receapt ts dehvery of secunttes vath an exchange of a sagned receipt for the secunUes Dtscount- The difference between the cost price of a security and tts maturity when quoted at lower than face value A security selhng below original offenng price shortly aRer sale also is constdered to be at a discount D~scount Securtttes- Non-interest beanng money markot mstmments that are issued a discount and redeemed at maturity for full face value, e g U S Treasury Balls Dtverstficatton- Daxadmg mvestment funds among a variety of seeuntaes offering independent returns Federal Credtt Agenctes- Agenctes of the Federal government set up to supply erecht to various classes of mstatut~ons and mdtvtduals, e g, S & L's small business firms, students, farmers, farm cooperatives, and exporters Federal Depostt Insurance Corporatton (FDIC) - A federal agency that tnsures bank deposits, currently up to $100,000 per depostt Federal Futtds Rate - The rate of mterest at winch federal ftmds are traded Th~s rate ~s currently pegged by the Federal Reserve through open-market operataons Federal Home Loan Banks (FHLB) - The mstatntaons ~at regulate and lend to savings and loan assoclataons The Federal Home Loan Banks play a role analogous to that played by the Federal Reserve Banks vts-a,vis member commerctal banks Federal National Mortgage Assoctatton (FNMA) - FNMA,I like GNMA was chartered under the Federal NaUonal Mortgage Assoctataon Act m 1938 FNMA is a fe0eral corporaUon workang under the ansptces of the Dep~raent of Housing and Urban Development (HUD) It is the largest single provader of res~denttal mortgage funds m the Umted States Fanme Mae, as the corporataon ts called, ~s a private stockholder ,owned corporaUon The corporataon's purchases mclude a variety of adjustable mortgages and second loans, tn addmon to fixed-rate mortgages FNMA's secunttes are also haghly hqmd and are wtdely accepted FNMA assumes and guarantees that all seennty holders will recetve mnely payment of pnnctpal and interest Federal Open Market Committee (FOMC) - Consists of s~ven members of the Federal Reserve Board and five of the twelve Federal Reserve Bank Presidents Th~ President of the New York Federal Reserve Bank ~s a permanent member, winle the other Presidents serve on a rotalang bas~s The Committee penodtcally meets to set Federal Reserve gu~dehnes regarding purchases and sales of Government SecunUes m the open market as a means of mfluencmg the volume of bank credit and money Federal Reserve System - The central bank of the Umted $~ates created by Congress and ennslstmg ora seven member Board of Govemors m Washmgten, D C, 1~ regtonal banks and about 5,700 commercial banks that are members of the system F~scal Year - A twelve-month period winch deterrmnes the Bmr frame for finanoal repomng, budgetmg, and accounting At the end of the fiscal year, financtal posm0n and results of operaUons are determined Government National Mortgage Assoctatlon (GNMA o~ Ginnte Mae) - SecunUes udluencmg the volume of bank crecht guaranteed by GNMA and tssued by 0aortgage bankers, commercial banks, sa .x~n.gs and loan aasocmtmns, and other mstrtntaons Security holder ts protected by full farth and credit U S Government Cnnme Mae seeunttes are backed by th~ FHA, VA or FMHM mortgages The term "pass throughs" Is ofl~m used to describe Cnnme Maes Interest - Cempensa'aon for the use of borrowed money, g6nerally expressed as an annual percentage of the principal amount Ltqutdtty- Usually refers to the ability to convert assets (such as investments) into cash Market Value - The Current face or par value of an investment muluphed by the net selling price of the secunty as 'quoted by a recograzed market pnclng source quot~l on the valuataon date Master Repurchase Agreement - A written contract coveting all future transacUons between the parers to repurchase - reverse repurchase agreements that estabhslles each party's rights m the transaettons A master agreement vail often specify, among other thm~s, the right of the buyer-lender to hqmdate the underlying seeun'aes m the event of default by the seller-borrbwer Page 4 of 6 Maturtty- The date upon which the principal of a munmlpal bond becomes due and payable to the bondholder Money Marl*et - The market m wluch short-term debt instruments (bills, corrmaercml paper, bankers' acceptanees,~ otc ) are issued and traded Note - A written, short-term prounse of the issuer to repay a ,specified principal amount on a certain date, together with mterest at a stated rate, or according to a formula for determimng that rate, payable from a defined source of antmlpated revenue Notes asually mature m less than five years Offer - The,price asked by a seller of sceunttes tW~hen you ale buying securities, you ask for an offer ) Open Mariner Operations - Purchases and sales of goverument and certam other securities in the open market by the New York Federal Reserve Bank as d~reeted by the FOMC m order to influence the volume of money and crecht m the economy Purchases reject reserves m the bank system and stanulate growth of money and credit, sales have the opposite effect Open market operataons are the Federal Reserve's most important and most flerdble monetary pohcy tool Ortgmal Issue Discount - An amount wluch represents the difference by wluch par value exceeds the public offertng pnee of a new issue or part of an issue oflmumcipal bonds Original issue discount is amortized over the life of the bonds and ts generally treated as tax-exempt interest When the mvestor sells the bonds before matanty, any profit or loss realized on such sale ~s figured on the adjusted cost basis for tax purposes The adjusted cost basts is calculated for each year the bonds are outstanding by adding the accretion value to the original offenng pnee The accretaon value is deternuned by the rules and regulations of the Internal Revenue Senaee Selling the bonds at a price m excess of the ad.~usted cost basts would result m a taxable gain for the seller, wlule a selhng pnee below that level would be ~'eated as a loss for raceme tax purposes Par Value ,- In the case of bends, the amount of pnneipal winch must be pa~d at maturity Par value is also referred to as the face amount of a seeunty Pooled Fund Group - An internally created fund of an investing entity m wbach one or more mst~taUonal accounts of the investing entity are invested Portfoho - Collection of secunUes held by an investor Premmm - The amount by wluch the pnce paid for a security exceeds par value, generally representing the chfference between the nonunal interest rate and the actual~ or effective retum to the mvestor Primary Dealer - A group of government securmes dealer~ who subnut daily reports of market acUvity and positions and monthly financial statements to the Federal Reserve Bank of New York and are subject to its informal oversight Prunary dealers mclude Secuntaes and Exchange Coranussmn (SEC) - registered socunUes broker-dealers, banks, and a few unregulated firms Primary Market - The market for new issues of mumctpal socunUes Principal - The face amount or par value cfa bond or issue 0fbonds payable on stated dates of maturity Prudent Person Rule - An investment standard In some states the law requires that a fiduciary, such as a trustee, may revest money only m a list of secunttes selected by the custody state--the so-called legal Page 5 of 6 list In other states the trustee may invest m a secumy if it is one which would be bought by a prudent person of dlsuretlon and intelligence who is see!ang a reasonable income and preservation of capital Qualified Public Depositories - A financial lnstltulaon which does not clann exempUon from the payment of any sales or compensating use or ad valorem ta~es under the laws of flus state, wluch has segregated for the benefit of the comnussaon eligible collateral having a value of not less than its maxunum habflity and wluch has been approved by the Pubhc Deposit Protection Commission to hold public deposits Quahfied Representative - A Person who holds a posmon with a business organization, who is anthonzed to act on behalf of the business orgarazaUon, and who is one of the following (a) for a business orgamzatton doing business, that is regulated by or reg,stered with a securmes commission, a person who is r~glstered under the roles of the National Association of Seeurit~es Dealers, (b) for a state or federal bank, a savings bank, ox' a state or federal credit umon, a member of the loan comnuttee for the bank or branch of the bank or a person authorized by corporate resoluUon to act on behalf of and bind the banking ,nsmutlon, or (c) for an investment pool, the person anthofized by the elected official or board with authority to administer the act~wt~es of the investment pool to sign the written lustrument on behalf of the investment pool Rate of Return - The y~eld obtainable on a security basedl on ats purchase puce or its current market puce Th~s may be the amorUzed yield to matumy on a bond the current raceme return Ratings - Evaluations of the credat qualay of notes and Ibonds usually made by independent rating services, although many financial mstttut~ons also rate bonds for their own purposes Ratings generally measure the probabthty of the lamely repayment of pnnclpal,of and interest on mumc~pal bonds Ratings are m:tually made before xssuance and are conUnuously reviewed and may be amended to reflect changes m the issuer's credat posmon The reformation reqmred by the rating agencies vanes with each bond assue, but generally includes demograplucs, debt burden, ~eeononuc base, finances, and management structure The reformation ~s evaluated and the issue is!assigned a letter rating which reflects the credltworttuness of the bonds The lugher the credat rating, the more favorable the effect on the marketability of the bond Repurchase Agreement - A simultaneous agreement to buy, hold for a specified Ume, and sell back at a future date obhgataous described by Sectaon 2256 009(a)(1), at a market value at the time the funds are chsbursed of not less than the prmcapal amount of the funds disbursed The tema includes a direct security repurchase agreement and a reverse seounty repurchase agreement Safekeeping - A service to customers rendered by banks fox a fee whereby securltaes and valuables of all types and descnpUous are held m the bank's vaults for proteetaon Secondary Market - A market made for the purchase and sale of outstanding issues following the lmUal distribution Securmes and Exchange Commission or SEC - The f~eral agency responsible for supervising and regulating the secuntae$ mdustty Generally, mumc~pal securities are exempt from the SEC's reg~strataon and reporting requirements However, the SEC has ro~onslbthty for the approval of Mumclpal Secunues Rulemakmg Board rules, and has juns&eUon, pursuant to SEC Rule 10b-5, over fraud m the sale of mumcipal secuntaes Page 6 of 6 Securttv- Generally, credence of debt or equity ~n a common enterprise ~n wlnch a person invests in the expectataon of earning income The term includes notes, stocks, bonds, debentures, mortgages, and other fomas of negotaable and non-negotaable evidences of indebtedness or ownership Unless exempted, as are mumclpal bonds, secunttes transactaons are subject to federal and state regulation Separately Invested Asset - An account or fund of a state agency or local govenunent that ~s not invested in a pooled fund group Treasury Securmes - Debt obhgataons of the Umted States Government sold by the Treasury Department in the forms of bills, notes, and bonds Balls - Short-term obhgataons whach mature an one year or less, and are sold at a d~scount m hen of paying periodic interest Notes - Interest bearing obhgatlons which mature between one year and 10 years Bonds - Interest bearing long-term obligations wbach generally mature ~n 10 years or more Yteld Curve - A graph wluch plots the y~elds on securities with equivalent quality but d~fferent maturities, at a given point m tune The vertical axis represents the interest rates, wlule the horizontal ams depicts the years to maturity The term structure of interest rates, as reflected by the y~eld curve, will vary according to market condmuns, resultm_g m a variety of yteld curve configurations Normal or Positive Yield Curve - Inchcates that short-term seeuntaes have a lower interest rate than long-term secuntaes Inverted or Negattve Yield Curve - Reflects the sltuataon of short-term rates exceeding long-term rates Flat Yield Curve - Reflects the sltuataon when short and long-term rates are the same Humpback Yield Curve - An unusual shape, mchcatmg that rates arc nsmg m the early years, pealcng m the unddle years and decluma~ m later years Yield to Maturity - The rate of return to the mvestnr earned from payments of principal and interest, with interest compounded senuanuually and assuming that interest prod ~s reinvested at the same rate Y~eld to maturity takes mtn account the t~me value of the investment Zero Coupon Bond - A bond wtuch pays no interest, but is issued at a deep discount from par, appreclatmg to its full value at maturity