DUNCANVILLE The Perfect Blend of Family, Community & Business www.duncanville.com
DUNCANVILLE CITY COUNCIL MEETING AGENDA INCLUDING JOINT MEETING WITH DCEDC BOARD TUESDAY, MARCH 19,2013
BRIEFING SESSION - 6:00 P.M. Briefing Room, City Hall 203 E. Wheatland Road
AGENDA
1. Review and discuss upcoming calendar items. • Discuss Volunteer Appreciation Banquet • Discuss date and location for Council Retreat
2. Discuss and consider future agendas and workshops. • Workshop scheduled for April 8,2013 at 6:00 p.m. o Receive presentation from TX Department of Transportation o Review Rules of Procedure
3. Review and discuss all agenda items.
REGULAR MEETING -7:00 P.M. INCLUDING JOINT MEETING WITH DCEDC BOARD Council Chambers, City Hall 203 E. Wheatland Road
AGENDA
Invocation Pledge of Allegiance Mayor's Report Recognition of Visitors / Proclamations / Presentations Citizens Public Comment Period [Each speaker will be allowed two (2) minutes to address the council.]
CONSENT ITEM(S)
lC. Approval of minutes for March 4, 2013 Workshop, March 5, 2013 City Council Meeting. 2C. Approval of an expenditure in the amount of $116,000 (General Fund) with APAC for FY 12-13 hot mix asphalt overlay program.
3C. Approval of annual purchase of Security Guard Services at the Duncanville Fieldhouse with Applied Operations Security and Investigation Services Inc., in the amount of $60,000 through the Tarrant County Security Guard Services Cooperative.
4C. Approval of annual purchase of Fuel with Douglass Distributing Company, in the amount of $447,068 through the Tarrant County Fuel Cooperative.
SC. Approval of a sign variance for a property located at 480 E. Wheatland Rd. to erect wall signage with an area of 39 square feet vs. the ordinance allowance of 9.2 square feet.
REPORTSIRECOMMENDATIONSIREQUESTS
6. Discuss and consider approval of Ordinance No. 2193, amending the Code of Ordinances by amending Chapter 16A, Sign Guidelines, Article II, Definitions; Section 16A-5, Definitions, Article VIII, Rules for Specific Sign Types; Section 16A-35 Related Political Signs.
7. Receive presentation from Mr. Barton Burnett and his Engineering class from the Duncanville High School Engineering Program.
8. Discuss and consider directing staff on the request of Robert Ramoz, representing Templo Bautista Nueva Jerusalem, to grant a Special Use Permit "SUP" to allow a Religious Institution (Church) on Lot 2A, Block 3, Woodhaven Addition, more commonly known as 1408 North Main Street.
9. Receive Capital Projects Update from Public Works Director Steve Miller.
10. Discuss and take action on CA Forensics Audit
11. Receive Councilmember Reports - Items of community interest regarding which no action will be taken, as authorized by Section 551.0415 of the Government Code.
12. Recess Regular Council Meeting and Call to Order Joint Meeting with the DCEDC (Duncanville Community and Economic Development Corporation) Board
A. Recess into Executive Session in compliance with Texas Government Code:
Section 551.071; Consult with City Attorney regarding 1. Pending litigation on: (a) DCEDC v. MARA; (b) Community Bank v. City of Duncanville et al. B. Reconvene into Regular Open Session and discuss any item and/or take any action necessary as a result of the Executive Session.
13. Adjourn Joint Meeting with the DCEDC and Reconvene Regular meeting of the City Council
14. Recess into Executive Session in compliance with Texas Government Code:
Section 551.071; Consult with City Attorney regarding 1. Pending litigation on: (a) Paul Ford v. City of Duncanville et al; (b) Carlson settlement.
Section 551.074; Personnel 2. Discuss Prosecutor Services for Municipal Court
15. Discuss any item and/or take any action necessary as a result of the Executive Session.
Posted Friday, March 15, 2013 at 5:00 P.M.
Angie Wa e, Interim City Secretary
As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be convened into closed executive session for the purpose of seeking confidential legal advice from the City Attorney on any agenda item listed herein.
The City of Duncanville does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its programs or activities. If you have a request for services that will make this program accessible to you, please contact the City of Duncanville at least 72 hours in advance at (972) 780-5012. (TDD access 1-800-RELA Y -TX) March 2013 April 2013 Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa March 2013 1 2 1 2 3 4 5 6 3 4 5 6 7 8 9 7 8 9 10 11 12 13 10 11 12 13 14 15 16 14 15 16 17 18 19 20 17 18 19 20 21 22 23 21 22 23 24 25 26 27 24 25 26 27 28 29 30 28 29 30 31
Sunday Monday Tuesday Wednesday Thursday Friday Saturday Feb 24 25 26 27 28 Mar 1 2 8:30am 9:00am KDB ..-< Meeting --M, ' 10 11 12 13 14 15 16 , . 6:30pm 8:30pm Park I 7:00pm 7:30pm BOA 8:00am 8:30am Court 6:30pm 8:30pm CRC 7:00pm 10:00pm i Lrl Board Meeting Duncanville Police ..-< - , 7:00pm 7:30pm Department's 2012 0 ..-< I Planning & Zoning Awards Banquet --M _ g,mmission - (Northwood Universi 17 18 19 20 21 22 23 . 6:00pm 6:30pm City 8:00am 8:30am Court 6:30pm 8:30pm DCMC N Council Meeting N 0 :00pm 4:30pm , RaceTrac Ribbon /'-. ..-< Cutting --M 5:00pm 5:30pm Court 24 25 26 27 28 29 30 7:00pm 7:30pm IY 10:00am 11:00am 8:00am 8:30am Court I ¥ Best Southwest Quart] (j\ Planning & Zoning Audit Committee Me N , Commission 6:30pm 7:00pm ' Lrl --' Sunday Monday Tuesday Wednesday Thursday Friday Saturday Mar 31 Apr 1 2 3 4 5 6 6:00pm 6:30pm City 8:00am 8:30am Court 8:30am 9:00am KDB <.D Coundl Meeting Meeting 5. « .....· M '-- ro ::E: 7 8 9 10 11 12 13 V'b:OOpm 6:30pm 7:00pm 7:30pm BOA 8:00am 8:30am Court Coundl Workshop Meeting 11:30am 12:00pm M ..... (Briefing Room) Chamber Luncheon r-..· 6:30pm 8:30pm P ark (Methodist Charlton Medical Center) «5. Board 7:00pm 7:30pm Planning & Zoning C I I 14 15 16 17 18 19 20 6:00pm 6:30pm City 8:00am 8:30am Court 6:30pm 8:30pm DCMC 0 Coundl Meeting 5:00pm 5:30pm Court N .r-.....· '-- «a. 21 22 23 24 25 26 27 7:00pm 7:30pm 6:30pm 7:00pm 8:00am 8:30am Court r-.. Planning & Zoning DCEDC Meeting N Commission 7:00pm 7:30pm BOA .....· N Meeting '-- «a. 28 29 30 May 1 2 3 4 .r- >- ro ::E: 00· N '-- «a. Angie Wade 1 3/12/2013 9:02 AM INVOCATION To be determined PLEDGE OF ALLEGIANCE Interim City Secretary Angie Wade MAYOR'S REPORT VISITORS Miss Duncanville Lakesha Clark Lakesha Clark(bom August 25, 1989) is a beauty queen, aspiring on-air talent, and a recent graduate of Prairie View A&M University with a Bachelor of Science in Mathematics. Although a native of Dallas, Texas, Miss Clark is quite familiar with Duncanville because her father has lived in the area for a little over 30 years! Lakesha graduated salutatorian of her senior class in 2007 from Townview Law Magnet and has been active in the pageant circuit ever since. She won the title of Miss Law Enforcement while attending Townview Law Magnet High School in 2007 and was later crowned Miss Prairie View A&M University in 2011. Holding the title of Miss Alamo City in 2012, Clark was able to compete in the Miss Texas- America scholarship pageant for the first time last summer where she won an Alpha Fitness Award during the preliminary competition. Continuing to pursue her dream as Miss Texas, Lakesha won the title of Miss Duncanville in November 2012 and will be representing the "City of Champions" in the Miss Texas Pageant in July of this year. Her platform is, "Girls 4 S.T.E.M. (Science, Technology, Engineering, & Mathematics): A Flower Ready to Bloom," where she motivates and encourages girls to embrace S.T.E.M. academics and to consider these fields of study as possible degree options and career choices later in life. CITIZEN PUBLIC COMMENT PERIOD The Citizen's Public Comment Period is a time for the public to address the City Council on any subject. However, the Texas Open Meetings Act prohibits us from discussing any subject raised during the Citizen s Public Comment Period that is not on the agenda; except that the Councilor staffmay give specific, factual information in response to the inquiry or propose that the subject be placed on an agenda for discussion at a future meeting. Any citizen wishing to speak, must file a request card with the City Secretary prior to the start of the Council meeting. When called forward, please state your name and address for the record, and limit your comment to two minutes. NOTE: As a reminder, the Citizen Public Comment Period is not televised during Election Season Agenda Item 1 C Approval of Minutes BACKGROUND OF ISSUE: Minutes are attached for the March 4,2013 Workshop and the March 5, 2013 City Council Meeting FINANCIAL IMPACT: N/A OPERATIONAL IMPACT: N/A RECOMMENDATION: City Council approval is requested CITY COUNCIL WORKSHOP MARCH 4, 2013 The City Council held a workshop on Monday, March 4, 2013 at 6:02 p.m. with a quorum present, to wit: Deborah Hodge Mayor Janet Harris Councilwoman Don Freeman Councilman Stephen Jones Councilman, absent Leslie Thomas Councilwoman Mark Cooks Councilman Johnette Jameson Mayor Pro Tem ITEM 1. Receive and discuss presentation from Fire Department concerning Community Alert Warning System. Scott and Carol Hollingsworth, representing DH Marketing and Federal Signal, presented options to the current Community Alert Warning System. Current system was explained including: original 16 sirens installed in 1995 by Federal Signal, A TI Siren Controls were installed on Federal Signal Sirens in 2002 as well as Activation Point Hardware being replaced, replacement parts are increasingly unavailable. Option 1 presented includes using existing poles, which will need to be reevaluated for stress, existing sirens used - replace controllers, check drivers, antennas and coaxial cables, replace activation site hardware and software, projected cost of $285,000. Option 2 is to replace with electro-mechanical sirens, cheaper to purchase and maintain, higher dB output requires less sirens to cover City, available in DC or AC/DC, projected cost of $220,000. Optional emergency tools explained including NOAA, WeatherBug and K-12 Campus Safety. ITEM 2. Receive and discuss presentation from Fire Department concerning Response Guidelines. Fire Chief David Giordano discussed current staffing issues and requirements by regulatory agencies such as the TX Commission on Fire Protection, National Fire Protection, OSHA, EPA, Dept. of Health and Human Services, DEA and ISO. TX Commission on Fire Protection rules are mandatory. In 2008 minimum staffing was reduced from 13 per shift to 11 and from 4 on an engine to 3. Per TX Commission on Fire Protection an engine cannot begin an interior attack at the scene of a fire with less than 4 firefighters, which requires waiting for another apparatus to arrive; all written staffing standards call for a minimum of 4 on an engine. Station 1 is minimally staffed with: Engine - 1 captain, 1 FEO, 1 FFIP; Ambulance - 2 FFIP. Station 2 is minimally staffed with: a Battalion Chief; Quint - 1 captain, 1 FEO, 1 FFIP; Ambulance - 2 FFIP. Minimum of 14 to 15 staff recommended on any fire ground. A search and rescue may be started with 3 firefighters on scene only when a human life is in imminent danger. ITEM 3. Discuss and consider directing staff on Employee and Volunteer Appreciation Event. City Council would like to recognize board members with an appreciation event. Discussion included: a social 'thank-you', certificates of appreciation with lapel pins. Interim City Secretary was directed to begin planning by checking availability of Senior Center on April 11 and checking on price of food. ITEM 4. Review and update City Council Work-plan for FY 2012/13. Discussion included: City Council reviewed the FY 2011112 Work-plan and updated for FY 2012/13. ITEM 5. Review changes to Rules of Procedure. Discussion included: template dated November 15,2011 discussed, were changes ever approved by Council; item needs to be set for a workshop; will pull from March 5 Agenda. ITEM 6. Review Sign Ordinance as it pertains to the Political Signs. Council expressed desire to go back to previous Ordinance, which was approved on 10/05/2004. ITEM 7. Discuss development of City of Duncanville Visitor's Center. Discussion included: place rack in City Hall foyer; City information; City needs to support Chamber; information center; how to monitor what would be placed in it ITEM 8. Discuss possibility of working with a local college regarding available Economic Development Grant Money. Discussion included: Mayor Hodge met with representatives from Cedar Valley College; received grant money; may be tied to jobs; money possibly coming from federal government. The meeting was adjourned at 9:35 p.m. APPROVED: MAYOR ATTEST: INTERIM CITY SECRETARY CITY COUNCIL BRIEFING SESSION MARCH 5, 2013 A briefing session of the City Council was held Tuesday, March 5, 2013 at 6:00 p.m. with a quorum present, to wit: Deborah Hodge Mayor Janet Harris Councilwoman, absent Don Freeman Councilman Stephen Jones Councilman Leslie Thomas Councilwoman Mark Cooks Councilman Johnette Jameson Mayor Pro Tern The following staff members were also present: Interim City Manager Greg Contreras, Interim City Secretary Angie Wade, Police Chief Robert Brown,Assistant Fire Chief.Sam Rohde, Public Works Director Steve Miller, Assistant Public Works Director Mike Brownlee, Public Information Officer Claudia Garibay, and City Attorney Julie Fort. 1. REVIEW AND DISCUSS UPCOMING CALENDAR ITEMS The following items were discussed: ...... th • Friday, March 8 , drawing for placeIllentolfthe ballot in the ]3riefing Room at 10:00 AM; th • Interim City Manager Greg Contrerlls will be out of theoffi~e Friday, March 8 , through th Tuesday, March12 ...... >...... •.. .. . • Friday, March15th,PoliceA.waxds Banquet at Northwood.University • Wednesday, March 20th at 4:00PM, Racetrac Ribbon Cutting • Thursday, March 2Slh at 11 :30AM, Best Southwest Quarterly Luncheon at Hilton Garden Inn 2. DISCUSS AND CONSIDER FUTURE AGENDAS AND WORKSHOPS Workshop tentatively scheduled for April 8th at 6:00PM: • Receive presentation from TX Dept. of Public Transportation in reference to the IH20 service road . • Rules ofProcedure 3. REVIEW A~CONSIDER APPROVAL OF PROPOSED LIST OF ELECTION JUDGES DEBATIR Y CONSIDERAR LA APROBACION DE LA LISTA DE PROPUESTA DE LOS JUICES ELECTORALES Early Voting Judge Juanita Swafford Election Day Judges Byrd Intermediate Lucy Weaver Reed Intermediate Shirley Brown Fairmeadows Elementary Sandra Julien 4. REVIEW AND DISCUSS ALL AGENDA ITEMS ITEM IC. Amend minutes to reflect proper title of Anne Williams as Founder and Artistic Director. ITEM2C. Pull from Agenda. ITEM 3C. No Discussion. ITEM4C. No Discussion. ITEM5C. No Discussion. ITEM 6C. Move to Executive Session. ITEM 7C. Councilman Freeman offered project informatiorito Council including staffing, revenue, proper zoning, recovering costs, restaurant possibility,. and a minimum height of 8 foot contiguous retaining wall. .. ITEM 8. Pull from Agenda. The Briefing Session adjourned at 6:55 p.m. APPROVED: MAYOR ATTEST: CITY COUNCIL REGULAR MEETING MARCH 5, 2013 A regular session of tlieCity C9:uncil was held Tuesday, March 5, 2013 at 7:06 p.m. with a quorum present, to wit: ' .. Deborah Hodge Mayor Janet Harris Councilwoman, absent Don Freeman Councilman Stephen Jones Councilman Leslie Thomas Councilwoman Mark Cooks Councilman Johnette Jameson Mayor Pro Tern The Invocation was provided by Bishop Robert Etheridge with Shekinah Glory. The Pledge of Allegiance and Texas Pledge were led by Interim City Secretary Angie Wade. CITIZENS PUBLIC COMMENT PERIOD Mayor Hodge read a prepared statement regarding procedure for Citizens' Public Comment Period indicating that Councilmembers will not respond to citizen comments except for providing factual information. The following persons spoke during the Citizens' Public Comment Period. Mayor Hodge also reminded staff and citizens that the Citizens' Public Comment Period is not recorded during Election Season. Jeff Burton, 810 Delphi - read a letter that he handed out to Council requesting a State of the City report; referred to request for this report made during a past Citizen's comment period that has received no response. Mr. Burton's letter will be filed with the Council packet. Cindy Jones, 226 Hummingbird Lane - spoke concemingan email sent to Council requesting a State of the City report; would like Council to address City issues wiihcitizens. CONSENT AGENDA Consent Item 2C pulled from the Agenda, Item 6C moved to Executive Session' .. Councilman Cooks made a motion, seconded by Councilman Freeman, to approve Consent Agenda Items 1C, 3C - 5C, and 7C. A vote was cast, 6.in favor, 0 against. ITEMIC. Approval of minutes, as amendedJor a meetingheld on February 19,2013. ITEM2C. Pulled from the. Agenda ITEM3C. Approval ofamendment to ResolutionNo. 20 13c:.:020502. ITEM4C. Approvalof;amendment to Resolution No. 2013-020503. ITEM 5C. .Approval of a professional .services agreement and a Utility Fund Expenditure in the amount of$59,725 with Burgess .and Niple, Inc. for FY 2012-2013 sanitary sewer evaluation survey coveririgthe EA Basin. ITEM 6C. '. Moved to Executive Session ITEM 7C. Approval of an expenditure of DCEDC funds not to exceed $57,000 for an Economic Development Incentive for the proposed medical/general office development to be located at 914,918 E. Hwy 67 and other adjacentJots. . . REPORTSIRECOMMENDA'fIONSIREQUESTS ITEM 8. Pulled from the Agenda. ITEM 9. A motion was made by Mayor ProTem Jameson, seconded by Councilman Freeman, to approve the amendments to the Sign Ordinance. A vote was cast, 6 in favor, 0 against. ITEM 10. Receive Councilmember Reports Councilman Cooks announced that Councilwoman Harris' mother had passed away this evening and asked for prayers for her and her family. ITEM 11. Council recessed into Executive Session at 7:24 p.m. III compliance with Texas Government Code Section: 551.071; Consult with City Attorney (a) Pending litigation on DCEDC V. MARA (b) Receive legal advice related to pending zoning cases 551.074; Personnel (a) To deliberate the appointment and/or removal of Board Members (b) Discuss proposals for prosecutor services for the Municipal Court (c) Discuss roles of Councilmembers [Councilman Cooks left the Executive Session at 9:20 p.m.} ITEM 12. Council reconvened at 9:54 p.m. Councilman Jones made a motion, seconded by Councihvoman Thomas, The City Council meeting adjourned at 9:59 p.m. APPROVED: MAYOR ATTEST: INTERIM. CITY SECRETARY Agenda Item 2C Approval of an expenditure in the amount of $116,000 (General Fund) with APA C for FY12-13 hot mix asphalt overlay program. BACKGROUND OF ISSUE: This year's street overlay program consists of placing approximately 1,800 tons of hot mix asphalt on streets shown in the attached exhibit. The overlay program will cover both asphalt streets with curb and gutter and penetration (hog-back) streets. On December 4, 2012, the Council voted to enter into an interlocal agreement with Dallas County which allows the City to use their contracts. The interlocal agreement was approved by Dallas County on January 8, 2013. Through Dallas County's competitive bidding process, APAC's contract recently renewed for overlays at $64.43 per ton. Pending Council approval, the overlay is tentatively scheduled for spring 2013. FINANCIAL IMPACT: $116,000 is allocated in the FY12-2013 General Fund (Street Maintenance) budget for this expenditure. OPERATIONAL IMPACT: N/A RECOMMENDATION: City Council approval ofan expenditure in the amount of$116, 000 with APA C for the FY12-13 hot mix asphalt overlay program is requested. Public Works Department DUNCANVILLE 203 E. Wheatland Road The Perfect Blend of Famil y, COllllllunity and Business. P. O. Box 380280 Duncanville, TX 75138-0280 (p) 972-780-5018; (f) 972-780-6416 (e) [email protected] (w) www.duncanville.com TO: GREG CONTRERAS, INTERIM CITY MANAGER FROM: STEVEN C. MILLER, P.E., DIRECTOR OF PUBLIC WORKS _<'{C/VI DATE: MARCH 5, 2013 SUBJECT: 2012-13 HOT MIX ASPHALT OVERLAY PROGRAM This year's street overlay program will consist of placing approximately 1,800 tons of hot mix asphalt on the streets shown on the attached exhibit. The overlay program will cover both asphalt streets with curb and gutter and penetration (hog-back) streets. On December 4, 2012, the Council voted to enter into an interlocal agreement with Dallas County (Purchasing) which allows the City to "piggy-back" off their contracts. The interlocal agreement was approved by Dallas County on January 8, 2013. In a competitive bid, APAC was awarded a contract in October 2011 with Dallas County for asphalt overlay services. Effective April 21, 2012, Dallas County approved a price increase to $64.43 per ton, which includes hauling charges. (The FYll-12 price was $61.55 per ton). The overlay is tentatively scheduled for spring 2013, pending Council approval. Funds are available ($116,000) in the FYI3 Street Maintenance budget for this expense. Council approval for the expenditure of $116,000 for asphalt overlays for streets is requested. SCM/cec I ~- . ' ~ . " - ~~. DuncanVIlle \ / /.11 Clfyo!Gbampiuns '. \ <\ DALLAS COUNTY Purchasing Department Luke Warner - APAC-Texas, Inc. ([email protected]) CONTRACT EXTENSION NOTICE Annual Contract for Road and Highway Building Materials 2011-102-5731 On October 2,2012 The Dallas County Commissioners Court, per Court Order 2012-1652, approved a twelve (12) month extension to your firm's contract on the referenced solicitation. (October 7,2012 through October 6,2013). Please be aware that all terms, conditions and insurance requirements from the original contract still apply. If you have questions concerning this extension, you may contact Steven Williams in the Dallas County Purchasing Department at 214-653-7434. Please reference the bid solicitation number and title on all inquiries. Sincerely, S fieEia (j). qrafiam Administrative Assistant October 7, 2011-0ctober 6,2012 Dallas County Interlocal 2011-102-5731 Price Increase Effective On 4/21/2012 IN PLACE 1500 TONS OR MORE TYPES LESTON $59.33 GRIBBLE $59.33 SUNNYVALE $61.43 TYPES 500-1499 TONS LESTON $59.85 GRIBBLE $59.85 SUNNYVALE $61 .95 TYPES 7.5-499 TONS LESTON $63.00 GRIBBLE $63.00 SUNNYVALE $65.10 IN PLACE 1500 TONS OR MORE TYPED LESTON $60.43 ~ - GRIBBLE $60.43 SUNNYVALE $62.53 TYPED 500-1499 TONS LESTON $60.90 GRIBBLE $60.90 SUNNYVALE $63 .00 TYPED 7.5-499 TONS LESTON $64.05 GRIBBLE $64.05 SUNNYVALE $66.15 IN PLACE 1500 TONS OR MORE TYPEC LESTON $61.48 GRIBBLE $61.48 SUNNYVALE $63 .58 ADD'I HAUL $0.40 TON MILE IN EXCESS 4 MILES ~ ADD'L MOVE IN $2,000.00 E RED BIRD L u.! <:;,4- ~ i~ W REO BIRD LN W. RED BIRD LN ~ WOODHA V[N Bl \ttl W RED BIRD LN. SCUELA DR f BLVD j. JfUISON I Ii 20 .nUSON' BlW ~ W CAMP I't1SDOM ROAD " CAMP ~ " ~ \'i:\ ~~ ~ \ ~ ~3 § i ~ ~ ~ 'l, ~ I " I t I ~ g / I WCST -1 ~ RIDGE OR LAKESlDf 1 E. DA\IlS / PARK Q. ~ t ':.--1 ... WEST L~ t I < .. - I E. CHERRY ST ~ I J WOOO LNo« /1 E. CENTER '5 J E CHERRY sr ~ . ~ f ST r I E. CE11£R T ~ 1; ~ E. FREEMAN ST ~ ~ I ::! ~ ~CEN7ER / §RID GE / I I" ~ "~ . E. I'rt-IEATlAND iii ROAD ~ w. I'IHEATlAND ROAD ( I~ I'MEArtAND RD ~ .,; BIG STON[ GAP ROAD KATHERINE CT BIG STON~ GAP RO, 0 ~ :5 !:J ':! I ~~ 5 {f ff ~ I 1 \ " TREE r ~.. 'f" ,l cr f. OANlfLDALE ROAD W. DANIELDALE RO w. OANIELDAlE ROAD ~ tl I ~ _ SZODDR ~ ~ ~ ~. ..j- y.;f ~ .. -'1>«- ,. '> (;j.; <4- ... ~. ~R " "", ". E WINTERGREEN ROAD FY 2012-2013 w. WINTERGREEN RD. PROPOSED OVERLAY PROGRAM CITY OF DUN CANVILLE, TEXAS Agenda Item 3 C Approval of an expenditure in the amount of $60,000 with Applied Operations Security and Investigation Services, Inc. through the Tarrant County Cooperative for security guard services at the Duncanville Fieldhouse. BACKGROUND OF ISSUE: The above referenced item is for the annual purchase of security guard services at the Duncanville Fieldhouse through the Tarrant County Security Guard Services Cooperative. The security service provided is armed and uniform security provided by Applied Operations Security and Investigation Services, Inc.; the firm and armed guards are certified by the Texas Department of Public Safety. Local Government Code Section 271.102 provides for the voluntary participation in cooperative purchasing programs with another local government or a local cooperative and satisfies any state law requiring competitive bids. The Tarrant County agreement requires proof of training and/or certification of personnel as Certified Peace Officer, private investigator, or security certification by the State's Department of Public Safety. The City has and currently utilizes Applied Operations Security and Investigation Services, Inc. for security guard services at the Duncanville Library through this same Cooperative and has been very satisfied with their service. The fee is $12.05 per hour for a uniformed and armed guard. The arrangement will provide for one armed security guard six (6) hours per each weekday, Monday through Friday and two (2) armed security guards on Saturdays and Sundays, on average of 13.5 hours per day. This expenditure is recommended by staff to provide a safe and secure environment for the patrons and staff of the Fieldhouse and allowing the City to promote a family-friendly atmosphere for the facility. FINANCIAL IMPACT: Although not budgeted, $30,000 in anticipated savings in reduced marketing activities (more specifically the hiring of a marketing consultant) is available for $30,000 in expenditures for the remainder ofFY 12-13. An estimated $13,000 in fees from rental contracts is available for the remainder ofFYI2-13 to further offset this expenditure along with an estimated increase in user fees and rental charges to absorb the remaining $17,000 in annual expenses. OPERATIONAL IMPACT: N/A RECOMMENDATION: City Council approval of an expenditure in the amount of $60, 000 with Applied Operations Security and Investigation Services, Inc. through the Tarrant County Cooperative for annual purchase ofsecurity guard services for the Duncanville Fieldhouse is recommended City of Duncan ville DUNCANVILLE P.O. Box 380280 The Perfect Blend of Family, Community and Business. Duncanville, TX 75138-0280 www.duncanville.com MEMORANDUM DATE: March 4, 2013 TO: Greg Contreras, Interim City Manager VIA: Tia Pettis, C.G.F.O., Assistant Director of Finance ~ FROM: Brunswick O. Morton, Purchasing Mana ~~ Bart Stevenson, Park and Recreation Director 1././ SUBJECT: Consider Approval of Annual Purchase of Security Guard Services at the Duncanville Fieldhouse with Applied Operations Security and Investigation Services, Inc., in the amount of $60,000 through the Tarrant County Security Guard Services Cooperative: March 19, 2013 Agenda The above referenced item is for the annual purchase of security guard services at the Duncanville Fieldhouse through the Tarrant County Security Guard Services Cooperative. The security service provided is armed and uniform security provided by Applied Operations Security and Investigation Services, Inc.; the firm and armed guards are certified by the Texas Department of Public Safety. Local Government Code Section 271 .102 provides for the voluntary participation in cooperative purchasing programs with another local government or a local cooperative and satisfies any state law requiring competitive bids. The Tarrant County agreement requires proof of training and/or certification of personnel as Certified Peace Officer, private investigator, or security certification by the State's Department of Public Safety. The City has and currently utilizes Applied Operations Security and Investigation Services, Inc. for security guard services at the Duncanville Library through this same Cooperative and has been very satisfied with their service. Tarrant County's agreement provides security at various Tarrant County locations and is also available to its Cooperative members for participation. The Tarrant County Commissioner's originally approved the agreement on October 19, 2010 and also approved the most recent one year renewal at its September 25, 2012 Commissioner's Court meeting. The fee is $12.05 per hour for a uniformed and armed guard. The arrangement will provide for one armed security guard six (6) hours per each weekday, Monday through Friday and two (2) armed security guards on Saturdays and Sundays, on average of 13.5 hours per day. This expenditure is recommended by staff to provide a safe and secure environment for the patrons and staff of the Fieldhouse and allowing the City to promote a family-friendly atmosphere for the facility. For the remainder of FY13, $30,000 will be needed for this service and are not originally included in the adopted FY13 Budget. The necessary funding for this activity will be absorbed from $30,000 in savings by reducing marketing activities, more specifically the hiring of a marketing consultant. For the large weekend tournaments, the City now requires the rental group to pay for the security guard services during their activities. It is anticipated that the city will recoup approximately $13,000 from rentals for the remainder of FY13 budget. In addition, staff will implement pricing strategies for our leagues and on-going activities to reflect the added expense for security. Staff will make appropriate recommendations for the funding of security guard services in the FY14 budget and it is anticipated that the remaining cost ($17,000) for security guard services will be fully I '------:.... h Duncanville ~/-.. ~ Ci~v o/Champions \ .' '--J City of Duncanville DUNCANVILLE P.O. Box 380280 The Perfect Bl end of Family, Community and Business. Duncanville, TX 75138-0280 www.duncanville.com funded through user fees and rental charges. Funds are available in the Fieldhouse Fund's Marketing division's budget ($30,000) for this expenditure in FY13. It is recommended that the City Council consider approval of the annual purchase of security guard services at the Duncanville Fieldhouse from Applied Operations Security and Investigation Services, Inc. through the Tarrant County security guard services cooperative, for a total amount of $60,000. I'----_ ~ ,-.J ~ ~\ Duncanville ~ ~ City of Champions \ ( '--." TARRANT COUNTY PURcgASINGOJ;JPAR~ JACK ~JM.etfA.M, C.~,M ..• A..rW. RO/3' cox, O,p.I\1",. A.P.P, . l'URCf{ASING- AGlllJ:IIT ASSIStANT September ii, 2012 Applied Operations Seeurity and Invasti~ation Services, Inc~ John Jfma, President 202 N Allen Dr. Suite E~104 AH~n, TX 75013 Fs;( (972-390-1735) Subjeot: Annual Contract for SeQuriiy Guard. Services At Various Tarrant County LocatiQns RI;1'farence: BID NO. 2010-121 Dear Mr. Jima: Your oompany was awarded as the Primary for the Armed Security GUard Services and the Sacondary for the Ummned Security Guard Services. Ths referenoed bid wae for twelve (12) montl1s with two (2) optJons to renew for . twelv~ (12) monthS. The orIginal contrac~ ran from Novemb(i.!r 1, 2010 to October 31 , 2011. The first (1) option was from November 1, 2011 to October 31, 2012. Do you wish to continue t.hfs arrange\ment with Tarrant County to &Ilgage in negotiations for the second (2nd) opUon, from November 1 t 2012 to October 31 , 20137 Please advise by signing below and returning by fsx to (817) 884-2629 nQ later " thsm 12;00 Noon on Wednesd~y September 141 2012, X ... YES (X), Applied Operatiot1~ Sacurity snd Investigltition Services, Inc wtll oontlnue for 12 months at the same price(s). -----.. -NO (X), Applied Oper~tjons SecurJty snd Investigation SelVloos, Inc wH.l not continuE! for 12 months Ii'lt the san;~ prtce(s). ~~----... -- '~1w.j)W1~-- ·~--"'_""'~ __ n"-___~~""K" .-~ Susanna Ii. Lea, CPPI3 Applied Operatrol1s Secunw--antt---.. Buy~r for Tarrant County Investigation Services, Inc TARMNT COUNTY AnMINIS'tR/I,:;rrON nvn,1,}[NG, ~60M 303 100 Jil. Wli:ATf.ffiiR.ll'ORO. FOkT WORTIl', 1'Ji)T October 29, 2010 Applied Operations Security And Investigation Services Inc John Jima 202 N Allen Dr. Suite E-104 Allen, TX 75013 Fax (972) 390-1735 Re: BID NO. 2010-121 Annual Contract for Security Guard Services at Various Tarrant County Locations Deer Mr. Jima: It Is my pleasure to inform you that Tarran! County Commissioners' Court has awarded your firm a portion of Bid No. 2010-121, Annual Contract for Security Guard Service. This contractv.111 run from November 1,2010 through October 31,2011, with 1:\\10 (2) options to renew for two (2) additional one-year periods. Prices are to be firm for the entire 1 year period. For your review the award document is attached. If you have any questions, 1 can be reached by telephone at (817) 884-1414, or by fax at (817) 884-2629. Since~y, . ,/ / ~~4' N- ~~""-- Susanna H. Lea, CPPB Tarrant County Cooperative Purchasing Coordinator CC: DaVid Mayberry Attachments TARRANT COUNT\, ADM1NTSTRATION :SUlLDING, RooM;303 Jon E. W€'i\THERFORD: ji'ORT WORTK, TF,XAS N:t,% 81i-S84'~14-1~ S17 .S.~ot.2.jf2? (Faxl ANNUAL CONTRACT FOR SECURITY GUARD SERVICES AT VARIOUS TARRANT COUNTY LOCATIONS BID PROPOSAL n 1. Security Guard SelVices, Uniformed and ~, $ 18.,· Os Weekdays, 6:00 p.m. to 6:00 a.m. 2. Security Guard SelVices, Uniformed and Armed, $ If}.. '&5" Weekdays, 6:00 a.m. to 6:00 p.m. 3. Security Guard SelVi~s, Uniformed and Armed, $ /R· bC;) Weekends, 6:00 a.m. Saturday to 6:00 a.m. Monday 4. Security Guard SelVices, Uniformed and Armed, $ 1/2· O~ County Holidays 5. Mobile Marked Patrol Vehicle at any given location $ I'Ss Note: Hourly Rates must include all cost (per hour) to provide security guard selVices at the locations specified in this RFB. PAGE 34 OF BID NO. 2010-121 ~-- ~~ .-.. ~---.-.---.-~-- Texas Department of Public Safety Certificate afLicense The Texas Private Security Bureau certifies that: APPLIED OPERATIONS SECURITY AND INVESTIGATION SERVICE INC. C13468 Is Duly Licensed as Investigations I Security Contractor Guard Company Under the provisions of Chapter 1702 Texas Occupations Code, as amended This License EXPIRES: 10/3112013 PSg...... :7jV..6j ... 0 •••••• ,.0 COUl\/' -0 • ••~~ ~-P- 0 0 .:~~ --i-.. Vendor Name: :<"fl:1 W:t-: '!~ 00:. .. ." . .0. .. ¥- •• .... :.. ! .... i' •• TARRANT COUNTY PURCHASING DEPARTMENT JACK BEACHAM, C.P.M., A.P.P. ROB COX, C.P.M., A.P.P. PURCHASING AGENT ASSISTANT PURCHASING AGENT BID NO. 2010-121 ANNUAL CONTRACT FOR SECURITY GUARD SERVICES AT VARIOUS TARRANT COUNTY LOCATIONS BIDS DUE SEPTEMBER 20, 2010 2:00 P.M. BID NO. 2010-121 TABLE OF CONTENTS SPECiFiCATIONS ...... 1 - 22 OPENING DATE, TIME, PROCEDURES, CONTACTS ...... 1 GENERAL CONDITIONS ...... 1 - 3 SPECIAL TERMS AND CONDITIONS ...... 4 - 12 EVALUATION CRITERIA ...... 13 TECHNICAL SPECiFiCATIONS ...... 14 - 22 TARRANT COUNTY HUB POLICY ...... 23 - 26 FORM FOR DISADVANTAGED BUSINESS ENTERPRiSES...... 27 VENDOR REFERENCES ...... 28 PROPOSAL FORMS...... 29 - 34 BID SIGNATURE FORM ...... 29 CERTIFICATION OF ELIGIBILITY ...... 30 BID FORMS/DOCUMENTS CHECKLIST ...... 31 - 32 BID PROPOSAL ...... 33 - 34 This Table of Contents is intended as an aid to bidders and not as a comprehensive listing of the bid package. Bidders are responsible for reading the entire bid package and complying with all specifications. ANNUAL CONTRACT FOR SECURITY GUARD SERVICES AT VARIOUS TARRANT COUNTY LOCATIONS Tarrant County is requesting bids for the ANNUAL CONTRACT FOR SECURITY GUARD SERVICES FOR VARIOUS TARRANT COUNTY LOCATIONS for the FACILITIES MANAGEMENT DEPARTMENT. All bids must be submitted on the attached Bid Proposal Form. Bid will be awarded per section. Vendor must bid on all items, per section. Vendors may bid on any or all sections. Tarrant County will not enter into any contract where the cost is provisional upon such clauses as "escalator" or "cost-plus" clauses. ORIGINAL AND ONE (1) COpy OF COMPLETED BID PROPOSALS MUST BE RECEIVED IN THE PURCHASING DEPARTMENT AT 100 E. WEATHERFORD, SUITE 303 FORT WORTH, TEXAS 76102 ON OR BEFORE SEPTEMBER 20,2010 AT 2:00 P.M. All bids, including a "NO BID", are due in the Purchasing Department by the due date, in sealed envelopes or boxes. All bids must be clearly marked with the Bid Number, the name of the company submitting the bid, and date and time of opening on the outside of the envelope/box and/or Air BililDelivery Receipt. Original bid must be clearly marked "ORIGINAL" and contain all original signatures. Any bid received after the date and/or hour set for bid opening will not be accepted. Bidder will be notified and will advise Tarrant County Purchasing as to the disposition by either pick up, return at bidder's expense, or destroyed with written authorization of the bidder. If bids/proposals are sent by mail to the Purchasing Department, the bidder shall be responsible for actual delivery of the bid to the Purchasing Department before the advertised date and hour for opening of bids. If mail is delayed either in the postal service or in the internal mail system of Tarrant County beyond the date and hour set for the bid opening, bids thus delayed will not be considered and will be disposed of as authorized. Bids may be withdrawn at any time prior to the official opening. Alterations made before opening time must be initialed by bidder guaranteeing authenticity. After the official opening, bids become the property of Tarrant County and may not be amended, altered or withdrawn without the recommendations of the PurchaSing Agent and the approval of Commissioners Court. Tarrant County is exempt from Federal Excise and State Sales Tax; therefore, tax must not be included in this bid. Tarrant County reserves the right to accept or reject in part or in whole any bids submitted, and to waive any technicalities for the best interest of the County. No oral explanation in regard to the meaning of the bid specifications will be made and no oral instructions will be given before the award of the contract. Request from interested bidders for additional information or interpretation of the information included in the specifications and all questions should be directed in writing, via facsimile, to: CHERIE SOUTHARD, BUYER FAX: (817) 884-2629 PAGE 1 OF BID NO. 2010-121 ANNUAL CONTRACT FOR SECURITY GUARD SERVICES AT VARIOUS TARRANT COUNTY LOCATIONS All documents associated with this Bid including but not limited to, the bid document, questions and their responses, addenda and special notices will be posted under the Bid number on the Tarrant County website and available for download by bidders and other interested parties. No documents will be faxed or e-mailed after the initial Notice of Intent to Bid prior to bid award. It is the bidders'lrespondents' sole responsibility to review this site and retrieve all related documents prior to the Bid due date. The deadline for receipt of all written questions shall be 12:00 (Noon), Fort Worth time, Friday, September 10,2010. All bids shall specify terms and conditions of payment which will be considered as part of, but not control, the award of bid. County review, inspection, and processing procedures ordinarily require thirty (30) days after receipt of invoice, materials, or service. Bids which call for payment before thirty (30) days from receipt of invoice, or cash discounts given on such payment, will be considered only if, in the opinion of the Purchasing Agent, the review, inspection, and processing procedures can be completed as specified. Invoices shall be sent directly to the Tarrant County Auditor's Office, Attention: Accounts Payable, 100 East Weatherford, Room 506, Fort Worth, Texas 76196. It is the intention of Tarrant County to make payment on completed orders within thirty days after receipt of invoice or items; whichever is later, unless unusual circumstances arise. Invoices must be fully documented as to labor, materials, and equipment provided and must reference the Tarrant County Purchase Order Number in order to be processed. No payments shall be made on invoices not listing a Purchase Order Number. Continuing non-performance of the vendor in terms of Specifications shall be a basis for the termination of the contract by the County. The County shall not pay for work, equipment, or supplies which are unsatisfactory. Vendors will be given a reasonable opportunity before termination to correct the deficiencies. This, however, shall in no way be construed as negating the basis for termination for non-performance. The contract may be terminated by either party upon written thirty (30) days notice prior to cancellation. Bids will be considered irregular if they show any omissions, alteration of form, additions or conditions not called for, or irregularities of any kind. However, Tarrant County reserves the right to waive any irregularities and to make award in the best interest of the County. Tarrant County reserves the right to accept or reject in part or in whole any bids submitted, and to waive any technicalities for the best interest of the County. Bids may be rejected, among other reasons, for any of the following specific reasons: 1. Bids received after the time limit for receiving bids. 2. Bids containing any irregularities. 3. Unbalanced value of any items. PAGE 2 OF BID NO. 2010-121 ANNUAL CONTRACT FOR SECURITY GUARD SERVICES AT VARIOUS TARRANT COUNTY LOCATIONS Bidders may be disqualified and their bids not considered, among other reasons, for any of the following specific reasons: 1. Reason for believing collusion exists among the Bidders. 2. Reasonable grounds for believing that any Bidder is interested in more than one Bid for the work contemplated. 3. The Bidder being interested in any litigation against the County. 4. The Bidder being in arrears on any existing contract or having defaulted on a previous contract 5. Lack of competency as revealed by a financial statement, experience and equipment, questionnaires, etc. 6. Uncompleted work, which in the judgement of the County, will prevent or hinder the prompt completion of additional work, if awarded. 7. Bidders shall not owe delinquent property tax in Tarrant County. Failure to provide signatures, where required and/or submission of required forms, including but not limited to the Bid Proposal Signature Form, Reference Page, Bid Forms/Documents Checklist, Questionnaires (when applicable), Addenda (including revised forms), and any other specified forms or documents will be grounds for rejection of entire bid. Due care and diligence has been used in preparation of this information, and it is believed to be substantially correct. However, the responsibility for determining the full extent of the exposure and the verification of all information presented herein shall rest solely with the proposer. Tarrant County and its representatives will not be responsible for any errors or omissions in these specifications, nor for the failure on the part of the proposer to determine the full extent of the exposures. The successful bidder may not assign their rights and duties under an award without the written consent of the Purchasing Agent. Such consent shall not relieve the assignor of liability in the event of default by the assignee. PAGE 3 OF BID NO. 2010-121 ANNUAL CONTRACT FOR SECURITY GUARD SERVICES AT VARIOUS TARRANT COUNTY LOCATIONS SPECIAL TERMS AND CONDITIONS OF THE CONTRACT 1. Contract Terms: Successful vendor(s) will be awarded a twelve (12) month contract, effective from date of award or notice to proceed as determined by Tarrant County Purchasing. At Tarrant County's option and approval by the vendor, the contract may be renewed for two (2) additional one (1) year periods, as further explained in Renewal Options. Prices must remain firm for the entire contract. 2. Renewal Options: Tarrant County reserves the right to exercise an option to renew the contract of the vendor for two (2) additional one (1) year periods, provided such option is stipulated in the Special Conditions and agreed upon by both parties. If the County exercises the right in writing, the Bidder shall update and submit any legal documents required during the initial solicitation by no later than thirty (30) calendar days prior to the commencement of the option period. These documents, if applicable, will be specified in the Special Conditions and include, but are not limited to, Insurance Certificates and Performance Bonds and must be in force for the full period of the option. If the updated documents are not submitted by the Bidder in complete form within the time specified, the County will rescind its option and seek a new bid solicitation. 3. COOPERATIVE PURCHASING: Tarrant County has the lead role in developing and encouraging Cooperative Purchasing efforts among the governmental entities that are listed on the next page; therefore it would be in the vendor's best interest to help Tarrant County facilitate this cooperative effort. A "NO" answer could result in complete rejection of bid. A. Should other Governmental Entities decide to participate in this contract, would you, the Vendor, agree that all terms, conditions, specifications, and pricing would apply? --Yes No 1) If you, the Bidder, checked yes, the following will apply: a) Governmental Entities utilizing Inter-Governmental Contracts with Tarrant County will be eligible, but not obligated, to purchase materials/services under the contract(s) awarded as a result of this solicitation. All purchases by Governmental Entities other than Tarrant County will be billed directly to that Governmental Entity and paid by that Governmental Entity. Tarrant County will not be responsible for another Governmental Entity's debts. Each Governmental Entity will order their own material/services as needed. b) Delivery to governmental entities located within Tarrant County will be at no charge or as otherwise provided for in the Award Document. Delivery charges, if any, for governmental entities located outside Tarrant County shall be negotiated between the successful bidder and each governmental entity. PAGE 4 OF BID NO. 2010-121 ANNUAL CONTRACT FOR SECURITY GUARD SERVICES AT VARIOUS TARRANT COUNTY LOCATIONS SPECIAL TERMS AND CONDITIONS OF THE CONTRACT c) Vendor(s) awarded contract(s) resulting from Request for Bid (RFB) shall be responsible for providing to Tarrant County, at no additional charge, a complete list of all governmental entities currently utilizing the contract and their annual expenditures. This information shall be provided ninety days prior to the expiration of the contract, or as otherwise requested by Tarrant County. Failure to provide the requested information when requested could delay the renewal process. B. SECONDARY/ALTERNATE AWARD: Secondary or alternate vendors serve in a back up capacity only. In the event the primary is unable to honor the terms and conditions of the contract, the secondary vendor may be called. If the secondary vendor is unable to honor the terms and conditions of the contract the alternate may be called. The primary vendor is the first contact. Use of the secondary or alternate must be approved, in writing, by the Tarrant County Purchasing Agent or his designee. 1) In the event the secondary or alternate vendors are called upon, they will offer the goods and services at the bid prices, or better. Any attempt to increase the original bid price may be cause to remove the vendor from the contract. 2) If the secondary or alternate vendor represents themselves as the primary vendor without written authorization from the Tarrant County Purchasing Agent, or his designee, the secondary or alternate vendor may be removed from the contract. Would you, the Bidder, be willing to accept a secondary/alternate award based on the above? --Yes No PAGE 5 OF BID NO. 2010-121 ANNUAL CONTRACT FOR SECURITY GUARD SERVICES AT VARIOUS TARRANT COUNTY LOCATIONS Entities Currently Participating in Cooperative Purchasing Program with Tarrant County 1. Alamo Heights ISO 49. City of Cedar Hill 99. City of Haltom City 2. Allen ISO 50. City of Cedar Park 100. City of Horizon City 3. Alvord ISO 51. City of Celeste 101. City of Hudson Oaks 4. Anna Fire Department 52. City of Celina 102. City of Huntsville 5. Arlington ISO 53. City of Cleburne 103. City of Hurst 6. Armstrong County 54. City of Cockrell Hill 104. City of Hutchins 7. Atascosa County 55. City of Colleyville 105. City of Irving 8. Bastrop County 56. City of Combine 106. City of Italy 9. Bexar County 57. City of Commerce 107. City of Keene 10. Blue Ridge Fire 58. City of Coppell 108. City of Keller Department 59. City of Copperas Cove 109. City of Kennedale 11. Bosque County 60. City of Corinth 110. City of Killeen 12. Branch Fire Department 61. City of Corsicana 111. City of Krum 13. Brazoria County 62. City of Crowley 112. City of Kyle 14. Brazos County 63. City of Cumby 113. City of La Vernia 15. Brown County 64. City of Dalworthington 114. City of Lake Worth 16. Bulverde Police Gardens 115. City of Lancaster Department 65. City of Decatur 116. City of League City 17. Burnet County 66. City of Denison 117. City of Leander 18. Cameron County 67. City of Denton 118. City of Lewisville 19. Carroll ISO 68. City of DeSoto 119. City of Lindale 20. Carrollton-F armers 69. City of Diboll 120. City of Little Elm Branch ISO 70. City of Duncanville 121. City of Littlefield 21. Castleberry ISO 71. City of Early 122. City of Live Oak 22. Cedar Hill ISO 72. City of Eastland 123. City of Lubbock 23. Chambers County 73. City of EI Paso 124. City of Lucas 24. City of Aledo 74. City of Electra 125. City of Lufkin 25. City of Allen 75. City of Emory 126. City of Lumberton 26. City of Alvord 76. City of Euless 127. City of Mansfield 27. City of Amarillo 77. City of Everman 128. City of Marshall 28. City of Arlington 78. City of Farmers Branch 129. City of McAllen 29. City of Athens 79. City of Ferris 130. City of McKinney 30. City of Aubrey 80. City of Floresville 131. City of Melissa 31. City of Austin 81. City of Forest Hill 132. City of Merkel 32. City of Azle 82. City of Forney 133. City of Mesquite 33. City of Balch Springs 83. City of Fort Worth 134. City of Midlothian 34. City of Bedford 84. City of Frisco 135. City of Murphy 35. City of Benbrook 85. City of Gainesville 136. City of Nacogdoches 36. City of Blue Mound 86. City of Galena Park 137. City of Nederland 37. City of Bovina 87. City of Galveston 138. City of New Braunfels 38. City of Bowie 88. City of Ganado 139. City of North Richland 39. City of Boyd 89. City of Garland Hills 40. City of Bridge City 90. City of Gatesville 140. City of Odessa 41. City of Bridgeport 91. City of Georgetown 141. City of Pasadena 42. City of Brownwood 92. City of Glen Heights 142. City of Pelican Bay 43. City of Bryan 93. City of Godley 143. City of Pharr 44. City of Burkburnett 94. City of Granbury 144. City of Plano 45. City of Burleson 95. City of Grand Prairie 145. City of Pottsboro 46. City of Caddo Mills 96. City of Grand Saline 146. City of Port Isabel 47. City of Carrollton 97. City of Grapevine 147. City of Princeton 48. City of Castle Hills 98. City of Greenville 148. City of Ralls PAGE 6 OF BID NO. 2010-121 ANNUAL CONTRACT FOR SECURITY GUARD SERVICES AT VARIOUS TARRANT COUNTY LOCATIONS Entities Currently Participating in Cooperative Purchasing Program with Tarrant County 149_ City of Red Oak 196_ Decatur ISD 232_ Hunt County 150_ City of Richardson 197_ Denton County 233_ Hurst Euless Bedford 151_ City of Richland Hills 198_ Denton County Fresh ISD 152_ City of River Oaks Water Supply Dist 234_ Hutchinson County 153_ City of Roanoke No_ i-A 235_ Idea Public Schools 154_ City of Rockwall 199_ Denton ISD 236_ Jasper County 155_ City of Round Rock 200_ DeSoto ISD 237_ Jefferson County 156_ City of Rowlett 201_ Duncanville ISD 238_ Jim Wells County 157_ City of Royse City 202_ Eagle Mountain- 239_ Johnson County 158_ City of Runaway Bay Saginaw ISD 240_ Johnson County Special 159_ City of Sachse 203_ Duval County Utility District 160_ City of Saginaw 204_ Ector County 241_ Karnes County 161_ City of San Angelo 205_ Education Service 242_ Kaufman County 162_ City of San Marcos Center Region XI 243_ Kaufman ISD 163_ City of Sansom Park 206_ EI Paso County 244_ Kennedale ISD 164_ City of Sherman 207_ EI Paso County Hospital 245_ Kinney County 165_ City of Sour Lake District dba 246_ Krum ISD 166_ City of Southlake R.E_ Thomason General 247_ Lake Dallas ISD 167_ City of Southmayd Hospital 248_ Lake Worth ISD 168_ City of Springtown 208_ Electra ISD 249_ Lamb County 169_ City ofTaft 209_ Ellis County 250_ Lampasas County 170_ City of Temple 210_ Erath County 251_ Lavon Police 171_ City of Terrell 211_ Everman ISD Department 172_ City of Texarkana 212_ Fannin County 252_ Leon County 173_ City of The Colony 213_ Fort Bend County 253_ Lewisville ISD 174_ City of University Park 214_ Fort Worth Housing 254_ Little Elm ISD 175_ City of Van Alstyne Authority 255_ Lowry Crossing 176_ City of Venus 215_ Fort Worth ISD Volunteer Fire Dept. 177_ City of Waco 216_ Fort Worth 256_ Mansfield ISD 178_ City of Watauga Transportation Authority 257_ McKinney ISD 179_ City of Waxahachie 217_ Freestone County 258_ McLennan County 180_ City of Weatherford 218_ Frisco ISD 259_ McLennan Community 181_ City of Westworth 219_ Grandview Police College Village Department 260_ MHMR of Tarrant 182_ City of White Settlement 220_ Grapevine\Colleyvilie County 183_ City of Whitewright ISD 261_ Midway ISD 184_ City of Wylie 221_ Grayson County 262_ Mills County 185_ Clay County 222_ Gregg County 263_ Montgomery County 186_ Clear Creek ISD 223_ Gunter Special Utility 264_ Montgomery County 187_ Collin County District Hospital District 188_ Collin County 224_ Hardin County 265_ Nacogdoches County Community College 225_ Harris County 266_ Nevada Volunteer Fire 189_ Comal County Emergency Services Department 190_ Cooke County District 267_ North Central Texas 191_ Coryell County 226_ Harrison County Council of Governments 192_ Cottondale Volunteer 227_ Hays County 268_ North Texas Municipal Fire Department 228_ Heart of Texas Region Water District 193_ Crowley ISD MHMR Center 269_ Northwest ISD 194_ Dallas County 229_ Henderson County 270_ Nueces County 195_ Dallas/Fort Worth 230_ Hood County 271_ Olton Police International Airport 231_ Hopkins County Department Board 272_ Orange County 273_ Palo Pinto County PAGE 7 OF BID NO_ 2010-121 ANNUAL CONTRACT FOR SECURITY GUARD SERVICES AT VARIOUS TARRANT COUNTY LOCATIONS Entities Currently Participating in Cooperative Purchasing Program with Tarrant County 274. Paradise ISD 303. Texas Dept. of Public 275. Parker County Safety 276. Parker County 304. Titus County Emergency Services 305. Tom Green County District 1 306. Town of Addison 277. Potter County 307. Town of Argyle 278. Public Transit Services 308. Town of Edgecliff of Mineral Wells Village 279. Red River County 309. Town of Fairview 280. Region 9 Education 310. Town of Flower Mound Service Center Wichita 311. Town of Hickory Creek 281. Rockwall County 312. Town of Highland Park 282. San Jacinto Community 313. Town of Lakeside College District 314. Town of Pantego 283. San Patricio County 315. Town of Ponder 284. Schleicher County 316. Town of Prosper 285. Senior Center Resource 317. Town of Sunnyvale and Public Transit, Inc. 318. Town of Westlake of Hunt County 319. Town of Westover Hills 286. Seven Points Fire 320. Travis County Rescue 321. Travis County 287. Sherman ISD Healthcare District 288. Smith County 322. Trinity River Authority 289. South Montgomery Fire 323. United States Marshals Department Service 290. South Texas College 324. University of North 291. Springtown ISD Texas Health Science 292. St. John Westside Center Volunteer Fire Dept. of 325. University of Texas at Edgard, LA Arlington 293. Tarrant Appraisal 326. University of Texas at District Dallas 294. Tarrant County 9-1-1 327. University of Texas MD Emergency Assistance Anderson Cancer District Center 295. Tarrant County College 328. Upper Trinity Regional District Water District 296. Tarrant County 329. Van Zandt County Emergency Services 330. Victoria County District 1 331. Waco ISD 297. Tarrant County Hospital 332. Walker County District 333. Ward County 298. Tarrant County 334. Weatherford College Workforce Development 335. Westminster Fire Dept. Board 336. Weston Volunteer Fire 299. Tarrant Regional Water Department District 337. White Settlement ISD 300. Taylor County 338. Williamson County 301. Texas A&M University 339. Wilson County at Commerce 340. Wise County 302. Texas Dept. of Parks & 341. Wood County Wildlife 342. Zapata County PAGE 8 OF BID NO. 2010-121 ANNUAL CONTRACT FOR SECURITY GUARD SERVICES AT VARIOUS TARRANT COUNTY LOCATIONS INSURANCE REQUIREMENTS A. The Contractor shall take out, pay for and maintain at all times during the prosecution of the work under the contract, the following forms of insurance, in carriers acceptable to and approved by Tarrant County. 1. Workers' Compensation as outlined in Texas State Statutes 2. Employer's liability $100,000 3. Comprehensive Commercial General Liability: a. Bodily Injury/Personal Injury - $100,000 per person / $300,000 per accident or $500,000 if provided in a combined single limit b. Property Damage $100,000 per accident or $500,000 if provided in a combined single limit 4. Automobile liability: a. Bodily injury $100,000 per accident or $500,000 if provided in a combined single limit b. Property Damage $100,000 per occurrence 5. Contractual liability Same as above. B. The County reserves the right to review the insurance requirements of this section during the effective period of the contract and to require adjustment of insurance coverage and their limits when deemed necessary and prudent by the County based upon changes in statutory law, court decisions, or the claims history of the industry as well as the Contractor. C. Required Provisions: 1. Proof of Carriage of Insurance - All certificates of insurance will be required in duplicate and filed with the Purchasing Agent and the Budget and Risk Management Department at 100 East Weatherford Street. 2. All certificates shall provide Tarrant County will receive an unconditional thirty days written notice in case of cancellation or any major change. 3. As to all applicable coverage, certificates shall name Tarrant County and its officers, employees, and elected representatives as an additional insured. 4. All copies of the certificates of insurance shall reference the project name and bid number for which the insurance is being supplied. 5. The Contractor agrees to waive subrogation against Tarrant County, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance. 6. The ContractorNendor is responsible for making sure any sub-contractor(s) performing work under this agreement has the required insurance coverage(s) and supplies Tarrant County with the proper documents verifying the coverage. PAGE 9 OF BID NO. 2010-121 ANNUAL CONTRACT FOR SECURITY GUARD SERVICES AT VARIOUS TARRANT COUNTY LOCATIONS SPECIAL CONDITIONS TWCC Rule 110.110 Workers' Compensation Insurance Coverage . Note: TWCC Rule 110.110 applies to Building and Construction projects for Governmental . ~ ______~_~!!!!_~~_~_~~_!~_i_~~!~A~_<:i_~!!_~~L~_~!~_~~,=_~I)!<.?E~_~!!~~_~!!~E~~~_~_Q_~_ly~ ______~ A. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - Includes the time from 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 entity. Persons providing services on the project ("subcontractor" in §406.096) - Includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification code and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all employees ofthe 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 certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. TWCC Rule 110.110 PAGE 10 OF BID NO. 2010-121 ANNUAL CONTRACT FOR SECURITY GUARD SERVICES AT VARIOUS TARRANT COUNTY lOCATIONS TWCC Rule 110.110 Workers' Compensation Insurance Coverage E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven (7) days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one (1) year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project to: (1) provide coverage, based on reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all of its employees providing services on the project for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each 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 (b) a new certificate of coverage showing the extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate ends during the duration of the project; TWCC Rule 110.110 PAGE 11 OF BID NO. 2010-121 ANNUAL CONTRACT FOR SECURITY GUARD SERVICES AT VARIOUS TARRANT COUNTY LOCATIONS TWCC Rule 110.110 Workers' Compensation Insurance Coverage (5) retain all required certificates of coverage on file for the duration of the project and for one (1) year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require 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 Signing 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 will 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 with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten (10) days after receipt of notice of breach from the governmental entity. TWCC Rule 110.110 PAGE 12 OF BID NO. 2010-121 ANNUAL CONTRACT FOR SECURITY GUARD SERVICES AT VARIOUS TARRANT COUNTY LOCATIONS Evaluation criteria shall include, but is not limited to the following: a. Hourly Rates, including all other costs and services b. Special needs and requirements of Tarrant County c. Vendor's past performance record with Tarrant County d. Tarrant County's evaluation of vendor's ability to perform e. Vendor's agreement to extend pricing under this contract to other governmental entities PAGE 13 OF BID NO. 2010-121 ANNUAL CONTRACT FOR SECURITY GUARD SERVICES AT VARIOUS TARRANT COUNTY LOCATIONS TECHNICAL SPECIFICATIONS I. PROCEDURAL REQUIREMENTS AND AMENDMENTS A. Contractor shall comply with all procedural instructions that may be issued from time to time by the department representative. S. During the period of contract, no change is permitted in any of its conditions and specifications unless the Contractor receives written approval from the Purchasing Agent. C. Should the Contract find at any time that existing conditions make modification in requirement desirable, he shall comply report such matter to the Purchasing Agent for consideration and decision, after consultation with department personnel. D. The Contractor, or authorized representatives, may be required to meet periodically with the department to discuss the services, and make amendments or change in procedures and operations as may be found necessary. E. Without limiting the responsibility of the Contractor for the proper conduct of security personnel and the protection of the protected property, the conduct of security personnel may also be guided by a set of standard written rules as agreed upon between the County agency/facility and the Contractor, and such other special written instructions as may be agreed upon. F. During the period of the contract or the extension thereof, the County reserves the right to add or delete service locations. All additions shall be at the prevailing contract prices. The County will notify the Contractor as soon as possible in advance of any changes and number of personnel needed to provide the various services. Contractor will be given ten (10) days notice to effect requested change. If the Contractor cannot accommodate a change in personnel requirements within the prescribed period of time, the County reserves the right to procure security services from other security agencies, until such time that the Contractor can fulfill the change in personnel requirements. II. RESPONSIBILITIES OF CONTRACTOR A. The Contractor shall provide security devices for the surveillance and protection against fire, theft, pilferage, injury and destruction. B. Personnel supplied by the Contractor shall be considered employees of the Contractor and shall not for any purpose be considered employees of the County. Contractor shall be responsible for payment of salaries, including withholding taxes, unemployment insurance, workers compensation, social security, benefits, and the like as required by law. PAGE 14 OF BID NO. 2010-121 ANNUAL CONTRACT FOR SECURITY GUARD SERVICES AT VARIOUS TARRANT COUNTY lOCATIONS TECHNICAL SPECIFICATIONS, CONT. C. The Contractor agrees, that upon request by the County, he will remove from the work crew any of his/her employees who, in the opinion of the departmental manager, are guilty of improper conduct or who are not qualified or needed to perform the work assigned to them. Examples of improper conduct are, but not limited to: insobriety, sleeping on the job, insubordination, tardiness, or substandard performance. The Purchasing Agent or his representatives are empowered to have the Contractor replace offending employees immediately. D. The Contractor shall assume full responsibility for the actions of his/her personnel while performing services pursuant to this agreement and shall be solely responsible for their supervision and control. If for any reason the County, through its designated employees, determines that any employees of the Contractor has failed to perform his/her duties in accordance with the prescribed standards, instructions, regulations, or codes specified by the County, the Contractor shall be notified immediately and shall take appropriate action as deemed necessary. Contractor shall be responsible for any and all employee discipline/termination and shall immediately replace any employee deemed unacceptable by the County. Failure to resolve such matters to the satisfaction of the County may result in termination of contract. E. The County shall have the right to refuse access to its facilities at any time to any employee of the Contractor. The exercise of the County's rights shall not diminish the Contractor's obligation of performance arising under this agreement, provided the County shall allow the Contractor to have access to said facilities sufficient to fulfill this agreement. Such access shall not include the right of access to other parts of the facilities unless specifically authorized by the County. F. The Contractor is required to maintain a current list of employees assigned to this facility. Upon award of contract, this list is to be furnished to the Director of Facilities Management and updated whenever a personnel change is made. Assigned supervisors are also to be listed. Social Security numbers and employee identification numbers, if any, are to be listed also. During the term of this contract the County reserves the right to reject any proposed replacement security personnel not meeting requirements as stated in this bid. G. The Contractor shall be responsible for turning into a designated place all articles found by his/her employees in or near the premises. Receive, receipt for, and store found articles during disposition. Contractor shall provide receipt book. H. The Contractor shall provide all proper safeguards and shall assume all risks in performing the work for which it is legally responsible. The County does not guarantee police protection and will not be liable for any loss or damage sustained by the vendor. I. Contractor shall perform all services hereunder as an independent Contractor. No portion of this agreement may be subcontracted to any other company or person. PAGE 15 OF BID NO. 2010-121 ANNUAL CONTRACT FOR SECURITY GUARD SERVICES AT VARIOUS TARRANT COUNTY LOCATIONS TECHNICAL SPECIFICATIONS, CONT. J, The Contractor is responsible for scheduling personnel so as not to encounter overtime. K. Contractor must supply trained substitute in case of absence of regularly scheduled guard. III. RESPONSIBILITIES OF CONTRACTOR PERSONNEL A. Provide building and grounds security, consisting of the following: 1. Staffed guard station centrally located with visitor sign-in responsibility. 2. Emergency communication systems monitoring. B. Provide and maintain coordination with local life-safety and law enforcement officials, with off-site monitoring. C. Provide and maintain parking lot monitoring. D. Provide and maintain monitoring to construction site and/or building locations. E. Personnel employed to perform security duties must have the minimum training required by local law enforcement patrol officers. Proof of training and/or certification of personnel as a TCLOSE Certified Peace Officer, Private Investigator, ~ Security Certification by the State is required. F. All security personnel must observe all regulations in effect at the County facility. While on County property employees shall be subject to control by the County, but under no circumstances shall such persons be deemed to be employees of the County. Security Personnel shall not represent themselves as employees of the County. G. Security personnel shall be required to perform a variety of tasks dealing with the safety and security of the employees and patrons who use the facilities, while at the same time maintaining the security and integrity of the site with a constant focus on community/customer relations. Such tasks may include, but are not limited to: building checks, locking and unlocking facilities, writing reports, controlling entry to site areas, responding to various emergencies, securing the area, and checking identification. H. Call for local law enforcing assistance prior to investigation of actual or indicated violations at the installation(s); assist in and apprehend and hold all violators with/and for local law enforcing agencies. All necessary telephone numbers and calling instructions will always be current and accurate. Contractor's supervisory personnel shall validate security personnel procedures related to this duty. I. If requested by the department, Security Personnel shall report and sound appropriate alarms for any fire or disorder on or adjacent to installation. Security personnel must have knowledge and experience with automated alarm systems and be capable of resetting/restoring system to a functional mode. PAGE 16 OF BID NO. 2010-121 ANNUAL CONTRACT FOR SECURITY GUARD SERVICES AT VARIOUS TARRANT COUNTY LOCATIONS TECHNICAL SPECIFICATIONS, CONT. J. Call specified emergency numbers for facility personnel as per the priority of call list provided by the facility. K. At the conclusion of each tour of duty, all security personnel shall complete and sign out a guard report indicating any unusual incidents or conditions that occurred during the tour of duty and prepare any additional reports as necessary and as frequently as required by the facility. L. Security personnel shall cooperate with local police, state police and other personnel of the County who have proof of identification and validity of purpose. M. If requested by the department, Security Personnel shall assist County personnel to set alarms and properly secure building(s) and premises. This shall be done at the conclusion of tour of duty before and before leaving or relieved by second shift security personnel. N. The guard shall have knowledge of any instruction device, system locations and significance of control boards signal indicators or alarm activators and/or alarm sounding within the installation/facility. The guard shall also have knowledge of any fire alarm system locations, fire hydrants, fire extinguishers and proper use of same. All alarm systems, location/operation, will be reviewed prior to start of contract. O. Observe the facility to detect and discourage activities in violation of regulations including, but not limited to, vagrancy, rowdiness, violent situations, unauthorized sales or advertising, and vandalism. P. Be obvious and accessible to the public for purposes of providing information to the public and an obvious security presence at the facility to give the public confidence in the safety of the area. Q. Report hazardous conditions, accidents, unusual incidents and unlawful acts to proper authority. R. Security Personnel shall not have family, friends, or other visitors accompany them to, or visit them at, any work site. IV. SUPERVISION A. Contractor shall be required to render full and complete management services for their personnel while on duty at the facility. The facility will not be able to assist with such services as provision/storage of rain gear, issuing pay checks, or with any other management activities. B. Contractor's supervisory personnel will make random unannounced inspections on various shifts. There will be a minimum of four (4) visits per calendar month. Documentation of these visits will be submitted with monthly invoices. It is the Contractor's responsibility to ensure security personnel are on time at designated service sites. PAGE 17 OF BID NO. 2010-121 ANNUAL CONTRACT FOR SECURITY GUARD SERVICES AT VARIOUS TARRANT COUNTY LOCATIONS TECHNICAL SPECIFICATIONS, CONT. C. Contractor shall provide, with bid, the name, address and telephone number of the Contractor's Managers [ref. 14.4(i)]. The Contractor's Manager shall have complete authority to act for the company during the term of the agreement. Uniformed employees performing security services under the terms of the contract shall not perform the duties of the Contractor's Manager. D. The Contractor's Manager shall provide a level of supervision that will ensure that employees: 1. Are properly trained as set forth in the officer requirements section of the specifications and are able to perform all duties as required. 2. Are always properly uniformed and present a neat appearance. 3. Maintain a continued state of proper training. 4. Possess any necessary permits. 5. Are punctual and cover their entire shift. v. PERSONNEL REQUIREMENTS AND MINIMUM QUALIFICATIONS A. Security Guards: 1. Education/Experience: Possess a high school education or equivalency, and have three (3) years of experience demonstrating: a. The ability to meet and deal with the general public; b. The ability to read, understand and apply printed rules and instructions; and c. The ability to maintain poise and self control under stress. 2. Health and Physical Fitness Requirements: The Contractor shall assure that all guards are well height and weight proportioned, and in good health without physical handicaps or impairments that would interfere with the performance of duties. All security personnel shall be free of communicable disease, and possess binocular visions, correctable to 20/20 (Snellen), and not color blind. 3. Age: All guards shall be a minimum of twenty-one (21) years of age. 4. Training: a. All personnel must be trained, experienced personnel who are physically and mentally able to react effectively in enforcing order, curbing violence, protecting residents, visitors and employees from bodily injury or harassment, and preventing theft and damage to property. b. All personnel must possess appropriate training, knowledge of applicable laws, search and seizure techniques, and handcuffing techniques. PAGE 18 OF BID NO. 2010-121 ANNUAL CONTRACT FOR SECURITY GUARD SERVICES AT VARIOUS TARRANT COUNTY LOCATIONS TECHNICAL SPECIFICATIONS, CaNT. 5. Background Investigation: All security personnel shall have criminal background checks performed. UNDER NO CIRCUMSTANCES SHALL ANY PERSONNEL HAVE ANY CONVICTIONS OR PENDING HEARINGS PERTAINING TO HARM TO CHILDREN. All personnel shall have successfully passed pre-hire and pre-placement drug screenings. 6. All personnel shall be United States Citizens. 7. In addition to the requirements specified above, each Security Company shall be certified by the Texas Board of Private Investigators and Private Security Agencies. Proof of certification shall be provided to the County prior to an individual being assigned duty. VI. EQUIPMENT PROVIDED BY THE CONTRACTOR A. Contractor shall be responsible for providing all security personnel with proper and suitable uniforms. Style, type, color and dress code standards shall have prior approval by the County. Uniform requirements for security personnel shall be ofthe law enforcement style. All uniforms shall be properly labeled and include name tags. Local weather conditions shall be considered in uniform selection. Contractor shall provide winter jackets and rain gear for cold and inclement weather. All uniforms shall be properly fitted and maintained for proper image and appearance. B. Contractor shall be responsible for providing any and all other equipment or accessories needed for employee performance, including but not limited to: 1. Each employee shall be supplied with an identification card, which shall contain, as a minimum, the employee's name and the name of the Contractor's firm. The purpose of the 10 cards is for comparison with the list submitted by the Contractor. Proper, visible identification shall be affixed to guard uniforms at all times. 2. Handcuffs. 3. The guard on duty must have a working cell phonelradio for communications with local authorities, company headquarters, Tarrant County and County representatives. 4. Notebooks, pens, and flashlights. C. Guards shall not be permitted to provide themselves with any unauthorized equipment, such as chemical agent devices, or other weapons. D. Failure to wear uniform or possess the required equipment will be cause for non-payment. E. The successful bidder can provide a small, weatherproof guard station with a writing surface for storage of guard equipment. Tarrant County will not be responsible for guard stations outdoors. PAGE 19 OF BID NO. 2010-121 ANNUAL CONTRACT FOR SECURITY GUARD SERVICES AT VARIOUS TARRANT COUNTY lOCATIONS TECHNICAL SPECIFICATIONS, CONT. VII. BILLING AND BOOKKEEPING A. Monthly Billings and Records: The Contractor shall keep a true and accurate record of the days and hours of patrols accomplished during the terms of the agreement. On the first day of each month during the terms of this agreement, vendor will be required to deliver to the department a billing of monthly charges showing dates and hours of daily guard services accomplished during the said month. S. The Contractor will be responsible for maintaining accurate time-keeping records and will agree to make adjustments in invoices in the event security personnel are absent or tardy. C. The Contractor shall furnish the County sign-in sheets covering all of the hours spent by its employees in carrying out their duties on a daily basis, if requested. Such sign-in sheets shall include the name of each employee, the position, hours worked, salary and location of work assignment. D. The County shall have the right through its agents and employees to audit and examine the Contractor's books and financial and operational records as may be reasonably required by the County in order to enforce the terms of this agreement or to evaluate the Contractor's performance thereof. Financial records will be maintained with such adequacy so as to allow identification of the source of all revenues related to this contract. VIII. CONTRACTOR'S QUALIFICATIONS A. In order to qualify for the award of a contract, bidder shall meet strict minimum qualifications designed to establish an experience criteria in which bidder demonstrates the capability to provide security services for a facility similar to locations described herein. Bidder shall be required to furnish evidence that the bidder has experience in securing major facilities similar to the requirements specified for providing uniformed security, building security, entry control security. Bidder shall include number of years of experience, and current operations. S. Bidder shall have a minimum of five (5) years experience and have a reputation for quality of service and cooperation satisfactory to the County. Literature, brochures, organizational charts, quality assurance manual, operational procedures, and any other such material that may be useful in determining bidder's experience and qualifications shall be submitted with the bid. Of critical importance is the bidder's ability to provide experienced professional management and support services to ensure a quality program satisfactory to the County. PAGE 20 OF BID NO. 2010-121 ANNUAL CONTRACT FOR SECURITY GUARD SERVICES AT VARIOUS TARRANT COUNTY LOCATIONS TECHNICAL SPECIFICATIONS, CONT. C. Summary of requirements for Contractor Qualifications: 1. Evidence of at least five (5) years operating experience. 2. Evidence of licensing and certification by the appropriate governmental regulatory agencies. 3. Current number of employees, locally and nationally. 4. Identification of largest dollar amount contracts in effect with a client. 5. Detailed written recruitment and selection procedures. 6. An example of detailed written training procedures. 7. Detailed written resumes for all local manager. D. The decision of the County as to the acceptable qualification of the Bidder shall be final. IX. SITE VISITS A Tarrant County is requesting Security Guard service at locations that include, but are not limited to, the following: 1. Tarrant County Family Law Center 200 East Weatherford Fort Worth, Texas 76102 2. Charles Griffin Sub-Courthouse 3214 Miller Avenue Fort Worth, Texas 76119 3. Sheriffs Department - North Patrol Building 6651 Lake World Boulevard Fort Worth, Texas 76135 4. Sheriffs Department - Work Detail Building 1815 Cold Springs Road Fort Worth, Texas 76102 5. Impound Facility 2800 Premier Street Fort Worth, Texas 76111 6. Green Bay Confinement Facility 5136 Northeast Parkway Fort Worth, Texas 76106 7. Southeast Sub-Courthouse 700 Abram Street Arlington, Texas 76010 PAGE 21 OF BID NO. 2010-121 ANNUAL CONTRACT FOR SECURITY GUARD SERVICES AT VARIOUS TARRANT COUNTY LOCATIONS TECHNICAL SPECIFICATIONS, CONT. 8. Tarrant County Plaza Building 200 W. Taylor Fort Worth, Texas 76102 9. Juror Parking (LaGrave Field) 300 N E 6th Street Fort Worth, Texas 76106 10. Human Services - Resource Connection 1200 Circle Drive, Suite 200 Fort Worth, Texas 76119 11. Human Services 983 N. Cooper Arlington, Texas 76011 12. Human Services 813 Brown Trail, Suite 3 Bedford, Texas 76022 13. Resource Connection Facilities 5051 Resource Drive Fort Worth, Texas 76119 B. Tarrant County encourages prospective bidders to visit each site, prior to submission of bid. C. Tarrant County reserves the right to add or delete service locations as deemed necessary. X. EXPLANATIONS A. It shall be the responsibility of bidders to thoroughly familiarize themselves with the provisions of this Request for Bid (RFB). The County wi" not be required to give consideration to any claim of misunderstanding. B. Any explanation, clarification, or interpretation desired by a bidder regarding any part of this Request for Bid (RFB) must be requested in writing from the Purchasing Department by the deadline for receipt of .ill! written questions of 12:00 (Noon), Fort Worth time, Friday, September 10, 2010. Interpretations, corrections or changes to the RFB made in any other manner are not binding upon the County, and bidders shall not reply upon such interpretations, corrections or changes. Oral explanations or instructions given before the award of the Contract are not binding. C. Requests for explanations or clarifications must be faxed to the Tarrant County Purchasing Department at (817) 884-2629. The fax must clearly identify the RFB Number, Title and the Buyer's name. PAGE 22 OF BID NO. 2010-121 TARRANT COUNTY HISTORICALLY UNDERUTILIZED BUSINESSES (HUB) POLICY I. POLICY STATEMENT The Tarrant County Commissioners Court, being the policy development and budgetary control unit of county government, will strive to ensure that all businesses, regardless of size, economic, social or ethnic status have an equal opportunity to participate in the County's procurement processes. The County is committed to promote full and equal business opportunity for all businesses to supply the goods and services needed to support the mission and operations of county government, and seeks to encourage the use of certified historically underutilized businesses (HUBs) through the use of race, ethnic and gender neutral means. It is the policy of Tarrant County to involve certified HUBs to the greatest extent feasible in the County's procurement of goods, equipment, services and construction projects while maintaining competition and quality of work standards. The County affirms the good faith efforts of firms who recognize and practice similar business standards. II. DEFINITIONS Historically underutilized businesses (HUBs), also know as a disadvantaged business enterprise (DBE), are generally business enterprises at least 51 % of which is owned and the management and daily business operations are controlled by one or more persons who is/are socially and economically disadvantaged because of his or her identification as a member of certain groups, including women, Black Americans, Mexican Americans and other Americans of Hispanic origin, Asian Americans and American Indians. Certified HUBs includes business enterprises that meet the definition of a HUB and who meet the certification requirements of certification agencies recognized by Tarrant County. Businesses include firms, corporations, sole proprietorships, vendors, suppliers, contractors, subcontractors, professionals and other similar references when referring to a business that provides goods and/or services regardless of the commodity category. Tarrant County: Historically Underutilized Business Policy Page 1 of 4 PAGE 23 OF BID NO. 2010-121 Statutory bid limit refers to the Texas Local Government Code provision that requires competitive bidding for many items valued at greater than $25,000. III. POLICY GUIDELINES A. Tarrant County, its contractors, their subcontractors and suppliers, as well as all vendors of goods, equipment and services, shall not discriminate on the basis of race, color, creed, gender, age, religion, national origin, citizenship, mental or physical disability, veteran's status or political affiliation in the award and/or performance of contracts. All entities doing business or anticipating doing business with the County shall support, encourage and implement affirmative steps toward a common goal of establishing equal opportunity for all citizens and businesses of the county. B. Tarrant County will use and recognize the State of Texas certification process in conjunction with the implementation of this policy. The County may recognize other agencies' certification processes recognized by the State of Texas. Tarrant County reserves the right to review the certification status of any vendor applying to do business with the County. This review will be accomplished to determine the validity and authenticity of the vendor's certification as a HUB. C. The Commissioners Court may establish HUB target goals. Through a systematic approach of soliciting quotes, bids and proposals from certified HUBs and in compliance with applicable state and federal law this policy will strive to meet those goals. 1. Target goals should consider: • the availability of HUB firms within the specific category of goods or services to be procured; and • the diversity of the county's population. 2. The goals should be reviewed and amended periodically. 3. The program may apply to all County procurements including construction and professional services. 4. Particular attention will be given to HUB participation on purchases in excess of the statutory bid limit. 5. The Commissioners Court herein establishes a 20% good faith target goal for Tarrant County. Tarrant County: Historically Underutilized Business Policy Page 2 of 4 PAGE 24 OF BID NO. 2010-121 D. Tarrant County will actively seek and encourage HUBs to participate in all facets of the procurement process by: 1. Continuing to increase and monitor a database of certified HUB vendors, professionals and contractors. The database will be expanded to include products, areas of expertise and capabilities of each HUB firm. 2. Continuing to seek new communication links with HUB vendors, professionals and contactors to involve them in the procurement process. 3. Continuing to advertise bids on the County's website and in newspapers including newspapers that target socially and economically disadvantaged communities. 4. Continuing to provide copies of bid specifications to minority Chambers of Commerce. E. As prescribed by law, the purchase of one or more items costing in excess of the statutory bid limit must comply with the competitive bid process. Where possible, those bids will be structured to include and encourage the participation of HUB firms in the procurement process by: 1. Division of proposed requisitions into reasonable lots in keeping with industry standards and competitive bid requirements. 2. Where feasible, assessment of bond and insurance requirements and the designing of such requirements to reasonably permit more than one business to perform the work. 3. Specification of reasonable, realistic delivery schedules consistent with the County's actual requirements. 4. Specifications, terms and conditions reflecting the County's actual requirements are clearly stated, and do not impose unreasonable or unnecessary contract requirements. F. A HUB Policy statement shall be included in all specifications. The County will consider the bidder's responsiveness to the HU B Policy in the evaluation of bids and proposals. Failure to demonstrate a good faith effort to comply with the County's HUB policy may result in a bid or proposal being considered non responsive to specifications. G. The Purchasing Department will actively seek the participation of HUB firms in the quotation process for purchases under the statutory bid limit. HUB firms will be identified on the computerized database and linked to the commodities they represent. Buyers will be encouraged to use available internal and external databases of certified HUB firms. Tarrant County: Historically Underutilized Business Policy Page 3 of4 PAGE 25 OF BID NO. 2010-121 H. Nothing in this policy shall be construed to require the County to award a contract other than to the lowest responsive bidder as required by law. This policy is narrowly tailored in accordance with applicable law. IV. ADMINISTRATIVE GUIDELINES A. The Purchasing Department shall serve as the County's HUB Office with responsibility for the implementation, monitoring and general operations of the HUB policy. The Purchasing Agent shall serve as the County HUB Officer. 1. The HUB Officer will establish procedures to implement this policy across the full spectrum of the procurement process. The County HUB Office will periodically review with department head and elected officials regarding procurement opportunities. 2. Managing the policy and training buyers and other County personnel in order to meet County goals will be the responsibility of the HUB Office. 3. The HUB Office will cooperate with other local government entities to increase HUB participation throughout the county and region. The HUB Office is encouraged to participate in educational and other outreach programs to assist HUB firms. 4. The HUB Officer will receive and review complaints and recommendations regarding the implementation of the HUB Policy and the good faith efforts of bidders. Further, the HUB Office will audit for compliance to the HUB Policy on eligible projects after award, during the performance ofthe contract and after completion, while also making any recommendations to Commissioners Court regarding any irregularities or misrepresentation of facts as they relate to compliance with the policy. The HUB Office will review documentation submitted by HUB firms in compliance with this policy. 5. An annual report along with recommendations shall be provided to the Commissioners Court and Purchasing Board. The annual report will provide statistical data and efforts reflected in the number of purchase orders, value of goods and services purchased, percentages to HUB firms, and outreach and marketing efforts. Other statistics may be required or requested by the Commissioners Court or Purchasing Board. §JJ)£~!i!~li!itt;;i1]i~f)iitle1IltiJiz€alBrisjiie$'lfrSlIlIllitii Adopted: Court Order 64788 (December 17, 1990) Amended: Court Order 69958 (December 7, 1993) Amended: Court Order 99651 (December 28,2006) Tarrant County: Historically Underutilized Business Policy Page 4 of 4 PAGE 26 OF BID NO. 2010-121 ANNUAL CONTRACT FOR SECURITY GUARD SERVICES AT VARIOUS TARRANT COUNTY LOCATIONS FOR DISADVANTAGED BUSINESS ENTERPRISES ONLY Disadvantaged Business Enterprises (DBE) are encouraged to participate in Tarrant County's bid process. The Purchasing Department will provide additional clarification of specifications, assistance with Bid Proposal Forms, and further explanation of bidding procedures to those DBEs who request it. Representatives from DBE companies should identify themselves as such and submit a copy of the Certification. The County recognizes the certifications of both the State of Texas General Services Commission HUB Program and the North Central Texas Regional Certification Agency. All companies seeking information concerning DBE certification are urged to contact. Texas Procurement and Support Services North Central Texas Statewide HUB Program Regional Certification Agency 1711 Jacinto Blvd. 624 Six Flags Drive, Suite 100 PO Box 13047 OR Arlington, TX 76011 Austin, TX 78711-3047 (817) 640-0606 (512) 463-5872 If your company is already certified, attach a copy of your certification to this form and return with bid. COMPANYNAME: ______ REPRESENTATIVE: ______ ADDRESS: ______ CITY, STATE, ZIP: ______ TELEPHONE NO. ______FAXNO. ______ Indicate all that apply: _____Minority-Owned Business Enterprise _____Women-Owned Business Enterprise _____Disadvantaged Business Enterprise PAGE 27 OF BID NO. 2010-121 ANNUAL CONTRACT FOR SECURITY GUARD SERVICES AT VARIOUS TARRANT COUNTY LOCATIONS VENDOR REFERENCES Please list three (3) references, other than Tarrant County, who can verify your performance as a vendor. Performance includes but shall not be limited to, sales and/or service, delivery, invoicing, and other items as may be required for Tarrant County to determine your firm's ability to provide the intended goods or service of this bid. The County prefers references to be from customers for whom your firm has provided the same items (sales and/or services) as those specified in this bid. Inaccurate, obsolete or negative responses from the listed references could result in rejection of your bid. REFERENCE ONE GOVERNMENT/COMPANYNAME: ______ADDRESS: ______CONTACT PERSON AND TITLE: TELEPHONE NUMBER: ______E-MAILADDRESS: ______SCOPE OF WORK: ______CONTRACTPERIOD: ______ REFERENCE TWO GOVERNMENTICOMPANYNAME: ______ADDRESS: ______CONTACT PERSON AND TITLE: TELEPHONE NUMBER: ______E-MAILADDRESS: ______SCOPE OF WORK: ______CONTRACTPERIOD: ______ REFERENCE THREE GOVERNMENTICOMPANYNAME: ______ADDRESS: ______CONTACT PERSON AND TITLE: TELEPHONE NUMBER: ______E-MAILADDRESS: ______SCOPE OF WORK: ______CONTRACTPERIOD: ______ THE ORIGINAL AND ONE (1) COpy OF THIS FORM MUST BE RETURNED WITH BID! PAGE 28 OF BID NO. 2010-121 ANNUAL CONTRACT FOR SECURITY GUARD SERVICES AT VARIOUS TARRANT COUNTY LOCATIONS BID PROPOSAL SIGNATURE FORM The undersigned agrees this bid becomes the property of Tarrant County after the official opening. The undersigned affirms he has familiarized himself with the local conditions under which the work is to be performed; satisfied himself of the conditions of delivery, handling and storage of equipment and a" other matters which may be incidental to the work, before submitting a bid. The undersigned agrees, if this bid is accepted, to furnish any and a" items/services upon which prices are offered, at the price(s) and upon the terms and conditions contained in the Specifications. The period for acceptance of this Bid Proposal wi" be ninety (90) calendar days unless a different period is noted by the bidder. The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other Bidder, nor any employee of Tarrant County, and that the contents of this bid have not been communicated to any other bidder or to any employee of Tarrant County prior to the official opening of this bid. Vendor hereby assigns to purchaser any and a" claims for overcharges associated with this contract which arise under the antitrust laws of the United States, 15 USCA Section 1 et seq., and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et seq. The undersigned affirms that they have read and do understand the specifications and any attachments contained in this bid package. Failure to sign and return this form will result in the rejection of the entire bid. NAME AND ADDRESS OF COMPANY: AUTHORIZED REPRESENTATIVE: Signature ______Date ______ Name ------Title ______Tel. No. ______FAXNo. ______E-Mail Address: ______ AFTER HOURS EMERGENCY CONTACT: Name: ______Tel. No. ______ COMPANY IS: Business included in a Corporate Income Tax Return? YES NO __Corporation organized & existing under the laws of the State of ______Partnership consisting of __Individual trading as ______Principal offices are in the city of ______ THIS FORM MUST BE SIGNED AND THE ORIGINAL AND ONE (1) COpy RETURNED WITH BID. PAGE 29 OF BID NO. 2010-121 ANNUAL CONTRACT FOR SECURITY GUARD SERVICES AT VARIOUS TARRANT COUNTY LOCATIONS CERTIFICATION OF ELIGIBILITY (This provision applies if the anticipated contract exceeds $25,000) By submitting a bid or proposal in response to this solicitation, the bidder/proposer certifies that at the time of submission, he/she is not on the Federal Government's list of suspended, ineligible, or debarred contractors. In the event of placement on the list between the time of bid/proposal submission and time of award, the bidder/proposer will notify the Tarrant County Purchasing Agent. Failure to do so may result in terminating this contract for default. Authorized Signature THIS FORM MUST BE SIGNED AND THE ORIGINAL AND ONE (1) COpy RETURNED WITH BID. PAGE 30 OF BID NO. 2010-121 ANNUAL CONTRACT FOR SECURITY GUARD SERVICES AT VARIOUS TARRANT COUNTY LOCATIONS BID FORMSIDOCUMENTS CHECKLIST A check mark (-1'> in the space provided indicates these forms/documents have been completed and are included in your bid package. The original and one (1) ""Indicates copy of all forms/documents should be submitted. Failure to check all items Compliance could result in rejection of the entire bid. All deviations from specifications must be documented separately and included with bid package. 1. Vendor References. Bidder has provided three (3) references, other than Tarrant County. References must be able to verify the quality of service your company provides and that your company has completed a project of similar size and scope of work to this bid. 2. Signatures. All forms requiring a signature must be Signed. Bids not signed will not be considered for award. 3. Bid Pro~osal Forms. All sections of Bid Proposal Forms have been completed. 4. Insurance Certificates (If required). Bidders must submit all Insurance Certificates with bid. If no insurance requirements specified, mark N/A. 5. Addenda. When applicable, Bidder acknowledges receipt of all addenda and has included the signed Addenda cover pages and any revised Bid Forms in their bid package. 6. Failure to provide signatures, where required and/or submission of required forms, including but not limited to the Bid Proposal Signature Form, References, Bid Forms/Documents Checklist, Questionnaires (when applicable), Addenda (including revised forms), and any other specified forms or documents will be grounds for rejection of entire bid. 7. Accuracy for all mathematical and number entries is the sole responsibility of the bidder. Tarrant County will not be responsible for errors made by the bidder. 8. Bidder's company is registered on TVORS (Tarrant On-Line Vendor Registration System). 9. Failure to comply with the requirements set forth in this Request for Bid may result in rejection of bid and/or cancellation of contract after award. THE ORIGINAL AND ONE (1) COpy OF THIS FORM MUST BE RETURNED WITH BID! PAGE 31 OF BID NO. 2010-121 ANNUAL CONTRACT FOR SECURITY GUARD SERVICES AT VARIOUS TARRANT COUNTY LOCATIONS BID FORMSIDOCUMENTS CHECKLIST, CONT. A check mark (,i) in the space provided indicates these forms/documents have been completed and are included in your bid package. The original and one (1) ,ilndicates copy of all forms/documents should be submitted. Failure to check all items Compliance could result in rejection of the entire bid. All deviations from specifications must be documented separately and included with bid package. 10. Evidence of at least five (5) years operating experience. 11. Evidence of licensing and certification by governmental regulatory agencies. 12. Number of current employees, locally and nationally. 13. Identification of the largest dollar amount contract you have in effect with a current client. 14. An example of detailed written training procedures. 15. Detailed written resumes for all local managers. 16. Wages paid at a minimum start rate of $9.00/hour. 17. Bidders are responsible for reading the entire bid package and complying with all specifications, including those not specifically listed in this checklist. 18. Security Background Checks for employees. THE ORIGINAL AND ONE (1) COpy OF THIS FORM MUST BE RETURNED WITH BID! PAGE 32 OF BID NO. 2010-121 ANNUAL CONTRACT FOR SECURITY GUARD SERVICES AT VARIOUS TARRANT COUNTY LOCATIONS BID PROPOSAL · ITEM I. NO. DESCRIPTION HOURLYRATES SECTION I 1. Security Guard Services, Uniformed and Unarmed, $_------Weekdays, 6:00 p.m. to 6:00 a.m. 2. Security Guard Services, Uniformed and Unarmed, $_------Weekdays, 6:00 a.m. to 6:00 p.m. 3. Security Guard Services, Uniformed and Unarmed, $_------Weekends, 6:00 a.m. Saturday to 6:00 a.m. Monday 4. Security Guard Services, Uniformed and Unarmed, $_------County Holidays 5. Mobile Marked Patrol Vehicle at any given location $_------ Note: Hourly Rates must include all cost (per hour) to provide security guard services at the locations specified in this RFB. PAGE 33 OF BID NO. 2010-121 ANNUAL CONTRACT FOR SECURITY GUARD SERVICES AT VARIOUS TARRANT COUNTY LOCATIONS BID PROPOSAL ITEM NO; DESCRIPTION HOURLY RATES SECTION II 1. Security Guard Services, Uniformed and Armed, $ ------Weekdays, 6:00 p.m. to 6:00 a.m. Security Guard Services, Uniformed and Armed, 2. $ ------Weekdays, 6:00 a.m. to 6:00 p.m. Security Guard Services, Uniformed and Armed, 3. $ ------Weekends, 6:00 a.m. Saturday to 6:00 a.m. Monday 4. Security Guard Services, Uniformed and Armed, $ ------County Holidays 5. Mobile Marked Patrol Vehicle at any given location $_------ Note: Hourly Rates must include all cost (per hour) to provide security guard services at the locations specified in this RFB. PAGE 34 OF BID NO. 2010-121 TARRANT COUNTY FACILITIES MANAGEMENT Request for Security Check Name (as it appears on Driver's License): ______ AliaseslNicknames: ______ CurrentAddress: ______ City, State, Zip ______ Address for past 10 years: ______ Date of Birth: ______Place of Birth: ______ Home Phone: ______Mobile Phone: ______ ID/Driver's License Number ______State: ____Social Security #: ______ Height: ____ Weight _____ Color Eyes: ____Color Hair: ____ Sex: ___ Race: ______ Contractor/Organization: ______ Address: ______ City, State, Zip: ______ Telephone including Area Code: ______Fax: ______ SupeITisorName: ______ Frequency of Access required: __Daily __Weekly __Monthly __Annually Reason for Request: _Maintenance Contract _Delivery SeITice _Repair SeITice _Temporary Duty Other (Explain) ______ Have you ever been arrested for anything, including a traffic ticket, or done a walk-around Bond? Yes No If yes, explain (Ifmore room is needed, use the back or another sheet.) ______ Signature of Requestor: ______Date: ______ The information above is true and correct to the best of my knowledge. By signature I am giving permission to have background check run. ***Include a copy of Driver's License and signed Social Security Card when returning form for security check. *** January 2009 Agenda Item 4 C Approval of an expenditure in the amount of $447,068 with Douglass Distributing Company through the Tarrant County Fuel Cooperative for annual purchase offuel. BACKGROUND OF ISSUE: Each year funds are allocated in the annual budget for the purchase of fuel. Staff recommends the continuation of obtaining fuel through the Tarrant County Fuel Cooperative. Other entities that participate in this cooperative include the cities of Denton, DeSoto, Euless, Grand Prairie, Grapevine, Irving, Lancaster, Lewisville, Mesquite, Plano, Richardson, and Southlake. Purchases will include regular unleaded and low emissions diesel which is required in this area. Fuel pricing will be based on the overall average of fuel delivered daily to the Dallas metro area, as monitored by the Oil Price Information Services (OPIS), with the following adjustments: Markdown of -$.01 cents per gallon for regular unleaded. Markup of +$.0 125 cents per gallon for low emissions diesel. Adjustment of pricing remains the same as the previous agreement. FINANCIAL IMP ACT: Funds are available in the following budgets for this expenditure: General Fund (Equipment Services) $362,180 Utility Fund (WaterlWastewater Services) $ 70,447 Drainage Fund $ 7,811 Solid Waste Fund $ 6,630 Total $447,068 OPERATIONAL IMP ACT: N/A RECOMMENDATION: City Council approval of an expenditure in the amount of $447, 068 with Douglass Distributing Company through the Tarrant County Fuel Cooperative for annual purchase offuel is recommended City of Duncanville DUNCANVILLE P.O. Box 380280 The Perfect Blend of Family, Community and Business. Duncanville, TX 75138-0280 www.duncanville.com MEMORANDUM DATE: February 26, 2013 TO: Greg Contreras, Interim City Manager ~ VIA: Tia Pettis, C.G.F.O., Assistant Director of Finance ..lbY .$C(YJ FROM: Steven C. Miller, P.E., Public Works Dire ~ Brunswick O. Morton, Purchasing Manager~~ SUBJECT: Consider Approval of Annual Purchase of Fuel with Douglass Distributing Company, in the amount of $447,068 through the Tarrant County Fuel Cooperative: March 19, 2013 Agenda The above referenced item is for the annual purchase of City fuel through the Tarrant County Fuel Cooperative. The fuel is used for all on and off road fleet equipment. Local Government Code Section 271.102 provides for the voluntary participation in cooperative purchasing programs with another local government or a local cooperative and satisfies any state law requiring competitive bids. Tarrant County and twenty-three other agencies participate in this Fuel Cooperative totaling an estimated 8.6 million gallons annually. The entities purchasing fuel through this cooperative include cities such as Denton, DeSoto, Euless, Grand Prairie, Grapevine, Irving, Lancaster, Lewisville, Mesquite, Plano, Richardson, and Southlake. The Tarrant County Commissioner's approved a one year renewal option with Douglass Distributing at its March 12, 2013 regular meeting. The purchases will include Regular Unleaded and Low Emissions Diesel required for this area. Prices will be based on the overall average of fuel delivered daily to the Dallas Metro, Texas area, as monitored by the Oil Price Information Service (OPIS), minus a markdown of -$.01 cents per gallon for Regular Unleaded and plus a markup of $.0125 cents per gallon for Low Emissions Diesel. The Regular Unleaded and Low Emissions Diesel fuel can be purchased from Douglass Distributing Company through the Tarrant County cooperative. Funds are available in the General Fund Equipment Services division's budget ($362,180), Utility Funds' Water Services and Wastewater Services budgets ($70,447) and Drainage ($7,811) and Solid Waste ($6,630) Funds for this expenditure. It is recommended that the City Council consider approval of the annual purchase of fuel from Douglass Distributing Company through the Tarrant County fuel cooperative, for a total amount of $447,068. ~J. Duncanville ~~- ~.)J Ci(}' ofCbampions \ ( \....J .... TARRANT COUNTY PURCHASING DEPARTMENT JACItBEACHAM, c.P.M.,A.P.P. ROB COx, C.P.M., A.P.P. PURCHASING AGENT ASSISTANT PURCHASING AGENT January 10,2013 Rodney Reed Douglass Distributing 325 E. Forest Avenue Sherman, Texas 75090 Re: Bid No. 2010-046, Mnual Contract for Fuels Dear Mr. Reed, On April 6, 2010, Tarrant County Commisslcmers Court awarded your company the secondary award for Bid No. 2010--046, Annual Contract for Fuels. Sid No. 201()"046, was awarded for a twelve (12) month period from Aprile, 2010 through April 6, 2011, with five (5) options to renew for additional twelve (12) month periods. Tarrant County Commissioners Court approved the first renewal on February 01, 2011. On January 17, 2012, Tarrant County Commissioners approved Douglass Distributing as the primary vendor, effective January 27, 2012. On February 28, 2012, Tarrant County Commissioners Court approved the 2nd Renewal. Tarrant County wishes to exercise our thfrd option to renew this contract with Douglass DistributIng being the primary vendor. Please respond at your earliest convenience. If you agree to this renewal the following will apply: Renewal contraot period; April 6, 2013 through April 6, 2014. Prices from original award will remaln firm fixed prices during the entire renewal contract period. Please check one of the following and return this letter via fax to (817) 212-3048. X Yes, Douglass Distributing desires to renew Bid No. 201 ()..046 _ No, Douglass Distributing does not wi Name:~m~ BMd Signature:. ../:l~~~Q::._ If yes, please provide a listing of entities currently utilizIng this bid with their estimated annual usage by fuel type In gallons. If you have any questions, I can be reached by telephone at (817) 884-2620, or by fax at (817) 212-3048. My a-mall address is [email protected]. Respectfully. ft(fr Tim Jones Senior Buyer TARRANT COUNTY ADMINISTRATION BUILDrNG. ROOM BOB 100 E. WEATHERFORD, FOR'r WORTH, TEXAS 76196 817·884-1414, 817..s84-11629 (Fax) BID NO. Z010-046,ANNUAL CONTRACT FOR FUELS Bid Award Recommendation Primay: Martin Eagle Oil Company Secondary: Douglass Distributing Company ...... PRIMARY SECONDARY \.. Martin Eagle Oil Co. Douglass Distributing Co. Sun Coast Resources, tne. \ RKA Petroleum Co. I Denton, TX Sherman, TX Euless,.TX Romu[us, Ml HUB - No HUB - No HUB - Yes ! HUB ~ Yes I ! EST. Plus/Minus Total Bid PlusfMinus Tatal Bid Plus/Minus Total Bid Plus/Minus Total Bid ITEM DESCRIPTION USAGE Dffi'erential Amount Differential Amount Differential Amount Differential Amount Reformulated Unleaded Regular Gasoline, Transport Load (7,500 1 gallons or more) 863,500 -0.0342 -2~,531.70 -0.0300 -25,905.00 . 0.0050 4,317.50 -0.0021 -1,8"13.35 Reformulated Unleaded Regular Gasoline, Short Load (4,000 2 gallons to 7,499 gallons) 1,515,000 -0.0242 -36,663.00 ·0.0100 -15,150.00, 0.0150 22,725.00 0.0002 303.00 Reformulated Unleaded Regular t Gasoline, Tank Wagon Load 3 (3.999 gallons or less) 259,100 -0.0142 -3,679.22 0.0100 2,S91.00 a.020D 5,182.00 0,1107 28,682.37 E-85 Ethanol, Short Transport 4 Load (4,000 gallons to' 7 ,499) 8,000 0.0825 6aD.OO O.l}30D 240.0Q, 0.0150 120.00 0.0498 398.40 E-85 Ethanol, Tank Wagon Load I 5 (3,999 gallons or less) 2,000 0.1325 265.00 0.0600 120.00 0.0200 40.00 0.1556 311.20 No.2 ULSD TxLED Diesel, Transport Load (7,500 gallons or 6 more) 514,100 . 0.0093 4,781.13 0.0075 ~,855.75 0.0050 2,570.50 0.0230 11,824.30 No.2 UlSD TxLED Diesel, Short .. Transport Load (4,000 gallons to ~?-~ 2,499.gallon~ ____._ '-..856,900_ ,---O.01~ . "16,538.17 0.0125 10,711.25 . 0.0150 12,853.50 Q.0253 21,679.57 BID NO. 20iO-D4S,ANNUAL CONTRACT FOR FUELS Bid Award Recommendation Primay: Martih Eagle Oil Company ,Secondary; Douglass Distributing Company PRIMARY SECONDARY Martin Eagle Oil Co. Douglass Dismbuting Co. Sun Coast Resources, Inc. RKA Petroleum Co. Denton, TX Sherman. TX Euless, TX Romulus, MI HUB-No HUB- No HUB- YGs HUB - Yes EST. PlusfMinus Total Bid Plus/Minus Total Bid Plus/Minus Total BId PIus/Minus Total Bid ITEM DESCRIPTION USAGE Differential 'Amount Differentia! Amount Differentia! Amuunt Differential Amount No.2 ULSD T~LED Diesel, Tank Wagon Load (3.999 gallons or 8 less} 342,870 0.0493 16,903.49 0.0225 7,714.58 0.0200 &,857.40 0.. 1307. 44,813.11 I Red-Dyed Diesel. Short 1 . Transport Load (4.000 gallons to I i 9 7.499 gallons) , i 33,429 0.0243 3,2.42.32 0.0125 1,667.86 0.Oi50 2,001.44 0.0426 5,684;08 Red-Dyed Diesel, Tank Wagon 10 Load (3,999 ga\lons or less) 2S,OQQ {).O543 1,357.50 0.0225 562.5G 0.0200 500.00 0.1307 3,267.50 , \ , 810 Diesel, 8·5, approved ASTM ! . 06751 Standard. Shorl 1 Transport Load (4.000 galtons to I 11 7 A99 gallons) I 55.500 -(}.O521 -2,89i.55 0.0000 0.00 0.0150 832.50 0.0498 2,76:>.90 B10 Diesel, 8-20. approved 1 ASTM D6751 Standard. 1 Transport Load (7,500 gallons or! 12 more) I 770,000 -0.2021 , -155,S17.0il -O.OBOO -61,600.00 0.0050 3,850.00 0.0475 36,575.00 Bio Diesel. 8-20, approved ASTM D6751 Standard. Short Transport Load (4;OO{) gallons to 13 7,499 gallons) 56,730 -0.1921 -1Q,897.83 -0.Q400 -2.269.20 .. 0.0150 1 850.95 _ 0.1556 8,827.19 TOTAL AMOUNT OF BID ~195,532.S9 -7},461.26 .62,700,79 163,316 .26 I - - 1 BID NO. 20iO-04£,ANNUAL CONTRACT FOR FUELS Bid Award Recommendation Primay: Martin Eagle Oil Co~pcmy Secondary: Douglass Distributing Company Mansfield Oil Co. of Gainesville, Inc Ports Petroleum Co. Inc. Petroleum Traders Corp. Star Fuel \ Gainesville, GA Wooster,OH FortWayne, IN Oklahoma City, OK HUB ~ No HUB - No HUB- No HUB-No EST. PluslMinus Total Bid Plus/Minus Total BIc! PluslMinus Total Bid PlusfMinus Total Bid ITE;l'i!I DESCRIPTION USAGE Differential Amount Differential Amount: DFfferential Amount Differential Amount Reformulated Unleaded Regular Gasoline. Transport Load {7,500 1 gallons or more) 863,500 -0.0034 -2,935.90 0.0025 2,158.75 -0.0080 -6,908.00 0.0319 27.545.65 ! Reformulated Unleaded Regular Gasoline, Short Load (4,000 2 gallons to 7,499 gaHons} 1,515,000 -0.0004 -606.00 0.0350 53,025.GO 0.0315 47;722.50 0.0586 88,779.0Q Reformulated Unleaded Regular Gasoline, Tank Wagon Load 3 (3,999 ga{1ons or less) 259,100 ' 0.1990 51.560.90 0.2500 64,775.00 0.22.50 58,297.50 0.1650 42,751.50 E-85 Ethanol. Short Transport ,4 Load (4,000 gallons to 7.499) 8,000 0.0765 614.40 0,0350 280.00 0.0315 252.00 D.0586 46S.BO E--85 Ethanol, Tank Wagon Load, 5 (3,999 gallons or less) 2,000 0.2090 418.00 0.2500 500.00 0.2250 450.00 0.-1650 330.00 No. ? ULSO TxLEO Diesel, Transport Load (7,500 gallons or i 6 more) 514,100 0,0097 4,986.77 0.0025 i,285.2.5 : 0.0005 257.05 0.0570 29,303.70 No.2 ULSD TxLED Diesel, Short Transport Load \4.000 gallons to . 7 7,499 gallons} O.04i5 ~.0820 '. 70,265.80 - - -- - 856,900 0.0132 ~11A1t·Q§ ___ _..2.. 03~L _~9,13~:1:5Q::.. ------_. ---- ,--~5,.~~1.~5~ BID NO. 201D~046,ANNUAL CONTRACT FOR FUELS Bid Award Recommendation Primay: Martin Eagle Oil Company Secondary! Douglass Distributing Company Mansfield Oil Co. of. Gainesville, Inc Ports Petroleum Co. InC. Petroleum Traders Corp. Star Fuel GainesviUe, GA Wooster,OH Fort Wayne, IN Oklahoma City, OK HUB- No HUB· No HUB-No HUB-No EST. Plus(Minus Total Bid PluslMinus Total Bid . Plus/Minus Total Bid . PluslMinus Tota! Sid ITEfltl DESCRIPTION USAGE Differential Amount Differential Amount. bifferentilH Amount Differential Amount No.2 UlSD TxLED Diesel. Tank Wagon Load (3,999 gallons or 8 less) 342.,87D 0.2090 71,659.83 0.2500 85,717.50 0.2250 77,145.75 0.1720 58,973.64 Red-Dyed Diesel. Short j Transport Load (4,000 gallons to 9 7,499 gallons) 133,429 0.0167 :2,228.26 0,Q350 4,670.02. 0.0455 6,071.02 0.0820 10,941.18 . . Red-Dyed O'resel, Tank Wagon 10 Load {3.989 gallons or less} 25,000 112090 5,225.00 0.2500 13,250.00 0.2250 5,625.00 O:i/2U 4,300.00 810 Diesel, B-5. approved ASTM D6751 Standard. Short Transport l:oad (4,000 gallons to 11 7,499 gallons) 55,500 Q.0401 2,225.55 0.035Q 1,944.50 0.0660 3,663,00 0.0820 4,551.00 Bio DIesel. B-20, approved ASTM 00751 Standard. Transport Load (7,50Q gallons or 12 . more) 770,000 0.1014 78,078.00 0.0025 1,.925.00 0.0245 18,865.00 0.0570 43,890.00 Bio Diesel, 8-20. approved . ASTM 06751 Standard. Short Transport Load {4.000 gallons to 13 7.499 galtons} 56,730 0.1048 5,945.30 0.0350 1,985.55 ' 0.1375 7,800.38 {J.OB20 4,651.86 TOTAL AMOUNT OF BID 254,802.54 386,75].13 230,711.20 ~54,~~:OZ .. ------BID NO. Z010~046rANNUAL CONTRACT FOR FUELS Bid Award Recommendation Primay: Martin Eagle on Company Secondary: DougJass qistributing Company Southern Counties Oil Co. Gold star Petroleum Orange, GA Spring, TX HUB-No . HUB-Yes EST. Plus/Minus Total Bid PluslMinus Total Bid ilTEM DESCRIPTION USAGE Differential Amount Differential Amount i Reformulated Unleaded Regular Gasoline. Transport Load {7,500 1 gallons or more) 863,5DO -0.0025 -2,158.75 0.1763 152,235.05 Reformulated Unleaded Regular Gasoline, Short Loai::l (4,000 2 gallons to 7,499 gallons) 1,515,000 0.9375 56,812.50 02881 436,471.50 Reformulated Unleaded Regular Gasoline, Tank Wagon Load 3 (3,999 gallons or less) 259,100 0.2500 64,775.00 0.4798 124,3:16.18 E-85 Ethanol, Short Transport 4 Load (4,000 gallons to 7,499) 8,000 0.1650 1,320.00 0.3969 3,175.20 E-85 Ethanol, Tank Wagon Load 5 (3,999 gallons or less) 2,000 0.360.0 720.00 0:5891 1,178.20 . No.2 ULSD TxLEO Diesel, Transport Load (7.500 gallons or 6 more) 514,100 -0.0050 -2,570.50; 0.1779 91,458.39 No.2 ULSD TxLED Diesel, Short , . . Transport Load (4.DOO gallons to 7 ·7,499 gallons) 856,900 0.0350 L.. 29,991,50 0.2107 180,548.83 BID NO. 2010-046;ANNUAl CONTRACT FOR FUELS Bid Award Recommendation Primay: Martin Eagle Oif Company Secondary: Douglass Distributing Company Southern Counties Ot( Co. Gold Star Retroleum Orange, CA Spring, TX HUB -No HUB -Yes EST. Plus/Minus Total Bid PJus/Miotls Total.8id ITEM DESCRIPTION USAGE Differential Amount Differential Amount No.2 ULSD TxLED Diesel, Tank Wagon Load (3,999 gallons or . B fess) 342,870 0.2500 85,717.50 0.4814 165,057.62 Red-Dyed Diesel, Short i [ Transport Load (4,000 gallons to 9 7,499 gallons) 133,429 0.0350 4,670.02 0.2142 28,580.49 Red-Dyed Diesel, Tank WElgon A(O Load (3,999 gal/ons or less) 25,000 0.2500 6,250.00 0.2175 5,437.50 Bic mesel. B-5, approved ASTM 06751 Standard. Short Transport Load (4,000 gallons to 11 7,499 gaHons) 55,500 0.6150 34,132.50 0.3211 17.821,lJ5 Bio Diesel. 8-20, approved ASTM D6751 Standard. Transport Load (7,500 galfons or 12 more} 770,000 0.5850 450,450.00· 0.2988 230,076.00 Bio Diesel, 8-20, approved ASTM 06751 Standard. Short Transport Load (4,000 gallons to 13 ·7,499 gallons) 56730 0.6150 34,888.95 .. 0.3411 19,350.60 TOTAL AMOUNT OF BID 764,998.72 1,455,706.61 L.... _ - -- - I___ ~ Bid No, 2010-046, Annual Contract for Fuels Tarrant County and Entity Usage February 1, 2012 through January 31, 2013 Gallons Unleaded Unleaded Clear Dyed Bio Diesel Bio Diesel Bio Diesel Entity Regular Plus E85 Diesel Diesel (5%) (10%) (20%) Totals Town of Addison 64,583 17,653 82,236 City of Allen 169,198 58,042 227,240 City of Carrollton 206,400 108,500 314,900 City of Coppell 82,249 41,830 124,079 City of Denton 283,299 48,700 273,111 7,801 125,551 496,275 1,234,737 City of Desoto 129,865 37,987 482 168,334 City of Duncanville 73,876 41,379 115,255 City of Euless 156,258 149,265 15,118 554 321,195 City of Farmers Branch 120,000 60,000 180,000 Town of Flower Mound 137,927 20,000 61,898 219,825 I City of Frisco 260,000 95,000 355,000 City of Garland 630,920 621,492 125,929 1,378,341 City of Grand Prairie 426,401 192,978 100,368 719,747 City of Grapevine 115,000 75,000 120,000 310,000 City of Lancaster 117,667 53,525 171,192 City of Lewisville 219,242 81,885 1,801 302,928 City of Mesquite 24,125 438,298 200,597 663,020 City of Midlothian 7,875 2,985 10,860 City of Plano 2,463 80,900 83,363 City of Richardson 237,589 200,811 7,672 38,474 484,546 Denton County 211,710 84,197 64,200 360,107 Lewisville ISO 67,471 11,818 79,289 Northwest ISO 34,864 314,484 349,348 North Texas Tollway 16,408 13,200 29,608 24 Entities SUB-TOTAL: 3,615,807 617,881 143,700 2,693,372 458,745 87,119 133,223 535,303 8,285,150 Tarrant County 336,701 270,020 606,721 GRAND TOTAL: 3!952,508 ,--617,881 143,700 2,963,392 458,745 87,119 133,223 535,303 8,891,871 ------TAKINGS IMPACT ASSESSMENT CHECKLIST Complete this form for any County action that involves the adoption of a regulation, policy, guideline, court resolution or order. Project/Regulation Name: BID No. 2010-046 - ANNUAL CONTRACT FOR FUELS County Department: ______--!....-P~U~R'_""C'_'_H!!....A~S:.'.!IN...!.:G~ ______ Contact Person: ____~J~A~C~K~B!::=.!EA:...!:C~H!...!!A:...!!M~, C~'c!...P..:..!..M!!..:.",-,. A~.P...!.!.P__'. ______ Phone Number for Contact Person: ____~(8~1~7_L)~8~84...!...-..2.1..!.1~33~ ______ Type of TIA Performed: GHORT TI0 or FULL TIA. Circle one after answering the questions in Sections II and III below. *************************************************************************************************** I. Stated Purpose Attach to this checklist an explanation of the purpose of the regulation, policy, guideline, court resolution or order. *************************************************************************************************** Note: The remainder of this Takings Impact Assessment Checklist should be completed in consultation with the Criminal District Attorney's Office. II. Potential Effect on Private Real Property 1. Does the County action require a physical invasion, occupation or dedication of real property? Yes No J 2. Does the County action limit or restrict a real property right, even partially or temporarily? Yes No J If you answered yes to either question, go to Section III. If you answered no to both, STOP HERE and circle SHORT TIA at the top of the form. *************************************************************************************************** ·..... ,. .. ••' COU.l\T " • •• ~ February 23,2010 ADDENDUM #1 RFQ NO. 2010-046 ANNUAL CONTRACT FOR FUELS BIDS DUE MARCH 8, 2010 1. Changes!Additions: A. Discard page 16 of the original specification, see page 2 - 9 of addendum 1 for revised information. B. Discard page 20 of the original specification and replace with the revised page 20, and the Attachment on page 10 of addendum 1. C. Discard pages 3, 7, 18, 19,21,31 of the original specification package and replace with the revised pages, and add page 32 to the original specification package. Changes are highlighted. This addendum must be signed and returned with your bid. NAME AND ADDRESS OF COMPANY: !?2~'u~ ul~ribo-l1~ . G . FO"{Rs+- J4VQ Tel. No. --'-'=--"---=-':~"'------"->-<--!'--__ Fax No. 95 3 - 'lCfI-C07S TARRANT COUNTYADMINISTRA TION BUILDING, SUITE 303 100 E. WEATHERFORD, FORT WORTH, TEXAS 76196 (817) 884-1414, (817) 884-2629 [FAX] ., TARRANT COUNTY PURCHASING DEPARTMENT JACK BEACHAM, C.P.M~A.p.r. ROB COX, C.P.M., A.P.P. PURCHASING AGENT ASSISTANT PURCHASING AGENT March 1, 2010 Addendum #2 BID NO. 2010-046 ANNUAL CONTRACT FOR FUELS BIDS DUE MARCH 15,2010 1. Questions and Responses: A. Questions received by the deadline and Tarrant County responses are included in the following page(s) of this addendum. 2. Changes: A. The due date for this Bid has been changed to March 15, 2010 at 2:00 p.m. This addendum must be signed and returned with your bid. NAME AND ADDRESS OF COMPANY: ~~~v~O:h1 Name. §5QX ()'\Lii(Si I c:y)9a Title \~f\)~o~~-'J.-e~:Y?~Jc~Jl-Stlts ------.""I:()- Tel. No. 9~-'69-3-1 J ~ I Fax No. '103- '6Ctl£Q7S . TARRANT COUNTY ADMINISTRATION BUILD lNG, SUITE 303 100 E. WEATHERFORD, FORT WORTH, TEXAS 76196 (817) 884-1414, (817) 884-2629 [FAX] ~ '. , ANNUAL CONTRACT FOR FUELS II BID PROPOSAL SIGNATURE FORM The undersigned agrees this bid becomes the property of Tarrant County after the official opening. The undersigned affirms he has familiarized himself with the local conditions under which the work is to be performed; satisfied himself of the conditions of delivery, handling and storage of equipment and aU other matters which may be incidental to the work, before submitting a bid. The undersigned agrees, if this bid is accepted, to furnish any and all items/services upon which prices are offered, at the price(s) and upon the terms and conditions contained in the Specifications. The period for acceptance of this Bid Proposal will be sixty (60) calendar days unless a different period is noted by the bidder. The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other Bidder, nor any employee of Tarrant County, and that the contents of this bid have not been communicated to any other bidder or to any employee of Tarrant County prior to the official opening of this bid. Vendor hereby assigns to purchaser any and all claims for overcharges associated with this contract which arise under the antitrust laws of the United States, 15 USCASection 1 et seg., and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et seg. The undersigned affirms that they have read and do understand the specifications and any attachments contained in this bid package. Date~~~~~ __~~ __r- ______Name~-A~~~r-~~~ __~ ____~ Title Q e' Tel. No. 903 -1?-.13 -Jl!D f . FAX No. 9..P~ 291 :::l;Q7S E-Mail Address: jQ6n\~p @dDqJlQsSdS>+. cOiYiC AFTER HOURS EMERGENCY CONTACT: Name: f'Nt\+ \~~\\Q{f'NC\ Tel. No. 9D3- 041 J -102 COMPANY IS: Business included in a Corporate Income Tax Return? YES LNO __Corporation organized & existing under the Jaws of the State of ______iPartnership consisting of __Individual trading as ______Principal offices are in the city of ______ THIS FORM MUST BE SIGNED AND THE ORIGINAL AND ONE (1) COpy RETURNED WITH BID. PAGE 28 OF BID NO. 2010-046 '. ANNUAL CONTRACT FOR FUELS VENDOR REFERENCES Please list three (3) references, other than Tarrant County, who can verify your performance as a vendor. Performance includes but shall not be limited to, sales and/or service, delivery, invoicing, and other items as may be required for Tarrant County to determine your firm's ability to provide the intended goods or service of this bid. The County prefers references to be from customers for whom your firm has provided the same items (sales and/or services) as those specified in this bid. Inaccurate, obsolete or negative responses from the listed references could result in rejection of your bid. REFERENCE ONE II GOVERNMENT/COMPANY NAME: _ C""i:i oP l:a.11(k1 ADDRESS: A flo \ m l) IllCtfnR CONTACT PERSON AND TITLE: _\)4",..L."'-'(1....:\J,--,\O-",-:-\-=-hQ)-"-,,::...;,,W'-'-""O:...>.t.S ______TELEPHONE NUMBER: d ILl-JDo-=:56.tJ. 5 E-MAIL ADDRESS: C\ 0\1 to. +VW Yi\il\s 3 l0 dq I Llil~cx:hl hC~ \\ "CDYb SCOPE OF WORK: 3O..ThSL I CONTRACTPERIOD: ______ REFERENCE TWO II GOVERNMENT/COMPANY NAME: \D.~ \..(t, ~Y\-hJ 'S:r -".yJ S ADDRESS::po &:K ~ ["]1 CONTACT PERSON AND TITLE: _--p~o.::;::.:=\-'__\=~::-.:l--'-cJs""'-==g):::::·_n______TELEPHONE NUMBER: a \Lt -9 LlLl ~ ~ . E-MAIL ADDRESS: (26\( ~V) e? 0§2iJ'~ (~. C1Jvv\ SCOPEOFWORK: ___~~. ~hXY~'~\~Q~, ______CONTRACTPERIOD: ______ REFERENCE THREE II II GOVERNMENT/COMPANY NAME: c"~4-u D..p sh.Q.fOttU; ADDRESS: vD fux j lDf..o I , CONTACT PER~ON AND TITLE: ~O!.l..!t1~nC1....'-....!.m...,;..~A-..I.{..:...l~e.!=¥ ______TELEPHONE NUMBER: 9!r l3-32?-1 =7'd , s E-MAIL ADDRESS: ______------SCOPEOFWORK: __~~.-·~~~/------______CONTRACTPERIOD: ______ THE ORIGINAL AND ONE (1) COpy OF THIS FORM MUST BE RETURNED WITH BID! PAGE 27 OF BID NO. 2010-046 ANNUAL CONTRACT FOR FUELS SPECIAL TERMS AND CONDITIONS Tarrant County has the lead role in developing and encouraging Cooperative Purchasing efforts among the governmental entities that are listed on the next page; therefore it would be in the vendor's best interest to help Tarrant County facilitate this cooperative effort. A "NO" answer eQuid result in complete rejection of bid. Should other Governmental Entities decide to participate in this contract, would you, the Vendor, agree that all terms, conditions, specifications, and pricing would apply? L-Yes __No If you, the Bidder, checked yes, the following will apply: Governmental Entities utilizing Inter-Governmental Contracts with Tarrant County will be eligible, but not obligated, to purchase materials/services under the contract(s) awarded as a result of this solicitation. All purchases by Governmental Entities other than Tarrant County will be billed directly to that Governmental Entity and paid by that Governmental Entity. Tarrant County will not be responsible for another Governmental Entity's debts. Each Governmental Entity will order their own material/services as needed. Delivery to governmental entities located within Tarrant, Dallas, Denton and Collin County's will be at no charge or as otherwise provided for in the Award Document. Delivery charges, if any, for governmental entities located outside a shall be negotiated between the successful bidder and each governmental entity. Vendor(s) awarded contract(s) resulting from Request for Bid (RFB) shall be responsible for providing to Tarrant County, at no additional charge, a complete list of all governmental entities currently utilizing the contract and their annual expenditures. This information shall be provided ninety days prior to the expiration of the contract. or as otherwise requested by Tarrant County. Failure to provide the requested information when requested could delay the renewal process. SECONDARY/ALTERNATE AWARD: Secondary or alternate vendors serve in a back up capacity only. In the event the primary is unable to honor the terms and conditions of the contract, the secondary vendor may be called. If the secondary vendor is unable to honor the terms and conditions of the contract the alternate may be called. The primary vendor is the first contact. Use of the secondary or alternate must be approved, in writing, by the Tarrant County Purchasing Agent or his designee. In the event the secondary or alternate vendors are called upon, they will offer the goods and services at the bid prices, or better. Any attempt to increase the original bid price may be cause to remove the vendor from the contract. If the secondary or alternate vendor represents themselves as the primary vendor without written authorization from the Tarrant County Purchasing Agent, or his deSignee, the secondary or alternate vendor may be removed from the contract. Would you, the Bidder, be willing to accept a secondary/alternate award based on the above? -1--ves __No Bid No. 2010-046 PAGE 7 OF BID NO. 2010-046 Revised 2/23/10 ANNUAL CONTRACT FOR FUELS CERTIFICATION OF ELIGIBILITY (This provision applies if the anticipated contract exceeds $25,000) By submitting a bid or proposal in response to this solicitation, the bidder/proposer certifies that at the time of submission. he/she is not on the Federal Government's list of suspended, ineligible, or debarred contractors. In the event of placement on the list between the time of bid/proposal submission and time of award, the bidder/proposer will notify the Tarrant County Purchasing Agent. Failure to do so may result in terminating this contract for default. PAGE 29 OF BID NO. 2010-046 ANNUAL CONTRACT FOR FUELS 810 FORMS/DOCUMENTS CHECKLIST A check mark (~') in the space provided indicates these forms/documents have been completed and are included in your bid package. The original and one (1) ./Indicates copy of all forms/documents should be sUbmitted. Failure to check all items Compliance could result in rejection ofthe entire bid. All deviations from specifications must be documented separately and included with bid package. 1. Vendor References. Bidder has provided three (3) references, other than Tarrant County. References must be able to verify the quality of II seNice your company provides and that your company has completed a project of similar size and scope of work to this bid. L j 2. Signatures. All forms requiring a signature must be signed. Bids not signed will not be considered for award. I 3. Bid Pro~osaJ Forms. All sections of Bid Proposal Forms have been J completed. 4. Insurance Certificates (If required). Bidders must submit all Insurance J Certificates with bid. If no insurance requirements specified, mark N/A. 5. Addenda. When applicable, Bidder acknowledges receipt of all addenda and has included the signed Addenda cover pages and any J revised Bid Forms in their bid package. 6 . Failure to provide signatures, where required and/or submission of required forms, including but not limited to the Bid Proposal Signature .J Form, References, Bid Forms/Documents Checklist, Questionnaires (when applicable). Addenda (including revised forms), and any other specified forms or documents will be grounds for rejection of entire bid. 7. Accuracy for all mathematical and number entries is the sole J responsibility of the bidder. Tarrant County will not be responsible for errors made by the bidder. 8. Bidder's company is registered on' TVORS (Tarrant On-Line Vendor J Registration System) 9. Failure to comply with the requirements set forth in this Request for Bid 0 may result in rejection of bid and/or cancellation of contract after award. THE ORIGINAL AND ONE (1) COpy OF THIS FORM MUST BE RETURNED WITH BID! PAGE 30 OF BID NO. 2010-046 ANNUAL CONTRACT FOR FUELS 11 II BID PROPOSALS 1. Reformulated Unleaded l:tmlMel $ - 0 t D3CO Regular Gasoline Transport Load (7,500 gallons or more) 2. Reformulated Unleaded -1"1011111 $ - 0, 0 I 00 'fn in us $ ~..:.....t----="::=----} Regular Gasoline Short Transport Load (4.000 gallons to 7,499 gallons) 3. Reformulated Unleaded • ..,.Ulttt' $ -\tl, 0\ CO J?l \JS $ d, Sq 1,00 Regular Gasoline Tank Wagon Load (3,999 gallons or less) $ +O,03CO lJIQ5 $ JLfO·OO $ ·to.OleCD J?tus $ ,~O .00 $-t O.C015 -PleD $ 3J555.75 I $ ·-\-Q.Dl:2\5 :plus $ }O,lll,~ 8. 9. Red-Dyed Diesel 133,429 $ 1:- 0 I ()l:;Q l?los $ \ ilal.n /.20 Short Transport Load (4,000 1 gallons to 7,499 gallons) PAGE 31 OF BID NO. 2010-046 ANNUAL CONTRACT FOR FUELS II BID PROPOSALS 55,500 $_-"Q~ __ Q.VQ1J $_--=-0__ PAGE 32 OF BID NO. 2010-046 I ALTERNATE FUELING SITE Flint Hills Resources 12550 Trinity Blvd. Euless, TX 76040 '. I I , ,I :i '., j . DATE(loI pONYVV) , ACORD", CERTIFICATE OF liABILITY "INSURANC.E 06l30f~ pg !, PRODUCER THIS CERTIFICATE IS ISSUED. AS Ii MATTER .OF INFO,,!! TlON MARSH USA, INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTI ~ATE ATfN:RAFFLES· FAX 313-393·6950 HOLDER. THIS ceRTIFICATE DOES NOT AMEND EXTE ~.OR :1 600 RENAISSANCE CENTER, STE. 2100 ALTER THE COVERAGE AFFORDED BY THE POUCIES BEL I DETROIT, MI 48243 I ! I I 00294 ·OO295·RAFLS..()9·10 P INSURERS AffORDING CO\l£RAGE HAle, I ;1 INIIURED INSURE~A:American ZunCh Insurance Company 40142 1 I W, Douglass Dlstrlbutlng Co., Ltd. P,O. Box 1124 ·INSURER B: Zurlch~rican .Insurance Company 165:35 Sherrnan,TX 75091 i INSURER C;Axis Surplus Insurance Company 26820 i Ii INSIJI\EfI '" lexington Insurance Company 19437 i INSURERE: i I i 1 COVERAGES THE POLICIES OF INSURANCE USTED saow HAVE BEEN ISSUED. TO THE INSURED NAMED ASOVEfOfl THE POliCY PERIOD INDJC TEO. I NOTWITHSTANDING ANY AEQUIREMENT". TERM OR CONDInON OF ANY CONTRACT OR OTHER DOCUMENT" WITH RESPECT TO WHICH THIS CEATI ATE 1 MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POlICIES DESCRlBEO HEREIN IS SUBJECT TO All THE: TERMS. EXCLUSION ANP I CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS. i NSB POUCV !fl'liCTIVE !"OUCT EXI'IRAnOH I LTR Il:~~ TYPE Of INSURANCE I POUCY HUIIBI!II DATe (1II1/l1I11YYJ DATe !III1/l1DIVYJ UIIITS I I D~HIiIiAl. UAlllUTY I I'ACH ,iii I COMMERCIAL GENERAL UABILlTY ~=~iJ~~u!c." i$ 500,00 B 1-ex Gl03486911 04101109 04101(10 MeD EXP {My one J) \, i . •. .- . ... . -. L_ -~ .. ---- -_ __ --- -.- i I Agenda Item 5C Approval of a Sign Variance for property located at 480 E. Wheatland Rd. to erect wall signage with an area of 39 square feet vs. the ordinance allowance of 9.2 square feet BACKGROUND OF ISSUE: A public hearing was held at a meeting of the Sign Control Board on February 28,2013 to consider the request of Robert Davis of Cold Play, LP, 1022 E. Broad Street, Mansfield, TX to erect wall signage with area of 39 square feet vs. the ordinance allowance of 9.2 square feet on property located at 480 E. Wheatland Rd. The variance was approved with a vote of three in favor and one against. FINANCIAL IMPACT: N/A OPERATIONAL IMPACT: N/A RECOMMENDATION: City Council approval is requested City of Duncanville Sign Control Board - Regnlar Meeting Council Chambers, City Hall 203 E. Wheatland Road 7.00pm Thursday, February 28, 2013 AGENDA ITEM NO. 1. Review and approve minutes of meeting held on February 14,2013. 2. Public hearing to consider the request of Robert Davis of Cold Play, LP, 1022 E. Broad Street, Mansfield, TX to erect wall signage with area of 39 square feet vs. ordinance allowance of 9.2 square feet. Property is located at 480 E. Wheatland Road, Duncanville, TX 75137. 3. Consider directing staff on the request of Robert Davis of Cold Play, LP, 1022 E. Broad Street, Mansfield, TX to erect wall signage with area of32 square feet. POSTED BY: ______ DA TE & TIME: ______ The City of Duncanville does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its programs or activities. If you have a request for services or translation that will make this program accessible to you, please contact the City of Duncanville at least 72 hours in advance at (972) 780-5012. (TDD access 1-800-RELA Y-TX) Building Inspection. P.O. Box 380280. Duncanville, Texas 75138-0280 • (972) 780-5040 • Fax (972) 780-6441 SIGN CONTROL BOARD DRAFT COUNCIL CHAMBERS CITY HALL, 203 EAST WHEATLAND ROAD THURSDAY, FEBRUARY 14,2013,7:00 P.M. A joint meeting of the City Council and Sign Control Board was held on February 14, 2013 with a quorum present, to wit: Board Members attending: TammiAbney Cassandra Todd-Kyler Alexander McLachlan Billy Townsend Sandra Julien Members Absent: None Item 1. Chair Tammi Abney opened the meeting at 7.00pm and Alexander McLachlan moved to approve the minutes of the meeting held on January 24,2013. This was seconded by Billy Townsend, and all voted in favor. Items 2 & 3. Public hearing to consider the request of Sam Salem of One-Stop Auto Care, 255 W. Camp Wisdom Road, Duncanville, TX 75116 to erect a pole sign: (a) six (6) feet from the City right-of-way line vs. 15 feet required, (b) two (2) feet from the east property line vs. 30 feet required and (c) seventy (70) feet from another pole sign vs. 100 feet required. Property is located at 255 W. Camp Wisdom Road, Duncanville, TX 75116. Nobody was in attendance to speak in favor of or against the request, and Sandra Julien moved to close the public hearing, seconded by Cassandra Todd-Kyler. All voted in favor and discussion followed. Billy Townsend moved to approve the variance, seconded by Tammi Abney. All voted in favor and the variance was granted. Billy Townsend moved to adjourn the meeting, seconded by Sandra Julien. All voted in favor and the meeting was adjourned at 7.18pm. Greg Contreras Recording Secretary City of Duncanville LEGAL NOTICE The City of Duncanville Sign Control Board will hold a public hearing on Thursday, February 28, 2013 at 7:00 PM, at City Hall, Council Chambers, 203 E. Wheatland Road, to consider the request of Robert Davis of Cold Play, LP at 1022 E. Broad Street, Mansfield, TX to erect wall signage with area of 39 square feet vs. ordinance allowance of 9.2 square feet. Property is located at 480 E. Wheatland Road, Duncanville, TX 75137. As an interested party you may appear at the hearing or you may send notice to the Sign Control Board, City of Duncanville, P.O. Box 380280, Duncanville, TX 75138-0280, stating your position. City of Duncanville Greg Contreras Building Official Building Inspection. P.O. Box 380280. Duncanville, Texas 75138-0280. (972) 780·5040' Fax (972) 780·6441 02/13/2013 14:52 8174538875 EAGLE POSTAL: PAGE 01/01 APPLICATION FbR HEAFliNG BEFORE THE SIGN CONTROL I BOARD! FOR l'm~ CITY OF DUNCAl\I'VILLE Date hE- I e; 1/ -z..o I ~ Name of Applicant: itOw f1'-Ttty_l.~?~~ ____~_~ __ Address of sHe where sigh is to be located: f§o ~ wAf:. trY r.,Jt!4> eM Variance requested: ~~'-'--_ Reason, for variance requ~$t: ___~ ___~ ______~ PLEASE ATTACll,l\. foRA WING OF THE SIGN ON WHICH THE V ARlANCE JS BEING REQUESTE))~ INC:~U])ING THE DIMENSWNS OF THE StGN AND A SITE PLAN SnUWlNG WHERE THE SIGN IS TO BE LOCATED. Applicau,t's~ signature : ~JStttr f)m s i A.pplicant's Printed Nanie I /& $7, t.- ~M' Mai1jng address ofappli~ant OJ7 ft;9(J S--Zt:1 Applicant's telephone n~ber I 1'0 BE FlLLE» IN Hi CITY ~iT).FF: Date of meeting: VARIANCE FEE $100.00 SIGN CONTROL BOARD WORKSHEET Hearing Date: 2/28113 File Number: 2013-4 Address of Property: 480 E. Wheatland Road, Duncanville, TX 75137 Applicant's Name: Robert Davis, Cold Play, LP Applicant's Address: 1022 E. Broad Street, Mansfield, TX Variance Requested: To erect wall signage with area of39 square feet. Code Section & Requirements: Sec. 16A-37(d)(1): The total square footage of all wall signs on a structure may not exceed the horizontal linear measurement of the display frontage of that structure. Number of Letters Mailed to Adjacent Property Owners: 54 Number of Letters Returned, Not Received: Number of Responses: 10 Number in Favor of the Request: 5 Number in Opposition of the Request: 5 Staff Recommendations/Comments: None 2115/2013 9:42 AM Sec. 16A·37. - Wall signs. (a) AlloVi/ed uses: (1) General business. (2) Apartment signs. (3) Real estate signs. (4) Menu board. (5) Identification signs. (6) Multi-use signs. (7) Bulletin board. (8) Directional signs. (9) Directories. (10) Scoreboards. (11) Signs erected in designated sign areas shall be limited to uses specified by the building official. (b) Permit: Required. Exception: Directional signs and scoreboards, not required. (c) Maximum height: Four feet. (d) ... Maximum area: --,... , (1) The total square footage of all wall signs on a structure may not exceed the horizontal linear measurement of the display frontage of that structure. When the display frontage includes more than one wall, the total square footage of all wall signs on any one wall of the structure may not exceed the horizontal linear measurement of the wall upon which erected. Exceptions to maximum area: A. The area of all wall signs on a structure exceeding 90,000 square feet area and housing a single occupant or business entity shall be as follows: Building ~eight ...... '" Max,imumSighage Le~gth'as Percentage of Display ...... ', . Ffbrlt~ge .. '. '. " 0- 20 feet 4 feet 75% 21 - 30 feet 6 feet 60% over 30 feet 8 feet 50% No more than 20 percent of wall signage erected on such structures may advertise businesses or services other than the main occupant of the structure. B. For businesses the interior area of which is 15,000 square feet or less, when the display frontage of the business is set back from the street which it faces, wall sign dimensions may be increased as follows: Tills fonn is provided for your convenience to state your preference in regards to the referenced Public Hearing. Should you decide not to attend the Public Hearing in person, please complete the questionnaire and mail it directly to the Board in care of the following address: Sign Control Board, City of Duncanville, PO Box 380280, Duncanville, TX 75138-0280; or hand deliver it to the City Offices at 203 E. Wheatland Rd. Tills questionnaire should reach the City Offices no later than 2:00 p.m. the day of the day of the Public Hearing. ADDRESS OF PROPERTY SUBJECT TO PUBLIC HEARING: 480 E. Wheatland Road, Duncanville, TX 75137 Please check one: /well are/am in favor of granting the variance. _ Well are/am not in favor of granting the variance. Please state your reasons below: Signature: --+-£J)-"'LL.JI~-I-&JJ~~M.'-=-'>....--- __ Address of property owner: _8::....;9'--'2:..:...... :6"'"'--'-, ~1\A41AJ..\L1..1t-i--"6::..JrR~£""'8CLr__ _ 'DwJ CJt;l\j:H-L.f) TEXAS 15137 This fonn is provided for your convenience to state your preference in regards to the referenced Public Hearing. Should you decide not to attend the Public Hearing in person, please complete the questionnaire and mail it directly to the Board in care of the following address: Sign Control Board, City of Duncanville, PO Box 380280, Duncanville, TX 75138-0280; or hand deliver it to the City Offices at 203 E. Wheatland Rd. This questionnaire should reach the City Offices no later than 2:00 p.m. the day of the day of the Public Hearing. ADDRESS OF PROPERTY SUBJECT TO PUBLIC HEARING: 480 E. Wheatland Road, Duncanville, TX 75137 Please check one: ~ell are/am in favor of granting the variance. _ Well are/am not in favor of granting the variance. Please state your reasons below: Signahrre: ~,f~~ Address of property owner: V\ * This fonn is provided for your convenience to state your "preference in regards to the referenced Public Hearing. Should you decide not to attend the Public Hearing in person, please complete the questionnaire and mail it directly to the Board in care of the following address: Sign Control Board, City of Duncanville, PO Box 380280, Duncanville, IX 75138-0280; or hand deliver it to the City Offices at 203 E. Wheatland Rd. This questionnaire should reach the City Offices no later than 2:00 p.m. the day of the day of the Public Hearing. ADDRESS OF PROPERTY SUBJECT TO PUBLIC HEARING: 480 E. Wheatland Road, Duncanville, TX 75137 Please check one: ;x: Well are/am in favor of granting the variance. _ Well are/am not in favor of granting the variance. Please state your reasons below: Signature: _--')l--y/_,_j._0__" ______Address of property owner: 9-1 (IJ//e,.-., f)tJnClP? ~/k /§< >f7 Tills form is provided for your convenience to state your preference in regards to the referenced Public Hearing. Should you decide not to attend the Public Hearing in person, please complete the questionnaire and mail it directly to the Board in care of the following address: Sign Control Board, City of Duncanville, PO Box 380280, Duncanville, IX 75138-0280; or hand deliver it to the City Offices at 203 E. Wheatland Rd. This questionnaire should reach the City Offices no later than 2:00 p.m. the day of the day of the Public Hearing. ADDRESS OF PROPERTY SUBJECT TO PUBLIC HEARING: 480 E. Wheatland Road, Duncanville, TX 75137 Please check one' Z are/am in favor of granting the variance. _ Well are/am not in favor of granting the variance. Please state your reasons below: Address of property owner: This fonn is provided for your convenience to state your preference in regards to the referenced Public Hearing. Should you decide not to attend the Public Hearing in person, please complete the questionnaire and mail it directly to the Board in care of the following address: Sign Control Board, City of Duncanville, PO Box 380280, Duncanville, TX 75138-0280; or hand delIver it to the City Offices at 203 E. Wheatland Rd. This questionnaire should reach the City Offices no later than 2:00 p.m. the day of the day of the Public Hearing. ADDRESS OF PROPERTY SUBJECT TO PUBLIC HEARING: 480 E. Wheatland Road, Duncanville, TX 75137 Please check one: .~ ell are/am in favor of granting the variance. _ Well are/am not in favor of granting the variance. Please state your reasons below: This fonn is provided for your convenience to state your preference in regards to the referenced Public Hearing. Should you decide not to attend the Public Hearing in person, please complete the questionnaire and mail it directly to the Board in care of the following address: Sign Control Board, City of Duncanville, PO Box 380280, Duncanville, TX 75138-0280; or hand deliver it to the City Offices at 203 E. Wheatland Rd. This questionnaire should reach the City Offices no later than 2:00 p.m. the day of ·the day of the Public Hearing. ADDRESS OF PROPERTY SUBJECT TO PUBLIC HEARING: 480 E. Wheatland Road, Duncanville, TX 75137 Please check one: tell are/am in favor of granting the variance. - Well are/am not in favor of granting the variance. Please state your reasons below: This form is provided for your convenience to state your preference in regards to the referenced Public Hearing. Should you decide not to attend the Public Hearing in person, please complete the questionnaire and mail it directly to the Board in care of the following address: Sign Control Board, City of Duncanville, PO Box 380280, Duncanville, TX 75138-0280; or hand deliver it to the City Offices at 203 E. Wheatland Rd. This questionnaire should reach the City Offices no later than 2:00 p.m. the day of the day of the Public Hearing. ADDRESS OF PROPERTY SUBJECT TO PUBLIC HEARING: 480 E. Wheatland Road, Duncanville, TX 75137 Please check one: _ Well are/am in favor of granting the variance. '/ Well are/am not in favor of granting the variance. Please state your reasons below: 1) l,'- "5 -y1'L-ItQ(2 ({ to vv .~ -Ih (1...eA,' AfJ lJr.-- liB C}tl - 1 gc t'UQ) ( fl-vt-e itJ- Signaturk-:'l C/VV Address of property owner: fa 3( S'. 1fL-e\CJl/f-Y'voe~ /lv-e This fonn is provided for your convenience to state your preference in regards to the referenced Public Hearing. Should you decide not to attend the Public Hearing in person, please complete the questionnaire and mail it directly to the Board in care of the following address: Sign Control Board, City of Duncanville, PO Box 380280, Duncanville, TX 75138-0280; or hand deliver it to the City Offices at 203 E. Wheatland Rd. This questionnaire should reach the City Offices no later than 2:00 p.m. the day of the day of the Public Hearing. ADDRESS OF PROPERTY SUBJECT TO PUBLIC HEARING: 480 E. Wheatland Road, Duncanville. TX 75137 Please check one: _ We/I are/am in favor of granting the variance. ~ We/I are/am not in favor of granting the variance. L..e fS" kx-{tf' [)UY/Cr;(lA.vt'tle IVi>k,'~ cI~SJ;) ~q~~ Jd.AU Ca/·s"t }Vlv..u/~J .Y~_ Signature: ~Jj.,u.. ("d..~ ,/n~ti h,;uI~ Lp / ~ Address of property owner: 5Vol W, 1J,~(?(7tf ';:;''''''1 kk /15 / :Tr./t17Y 7SDG l This form is provided for your convenience to state your preference in regards to the referenced Public Hearing. Should you decide not to attend the Public Hearing in person, please complete the questionnaire and mail it directly to the Board in care of the following address: Sign Control Board, City of Duncanville, PO Box 380280, Duncanville, TX 75138-0280; or hand deliver it to the City Offices at 203 E. Wheatland Rd. This questionnaire should reach the City Offices no later than 2:00 p.m. the day of the day of the Public Hearing. : ADDRESS OF PROPERTY SUBJECT TO PUBLIC HEARING: 480 E. Wheatland Road, Duncanville, TX 75137 Please check one: _ Well are/am in favor of granting the variance. JL'Well are/am not in favor of granting the variance. Please state your reasons below: I,"/ Signature: 1k ADDRESS OF PROPERTY SUBJECT TO PUBLIC HEARING: 480 E. Wheatland Road, Duncanville, TX 75137 Please check one: _ Well are/am in favor of granting the variance. / ~ Well are/am not in favor of granting the variance. SIGN CONTROL BOARD DRAFT COUNCIL CHAMBERS CITY HALL, 203 EAST WHEATLAND ROAD THURSDAY, FEBRUARY 28, 2013,7:00 P.M. A meeting of the Sign Control Board was held on February 28,2013 with a quorum present, to wit: Members attending: Cassandra Todd-Kyler Alexander McLachlan Billy Townsend Sandra Julien Members Absent: Tammi Abney Item 1. Cassandra Todd-Kyler opened the meeting at 7.00pm and Billy Townsend moved to approve the minutes of the meeting held on February 14, 2013. This was seconded by Sandra Julien, and all voted in favor. Items 2 & 3. Public hearing to consider the request of Robert Davis of Cold Play, LP, 1022 E. Broad Street, Mansfield, TX to erect wall signage with area of 39 square feet vs. ordinance allowance of 9.2 square feet. Property is located at 480 E. Wheatland Road, Duncanville, TX 75137. Robert Davis of Cold Play, LP, 1022 E. Broad Street, Mansfield, TX spoke in favor of the request; nobody spoke against. Cassandra Todd-Kyler moved to close the public hearing, seconded by Billy Townsend. All voted in favor and discussion followed. Billy Townsend moved to approve the variance, seconded by Sandra Julien. Cassandra Todd-Kyler, Billy Townsend and Sandra Julien voted in favor of this motion, with Alexander McLachlan voting against. The vote was three in favor and one opposed, and the variance was granted. Cassandra Todd-Kyler moved to adjourn the meeting, seconded by Billy Townsend. All voted in favor and the meeting was adjourned at 7.32pm. Tom Greco Recording Secretary Agenda Item 6 Discuss and consider approval of Ordinance No. 2193, amending the Code of Ordinances by amending Chapter 16A, Sign Guidelines, Article II, Definitions; Section 16A-5, Definitions, Article VIII, Rulesfor Specific Sign Types; Section 16A-35 Related Political Signs BACKGROUND OF ISSUE: N/A FINANCIAL IMPACT: N/A OPERATIONAL IMPACT: N/A RECOMMENDATION: City Council approval is requested ORDINANCE NO. 2193 AN ORDINANCE OF THE CITY OF DUNCANVILLE, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 16A, SIGN GUIDELINES, ARTICLE II, DEFINITIONS, SECTION 16A-5, DEFINITIONS AND ARTICLE VIII, RULES FOR SPECIFIC SIGN TYPLES, SECTION 16A-35 RELATED POLITICAL SIGNS; PROVIDING SEVERABILITY, REPEALING AND SAVINGS CLAUSES; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000) FOR EACH AND EVERY OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Duncanville, Texas ("City Council"), has investigated and determined that it will be advantageous and beneficial to the City of Duncanville, Texas ("Duncanville" or "City") and its citizens to amend Section 16A-5 Definitions and Section 16A-35 of the sign ordinance regarding political signs as set forth below; and WHEREAS, the City Council, in compliance with the laws of the State of Texas and the ordinances of the City, has held a public meeting to discuss the changes provided herein and the changes are within the legislative discretion of the City Council and compliant with the laws of the State of Texas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUNCANVILLE, TEXAS: SECTION 1. Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2. Amendment to Code of Ordinances; Sign Guidelines Chapter 16A; Definitions, Article II; Section 16A-5: That Chapter 16A, Article II, Section 16A-5, Definitions, of the Code of Ordinances of the City of Duncanville is hereby amended to delete the following definitions in their entirety: "Major thoroughfares." "Private residential property." "Public right-of-way." And that the definition of "public property" is amended as follows: "Public property. All real property other than private real property." Ordinance amending sign regulations for Political Signs - Page 1 of 3 SECTION 3. Amendment to Code of Ordinances, Sign Guidelines Chapters 16A; Rules for Specific Types of Signs, Article VIII; Political Signs, Section 16A-35. That Chapter 16A, Sign Guidelines Article VIII, Rules for Specific Types, Article 16A-35, Political Signs, of the Code of Ordinances of the City of Duncanville is hereby amended as follows: (a) Allowed uses: Reference to issues, candidates or political measures involved in a political election. (b) Permit: Not required. (c) Maximum height: (1) On private real property: Eight feet. (2) On public property: Three feet, except as where allowed to be up to eight feet as set forth in 16A-35(e)(1). (d) Maximum Area: (1) On private real property: Thirty-six square feet. (2) On public property: Eight square feet. (e) Placement: (1) On private real property: May be displayed with consent of the property owner of vacant property or occupant of occupied property. (2) On public property: May be displayed except where such public property is adjacent to other public property. Exceptions: (a) On Election Day only or during early voting, may be placed on any polling location but no greater than 200 feet from the entrance door to polling places (whether polling place is on public or private property) and maximum height in such area shall be eight feet if on the property of the polling location. (b) On election days may be displayed in public right-of-way adjacent to the polling location. (3) Political signs are not permitted on utility poles, in city medians, or in the right-of way of any interstate or highway. (4) No political sign legally displayed on public property may be attached to other signs of any type. (5) No political signs may be placed in any location or manner that may constitute or create a traffic hazard. (6) All political signs must be placed in accordance with all applicable county, state or federal regulations. (f) Maximum number: Not applicable. (g) Duration: On public property, political signs: Ordinance amending sign regulations for Political Signs - Page 2 of 3 (1) May not be displayed more than 30 days before Election Day. (2) Must be removed within five days after Election Day. SECTION 4. Savings/Repealing Clause. Duncanville's Code of Ordinances shall remain in full force and effect, save and except as amended by this or any other ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 5. Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional, illegal or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Duncanville hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 6. Penalty Provision. The penalty provisions in Section 1-5 of the Code of Ordinances shall apply to violations of this Ordinance, which generally provides that any person, firm, corporation or entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Five Hundred Dollars ($500.00) except for violations that relate to fire safety, public health, and sanitation shall be fined a sum not exceeding Two Thousand Dollars ($2,000.00). Each occurrence in violation of this Ordinance and/or each day the violation continues shall constitute a separate and distinct offense. The penal provisions imposed under this Ordinance shall not preclude Duncanville from filing suit to enjoin the violation nor shall it preclude Duncanville from taking such other lawful action as is necessary to prevent or remedy any violation. Duncanville retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 7. Effective Date. This Ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases require. DULY ADOPTED by the City Council of the City of Duncanville, Texas, this the __ day of March, 2013. Deborah Hodge, Mayor ATTEST: Angie Wade, City Secretary Date of Publication in official newspaper: Ordinance amending sign regulations for Political Signs - Page 3 of 3 Agenda Item 7 Receive presentation from Mr. Barton Burnett and his Engineering class from the Duncanville High School engineering Program BACKGROUND OF ISSUE: FINANCIAL IMPACT: N/A OPERATIONAL IMPACT: N/A RECOMMENDATION: No action required Agenda Item 8 Consider directing staff on the request ofRobert Ramoz, representing Templo Bautista Nueva Jerusalem, to grant a Special Use Permit "SUP" to allow a Religious Institution (Church) on Lot 2A, Block 3, Woodhaven Addition, more commonly known as 1408 North Main Street. BACKGROUND OF ISSUE: A public hearing was held before the Planning & Zoning Commission on January 14,2013, to consider the request of Robert Ramoz (Templo Bautista Nueva Jerusalem) to grant a Special Use Permit "SUP" to allow a Religious Institution (Church). An SUP was originally granted by Ordinance No. 2048 on February 19, 2008, for an initial term of five (5) years with three renewals. The existing structure was built in 2005 as a 2,149 square foot office building. Following discussion, the motion to approve this request was denied (one vote for and three votes against), per the attached minutes. As a result of this vote, a super majority vote of the City Council will be required to overturn the negative Planning & Zoning recommendation. A public hearing was held before the City Council on February 19,2013, to consider this zoning request. The public hearing was closed and discussion followed. The City Council voted to postpone any further action on this request until further research by the City Attorney could be presented to the Council. On March 5, 2013, the City Attorney and the City Council discussed pending zoning cases at an executive session. Copies of Ordinance No. 2048 granting the Special Use Permit in 2008 as well as the City Council minutes for the February 5, 2013, meeting are attached. FINANCIAL IMPACT: N/A OPERATIONAL IMPACT: N/A RECOMMENDATION: A motion directing staff to prepare an ordinance granting a Special Use Permit/or a Religious Institution (Church) at 1408 North Main Street, with conditions, would be appropriate if so desired. A super majority vote would be required to approve this request. Dec 10 Updated November 2002 APPLICATION FOR RENEWAL OF SPECIAL USE PERMIT To The City Plan Commission City of Duncanville, Texas File # ,;up.l ~ -I J (To be supplied by City) Legal Description of the Property: RECE~VED Lot 2A, Block 3, Woodhaven Addition ------,~NtlOJJ.I_'V06 201Z Location or Address of Property: CITY OF DUNCANVILLE PUBLIC WORKS DEP7_ 1408 North Main Street, Duncanville,TX Property Owner's Name and Address: 32./ q Templo Bautista Nueva Jerusalem, Current Zoning Classification: Special Use Permit- Expires 0211912013- Religious Institution - Church Desired Zoning Classification: 5-Year Renewal -Special Use Permit to Expire 02119/2018 - Religious Institution - Church Reasons for Desired Zoning Classification: Comply "vith conditions set forth in Ordinance No. 2048. I, .:: ~lo e.rZ: "7)aV11. 6 z. ,do hereby certify that all existing Special·Use Permit conditions, per Ordinance No. 2048, have been complied with and that no changes to the conditions or other SU Ordinance provisions are being reque::<-,s _ __.... Name of Applicant (please Type or Print) 3:2 jcj7e;/l-s1Jr-. Street n1Ltu 'Is;}. I ( City A f State Zip Telephone Number 1/ 6/;;(0 I ~ Date RED BIRD LN - ~ - '''' ~1431 - ~~ ~ 402 406 410 414 418 502 \\A \ 3141iit I\~ :~ ~~ 1426 206 210 214 218 302 310 i6 1427 \; - (======r~\\: \ 1:~:4 I 1419 - 100 \ \ 14111-(14_14___ -1 3 - J /1410 2: __ - r----======]W[.BR~E~D~B~IR~D~1340~L~N~==:=~-\==71!:==1=3=15====~r,gj-~1,~_~~a1~4~~~~~2~15~n~3~ZV~~~~3,-30-7~31~5,-2-3,-3-1.,-3n-,§ 4,0_3_~,-7~4~1~3~4~1~5~4,1_9_4~2~1~4_~~ - WOODHA VEN BL VD WOODHA VEN BL VD ,.1; 206 214 218 222 - I - AREA ) ~ ( - 226 306 30B 310 316 31B 322 326 ~2 ~6 410 414 418 422 50 - OF o ~ '/~!il c- c: 2: 0 REQUEST /ijl-~!: - » 2: - ::;:; 1301 ~'1--'-----l-~~.,..--L;~3\-.l-,-5500771 :;:+-r-d ~-'-r--r-'-gJ 1 ~-'-+-;I ~.'" ~...,-',-d ~ ~...,..t-,-d t:;: 1;n+-r-:g :?l'-r---rl-I~ 1[;;..--1- 1;::: ~,-,.L~I &j..,.-l,...-j 11;:; I~ ",.:::: ~ L~~~~!~~I~·I~~I~~I~/~m~J~I~I~m~l~I~!~ I- :: 11439, SUMMIT RIDGE DR 1300 1435 N CD ~ 1346 1 g g '" - 1431 - 11427 r;:;-r;::- ZONING 1 1423 g glu r- :1419 ~'- REQUEST AJ r-c- 0 » 1415 N CDI~ a 1218 ;,,------~----~1~4;11~ g glu FOR 1 re- 1407 f-- a f3 1408 N Main Street 1 1~3 '" '" r--- ~-- J----,------r-----~ -- CITY OF DUNCANVIUE .A 1-.-11:2-11-.4..-1------'---1; I 1200 ~ ~ 11roBa012/ PUBLIC WORKS N CITY COUNCIL BRIEFING SESSION FEBRUARY 5, 2013 A briefing session of the City Council was held Tuesday, February 5, 2013 at 6:00 p.m. with a quorum present, to wit: Deborah Hodge Mayor Janet Harris Councilwoman Don Freeman Councilman Stephen Jones Councilman Leslie Thomas Councilwoman Mark Cooks Councilman Johnette Jameson Mayor Pro Tern The following staff members were also present: Interim City Manager Greg Contreras, Interim City Secretary Angie Wade, Finance Director Richard Summerlin, Police Chief Robert Brown, Public Works Director Steve Miller, Assistant Public Works Director Mike Brownlee, Parks Director Bart Stevenson, Police Lieutenant Gene Kropf. ITEM 1. REVIEW AND DISCUSS UPCOMING CALENDAR ITEMS. The following items were discussed: Basic Municipal Law Seminar, February 21 and 22, Texas Municipal Center, Austin, TX; 2012 Duncanville Police Department Volunteer Awards Banquet, February 15,6:00 pm at the Duncanville Lions Club. ITEM 2. DISCUSS AND CONSIDER FUTURE AGENDAS AND WORKSHOPS. • Review and evaluate Interim City Manager following 90 - 120 day period with Executive Coach. Will add to the April 2, 2013 Agenda. • Workshop for Wintergreen Road Project - Cedar Hill Mayor Franke has scheduled a meeting for February 21, 2013 with City Managers and Mayors to discuss; no majority support from Council for workshop with Dallas County. • Sign Ordinance Workshop as it pertains to election signs - current and old rules will be examined and placed on February 19,2013 as a discussion and consider action item. • City Council discussed having Councilmember names placed on Agenda Item Sheets. A vote was cast to leave names on sheets, 3 for, 4 against. Councilmember names will no longer be on Agenda Item Sheets. ITEM 3. REVIEW AND DISCUSS ALL AGENDA ITEMS. ITEM 1C. No discussion. ITEM2C. Chief Brown explained these were small sized SUV's for the detectives. ITEM3C. No discussion. ITEM 4C. Discussion included: need for study; survey area CItIes to keep prices even; and possibility of steep price increase if gradual increases are not done. Remove from consent items and placed in front ofItem 9. ITEM 5C. Remove from consent items and place after Item 14. Mayor Hodge will recuse herself. ITEM 6C. Discussion included: staff performing inspections versus professionals; air quality at station; asbestos study necessary; mold and moisture issues with building; and heating and air conditioning issues. Pulled from Agenda. ITEM7C. No discussion. ITEM 8C. Removed from consent items and move after Item 27. ITEM 9. No discussion. ITEM 10. No discussion. ITEM 11. Discussion included recessing into Executive Session for Item 11, 13 and 14. ITEM 12. No discussion. ITEM 13. No discussion. ITEM 14. No discussion, Mayor Hodge will recuse herself. Councilwoman Janet Harris will recuse herself as well. ITEM 15. No discussion. ITEM 16. Discussion included: additional membership levels to be added to Fees List. ITEM 17. Pulled from Agenda. ITEM 18. No discussion. ITEM 19. Pulled from Agenda. ITEM 20. Moved to Executive Session, will be added to Item 27. ITEM 21. Discussion included: City Manager should be given authority to hire coach as necessary. ITEM 22. Pulled from Agenda. ITEM 23. No discussion. ITEM 24. No discussion. ITEM 25. No discussion. ITEM 26. No discussion. ITEM 27. No discussion. The Briefing Session adjourned at 7:00 p.m. APPROVED: MAYOR ATTEST: INTERIM CITY SECRETARY CITY COUNCIL REGULAR MEETING FEBRUARY 5, 2013 A regular session of the City Council was held Tuesday, February 5, 2013 at 7:07 p.m. with a quorum present, to wit: Deborah Hodge Mayor Janet Harris Councilwoman Don Freeman Councilman Stephen Jones Councilman Leslie Thomas Councilwoman Mark Cooks Councilman Johnette Jameson Mayor Pro Tern The Invocation was provided by Finance Director Richard Summerlin. The Pledge of Allegiance and Texas Pledge were led by Interim City Secretary Angie Wade. VISITORS Duncanville High School Drama teacher Genevieve Croft invited Council, staff and citizens to attend the play 'Mask of the Beauty and the Beast'. A short presentation of the play was provided by Lauren Jameson portraying Beauty and Jalynn Anderson, who portrayed the Beast. PROCLAMATIONS Mayor Hodge presented Proclamations for the following: Black History Month - accepted by Bailey Tyler, representing the Duncanville Community Multicultural Commission. Certificate of Achievement - presented to the Finance Department; accepted by Finance Director Richard Summerlin, Assistant Finance Director Tia Pettis, Accountant Onya Penton, Accounts Payable Jill Stottlemire, Purchasing Manager Brunswick Morton, and Accountant Borhan Uddin. Property of the Month - presented to Dickey's Barbeque; accepted by owner Mark Kerr; Keep Duncanville Beautiful Vice Chairperson Barbara McComb and Board members Gale Sliger and Bobby Cutler Hill were also available for the presentation. CITIZENS PUBLIC COMMENT PERIOD. Mayor Hodge read a prepared statement regarding procedure for Citizen's Public Comment Period indicating that Councilmembers will not respond to citizen comments except for providing factual information. The following persons spoke during the Citizen's Public Comment Period. Mayor Hodge also reminded staff and citizens that the Citizens Public Comment Period is not recorded during Election Season. Jeff Burton, 810 Delphi - requested a State of the City address be given and made available to citizens; concerned over funds being spent. Patrick Harvey, 1010 Huntington - point of order was called due to naming of employee. Cindy Jones, 226 Hummingbird Lane - spoke in favor of the proposed Water Rate Study; prefers rates to be tapered rather than a steep increase. Claudia Kingston, 222 Hummingbird Lane - a concerned citizen; questioned Council on definition of accountability . Jennifer Pennebaker, 403 Dula Circle - spoke in support of agenda item 6C, engineering study for Fire Station 1; firefighter safety should be issue, not money; is staff competent to do study. Gale Sliger, 1405 S. Main - spoke in favor of City Manager running City; set policies and goals; concerned about a jump in water rates; City losing staff and volunteers; vision to move forward needed. CONSENT AGENDA Consent Agenda Item 4C was pulled from consent and moved to after item 8C; Item 5C was pulled from consent and moved to after item 14; Item 6C was pulled from the Agenda; Item 8C was moved to Executive Session. Mayor ProTem Jameson made a motion, seconded by Councilman Jones, to approve Consent Agenda Items lC - 3C, and 7C. A vote was cast, 7 in favor, 0 against. ITEM lC. Approval of minutes for meetings held on January 15, 2013; January 17, 2013; and January 17, 2013. ITEM2C. Award bid to Sam Pack's Five Star Ford, LTD in the amount of$45,954 for sport utility vehicles. ITEM 3C. Approval of an expenditure in the amount of $55,000 for annual purchase of Water and Sanitary Sewer Maintenance Supplies from Municipal Waterworks Supply, L.P. through a City of Midlothian Cooperative. ITEM 7C. Approval of TexPool Resolution Amending Authorized Representatives to include Interim City Manager Greg Contreras as an Authorized Representative for the City of Duncanville. REPORTSIRECOMMENDATIONSIREQUESTS ITEM 4C. Councilman Jones made a motion, seconded by Mayor ProTem Jameson, to award a contract with Economists.com for a water and wastewater rate and cost allocation study in the amount of $34,000. A vote was cast, 7 in favor, 0 against ITEM 9. A presentation by Jason Hughes with First Southwest was received by Council concerning the issuance and sale of "City of Duncanville, Texas, General Obligation Refunding Bonds, Series 2013". Councilwoman Thomas made a motion, seconded by Mayor ProTem Jameson, to adopt an ordinance authorizing the issuance of such bonds, establishing parameters for the sale and issuance of such bonds and delegating certain matters to authorized officials of the City. A vote was cast, 7 in favor, o against. ITEM 10. Mayor Hodge opened the Public Hearing to consider the request of Victor Bell, representing Poppa's Place Daycare, to include a Special Use Permit "SUP" to allow a Religious Institution (Church) on the Kindercare Addition, more commonly known as 707 Center Ridge Drive. Victor Bell spoke in favor of the request and commented on an agreement with the adjacent doctor's office to use parking lot in the event of overflow; feels it is not necessary and agreed to park in own lot; neighboring apartments have a gate; will be moving within 6 months to one year. James Hubener spoke against due to the off-site parking not being contiguous; seeking an SUP on top of an already existing SU permit. The pastor of the church spoke in favor of the SUP stating that the space is temporary; asked Council to please consider giving the church time to find another location. A motion was made by Mayor ProTem Jameson, seconded by Councilman Cooks to close the Public Hearing. A vote was cast, 7 in favor, 0 against. ITEM 12. A motion was made by Councilwoman Thomas to move Item 12 before Item 11. A vote was cast, 7 in favor, 0 against. Mayor Hodge opened the Public Hearing to consider the request of Robert Ramoz, representing Templo Bautista Nueva Jerusalem, to renew the existing Special Use Permit "SUP" zoning that allows a Religious Institution (Church) on Lot 2A, Block 3, Woodhaven Addition, more commonly known as 1408 North Main Street. Robert Ramoz spoke in favor and addressed rumors that church was not meeting on site; meets for service Sunday, Wednesday and Friday, asking Council to allow them to continue. Robert Heath Ramoz, Pastor of the church, spoke in favor; growing youth group; asked Council to allow them to continue using the building. Enrique Fernandez, church member, requests to be able to continue to meet as a congregation. A motion was made by Mayor ProTem Jameson, seconded by Councilman Cooks to close the public hearing. A vote was cast, 7 in favor, 0 against. City Council Recessed into Executive Session at 8:04 p.m. in compliance with Texas Government Code Section 551.071(2), seeking legal advice from the City Attorney on an agenda items listed herein: Item 11. Consider directing staff on the request of Victor Bell, representing Poppa's Place Daycare, to include a Special Use Permit "SUP" to allow a Religious Institution (Church) on the Kindercare Addition, more commonly known as 707 Center Ridge Drive. Item 13. Discuss and consider directing staff on the request of Robert Ramoz, representing Templo Bautista Nueva Jerusalem, to renew the existing Special Use Permit "SUP" zoning that allows a Religious Institution (Church) on Lot 2A, Block 3, Woodhaven Addition, more commonly known as 1408 North Main Street. Item 14. Discuss and consider directing staff on the request of Van Nguyen, representing the Maitreya Buddha Meditation Center, to amend the site plan for the existing Special Use "SU" permit to include three (3) memorial structures and two (2) future building locations on Lot 17A, Block 3, Woodhaven Replat, more commonly known as 310 East Red Bird Lane. City Council Reconvened at 9: 14 p.m. ITEM 11. A motion was made by Councilwoman Thomas, seconded by Councilman Jones to postpone Item 11. Discussion followed to include: an SUP permit already exists on property. A vote was cast, 6 in favor, 1 against (Freeman). ITEM 13. A motion was made by Councilwoman Thomas, seconded by Councilwoman Harris, to postpone Item 13. A vote was cast, 6 in favor, 1 against (Freeman). ITEM 14. Discussion included amending the Ordinance to require a screening fence to be in place prior to other buildings being built. A motion was made by Councilman Jones, seconded by Councilwoman Harris, to direct staff to prepare the Ordinance to amend the site plan for the existing Special Use "SU" permit to include three (3) memorial structures and two (2) future building locations on Lot 17A, Clock 3, Woodhaven Replat, more commonly known as 310 East Red Bird Lane and requiring a screening fence to be in place prior to any further structures being built. A vote was cast, 6 in favor, 1 against (Freeman) [Mayor Hodge recused herself for Item 5C and Item 15. Mayor ProTem Johnette Jameson moved to conduct meeting] ITEM 5C. A motion was made by Councilwoman Thomas, seconded by Mayor ProTem Jameson to approve Ordinance No. 2190 amending the Code of Ordinances, Appendix A, Zoning, and the zoning map to provide for a Specific Use ("SU") permit to include a museum on property zoned Local Retail-2 ("LR-2") on Block A, Lot 1, of Sunset Village Section 3, more commonly known as 411 East Highway 67; providing severability, repealing and savings clauses; providing a penalty of fine not to exceed two thousand ($2,000) for each and every offense; providing an effective date; and providing for the publication of the caption hereof. A vote was cast, 6 in favor, 0 against. [Councilwoman Harris recused herselj] ITEM 15. A motion was made by Councilwoman Thomas, seconded by Councilwoman Jameson to postpone Item 15. Discussion followed: Council should reconsider denying due only to it being a business owned by a Council member; has been in Duncanville for over five years. A vote was cast, 4 in favor, 1 against (Cooks). [Mayor Hodge and Councilwoman Harris returned to Council Chambers] ITEM 16. Councilwoman Thomas made a motion, second by Mayor ProTem Jameson to approve Resolution No. 20l3-020516 with amendments to include adding 'spouses' to 'Individual Resident, 6 months' and 'Individual Resident, annual'; and to also add Family Residents Membership of gym only, not to include the fitness room for $125 annually. A vote was cast, 7 in favor, 0 against. ITEM 17. Pulled from the Agenda ITEM 18. City Council received a Monthly Status Report for the Duncanville Fieldhouse from Latisha and Ricky Brice. The update included a PowerPoint presentation outlining monthly deposit totals; Ms. Brice stated they will be requesting assistance for the special events overflow in March; new procedures in place as suggested by internal auditors; issue with duplicate credit card charges; memo required for overage or shortage over $5; Finance Department is assisting; sports facility database purchased by the City is being used and does not interface with City's financial software; current barcoding system is good for checks and balances; estimated revenue versus actual figures not implemented yet; more focus on learning software; internal auditors recommended pricing out larger tournaments; Ms. Brice audits petty cash; current reports check for discrepancies; collecting outstanding balances is still an issue; reports are available for year to date finals; problem with collections due in part to staffing shortages; young unsupervised staff are not confrontational with adults in paying fees; Finance Director and Parks Director can access Fieldhouse database; all glad to see possible turnaround at the Fieldhouse; and an explanation of who hires City of Duncanville employees. ITEM 19. Pulled from Agenda. ITEM 20. Moved to Executive Session. ITEM 21. Councilman Freeman made a motion, seconded by Mayor ProTem Jameson to direct the Interim City Manager to hire a mentor/coach at his own discretion. A vote was cast, 7 in favor, 0 against. ITEM 22. Pulled from the Agenda. ITEM 23. Councilwoman Thomas made a motion, seconded by Mayor ProTem Jameson to instruct the Interim City Manager to advertise and receive proposals for prosecutor services for the Duncanville Municipal Court. A vote was cast, 7 in favor, 0 against. ITEM 24. The City Council received information from Ricky Brice concerning crime at the Duncanville Fieldhouse; cars broke into; bags stolen from gym; Police Chief Robert Brown offered recommendations to Mr. Brice; criminal issues have not been addressed in the past; March 2012 Chief Brown presented a Risk Assessment to Council; currently moving forward with implementing recommendations; security changes at tournaments; police tower has been used; Northwood provided their own security at tournaments; larger events have pricing for security built in; assistance is needed for smaller events; free-play time brings in undesirable crowds; sixteen cameras are now working and on line; six more to be repaired; installing upstairs door to limit access; Duncanville Police serve as a deterrent. ITEM 25. RECEIVE COUNCILMEMBER REPORTS Councilman Cooks - Announced that he would like to hold a Town Hall Meeting on February 18, 2013, 8 p.m. at the Duncanville Fieldhouse. Topic of discussion is the Wintergreen Road Project. Councilwoman Thomas - Reported on her trip to the TML Elected Officials Conference, February 1 - 3 and the TML Legislative Briefing on February 4. The seminars were very informational. A book was given to Interim City Manager Greg Contreras. ITEM 26. Recess into Executive Session in compliance with Texas Government Code Section: • 551.071(1) and (2), Consultation with Attorney regarding: (a) pending litigation Community Bank v. City of Duncanville, DCEDC, et al; and (b) pending litigation DCEDC v. MARA. • 551.072, Deliberation Regarding Real Property, Joe Pool Lake Water Rights Valuation Study. Council reconvened into Open Session at 12:55 a.m. [Councilman Freeman left the Council Meeting at 12:55 a.m.] ITEM 27. Item 8 and Item 20 were pulled from the Agenda. Councilwoman Thomas made a motion, seconded by Councilwoman Harris, to authorize Interim City Manager Greg Contreras to execute the assignment of the McKamie Krueger, LLP/CA Forensics contract to the City Attorney. A vote was cast, 6 in favor, 0 against. The City Council meeting adjourned at 12:58 a.m. APPROVED: MAYOR ATTEST: INTERIM CITY SECRETARY '. ORDINANCE NO. 2048 AN ORDINANCE OF THE CITY OF DUNCANVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP, AS HERETOFORE AMENDED, TO AMEND THE EXISTING "C-2" HEAVY COMMERCIAL-2 ZONING, TO GRANT A SPECIFIC USE PERMIT FOR A RELIGIOUS INSTITUTION ON PROPERTY DESCRIBED AS BEING ON THE WEST PART OF LOT 2, BLOCK 3, OF THE WOODRAVEN ADDITION, AND BEING MORE COMMONLY KNOWN AS 1408 NORTH MAIN STREET, IN THE CITY OF DUNCANVILLE, DALLAS COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING SPECIAL CONDITIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A SA VINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENAL TY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and City Council of the City of Duncanville, in compliance with state laws with reference to amending the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, the City Council is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended as provided herein; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUNCANVILLE, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Duncanville, Texas, as heretofore amended, be and the same are hereby amended to amend the existing "C-2" Heavy Commercial-2 Zoning, to grant a Specific Use Permit for a religious institution on property described as being on the west part of Lot 2, Block 3, of the Woodhaven Addition, and being more commonly known as 1408 North Main Street, in the City of Duncanville, Dallas County, Texas, and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes (the "Property"). SECTION 2. That the above-described Property shall be used only in the manner and for the purposes provided for by the Comprehensive Zoning Ordinance of the City of Duncanville, as heretofore amended, subject to the following special conditions: 1. The development and use of the Property shall be in accordance with the terms of this ordinance, the regulations set forth in the C-2 Heavy Commercial-2 zoning district, and the approved Site Plan attached hereto as Exhibit "B" and made a part hereof for all purposes. In the event of a conflict between the "C-2" zoning regulations and this ordinance, the terms of this ordinance will prevail. 2. All development, construction, improvement, renovation, repair, maintenance and use of all structures, utilities, appurtenances, facilities and improvements shall conform to and comply with all building, paving and fIre codes, accessibility requirements, and all City, State and Federal laws and regulations. 3. The Property shall be replatted prior to the issuance of a Certificate of Occupancy. 4. The minimum off-street parking shall be one (1) space for every three (3) seats in compliance with Appendix A, Article XN -D, Off-Street Parking and Loading Requirements, of the Duncanville Code of Ordinances. 5. All seating shall be fIxed seating with a maximum of thirty-six (36) seats for twelve (12) parking spaces or forty-fIve (45) seats for fifteen (15) parking spaces. 6. The property shall be landscaped in accordance with Appendix A, Article XIV-E, Landscape Requirements, of the Duncanville Code of Ordinances. 7. Tree preservation for the property shall be in accordance with Chapter 12, Article XVII, Tree Preservation, of the Duncanville Code of Ordinances. 8. The Special Use Permit is granted for a fIve (5) year period with three additional five (5) year renewal periods as outlined in Appendix A, Article XIII-B, Section 2(6) of the Comprehensive Zoning Ordinance. SECTION 3. That all provisions of the ordinances of the City of Duncanville in conflict with the provisions of this ordinance be and the same are hereby repealed and all ordinances not so in conflict shall remain in full force and effect. SECTION 4. That an offense committed before the effective date of this ordinance is governed by the prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 5. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision hereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. That any person, fIrm or corporation violating any of the provisions of this ordinance shan be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a fIne not to exceed the sum of two thousand dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 7. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. DVL y PASSED by the City Council of the City of Duncanville, Texas, on the 19th day of February, 2008. APPROVED: ATTEST: EXHIBIT "A" BEING a part of Lot 2, Block 3, Woodhaven Addition, an Addition to the City of Duncanville, Dallas County, Texas, according to the Plat thereof recorded in Volume 12, Page 287, of the Map Records of Dallas County, Texas, and being more particularly described as follows: BEGINNING at an iron rod in the East line of North Main Street (a variable R.O.W.), being the Northwest comer of said Lot 2; THENCE East, along the North line of said Lot 2, a distance of 142.00 feet to an iron rod for comer; THENCE South 00 degrees 05 minutes 10 seconds West, parallel to and a measured distance of 221.36 feet from the East line of said Lot 2, a distance of 100.00 feet to an iron rod in the South line of said Lot 2; THENCE West, along said South line, a distance of 118.74 feet to an iron rod for comer; THENCE North 01 degrees 52 minutes 35 seconds East, passing a fence comer at a distance of 3.85 feet and continuing with a fence line, a total distance of 173.88 feet to a fence comer; THENCE North 83 degrees 18 minutes 30 seconds West, passing a fence comer at a distance of 30.07 feet, a total distance of 38.70 feet to an iron rod in said East line of North Main Street; THENCE North 10 degrees 44 minutes 00 seconds East, along said East line, a distance of 79.20 feet to the PLACE OF BEGINNING and containing 14,333 square feet. Exhibit liB" N III 1lI- N j;j IS ~ a~,\/1 ie'-O \, = 11\ in ; , ~i ~ Q> III ~ k) 6 ~~ "- 1 ai K \! ,; I, - r \;', , J -: ~ • -a en I ~, " ~ ; ,0 ~__ ~.::9~1 H:JGflH:J - ! I ill ,II I tl III " ~ i~ I I L 1 L .- :=_:Q_-- -~ "-"- j& /' 0 ... ~N-~ ...."..". ClCO'- ""~C-4"~"" 1i_:;iIi,,~i!i g·u SHEA DESIGN .' ;;~~c:~:; 1ft H lit "''''-4-4:. ~ - CONSTRUCTlQ\J nI '""w .E~eM 1'PP115'f ~~ 737 S. RL Thom.", FRWY I ~i~~~;~ 1408 NOIrn1 MAIN ~ Dallas, Texas 75203 ~5Q~!i~ .. ~ Ph. ,2141946-1223 ~ILU: 1El Receive Capital Projects quarterly update. BACKGROUND OF ISSUE: Staffwill present the capital projects quarterly update. FINANCIAL IMPACT: N/A OPERATIONAL IMPACT: N/A RECOMMENDATION: No action required. 3/15/2013 1 3/15/2013 2 Agenda Item 10 Discuss and take action on CA Forensics Audit BACKGROUND OF ISSUE: FINANCIAL IMPACT: N/A OPERATIONAL IMPACT: N/A RECOMMENDATION: No action is required CA/orensics 14001 N. Dallas Parkway Suite 1200, PMB 81 Dallas, Texas 75240 caforensicsllc. com Report of Examination William W. Krueger, III, Partner McKamie Krueger, LLP 2007 N. Collins Blvd, Suite 501 Richardson, Texas 75080 Dear Mr. Krueger: RE: Main Station Duncanville, Ltd. The purpose of this document is to provide a written report of significant findings noted during the course and scope cif our examination. This report and its contents are intended solely for use by McKamie Krueger, LLP and its client, the City of Duncanville, Texas. This report and its contents are not intended for general circulation or publication, nor should it be reproduced for any purpose other than as outlined above. We do not assume any responsibility or liability for losses occasioned to one or others as a result of the circulation, publication, reproduction or use of our report contrary to the conditions of this paragraph. The validity of our report is predicated on the extent to which full, honest and complete disclosure was made by all parties. Engagement Scope We were retained to perform a fraud examination ("Work") as a result of certain concerns that had come to the attention of McKamie Krueger, LLP, and its client, the City of Duncanville, regarding Main Station Duncanville, Ltd. The nature and scope of our Work was limited to procedures requested by the Duncanville City Attorney, and included the inspection of documents and records, voluntary interviews of appropriate personnel, and other such evidence gathering procedures as deemed necessary under the circumstances. Our procedures included inspection, on a test basis, of documents and records, and involved judgment about the number of transactions examined, and the areas tested. However, because of the concept of reasonable assurance, and because we did not perform a detailed examination of all transactions, there is risk that irregularities, or illegal acts, including fraud or defalcations, may exist, and not be detected by us. Background During December 2002, the Duncanville City Council and the Duncanville Community and Economic Development Corporation ("DCEDC") voted to approve an Agreement of Limited Partnership for Main Station Duncanville, Ltd. (the "Agreement"). Days prior to its execution on April 25, 2003, the Agreement of Limited Partnership for Main Station Duncanville, Ltd. was amended by Board vote during a special meeting of the DCEDC. William W. Krueger, III Page 2 of2 Report of Examination Main Station is a privately held, closely operated partnership with its majority interest owned by Monte and Rosa Anderson (the "Andersons"). According to bank documents and loan agreements filed on the date of execution, Main Station's initial partners were the Andersons, MARA, Inc., and the DCEDC. Of particular interest, the Agreement of Limited Partnership, Article V, Section 5.1, states that at the date of execution "there are no other Partners of the Partnership, and no other Person has any right to take part in the ownership or management of the Partnership." (Exhibit "A") In addition, the Agreement of Limited Partnership, Article VI, Section 6.1, states DCEDC's obligation to make the Land Contribution "shall be conditioned upon the Company's ability to obtain the Construction Loan for the Project. The Partners agree that DCEDC shall not be required to guarantee the Construction Loan." (Exhibit "8") Findings and Conclusions Based on the results of this fraud examination, we find sufficient evidence to support the conclusion that assets in the amount of $588,893.00 were misappropriated from City of Duncanville funds, and that former DCEDC and City of Duncanville officials misappropriated these assets for the benefit of Monte and Rosa Anderson, Main Station, and Main Station's General Partner, MARA Inc. In addition, findings and conclusions noted during our previous review, and detailed in our Report of Examination dated July 16, 2012, include prohibited transactions, misappropriation, and tax fraud, and are incorporated herein by reference as Exhibit "C." Further, issues noted during examination include self-dealing, side-agreements, swap transactions, conflicts of interest, misrepresentation of fact, financial statement fraud, money laundering, and mortgage fraud. e have discussed the aforementioned findings with Duncanville City officials, and ha~e recommended this case for referral by Duncanville 9fficials to the U.S. Dep-artment of . I "stice.., /J]at the earliest possible time. Respectfully, we again make that recommendation. Sincerely, CA FORENSICS, LLC By: /s/ Columbus A. Alexander, III, CPA Certified Fraud Examiner January 28, 2013 Enclosures (3) cc: Greg Contreras, Interim City Manager City of Duncanville, Texas CONFIDENTIAL Sent By: Cheryl Engelmann; MtWiay, r80fuary 1U, ~W.;! lJ;1~ AM 214 954 9912; Feb-l0-03 4 1 THOMAS P. FINt.!IT, ~R, "7Z.233.~1;j1.l1S : aPM; Page 3/4 P.U2 THoMAS B FlNLEY, JR. ATTORNEY I!r COI,li'iSCLOR,,:r LAW fl'l~ NClljoMi bonk Bldg, 1601 N. Hampion /!Qad, Suile 295 OsSolo. T=: 15115 97H8HS511 971-163·5886 F~ Ft:bruaty 10, 2003 Main St.idiou OunciUlville, Ltd. c/o Mt, MontQ A\1dcrson. President Mara, Inc., General Par1Ix:r 180l N. Barnpton Road, SuitQ 400 peSeto, Texas 75115 Re; Xn.vostntent 0:& Lh:nited Partn.erJLoan in l'v.lilin St(l.tion, LW, By ThOnll.lS JamV$ Investments, Inc. DClIr Mr. Anderson/Partners: You bave inquired a\xlut rtty interest in Thomas JM'les Inve;stmeors, ltIC., a Tl!X8S Corporation investing in the aPove·:rererenced venture, 111111 fuo Ii'eslc1ent and a shareholdo;:r- ofThoma$ Jame. Investmvnts, Inc, I a.m also !he I.I-LtOI'ncy f6r the Limited Partnership as !clained bythtl General Parmer, Mtltlit irto. You have inquired about my interest in 1'b.omas James Invo~l!:tIts, Inc. becDffiIDg a Limited Partner and loaning money to "!he LirIDted Partnership In ~ddition to my pcrSQnaUy having perfon:ne& and perfbrmUig tho legal work fot tho Umited Partnershi(> on this project 11te shareho 1d~rs Of Thomas James Invc$nl,lni:"l Inc. Mve gilltl:!l this matter considerable thought and 'WOuld lUre tc participate in this venture. Nevertheless, 1 think It Is Important that YOIl cOll~ider tM myp.-;iliiIity nfhllving :me as director~ officer and sharflholder of ThO)1l!ls; Jumes Investments. too. and your lawyer, as a business parmer. Under rule 1.08(11.) e>ftbe Te.xns Dio¢iplinary Ru1e$ oIProfessionll1 o:mduct, It lawyer cmmot enter into a business venture with It client mtle:ss (1) the trsllQlCtlon und tetlIlS on whioh the lawyar acquires 1m intorest are fitir and reasonable to th¢ clicntj (1) these terms are fully disclosed to the client, (3) the client ii,; given a reasonable opportunity to seek: iadependY.Ut co'\lJlSeJ, lJ,lld. (4-) the client agrees in writing to the relationship. nd~ rule protects the cliem: from possible conflicts of interest that may occur if counsells. involvod in the venture. In this 1;ltS¢ lbe tenm,l and <:oodttions ofihe venfllrc we well known to you becau5~ you were the one who suggested theln. HoweVer, for purposes of clarity I will repeat them here. The terms are: 1) Thomas James Investments, Inc. will loan $10n,OOO.oO to the partnership at a rate of interest; IIlld 2) Thomas Jll!l1es Investrnenl:st Inc. -will own an in:t.erest in and become a Limited Partner in Main Station DunctlJlvi11e, Ltd. from the MOllte and RosaAndersort fut~est. AtthouglJ not r~uired by out' State Bl!!'s rules Df ethics, 1 mll~ insist tftatYOll seek ind~IldC'rrt COU1'l!eJ befbre our entry into this venture. ()PCe you COllSUlt with an attomey~ please put bis or h~r nllll'lc in. the space r have provided and . ~,.,:-:-cr- .-.~'t'~~.. Report of Examination CONFIDENTIAL Exhibit A, Page 1 Sent By: Cheryl Engelmann' Monday, February 10, 20039;15 AM 214 954 9912; Feb-10-03 4:18PM,' THOMAS p, RNLEiY, JR, 972-283-5886 Page 414 p.03 " ' .. ;', then sisn IUId return fuecopy ofthls letter to signifyyour-com:ent forme to have an it'rll.')fCSt In the venture.. Sincerely yours; leu? RJlj). 'l1umt.a:s p, Firtlcy, Jr. ' r have consulted with • end have a.vailed myself ofthet attorney's advlce. I knowingly ~ to your participation in fue v~re des¢rlbeiI on fuo terms outlined in this letter, which I b~lieve are fit1r (md reaso:ruilile. I am alsti rtquestingYQU to act as legnl counsel In thIs trfUlSactioo, with the tQni)S of the engagemeilt as t~ presently exiSt. BYl Maute Andeuoll. lf8: Presklettt Date: I hav('; WJ1.Sliltcd with and have availed myself of that attomc;y's lldvice. I knowingly sgreb to your participation in the venture described 0)1 the tet11lS outlined iu thi~ letter, which I beltvve are fak and TCllSo-nable_ I IJ):I1 a!J;a .teqllestJn.e YOU to act as legnl counsel in this trllJlSllctian. with the tenn~ of the etlgagt;mellt as they presently ~st. Duncanville COItUl!Wt\tY .And &onomic De.velopmtlrlt Corporation, a TW5 JUJn-pro:6t corpol';!Jtion By: rUt Date: I have c::oosuIted with • • and havo availed myself of fuM attorney's advice. I knowins1;t ~wee to your participntion in thevelltUte described on the WIns out1ined in this Iefu:;(, which! be1ieve ltte 1hlr and tMSOlU\bJ.e.llltll aho t'\X{uestingyou to act \lS legtU counsel in thw ttansactiM. with ~ t¢)l'l1S of the engagement as they presently exlst. ACC&PTED~ r'1 ./- /.21 ~~ J)at~ ~~n.lndIvidll~:Limited Partner ~ ~ Date: J./i~l Rosa Anilenon.1ndlV1duBI :LiI!tl~ Partner ..: ..;. ~.• .:. ".:-,7- 1 Report of Examination CONFIDENTIAL Exhibit A, Page 2 CHECKING DEPOSIT cJ IN"\!I).j. DOLLARS .~Cy CENTS ACCOUNT NUMBER COINS DATE SIGN HER~ FOR LESS CASH RECEIVED SUBTOTAL .. LESS CASH .. 3012 RECEIVED CIT'( NET DEPOSIT 39 #1 86-1669/1119 ;z'·+n&WHS"', in -f cr· Report of Examination CONFIDENTIAL Exhibit A, Page 3 . Our attorney is saying that the bank is viewing DCEDC money as additional collateral for the loan instead of an escrow. The other issue is that your money is not going in with ours according to your attorney. Also she says that your funds will go in last. As you know, this isn't what we discussed. Our funds will be escrowed and we will all pay our prorata share of each draw request. In our case 11.52 % of each draw comes from DCEDC funds which will be in an interest bearing escrow account. We can't change the deal again to accommodate the bank. We would have to go through the entire board/council thing. Vllhat is your comment. See you in AM at K&J's. Earle [ Ry: Cheryl Engelmann; 214 954 9912; Msr-21-03 2:19PM; Page 2/3 Notes for Telephone Conference Call with Kent Cagle and Earle Jones 3/21/03 1. Overview We have received documents for a $1,-500;000 Loan fmm Dank of DeSoto to the partnership, Monte Anderson and Rosa Anderson. We do not have The Bank of DeSoto loan documents contain no reference to the second Joan. There also 1s provision in the Loan Agreement that prohibits other loans withQut the Bank)s priQr written consent. 2. Assignment of Deposit Account DCEDC's contribution of $594,593 is placed in a CD account and is collateral for the Bank -----COall. We had agreed that $84,276 out of this amount was to be paid as prepai.d interest a1 the loan closing. Problems: A. Any default under loan thl:: documents (or under other loans from the Bank to the , Andersons) would be a default and Lender can take funds and apply to the Note. If Lender believes in good faith that it is insecure it can take funds. B. No provisions for withdrawal offunds from escrow for use for partnership purposes in accordance with the Partnership Agreement. Recommendation. This is not an escrow. DCEDC hac; not previously agreed to provide cash collateral for the loan. We should try to eliminate this document completely. 3. Promissory Note. One year. (Does tllis work?) Pixed Rat.e 8.5% Interest only paid quarterly (Note: loan documents as drafted are not clear that interest is to be paid only on advanced funds) COLLATERAL ASSIGNMENT OF DEPOSIT ACCOUNT - THIS COLIATERAL. ASSIGNMENT OF DEPOSIT ACCOUNT dated April 25, 2003;-is-· made and executed between. DUNCANVILLE COMMUNITY AND ECONOMIC DEVELOPMENT CORPORATION, a Texas non-profit corporation, whose address is 203 E. Wheatland Road, P.O. Box 380280, Duncanville, TX 75138-0280, Attn.: Director of Economic Development ("Grantor") and BANK OF DESOTO, N:A. ("Lender"). ASSIGNMENT. For valuable consideration, Grantor assigns and grants to Lender a security interest in the Collateral, including without limitation the deposit account described below, to secure the Indebtedness and agrees that Lender shall have the rights stated in this Agreement with respect to the Collateral, in addition to all other rights which Lender may have by law. COLLATERAL DESCRIPTION. The word "Collateral" means the following described deposit account ("Account"): CD Account Number ! 0._, _1_'.:L.h____ with Lender with an approximate balance of $500,000.00 together with (A) all additional deposits hereafter made to the Account; and (B) all renewals, replacements and substitutions for any of the foregoing. Lender acknowledges that all interest hereafter accruing on the Account is expressly excluded from the Collateral. GRANTOR'S REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE COLLATERAL. With respect to the Collateral, Grantor represents and promises to Lender that: Ownership. Grantor is the lawful owner of the Collateral free and clear of all loans, liens, encumbrances, and claims except as disclosed to and accepted by Lender in writing. Right to Grant Security Interest. Grantor has the full right, power, and authority to enter into this AgreeII1ent and to assign the Collateral to Lender. No Prior Assignment. Grantor has not previously granted a security interest in the Collateral to any other creditor. No Further Transfer. Grantor shall not sell, assign, encumber, or otherwise dispose of any of Grantor's rights in the Collateral except as provided in this Agreement. No Defaults. There are no defaults relating to the Collateral, and there are no offsets or counterclaims to the same. Grantor will do everything required of Grantor under th~ terms, conditions, promises, and agreements contained in or relating to the Collateral. Proceeds. Any and all replacement or renewal certificates, instruments, or other benefits or proceeds related to the Collateral that are received by Grantor shall be held by Grantor in trust for -Lender and immediately shall be delivered by Grantor to Lender to be held as part of the ASSIGNMENT OF DEPOSIT ACCOUNT Page 1 of 6 G:\Bank 0 (DcSmo\Main Slilliun Duncanvillc\Assignmc.nl llf Deposit Account.doc Report of Examination CONFIDENTIAL Exhibit B, Page 3 ?ropcrty. The word "Property" means all 'of Grantor's right, tiUe and interest in and to all the Property as described in the "Collateral Description" section of this Agreement. Related Documents. The words "Related Documents" mean all promissory notes, credit ,." agreements,. .10a-nagreements, environmental agreements;' guaranties, security crgteements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether /lOW or hereafter existing, executed ill connection with lhe Indebtedness (expressly excluding that certain Assignment of Life Insurance and Security Agreement of even dale herewith). GRANTOR lIAS READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS COLLATERAL ASSIGNMENT OF DEPOSIT ACCOUNT AND AGREES TO ITS TERMS. THIS AGREEMENT IS DATED April 25, 2003. . GRANTOR: 'i'J DUNCANVILLE OOMMUNITY AND ECONOMIC DEVELOPMENT CORPORATION, a Texas non-profit corporation BY:~~r~kc'.. ~ne CrawfO Fralicks, Secretary LENDER: ASSIGNMENT OF DEPOSIT ACCOUNT Page 6 of 6 O:\Hilnk nf [)c$nlo\l\bin 5ta(inn DunCilnviHc.\AS":,>ign'mdnt nrI)cposil Account.doc Report of Examination CONFIDENTIAL Exhibit B, Page 4 _ 9/6/2912 11:30:27 AM , . . .. ,. '. , . ."'- . . . . -.. , . .' ...... ' . . ... DATE 04/15/03 C1iEC~ NO. ~2035006 City of Duncanville Ba.ck Ollt, Texas, NA Controlled Disbursement Account Pcu1 Anhur, Tc;LU Dunc.nvill., 1 .... 75138 n·11O-1IJ1 83-140IIIJI VOIO AfTER 90 PAYS ~eo;:;cs::::::;;:::;:. AMOUNT OF l',I Five Hundred Thousand & 00/100********************************************* DOLLAR! I JI I' PAY TO THE $ ORDER OF ***500,000.00 I' BANK OP DESOTO .J',.HI."",.. POBOX 7777 ~k~AN~LLE Ell 2011 N HAMPTON RD \...... ,....l DESOTO TX 75115 £2~ T 't" : .. , 0 ... ·' ...... ,"DO 50000000,,1 H' ], W"3 500bll' 1:.13 W .1..,0 lot: '13 2001.1.,07011' ..' V rt:.~ ::~::?:"~~~ 1-" •.,:-. C. ,.. ::::8 :.. '_& c' . :: .. ,:;,) ,{ ...... ...... : Location Acct # OrigInal Acct # Check # Original Check # Amount Original Amount CD 9320014070 9320014070 12"035006 12035006 $500,000.00 $500,000.00 Issue Date PaId Date OrIgInal Paid Date Seguence Customer Data RfT Number 4/15/2003 4/29/2003 4/29/2003 2230452549 201 Original RfT Number GL Category CD VoIiD/CIMS Key CD Label Process Control 201 20030430511401 20030430511401 Printed using CD Viewer Application Page 1 UCC.. FINANCING STATEMENT ~; .~" FOLLOW INS1RUCllONS (front and back) CAREFULLY A. NAME & PHONE OF CONTACT AT FILER [optional] James P.Monkres,Jr. B. SEND ACKNO\\\...EDGMENT1O: (Name and Address) laankOfDeSoto, N.A. P,O, Box 7777 DeSoto, TX 75123 L THE ABOVE SPA[;E IS FOR FILING OFfiCE USE ONLY DEBTOR'S EXo.CT FU LL LEGAL NAME -lnsBrl only Or'<> doblor /1IlT1Q (1. Dr lbl- 00 not lIbbrovlllle or C011\bl,.,. ""m .. 10. ORGANIZATION'S NAME DUNCANVllLECOMMUNITYAND ECONOMIC DEVElOPMENT CORPORATION, a Texas non-profit corporation OR lb, INDIVIDUAl! S LAST NAME FIRST NAME MlDDlENAME SUFFIX le. MAILING ADDRESS CITY STATE IPOSTAL CODE GDUNTRY 203 E. Wheatland Road, P.O. Box 380280 Duncanville TX 75138-0280 DSA lQ, SEEIN§IR!.!CIIQJi§! IADD'L INFO RE 118, TYPE OF ORGANIZAtiON 1r. JURISDICnON OF ORGANIZATION lQ,ORGANIZAilONALI.D:tI,irrny ORClANIZATION 1 DSlTOR tJ NONE , 1 .1 2. ADDlll0NAL DEBTORS E;Xo\CT FULL LEGAL NAME -Inoort only 0"" doblorn OR .2b.INOIVlDUAL'S LAST NAME FIRSiNAM. MIPDLENAME SUFFIX 20, M AIUNG; ADDRESS CITY STATE IPOSTAL COD. COUNTRY 2d.~~I~~UCTIQN~ IfDD'L INFO Re 128. TYPE OF ORGANIZATION ~,JURISDICTION OF ORGANIZATION 29, OR(;ANIZATIONAL I,D, If, II any ORGiANIZATION 1 DE8TO~ . NONE , I 1 o 3 SECURED PA R1Y S NAMt:: (or NAM ~ of TO'rALASSIGNj;E Of ASSIGNOR SIP) • In.art only ~ ,or;urod pllfly n""" (:I<, or ,bl 3", ORGANIZATION'S NAME Bank of DeSoto, N.A. OR ap, INDIVIDUA~S LAST NAME FIRST NAME MIOOLENAM5 SUFFIX 3c.IMILING ADDRESS CIIY SlATE IPOSTAL CODE COUNTRY p,O, Box 7777 DeSoto TX 75123 USA 4, Tnls FINANCING $TATEM ENT covers 1'10 (01lowln9 coll"'erBi! Bank of DeSoto, NA. Certillcate ofDeposir No. 10 112 in the principal sum of$500,OOO,00, 5. ALTeRNATIVEDSSIGNATION [If''Pf'lI,,,,llIet 0 LgSSEEILESSOR' 0 CONSIGNSEICONSIGNOil o SEWER/BUYER 0 AG. LIEN 0 NON-Uee FILING 5, 8. ProDoc®, by ProD"". Ire. ICKNO\\\...EDGr.9IT COf>Y ··!JCC FINANCING STATEMENT (FORM UCC1) (REV. 05122102) BIZ corQM1\o Blvd., UIVvs,"1 City. IX 7Bl4S032ze Report'of Examination CONFIDENTIAL Exhibit B, Page 6 CAjorensics 14001 N. Dallas Parkway Suite 1200, PMB 81 Dallas, Texas 75240 caforensics II c.co m July 16, 2012 Julie Fort, City Attorney City of Duncanville, Texas McKamie Krueger, LLP 2007 N. Collins Blvd, Suite 501 Richardson, Texas 75080 Dear Ms. Fort: RE: Main Station Duncanville, Ltd. The purpose of this document is to provide a written report of significant findings noted during the course and scope of our examination. This report and its contents are intended solely for use by your firm and by you in your role as City Attorney for the City of Duncanville, Texas. This report and its contents are not intended for general circulation or publication, nor should it be reproduced for any purpose other than as outlined above. We do not assume any responsibility or liability for losses occasioned to one or others as a result of the circulation, publication, reproduction or use of our report contrary to the conditions of this paragraph. The validity of our report is predicated on the extent to which full, honest and complete disclosure was made by all parties. Engagement Scope We were retained to perform a forensic accounting of the books and records of Main Station Duncanville, Ltd. ("Work") as a result of certain matters that came to your attention in your role as City Attorney for the City of Duncanville, Texas. The nature and scope of our Work was limited to procedures requested by your firm, and included the inspection of documents and records, voluntary interviews of appropriate personnel, and other such evidence gathering procedures as deemed necessary under the circumstances. Our procedures included inspection, on a test basis, of documents and records, and involved judgment about the number of transactions examined and the areas tested. However, because of the concept of reasonable assurance, and because we did not perform a detailed examination of all transactions, there is risk that irregularities, or illegal acts, including fraud or defalcations, may exist and not be detected by us. Background On December 11, 2002, the Duncanville Community and Economic Development Corporation Board approved the Agreement of Limited Partnership for Main Station Duncanville, Ltd. (the "Agreement"). Executed by and between the parties on April 25, 2003, the Agreement established the Main Station Partnership for the purpose of acquiring land, improving the land by construction in accordance with approved plans, borrowing money for the construction and development of the project, and to lease and manage the real property. Report of Examination Exhibit C Julie Fort, City Attorney Page 2 of 5 Main Station Duncanville, Ltd. The Main Station Partnership ("Main Station") is privately held, and closely operated with its majority interest owned by Monte and Rosa Anderson (collectively, the "Andersons"). The Andersons also actively serve as Main Station's General Partner ("Management"), where they exercise sole authority for contracting, financing and directing Main Station's business affairs. Main Station's Management has also exercised similar authority and held similar roles in other businesses to include but not limited to the following: 1. 2RM, Inc. 2. Main Station Fine Wine & Beer, LLC 3. CRCM Beverage LLC 4. AO Options, LLC 5. Balmara, Inc. 6. Belmont Villas, LLC 7. Belt-Line Polk Desoto, Ltd. 8. Bishop Fire, Ltd. 9. Brookhol!ow, Ltd. 10. Dilbeck Court, Ltd. 11. Dilbeck GP, Inc. 12. Jefferson/O.C., Ltd. 13. MA Group, Inc. 14. Main Commons Duncanville, Ltd. 15. Main Station RR Flats, LLC 16. MARA, Inc. 17. Midtown Midlothian, LLC 18. North Zang Development, Ltd. 19. Options Holding, Ltd. 20. Options Property Management, Inc. 21. Options Real Estate Development, LLC 22. Options Real Estate Investments, Inc. 23. Texarkana Star Real Estate, Inc. 24. Thorntree Townhomes, Ltd. 25. Trinidad Property Management 26. Trinity River Acquisition, Ltd. 27. Urban Hotel Management, Inc. Main Station's Agreement states the Partnership shall be operated and managed by the General Partner to the best of its ability, in a careful and prudent manner, and in accordance with good industry practice and consistent with its fiduciary duty to the Limited Partners. The Agreement further states the General Partner shall maintain correct and complete books and records of account of the Partnership, and except as expressly provided by Agreement, the General Partner and its affiliates shall not be entitled to compensation from the Partnership. Main Station Agreement, Section 9.5 The Agreement of Limited Partnership for Main Station Duncanville, Ltd., Section 9.5, states the General Partner shall make available at the end of each fiscal quarter, a current financial statement of the Andersons, prepared by a Certified Public Accountant, and certified by Monte and Rosa Anderson as true and correct. CONFIDENTIAL Report of Examination Exhibit C Julie Fort, City Attorney Page 3 of 5 Main Station Duncanville, Ltd. Determined during examination and confirmed by Main Station's General Partner, at no time since Main Station inception have the Andersons produced quarterly financial statements as required, contrary to the Main Station Agreement. Main Station Agreement, Section 9.2 The Agreement of Limited Partnership for Main Station Duncanville, Ltd., Section 9.2, states the General Partner shall maintain correct and complete books and records of account of the Partnership. Main Station's books are not prepared in accordance with Generally Accepted Accounting Principles, were found to contain a number of errors, some considered materially adverse as discussed below, and appear generally unreliable, contrary to the Main Station Agreement. Main Station Agreement, Section 10.4 The Agreement of Limited Partnership for Main Station Duncanville, Ltd., Section 1OA, states the business of the Partnership shall be operated and managed by the General Partner to the best of its ability, in a careful and prudent manner, in accordance with good industry practice, and consistent with the General Partner's fiduciary duty to the Partnership. On November 3, 2000, Management entered into an Agreement for the formation of 2RM, Inc. a Texas corporation with Monte Anderson as Registered Agent, and Directors listed as Monte and Rosa Anderson, Richard Keeler, Rufugio Bahena, and Dan Grounds. Of interest, Director Dan Grounds also serves as President and owner of Metropolitan Construction. On January 31, 2003, groundbreaking began for Main Station construction with an original contract sum of $1,874,818.00. Determined during examination and confirmed by the Andersons, Metropolitan Construction was awarded the role as Main Station's General Contractor without competitive bid, and without full written disclosure to Main Station's Partners regarding the Anderson's outside business activities and interests with Metropolitan Construction's owner, Mr. Dan Grounds. In addition, during calendar 2003, the Andersons conveyed a 3.75% interest in Main Station to Metropolitan Construction in exchange presumably for monies borrowed by the Andersons then deposited into Main Station's account, effectively making Metropolitan Construction Main Station's General Contractor, without competitive bid, a source of funding for Main Station's development albeit indirect, and a Main Station Limited Partner. The Andersons, as Limited Partners, also failed to file with the Partnership a written and dated instrument of their conveyance to Metropolitan Construction, contrary to Main Station Agreement, Section 11.2. Main Station Agreement, Section 5.2 The Agreement of Limited Partnership for Main Station Duncanville, Ltd., Section 5.2 states Monte and Rosa Anderson shall not convey, in the aggregate, more than eighteen percent (18%) of the total outstanding interests in the Partnership without the unanimous consent of the partners. CONFIDENTIAL Report of Examination Exhibit C Julie Fort, City Attorney Page 4 of 5 Main Station Duncanville, Ltd. On August 5, 2009, the Andersons executed an Assignment of Interest in Limited Partnership conveying thirty-two percent (32%) of Main Station's Partnership, without unanimous approval by the existing Partners, and for consideration, in part, other than cash, contrary to the Main Station Agreement. Payments to Affiliates, Misappropriation The Agreement of Limited Partnership for Main Station Duncanville, Ltd., Section 11.9 states it is agreed the Partnership will enter into a Management Agreement ("Management Fees") with Trinidad Property Management, an Affiliate of the General Partner, and a Leasing Agreement ("Leasing Fees") with Options Real Estate Investments, Inc., an Affiliate of the General Partner, for the management and leasing of the project. The General Partner shall not enter into any other agreements with its Affiliates without the approval of the Partners. In addition, the Main Station Agreement, Section 10.5, states except as otherwise provided by the Main Station Agreement, the General Partner and its Affiliates shall not be entitled to receive compensation from the Partnership. During the period from January 24, 2003, through July 17, 2008, Main Station's General Partner made payments to Affiliates totaling $90,887.24, for Construction Development ("Construction Development Fees"), contrary to the Main Station Agreement. In addition, during the period from February 20, 2004, through July 2, 2007, Main Station's General Partner made payments to an Affiliate totaling $16,860.00, for Design Services ("Design Service Fees"), contrary to the Main Station Agreement. Tri-Party Agreement, Misappropriation The Main Station Agreement states the Construction Loan to the Partnership will be comprised of two loans with the first loan from the Bank of Desoto ("Bank Loan") in an amount not less than $1,500,000, and the second loan from Options Real Estate Investments, Inc. in an amount not to exceed $500,000. On April 25, 2003, agreements for both the first and second loans were executed with the second loan becoming the so called Tri-Party Agreement ("Options Loan"). Parties to the Options Loan include Main Station, Monte and Rosa Anderson, Options Real Estate Investments, Inc., and the Bank of Desoto. Further, the Options Loan states the parties agree the anticipated Permanent Loan will be applied first, to pay the outstanding principle and all accrued interest on the Bank Loan and, second, to pay the outstanding principle and all accrued interest on the Options Loan. On or about April 15, 2004, the anticipated Permanent Loan was executed with a principle amount of $1.875 million, with proceeds from the Permanent Loan applied to the Bank Loan, the first of two construction loans, as agreed. However, the General Partner failed to use the remaining proceeds from the Permanent Loan to repay the Options Loan, the second of two construction loans, contrary to the Options Loan Agreement. CONFIDENTIAL Report of Examination Exhibit C Julie Fort, City Attorney Page 5 of 5 Main Station Duncanville, Ltd. Main Station Agreement, Section 9.5 The Agreement of Limited Partnership for Main Station Duncanville, Ltd., Section 9.5 states the General Partner shall report to the Limited Partners any significant development which materially, adversely affects the Partnership as soon as practical following the occurrence of such development. On August 1, 2008, Main Station's General Partner issued a Promissory Note (the "Note") regarding the unpaid Options Loan, the second of two construction loans, discussed above. While curious in both amount and execution, the Note bears an interest rate of 8.5%, calls for an additional fifteen (15%) of the principle and interest as attorney fees if placed in the hands of an attorney for collection, or if collected by suite, or though probate, bankruptcy or other court proceedings, and is payable upon demand. The unpaid Options Loan, the second of two construction loans, is currently recorded on Main Station's books in the amount of $371,185.38. During our examination, we determined the unpaid Options Loan in the amount recorded on Main Station's books is principle only, and does not include the accrued interest at 8.5% per annum, payable on demand, not recorded on Main Station's books, not disclosed with Main Station's financials, and believed to now approximate $292,660.35 in unrecorded liability. Discussed at length with Main Station's General Partner and its Certified Public Accountant, Manning & Associates, P.C., it appears the failure to record this significant and materially adverse event on Main Station's financials was not an oversight, but by design, and for tax liability reasons unrelated to the Partnership. Sincerely, CA FORENSICS, LLC By: /s/ Columbus A. Alexander, III, CPA Certified Fraud Examiner CONFIDENTIAL Report of Examination Exhibit C Agenda Item 11 Receive Councilmember Reports. Councilmembers will have an opportunity to report on any item of concern to them. No formal action can be taken on items presented in any of these reports until a formal action item is placed on the agenda. Continued caution during this portion of the meeting is recommended. As a reminder, the time limit is 3 minutes per Councilmember. Note: As a reminder, the Councilmember Report period is not televised during Elections Season Agenda Item 12 Recess Regular Council Meeting and Call to Order Joint Meeting with the DCEDC (Duncanville Community and Economic Development Corporation) Board A. Recess into Executive Session in compliance with Texas Government Code: Section 551.071; Consult with City Attorney regarding 1. Pending litigation on: (a) DCEDC v. MARA; (b) Community Bank v. City ofDuncanville et al. B. Reconvene into Regular Open Session and discuss any item and/or take any action necessary as a result of the Executive Session. Agenda Item 13 Adjourn Joint Meeting with the DCEDC and Reconvene Regular meeting of the Council. Agenda Item 14 Recess into Executive Session in compliance with Texas Government Code: Section 551.071; Consult with City Attorney regarding 1. Pending litigation on: (a) Paul Ford v. City ofDuncanville et al; (b) Carlson settlement. Section 551.074; Personnel 2. Discuss Prosecutor Services for Municipal Court Agenda Item 15 Consider any action necessary pursuant to discussion in Executive Session.