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Agenda PacketEms 1121410-MVINN 41 mcsj 5�- =,MeMt�q 1 41 'j 5 at 5:30 p.m. on Monday, September 13, 2021. The meeting will be held at the City Council Chamber, 107 E. Kaufman Street, in Paris, Texas. Due to the CoVID outbreak, jacemasks are encouragedfor those in attendance of the meeting in the City Council Chamber. Due to e iandemic cii iJ -nav be laitmi AIAVC7-�i NO 11 No N, IN 1111NO 61 Opening Agenda mm, 1EMMff --MM Me INOW mo anzmm��� (Persons desiring to address the Council must limit their presentation to no more than two minutes. Unless zn item is posted on the Agenda, the Texas Open Meetings Act prohibits the Council from responding to any comments other than to refer the matter to a future agenda, to an existing policy, or to a staff person with specific factual information. Claims against the City, Council Members, or employees, as well as individual 1-.sersonal appeals are not appropriate for citizens' forum.) If necessary, the City Council may convene into Executive Session under Chapter 551 of the Texas Government Code regarding any item on this agenda. 9W.7414351=040 IN Consent Agenda to all items appearing on the Consent Agenda. A Council Member may request any item to be removed from the Consent Agenda and considered as a separate item. Tiff"WeIRM "o-mmm a. Housing Authority of the City of Paris (6-15-2021) b. Airport Advisory Board (6-17-2021) c. Paris Economic Development Corporation (7-20-2021) d. Paris Library Advisory Board (8-18-2021) e. Planning & Zoning Commission (8-2-2021) 7. Approve the Professional Services Agreement with Hayter Engineering for Taxiway Design in the amount of $15,820.00; and authorize the City Manager to execute all necessary documents. 8. Extend the Families First Coronavirus Relief Act (FFCRA) Co-Vid-19 Sick Leave Program to December 31, 2021, retroactive start to July 1, 2021. 9. Approve a Resolution approving an Inter -Local Agreement between the City of Paris and the Lamar County, Texas regarding a combined task force as the Northeast Auto Theft Task Force. 10. Approve a Resolution approving a Lease Agreement with the Archers for Christ for lease of certain property around Lake Crook. Regular Agenda 11. Conduct a public hearing on the City's proposed tax rate for 2021-2022. 12. Conduct a public hearing on the City Manager's proposed budget for fiscal year 2021- 2022. 13. Discuss and act on an Ordinance adopting a budget for the ensuing fiscal period beginning October 1, 2021 and ending September 30, 2022. 14. Discuss and act on an Ordinance authorizing the issuance of a solid waste collection permit to Sanitation Solutions. (Pursuant to Sec. 12.04.42(d) of the Code of Ordinances, passage of this ordinance requires five affirmative votes) 15. Discuss and act on an Ordinance authorizing the issuance of a solid waste collection permit to Richard Mark Boswell, Jr. d/b/a Dumpster Drop, LLC. (Pursuant to See. 12.04.42(d) of the Code of Ordinances, passage of this ordinance requires five affirmative votes) 16. Discuss and act on an Ordinance authorizing the issuance of a solid waste collection permit to Nelson and Tanna Stoll d/b/a Countryside Disposal, LLC. (Pursuant to See. 12.04.42(d) of the Code of Ordinances, passage of this ordinance requires five affirmative votes) 17. Discuss and act on an Ordinance authorizing the issuance of a solid waste collection permit to JOTS Rentals, LLC. (Pursuant to See. 12.04.42(d) of the Code of Ordinances, passage of this ordinance requires five affirmative votes) 18. Discuss and act on an Ordinance authorizing the issuance of a solid waste collection permit to Raymond Tabor d/b/a Big R's Roll Off Service. (Pursuant to Sec. 12.04.42(d) of the Code of Ordinances, passage of this ordinance requires five affirmative votes) 19. Discuss and act on renewing the Landfill Services Agreement with Waste Connections, Inc. 20. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. 21. Adjournment. Certification that the above notice of meeting was posted on the bulletin board in the City Hall Annex, 150 First 'aris I�xas and on the City's website at www.paristexas.gov, no later than 5:30 p.m. on September Deputy City Special Accommodations This facility is wheelchair accessible and accessible parking spaces are available. Requests for special accommodations or interpretive services must be made forty-eight (48) hours prior to this meeting. Please contact Skylar Unger at (903) 784-9291 or sunger@paristexas.gov for assistance. Item No. 5 MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS August 23, 2021 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, August 23, 2021, at the City Council Chamber, 107 E. Kaufinan, Paris, Texas. 1. 2. 3. Q Present: Mayor: Mayor Pro -Tem: Council Members: City Staff: Call meeting to order. Mayor Portugal called the meeting to Paula Portugal Reginald Hughes Renae Stone; Gary Savage; Mihir Pankaj; Linda Knox; and Clayton Pilgrim Grayson Path, City Manager; Stephanie Harris, City Attornev. Janice Ellis Citv ,Clerk;: Gene ;Anderson, sell Thrasher, EMS Director; 'Thomas Fire Chief; M.A. Smith, Public Works ndrew Mack, Director of Planning & r Services; Clyde Crews, Fire Marshal Finance Director Gene Anderson gave the invocation. Pledge of Allegiance. Mayor Pro -Tem Hughes led the pledge. A. Proclamation Declaring 9/11 as a Day of Prayer and Remembrance. Mayor Portugal said after she read the proclamation she would like for Assistant Chief Tuttle, EMS Director Russell Thrasher and Chief McMonigle to meet her and Mayor Pro -Tem Hughes in front so they could present the proclamation to their teams. Mayor Portugal said that Mayor Pro -Tem Hughes was on shore leave from the Navy in Massachusetts on that day, and got back to his ship in Virginia. She also said he went through New York City knowing that our country would soon be at war. Following the reading of the proclamation, Mayor Portugal and Mayor Pro -Tem Hughes presented the proclamation to Assistant Chief Tuttle, EMS Director Russell Thrasher and Chief McMonagle. Regular Council Meeting August 23, 2021 Page 2 B. Proclamation Raising Awareness of Pitt -Hopkins Syndrome. Mayor Portugal read the proclamation and presented it to Mr. & Mrs. Spencer, along with their son Jose. C. Proclamation Recognizing Lee Ann Hampton as Pharmacist of the Year. Mayor Portugal read the proclamation and presented it to Dr. Lee Ann Hampton. D. Citizens' forum. James O'Bryan, 3350 Bonham — he said the resolution passed regarding the Charter Review Committee was a constitutional issue because it prohibited former council members from serving on the Committee. 477 Dogwood Circle, was receiving grid asked for Mayor Portugal inquired o consent agenda for discussion. Th made by Council Member Savage' ayes - 0 nays. 5. Approve minutes from the 2021. Council Members re being none, a n , Texas — ncil to col wished to pull any items from the to approve the consent agenda was Member Pilgrim. Motion carried, 7 eetings of July 26, 2021, 9, 2021, and August 12, 6. Receive reports and/or minutes from the following boards and commissions: a. Main Street Advisory Board (7-13-3021) b. Historic Preservation Commission (7-26-2021) c. Paris Public Library Advisory Board (7-21-2021) 7. Receive July monthly financial report. 8. Receive July drainage report. 9. Receive demolition and code enforcement activity reports. 10. Approve a Professional Services Agreement between the City of Paris, Texas and the Texas Property Assessed Clean Energy Authority, and authorize the City Manager to execute same. Regular Council Meeting August 23, 2021 Page 3 11. Approve RESOLUTION NO. 2021-025: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING AN INTERLOCAL AGREEMENT FOR E9-1-1 SERVICE AND PSAP EQUIPMENT BETWEEN THE CITY OF PARIS AND ARK-TEX COUNCIL OF GOVERNMENTS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. 12. Approve the Final Plat of Lot 1, Block A of the Striker Addition CB 296, LCAD Property ID 18566, located at 3415 Lamar Ave. 13. Approve the Final Plat of Lots 1-12, Block 188 of the J.C. Miles Subdivision, LCAD Property ID 17005, located at 1415 S.E. 6th Street. 14. Approve RESOLUTION NO. 2021-026: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ,PARIS, TEXAS, FORGIVING CERTAIN CIVIL PENALTIES 'ASSESSED AGAINST THE PROPERTY LOCATED AT 347 BONAM STREET; FINDING A PUBLIC PURPOSE IN SUPPORT OF SAME; MAKING °!OTHER FINDINGS AND PROVISIONS RELATEDTO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Regular Agenda 15. - . Discuss, conduct a public hearing and act on ORDINANCE NO. 2021-025: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING THE CITY OF PARIS CODE OF ORDINANCES BY AMENDING ARTICLE 5, "BUSINESS REGULATIONS," ARTICLE 5.07, "FOOD ESTABLISHMENTS," DIVISION 4 "MOBILE FOOD UNITS AND FOOD TRUCK PARKS"; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mayor Portugal asked for a Motion to remove this item from the table. A Motion to remove the item from the table was made by Council Member Knox and seconded by Council Member Pilgrim. Motion carried, 7 ayes — 0 nays. Planning Director Andrew Mack explained that staff conducted two sessions with Mobile Food Unit Vendors and as a result, three additional changes were made to the ordinance. Mr. Mack said changes were 1) those units could remain in place overnight provided the land or business owner provided written permission and the food truck was being operated on a daily basis; 2) all mobile food units could operate on a residential yard for a private home catering event provided written permission was obtained from all residents within 50 feet of the mobile food unit placement in the yard; and 3) allowing of temporary signage to be detached from the food truck only when the unit was open for business. Regular Council Meeting August 23, 2021 Page 4 Mayor Portugal asked for anyone wishing to speak in support or opposition of this item to come forward. With no one speaking, Mayor Portugal closed the public hearing. A Motion to approve this item was made by Council Member Pankaj and seconded by Mayor Pro -Tem Hughes. Motion carried, 7 ayes — 0 nays. 16. Discuss, conduct a public hearing, and act on ORDINANCE NO. 2021-026: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS, AS HERETOFORE AMENDED, SO AS TO REZONE CITY OF PARIS BLOCK 4 LOT 7A AND ALL OF BLOCK 8, LOCATED AT 2023 CULBERTSON STREET, FROM A ONE -FAMILY DWELLING DISTRICT NO. 2 (SF -2) TO A MULTIPLE - FAMILY DWELLING DISTRICT NO. 1 (MF -1); DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN; EFFECTIVE DATE. Planning Director Andrew Mack explained that Mr. Reep had substantially changed the property with improvements, and that the Planning & Zoning Commission voted unanim, usly to approve the zoning change request. Mayor Portugal asked for anyone wishing to speak in support or opposition of this item to come forward. With no one speaking, Mayor Portugal dosed the public hearing. A Motion to approve this item was made by Council Member Pankaj and seconded by Council Member Savage. Motion carried, 7 ayes — 0 nays. 17. Discuss, conduct a public hearing, and act on ORDINANCE NO. 2021-027: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS, AS HERETOFORE AMENDED, SO AS TO CONSIDER AND TAKE ACTION REGARDING THE PETITION OF THE CITY OF PARIS, TEXAS FOR A ZONING MAP AMENDMENT FROM A MULTI -FAMILY DWELLING DISTRICT NO. 1 (MF - 1) TO A ONE -FAMILY DWELLING DISTRICT NO. 2 (SF -2), FOR THE BROWNWOOD ADDITION, PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Planning Director Andrew Mack explained this item was being returned to City Council after the Planning & Zoning Commission unanimously recommended approval of the amendment from MF -1 to SF -2. Mayor Portugal asked for anyone wishing to speak in support or opposition of this item to come forward. Richard Thompson, 3206 Bonham, he asked if Council knew it took a majority to change this. He said the subdivision had restrictions and this did not need to be changed. With no one else speaking, Mayor Portugal closed the public hearing. Regular Council Meeting August 23, 2021 Page 5 A Motion to approve this item was made by Council Member Pilgrim and seconded by Council Member Savage. Motion carried, 7 ayes — 0 nays. 18. Discuss and appoint members to the Charter Review Commission. City Manager Grayson Path said at the City Council meeting of August 9, 2021, that they approved an Ordinance determining a need for a formal review of the City's Charter that included qualifications of Commission Members and the selection of fifteen members. Council Members made appointments as follows: Council Member Stone appointed Brenda Cherry Council Member Savage appointed Taisley Scroggins Mayor Pro -Tem Hughes appointed Stacy Laddell Mayor Portugal appointed Reeves Hayter Council Member Pankaj appointed Linda Kapp Council Member Knox appointed Matthew Coyle Council Member Pilgrim appointed Lydia Fitzgerald Council Member Stone appointed Mickey Allen Council Member Savage appointed David House Mayor Pro -Tem Hughes appointed James Mitchell Mayor Portugal appointed. Connie Dodd Council Member Pankaj appointed Chad Lindsey Council Member Knox appointed Joan Moore Council Member Pilgrim appointed Jessica Holtman Mayor Portugal & Mayor Pro -Tem Hughes jointly appointed Alix Putnam Mayor Portugal said out of these members, they needed to select a chairperson. Council Member Pilgrim made a Motion to nominate Alix Putnam and Council Member Pankaj seconded the Motion. Mayor Portugal asked if there were any other nominations. There being none, Mayor Portugal called for a vote to appoint Alix Putnam as the chairperson of the Commission. Motion carried, 7 ayes — 0 nays. Council Member Savage inquired what happens if someone falls off for a reason, such as illness, job or for whatever reason and cannot serve. He asked about the process for filling a vacant position and inquired if they should point alternates. Ms. Harris said she conferred with the consultant Mr. Edmonds and he said generally they were not filled but that was up to the Council's discretion. Council Member Savage asked the City Council what they thought. Council Member Pilgrim said he was ok with two alternates. Mayor Portugal inquired if City Council wanted to name alternates tonight or wait until their next meeting. Council Member Savage said he would prefer to appoint alternates tonight, because the alternates would be able to attend the meetings from the beginning and not have to play catch up. He asked Ms. Harris if it was legal to do that and Ms. Harris said it was not illegal to do that. Mayor Portugal asked if any Council Members had contacted a third person they may want to nominate as an alternate. Council Member Savage said he would like to nominate Kenneth Webb. Mayor Pro -Tem Hughes said he would like to nominate Syble Bills. Mayor Portugal asked if there were any Regular Council Meeting August 23, 2021 Page 6 other nominations. Council Member Pankaj said if they got to a point that they needed another member that Randy Hider was willing to serve. It was a consensus of the City Council that Kenneth Webb and Syble Bills were appointed as alternate Commission Members. 19. Discuss and re -affirm that the City Council of the City of Paris will follow State Laws, and not mandate masking and vaccinations related to the CoVid-19. Council Member Pilgrim said he was not arguing for or against masks or vaccines but wanted to make sure they followed State Law. He also said Governor Abbott said he was not mandating facemasks or vaccines. Council Member Pilgrim said several business owners contacted him because there was a push behind the scenes for government entities to go against the State Law. Council Member Savage asked if the City had any plans to mandate masks or vaccines, and Council Member Pilgrim said not to his knowledge. Council Member Pilgrim said several cities had gone against State Law by mandating masks. Council Member Savage said the Governor issues mandates and when he saw this item on the agenda, he felt like that was starting a fire and :thev, had no control over what other entities did. Council Member Mune said xvth regard to mandating masks,kids had a right to be protected. Mayor Portugal read the Oath of Office that was taken by each Council Member and said she did not feel that anyone of them would go against State Law, Council Member Pilgrimagreed, and said he just did not want them to get in a predici inent. Council Member Pankaj said his concern' was health and sat"ely and if the hospital lost resources, they would need hetp:' City Attorney Stephanie Harris said they were getting off the agenda topic but could place an item on a future agenda, 20. Discuss and act on the fiscal; year 2021-22 Annual Program of Work and Budgets for Love Civic Center and the Visitors & Convention Council. :Lamar County Chamber of Commerce President Paul Allen presented the Love Civic Center and the Visitors & Convention Council budgets and annual programs of work. (See Attachment A) Mr. Allen said the VC&C budget included pulling $50,000.00 from reserves as they had done for the last two years. He said they did not need it the last two years but it would be there if needed for a special event. Council Member Pankaj expressed his appreciation for Mr. Allen's conservativeness and said he was good with pulling $50,000.00 from reserves. A Motion to approve this item was made by Council Member Pankaj and seconded by Council Member Savage. Motion carried, 7 ayes — 0 nays. 21. Discuss and provide direction on any necessary edits to the proposed budget for fiscal year 2021-2022. City Manager Grayson Path said City Council had heard budget presentations at the August 9 City Council Meeting and the August 12 budget workshop. He asked City Council if they had any additional questions or if they had any edits. Council Member Pilgrim said all of his questions were answered at the budget workshop. Council Member Pankaj said he appreciated the details that Mr. Path included in his presentation. It was a consensus of the City Council to move forward with the proposed budget. Regular Council Meeting August 23, 2021 Page 7 22. Discuss and act on RESOLUTION NO. 2021-027: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, CALLING A PUBLIC HEARING FOR SEPTEMBER 13, 2021, ON THE CITY MANAGER'S PROPOSED BUDGET FOR FISCAL YEAR 2021-2022; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Finance Director Gene Anderson explained that Section 50 of the City Charter and Section 102.006 of the Local Government Code required a public hearing on the proposed City budget. He said staff recommended approval of the Resolution calling a public hearing for September 13, 2021. A Motion to approve this item was made by Council Member Pankaj and seconded by Council Member Savage. Motion carried, 7 ayes — 0 nays. 23. Discuss and act on RESOLUTION NO. 2021-028: A RESOLUTIONOF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, CALLING A PUBLIC HEARING TO RECEIVE PUBLIC COMMENT ON THE CITY'S PROPOSED PROPERTY TAX RATE FOR FISCAL YEAR 2021-2022;' MAKING OTHER FINDINGS' AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Mr. Anderson said Chapter 26 of the, Texas Tax Code required a public hearing on the proposed City tax rate. He said staff recommended approval of the Resolution calling a public hearing for September 13, 2021. A Motion to approve this item was made by Council Member Savage and seconded by Council Member Pankaj. Motion carried, 7 ayes — 0 nays. 24. Discuss and act in support of the proposed tax rate prior to public hearing on same. Mr. Anderson explained the State Comptroller had development seven different versions of the form "Notice of Public Hearing on Tax Increase," and cities determined which form to use based on the proposed tax rate, no -new tax rate and voter approval tax rate related to each other. Mr. Anderson said for the upcoming fiscal year, the City must use State Comptroller Form 50- 876 when publishing the Notice of Public Hearing on Tax Increase. He also said the form included a record vote by Council Members indicating their support or opposition to the Proposed Tax Rate but was not a vote to adopt the tax rate. Mr. Anderson explained that vote would probably occur at a special meeting on September 14. A Motion to use Form 50-876 was made by Council Member Pankaj and seconded by Council Members Pilgrim and Knox. Motion carried, 7 ayes — 0 nays. 25. Receive an update on Package 4 of the 2013 Bond Fund Water Sanitary Sewer Replacement Project. Regular Council Meeting August 23, 2021 Page 8 Mr. Path said that Public Works Director Michael Smith would give them an update on the project followed by an executive session. Mr. Smith gave City Council an update on Package 4 of the 2013 Bond Fund Water & Sanitary Sewer Replacement Project. (See Attachment B) 26. Convene into Executive Session pursuant to Section 551.071 of the Texas Government Code, Consultation with Attorney, to receive legal advice from the City Attorney about (1) pending or contemplated litigation and/or (2) on matters in which the duty of an attorney to her client under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with this chapter, to -wit: Package 4 of the 2013 Bond Water & Sanitary Sewer Replacement Project. Mayor Portugal convened City Council into executive session at 6:45 p.m. 27. Reconvene into Open Session and possibly take action on these 'matters discussed in Executive Session. Mayor Portugal reconvened, City Council into open session at 7:06 p.m., and said no action was taken. 28. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. Council Member Pankaj said he had a family event and would not be at the September 13 meeting. City Clerk Janice Ellis reminded City Council of their special meeting scheduled for Wednesday, August 25. 29. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Pilgrim and was seconded by Council Member Pankaj. Motion carried, 7 ayes — 0 nays. The meeting was adjourned at 7:07 p.m. PAULA PORTUGAL, MAYOR JANICE ELLIS, CITY CLERK 'o d u � O .+ c m C {C V C O a P`11', VISITCSRSSKOj x S OhIVF.'IVT'ICYCJ CC7UNCIL.. Mission Statement: Program of Work Ir � The Paris Visitors & Convention Council will provide all necessary services and information to visitors/tourists, and develop programs to attract meetings, conventions, sports events, groups, and other activities that will produce economic benefits for the Paris community. PROJECTS: • Endeavor to attract groups and individuals by providing marketing materials, e.g. social media videos, literature, website information, calendar of events, visitor and newcomer guides, maps, historical tour guides, and brochures. • Promote Paris and Lamar County as an event location to meeting and event planners. • Work with existing partners to continue and expand annual events. • Evaluate and potentially offer funding for events that bring 'heads -in -beds.' • Encourage civic clubs and local businesses to hold meetings and events in Paris • Collaborate with Paris Main Street and Paris Downtown Association and assist with events. • Biking Destination • Wedding Destination Develop and broaden existing events: I Bolster promotion of area attractions: • Tour de Paris Bicycle Rally • Eiffel Tower topped with red cowboy hat • "Hell of North Texas" Gravel Grind • Red River Valley Veterans Memorial partnering with Tour de Paris • Trail de Paris and the North East Texas • Paris Balloon Festival and Music Festival Trail • ASA "Southwest Shootout" Archery • Sam Bell Maxey House Tournament • Lake Crook • Southern Drag Boat Races • Pat Mayse Lake • Two separate square-dance conventions • Historic Downtown • Antique car events • Lamar County Courthouse • Fishing tournaments • Historic Evergreen Cemetery • Golf tournaments • Lamar County Historical Museum • Baseball and Softball tournaments • Valley of the Caddo Museum and Cultural • Motorcycle rides and events Center • Indoor Archery Tournament • Lamar County Historical Genealogy Library • Trail Racing Across Texas • John Chisum Monument • Golf Events • Promote Historical Trolley Tours • Pump Track • Paris Community Theatre • TMBRA • Love Civic Center • New events for the NETT • Promote the expansion of the NETT 6 E � r s ri BFi,gBF$I, 88 88g88Q8g8Q888, $8 j8g88.88888 Q8gg8gg8 pg88 QR QB, $888. 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AG i6$5�����H.LS �9i egg iim� g �mu $5i 5t�44MR5i � �- 2021-2022 Program of Work Continue to address and utilize the Long -Term Planning Committee's facility assessment for improvements, and specifically address the following opportunities for improvement: • Continue HVAC upgrades throughout the building • Continue working with City in the renovation of the Love Civic Center • Continue to promote the use of the trolley for multiple uses • Use marketing dollars to promote the Love Civic Center and its renovations • Plan an open house after renovations are complete for public to see • Add a 65-70 inch TV in the entryway PACKAGE 4 2013 BOND FUND OSCAR RENDA C Projects Project 4 — Clarksville from 3rd to Collegiate water line replacement complete Project 6A, 6B, 6C — 6th SE from Clarksville to Old Jefferson water line and sanitary sewer replacement Project 7A, 7B, X — 8th SE from Clarksville to Old Jefferson water line and sanitary sewer replacement Project 8, 8A —12th SE from Clarksville to Old Jefferson water line and sanitary sewer replacement; stopped at Austin WbstantWy complete Project 9 — LaMesa Heights water line and sanitary sewer replacement cornp9ete D Projects Project 5 — Downtown water line and sanitary sewer replacement; repair aspliaK at SOLIth Main Project D1— Pine Bluff from North Main to 20th water line and sanitary sewer replacement ccmplete Project 29 — Graham from 4th to 7th water line replacement; Oty cornpl eted project Project E2 — Stacy Lane to Walking Trail sanitary sewer replacement cornplete Project E2B — PCA sanitary sewer replacement behind PCA; palled firorn project Project E3 — Clarksville to SE Lift Station cross country sanitary sewer replacement cornplete Project E4 — 40th SE sanitary sewer replacement; 4 yards to level Project E5 — Loop at Dawn drive sanitary sewer replacement under Loop; pulled from project Project E6 — Loop 286 from Paris Auto Group to Home Depot sanitary sewer replacement; 2 asphaR driveway and I M/H to Il&ate Project E7 —17th Ne from Clement to Martin Luther King to 20th sanitary sewer replacement; curb repair; 1, clean -Mt to locate Retainage - $1,158,180 MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS August 25, 2021 The City Council of the City of Paris met for a special session at 5:30 p.m. on Wednesday, August 25, 2021, at the City Council Chamber, 107 E. Kaufrnan, Paris, Texas. Present: Mayor: Paula Portugal Mayor Pro -Tem: Reginald Hughes Council Members: Renae Stone; Gary Savage; Mihir Pankaj; and Linda Knox City Staff: Grayson Path, City Manager; Stephanie Harris, City sy, Davis, representing r expressed appreciation to they were not 3. Receive presentations from non-profit agencies requesting funding for public purpose; rank agencies for priority; discuss and act on requests. City Manager Grayson Path said last year they implemented a new policy by which to guide, review and select awarding of funds to non-profit agencies. Mr. Path reviewed the policy specifically with regard to public purpose. He said he and City Attorney Stephanie Harris reviewed the applications for compliance and public purpose, and the groups presenting tonight met those qualifications. Mr. Path also said there was $100,000 budgeted for assisting non-profit agencies and there was an additional $5,000 that could be accessed. Mr. Path explained the process for selection of funds, which included hearing the presentations, discussing among themselves the presentations and scoring each organization with the highest being number one. Mr. Path said staff would take up the scorecards, tally them and from there they could discuss the agencies beginning with the highest ranked. Mr. Path said they could award the agency the full amount requested or a lesser amount but once the budgeted $100,000 mark was reached; there may be some agencies that leave with no funding from the City. City Council heard presentations from the following: Special Council Meeting August 25, 2021 Page 2 Diane Stegall, representing Casa for Kids Rebecca Peevy, representing Children's Advocacy Center of Paris Maggie Kirby, representing City Square Linda Hoyter & Daryl Bruce, representing ETCADA Julia Trigg Crawford, representing KPB Shelly Brazeal, representing Lamar County Human Resources Keith Flowers, LeAndra Maughon, Dr. Draft & Dr. O'Bryan, representing Lamar County Human Association Sabra Vaughn, representing Paris Optimist Club Charla Bowen, representing Safe -T Major Gary Watts, representing the Salvation Army Jenny Wilson, representing United Way Don Yarbrough, representing Weald Workers of Lamar County After hearing the presentations, Mayor Portugal asked for discussion. Council Member Stone said she saw everyi in g L7nitecl Way did for those families with children," such as rent and electricity. She aid they%were here: asking fox assistance for the first time and they helped immediately with essenhl; needs. Council Member Savage said ,all of the agencies` deserved funding and he heed they: all could get something. A yor Pro -Tern Hughes said it would hurt his heart if not everyone g®t funds: Council Member Pankaj echoed Council Member Savage and, Mayor Pro -Tem Hughes comments. Council Member Knox',, 4<1, yc�as overwhelming to think about not funding al of these. She expressed appreciation for;the presentations because the presentations were much different `from just reading applications.,; : 'Mayor Portugal said a few summers ago, she worked„with the, tnited Way Board and being a retired teacher that, her heart went out to the ?children and the elderly. Mayor Portugal said it vas a consensus that the City Council wished to see all �nf these agencies receive something. City Council discussed different options. Following additional discussion, Mr. Path suggested they might wish to decide on the amounts based on everyone getting the same percentage. City Council favored that idea and provided their scorecards to staff for tallying. Mayor Portugal recessed City Council at 7:20 p.m. and reconvened City Council into open session at 7:44 p.m. She said that Council Member Stone had to leave the meeting a few minutes earlier. Mr. Path presented City Council funding disbursements under a Ratio Method based upon $105,000.00 and a Ratio Method based upon $100,000.00. Council Member Pankaj, Council Member Savage and Mayor Pro -Tem Hughes favored funding based on the $105,000.00 option. Mr. Path read aloud the funding disbursements based under the Ratio Method of $105,000.00 (see Attachment A). A Motion to approve Option 1 funding, the Ratio Method based upon $105,000.00, was made by Council Member Savage and seconded by Council Member Knox. Motion carried, 5 ayes — 0 nays. Special Council Meeting August 25, 2021 Page 3 4. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Pankaj and was seconded by Mayor Pro -Tem Hughes. Motion carried, 5 ayes — 0 nays. The meeting was adjourned at 7:50 p.m. JANICE ELLIS, CITY CLERK PAULA PORTUGAL, MAYOR P4,441o*n+ 'A t , Total Request 'Rati etho Ratio Method Order Non -Profit Organization $105,000.00, , $ 100,000.00 I Children's Advocacy Center $ 12,500.00 $ 9,375.00 $ 8,928.57 2 United Way $ 15,000.00 $ 11,250.00 $ 10,714.29 3 City Square $ 15,000-00 $ 11,250.00 $ 10,714.29 4 Safe -T $ 8,000.00 $ 6,000.00 $ 5,714.29 5 La ' mar County Human Resources $ 15,000.00 $ 11,250.00 $ 10,714.29 6 Salvation Army $ 15,000.00 $ 11,250.00 $ 10,714.29 7 CASA for Kids $ 10,000.00 $ 7,500.00 $ 7,142.86 8 ETCADA $ 4,500.00 $ 3,375.00 $ 3,214.29 9 Lamar County Humane Association $ 15,000.00 $ 11,250.00 $ 10,714.29 10 Weald Workers of Lamar County $ 15,000.00 $ 11,250.00 $ 10,714.29 11 Keep Paris Beautiful $ 5,000.00 $ 3,750.00 $ 3,571.43 12 Paris Optimist Club $ 10,000.00 $ 7,500.00 $ 7,142.86 $ 140,000.00 $ 105,000.00 $ 100,000.00 P4,441o*n+ 'A t , Item No. b REGULAR 1EETING BOARD OF COMMISSIONERS MEETING 100 GEORGE WRIGHT HOMES AKNUTES OF June 15, 2021 Present at the Meeting VIA ZOOM/IN OFFICE: TK Haynes —.Chairman of the Board of Commissioners (Zoom.) D6wayne Dangerfield — Chairman ofthe Board of Commissioners (in office) Shatara, Moore; — Commissioner of the Board of Commissioners (in office) Sally Ruthart — Executive Director (Zoom & in office) Mayor Paula Portugal (Zoom) Mayor Pro Tem Reginald Hughes (Zoom) 1. Meeting. Called to order at 12:3 8 pm on Tuesday,, June 15, 2021, by Chairman of the Board of Commissioners, T. K. Haynes. 2. Havingthree. Board Members present, a quorum, Mr. Haynes -thanked and welcomed everyone to the meeting. 3. Citizens' Foi am Opened and closed with no one present to speak. 4. Approval of the Minutes from May 18,2021, meeting. Minutes of the meeting were approved with a motion made by Ms. Moore and seconded by 1&. Dangerfield. Passed 3-0. 5. UNFINISHED BUSINESS: NODE 6. NEW BUSINESS: A. Mayor Portugal and Mayor Pro Tem Hughes requested to be on the agenda for introductions. Introductions were made and Mayor Portugal and Mayor Pro Tem Hughes thanked the Commissioners and Director for their services to the. 1-16 u sing Authority and the community. Mr. Haynes thanked them both for attending the meeting and welcomed them back anytime, B.a. Occupancy Report --Ms. Ruthart discussed with the Board an email received from Skipper Steely stating his wishes that the, -George Wright name be removedfroin the Housing Authority property once again. Ms. Ruthart also informed the Board of a yisitthat was made to the Housing Authority by a City employee who requested a map of George Wright Homes stating that the addresses needed to be changed for 911 , purposes, Section .8 has 280 current assisted vouchers and 18 people with vouchers searching for units. T11f.- Section 8 Waiting List has 33 people on it. Public Housing has 10 vacancies of which 3 will be -moved in this week. Public Housing waiting list has 51 on the, onebedroomlist, 7 on the 2 -bedroom list, and 3,6h the 3 -bedroom list b. Financial Report was reported to the Board with bank statements for PH and Section 8. Ending bank statement balances for May 2021- Public Housing - $326,954.49 Section 8 - $555,263.74. c. Ms. Ruthart informed the Board of Commissioners that the Section 8 waiting list will be opened on June 25, 2021 and accept the first 125 applications starting at 8:00 am, 7. RESOLUTIONS: 2020-011 Write-off&forFYE 06/30/2021 Motion made by Ms. Moore and seconded by Mr. Dangerfield. Motion passed 3-0. 2020-012 Auditor 2 -year Contract FYE?s 06/30/2021 & 06130/2022 Motion made by Ms. Moore and seconded by Mr. Dangerfield. Motion passed 3-0. 8. Mr. Haynes asked the Commissioners if anything -needed to be added to the, -next agenda. Aftbr no one replied, Mr. Haynes asked for amotion for adjournment. The motion, was made by Mr. Dmigerfield and seconded by Ms. Moore. Motion passed 3-0. The meeting was adjourned at 1:1 b pm. ,APPRO'VED'TMSg-ed ay Of 'A /-P L4 !!R " -S 2021. r" jmrb� &*K—thart, Secretary T. K. Haynes, Chairman 2 MINUTES OF REGULAR MEETING AIRPORT ADVISORY BOARD 107 EAST KAUFMAN STREET PARIS, TEXAS THURSDAY, JUNE 17,2021,5:30 P.M. 1. The Airport Advisory Board was called to order at 5:30 p.m. by Chairman Scott Avery. Members present: Ray Ball, Scott Avery, Scott Hearne, Zachary Ebbs, and Anna Spencer. City Representatives: Paula Portugal, Mayor, Grayson Path, City Manager; Janice Ellis, City Clerk; Skylar Hoskins, Deputy City Clerk; Derek Dacus, Engineering Technician; Jerry Richey, Airport Manager. Members absent: Jim Bell 2. Citizen's Input No one spoke during the citizen's forum. 3. Consider approval ofminutes from the meeting of May 20, 2021. A Motion to approve the Minutes was made by Ray Ball, and seconded by Zachary Ebbs. Motion carried, 5 ayes — 0 Nays. 4. Discuss and possibly take action on a ground lease agreement with Charles McNeal for Hangar U. City Clerk Janice Ellis said Mr. McNeal is proposing to build a 50'x50' private hangar located west of Hangar 0, southwest of Hangar J. She stated that staff recommends approval pending FAA approval. A Motion to approve the ground lease agreement with Charles McNeal pending FAA approval was made by Anna Spencer, and seconded by Ray Ball. Motion carried, 5 ayes — 0 nays. 5. Receive an update on the status ofFBOlairport manager. Janice Ellis stated that the current FBO/airport manager, Jerry Richey, will be retiring soon. Mr. Richey has agreed to sell all of the equipment and fuel to the City, and has also agreed to stay and help during the transition period. The job posting was presented to the board for review. Mr. Ball asked if this job was posted as a regular city job posting, or a proposal for bids, to which Ms. Ellis answered a regular city job posting. Ms. Ellis stated staff is in the process of ironing out the terms. Scott Avery asked if TXDOT Aviation could be of any assistance in this process due to the extensive skills mentioned in the job description. Ms. Ellis said that staff has reached out to a group in Arkansas which contains pilots, FBO's and airport managers who will post something on the City's behalf. Staff has also reached out to the Texas Council of Airports as well. 6. Presentation of FY20121 airport budget. Finance Director Gene Anderson presented the 2020-2021 budget and stated that next year's budget will be different in order to show that airport operations are being removed from the City's General Fund and placed in the new "Cox Field Airport Fund". There will be new revenue and expenditure accounts reflecting that the City is now operating the airport. Mr. Hearne asked about left over money that should roll over to which Mr. Anderson stated there was a $69,000 CARES Act Grant which they have submitted expenditures for, but have not yet been reimbursed. Mr. Avery asked what the money was used for. Mr. Anderson stated it was an unusual circumstance in which the City had to spend the money quickly, so what the State allowed the City to do was to submit the normal operational -type expenses, so that when the City is reimbursed the City can then choose how to spend the money with no Grant restrictions. Mr. Anderson said that he would expect to get the reimbursement fairly soon, and it would then be budgeted by City Council and put back into the airport. 7. Receive report on city -owned hangar inspections. Ms. Janice Ellis presented pictures of the violations and went over the list of violations for the following: 1. Glen Chapman — Hangar A-1 is vacating on June 25, 2021 2. Peter Edenhoffer — Hangar C-4 has personal property unrelated to aviation purposes (aquariums, a bathtub, tiles, combustible pool chlorine, etc...) and is also storing an inoperable airplane for which there are no known immediate rehabilitation or repair plans. 3. Jimmy Smyers — Hangar C-5 has an inoperable airplane for which there are no known immediate rehabilitation or repair plans stored in his hangar that is registered to someone else. He is also storing personal property unrelated to aviation (leather chair and ottoman, wicker chairs, and office furniture, etc...), and currently has no insurance. 4. Cody Jones — Hangar I-4 has an aircraft that is registered to someone else, has personal property unrelated to aviation purposes (refrigerator, bedroom furniture, etc...), and has no insurance. 5. Bert Strom — Hangar I-2 has an aircraft that is registered to someone else which is inoperable and to which there are no known immediate rehabilitation or repair plans. He also has no insurance. 6. Jeff Pickering — Hangar I-5 has an aircraft that is registered to someone else, has personal property unrelated to aviation purposes (junk, etc...), and has no insurance. 7. Chad Parrott — Hangar I-6 has an aircraft that is registered to someone else, and is also storing an inoperable airplane for which there are no known immediate rehabilitation or repair plans. He also has no insurance. 8. Phil Whitaker — Hangar I-8 has personal property unrelated to aviation purposes (kayaks, etc...), has a plane that he did not notify the city of, and has no insurance. 9. Eric Clifford — Hangar A-3 has moved the airplane out of his hangar. 10. Jay Crowell — Hangar B-3 has someone else's aircraft and no insurance. 11. Stacy Musgrove — Hangar B-13 has personal property unrelated to aviation purposes (motorcycle, etc...) and no insurance. 12. Eric Clifford — Hangar C-1 has had no aircraft stored for approximately 6 months and has personal property unrelated to aviation purposes (furniture, bicycle, plastic storage containers, etc...). 13. Cody Stephens — Hangar B 11 has someone else's aircraft and no insurance. 14. Kenny Turnipseed — Hangar -I-3 has personal property unrelated to aviation purposes (sofa, ottoman, metal chairs, etc...), and has no insurance. Ms. Ellis stated that the violation notices for each of these went out on June 16th, 2021 and the tenants have until July 15th, 2021 to correct the defaults or the eviction process will be started. Mr. Ball thanked Ms. Ellis and staff for the thorough report, and said that it's the best thing he has seen in many years and is a step in the right direction for the airport. Ms. Ellis said the lease that the board approved made it much easier to enforce the rules and make sure everyone is treated the same. She also thanked Mayor Portugal for her support and efforts regarding the necessary changes for the airport. Scott Hearne asked about the frequency of future inspections, to which Ms. Ellis stated they would most likely occur quarterly. 8. Receive FBO report. Airport Manager Jerry Richey stated he would be helping out staff during his transition and hopes it goes as smoothly as possible with a date of September 1, 2021 being his end goal, as that is when his insurance coverage expires and also coincides with the City's budget. Ray Ball thanked Jerry for all of his work for the airport. 9. Items for future agendas. Ray Ball asked for a follow up on the violation notices that were posted on June 16,h. Mr. Avery asked for an update on the CARES Act reimbursement status. Mr. Ball also asked for updates on new hangar construction Ms. Ellis stated there would not be a meeting in July, so the next meeting will be held on August 19, 2021 and there would be something special for Ms. Anna Spencer. Ms. Ellis also stated that new board appointments would be made on June 28h. 10. Adjournment. A motion to adjourn was made by Ray Ball and seconded by Scott Hearn. Motion carried, 5 ayes — 0 nays. Meeting adjourned at 5:53 P.M. Approved this 19'h day of August, 2021. PARIS ECONOMIC DEVELOPMENT CORPORATION Board Members Present: Josh Bray, Chairman Curtis Fendley, Vice Chairman Chase Coleman, Secretary/Treasurer Stephen Terrell Erik Roddy Mark Homer Ex -Officio Members Present: Pam Anglin, President PJC Paula Portugal, Mayor Grayson Path, City Manager Legal Counsel: Casey Gain, PEDC Attorney Call to Order MONTHLY MEETING Paris City Council Chambers 107 East Kaufman St. Paris, Texas 75460 Tuesday, July, 20, 2021 5:30 O'CLOCK P.M. Staff Present: Maureen Hammond, Executive Director Chris Stout, Economic Development Associate Guest(s) Present: Shay Bills, Citizen Mary Madewell, The Paris News City Council Liaison: Clayton Pilgrim Renae Stone Mr. Bray called the monthly meeting of the Paris Economic Development Corporation to order at 5:30 p.m. on July 20, 2021. Board Member, Dr. Hashmi was absent. The Board had a quorum in attendance. Invocation Mr. Terrell gave the invocation. Welcome and OoeninF!4-Remarks Mr. Bray welcomed the new Board Members to the meeting and acknowledged the City Council Members in attendance to the meeting. Recognition of Outgoing Board Member Ms Shay Bills Mr. Bray thanked Ms. Bills for her hard work and dedication to the Board and to the Paris community. Ms. Hammond presented Ms. Bills with a plaque in recognition of her passion and hard work on the Board. Welcome of New Board Members Mr. Bray welcomed the new Board Members Mark Homer and Erik Roddy and congratulated Dr. A) Hashmi on his reappointment to the Board. Dr. Hashmi and Mark Homer are filling three-year terms and Erik Roddy is filling a one- year term open when Mihir Pankaj joined the City Council. Phuc Board Meeting Minutes July 20, 2021 Page 2 of 3 Citizens' input Mr. Bray invited those present to speak during Citizens' input. No one came forward and the Citizen's Input was closed. Election of Officers Mr. Bray stated nominations would be taken for officers until a nominee has received a majority vote. • Chairperson - Mr. Fendley made a motion to appoint Josh Bray as Chairperson. Mr. Homer seconded the motion. Vote was 6 -ayes to 0 -nays. • Vice Chairperson - Mr. Coleman made a motion to appoint Curtis Fendley as Vice Chairperson, Mr. Roddy seconded the motion. Vote was 6 -ayes to 0 -nays. • Secretary -Treasurer - Mr. Roddy made a motion to appoint Chase Coleman as Secretary Treasurer. Mr. Fendley seconded the motion. Vote was 6 -ayes to 0 -nays. Discuss and Consider Approval of the Minutes of the Regular Meetipi! held June 15, 2021 Mr. Bray asked for discussion and approval of the minutes. Mr. Fendley made a motion to approve the June 15, 2021 minutes. Mr. Coleman seconded the motion. Vote was 6 -ayes to 0 -nays. Discuss and Consider Approval of the June 2021 Financial Statements Ms. Hammond stated Cash and Cash Equivalents are almost $2 million and Investments are at $2 million. Sales Tax Revenues received were $155,000 for the month and yearly Sales Tax Revenues are $35,000.00 over budget. Hammond added that the PEDC is over in Revenue and under in Expenses for the first 9 months of the fiscal year. Mr. Coleman made a motion to approve the June 2021 Financials. Mr. Terrell seconded the motion. Vote was 6 - ayes to 0 -nays. Discuss and Consider Action on Updates from Land Committee Ms. Hammond stated the Board had given authorization for a company to perform Phase I environmental survey on remaining PEDC land that did not have environmental work completed. Terracon Consultants were engaged to perform the surveys for $6,700. The environmental work was finished on approximately 90 acres and all reports came back clean. -Discuss and Consider Action on Updates from Marketing Committee Ms. Hammond said the Marketing Committee has held three meetings. The Committee contributed to the Plan of Work and recommended moving forward with brand identity development jointly with the City and the Chamber. Hammond added that the website has not been updated in over five years and is in need of a reface. Ms. Hammond asked for approval to send out RFPs on brand identity development and website development. The Marketing Committee and Ms. Hammond will come back to the Board with a recommendation on firms. Mr. Fendley made a motion to move forward with RFPs for brand and website development. Mr. Homer seconded the motion. Vote was 6 -ayes to 0 -nays. -Prolect Updates: American SplralWeld — Tours of the new facility for the Board, City Council and the County have gone very well. Casey Johnson, Plant Manager, and Kent Davis Director, Business Process Automation, for AMERICAN SpiralWeld Pipe have been generous with their time. The company has created approximately 80 jobs to date. PWC Board meeting Minutes July 20, 2021 Page 3 of 3 • Metro Gate Manufacturing — Metro Gate had a celebration of their expansion at their facility on July 13, 2021. Ms. Hammond reported that the company has created 1.5 additional jobs beyond the initial 40 jobs they had at the start of their performance agreement. Convene into Executive Session: 1) Pursuant to Section 551.072 of the Texas Government Code to discuss and deliberate the purchase, exchange, lease, or value of real property. 2) Pursuant to Section 551.087 of the Texas Government Code to (1) discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations, or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1), to wit: • Project Highway • Project Iron Horse • Project Rocket X • Project Fast Track • Project Mustang 3) Pursuant to Section 551.074 of the Texas Government Code: 1) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: or 2) to hear a complaint to charge against an officer or employee. Personnel. Chairman Bray convened the Board into Executive Session at 5:41 p.m. Reconvene into Oben Session and Consider Action on Item s) Discussed in Executive Session Chairman Bray reconvened the Board into Open Session at 6:14 p.m. No action was taken on items from executive session. .Discuss Future Aaenda Items No future agenda items. Adlour Mr. Homer made motion to adjourn the meeting. Mr. Fendley seconded the motion. Vote was 6 -ayes to 0 -nays. Mr. Bray adjourned the meeting at 6:15 p.m. Respectfully submitted, Paula Brownfield Administrative Assistant Paris Economic Development Corporation Paris Public Library Advisory Board Meeting Minutes August 18, 2021 Opening: The meeting of the Paris Public Library Advisory Board was called to order by Chairman Steve Hellmann at 4:02 p.m. Present: Board members present were: Steve Hellmann, Melanie Loughmiller, Eva Dickey, Myers Hurt, Jennifer Cullum, Lauren Mathews, Melanie Loughmiller, Library Director Tim DeGhelder, and City Council Liaison Linda Knox. Board Member DeEtte Cobb was absent. Approval of Minutes: The minutes of the July 21, 2021 were approved with the correction of the adjournment time. The adjournment time was missing from the July 21, 2021 meeting notes and were added on August 18, 2021 as 4:57 p.m. The motion to approve the minutes was made by Melanie Loughmiller and a second was provided by Myers Hurt. 11. Citizens Forum: Nothing to report. III. New Business: Chairman Steve Hellmann requested that Marilyn Threadgill be recognized for her years of service to the Paris Public Library Advisory Board. Jennifer Cullum made the motion to approve, with Melanie Loughmiller providing the second. All board members present were in favor of the recognition. IV. Old Business: Strategic Plan (October 2021) Tim met with staff for a 3rd meeting and will put all of the information gained into one document for the board. Items that will be included in the Strategic Plan will include the materials the library currently has to offer and what the library plans to do with them. a. Building: Tim will make a presentation for future building plans in October for review, prior to submitting to City Manager Grayson Path. The plan will include goals for Year One, Year Two, and Year Three. Tim wants the library to have more accountability to the Library Advisory Board because he feels it will help to keep the goals established on pace. V. Presentations: ME•• = � Expenditures in July totaled $69,763.59, with $555,352.57 expended so far for the year, which is 76% of FY 2021 budget of $727,331.00 Tim noted that the new budget begins October 1, 2021 and any remaining left over salary funds in the budget will be utilized to purchase security cameras for the library. The goal is to have additional security cameras for the parking lot and front door. The technology will allow eligible staff to view the camera footage remotely from a device. The camera footage will be held to privacy law standards, with only the staff allowed to view, unless law enforcement is involved. Tim submitted a salary survey to Grayson Path for review. Tim noted that numerous staff members have worked for the library many years and he felt that they deserved a pay raise. The budget for the increase in salary has been submitted to the Paris City Council but has not yet been approved. Steve Hellmann asked if the council was receptive to the increase in salary and Council Liaison Linda Knox said yes. b. Statistical Report. There are currently 9,237 active library cards. Book rentals continue to increase, especially in the Juvenile department. This was'the first month in which volunteers returned to the library, with 20 volunteer hours for the month. Tim noted that he would like to increase the number of volunteers. During this time, Tim also noted that the library is responsible for helping the public register to vote, under the National Voter Registration Act (NVRA). Public libraries are required to offer the opportunity to register to vote to their clients. An in-depth PDF may be found using the link provided https:/Iwww.sos.state.tx.us/­elections/­­f­­­­`orms/implementing-the-nvra-public- libraries.pd Tim stated that he will add this update to the September presentation and wants his staff to consider this as civic responsibility. Myers asked if there is any way to check and see if someone is already registered. Eva Dickey responded that yes, there is a website to verify voter registration. Linda noted that the voter registrations that patrons have may need to be updated. Steve added that this process may be able to take place while a library card is being updated for address changes or other miscellaneous information is changed. c. PC Usage Policy. Ron Hervey presented an updated version of the library's PC policy. Ron collaborated with Tim to create new guidelines that would ensure that more people have access to the library computers while also continuing to protect the valuable investments. Tim stated that regardless of the situation, he wants people to be able to use the library computers. This would include people who do not have library cards, those with fines, and other reasonable circumstances that a non -card holder would need to use the computer. Tim's philosophy is that if the people are not removing anything from the library, then there is very little risk. Other items that were updated in the Computer Use Rules were: Using a Computer at the Library Users will no longer be required to own a Paris Public Library card to have use of the computers. Computers users will have access to appropriate chat and game options. Children Children aged 12-17 must have a parent or legal guardian sing the Minor Computer Workstation Agreement to be able to use a computer without the parent or legal guardian present. Out of county children must have a parent or legal guardian verbally OK the child's use of the computer. Children under 12 years of age must have a parent or legal guardian present and supervising the child on that computer. Time Limits Computer usage is limited to one hour per session. If there is no waiting list, time may be extended. Computer use is on a first-come, first -serve basis. Tim and Ron discussed the reasoning behind the computer usage updates, beginning with accessibility to chat and game options. Now that the library has more computers available, patrons will be able to use chat programs as well as playing games. The library is also working to streamline the process and reduce unnecessary paperwork. Tim further clarified children under 12 would still be required to have a parent or legal guardian sit with them for the entirety of their computer usage. The library has a Child Abandonment policy that reflects this. Ron added that this update will make it easier for patrons to access valuable internet resources. Steve asked if there would be computers specifically designated as "kid -safe." Ron is exploring various options for filtering programs. Ron also noted that if there are funds available, he would like to have two new computers set aside for children. Tim also included that he would like to have the Zoom communication program installed in the near future, for people to not only be able to communicate with relatives, but also for virtual job interviews. Steve suggested to have the 3 -hour time limit removed from the proposed update. The board agreed and it was stricken from the proposal, which is reflected in the notes above, listed under "Time Limits." Steve also asked where there was a card requirement for accessing the computers. Tim responded that it is a federal requirement under the Patriot Act. After discussion of the proposed updated policies, Eva Dickey made a motion to approve, with Myers Hurt adding the second. All board members present were in favor of the updated Computer Use Rules. Tim DeGhelder created a presentation of his vision for the library to the Advisory Board using the new Smart Television that was donated to the library by an anonymous donor. The presentation featured possibilities of programs and offerings the library may be able to have in the future, if space was available. The suggestions and creativity for programs are plentiful, but Tim says that the current building does not contain enough space to hold enough people, which limits the offerings that the library could present to the public. The meeting room that is used for programs can only hold 49 people under Fire Safety codes. Tim envisions a meeting room that could support an activity that would hold 200 people. After watching the video of the possibilities for different types of programs the library could facilitate, if the space was available, Tim then shared his vision his vision with the Board the space he would like to use. Located underneath the current building is an unfinished storage basement that the City of Paris uses primarily to hold the Christmas decorations for the city. Tim hopes that if the space was cleared out and completely finished, including reinforcing the ceiling, flooring, a bathroom, small kitchen, and walls, this would be the perfect place for a large community gathering. Tim noted that the possibilities are endless for this proposed finished space. Meetings could be held there, classes, special performers, a place to go for the children's program in inclement weather, etc. The library serves as a neutral community location, where all people are welcome and this could be the perfect space for clubs and organizations to come and meet. Depending upon the group using the space, it is also possible to charge for the gathering. The space may be available during hours in which the library is closed as well. This would also be the perfect location for the Friends of the Library to have meetings as well as fundraising events. I Tim would like this project to be a part of his 3 -Year Strategic Plan. He is not certain mfcost estimates yet, as he has recently discovered the basement, but will begin speakingtncuntractorstoobtainquotes. Melanie Loughmiller stated that this was an excellent vision. Steve Hellmann added that heis aware the library staff have adesire for more space, and he included Tracy's mention ofthe vacant building next door tothe library as another possible option for a large community room. Tim's purpose ofthe Presentation and Walk-through was tohave afeel for the board's response to the proposal. The board was infavor ofthe possibilities ofthe project, provided more iOfUrrnaMnO would come regarding costs and logistics. \U. Friends ofthe Library a. Tim said that the Friends came for a visit to the library and brought bags decorated with the current logo. Tim discussed with the Friends the possibility of throwing a 90th birthday party celebration for the library in December, with commemorative ornaments for those in attendance. Tim also plans to provide the Adult Reading Program participants with the same ornaments. Mr. [3e{lhelderis hopeful that this will beanexcellent opportunity to have membership drive for Friends nfthe Library. VII. Director's Remarks: Tim isvery energetic with the possibilities that the Paris Public Library has to offer the community. He reiterated that the library should be a place that welcomes everyone, regardless of their library card status. He feels that the more people who want tocome tothe library, the more viable the library will become. The next meeting will be on September 1511, 2021. Adjournment: Meeting adjourned at 4:58 pm Submitted by Jennifer Cullum, Secretary MMTES PLANNING AND ZONING COMMISSION CITY COUNCIL CHAMBERS 107 EAST KAUFMAN PARIS, TEXAS MONDAY, AUGUST 02,2021,5:30 P.M. 1. The meeting of the Planning and Zoning Commission was called to order at 5:3Op. m. by rice -Chairman Clifton Fendley. Commissioners Present: Francine Neeley, Austin Anthony, Tylesha Ross, Clifton Fendley, and Sims Norment Commissioners Absent: Chad Lindsey and Michael Mosher 2. Citizens' forum. (Persons desiring to address the Planning and Zoning Commission must limit their presentation to no more than two minutes. Unless an item is posted on the Agenda, the Texas Open Meetings Act prohibits the Commission from responding to any comments other than to refer the matter to a future agenda, to an existingpolicy, or to a staf%person with specific factual information. Claims against the City, Council Members, or employees, as well as individual personal appeals are not appropriate for citizens' forum) The citizen's forum was declared open. With no one speaking, the foram was declared closed. 3. Approval of minutes from the meeting of July 06, 2021. A motion to approve the minutes for the July 06, 2021 meeting was made by Sims Norment and seconded by Austin Anthony. Motion carried 5-0. 4. Conduct a public hearing to consider and take action regarding the petition of Cal Reep for a change in zoning from One Family Dwelling District No. 2 (SF -2) to a Multi - Family Dwelling District No. I (AIF -1), in the Highland Park Addition, Block 4, Lot 7A & All of 8, located at 2023 Culbertson St- LCAD 12133. Mack states the prior owner of the property submitted the same request for rezoning a few years ago. Substantial objection of the residents in the neighborhood were made and the request was not approved by the City. The subject property is zoned SF -2, and the primary residence was converted this year from a non -conforming duplex to a conforming single family residence. The 2 -story accessory structure in the rear yard was previously an occupied detached rental dwelling. As follow up to the previous denied rezoning, code enforcement measures were undertaken to remove the unapproved occupancy of the accessoryl structure and the property was cleaned up from illegal outdoor storage and junk in the yard. Following these successful enforcement efforts, the property subsequently changed ownership. There is higher density dwellings surrounding this area and with that staff recommends approval of the rezoning from SF -2 to MF -1. The public hearing was declared open. With no one speaking, the public hearing was declared closed. A motion was made by Sims Norment, seconded by Francine Neeley to approve the zoning change. Motion carried 5-0. 5. Public hearing to act on a petition by the City of Paris to adopt an ordinance amending the zoning map for the Brownwood Addition from a Multi Family Dwelling District No. I (MF -1) to a One -Family Dwelling District No. 2 (SF -2). Mack states this is the third round for hearing. The Brownwood Subdivision is zoned MF -1 and under the Future Land Use Map this area is guided for Low Density Residential. The current land uses are all single-family homes. The land area to the North and West is all guided for Low Density Residential. These large undeveloped surrounding areas are all zoned SF -2 with the exception of 3.6 acre Davenv�ick parcel which is zoned MF -2 and the Paris Elks Lodge which is zoned Agricultural. The large undeveloped land areas to the East and South is also guided for Low Density Residential and zoned Agricultural. Extensive public input has been received on this case on both the first and second rounds of hearings. Staff recommends approval Brownwood Subdivision rezoning to One -Family Dwelling District No. 2 (SF -2). The public hearing was declared open. Angie Gifford, homeowner in the Brownwood Addition, asked that the commission consider approving this zoning change to protect their asset. The public hearing was declared closed. A motion was made by Sims Norment, seconded by Francine Neeley to approve the zoning change. Motion carried 5-0. 6. Consideration of and action on the Final Plat of Lot 1, Block of the Striker Addition CB 296, LCAD Property ID 18566, located at 3415 Lamar Ave. Mack states the First Assembly of God Church requested approval of a Final Plat to facilitate the lot division and sale of the former gymnasium building for the construction of a new Wendy's Restaurant in this location. The preliminary plat for the project was approved by the Planning Commission on May 3, 2021. Staff recommends approval of the Striker Addition Final Plat subject to the following conditions: 1. The developer shall' extending the water line main. approximately 190ft across the front of the property to the SE corner for future extension and looping of the City's water main. 2. Final approval of site civil plans prior to issuance of a building permit. A motion was made by TyPesha Ross, seconded by Francine Neeley to approve the final plat. Motion carried 5-0. 7. Consideration of and action on the .Revised Preliminary Plat of Lots 1-12, Block 188 of the J C, Miles Subdivision, UD Property ID 17005, located at 1415 SE 61h Street. Mack states he will make this presentation to cover both agenda items for preliminary and final plat. Russ Davis requested approval of a revised preliminary and a final plat to facilitate the lot divisions and sale of the lots on Sycamore Street and the construction of a new residence replacing the home at 1415 6' Street. The preliminary plat for the project was approved by the Planning Commission ion May 3, 2021 with 5 conditions. The developer has been unable to complete engineering plans for the public improvements and drainage associated with the proposed new cul-de-sac street. Therefore the revised preliminary and final plat are showing this area as an "Outlot" in the development meaning that a new final plat will have to be processed as a second addition before any construction can be permitted along 8th Street. This engineering will be worked on following approval of this first phase of the plat and a drainage plan before building permits can be issued for lots 1-11 along the North side of Sycamore and on Oh Street in order to address drainage issues in this location. The developer is also planning to reconstruct Sycamore Street once the water & sewer service lines are extended to the 10 new lots on the North side of the street. Imposing these engineering requirements prior to the 2nd phase and building permits to determine finished floor elevations prior to issuance of building permits will provide the City with sufficient assurance that conformity with required infrastructure improvement standards will be met. A proper drainage plan will be approved before any finther home construction in the plat occurs. Staff recommends approval of the revised preliminary plat and the final plat subject to the following conditions: 1. The applicant shall provide engineering plans for the water, sanitary sewer, and roadway improvements for the future Bella Vista Drive Cul -de -Sac for approval by the City Engineer prior to submission of the final plat and before approval of a construction permit. 2. A grading and drainage plan for the entire plat, including finished floor elevations for lots 1-11, shall be approved by the City Engineer prior to issuance of any building permits. A motion was made by Sims Norment, seconded by Austin Anthony to approve the preliminary plat with noted conditions. Motion carried 5-0. 8. Consideration of and action, on the Final Plat of Lots 1-12, .Block 188 of the .1: C. Miles Subdivision, LCAD Property ID 17005, located at 1415 SE 61h Street. Mack states this is the same presentation for final plat with noted conditions. A motion was made by Austin Anthony, seconded by Tylesha Ross to approve the final plat with noted conditions. Motion carried 5-0. 9. Discuss formation of P&Z sub -committee to address .Master Trails & Sidewalk Planning Project. Mack states this is a recommendation that this body appoint two commissioners to a sub- committee to create a master plan as part of an update to the City Comprehensive Plan. Mack is also requesting that city council appoint at least one council member as a liaison to this committee. 'There will be development staff as well as Parks and Trails involvement. The City is having continuous issues with effectively enforcing the requirements based on ordinance amendments recently adopted by the city. There has been a number of objectionable concerns due to different factors. The current ordinance does not allow for discretion so this needs to be re -visited for some flexibility. This is not a building code issue but rather a city enhancement. The value of sidewalks are not to be under stated in the community and the need for them. There just needs to be more of an integrated plan, something that we can review against to afford some flexibility where some instances may not make sense. The city can work through administrative standards to allow for exceptions. A resolution will by brought to City Council. A motion to appoint Commissioners Chad Lindsey and Francine Neeley to the P&Z sub- committee was made by Clifton Fendley and seconded by Sims Norment. 10. Request items for future agendas. No request at this time. 11. Adjournment There being no further business, the meeting was adjourned at 5:55 p.m. Item No. 7 Memorandum TO: Mayor, Mayor Pro Tem & City Council FROM: Grayson Path, City Manager SUBJECT: Cox Airport Taxiway Extension Design Engineering Agreement Hayter Engineering DATE: September 13, 2021 BACKGROUND: Earlier in 2021, City Staff met with developers interested in building new corporate -sized hangars at the Cox Airport. The issue is the Cox Airport is nearly maxed out for available space for hangars, especially of corporate size. The developers were interested in adding their hangars along the primary taxiway, but per FAA regulations you cannot access your hangar with your vehicle from the primary taxiway. In addition, our master plan has smaller access taxiways being built parallel to the primary taxiway for hangar and vehicular access. The developers were told that the City does not have the financial means of extending taxiways, therefore extension would be at their expense. We offered a reimbursement agreement in case others were to attach future hangars to the extension, but they have all decided to back out of this arrangement. STATUS OF ISSUE: Even though the developers all backed out, given the momentum we had during this process and having already engaged our Interim City Engineer, Hayter Engineering, in the process of planning this out for purposes of working with these developers, the City Manager would like to follow through and proceed with designing the taxiway extension in preparation for future development. We would like to design the access taxiway extension shown in the agreement document, which falls in line with our master plan (the exact location is not correct, but our master plan had the access taxiway too close to the primary taxiway anyways, so this is a better option). This way, whenever the City or future developers are ready to build, we will already have bid -ready design and specifications ready to go. Our drawing has been shown to TxDOT-Aviation and they are pleased with this and in agreement that it would be a great addition to our airport and helps provide good planning for future expansion at the airport for more hangars. We have approached Hayter Engineering to complete this process that they have already started for us under our City Engineer role to design and prepare for bidding. We will not bid it at this time, but rather have the design ready to go for when that day comes. BUDGET: Total cost to perform topographic surveying and design engineering is $15,820.00. The City has spoken with TxDOT-Aviation and we can use our 50/50 RAMP Funding to help pay for this, so the City's share of this expense will ultimately be $7,910.00. OPTIONS: 1. Approve the Professional Services Agreement with Hayter Engineering for Taxiway Design in the amount of $15,820.00 and authorize the City Manager to sign. 2. Request edits to the agreement and/or scope of service for this project. 3. Reject the agreement and/or project. RECOMMENDATION: 1. Approve the Professional Services Agreement with Hayter Engineering for Taxiway Design in the amount of $15,820.00 and authorize the City Manager to sign. Janice Ellis From: Grayson Path Sent: Thursday, August 19, 2021 3:01 PM To: Janice Ellis Cc: Derek Dacus; John Strahan Subject: City Council - 09/23/21 Attachments: Agenda Memo - Taxiway Extension Design Agreement - 09-13-2021.docx; Cox Field Taxiway Extension - Engineering Proposal - Final.pdf Janice, Please add to the 9/13/21 City Council meeting an agenda item to approve the Hayter Engineering agreement for taxiway design at the Cox Airport. I think we will place this under consent for the time being. You might look at my recommendation if it helps with wording the agenda item. Paul, I can explain more when we see each other on September 1st Thank you, Grayson Path City Manager City of Paris, Texas 135 SE 1st Street PO Box 9037 Paris, TX 75461 (903) 784-9202 OPEN RECORDS NOTICE: This email and any responses may be subject to the Texas Open Records laws and may be disclosed to the public upon request ITER E N G I N E E R I N G August 2, 2021 Grayson Path, City Manager City of Paris PO Box 9037 Paris, TX 75461 Re: Scope of Services for Civil Engineering Design for Cox Field Taxiway Extension Mr. Path, Thank you for giving Hayter Engineering the opportunity to provide a proposal to the City of Paris regarding the design for an extension to the taxiway at Cox Field Airport as generally shown in the attached site plan. This letter is to give an overview of the proposed scope and fee. Hayter Engineering will provide topographic surveying and civil design services for the construction of the taxiway extension as generally shown in the attached site plan. An outline of our proposed services is provided below. Topographic Surve 0 Topographic Surveying o Topographic surveying of the area for design purposes will be performed. • The survey will be performed using GPS equipment based on the NAD83 - TxNCF coordinate system. • The location and elevation of existing topographic features will be surveyed (buildings, pavement, and ground shots). Design Engineering Phase Services 0 Civil engineering and design plans preparation. o General 9 Site layout will be as shown in the attached layout. • Taxiway Extension • A new 740 -foot taxiway extension for hangar access is planned on the west side of existing Hangar A7 and connects back to Taxiway A. • A Geotechnical report will be completed to provide design recommendations for the cross section of the taxiway based on 30,000 lb aircraft loading. The design recommendations will be determined using FAA Pavement Design Method/FAARFIELD Software. • Grading/Storinwater • The site will be graded to follow the natural topography as much as possible while also conforming to the proposed taxiway. • Recommended finished floor elevations of the hangars will be provided. • Culverts will be sized for installation under the taxiway and also under the pavement connecting the new taxiway to the proposed hangars to convey the runoff which will be calculated using Rational method based on a specified storm event (as directed by City). • Contract Document Preparation Practical Infrastructure 4 445 SE Loop 286 I Parts, TX 75460 I haytereng coni • Local funding will be utilized. • City of Paris front-end documents will be used. • Technical specifications will be prepared, o An internal QA/QC will be prepared. o Review meeting with City, including addressing review comments. o Prepare final design opinion of probable construction cost for civil work. o Deliverables: Electronic copy of plans (dwg and pdf). Our proposed fee for the services is as listed below. Note that the time and expense items have an associated estimated fee based on the tasks listed above. Topographic Surveying $2,010 (time and expense) Design Engineering $13,8 10 (lump sum) Total $15,820 Any services that are not specifically listed in the above section but requested in writing will be billed at an hourly rate as shown in Exhibit A. Services/Items that are NOT included: • Bid & Award services; • Construction review services; • TxDOT Review and Coordination; • Record drawings; • Warranty review; • Additional meetings or site visits other than those listed above; • Public outreach such as meetings with concerned citizens; • Newspaper publishing fees; • Material testing services; • Archeological services; and • Environmental services. We can begin the services no later than 2 weeks of receipt of the signed Agreement for Professional Services. The design engineering can be completed and submitted within 3 months of receipt of a signed agreement. Thank you for the opportunity to present this proposal. The Agreement for Professional Services is attached to this letter. Please let me know if you have any questions. Sincerely, HAYTER ENGINEERING, INC. Kevin R. Vanhoozier, P.E. Project Manager Enclosures: Agreement for Professional Services 2 Hki"TER E N 0 1 N E E R I N G PROFESSIONAI., SERVICES AGREEMENT Date: August 2, 2021 Client: Grayson Path, City Manager City of Paris PO Box 9037 Paris, TX 75461 Email: gM L, 1 LI) n -'L Project Name/Location: Cox Field Taxiway Extension Scope/Intent and Extent of Services: Perform topographic surveying and engineering services outlined in Hayter E'neerin ope of services letter dated August 2, 2021. Fee Arrangement: 0 Hourly 0 Lump Sum: Retainer Amount: None * Hourly, Not To Exceed $ * Other See scope letter Information To Be Provided By C�fient. Access to airport for surveying purposes. See scope letter for additional information. _Special 1�s, Deadlines, CominentsEtc.�.S�eescopj letter for additional information. Offered By: HAYTER ENGINEERING, INC. ENGINEER Signature Date Michael J. Dorman, President Printed Name/Title Accepted By: CITY OF PARIS CLIENT Signature Date Grayson Path, City Manager Printed Name/Title The Terms and Conditions on the following page (�fthis form area part of this Agreement Practical Infrastructure 4445 SE Loop 286 1 Paris, TX 75460 1 haytereng,com �iM N&N Terms and Conditions 1. Information Supplied By Others: The ENGINEER shall be entitled to rely upon and use all such information and services provided by CLIENT or others designated by CLIENT in performing the ENGINEER'S services under this Agreement, without further verification by the ENGINEER. CLIENT shall ensure access for the ENGINEER to properties as necessary for performance of the ENGINEER'S work; provide legal counsel, accountants, insurance consultants, financial advisors or other similar specialists as required for the project; and provide all criteria and full information as to CLIENT'S requirements for the project. 2. Termination: This Agreement may be terminated by either party upon ten (1.0) days written notice. 3. Payment: ENGINEER may bill for services rendered monthly. All invoices are payable by CLIENT within 30 days. Hourly rate invoices shall include reimbursable expenses and labor charges. ENGINEER'S subconsultants shall be billed at ENGINEER'S cost plus a service charge equal to 5% of the subconsultants invoice amount. 4. Reuse of Documents: All documents prepared by the ENGINEER are instruments of service for this project only - they are not intended to be suitable for reuse on extensions of the Project, or on any other project. Any reuse without written verification or adaptation by the ENGINEER for the specific purpose intended will be at CLIENT'S sole risk and without liability to the ENGINEER. 5. Notices: Any notices to be given by either party to the other may be affected by personal delivery in writing or by registered or certified mail. 6. Entire Agreement: This instrument contains the sole and entire agreement between the parties relating to the right herein granted and the obligation herein assumed. 7. Texas Law to Apply: This Agreement shall be construed under and in accordance with the laws of the State of Texas and will be performable in Lamar County. 8. Legal Construction: If any one or more of the provisions contained in this Agreement shall for any reasons be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 9. Warranty: The ENGINEER intends to render its services under this Agreement in accordance with generally accepted professional practices for the intended use of the project and makes no warranty, either expressed or implied. Specifically, in this regard, the ENGINEER will endeavor to advise the CLIENT as construction, if any, progresses, but does not in any manner guarantee the performance of the construction contractors, nor is the ENGINEER liable in any manner for construction site safety or the means or methods employed by construction contractors in carrying out the work. 10. Indemnification: The CLIENT shall, to the fullest extent permitted by law, indemnify and hold harmless the ENGINEER, its officers, directors, employees, agents and subconsultants from and against all damage, liability and cost, including reasonable attorney's fees and defense costs, arising out of or in any way connected with the performance by CLIENT under this Agreement, excepting only those damages, liabilities or costs attributable to the sole negligence or willful misconduct of the ENGINEER. Likewise, ENGINEER shall indemnify and hold harmless CLIENT, its officers, directors, and agents from and against all damage, liability and cost, including reasonable attorney's fees and defense costs related to ENGINEER's performance under this Agreement. 11. Opinion of Probable Construction Cost: Any opinion of the probable construction or project cost prepared by the ENGINEER represents the judgement of a design professional and is supplied for the general guidance of the CLIENT. Since the ENGINEER has no control over the cost of labor and material, or over competitive bidding or over market conditions, the ENGINEER does not imply nor guarantee the accuracy of such opinions as compared to contractor bids or actual project costs to the CLIENT. 12. Limitation of Liability: In recognition of the relative risks, rewards and benefits of the project to both CLIENT and the ENGINEER, the risks have been allocated such that the CLIENT agrees that, to the fullest extent permitted by law, the ENGINEER'S total liability to the CLIENT for any and all injuries, claims, losses, expenses, damages or claim expenses arising out of this Agreement from any cause or causes, shall not exceed the available proceeds of any professional liability insurance coverage carried by Engineer. Such causes include, but are not limited to, the ENGINEER'S negligence, errors, omissions, strict liability, breach of contract or breach of warranty. 13. Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. In no event shall such statues of limitations commence to run any later than the date when the ENGINEER'S services are substantially completed. 14. Reference Communications: The Consultant may be required to render opinions about the performance or qualifications of others engaged or being considered for engagement by the Client. Those about whom opinions are rendered may, consequently, initiate claims against the Consultant. To help create an atmosphere in which the Consultant may freely report or express such opinions candidly in the interest of the Client, the Client agrees to indemnify and hold harmless the Consultant against all damages, liabilities or costs, including reasonable attorneys' fees arising from the rendering of such confidential opinions and reports by the Consultant to the Client. 15. The OWNER shall provide prompt written notice to the ENGINEER if the OWNER becomes aware of any fault or defect in the Project, including any errors, omissions or inconsistencies in the ENGINEER'S Instruments of Service. 16. In an effort to resolve any conflicts that arise during the design and construction of the Project or following the completion of the Project, the Client and the Consultant agree that all disputes between them arising out of or relating to this Agreement or the Project shall be submitted to nonbinding mediation. 17. Ownership of Documents: All documents prepared by ENGINEER are instruments of service for the specific project contemplated under this AGREEMENT. The ENGINEFRshall retain ownership of all reports, drawings, plans, specifications, electronic files, f eld data, notes and other documents and instruments prepared by the ENGINEER as instruments of service. The ENGINEER shall retain all common law, statutory and other reserved rights, including, without limitation, all copyrights thereto. Drawn by: DD Hangar Access Taxiway Exhibit All dimensions approximate. NTS Item No. 8 Memorandum TO: Mayor, Mayor Pro Tem & City Council FROM: Grayson Path, City Manager SUBJECT: Families First Coronavirus Response Act (FFCRA) Granting of Extension DATE: September 13, 2021 The Federal Government approved the FFCRA in response to the CoVid-19 Pandemic which required certain employers to provide their employees with paid sick leave and expanded family and medical leave for specified reasons related to CoVid-19. These provisions were in place from April 1, 2020 — December 31, 2020. While the federal requirements for this leave ended on 12/31/20, they recommended that employers voluntarily continue this leave for their employees given CoVid-19 was still a rampant issue in the country. The City Council agreed to extend the FFCRA Program two consecutive quarters, thus from January 1, 2021 through June 30, 2021. At the end of the second quarter, CoVid- 19 cases in the City and County were low enough to warrant ending the program. STATUS OF ISSUE: Despite the low CoVid-19 numbers we experienced this summer, with the addition of the new Delta CoVid- 19 variant, CoVid- 19 cases in the City and County have once again dramatically increased. The City is likewise seeing high numbers of employees getting sick and needing to quarantine away from work. While it was slow in the start of the third quarter, it has drastically picked up lately. In addition, the Governor's Mandate GA -38 disallows the City Manager to require facial coverings of his employees, therefore we are more vulnerable than we were a year ago. Because of this, it is requested that the City Council consider re -instating the CoVid-19 leave under the same terms and conditions as before. Between January 1, 2021 and June 30, 2021, 45 employees utilized the FFCRA. Since the program ended on June 30'h, we know of about ten employees who have been out with CoVid-19. This number has been increasing as of late and we expect it to continue to rise in the upcoming Fall and Winter months. While vaccinations —those who have taken it —have helped keep these cases mild, they do not prevent employees from catching CoVid- 19 and spreading it. We would propose a continuation of the program — for those employees who still have a balance of CoVid-19 leave in their 80 hour bank, if they get sick they be allowed to access this bank of hours before having to use their other accrued leave. Many employees have used their 80 hour bank from the FFCRA, but others have not. We would also request that this be made retroactive to July 1, 2021, the conclusion of the last extension. Any employee who was out with CoVid-19 during that period and would have had hours in the bank can have their leave reimbursed with FFCRA leave. We further recommend that this be extended through the end of the 2021 year. With this, we continue to strongly encourage all employees to take personal responsibility and accountability to keep themselves and their fellow employees healthy and safe. The City has been tracking the number of hours used under the FFCRA so that we could know when the 80 hour cap was reached and sick leave would need to be applied. At the time of the January 11, 2021 City Council Meeting, the City had seen 96 employees utilize 5,270.25 hours of FFCRA leave for a total of $88,395.23. Since that time, we have seen 45 employees utilize 1,941.25 hours of FFCRA leave for a total of $37,830.80. Our current leave ended on June 30th, and since that time over the last 2 months, CoVid-19 has surged and we have had approximately ten employees out of work due to quarantine or illness. Keeping sick employees home helps prevent ftirther cost with other employees getting sick, therefore we believe the extension of the FFCRA to be a worthwhile expense to encourage employees to stay home. 1. Extend the FFCRA Program to December 31, 2021, retroactive start to July 1, 2021, and make it available to any City employee who has a remaining unused hour bank of FFCRA leave. This is strictly an extension of the previous program and not a new bank of hours. 2. Do not extend, make changes, and/or request additional information. 1. Extend the FFCRA Program to December 31, 2021, retroactive start to July 1, 2021, and make it available to any City employee who has a remaining unused hour bank of FFCRA leave. This is strictly an extension of the previous program and not a new bank of hours. Item No. 9 I'll � �► ►� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF PARIS AND THE COUNTY OF LAMAR CONCERNING THE NORTHEAST TEXAS AUTO THEFT TASK FORCE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the County of Lamar and City of Paris desire to participate in a combined task force to expand the Northeast Texas Auto Theft Task Force funded by the Motor Vehicle Crime Prevention Authority (MVCPA) of the State of Texas, in the amount of ONE HUNDRED SEVENTEEN THOUSAND -EIGHT HUNDRED FIFTY SEVEN DOLLARS AND N0/100 ($117,857.00); and, WHEREAS, the County has agreed to contribute the total of $22,573.00 in matching funds if said grant application is approved; and, WHEREAS, the source of funds would not normally be used for this purpose; and, WHEREAS, the County and City believe it to be in their best interests to continue a muitijurisdictional MVCPA Task Force; and WHEREAS, the County and City agree to each accept the responsibility and to adhere to all applicable federal, state, and local laws or regulations. AOrf i_ f PARIS, TEXAS, THAT: Section 1. The findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That an Interlocal Agreement by and between the County of Lamar and the City of Paris to participate in a combined task force funded by the Motor Vehicle Crime Prevention Authority (MVCPA) of the State of Texas, in the amount of ONE HUNDRED SEVENTEEN THOUSAND -EIGHT HUNDRED FIFTY SEVEN DOLLARS AND NO 100/00 ($117,857.00) is hereby approved, and the City Manager is hereby authorized to execute same on behalf of the City. Section 3. That this resolution shall be effective from and after the date of passage. PASSED AND APPROVED this 13th day of September, 2021. Reginald B. Hughes, Mayor Pro -Tem Skylar Unger, Deputy City Clerk Stephanie H. Harris, City Attorney Internal Memo To: Paris City Council Grayson Path, City�MlanageN From: Richard Salter Jr.,Police tChief t Date: September7&,,2021 Re: Inter -Lova) Agreement betwebn,the Ci y`of Paris. and Lamar County Concerning the JNort6el ast Texas Auto/!' fteft Task+once nK BACKGROUND: �M _ ��? For several years the­Parit-Police Department f a`s­benefi(ed� f m he Texas Motor Vehicle Crime Preve�ion Au rity (MVGI?A)_Grant. Tl, bxa's Mbtor Vehicle Crime Prevention Authority , JM' I, PA): ex sts' io empower loca'I`law enforcement agencies and communities to combata5pn}td prevent statewrde motor vehicle crime`. The MVCPA is an evidence based, strategy fdnventAnd communjty=centric network fo support regional taskforces, improve coordinationdeploysequipment,and;.p ovide1clear messaging to end motor vehicle crime. The,AUthority seeks.to support�re'gi nal,'aand statewide law for= enforcement responses to,obtaiestoutcomes Texas; MVCPA fosters a statewide n b collaborative network to combat;motor vehicle burglaiy, motor vehicle theft and fraud - related motor vehicle crime. MVCPA also funds education campaigns to inform automobile owners of methods to prevent;or vehie burglary or theft. MVCPA 15 issues grants to law enforcement agencies NNOferred to as Taskforces) and educates the public to act and use prevention techniques to fulfill its mission. MVCPA uses the appropriated funds to provide effective coverage of the state through the cooperative network of law enforcement groups, prosecutors, insurance industry representatives, local tax assessor -collectors, and concerned citizens to combat motor vehicle crime through enforcement, prevention, public information, and education initiatives STATUS OF ISSUE: In an effort to expand the Northeast Texas Auto Theft Task Force, the Paris Police Department and Lamar County Sheriffs Office will collaborate on a full-time basis within this task force. Both agencies agree to accept the responsibility for their respective commitments outlined in the subject "Inter -Local Agreement", and to adhere to all applicable federal, state, and local laws or regulations, as well as all grant rules and conditions. The task force will be comprised of one Paris Police Department detective and one Lamar County Sheriff detective who will provide assistance to law enforcement agencies in a defined nine (9) county coverage area. The task force will adopt any auto theft or burglary of motor vehicle cases that is asked to do so by one of the agencies in the coverage area. The task force will conduct DMV68-A inspections-fer�tjhd-GoyeTge area, and assist DMV offices with investigations involving Title Fraud,; An FYr2022,,grantsaward of $117,857.00 has been approved by the MVCPA. Fyq� 6 �Lf The Paris Police Departments-reqOesti Cq�l Couhhcil�'- 'Ppr6V91-for the attached Inter -Local Agreement. BUDGET: There isn6i anticip e'dimpazt-t e budgee Polide Department. All monies received through the &int.,Wwi.I.�=,b�e expended as ollo—V s' Grant Budget summary: Ciq,, of Paris (App ID: 188) Budget Citegory xnrcl* Expenditures Cash ?Vlatch- Expenditures Total Expenditures-. In -Kind Match - Personnel $57,327 $0 157,5297 Fringe $0 $16,000 SJ6.000 Overtfih,e $0 S2,00o S2,000 Professional and Contradt Services, $50,714 $22..573 $79,287 Travel $2r000 $0 $2,000 Eqyfipment $3,000 $0 $5,000 Supplies and! Direct,OperafingExpenses t2;616 $0 "$2:616 $117,857 A30 4Reimbursement Percent: 74.39% - $117}85'7 M VCPAAmt / (Ii5J8,MO-MVCPAAmt. plus $40,573-CadiMa RECOMMENDATION: Conduct a public hearing and approve the resolution. Inter -local Agreement State of Texas This Agreement is entered into by and between the County of Lamar, a political subdivision of the State of Texas, hereinafter referred to as "County" and the City of Paris, a municipal corporation situated in Lamar County, Texas, hereinafter called "City" pursuant to the Inter -local Cooperation Act, Texas Government Code, Chapter 791. WHEREAS, the County of Lamar and City of Paris have the objective to participate in a combined task force funded by the Motor Vehicle Crime Prevention Authority (MVCPA) of the State of Texas, in the amount of $1117,857 for the Northeast Texas Auto Theft Task Force and, WHEREAS, the County has agreed to contribute the total of $22,573 in matching funds if said grant application is approved; and, WHEREAS, the source of funds would not normally be used for this purpose; and, WHEREAS, the County and City believe it to be in their best interests to continue a multirurisdictional MVCPA Task Force•, and WHEREAS, the Count and City agree to each accept the responsibility and to adhere to all applicable federal, state, and local laws or regulations ARTICLE I. PURPOSE 1 .01 The purpose of this Agreement is to allow the City (Grantee) to file an application for a grant with the Motor Vehicle Crime Prevention Authority (Agency), which application is attached hereto as Exhibit "A" and made a part hereof for all purposes. ARTICLE II. TERM 2.01 The term of this Agreement is to commence on September 1, 2021 and to end August 31, 2022. ARTICLE III. CONSIDERATION 3 .01 As consideration for this Agreement, the County (sub -grantee) agrees to contribute a total of $22,573 in matching funds for the enhancement of the funded grant program in the amounts and methods as follows: Item Description Amount Method Cash Paid/In Lieu of/In kind Detective's Benefits (County employee) $22,573 Fringe paid by County in lieu of match (Professional and Contractual Services Inter -local with County of Lamar MVCPA Grant 2021 Page I 1 ARTICLE IV. ALLOCATION OF FUNDS 4.01 The specific allocation of the County and City fund is set out in the attachment to this Agreement, marked as Exhibit "B", and made a part hereof for all purposes. ARTICLE V. EQUIPMENT 5 .01 Upon termination of this Agreement, equipment including vehicles, hardware, and other non -expendable items will revert to the applicant. The Motor Vehicle Crime Prevention Authority of the State of Texas will be notified and inventory records will be updated. ARTICLE VI. AMENDMENTS 6.01 This Agreement may be amended by the mutual agreement of the parties hereto in writing to be attached to and incorporated into this agreement. ARTICLE VII. LEGAL CONSTRUCTION 7.01 In the event anyone or more of the provisions contained in this Agreement shall be held to be invalid, illegal, or unenforceable in any respect such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 8 .01 In accordance with §783.005 of the Texas Government Code Grantee and sub -grantee shall comply with the following uniform assurances: Byrd Anti -Lobbying Amendment- Grantee certifies that no federal appropriated funds have been paid or will be paid to any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress on its behalf to obtain, extend, or modify this contract or grant. If non-federal funds are used by Grantee to conduct such lobbying activities, the prescribed disclosure form shall promptly be filed. In accordance with 31 U.S.C. § 1352(b)(5), Grantee acknowledges and agrees that it is responsible for ensuring that each sub -grantee certifies its compliance with the expenditure prohibition and the declaration requirement. Child Support Obligation- Grantee represents and warrants that it will include the following clause in the award documents for every sub -award and subcontract and will require sub -recipients and contractors to certify accordingly: Under Section 231.006 of the Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. A bid or an application for a contract, grant, or loan paid from state funds must include the name and social security number of the individual or sole proprietor and each partner, shareholder, or owner with an ownership interest of at least 25 percent of the business entity submitting the bid or application. Clean Air Act & Federal Water Pollution Control Act- Grantee represents and warrants that it will comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Compliance with Laws, Rules and Requirements- Grantee represents and warrants that it will comply, and assure the compliance of all its sub -recipients and contractors, with all applicable federal and state laws, rules, regulations, and policies in effect or hereafter established. In addition, Grantee represents and warrants that it will comply with all requirements imposed by the awarding agency concerning special requirements of law, program requirements, and other administrative requirements. In instances where multiple requirements apply to Grantee, the more restrictive requirement applies. Inter -local with County of Lamar MVCPA Grant 2021 Page ( 2 Contract Oversight- Grantee represents and warrants that it will maintain oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders. Contract Work Hours & Safety Standards Act- Grantee represents and warrants that it will comply with the requirements of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Cybersecurity Training Program- Grantee represents and warrants its compliance with § 2054.5191 of the Texas Government Code relating to the cybersecurity training program for local government employees who have access to a local government computer system or database. If Grantee has access to any state computer system or database, Grantee shall complete cybersecurity training and verify completion of the training program to the Agency pursuant to and in accordance with § 2054.5192 of the Government Code. Davis -Bacon Act and the Copeland Act- Grantee represents and warrants that it will comply with the requirements of the Davis -Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction") and the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874). Debarment and Suspension- Grantee certifies that it and its principals are not suspended or debarred from doing business with the state or federal government as listed on the State of Texas Debarred Vendor List maintained by the Texas Comptroller of Public Accounts and the System for Award Management (SAM} maintained by the General Services Administration. Debts and Delinquencies- Grantee agrees that any payments due under the contract or grant shall be applied towards any debt or delinquency that is owed to the State of Texas. Disaster Recovery Plan- Upon request of Agency, Grantee shall provide copies of its most recent business continuity and disaster recovery plans. Disclosure of Violations of Federal Criminal Law- Grantee represents and warrants its compliance with 2 CFR § 200.113 which requires the disclosure in writing of violations of federal criminal law involving fraud, bribery, and gratuity and the reporting of certain civil, criminal, or administrative proceedings to SAM. Disclosure Protections for Certain Charitable Organizations, Charitable Trusts & Private Foundations - Grantee represents and warrants that it will comply with Section 2252.906 of the Texas Government Code relating to disclosure protections for certain charitable organizations, charitable trusts, and private foundations. Dispute Resolution- The dispute resolution process provided in Chapter 2009 of the Texas Government Code is available to the parties to resolve any dispute arising under the agreement. Excluded Parties- Grantee certifies that it is not listed in the prohibited vendors list authorized by Executive Order No. 13224, "Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism", published by the United States Department of the Treasury, Office of Foreign Assets Control. Executive Head of a State Agency Affirmation- Under Section 669.003 of the Texas Government Code, relating to contracting with an executive head of a state agency, Grantee represents that no person who served as an executive of Agency, in the past four (4) years, was involved with or has any interest in the contract or grant. If Grantee employs or has used the services of a former executive of Agency, then Grantee shall provide the following information in the Response: name of the former executive, the name of the state agency, the date of separation from the state agency, the position held with Grantee, and the date of employment with Grantee. Inter -local with County of Lamar MVCPA Grant 2021 Page 13 Funding Limitation- Grantee understands that all obligations of Agency under the contract or grant are subject to the availability of grant funds. The contract or grant is subject to termination or cancellation, either in whole or in part, without penalty to Agency if such funds are not appropriated or become unavailable. Governing Law & Venue- This agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to the conflicts of law provisions. The venue of any suit arising under this agreement is fixed in any court of competent jurisdiction of Travis County, Texas, unless the specific venue is otherwise identified in a statute that directly names or otherwise identifies its applicability to the contracting state agency. Indemnification- to the extent permitted by law Grantee shall defend, indemnify and hold harmless the state of Texas and agency, and/or their officers, agents, employees, representatives, contractors, assignees, and/or designees from any and all liability, actions, claims, demands, or suits, and all related costs, attorney fees, and expenses arising out of, or resulting from any acts or omissions of Grantee or its agents, employees, subcontractors, order fulfillers, or suppliers of subcontractors in the execution or performance of the contract and any purchase orders issued under the contract. The defense shall be coordinated by Grantee with the office of the Texas Attorney General when Texas state agencies are named defendants in any lawsuit and Grantee may not agree to any settlement without first obtaining the concurrence from the office of the Texas Attorney General. Grantee and agency agree to fiunish timely written notice to each other of any such claim. Law Enforcement Agency Grant Restriction- Grantee on behalf of Northeast Texas Auto Theft Task Force is a law enforcement agency regulated by Chapter 1701 of the Texas Occupations Code, Grantee represents and warrants that it will not use appropriated money unless the law enforcement agency is in compliance with all rules adopted by the Texas Commission on Law Enforcement (TCOLE), or TCOLE certifies that it is in the process of achieving compliance with such rules. Legal Authority- Grantee represents that it possesses legal authority to apply for the grant. A resolution, motion or similar action has been duly adopted or passed as an official act of the Grantee's governing body, authorizing the filing of the Response, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative, or the designee of Grantee to act in connection with the Response and to provide such additional information as may be required. Lobbying Expenditure Restriction- Grantee represents and warrants that Agency's payments to Grantee and Grantee's receipt of appropriated or other funds under the contract or grant are not prohibited by Sections 403.1067 or 556.0055 of the Texas Government Code which restrict lobbying expenditures No Conflicts of Interest State- Grantee represents and warrants that performance under the contract or grant will not constitute an actual or potential conflict of interest or reasonably create an appearance of impropriety. Further, Grantee represents and warrants that in the administration of the grant, it will comply with all conflict of interest prohibitions and disclosure requirements required by applicable law, rules, and policies, including Chapter 176 of the Texas Local Government Code. If circumstances change during the course of the contract or grant, Grantee shall promptly notify Agency. No Waiver of Sovereign Immunity- The Parties expressly agree that no provision of the grant or contract is in any way intended to constitute a waiver by the Agency or the State of Texas of any immunities from suit or from liability that the Agency or the State of Texas may have by operation of law. Inter -local with County of Lamar MVCPA Grant 2021 Page 14 Open Meetings- Grantee represents and warrants its compliance with Chapter 551 of the Texas Government Code which requires all regular, special or called meeting of a governmental body to be open to the public, except as otherwise provided by law. Texas Public Information Act- Information, documentation, and other material in connection with this Solicitation or any resulting contract or grant may be subject to public disclosure pursuant to Chapter 552 of the Texas Government Code (the "Public Information Act"). In accordance with Section 2252.907 of the Texas Government Code, Grantee is required to make any information created or exchanged with the State pursuant to the contract or grant, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the State. Reporting Compliance- Grantee represents and warrants that it will submit timely, complete, and accurate reports in accordance with the grant and maintain appropriate backup documentation to support the reports. Records Retention State Grant- Grantee shall maintain and retain all records relating to the performance of the grant including supporting fiscal documents adequate to ensure that claims for grant funds are in accordance with applicable State of Texas requirements. These records will be maintained and retained by Grantee for a period of four (4) years after the grant expiration date or until all audit, claim, and litigation matters are resolved, whichever is later. Agency reserves the right to direct a Grantee to retain documents for a longer period of time or transfer certain records to Agency custody when it is determined the records possess longer term retention value. Grantee must include the substance of this clause in all sub -awards and subcontracts. Reporting Suspected fraud and Unlawful Conduct- Grantee represents and warrants that it will comply with Section 321.022 of the Texas Government Code, which requires that suspected fraud and unlawful conduct be reported to the State Auditor's Office. State Auditor's Right to Audit- The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. The acceptance of funds directly under the contract or indirectly through a subcontract under the contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, an entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. Sub -award Monitoring- Grantee represents and warrant that it will monitor the activities of the sub -grantee as necessary to ensure that the sub -award is used for authorized purposes, in compliance with applicable statutes, regulations, and the terms and conditions of the sub -award, and that sub -award performance goals are achieved. ARTICLE X. FINANCIAL ADMINISTRATION 10.01 In accordance with §783.006 of the Texas Government Code Standard Financial Management Conditions the prescribed are applicable to all grants and agreements executed between affected entities: Financial reporting- Accurate, current, and complete disclosure of the financial results of grant related activities must be made in accordance with the financial reporting requirements of the grant. Accounting records- Grantee will maintain records, which adequately identify the source and application of funds, provided for grant related activities. These records will contain information pertaining to grant awards and obligations, unobligated balances, assets, liabilities, outlays or expenditures, and income. Inter -local with County of Lamar MVCPA Grant 2021 Page 15 Internal control- Effective control and accountability will be maintained for all grant cash, real and personal property, and other assets. Grantee will safeguard all such property and assure that it is used for authorized grant purposes. Page Budget control- Actual expenditures will be kept within budgeted amounts for each grant. Allowable cost- Applicable cost principles, agency program regulations, and the terms of grant agreements shall be followed in determining the reasonableness, acceptability, and distribution of costs. Source documentation- Accounting records must be reconciled by source documentation as checks, paid bills, payroll records, receipts, timesheets, travel vouchers, and other records, etc. These source documents must be retained and made available for MVCPA staff when requested. Cash management- Grantee will establish reasonable procedures to ensure the receipt of reports on cash balances and cash disbursements in sufficient time to enable them to prepare complete and accurate cash transactions reports to the awarding agency. Reimbursement Grant- All expenditures reported will be based on actual amounts paid and documented. Reporting budgeted amounts or estimated costs as expenditures are not permitted and if used may result in payment suspension and possible termination of the grant. Costs Incurred outside the Program Period- Grant funds may not be obligated prior to the effective date without written permission of the MVCPA director or subsequent to the termination date of the grant period. All obligations must be consistent with the Statement of Grant Award and used for statutorily authorized purposes. ARTICLE XI. COMPLIANCE 11 .01 Grantee and sub -grantee will comply with state law, program rules and regulations and the Statement of Grant Award. In addition, Grantee and sub -grantee represents and warrants that it will comply with all requirements imposed by the awarding agency concerning special requirements of law, program requirements, and other administrative requirements. Information, guidance and program rules can be found in the Motor Vehicle Crime Prevention Authority Grant Administrative Manual and if not found in the administrative manual then grantee and sub -grantee must follow the Texas Grant Management Standards maintained under the authority of the Texas Comptroller of Public Accounts. These grant management standards are used by the Motor Vehicle Crime Prevention Authority in the administration of the MVCPA grant program. Sub -grantee Monitoring and Management- The local government must monitor the activities of the sub- grantee as necessary to ensure that sub -award performance goals are achieved and the sub -award is used for authorized purposes, in compliance with state law, rules, and the terms and conditions of the sub -award. Monitoring of the sub -grantee must include: (1) Reviewing financial and performance reports required by the local government. (2) Following-up and ensuring that the sub -grantee takes timely and appropriate action on all deficiencies pertaining to the sub -award provided to the sub -grantee from the local government detected through audits, on- site reviews, and other means. (3) Issuing a management decision for audit findings pertaining to the sub -award provided to the sub- grantee from the local government as required. ARTICLE XII. ENTIRE AGREEMENT 12.01 This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof, and no other agreement, statement, or promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding upon all parties. Inter -local with County of Lamar MVCPA Grant 2021 Page 16 EXECUTED IN DUPLICATE ORIGINALS, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL, EFFECTIVE SEPTEMBER 1, 2021. City of Paris by: Grayson Path, City Manger Date Signed Chief Richard Salter, Chief of Police County of Lamar by: Brandon Bell, County Judge Date Signed F.VVM Scott Cass, Lamar County Sheriff Inter -local with County of Lamar MVCPA Grant 2021 Page 17 MOTOR VEHICLE CRIME PREVENTION AUTHORITY FY22 Motor Vehicle Crime Prevention Authority Budget Category Statement of Taskforce Grant Award and Grantee Acceptance Notice Grant Number: 608-22-1390200 Grant Award Amount: $117,857 Grantee: City of Paris Total Cash Match Amount: $40,573 Program Title: Northeast Texas Auto In -Kind Match Amount: -0- Theft Task Force Reimbursement Percent*: 74.39% Grant Term: September 1, 2021 to August 31, 2022 $0 That whereas, City of Paris (hereinafter referred to as Grantee), has heretofore submitted a grant application in response to the Request for Application issued on May 3, 2021 to the Motor Vehicle Crime Prevention Authority, State of Texas, entitled Northeast Texas Auto Theft Task Force, and further identified by grant number 608-22-1390200; and Whereas, the Motor Vehicle Crime Prevention Authority has approved the grant application as evidenced by this FY22 Statement of Grant Award and certain special requirements from the Motor Vehicle Crime Prevention Authority dated September 1, 2021; and Whereas, the Grantee desires to accept the FY22 grant award and use all funds for purposes and in compliance with the following requirements that are adopted in their entirety by reference: • Texas Transportation Code Chapter 1006; • Texas Administrative Code: Title 43; Part 3; Chapter 57; • Texas Grant Management Standards (TxGMS) as promulgated by the Texas Comptroller of Public Accounts including TxGMS Standard Assurances by Local Governments and Standards for Financial and Program Management; • The Request for Applications issued on May 3, 2021; • The current Motor Vehicle Crime Prevention Authority Grant Administrative Manual and forms and subsequently adopted grantee instruction manuals and forms; • The Final Adopted Application attached to this Statement of Grant Award; and • ThP AnnrnvPrl C-rrant Rmiget Summary: Grant Budget Summary: City of Paris (App ID: 188) Budget Category MVCPA Expenditures Cash Match Expenditures Total Expenditures In -Kind Match Personnel $57,527 $0 $57,527 Fringe $0 $16,000 $16,000 Overtime $0 $2,000 $2,000 Professional and Contract Services $50,714 $22,573 $73,287 Travel $2,000 $0 $2,000 Equipment $5,000 $0 $5,000 Supplies and Direct Operating Expenses (DOE) $2,616 $0 $2,616 Totals $117,857 1 $40,573 $158,430 *Reimbursement Percent: 74.39% - $117,857-MVCPA Amt/ $158 430-MVCPA Amt. plus $40,573 -Cash Match FY22 MVCPA Statement of Grant Award and Grantee Acceptance Page 1 of 2 Now, therefore, the Grantee accepts the FY22 Statement of Grant Award under the conditions above including the special requirements in the grant application and the State nent of Grant Award as evidenced by this agreement, executed by the official authorized to q. ign the original grant application, or the official's designated successor, as presiding officer o and on behalf of the governing body of this grantee; and The Motor Vehicle Crime Prevention Authority has awarded the above -referenced gr t subject to the availability of state funds. The approved budget is reflected in the above Approved Grant Budget Summary. This grant is subject to and conditioned upon the acceptance of the MV CPA Grant Administrative Guide promulgated for this specific program fund (referenced ab e) by the Motor Vehicle Crime Prevention Authority. Applicable special conditions are listed below. Special Conditions and Requirements (MVCPA will only apply special conrtrons to applicable jurisdictions): X Resolution Required — Grantee must submit an adopted and executed solution meeting all requirements of the MVCPA Request for Applications issued May 3, 2021. Once the Grantee adopts a resolution meeting the RFA and state rules, the resolution must be submitted inte the on-line grant application system for FY2022. The original resolution submitted with this FY22 grant did not cite Transportation Code 1006 as required by the MVCPA. X Intelligence Sharing - The grantee is required to ensure that Law Enforc ment personnel funded in whole or in part by this grant actively participate in Law Enforcement intelligence sharing webinars and Motor Vehicle Crime Investigator Virtual Command Centers organized and pron toted on behalf of the MVCPA program operation and statewide collaboration. X Multi -agency grant - The grantee is required to complete and maintain i all participating subgrantees as required by law and TxGMS. The grantee must c monitor and ensure grant compliance of subgrantees. The grantee must maintain document compliance with that plan. X Multi -agency Grant Operational Plan — The grantee is required to pr( describing the communication process with participating and coverage jurisdict must include how meetings are held, how often, and whether meetings are held grantee must report meetings in quarterly progress reports. APPROVED AND ACCEPTED BY: Au orized O cial Printed Name and Date Signed local agreement with )lete a process to process locally and de an operational plan is. The operational plan person or remotely. The FY22 MVCPA Statement of Grant Award and Grantee Acceptance I Page 2 of 2 9/1/2021 MVCPA Taskforce Grant Negotiation FY22 City G of Paris Final Adopted Application City of Paris Taskforce Grant Negotiation for Fiscal Year 2022 The Application was submitted by Richard Salter at 9/11202110:47:40 AM and is now locked. The confirmation Number is 2021090100188. Primary Agency I Grantee Legal Name: City of Paris Organization Type: Law Enforcement Organization ORI (if applicable): 7X1390200: PARIS PD (AE) Program Title Please enter a short description of the proposed program that can be used as the title. Northeast Texas Auto Theft Task Force Application Category (See Request for Applications [RFA] for category details and descriptions RFA Priority Funding Section): New Grant - FY22 is the first year of the MVCPA Taskforce, Grants. All FY22 grant applicants use the new grant category. MVCPA Program Category (see RFA and TAC 43, 3 §57.14). Check all that apply. • Law Enforcement, Detection and Apprehension • Prosecution, Adjudication and Conviction Taskforce Grant Participation and Coverage Area Provide a General Description of the Participating and Coverage Area of this Grant Application The task force will be comprised of one Paris Police Department detective and one Lamar County Sheriff detective who will provide assistance to law enforcement agencies in the nine (9) counties under the coverage area. The task force will adopt any auto theft or burglary of motor vehicle cases that is asked to do so by one of the agencies in the coverage area. The task force will conduct DMV 68-A inspections for the coverage area, and assist DMV offices with investigations involving title fraud. Define in the tables below the grant relationships and geographic area of the taskforce: Applicant will add the participating and coverage agencies from the ORI list below. If an agency is not in the ORI list, please include the agency and role in the general description above. Make sure to follow the definitions below and select an agency in the dropdown. Use the Add as Participating Agency or Add as Coverage Agency button to populate the list. Participating Agencies are agencies that materially participate in the grant application through the exchange of funds for reimbursement and cash match. Participating agencies are defined after the grant award by interlocal/interagency agreements. Each applicant must select their own agency first. Then select agencies that will receive or provide funding and/or resources. [Note: Interlocal/interagency agreements do not need to be submitted with the application. Interlocal agreements will need to be executed prior to the first payment being made if selected for a grant. Letters of support with the application from the participating agencies are strongly recommended.] Coverage Agencies are agencies that provided some level of coverage, assistance or support by this grant application but will not materially exchange funds as cash match or reimbursement. The coverage is not supported by an after the award with interlocal/interagency agreements. Coverage agencies as law enforcement agencies may have jurisdictional coverage agreements unrelated to the grant (Ex. City Y is within County X or vice versa). Agencies selected in this list include agencies that will be covered or where the agency indicates that their agency will coordinate or call upon the taskforce. Letters of support with the application from the participating agencies are strongly recommended. Participating Agencies Coverage Agencies TX1390000 LAMAR CO SO TX0190000 BOWIE CO SO TX1390200 PARIS PD (AE) TX0190100 DE KALB PD TX0190300 NASH PD TX0190400 NEW BOSTON PD TX0190500 TEXARKANA PD hftps://mvcpa.tamu.edu/Negotiation/TFGPrintApplication.asp?AppiD=l 88&FiscalYear--2022 1112 9/1/2021 MVCPA Taskforce Grant Negotiation TX0190600 WAKE VILLAGE PD TX0190800 HOOKS PD (AE) TX0600000 DELTA CO SO (AE) TX0740000 FANNIN CO SO TX0740100 BONHAM PD TX0910000 GRAYSON CO SO (AE) TX0910100 COLLINSVILLE PD TX0910200 DENISON PD TX0910300 POTfSBORO PD (AE) TX0910400 SHERMAN PD TX0910500 VAN ALSTYNE PD (AE) TX0910600 WHITESBORO PD TX0910700 WHITEWRIGHT PD TX0911000 HOWE PD TX0911800 GRAYSON CO COLL PD (AE) TX0911900 AUSTIN COLLEGE PD TX0912100 TIOGA PD TX0912200 SOUTHMAYD PD TX1120000 HOPKINS CO SO TX1120100 CUMBY PD TX1120200 SULPHUR SPRINGS PD TX1160000 HUNT CO SO (AE) TX1160200 COMMERCE PD TX1160300 GREENVILLE PD (AE) TX1160600 TEX A&M -COMMERCE PD (IBR TX1160700 CADDO MILLS PD TX1161300 WEST TAWAKONI PD (AE) TX1390400 PARIS JR COLL TX1391000 RENO PD TX1940000 RED RIVER CO SO TX1940100 CLARKSVILLE PD TX1940300 BOGOTA PD (AE) TX2250000 TITUS CO SO TX2250100 MOUNT PLEASANT PD Resolution: Complete a Resolution and submit to local governing body for approval. Sample Resolution is found in the Request for Application or send a request for an electronic copy to grantsMVCPA@txdmvgov. The completed and executed Resolution must be attached to this on-line application. Grant Budget Form MVCPA recommends that the applicant complete the total costs (MVCPA and Cash Match combined) for this program. The applicant can then enter the desired amount of Cash Match (not less than 20% per TAC Title 43, A§57.36). The system will then calculate the correct grant and match amounts. Budget Entry Option: Enter MVCPA and Cash Match Amounts Budget Category Personnel Fringe Overtime Professional and Contract Services Travel Equipment Supplies and Direct Operating Expenses (DOE) Total Detective Total Personnel Cash Match Percentage Description Subcategory Personnel Investigator/LEO https://mvcpa.tamu.edu/Negotiation/TFGPrintApplication.asp?ApplD=188&FiscalYear=2022 2/12 Cash MVCPA Match Total In -Kind Expenditures Expenditures Expenditures Match $57,527 $0 $57,527 $0 $16,000 $16,000 $0 $2,000 $2,000 $50,714 $22,573 $73,287 $2,000 $0 $2,000 $5,000 $0 $5,000 $2,616 $0 $2,616 $117,857 $40,573 $158,430 34.43% Pct MVCPA In -Kind Time Funds Cash Match Total Match 100 $57,527 $0 $57,527 100 $57,527 $0 $57,527 https://mvcpa.tamu.edu/Negotiation/TFGPrintApplication.asp?ApplD=188&FiscalYear=2022 2/12 91112021 Description Detective Total Fringe Detective Total Overtime Lamar County Detective Lamar County Detective Total Professional and Contract Services Detective Lamar County Detective Total Travel License Plate Readers Total Equipment MVCPA Taskforce Grant Negotiation $50,714 $0 Pct MVCPA Subcategory Time Funds Cash Match Total Fringe fringe Investigator/LEO $0 $16,000 $16,000 $73,287 $0 $16,000 $16,000 Overtime Law enforcement In- $1,000 $0 Investigator/LEO $0 $2,000 $2,000 $0 $2,000 $2,000 Professional and Contract Services Investigator/LEO - 100 $50,714 $0 $50,714 personnel Investigator/LEO - 100 $0 $22,573 $22,573 fringe 200 $50,714 $22,573 $73,287 Travel Law enforcement In- $1,000 $0 $1,000 State Law enforcement In- $1,000 $0 $1,000 State $2,000 $0 $2,000 Equipment $5,000 $0 $5,000 $0 $0 $5,000 $0 $5,000 Supplies and Direct Operating Expenses (DOE) Fuel $2,000 Officer Supplies $616 Total Supplies and Direct Operating Expenses (DOE) Budget Narrative $0 $0 $0 $2,000 $616 $2,616 In -Kind Match A. Personnel The salary will provide for a City of Paris Detective assigned to the program the ability to devote 100% of his time for the purposes of investigating motor vehicle thefts , burglary of vehicles, identifying stolen vehicles , and identifying prolific offenders. The detectives will also be committed to assist other agencies in the program coverage area with the same types of investigations, and help educate the public on prevention methods. B. Fringe The City of Paris will pay the fringe benefits of the detective which will include: 1. Federal Income tax @ 7.65% 2. Social Security tax @6.2% 3. Health Care $565 month 4. Medicare @1.45% 5. Long term Disability Insurance @0.17% 6. Life Insurance $5.85 month 7 Workers Compensation @ 1.044% 8. Retirement @ 7.15% C. Overtime The City of Paris will provide the cost of overtime in the amount of $2,000 to unsure that the program is operational at all times. This will include time needed to support investigations for auto theft related crimes, and hold public awareness events. D. Professional and Contract Services The salary will provide for a Lamar County Sheriffs Detective assigned to the program the ability to devote 100% of his time for the purposes of investigating motor vehicle thefts , burglary of vehicles, identifying stolen vehicles , and identifying prolific offenders. The detectives will also be committed to assist other agencies in the program coverage area with the same types of investigations, and help educate the public on prevention methods. Lamar County Sheriffs Office will pay the fringe benefits of the detective which will include: 1. Federal Income tax @7.65% 2. Retirement @14.45% 3. Insurance @ $10,000 flat rate 4. Medicare @ 3.43% 5. Workers Compensation @0.33% E. Travel Travel funds will be used to offset the cost of training, tuitions, per diem , and housing for both City of Paris and Lamar County Detectives. F. Equipment hfps:tlmvcpa.tamu.edutNegotiation/TFGPrintApplication.asp?ApplD=188&FiscalYear-2022 3112 9/1/2021 MVCPA Taskforce Grant Negotiatilon Budget Narrative Automatic License Plate Readers will be used to help identify and recover stolen motor vehicles by the Task Force. The LPRs wil help the citizens ofthe State ofTexas byincreasing the recovery rate nfstolen vehicles. These are stationary cameras supplied and leased by vendor Flock Safety. The lease of the cameras are $2,500 per year for each camera. G. Supplies and Direct Operating Expenses (OC>E) Fuel cost reimbursement will help offset the cost ofthe task Force being b| borespond toall parts cfthe program anaa The fuel cost |sbased onanaverage of$1G6.00omonth toallow investigators tntnave|andconduoto rot in participatingareas. Office mupp|ieoouohospdnterink.papor.ondohemica|ouoedbmoonductedDMVSO-4inapocUone.ThauemoostuareeoUmmtadad$51.0O amonth. Revenue Indicate Source of Cash and In -Kind Matches for the proposed program. Click on links to go to match detailpages for entry ofdata. Source of Cash Match Fringe Grantee $16,000 Fringe Subgrantee $22.573 Overtime Grantee $2.000 Total Cash Match $40,573 Statistics to Support Grant Problem Statement Reported Cases 2019 2020 Motor Vehicle Theft Burglary from Motor Vehicle Fraud -Related Motor Vehicle Crime Motor Vehicle Theft Burglary from Motor Vehicle Fraud -Related Motor Vehicle Crime Lamar Co 70 161 0 94 163 0 Bowie Co 130 0 0 135 0 '0 Application Narrative Grant Introduction (Executive Summary) and General Information 1.1Briefly describe the organization and program operation. Provide mhigh level summary tnthe application and how itwill affect the local community. (5OOwords nrless) The Northeast Texas Auto Theft Force is a small two-man task force covering a large (9) nine county coverage area that is mainly rural in compositioril' est population of 475,060 2019 UCR). The Task Force will be comprised of a City of Paris detective, and a Lamar County Sheriffs Office detective. The detectives commonlywork with investigators with Red River, Fannin, Titus, Hunt, and Hopkins counties. The coverage area is comprised of (5) five counties that border Texas and Oklahoma. Task force detectives maintains a good working relationship with Oklahoma authotities ( Choctaw Co, Bryan Co, McCurtain Co, Oklahoma Highway Patrol, and Thbal Police) to help recover stolen vehicles/ trailers transported out of Texas into Oklahoma. Both task force detectives are full time licensed peace officers. The Senior Detective has a total of 19yrs in law enforcement and 1.2 Describe the taskforce governing, organization and command structures. Include a description of the nature of support and agreements that will be in place if the grant is awarded. Provide any details unique to the taskforce organization or geographical target area. Describe whether any part of this grant will be directed to serve a specific target population (or subset of the 9/1/2021 MVCPA Taskforce Grant Negotiation The Northeast Texas Auto Theft Force is a two-man task force coveting (9) nine county coverage area. The City of Paris Detective - Task Force Commander is supervised by the City of Paris Criminal Investigation Division which consist of a Captain, Detective Lieutenant, and a Detective Sergeant The Task Force Commander reports directly to the Detective Lieutenant who monitors the daily activities, and reports to the Criminal Investigation Division Captain. The Lamar County Detective will be directly supervised by the Chief Deputy who reports the Sheriff of Lamar County. The City of Paris Detective will be assigned cases from the Criminal Investigation Division Captain, and the Lamar County Detective will be assigned cases from his Chief Deputy. Both Detectives will combine efforts with other cases in the program area that are not from their home agencies, and jointly work cases from each others home agencies as needed. The Northeast Texas Auto Theft Task Force has been able to retain highly trained auto climes investigators who have been assigned to the task force since 2011. The detectives have developed professional relationships with law enforcement agencies, citizens, business owners, and industries inside and out of the coverage area. The task force maintains these working relationships and continues to develop new ones with the rising community growth. The City of Paris and the Lamar County Sheriff command staff acknowledges the Detectives experience, ability, and need to conduct operations throughout the program coverage area with little to no supervision. It is the intent of the Northeast Auto Theft Task Force, through this application, to continue to serve the citizens of our community and state by canying out the following programs made possible by Motor Vehicle Crime Prevention Authority. The task force investigators devote majority of their time to locate and recover stolen vehicles, conduct investigations, prepare cases for prosecution, and arresting persons responsible for committing these type offenses. The detectives are also involved with educating the public through community events, presentations, and distribution of literature to help teach the public how to limit the possibility of being a victim. The detectives also make routine inspections on salvage yards, auto repair shops, metal recyclers, and conduct DMV 68-A inspections to help reduce the amount stolen vehicles being transferred. The program has positive effected the community of law enforcement as well as the citizens. Law enforcement agencies from Texas DPS, Sheriffs Offices, District Attorney's Offices, and local municipal police departments the Northeast Texas Auto Theft Task Force that can help with identification of vehicles and assisting with preparing a case for prosecution. The citizens know they have knowledgeable detectives with their best interests in mind. Who can assist them with recovering their property, and helping them through the DMV registration process. Continuing this program is an asset to the public as well as the law enforcement community. Grant Problem Statement 2.1 Provide an assessment of the burglary from a motor vehicle (including theft of parts) problem in the coverage area of this application. Include loss data consistent with the reported incident numbers above. The participation area of the program for the Northeast Texas Auto Theft Task Force ( Lamar Co and its municipalities) had a total of 161 burglary of motor vehicles reported in 2019 with total loss of $90,350 (UCR) and 163 in 2020 with a total loss of $99,159 (UCR). The majority of these climes are committed in residential neighborhoods, apartment complexes, and large parking lots. These climes are random and typically the suspects search for unlocked vehicles. Security cameras have captured several suspects being dropped off by a vehicle in a neighborhood and walking the streets searching for unlocked vehicles. The suspects will travel to different areas quickly, making it difficult to predict locations where the climes will occur. During these climes personal items, money, personal identification, and firearms are most frequently taken. There are incidents where keys are left in a vehicle, resulting in a theft of a motor vehicle. Suspects use the stolen vehicles, personal identification, and firearms to commit other crimes as well. The task force detectives have interviewed arrested burglary suspects and learned that some suspects are only looking for firearms. These firearms are sold, traded for narcotics, and used to commit other violent climes. In Burglary of motor vehicle climes suspects also take financial information to commit identity theft. In 2019 through 2020 the Northeast Texas Auto Theft Task Force combined with Homeland Security conducted an investigation where suspects were identified and arrested associated with the Felony Lane Gang. This gang originated from Florida, but travel the United States committing burglary of motor vehicles solely to take personal and financial information. Dubbed the Felony Lane Gang since they use the furthest lane at banks to cash forged checks using stolen identities taken from vehicles. The information stolen has also been used to purchase vehicles as well to register the vehicle under a victim's name to avoid detection. 2.2 Provide an assessment of the motor vehicle theft problem in the coverage area of this application. Include loss data consistent with the reported incident numbers above. The program coverage area consist of (9) counites Bowie, Red River, Lamar, Fannin, Grayson, Hunt, Hopkins, Delta, and Titus. There is a combined est. population of 475,060(per 2019UCR). The coverage area mainly consist of rural areas, but does have a few larger cities such as Texarkana, Sherman, Greenville, Sulphur Springs, Mount Pleasant, and Paris. There were a total of 721 motor vehicle thefts reported in 2019 ( UCR) and 823 reported in 2020(UCR). That is an approximate 14% increase in the number of auto thefts. NICB reported as of 2019 Texarkana is ranked #152 and Sherman is ranked #197 in the nation for auto thefts. These numbers do not include trailer thefts, ATV thefts, farm equipment, and water craft thefts. These type thefts are problematic in these areas due to the geographical area. The Items stolen are commonly transported to Oklahoma to avoid detection because of the lack of state registration requirements in Oklahoma. Trailer thefts are prevalent in the program area due to the amount of rural farm land, and the false sense of security by the residents. ATVs, farm equipment, and trailers are often recovered with the public identification number removed. It is necessary to have qualified investigators with the ability and knowledge to identify those items to get them recovered for the citizens. It is also necessary to have qualified investigators with the ability and knowledge to identify burned and dismantled vehicles to help counter insurance fraud and chop shop operations. https:Hmvcpa.tamu.edu/NegotiationrrFGPrintApplication.asp?ApplD=l 88&FiscalYear--2022 5112 9!1!2021 MVCPA Taskforce Grant Negotiation 2.3 Provide an assessment of the fraud -related motor vehicle crime problem in the coverage area of this application. Include loss data consistent with the reported incident numbers above. The program coverage area has not had a reportable amount of motor vehicle fraud related crimes. There have been fraud attempts in the program coverage area that may have been covered under the theft statute . The crimes that are referenced is where local dealerships have had subjects attempt to purchase motor vehicles through the Internet by means of fraudulent information. The during these investigations the Task Force has worked with other law enforcem, ent agencies as well other Task Forces to detain and arrest the individuals responsible. The subjects are charged with theft, and the identify theft victim usually files the identity Theft with their local jurisdiction. The Task Force has learned that the subjects that are taken into custody are usually not the mastermind behind the criminal acts, and that there is a larger network of the criminal element behind these type crimes. 2.4 Provide an assessment of motor vehicle crime not covered above like insurance fraud, preventing stolen vehicles from entering Mexico, bridge/port stolen vehicle export crime, disruption of cartels and organized criminal enterprises related to motor vehicle crime, etc... Another issue to the theft of motor vehicles in the program area is insurance fraud. The insured person will either burn the vehicle themselves or hire another to destroy the vehicle. The insured person will then report the vehicle as stolen to their local agency in order to collect an insurance payment. These crimes occur when a person is not financially able to pay for the vehicle, in another financial hardship, or the vehicle has serious mechanical issues. The task force is frequently contacted by agencies in the program area to assist in these type investigations. Whether to identify the vehicle burned or dismantled, interview the victiml suspect, prepare search warrants, and or present the cases for prosecution. Insurance fraud is in an upward trend, even in the rural areas, which may be related to economic problems. The task force has also used informants to infiltrate criminal enterprises running chop shops. Due to the geographical area of the program coverage areas, a large number of stolen vehicles are transported from the Dallasl Ft Worth area into the program area. The task force coordinated with the local agencies to recover stolen vehicles, arrest persons responsible, and assist in the preparation of cases for prosecution. Grant Goals and Activities There are two parts to this section: 1) Functions of Proposed Program and 2) Goals Strategies and Activities (GSA). In the following boxes, describe the functions of the proposed program and then complete a fellable form called GSA. MVCPA programs must completely describe the actions, methods and tactics that law enforcement and civilian staff will perform for each of the categories below. Describe the reliance on technology or other program elements to solve the problem statement above and goals below. Functions must be detailed and consistent with the requested budget. If a grant is awarded, funds expended towards activities not described in this section will result in the reimbursement being denied. Part 'I 3.1 Functions of the proposed program related to burglary from a motor vehicle (including theft of parts) It is the intent of the Northeast Auto Theft Task Force, through this application, to continue to serve the citizens of our community and state by carrying out the following programs made possible by Motor Vehicle Crime Prevention Authority. The task force investigators devote majority of their time to locate and recover stolen vehicles, conduct investigations, prepare cases for prosecution, and arresting persons responsible for committing these type offenses. The task force investigators have a network of investigators in the program area who share information on burglary of motor vehicles, and trends on other auto theft related crimes. The information shared among these investigators help develop suspect information, recover stolen property, and help coordinate ways to reduce the burglaries .Since burglary of motor vehicles usually is a random occurring crime, and it's difficult to predict where the crime will occur, the task force uses as bait vehicle in areas frequently victimized to help identify suspects. The task force also uses license plate readers to help locate and identify suspect vehicles traveling to and from areas where the crimes occurred. The task force conducts active surveillance when possible, to attempt to capture the suspects in the act of committing the burglaries. The task force conducts random salvage yard, metal recycling, auto repairshop, and salvage dealer inspections to help deter auto parts thefts. The task Force works with local auto dealerships to help prevent parts thefts from vehicles on their lots. The task force also communicates with local businesses to recovered security footage to assist in the identification of suspects. The task force will assist any agencies with investigations that involve burglary of motor vehicles, theft of auto parts, and motor vehicle thefts. The task force will apply the MVCPA values of investigations, identifying burglary suspects, communicating and collaborating across jurisdictions, identifying prolific burglary offenders, business support, use of technology, and Interrupting organized criminal networks and enterprises. 3.2 Functions of the proposed program related to motor vehicle theft. The Northeast Texas Auto Theft Task Force dedicates majority of its time investigating motor vehicle thefts, and identifying stolen vehicles. The task force has developed a large network with other investigators in program area as well as otherjurisdictions hfps:Iimvcpa.tamu.eduiNegotiationtTFGPrintApplication.asp?ApplD=188&FiscalYear-2022 6112 9/1/2021 MVCPA Taskforce Grant Negotiation throughout the State of Texas and Oklahoma. The task force detectives use several approaches to combat auto theft. Another approach is to help train new investigators, patrol officers, and supervisors on things to look for on identifying a possible stolen vehicle or tools used to commit auto theft. The task force also uses license plate readers and has access to license plate readers placed throughout the coverage area to identify and locate stolen vehicles. These devices are monitored and used on a regular basis by the task force. The task force detectives also use the license plate readers to enter suspect vehicle information to alert local patrol officers of known suspect vehicles in a particular area. This helps detectives and patrol officers respond to the area to deter or prevent a crime from being committed. The task force detectives also use a bait car system, mainly for burglaries, to help identify suspects. It's has been a trend in the program area for suspects to burglarize a motor vehicle, i locate the spare keyJfob, and then steal the motor vehicle. The stolen vehicle is then used to commit other burglaries or thefts before being discarded. The task force will work with the District Attorneys to identify prolific offenders, prepare case files, and assist with collecting evidence to present to the courts. The task force will assist any request from the program area to help identify burned, dismantled, altered vehicles ( including trailers). The task force will also assist with the processing of the same articles for the collection evidence purposes. The task force conducts random salvage dealer, metal recycling yard, and conducts DMV68-a inspections to combat auto theft as well. The task force collaborates and communicates with other task forces to compare trends in auto theft. The task force also communicates with other jurisdictions inside the program area to develop a plan of action to combat these trends, and combat the organized criminal networks responsible for auto thefts. The task force will work with local businesses by helping them develop procedures to prevent auto theft and unknowingly facilitating auto theft. The task force will apply the MVCPA values of investigations, identifying auto suspects, communicating and collaborating across jurisdictions, identifying prolific burglary offenders, business support, use of technology, and Interrupting organized criminal networks and enterprises. 3.3 Functions of the proposed program related to fraud -related motor vehicle crime (such as title and registration fraud) The task force detectives keep a good working relationship with the tax assessor offices in the program area. The task force detectives try to meet with the employees or contact them by phone to get answers to changing DMV requirements in order to maintain knowledgeable on the title and registration requirements. The task force detectives frequently disseminate the information collected to local and area patrol officers to educate them on security changes to titles and registrations. Task force detectives conduct DMV 68-A inspections in order to help identify fraudulent title transactions, registration fraud, stolen , and cloned stolen vehicles. In 2019 the task force conducted 599 DMV 68-A inspections and 506 for 2020. This service is offered by the task force for the program area, and sometimes outside the program area if the service is not available to that area. The task force has also worked with local dealerships to educate them on how to detect and minimize the possibility of receiving fraudulent infonnation from a potential customer for the purchase of a vehicle. The task force has worked several cases where dealerships sells a vehicle over the phone or intemet and the purchaser uses stolen information ( identity theft). The dealership then will ship the vehicle to the suspect, not knowing that information was fraudulent until after the suspect takes possession of the vehicle. The task force also educates the public about purchasing a vehicle through the intemet or social media and receiving a fraudulent title. This has been a growing trend throughout the state where stolen vehicles are being sold with a fraudulent tile to unsuspected buyers. The task force will continue to work these type cases, but has found that most of the time these offenses originated in another jurisdiction or state. 3.4 Functions of the proposed program related to preventing motor vehicle crime (motor vehicle theft, burglary from a motor vehicle and fraud -related motor vehicle crime) The Northeast Texas Auto Theft Task Force detectives feel that the first thing in preventing a crime is to educate the citizens how not to become a victim. The task force will place ads, literature, conduct speaking events, attend community events, and place signage in highly trafficked areas to help educate and remind the public of the importance of securing their belongings and locking their vehicles. It has been the experience of the task force detectives that most people feel secure in their homes and property. This leads to complacency in some cases where the person forgets or feels there is no need to lock their vehicle and homes, Thus leading to suspects taking advantage of the victim by burglarizing their vehicles, homes, and stealing their motor vehicle. The task force detectives believe educating the public on ways to prevent these type crimes will help reduce the amount of burglary of motor vehicles, theft of firearms, theft of auto parts, identity theft, and theft of motor vehicles. The task force detectives will continue to coordinate with program area law enforcement agencies, N/CB, DPS, Oklahoma law enforcement, as well task forces across the state to identify trends in burglary of vehicles, auto parts thefts, vehicle fraud cases, and theft of motor vehicles. The task force will continue conduct covert operations, deploy bait vehicles, bait trailers, and continue the use of the license plate reader system currently in place in the participating area. The task force will continue to educate the public in how to research a vehicle in order to avoid a title fraud incident, and to educate the public on the services available to them to avoid purchasing a stolen vehicle. 3.5 Functions of the proposed program for other motor vehicle crimes investigations and activities consistent with the statutory hftps:/imvcpa.tamu.edu/NegotiationfTFGPrintApplication.asp?ApplD=188&Fisca1Year=2022 7/12 9/112021 MVCPA Taskforce Grant Negotiation requirements (preventing stolen vehicles from entering Mexico, stopping illegal export of stolen vehicle from bridge/ outbound port operations, disruption of cartel or organized criminal enterprises using stolen motor vehicles or fraud related motor vehicle crime, insurance fraud, etc...) The program area is not located near or around U. S. border or a port of entrylexit. The program area does have (5) five counties along the Texas and Oklahoma border where stolen property frequently enters and leaves the state. The task force detectives will continue to have a working relationship with Oklahoma State and local law enforcement as well the area Tribal Police. These relationships will strengthen the ability to identify criminal organizations, offenders, and recover stolen vehicles and property from vehicles. The Northeast Texas Auto Theft Task Force spends majority of its time investigating auto thefts, burglary of motor vehicles, building criminal cases and arresting suspects committing these offenses. investigations of these type cases sometimes leads to an investigation into insurance fraud, identity theft, false reports, and arson. The task force detectives will continue to work with NICB investigators, insurance companies, District Attorney's offices, and DMV investigators to help deter and prosecute offenders who commit insurance and title fraud. The task force detectives will continue to use information from informants, local law enforcement, covert operations, and surveillance operations to identify organized criminal organizations who frequently use or steal motor vehicles as part of their criminal organization. This includes those organizations who commit burglaries of motor vehicles to obtain personal identification, then use that information to purchase a vehicle fraudulently, as well as include those organizations who sell a stolen vehicle using fraudulent vehicle and title information. 3.6 Collaboration Effort -- Describe the taskforce method to collaborate, and not duplicate existing activities. Describe the cross boundaries regional approach to grant activity implementation. Describe how the applicant staff and jurisdiction will coordinate with other taskforces and law enforcement agencies to implement this program. The Northeast Texas Auto Theft Task Force have established relationships with local, state, federal, Oklahoma Statehocal, and Tribal Police agencies and are often contacted for our services. The task force detectives are often asked to assist when there are stolen lburned tdismantled vehicles, stolen trailers, ATVs, or farming equipment involved. The task force detectives are often contacted to assist in the execution of search warrants where the above items are believed to be located. During these operations stolen vehicles, motor vehicle component parts, ATVs, trailers, and fraudulent documents have been located. The task force is not overlapped by any other task force, but does keep a working relationship with other task forces throughout the state. This is to provide information and assistance to their task forces as well as to assist the Northeast Texas Auto theft Task Force. The task force will assist other agencies and task forces with the collection and procession of evidence, obtaining information on possible suspects located in our program area, and the detection and locating stolen vehicles and property. The task force has and will work with other funded task forces with covert operations occurring in their program areas. The task force also maintains a relationship with local and regional DMV offices and supervisors to assist them with their needs. 3.7 If the proposed application requests any exceptions or deviation from any general grant rules, RFA conditions or grant administrative policy, please indicate in the section below. Indicate the section of the specific issue and citation that you are asking the MVCPA to consider and the rational for the request. Not Applicable Part 11 Goals, Strategies, and Activities Select Goals, Strategies, and Activity Targets for the proposed program. Click on the link above and select the method by which statutory measures will be collected. Law Enforcement programs must also estimate targets for the MVCPA predetermined activities. The MVCPA board has determined that grants programs must document specific activities that are appropriate under each of the three goals. Applicants are allowed to write a limited number of user defined activities. ID Activity Measure Statutory Motor Vehicle Theft Measures Required for all Grantees. 1.1.15 Increase the recovery rate of stolen Report the number of vehicles recovered by taskforce motor vehicles 1.1.16 Increase the clearance rate of motor Report the number of motor vehicle theft cases cleared vehicle thefts 1.1.17 Increase the number of persons Report the number of persons arrested for motor vehicle theft by taskforce arrested for motor vehicle theft Statutory Burglary of a Motor Vehicle Measures Required for all Grantees 2.1.12 Increase the clearance rate of motor Report the number of burglary cases cleared vehicle burglaries 2.1.13 Increase the number of persons Report the number of persons arrested for burglary by taskforce arrested for motor vehicle burglary Target https://mvcpa.tamu.edu/NegotiationrrFGPrintApplication.asp?ApplD=188&FiscalYear=2022 8112 91112021 MVCPA Taskforce Grant Negotiation ID Activity Measure Target Statutory Fraud -Related Motor Vehicle Crime Measures Required for all Grantees 8.1.1 Increase the clearance rate of fraud- Report the number of fraud -related motor vehicle cases cleared related motor vehicle crime cases. 8.1.2 Increase the number of persons Report the number of persons arrested for fraud -related motor vehicle crimes arrested for fraud -related motor vehicle crimes. Measures for Grantees. Add Target values for those that you will measure. 1 Goal 1: Reduce the Incidence of Motor Vehicle Theft through Enforcement Strategies 1.1 Strategy 1: Conduct Activities that Result in the Arrest, Clearance, and Recoveries of Motor Vehicle Theft 1.1.1 Identify groups of auto theft Number of groups identified 3 offenders through intelligence gathering, crime analysis and the use of informants 1.1.2 Identify and document/record prolific motor vehicle theft offenders [Prolific is defined as "linked to MVT offenses three or more times"] 1.1.5 Conduct inspections of local businesses related to vehicle enterprise (transportation code or occupation code authorized companies such as salvage yard, repair shop, parts recycling center, used car dealership, salvage rebuilder, title service company, other). (see 1.3 for number of vehicles inspected in these businesses) 1.1.6 Conduct bait vehicle operations that target motor vehicle theft offenders 1.1.8 Deploy license plate readers (LPR) 1.1.9 Respond to taskforce license plate reader (LPR) alert notifications 1.1.12 Conduct covert operations targeting motor vehicle theft offenders 1. 1.13 Conduct warrant "round -up" operations targeting motor vehicle crime offenders, including people wanted for motor vehicle thefts, motor vehicle burglaries, theft of vehicle parts and motor vehicle fraud related crime. Number identified/documented offenders Number of businesses inspected Number of bait vehicle deployments Number of times LPR deployed. Deploy: If stationary unit then total number of days or partial days unit was operable and on. Mobile unit number of days the unit was on and operable. Number of times investigators responded to taskforce LPR alert notifications regardless of whether vehicle was located Number of covert operations Number of operations 1.2 Strategy 2: Conduct Collaborative Efforts that Result In Reduction of Incidents of Motor Vehicle Theft 1.2.1 Provide Agency Assists for MVT and Number of agency assists related to MVT. Assist means responding or motor vehicle related fraud answering questions via phone, e-mail, or in person. Providing recommendation, guidance, strategy, support or information that other LEOs will use to resolve their cases. The assist generally does not have the direct responsibility for an investigation nor uses LEO authority. The assist helps another LEO or agency investigate cases. Analysts and civilian employees will record their assists to outside LEOs and agencies met here along with officers. 1.2.2 Collaborate with other units or Number of times collaborated within departments or SOs participating in divisions (i.e. homicide, vice, taskforce related to MVT. Collaboration means physically using law narcotics, etc.) within the taskforce enforcement resources, tactics and authority to perform activity on cases department(s) where a motor that draw upon or aid in the investigation intended to further the resolution vehicle was used in the commission of any case, identify parties to crime, identify vehicles, interview of the crime (includes identification witnesses/suspects and apprehend suspects. Collaboration will include of vehicles). Include all participating any help, recommendation, contribution or support requested from or jurisdiction departments here. provided to another unit or offered by the taskforce that aids in the furtherance of auto theft investigations. 5 0 5 10 5 0 0 50 10 hftps://mvcpa.tamu.edu/NegotiationrrFGPrintApplication.asp?ApplD=188&FiscalYear=2022 9112 9/1/2021 MVCPA Taskforce Grant Negotiation ID Activity Measure Target 1.2.3 Collaborate with all other outside LE Number of times collaborated with coverage area agencies or other law 10 agencies and other organizations enforcement agencies and organizations that assist in the reduction of motor [Prolific is defined as "linked to BMV that assist in the reduction of motor vehichle thefts. Collaboration means physically using law enforcement vehicle thefts. Include all coverage resources, tactics and authority to perform activity on cases that draw times"] jurisdictions here. upon or aid in the investigation intended to further the resolution of any Number of businesses inspected (see Goal 5 for number and value of parts 5 businesses related to vehicle case, identify parties to crime, identify vehicles, interview enterprise (transportation code or witnesses/suspects and apprehend suspects. Collaboration will include companies such as salvage yard, any help, recommendation, contribution or support requested from or repair shop, parts recycling center, provided to another unit or offered by the taskforce that aids in the rebuilder, title service company, furtherance of auto theft investigations. other). 1.2.5 Conduct intelligence information- Number of intelligence meetings attended (include attending as presenter, 5 sharing (Personal attendance) participant or attendee) 1.2.6 Conduct intelligence information- Crime analysis bulletins disseminated (include information distributed to law 10 sharing (Written information) enforcement agencies via text, e-mail, or intra -net communications) 1.3 Strategy 3: Prevent and Reduce the Incidence of Motor Vehicle Related Fraud Activities 1.3.1 Collaborate with agencies relating to Number of collaborations 2 investigation and enforcement of vehicle insurance fraud 1.3.2 Conduct 68(A) inspections (for Number of vehicles inspected to complete a 68A inspection form per TxDMV 250 TxDMV assignment or reassignment (VIN assignment, reassignment, bonded title) of VIN) 1.3.3 Conduct VIN verification inspections. Number of vehicles inspected 50 (All other reasons except bridge or port) 1.3.4 Coordinate with TxDMV/Tax Offices Number of collaborations with TxDMV HQ, TxDMV Regional Service Centers or 5 relating to investigation and County Tax Assessor Collector offices. enforcement of fraudulent titles and registration of stolen vehicles 2 Goal 2: Reduce the Incidence of Theft from Motor Vehicles through Enforcement Strategies 2.1 Strategy 1: Conduct Activities that Result in the Arrest, Clearance, and Recoveries of Burglary of Motor Vehicles and Theft of Vehicle Parts and Accessories 2.1.1 Conduct bait vehicle operations that Number of bait vehicle burglary deployments 5 target vehicle burglary offenders 2.1.2 Identify "prolific BMV offenders" Number of offenders identified 3 through informants and intelligence [Prolific is defined as "linked to BMV and theft of vehicle parts and accessories offenses three or more times"] 2.1.4 Conduct inspections of local Number of businesses inspected (see Goal 5 for number and value of parts 5 businesses related to vehicle recovered) enterprise (transportation code or occupation code authorized companies such as salvage yard, repair shop, parts recycling center, used car dealership, salvage rebuilder, title service company, other). 2.1.7 BMV related cases presented to Report the total number of BMV related cases presented to prosecutor(s) where 5 prosecutor there was an incidence of theft from motor vehicles (includes criminal complaints for BMV, Theft, theft of parts or other cases directly tied to MVCPA statute of motor vehicle burglary and economic motor vehicle theft as defined in MVCPA statute) 2.2 Strategy 2: Conduct Collaborative Efforts that Result in the Reduction of Incidents of Theft From a Motor Vehicle 2.2.1 Provide Agency Assists BMV. Number of agency assists related to BMV or stolen parts. Assist means 10 responding or answering questions via phone, e-mail, or in person. Providing recommendation, guidance, strategy, support or information that other LEOs will use to resolve their cases. The assist generally does not have the direct responsibility for an investigation nor uses LEO authority. The assist helps another LEO or agency investigate cases. Analysts and civilian employees will record their assists to outside LEOs and agencies met here along with officers. https:Hmvcpa.tamu.edu/NegotiationrrFGPrintApplication.asp?ApplD=188&FiscalYear=2022 10/12 91112021 MVCPA Taskforce Grant Negotiation ID Activity Measure Target 2.2.2 Collaborate with other units or Number of times collaborated within departments or SOs participating in 10 divisions within the taskforce taskforce related to BMV or stolen parts. Collaboration means physically department(s) (i.e. homicide, vice, using law enforcement resources, tactics and authority to perform activity narcotics, etc.) where burglary of a on cases that draw upon or aid in the investigation intended to further the motor vehicle or theft of parts resolution of any case, identify parties to crime, identify vehicles, interview occurred in the commission of the witnesses/suspects and apprehend suspects. Collaboration will include crime (includes identification of any help, recommendation, contribution or support requested from or vehicle). Include all participating provided to another unit or offered by the taskforce that aids in the jurisdiction departments here. furtherance of auto theft investigations. 2.2.3 Collaborate with all other outside LE Number of times collaborated with coverage area agencies or other law 10 agencies and other organizations enforcement agencies and organizations that assist in the reduction of BMV or where burglary of a motor vehicle stolen parts. Collaboration means physically using law enforcement or theft of parts occurred in the resources, tactics and authority to perform activity on cases that draw commission of the crime (includes upon or aid in the investigation intended to further the resolution of any identification of vehicle). Include all case, identify parties to crime, identify vehicles, interview coverage jurisdictions here. witnesses/suspects and apprehend suspects. Collaboration will include any help, recommendation, contribution or support requested from or provided to another unit or offered by the taskforce that aids in the furtherance of auto theft investigations. 3 Goal 3: Educate/Train Citizens and Qualified Personnel in Detection and Prevention of Motor Vehicle Theft, Burglary of Motor Vehicles and Theft of Vehicle Parts and Accessories 3.1 Strategy 1: Conduct Public Awareness Related Activities Used to Educate Citizens 3.1.1 Conduct educational outreach Number of outreaches 4 events (include trade show, exhibits, booths at community events, vehicle displays, brochures, etc.) 3.1.2 Conduct educational presentations Number of presentations. Presentation means in person, on-line, original written 1 to the public document, article, or webpage. 3.1.4 Conduct vehicle identification Number of etching events 0 initiative/event 3.1.4.1 Conduct vehicle identification Number of Participants/Attendees (Vehicles Marked) 0 initiative/event 3.1.5 Purchase advertisements in local Number of advertisements purchased 0 outlets 3.1.6 Conduct vehicle report card Number report cards issued 0 initiatives. 3.1.7 utilize social media outlets Number of postings in social media outlets 10 (Facebook, Twitter, Instagram, etc.) 3.1.8 Deploy outdoor public notification Number of deployments per month (if sign remains several months, count as 1 0 signage deployment per month) 3.1.10 Conduct media outreach, including, Number of outreaches 4 public service announcements, press releases, and interviews 3.2 Strategy 2: Conduct Law Enforcement Training Activities to Educate Officers on Recognition and Apprehension of Stolen Vehicles and Property 3.2.1 Conduct law enforcement training Number of classes (TCOLE) 3.2.3 Conduct vehicle crimes Number of classes or presentations. Presentations may include electronic roll call presentations to law enforcement documents, shift BOLOs and other written or presented materials based on local agencies (non TCOLE) practices. Grant Evaluation 4.1 Describe the local method and/or practice used to collect the data for reporting Goals, Strategies, and Activities and to evaluate the grant program effectiveness. Describe management and staff participation. Include descriptions of systems (forms and software) that will be used to ensure reliable and accurate data is collected and reported. Describe any other evaluation methods used in the applicant agency to determine effectiveness or cost efficiency of the program. The Task Force is comprised of only (2) two Detectives. Theses Detectives assigned to the criminal investigative division of the Paris Police Department, and Lamar County Sheriff's Offrce . The Task Force uses data in the City of Paris Computer Information System, Lamar County Report Management System, and the IBR numbers provided through the systems. Both Detectives are assigned cases by their Criminal Investigation Divisions, and these cases are tracked and kept up with for evaluation and reporting to the grant management system. Both report management systems can be researched and audited to determine the number of cases assigned, referred to prosecutors, and arrests made. The systems are designed to be able to give a complete and precise (as possible) numeric account of the crimes related to auto theft and burglary of motor vehicles. Through task force meetings with investigators and command staff the data collected will be validated to ensure that investigators are meeting their target, and that the information hftps://mvcpa.tamu.edu/NegotiafonfrFGPrintApplication.asp?ApplD=188&FiscalYear=2022 11/12 9/112021 MVCPA Taskforce Grant Negotiation reported to MVCPA is accurate and complete. 4.2 Provide any other suggested measures that would better reflect the law enforcement or prevention work that the proposed program will perform. If the suggested measure fits into one of the stated goals above please indicate. The Task Force will continue to assist all agencies in the coverage area with investigating auto theft, title fraud, insurance fraud, theft of auto parts, theft of trailers, theft of fanning equipment, and burglary of motor vehicles. The Task will continued to educate the public and other law enforcement agencies on ways to help reduce the above listed crimes. TXGMS Standard Assurances by Local Governments 0 We acknowledge reviewing the TxGMS Standard Assurances by Local Governments as promulgated by the Texas Comptroller of Public Accounts and agree to abide by the terms stated therein. Current Documents in folder Grant Review and Negotiation Document.pdf (8/17/2021 12:32:58 PM) Letter of Support.docx (6/30/2021 1:09:28 PM) Letter of Suppart.pAf (7/6/2021 1:20:04 PM) Resolution.p—df (6/30/2021 1:06:34 PM) Certifications The certifying official is the authorized official, Richard Salter, Chief of Police. By submitting this application I certify that I have been designated by my jurisdiction as the authorized official to accept the terms and conditions of the grant. The statements herein are true, complete, and accurate to the best of my knowledge. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. By submitting this application I certify that my jurisdiction agrees to comply with all terms and conditions if the grant is awarded and accepted. I further certify that my jurisdiction will comply with all applicable state and federal laws, rules and regulations in the application, acceptance, administration and operation of this grant. TxDMV - MVCPA, ppri.tamu.edu C 2017 hftps://mvcpa.tamu.edu/NegotiationrrFGPrintApplication.asp?ApplD=l 88&FiscalYear--2022 12/12 Item No. 10 Memorandum TO: Mayor, Mayor Pro Tern & City Council FROM: Grayson Path, City Manager SUBJECT: Archers for Christ Lease Agreement Lake Crook DATE: September 13, 2021 In 2016, the City Council authorized a lease agreement renewal with Archers for Christ for leasing land along the southern, western and northern edges of Lake Crook (Exhibit A). Archers for Christ uses this land for archery target shooting and bow hunting activities. They are responsible for maintaining the property and coordinating with the City for various activities and events. Speaking with City Staff, it has been a very good relationship without any issues. STATUS OF ISSUE: The existing lease agreement, signed in 2016, provided for a 5 year lease with an optional 5 year renewal on October 1, 2021. The existing lease would otherwise terminate September 30, 2021. City Staff have reviewed and are recommending not only a renewal, but a new five year lease with another five year renewal option. The new lease would extend from October 1, 2021— September 30, 2026 with an optional five year renewal beyond that. All other terms and conditions in the 2016 lease agreement remain the same. MUM This is a $0.00 lease agreement. Archers for Christ maintains this vast stretch of City Property in return for leasing the land. They also are responsible for listing the City as additional insured in their insurance policies. 1. Lease the land in Exhibit A to Archers for Christ for a new five (5) year agreement with an optional five (5) year renewal afterwards. 2. Lease the land in Exhibit A to Archers for Christ as a renewal of the 2016 Lease Agreement, which will terminate September 30, 2026. 3. Request edits and/or additional information. 4. Reject options #1 and #2 and do not lease the land to Archers for Christ. 1. Lease the land in Exhibit A to Archers for Christ for a new five (5) year agreement with an optional five (5) year renewal afterwards. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING AND APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF PARIS AND ARCHERS FOR CHRIST FOR THE USE OF CERTAIN PROPERTY AROUND LAKE CROOK; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris did heretofore, on the 22nd day of August, 2016, in Resolution No. 2016-029, authorize the execution of a Lease Agreement with Archers for Christ for property located at Lake Crook; and, WHEREAS, the 2016 Lease Agreement with Archers for Christ, and the addendums thereto will expire on September 30,2021; and WHEREAS, Whereas, the Archers for Christ organization has been a good steward of the City property at Lake Crook for many years and many residents of Paris and Lamar County have enjoyed target shooting and bow hunting at the Lake Crook property through their affiliation with Archers for Christ, and WHEREAS, Archers for Christ has requested the City to renew and extend their lease of the Lake Crook property for an additional five year term with an option for a five year renewal; and WHEREAS, the City Council deems it appropriate to enter into a Lease Agreement with the Archers for Christ for the property adjacent to and around Lake Crook, Paris, Lamar County, Texas. In the form attached hereto as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the Lease Agreement between the City of Paris and Archers for Christ, for the property around Lake Crook the form of which is attached hereto as Exhibit "A", be, and the same is hereby, approved for a period commencing October 1, 2021 and ending September 30, 2026. Section 3. The City Manager is hereby authorized to execute the Agreement and all other documents in connection therewith on behalf of the City of Paris, substantially according to the terms and conditions set forth in the Agreement. Section 4. That this resolution shall be effective from and after its date of PASSED AND ADOPTED this 131h day of September, 2021. Reginald B. Hughes, Mayor Pro -Tem F.1yam Skylar Unger, Deputy City Clerk Stephanie H. Harris, City Attorney ilrv�w+n•+Ma•1rYdwWFww�w'�wnww'Y►�Wi'—'—'•w�•�W '�'+""'�'�w �g ►ll IL v SO ofIN pus ,s P• OWN OU •'VIN, .-�. If S 1: . - - . -.10# : a ■ IN a .44 CL a a as .im C MM t.14 M t.. tx to LEASE AGREEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR § This Lease Agreement is made and entered into by and between the CITY OF PARIS, TEXAS a home rule municipal corporation, acting by and through its Mayor duly authorized, hereinafter referred to as LESSOR or City, and ARCHERS FOR CHRIST of Paris, Lamar County, Texas, a non-profit organization acting by and through its President duly authorized, hereinafter referred to as LESSEE or Archers. WITNESSETH: For and in consideration of the mutual promises and covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, LESSOR, does hereby lease, rent and let unto LESSEE, that certain public property surrounding and adjacent to Lake Crook, City of Paris, Lamar County, Texas as more particularly depicted in the Lake Crook Hunting Map attached hereto and incorporated herein as Exhibit 'W', specifically the property identified as Area Numbers: One, Two, Four, Five, and Six, on the map may be used for archery target shooting, bow hunting and special archery related events or tournaments ("Leased Premises"). 1. TERM. A. initial Term. The initial term of this Lease Agreement shall be for a five year period commencing October 1, 2021 and ending September 30, 2026; provided, however, LESSOR shall have the right and privilege at its option to terminate this lease agreement, in whole or in part, as to all or a portion of the Leased Premises, for any reason upon the giving LESSEE thirty (30) days written notice. B. Renewal Option. Upon the expiration of the Initial Term, unless terminated earlier M as provided above, the Lease Agreement may be renewed for an additional five-year term upon mutual agreement of LESSOR and LESSEE ("Renewal Term"). Z. COVENANTS. A. LESSEE shall, at its sole cost and expense, maintain an archery target shooting course and bow hunting area on the Leased Premises and LESSEE shall maintain all roadways and parking areas to serve the same in accordance with this Agreement and City Ordinances. B. LESSEE shall also maintain at its sole cost and expense, all gates and fences on the Leased Premises in a safe and secure condition and LESSEE shall post appropriate signage at all entrances or access points leading into the Leased premises identifying Archers for Christ as LESSEE and providing contact information (including phone number) for persons seeking information. C. LESSEE may restrict access to the Leased Premises from the first Saturday in October through the first Saturday in January each year for bow hunting season. Signs will be posted at all gates and access points leading into the Leased Premises, warning the public that archery/bow hunting is in progress and to contact LESSEE prior to entering the area for their own safety. During hunting season and during authorized LESSEE events, no motorized vehicles, other than those of the LESSOR or the LESSEE, will be allowed access into the Leased Premises. These vehicles will be used for performing maintenance on the Leased Premises and for target setup, tournament transportation, and other related activities of LESSEE. Only official LESSOR vehicles or LESSEE authorized vehicles and their All Terrain Vehicles ("ATVs") will be allowed on the paths or roads during hunting season. D. LESSEE shall be responsible for managing and supervising the Leased Premises and IWA providing a safe environment for all users and/or visitors of the Leased Premises during the term of this Lease Agreement and any renewals thereof. E. Membership in the Archers for Christ Archery Club shall remain open to anyone interested in or involved in archery and game conservation. LESSEE shall not discriminate against any person because of race, religion, sex, age, disability, national origin, or on the basis of any other discriminatory standard; provided, however, LESSEE may impose reasonable requirements incident to membership, such as payment of reasonable dues, safety and skills assessment, and minimum attendance requirements at AFC tournaments, or the like. F. LESSEE shall post along all boundaries of Leased Premises appropriate signage to inform and to warn all users, visitors and the public at large of the activities taking place on the Leased Premises and any danger associated with these activities. The signs shall also include contact information with name and phone number of LESSEE'S authorized representative. G. LESSEE agrees to release, defend, indemnify, and hold LESSOR, its elected officials, officers and employees harmless from and against any and all demands, debts, liabilities, suits, claims and causes of action of every kind and character whatsoever for damage or injuries to persons and/or property occurring on the Leased Premises resulting from LESSEE'S, its invitees, agents, servants or employees use of the Leased Premises, and LESSOR shall not be liable to LESSEE, its invitees, agents, servants, employees or visitors due to the condition of the Leased Premises or improvements located thereon, or hereafter constructed, or any other condition of the Leased Premises being improperly constructed, maintained or being or becoming out of repair, LESSEE hereby waiving any defects therein and agrees to —3— hold and save LESSOR harmless from all claims for any such damages or injuries, and LESSEE must at all times during the term of this agreement, and any extensions thereof, keep and maintain in full force and effect a policy or policies of insurance, providing at least $500,000.00 per occurrence and $1,000,000.00 aggregate for bodily injury or death and $100,000.00 for any single occurrence for injury to or destruction of property, indemnifying all persons for any and all damages, personal injuries or property damages sustained in or upon the premises of said leased property, or any part thereof, as the result of the negligence of LESSEE, its invitees, agents, servants or employees, and LESSEE shall pay all premiums due thereon when due. It is expressly provided that such insurance policy or policies shall and must be written and issued by a reputable insurance company or companies, naming LESSOR, its elected officials, officers, and employees as an additional insured, subject to approval by the City Attorney of the City of Paris, and LESSEE or its insurance carrier or carriers shall deliver a copy of all such policies to the City Clerk of the City of Paris, 1501st Street S.E. Paris, Texas 75460, or furnish to said City Clerk a current letter or certificate from such company or companies, evidencing the fact that such insurance is in full force and effect at all times during this Lease Agreement and any extension thereof and specifically noting thereon that LESSOR is an additional insured. All such policies shall be written so that the LESSOR will be notified of cancellation or of any restrictive amendment of the policies at least thirty (30) days prior to the effective date of such cancellation or amendment. Notice shall be by certified mail, return receipt requested, addressed to the LESSOR at the following address: City Clerk, City of Paris, P. 0. Box 9037, Paris, Texas 75461-9037. H. LESSEE shall conform to and observe all public health and safety rules, regulations and laws of the State of Texas and the City of Paris and LESSEE shall provide adequate public restroom facilities of the outdoor chemical type at all times when the Leased Premises are in use. I. LESSEE shall retain title to all temporary structures or personal property placed upon the Leased Premises and shall have the right to remove these temporary structures and personal property upon expiration of this Lease Agreement or earlier termination thereof, provided, however, LESSEE shall remove such improvements without unduly damaging the Leased Premises, and provided further, such improvements shall be removed at LESSEE's expense within sixty (60) days of cancellation or termination of the Lease Agreement; otherwise, such improvements shall at the LESSOR's discretion become the property of the LESSOR. J. LESSEE shall not sublet, sublease or assign the Leased Premises to any other person, club or organization without first obtaining the written consent of LESSOR as authorized by formal action of the Paris City Council. K. No new additions, repairs, improvements or changes in locations or otherwise will be made to any existing buildings, structures, fences or other things located on the Leased Premises without the prior written consent of the City Manager of the City of Paris. L. LESSEE shall not dam up any creeks or waterways on the Leased Premises, nor shall LESSEE fill in any creeks or wetlands or divert the natural flow of water on the Leased Premises without first obtaining written authorization and necessary permits from the United States Army Corps of Engineers, applicable state Regulatory Agencies and/or the City of Paris, Texas. M. LESSEE shall manage and operate the archery shooting areas in accordance with safety procedures promulgated by the Archery Shooting Association, and other applicable —5— Federal, State and local rules and regulations. LESSEE shall post warning signs at all access points leading into the Leased Premises and a sign -in board and/or tree stand map shall be maintained at the ARCHERS FOR CHRIST Main Pavilion at the southern boundary of Area 2. N. Authorized representatives of LESSEE may, from time to time camp overnight at the AFC main Pavilion area on common border of Area 2 and Area 3 for security and/or Lease management purposes. 0. LESSOR shall have the right and privilege of using any portion of said Leased Premises for functions sponsored by the City of Paris, or any department thereof, which function has been approved by the City Manager of the City of Paris, which use shall be conducted on a non -interfering basis with the ARCHERS program. P. Should LESSEE default in, or fail or refuse to keep any of the covenants, conditions, stipulations and/or provisions herein contained, notice thereof shall be given to LESSEE by LESSOR, and in the event such default, failure or refusal has not been corrected or performed within thirty (30) days from the date of such notice, then this Lease Agreement may be terminated at LESSOR's option, and it shall be lawful for LESSOR to re-enter the leased premises and remove all persons, property and effects therefrom, all and every claim for damages for or by reason of said re-entry being expressly waived. Q. Upon expiration or earlier termination of this Lease Agreement, or any extension thereof, all property affixed to the Leased Premises by LESSEE shall become the property of the LESSOR and will not be subject to removal upon the expiration of this lease or in the event of default during the term of this lease. 3. MISCELLANEOUS PROVISIONS. A. Notice. Any written notice required or permitted under the terms of this Lease Agreement shall be given and be deemed to have been duly served if either (1) delivered in person, or (2) deposited certified mail, return receipt requested, postage prepaid in the United States mail, addressed to the designated representative of the respective parties which are designated as follows: ummum City Manager P.O. Box 9037 Paris, Texas 75461-9037 WITH A COPY TO: City Attorney City of Paris P.O. Box 9037 Paris, TX 75461 Archers for Christ 2810 Willow Bend Paris, Texas 75460 B. Governing Law & Venue. That this Lease Agreement shall be construed under, and in accordance with, the laws of the State of Texas, and all obligations of the parties created by this Lease Agreement are performable in Lamar County, Texas. Venue for State court actions arising under this Agreement shall be exclusively in the courts of Lamar County, Texas; venue for Federal court actions arising under this Agreement shall be exclusively in the Federal courts for the Eastern District of Texas. C. Non -Waiver. No waiver of the either party's rights under this Lease shall be deemed to have been made unless expressed in writing and signed by an authorized representative of that Party. D. Severability. If any provision of the Agreement is declared illegal, void, or unenforceable, the remaining provisions will not be affected but will remain in full force and effect. E. Transfer. No transfer or assignment of the Agreement or any right accruing under this Agreement will be made by either party hereunder without the written consent of the other party, which consent may be withheld in such party's sole discretion. F. Entire Lease Agreement. This Agreement constitutes the entire agreement and understanding between the parties hereto, and it will not be considered modified, altered, changed, or amended in any respect unless in writing and signed by the parties hereto. Skylar Unger, Deputy City Clerk Stephanie H. Harris, City Attorney LESSOR: ,12 Grayson Path, City Manager 111""I F.1 I Ott" ; I #111t"WNW. M.", Brad King, President THE STATE OF TEXAS § COUNTY OF LAMAR § BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared Grayson Path, City Manager of the City of Paris, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 13th day of September, 2021. Notary Public, State of Texas THE STATE OF TEXAS § COUNTY OF LAMAR § BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared Brad King, President of Archers for Christ, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 131h day of September, 2021. Notary Public, State of Texas Memorandum TO: Mayor, Mayor Pro -Tem & City Council Grayson Path, City Manager FROM: Gene Anderson, Finance Director DATE: September 13, 2021 Item No. 11 BACKGROUND: A public hearing on the proposed City tax rate is required by Chapter 26 of the Texas Tax Code. On August 23d the City Council approved a resolution calling for a public hearing on the 2021-22 City tax rate on September 13th. A legal notice advertising the public hearing was published in the Paris News. A copy of the proposed tax rate was placed on the City website. Also, the required quarter page notice of the public hearing on the tax increase was published in the Paris News. STATUS OF ISSUE: The City Council needs to hold the public hearing on the 2021-22 City tax rate on September 13, 2021. Pursuant to State Law (S132) the tax rate cannot be adopted the same night as the public hearing. A special meeting is scheduled for September 14th to adopt the tax rate. RECOMMENDATION: Hold the public hearing on the proposed 2021-22 City tax rate. Memorandum Item No. 12 TO: Mayor, Mayor Pro -Tem & City Council Grayson Path, City Manager FROM: Gene Anderson, Finance Director SUBJECT: PUBLIC HEARING ON PROPOSED 2021-22 BUDGET DATE: September 13, 2021 BACKGROUND: A public hearing on the proposed City budget is required by Section 50 of the City Charter and Section 102.006 of the Local Government Code. The proposed budget was filed with the City Clerk on August 9th. On August 231d the City Council approved a resolution calling for a public hearing on the 2021-22 City budget on September 13th. A legal notice advertising the public hearing was published in the Paris News. A copy of the proposed budget was placed on the City website. STATUS OF ISSUE: The City Council needs to hold the public hearing on the 2021-22 City budget on September 13, 2021. RECOMMENDATION: Hold the public hearing on the proposed 2021-22 City budget. TO: Mayor, Mayor Pro -Tem & City Council Grayson Path, City Manager FROM: Gene Anderson, Finance Director DATE: September 13, 2021 Item No. 13 BACKGROUND: The proposed 2021-22 City budget was filed with the City Clerk on August 9' and also presented to the City Council on August 9th. On August 23d the City Council discussed the budget and no changes were proposed to the document. This budget ordinance summarizes revenues and expenses for all budgeted city funds and departments. It also provides for certain transfers to be made between various city funds. STATUS OF ISSUE: The proposed City budget has been reviewed by the City Council and a public hearing was held in accordance with City charter requirements. The proposed budget now awaits the City Council's formal adoption through this ordinance. RECOMMENDATION: Motion to approve the 2021-22 City budget ordinance. F, SEVERABILITY 1 PROVIDING , DATE.EFFECTIVE WHEREAS, the City Manager of the City of Paris has submitted to the City Council a proposed budget of the revenues of the City and the expenses of conducting the affairs thereof and providing a complete financial plan for the ensuing fiscal period, beginning October 1, 2021, and ending September 30, 2022, and which said proposed budget has been compiled from detailed information obtained from the several departments, divisions, and offices of the City; and, WHEREAS, the City Council has received the City Manager's proposed budget, a copy of which proposed budget and all supporting schedules has been on file with the City Clerk of the City of Paris, since August 9, 2 02 1; and, WHEREAS, a public hearing was held on September 13, 2021 on the annual budget for the City of Paris, Texas for Fiscal Year 2021-2022 to allow proponents and opponents of the Budget an opportunity to be heard as required by Article V, Section 50, of the Charter of the City of Paris, Texas, and in accordance with Section 102.006(a) of the Local Government Code of the State of Texas, and the City Council is of the opinion that said proposed budget, should be approved and adopted; NOW, i' ORDAINED i / OF TAE' Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That the proposed budget of the revenues of the City of Paris and the expenses of conducting the affairs thereof, providing a complete financial plan for the ensuing fiscal period beginning October 1, 2021, and ending September 30, 2022, as submitted to the City Council by the City Manager and as amended by the City Council, be, and the same is in all things, approved, adopted, and incorporated herein by reference for all purposes as the budget of all of the current expenses as well as the fixed charges against the City for the fiscal period beginning October 1, 2021, and ending September 30, 2022. Section 3. That the sum of $25,913,583.00 is hereby appropriated out of the General Fund for the payment of operating expenses and capital outlay of the City Government as follows: GENERAL GOVERNMENT: City Council $ 97,700.00 City Manager $ 576,809.00 City Attorney $ 376,198.00 Judicial $ 242,787.00 City Clerk $ 161,654.00 Sub -Total $ 495,576.00 FINANCE: Accounting & Auditing $ 460,463.00 Sub -Total EMERGENCY SERVICES: Police $ 7,021,258.00 Fire $ 5,282,060.00 Emergency Medical Service $ 3,321,549.00 Sub -Total PUBLIC WORKS: Community Development $ 1,476,499.00 Engineering $ 311,108.00 Public Works $ 249,681.00 Parks & Recreation $ 1,353,319.00 Streets & Highways $ 1,613,559.00 Traffic & Public Lighting $ 495,576.00 Garage $ 405,948.00 Sub -Total $ 1,455,148.00 $ 460,463.00 $ 15,624,867.00 $ 5,905,690.00 LIBRARY SERVICES: Library Sub -Total $ 734,128.00 $ 734,128.00 MISCELLANEOUS: Paris Band Fund $ 23,050.00 General Expenses $ 1,660,237.00 Sub -Total CONTINGENT APPROPRIATION: Grand Total 2 $ 1,683,287.00 $ 50,000.00 $ 25,913,583.00 Section 4. That the sum of $1,809,635.00 is hereby appropriated out of the respective Interest and Sinking Funds for the purpose of paying accrued interest and making the principal payments on and creating the prescribed contingent and reserve funds for outstanding General Obligation Bonded Indebtedness as follows: General Obligation Refunding Bonds -2012 $ 410,563.00 SuRRMA Interlocal Coop $ 2,922,975.00 Agreement -2012 $ 100,828.00 General Obligation Bonds 2017 $ 636,637.00 General Obligation Bonds 2018 $ 97,961.00 General Obligation Refunding Bonds -2020 $ 201,270.00 Tax Notes -2020 $ 195,258.00 Tax & Revenue COs 2020 (CC) $ 167,118.00 Total $1,809,635.00 Section 5. That the sum of $11,310,718.00 based on the estimated Water and Sewer Budget, is hereby authorized out of utility fund revenues for the payment of operating expenses and capital outlay of Water and Sewer Utility Departments, as hereinafter itemized: LT,V.IVRR Warehouse $ 126,131.00 Billing & Collecting $ 2,704,491.00 Water Production $ 3,083,374.00 Water Distribution $ 1,685,693.00 Sub -Total $ 7,599,689.00 SEWER: Sewer Maintenance $ 906,311.00 Waste Water Treatment $ 2,339,073.00 Lift Station $ 465,645.00 Sub -Total $ 3,711,029.00 Total Operating Expense $ 11,310,718.00 1 ii= 1071 1:110:001 11, , , � ' 1� /1 TWDB Loan 2013 $ 169,348.00 G.O. Bonds 2013 $ 2,922,975.00 G.O. Bonds 2116 $ 551,035.00 G.O. Bonds 2018 $ 148,810.00 Tax & Revenue COs 2021 $ 1,497,629.00 Total Bond Requirements $ 5,289,797.00 Grand Total $16,600,515.00 Section 6. That the sum of $5,289,797.00 is hereby appropriated out of the Water and Sewer Interest & Sinking Funds for the purpose of paying accrued interest and making the principal payments as the same mature on the Water and Sewer Revenue Bonds, and creating the prescribed contingent and reserve fund therefore. Section 7. That the sum of $656,872.00 is hereby appropriated out of the Cox Field Airport Fund for the payment of operating expenses and capital outlay of the Cox Field Airport as follows: Cox Field Total Section 8. That the sum of $2,360,000.00 is hereby appropriated out of the American Rescue Plan Fund for the payment of operating expenses and capital outlay as hereby itemized: Streets $ 680,000.00 Water Treatment Plant $ 1,170,000.00 Water Distribution $ 510,000.00 Total $2,360,000.00 Section 9. That the sum of $714,930 is hereby appropriated out of the Coronavirus Relief Fund for the payment of operating expenses and capital outlay as hereby itemized: Police $ 262,120.00 Fire $ 114,500.00 Community Development $ 5,000.00 Engineering $ 6,960.00 EMS $ 206,350.00 Sewer Maintenance $ 120,000.00 Total $714,930.00 Section 10. That the sum of $20,000.00 is hereby appropriated out of the Capital Projects Fund for payment of capital projects as hereby itemized: City Council $ 20,000.00 Total $20,000.00 Section 11. That the sum of $175,000.00 is hereby appropriated out of the Equipment Replacement Fund for the payment of capital items as hereby itemized: Sanitation $175,000.00 Total $175,000.00 Section 12. That the sum of $151,050-00 is hereby appropriated out of the Special Revenue Funds for payment of miscellaneous legally restricted fees and costs, as hereby itemized: SPECIAL REVENUE FUNDS: Total 151,050.00 $ 151,050.00 Section 13. That the sum of $1,182,281.00 is hereby appropriated out of the Grant Fund for payment of operating expenses and capital outlay as hereby itemized: GRANTFUND: F�olice $ 202,281.OQ Community Development $ 980,000.00 Section 14. That the sum of $1,078,513.00 is hereby appropriated out of the Sanitation Fund for payment of operating expenses and capital outlay as hereby itemized: SANITATION FUND: Sanitation $ 1,078,513.00 Total $ 1,078,513.00 Section 15. That the sum of $5,289,797.00 is hereby authorized to be transferred from one city fund to another in accordance to the 2021-2022 Budget as hereby itemized: INTERFUND TRANSFERS: Water & Sewer Fund to I & S Funds $ 5,289,797.00 Total $5,289,797.00 Section 16. That all provisions of the ordinances of the City of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 17. That the repeal of any ordinance or part of ordinances affected by the enactment of this ordinance shall not be construed as abandoning any action now pending under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions of any ordinance at the time of passage of this ordinance. Section 18. That it is the intention of the City Council of the City of Paris that this ordinance and every provision hereof, shall be considered severable, and the invalidity or partial invalidity of any section, clause, or provisions of this ordinance shall not affect the validity of any other portion of this ordinance. Section 19. That this ordinance shall become effective after its passage and publication as required by law. PASSED AND ADOPTED BY THE CITY COUNCIL at a regular City Council meeting duly called and held at the City Council Chamber, 107 E. Kaufman in the City of Paris on this the 13th day of September, 2021. Reginald B. Hughes, Mayor Pro -Tem ATTEST: Skylar Unger, Deputy City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney Item Nos. 14-18 TO: Mayor, Mayor Pro -Tem & City Council & Council Grayson Path, City Manager FROM: Janice Ellis, City Clerk SUBJECT: SOLID WASTE COLLECTION PERMITS DATE: September 13, 2021 BACKGROUND: Article 12.04 of the Code of Ordinances of the City of Paris regulates the collecting and transporting of solid waste from commercial and industrial units within the City of Paris. Article 12.04 requires that a person or entity must first obtain a solid waste collection permit from the City prior to using the public streets, alleys or thoroughfares within the corporate limits of the City. Solid waste collection permits expire September 301h of each year. STATUS OF ISSUE: The following persons/entities have filed an application, submitted the required certificate of liability insurance and are current on use fees: Sanitation Solutions Richard Mark Boswell, Jr. d/b/a Dumpster Drop, LLC Nelson and Tanna Stoll d/b/a Countryside Disposal JOTS Rentals, L.L.C. Raymond Tabor d/b/a Big R's Roll Off Service BUDGET: NA. RECOMMENDATION: Approve Ordinances authorizing the issuance of a solid waste collection permit for each of the persons/entities listed above. Item Nos. 14-18 will each require a separate vote and requires five affirmative votes for passage. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT TO SANITATION SOLUTIONS, INC. FOR THE PURPOSE OF ENGAGING iN THE BUSINESS OF COLLECTING AND/OR TRANSPORTING SOLID WASTE FROM COMMERCIAL AND INDUSTRIAL UNITS WITHIN THE CITY LIMITS OF THE CITY OF PARIS, TEXAS; FINDING A PUBLIC NECESSITY AND CONVENIENCE FOR ISSUANCE OF SAID PERMIT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Chapter 12 Section 12.04.042 of the Code of Ordinances of the City of Paris, Texas, requires any person or entity engaging in the business of collecting or transporting solid waste from commercial and industrial units within the city limits to obtain a solid waste collection permit from the City, and WHEREAS, Sanitation Solutions, Inc., with offices located at 3 Waterway Square Place, Suite 110, The Woodlands, TX 77380, and a mailing address of P.O. Box 6190, Paris, TX 75461, has made application for a solid waste collection and transportation permit in accordance with Sec. 12.04.042 of the City Code of Ordinances; and WHEREAS, following review of the application and proof of insurance and upon a finding of public necessity and convenience for issuance of the permit, the City Council of the City of Paris hereby finds by a two-thirds (2/3) majority vote of the City Council that the permit should be issued to Sanitation Solutions, Inc. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That a solid waste collection permit is hereby issued to Sanitation Solutions, LLC effective October 1, 2021. Section 3. That the referenced solid waste collection permit issued to Sanitation Solutions, LLC shall expire September 30, 2022, unless further application for re -issuance of the permit is made by the applicant in conformance with the City Code. Section 4. That each holder of a permit issued pursuant to Sec. 12.04.042 of the City Code of Ordinances shall pay the City of Paris a street use fee for the privilege of operating on the City streets, alleys, and thoroughfares equal to eleven percent (11%) of the gross receipts earned from the waste collected, hauled or disposed of from within the City limits. Section 5. That all provisions of the ordinances of the City of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 6. That any person violating any of the provisions of this ordinance shall be guilty of a Misdemeanor, and, upon conviction, shall be fined in accordance with the provisions of Section 1.01.009 of the City of Paris Code of Ordinances, and each and every day's continuance of any violation of the above -enumerated sections shall constitute and be deemed a separate offense. Section 7. That this ordinance shall become effective from and after its passage and publication as required by law. PASSED AND ADOPTED this 13th day of September, 2021. ATTEST: Skylar Unger, Deputy City Clerk Stephanie H. Harris, City Attorney Reginald B. Hughes, Mayor Pro -Tem C / 1 •1 V Lry., I V 0 A J i I V L 6 1 k YJ i 91, IV WHEREAS, Chapter 12 Section 12.04.042 of the Code of Ordinances of the City of Paris, Texas, requires any person or entity engaging in the business of collecting or transporting solid waste from commercial and industrial units within the city limits to obtain a solid waste collection permit from the City; and WHEREAS, Mark Boswell Jr., d/b/a Dumpster Drop, LLC., with offices located at 964 FM 1498, Paris, TX, 75462, has made application for a solid waste collection and transportation permit in accordance with Sec. 12.04.042 of the City Code of Ordinances; and WHEREAS, following review of the application and proof of insurance and upon a finding of public necessity and convenience for issuance of the permit, the City Council of the City of Paris hereby finds by a two-thirds (2/3) majority vote of the City Council that the permit should be issued to Mark Boswell, Jr., d/b/a Dumpster Drop, LLC. NOW, i' BE IT ORDAINED BY / OF THE CITY i PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That a solid waste collection permit is hereby issued to Mark Boswell, Jr., d/b/a Dumpster Drop, LLC. effective October 1, 2021. Section 3. That the referenced solid waste collection permit issued to Mark Boswell, Jr., d/b/a Dumpster Drop, LLC. shall expire September 30, 2022, unless further application for re -issuance of the permit is made by the applicant in conformance with the City Code. Section 4. That each holder of a permit issued pursuant to Sec. 12.04.042 of the City Code of Ordinances shall pay the City of Paris a street use fee for the privilege of operating on the City streets, alleys, and thoroughfares equal to eleven percent (1110) of the gross receipts earned from the waste collected, hauled or disposed of from within the City limits. Section 5. That all provisions of the ordinances of the City of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 6. That any person violating any of the provisions of this ordinance shall be guilty of a Misdemeanor, and, upon conviction, shall be fined in accordance with the provisions of Section 1.01.009 of the City of Paris Code of Ordinances, and each and every day's continuance of any violation of the above -enumerated sections shall constitute and be deemed a separate offense. Section 7. That this ordinance shall become effective from and after its passage and publication as required by law. PASSED AND ADOPTED this 13th day of September, 2021. Reginald B. Hughes, Mayor Pro -Tem Skylar Unger, Deputy City Clerk Stephanie H. Harris, City Attorney AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT TO NELSON AND TANNA STOLL, D/B/A COUNTRYSIDE DISPOSAL, FOR THE PURPOSE OF ENGAGING IN THE BUSINESS OF COLLECTING AND/OR TRANSPORTING SOLID WASTE FROM COMMERCIAL AND INDUSTRIAL UNITS WITHIN THE CITY LIMITS OF THE CITY OF PARIS, TEXAS; FINDING A PUBLIC NECESSITY AND CONVENIENCE FOR ISSUANCE OF SAID PERMIT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. . WHEREAS, Chapter 12 Section 12.04.042 of the Code of Ordinances of the City of Paris, Texas, requires any person or entity engaging in the business of collecting or transporting solid waste from commercial and industrial units within the city limits to obtain a solid waste collection permit from the City; and WHEREAS, Nelson and Tanna Stoll, d/b/a/ Countryside Disposal, with offices located at 990 FM 3281, Detroit, TX, 75436, has made application for a solid waste collection and transportation permit in accordance with Sec. 12.04.042 of the City Code of Ordinances; and WHEREAS, following review of the application and proof of insurance and upon a finding of public necessity and convenience for issuance of the permit, the City Council of the City of Paris hereby finds by a two-thirds (2/3) majority vote of the City Council that the permit should be issued to Nelson and Tanna Stoll, d/b/a Countryside Disposal. NOW, /' BE IT ORDAINED I C / OF THE CITY1 PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That a solid waste collection permit is hereby issued to Nelson and Tanna Stoll, d/b/a Countryside Disposal. effective October 1, 2021. Section 3. That the referenced solid waste collection permit issued to Nelson and Tanna Stoll, d/b/a Countryside Disposal, shall expire September 30, 2022, unless further application for re -issuance of the permit is made by the applicant in conformance with the City Code. Section 4. That each holder of a permit issued pursuant to Sec. 12.04.042 of the City Code of Ordinances shall pay the City of Paris a street use fee for the privilege of operating on the City streets, alleys, and thoroughfares equal to eleven percent (11%) of the gross receipts earned from the waste collected, hauled or disposed of from within the City limits. Section 5. That all provisions of the ordinances of the City of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect Section 6. That any person violating any of the provisions of this ordinance shall be guilty of a Misdemeanor, and, upon conviction, shall be fined in accordance with the provisions of Section 1.01.009 of the City of Paris Code of Ordinances, and each and every day's continuance of any violation of the above -enumerated sections shall constitute and be deemed a separate offense. Section 7. That this ordinance shall become effective from and after its passage and publication as required by law. PASSED AND ADOPTED this 13th day of September, 2021. Reginald B. Hughes, Mayor Pro -Tern Skylar Unger, Deputy City Clerk Stephanie H. Harris, City Attorney AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT TO CHRIS STUCKEY, JOTS RENTALS, LLC FOR THE PURPOSE OF ENGAGING IN THE BUSINESS OF COLLECTING AND/OR TRANSPORTING SOLID WASTE FROM COMMERCIAL AND INDUSTRIAL UNITS WITHIN THE CITY LIMITS OF THE CITY OF PARIS, TEXAS; FINDING A PUBLIC NECESSITY AND CONVENIENCE FOR ISSUANCE OF SAID PERMIT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Chapter 12 Section 12.04.042 of the Code of Ordinances of the City of Paris, Texas, requires any person or entity engaging in the business of collecting or transporting solid waste from commercial and industrial units within the city limits to obtain a solid waste collection permit from the City; and WHEREAS, Chris Stuckey, JOTS Rentals, LLC., with offices located at 823 W. Marshall Ave, Longview, TX 75601, has made application for a solid waste collection and transportation permit in accordance with Sec. 12.04.042 of the City Code of Ordinances; and WHEREAS, following review of the application and proof of insurance and upon a finding of public necessity and convenience for issuance of the permit, the City Council of the City of Paris hereby finds by a two-thirds (2/3) majority vote of the City Council that the permit should be issued to Chris Stuckey, JOTS Rentals, LLC. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That a solid waste collection permit is hereby issued to Chris Stuckey, JOTS Rentals, LLC. effective October 1, 2021. Section 3. That the referenced solid waste collection permit issued to Chris Stuckey, JOTS Rentals, LLC, shall expire September 30, 2022, unless further application for re - issuance of the permit is made by the applicant in conformance with the City Code. Section 4. That each holder of a permit issued pursuant to Sec. 12.04.042 of the City Code of Ordinances shall pay the City of Paris a street use fee for the privilege of operating on the City streets, alleys, and thoroughfares equal to eleven percent (1110) of the gross receipts earned from the waste collected, hauled or disposed of from within the City limits. Section 5. That all provisions of the ordinances of the City of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 6. That any person violating any of the provisions of this ordinance shall be guilty of a Misdemeanor, and, upon conviction, shall be fined in accordance with the provisions of Section 1.01.009 of the City of Paris Code of Ordinances, and each and every day's continuance of any violation of the above -enumerated sections shall constitute and be deemed a separate offense. Section 7. That this ordinance shall become effective from and after its passage and publication as required by law. PASSED AND ADOPTED this 13th day of September, 2021. ATTEST: Skylar Unger, Deputy City Clerk Stephanie H. Harris, City Attorney Reginald B. Hughes, Mayor Pro -Tem ORDINANCE = AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT TO RAYMOND C. TABOR, D/B/A BIG R'S ROLL OFF SERVICE, FOR THE PURPOSE OF ENGAGING IN THE BUSINESS OF COLLECTING AND/OR TRANSPORTING SOLID WASTE FROM COMMERCIAL AND INDUSTRIAL UNITS WITHIN THE CITY LIMITS OF THE CITY OF PARIS, TEXAS; FINDING A PUBLIC NECESSITY AND CONVENIENCE FOR ISSUANCE OF SAID PERMIT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Chapter 12 Section 12.04.042 of the Code of Ordinances of the City of Paris, Texas, requires any person or entity engaging in the business of collecting or transporting solid waste from commercial and industrial units within the city limits to obtain a solid waste collection permit from the City, and WHEREAS, Raymond C. Tabor, d/b/a/ Big R's Roll Off Service, with offices located at 3144 US Hwy 67 East, Mt. Vernon, Texas 75457, has made application for a solid waste collection and transportation permit in accordance with Sec. 12.04.042 of the City Code of Ordinances; and WHEREAS, following review of the application and proof of insurance and upon a finding of public necessity and convenience for issuance of the permit, the City Council of the City of Paris hereby finds by a two-thirds (2/3) majority vote of the City Council that the permit should be issued to Raymond C. Tabor, d/b/a Big R's Roll Off Service. THEREFORE, BE IT ORDAINED PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That a solid waste collection permit is hereby issued to Raymond C. Tabor, d/b/a Big R's Roll Off Service. effective October 1, 2021. Section 3. That the referenced solid waste collection permit issued to Raymond C. Tabor, d/b/a Big R's Roll Off Service, shall expire September 30, 2022, unless further application for re -issuance of the permit is made by the applicant in conformance with the City Code. Section 4. That each holder of a permit issued pursuant to Sec. 12.04.042 of the City Code of Ordinances shall pay the City of Paris a street use fee for the privilege of operating on the City streets, alleys, and thoroughfares equal to eleven percent (11%) of the gross receipts earned from the waste collected, hauled or disposed of from within the City limits. Section 5. That all provisions of the ordinances of the City of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 6. That any person violating any of the provisions of this ordinance shall be guilty of a Misdemeanor, and, upon conviction, shall be fined in accordance with the provisions of Section 1.01.009 of the City of Paris Code of Ordinances, and each and every day's continuance of any violation of the above -enumerated sections shall constitute and be deemed a separate offense. Section 7. That this ordinance shall become effective from and after its passage and publication as required by law. PASSED AND ADOPTED this 13th day of September, 2021. ATTEST: Skylar Unger, Deputy City Clerk Stephanie H. Harris, City Attorney Reginald B. Hughes, Mayor Pro -Tem Item No. 19 Memorandum TO: Mayor, Mayor Pro Tem & City Council FROM: Grayson Path, City Manager Stephanie Harris, City Attorney Michael Smith, Public Works Director SUBJECT: Landfill Services Agreement Renewal DATE: September 13, 2021 Background As you know, the City of Paris provides residential trash collection for its residents. All residents are charged a flat amount on their utility bill for trash collection each month. The City picks this trash up twice a week with a Monday / Thursday route and a Tuesday / Friday route. On February 14, 2011, the City of Paris entered into a ten (10) year agreement with Sanitation Solutions, Inc. (now dba Waste Connection, Inc.) for landfill services connected to the city's residential trash collection services. The ten (10) year landfill services agreement expired unexpectedly in March 2021. Neither City Staff nor Waste Connection, Inc. had this on their radar to prepare for. The City Manager was informed after the fact, but due to a significant amount of other tasks on his plate, he was forced to ask Waste Connection for a month-to-month extension. They granted this request, but they have asked that we make a decision regarding renewal by October lst, which is understandable. As to why this was missed, the best guess that we can provide is the amount of time attached to this agreement and the amount of turnover since it was approved. While the City should be monitoring all of its contracts, this does not always happen as efficiently as it should and sometimes things get missed, especially on contracts that have terms in excess of five years. Nevertheless, the City Manager is disappointed that we did not catch this sooner. In any event, as will be discussed below, the City may still enter into a renewal contract with Waste Connections because solid waste disposal services are an exception to Texas competitive bidding laws. This is an attractive option for many reasons. Not the least of these is the operational expense associated with transporting solid waste from the city to the landfill. Given the City does not have a transfer station, we are required to make each individual trash truck take its load directly to the Blossom Landfill, owned by Waste Connection, Inc. Given the amount of trash we pick up each day, it requires each trash truck to drive to Blossom at least twice a day. We typically have four trucks per route, thus we make approximately eight trips to the landfill each day (four days a week). In theory, this would not change even if we went to trash pickup once a week because that would require the citizens to produce less trash.' This memo is designed to present to you factual information on this matter to help with discussion and decision. Recommendation It is the City Manager's recommendation that the City Council pursue a renewal with Waste Connection, Inc. instead of putting this out for competitive bids. The reasoning behind this recommendation will be discussed below. Legal Pursuant to Section 3 of the Agreement, the City should have provided an intent to renew no less than sixty (60) days prior to the expiration of the initial term. This of course did not happen as was discussed in the Background section. As will become clear in this memorandum, Waste Connection is offering to "renew" the contract in accordance with the renewal section of the recently expired contract, which terms are highly competitive. The City may enter into such a contract for landfill, i.e., solid waste disposal, services notwithstanding its failure to give notice of renewal under Section 3 because a governmental entity may procure such services without going through the competitive bidding process. Pursuant to Tex. Loc. Gov. Code Sec. 252.022(a)(2), a city may forego the competitive bidding process when making a purchase or entering into a contract that is necessary to preserve or protect the public health and safety of the city's residents. Awarding a contract for collection, hauling, and disposal of solid waste has been found to meet this criteria, and thus is exempt from the competitive bidding requirements. Browning-Ferris, Inc. v. City of Leon Dalley, 590 S.W.2d 729 (Tex.Civ.App.—San Antonio 1979, writ ref d n.r.e.); Op. Tex. Att'y Gen. No. JM -908 (1988). 1 If the City had a transfer station, we would haul our trash to a central point in town and from there the City would haul it in mass – via eighteen wheeler – to the landfill, thus keeping our trash trucks and staff in town and back on the route sooner; efficiency is gained through this process. However, this is a significant capital investment that the City has not taken on and it is not something that can be done in any immediate sense due to funding, design and construction requirements. The City Manager would like for the City to examine this in the future as it would open up a lot of options. Analysis Price Standpoint Pursuant to Section 6(f) of the recently expired contract, if the City of Paris chose to renew this agreement, the new base rate would be "at least twenty percent (20%) lower than the average contract landfill rates being paid in March 2021 by the following Texas municipalities; Tyler, Texarkana, Sherman, Greenville and McKinney. But in no event shall the base rate exceed $10.49/cubic yard or $29.74/ton for waste materials disposed of at the Landfill during the first year of the renewal term of this agreement as provided herein." Waste Connection, Inc. has provided to us the following data, which the City has verified: - Tyler $34.93/ton - Texarkana $39.00/ton - Sherman $25.36/ton - Greenville $45.18/ton - McKinney $40.00/ton - Average $36.89/ton - Minus 20% $29.51/ton Waste Connection, Inc. has agreed to a renewal of $29.51/ton which is in compliance with the renewal terms of the initial agreement. It is reasonable to assume that if the City were to put its landfill services contract out for bid, the result would likely be that any bids received would be priced more towards the average of these communities. Currently, the City is paying $20.20/ton. Waste Connection has had the opportunity to increase their price by as much as 5% each of the ten (10) years they have operated, but they have not done that. Had they done that, it would be approximately $26/ton today. Nevertheless, the renewal would be an approximate 46% increase from current. Again, given the contract renewal language that Waste Connection is honoring, and once you examine the information in the following section for operational costs, we do believe it reasonable to assume our prices would only come in higher if we bid out this service according to state competitive bidding rules. Location / Operation Standpoint As was shared in the opening section, the City of Paris drives each trash truck twice a day to the landfill to unload. We try to have three men to a truck. It is very important that we keep in mind the operational impact to switch landfills based on location of the landfill, thus distance from the City of Paris and drive / operation time added for greater distances. We have attempted to locate the nearest landfills to the City of Paris. Hours are based on Google Map which reflects speed limits and slowdowns along the way. Using the above information, we can develop some estimate figures for what it might cost the City operationally to use a different landfill. It is very important that when looking at operation, you have to consider 1) increase in operation cost separate and apart from the landfill dumping fee, but also 2) impact to physical operation and manpower. As we all know, the City of Paris - and most any trash hauling entity - struggles to find and keep staff. This tends to be one of the least desirable jobs for most people due to smell, weather conditions, physical requirements, compensation and hours. We have recently made some great changes to our operations that has allowed our staff the opportunity to get home sooner every day and the upcoming comparable pay study changes will help with the compensation. Prior to the recent changes in operational time, it was common for trash crews to work 10-12 hour days hauling trash. This is not only exhausting, but it has a significant quality of life impact. Bottom line, if our crews need to travel further each day to unload their trash, their days are going to get longer and we will start losing employees faster. To help illustrate some of this, we have created the following table of comparisons. Blossom Distance Time (min) Mt. Pleasant State RoundTrip Round Tri Blossom Texas 28 40 Antlers Oklahoma 88 86 Greenville Texas 104 100 Mt. Pleasantl Texas 1 108 1 112 New Boston Texas 136 140 Sherman Texas 136 140 NE Dallas Texas 144 140 Using the above information, we can develop some estimate figures for what it might cost the City operationally to use a different landfill. It is very important that when looking at operation, you have to consider 1) increase in operation cost separate and apart from the landfill dumping fee, but also 2) impact to physical operation and manpower. As we all know, the City of Paris - and most any trash hauling entity - struggles to find and keep staff. This tends to be one of the least desirable jobs for most people due to smell, weather conditions, physical requirements, compensation and hours. We have recently made some great changes to our operations that has allowed our staff the opportunity to get home sooner every day and the upcoming comparable pay study changes will help with the compensation. Prior to the recent changes in operational time, it was common for trash crews to work 10-12 hour days hauling trash. This is not only exhausting, but it has a significant quality of life impact. Bottom line, if our crews need to travel further each day to unload their trash, their days are going to get longer and we will start losing employees faster. To help illustrate some of this, we have created the following table of comparisons. To narrate the above: 1. The City typically operates four (4) trucks per day. Blossom Antlers Greenville Mt. Pleasant New Boston Sherman NE Dallas 1 NumberofTrucks 4 4 4 4 4 4 4 2 Numberof Workers 12 12 12 12 12 12 12 3 Number of Hours/Truck/Route 7 7 7 7 7 7 7 4 Number of Hours/Truck/Day To Landfill 1.33 2.87 3.33 3.73 4.67 4.67 4.67 5 Number of Hours/Truck/Day At Landfill 0.5 0.5 0.5 0.5 0.5 0.5 0.5 6 Total Hours 8.83 10.37 10.83 11.23 12.17 12.17 12.17 7 Number ofHours/Worker/Week 43.33 49.47 51.33 52.93 56.67 56.67 56.67 8 Total Em to ees' Hours 520 593.6 616 635.2 680 680 680 9 Number of OT Hours/Worker/Week 3.33 9.47 11.33 12.93 16.67 16.67 16.67 10 Total Em to ees' OT Hours 40 113.6 136 155.2 200 200 200 11 Starting Wage $ 12.00 $ 12.00 $ 12.00 $ 12.00 $ 12.00 $ 12.00 $ 12.00 12 Total Em to ees' Wage+OT/ Week $6,480.00 $ 7,804.80 $ 8,208.00 $ 8,553.60 $ 9,360.00 $ 9,360.00 $ 9,360.00 13 Total Beyond Current Blossom $ $ 1,324.80 $ 1,728.00 $ 2,073.60 $ 2,880.00 $ 2,880.00 $ 2,880.00 14 FEMA Rate for 25 CY Garbage Truck/Hour $ 50.00 $ 50.00 $ 50.00 $ 50.00 $ 50.00 $ 50.00 $ 50.00 15 Total all Trucks/Week To Landfill $1,066.67 $ 2,293.33 $ 2,666.67 $ 2,986.67 $ 3,733.33 $ 3,733.33 $ 3,733.33 16 Total Beyond Current (Blossoml $ - $ 1,226.67 $ 1,600.00 $ 1,920.00 $ 2,666.67 $ 2,666.67 $ 2,666.67 1?Total Employee + Truck Beyond Current $ $ 2,551.471$ 3,328.00 $ 3,993.60 $ 5,546.67 $ 5,546.671$ 5,546.67 18 1 Total Above/Year $ - $132,676.27 1 $173,056.00 $ 207,667.20 $ 288,426.67 $ 288,426.67 1 $ 288,426.67 To narrate the above: 1. The City typically operates four (4) trucks per day. 2. The City tries to have three employees per truck, thus twelve (12) employees per day. 3. Each daily route takes approximately 7 hours to complete, excluding time taken to and from the landfill. 4. From the first table, this is the estimated amount of time it will take for each truck to spend travelling to and from the listed landfill, and this is multiplied by two as each truck makes two trips a day to the landfill to unload trash. 5. We typically spend about 15 minutes at the landfill, and this is multiplied by two given we typically make two trips to the landfill per truck a day. 6. This is the estimated total amount of time spent per truck and per employee per day. As can be seen here, we already show a dramatic increase in hours worked for each employee the fiurther out we have to go to haul trash to a landfill. This alone will cause us significant operational issues. 7. This is taking #6 and spreading it out over the entire week. We run the route four (4) days a week, but on Wednesday we spend eight (8) hours maintaining the trucks and performing other needed operational tasks. 8. This is the total hours for all twelve (12) employees. 9. This is the total estimated Over Time hours (those hours beyond 40). As can be seen, the fiirther out we have to travel, the greater the number of OT hours. 10. This is the total estimated OT hours for all twelve (12) employees. 11. This is the starting wage of the lowest paid Sanitation Worker. We obviously have some higher paid sanitation workers. 12. This is applying the wage in #11 against the number of non -OT hours (total hours minus OT hours) plus OT pay (hourly pay multiplied by 1.5) using the estimated number of OT hours from #10. 13. Using Blossom as our baseline, this shows the added cost just in estimated pay to travel to any other landfill other than our current operation to Blossom (note, this excludes benefits). 14. Using the FEMA rates for a 25 CY Garbage Truck, we are able to develop an approximate calculation for costs per hour associated with maintenance, depreciation, overhead, field repairs, fuel, lubricants, tires, OSHA equipment, and other incidental costs to operate. This is in accordance with the Robert T. Stafford Disaster Relief and Emergency Assistance Act for estimating the cost to operate equipment. 15. This is the estimated cost to operate our equipment to and from the landfill. Obviously, it is more expensive the further out we have to travel. 16. As with #13, this uses Blossom as our baseline to determine the additional cost to travel to another landfill. 17. This combines #13 and #16 to see the total additional cost in pay and equipment. 18. This takes the cost in #17, which is a weekly cost, and applies it across 52 weeks, thus one year. From these calculations, we can see the added cost annually to have to travel to other landfills. This is completely separate from the landfill dumping fee. What this cannot show you is the eventual cost to replace trucks due to added wear and tear as well as the incredible burden it will place on staff needing to work longer hours. Once again, if we had a Transfer Station, this would be a much different conversation, but that is not an option today. Even if competitive bidding could somehow give us a better price than 20% below the average of the five listed landfills, and as discussed, that is doubtful, it would be incredibly difficult to account for the impact to staff and equipment. That will be discussed further below. Cost SummarAgalysis: When examining this situation, we must consider the added cost for landfill fees as well as the added cost for operational services. One does not impact the other but they both impact the same budget. The City has budgeted $184,000.00 under line item 45-0317-44-00 for landfill fees. We have spent approximately $160,000.00 many of the last few years, although FY20/21 is showing signs of surpassing this and being closer to the budgeted amount of $184,000.00. A 46% increase in tonnage fees pursuant to the Waste Connection renewal would add approximately $85,000.00 to our budget. The overall Sanitation budget is approximately $1.1 million, thus this is about 8% more than budgeted. The City collects an additional $300,000.00 in revenue, but this is applied towards the General Fund for related expenses (ex: road repairs, billing expenses, etc.; overall a property tax subsidy). Setting aside the landfill tonnage fee, let's look at the operational cost. To go to the next nearest landfill (Antlers, OK) would add an additional $130k to the budget before we even consider tonnage fees. Therefore, we have to perform a cost benefit analysis when it comes to procurement. Looking at Antlers, OK — in order to make a switch from the Blossom Landfill to the Antlers Landfill make sense, we would need a new tonnage fee that, when added to the new operational cost to haul the trash further, brings the new added cost to the budget to something less than $85,000.00. When you perform the calculation, we would need to receive a tonnage price of $15/ton or less. Given the average price of the other five landfills is $36.89/ton and the Waste Connection renewal is for $29.51/ton, we have every reason to believe that bids (including Waste Connection) will come in much higher. In addition, we went ahead and contacted the Antlers, OK landfill and they charge $45.00/ton. We contacted the Mt. Pleasant landfill and they charge $37.00/ton. They might negotiate that for the volume we would produce, but the point is clear — any landfill we select, we would need an unrealistic drop in our current rate to overcome the added cost for hauling trash further out than the Blossom landfill. In addition, there is question as to whether we could haul trash across state lines, so we would have to pick a Texas landfill and given they are further out, we would need an even lower tonnage fee to compensate for the added cost to haul a greater distance. Bottom line, from all reasonable sense, the offer made by Waste Connection, Inc., which is in line with the original agreement's renewal terms, appears to be the most financially advantageous option to the citizens of Paris. It is also the only feasible operational option the City has. Impact to Budget: This of course was not something we planned in the FY'21/22 Budget. Nevertheless, such unexpected situations happen all the time and we do our normal procedure to account for it as best as we can. In this situation, given 1) we historically come in under budget for the tonnage fees, 2) we have the ability to transfer a little less to the General Fund given property and sales tax estimates were very conservative, and 3) there are some expenses in the Sanitation Fund that we are hoping will be going away either during next year or the year after (ex: Stillhouse Landfill Post Closure expenses), we are not at this time recommending a rate increase to the garbage collection rates. The added $85,000.00 estimated cost will be absorbed as best as we can and we will monitor it month to month. Please know that we will have to eventually adjust our rates to account for rising costs, but we will try to hold the line as long as possible. Renewal of Agreement When examining the Agreement itself, other than some price changes throughout, there is very little else that needs to be changed. The City Manager worked with staff to check on each section of the agreement to determine whether or not it is being fulfilled. The following sections are noted discrepancies that would need to be addressed: 1. Section 1— N/A 2. Section 2: a. Sub -section (c), with a change of ownership from Sanitation Solution to Waste Connection, there was a change in open hours and days. Some slight work needs to occur here. Nothing significant to our operation. 3. Section 3 — Change of dates to add another ten years. 4. Section 4 — N/A 5. Section 5 — We had not received a Performance Bond last time, we will this time. 6. Section 6: a. Sub -section (a), various updates to pricing: i. Compacted Waste Materials: $6.06 per yard (up $0.66) / $29.51 per ton (up $9.31 from current $20.20 per ton) I Construction and Demolition Material: $19.36 per ton (up $2.11) iii. Brush Trucks: $6.06 per yard (up $0.81) iv. Waste Material: $6.50 per yard (up $0.50) 7. Section 7: Same as 2(c) a. Sub -section (b), update to pricing at convenience station. b. Sub -section (c), we will need to eliminate this section. SS/WC stopped recycling several years ago due to expense and the City approached Choctaw Recycling to pick up the need. At this time, our expense for working with Choctaw Recycling is extremely low. Waste Connection is also not willing to start this back up. The City Manager recommends eliminating this line. 8. Sections 8 —11— N/A 9. Section 12 — After looking at our records, we have never received the annual $5,000.00 donation from Sanitation Solution or Waste Connection. It may prove difficult to go back very far and demand payment, especially since the City apparently missed this even in year one. The City Manager would recommend enforcing it going forward. If the City Council would like for this to be enforced retroactively, we can attempt to work with Waste Connection on this. 10. Sections 13 —17 — N/A 11. Section 18 — Same as 2(c). 12. Sections 19 — 23 — N/A 13. Section 24 — New Waste Connection contact. 14. Section 25 — N/A Overall, the agreement has been successful and beneficial to the City of Paris and its citizens. Operationally, it has worked very well for the City. Conclusion It is City Staff recommendation that the City renew the Landfill Agreement with Waste Connection with the listed edits discussed in this report. Said agreement will be brought back to the September 27, 2021 City Council meeting for approval. LANDFILL SERVICES AGREEMENT STATE OF TEXAS § COUNTY OF LAMAR § This,LA7"fT-L-L—SERVICES -AGREEMENT ,pis entered into by and between the City of Paris, Texas, a home -rule municipal corporation ("City"), and Sanitation Solutions, Inc., at 1806 South Church Street, Paris, Texas 75460 ("Contractor"), with an effective date as provided below. WITNESSETH: WHEREAS, on September 30, 2010, the City of Paris issued a Request for Proposals for a long term landfill services agreement. The City received several proposals in response to the landfill services RFP including a proposal dated October 27, 2010 froid�S-anit-a-ii7dn Solutions -for landfillices at - their -1 IN"_ - 'netcfssoW,,Texas � 'her6i inafter the "Landfill"); and, WHEREAS, on December 20, 2010, after reviewing the proposals submitted, the City Council determined that the City could experience immediate'savings to the City by entering into. a month-to-month landfill services agreement with Sanitation Solutions to be effective January 1, 201.1; and, WHEREAS, February '14,2011, following additional discussion on awarding a long term landfill services agreement, a majority of the City Council voted to award a 10 -year landfill Services agreement to Sanitation Solutions, the company that submitted the lowest landfill,disposal fee rate in response to the City's RFP process. NOW, THEREFORE, fox and in consideration of the. mutual agreements and covenants stated herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and confessed, the parties hereto agree to enter into this landfill services agreementas follows: I Definitions. (a) Acceptable Waste. Acceptable Waste means any and all solid waste, including municipal solid waste, except Unacceptable Waste. (b) Bulky Waste. Bulky Waste shall include items such as stoves, refrigerators or freezers (which have CFC's removed by a certified technician), water tanks, washing machines, other appliances, furniture, carpet, rugs, brush or tree trimmings, bundled or unbundled in excess of three (3) cubic feet in volume or fifty (50) pounds in weight, and other waste material. Bulky Waste does not include construction debris, bagged solid waste, hazardous waste, or other items which are unauthorized to be disposed of in a Type I landfill in Texas. The weight of any bulky item shall not exceed that which can easily be loaded by two (2) workers, Landfill Services Agreement - Page I of 14 M Contractor. Sanitation Solutions. (d) Hazardous Waste. Hazardous Waste means hazardous waste and toxic or radioactive substances (even though they may be part of a delivered load of waste); .as such terms are defined by applicable federal or state laws or .regulations. (e) Special Waste. Special Waste means all treated/de-characterized (fomerly hazardous) wastes; polychlorinated biphenyl (PCB) wastes; industrial process wastes; asbestos containing material; -chemical containing ,equipment; incinerator ash; medical wastes; off -spec chemicals; sludges; spill -cleanup wastes; underground storage, tank (UST) soils; waste from service industries; and all such other wastes described on Exhibit A attached hereto and incorporated herein by this reference for all purposes. (f) Residential Waste. Residential Waste shall mean that waste material -collected by the City, or the City's contractor from residential service accounts in the City of Paris, Texas. (g) TCEQ. Shall mean the Texas Commission on Environmental Quality, or any predecessor, successor or other substituted agency,, department or commission of the State, which has regulatory authority over solid waste disposal permitting and enforcement, (h) Unacceptable Waste. Unacceptable Waste means any and all waste that is either: (i) Waste which is or may be prohibited from disposal at the Landfill by federal or state law, xegulfition, rule, code, ordinance, order, permit or permit condition-, (ii) Hazardous Waste; (iii) Special Waste 'without an approved Special Waste agreement as described in Section 15 of this Agreement; or (iv) Special Waste which does not conform to the analysis or characteristics described in a Special Waste agreement. Waste Material. Waste Material means residential Acceptable Waste and construction and demolition material which, in compliance with governmental licenses and permits in effect, may be received for disposal at the Landfill. Landfill Services Agreement - Page 2 of 14 2. Duties, (a) Contractor agrees to maintain and operate a Type I Landfill permitted at its present location southeast of Blossom, Texas. Said Landfill to be properly permitted by the State of Texas and, in. compliance with all applicable State and Federal laws and regulations. (b) City agrees to deliver all residential waste collected by the City or by the City's authorized contractor to the Landfill during the term of this Agreement and to pay the Landfill disposal rates as set forth herein. (d) Contractof agrees, to, receive, accept and for properly dispose of the City's residential waste material at the Landfill throughout the term of the agreement. Contractor shall maintain regular operating hours at the Landfill six day a week; Monday — Friday, 7:00 a.m. to 6:00 p.m., and 7:00 a.m. to 3:00 p.m. on Saturday, and close on Just one holiday. Contractor shall maintain sufficient capacity at the Landfill to receive and properly dispose of the City's residential waste material throughout the term of this Agreement. (d) Contractor shall provide a monthly report to City which details the amount of waste material received at the Landfill from the City (or the City's residential waste -contractor) broken down by date, ,vehicle or truck number, and cubic yardage and/or tonnage per vehicle. (e) Upon special request by the City Manager, Director of Public Works, or their authorized designee, Contractor shall provide curbside collection of bulky waste loony residential account in the city limits of Paris, Texas. Contractor shall charge for curbside bulky, waste pickup at the rates designated herein. (f) Contractor shall establish and operate a customer convenience station to be located behind the Sanitation Solutions office on South Church to receive citizen drop off of acceptable waste material, Contractor agrees to- properly transport and dispose of all waste material received at the customer convenience station. (g) Contractor agrees to maintain all entrances -and access roads into and out of the Landfill in a safe and passable condition. Maximum. turnaround time for any City sanitation truck (or third -party sanitation truck under contract with the City) at the landfill shallnot exceed fifteen (15) minutes from the time the sanitation truck reaches the maingate to the landfill to the time the truck exits the landfill. Contractor shall maintain any necessary equipment at the Landfill to pull out or push out any City Sanitation truck that becomes stuck on Landfill property. (h) To insure compliance with this Agreement, City shall have. the right to visit and inspect fhe Landfill upon providing Contractor forty-eight (48) hours advance notice. Landfill Services Agreement - Page 3 of 14 3. Term. The initial term of the A ee en . O.PIT inent hall be for a period of ten (10) years commencing on the day day ( 1 , .2011 ("Effective Date"), and ending on th(a 4- 'jNL I !;dayof 202 (the "Initial Term''). Thereafter, the-City shall have the option to rtnew and extend the Agreement for -an additional ten (.10) year term. City shall notify Contractor of its intent to renew this agreement by providing. Contractor with written notice no less than sixty (60) days prior to the expiration of the Initial Term, 4. Termination for Cause. If at any time during this Agreement, Contractor shall f4il to substantially perform under any of, the terms, covenants or condition's set forth in this Agreement, City shall notify Contractor of the default in writing by ,certified mail or hand delivery addressed to Contractor at the address provided herein. Contractor shall have thirty (30) days from receipt of the notice of default to remedythe default; provided, however, if such default is of a nature that requires more than thirty (3 0) days to cure then, Contractor shall have a reasonable time to cure said default, provided Contractor commences to remedy, the default within thirty (310) days of receipt of notice and works diligently toward curing the default; otherwise the City may terminate this Agreement and all rights- and obligations herein shall terminate as of the date of termination. 5. Performance Bond. Prior to the effective date of this Agreement, Contractor shall purchase at its sole expense a performance bond in the amount of $150,000 guaranteeing Contractor's performance under er this Agreement and naming the City as sole beneficiary under the bond. The surety must come from the United States' Treasury Department's Listing of Approved Sureties and must be authorized to issue surety bonds in the State of Texas, The City reserves the right to reject any :and all sureties. Contractor- shall issue a new performance bond for this Agreement, an or before the anniversary date of this Agreement for every year of this Agreement. The amount of the Performance Bond for years 2-10 of this Agreement, and any renewal years of this Agreement, shall be, based upon the City's residential landfill disposal costs for the prior year. 6. Base Rates. (a) Contractor shall charge City tho following rates for receiving and disposing of Waste Material at the Landfill ("Base Rates"): (i) Compacted Waste Materials $5.40 per cubic yard $17.25 per ton' (ii) Curbside -pickup of Bulky Waste $10.00 per cubic yard from residential account upon special request by City Public Works Director and/or Sanitation Manager 1 Contractor,shall apply the cubic yard rate to all waste material received from City, unless and until City provides Contractor with thirty (30) days advance written notice of.City's intent to enforce, the tonnage rate. Landfill Services. Agreement - Page 4 of 14 (i4) Construction and demolition material $17-25 per, ton (Uncompacted) (iv) Brush Trucks (Uncompacted) $5.25 per cubic yard (y), Whste Material delivered to Citizens Convenience Center $6.0.0 per cubic yard (b) The Base Rates referenced above include all state mandated closure fund fees, licenses, taxes as of the effective date of this Agreement. Provided, however, the base rates listed above .may, be increased from time to time, to cover any new state or federal mandated tax or fee assessed against the Landfill after the effective date of this Agreement. Contractor shall provide all necessary proofordocumentation to City prior to increasing rates based on any new state or federal fees assessed against the Landfill. This provision, however, -specifically excludes any increases in property taxes and/or income taxes associated with the Landfill and/or Contractor, and the base rates shall not be increased to offset increased property taxes at Landfill and/or due to changes in the Federal income tax rules and regulations applicable to Contractor's business at the Landfill. (c) Contractor shall bill City monthly for all Waste Material delivered by City to the Landfill during theprevious monthpursuant to this Agreement, multiplied by the then applicable Base Rates. Invoices shall be paid within thirty (30) days after receipt; undisputed past due amounts bear interest at the rate of one-half of one percent (5%) per month. (d) The base rates provided above shall remain fixed for a period of two (2) years from the effective date of this Agreement. (e) Beginning on the second anniversary of the Effective Date of this Agreement and on each -anniversary of this Agreement thereafter, Contractor shall have the right to request an increase in the Base Rates based on the same percentage as the Consumer Price Index, for the Dallas, Texas area for All Urban Consumers, All Items, Not Seasonally Adjusted, Based Period December 1983 = 100 (published by the United States Bureau of Labor Statistics, Consumer Price Index) (the "C.P.I.") shall have increased during the preceding twelve months. In the event the U.S. Department of Labor, Bureau of Labor Statistics ceases to publish the C.P.I., the parties hereto agree to use the Municipal Cost Index. as their guide for any percentage increases. in the Base Rates. Provided, however, in no event shall the Base Rates be increased more than five percent (5,0%) in any one year. The first CPI calculation shall include the percentage change for the first twenty four month period. Every year after, it shall be for a twelve month period from Anniversary date to ,Anniversary date. Landfill Services Agreement - Page 5 of 14 (f) At the end of the Initial Tenn, Contractor agrees to renegotiate the base rates, and to provide the City with new base rates that are at least twenty percent (20%) lower than the average contract landfill rates being paid in March 2021 by the following Texas municipalities: Tyler, Texarkana, Sherman, Greenville and McKinney. But in no event, shall the base rates exceed $10.49/cubic yard or $29.74/ton for waste materials disposed of at 'the Landfill during the first year of `the renewal term of 'this Agreement as provided herein. 7. Customer Convenience -Station. Contractor shall establish and operate a customer convenience station behind the Sanitation Solutions offices on South Church Street, Paris, Texas to receive waste material delivered by residents of Paris for Contractor transportation and disposal at the Landfill, The, -Customer Convenience Station shall be open to the citizens of Paris on all days- that the Landfill is open, with operating hours, Monday through Friday 8:00 a.m. to 5:00 p.m. and on Saturdays from 8-:00 a.m. to 12:100 p.m. (a) Each residential service account in the City will be allowed to deliver up to four (4) cubic yards ofwaste material to the customer convenience station per month free of charge. Contractor shall require every person wishing to dispose of waste material at the customer convenience station to -verify their residence by Texas driver's license (or other reliable identification) along with a current city water bill proving that the resident has an established account with the City of Paris. Contractor shall not accept waste material from commercial contractors or commercial accounts at the Customer Convenience Station. Any quantity of waste material in excess of the four cubic yard limit per month may be accepted by Contractor only after obtaining full payment from the Paris resident. (b) Contractor will charge City $6.00/cubic yard for waste material received from City of Paris residents at the customer convenience station. The first one.hundred (100) yards per month will bu free to the City. Contractor- shall keep ,a daily log of each drop-off made at the customer convenience station. The log shall include the name and address of the Paris resident using the facility including the quantity of waste material disposed. A copy of the customer convenience station log shall be submitted to the Finance Director for the City of Paris no later than the fifth, day of every, month throughout the term of this Agreement. (p) Contractor shall also provide recycling drop off bins at the Customer, Convenience station for citizens of Paris to drop of recyclables such as paper, tin, aluminum and plastics. Contractor shall maintain the recycling operation free of charge to the City or its citizens. Contractor agrees to transport all recyclable materials collected to an appropriate recycling center. Contractor may upon ten (10) days prior written notice to City, temporarily suspend the acceptance of any specific recycling item for which Landfill Services Agreement - Page 6 of 14 there is no current market within a 125 mile radius of` the customer convenience station at 1806 Church Street, Paris, Texas: All revenue, costs and expenses related to the recycling operation shall belong to Contractor, 8. Indemnification. Contractor hereby agrees to release, defend, indemnify, save, and hold the City., it's elected officials, officers and employees harmless from any and all demands, debts, liabilities, suits,. claims, and causes of action of every kind on account of injury or damage to any person or property, arising from or related to the services and contractual duties provided by the Contractor, pursuant to this Agreement. 9�. .Insurance. Contractor shall provide, keep and -maintain throughout the term of 'this Agreement, and any extensions thereof, a policy or policies of insurance, providing at least $500,0000.00 per occurrence and $1,000,'000`,00 aggregate for bodily injury or death and a $5,000,000 excess umbrella liability policy indemnifying the Contractor and the City, its elected officials, officers and employees (as additional insured) for any arid all damages, personal injuries, or property damages sustained in Contractor's performance of the services required under this Agreement. Contractor shall pay all premiums when due and Contractor shall provide the City with a copy of the insurance policy arid/or a certificate of insurance each year throughout the term of this Agreement. Said insurance policy shall -require that *.City receive thirty (30) days prior notice of cancellation ation of any and all insurance policies. Contractor shall also maintain worker's compensation insurance in conformance with and as required by State law. 10. Sanitation Solutions Sponsoring Keep Paris Beautiful Events. Throughout, the term of this, Agreement, Contractor agrees to fully sponsor Keep Paris Beautiful Clean -Up events by providing a 25 cubic yard rear -load truck and a two-man crew at a City designated site from 8-00 a.m.-12:00 p.m. (or as otherwise designated by City) twice ayear (Spring and Fall) and Contractor shall pay for all disposal costs related to these events. 11. Additional Services. Contractor agrees to provide all labor, materials and equipment (excluding cost of any asbestos survey and/or asbestos abatement) necessary to demolish at least fifteen (15) dilapidated'single family structures in the City of Paris, Texas during each year of this Agreement, including any renewals thereof. Contractor shall demolish only those structures designated in writing by the City and City shall pay all landfill disposal costs associated with the demolished structures. 12. Community Donation. Contractor further agrees to donate $5,000 cash per year to the City, throughout the term of this Agreement and any renewals thereof, to be allocated by the City Council to the Main Street Program or to such other program as the City Council shall determine more appropriate. 13. Acceptance of Waste Right to Refuse Unacceptable Waste. Contractor agrees to accept for disposal all waste material delivered by City pursuant to this Agreement. Landfill Service$ Agreement - Page- 7 of 14 Contractor shall not be required to receive: or accept Unacceptable Waste as defined :herein. Contractor has forty-eight (48) hours from the time it receives a load of waste material from the City or its agents to determine if same contains Unacceptable Waste and to notify the City in writing or such waste 'is deemed accepted by Contractor. If the City does not contest Contractor's determination of unacceptable waste and/or remove the unacceptable waste from the landfill within forty-eight (48) hours, Contractor will arrange for lawful disposal of such waste. City will reimburse Contractor for all reasonable costs for proper disposal of the unacceptable waste resulting from the City's delivery of Unacceptable Waste to the Landfill. 14, Contesting Contractor's Determination of Unacceptable Waste. Upon receipt of written notice from Contractor that City has delivered a load of Unacceptable Waste to the Landfill, City shall have three business days hours to contest Contractor's preliminary determination and request a third -party independent investigation or test of ,the alleged unacceptable load. The third -party testing company shall have ten (10) business days to complete its tests and investigation and to provide its written findings and recommendation to Contractor and. City. If Contractor and City are still in disagreement regarding the condition or status of the alleged Unacceptable Waste, the parties agree to submit the matter to non-binding mediation. 15.. Title to Waste. Contractor is vested with title to all Acceptable Waste accepted by Contractor at the Landfill. Any revenue or other value received by Contractor as a result of reclamation, recycling or resource recovery shall be solely for the account of Contractor. 16.. Odor Control. Contractor shall maintain the Landfill in compliance. with all State and Federal regulations related'to public health, safety and welfare. 17. Requirement for Special Waste. a. Contractor shall have a right of first refusal to dispose of any Special Waste generated at a residential account located in the City, provided Contractor agrees to dispose of such Special waste on the same terms and. conditions as a bona fide third party offer to dispose of such Special Waste. Contractor shall have the right to require all generators of Special Waste collected by City and being disposed of at the Landfill to participate in and implement ,a Special Waste program as described in this Amendment. Contractor is not required to accept or manage any Special Waste unless it is specifically identified in a written Special Waste agreement, approved in writing by Contractor. Contractor will require all waste generators for which it has collection and disposal responsibility to execute a Special Waste agreement prior to delivery of any Special Waste to ,the Landfill. Contractor will not permit delivery of any Special Waste to the Land -ll without. a ,fully executed Special Waste agreement. Landfill Services Agreement - Page 8 of 14 b. The specific requirements. of the Special Waste agreement shall be as specified from time to time by Contractor and may be, altered by Contractor at any time as necessary to ensure the proper management of Special Waste. At a minimum, the Special Waste agreement shall include: A representation ofthe character and regulatory status ofthe waste to be executed by the generator; ii. A decisi'o'n document to be executed by Contractor. A decision document shall at aminimum include the identification of the generator and the source and. characterization of the waste; iii. A proposed management plan for the Special Waste, including any special. handling requirements; iv. The approval of Contractor indicating acceptance for handling ofthe. waste; and v. The unit price for disposal associated with the management of the Special Waste. C. Contractor may, in its sole discretion, demand that a representative sample of. any Special Waste proposed for delivery to the Landfill be provided by the generator to Contractor prior to the approval of a Special Waste agreement. Unless otherwise agreed by Contractor, the cost for,acquisition, delivery and analysis of a representative sample shall be borne by :the generator. If the generator refuses to provide a representative sample, Contractor shall have no obligation to accept the Special Waste or to execute a Special Waste agreement. 19. Sunday & Holiday Operation. City and Contractor hereby acknowledge and agree that operation of -the Landfill on Sundays and on the following holidays shall be limited to emergency situations as required by City, the State or other recognized authorities. Christmas Day 19. Delivery of Waste. City agrees; acknowledges and confirms that during the term of this Agreement or any extensions thereof, the City shall deliver to the Landfill for disposal all such residential Waste Materials, save and except materials being mulched, composted and/or recycled by or through the City or the City's agent. In addition, if the City shall engage or utilize, or otherwise contract for the services of, a third party to collect residential Waste Materials, the .City shall require that all such residential Waste. Materials collected by such third party provider shall be delivered to and disposed of at the Landfill. In addition, the City shall deliver to the Landfill all construction and demolition material from all residential or commercial structures condemned and demolished by the City or agent of the, City. Landfill Services Agreement - Page 9 of 14 20. Force Maieure. The performance of the Agreement may be suspended and the obligations of either party excused in the event of and during the period that such performance is prevented or, delayed by a Force Majeure occurrence. "Force Majeure" shall mean.: a. An act of God, including hurricanes, tornadoes, landslides, lightning, earthquakes, extreme weather conditions, fire, flood, explosion, sabotage or similar occurrence, acts of a public enemy, extortion, war, blockade or insurrection, riot, civil disturbance, strike or other labor disturbances, governmental actions or regulations, governmental requests or requisitions for national defense, or breakdown or injury to, or'shortagd in, facilities,used for the handling, processing or transportation of Solid Waste or any other cause beyond the :reasonable control of either party; b. The order or judgment of any federal, State, or local court, administrative agency or governmental body (excluding decisions of federal courts interpreting federal tax laws, and decisions of State courts interpreting State tax laws) if it is not also the result of the willful misconduct or negligent action or inaction of the party relying thereon; provided that neither the yiRg contesting in good faith of any such order or judgment nor the failure to so contest shall constitute or be construed -as a measure of willful misconduct or negligent action or inaction of such party; C. The suspension, termination, interruption, denial, or non -renewal of any permit or approval essential to the operation of the Contractor if it is not the result of willful misconduct or negligent action or inaction oftheparty relying thereon;. or V 21. Governing Law, The Agreement will. be governed and interpreted in accordance with the laws of the State of Texas. The services to be provided herein will be performed in Lamar County, Texas, and any questions or disputes arising from this contract -or the services provided herein shall be decided by'a County, or District Courtin Lamar County, Texas. Exclusive venue shall be,in Lamar County, Texas. 22. Severability, If any provision of the Agreement is declared illegal, void, or unenforceable, the remaining provisions will not be affected but will remain in full force and effect. 23. Assignment. No transfer or assignment of the Agreement or any right accruing under this Agreement will be made by either party hereunder without the written consent of the other party, which consent may be withheld in such party's sole discretion; provided, however, that Contractor may assign this Agreement to an affiliate. For purposes of this article, affiliate .means any entity that, directly or indirectly, controls, is controlled by, or is under common control, with Contractor, 24. Notice. All notices or other communications required or permitted to be given Landfill -Services Agreement -Page 10 of 14 pursuant to the Agreement shall be in writing and shall be considered as properly given (i) if mailed by first class United States mail, postage prepaid, registered or certified with return receipt requested, (ii) by delivering same in person to the intended addressee, (iii) by delivery to an independent third party commercial delivery service for same day or next day delivery and providing for evidence of receipt at the office of the intended addressee, of (iv) by prepaid -telegram, telex, or facsimile. to the addressee. Notice so mailed shall be -effective upon its deposit with the United States Postal Service or any successor thereto; 'notice sent by such a commercial delivery service shall be effective upon delivery to such commercial delivery service; notice given by personal delivery shall be effective only if and then received by the addressee; and notice given by other means shall be effective only, if and when received at the office or designated place, or machine of the intended addressee. Notwithstanding anything contained herein, to the contrary, any notice of default under the .Agreement must be both (i) mailed by Certified Mail, Return Receipt Requested and (ii) faxed to the alleged defaulting party to constitute proper notice hereunder. For purposes of notice, the addresses of the parties shall be as set forth below; provided, however, that either party shall have the right to change its address for notice hereunder to any other location within the continental United States by the giving of thirty (30) days' notice to the other party in the manner set forth herein. If to the'City, at with a copy to: If to the Contractor at: City of Paris, Texas P. 0.. Box 9037 Paris, Texas -7546.1-9037 Attn: City Manager City of Paris, Texas P. O. Box 9037 Paris, Texas 75461-9037 Attn: City Attorney Sanitation Solutions, P.O. Box 6,190 Paris, Texas 75461 or such other addresses as the 'Parties may hereafter specify by written notice delivered in accordance herewith. 25. Entire Agreement. The Agreement constitutes the entire agreement and understanding between the parties hereto, and it will not be considered -modified, altered, changed, or amended in any respect unless in writing and signed by the parties hereto. Landfill Services Agreement - Page 11 of 14 IN WITNESS WHEREOF, this Agreement has been executed -and shall be effective as of the date last executed below. CITY City of Paris, Texas By: Will Biard Its: -_ Ma or Date: t 2 tla4_ ATTEST: a2ice Ellis, City Clerk FR 09 W. Kent McIlUu, City Attorney Landfill Services Agreement - Page 12 of 14 CONTRACTOR Sanitation Solutions By: Its: '4`e s. q1j,yj,�.jt Date: ATTEST: Setary/Trpastfe'r- rD rporate Seal) EXHIBIT" A". SPECIAL WASTE Special Waste means any discarded material from a nonresidential source meeting any of the following descriptions for Type, A or Type B Special Waste. Type Special Waste. Any, waste from a commercial or industrial activity meeting any of the following descriptions. I Containerized waste (e.g., a drum, portable tank, lugger box, roll-offbox, pail, bulk tanker, etc.) listed in (b) through (h) below. 2. Waste from a pollution control process (e.g.; baghouse dust, treatment plant sludge, filter cake, sedimentation pond cleanout, etc.). 3. Waste, containing free liquids (free liquid wastes are -those wastes which fail the -paint filter test prescribed by, the United States Environmental Protection Agency Method 9095). 4. Residue and debris from the cleanup of a spill or a chemical substance or commercial product or a waste listed in (a) through (c) above or (e) through (h) below. This definition applies to spills of any size. 5. Contaminated residuals from the cleanup of a facility generating, storing, treating, recycling, or disposing chemical substances, commercial products, or waste listed in (4) through (d) above or (0 through (h) below. 6. Any Waste, which is nonhazardous as a result ,of treatment pursuant to RCRA Subtitle C. 7. 'Sludge waste. 8.. Waste from an industrial process. Type B Special Waste. Any waste from a commercial or industrial activity meeting any of the descriptions which Ulm. Friable asbestos from building -demolition or cleaning: wall board, wall or ceiling spray coverings, pipe insulation, etc. Nonfriable asbestos (e.g., asbestos containing floor tiles, brake pads, roofing products, etc.) is a Special Waste if it has been processed, handled, or used in such a way that asbestos fibers may be freely released. Asbestos,bearing industrial process waste is a Type A Special Waste. 2. Commercial products or chemicals which are off - specification, outdated, unused, or banned. Outdated or off -specification, uncontaminated food or beverage products in, original consumer containers are not included. in this category; however, containers which once held commercial products or chemicals are included if the container is empty. A container is empty when all wastes have been removed that can. be removed using the Landfill Services Agreement Page 13 of 14 practices commonly employed to remove materials from, that type of .container (e.g., pouring, pumping, or aspirating), an end has been removed (for containers in excess of 25 gallons), and no more than one inch (2.54 centimeters) of residue remains on the bottom of the container or inner liner, or no more than 3 percent by weight of the total capacity of the container remains in the container (for containers more or less than 110 gallons) or no more than. 0.3 percent by weight of the total capacity of the container remains in the container (for containers greater than 110 gallons)..A container which once held ACUTELY HAZARDOUS WASTES must be triple rinsed with an appropriate solvent or cleaned by an egoivalent method. Containers which once held substances regulated under the Federal Insecticide, Fungicide, and Rodenticide Act must be empty according to label instructions or triple rinsed. 3. Untreated biomedical waste. Any waste capable of inducing infection due to contamination with infectious agents from a biomedical source including but not limited to a hospital, medical clinic, nursing home, medical practitioner; mortuary, taxidermist, veterinarian, veterinary hospital, animal testing laboratory or medical `testing laboratory.. Any sharps from these sources must be rendered harmless or placed in needle puncture proof containers. 4. Treated medical waste. Any waste from a biomedical source including but not limited to a hospital, medical clinic, nursing home, medical practitioner, mortuary, taxidermist, veterinarian, veterinary hospital, animal testing laboratory, or medical testing laboratory which has been autoclaved or otherwise heat treated or sterilized so that it is no longer capable of inducing infection. Any sharps from these sources must be rendered harmless or placed in needle puncture proof containers. Residue resulting from the incineration of medical waste is a Type A Special Waste. 5. Residue/sludges from septic tanks, food service grease traps, or washwaters and wastewaters from commercial laundries, laundromats, and car washes. If these wastes are managed at a public or commercial wastewater treatment works, they are not a Special Waste. 6. Chemical -containing equipment removed from service in which the chemical composition and concentration are known (e.g., oil filters, cathode ray tubes, lab equipment, acetylene tanks, fluorescent light tubes, etc.). 7. Waste produced from the demolition or dismantling of industrial process equipment or facilities contaminated with chemicals from the industrial process. Chemicals or waste removed or drained from such equipment for facilities are• Type A Special Wastes. 8. Incinerator ash generated at a resource recovery facility that burns .only nonhazardous household, commercial or industrial waste and qualifies for the hazardous waste exclusion in 40 CFR 261A (b). If the regulatory authority does not recognize the household hazardous waste exclusion, then the ash is a Type A Special Waste. Landfill Services Agreement Page 14 of'14