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Agenda Packet
CITY COUNCIL AGENDA Notice is hereby given that the City Council of the City of Paris shall meet in regular session at 5:30 p.m. on Monday, January 22, 2024. The meeting will be held at the City Council Chamber, 107 E. Kaufman Street, in Paris, Texas. One or all Council Members may be attending remotely, but the feed will be available for live viewing at https://paristexas.goy/public. The matters to be discussed and acted upon are as follows: Opening Agenda 1. Call meeting to order. 2. Invocation. 3. United States Pledge of Allegiance & Texas Pledge of Allegiance. 4. A. Recognition of Deputy City Clerk Skylar Unger for completion of the Texas Municipal Clerk's Certification Program. B. Citizens' forum. (Persons desiring to address the Council 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 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 personal 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. Consent Agenda Items on the Consent Agenda are approved by a single action of the Council, with such approval applicable 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. 5. Approve minutes from the meeting of January 8, 2024. 6. Receive reports and/or minutes from the following boards and commissions: a. Planning & Zoning Commission (12-4-2023) b. Paris Visitor & Convention Council Quarterly Reports c. Love Civic Center Quarterly Reports 7. Receive December monthly financial report. 8. Receive December drainage report. 9. Receive demolition and code enforcement activity reports. 10. Approve the Replat of the East Park Addition, Block M, Lot 7R, LCAD 11132, located at 1441 N.E. 15th Street. 11. Approve the Replat of City Block 141 (submitted as Preliminary Plat of the McCuin 141 Addition Lot 1, Block A). 12. Approve a Resolution Ordering the Regular Municipal Election for the City of Paris, Texas, to be held on the first Saturday in May 2024, for the purpose of electing members of the Paris City Council in Districts 1, 2, 3 & 6 for the ensuing two years; designating polling places; Ordering Notices of Election to be given; and Declaring an effective date. 13. Approve a Resolution authorizing and approving a contract between the City of Paris and Lamar County Elections Administrator to assist, coordinate, supervise, and handle certain aspects of administering the General Election for May 4, 2024, for the City of Paris. 14. Approve a Resolution approving a Joint Election Agreement between the City of Paris and Paris Independent School District for the May 4, 2024 Election. 15. Approve a Resolution approving a Joint Election Agreement between the City of Paris and North Lamar Independent School District for the May 4, 2024 Election. 16. Approve Amendment No. 3 to the 2007 Professional Services Agreement between the City of Paris and Computer Information Systems, Inc., in the amount of $71,294.66, for procurement of the Saltus E -Ticket System through a contractual Amendment No. 3; and authorize the City Manager to execute all necessary documents. 17. Approve an Easement and Right -of -Way and the Oncor Discretionary Service Agreement for the purpose of relocation of power lines and poles. 18. Awards parks mowing bids and approve contracts to 1) Adams Lawn Service in the amount of $49,530.00 (49.64 acres), and 2) Green's Lawn Service in the amount of $39,205.00 (34.35 acres). Regular Agenda 19. Discuss, conduct a public hearing and act on an Ordinance regarding the petition of Nathan Spaulding for Lone Star Planned Developments, LLC on behalf of Covenant Christian Church for a Comprehensive Plan Amendment for a split land use of Low Density Residential (LDR) and Medium Density Residential (MDR) to Commercial (C) in the City of Paris, Block 351, Part of Lot 9 & 10 (9.32 acres), LCAD 18903 in the 4000 Block of S.E. Loop 286. 20. Discuss, conduct a public hearing and act on an Ordinance regarding the petition of Nathan Spaulding for Lone Star Planned Developments, LLC on behalf of Covenant Christian Church for a zoning change from an Agricultural District (A) to Commercial (C) in the City of Paris, Block 351, Part of Lot 9 & 10 (9.32 acres), LCAD 18903 located in the 4000 Block of S.E. Loop 286. 21. Discuss, conduct a public hearing and act on an Ordinance regarding the petition of Nathan Spaulding for Lone Star Planned Developments, LLC on behalf of Benny and Pat Short for a Comprehensive Plan Amendment from Low Density Residential (LDR) to Commercial (C) in the City of Paris, Block 352, Lot PT of 7, LCAD 110221 and Gibson Valley Estates, Block A, Lot 1, LCAD 101305 (4.86 acres) in the 4200 Block of S.E. Loop 286. 22. Discuss, conduct a public hearing and act on an Ordinance regarding the petition of Nathan Spaulding for Lone Star Planned Developments, LLC on behalf of Benny and Pat Short for a zoning change from an Agricultural District (A) to a Commercial District (C) in the City of Paris, Block 352, Lot PT of 7, LCAD 110221 and Gibson Valley Estates, Block A, Lot 1, LCAD 1011305 (4.86 acres) in the 4200 Block of S.E. Loop 286. 23, Discuss, provide direction to City Staff, and act on a Resolution regarding an application for disannexation of property located at 3197 FM 1497, Paris, Texas, filed by First Pentecostal Church of Paris. 24. Receive a presentation about temporary placement of flags at the Paris Historic Downtown Plaza during the month of February honoring Black History Month; and provide direction to staff. 25. Consider adoption of a resolution directing publication and posting of notice of intention to issue certificates of obligation 26. Discuss and act on a Resolution approving the amendment of the December 15, 2021 MOU with the RAM Foundation to provide for the recoupment of undedicated funds for the purposes of RAM's own affordable housing initiatives; and authorize the City Manager to execute all necessary documents. 27. Discuss and act on an Ordinance Adopting Chapter 33, "Vehicles for Hire," providing a repealer clause; providing a severability clause; providing a savings clause; providing a penalty clause; and providing an effective date. 28. Discuss and award a bid in the amount of $73,276.00 for Microsoft 365 integration service to Claro Enterprises Solutions, LLC; and authorize the City Manager to negotiate a contract in accordance with the bid and to execute same. 29. Discuss and act on an Ordinance Amending Section Appendix A, "Fee Schedule," Article A10.000, "Utility Rates and Charges," Section A10.010, "Residential Solid Waste Collection," and Repealing Section Al0.011, "Pickup of Brush or Bulky Waste," of the Code of Ordinances. 30. Convene into executive session pursuant to: A. 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: the Belford Building. B. Section 551.072 of the Texas Government Code, to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. C. Section 551.074 of the Texas Government Code, to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee as follows: city manager. 31. Reconvene into open session and possibly take action on those matters discussed in executive session. 32. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. 33. Adjournment. Certification I certify that the above notice of meeting was posted on the bulletin board in the City Hall Annex, 150 First St. SE, Paris, Texas and on the City's website at www.paristexas.gov, no later than 5:30 p.m. on January 19, 2024. Janice Ellis, City Clerk 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 Janice Ellis at (903) 784-9248 orjellis@paristexas.gov for assistance. Item No. 5 DRAFT CITY COUNCIL MINUTES MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS January 8, 2024 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, January 8, 2024, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: Reginald B. Hughes Mayor Pro -Tem: Mihir Pankaj Council Members: Shatara Moore, Gary Savage, Rebecca Norment; Clayton Pilgrim, and Rudy Kessel City Staff: Grayson Path, City Manager; Robert Vine, Deputy City Manager; Doug Harris, Assistant City Manager; Stephanie Harris, City Attorney; Janice Ellis, City Clerk; Gene Anderson; Finance Director; Rich Salter Police Chief, Duke McGee, Building Official; and Clyde Crews, Fire Marshal O penin � Agenda Call meeting to order. Mayor Hughes called the meeting to order at 5:30 p.m. 2. Invocation. Finance Director Gene Anderson gave the invocation. 3. United States Pledge of Allegiance & Texas Pledge of Allegiance. Mayor Pro -Tem Pankaj led the United States Pledge of Allegiance and the Texas Pledge of Allegiance. 4. Citizens' Forum. No one spoke during citizens' forum. Consent A Benda Mayor Hughes inquired of Council Members if they wished to pull any items from the consent agenda for discussion. There being none, a Motion to approve the consent agenda was made by Council Member Kessel and seconded by Council Member Savage. Motion carried, 7 ayes — 0 nays. 5. Approve minutes from the meeting of December 11, 2023. Regular Council Meeting January 8, 2024 Page 2 6. Receive reports and/or minutes from the following boards and commissions: a. Paris Economic Development Corporation (10-17-2023) b. Love Civic Center Board (9-14-2023) 7. Receive November drainage report. 8. Approve the Professional Services Agreement with Hayter Engineering for services related to storm water pollution prevention at Cox Field Airport. 9. Receive the November 2023 Financial Report. 10. Re -approve the City Investment Policy. Re r�1��-A.Aer�c1� 11. Discuss and act on RESOLUTION NO. 2024-01: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE CITY TO BE ELIGIBLE TO PARTICIPATE IN PROPERTY TAX ABATEMENTS AND APPROVING GUIDELINES AND CRITERIA FOR GRANTING TAX ABATEMENTS IN THE CITY OF PARIS, TEXAS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. City Attorney Stephanie Harris said the current policy was expiring this month and in order to continue to participate in a tax abatement program, the policy and guidelines would need to be re -adopted. Mayor Hughes opened the public hearing and asked that anyone who wished to speak about this item, to please come forward. With no one speaking, Mayor Hughes closed the public hearing. A Motion to approve this item was made by Mayor Pro -Tem Pankaj and seconded by Council Member Pilgrim. Motion carried, 7 ayes — 0 nays. 12. Discuss and act on RESOLUTION NO. 2024-002: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS REAUTHORIZING THE CITY TO BECOME ELIGIBLE TO PARTICIPATE IN RESIDENTIAL TAX ABATEMENTS RELATED TO THE 5 IN 5 HOUSING INFILL REDEVELOPMENT PROGRAM AND READOPTING THE GUIDELINES AND CRITERIA RELATED TO SAME; MAKING OTHER FINDINGS AND PROVISIONS RELATE TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Ms. Harris explained that last January Council approved the creation of the 5 in 5 Housing Infill Redevelopment Program and one of the incentives in the program was a residential tax abatement. She said the current policy was expiring this month and in order to Regular Council Meeting January 8, 2024 Page 3. continue to offer a tax abatement as incentive, they would need to re -adopt the policy and guidelines. Mayor Hughes opened the public hearing and asked that anyone who wished to speak about this item, to please come forward, With no one speaking, Mayor Hughes closed the public hearing. A Motion to approve this item was made by Mayor Pro -Tern Pankaj and seconded by Council Member Pilgrim. Motion carried, 7 ayes — 0 nays. 13. Discuss and act on a request from the Girl Scouts of Northeast Texas to build a pavilion on the Lake Gibbons property. Deputy City Manager Rob Vine explained that the Girl Scouts had been leasing property from the City on Lake Gibbons for over 20 years. He said the Girl Scouts were asking permission to perform repairs to the existing boathouse due to extensive damage received during the tornado of November 4, 2022. He also said they were seeking permission to build a Pavilion on the property. A Motion to approve this item was made by Council Member Kessel and seconded by Council Member Savage. Motion carried, 7 ayes — 0 nays. 14. Discuss and act on RESOLUTION NO. 2024-003: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, IN SUPPORT OF THE RED RIVER VALLEY VETERANS MEMORIAL MUSEUM, INC.'S APPLICATION TO THE US ARMY TANK -AUTOMOTIVE ARMAMENTS COMMAND FOR COMBAT EQUIPMENT FOR STATIC DISPLAY AT THE MEMORIAL LOCATED AT 2035 COLLEGIATE DRIVE AND GRANTING APPROVAL OF THE INSTALLATION AT THE SITE THEREOF; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. City Manager Grayson Path said the Red River Valley Veterans Memorial Museum had recently expanded their site and would like to add additional pieces of equipment in the future should equipment become available. He explained that the RRVMM wished to apply to the US Army Tank -Automotive and Armaments Command who required a letter of support and resolution by the City of Paris, as the City is the owner of the property. A Motion to approve this item was made by Council Member Pilgrim and seconded by Council Member Norment. Motion carried, 7 ayes — 0 nays. 15. Receive a presentation on the status of the Celebration Paris Senior Living Housing Project, discuss and act on RESOLUTION O. 2024-004: A RESOLUTION OF THE CITY OF PARIS, TEXAS CONTINUING SUPPORT OF JAVELIN PARTNERS, LLC'S CELEBRATION PARIS ELDERLY HOUSING DEVELOPMENT IN LIGHT OF THE PROJECT'S CHANGE IN SCOPE AND TO A PROPERTY -TAX-EXEMPT Regular Council Meeting January 8, 2024 Page 4 STRUCTURE; AUTHORIZING THE CITY MANAGER, OR THEIR DESIGNEE, TO SIGN A LETTER ACKNOWLEDGING THE CITY'S CONTINUED SUPPORT AND PROVIDING AN EFFECTIVE DATE. Mr. Path said two years ago the City Council approved a resolution supporting tax credits for this project through the State of Texas. He also said in September 2023, the City was informed by Celebration Paris that due to a number of financial issues with construction costs that the project was not feasible. Mr. Path reported that Celebration Paris had asked Paris Housing Authority to partner with them on this project and the agreement would be between the two entities but that a resolution supporting the project and partnership between the two entities was needed in order to apply for tax credits. Alan Naul gave City Council a brief presentation about the project, which included the process of getting tenants into the complex, taking vouchers from PHA and then vetting the applicants. He said once the lease expired the ownership would revert back to the PHA. Council Member Savage said this sounded like a good idea. Mayor Hughes inquired about the age requirement, Medicare and Medicaid. Mr. Naul said you had to be 55 and older, and having Medicare or Medicaid did not preclude someone from living there. Mayor Pro -Tem Pankaj inquired about a timeline. Mr. Naul explained the requested change would be submitted to the State and once approved; they would bring the project to the City to get permits. He estimated once approved it would take 14 months for construction depending on weather conditions. Council Member Kessel wanted to know if there were plans for single-family houses and Mr. Nall said there were not. Mr. Nall said the plans were for approximately 60 units. Liz Brooks with Paris Housing Authority said this process would run similar to Town Parc. Mr. Path explained more housing was needed. He explained this property would be tax exempt and becaue it was a partnership, a resolution supporting the project would need to be passed for them to apply for tax credits. A Motion to approve this item was made by Mayor Pro -Tem Pankaj and seconded by Council Member Kessel. Motion carried, 7 ayes — 0 nays. 16. Discuss and act on Amendment No. 3 to the Agreement for Professional Engineering Services with Garver for the Wastewater Treatment Plant Project. Assistant City Manager Doug Harris said the phase 2 construction package had been completed by Garver and the scope of services for Amendment No. 3 of the agreement included bidding services, construction observation, SCADA programming and construction administration, for a total amount of $1,860,098.00. He also said the scope of services and fee amount for Amendment No. 3 were specific to the phase 2 construction package. A Motion to approve this item was made by Council Member Pilgrim and seconded by Mayor Pro -Tem Pankaj. Motion carried, 7 ayes — 0 nays. 17. Discuss and act on the purchase of a replacement pump for Campbell's lift station in the amount of $109,775.14. Regular Council Meeting January 8, 2024 Page 5 Mr. Harris said this lift station was owned by the City but located close to Campbell's which is why it was referenced as Campbell's lift station. Mr. Harris explained this pump had been in service for approximately 38 years and had failed. Due to the age of the pump and the availability of parts, Mr. Harris said it was determined that the pump needed to be replaced. Council Member Savage confirmed with Mr. Harris that this expense would paid for out of ARPA funds. A Motion to approve this item was made by Mayor Pro -Tem Pankaj and seconded by Council Member Norment. Motion carried, 7 ayes — 0 nays. 18. Receive quarterly report on demolition projects. Code Enforcement Supervisor Robert Talley took the City Council through the process of demolition, which included determination of substandard structures, condemnations, procedure for demolishing a structure after condemnation, required notices at different phases, deadlines, Building and Standards Commission procedures, and referenced City Code Article 4.03 and Texas Local Government Code Chapters 54 and 214. He said from 2020 to the present, approximately 193 structures had been presented to BSC for demolition and 133 structures had been demolished from the Orders. He also said there were currently 60 structures remaining on the list. Mr. Talley reported the City had demolished 51 structures during the 2022-23 budget year and had demolished 16 in the first quarter of the 2023-24 budget year. Mr. Talley answered questions from the City Council. He said that staff appreciated that Council had allocated a $150,000.00 budget for the demolition of substandard and dilapidated structures. He explained that the City had a crew that did some of the work and hired out with Sanitation Solutions on some of the projects. Next, Mr. Talley reviewed the number of structures taken down and the current list. Council Member Savage told Mr. Talley he did a great job on this presentation, and was especially glad he took them through the process. 19. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. No future events were referenced 20. Adjournment. There being no further business, a Motion to adjourn was made by Mayor Pro -Tem Pankaj and Council Member Kessel and seconded by Council Member Savage. Mayor Hughes adjourned the meeting at 6:45 p.m. REGINALD B. HUGHES, MAYOR JANICE ELLIS, CITY CLERK Item No. 6 MINUTES OF THE PLANNING & ZONING COMMISSION MEETING OF THE CITY OF PARIS, TEXAS DECEMBER 04, 2023 The Planning & Zoning Commission of the City of Paris met for a regular session at 5:30 p.m. on Monday, December 04, 2023, in the City Hall, Council Chambers, 107 East Kaufman, Paris, Texas. Board Members Present: Clifton Fendley, Adam Bolton, Chance Abbott, Tylesha Ross Mosley, Francine Neeley City Representatives: Duke McGee, Building Official; Triniti Frazier, Community Development Coordinator; Todd Mittge, City Engineer; Robert Vine, Deputy City Manager; Doug Harris, Asst. City Manager Board Member(s) Absent: Chad Lindsey, Robert Spain Call meeting to order. Chairman Clifton Fendley called the meeting to order at 5:30 p.m. 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 existing policy, or to a staff person with specific factual information. Claims against the City, Council Members, or employees, as well as individual personal appeals are not appropriate for the citizens' forum.) The citizens' forum was declared open. With no one speaking the forum was declared closed. Approve minutes from the meeting of November 06, 2023. A Motion to approve the minutes was made by Board Member Adam Bolton and seconded by Board Member Tylesha Ross -Mosley. Motion carried, 5 ayes — 0 nays. 4 Conduct a public hearing and take action regarding the petition of John Mark Spencer for a zoning change from an Agricultural District (A) to a Commercial District (C) in the City of Paris, Block 306-C, Lot 1, LCAD 50105, located at 4010 N Main St. Duke McGee states the surrounding area and the future land use is Commercial. City staff is recommending approval of the zoning change from Agricultural to Commercial. The public hearing was declared open. John Mark Spencer states the zoning change request is for RV parts and accessories and not a RV Park. With no one else speaking the hearing was declared closed. A Motion to approve the zoning change to Commercial was made by Board Member Francine Neeley and seconded by Board Member Chance Abbott. Motion carried, 5 ayes — 0 nays. 5. Conduct a public hearing and take action regarding the petition of Adam Bolton on behalf of Gary Cook for a Comprehensive Plan Amendment from split use Retail (R) /Low Density Residential (LDR) to High Density .Residential (HDR) in the City of Paris, Block 199, Lot S PT of 2, LCAD 17210, located at 1610 Bonham St. Duke McGee states that city staff is recommending approval of the Comprehensive Plan Amendment to HDR.. A Motion was made by Board Member Clifton Fendley and seconded by Board Member Chance Abbott to recuse Board Member Adam Bolton from this item. The public hearing was declared open. With no one speaking the hearing was declared closed. A Motion to approve the Comprehensive Plan Amendment was made by Board Member Chance Abbott and seconded by Board Member Tylesha Ross -Mosley. Motion carried, 4 ayes — 0 nays. 6. Conduct a public hearing and take action regarding the petition of Adam Bolton on behalf of Gary Cook for a zoning change from a Two -Family Dwelling District (2F) to a Multiple - Family Dwelling .District No. 1 (MF -1) in the City of Paris, Block 199, Lot S PT of 2, LCAD 1. 7210, located at 1610 Bonham St. Duke McGee states that city staff is recommending approval of the zoning change. The public hearing was declared open. With no one speaking the hearing was declared closed. A Motion to approve the zoning change was made by Board Member Chance Abbott and seconded by Board Member Tylesha Ross -Mosley. Motion carried, 4 ayes — 0 nays. A Motion for Adam Bolton to rejoin the meeting was made by Clifton Fendley and seconded by Chance Abbott. Motion carried 4 ayes — 0 nays. T Conduct a public hearing and take action regarding the petition of Clint Cheatwood for a text amendment to Exhibit 9B Zoning Ordinance 8-501 Home Occupations to add (1) j. Caterer and to provide regulations related thereto. Duke McGee states that city staff is recommending approval of the text amendment. The public hearing was declared open. With no one speaking the hearing was declared closed, A Motion to approve the text amendment was made by Board Member Francine Neeley and seconded by Board Member Adam Bolton. Motion carried, 5 ayes — 0 nays. Conduct a public hearing and take action regarding the petition of the City of Paris, Texas to update the Subdivision Regulations, specifically to amend Exhibit 9A — Subdivision Ordinance for Preliminary/Final Platting and General Requirements; Thoroughfare Plan, Todd Mittge states that city staff is still working on the update. It appears that there are different issues that need further investigation by staff and legal counsel. Staff is asking for more time to review the changes and proposes that the public hearing be opened and remain open until the February 5, 2024 Planning & Zoning meeting. The same recommendation will be made to counsel on Monday because it was advertised but it is better to wait and present all the items at one time. The public hearing was declared open and no testimony was taken. A Motion for the public hearing to remain open was made by Board Member Francine Neeley and seconded by Board Member Adam Bolton. Motion carried, 5 ayes — 0 nays. 9. Consideration of and action on the Preliminary Plat of the Buster Flats Addition, Lot 1, Block 1, LCAD 17210, located at 1610 Bonham Street. Board Member Adam Bolton was recused on this item. Todd Mittge states that staff is recommending approval of the preliminary plat without conditions. A Motion to approve the preliminary plat without any conditions was made by Board Member Chance Abbott and seconded by Board Member Tylesha .Ross -Mosley. Motion carried, 4 ayes — 0 nays. 10. Consideration of and action on the Final Plat of the Buster Flats Addition, Lot 1, Block 1, LCAD 17210, located at 1610 Bonham Street. Todd Mittge states that staff is recommending approval of the preliminary plat without conditions. A Motion to approve the final plat without conditions was made by Board Member Tylesha Ross -Mosley and seconded by Board Member Chance Abbott. Motion carried, 4 ayes — 0 nays. Adam Bolton rejoined the meeting. 11. Consideration of and action on the Preliminary Plat of the Culbertson Park Addition CB 112B, Lots I and 2, Block A, LCAD 15827 and 15828, located in the1500 Block of Hearon St. Todd Mittge states that staff is recommending approval of the preliminary plat with two conditions, one of which is for a variance for lot width. A Motion to approve the preliminary plat with two conditions was made by Board Member Francine Neeley and seconded by Board Member Tylesha Ross -Mosley. Motion carried, 5 ayes — 0 nays. 12. Consideration of and action on the Final Plat of the Culbertson Park Addition CB 112B, Lots 1 and 2, Block A, LCAD 15827 and 15828, located in the 1500 Block of Hearon St. Todd Mittge states that staff is recommending approval of the final plat with three conditions to include minor formatting of the title block. A Motion to approve the preliminary plat with three conditions was made by Board Member Tylesha Ross -Mosley and seconded by Board Member Adam Bolton. Motion carried, 5 ayes — 0 nays. 13. Consideration of and action on the Preliminary Plat of the .Harper Industrial Addition, Lot 1, Block A, LCAD 111478, 121013, 71912, 71910 and 70702, located in the 2400 Block of Church Street. Todd Mittge states that staff is recommending approval of the preliminary plat with one minor condition for the utility locations to be updated on the map. A Motion to approve the preliminary plat with the minor condition was made by Board Member Francine Neeley and seconded by Board Member Adam Bolton. Motion carried, 5 ayes — 0 nays. 14. Consideration of and action on the Final Plat of the Harper Industrial Addition, Lot 1, Block A, LCAD 1 l 1478, 121013, 71912, 71910 and 70702, Iocated in the 2400 Block of Church Street. Todd Mittge states that staff is recommending approval of the final plat with the same condition. A Motion to approve the preliminary plat with city recommendation was made by Board Member Adam Bolton and seconded by Board Member Francine Neeley. Motion carried, 5 ayes — 0 nays. 15. Consideration of and action on the Preliminary Plat of the Lamar County Emergency Center Addition, Lot 1, Block 1, LCAD 59544, located at 2805 N Main St. Todd Mittge states that staff is recommending approval of the preliminary plat without conditions. A Motion to approve the preliminary plat without conditions was made by Board Member Tylesha Ross -Mosley and seconded by Board Member Adam Bolton. Motion carried, 5 ayes — 0 nays. 16. Consideration of and action on the Final Plat of the Lamar County Emergency Center Addition, Lot 1, Block 1, LCAD 59544, located at 2805 N Main St. Todd Mittge states that staff is recommending approval of the final plat without conditions. A Motion to approve the final plat without conditions was made by Board Member Tylesha Ross -Mosley and seconded by Board Member Chance Abbott. Motion carried, 5 ayes — 0 nays. 17. Consideration of and action on the Preliminary Plat of the North Main Plaza Addition, Lot 1, Block A, LCAD 53645, located at 2310 N Main St. Todd Mittge states that staff is recommending approval of the preliminary plat with two conditions. A Motion to approve the preliminary plat with the two conditions was made by Board Member Francine Neeley and seconded by Board Member Adam Bolton. Motion carried, 5 ayes — 0 nays. 18. Consideration of and action on the Final Plat of the North Main Plaza Addition, Lot 1, Block A, LCAD 53645, located at 231.0 N Main St, Todd Mittge states that staff is recommending approval of the final plat with three conditions. A Motion to approve the final plat with three conditions was made by Board Member Chance Abbott and seconded by Board Member Tylesha Ross -Mosley. Motion carried, 5 ayes — 0 nays. 19. Consideration of and action on the Replat of the Westview Addition, Lots 7R and 8R, Block A, LOAD 130518 and 20605, located in the 1800 Block of W Houston St. Todd Mittge states that staff is recommending the replat be approved with four conditions. A Motion to approve the replat with four conditions was made by .Board Member Adam Bolton and seconded by Board Member Francine Neeley. Motion carried, 5 ayes — 0 nays. 20. Request items for future agendas. Commissioners discussed the January meeting date since the first Monday is a holiday... The Commission agreed that Wednesday, January 03, 2024 would work for everyone. Duke McGee states that the Paris Development Code Committee is now missing a member with Michael Mosher no longer on the Commission. McGee asked for a volunteer to be appointed from the Planning Commission on the next agenda. 21. Adjournment. There being no further business, the meeting was adjourned at 5:47 p.m. :APPROVED THE P DAY OF JANUARY, 2024 j Chairpen.,sn ° VCC Quarterly Reports for October, November, and December, 2023 October October 191h thru 22"d TEXPACC Advanced Square Dance Convention Budgeted Item October 28th Room Nights: 175 City of Main Street "Festival of Pumpkins" Funded: $1875 November Room Nights 18 November 4th and 5th and December 91h and 10th — same event on both dates Texas K9 Precision Coursing Funded:$1005 December December 28t1 thru 30th Paris High Basketball Tournament Funded: $5000 Room Nights: 25 total Room Nights: 150 Paris Visitor & Convention Council Statement of Assets, Liabilities and Net Assets Modified Cash Basis November 30, 2023 ASSETS CURRENT ASSETS HOT Checking Not HOT Checking Liberty MM 5269 First Federal CD 8703 -NH Credit Union of Texas 6406- NH LNB CD 25490 Total Current Assets OTHER ASSETS Due From Not Hot Checking Due From- COC Total Other Assets Total Assets LIABILITIES AND NET ASSETS CURRENT LIABILITIES Due to COC Due to LCC Due to Hot Checking Payroll Liabilities Sales Tax Payable Total Current Liabilities NET ASSETS Retained Earnings Net Income Total Net Assets Total Liabilities and Net Assets $ 71,300.55 238,957.97 218,543.58 50,000.00 50,197.28 51.,.944.56 680,943.94 1,500.00 428.53 1,928.63 $ 682 872.47 $ 13,589.74 2,763.86 1,500.00 833.96 120.59 18„808.15 733,246.58 69L182.26) 664 064.32 -2=4$ 582,672.47 Financial statement preparation service provided'by Malnory, McNeal & Company PC, CPAs in accordance with professional standards issued by the AICPA, substantially all disclosures ordinarily included in financial statements prepared in accordance with the modified cash basis of accounting are omitted and no assurance is provided Paris Visitor & Convention Council Budget to Actual, Year to Date Modified Cash Basis For the 2 Months Ended November 30, 2023 2 Months Ended 2 Months Ended Nov 30, 2023 Nov 30, 2023 Variance % of Budget Annual Budget Actual Budget Revenue Hotel / Motel Occupancy Tax $ 0.00 $ 0.00 $ 0.00 0.00% $ 850,000.00 Hot Money Interest _ 1053.59 166.00 887.59 634.69% 1000.00 Total Revenue 0 887.59 634.69% 851000.00, Operating Expenses Postage 23.22 25.00 (1.78) 92.88% 750.00 Misc Expenses 111.59 100.00 11.59 111.59% 730.00 General Liability 0.00 0.00 0.00 0.00% 2,000.00 D &•0 Insurance 0.00 0.00 0.00 0.00% 1,700.00 Worker's Comp 557.16 1,000.00 (442.84) 55.72% 1,000.00 Staff Ins./Retirement 1,131.48 1,532.00 (400.52) 73.86% 9,200.00 Meetings & Hosting 941.86 500.00 441.86 188.37% 500.00 Chamber Management 12,500.00 12,500.00 0.00 100.01) % 50,000.00 Out of Town Travel 318.13 350.00 (31.87) 90.89% 3,000.00 Intovin Auto/Exp Allowance 400.00 500.00 (100.00) 80.00% 3,000.00 Membership Dues/Sub. 1,650.00 1,750.00 (100.00) 94.29% 6,800.00 Audit 0.00 0.00 0.00 0.00% 3,000.00 Bookkeeping. 1,051.33 1,166.00 (114.67) 90.17% 7,060.00 Payroll Eipenses 14,273.04 14,666.00 (392.96) 97.32% 88,000.00 PayrollTax'Expense 1,081.57 1r154.00 (72.43) 93.72% 6,920.00 Office Expense 882.08 900.00 (17.92) 98.01 % 3,000.00 Communications 66.42 668.00 (601.58) 9.94% 4,000.00 Historical; Museum 0.00 0.00 0.00 0.00% 3,500.00 Bank Service Charge 140.82 84.00 56.82 167.64% 500.00 Motel Tax Transferred to LCC 0.00 0.00 0.00 0.00% 425,000.00 Marketing / Advertising 12,656.55 12,700.00 (43.45) 99.66% 85,000.00 Chaparral Square Dancers 65.66 65.00 0.66 101.02% 2,100.00 Tour de Paris Exp 350.00 350.00 0.00 100.00% 32,000.00 ASA 0.00 0.00 0.00 0.00% 15,000.00 ASA Indoor Archery Event Exp 0.00 0.00 0.00 0.00% 2,000.00 SDBA Boat Races 0.00 0.00 0.00 0.00% 7,000.00 TMBRA Bicycle Race Exp 0.00 0.00 0.00 0.00% 14,000.00 Red Bull Qualifier Exp 1,148.34 0.00 1,148.34 0.00% 0.00 Pump Track Event 6,100.11 4,000.00 2,100.11 152.50% 4,000.00 Branding Discovery 750.00 750.00 0.00 100.00 % 5,000.00 Jettribe Expense 0.00 0.00 0.00 0.00% 10,000.00 Eclipse Expense 2,409.00 0.00 2,409.00 0.00% 0.00 Steak Wars 0.00 0.00 0.00 0.00% 10,000.00 Events Promotion / Funding 10,890.00 11,500.00 (610.00) 94.70% 60,000.00 Arts Allocation 0.00 0.00 0.00 0.00% 7,000.00 Rent to COC 2,000.00 2,000.00 0 _ 00 100.00 % .._. 12,000.00 Total Operating Expenses 71,498.36 68,260.00 3,236.36 104.74% 884,700.00 Operating Income (Loss) -- 70 444.77 (68,094.00 ___A2,,350.77' 103.45% 33,700.00' NOT -HOT INCOME Trolley / Historical 1,050.00 1,050.00 0.00 100.00% 5,000.00 Tour de Paris Income 0.00 0.00 0.00 0.00% 50,000.00 ASA Indoor Archery Event 0.00 0.00 0.00 0.00% 1,500.00 TMBRA Bicycle Race 0.00 0.00 0.00 0.00% 14,000.00 Pump Track Event Income 1,645.00 1,000.00 645.00 164.50% 1,000.00 Prospective Event Income 0.00 0.00 0.00 0.00% 50,000.00 Souvenir Sales 1,368.81 1,450.00 (81.19) 94.40% 4,000.00 Interest Income 221.92 _ 166.00 55.92 133.69% 1,000.00 Total Not -Hot Income _ 4,285.73 3,666.00 619.73 116.90% 126,500.00 Financial statement preparation service provided by Malnory, McNeal & Company PC, CPAs in accordance with professional standards issued by the AICPA, substantially all disclosures ordinarily included in financial statements prepared in accordance with the modified cash basis of accounting are omitted and no assurance is provided Paris Visitor & Convention Council Budget to Actual, Year to Date Modified Cash Basis For the 2 Months Ended November 30, 2023 NOT -HOT EXPENSES 412.82 Credit Card Fees 744.82 Trolley Driver 157.50 Trolley Expenses 1,321.60 Trolley Insurance 374.30 Souvenir Exp 425.00 903 Sunset Concert Series Exp 0.00 Prospective Event Exp 0.00 Total Not -Hot Expenses 3,023.22 Net Income (Loss) $„ 69182.26 332.00 412.82 224.34% 2,000.00 150.00 7.50 105.00% 2,500.00 1,375.00 (53.40) 96.12% 5,000.00 350.00 24.30 106.94% 2,100.00 425.00 0.00 100.00% 4,000.00 0.00 0.00 0.00% 25,000.00 _._ 0.00 0.00 0.00% 50,000.00 2,632.00 391.22 114.86 % 90,600.00 2,122.26) 103.161% 2200.00 Financial statement preparation service provided by Malnory, McNeal 8c Company PC, CPAs in accordance with professional standards issued by the AICPA, substantially all disclosures ordinarily included in financial statements prepared in accordance with the modified cash basis of accounting are omitted and no assurance is provided Paris Visitor & Convention Council Budget to Actual, Current Month and Prior Year Period Modified Cash Basis For 1 Month Ended November 30, 2023 and 2022 and 2 Months Ended November 30, 2022 NOT -HOT EXPENSES Credit Card Fees 1 Month Ended 1 Month Ended 1 Month Ended 2 Months Ended Trolley Driver Nov 30, 2023 Nov 30, 2023 Nov 30, 2022 Nov 30, 2022 Trolley Expenses Actual Budget Actual Actual REVENUE 184.57 175.00 190.65 385.50 Hotel / Motel Occupancy Tax $ 0.00 $ 0.00 $ 239,253.89 $ 239,253.89 Hot Money Interest _____,1047.46 83.00 _ 12.40 43.31 Total Revenue 1� 83.00 239 266.29 m 239,297.20 OPERATING EXPENSES Postage 23.22 25.00 15.80 15.80 Misc Expenses 0.00 0.00 0.00 17.61 Worker's Comp 557.16 1,000.00 53.63 53.63 Staff ins./Retirement 483.69 766.00 556.19 1,112.36 Meetings & Hosting 941.86 500.00 26.47 26.47 Chamber Management 12,500.00 12,500.00 12,500.00 12,500.00 Out of Town Travel 318.13 350.00 0.00 0.00 Intown Auto/Exp Allowance 200.00 250.00. 200.00 400.00 Membership Dues/Sub. 250.00 250.00 0.00 825.00 Bookkeeping 600.58 583.00 497.50 1,147.00 Payroll Expenses 7,136.52 7,333.00 6,997.26 13,857.00 Payroll Tax Expense 540.78 577.00 530.10 1,049.72 Office Expense 178.89 200.00 260.18 423.38 Communications 66.42 334.00 304.17 304.17 Bank Service Charge 37.46 42.00 7.46 18.65 Motel Tax Transferred to LCC 0.00 0.00 119,626.95 119,626.95 Marketing / Advertising 8,415.55 8,500.00 2,700.00 4,700.00 Chaparral Square Dancers 14.01 ' 15.00 (172.50) (172.50) Tour de Paris Exp 350.00 350.00 175.00 175.00 Red Bull Qualifies Exp 1,148.34 0.00 0.00 0.00 Pump Track Event 833.75 500.00 0.00 0.00 Eclipse Expense 2,409.00 0.00 0.00 0.00 Events"Prornotion / Funding 500.00 500.00 3,907.75 9,831.75 Arts Allocation 0.00 0.00 0.00 7,000.00 Rent to O ,0 O.DD . ._ 000.00 0 .IT, _ 1.000.00 2,000.00 Total Operating Expenses 38 506.36 35„575.00 149,185.96 174911.99 Operating Income (Loss) 37 458.90) ___115,492.00j 90,080.33 64,385.21 NOT -HOT INCOME Trolley 1 Historical 750.00 750.00 700.00 2,000.00 Pump Trade Event Income 970.00 350.00 0.00 0.00 Souvenir Sales 530.34 600.00 366.59 1,353.84 Interest Income 108.29 83.00 121.69 234.96 Total Other Income 2,358.63 1,783.00 1,188.28 NOT -HOT EXPENSES Credit Card Fees 284.07 166.00 295.84 505.04 Trolley Driver 157.50 150.00 0.00 331.00 Trolley Expenses 1,251.60 1,300.00 213.00 213.00 Trolley Insurance 184.57 175.00 190.65 385.50 Souvenir Exp _..... 0.00 0.00 0.00 493.60 Total Not -Hot Expenses _ 1,877.74 1,791.00 �699A9 Net Income (Loss) $ (36,978.01) Financial statement preparation service provided by Malnory, McNeal & Company PC, CPAs in accordance with professional standards issued by the AICPA, substantially all disclosuresQrdinariiy included in financial statements prepared in accordance with the modified cash basis of accounting are omitted and no assurance is provided Paris Visitor & Convention Council Statement of Assets, Liabilities and Net Assets Modified Cash Basis October 31, 2023 ASSETS CURRENT ASSETS HOT Checking Not HOT Checking Liberty MM 5269 First Federal CD 8703 -NH Credit Union of Texas 6406- NH LNB CD 25490 Total Current Assets OTHER ASSETS Due From Not Hot Checking Due From LCC Due From COC Total Other Assets Total Assets LIABILITIES AND NET ASSETS CURRENT LIABILITIES Due to COC Due to LCC Due to Hot Checking Payroll Liabilities Sales Tax Payable Total Current Liabilities NET ASSETS Retained Earnings Net Income Total Net Assets Total Liabilities and Net Assets $ 95,670.39 238,731.72 217,500.30 50,000.00 50,197.28 51,944.56 704,044.25 1,500.00 252.00 198.67 1,950.67 $ _.1051994.92 $ 128.39 2,877.36 1,500.00 871.44 75.40 5,452.59 733,246.58 (32,7-04.25) 700,542.33 $ 705,994.92 Financial statement preparation service provided by Malnory, McNeal & Company PC, CPAs in accordance with professional standards issued by the AICPA, substantially all disclosures ordinarily included in financial statements prepared in accordance with the modified cash basis of accounting are omitted and no assurance is provided Paris Visitor & Convention Council Budget to -Actual, Year to Date Modified Cash Basis For the 1 Month Ended October 31, 2023 1 Month Ended 1 Month Ended Oct 31, 2023 Oct 31, 2023 Variance % of Budget Annual Budget Actual Budget Revenue Hotel / Motel Occupancy Tax $ 0.00 $ 0.00 $ 0.00 0.00% $ 850,060.00 Hot Money Interest --6.13 83.00 __26-8J7 7.39% 100000 Total Revenue 6.13 83.00 _�16�87 7.39% 851,000.00 Operating Expenses Postage 0.00 0.00 0.00 0.00% 750.00 Misc Expenses 111:59 100.01) 11.59 111.59% 730.00 General Liability 0.00 0.00 0.00 0.00% 2,000.00 D & O Insurance 0.00 0.00 0.00 0.00% 1,700.00 Worker's Comp 0.00 0.00 0.00 0.00% 1,000.00 Staff Ins./Retirement 647.79 766.00 (118.21) 84.57% 9,200.00 Meetings & Hosting 0.00 0.00 0.00 0.00% 500.00 Chamber Management 0.00 0.00 0.00 0.00% 50,000.00 Out of Town Travel 0.00 0.00 0.00 0.00% 3,000.00 Intown Auto/Exp Allowance 200.00 250.00 (50.00) 80.00% .3,000.00 Membership Dues/Sub. 1,400.00 1,500.00 (100.00) 93.33% 6,600.00 Audit 0.00 0.01) 0.00 0.00% 3,000.00 Bookkeeping 450.75 583.00 (132.25) 77.32% 7,000.00 Payroll Expenses 7,136.52 7,333.00 (196.48) 97.32% 86,000.00 Payroll Tax Expense 540.79 577.00 (36.21) 93.72% 6,920.00 Office Expense 703.19 70D.OD 3.19 100.46% 3,000.00 Communications 0.00 334.00 (334.00) 0.00% 4,000.00 Historical Museum 0.00 O.OD 0.00 0.00% 3,500.00 Bank Service Charge 103.36 42.00 61.36 246.10% 500.00 Motel Tax Transferred to LCC 0.00 0.01) 0.00 0.00% 425,000.00 Marketing / Advertising 4,240.00 4,200.00 40.00 100.25% 85,000.00 Chaparral Square Dancers 51.65 50.01) 1.65 103.30% 2,100.00 Tour de Paris Exp 0.00 0.00 0.00 0.00% 32,000.00 ASA 0.00 0.00 0.00 0.00% 15,000.00 ASA Indoor Archery Event Exp 0.00 0.00 0.00 0.00% 2,000.00 SOBA Boat Races 0.00 0.00 0.00 0.00% 7,000.00 TMBRA Bicycle Race Exp 0.00 0.00 0.00 0.00% 14,000.00 Pump Track Event 5,286.36 3,500.00 1,766.36 150.47% 4,000.00 Branding Discovery 750.00 750.00 0.00 100.00% 5,000.00 Jettribe Expense 0.00 0.00 0.00 0100% 10,000.00 Steak Wars 0.00 0.00 0.00 0.00% 10,000.00 Events Promotion /Funding 10,890.00 11,000.00 (110.00) 99.00% 60,000.00 Arts Allocation 0.00 0.00 0.00 0.00% 7,000.00 Rent to COC 1,000.00 1,000.00 0.00 100.00 % 12 000.00 Total Operating Expenses p g p 33492.00 32,685.00 807.00 102.47% 884,700.00, Operating Income (Loss) „__. (33,485.87) 32,602E 883 8'7' 102.71% 33,700.01)1 NOT -HOT INCOME Trolley / Historical 300.00 300.00 0.00 100.00% 5,000.00 Tour de Paris Income 0.00 0.00 0.00 0.00% 50,ODO.00 ASA Indoor Archery Event 0.00 0.00 0.00 0.00% 1,500.00 TMBRA Bicycle Race 0.00 0.00 0.00 0.00% 14,ODO.00 Pump Track Event Income 675.00 650.00 25.00 103.85% 1,000.00 Prospective Event Income 0.00 0.00 0.00 0.00 % 50,000.00 Souvenir Sales 838.47 850.00 (11.53) 98.64% 4,000.00 Interest Income �m 113.63 83.00 30.63 136.90% 1,000.00 Total Not,Hotlncome 1,927.10 1IL883-00 44.10 .�.,�..„,,......�„ 102.34% 126,500.00., Financial statement preparation service provided by Malnory, McNeal & Company PC, CPAs in accordance with professional standards issued by the AICPA, substantially all disclosures ordinarily included in financial statements prepared in accordance with the modified cash.basis of accounting are omitted and no assurance is provided Paris Visitor & Convention Council Budget to Actual, Year to Date Modified Cash Basis For the 1 Month Ended October 31, 2023 NOT -HOT EXPENSES Credit Card Fees 460.75 166.00 294.75 277.56% 2,000.00 Trolley Driver 0.00 0.00 0.00 0.00% 2,500.00 Trolley Expenses 70.00 75.00 (5.00) 93.33% 5,000.00 Trolley Insurance 189.73 175.00 14.73 108.42% 2,100.00 Souvenir Exp 425.00 0.00 425.00 0.00% 4,000.00 903 Sunset Concert Series Exp 0.00 0.00 0.00 0.00% 25,000.00 Prospective Event Exp ..0.00 0.00 0.00 0.00% 50,000.00 Total Not -Hot Expenses 1,145.48 416.00 729.48 276.36% 90,600.00 Net Income (Loss) : � 347Q4.2j5 31 135.00 3 1 569,225 105.04% 2200.00 Financial statement preparation service provided by Malnory, McNeal & Company PC, CPAs in accordance with professional standards issued by the AICPA, substantially all disclosures ordinarily included in financial statements prepared in accordance with the modified cash basis of accounting are omitted and no assurance is provided Paris Visitor & Convention Council Budget to Actual, Current Month and Prior Year Period Modified Cash'Basis For 1 Month Ended October 31, 2023 and 2022 and 1 Month Ended October 31, 2022 Net Income (Loss) $ 11,704.25 $ �135.OD1 $ 24,523.25 $ Ary 24,523.25 Financial statement preparation service provided by Malnory. WNcal & Company PC, CPAs in accordance with professional standards issued by the AICPA, substantially all disclosures ordinarily included in financial statements prepared in accordance with the modified cash basis of accounting are omitted and no assurance is provided 1 Month Ended 1 Month Ended 1 Month Ended 1 Month Ended Oct 31, 2023 Oct 31, 2023 Oct 31, 2022 Oct 31, 2022 Actual Budget Actual Actual REVENUE Hot Money Interest $ ..6.13 $. 83.00 $ 30.91 $ 30:91„ Total Revenue 8.13 83.00 30.91 30.91 OPERATING EXPENSES Misc Expenses 111.59 100.00 17.61 17.61 Staff Ins./Retirement 647.79 766.00 556.17 556.17 Intown Auto/Exp Allowance 200.00 250.00 200.00 200.00 Membership Dues/Sub. 1,400.00 1,500.00 825.00 825.00 Bookkeeping 450.75 583.00 649.50 649.50 Payroll Expenses 7,136.52 7,333.00 6,859.74 6,859.74 Payroll Tax Expense 540.79 577.00 519.62 519.62 Office Expense 703.19 700.00 163:20 163.20 Bank Service Charge 103.36 42.00 11.19 •11.19 Marketing / Advertising 4,240.00 4,200.00 2,000.00 2,000.00 Chaparral Square Dancers 51.65 50.00 0.00 0.00 Pump Track Event 5,266.36 3,500.00 0.00 0.00 Branding Discovery 750.00 750.00 0.00 0.00 Events Promotion / Funding 10,890.00 11,000.00 5,924.00 5,924.00 Arts Allocation 0.00 0:00 7,000.00 7,000.00 Rent to COC 1,000.00 1,000.00 1 „000.0010000.00 Total Operating Expenses 33,492.00 32,685.00 25,726.03 25 728.03 Operating Income (loss) 33,485.87 '32,602.00 '25,695.12 (25,895.121 NOT -HOT INCOME Trolley/ Historical 300.00 300.00 1,300.00 1,300.00 Pump Trade Event Income 675.00 650.00 0.00 0.00 Souvenir Sales 838.47 850.00 987.25 987.25 Interest Income 11.3.63 83.00 113.27 113:27 Total Other Income 1,927.10 1,883.00 2,400.52 2400.52 NOT -HOT EXPENSES Credit Card Fees 460.75 166.00 209.20 209.20 Trolley Dr`mer 0.00 0.00 331.00 331.00 Trolley Expenses 70.00 75.00 0.00 0.00 Trolley Insurance 189.73 175.00 194.85 194.85 Souvenir Exp 425.00 _ 0.00 493.60 493.60 Total Not Hot Expenses P 1 145.48 � 416.00 1,228.65 1.L228-65 Net Income (Loss) $ 11,704.25 $ �135.OD1 $ 24,523.25 $ Ary 24,523.25 Financial statement preparation service provided by Malnory. WNcal & Company PC, CPAs in accordance with professional standards issued by the AICPA, substantially all disclosures ordinarily included in financial statements prepared in accordance with the modified cash basis of accounting are omitted and no assurance is provided Paris Visitor & Convention Council Statement of Assets, liabilities and Net Assets Modified Cash Basis December 31, 2023 ASSETS CURRENT ASSETS HOT Checking $ 301,934.79 Not HOT Checking 239,861.98 Liberty MM 5269 218,543.58 First Federal CD 8703 -NH 50,000.00 Credit Union of Texas 6406- NH 50,197.28 LNB CD 25490 52,238.30 Total Current Assets 912„775.93 OTHER ASSETS. 733,596.78 Due From COC 784.61 Total Other Assets 784.61 Total Assets —9131.560.6„1 LIABILITIES AND NET ASSETS CURRENT LIABILITIES Credit Card Payable $ 1,273,92 Due to COC 14,538.65 Due to LCC 126,845.10. Payroll Liabilities 1,004.66 Sales Tax Payable 139.80 Total Current Liabilities 143,802.13 NET ASSETS Retained Earnings 733,596.78 Net Income 36„161.63 Total Net Assets 7 Total Liabilities and Net Assets $ 913„560.54 Financial statement preparation service provided by Malnory, McNeal & Company PC, CPAs in accordance with professional standards issued by the AICPA, substantially all disclosures ordinarily included in financial statements prepared in accordance with the modified cash basis of accounting are omitted and no assurance is provided Paris Visitor & Convention Council Budget to Actual, Year to Date Modified Cash Basis For the 3 Months Ended December 31, 2023 Financial statement preparation service provided by Malnory, McNeal & Company PC, CPAs in accordance with professional standards issued by the AICPA, substantially all disclosures ordinarily included in financial statements prepared in accordance with the modified cash basis of accounting are omitted and no assurance is provided 3 Months Ended 3 Months Ended Dec 31, 2023 Dec 31, 2023 Variance % of Budget Annual B4dget Actual Budget Revenue Hotel / Motel Occupancy Tax $ 241,868.82 $ 212,500.00 $ 29,368.82 113.82% $ 850,000.00 Hot Money Interest 1,35B.06 06 _ p 249.00 1,107.06 544.60% _mwmw 1,000.00 Total Revenue _._._;431224.88 212,749.00 30,475.88 114.32% x00 Operating Expenses Postage 65,41 65.00 0.41 100.63% 750.00 Misc Expenses 111.59 100.00 11.59 111.59 % 730.00 General Liability 0.00 0.00. 0.00 0.00% 2,000.00 D & O Insurance 0.00 0.00 0.00 0.00% 1,700.00 Workers Comp 646.90 1,000.00 (353.10) 64.69% 1,000.00 Staff Ins./Retirement 1,615.17 2,298,00 (682.83) 70.29% 9,200,00 Meetings & Hosting 951.82 500.00 451.82 190.36% 500.00 Chamber Management 12,500.00 12,500.00 0.00 100.00% 50,000.00 Out of Town Travel 1,433.31 1,350.00 83.31 106.17% 3,000.00 Intown Auto/Exp Allowance 600.00 750.00 (150.00) 80.00% 3,000.00 Membership Dues/Sub. 1,650.00 1,750.00 (100.00) 94.29% 6,800.00 Audit 0.00 0.00 0.00 0.00% 3,000.00 Bookkeeping 1,607.83 1,749.00 (141.17) 91.93% 7,000.00 Payroll Expenses 22,452.30 21,999.00 453.30 102.06•% 88,000.00 Payroll Tax Expense 1,702.12 1,731.00 (28.88) 98.33% 6;920.00 Office Expense 937.33 950.00 (12.67) 98.67% 3,000.00 Communications 269.73 1,002.00 (732.27) 26.920% 4,000.00 Historical Museum 0.00 0.00 0.00 0.06% 3,500.00 Bank Service Charge 178.28 126.00 52.28 141.49% 500.00 Motel Tax Transferred to LCC 120,934.41 106,250.00 14,684.41 113.82% 425,000.00 Marketing / Advertising 17,893.85 18,000.00 (106.15) 99.41 °% 87,000.00 Chaparral Square Dancers 65.66 65.00 0.66 101.02% 2,100.00 Tour de Paris Exp 850.00 850.00 0.00 100.00% 32,000.00 ASA 0.00 0.00 0.00 0.00 °% 15,000.00 ASA Indoor Archery Event Exp 0.00 0.00 0.00 0.00% 2,000.00 SDBA Boat Races 0.00 0.00 0.00 0.00% 7,060.00 TMBRA Bicycle Race Exp 50.00 50.00 0.00 100.00% 14,000,00 Red Bull Qualifier -Exp 1,148.34 0.00 1,148.34 0.00% 0.00 Pump Track Event 6,100.11 4,000.00 2,100.11 152.50% 4,000.00 Branding Discovery 750.00 750.00 0.00 100.00% 5,000.00 Jettribe Expense 0.00 0.00 0.00 0.00% 10,000.00 Eclipse Expense 2,233.00 0.00 2,233.00 0.00% 0.00 Steak Wars 0.00 0.00 0.00 0.00% 10,000.00 Events Promotion / Funding 10,890.00 11,500.00 (610.00) 94.7,0% 60,000.00 Arts Allocation 0.00 0.00 0.00 0.00% 7,000.00 Rent to COC 3,000.00 mm 0.00 100.00% 12,000.00 Total Operating Expenses 210,637.16 192„335.00 18,302.16 9.52% 886,700.00 Operating Income(Loss) 32,587.72 , 20,414.00 12,173.72 1�59.63 % _(35;700.00) _ NOT -HOT INCOME Trolley / Historical 4,650.00 4,650.00 0.00 100.00% 5,000.00 Tour de Paris Income 0.00 0.00 0.00 0.00% 50,000.00 ASA Indoor Archery Event 0.00 0.00 0.00 0.00% 1,500.00 TMBRA Bicycle Race 730.80 750.00 (19.20) 97.44% 14,000.00 Pump Track Event Income 1,645.00 1,000.00 645.00 164.50% 1,000,00 Prospective Event Income 0.00 0.00 0.00 0.00% 50,000.00 Souvenir Sales 1,607.91 1,700.00 (92.09) 94.58% 4,000.00 Interest Income 330.25 249.00 81.25 132.63% 1,000.00 Total Not -Hot Income 8,963.96 6,349.00 614.96 107.37% 126,500.00 Financial statement preparation service provided by Malnory, McNeal & Company PC, CPAs in accordance with professional standards issued by the AICPA, substantially all disclosures ordinarily included in financial statements prepared in accordance with the modified cash basis of accounting are omitted and no assurance is provided Paris Visitor & Convention Council Budget to Actual, Year to Date Modified Cash Basis For the 3 Months Ended December 31, 2023 NOT -HOT EXPENSES Credit Card Fees 785.81 498.00 287.81 157.79% 2,000.00 Trolley Driver 735.00 700.00 35.00 105.00% 2,500.00 Trolley Expenses 1',400.88 1,455.00 (54.12) 96.28% 5,000.00 Trolley Insurance 564.68 525.00 39.68 107.56% 2,100.00 Souvenir Exp 1,903.68 1,925.00 (21.32) 98.89% 4,000.00 903 Sunset Concert Series Exp 0.00 0.00 0.00 0.00% 25,000.00 Prospective Event Exp 0.00 0.00 0.00 0.00% 50,000.00 Total Not -Hot Expenses 5.390.05 5103.00 _, 287.05 105.63% 90,600.00 Net Income (Loss) $ 36,161 63 $ 23,660.00 $ 12„,501.63 152684% 200.00 Financial statement preparation service provided by Malnory, McNeal & Company PC, CPAs in accordance with professional standards issued by the AICPA, substantially all disclosures ordinarily included in financial statements prepared in accordance with the modified cash basis of accounting are omitted and no assurance is provided Paris Visitor & Convention Council Budget to Actual, Current Month and Prior Year Period Modified Cash Basis For 1 Month Ended December 31, 2023 and 2022 and 3 Months Ended December 31, 2022 REVENUE Hotel / Motel Occupancy Tax Hot Money Interest Total Revenue OPERATING EXPENSES Postage Misc Expenses Worker's Comp Staff Ins./Retirement Meetings 8 Hosting Chamber Management Out of Town Travel Intown Auto/Exp Allowance Membership Dues/3ub. Bookkeeping Payroll Expenses Payroll Tax Expense Office Expense Communications Bank Service Charge Motel Tax Transferred to LCC Marketing /Advertising Chaparral Square Dancers Tour de Paris Exp TMBRA Bicycle Race Exp Eclipse Expense Events Promotion / Funding Arts Allocation Rent to COC Total Operating Expenses Operating Income (Loss) NOT -HOT INCOME Trolley / Historical TMBRA Bicycle Race Souvenir Sales Interest Income . Total Other Income NOT -HOT EXPENSES Credit Card Fees Trolley Driver Trolley Expenses Trolley Insurance Souvenir Exp Total Not -Hot Expenses Net Income (Loss) 1 Month Ended 1 Month Ended 1 Month Ended 3 Months Ended Dec 31, 2023 Dec 31, 2023 Dec 31, 2022 Dec 31, 2022 Actual Budget Actual Actual $ 241,868.82 $ 212,500.00 30247p.._. 83.00 242,171.29 212`x583.00 42.19 40.00 0.00 0.00. 89.74 0.00 483.69 766.00 9.95 0.00 0.00 0:00 1,115.18 1,000.00 200.00 250.00 0.00 0.00 556.50 .583.00 8,179.26 7,333.00 620.55 577.00 55.25 50.00 203.31 334.00 37.46 42.00 120, 934.41 106, 250.00 5,237.30 5,300.00 0.00 0.00 500.00 500.00 50.00 50.00 (176.00) 0.00 0.00 0.00 0.00 0.00 1,000.00 1,000.00 139,138:80 124, 075.00 103,032.49 88,608.00 3,600.00 3,600.00 730.80 750.00 239.10 250.00 108.33 83.00 4,678.23 4,683:00 $ 0.00 $ 239,253.89 11.72 _ 55.03- 11.72 239 308.92 31.35 47.15 54.99 72.60 546.22 599.85 553.29 1,675.65 0.00 26.47 0.00 .. • 12,500.00 1,203.50 1,203.50 200.00600.00 • 250.00. 1,075.00 628.00 1,775.00 8,648.77 22,505.77 656.47 1,706.19 269.57 692.95 271.02 575.19 11.19 ,29.84 0.00 119,826.95 1,969.00 6,369.00 0.00 (172.50) 0.00 175.00 4,500.00 4,500.00 0.00 0.00 4,241.86 14,073.51 0.00 7,000.00 1,000.00 3,000.00 24,746.23 199,657.22 (24,M35l ____3g 651.70 4,950.00 6,950.00 0.00 0.00 249.80 1,603.64 135.66 370.62 5,335.46 8,924.26 40.99 166.00 248.35 753.39 577.50 550.00 1,251.00 1,582.00 79.28 80.00 410.70 623.70 190.38 175.00 190.65 576.15 1,478.68 1,500.00 132.00 625.60 2,366.83 2,471.00 2,232.70 4J60-64 $ 105,343.89 1____90 720.00 $ (21,630.76) $ 44«415.12 Financial statement preparation service provided by Malnory, McNeal & Company PC, CPAs in accordance with professional standards issued by the AICPA, substantially all disclosures ordinarily included in financial statements prepared in accordance with the modified cash basis of accounting are omitted and no assurance is provided Love Civic Center Statement of Assets, Liabilities and Net Assets Modified Cash Basis November 30, 2023 ASSETS Love Civic Center $ 188,195.39 Reserved for Construction 136,825.71 Deposit on Signage 61,025.00 Red River Credit CD 332 102,824.08 Liberty CD 59873 33,536.99 Liberty CD 6238 50,000.00 Farmer's CD 0144 50,207.66 FF Money Market 37109 98,637.77 FBT CD 6704863141 183.13 Total Current Assets 862 435.73 Due From VCC 2 763.86 Total Other Assets _____21.763.86 Total Assets $ 865,199.69 LIABILITIES AND NET ASSETS Current Liabilities Due to COC $ 25,769.31 Payroll Liabilities 1.497.89 Total Current Liabilities 27,267.20 NET ASSETS Retained Earnings' 963,969.08 Net Income (Loss)___016,026-_69) � Total Net Assets 837,932.39„ Total Liabilities and Net Assets $ 865199.59 Financial statement preparation service provided by Malnory, McNeal & Company PC, CPAs in accordance with professional standards issued by the AICPA, substantially all disclosures ordinarily included in financial statements prepared in accordance with the modified cash basis of accounting are omitted and no assurance is provided Love Civic Center Budget to Actual, Year -to -Date Modified Cash Basis For the 2 Months Ended November 30, 2023 Financial statement preparation service provided by Malnory, McNeal & Company PC, CPAs in accordance with professional standards issued by the AICPA, substantially all disclosures ordinarily included in financial statements prepared in accordance with the modified cash basis of accounting are omitted and no assurance is provided 2 Months Ended 2 Months Ended Nov 30, 2023 Nov 30, 2023 Variance % of Budget Annual Budget Actual Budget REVENUE Motel Tax $ 0.00 $ 0.00 $ 0.00 0.00% $ 425,000.00 R.V. Hook Up 1,350.63 1,300.00 50.53 103.89% 7,000.00 Misc Income 0.00 0.00 0.00 0.00% 850.00 Rent 10,518.76 10,500.00 18.76 100.18% 95,000.00 Refunded Deposits (3,600.00) (3,800.00) 0.00 100.00% (14,000.00) Tower Lighting _ 0.00 0.00 0.00 0.00% 400.00 Total Revenue 269.39 8,200.00 69,39, 100.85% 514,250.00 Gross Profit 826939 8,200.00 69.39 100.85% 514250.00 OPERATING EXPENSES Branding/'Marketing Exp 750.00 750.00 0.00 100.00% 5,000.00 Bank Service Charge 120.28 84.00 36.28 143.19% 500.00 Communications 388.47 1,000.00 (611.53) 38.86% 6,000.00 Office Expense 324.49 834.00 (509.51) 38.91 % 5,000.00 Payroll Expenses 17,969.32 21,538.00 (3,568.68) 83.43% 129,220.00 PayrollTaX'Expense 1,370.24 1,702.50 (332.26) 80.48% 10,215.00 Marketing / Advertising 247.50 250.00 (2.50) 99.00% 10,000.00 Audit 0.00 0.00 0.00 0.00% 4,000.00 Bookkeeping 1,051.34 1,168.00 (116.66) 90.01 °% 7,000.00 Electricity 5,327.39 5,600.00 (272.61) 95.13% 40,000.00 Water 3,556.18 1,332.00 2,224.18 266.98% 8,000.00 Gas 423.02 425.00 (1.98) 99.53% 6,000.00 Trash Disposal 783.94 834.00 (50.06) 94.00% 5,000.00 lntown Auto Exp Allowanoe 500.00 500.00 0.00 100.00% 3,000.00 Out of Town Travel 0.00 0.00 0.00 0.00% 1,500.00 9b3 Concert Series 0.00 0.00 0.00 0.00% 25,000.00 Chamber Management 25,000.00 25,000.00 0.00 100.00% 25,000.00 Eiffel Tower Lighting/Maint 0.00 0.00 0.00 0.00% 1,000.00 Building Maint./Spas/Equip 47,050.41 46,300.00 750.41 101.62'% 100,000.00 Security 117.90 120.00 (2.10) 98.25% 6,500.00 Staff Ins./Retirement 1,245.38 1,521.50 (276.12) 81.85% 9,129.00 Building Insurance 0.00 0.00 0.00 0100% 6,000.00 General'Liability 0.00 0.00 0.00 0.00% 5,000.00 Workers Comp. Insurance 581.26 1,400.00 (818.74) 41.52% 1,400.00 Directors & Officers 0.00 0.00 0.00 0.00% 2,000.00 Misc Expenses 232.48 250.00 (17.52) 92.99% 1,500.00 Ground Maintenance 2,640.00 1,416.00 1,224.00 186.44% 8,500.00 Capital Improvements 25,448.96 25,000.00 448.96 101.80 % _ 82,436.00 Total Operating Expenses 135 128.56 137,025.00 1,896.44 .62% 513,900,00 O Aerating Income (Loss) i 126,859.17) 128 825.00 _ ( s 965.83 1,__ 98.47% 350.00 OTHER INCOME Interest Income 48 .3 416.00 416.48 200.12% 2 500:00 Total Other Income 832.48 416.00 416.48 200.12% 2 600.00 Other Expenses Total Other Expenses 0.00 0.00 0.00 0.00% 0.00 Net Income (Loss) S „ 126W02„6.69 y � 1221B 409.00 5 2 382.31 98.14% $ 285000 Financial statement preparation service provided by Malnory, McNeal & Company PC, CPAs in accordance with professional standards issued by the AICPA, substantially all disclosures ordinarily included in financial statements prepared in accordance with the modified cash basis of accounting are omitted and no assurance is provided Love Civic Center Budget to Actual, Current Month and Prior Year Period Modified Cash Basis For the 7 Month Ended November 30, 2023 and 2022 and 2 Months Ended November 30, 2022 Financial statement preparation service provided by Malnory, McNeal & Company PC, CPAs in accordance with professional standards issued by the AICPA, substantially all disclosures ordinarily included in financial statements prepared in accordance with the modified cash basis of accounting are omitted and no assurance is provided 1 Month Ended 1 Month Ended 1 Month Ended 2 Months Ended Nov 30, 2023 Nov 30, 2023 Nov 30, 2022 Nov 30, 2022 Actual Budget Actual Acutal Revenue Motel Tax $ 0.00 $ 0.00 $ 119,626.95 $ 119,626.95 R.V. Hook Up 0.00 0.00 100.00 1,352.34 Mlsc Income 0.00 0.00 0.00 100.00 Rent 5,999.96 6,000.00 14,275.11 36,171.41 Refunded Deposits --6�OO.UO)600.00 ww µ°w_ (400.001 �mm400.00 Total Revenue 5 399.96 5 400.00, w 133 602.06 156 850.70 Operating Expenses Bank Service Charge 27.19 42.00 9.33 24.26 Communications 227.45 500.00 465.17 626.19 Office Expense 324.49 417.00 395.00 395.00 Payroll Expenses 9,022.74 10,769.00 8,451.86 21;942.38 Payroll Tax Expense 685.92 851.25 644.40 1,676.99 Marketing / Advertising 0.00 0.00 0.00 1,000.00 Bookkeeping 600.59 584.00 497.50 1,147.00 Electricity 4,719.87 5,000.00 3,191.29 6,995.84 Water 1,736.33 666.00 1,082.94 2,331.32 Gas 298.47 300.00 199.96 199.96 Trash Disposal 391.97 417.00 340.86 340.86 Intowii_ Auto Exp Allowance 250.00 250.00 250.00 500.00 Chamber Management 25,000.00 25,000.00 25,000.00 25,000.00 Building Maint./Spis/Equip 8,292.97 8,300.00 4,363.88 11,010.98 Security 58.95 60.00 246.95 346.90 Staff InsdRetirement 525.58 760.75 627.98 1,248.51 General Liability 0.00 0.00 3,699.65 3,699.65 Workers Comp. Insurance 581.26 1,400.00 53.64 53.64 Ground Maintenance 1,145.00 708.00 1,367.00 1,987.00 Bicycles & Related Expenses _°_ 0.00 0.00 0.00 787.07 Total Operating Expenses 53,888.78 56,025.00 50 887.41 81.„313.55 Operating Income (Loss) (48,488.82) _@0 625.00) 82,714.65 75,537.15 Other Income Interest Income 588.91 208.00 303.56 493.78 Total Other Income 588.91 20$.00 303.56 493.78 Other Expenses Total Other Expenses 0.00 0.00 0.00 0.00 Net Income (Loss) $ 47 899-91 $ (50,417.00') $ 83 018.21 = °_ , $ 76,030.93 Financial statement preparation service provided by Malnory, McNeal & Company PC, CPAs in accordance with professional standards issued by the AICPA, substantially all disclosures ordinarily included in financial statements prepared in accordance with the modified cash basis of accounting are omitted and no assurance is provided Love Civic Center Quarterly Report -Oct/Nov/Dec Date # of Attendees Event 10/6/7 and 8, 23 1,000 Gun & Knife show 10/9/2023 250 Dusty Circus 10/1223 450 Paris Pregnancy banquet 10/14/2023 250 Breakfast Optimist banquet 10/18/2023 500 RPM job fair 10/19 thru 21/23 300 TexPacc Convention 10/24/2023 400 Chamber Banquet 10/26/2023 350 Farm Bureua banquet 11/3 & 4,23 95 PJC alumni banquet 11/5/2023 100 Circus on ICE 11/11/2023 200 Veterans event 11/11/2023 500 Preston Event 11/16/2023 150 Women's Event 11/18/2023 1500 CIP 11/30/2023 450 Neal McCoy concert 12/1/2023 250 BBQ dinner 12/2/2023 400 BBQ competition 12/2/2023 800 Load Trail party 12/4/2023 400 Pesticide Clinic 12/5/2023 150 PJC Anglin reception 12/8/2023 350 BC/GC Auction 12/13/2023 500 Delco Party 12/15-17/23 1,000 Gun & Knife show 12/20/2023 250 Paris Chevrolet Love Civic Center Statement of Assets, Liabilities and Net Assets Modified Cash Basis October 31, 2023 ASSETS Love Civic Center $ 210,884.42 Reserved for Construction 136,825.71 Deposit on Signage 61,025.00 Red River Credit CD 332 102,824.08 Liberty CD 59873 33,144.70 Liberty CD 6238 50,000.00 Farmer's CD 0144 50,207.56 FF Money Market 37109 98,637.77 FBT CD 6704853 141.183.13 Total Current Assets 884.732.47 Due From VCC m2,877.36 Total Other Assets 2,877.36 Total Assets $ 887,609.83 LIAHILITIES AND NET ASSETS Current Llabil [ties Due to COC $ 150.84 Due to VCC. 252.00 Payroll Liabilities 1,374.69 Total Current Liabilities 1,777.53 NET ASSETS Retained Earnings 963,959.08 Net Income (Loss)8 1 26 78 Total Net Assets 885832.30 Total Liabilities and Net Assets $ 887,609.83 Financial statement preparation service provided by Malnory, McNeal & Company PC, CPAs in accordance with professional standards issued by the AICPA, substantially all disclosures ordinarily included in fmancial statements prepared in accordance with the modified cash basis of accounting are omitted and no assurance is provided Love Civic Center Budget to Actual, Year -to -Date Modified Cash Basis For the 1 Month Ended October 31, 2023 Financial statement preparation service provided by Malnory, McNeal & Company PC, CPAs in accordance with professional standards issued by the AICPA, substantially all disclosures ordinarily included in financial statements prepared in accordance with the modified cash basis of accounting are omitted and no assurance is provided 1 Month Ended 1 Month Ended Oct 31, 2023 Oct 31, 2023 Variance % of Budget Annual Budget Actual. Budget REVENUE Motel Tax $ 0.00 $ 0.00 $ 0.00 0.00% $ 425,000.00 R.V. Hook Up 1,350.63 1,300.00 50.63 103.89% 7,000.00 Misc Income 0.00 0.00 0.00 0.00% 850.00 Rent 4,518.80 4,500.00 18.80 100.42% 95,000.00 Refunded Deposits (3,000.00) (3,000.00) 0.00 100.00% (14,000.00) Tower Lighting 0.00 0.00 0.00 0.00% 400.00 Total Revenue 2,869.43 _____2 800.0069.43 102.48% 514,250.00 Gross Profit 2,869.43 2,800.00 69.43 102.48% 614260.00 OPERATING EXPENSES Branding/Marketing Exp 750.00 750.00 0.00 100-00% 5,000.00 Bank Service Charge 93.09 42.00 51.09 221.64 % 500.00 Communications 161.02 500.00 (338.98) 32.20% 6,000.00 Office Expense 0.00 417.00 (417.00) 0.00% 5,000.00 Payroll Expenses 8,946.58 10,769.00 (1,822.42) 83-08% 129,220.00 Payroll Tax Expense 684.32 851.25 (166.93) 80.39% 10,215.00 Marketing / Advertising 247.50 250.00 (2.50) 99.00%. 10,000.00 Audit 0,00 0.00 0.00 0.00% 4,000.00 Bookkeeping 450.75 584.00 (133.25) 77.18% 7,000.00 Electricity 607.52 600.00 7.52 101.25% 40,000.00 Water 1,819.85 666.00 1,153.85 273.25% 8,000.00 Gas 124.55 125.00 (0.45) 99.64 °% 6,000.00 Trash Disposal 391.97 417.00 (25.03) 94.00% 5,000.00 Intown Auto Exp Allowance 250.00 250.00 0.00 10.0.00% 3,000.00 Out of Town Travel 0.00 0.00 0.00 0.00% 1,500.00 903 Concert Series 0.00 0.00 0.00 0.00.% 25,000.00 Chamber Management 0.00 0.00 0.00 0.00% 25,000.00 Eiffel Tower Lighting/Maint 0.00 0.00 0.00 0,00% 1,000.00 Building Maint./5pis/Equip 38,757.44 38,000.00 757.44 101.99% 100,000.00 Security 58.95 60.00 (1.05) 98.25% 6,500.00 Staff Ins./Retirement 719.80 760.75 (40.95) 94.62% 9,129:00 . Building Insurance 0.00 0.00 0.00 0.00% 6,Ob0.00 General Liability 0.00 0.00 0.00 0.00% 5,000.00 Workers Comp. Insurance 0.00 0.00 0.00 0.00% 1,400.00 Directors &'Officers 0.00 0.00 0.00 0.00% 2,000.00 Misc Expenses 232.46 250.00 (17.52) 92.99% 1,500.00 Ground Maintenance 1,495.00 1,500.00 (5.00) 99.61% 8;500.00 Capital Improvements p p 25,446.96 25,000.00 448.96 101.80% 82,436 .00 Total Operating Expenses 81,239.78 __8,1792.00 552.22 99.32% 513900 '00 Operating Income Loss P 9 (Loss) � 78,370.35 �8 992.00 _ 7' , 621.65 99.91% 350.00 OTHER INCOME Interest Income 243.57 208.00 _www_ 35.57 � 117.10% 2,500.00, Total Other Income 243.57 208.00 _ 35.57 117.10% 2500.00 Other Expenses Total Other Expenses X0.00 0.00 0.00 0.00% 0.00 Net Income (Loss) $ (78,126.78) $�78 784.00) $ 657.22 99.17 °% $ 2,850.00 Financial statement preparation service provided by Malnory, McNeal & Company PC, CPAs in accordance with professional standards issued by the AICPA, substantially all disclosures ordinarily included in financial statements prepared in accordance with the modified cash basis of accounting are omitted and no assurance is provided Love Civic Center Budget to Actual, Current Month and Prior Year Period Modified Cash Basis For the 1 Month Ended October 31, 2023 and 2022 and 1 Month Ended October 31, 2022 Net Income (Loss) $ (78,126.78) $76,78400 $ 18 987.28 $Ba987 26 Financial statement preparation service provided by Malnory, McNeal & Company PC, CPAs in accordance with professional standards issued by the AICPA, substantially all disclosures ordinarily included in financial statements prepared in accordance with the modified cash basis of accounting are omitted and no assurance is provided 1 Month Ended 1 Month Ended 1 Month Ended 1 Month Ended Oct 31, 2023 Oct 31, 2023 Oct 31, 2022 Oct 31, 2022 Actual Budget Actual Acute[ Revenue R.V. Hook Up $ 1,350.63 $ 1,300.00 $ 1,252.34 $ 1,252.34 Mist: Income 0.00 0.00 100.00 100.00 Rent 4,518.80 4,500.00 21,896.30 21,896.30 Refunded Deposits ____ 3,000.00) _ 3,000.E 0.00 0.00 Total Revenue 2,869.43 2,800.00 23,„248.6423,248.84 Operating Expenses Branding/Marketing Exp 750.00 750.00 0.00 0.00 Bank Service Charge 93.09 42.00 14.93 14.93 Communications 161.02 500.00 161.02 161.02 Office Expense 0.00 417.00 0.00 0.00 Payroll Expenses 8,946.58 10,769.00 13,490.52 13,490.52 Payroll Tax Expense 684.32 851.25 1,032.59 1,032.59 Marketing/Advertising 247.50 250.00 1,000.00 1,000.00 Bookkeeping 450.75 584.00 649.50 649.50 Electricity 607.52 600.00 3,804.55 3,804.55 Water 1,819.85 666.00 1,248.38 1,248.38 Gas 124.55 125.00 0.00 0.00 Trash Disposal 391.97 417.00 0.00 0.00 lntown Auto Exp Allowance 250.00 250.00 250.00 250.00 Building Maint./Spls/Equip 38,757.44 38,000.00 6,647.10 6,647.10 Security 58.95 60.00 99.95 99.95 Staff Ins./Retirement 719.80 760.75 620.53 620.53 Misc Expenses 232.48 250.00 0.00 0.00 Ground Maintenance 1,495.00 1,500.00 620.00 620.00 Bicycles & Related Expenses 0.00 0.00 787.07 787.07 Capital Improvements 25,448.96 ----9.5--000-0q 0.00 0.00 Total Operating Expenses 81,239.78 81,792.OD 30,426.14 30,426.14 Operating Income (Loss) _ (78,370.35 178,992.D0 7177.50 � 177.5 Other Income Interest Income 243.57 208.00 190.22 190.22 Total Other Income 243.57 206.00 190.22 190.22 Other Expenses Total Other Expenses 0.00 ----- 0.00 __.. 0.00 0.00 Net Income (Loss) $ (78,126.78) $76,78400 $ 18 987.28 $Ba987 26 Financial statement preparation service provided by Malnory, McNeal & Company PC, CPAs in accordance with professional standards issued by the AICPA, substantially all disclosures ordinarily included in financial statements prepared in accordance with the modified cash basis of accounting are omitted and no assurance is provided Love Civic Center Statement of Assets, Liabilities and Net Assets Modified Cash Basis December 31, 2023 ASSETS 126„845.10 Love Civic Center $ 167,777.37 Reserved for Construction 136,825.71 Deposit on Signage 61,025:00 Red Rimer Credit CD 332 102,824.08 Liberty CD 5987$ 33,536.99 Liberty CD 6238 50,000.00 Farmer's CD 0144 50,207.66 FF Money Market 37109 98,637.77 FBT CD 6704863 141.183.13 Total Current Assets 842,017.71 Due From VCC 126„845.10 Total Other Assets 126,845.10 Total Assets $ 968,862.81 LIABILITIES AND NET ASSETS Current Liabilities Credit Card Payable $ 1,446,98 Due to COC 25,149.65 Payroll Liabilities 2,003.43 Total Current Liabilities 281600.06 NET ASSETS Retained Earnings 963,959.08 Net Income (Loss) (23,696.33 Total Net Assets 940,262.75 Total Liabilities and Net Assets $ 968,862.81 Financial statement preparation service provided by Malnory, McNeal & Company PC, CPAs in accordance with professional standards issued by the AICPA, substantially all disclosures ordinarily included in financial statements prepared in accordance with the modified cash basis of accounting are omitted and no assurance is provided Love Civic Center Budget to Actual, Year -to -Date Modified Cash Basis For the 3 Months Ended December 31, 2023 Financial statement preparation service provided by Malnory, McNeal & Company PC, CPAs in accordance with professional standards issued by the AICPA, substantially all disclosures ordinarily included in financial statements prepared in accordance with the modified cash basis of accounting are omitted and no assurance is provided 3 Months Ended 3 Months Ended Dec 31, 2023 Dec 31, 2023 Variance % of Budget Annual Budget Actual Budget REVENUE Motel Tax $ 120,934.41 $ 106,250.00 $ 14,684.41 113.82% $ 425,000.00 R.V. Hook Up 2,607.59 2,600.00 7.59 100.29% 7,000.00 Misc Income 0.00 0.00 0.00 0.00% 850.00 Rent 21,643.76 21,500.00 143.76 100.67% 95,000.00 Refunded Deposits (3,800.00) (3,800.00) 0.00 100.00% (14,000.00) Tower Lighting 0,00 _ 0.00 0.00 0.00% 460.00 Total Revenue 141,385.76 126 550.00 14835.76 11112 % 514 250.00 Gross Profit 141 385.76 126,550.00 14 35.76, 111.72% 514260.00 OPERATING EXPENSES Branding/Marketing Exp 750,00 750.00 0.00 100.00% 5,000.00 Bank Service Charge 149.33 126.00 23.33 118.52% 500.00 Communications 615.78 1,500.00 (884.22) 41.05% 6,000.00 Office Expense 324,49 1,251.00 (926.51) 25.94% 5,000.00 Payroll Expenses 29,658.41 32,307.00 (2,646.59) 91.80% 129,220.00 Payroll Tax Expense 2,260.85 2,553.75 (292.90) 88.53% 10,215.00 Marketing / Advertising 346.50 350.00 (3.50) 99.00 % 10,000.00 Audit 0.00 0.00 0.00 0.00% 4,000.00 Bookkeeping 1,607.84 1,752.00 (144.16) 91.77% 7,000.00 Electricity 8,872.64 9,100.00 (227.36) 97.50% 40,000.00 Water 4,314.55 1,998.00 2,316.55 215.94% 8,000.00 Gas 1,224.69 1,225.00 (0.31) 99.97% 6,000.00 Trash Disposal 1,175.91 1,251.00 (75.09) 94.00% 5,000.00 Intown Auto Exp Allowance 750.00 750.00 0.00 100.00% 3,000.00 Out of Town Travel 0.00 0.00 0.00 0.00% 1,500.00 903 Concert Series 0.00 0.00 0.00 0.00% 25,000.00 Chamber Management 25,000.00 25,000.00 0.00 100.00% 25,000.00 Eiffel Tower Lighting/Maint 0.00 0.00 0.00 0.00% 1,000.00 Building Maint./Spls/Equip 53,348.34 52,600.00 748.34 101.42% 100,000.00 Security 176.85 180.00 (3.15) 98.25% 6,500.00 Staff Ins./Retirement 1,884.80 2,282.25 (397.45) 82.59% 9,129.00 Building Insurance 0.00 0.00 0.00 0.00% 6,000.00 General Liability 4,080.53 5,000.00 (919.47) 81.61 % 5,600.00 Workers Comp. Insurance 581.26 1,400.00 (818.74) 41.52% 1,400.00 Directors & Officers 0.00 0.00 0.00 0.00% 2,000.00 Misc Expenses 272.38 290.00 (17,62) 93.92% 1,500.00 Ground Maintenance 3.260.00 2,124.00 1,136.00 153.48% 8,500.00 Capital Improvements 25 448.96 25 000.00 448.96 101.80% 82 436.00 Total Operating Expenses __ 166E104.11 168,790.00 2 6,) 98.41% 513,900.00 Operating Income (Loss) 24,718.35 J42,240.00 17,521.65 5852 % 350.00 OTHER INCOME Interest Income 1,022.02 624.00 398.02 163.79% mmm 2500.00 Total Other Income 1,022.02 624.00 398.02 163.79% 2500.00 Other Expenses Total Other Expenses 0.00 0.00 0.00 0.00% 0.00 Net Income (Loss) $(..23 69, 6.33) $ t41 6760 17,919 67„5694 % $ 2 850.00 Financial statement preparation service provided by Malnory, McNeal & Company PC, CPAs in accordance with professional standards issued by the AICPA, substantially all disclosures ordinarily included in financial statements prepared in accordance with the modified cash basis of accounting are omitted and no assurance is provided Love Civic Center Budget to Actual, Current Month and Prior Year Period Modified Cash Basis For the 1 Month Ended December 31, 2023 and 2022 and 3 Months Ended December. 31, 2022 Financial statement preparation service provided by Malnory, McNeal & Company PC, CPAs in accordance with professional standards issued by the AICPA, substantially all disclosures ordinarily included in financial statements prepared in accordance with the modified cash basis of accounting are omitted and no assurance is provided 1 Month Ended 1 Month Ended 1 Month Ended 3 Months Ended Dec 31, 2023 Dec 31, 2023 Dec 31, 2022 Dec 31, 2022 Actual Budget Actual Acutal Revenue Motel Tax $ 120,934.41 $ 106,250.00 $ ' 0.00 $ 119,626.95 R.V. Hook Up 1,256.96-. 1,300.00 464.35 1,816.69 Misc Income 0.00 0.00 0.00 100.00 Rent 11,125.00 11,000.00 5,520.53 41,691.94 Refunded Deposits -1200.00 -----:t0�0.00O 400.00 800.00 Total Revenue 13 118x350.00 5 584.88 162,435.58 Operating Expenses -Bank Service Charge 29.05 42.00 20.53 44:79 Communications 227:31 500.00 432.02 1,058.21 Office Expense 0.00 417.00 0.00 395.00 Payroll Expenses 11,689.09 .10,769.00 12,806:49 34,748.87 Payroll Tax Expense 890.61 851.25 990.87 2,667.86 Marketing / Advertising 99.00 100:00 49.50 1,049.50 Bookkeeping 556.50 584.00 628.00 1,775.00 Electricity 3,545.25 3,500.00 2,895.47 9,891.31 Water 758.37 666.00 871.41 3,202.73 Gas 801.67 600.00 0.00 199.96 Trash Disposal 391.97 417.00 340.86 691.72 Intown Auto Exp Allowance 250.00 250.00 250.00 750.00 Chamber Management 0.00 0.00 0.00 25,000.00 Building Maint./Spls/Equip 6,297.93 6,300.00 4,901.60 15,912.58 Security 58.95 60.00 58.95 405.85 Staff In9JRetirement 639.42 760.75 628.20 1,876.71 General Liability 4,080.53 5,000.00 0.00 3,699.65 Workers Comp. Insurance 0.00 0.00 775.28 828.92 Misc Expenses 39.90 40.00 64.18 64.18 Ground Maintenance 620.00 .708.00 0.00 1,987.00 Bicycles & Related Expenses 0.00 0.00 m m m 0.00 787.07 Total Operating Expenses ____3(.),t975.55 31,765.00 25,713.36 107,026.91 Operating Income (Loss) 102,140.82 86,585.06 20,128.48 55,408.67 Other Income Interest Income 189.54 208.00 516.97 1,010.75 Total Other Income 189.54 208.00 516.97 1,010.76 Other Expenses City of Paris for Construction 0.00 _ 0.0092608.83 92,608183 Total Other Expenses _ 0.00 0.00 92„608:83 92,608.83 Net Income (Loss) 102 330.36 �,, $ 86,793.00 $ .3 112,2204 $ 38, 189.41 Financial statement preparation service provided by Malnory, McNeal & Company PC, CPAs in accordance with professional standards issued by the AICPA, substantially all disclosures ordinarily included in financial statements prepared in accordance with the modified cash basis of accounting are omitted and no assurance is provided Item No. 7 Ml��71 'Alm TO: Mayor, Mayor Pro -Tem, and City Council Grayson Path, City Manager FROM: Gene Anderson, Finance Director SUBJECT: DECEMBER 2023 FINANCIAL REPORT DATE: January 22, 2024 BACKGROUND: Section 69 (3) of the Paris City Charter requires the Finance Director to submit to the City Council through the City Manager a monthly statement of all receipts and disbursements. The attached report satisfies that requirement. STATUS OF ISSUE: This report updates the City Council on the City's financial activities through the month stated in the subject line. BUDGET: Not affected by this report. RECOMMENDATION: Motion to receive the monthly financial report. City of Paris December 2023 Financial Report Comments Net to Date Comparison of Revenues: 1. The operations and maintenance property tax and related collections reported are 12.60% less than what was reported in 2022. This difference is due to tax bills not going out until November. A constitutional amendment election delayed the mailing of the tax bills. Current tax collections this year are 31.01% of the tax levy vs. 36.10% last year. 2. Sales taxes are up 2.53% from last year ($65,776). 3. Hotel occupancy taxes are up 19.19% compared to last year (43,251). 4. Franchise fees are down 9.86% compared to last year ($96,616). This is due to a significant decrease in the payment from Atmos. 5. Permit fees are up 134.73% from last year ($168,956). This increase is due to new commercial permits. 6. Municipal Court fines and related fees are down 34.75% compared to last year ($21,416). 7. Other revenue includes leases, interest, copy fees, birth & death certificates, library fees, mixed beverage tax, and other minor revenues. This revenue is up 129.06% ($336,606). This is due to higher interest income and miscellaneous revenue. 8. Sanitation fees are down 12.74% when compared to 2022 ($7,436). 9. EMS fees are down 13.06% compared to last year ($111,778). This topic has been discussed with Emergicon and Emergicon admits that there have been processing issues on their end. This has been corrected according to them and our collections should catch up with our billing. 10. Total General Fund revenues are down 0.03% compared to last year. This is due to the late sending of tax bills. The delay in sending was caused by a November election which approved increased property tax exemptions. General Fund revenues equal 28.63% of the budget with the City being 25.00% through the budget year. 11. Total General Fund expenditures are up 4.70% ($305,671) compared to last year. General Fund expenditures to date equal 21.91% of budget with the City being 25.00% through the budget year. 12. Sewer revenue was up 21.14% ($479,394.61). 13. Water revenue was down 3.17% ($74,883). 14. Other revenue sources are down 7.96% ($16,439). This is primarily due to charge offs incurred to date. 15. Total Water & Sewer revenues, ignoring transfers and adjustments, are 8.03% above last year ($388,070) and represents 24.85% of the total budget. 16. Total Water & Sewer expenses are 9.86% above last year ($257,556) at this point and represent 13.66% of the total budget (32.62% adjusted for debt payments.) while the City is 25.00% through the budget year. Departmental Expenditure Summary: At this point the City is three months or 25.00% through the budget year. It is important to remember that expenditures do not occur equally throughout the year. For example, capital expenditures and association memberships are one time expenditures that if made early in the fiscal year can produce a distorted expenditure percentage. Within the General, Water & Sewer, Airport, and Sanitation Funds there was seven departments whose expenditures were over 25.00%. 1. City Attorney -26.04%. The overage amounts to $4,269 and was due to outside attorney fees. 2. Library -34.50%. The overage amounts to $80,112 and was caused by supplies, technical processing, annual insurance payment, travel, credit card fees, and maintenance agreement. 3. General Expenses & IT -27.22%. The overage amounts to $45,475 and was caused by payment to the health district, telephone, and office supplies. 4. Warehouse -25.09%. The overage amounts to $1,121 and was caused by the annual insurance payment and vehicle maintenance. 5. Water Billing -25.21%. The overage amounts to $6,259 and was caused by the purchase of a pickup truck. 6. Waste Water Treatment -25.29%. The overage amounts to $7,440 and was caused by purchase of a large pump. 7. Lift Stations -25.82%. The overage amounts to $12,201 and was caused by the construction of fencing, annual insurance payment, and stability pay. General comments to the City Council: 1. Over 99% of all of the City operational activity takes place in the General Fund, the Water & Sewer Fund, or the Sanitation Fund. The other funds are special purpose funds with limited activity and usually with legal restrictions on what their money can be spent on. For that reason, I normally only comment on the activity of the General Fund, Water & Sewer Fund, and the Sanitation Fund. However, if circumstances merited it, I would make comment on activity in one of the other funds. 2. 1 try to anticipate questions you might have about the report and comment on those points. After you receive your packet and review the monthly report, if you have questions about the report, please let the Manager know (or me if you can't reach the Manager) before the Council meeting if possible in case I have to research the answer to your question. That does not prevent you from asking the question at the meeting if you wish to make a point, but it does help prevent questions coming up that I can't answer on the spot and possibly delaying the Council in making a decision. 3. The activity of the Paris Economic Development Corporation is reflected in the monthly report. This is a result of the City performing the bookkeeping functions for this agency. PEDC has its own managing board. City of Paris Fund Recap, for month ending -December 2023 General Fund: Current Prior Net Sort Sequence Report Group Description Year Year To Date 70 Taxes Collected 2,637,957.67 3,018,394.74 -380,437.07 71 Sales Tax 2,664,224.87 2,598,448.42 65,776.45 72 Hotel/Motel Tax 268,611.40 225,359.63 43,251.77 73 Franchise Fees 883,253.23 979,870.11 -96,616.88 74 Permits 294,354.31 125,397.85 168,956.46 75 Court Fines 40,204.95 61,621.10 -21,416.15 77 Other Revenue 597,418.30 260,811.88 336,606.42 78 Sanitation 50,901.41 58,338.34 -7,436.93 79 Ems Fees 743,730.85 855,509.19 -111,778.34 Total Revenue: $ 8,180,656.99 $ 8,183,751.26 $ (3,094.27) Total Expenditures: $ 6,806,242.23 $ 6,500,571.04 $ 305,671.19 Net To Date: $ 1,374,414.76 $ 1,683,180.22 $ (308,765.46) 500,000.00 1,000,000.00 1,500,000.00 2,000,000.00 2,500,000.00 3,000,000.00 3,500,000.00 1 General Fund Department Current Prior Current Prior Current Year Prior Year Name Month Actual Month Actual Year To Date Year To Date Budget Budget Non Departmental 0.00 0.00 0.00 0.00 0.00 0.00 City Council 14,884.50 13,426.24 44,431.89 52,191.03 190,500.00 138,900.00 City Manager 80,375.25 64,373.08 179,422.19 149,417.26 762,223.00 590,406.00 City Attorney 41,738.41 36,886.73 108,916.57 88,398.99 418,188.00 378,097.00 Municipal Court 28,504.05 25,337.65 62,725.58 54,938.16 273,021.00 248,497.00 City Clerk 23,489.58 16,297.58 54,493.21 35,205.44 219,071.00 205,321.00 Accounting & Auditing 43,161.15 47,086.92 126,454.72 132,898.41 661,212.00 472,119.00 Police 680,672.11 684,601.68 1,669,269.85 1,666,660.90 7,660,330.00 7,247,141.00 Fire 579,640.76 592,720.04 1,343,134.91 1,348,222.37 5,664,697.00 5,352,674.00 Community Developm 120,206.52 125,698.14 338,945.23 297,725.81 1,685,684.00 1,652,228.00 Engineering 27,063.19 46,549.35 61,689.34 87,048.96 418,884.00 299,328.00 Public Works 24,893.67 24,890.84 59,342.69 61,686.63 258,963.00 262,470.00 Parks & Recreation, 111 107,828.59 119,906.00 323,751.65 272,763.19 1,410,031.00 1,424,128.00 Sanitation 0.00 0.00 0.00 0.00 0.00 0.00 Streets & Highways 240,916.70 48,668.80 326,556.55 170,835.00 2,544,784.00 1,700,173.00 Traffic & Public Lightir 39,101.95 26,119.56 109,126.98 109,932.81 515,289.00 484,902.00 Garage 39,862.94 37,560.30 95,537.99 88,826.23 401,450.00 400,001.00 Paris-Lamar Co Health 0.00 0.00 0.00 0.00 0.00 0.00 Emergency Medical Se 525,840.03 490,899.01 1,056,442.73 1,101,762.74 5,016,435.00 4,040,676.00 Cox Field Airport 0.00 0.00 0.00 0.00 0.00 0.00 Paris Band 0.00 0.00 53.40 55.38 23,050.00 23,050.00 Library 121,699.20 97,578.80 290,861.88 196,078.11 842,999.00 767,205.00 General Expenses 313,375.47 118,789.78 555,659.87 585,923.62 2,040,739.00 1,861,234.00 Debt Service -50.00 0.00 -575.00 0.00 0.00 0.00 Contingency 0.00 0.00 0.00 0.00 50,000.00 50,000.00 General Fund $3,053,204.07 $2,617,390.50 $6,806,242.23 $6,500,571.04 $31,057,550.00 $27,598,550.00 Water Sewer Fund: Revenue Group Water Sewer Other Total Revenue: Total Expenditures: Net To Date: Current Prior Net Year Year To Date 2,280,330.74 2,355,214.67 -74,883.93 2,746,188.55 2,266,793.94 479,394.61 190,037.89 206,477.68 -16,439.79 5,216,557.18 4,828,486.29 $ 388,070.89 $ 2,867,609.32 $ 2,610,053.2i---"$—,25-7,55-6.0-5 $ 2,348,947.86 $ 2,218,433.02 $ 130,514.84 100.00 1,000,000.00 1,500,000.00 2,000,000.00 2,500,000.00 3,000,000.00 s Prior Year e Current Year 30 Water & Sewer Fund rtment Current Year Prior Year Current Year Prior Year Current Year Prior Year ime Month Month To Date To Date Budget Budget 13,193.15 11,934.06 32,028.70 29,343.62 111,947.00 111,610.00 and Collecting 237,027.15 228,439.93 733,394.89 674,948.59 2,714,989.00 2,604,974.00 ction 290,745.38 317,288.80 776,707.29 787,968.49 2,905,507.00 2,706,209.00 iution 141,528.28 140,605.77 386,541.18 359,826.27 1,590,774.00 1,598,282.00 enante 87,547.64 75,690.70 178,571.15 171,416.50 792,709.00 744,288.00 Treatment 253,540.77 223,921.06 637,080.22 505,924.77 2,204,138.00 2,298,503.00 31,545.56 30,350.24 123,285.89 80,625.03 319,491.00 333,585.00 ;ewer Fund $1,055,127.93 $1,028,230.56 $2,867,609.32 $2,610,053.27 $10,639,555.00 $10,397,451.00 2 Economic Development Fu Current Year Prior Year Net To Date Revenue $ 892,418.04 — $ 575,113.88 $ 317,304.16 Expenditure $ 718,429.09 $ 878,606.97 $ (160,177.88) Net To Date: $$ 173,988.95 $ (303,493.09) $ 477,482.04 11 Capital Projects Fund Current Year Prior Year Net To Date Revenue $ 9,175.01 $ 2,707.23 $ 6,467.78 Expenditure $ 33,883.90 $5,868_.19 _.w._ $ 28,015.71 nWWWWWWWWWWWWWW(21,547.93) Net To Date: $ (24,708.89) $ (3,160.96) $WWW 12 WW&SS Rev Bond 2000 Cc Current Year Prior Year Net To Date Revenue $ 11,386.80 $ 1,119.91 $ 10,266.89 Expenditure $ 10,457.58 ......... ......... $ 3,394.78 ......... ........— $ 7,062.80 ............. Net To Date: $ 929.22 $ (2,274 87) $ 3,204.09 13 Equipment Replacement R Current Year Prior Year Prior Year Revenue Net To Date Revenue $ 1,930.05 $ 8,898.84 $ (6,968.79) Expenditure $ $ $..:::::..::.::-, $ Net To Date: $ 1,930.05 $ 8,898 84 $ (6,968.79) er 14 CO 2010 Construction Funs Current Year Prior Year Net To Date Revenue $- Expenditure.._5 ..................................._....� $.���... ...�_..�,,mm ;;; $��� .; �� �;......��� Net To Date: $ - $ - $ - 16 TWDB Loan Fund Current Year Prior Year Net To Date Revenue $ 654.56 $ 500.14 $ 154.42 Expenditure- •:::.:::::::::.- .......154.42....: NetTo Date:.. 654.56._.W 500.14 $..:::::..::.::-, 17 Library Construction Fund Current Year Prior Year Net To Date Revenue $ 505.47 $ 255.64 $ 249.83 WWW Expenditure $ (764.00)WWWW$WWWmITmWuuW1,768.98ITm $m.. (2,532.98) Net To Date: $ 11269.47 $ (1,513.34) #.._ 2,782.8( 18 W&S Series '97 Const Func Current Year Prior Year Net To Date Revenue $ 290.28 $ 1 $ Expenditure $ - ....... $ - ......................... ..._............._._ __....... $ Net To Date: $ 290.28 $ 138.90 ............ $ 151.38 19 Water Revenue Const Funs Current Year Current Year Prior Year Net To Date Revenue $ 469.67 $ 356.29 $ 113.38 Expenditure $ - m469.67 $ (1,350.00) nnnn $ 1,350.00 Net To Date: $m W$µITmmm (141.60).....#...:_ 1,706.29^^ $ (1,236.62) 20 Special Revenue Fund Current Year Prior Year Net To Date Revenue $ (141.60) .�_...........__........_..�_........_ $ (216.11) $ 74.51 �_ .__.. _... . Expenditure ...s._�,,,,� �.�� - NetToDate: $______...._ (141.60).....#...:_ (216.11) .; 74.51 21 Child Safety Fund Current Year Prior Year Net To Date Revenue $ 28.72 $ 13.04 $ 15.68 Expenditure ....._... _.._....:::::: w ::.... ...... ........................... Net To Date: $ -._.-.......------ 28.72 $13.04 $ 15.68 22 Health Department Fund Current Year Prior Year Net To Date Revenue $ 1,306.33 $ 2,024.93 $ (718.60) Expenditure Net To Date: $ 1,306.33 $ 2,024.93 $ (718.60) 23 PEG Channel Fund Current Year Prior Year Net To Date Revenue $ . 10,454.02 $ 12,939.71 $ (2,485.69) �. Expenditure $ - $ - $ Net To Date: $ 10,454.02 $ 12,939.71 $ (2,485.69) 24 Lake Crook Restoration Fui Current Year Prior Year Prior Year Revenue Net To Date Revenue $ 67.08 $ 57.21 $ 9.87 Expenditure...$.....���...�.��� ........................___......_$..............�........ $ 40.42 �..____$....................�................._.......� Net To Date: $ 67.08 $ 57.21 $ 9.87 25 Grant Fund Current Year Prior Year Net To Date Revenue $ 241,272.22 $ 742,607.39 $ (501,335.17) Expenditure $ 162,191.44 $ 238,371.66 $ .......w . (76,180.22) Net To Date: $ 79,080.78 $ 504,235 73 $ (425,154.95) 26 Criminal Justice Div Grant Current Year Prior Year Net To Date Revenue $ 26.02 $ 40.42 $ (14.40) Expenditure .$ - $ - ..... ......... $$. ........ ................................................ Net To Date: $ 26.02 $ 40.42 $ (14.40) 27 Water Contract Fund Current Year Prior Year Net To Date Revenue $ 12,454.19 $ 8,882.42 $ 3,571.77 Net To Date: 48,882.42 $ 12,454.19 $ $ 3,571.77 er 30 Community Dvl Block Gran Current Year Prior Year Net To Date Revenue $ 665.02 $ 3,310.79 $ (2,645.77) Expenditure $ - $ - $ - Net To Date: _.#...._....w.._-_............66.02... . _. 3,314.19.w.._# ..........._._....(2 eas.n�: 31 Home Buyers Asst 2009 Current Year Prior Year Net To Date Revenue $ (9,080.09) $ (14,906.66) $ 5,826.57 Expenditure $ - $ - $ Net To Date: $ (9,080.09) $ (14,906.66) $ 5,826.57mm fiber 32 Owner Occ Rehab #10010 Current Year Prior Year Net To Date Revenue $ 4,127.61 $ 2,056.78 $ 2,070.83 Expenditure $ _-_ $ - $ - Net To Date:� 4,127.61 $ 2,056.78 $ 2,070.83 fiber 33 Municipal Court Tech Fee Current Year Prior Year Net To Date Revenue $ 916.17 $ 1,821.63 $ (905.46) Expenditure $ 1,930.86 $ 10,205.82 $ (8,274.96) Net To Date: $ (1,014.69) 8,384.19) ( mm µ $ 7,369.50 fiber 34 Municipal Court Security R Current Year Prior Year Net To Date Revenue $ 2,087.06 $ 2,863.58 $ (776.52) Expenditure $ mmmmmITmi,667.22 $ 1,949.35 $ (282.13) Net To Date: $ 419.84 # _....914.23_ _. ___........_ 494.39) fiber 35 Municipal Court Child Safe Current Year Prior Year Net To Date Revenue $ 38.85 $ 1.58 $ 37.27 Expenditure 386.00 mm $ITITITIT- Net To Date: $ 38.85 $ 1.58$IT_.. 37.27 fiber 37 Police Conf Fds-Gambling 36 Municipal Court Time Pay I Current Year Net To Date Prior Year Net To Date Revenue $ 436.09 $ 386.00 $ 50.09 Expenditure $ - $ 50.00 $ (50.00) Net To Date: $ 436.09 $ _ 336.00 WW W$ WWWWWWWWWWWWWWWWWWWWWW WWWWW100.09 fiber 37 Police Conf Fds-Gambling Current Year Prior Year Net To Date Revenue $ 88.97 $ 75.89 $ 13.08 Expenditure $- _$.......................................Ss.97 $ - :::......... $ - ...., Net To Date: .:.#.:..- __....7s.89µ. $ 13.08 38 Police Judicial Forfeitures Current Year Prior Year Net To Date Net To Date Revenue $ 5,641.44 $ 2,379.96 $ 3,261.4_8 Expenditure $ (2,174.55) $ $ (2,174.55) Net To Date: Isis.99........ ............. ...... _...._..w.....� 2,379.96 _� $ _�_�_�_� ...w.__w........... 5,436.03 39 Equitable Sharing Forfeitw Current Year Prior Year Net To Date Revenue $ 787.19 $ 423.10$ Net To Date: 364.09 .... ExpenditureNet $ To Date: $ 787...19..__...__...__.. ._ $ 423.10 $ 364.09 40 City of Paris CO'93 Const F Current Year Prior Year Net To Date Revenue $ 19,739.78 $ 19,171.37 $ 568.41 Expenditure $............... ..._..... $ .:::.... $ Net To Date: _ .. 739 ,19 _..739. 19,.78 $ 19,171.37 $ 568.41 41 Tax & Rev CO 2000 Const I Current Year Prior Year Net To Date Revenue $ - $ - $ - Expenditure $ - $ - $ Net To Date: $ - $ - $ - 42 CO Series 2002 Constructh Current Year Prior Year Net To Date Revenue Expenditure $ Net To Date: $ #.____._.._..._._._.$ $ 43 GO Bonds 2013 ConstrucUi Current Year Prior Year Net To Date Revenue $ - $ Expenditure $--- � $..�........�.�.....................$��...............................�..................:�...._.� ....... Net To Date: $ - $ - $ - 45 Land Fill Current Year Prior Year Net To Date Revenue $ 318,872.51 $ 310,703.49 $ 8,169.02 Expenditure : $.....� 306,884.20 $ 261,404.54 $ 45,479.66 Net To Date: $ 11,988.31 $ 49,298.95 $(37,310.64) 50 Revenue Bonds Sinking Fu Current Year Prior Year Net To Date Revenue $ 328,336.76 $ 234,702.62 $ . _.... ...... ..... ... Expenditure $ -- _......_W.._...................... Net To Date: $.._..__ 328,336.76 _ $ 234,702.62 $ 93,634.14 51 TX&RevCOS 2013 (TWDB) Current Year Prior Year Net To Date Revenue $ 44,575.96 $ 36,645.89 $ 7,930.07 __.. ........ Expenditure •- .............. $ 8,441.25 $ 9,003.75 $ (562.50) Net To Date: $ 36,134.71 $ 27,642.14 $ s,492.57 52 2012 GO Refunding Bond ] Current Year Prior Year Net To Date Revenue Expenditure $ - $ ..- ..........._ .... $ - ....... ... .._.... Net To Date: $....� $ - $ - 53 Tax & Rev CO 2010 I&5 Fu Current Year Prior Year Net To Date Revenue $ 113,958.20 $ 79,069.86 $ 34,888.34 Expenditure $ _ 198,680.00- $ 1_94,827.00 $ 3,853.00 Net To Date: $(84,721.80) $ (115,757.14) 31,035.34 54 City of Paris CO '93 I&S Fu Current Year Prior Year Net To Date Revenue $ 339,442.95 $ 479.10 $ 338,963.85 Expenditure $....._. 271,687.50 $ 212,808.75 $ 58,878.75 ._..... Net To Date: $ 67,755.45 $ (212,329.65) #280,085.10 55 Tax & Rev CO 2000 I&S Fu Current Year Prior Year Net To Date Revenue Expenditure $ $ $ Net To Date: $ -, 56 Tax & Rev CO 2002 I&S Fu Current Year Prior Year Net To Date Revenue $ - $ (3.38) $ 3.38 Expenditure Net To Date: $ - $ (3.38) $ 3.38 57 Contractual Oblig I&S Funf Current Year Prior Year Net To Date Expenditure Net To Date: $- $ - $ - # $......... 58 2003 GO Refunding Bonds Current Year Prior Year Net To Date Revenue $ - $ - $ - _ ...............W ._ ....... ....-... ... Expenditure Net To Date: # # # 59 2010 GO/W&S Refunding I Current Year Prior Year Net To Date Revenue $ - $ Expenditure $ Net To Date: $ 60 Refunding Bonds 2012 Current Year Prior Year Net To Date Revenue $ 13,141.49 $ 11,209.96 $ 1,931.53 .._....-.......�... ..... ._.-...-.._---------- --------------------- ._..-- ------- ..: Expenditure $ - $ $ Net To Date: $ 13,141.49 $ 11,209.96 $ 1,931.53 61 Interlocal Coop Agreemeni Current Year Prior Year Net To Date Revenue $ 167,223.24 $ 36,532.68 $ 130,690.56 _-___M ._..�.... . ....... - Expenditure $ - $ - $ - Net To Date: $ 167,223.24 $ 36,532.68 $ 130,690.56 62 G O Bonds 2013 I&S Fund Current Year Prior Year Net To Date Revenue $ 1,363,600.99 $ 141,532.79 $ 1,222,068.20 Expenditure $$ 2,402,750.00 $ 2,389,612.50 IT $_....__.......13,137.50 Net To Date: $ (1,039,149.01) $ (2,248,079.71) $ 1,208,930.70 63 CO Bonds - 2016 Current Year Current Year Prior Year Net To Date Revenue $ 243,072.81 $ 171,704.33 $ 71,368.48 Expenditure : $.... 462,592.50 .(219,519.69) $ 457,917.50 .$ $ 4,675.00 Net To Date: # ..... .. (286,213.17)....$ ........................fifi,693.....3........48__ 64 CO Bonds - 2017 .. Current Year Prior Year Net To Date Revenue $ 220,214.23 $ 228,762.83 $ (8,548.60) Expenditure $ 103,468.13 $ 109,693.13 $ (6,225.00) Net To Date: ........................... ........... 116,746.10 _ $ 119,069.70 $ (2,323.60) 70 Employees Insurance Fund Current Year Prior Year Net To Date Revenue $ - $ - $ - Expenditure Net To Date: $ $ $ - 71 Insurance Claims Fund Current Year Prior Year Net To Date Revenue$ .. • Expenditure $ ...... - .. gym.-• m..m::. _.: ,. $ :.................._..m...... $ Net To Date: __ _... 72 Library Memorial Fund Current Year Prior Year Net To Date Revenue $ 2,234.68 $ 685.44 $ 1,549.24 Expenditure -_$....._. 96.15 $ 7165 ..............._ ._ $ mmm 24.50 Net To Date: $ 2,138.53 # 613.79 $ 1,524.74 )er 73 7 A Love Trust Fund Current Year Prior Year Net To Date Revenue $ $ - .... $- .._._ ....... Expenditure ::.:.:...... .. .. Net To Date: $ $ $ )er 74 3 P Poteet Trust Fund Current Year Prior Year Net To Date Revenue $ - _.. $ _. - $ - Expenditure$ - $ ............ ................ $ _... - Net To Date: $.. ............:.. .....#...... $ - )er 75 Wilbor Deshong Trust Fun( Current Year Prior Year Net To Date Revenue $ - $ - $ ........ - Expenditure Net To Date: $ - $ - $ - )er 76 Gibbs Library Fund Current Year Prior Year Net To Date Revenue $- _. $ - $ - ..........m.....__ ............. Expenditure Net To Date: $ - $ $ - )er 77 W B & Kathryn Vaughan M Current Year Prior Year Net To Date Revenue $ - $ Expenditure $ $ - �.� $ - .. .........: Net To Date: $ - $ - $ 78 Malone H Love Memorial R Current Year Prior Year Net To Date Revenue $ - $ - $ - Expenditure $..� $ $ Net To Date: $- $ - $ 79 Library Expendable Fund Current Year Prior Year Net To Date Revenue $ 745.52 ....................._....- _... $ 1,033.53 $ (288.01) Expenditure.$........._ $ _......_.........______._........_$....... ._._._.�._.__.._.. Net To Date: $ 745.52 $ 1,033.53 $ (288.01) 80 Library Permanent Fund Current Year Prior Year Net To Date Revenue $ 10.21 $ 8.72 $ 1.49 Expenditure $ -Net To Date: # __............... 10.21 $ 8.72 $ 1.49 Item No. 8 itches (Called in by citizens; inludes man hours) CLARKSVILLE IDITCH OVERGROWN SCUT ROWS; 1 MAN HR 1'12/27, DATE RESS STREET PROBLEM ACTION COMPLETED UNCLOGGED DITCH - 5 MAN 31ST SE DITCH CLOGGED HRS 12/01/23 CUT; WEEDEATED; STEEL BLADED; HAULED 3 LOADS TO COMPOST SITE; 22.5 MAHAFFEY DITCH OVERGROWN MAN HRS 12/04/23 FILLED IN WITH DIRT; 2 MAN PRIMROSE DITCH OVERGROWN HRS 12/08/23 WEEDEATED; STEEL 19TH NE DITCH OVERGROWN BLADED; 2 MAN HRS 12/08/23 CUT; PICKED UP TRASH; 1.5 24TH NW & SHILOH DITCH OVERGROWNMAN HRS 12/27/23 CUT AND CLEARED; 1 MAN 815-847 6TH SE I DITCH OVERGROWN HR 12/27/23 CLARKSVILLE IDITCH OVERGROWN SCUT ROWS; 1 MAN HR 1'12/27, Averts, Ditches & Intakes RESS STREET PROBLEM ACTION DATE E BOOTH INTAKE CHECKINTAKE 12/01/23 FAIRFAX INTAKE CHECKINTAKE 12/01/23 MARTIN LUTHER KING INTAKE CHECKINTAKE 12/01/23 HICKORY & N MAIN INTAKE CHECKINTAKE 12/14/23 N MAIN INTAKE CHECKINTAKE 12/14/23 MARTIN LUTHER KING JINTAKE CHECKINTAKE 12/14/23 6TH NE JINTAKE CHECKINTAKE 12/14/23 19TH NE INTAKE CHECKINTAKE 12/14/23 E BOOTH INTAKE CHECKINTAKE 12/14/23 3K BELMONT INTAKE CHECKINTAKE 12/14/23 FAIRFAX INTAKE CHECKINTAKE 12/14/23 W VAN ZANDT INTAKE CHECKINTAKE 12/14/23 LEVI INTAKE CHECKINTAKE 12/14/23 BEVERLY INTAKE CHECKINTAKE 12/14/23 MARTIN LUTHER KING INTAKE CHECKINTAKE 12/15/23 8TH NE INTAKE CHECKINTAKE 12/15/23 19TH NE INTAKE CHECK INTAKE 12/15/23 E BOOTH INTAKE CHECKINTAKE 12/15/23 12TH NE & TUDOR INTAKE CHECK INTAKE 12/15/23 LEVI INTAKE CHECKINTAKE 12/15/23 BEVERLY INTAKE CHECKINTAKE 12/15/23 MARTIN LUTHER KING INTAKE :CHECKINTAKE 12/28/23 TUDOR INTAKE CHECK INTAKE 12/28/23 Averts, Ditches & Intakes RESS ISTREET I PROBLEM 1ACTION DATE 12TH NE & TUDOR INTAKE ICHECKINTAKE 12/01/23 IST NW INTAKE CHECK INTAKE 12/14/23 W CHERRY INTAKE CHECK INTAKE 12/14/23 7TH NW & GRAHAM INTAKE CHECK INTAKE 12/14/23 7TH NW & ASHBY INTAKE CHECK INTAKE 12/14/23 7TH NW & BONHAM INTAKE CHECK INTAKE 12/14/23 11TH SW & KAUFMAN INTAKE jCHECKINTAKE 12/14/23 W AUSTIN INTAKE INTAKE 12/14/23 W SHERMAN rCHECK INTAKE ECK INTAKE 12/14/23 7TH SW & WASHINGTON INTAKE (CHECK INTAKE 12/14/23 BONHAM INTAKE CHECK INTAKE 12/14/23 W SHERMAN INTAKE CHECK INTAKE 12/14/23 OLD BONHAM INTAKE CHECK INTAKE 12/14/23 OAK INTAKE CHECK INTAKE 12/14/23 6TH NW & CAMPBELL INTAKE CHECK INTAKE 12/14/23 3RD SW INTAKE CHECK INTAKE 12/14/23 3RD SW & FRISCO INTAKE CHECK INTAKE 12/14/23 3RD SW INTAKE CHECK INTAKE 12/14/23 S MAIN INTAKE CHECK INTAKE 12/14/23 4TH NE & TUDOR INTAKE CHECK INTAKE 12/14/23 E PROVINE INTAKE CHECK INTAKE 12/14/23 E HENDERSON INTAKE CHECK INTAKE 12/14/23 E GARRETT INTAKE CHECK INTAKE 12/14/23 2ND NE INTAKE CHECK INTAKE 12/14/23 E CHERR INTAKE CHECK INTAKE 12/14/23 4TH NE & TUDOR INTAKE CHECK INTAKE 12/15/23 E PROVINE INTAKE CHECK INTAKE 12/15/23 E HENDERSON INTAKE CHECK INTAKE 12/15/23 E GARRETT INTAKE CHECK INTAKE 12/15/23 E GROVE JINTAKE CHECK INTAKE 12/15/23 Averts, Ditches & Intakes RESS ISTREET I PROBLEM ACTION DATE 2ND NE INTAKE CHECK INTAKE 12/15/23 HICKORY & N MAIN INTAKE CHECK INTAKE 12/15/23 IST NW INTAKE CHECK INTAKE 12/15/23 W CHERY INTAKE CHECK INTAKE 12/15/23 1ST NW JINTAKE CHECK INTAKE 12/15/23 IST NW & SHERMAN JINTAKE CHECK INTAKE 12/15/23 W WASHINGTON IINTAKE CHECK INTAKE 12/15/23 1ST SW & WASHINGTON JINTAKE CHECK INTAKE 12/15/23 2ND SW JINTAKE CHECK INTAKE 12/15/23 3RD SW & SHERMAN INTAKE CHECK INTAKE 12/15/23 W SHERMAN INTAKE CHECK INTAKE 12/15/23 7TH SW & GRAHAM JINTAKE CHECK INTAKE 12/15/23 W AUSTIN (INTAKE CHECK INTAKE 12/15/23 7TH NW & BONHAM INTAKE CHECK INTAKE 12/15/23 7TH NW & ASHBY INTAKE CHECK INTAKE 12/15/23 13TH SW & SPERRY INTAKE CHECK INTAKE 12/15/23 IST SW & WASHINGTON INTAKE CHECK INTAKE 12/22/23 IST SW & WASHINGTON INTAKE CHECK INTAKE 12/22/23 IST SW & SHERMAN INTAKE CHECK INTAKE 12/22/23 2ND SW INTAKE CHECK INTAKE 12/22/23 3RD SW INTAKE CHECK INTAKE 12/22/23 3RD SW & SHERMAN INTAKE CHECK INTAKE 12/22/23 4TH SW INTAKE CHECK INTAKE 12/22/23 W SHERMAN INTAKE (CHECK INTAKE 12/22/23 13TH SW & SPERRY INTAKE CHECK INTAKE 12/22/23 BONHAM INTAKE CHECK INTAKE 12/22/23 19TH SW & GRAHAM INTAKE CHECK INTAKE 12/22/23 12TH SW & KAUFMAN INTAKE CHECK INTAKE 12/22/23 W CHERRY INTAKE CHECK INTAKE 12/22/23 2ND NW JINTAKE T. CHECK INTAKE 12/22/23 Averts, Ditches & Intakes RESS ISTREET 1ST SW (INTAKE (CHECK INTAKE 112/01/23 CUT/CLEARED DITCH FROM CLARKSVILLE TO 24TH SE; S COLLEGIATE DITCH HAULED OFF DEBRIS 12/07/23 13TH SW INTAKE CHECK INTAKE (12/14/23 POLK JINTAKE CHECKINTAKE 12/14/23 JACKSON INTAKE CHECKINTAKE 12/14/23 13TH SW JINTAKE CHECKINTAKE 12/14/23 24TH SE INTAKE CHECKINTAKE 12/14/23 6TH SW & BROWN INTAKE CHECKINTAKE 12/15/23 16TH SE INTAKE CHECKINTAKE 12/15/23 24TH SE & HUBBARD INTAKE CHECKINTAKE 12/22/23 alverts, Ditches & Intakes RESS ISTREET I PROBLEM ACTION DATE 19TH SW & GRAHAM INTAKE CHECK INTAKE 12/15/23 28TH SW & GRAHAM INTAKE 12/15/23 28TH SW & GRAHAM ECHECKINTAKE INTAKE NTAKE 12/15/23 41STSW&SAGETRAIL INTAKE NTAKE 12/15/23 W SHERMAN INTAKE (CHECK INTAKE 12/15/23 19TH SW & SHERMAN INTAKE CHECK INTAKE 12/15/23 Averts, Ditches & Intakes RESS ISTREET I PROBLEM ACTION DATE HUBBARD CULBERTSON 3RD SW & SHERMAN IST SW & HEARNE INTAKE INTAKE INTAKE INTAKE 'CHECK INTAKE ICHECKINTAKE CHECK INTAKE CHECK INTAKE 12/14/23 12/14/23 12/14/23 12/14/23 6TH SE & WASHINGTON INTAKE CHECK INTAKE 12/14/23 C HEARON JINTAKE CHECK INTAKE 12/14/23 17TH SE & HEARON INTAKE CHECK INTAKE 12/14/23 24TH SE & HUBBARD 1INTAKE CHECK INTAKE 12/14/23 24TH SE 'INTAKE CHECK INTAKE 12/15/23 HUBBARD INTAKE CHECK INTAKE 12/15/23 CLARKSVILLE INTAKE CHECK INTAKE 12/15/23 C 16TH SE INTAKE CHECK INTAKE 12/15/23 1ST SE INTAKE CHECK INTAKE 12/22/23 IST SW & HEARNE INTAKE CHECK INTAKE 12/22/23 24TH SE & HUBBARD INTAKE CHECK INTAKE 12/22/23 C S MAIN INTAKE CHECK INTAKE 12/22/23 3RD SE & KAUFMAN INTAKE CHECK INTAKE 12/22/23 E KAUFMAN INTAKE CHECK INTAKE 12/22/23 C E AUSTIN INTAKE CHECK INTAKE 12/22/23 6TH SE & WASHINGTON INTAKE CHECK INTAKE ,12/22/23 IHEARON INTAKE CHECK INTAKE 12/22/23 LAMAR INTAKE CHECK INTAKE 12/22/23 16TH SE & MARGARET INTAKE CHECK INTAKE 12/22/23 17TH SE IINTAKE ICHECKINTAKE 12/22/23 CLARKSVILLE IINTAKE ICHECKINTAKE 12/22/23 Averts, Ditches & Intakes RESS STREET 1 PROBLEM 1ACTION DATE 34TH NE & FARGO JINTAKE CHECK INTAKE 12/14/23 22ND NE JINTAKE CHECK INTAKE 12/14/23 24TH NE & RIDGEVIEW JINTAKE CHECK INTAKE 12/14/23 24TH SE & HUBBARD INTAKE CHECK INTAKE 12/15/23 22ND NE JINTAKE CHECK INTAKE 12/15/02 W CHERRY (INTAKE CHECK INTAKE 12/15/23 24TH SE & HUBBARD IINTAKE CHECK INTAKE 12/22/23 Averts, Ditches & Intakes RESS ISTREET I PROBLEM 1ACTION ROBIN INTAKE !CHECK INTAKE ROBIN INTAKE CHECK INTAKE PINE MILL INTAKE CHECK INTAKE 47TH SE INTAKE CHECK INTAKE DATE 12/15/23 12/22/23 Item No. 9 Code Enforcement Re ort: December, 2023 Cases Worked: 100 Cases Completed: 94 Lots Abated: 20 Other Work by Abatement Crew: Worked Downtown —1 days Removed Tires — 4 days Removed Illegal Dumps — 8 days Repaired/Serviced Equipment — 3 days Demolished Houses —1 days Demolition Report: December 2023 The Building and Standards Commission did not meet in December, 2023. 7 Structures were demolished in December, 2023: 1219 E Hearon 336 E Hearon 708 SE 6th 830 NW 28t' 1754 Hubbard 731 SE 3" 1153 Tudor Memorandum Item No. 10 TO: Mayor, Mayor Pro Tem and City Council Grayson Path, City Manager FROM: Todd Mittge, City Engineer SUBJECT: Consideration of and action on the Replat of the East Park Addition (originally submitted as the Jones 278 Homes Addition) Lot 7A Block M DATE: Wednesday, January 17, 2024 BACKGROUND The applicant requests approval of a Replat for the East Park Addition (originally submitted as the Jones 278 Homes Addition) Block(s) M Lot(s) 7A in order to establish a building site for a single family residence. RECOMMENDATION Staff recommends approval of the Replat as submitted. Plat and Field Notes from a survey of a 1.025 acre tract of land out of the Reding Russell Survey, Abstract No. 786, in Lamar County, Texas. eyor's Note: / locations per City Base Map 9-7-22 AC 31 locations have not been field verified is, Flood Insurance Rate Map, prepared by the Fed- urance Program, Map Number 48277C0320C, above described tract of land appears to lie within 00 year flood plain. Hansen - Moore Owner. Caitiff is I (we), ,,,,,,,,,,,,, _ hereby -dirty as follows: (1) That I (we) own in fee the propend which is the subject of this plat, In the event of liars or ancumberances. I (we) have provided proof of lender concurrence for this development (2) That I (we) have mused this plat to be prepared that it is authentic, and accurate to the best of our knowledge; (3) Thal I (we) do hereby dedicate the sheets, alleys, easements, water and sewer utilities, and drainage facilities provided within or for this development, to the City of Pans, Texas; and (4) Thal I (we) warrant the workmanship and materials used in the construction of all water, sewer, and drainage facilities, and pavements, for a period of one year from the date of plat approval by the City. APPROVAL CERTIFICATION STATE OF TEXAS COUNTYOFILAMAR BEFORE ME, the undersigned authority, a Notary Public in and for said County and State on this day didpersonally appear _, _ ....r....... „_ _ , known to me to be the person whose name is sub- scribed to the foregoing instrument, and acknowledged to me that he/she executed same for the purpose and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this. day of . ___, A.D. 2023. NOTARY PUBLICSTATE OF TEXAS The undersigned the Clark of the City of Pads, hereby cues that the foregoing map or plat of. ..-.-........-- __ ---_--._.___- was submitted to the City Council on the day of .. _____ and the council by formal action and there acceptedthe dedication of any streets, alleys, parks, easements, public places, and water and sewer lines, as shown in and upon said map or plat, and said Council further authorizes the Mayor to note the acceptance thereof, by signing Ns name as herein subscribed. Witness my hand and seal this ®,••, day of,__ ______--_,,,,, A.D. 2023. ..,..�, ............... City Clerk -City of Pads APPROVED „d. .......... _............. ". DATE Chairman - Planning and Zoning Commission ACCEPTED:___ __ m ........ _...,_---....W DATE Mayor - City of Pans ]FINAL PLAT JONES 278 HOMES ADDITION BLOCK A - LOT I 1-025 AGES lof 1 1015 Cannon Place, Paris, Texas 75461 (903) 784-4145 Field Notes for Block A, Lot 1, of the Jones 278 Homes Addition All that certain tract or pareel of land slome d within the Corporate Limits of the City of Paris, In Lamar County, Texas; pan of the Reding Russell Survey, Abstract No. 786, and being all of Lots 7. 8 and 9 of Block M, of the East Park Addition. located in Plat Book 1, Page 90 of the Lamar County Plat Records, and same also being all of the called Lots 7, 8 and 9 in Block M of said Addition, as described in a Deed to Larry Jones, and recorded in Document 132034.2016, of the Official Pudic Records of Lamar County, and being more particularly described as follows, to wil: Beginning at a 14" Iran pin (set) for a corner in a West Line of 15th Street Northeast, same being the Northeast comers of said Lot 7, and of saitl Jones Tract, and same also being the Southeast canner of Lot 6 of Bald Addition; Thence S 01. 28' 39" E with the East Line of said Jones tract and of said Lot 7, and than of said Lot 8 and of Lot 9, and with a West Line of said Street. at approx. 59, passing the Sautheast comer of said Lot 7, same being the Northeast comer of said Lot 8, and conlinuing same course, at approx. 100'passing the Southeast comer of said Lola same being the Northeast comer of Lot 9, and continuing same course, in all, a distance of 150.009', to a %" iron pin (found) for a comer, same being the Southeast comer of said Lot 9 and same also being the Northeast comer of the called 0.369 acre, more or less. Lot 4A, Block 278 of the City of Paris Addition tract of land as described in a Deed to The City of Paris Trustee, Nealan Turner, aL al as recorded in Document 196086.2022, of the Official Public Records of Lamar County, same also being the Northeast comer of said Lot 4-A of said Addition; Thence S 89° 03' 59' W with the South Une of said Jones tract and of sad Lot 9, and with the North Line of said Lot 4, and then of said Park 3-A Lot of said Block, at approx 99passing the Northwest corner of mid Lot 4, same being the Northeast comer of Said Park 3-A, and continuing same course, in all, a distance of 298.017 toe%"son pin (found)for a corner in an East Line of Park 3 Lot of sed Block, same being the Southwest comer of said Jones tract and of said Lot 9 and same also being the Northwest comer of said Park 3-A; Thence N 01" 05'26" W with the West Line of sad Jones tract, sad Lot 9, and then said Lots 8 and 7 and with an East Line of said Park 3 Lo[ at approx 50', passing the Northwest comer of saitl Lot 9 same being the Southwest comer of said Lot 8, and continuing same course, at 100' passing the Northwest center of said Lot 8, same being the Southwest corner of sad Lot 7, and continuing same course, in all, a distance of 150,094'. to a A" Iron pin (found) for a corner, same being the Northwest comer of said Jones tract and of said Lot 7 and same also being a Southwest comer of Lot 1 of mid Addition, same being the Southwest mer of a called Tract 2. tract of land described in a Deed to Dreamdata Solutions. INC as recorded in Document 182347-2021, of the Official Public Records of Lama County Thence N 89' 05'03" E with the North Line of said Jones tract and of said Lot 7, and with the South Lines of said Tract 2 said Lot 1, and then said Lots 2, 3, 4, 5, and 6 of said Addition, at approx. 48', passing the Southeast comer of said Lot 1, same being the Southwest comer of said Lot 2, and continuing same course, at approx. 98' passing the Southeast comers of said Lot 2 and of said Tract 2, same being the Southwest comer of said Lot 3 and of a called Lot 3, Block'M" East Park Addition tract of land described in a Deed to Jamie Bland, as recorded In Document 196178-2022, of the Official Public Records of Lamar County, and continuing same course, at approx. 148' passing the Southeast comers of said Lot 3 and of saitl Bland tract, me being the Southwest comer of saitl Lot 4 and of a called LCAD #11129, 'East Park Addition, Block M, Lot 4' tract of land described in a Deed to Donald Johnson, at. al., as recorded in Document 166007-2020, of the Official Public Records of lamer County, and continuing same course, at approx. 198' passing the Southeast comers of said Lot 4 and of said Johnson tract, same being the Southwest comer of said Lal 5 and M of the called Lot Five (5). Block "" of the East Park Addition as described in a Dead to Curtis Hams, and recorded in Document 126727-2015, of the Official Public Records of Lamar County, and continuing same course, at approx. 248' passing the Southeast comer of mid Lot Sand or said Harris tract, and same also being the Southwest comer of said Lot 6 and of the called Lot Six (6) in Block M of the East Park Addition, as described in a Deed to Thelma Clement, as Trustee of the Clement Family Trust, as recorded in Document 204211-2023, of the Official Public Records of Lamar County, and continuing same course, in all, a distance of 297.004', to the Place of Beginning and containing 1.025 acres of land. The bearings mcfed herein are based upon the North American Datum 1983 in the Texas North Central Zone (4202) in US Survey Feel using GPS observations within the Leith HxGN SmartNet Network. I, Wendell Moore, RPLS #5723, hereby certify that this survey was made on the ground by me or under my direct supervision, and shown accurately and correctly and on the attached plat, and the locations of all easements, rows, setback lines, and other matters affecting the subject property (whether of record or not), which are visible or which I have been advised are shown or noted. Except as noted there are no visible encroachments, protrusions. or conflicts. This survey was completed September 10, 2023. Wendell J. Moore RPLS# 5723 Engineering Firm ID # ENG7577204 Memorand'um Item No. 11 TO: Mayor, Mayor Pro Tem and City Council Grayson Path, City Manager FROM: Todd Mittge, City Engineer SUBJECT: Consideration of and action on the Replat of City Block 141 (submitted as Preliminary Plat of the McCuin 141 Addition Lot 1 Block A) DATE: Wednesday, January 17, 2024 BACKGROUND The applicant requests approval of a Replat for City Block 141 Lot 12R (submitted as McCuin 141Addition Block(s) A Lot(s) 1) in order to establish a building site for a single family residence. RECOMMENDATION Staff recommends approval of the Preliminary Plat with the condition that the following issues are addressed: Chapter 9A, II Definitions, (11): The word "replatting" shall be the re -subdivision of any part or all of any block or blocks of a previously platted subdivision, addition, lot, or tract, except as hereinafter provided in Section a. During review it was determined that City Block 141 has already been platted (Lamar County Plat Records Volume 1 Page 20). As such the submitted plat shall be Replat of City Block 141 Lot 12R. The title block and drawing shall be revised accordingly. 2. Chapter 9A, VII Replatting, (A): a. The certifications and signature blocks shall be revised to meet the requirements of a final plat. --------------------------------------- -Woodlawn--Street--------------- ---------------_-- _._--------- -------------------- t r w. Anr�a mwniae.ae.mn plv.wx.me..m.eeuar. r.w. r .w4vMavwvAUN wNnab°Waeeveg�m.mwe[pno T..n Oa.ue. n.d D—kp— Wntur tltian� )U Wwxllmn tic P..ix. Ten. ]S O (90.j 7S;-uM15 �nr,ing: PRELIMINARY PLAT FOR INSPECTION PURPOSE ONLI /(.PCi�ILI�!! �7� 77.G!l7.fA.I.d.17 LOT 1. BLOCK .A ().213 ACRE. ,t a in . 5 re --SNI Ya G - .m.ma�nan Mce nn.ean xawmw ?' � t — w— '_ Valixll r � 'I 1 e�N• 3� O .yr r w. Anr�a mwniae.ae.mn plv.wx.me..m.eeuar. r.w. r .w4vMavwvAUN wNnab°Waeeveg�m.mwe[pno T..n Oa.ue. n.d D—kp— Wntur tltian� )U Wwxllmn tic P..ix. Ten. ]S O (90.j 7S;-uM15 �nr,ing: PRELIMINARY PLAT FOR INSPECTION PURPOSE ONLI /(.PCi�ILI�!! �7� 77.G!l7.fA.I.d.17 LOT 1. BLOCK .A ().213 ACRE. Item No. 12 Memorandum TO: Mayor, Mayor Pro -Tem & City Council Grayson Path, City Manager FROM: Janice Ellis, City Clerk SUBJECT: GENERAL MUNICIPAL ELECTION DATE: January 22, 2024 BACKGROUND: Pursuant to Section 14 of the Charter for the City of Paris, an election shall be held in May on the uniform election date in even numbered years for the purpose of electing Council Members for Districts 1, 2, 3 & 6 The uniform election date prescribed by the State is May 4, 2024. STATUS OF ISSUE: The early voting polling place for the four Districts is the Lamar County Courthouse Annex for Early Voting and Election Day. BUDGET: The estimate for election services is $8,639.07 for the general election. The City has $8,800.00 budgeted for elections. RECOMMENDATION: Approve a Resolution calling the City of Paris' general election for May 4, 2024. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ORDERING REGULAR MUNICIPAL ELECTION , R THE CITY OF A; TEXAS, BE HELD ON THE FIRST SATURDAY ,, , 2 SAME BEING THE 4TH DAY OF MAY, 2024, FOR THE PURPOSE OF ELECTING .-; S OF THE PARIS CITY COUNCIL IN DISTRICTS 1, 2, 3, AND 6 FOR THE ENSUING TWO YEARS; DESIGNATING POLLING PLACES; ORDERING NOTICES OF ELECTION TO BE AND i' EFFECTIVE DATE. ,1 ,. , t, S, it is necessary that the City Council of the City of Paris order a regular municipal election 4;the City of Paris, Texas, to be held by the qualified voters of . and 6 of the City of Paris, Texas, on the first Saturday2024, same being the 4th. day of May, 2024, between a.m. and 7:00 o'clock p.m., for the terms, as follows: purpose One Council Member from District One (1) One Council Member from District Two (2) f' WHEREAS,, Lamar County Elections Administrator in accordance with the provisions of the Texas Election Code, the Charter of the City of Paris, the Election Contract with the County of Lamar, and as provided in Paragraphs 1976, in Civil Action No. P -75 -3 -CA, in the United States District Court for the Eastern District of Texas, Paris Division, and as provided in the Charter of the City of Paris and the Statelaws of the of Texas wherein they do not conflict with said WHEREAS, the City of Paris accepts Lamar County Election Administration's the Election Systems & Software direct recording systems, been certified by the Secretary of State and approved by the United States Department of Justice. ,i;l 0 PARIS, TEXAS: Section 1e That the findings set out in this resolution are hereby in all things approved. orderedSection 2. That the regular municipal election is hereby for May a ballotsfor the City of Paris, Texas, for the purpose of electing members of the City Council for Districts 1, 2, 3, and 6. The polling location where qualified voters may cast generalthe Lamar Avenue, Paris, Texas. The polling location shall be open from 7:00 a.m. to 7:00 p.m. the date of the election. The election will be conducted in accordance with the Contract for Election Services attached hereto as Exhibit "A." Section 3. That early voting by personal appearance by qualified voters may be conducted at the Lamar County Courthouse Annex, 231 Lamar Avenue, Paris, Texas. Early voting by personal appearance for the May 4, 2024 General Election will be conducted by the Lamar County Elections Administrator beginning on Monday, April 22, 2024, and continue through Tuesday, April 30, 2024. Section 4. That applications for early voting ballot by mail shall be mailed to: Tricia Johnson, Early Voting Clerk, Lamar County Elections Administrator, Lamar County Courthouse Annex, 231 Lamar Avenue, Paris, Texas. Section S. That in accordance with Section 123.001 of the Texas Election Code, the Election Systems & Software direct recording electronic voting systems approved by the Secretary of State are hereby adopted for the general election on May 4, 2024. Section 6. That pursuant to the Contract for Election Services, the Lamar County Elections Administrator shall serve as Election Administrator for the election. Presiding Election Judges and Alternate Presiding Election Judges appointed to serve at said polling places shall be those election officials appointed by the Elections Administrator. Section 7. That in compliance with Section 271.006 of the Texas Election Code, Tricia Johnson, Lamar County Elections Administrator, will be appointed as Early Voting Clerk. Other deputy early voting clerks will be appointed as needed to process early voting mail and to conduct early voting by personal appearance at the Early Voting Polling Place, Lamar County Courthouse Annex, 231 Lamar Avenue, Paris, Texas. Section 8. That an Early Voting Ballot Board shall be created to process early voting results in accordance with Section 87.007 of the Texas Election Code. The Early Voting Ballot Board shall be made up of members appointed in the manner stated in the Contract for Election Services. Section 9. That such election shall be held in accordance with the laws of the State of Texas governing general and municipal elections, insofar as the same may be applicable, and with the provisions of the City Charter and Ordinances of the City of Paris, wherein said Charter and ordinances do not conflict with state law and the above-described Order. Section 10. That the City Clerk of the City of Paris is hereby directed and instructed to cause the posting of a properly executed Notice of Election pursuant to this order of election, signed by the Mayor of the City of Paris and attested by the City Clerk, on the bulletin board in the City Clerk's Office, on the board provided for notices at the City Hall door, at each of the polling places designated above, not later than the twenty-first (21st) day before election day; further, a properly executed copy of such Notice of Election shall be published at least one time not earlier than the thirtieth (30th) day nor later than the tenth (10th) day before election day in at least one (1) daily newspaper published in the City of Paris, and a copy of the notice shall be filed with the City Clerk of the City of Paris, together with the posting officer's return and the newspaper certificate of publication. Section 11. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED by the City Council of the City of Paris in a regular meeting, at the City Hall of said City, on this 22nd day of January, 2024. Reginald B. Hughes, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney THE STATE OF TEXAS § COUNTY OF LAMAR § CONTRACT FOR ELECTION SERVICES BETWEEN THE LAMAR COUNTY ELECTIONS ADMINISTATOR'S OFFICE AND THE CITY OF PARIS. THIS CONTRACT made by and between Lamar County, Texas, acting by and through Tricia Johnson, Lamar County Elections Administrator, hereinafter referred to as "The Elections Administrator" and THE CITY OF PARIS, a governmental entity organized under the laws of the State of Texas, hereinafter referred to as the "Entity" and by the authority of Section 31.092(a) of the Texas Election Code for the conduct and supervision of the Entity's May 4, 2024 General Election for the election of its officers. RECITALS The Entity is holding an election for the purpose of selection of certain elected officers of the Entity (at the expense of the Entity) on May 4, 2024. The election precincts of the Entity, which lie within the jurisdictional limits of Lamar County (the "County"), have been established and may be re-established by the Entity as its election precincts pursuant to Section 42.061 of the Texas Election Code. The County owns a direct recording electronic voting system which has been duly approved by the Secretary of State pursuant to Texas Election Code Chapter 122 as amended, and the Entity desires to use the County's electronic voting system in its election and to compensate the County for such use. NOW THEREFORE, in consideration of the mutual covenants, agreements, and benefits to the parties, IT IS AGREED as follows: I. ADMINISTRATION The Lamar County Elections Administrator shall assist, coordinate, supervise, and handle all aspects of administering the election as provided in this Contract in a manner consistent with all relevant laws, codes, rules and regulations, including, without limitations, those functions set forth in Exhibit Al. The Entity agrees to pay Lamar County Elections Administrator for equipment, supplies, services, and administrative costs as provided in this Contract. The Lamar County Elections Administrator shall serve as the administrator for the election; however, the Entity shall remain responsible for the lawful conduct of its election including, without limitation, those functions reserved to the Entity and set forth in Exhibit A2 and any functions which cannot be lawfully delegated to the Lamar County Elections Administrator. The Elections Administrator shall provide advisory services in connection with decisions to be made and actions to be taken by the officers of the Entity; however it shall be the responsibility of the Entity to obtain whatever legal opinions it deems necessary, from the Entity's chosen legal counsel and at the Entity's sole cost and expense. The Lamar County Elections Administrator will not provide legal advice to the Entity. II. LEGAL DOCUMENTS The Entity shall be responsible for the preparation, adoption, and publication of all required election orders, resolutions, notices, and any other pertinent documents required by the Texas Election Code, including the language of the official ballot. The Entity shall provide a copy of its election order and notice to the Lamar County Elections Administrator not later than sixty (60) days before the election, as provided for by Section 4.008 of the Texas Election Code. III. VOTING LOCATIONS It is agreed that Election Day voting shall be held at the locations shown in the Election Order and Notice duly adopted by the Entity. In the event that any of these voting locations are not available, the Elections Administrator will arrange for use of an alternate location with the approval of the Entity and at the Entity's expense, together with DOJ approval. This Contract shall be deemed an agreement for a joint election with other governmental units in Lamar County holding an election on the same day in all or part of the same territory and whose governing bodies have authorized said joint election by order, resolution or other official action. IV. ELECTION JUDGES, CLERKS AND OTHER ELECTION PERSONNEL Lamar County shall be responsible for the initial selection of the presiding election judges, alternate election judges and election clerks for the Entity's election. The Elections Administrator shall provide to the Entity a list of presiding judges, alternate judges and clerks for its election who shall be appointed by the Entity as required by law. The Elections Administrator shall notify all election judges of the eligibility requirements of Subchapter C of Chapter 32 of the Texas Election Code, and will take the necessary steps to ensure that all election judges appointed for the Entity's election are eligible to serve. The Elections Administrator shall arrange for the training and compensation of all election judges and clerks. The Elections Administrator shall arrange for the date, time, and place for presiding election judges to pick up their election supplies. Each presiding election judge will be sent a letter (not later than the 15' day before election day, as required by Section 4.007 of the Texas Election Code) by the Elections Administrator notifying him of his appointment, the time and location of distribution of election supplies, and the number of election clerks that the presiding judge may appoint. 4 Each Presiding Election Judge and Election Clerk will receive $12.00 per hour for a maximum of 14 hours. The Presiding Election Judge or Election Clerk will receive an additional $25.00 as flat -rate compensation for delivering election returns and supplies to the Lamar County Elections Administrator's Office after the polls close. It is agreed by the Entity that at all times and for all purposes hereunder, all election judges, clerks, and all other employees involved in this election are independent Contractors and are not employees or agents of Lamar County or the Entity. No statement contained in this Contract shall be construed so as to find any judge, clerk, or any other election personnel an employee or agent of the County or the Entity, and all election personnel shall be entitled to none of the rights, privileges, or benefits of County employees or Entity employees except as otherwise may be stated herein, nor shall any election personnel hold himself out as an employee or agent of the County or the Entity, unless considered a County or Entity employee as determined by the policies of Lamar County or the Entity, V. SUPPLIES AND PRINTING The Elections Administrator shall arrange for the use of the direct recording electronic voting machines and supporting supplies and equipment and all other election supplies and related printing including, but not limited to, official ballots, sample ballots, ballot boxes, voter registration lists, and all forms, signs, maps and other materials used by the election workers at the Early Voting and Election Day voting locations. The Entity shall furnish to the Elections Administrator a list of candidates and/or propositions showing the order and the exact manner in which the names or proposition(s) are to appear on the official ballot. This list shall be delivered to the Elections Administrator as soon as possible after the Entity has determined ballot positions. The Entity shall be responsible for proofreading and approving the official ballot before printing as well as approving the ballot screen prompts and audio recordings for the Direct Recording Electronic voting devices. VI. EARLY VOTING The Entity agrees that the Election Administrator shall serve as the Early Voting Clerk in accordance with Section 31.097 of the Texas Election Code and agrees to designate the Office of the Elections Administrator as the main Early Voting polling location. The Entity also agrees that the Elections Administrator's permanent county employees, during regular office hours, shall serve as deputy early voting clerks, without additional compensation; and that the Elections Administrator may appoint other deputy early voting clerks to assist in the conduct of early voting as necessary. It is agreed that Early Voting by personal appearance will be held at the locations, times and days as determined by the Election Administrator. In the event that any of these voting locations are not available, the Elections Administrator will arrange for use of an alternate location with the approval of the Entity and at the Entity's expense. 3 As Early Voting Clerk, the Elections Administrator shall receive applications for early voting ballots to be voted by mail in accordance with Chapters 31 and 86 of the Texas Election Code. Any requests for early voting ballots to be voted by mail received by the Entity shall be forwarded immediately to the Elections Administrator for processing. Persons voting by mail will send their marked ballots to the Elections Administrator's Office. The Elections Administrator will be responsible for payment to all parties who have provided services, supplies and voting locations for the election. A contracting Entity shall not be liable to any third party by default of the Elections Administrator's Office in connection with holding the election, including failure by Lamar County or its Elections Administrator's Office to pay for services, supplies and voting locations for this election. Early voting by personal appearance by qualified voters will be conducted at the Lamar County Courthouse Annex, 231 Lamar Avenue, Paris, Texas. Early voting by personal appearance for the May 4, 2024 General Election will be conducted by the Lamar County Elections Administrator beginning on Monday, April 22, 2024, and continue through Tuesday April 30, 2024, during normal business hours of 8:00 a.m. until 5:00 p.m. VII. EARLY VOTING BALLOT BOARD An Early Voting Ballot Board shall be created to process early voting results from the Entity's election. The Elections Administrator shall appoint the Presiding Judge of the Early Voting Ballot Board. The Presiding Judge, with the assistance of the Elections Administrator, shall appoint two or more additional members to constitute the Early Voting Ballot Board members to efficiently process the early voting ballots. VIII. CENTRAL COUNTING STATION AND ELECTION RETURNS The Elections Administrator shall be responsible for establishing and operating the central counting station to receive and tabulate the voted ballots in accordance with the provisions of the Texas Election Code and of this Contract. The Entity hereby appoints the following central counting station officials in accordance with Sections 127.002 and 127.005 of the Texas Election Code: Counting Station Manager: Tricia Johnson, Elections Administrator Tabulation Supervisor: Tricia Johnson, Elections Administrator Presiding Judge: Tricia Johnson, Elections Administrator The Elections Administrator or his representative shall deliver timely cumulative reports of the election results as precincts report to the central counting station and are tabulated. The Election Administrator shall be responsible for providing cumulative totals and precinct returns from the election to the Entity, prior to releasing the information to the candidates, press, or general public, by distribution of hard copies at the Central Counting Station or electronic transmittals by facsimile (when so requested.) 0 IX. ELECTION RESULTS The Elections Administrator will prepare the unofficial canvass reports after all ballots have been counted and will deliver a copy of the unofficial canvass to the Entity as soon as possible after all returns have been tabulated, but in no event later than 5:00 p.m. of the seventh day following the election date. The Entity shall be responsible for the official canvass of its election. The Elections Administrator shall be responsible for conducting the post-election manual recount required by Section 127.201 of the Texas Election Code unless a waiver is granted by the Secretary of State. Notification and copies of the recount, if waiver is denied, will be provided to the Entity and the Secretary of State's Office. X. ELECTION EXPENSE AND ALLOCATION OF COSTS The Entity agrees to reimburse Lamar County for the actual costs of administering its election including, but not limited to, the actual costs of supplies, printing, programming, personnel, and polling place rental fees. The Entity agrees to reimburse Lamar County for overtime wages and benefits paid to the permanent employees of The Elections Administrator for Contractual duties performed outside the normal business hours of Lamar County in accordance with Section 31.100(e) of the Texas Election Code. The Entity further agrees to pay Lamar County an administrative fee equal to ten percent (10%) of its total billable costs in accordance with Section 31.100(d) of the Texas Election Code. The fee may not be less than $75.00. XI. TERMINATION The Elections Administrator's Office and each contracting Entity each have the right to terminate this agreement at any time upon written notice to the other party with payment of all outstanding bills for election services incurred prior to the date of the notice. In no case will a contract be terminated less than forty-five (45) days prior to an election or after receipt of the below mentioned partial payment as discussed in paragraph XVII. XII. WITHDRAWAL FROM CONTRACT DUE TO CANCELLATION OF ELECTION The Entity may withdraw from this Contract should it cancel its election in accordance with Sections 2.051 - 2.053 of the Texas Election Code. XIII. RECORDS OF THE ELECTION The Elections Administrator is hereby appointed general custodian of the voted ballots and all records of the election as authorized by Section 31.096 of the Texas Election Code. Access to the election records shall be available to the Entity as well as to the public in k accordance with applicable provisions of the Texas Election Code and the Texas Public Information Act. The election records shall be stored at the offices of the Elections Administrator, who shall ensure that the records are maintained in an orderly manner so that the records are clearly identifiable and retrievable. Records of the election shall be retained and disposed of in accordance with the provisions of Section 66.058 of the Texas Election Code. If records of the election are involved in any pending election contest, investigation, litigation, or open records request, the Elections Administrator shall maintain the records until final resolution or until final judgment, whichever is applicable. It is the responsibility of the Entity to bring to the attention of the Elections Administrator any notice of pending election contest, investigation, litigation or open records request which may be filed with the Entity. The Elections Administrator shall notify the Entity of the planned destruction of any records of the election prior to the record's destruction. XIV. SPECIAL ELECTIONS The Entity understands and agrees that the cost estimates provided within this contract are for the Entity's general election and that any special election(s) called may increase the cost of the election. XV. RECOUNTS A recount may be obtained as provided by Title 13 of the Texas Election Code. The Entity agrees that any recount shall take place at the offices of the Elections Administrator, and that the Elections Administrator shall serve as Recount Supervisor and the official of the Entity performing the duties of a secretary under the Texas Election Code, or its lawful designee, shall serve as Recount Coordinator. The Elections Administrator agrees to provide advisory services to the Entity as necessary to conduct a proper recount. XVI. COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT The Elections Administrator will assist the Entity in securing adequate polling places, rent free if available; however, it is the responsibility of the Entity to ensure that the polling places comply with current accessibility standards as set forth in the Americans With Disabilities Act and any state or local laws or ordinances. Accessibility compliance shall be at the Entity's expense. In the event that compliance cannot be achieved, the Entity agrees to indemnify the Elections Administrator and Lamar County, Texas from any resulting liability, whether civil or criminal. XVII. MISCELLANEOUS PROVISIONS A. It is understood that to the extent space is available, that other political subdivisions may wish to participate in the use of the County's election equipment, and it is agreed that the Elections Administrator may contract with such other political 0 subdivisions for such purposes and that in such event there may be an adjustment of the pro -rata share to be paid to the County by the participating authorities. B. The Elections Administrator shall file copies of this document with the Lamar County Treasurer and the Lamar County Auditor in accordance with Section 31.099 of the Texas Elections Code. C. In the event that legal action is filed challenging the Entity's election, each party hereto shall defend its own actions, officials and employees. Provided, however, if it is determined that the legal action brought against Lamar County or the Lamar County Elections Administrator or any additional election personnel, is based solely on the negligent acts or the wrongful intentional actions of the entity, then the Entity shall provide, at its own expense, legal representation for the County, the Elections Administrator, and additional election personnel as necessary save and except in any instance whereby an unlawful or otherwise improper act or omission of the County, the Election Administrator or another Entity participating in the election has precipitated such legal action. D. The County and the Entity agree that under the Constitution and laws of the State of Texas, neither the County nor the Entity can enter into an agreement whereby either party agrees to indemnify or hold harmless another party; therefore, all references of any kind, if any, to indemnifying or holding or saving harmless for any reason are hereby deleted. E. This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Lamar County, Texas. F. In the event one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. G. All parties shall comply with all applicable laws, ordinances, and codes of the State of Texas, all local governments, and any other entities with local jurisdiction. H. The waiver by any party of a breach of any provision of this Contract shall not operate as or be construed as a waiver of any subsequent breach. I. Any amendment of this Contract shall be of no effect unless in writing and signed by all parties hereto. 7 XVIII. COST ESTIMATES AND DEPOSIT OF FUNDS The estimated cost for such services will be computed by the Elections Administrator and delivered to each contracting Entity within sixty (60) days prior to the election. Each contracting Entity shall pay the Elections Administrator twenty-five (25) percent of the total cost within ten (10) days after ordering the election, and no later than forty-five (45) days prior to the election, as partial payment for contract election services. After the date of the election and completion of all duties required by the Elections Administrator, the Elections Administrator shall then compute the final statement for all services rendered, together with administrative fees, less any partial payments and bill each contracting Entity, as applicable, such sum. Each contracting Entity shall be responsible for paying this amount within thirty (30) days from the date of billing. It is understood by the Entity that the actual expenses for this election may exceed the estimate. It is further understood by the Entity that this estimate is based on the participation of other Entities in this election. If one or more of these other Entities chooses not to participate, or if it cancels its election as allowed by law, its share of the total election expenses will be distributed among the other participating Entities. In the event that the Entity disputes any portion of the charges, fees or costs payable under this Contract, the Entity agrees to promptly pay the undisputed amounts when due. XIX. MODIFICATION OF ESTIMATED COSTS FOR ELECTION The Estimated Costs of Election set forth in the attached Exhibit A3 may be modified once a year, upon agreement of both the Elections Office and each contracting Entity. Signatures of the Elections Office Administrator and the Entity Official on the modified costs shall evidence such modification. XX. Each contracting Entity agrees to jointly hold an election, if necessary, with another contracting Entity such as City, School, Hospital, etc. XXI. Each person signing below acknowledges his or her signature as acting on behalf of the Entity they represent. XXII. If a contracting Entity certifies its election in accordance with §2.051, 2.052, and 2.053 of the Texas Election Code, it may withdraw from this contract by informing the Elections Office in writing. IN WITNESS WHEREOF, the parties hereto have made and entered into this Agreement this daYof..................................................�___...................e� 2024,. COUNTY OF LAMAR Tricia Johnson, Lamar County Elections Administrator CITY OF PARIS Grayson Path, City Manager City of Paris, Texas 0 EXHIBIT Al Functions Delegated to the Lamar County Elections Administrator 1. Arrange for the notification, including writs of Election, training, and compensation for all presiding judges, alternate judges and clerks. 2. Provide training of all election workers and personnel. 3. Provide training materials for each election worker. 4. The Elections Administrator will be responsible for notifying each election judge and alternate judge of his or her appointment and for determining the number of clerks or other election workers authorized to work at each voting location. 5. Arrange for the use and compensation of polling locations. 6. Pay cost of election judges and clerks: Each election judge and clerk will receive $12.00 per hour (for a maximum of 14 hours). The election judge or his or her designated clerk will receive an additional $25.00 for delivering election returns and supplies to the Elections Administrator's Office after the polls close (See attached Estimated Costs for Election). 7. Procure, prepare, proof and distribute ballots. (See attached Estimated Costs for Election). 8. Procure, prepare and distribute election judge kits. (See attached Estimated Costs for Election). 9. Prepare the list of registered voters to be used in conducting the election at no cost. 10. Conduct the testing of the electronic tabulation equipment. 11. Supervise the handling and disposition of election returns, voted ballots, and tabulate unofficial returns and assist in preparing the tabulation for the official canvass. 12. Provide at no cost for the storage of election records as provided by law. 13. Provide, at no cost, copies of all invoices received by the Elections Administrator's Office for payment of services or supplies of which each contracting Jurisdiction, as applicable, is to reimburse the Elections Office for payment. 14. Supervise the conduct of early voting in person and by mail and supply personnel to serve as deputy early voting clerks. (See attached Estimated Costs for Elections). 15. All requests for early voting ballots by mail that are received by each contracting Jurisdiction will be transported by the Jurisdiction on the day of receipt to the Elections Office for processing. Persons voting by mail will send their marked ballots to the Elections Office. (See attached Estimated Costs for Election). 16. An Early Voting Ballot Board appointed by the Elections Office will prepare all early voting ballots (those cast by mail and those cast by personal appearance) for count. (See attached Estimated Costs for Elections). 17. Hire and train early voting ballot board central count personnel. 18. The Elections Office will be responsible for payment to all parties who have provided services, supplies and voting locations for the election. A contracting Jurisdiction shall not be liable to any third parties by default of the Elections Office in connection with holding the election, including failure by Lamar County or its Elections Office to pay for services, supplies and voting locations for this election. 19. The Elections Administrator's Office will set the dates for early voting to be open on Monday, April 22, 2024, and continue through Tuesday April 30, 2024, during 10 normal business hours of 8:00 a.m. until 5:00 p.m. 20. The Elections Office will be responsible for delivering and picking up voting equipment. 21. The Elections Office will be responsible for the handling of mail in ballots. 22. The Elections Office will be responsible for tabulating votes. 23. The Elections Office will be responsible for programming ballots. 24. The Elections Office will be responsible for providing phone bank workers (early voting and Election Day). 25. The Elections Office will be responsible for programming and predefining early voting and Election Day equipment. 26. The Elections Office will be responsible for Logic and Accuracy Testing. 27. The Elections Office will be responsible for Public Testing. 28. The Elections Office will be responsible for compiling and mailing writs and orders of the election to the Presiding Judge and Alternate Judge of each precinct. 29. The Elections Administrator will prepare the unofficial tabulation report after all precincts have been counted, and will provide a report to each Jurisdiction as soon as possible after all returns have been tabulated either by e-mail or by phone, as agreed by each Jurisdiction. Each Jurisdiction will be responsible for the official canvass of its Elections. (See attached Estimated Costs for Election). 30. Will provide an ADA compliant facility. 11 EXHIBIT A2 Functions Reserved to the Entity. 1. Accept valid applications. 2. Will provide Candidate Names and/or and Measures for ballot. 3. Will provide order of Candidates and/or Measures. 4. Will provide an ADA compliant facility. 5. Will publish all legal notices and documents that are required by law. 6. Preparation of election orders, resolutions, notices and other pertinent documents for adoption or execution by the appropriate office or body. 7. Posting or publication of election notices. 8. Deliver to the Elections Office as soon as possible, but no later than three (3) days after closing of candidate filing deadline, the official wording for the election that is to be printed on the ballot with the exact form, candidate order, wording and spelling that is to be used. 9. Pay any additional costs incurred by the Elections Office if a recount for the election is required, or the election is contested in any manner by a contracting Jurisdiction as applicable. 10. Provide services as listed in Sec. 31.096 of the Texas Election Code. (Accept applications from candidates). 11. Provide to the Elections Office a copy of the election notices and orders. 12. Provide to the Secretary of State a precinct -by -precinct report of the election returns in an electronic format. 12 EXHIBIT _A3 CITY OF PARIS - 2024 GENERAL ELECTION CONTRACT SERVICES ESTIMATE .............. _. � ........��.�. DESCRIPTION ....�� AMOUNT _ �....... ...... NOTES BALLOT PRINTING _...... m... _ --- __ nn$.��..995.60 ... ..... _......____ _ _...._.� ..... .............._ 1200 BALLOTS - m� ........ ......$1,825.10.... PROGRAMMING ...... ....... .. PUBLICATIONS �......._.� $ _.50.00 ...... MACHINE _. mm........ TESTING PUBLICATION ELECTION KITS $ 1 10.00.... __ 1 EV KIT ... .. �.. ... __ �.,_..,...... m __ IED KIT RENTAL OF COUNTY EQUIPMENT $1,800.00 EARLY VOTING: $200/DAY _ ---- ._..... .......... ELECTION DAY $200/LOCATION EARLY VOTING CLERKS $1,680.00 2 CLERKS X $12.00/HR X 70 HOURS ELECTION DAY JUDGE & CLERKS ....-,...... $ 840.00 1 JUDGE, 4 CLERKS X $12.00/HR X 14HOURS _ FEE FOR DELIVERY OF SUPPLIES $ 25.00..... �� 1 JUDGE DG E X -.... $25.00 CENTRAL COUNTING STATION $ 384.00 _ 2 CLERKS X $12.00/HR X 16 HOURS _ EARLY VOTING BALLOT BOARD $ 108.00 ... 1 JUDGE, 2 CLERKS X $12.00/HR X 3 HOURS LATE & PROVISIONAL BALLOT $ 36.00 m..... 1 JUDGE, 2 CLERKS X $12.00/HR BOARDX .,.,.,., __......... m. m.mm . .......- -. 1 HOUR MIBC __ ............. - ........ m, ...-.-...�_.. ..... CONTRACTADMIN FEE (10%) mmmm.� ....................... $ 785.37 _.. - � . TOTAL $8,639.07 13 Item No. 13 Memorandum TO: Mayor, Mayor Pro -Tem & City Council Grayson Path, City Manager FROM: Janice Ellis, City Clerk SUBJECT: CONTRACT FOR ELECTION SERVICES DATE: January 22, 2024 BACKGROUND: Contracting with the County Elections Administrator allows the City to share the costs of conducting elections with other jurisdictions. These costs include election workers and the direct recording devices. Pursuant to Federal Law, every polling place is required to have a DRE in order to be compliant with the Help America Vote Act. In September of 2008, Lamar County created a county elections administrator, making it possible to combine polling places and resources. STATUS OF ISSUE: The City of Paris has been contracting with the Lamar County Elections Administrator since 2009. Combining polling places and resources was a part of the City's proposed strategic plan and that goal was achieved in May 2013. BUDGET: The estimate for election services is $8,639.07 for the general election, but that amount will decrease if either PISD or NLISD has an election. The City has 8,800.00 budgeted for elections. RECOMMENDATION: Approve a Resolution contracting with the County Elections Administrator for the general election for May 4, 2024. A copy of the contract is attached to the resolution ordering the election. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING AND APPROVING A CONTRACT BETWEEN THE CITY OF PARIS AND THE LAMAR COUNTY ELECTIONS ADMINISTRATOR TO ASSIST, COORDINATE, SUPERVISE, AND HANDLE CERTAIN ASPECTS OF ADMINISTERING THE GENERAL ELECTION FOR MAY 4, 2024, FOR THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, in September 2008, Lamar County created a County Elections Administrator to run elections for the County and any other local governmental entities requiring election administration services; and, WHEREAS, the City of Paris determined that contracting with the County Elections Administrator would allow for combined polling places and shared expenses of holding the May 5, 2018 General Election; and, WHEREAS, the City Clerk of the City of Paris recommends that the City renew its contract with the County Elections Administrator to assist, coordinate, supervise and handle certain aspects of administering the General Election for May 4, 2024 for the City of Paris; and, WHEREAS, the form of the contract for such services attached hereto as E&hibit A should in all things be approved, and the City Manager should be authorized to execute the same. 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 of this resolution are hereby in all things approved. Section 2. That the Contract for Elections Services with the Lamar County Elections Administrator is hereby approved conditioned upon said County Elections Administrator meeting, all of the terms and conditions included in the agreement attached hereto as Exhibit A. Section 3. That the City Manager of the City of Paris be, and he is hereby authorized and directed to execute on behalf of the City of Paris a Contract with the Lamar County Elections Administrator to assist, coordinate, supervise and handle certain aspects of administering the General Election for May 4, 2024 for the City of Paris substantially in accordance with the Agreement attached hereto as Exhibit A. Section 4. That this resolution shall be effective from and after the date of passage. PASSED AND APPROVED this 22nd day of January, 2024. Reginald B. Hughes, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney THE STATE OF TEXAS § COUNTY OF LAMAR § CONTRACT FOR ELECTION SERVICES BETWEEN THE LAMAR COUNTY ELECTIONS ADMINISTATOR'S OFFICE AND THE CITY OF PARIS. THIS CONTRACT made by and between Lamar County, Texas, acting by and through Tricia Johnson, Lamar County Elections Administrator, hereinafter referred to as "The Elections Administrator" and THE CITY OF PARIS, a governmental entity organized under the laws of the State of Texas, hereinafter referred to as the "Entity" and by the authority of Section 31.092(a) of the Texas Election Code for the conduct and supervision of the Entity's May 4, 2024 General Election for the election of its officers. RECITALS The Entity is holding an election for the purpose of selection of certain elected officers of the Entity (at the expense of the Entity) on May 4, 2024. The election precincts of the Entity, which lie within the jurisdictional limits of Lamar County (the "County"), have been established and may be re-established by the Entity as its election precincts pursuant to Section 42.061 of the Texas Election Code. The County owns a direct recording electronic voting system which has been duly approved by the Secretary of State pursuant to Texas Election Code Chapter 122 as amended, and the Entity desires to use the County's electronic voting system in its election and to compensate the County for such use. NOW THEREFORE, in consideration of the mutual covenants, agreements, and benefits to the parties, IT IS AGREED as follows: I. ADMINISTRATION The Lamar County Elections Administrator shall assist, coordinate, supervise, and handle all aspects of administering the election as provided in this Contract in a manner consistent with all relevant laws, codes, rules and regulations, including, without limitations, those functions set forth in Exhibit Al. The Entity agrees to pay Lamar County Elections Administrator for equipment, supplies, services, and administrative costs as provided in this Contract. The Lamar County Elections Administrator shall serve as the administrator for the election; however, the Entity shall remain responsible for the lawful conduct of its election including, without limitation, those functions reserved to the Entity and set forth in Exhibit A2 and any functions which cannot be lawfully delegated to the Lamar County Elections Administrator. The Elections Administrator shall provide advisory services in connection with decisions to be made and actions to be taken by the officers of the Entity; however it shall be the responsibility of the 1 Entity to obtain whatever legal opinions it deems necessary, from the Entity's chosen legal counsel and at the Entity's sole cost and expense. The Lamar County Elections Administrator will not provide legal advice to the Entity. II. LEGAL DOCUMENTS The Entity shall be responsible for the preparation, adoption, and publication of all required election orders, resolutions, notices, and any other pertinent documents required by the Texas Election Code, including the language of the official ballot. The Entity shall provide a copy of its election order and notice to the Lamar County Elections Administrator not later than sixty (60) days before the election, as provided for by Section 4.008 of the Texas Election Code. III. VOTING LOCATIONS It is agreed that Election Day voting shall be held at the locations shown in the Election Order and Notice duly adopted by the Entity. In the event that any of these voting locations are not available, the Elections Administrator will arrange for use of an alternate location with the approval of the Entity and at the Entity's expense. This Contract shall be deemed an agreement for a joint election with other governmental units in Lamar County holding an election on the same day in all or part of the same territory and whose governing bodies have authorized said joint election by order, resolution or other official action. IV. ELECTION JUDGES, CLERKS AND OTHER ELECTION PERSONNEL Lamar County shall be responsible for the initial selection of the presiding election judges, alternate election judges and election clerks for the Entity's election. The Elections Administrator shall provide to the Entity a list of presiding judges, alternate judges and clerks for its election who shall be appointed by the Entity as required by law. The Elections Administrator shall notify all election judges of the eligibility requirements of Subchapter C of Chapter 32 of the Texas Election Code, and will take the necessary steps to ensure that all election judges appointed for the Entity's election are eligible to serve. The Elections Administrator shall arrange for the training and compensation of all election judges and clerks. The Elections Administrator shall arrange for the date, time, and place for presiding election judges to pick up their election supplies. Each presiding election judge will be sent a letter (not later than the 15' day before election day, as required by Section 4.007 of the Texas Election Code) by the Elections Administrator notifying him of his appointment, the time and location of distribution of election supplies, and the number of election clerks that the presiding judge may appoint. PJ Each Presiding Election Judge and Election Clerk will receive $12.00 per hour for a maximum of 14 hours. The Presiding Election Judge or Election Clerk will receive an additional $25.00 as flat -rate compensation for delivering election returns and supplies to the Lamar County Elections Administrator's Office after the polls close. It is agreed by the Entity that at all times and for all purposes hereunder, all election judges, clerks, and all other employees involved in this election are independent Contractors and are not employees or agents of Lamar County or the Entity. No statement contained in this Contract shall be construed so as to find any judge, clerk, or any other election personnel an employee or agent of the County or the Entity, and all election personnel shall be entitled to none of the rights, privileges, or benefits of County employees or Entity employees except as otherwise may be stated herein, nor shall any election personnel hold himself out as an employee or agent of the County or the Entity, unless considered a County or Entity employee as determined by the policies of Lamar County or the Entity. V. SUPPLIES AND PRINTING The Elections Administrator shall arrange for the use of the direct recording electronic voting machines and supporting supplies and equipment and all other election supplies and related printing including, but not limited to, official ballots, sample ballots, ballot boxes, voter registration lists, and all forms, signs, maps and other materials used by the election workers at the Early Voting and Election Day voting locations. The Entity shall furnish to the Elections Administrator a list of candidates and/or propositions showing the order and the exact manner in which the names or proposition(s) are to appear on the official ballot. This list shall be delivered to the Elections Administrator as soon as possible after the Entity has determined ballot positions. The Entity shall be responsible for proofreading and approving the official ballot before printing as well as approving the ballot screen prompts and audio recordings for the Direct Recording Electronic voting devices. VI. EARLY VOTING The Entity agrees that the Election Administrator shall serve as the Early Voting Clerk in accordance with Section 31.097 of the Texas Election Code and agrees to designate the Office of the Elections Administrator as the main Early Voting polling location. The Entity also agrees that the Elections Administrator's permanent county employees, during regular office hours, shall serve as deputy early voting clerks, without additional compensation; and that the Elections Administrator may appoint other deputy early voting clerks to assist in the conduct of early voting as necessary. It is agreed that Early Voting by personal appearance will be held at the locations, times and days as determined by the Election Administrator. In the event that any of these voting locations are not available, the Elections Administrator will arrange for use of an alternate location with the approval of the Entity and at the Entity's expense. K As Early Voting Clerk, the Elections Administrator shall receive applications for early voting ballots to be voted by mail in accordance with Chapters 31 and 86 of the Texas Election Code. Any requests for early voting ballots to be voted by mail received by the Entity shall be forwarded immediately to the Elections Administrator for processing. Persons voting by mail will send their marked ballots to the Elections Administrator's Office. The Elections Administrator will be responsible for payment to all parties who have provided services, supplies and voting locations for the election. A contracting Entity shall not be liable to any third party by default of the Elections Administrator's Office in connection with holding the election, including failure by Lamar County or its Elections Administrator's Office to pay for services, supplies and voting locations for this election. Early voting by personal appearance by qualified voters will be conducted at the Lamar County Courthouse Annex, 231 Lamar Avenue, Paris, Texas. Early voting by personal appearance for the May 4, 2024 General Election will be conducted by the Lamar County Elections Administrator beginning on Monday, April 22, 2024, and continue through Tuesday April 30, 2024, during normal business hours of 8:00 a.m. until 5:00 p.m. VII. EARLY VOTING BALLOT BOARD An Early Voting Ballot Board shall be created to process early voting results from the Entity's election. The Elections Administrator shall appoint the Presiding Judge of the Early Voting Ballot Board. The Presiding Judge, with the assistance of the Elections Administrator, shall appoint two or more additional members to constitute the Early Voting Ballot Board members to efficiently process the early voting ballots. VIII. CENTRAL COUNTING STATION AND ELECTION RETURNS The Elections Administrator shall be responsible for establishing and operating the central counting station to receive and tabulate the voted ballots in accordance with the provisions of the Texas Election Code and of this Contract. The Entity hereby appoints the following central counting station officials in accordance with Sections 127.002 and 127.005 of the Texas Election Code: Counting Station Manager: Tricia Johnson, Elections Administrator Tabulation Supervisor: Tricia Johnson, Elections Administrator Presiding Judge: Tricia Johnson, Elections Administrator The Elections Administrator or his representative shall deliver timely cumulative reports of the election results as precincts report to the central counting station and are tabulated. The Election Administrator shall be responsible for providing cumulative totals and precinct returns from the election to the Entity, prior to releasing the information to the candidates, press, or general public, by distribution of hard copies at the Central Counting Station or electronic transmittals by facsimile (when so requested.) El IX. ELECTION RESULTS The Elections Administrator will prepare the unofficial canvass reports after all ballots have been counted and will deliver a copy of the unofficial canvass to the Entity as soon as possible after all returns have been tabulated, but in no event later than 5:00 p.m. of the seventh day following the election date. The Entity shall be responsible for the official canvass of its election. The Elections Administrator shall be responsible for conducting the post-election manual recount required by Section 127.201 of the Texas Election Code unless a waiver is granted by the Secretary of State. Notification and copies of the recount, if waiver is denied, will be provided to the Entity and the Secretary of State's Office. X. ELECTION EXPENSE AND ALLOCATION OF COSTS The Entity agrees to reimburse Lamar County for the actual costs of administering its election including, but not limited to, the actual costs of supplies, printing, programming, personnel, and polling place rental fees. The Entity agrees to reimburse Lamar County for overtime wages and benefits paid to the permanent employees of The Elections Administrator for Contractual duties performed outside the normal business hours of Lamar County in accordance with Section 31.100(e) of the Texas Election Code. The Entity further agrees to pay Lamar County an administrative fee equal to ten percent (10%) of its total billable costs in accordance with Section 31.100(d) of the Texas Election Code. The fee may not be less than $75.00. XI. TERMINATION The Elections Administrator's Office and each contracting Entity each have the right to terminate this agreement at any time upon written notice to the other party with payment of all outstanding bills for election services incurred prior to the date of the notice. In no case will a contract be terminated less than forty-five (45) days prior to an election or after receipt of the below mentioned partial payment as discussed in paragraph XVII. XII. WITHDRAWAL FROM CONTRACT DUE TO CANCELLATION OF ELECTION The Entity may withdraw from this Contract should it cancel its election in accordance with Sections 2.051 - 2.053 of the Texas Election Code. XIII. RECORDS OF THE ELECTION The Elections Administrator is hereby appointed general custodian of the voted ballots and all records of the election as authorized by Section 31.096 of the Texas Election Code. Access to the election records shall be available to the Entity as well as to the public in accordance with applicable provisions of the Texas Election Code and the Texas Public 5 Information Act. The election records shall be stored at the offices of the Elections Administrator, who shall ensure that the records are maintained in an orderly manner so that the records are clearly identifiable and retrievable. Records of the election shall be retained and disposed of in accordance with the provisions of Section 66.058 of the Texas Election Code. If records of the election are involved in any pending election contest, investigation, litigation, or open records request, the Elections Administrator shall maintain the records until final resolution or until final judgment, whichever is applicable. It is the responsibility of the Entity to bring to the attention of the Elections Administrator any notice of pending election contest, investigation, litigation or open records request which may be filed with the Entity. The Elections Administrator shall notify the Entity of the planned destruction of any records of the election prior to the record's destruction. XIV. SPECIAL ELECTIONS The Entity understands and agrees that the cost estimates provided within this contract are for the Entity's general election and that any special election(s) called may increase the cost of the election. XV. RECOUNTS A recount may be obtained as provided by Title 13 of the Texas Election Code. The Entity agrees that any recount shall take place at the offices of the Elections Administrator, and that the Elections Administrator shall serve as Recount Supervisor and the official of the Entity performing the duties of a secretary under the Texas Election Code, or its lawful designee, shall serve as Recount Coordinator. The Elections Administrator agrees to provide advisory services to the Entity as necessary to conduct a proper recount. XVI. COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT The Elections Administrator will assist the Entity in securing adequate polling places, rent free if available; however, it is the responsibility of the Entity to ensure that the polling places comply with current accessibility standards as set forth in the Americans With Disabilities Act and any state or local laws or ordinances. Accessibility compliance shall be at the Entity's expense. In the event that compliance cannot be achieved, the Entity agrees to indemnify the Elections Administrator and Lamar County, Texas from any resulting liability, whether civil or criminal. XVII. MISCELLANEOUS PROVISIONS A. It is understood that to the extent space is available, that other political subdivisions may wish to participate in the use of the County's election equipment, and it is agreed that the Elections Administrator may contract with such other political subdivisions for such purposes and that in such event there may be an adjustment of C the pro -rata share to be paid to the County by the participating authorities. B. The Elections Administrator shall file copies of this document with the Lamar County Treasurer and the Lamar County Auditor in accordance with Section 31.099 of the Texas Elections Code. C. In the event that legal action is filed challenging the Entity's election, each party hereto shall defend its own actions, officials and employees. Provided, however, if it is determined that the legal action brought against Lamar County or the Lamar County Elections Administrator or any additional election personnel, is based solely on the negligent acts or the wrongful intentional actions of the entity, then the Entity shall provide, at its own expense, legal representation for the County, the Elections Administrator, and additional election personnel as necessary save and except in any instance whereby an unlawful or otherwise improper act or omission of the County, the Election Administrator or another Entity participating in the election has precipitated such legal action. D. The County and the Entity agree that under the Constitution and laws of the State of Texas, neither the County nor the Entity can enter into an agreement whereby either parry agrees to indemnify or hold harmless another party; therefore, all references of any kind, if any, to indemnifying or holding or saving harmless for any reason are hereby deleted. E. This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Lamar County, Texas. F. In the event one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. G. All parties shall comply with all applicable laws, ordinances, and codes of the State of Texas, all local governments, and any other entities with local jurisdiction. H. The waiver by any party of a breach of any provision of this Contract shall not operate as or be construed as a waiver of any subsequent breach. I. Any amendment of this Contract shall be of no effect unless in writing and signed by all parties hereto. 7 XVIII. COST ESTIMATES AND DEPOSIT OF FUNDS The estimated cost for such services will be computed by the Elections Administrator and delivered to each contracting Entity within sixty (60) days prior to the election. Each contracting Entity shall pay the Elections Administrator twenty-five (25) percent of the total cost within ten (10) days after ordering the election, and no later than forty-five (45) days prior to the election, as partial payment for contract election services. After the date of the election and completion of all duties required by the Elections Administrator, the Elections Administrator shall then compute the final statement for all services rendered, together with administrative fees, less any partial payments and bill each contracting Entity, as applicable, such sum. Each contracting Entity shall be responsible for paying this amount within thirty (30) days from the date of billing. It is understood by the Entity that the actual expenses for this election may exceed the estimate. It is further understood by the Entity that this estimate is based on the participation of other Entities in this election. If one or more of these other Entities chooses not to participate, or if it cancels its election as allowed by law, its share of the total election expenses will be distributed among the other participating Entities. In the event that the Entity disputes any portion of the charges, fees or costs payable under this Contract, the Entity agrees to promptly pay the undisputed amounts when due. XIX. MODIFICATION OF ESTIMATED COSTS FOR ELECTION The Estimated Costs of Election set forth in the attached Exhibit A3 may be modified once a year, upon agreement of both the Elections Office and each contracting Entity. Signatures of the Elections Office Administrator and the Entity Official on the modified costs shall evidence such modification. XX. Each contracting Entity agrees to jointly hold an election, if necessary, with another contracting Entity such as City, School, Hospital, etc. XXI. Each person signing below acknowledges his or her signature as acting on behalf of the Entity they represent. XXII. If a contracting Entity certifies its election in accordance with §2.051, 2.052, and 2.053 of the Texas Election Code, it may withdraw from this contract by informing the Elections Office in writing. IN WITNESS WHEREOF, the parties hereto have made and entered into this Agreement this ........daY of . — 2024, COUNTY OF LAMAR Tricia Johnson, Lamar County Elections Administrator CITY OF PARIS Grayson Path, City Manager City of Paris, Texas 9 EXHIBIT Al Functions Delegated to the Lamar County Elections Administrator 1. Arrange for the notification, including writs of Election, training, and compensation for all presiding judges, alternate judges and clerks. 2. Provide training of all election workers and personnel. 3. Provide training materials for each election worker. 4. The Elections Administrator will be responsible for notifying each election judge and alternate judge of his or her appointment and for determining the number of clerks or other election workers authorized to work at each voting location. 5. Arrange for the use and compensation of polling locations. 6. Pay cost of election judges and clerks: Each election judge and clerk will receive $12.00 per hour (for a maximum of 14 hours). The election judge or his or her designated clerk will receive an additional2$ 5.00 for delivering election returns and supplies to the Elections Administrator's Office after the polls close (See attached Estimated Costs for Election). 7. Procure, prepare, proof and distribute ballots. (See attached Estimated Costs for Election). 8. Procure, prepare and distribute election judge kits. (See attached Estimated Costs for Election). 9. Prepare the list of registered voters to be used in conducting the election at no cost. 10. Conduct the testing of the electronic tabulation equipment. 11. Supervise the handling and disposition of election returns, voted ballots, and tabulate unofficial returns and assist in preparing the tabulation for the official canvass. 12. Provide at no cost for the storage of election records as provided by law. 13. Provide, at no cost, copies of all invoices received by the Elections Administrator's Office for payment of services or supplies of which each contracting Jurisdiction, as applicable, is to reimburse the Elections Office for payment. 14. Supervise the conduct of early voting in person and by mail and supply personnel to serve as deputy early voting clerks. (See attached Estimated Costs for Elections). 15. All requests for early voting ballots by mail that are received by each contracting Jurisdiction will be transported by the Jurisdiction on the day of receipt to the Elections Office for processing. Persons voting by mail will send their marked ballots to the Elections Office. (See attached Estimated Costs for Election). 16. An Early Voting Ballot Board appointed by the Elections Office will prepare all early voting ballots (those cast by mail and those cast by personal appearance) for count. (See attached Estimated Costs for Elections). 17. Hire and train early voting ballot board central count personnel. 18. The Elections Office will be responsible for payment to all parties who have provided services, supplies and voting locations for the election. A contracting Jurisdiction shall not be liable to any third parties by default of the Elections Office in connection with holding the election, including failure by Lamar County or its Elections Office to pay for services, supplies and voting locations for this election. 19. The Elections Administrator's Office will set the dates for early voting to be open on Monday, April 22, 2024, and continue through Tuesday April 30, 2024, during 10 normal business hours of 8:00 a.m. until 5:00 p.m. 20. The Elections Office will be responsible for delivering and picking up voting equipment. 21. The Elections Office will be responsible for the handling of mail in ballots. 22. The Elections Office will be responsible for tabulating votes. 23. The Elections Office will be responsible for programming ballots. 24. The Elections Office will be responsible for providing phone bank workers (early voting and Election Day). 25. The Elections Office will be responsible for programming and predefining early voting and Election Day equipment. 26. The Elections Office will be responsible for Logic and Accuracy Testing. 27. The Elections Office will be responsible for Public Testing. 28. The Elections Office will be responsible for compiling and mailing writs and orders of the election to the Presiding Judge and Alternate Judge of each precinct. 29. The Elections Administrator will prepare the unofficial tabulation report after all precincts have been counted, and will provide a report to each Jurisdiction as soon as possible after all returns have been tabulated either by e-mail or by phone, as agreed by each Jurisdiction. Each Jurisdiction will be responsible for the official canvass of its Elections. (See attached Estimated Costs for Election). 30. Will provide an ADA compliant facility. 11 EXHIBIT A2 Functions Reserved to the Entity. 1. Accept valid applications. 2. Will provide Candidate Names and/or and Measures for ballot. 3. Will provide order of Candidates and/or Measures. 4. Will provide an ADA compliant facility. 5. Will publish all legal notices and documents that are required by law. 6. Preparation of election orders, resolutions, notices and other pertinent documents for adoption or execution by the appropriate office or body. 7. Posting or publication of election notices. 8. Deliver to the Elections Office as soon as possible, but no later than three (3) days after closing of candidate filing deadline, the official wording for the election that is to be printed on the ballot with the exact form, candidate order, wording and spelling that is to be used. 9. Pay any additional costs incurred by the Elections Office if a recount for the election is required, or the election is contested in any manner by a contracting Jurisdiction as applicable. 10. Provide services as listed in Sec. 31.096 of the Texas Election Code. (Accept applications from candidates). 11. Provide to the Elections Office a copy of the election notices and orders. 12. Provide to the Secretary of State a precinct -by -precinct report of the election returns in an electronic format. 12 EXHIBIT A3 CITY OF PARIS - 2024 GENERAL ELECTION CONTRACT SERVICES ESTIMATE DESCRIPTION .......... AMOUNT ,........... ......... �...... OTES �� BALLOT PRINTING $ 995.60 _ ........ � _.m........ 1200 BALLOTS PROGRAM..... ...... MING _,, ... ._� $1,825.10 .... m..r..... PUBLICATIONS .................. $ 50.00 MACHINE TESTING PUBLICATION ........ ELECTION KITS .. .. .. $ 110.00 ,.... ,.._..m ...�.. 1 EV KIT, 1ED KIT_ RENTAL OF COUNTY EQUIPMENT $1,800.00 ..... ........ _ EARLY VOTING: $200/DAY ELECTION DAY: $200/LOCATION EARLY VOTING CLERKS $1,680.00 2 CLERKS X $12.00/HR X 70 HOURS ELECTION DAY JUDGE & CLERKS $ 840.00 ............. 1 JUDGE, 4 CLERKS X $12.00/HR X-1.4 HOURS ..... ........ _..FEE FOR DELIVERY (VERY OF SUPPLIES __........ $ 25.00 .... �._.��.�._..... _ __ ,._,� .... 1 JUDGE X $25.00 .CENTRAL COUNTING STATION _... ... $ 384.00 2 CLERKS X $12.00/HR X 16 HOURS ........� EARLY VOTING BALLOT BOARD $ 108.00 1 JUDGE, 2 CLERKS X $12.00/HR X 3 HOURS .LATE & PROVISIONAL BALLOT $ 36.00 _ 1 JUDGE, 2 CLERKS X $12.00/HR BOARD ...............----- ........... , __, ____ X 1 HOUR MISC .................m.. ....... ........ (10%) CONTRACT ADM IN ( FEE $ 785.37 ...... ..........___ TOTAL $8,639.07 13 Item Nos. 14 & 15 TO: Mayor, Mayor Pro -Tem & City Council Grayson Path, City Manager FROM: Janice Ellis, City Clerk SUBJECT: JOINT ELECTION AGREEMENTS WITH PISD & NLISD DATE: January 22, 2024 BACKGROUND: Section 11.0581 of the Texas Education Code requires that the Paris Independent School District hold elections on the same date as municipal or county elections. Chapter 271 of the Texas Election Code requires such election shall be held as a joint election. STATUS OF ISSUE: Paris Independent School District & North Lamar Independent School District have elected to hold their Board of Trustee members' election and on the same date as the City of Paris' general election. BUDGET: The estimate provided by the County Elections Administrator for election services is $8,639.07 for the general election, but this amount will decrease should an election be conducted for one or both of the school districts on the same date. RECOMMENDATION: Approve a Resolution for each of the school districts authorizing a Joint Election Agreement with the City of Paris. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING A JOINT ELECTION AGREEMENT BETWEEN THE CITY OF PARIS AND PARIS INDEPENDENT SCHOOL DISTRICT FOR THE MAY 4, 2024 ELECTION DATE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 11.0581 of the Texas Education Code requires that the Paris Independent School District must hold elections for Board of Trustee members on the same day as municipal or county elections; and, WHEREAS, elections held on the same day as provided by Section 11.0581 of the Texas Education Code shall be held as a joint election under Chapter 271 of the Texas Election Code; and, WHEREAS, schools must coordinate with their cities and have the same polling location(s) for both jurisdictions as consistent with Section 271.003(b), Election Code; 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. In accordance with Section 11.0581 of the Texas Education Code and Chapter 271 of the Texas Election Code, the Paris Independent School District will hold its Board of Trustee elections on the same day and location(s) as the City of Paris as set forth in the Joint Election Agreement and attached hereto as Exhibit A and incorporated by reference herein for all purposes. Section 3. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED by the City Council of the City of Paris in its regular meeting, at the City Hall of said City, on this 22nd day of January, 2024. Reginald B. Hughes, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney JOINT ELECTION AGREEMENT between The Paris Independent School District (the District) and The City of Paris, Texas (the City) BY THE TERMS OF THIS AGREEMENT, the District and the City do hereby agree, pursuant to the provisions of Section 11.0581 of the Texas Education Code and Chapter 271, Texas Election Code, to hold a joint election on the uniform election date required to be held on Saturday, May 4, 2024. The District (Places 1 and 6) and the City (Districts 1, 2, 3, and 6) agree to share the Lamar County Courthouse Annex (County Services Building), 231 Lamar Avenue, Paris, Texas 75460, as the common polling location on election day. The District and the City will hold early voting at the Lamar County Courthouse Annex (County Services Building), 231 Lamar Avenue, Paris, Texas 75460. Both entities have contracted with Lamar County to provide electronic voting equipment that meets the requirements of the Texas Election Code and the federal Help America Vote Act, the ES&S AutoMARK machines, to be utilized at the polling site. The District and the City will share election judges and clerks and will equally share responsibility for compensation of election officers. All entities will share electronic voting machines as previously detailed. Both entities will share election supplies and associated cost. The District and the City name the Lamar County Elections Administrator as the custodian of election records in the elections services contract. The District and the City shall be separately responsible for their own election orders, resolutions, notices, justice department submissions, official canvass and other necessary documents for adoption by the appropriate board or council. APPROVED BY THE TRUSTEES OF THE PARIS INDEPENDENT SCHOOL DISTRICT in its meeting held the 22nd day of January 2024, and executed by its authorized representatives. BY _...... ..... ........ ..... Attest: Name: Name: Title : Title: APPROVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS in its meeting held the 22nd day of January, 2024, and executed by its authorized representatives. By: Attest: Name: Name: Title : Title: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING A JOINT ELECTION AGREEMENT BETWEEN THE CITY OF PARIS AND NORTH LAMAR INDEPENDENT SCHOOL DISTRICT FOR THE MAY 4, 2023, ELECTION DATE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 11.0581 of the Texas Education Code requires that the North Lamar Independent School District must hold elections for Board of Trustee members on the same day as municipal or county elections; and, WHEREAS, elections held on the same day as provided by Section 11.0581 of the Texas Education Code shall be held as a joint election under Chapter 271 of the Texas Election Code; and, WHEREAS, schools must coordinate with their cities and have the same polling location(s) for both jurisdictions as consistent with Section 271.003(b), Election Code; 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. In accordance with Section 11.0581 of the Texas Education Code and Chapter 271 of the Texas Election Code, the North Lamar Independent School District will hold its Board of Trustee elections on the same day and location(s) as the City of Paris as set forth in the Joint Election Agreement and attached hereto as Exhibit "A" and incorporated by reference herein for all purposes. Section 3. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED by the City Council of the City of Paris in its regular meeting, at the City Hall of said City, on this 22nd day of January, 2024. Reginald B. Hughes, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney JOINT ELECTION AGREEMENT between North Lamar Independent School District (the District) and The City of Paris, Texas (the City) BY THE TERMS OF THIS AGREEMENT, the District and the City do hereby agree, pursuant to the provisions of Section 11.0581 of the Texas Education Code and Chapter 271, Texas Election Code, to hold a joint election on the uniform election date required to be held on Saturday, May 4, 2024. The District and the City (Districts 1, 2, 3 & 6) agree to share the Lamar County Courthouse Annex (County Services Building), 231 Lamar Avenue, Paris, Texas 75460, as the common polling location on election day. The District and the City will hold early voting at the Lamar County Courthouse Annex (County Services Building), 231 Lamar Avenue, Paris, Texas 75460. Both entities have contracted with Lamar County to provide electronic voting equipment that meets the requirements of the Texas Election Code and the federal Help America Vote Act, the ES&S AutoMARK machines, to be utilized at the polling site. The District and the City will share election judges and clerks and will equally share responsibility for compensation of election officers. All entities will share electronic voting machines as previously detailed. Both entities will share election supplies and associated cost. The District and the City name the Lamar County Elections Administrator as the custodian of election records in the elections services contract. The District and the City shall be separately responsible for their own election orders, resolutions, notices, justice department submissions, official canvass and other necessary documents for adoption by the appropriate board or council. APPROVED BY THE TRUSTEES OF THE DISTRICT in its meeting held the day of representatives. BY .............................. Attest: Name: Name: Title : Title: NORTH LAMAR INDEPENDENT SCHOOL 2024, and executed by its authorized APPROVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS in its meeting held the day of , 2024, and executed by its authorized representatives. By: n, Attest: Reginald B. Hughes Mayor Janice Ellis City Clerk Item No. 16 TO: Mayor, Mayor Pro Tem and City Council Grayson Path, City Manager FROM: Richard Salter Jr., Chief of Police SUBJECT: AMENDMENT NO.3 TO AGREEMENT FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN COMPUTER INFORMATION SYSTEMS, INC. (CIS) AND THE CITY OF PARIS. DATE: January 22, 2024 BACKGROUND: On August 27, 2007, the City of Paris and Computer Information Systems, Inc. (hereafter referred to as CIS) entered into an Agreement (Attached) to provide a Computer Aided Dispatch (CAD) System, Records Management System (RMS), Mobile Computer System (MCS) and Automatic Vehicle Location (AVL) System for the Paris Police Department (PPD). This Professional Services Contract was amended on April 29, 2010 and on June 13, 2019 (Attached). In August of 2008, the City of Paris also entered into a contract with Brazos Technology (Attached) to provide electronic ticket writers, maintenance and software support. While this contract included a provision that an interface be configured to send and store e -citation data to both the Municipal Court's Reporting System as well as the PPD's reporting system, the latter interface was never established. As a result, the Police Department has not retained or recorded its e -ticket data since 2008 when the Brazos System was established. The Brazos e -ticket Data was and is currently transmitted to and retained only by the Municipal Court's reporting system. The hardware (E - Ticket Writers) provided by Brazos are also obsolete and in need of replacement. STATUS OF ISSUE: In an effort to provide the best value for the City of Paris, the PPD identified and proposed a "Saltus Technologies" Digi -Ticket E -Citation System (Attached) as a replacement to the obsolete Brazos E -Ticket System currently in use by the Paris Police Department. Specifically, Saltus is the only E -Ticket System that has a data interface with the existing Paris Police Department's Reporting Management System provided by CIS, thus meeting any applicable sole -source procurement requirements. Otherwise, the City would have to replace its Reporting Management System to go with another vendor for E -Ticket System. CIS will act as Agent on behalf of Saltus Technologies to provide the Digi -Ticket System to the Paris Police Department by way of a Change Order / Contract Amendment No.3 to the current CIS Contract, in accordance with Local Government Code Chapter 252.048. All financial transactions for the Saltus Digi -Ticket System will be between the City of Paris and CIS. BUDGET: The funding for this project was appropriated by the Governing Body in the FY23/24 Budget under line item 04-0209-31-00 with $72k budgeted using ARPA funds. OPTIONS: Approve Amendment No. 3 to the agreement for professional services with Computer Information Systems in the amount of $71,294.66, for the incorporation of a new E -Ticket Writing System which includes but is not limited to new E -Ticket Writing hardware, software, digital interfaces to both the Police Department's and Municipal Court's report management databases, maintenance and support. 2. Deny the request for Amendment No. 3 to the agreement for professional services with CIS. RECOMMENDATION: 1. Approve Amendment No. 3 to the agreement for professional services with CIS, in the amount of $71,294.66, for procurement of the Saltus E -Ticket System through a contractual Amendment No.3 with CIS, and authorize the City Manager to sign the agreement. CITY OF PARIS, TEXAS 12/01/2023 PROFESSIONAL SERVICES AGREEMENT NR. 345 PROFESSIONAL SERVICES AMENDMENT NR. 03 TO LICENSE AGREEMENT 345 ("AGREEMENT") BETWEEN COMPUTER INFORMATION SYSTEMS, INC. AND CITY OF PARIS, TEXAS This Professional Services Amendment Nr. 03, hereinafter called "Amendment Nr. 03" is between Computer Information Systems, Inc., hereinafter called "CIS" and the City of Paris, Texas hereinafter called the "City" or "User". CIS and the City shall also be referred to individually as the "Party" and collectively as the "Parties WHEREAS, the City and CIS entered into the Agreement on August 27, 2007 to provide a Computer Aided Dispatch ("CAD") System, Records Management System ("RMS"), Mobile Computer System ("MCS") and Automatic Vehicle Location ("AVL") System for the Paris Police Department ("PPD"); and WHEREAS, PPD requires an E -Citation System; and, WHEREAS, Saltus Technologies, LLC ("Saltus") proposed the digiTicket E -Citation System (`digiTicket System") to the City and the County has accepted said Proposal. WHEREAS, the City requested that CIS amend the Agreement to add the digiTicket System; and NOW, THEREFORE, the parties agree to the following: 1. CIS will act as Agent on behalf of the City to purchase the digiTicket System. 2. The following documents provided by Saltus are attached and incorporated herein: • Saltus 10 Unit Purchase Agreement for the Paris Police Department (Saltus Agreement") 3. The Saltus Agreement is attached hereto and incorporated herein as Exhibit 1. 4. The City agrees to pay CIS for the digiTicket System per the Payment Schedule detailed in Attachment Nr. 01 of this Amendment. 5. Saltus will be solely responsible for delivery and all software and related services as specified in Exhibit 1 hereto including but not limited to delivery of a License for digiTicket software to PPD, a fully executed copy of the License will be delivered to CIS. 6. The City agrees to the Terms and Conditions set forth in Exhibit 1 not in conflict with this Amendment, 7. The City agrees, upon delivery to PPD, title to and risk of loss for any delivered E -Citation manufacturer's warranty and maintenance and support provisions shall pass through to the City. CITY OF PARIS, TEXAS 12/01/2023 PROFESSIONAL SERVICES AGREEMENT NR. 345 8. It is understood and acknowledged by the User that CIS and Saltus are independent contractors acting separately under the terms and conditions of their separate contracts with the User for warranty and maintenance. 9. The duties and responsibilities of Saltus shall be performed by Saltus as an independent contractor. Saltus shall have full control of all of its acts, doings and proceedings relating to or requisite in connection with the discharge of its duties and responsibilities under this Amendment. 10. User agrees that acceptance shall be based solely on demonstration that upon installation, that the E -Citation System is operational in accordance with Exhibit 1. 11. User agrees that the sole warranty, maintenance and support provisions, if any for the hardware or software products detailed in this Amendment are the published warranty, maintenance and support provisions of Saltus and that there is no other warranty, maintenance or support conditions expressed or implied by CIS. 12. User understands and agrees that the applicable Saltus' warranty, and/or maintenance and support if any commences and terminates solely in accordance with Saltus' published specifications. The User is solely responsible for all warranty and/or maintenance and support renewals and all related costs directly with the applicable Supplier that is not scheduled and included in this Amendment. 13. User will pursue all E -Citation maintenance, support and warranty services, after delivery, acceptance and expiration, directly with Saltus. In the event of any dispute regarding Saltus' warranty, maintenance or support or any other claim regarding the delivered and accepted Network Technology, User agrees to pursue its resolution outside this Amendment directly with the Saltus. CIS can lend the User technical assistance with its dispute. 14. User agrees to pay CIS for the digiTicket System as detailed in Attachment Nr. 01 despite any problem outside this Amendment User has with CIS' performance under the Agreement as amended. 15. CIS and User agree that any dispute or course of action of this Amendment does not in any way affect the obligations of CIS or User under the Agreement. 16. All other terms and conditions of the Agreement as amended not in conflict with this Amendment shall apply to this Amendment including but not limited to the Agreement Paragraph B, Warranty; Paragraph C, Limitation of Liabilities; and Paragraph H.7, Venue and Jurisdiction. 17. In the event there is a dispute between the parties hereto with regard to any specifications, terms or conditions, the order of precedence shall be this Amendment Nr. 03, the Agreement as amended, Attachment Nr. 01, Exhibit 1, and lastly any resultant User Contract Documents. 2 CITY OF PARIS, TEXAS PROFESSIONAL SERVICES AGREEMENT NR. 345 COMPUTER INFORMATION SYSTEMS, INC. 14 SIGNATURE: dlj�l NAME: MICHAEL YEFSK W�r TITLE: PRESIDENT DATE: DECEMBER 1, 2023 12/01/2023 CITY OF PARIS, TEXAS SIGNATURE: NAME: TITLE: DATE: SIGNATURE: NAME: TITLE: DATE: Attachments: Attachment Nr. 01, Exhibit 1 M asters\Amendment\M aster Professional Services Amendment — Network Technology 3 CITY OF PARIS, TEXAS PROFESSIONAL SERVICES AGREEMENT NR. 345 12/01/2023 AMENDMENT NR. 03, ATTACHMENT 01, SCHEDULE 1 SALTUS E -CITATIONS 1. Software License Fees • digiTICKET Server (1 @ $ 5,000.00) $ 5,000.00 • digiTICKET Mobile Client (10@ $ 700.00) $ 7,000.00 • Additional RMS/Court Export License (1 @ $ 2,000.00) $ 2,000.00 $ 14,000.00 2. Professional Services Fees • Implementation and Training (1 @ $11,500.00) $ 11,500.00 • Configuration of approval process tab on web application $ 1,250.00 • Configuration of auto -exporter (total exporters) $ 1,750.00 • Design and creation of custom pre-printed ticket back (4" paper only) $ 750.00 $ 15,250.00 3. Hardware Rugged Mobile Computers Zebra TC58 Rugged Android Handheld (10 @ $ 2,509.32) $ 25,092.32 Zebra EVM, TC58, WWAN 5G FR1, CBRS, WIFI 6E, 6" Display, 4GB RAM/64GB ROM, Standard SE 4720 Imager, 8 MP FFC, 16MP RFC, Warm swap battery, 4400 MAH Battery Zebra EVM, OneCare Service, 3 year comprehensive (10 @ $ 424.51) $ 4,245.12 Zebra EVM, USB C communications and charging cable (10 @ $ 13.58) $ 135.78 Mobilis, Screen Protector anti -shock IK06 - Clear for Zebra TC58 (10 @ $ 12.55) $ 125.54 Thermal Ticket Printers RuggedJet 4230BL Kit (10 @ $ 863.67) $ 8,636.68 4" DT Printer w/USB Serial & Bluetooth MiFi — Includes Printer, Li -ion battery, 2 Year Premier Warranty, belt clip & CPCL RuggedJet 4 - 3 year warranty 1 -Year Premium Service (initial service plus 1 additional year) (10 @ $ 55.31) $ 553.08 Car Adapter - Wired - 14' Length for RJ 4 & PJ7 (10 @ $ 27.65) $ 276.54 USB Cable - 6' (10 @ $ 15.32) $ 153.22 Carrying Case Taylor Made carrying cases for RJ4230 (10 @ $ 60.14) $ 601.38 Thermal Paper Thermal Paper: continuous roll, high temp, perforated (50 @ $ 16.00) $ 800.00 Shipping $ 225.00 $ 40,844.66 4. Annual Hosting Fee $ 1,200.00 $ 71,294.66 5. Payment Schedule Nr. 1 Payment upon Execution of Agreement $ 50,000.00 Nr. 2 Payment upon Delivery of Training $ 21,294.66 $ 71,294.66 6. Recurring Annual Fees Maintenance and Support (10 @ 25% of Software License Fees) $ 3,500.00 Hosting Services $1,200.00 $ 4,700.00 4 Ig'IOTICK.E'TO electronic ticketing solution Purchase Agreement for the: Paris Police Department Chief Richard Salter November 30, 2023 Prepared by: Candice Phillips Channel Sales Manager 918.671.4135 907 S. Detroit Ave Suite 820 Tulsa, OK 74120 www...s.al:tus e_dhirkpll..p..!i.....o pir r Submitted in Confidence for the Paris IPolice Department Please confirm pricing after 60 days from the above date digiTICKET electronic ticketing solution THIS PURCHASE AGREEMENT ("Agreement") is entered into between Saltus Technologies, LLC ("Saltus"), and Paris Police Department("Customer"). Subject to the terms and conditions set forth herein, Saltus agrees to sell, and the Customer agrees to purchase the digiTICKET Solution. 1.0 digiTICKET PURCHASE PRICE The digiTICKET Solution includes digiTICKET software, hardware, implementation services and hosting services (if applicable). The continued use of the digiTICKET Solution will require ongoing fees associated with software maintenance and support, new equipment when needed, hosting if applicable and paper. The purchase price for the digiTICKET Solution shall be as follows: digiTICKET PurchasePrice Quote Software License Fees Units Fee / Total digiTICKET Server License - iniClUdes CIS Export 1 $ fit dig-iFICKET Mobile Client Licenses f 00 Additional r 4wi Softwaire License Fees TOTAL / Professional Services Fees Units Fee rrr Total 4w ConifigUration of aipprovail process ConifigUration Of r TOTAL Professionalr TOTAL hardware costs (devices, peripherals, warranties, etc.)" 1 Annual Hosting r r TOTAL See detailed hardware quote with line itempricing & descriptions onfollowing pages. NOTE: Travel & living expenses for on-site training will be billed separately, as actual. RecuarringAnnual Fees 77777 777771 Component M77777=7 . Hostedm Hosting .. 4w TOTAL (beginningrr IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII((�/111////////////////fir/rrrrl/��l Confidential Paris Police Department Page 1 Copyright © 2023 Saltus Technologies, LLC All Rights Reserved digiTICKET electronic ticketing solution The following detailed hardware pricing was used to determine the hardware component of the purchase price included in summary above. Zebra TCg Rugged Android Handheld Zebra EVIMl, TC58, WWAN 5G FR1, CBRS, WI FI 6E, 6" Display, 4G RAMII/64GB ROMI, Standard SE 4720 Imager, 8 IMP FFC, 16MIIP RFC, Warm swap battery, 4400 10 MAH Battery $ 2,509.23 $ 25,092.32 Zebra EVIMl, Onecare Service, 3 year comprehensive 10 $ 424371 $ 4,245.12 Zebra EVIMl, USB C commun'icat'ions and charging cable 10 $ 13.58 $ 135.78 Mlob'il'is, Screen Protector anti -shock IK06 - Clear for Zebra T'C58 10 $ 12.55 $ 125.54 Brother RuggedJet42301 Bluetooth Thermal Printer RuggedJlet 4230BL Kit: 4' DT Printer w/USB, Serial & Bluetooth Iv'lliFi - Includes 10 $ 863.67 $ 8,636.68 Printer, Li -ion battery, 2 year Premier Warranty, belt clip & CPCL RuggedJlet 4 - 3 year warranty; 1 -year Premiiumi Service (initial service plus 1 10 $ 55.37 $ 553.8 addt'I years Car Adapter - Wired - 14 ' Length for RJI 4 & PJI7 1 10 1 $ 27.65 $ 276.54 USB Cable - 6' 1 10 1 $ 15.32 $ 153.22 T'avlor Made carrv'inRcases for RJI4230 Thermal Paper; continuous roll, high temp, perforated, price per roll Confidential Paris Police Department Copyright © 2023 Saltus Technologies, LLC All Rights Reserved 10 1 $ 60141 $ 601.38 50 $ 16,00 $ 800.00 Shipping Costs $ 225.00 Total Hardlware Price: $ 40,844.66 Page 2 digiTICKET electronic ticketing solution 2.0 SCOPE OF THE AGREEMENT As part of this Purchase Agreement, Saltus will provide the following: A fully configured digiTICKET solution for Paris Police Department. digiTICKET Software • The Customer's license to use the digiTICKET software is an annual term and commences on the first day of the month when end user training is completed. The license automatically renews annually provided the Customer stays current with annual software maintenance and support (and hosting, if applicable) fees. • The software license includes: ■ A server license which includes access to the administrative website application for an unlimited number of end users. ■ Mobile client software licenses for 10 Android Zebra TC58s. • Export Licenses — 1 license is required for each additional data export: CIS RMS and OpenGov CMS. NOTE: Fees charged by RMS or Court system vendors are not included as part of this agreement and will need to be negotiated and paid separately between the Customer and each respective vendor. Implementation Services • The software will be provided as -is, configured for the Customer. This means no new core functionality will be developed specifically for the Customer, unless otherwise agreed upon and included within the pricing section of this Agreement. In addition to standard configuration services. • Saltus personnel will provide end user training as follows: ■ Onsite training. Training travel expenses billed separately as actuals. Confidential Paris Police Department Page 3 Copyright © 2023 Saltus Technologies, LLC All Rights Reserved digiTICKET electronic ticketing solution Hardware • See Hardware Detail table above. NOTE: The use of existing tablet computers, barcode scanners and/or printers must be approved by Saltus. If approved, the customer must provide a minimum of two of each existing device types for system configuration and testing purposes. NOTE: Saltus does NOT provide hardware installation services. The Customer is responsible for installing all hardware. Paper • See Hardware Detail table above. Hosting • Hos Ling services for the digiTICKET web application provided BY RACKSPACE. NOTE: If Customer hosts the digiTICKET solution on -premises, Customer is responsible for all disaster recovery, backup, and security processes. Saltus will deploy the solution on customer hardware but is not responsible for database backups or hardware or operating system maintenance. Software Maintenance and Support Services • Software maintenance provided through periodic release updates to the mobile client and web server software during the term of this agreement. • Saltus reserves the right to increase the annual maintenance and support and hosting fees on an annual basis (not to exceed 5% annually) to reflect increases in the costs of doing business. Miscellaneous It is understood and agreed by the parties that: • The Customer and Saltus will each appoint a Project Lead for this project. The Project Leads will serve as the Primary Point of Contact for the respective parties • In addition to the fees and payments listed in Section 6 of this agreement, Saltus will invoice the Customer for all travel and living expenses associated with on-site activities (such as training). All expenses will be billed as actual with copies of receipts provided. • The Customer will appoint an Administrator that will train and provide first level support to Customer users. This person can be the same individual as the PPC if so desired. The Customer Administrator will be the single point of contact between Saltus Support Services and the Customer. • Changes to project scope can affect time estimates required for implementation and will be mutually agreed to and confirmed in writing. • Saltus may perform User Acceptance Testing and Training activities remotely utilizing webinar and teleconferencing technologies. • Saltus will not provide installation services for vehicle docks or mounts. • The Customer will provide a full-time internet connection to facilitate the synchronization of tickets from the ticket writing devices to the digiTICKET server. • Fees charged by Court or RMS system vendors to interface with the digiTICKET Solution are not included in the purchase price under this Agreement and shall be an additional charge to the Customer. Confidential Paris Police Department Page 4 Copyright © 2023 Saltus Technologies, LLC All Rights Reserved digiTICKET electronic ticketing solution 3.0 digiTICKET SOFTWARE LICENSE This Software License covers the Saltus software that accompanies the digiTICKET Solution under this Agreement, which includes computer software and may include associated media, printed materials, "online" or electronic documentation, and Internet -based services ("Software"). The Customer agrees to be bound by the terms of this Section 3.0 by installing, copying, or otherwise using the Software. 1. GRANT OF LICENSE. Saltus grants Customer the following rights provided that Customer complies with all terms and conditions of this Section 3.0: a) Saltus grants to Customer a nonexclusive license to use copies of the Software, provided that for each individual using the Software within Customer's organization, Customer has acquired a separate and valid license for each user device as may be required by Saltus. b) Customer may make and use an unlimited number of copies of any documentation, provided that such copies shall be used only for Customer's purposes pursuant to this Agreement and are not to be republished or distributed (either in hard copy or electronic form) beyond Customer premises. c) Customer may also store or install a copy of the Software on a storage device, such as a network server, used only to install or run the Software on computers used by a licensed end user in accordance with a) above. d) Software provided by Saltus may not be distributed to any individual, third party or entity that exists external to the Customer's organization or for any purpose other than use of the Software for Customer. 2. RESERVATION OF RIGHTS AND OWNERSHIP. Saltus reserves all rights not expressly granted to Customer in this Agreement. The Software is protected by copyright and other intellectual property laws and treaties. Saltus owns the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold. 3. LIMITATIONS ON DECOMPILATION, AND DISASSEMBLY. Customer may not reverse engineer, decompile, or disassemble any Software provided in compiled or object code form, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. 4. NO RENTAL/COMMERCIAL HOSTING. Customer may not rent, lease, lend or provide commercial hosting services with the Software. 5. CONSENT TO USE OF DATA. Customer agrees that Saltus and its affiliates may collect and use technical information gathered as part of the product support services provided to Customer, if any, related to the Software. Saltus may use this information solely to improve our products or to provide customized services or technologies to Customer and will not disclose this information in a form that personally identifies Customer. 6. ADDITIONAL SOFTWARE/SERVICES. This Software License applies to updates, supplements, and add-on components of the Software that Saltus may provide to Customer or make available to Customer after the date Customer obtains the initial copy of the Software, unless Saltus provides other terms along with the update, supplement, add-on component. 7. NOT FOR RESALE SOFTWARE. Software provided by Saltus may not be sold or otherwise transferred for value or used for any purpose other than Customer's application of the Software pursuant to this Agreement. 8. EXPORT RESTRICTIONS. Customer acknowledges that the Software is subject to U.S. export jurisdiction and agrees to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments. 9. SOFTWARE TRANSFER & ASSIGNMENT. All rights to use of Software provided by this Agreement are for the sole use of Customer and may not be transferred, assigned, directly or indirectly without prior written authorization from Saltus. 10. TERMINATION. Without prejudice to any other rights, Saltus may terminate the Software License if the Customer fails to comply with the terms and conditions of this Agreement. In such an event, the Customer shall destroy all copies of the Software and all of its component parts. Confidential Paris Police Department Page 5 Copyright © 2023 Saltus Technologies, LLC All Rights Reserved digiTICKET electronic ticketing solution 11. INDEMNIFICATION. Provided that Customer complies with all terms and conditions of this Agreement, Saltus agrees to indemnify, defend, and hold harmless Customer from and against any and all liabilities, actions, claims, damages, reasonable costs, and reasonable expenses arising from or relating to any claim that the Software infringes upon or violates any patent, copyright, trade secret, or other proprietary right of any third party. If a claim for indemnity is made pursuant to this paragraph, Customer shall give Saltus prompt written notice of any alleged liability or action and shall offer to tender the full defense thereof to Saltus. Saltus shall not be liable for any settlement of any such liability or action effected without the prior written consent of Saltus. 4.0 SOFTWARE MAINTENANCE AND SUPPORT 1. SERVICES. During the term of this Agreement, Saltus agrees to provide maintenance and support services, as described herein, for the Software operating under the license(s) and on the hardware configurations listed in Section 1.0 of this Agreement so as to maintain the Software in good working order, keeping the Software free from material defects so that the Software will function properly and in accordance with the accepted level of performance as set forth in Section 3.0 of this Agreement. Such maintenance and support shall include (i) diagnosis of problems or performance deficiencies of the Software and (ii) a resolution of the problem or performance deficiencies of the Software. Saltus will provide telephone software support twenty-four (24) hours a day, seven (7) days a week. Saltus will use its best efforts to cure, as described below, reported, and reproducible errors in the Software. Saltus utilizes the following four (4) severity levels to categorize and respond to reported problems: Severity 1: Critical Business Impact The impact of the reported problem is such that the Customer is unable to either use the Software or reasonably continue work using the Software. Saltus will provide a response by a qualified member of its staff to begin to diagnose and to correct a Severity 1 problem as soon as reasonably possible, but in any event a response via telephone will be provided within one (1) hour. Saltus will make its best efforts to resolve Severity 1 problems in less than forty-eight (48) hours, but in any event, will engage staff until an acceptable resolution is achieved. Severity 2: Significant Business Impact Important features of the Software are not working properly and there are no acceptable, alternative solutions. While other areas of the Software are not impacted, the reported problem has created a significant, negative impact on the Customer's productivity or service level. Saltus will provide a response by a qualified member of its staff to begin to diagnose and to correct a Severity 2 problem as soon as reasonably possible, but in any event a response via telephone will be provided within four (4) hours. Saltus will exercise its best efforts to resolve Severity 2 problems within five (5) days, but in any event, will engage staff until an acceptable resolution is achieved. Severity 3: Some Business Impact Important features of the Software are not working properly, but an alternative solution is available or non- essential features of the Software are not working properly with no alternative solution. The Customer impact, regardless of Software usage, is minimal loss of operational functionality or implementation resources. Saltus will provide a response by a qualified member of its staff to begin to diagnose and to correct a Severity 3 problem as soon as reasonably practical, but in any event a response via telephone will be provided within one (1) day. Saltus will exercise its best efforts to resolve Severity 3 problems within one (1) week, but in any event, will engage staff during business hours until an acceptable resolution is achieved. Severity 4: Minimal Business Impact A noticeable situation exists in which use of the Software is affected in some way which is reasonably correctable by a documentation change or by a future, regular maintenance release. Saltus will provide, as agreed by the parties, a fix, or fixes for Severity 4 problems in future maintenance releases. With respect to any reported problems, Saltus may, with the concurrence of the Customer, elect to send senior support or development staff to the Customer location to accelerate problem resolution. Saltus will be responsible for the costs associated with this escalated problem resolution if the problem is determined to be related to the Confidential Paris Police Department Page 6 Copyright © 2023 Saltus Technologies, LLC All Rights Reserved digiTICKET electronic ticketing solution Software. If it is determined that the problem was not related to the Software, the Customer agrees to pay reasonable travel and lodging expenses in addition to Saltus standard consulting rates. Travel time will be charged at consulting rates. 2. MAINTENANCE. During the term of this Agreement, Saltus will maintain the Software by providing software updates and enhancements to Customer as the same are offered by Saltus to its Customers of the Software under maintenance generally ("Updates"). All Updates and enhancements provided to Customer by Saltus pursuant to the terms of this Agreement shall be subject to the terms and conditions of Section 3.0 of this Agreement. Updates will be provided on an as -available basis. Updates will be provided in machine-readable format and updates to related documentation will be provided electronically. All such deliveries shall be made electronically to the handheld computers automatically during a sync process or as initiated by Saltus support staff using remote device management tools. All such deliveries for the laptop computers shall be made automatically during a sync process or as coordinated by Saltus and Customer support staff. If requested, Saltus will provide on-site assistance in the installation of Updates on a time and materials charge basis, plus expenses. Saltus assumes no responsibility for the correctness of, performance of, or any resulting incompatibilities with, current or future releases of the Software if the Customer has made changes to the system hardware/software configuration or modifications to any supplied source code which changes effect the performance of the Software and were made without prior notification to and written approval of Saltus. Saltus assumes no responsibility for the operation or performance of any Customer -written or third -party application. 3. MAINTENANCE AND SUPPORT WARRANTY. Saltus will undertake all reasonable efforts to provide technical assistance under this Agreement and to rectify or provide solutions to problems where the Software does not function as described in the Software documentation, but Saltus does not guarantee that the problems will be resolved or that any item will be error -free. This Agreement is only applicable to the Software running under the certified environments specified in the release notes for that product. Saltus will provide the Customer with substantially the same level of service throughout the term of this Agreement. Saltus may from time to time, however, discontinue Software products or versions and stop supporting Software products or versions one year after discontinuance, or otherwise discontinue support service. Saltus liability shall not exceed the fees that Customer has paid under this Agreement. Customer agrees that the pricing for the services would be substantially higher but for these limitations. 4. ACCESS. Software maintenance and support services are conditioned upon provision by Customer to Saltus of reasonably appropriate access to the system(s) running the Software, including, but not limited to, passwords, system data, file transfer capabilities, and remote log -in -capabilities. Saltus will maintain security of the system and use such access only for the purposes of this Agreement and will comply with Customer standard security procedures. Information accessed by Saltus agents or employees as a result of accessing Customer system shall be deemed confidential information pursuant to the terms of this Agreement. Customer shall provide Saltus with internet access to the system(s) running the Software and a Primary Point of Contact at the Customer site to coordinate Support efforts with Saltus staff. 5. FEES. Fees for maintenance and support services provided under this Agreement are contained in Section 1.0 of this Agreement. Any time a client license or software module is added or deleted from this Agreement, Saltus will automatically adjust and/or amend Section 1.0 of this Agreement accordingly. Saltus will periodically review Section 1.0 of this Agreement. If changes have occurred, Saltus will adjust and/or amend Section 1.0 of this Agreement and Maintenance and Support fees will be adjusted accordingly. Rates will be reviewed and adjusted accordingly when client licenses or software modules are added. Customer agrees to reimburse Saltus for reasonable expenses related to the performance of services. Expenses may include, but are not limited to, charges for materials, shipping and handling, travel (including lodging and associated expenses), printing and documentation, and other out-of-pocket expenses reasonably required for performance. Expenses will be pre - approved by the Customer. 6. PAYMENT OF MAINTENANCE AND SUPPORT FEES. Fees will be invoiced annually, with the annual term commencing 12 months from the 1" day of the month following end user training. Invoices will be delivered thirty Confidential Paris Police Department Page 7 Copyright © 2023 Saltus Technologies, LLC All Rights Reserved digiTICKET electronic ticketing solution (30) days in advance of the commencement of the term. Expenses will be invoiced as actual and when incurred. All invoices are payable net fifteen (15) days. 5.0 OTHER TERMS 1. TERM AND TERMINATION. The term of this Agreement shall be for one (1) year and, thereafter, for renewal terms on a year-to-year basis until terminated (i) by Customer in the event the Software is taken out of service and upon thirty (30) days' notice to Saltus; (ii) by either party with notice to the other party at least thirty (30) days' notice prior to the expiration of the original one (1) year or any subsequent one (1) year renewal term, in which case, this Agreement shall terminate at the expiration of the original term or renewal term as the case may be; (iii) by either party upon a default of the other party, such default remaining uncured for thirty (30) days from the date of written notice from the non -defaulting party to the other specifying such default; (iv) upon the bankruptcy or insolvency of Saltus; or (v) the Software License is terminated. Upon such termination, provided the Customer is not in default under this Agreement, Saltus shall refund to Customer a portion of the fees prorated to reflect the date of termination. Notwithstanding the above, neither party shall be relieved of liability to the other party for damages sustained by the non -breaching party resulting from breach of the Agreement by the other party, and either party may withhold any payments to the other party for the purpose of setoff until such time as the exact amount of damages due are determined. 2. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SALTUS DISCLAIMS THE WARRANTIES OF MERCHANTABILITY, AND OF FITNESS FOR A PARTICULAR PURPOSE. 3. EXCLUSION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SALTUS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES. 4. LIMITATION OF LIABILITY AND REMEDIES. EXCEPT AS OTHERWISE SET FORTH HEREIN, NOTWITHSTANDING ANY DAMAGES THAT CUSTOMER MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR OTHERWISE), THE ENTIRE LIABILITY OF SALTUS AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS AGREEMENT AND CUSTOMER'S EXCLUSIVE REMEDY HEREUNDER SHALL BE LIMITED TO THE GREATER OF THE ACTUAL DAMAGES CUSTOMER INCURS IN REASONABLE RELIANCE ON THE SOFTWARE UP TO THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE SOFTWARE. The customer agrees that the purchase price would be substantially higher but for these limitations. 5. GENERAL. Each party acknowledges that it is bound by the terms of this Agreement and further agrees that it is the complete and exclusive statement of the Agreement between the parties, which supersedes and merges all prior proposals, understandings, and all other agreements, oral and written, between the parties relating to this subject matter of this Agreement. This Agreement may not be modified or altered except by a written instrument duly executed by both parties. This Agreement and performance hereunder shall be governed by and construed in accordance with the laws of the State of Oklahoma. Any and all proceedings relating to the subject matter hereof shall be maintained in the state or federal courts of Tulsa County, Oklahoma, which courts shall have exclusive jurisdiction for such purpose. Each of the parties waives any objection to venue or in personam jurisdiction. If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby. Neither party may assign, without the prior written consent of the other, its rights, duties, or obligations under this Agreement to any other person or entity, in whole or in part. The waiver or failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder. Confidential Paris Police Department Page 8 Copyright © 2023 Saltus Technologies, LLC All Rights Reserved digiTICKET electronic ticketing solution 6.0 SIGNATURE Terms Total charges for this agreement are $ 71,295 1. Upon execution of this document, Saltus will invoice for $ 55,470; which includes: a. 50% of all software license fees: $ 7,000 b. 50% of all services fees: $ 7,625 c. All hardware and paper fees: $ 40,845 2. Upon deployment of the solution, Saltus will invoice for the balance of all fees: $ 15,825 Payment terms are NET 15. If payment is not received within 30 calendar days of the due date, Saltus reserves the right to charge a late fee of 1% of unpaid invoice for every 30 days the payment is past due. By signing and returning this document you are signifying the acceptance of the Agreement and the terms and conditions as outlined above. This Agreement can only be modified when both parties agree in writing. Agreed to: By: Name: Agnes Rygula Title: Vice President Date: 12/01/2023 Agreed to: Saltus Technologies, LLC By: Name: Eric C. Fultz Title: President/CEO Date: Confidential Paris Police Department Page 9 Copyright © 2023 Saltus Technologies, LLC All Rights Reserved digiTICKET electronic ticketing solution 7.0 CUSTOMER CONTACT FORM PO Number: Tax Exempt Status/Certificate Number: Primary Paris Police Department Project Contact: Name: Title: Address: City: State: Phone: Email: Zip: Primary Paris Police Department Project Contact: Name: Title: Address: City: State: Phone: Email: Primary Billing Contact: Name: Title: Mailing/Billing Address: City: State: Phone: Email: Zip: Zip: Confidential Paris Police Department Page 10 Copyright © 2023 Saltus Technologies, LLC All Rights Reserved digiTICKET electronic ticketing solution Records Management System CIS Vendor Contact Information Is an RMS Export included? Export included Type of export required? Auto -export Court Case Management System OpenGov Vendor Contact Information Is a CMS Export included? Export included Type of export required? Manual export Other Interfaces (State system, Payment, etc.) Vendor Contact Information Is another export required? Mobile Query Software to digiTICKET Mobile Interface? No Vendor Contact Information Number of states to be parsed (in-state + 2 included)? 0 110 person & vehicle returns MUST be provided per state BY Configuration of approval process tab on web application Printed ticket types: 0 Pre-printed Paper Back Required (4" printer): Yes Confidential Paris Police Department Page 11 Copyright © 2023 Saltus Technologies, LLC All Rights Reserved computer information systems inc. August 22, 2007 Assistant Chief Bob Hundley Paris Police Department 2910 Clarksville Street Paris, Texas 75460 Via: Email: bhundley@paristexas.gov Subject: CIS Response to Email from Paris Police Department on July 9, 2007 regarding License Agreement #345 Dear Assistant Chief Hundley, The following is our response to your email request for changes to the Contract. Changes were made to the Contract in accordance with the attached responses. Sincerely, COMPUTER INFORMATION SYSTEMS INC. Ala �y Art Yefsky CEO a i F Enc: License Agreement (2 Copies) Rmsdoc:agency:parispdtx.license agreement.panspdtx_cover letter license agreement 06-20-2007,doc r;. Web:. www.dsusa.org 7840. N Unco n Avenue .dice: 847-673-780 e-mail:sales@cisusa:vrg Skokie; 1L.60077. fax:. 847-573-7844. . PARIS POLICE DEPARTMENT TX 08-22-2007 The following Items are in response the email dated July 9, 2407 regarding CIS Contract #345: 1. Page 3, AB: CIS Will Add: "Upon termination of this Agreement, for any reason, the User shall immediately remit all payments due to CIS for Systems and Services Delivered and Accepted by User in accordance with the terms of this Agreement." 2. Page 4, B1: CIS Response: Warranty does stark on Acceptance Verification in Task 5. No change to the Agreement. Page 5, C, Limitation of Liabilities: CIS Response: No change to the Agreement. 3. Page 9, G: CIS Will Add: CIS recognizes that this License Agreement shall commence upon the Effective Date herein and continue in full force and effect until termination in accordance with its provisions. CIS and the User recognize that the continuation of this Agreement after the close of any given fiscal year of the City of Paris, which fiscal year ends on September 30th of each year, is be subject by law to Paris City Council approval. In the event that the Paris City Council does not approve the appropriation of funds for this Agreement or any other public safety dispatch, records or mobile system, this Agreement shall terminate at the end of the fiscal year for which funds were appropriated and the parties hereto shall have no further obligations hereunder except as provided in Paragraph A.8 above. User warrants that it has encumbered funds of the Payment due on execution of this Agreement as specified in Addendum A, Paragraph B below. 4. Page 10, G6: CIS Will Add. "fourteen (14) days notice." 5. Page 11, 1-13: CIS Response: CIS will replace the first sentence with the following, "User agrees to dedicate the User's Computer (Server(s) and database) exclusively to CIS System(s) and any other required software that CIS has approved. User shall exclude all other application code or software products." 6. Page 12, H7: CIS Response: CIS will replace with CIS' Cross Venue Term. 7. Page 14, Addendum A: CIS Response: See changes on page 14, Addendum A. 2 computer information systems inc. PARIS POLICE DEPARTMENT TX 88-22-2007 8. Page 16, Addendum B, 8. CIS Response: Please note that "final acceptance" is performed at Acceptance Verification in Task 5 when the Systems are installed in Paris on the Paris Server(s). No change to the Agreement is required. 9. Page 17, Addendum C, 1.1.2: (a) The nrtivus EMS interface .CIS Response: The Interface is included. No change in overall cost. The Interface is a development with a target delivery of the first quarter of 2008. It will be delivered with no increase in price when developed in mid 2008. At that point, the EMS Tables running Crtivus will be required to access the CIS Server and download certain dispatch fields. (b) Satellite TLETS CJS Response: CIS does not have a Texas agency with Satellite TLETS. When CIS receives a Paris contract, CIS will initiate the development process and provide Paris with an estimated delivery. I would estimate delivery at this time at mid 2008. 10. Page 19, Addendum C, 3.2.1: CIS Response: See CIS Response to Item 9 above. 11. Page 21, Addendum C, 3.6, Task 6: CIS Response: Acceptance is a two (2) step process fully described in Addendum M(2). Note the answer in item 8 above. No change to the Agreement is required. 12_ Page 22, Addendum C, 3.8: CIS Response: Please note that is exactly what is stated on Page 16 in Addendum B, Task 8 and Page 22, Paragraph 3.8. No change to the Agreement is required. 13. Page 24, Addendum C, 5.0: CIS Response: CIS estimates a minimum of thirty-six (36) weeks and an average of fifty-two (52) weeks. There are a considerable number of Tasks to be performed by both Paris and CIS. 14. Page 25, Addendum C, 5.8: CIS Response: See answer in Item 8. 15. Page 36, Addendum D(2): (a) CIS Response: CIS will change Addendum D to Addendum D(2). (b) Segment Report CIS Response: Segment and Module are used interchangeably. Arrest is a Segment or Module in RMS for example. computer information systems inc. 3 PARIS POLICE DEPARTMENT TX Q8-22-2007 16. Page 57, Addendum K(2), 2.1: CIS Response: Please let us know if this is the Motorola or other digital mobile with an IP Interface for CAD Systems. If not, the IP Interface must be added by Paris in order to handle CIS Windows Mobile Transactions. 17. Page 60, Addendum M(2): (a) CIS Response: We will change D to D(2) in the Agreement. (b) CIS Response: Substantial Compliance and Specific Compliance are the two (2) compliance terms used in Contracts. Windows computer systems' performance is dependent upon hardware and the Instantaneous transaction types, traffic load and networks' bandwidth. Therefore, specific compliance cannot be warranted at all times and substantial compliance is used. (c) CIS Response: M(2) does provide Final Acceptance at Paris. See Item 8 above_ No change to the Agreement will be made. 18. Page 65, Addendum P(5), 4.1.4: (a) CIS Response: Call Received (Answered by Dispatcher) and Call Dispatch is recorded in CAD. (b) CIS Response: All Unit Assignments and Status changes, including EMS Enroute to Hospital and Arrival, etc, are recorded in the Unit History Table. 19. Page 82, Addendum S(4): CIS Response: See Item 9(b) and the Addendum S(4) Paragraph 1.4_ computer information systems inc. 4 PARIS POI -.ICE DEPS RTMENT TEXAS 08-22-2067 LICENSE AGREEMENT #345 This Agreement is I: the City of Paris, Te renewable object c( Services listed Belo' System(s) and Sery installation and use USER'S COMPUTER COMPUTER INFORMATION SYSTEMS INC. LICENSE AGREEMENT 345 Between Computer information Systems Inc. hereinafter Called "CIS" and xas hereinafter called the "User". This Agreement provides an annually ode computer software license for non�excluslve use of Systems) and ,ti. This Agreement specifies the terms and conditions under which said ices are to be provided and the terms and conditions. regarding the of the CIS System(s) and Services to be located at the following Site(s): Paris Police Department 2910 Clarksville Street Paris, Texas 75450 SERVER: SOL 2005 SERIAL NBR; SYSTEM(s) VERSION: { WINODViIS SERVER 2(]03 THE SYSTEM(S), SERVICES AND OTMER PROGRAM PRODUCTS TO BE PROVIDED ARE AS FOLLOWS; BASIC PROGRAM PRgDUCTS: LICENSE FEE SPECIFICATIONS COMPUTER ASSISTED DISPATCH (-CAD) ADDENDUM A ADDENDUM D(2.), M(2) RECORDS MANAGEMENT SYSTEM (FIMS) ADDENDUM A ADDENDUM D(2), M(2) SPECIAL PROGRAM POODUCTS: CAD-TLETS INTERFACEATE=LLITE) If ADDENDUM A ADDENDUM S(4), R� 3) CAD -E911 INTERFACE ADDENDUM A ADDENDUM E(W), R(3) CAD MAP CENTRIC PHAgE Y ARID 2 WIRELESS ADDENDUM A ADDENDUM S(3), R(3) CAD MAP CRIME ANALYgIS INTERFACE ADDENDUM A ADDENDUM X(4), R(3) CAD-ORTIVUS INTERFACP ADDENDUM A ADDENDUM J(4), R(3) IMAGE GATEWAY SYS -MV ADDENDUM A ADDENDUM Z(W), R(S) FIREHOUSES RECORDS PYSTEM INTERFACE ADDENDUM A ADDENDUM J(1). R(S) MOBILE COMPUTER SYS EM (MCS) ADDENDUM A ADDENDUM P(5), R(3) AVL SYSTEM ADDENDUM A ADDENDUM K(4), R(3) RECORDS CONVERSIPN ADDENDUM A ADDENDUM T(3)(8), R(3) SERVICES: STATEMENT OF WORK ADDENDUM A ADDENDUM C OUSTOM17ATION ADDENDUM A PARAGRAPH F TRAINING ADDENDUM A ADDENDUM C, par. E INSTALLATION OF SYSTE(8) ADDENDUM A ADDENDUM G, Par. E DELIVERY ADDENDUM A ADDENDUM 13, C SYSTEM($) ACCEPTANCP ADDENDUM A ADDENDUM M(2),R(3) MAINTENANCE AND SUPORT ADDENDUM A PARAGRAPH D WARRANTY I ADDENDUM A PARAGriAPH B OTHER PROGRAM pROIDI.ICTS TO 8E PROVIDER ARE AS FOLLOWS: NONE fj ADDENDA TO THIS AG X(4), Z(VV) A, 13, C, D(2), E(W), J(1), J(d), K(4), M(2), P(5), R(3), S(3), 8(4), T(3)(B), , 7T/7R InVA ` W71 -LSA$ 0.dN1 Nain6Noo - OOGLEL9 Vs T sZ :EZ LOOZ/ZZ./80 PARIS POLICE DEPARTMENT TEXAS 08-22-2007 LICENSE AGREEMENT #345 TERMS AND CONDITIONS A. SYSTEIIII(S) The term "System(s)" as used in this Agreement refers to the licensed Basic Program Products and Special Program Products listed on Page 1 of this Agreement and any Addendum hereto, and includes related materials such as manuals, instructions, and other writings relating to the System(s) delivered or to be delivered by CIS to User. The System(s) are proprietary and copyrighted property of CIS. All rights except those expressly conveyed herein are reserved by CIS, The terrn, "Other Program ProducW as used in this Agreement are listed on Page and are the licensed hardware and/or software and/or services provided by third parties. Training, installation, warranty, maintenance, support and renewal provisions for Other Program Products are solely in accordance with the terms and conditions of the applicable Amendments to the Agreement attached hereto and incorporated herein for the given Other Program Product(s). Acceptance for the Systems shall be in accordance with the applicable Addendum, M(2) or R(3), as specified on Page 1 of this Agreement. 2. This Agreement is effective from the date on which it is accepted by CIS (Effective Date) and will remain in effect until terminated in accordance with the provisions of this Agreement. The License Fee provides for the non-exclusive use of the System(s), maintenance and support as described below for a term of one (1) calendar year (Maintenance Term) from the Date of Installation. The Date of Installation as used in this Agreement is defined as that day when the Basic Program Products) is Accepted by User in the manner set forth in Addenda M(2). The User may continue to use the System(s) for additional Maintenance Terms by payment of Annual Renewal Fees in accordance with Paragraph G_2 below. 3. The System(s) may be hosted only on the User's Computer(s) listed on Page 1 on the effective date of this Agreement at the Site(s) listed on Page 1 and used on Workstations attached within the User's Site(s). The System(s) may not be transferred, migrated or otherwise installed on any other computer, including but not limited to, redundant and non-stop server configurations, without written amendment to this Agreement and payment of then current fees. installation on another computer(s) is allowed: (1) in the event of the purchase of a replacement for the User's Computer; (2) for storage of backup data. 4. The User agrees to use the System(s) for its internal purposes only. The User will limit access to the System(s) to those employees who require such access in order to use the System(s) in furtherance of the User's business. Such use may only be at the Site(s) designated on Page 1 or on an Amendment to this Agreement. The User will not make the System(s) available to any other person, organization, or third party for any purpose or reason including but not limited to data extracts, other software applications, occasional users, other agencies, vendors and third party support personnel without the express written permission from CIS. 2 PARIS POLICE DEPARTMENT TEXAS LICENSE AGREEMENT #345 OS-Zz-2007 The Agreement does not restrict the User's use of the Records, Inquiries and Reports created by the Systems, including the use thereof to extract data by the other Uset's applications (consistent with Federal/State regulations). In the event CIS' existing Inquiries, Reports or Special Reports Services do not provide for User's data extract requirements), User agrees to consult with CIS for the development of a data extract program(s) that will be developed by CIS at User's expenses. User agrees not to allow third party access to the System for the above purposes. "Additional Users" as used in this Agreement may use the System(s) only with express written permission from CIS and only after additional applicable license and support fees are paid CIS. 5. The User shall take all reasonable precautions to maintain the confidentiality of the System(s), but not less than that employed to protect its own proprietary and/or confidential records and information. The obligations expressed in this provision shall remain binding upon the User and Additional Users even after termination of this Agreement. CIS shall take reasonable precautions to maintain the confidentiality of any User documentation and records provided to CIS by User, but not less than that employed to protect its own proprietary and/or confidential records and information. Upon request from User, CIS will return said User documentation and destroy any copies. 6. The User may reproduce any System(s) related materials for its own use as long as all titles, trademarks, trade names, and copyright notices are also reproduced. The User may make two (2) copies on tape or CD of the System(s) software for backup purposes only and affix copyright notices. 7. This Agreement, and any of the licenses, System(s) or related materials to which it applies, may not be assigned, sublicensed, sold, mortgaged, pledged, or otherwise transferred by the User_ 8. Upon termination of this Agreement, for any reason, the User shall immediately remit all payments due to CIS for Systems and Services Delivered and Accepted by the User in accordance with the terms of this Agreement. "User's Data" created by the User using the CIS Systems is resident on the Microsoft SRL (MS SQL} employed by the CIS Systems. MS SQL is an open database and the MS SQL Tables (Names, Address, Charge, etc.) are defined within the database. Use of the CIS Systems is unnecessary for the User to access the MS SQL Tables for this purpose, including conversion of the User's Data to a vendor's system that would replace CIS. In the event this Agreement is terminated in accordance with the Agreement's terms herein, User will have two (2) Termination Options regarding User's Data and access to Records that are created by the CIS Systems as follows: C-1 PARIS POLICE DEPARTMENT TEXAS LICENSE AGREEMENT #345 08-22-2007 (a) Option 1: In Option 1, the User may request that CIS provide the SQL Tables on a machine readable DVD. CIS would do so upon Termination at no cost to the User_ User shall then delete the System(s) from all Servers and Workstations, and deliver to CIS the originals and all copies (whether partial or whole, and regardless of form) of the System(s) and related materials within ten (16) calendar days. (b) Option 2: In Option 2, the User may continue to have "Limited Use" of the System(s). Limited Use is confined to access of Records for View, Inquiries and View Reports and Print under Annual Renewal of the Agreement. The Limited Use restricts Entry and Update of Records in RMS, CPS and JMS Systems as applicable. All use of MCS is eliminated. CAD and RMS Records created from MCS Mobiles are stored in the CAD and RMS Database and are similarly accessible as CAD and RMS Records. The Annual Renewal Fee for Second Option, for the Limited Use, is 40% of the then current Annual Renewal Fee for the Systems as applicable under the Agreement. 9. User may desire to purchase other System(s) in addition to those listed on Page 1 of this Agreement. CIS agrees to add said Systems) to this Agreement at the then current CIS price by written Amendment in accordance with Paragraph H.9 below. 10. Other governmental agencies may purchase Systems) using this Agreement. at the then current price, terms and conditions. 11. The Specifications including but not limited to Features, Functions and Data Elements ("Specifications") of the System(s) listed on Page 1 of this Agreement are specified only in the applicable Addendum on said Page 1 _ CIS reserves the right to change said Specifications without notice. CIS will provide software in said New Releases that will preserve User's data when changes are made to the System(s) and Specifications in said New Releases. 12. The User may purchase additional CIS Systems under this Agreement at the then current prices in accordance with Paragraph H.9 below. B. WARRANTIES AND INSURANCE 1. Warranty CIS warrants that each CIS System will provide the features and functions as specified in the applicable Addendum listed on Page 1 of this Agreement for one (1) year from Acceptance of the Basic Program Products as defined in the Agreement, Addendum M(2) and Addendum C, Paragraphs 3.5.2 and 3.6.3 hereto so long as the System(s) are properly used in the machine environment as specified in Section G.0 below. The User understands, however, that errors may exist or occur in the System(s), and CIS does not warrant that operation of the System(s) will be 2 PARIS POLICE DEPARTMENT TEXAS 08-22-2007 LICENSE AGREEMENT #345 uninterrupted. CIS will respond to any reported error condition as specified in Paragraph ❑ below. THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, EXCEPT AS EXPRESSLY STATED HEREIN. 2. Insurance CIS is an Illinois Corporation and carries General Corporate Insurance with a $2,000,000.00 limit and the User shall receive at least 30 days notice before the insurance agreement may be cancelled for non-payment or otherwise. CIS' coverage also includes Workman Compensation, Automobile Coverage and insurance of Property of Others while housed at CIS. Any Other Insurance requested by the User that is provided by CIS will be at User's expense as long as the Other Insurance remains in force and premiums are received by CIS in a timely fashion. Annual premium renewal payments must be received by CIS from User twenty-one (2 1) days in advance of the premium due date for said Other Insurance. At the User's request, CIS will furnish the User with a Certificate of Insurance naming the User as an Additional Named Insured. C. LIMITATION OF LIABILITIES CIS' liability for damages (regardless of the form of action, whether in contract or tort) shall in no event exceed that amount paid by the User to CIS during the preceding twelve (1 2) month period for the specific System as to which the claim(s) arose. Under no circumstances shall CIS be liable for indirect, special, exemplary, incidental or consequential damages, including, but not limited to, loss of anticipated savings or profits, loss resulting from business or operations disruption, loss of records or information, or effects on services, persons and other systems even if CIS knew or should have known or had been advised of the possibility of such damages. No action, whether based on contract, strict liability or tort, including any action based on negligence, arising out of the performance of services under this Agreement, may be brought by either party more than one (1) year after such cause of action accrued, except that an action for non-payment may be brought within two (2) years of the date the payment was due. D. SOFTWARE MAINTENANCE SERVICES AND SUPPORT SERVICES CIS agrees to provide Software Maintenance and Database Maintenance for the System(s) and will make all reasonable Efforts to "Correct Errors" reported by the User. An "Error" is defined herein as the failure of a System to substantially meet the specifications in the applicable Addendum when the User has maintained his hardware, related hardware system software and networks in accordance with the provisions of Paragraph AA and G.fi. l•7 PARIS POLICE DEPARTMENT TEXAS LICENSE AGREEMENT #345 Efforts to Correct Errors are defined as the technical measures taken by CIS' analysts/programmers to resolve/eliminate an Error that has occurred in the use of the System. Such Efforts shall take the form of a Configuration Change, Code Table Adjustment or Modification of a Software Program. A "Hot Fix" is a Modification made to a Program Software that may be released to the User(s) upon completion and testing. Hot Fix Modifications Software Programs may be made only to Software Programs that are not "Cascade Software Programs." Cascade is defined as Software Programs that are linked to other Software Programs. A Hot Fix will be released upon Modifications and Test of the Software Program. A Modification that involves a Cascade Software Program may involve Modifications to numerous other Software Programs. A modified Cascade Program will be released with the next New Release when the entire System(s) are subject to Q&A. Configuration Changes and Code Table Adjustments may be made shortly after the Error is diagnosed. Should CIS find that a reported Error or Performance Problem is not in its System(s) or operational procedures, CIS will advise the User accordingly. In the event that the error or performance problem has resulted from the current facility environment (power, HVAC, UPS, etc.) of the System(s) by the User, CIS will advise the User and the User will take measures to maintain the proper machine environment recommended by CIS per Paragraph G.fi. If the Error or Performance Problem is a result of User modifications, third party software and/or access due to lack of User compliance with Paragraph AA, or unreported Workstations, CIS will advise the User and the User will cooperate with CIS to remove all User modifications and/or third party access and/or upgrade hardware related said unreported Workstations. CIS agrees to provide Software Support Services "Support" to assist User personnel by telephone with questions relating to the functional operation and technical issues of the System(s). Support shall be provided by telephone during normal business hours on weekdays. CIS will use the Go -To -Assist System to facilitate direct access to a User's Workstation. This facility enables CIS -to render direct and immediate support to the User reporting an Error or requesting Support. CIS agrees to provide Support by telephone for "Emergency Events" on a 24 hour, 7 day basis. User may define Emergency Event. CIS will assist the User and hardware/network vendor(s) in diagnosis of and restoration of a System outage due to hardware/network problems. User agrees to maintain, at all times, a valid backup copy of the entire System Library and most current backup of the data files to enable restoration of the System(s) when required. User agrees to provide CIS wideband electronic access to User's Server and Workstations, including using VPN and PC Anywhere, to enable and facilitate CIS' Maintenance and Support Services. CIS maintains an FBI/CJIS Facility Security Plan and its management and program staff involved in Maintenance and Support Services have FBI clearance for that purpose. C: PARIS POLICE DEPARTMENT TEXAS UCEN5E AGREEMENT #345 08'-22-2007 The above Services shall be provided by CIS to the User for the System(s) on the User's Computer under the conditions that the User is not in default of the Agreement, that the User has made all payments in accordance with this Agreement, and that the User has renewed the Agreement in accordance with Paragraph G.2 in a timely fashion. E. INSTALLATION AND TRAINING SERVICES 1.0 CIS provides the Installation and Training that is generally described in this Paragraph E and in detail in Addendum C, Statement of Work. 2.0 Installation Services 2.1 Preparation of the System(s) will be performed at the CIS facility in Skokie, Illinois. 2.2 Computer Hardware (Servers and Workstations) is required for operation of the System(s). CIS will provide the User with the Computer Hardware Specifications required to support the workstations, beds and transaction rates specified by the User for the Systems). 2.3 The User's Server shall be loaded by User with Windows Server 2003 and SOL 2005 at the User's facility after the User has installed the CIS specified Computer Hardware. 2.4 Installation of System{s} shall be performed at User's facilities by CIS electronic download to Users Computer Hardware. 2.5 CIS will configure the Computer Hardware and System{s} for operation over User's Network. 2.6 In the event the User requests CIS to provide Other Program Products including Computer Hardware, CIS will provide said Other Program Products on a turnkey basis under an Amendment(s) to this Agreement. 3.0 User Training performed by CIS for the System(s) includes Management Orientation and Training for management personnel and Operations Training for personnel for the Systems). The Management and Orientation Training for the operation staff is conducted at CIS. Operational Training for staff personnel is conducted at User's facility. 4.0 Costs for the System{s} Training and Installation Services that will be provided by CIS are specified in Addendum A of this Agreement. 5.0 Additional Training and Installation Services beyond those specified in Addendum A and C are available at the rates in effect at the time such services are requested. Additional travel and living costs incurred by CIS personnel in connection with on- site services, in addition to that specified herein, are biliable at additional cost to the User. 7 PARTS POLICE DEPARTMENT TEXAS LICENSE AGREEMENT #345 ©8-22-2007 6.0 User is responsible for all other User's costs in connection with the installation and Training Services provided by CIS including User's travel and diem expenses of User's personnel. In the event User desires a User's Server and Workstation during Management Training rather than CIS' Server and Workstations), User will be responsible for shipment costs to and from CIS. 7.p One (1) initial set of manuals consisting of one (1) hard copy and one (1) soft copy on MS Word Diskette will be provided the User and Additional User(s) for each System acquired. The User may reproduce additional copies for internal use only. The User will receive, free of charge, one (1) soft copy of each new manual update released by CIS for the System(s). Additional copies may be purchased by the User at current prices plus shipping charges. 8.0 The User may video or audio tape for its own use any training session provided by CIS. The User agrees to limit access to such tapes, to refrain from disclosing such tapes, and to keep such tapes confidential in the same manner described in Paragraphs A.4 and A.5 above. F. CONFIGURATION SERVICES 1. CIS will provide only the Configuration Services under this Agreement as described in this Paragraph F. 2_ CIS will provide a custom header on displayed menu screens. 3_ CIS will provide a custom header on all printed reports. 4. CIS will provide the User with an Implementation Guide for code table customization, geofile instructions and documentation requests. The User will use said Guide to prepare users for geofile entry training and to provide CIS with the required customization documentation_ CIS will use this User documentation to prepare the Systems. 5. CIS provides the User with customization of a single set of code tables. The code tables %Will enable the User to display screens and print reports in which the certain parameters are User defined. Entries defined by CIS, State or Federal agencies are not subiect to change by the User. 6_ No customization to any System, other than those described in the above Paragraphs F.1 through F.5, will be performed under this Agreement, including without limitation, changes to field titles, report titles and processing logic, unless such additional customization and the charges for same are specifically described in a specific written Addendum or Amendment to this Agreement and itemized in Addendum A. N. PARIS POLICE DEPARTMENT TEXAS LICENSE AGREEMENT #345 G. ADDITIONAL CONSIDERATIONS 08-22-2007 CIS recognizes that this License Agreement shall commence upon the Effective Date herein and continue in full force and effect until termination in accordance with its provisions. CIS and the User recognize that the continuation of this Agreement after the close of any given fiscal year of the City of Paris, which fiscal year ends on September 30th of each year, is be subject by law to Paris City Council approval. In the event that the Paris City Council does not approve the appropriation of funds for this Agreement or any other public safety dispatch, records or mobile system, this Agreement shall terminate at the end of the fiscal year for which funds were appropriated and the parties hereto shall have no further obligations hereunder except as provided in Paragraph A.S above. User warrants that it has encumbered funds of the Payment due on execution of this Agreement as specified in Addendum A, Paragraph B below. 'I. Payment Schedule The License Fee(s) and Service(s) costs are due and payable as specified in Addendum A hereto. 2. Annual Renewal Procedure The Annual Renewal Fee is due and payable on each anniversary of the Date of the Acceptance of the Basic Program Products as defined in Paragraph 13.1 above. This fee provides for continued use of the System(s), for the Maintenance Term as specified in Paragraph A.2 above, any new releases of the Systems), software maintenance and software support in accordance with Paragraph D, and continuance of the Warranty provided in Paragraph B, during each renewal period. New releases of the System(s) scheduled in this Agreement do not include new systems or products marketed and sold separately by CIS for the same user application. Failure to pay the Annual Renewal Fee within thirty (30) days after written notice by CIS will automatically terminate this Agreement, and User must immediately return the System(s) in accordance with Paragraph A.& CIS reserves the right to adjust the Annual Renewal Fee for the System(s). CIS agrees to limit any Annual Renewal Fee adjustment to a cumulative annual increase of 5% per year of the original Annual Renewal Fee. CIS will provide notice of any fee adjustment at least 120 days prior to the then current anniversary date. 3. Taxes The License Fee and Annual Renewal Fee do not include taxes. If CIS is required to pay any sales, use, excise or other taxes (whether federal, state or local) imposed with respect to this Agreement or license, such taxes shall be billed to and paid by the User. Taxes based on CIS' net income or assets shall be the sole responsibility of CIS. �6] PARIS POLICE DEPARTMENT TEXAS LICENSE AGREEMENT #345 4. Non -Renewal or Termination By CIS OS -22-2007 (a) In the event that the User offers to renew this License Agreement in accordance with Paragraph G.2 above and CIS (or its assignee) does not accept said offer, CIS agrees to grant the User a perpetual single computer non -transferable object code license for the System(s). (b) In the event the User is granted a perpetual object code license under the provisions of G.4(a) above, User shall continue to be bound by all the terms contained in this License Agreement except the terms regarding continued or subsequent renewals_ (c) In the event CIS goes out of business and there is no successor, CIS will provide the User with a copy of the source code. 5. Delivery The Estimated Delivery Schedule is detailed in Addendum B and C. CIS does not warrant a Specific Delivery Schedule because: (1), System's implementation tasks must be completed, often serially by CIS and User; (2), User Schedules and operations are subject to change without notice due to unforeseen events; and (3), technical problems may arise from User's System and/or other concurrent projects that will adversely affect all CIS' implementation Schedules. 6. User Responsibility The User is responsible for creating and maintaining a proper machine environment, to CIS' and Manufacturers' applicable specifications, for the User's Computer(s), including any and all site preparation facilities (HVAC, Electrical, LAN, Network(s), etc.), and for all computer hardware and hardware related system software, database, data conversion, and for data input costs, directly and indirectly related to the utilization and performance of the System(s) furnished hereunder, whether or not the User has been notified by CIS of said equipment, hardware and software, labor and materials costs and facilities requirements, even if CIS has been advised of said requirements. The User is responsible for all the above in order to be fully prepared for installation of the System(s) by CIS. User is responsible for advising CIS if any condition exists which would prevent installation of the System(s). Failure of the User to provide CIS with fourteen (14) days notice of any condition which would prevent installation of the System(s) will make the User liable for any incidental additional labor, travel or per diem costs experienced by CIS. Performance of the System(s) on the Users computer, networks and database are subject to factors beyond the control of CIS. User is responsible for any computer, network and database hardware, software and services, and upgrades thereto, that may be required to achieve and maintain over time the performance desired by the User under any and all operating environments encountered by the User when using the System(s). 10 PARIS POLICE DEPARTMENT TEXAS 08-22"2007 LICENSE AGREEMENT #345 T. License Fee Basis and Additional License Fees (a) The License Fees listed in Addendum A for each System (CAD, RMS, CPS as applicable) are based on the maximum number of attached Work Stations (WS} that will be used to access each System regardless of frequency of access of any given WS. User agrees to notify CIS on at least an annual basis of any incremental increase in WS for each System over that listed in Addendum A. The License Fee for JMS is based on the number of Beds. (b) User agrees to pay the incremental increase at the then current License Fees for the incremental increases in WS and Beds within two (2) months of receipt of invoice from CIS. (c) Notwithstanding the above, if any System listed in Addendum A is specified as "Enterprise", no additional CIS System's License Fees will be due for increases in WS or Beds as applicable. H. GENERAL TERMS 1. CIS certifies that it has title to or a proprietary right to license its Systems). CIS will defend the User against any claim that one of its Systems covered by this Agreement infringes a U.S. patent or copyright, provided that the User promptly notes CIS in writing of the claim and CIS shall have control of the defense and all related settlement negotiations. The User shall cooperate with CIS in every reasonable way to facilitate such defense. Under the aforesaid conditions, CIS will pay the resulting costs, damages and attorney's fee finally awarded. 2. The System(s) and related materials shall at all times remain the properly of CIS and subject to the provisions of this Agreement. However, the User shall maintain ownership of User's data entered in the database tables generated by the User using the CIS System. User agrees and acknowledges that in the event User terminates Agreement for any reason including non-payment of the Annual Renewal Fee, access to said User's data will be subject to the provisions of Paragraph A.8 above. in the event CIS terminates this Agreement in accordance with Paragraph G.4, the provisions. of GA shall apply to access to User's data. 3. User agrees to dedicate the User's Computer (Server(s) and database) exclusively to CIS System(s) and any other required software that CIS has approved. User shall exclude all other application code or software products. In so doing, User will avoid exposing the System(s) to incompatibility problems, performance problems, and unauthorized access. Multiple applications will compromise CIS' ability to take responsibility and provide continued database responsibility and System's optimum performance because different applications have unique requirements including performance tuning. 11 f MYS POLICE DEPT RTMENT TEMS 08-22-2007 LICENSE ACREEME #345 User agreed to make no changes to the User's Computer, systems software or network wit out prior notice to CIS and review and authorization from CIS. In the event that User desires CIS to manage and Ioad all Software Updates and/or provide 24 7x385 Network Diagnostics and support, CIS will provide a written proposal to add these services to the Agreement. 4. The User authorizes CIS to use its name as a reference for the CIS System(a) covered by his Agreement, 5. Acceptance of the Basic Program Products shall be governed solely by the provisions olf Addendum M(2). Acceptance of the Special Program products and Other Progr m products shall be governed solely by the provisions of Addendum R(3). 6. User acknowledges that the System(s) and Services purchased under this Agreement �re commercial off-the-shelf computer software and services incidental to installation and training of users of said System(s). Services da not include consulting, gngineenng, works -for -hire or custom software development. CIS does not offer or provide consulting, engineering, works -for -hire or custom software development. 7. This Agree Tent shall be deemed to be execrated in Skokie, Illinois, U.S.A. and shall Ko ^I by the internal laws {not choice} of the State of Texas. The parties hereto agreel that the jurisdiction and venue of any court action or proceeding brought byser against CIS hereto for the enforcement of any provision of this Agreement all be proper solely in the Circuit Court of Cools County Illinois or the U.S. District Pourt of Northern Illinois at Chicago, at User's sole option, and nowhere else. The parties further agree that the jurisdiction and venue of any court action or progeeding brought by CIS against User for the enforcement of any provision of tois Agreement shall be proper solely in the 62"`r or Gtr! District Court of Lamar County Texas or U.S. District Court of the Eastern Texas at Beaumont, at CIS' sola opt �1on, and nowhere else. A counter claim may be filed by either party only in the vInue of the original action. 8. This Agreem nt and the referenced Addenda and any attached Amendment(s) constitute the entire Agreement between the parties, and no representation, condition, ungerstarlding or agreement of any kind, oral or written, small be binding upon the parties unless incorporated herein. In the event o a dispute between the parties hereto with regard to any specifications{ terms or conditions, the order of precedence shall be this Agreement, any additiona User's contact documents and/or purchase orders to be attached hereto. g. The User has undertaken on investigation and procurement of a replacement for its existing public safety system(s) for its Police Department. This Agreement i5 in 12 i a 7TJPC1 -4rk1,4 n-tkIT bM5M;C741iOT r-7 'C7 1[2M7177fon response to an award of said procurement to CIS, Resolution No. 2007-051, by the Parls City Council on May 14, 2007. 10. This Agreement shall be null and void unless accepted and duly executed by User and received by CIS by the date of October 1, 2007, CIS may extend said date in writing. 11. Signatures of Acceptance below will constitute an Agreement. Tgm OM1 I • CITY OF PARIS T AS "ST �4 A& SIGNATUR' NAME: Ernest R. Clark TITLE, Enterim City Manager SATE,.,— August -27, 20,07 -- APPROVED AS TO FORM: SIGNATIJRE: -7 NAME: W. Kdnt Mellyar TITLE: City Attorney DATE.- AUZUSt Z7, 2007 490:101 11 1111 0 a 1 1.19 13 7A/7A n -AH T �� � rl,-4wn,) tPAR� P1 q/ t?RT 7A :FA i AA7 177 Yr,',R PARIS POLICE DEPARTMENT TEXAS LICENSE AGREEMENT #345 ADDENDUM A COST AND PAYMENT SCHEDULE A. SYSTEM(S), SERVICES AND PROGRAM PRODUCT COSTS 1. BASIC PROGRAM PRODUCTS CAD (4 WS @$ 10,000.0011NS) RMS (43 WS) Total Program Products 2. SPECIAL PROGRAM PRODUCTS CAD-TLETS Interface (Satellite) CAD -E911 Interface CAD -Map Centric Phase 1 and 2 Interface (CAM) CAD -Map Crime Analysis Map System (CAS) Image Gateway System FireHouse5 Records System Interface (ERS) CRD-Ortivus Interface MCS (20-30 Mobiles) • MCS CAD Client (10 Mobiles) ■ MCS CAD-EMS/Fire Client Q EMS, 5 Fire Mobiles) ■ MCS RMS Client (10) ■ MCS TLETS interface • MCS Map Client (23 Mobiles) AVL Server (Unlimited) • AVL CAD Map Interface • AVL Mobile Map Client (23 Mobiles) Total Special Program Products 3. OTHER PROGRAM PRODUCTS Total Cather program Products 4. SERVICES Installation Records Conversion Training (12 Days [On -Site @$ 1,200.041Day) Travel and Diem. First Year Maintenance and Support. Total Services 5. PREPAID ANNUAL RENEWAL 08-22-2087 SOFTWARE LICENSE FEE $ 40,000.00 81,000.00 $121,000.00 $ 15,404.00 $ 10, 000.00 $ 15,000.00 $ 15,000.00 $ 10,000.00 $ 10,000-00 $ 5,000.00 $ 20,000.00 $ 8,000.00 $ 10,400.00 $ 7,600.00 $ 15,000.00 $ 4,200.00 $ 10,000.00 $ 15,000.00 _ 6.300.00 $ 24,000.00 $ 30,000.00 $ 14,400.00 INCLUDED $ 20,000.00 $ 176,500.00 NONE $ 88,400.00 Warranty, Maintenance and Support $ NONE GRAND TOTAL $ 385,900.00 B. PAYMENT SCHEDULE Hate License Fees Services Maintenance and Support August 2007* $121,965.00 $ 00.00 $ 20, 000.00 August 2008 $ 121,967.00 $ 00.00 $ 20,000.00 August 2009 $ 121,967.00 $ 00.00 $ 20,000.00 *Contract execution 14 Total Payment $ 141, 966.00 $ 141,967.00 $ 141,967.00 PARIS POLICE DEPARTMENT TEXAS LICENSE AGREEMENT #345 08-22-2007 C. CURRENT ANNUAL YEAR 2010 AND BEYOND LICENSE RENEWAL FEE FOR SYSTEM(S): CAD, RMS MCS AVL CIS Interfaces D. TERMS $ 16,000.00 $ 6,000.00 INCLUDED INCLUDED Total $ 22,000.00 Net due upon receipt of Invoice as scheduled above. E. ADDITIONAL LICENSE FEES CAD $ 90,000.00 per WS RMS $ 2,000.00 per WS MCS Server (Unlimited) $ 10,000.00 MCS CAD Client $ 800.00 per Mobile MCS CAD-EMS/Fire Client $ 800.00 per Mobile MCS RMS Client $ 500.00 per Mobile AVL Mobile Map Client $ 300.00 per Mobile MCS Map Client $ 200.00 per Mobile F. This Agreement does not include any Third Party Products, including but not limited to computer servers, networks, workstations, bar code products, scanners, cameras, AVUGIS products, etc. or related installation and maintenance (Other Products). User shall consult with CIS to obtain specifications for said Other Products required for compatibility and satisfactory performance of the Systems. 15 PARIS POLICE DEPARTMENT TEXAS LICENSE AGREEMENT #345 ►-1107ill =1► Ipill 6 1 DELIVERY SCHEDULE 08-22-2007 The Delivery Schedule detailed below represents a minimum time estimate based on a current starting date. The average times experienced with users is nine (9) to twelve (12) months and is largely dependent on the number of System(s) and agencies involved. The actual schedule will depend upon the actual date of receipt of order, and may be extended based on User's(s) schedules, technical problems and other factors beyond the control of CIS. Delivery of Special Program Products may extend the Schedule. The minimum thirty-six (36) estimated schedule below is After Receipt of Order (ARO)-- TASK ARO): TASK 1. Task 1 -Documentation 2. Task 2 -Special Program Products Generation 3. Task 3 -Other Program Product(s) Specification and Procurement and Delivery as applicable 4. Task 4 -Basic Program Products Generation 5. Task 5 -Management Training, Orientation and Systems) Acceptance 6_ Task 6 -installation at User Site, Systems Acceptance Verification and Agency Preparation 7. Task 7 -Final Installation and Personnel Training ARO 8 weeks 16 weeks None 28 weeks 30 weeks 31 weeks 36 weeks 8. Task 8 --One (1) Year CIS Systems Warranty, Maintenance and Support commencing on the Date of Acceptance Verification of the Basic Program Products in Task 6. Wv PARIS POLICE DEPARTMENT TOGAS 08-22-2007 LICENSE AGREEMENT #345 ADDENDUM C STATEMENT OF WORK (SOW) 1.0 GENERAL This SOW details the services that will be performed by CIS in connection with products to be provided and the User's responsibilities related thereto under this agreement. 1.1 DELIVERABLE PROGRAM PRODUCTS The Deliverables under this Agreement: 1.1.1 Basic Program Products (Software) Computer Assisted Dispatch (CAD) System Records Management System (RMS) 9.1.2 Special Program Products(Software) CAD-TLETS Interface (Satellite) CAD -E911 Interface CAD -Map Centric Phase 'I and 2 Wireless CAD -Map Crime Analysis Map System FireHouse5 Records System Interface CAD-Ortivus Interface Image Gateway MCS Server • MCS CAD Client MCS CAD-EMS/Fire Client • MCS RMS Client • MCS TLETS Interface MCS Map Client AVL Server • AVL, CAD Map Interface • AVL Mobile Map Client Records Conversion 1.1.3 Other Program Products None 1.1.4 Manuals Security Manual Code Table Manual RMS Trainer Guide RMS Operator Guide MCS User Manual CAD Trainer Guide 17 PARIS POLICE DEPARTMENT TEXAS LICENSE AGREEMENT #345 CAD Operator Guide Geofile Manual MCS Users Guide 9.2 SERVICES Service limitations are detailed in Paragraph 8.0. 1.2.1 Administrative Services Project Manager 1.2.2 Delivery Services Customization Installation Management Training and Orientation Personnel Training 1.2.3 Warranty, Maintenance and Support 2.0 ADMINISTRATIVE SERVICES DS -22-2007 CIS will provide administrative services for the CIS tasks in this SOW. CIS will appoint Jonathan Yefsky Project Leader (Supervisor) who will have responsibility for the administration and coordination of C1S' activities. Project leadership duties include: Serve as primary contact person with the User. With the User's Project Manager, discuss this Agreement, this Statement of Work, and the Change Order Procedures in the event the User requests changes that involve additional money and/or time. Provide orientation for new CIS project team members. Establish and administer detailed CIS project work plans (PERT Charts) and revise for changes in Schedules based on events. Provide brief email notices to User when certain taskslevents are to be scheduled as detailed in Paragraph 3.0 below. Coordinate and Supervise CIS and Subcontractor, if any, Work On -Site. 3.0 DELIVERY TASKS CIS will perform the following tasks under this Agreement, consisting of: (1) tasks which are normally required and incidental to CIS' preparation and delivery of system software, User orientation, testing, installation and training of its System(s), and (2) the iE PARIS POLICE DEPARTMENT TEXAS LICENSE AGREEMENT #345 08-22-2007 delivery of Computer Hardware and any other products or services that may be added under the Change Order Procedures detailed in Paragraph 7.0 below. 3.1 TASK 1 -DOCUMENTATION 3.1.1 CIS will provide the User with customization forms to enter data and requests for documentation. 3.1.2 Assist User by phone and one (1) on-site visit in fulfilling documentation requests_ User will schedule the on-site conference including all Additional Users as applicable. 3.1.3 Review the Code Table requirements with User and document existing Users' operational methods. 3.1.4 Review by phone with User the documentation received for completion. This Task is complete when CIS receives its required Documentation from the User. 3.2 TASK 2 -SPECIAL PROGRAM PRODUCTS GENERATION (AT CIS) 3.2.1 CIS will initiate individual sub -tasks for preparation of the following: o CAD-TLETS Interface (Satellite) o CAD -E911 Interface o CAD -Map Centric Phase 1 and 2 Wireless o CAD -Map Crime Analysis Map System o FireHouse5 Records System Interface o MCS Server o MCS CAD Client a MCS CAD-EMS/Fire Client o MCS RMS Client o MCS TLETS Interface a MCS Map Client 3.2.2 The following Special Program Products may be delayed delivery: o Records Conversion o AVL Server a AVL CAD Map Interface o AVL Mobile Map Client o GAD-Ortivus Interface o image Gateway T PARIS POLICE DEPARTMENT TEXAS LICENSE AGREEMENT #345 08-22-2007 3.2.3 Conversion (See Addenda T(3)(8) for Specifications) is not started until the CIS System goes live and will take at least several months based on the current schedules. This Task is complete when CIS generates the Special Program Products. 3.3 TASK 3- OTHER PROGRAM PRODUCTS SPECIFICATION AND PROCUREMENT AND DELIVERY AS APPLICABLE - None 3.4 TASK 4 -BASIC PROGRAM AND SPECIAL PRODUCTS GENERATION (AT CIS) 3.4.1 Reformat User documentation received by CIS in Task 1 into Code Tables. 3.4.2 Generate Systems for User on the CIS Servers. 3.4.3 Enter sample User records and sample geofile records. 3.4.4 Test User Systems. This Task is complete when CIS generates the System(s). 3.5 TASK 5 -MANAGEMENT TRAINING, ORIENTATION AND SYSTEMS ACCEPTANCE (AT CIS) 3.5.1 Management Training and Orientation is conducted at CIS when Task 1, Task 2, Task 3 and Task 4 are completed. 3.5.1.'1 Conduct Management Orientation and Training at CIS for User personnel. 3.5.1.2 Train User an Geobase preparation, Code Table Maintenance and Security. 3.5.1.3 Establish with User the Plan For Transition to the System(s). 3.5.2 System(s) Acceptance The System(s) Acceptance of the System(s) generated in Task 3 above will be conducted on a CIS Server and Work Stations). CIS will conduct the Acceptance of Basic Program Products in accordance with Addendum M(2). Demonstration by CIS that the Basic Program Products are operational and function in accordance with the applicable Addendum for each System(s) shall constitute System(s) Acceptance for Delivery. 3.5.3 Special Program Products co PARRS POLICE DEPAkTMIENT TEXAS LICENSE AGREEMIENT #345 08-Z2-2007 The Acceptance for Special Program Product(s) is detailed in Addendum R(3). The accQptance procedure may be performed on a phased basis upon delivery of each $peclal Program Product(s)- 3.5.4 Other Program Product(s) are accepted in accordance with Amendment 02 and Addendum R(3). 3.5.5 Train User for On -Site Readiness for On -Site Training. 3.5.6 Deliver a hard and soft copy of the Trainer Guide(s) and Operator Guide(s) for the System (s) for use in preparation of staff for on-site training. 3.5.7 User will execute Sign -Off Sheets for Training, Delivered .items, and Acceptances. This Task is complete when CIS provides User Training at CIS, Manuals and the Systems) Acceptance is conducted. 3.6 TASK &INSTALLATIONS AND SYSTEM ACCEPTANCE VERIFICATION 3.6.1 Initial Installation and Acceptance 3.5.2 Installation CIS will electronically install the System (including any Code Table additions and modifications from Task 5 above) on the User's Servers on completion of Task 5 above. 3.6.3 Acceptance CIS will Verify for the User that the System functions on User's Server(s) as Accepted at CIS. This. Verification completes Acceptance of the Basic Program Products, $Ystem(s) in accordance with Addendum M(2) and available Special Program Products' Systems in accordance with R(3). The day of Acceptance Verification is the Date of Installation of the System(s). This Task i's complete when the Systems) are installed and Acceptance is Verified. 3.7 TASK 7 --FINAL INSTALLTION AND ON-SITE PERSONNEL TRAINING 3.7.1 Final Installation Final installation will be performed electronically fay SIS ors the day prior to Task 7, -Site Training detailed below. CIS will review the initial installations) and 21 7.T fQQ tAr� i mv�q n -HT N`I-Mr_1WOD VGGLEL9Lb8T SZ =CZ LEBZJZZI80 PARIS POLXCiE D9AARTMENT TEXAS LICENSE AGRr: W ENT #345 08-22-2007 load any 'Updates that have been released during the time interval between the initial and the final installations. 3.7.2 CIS will provide up to seven (7) days of training ori Systems for User personnel. This level of effort will provide fifty-six (56) hours of training (from 8:00 AM to 5:00 PM), Management Training at CIS and On -Site Support during the first two (2) days of live operation. 3.7.3 Seven (7) types of Personal Training modules at Users Site can be provided as required ley the User as follows: ■ System Manager ■ Records Supervisor • Records operator/patrol officer CAD Supervisor • CAD Dispatcher • Field Supervisor/Detectives • Mobile Trainer 3.7.4 The System Manager, CAD and RIMS modules are eight (8) hours in length and may be attended by four (4) to six (6) personnel per session. All other modules are two (2) to four (4) hours in length and may be attended by four (4) to eight (8) personnel'per session. Sample Lesson Plants for modules are presented in Paragraph 6 below, 3.7.5 Additional training days require formal authorization by User and will be billed at $ 1,200.00 per day. User $hal€ estimate the number of persons to be trained for each System and advise CIS to adjust the Agreement amount far the actual number of days required. 3.7,6 On-site training will commence after completion of Task 6 and when User can schedule its personnel for training. It is assumed that the User may elect to go live immediately after training or have personnel browse the new System(s) for one (1) or more weeks to eater duplicated records in the software prior to live operation. 3.7,7 CIS will reset the database to remove practice records when the User advises CIS that the User will initiate "live" operations_ This Task is complete upon CIS' provision of the Training required. Actual days will be adjusted to the Users' requirements and invoiced accordingly for the number of allthor ized days that are used, 3.8 TASK 8 -WARRANTY, MAINTENANCE AND SUPPORT OF SYSTEMS One (-l) year of maintenance and support commences on the Date of installation of the Basic :Program Products on User's Server(s) in Task 5 above. 22 ZT/30 39Vd W315A5 OANI 2DZAWOO V29LEL908T GZ :EZ Li39Z/ZZI89 PARSES POLICE DEPARTMENT TEXAS 08.22-2007 LICENSE AGREEMENT #345 3,9 TASK 9- OTHER PROGRAM AND NETWORK SUPPORT CIS Support and License Monitoring of Special Program Products starts on the Date of Delivery to CIS or User if said Services and Network Support Services are included in applicable Amendment and specified in Addendum A- 4.0 USER RESPONSIBILITIES User will be responsible for the following tasks: 4.1 PROJECT MANAGEMENT OF HARDWARE, NETWORK AND DATABASE IMPLEMENTATION 4.1.1 Project management tasks in this Paragraph apply to any hardware, network, local LAN workstations, printers and software that is provided by the User from any other vendors). 4.1 .2 Obtain server, workstation, database and printer requirements from CIS_ 4.1.3 User shall dedicate Host System Servers provided to the CIS System(s) and exclude all other applications and third parties. CIS will maintain the SQL database. 4.1.4 User will manage the performance in connection with hardware, software and services provided by any other Vendor(s) associated with this Project. Included in this responsibility, User will facilitate direct contact between CIS and said Vendor(s) as required. 4.1.5 Provide CIS up-to-date User network and hardware information to facilitate CIS' access to workstations at remote User's Host Server Sites). 4.1.5 Provide CIS with copies of any reports and/or documentation that involves CIS. 4.2 CIS PROJECT 4.2.1 Purchase of all necessary equipment, software, materials, parts, installations, labor and services to provide a fully functional and operational Computer Hardware, support facility and network meeting all applicable CIS and manufacturer and industry standards and codes with the capacity to receive the installation of CIS Program Products and provide support of User's operational needs. 4.2.2 User shall assign a Project Manager and a System Manager upon installation of the CIS Program Products and Network Technology, The Project Manager and 23 PARIS POLICE DEPARTMENT TEXAS 08-22-2007 LICENSE AGREEMENT #345 System Manager will be the principal point(s) of contact between CIS and the User. Each Additional User, if any, small assign a Principal Contact for CIS. User shall be responsible for the performance of the Additional Users under the Agreement. 4.2.3 Provide User documentation as required in CIS Task 1 above. 4.2.4 Provide User's management level personnel at CIS at User's expense for Management Training as required in CIS Task 5 above_ Estimate hotel rooms at $'130.00 per day. 4.2.5 USERS WILL BE RESPONSIBLE FOR ANY TRAVEL AND DIEM EXPENSES FOR USERS' STAFF DURING THE COURSE OF THIS PROJECT. 4.2.8 Schedule and prepare User's personnel for on-site training as required in CIS Task 5 above. 4.2.7 Deliver to CIS with any Development Environments and/or Hardware as specified in the applicable Addendum_ 4.2.8 Contract with Vendor(s) for on-site LAN and Network maintenance and support and/or train staff for this purpose. CIS recommends that CIS provide Diagnostic NetworkAllliAN support for Projects involving remote sites and/or Additional User(s). CIS will provide a proposal. 5.0 ESTIMATED SCHEDULE CIS will commence performance of this Statement of Work within two (2) weeks after CIS receives an executed Agreement and Purchase Order. CIS will perform the tasks in accordance with the following estimated schedule relative to the availability date of the proposed System(s) as detailed in Addendum B. The following is the estimated minimum thirty-six (38) week schedule for the tasks in Section 3.0. Delivery of Special Program Products may extend the Schedule. 5.1 TASK 1 -DOCUMENTATION Documentation commences upon contract start and generally takes eight (8) weeks to complete. Actual time depends largely on the User. 5.2 TASK 2 -SPECIAL PROGRAM PRODUCTS GENERATION Development of each conversion is estimated at eight (S) or more weeks after receipt of documentation and specified files from the User agency. See applicable Addenda details. Actual start will commence after User goes into live operations and enters no more records or updates to their existing systems(s). 24 PASS POLICE DEPARTMENT TEXAS LICI�NSE AGREEMENT #345 08-22-2007 Other Special Program Products may also be delayed such as Interfaces because_ they depend on third party product delivery and availability of their specifications, equipment and test facilities for use by CIS. 5.3 TASK 3 -OTHER PROGRAM PRODUCTS, SPECIFICATION, PROCUREMENT AND DELIVERY AS APPLICABLE - None 5.4 TASK 4 -BASIC PROGRAM PRODUCTS GENERATION Generatipn by CIS commences after completion of Task 1 and Task 2 and takes twelve (12) weeks. 5.5 TASK 5 -MANAGEMENT TRAINING, ORIENTATION AND SYSTEM ACCEPTANCE Management training and orientation commences after System generation in Task 3 or after the hardware systems (Network Technology, User Network Connectivity and Users' Local CANS, Workstations and Printers) are installed and WHY operational, whichever is later. For planning purposes, two (2) weeks will be allotted for this task although the User may have a scheduling problem. 5.5 TASK 5 -INSTALLATION AT USER SITE, SYSTEM ACCEPTANCE AND AGENCY PREPARATION System installation and Acceptance Verification at the User site will be one (1) week after Task 5. 5.7 TASK 7 -PERSONNEL, TRAINING Personnel training will commence when User can schedule its personnel for training within a one (1) week period. The actual start of training will begin after the User completes specific tasks such as completion of the geofile and tables including each employee's security profile (for which CIS will traDade in the User). 5-$ TASK S -ONE (1) C'S SYSTEMS YEAR WARRANTY, MAINTENANCE AND SUPPORT The one (1) year warranty, maintenance and support period commences capon the pate of Acceptance Verification of the Basic Program Products. 25 7TE)P 7t)WA rl—IWT ?t [CLJ1slf11 +7 PP r' Cq)t7PT C-7 :C7 1G11A.7177JOYa NARIS POLICE DEPARTMENT TEXAS LICENSE AUREEMENT #345 6.0 CIS LESSON PLANS (Sample Content) The following training modules are available, System Manager Records SUPervisor Records Operator/Patrol Officer CAD Supervisor CAD Dispatcher/Call Taker Field Supervisor/Detectives MCS Train the Trainer 08-22-2007 The lesson plans detailed below are general. These Plans may be amended during the course of the project, The actual course content will vary according to the actual Systern(s) modules used by the personnel being trained. 6.1 SYSTr=M MANAGER LESSON PLAN 6.1. `i Hardware System Security A. System Server Security • Restrictions on Systems Software Changes ■ Limiting Connectivity ■ Restricting Server(s) to CIS System B. System Sign -On Security • System Access Based On Profile • System Access Menus ■ Examine menus and Options as related to the individual job function s Individual vs. Group Profiles 6.1.2 CIS MSS SECURITY A. Security • individual vs. Group Profiles f Access to CAD 0 Access to ModulesfYabs B. ❑rill Manager until comfortable 26 TI80 �t1d Wl1EShq n -IN T Agfn,4Wnn bG�P)�')Q]t,QT C-7 1C17 InM7?77?Orn PARIS POLICE DEPARTMENT TEXAS 08-22-2007 LICENSE AGREEMENT #345 6.1.3 TABLE MAINTENANCE A. Do entry of new codes/descriptions B. Do description change • Drill until competent C. Discuss ramifications of removing/changing codes/description • Once in table, should not be taken out/change description ■ Many records already dependent on codeldescription • "Reports/Special Searches" or no description show on displays/printouts 6.1.4 BACK UP OF SYSTEM/DATA FILES A. Discuss Frequency B. Discuss archival C. Do back up to illustrate ease 6.1.5 PTF PROCEDURE A. Explain electronic procedure B. Unless emergency, PTFs will be downloaded during "Normal Business Hours" • Call CIS first • Insure support personnel will be available in case of trouble C. Check with CIS first on Operating System PTF's/Upgrade before purchase. Serious problems may result with any Operating System changes not authorized by CIS. 6.1.6 NEW RELEASES A. Explain new releases will be electronic B. Manual Updates • Updates will be electronic and require that the agency edit the new update to include its own procedures_ 6.1.7 HARDWARE ISSUES 6.1.8 TELEPHONE MAINTENANCE A. Form 27 PARIS POLICE DEPARTMENT TEXAS LICENSE AGREEMENT #345 B. Support C. Day/Night Number • Emergency only services after regular business hours D. Procedure Activity at time of problem • Error Messages 6.1.9 EMERGENCY PREPAREDNESS A. System Back-ups B. Emergency Numbers ■ System Managers Number(s) ■ Hardware Problems • CIS Number -Software Problems • Master Security Documents 6.2 RECORDS SUPERVISOR LESSON PLAN 6.2.1 INTRODUCTION A. System Security/Sign On Procedure B. Explain Menu Options as they pertain to job function C. RMS Security/Sign On Procedure D. Explain Window Menu Bar E. Explanation of Modules/Tabs F. Explanation of Menu Box 6.2.2 RMS TRAINER GUIDE AND OPERATOR GUIDE A. Show the Manuals and explain how organized 08-22-2007 6.2.3 DATA ENTRY TRAINING Use the Trainer Guide to train with the student using the Operator Guide. 6.2.4 DISCUSS RMS MANAGEMENT A. Tables, especially IBR Tables PARIS POLICE DEPARTMENT TEXAS 08-22-2007 LICENSE AGREEMENT #345 B. Monthly N I BRS Reports 6.3 RECORDS OPERATOR LESSON PLAN 6.3.1 INTRODUCTION A. System Security/Sign On Procedure B. Explain Menu Options as they pertain to job function C. RMS Security/Sign on Procedure D. Explain Window Menu Bar E. Explanation of other Modules/Tabs F. Explain Menu Box 6.3.2 DATA ENTRY A. IBR Menu 1. Explain Tab Data Organization B. Data Entry 1. Use/Demo get CFS a. Explain new Incident entry at this point instead of from dispatch 2. Field by Field entry a. Intro "HELP" function b. intro Tab Navigation 3. Explain N1BR, State and Local Incident Selection 4. Explain Administration 5. Explain Offense 6. Explain Victim 7. Explain Offender & Explain Property 9. Explain Vehicle 16. Explain Arrest 11. Explain Witness/Contact 6.3.3 SEARCH MENU A. Search by Name 1. Selecting a record to import data 2. Selecting a record to view/update 3. Selecting a case to view/update PARIS. POLICE DEPARTMENT TEXAS 08-22-2007 LICENSE AGREEMENT #345 B. Search by Incident # 1. Selecting record to viewlupdate 2. Selecting case to view/update C. Search by Case # 1. Selecting records to view/update 2. Selecting Inc # to view/update 6.4 DISPATCH SUPERVISOR LESSON PLAN 6.4.1 INTRODUCTION A. System SecuritylSign On Procedure B. Explain CAD Workstation Personality C. Explain Configuration of CAD Screen Windows 6.4.2 MANUALS A. Review CAD Trainer Guide and Operator Guide. Explain how organized. 6.4.3 DATA ENTRY TRAINING A. Use Trainer Guide to train with student using the Operator Guide. 6.4.4 DISCUSS IMPACTS A. Tables B. Geofile C. E911 D. Premise File E. Name Search F. Location Search 6.4.5 TELEPHONE MAINTENANCE A. Day/Night Number B. Form c PARIS POLICE DEPARTMENT TES 03-22-2007 LICENSE AGREEMENT #345 C. Procedure 6.5 DISPATCHER LESSON PLAN 6.5.1 INTRODUCTION A. Security/Sign On Procedure B. Explain Menu Options as they pertain to job function C. Explain Window Menu Bar D. Explanation of other Modules/Tabs E. Explain Menu Box 6.5.2 ACTUAL TRAINING rr_- MIi r B. Data Entry 1. Explanation of Auto functions and prompts at top of screen showing which are enabled. 2. Unit On/Off Duty a_ Importance of correct Agency assignment b. Other prompts that appear on CAD Display 3. Entry of Activity Code a. introduce "HELP" function h. GEOCAD Location Search a. Explain need for consistency of entries b. Alias Street Names c. Alias Common Place Names 5. Field by Field Data Entry 6. Save Record Function a. Show/Explain Incident Display 7. Unittincident Update a. Explain status codes b. By Inc # (Status only change) c. By Unit # only (Status only change) 8. [wick Entry 9. incident Disposition a. By Inc # b. By Unit # c. Intro Case # generator 10. Timer a. Done from main screen 31 PARIS POLICE DEPARTMENT TEXAS LICENSE AGREEMENT #345 Updates ®8-22-2007 b. Done from Inc Update window 11. Inc Update a. Intro Log 1. Access either by Inc # or Unit # 2. Auto adds Date, Time and Dispatcher 3. Cannot be altered b. Add/Review blotter c. "Mass" status change d. Switching unit and positions when "Primary" unit goes available and BU Unit{s} remain 12. Intro Multiple Dispatch a. Explain separate Agencyllnc# counters b. Will force "off duty„ units "on duty„ 13. Intro Alarm a. Generates call info for CFS 1. Pertinent info transfers to blotter 2. Only need to manually enter Unit # 14. Intro Name Search a. By Name Field on Data Entry Screen 15. Intro Unit # History a. Explain/relate status codes to status codes used for Unit 16. Intro E911 C. Searches 1. ExplainlJJse each search function a. Selecting records from list 2. Brief look at Cit, War and Arr to familiarize wlinfo on Update screen and on short list D. Continued Drilling where time allows 5.5.3 EMERGENCY SUPPORT A. Day/Night Number B. Form C. Procedure 6.6 INVESTIGATOR AND PROPERTY CLERK LESSON PLAN 5.6.1 introduction 32 PARIS POLICE DEPARTMENT TEXAS LICENSE AGREEMENT #345 08-22-2007 This procedure will be used by User and CIS to control changes to the Statement of Work and changes to any previously approved deliverables. 7.1 All Change Order Requests will be submitted in writing by User. User will describe the change and include whatever rationale is applicable including marked up screens and reports. 7.2 CIS will respond with the estimated effect the change will have on the Statement of Work, price and delivery. If accepted by the User, CIS will prepare a formal specification for incorporation in the Change Order. 7.3 CIS does not warrant that it will accept any Change Order request. Only Change Orders that are consistent with CIS long term general enhancdment goals for its Products will be considered by CIS. CIS will retain all rights and title to any - software that may result from any Change Order. 7.4 Approved Change Orders will be incorporated into the Agreement through written change authorization, by bath parties to this Agreement. 8.0 OTHER PROGRAM 1PRODUCT(S) MAINTENANCE AND SUPPORT SERVICE LIMITATIONS CIS shall provide for installation of Other Program Product(s) including Computer Hardware if scheduled in Amendment(s) to the Agreement. User and manufacturers of said product(s) are responsible for maintenance, including associated Networks. CIS will provide Diagnostic Support Services for said Products and Services if specifically scheduled for CIS in this Agreement and Amendments). User acknowledges and agrees to obtain at User's expense any and all hardware, network and database installation, maintenance and on-site support services from manufacturer certified sources that may be required for performance and mission critical operation. 8.1 GEOSASE FILES The Geobase/CAD requires that the User's geobase data be entered into a Geofile. CIS will provide utility for that purpose and train User personnel for use of the utility. CIS DOES NOT PROVIDE FOR DATA ENTRY OF SAID GEOFILE DATA. CIS will provide a separate quotation for data entry services that are not scheduled in written amendment to this Agreement. 8.2 CONVERSION SERVICES See applicable Addendum for any Conversion Services scheduled. 8.3 HARDWARE 34 PARTS POLICE DEPARTMENT TEXAS 08-22-2007 LICENSE AGREEMENT #345 CIS DOES NOT PROVIDE FOR PURCHASE OR INSTALLATION OF SYSTEM OR NETWORK HARDWARE, INTER -CONNECTION OF DEVICES OR RELATED EQUIPMENT SERVICES OR SUPPORT UNDER THIS AGREEMENT UNLESS SCHEDULED IN AN AMENDMENT(S). 8.4 ENHANCEMENTS AND MODIFICATIONS ENHANCEMENTS AND MODIFICATIONS OF THE SYSTEM AND COSTS THERETO] ARE NOT PROVIDED UNDER SCHEDULE A OF THIS AGREEMENT. USER ACKNOWLEDGES THAT THIS AGREEMENT HAS BEEN EXECUTED WITHOUT ANY WARRANTY FOR DELIVERY OF FUTURE ENHANCEMENTS OR MODIFICATIONS. 8.5 NO -N -CIS PROGRAM PRODUCTS (OTHER PROGRAM PRODUCTS}) CIS DOES NOT PROVIDE SCHEDULED TRAINING, MAINTENANCE OR SUPPORT SERVICES FOR OTHER PRODUCTS FURNISHED UNDER THIS AGREEMENT UNLESS SCHEDULED IN AN AMENDMENT(S). 8.6 CONSULTING, ENGINEERING AND PROFESSIONAL SERVICES CIS DOES NOT PROVIDE CONSULTING, ENGINEERING OR PROFESSIONAL SERVICES. CIS provides only off-the-shelf Systems and the services incidental to the installation and training of its Systems, PARIS POLICE DEPARTMENT TEAS LICENSE AGREEMENT X345 ADDENDUM D(2) COMPUTER ASSISTED DISPATCH (CAD) SYSTEM RECORDS MANAGEMENT SYSTEM (RMS) 08.22-2007 The Specifications detailed herein are subject to change without notice except as noted in the main body of this Agreement. PART A -COMPUTER ASSISTED DISPATCH SYSTEM (CAD) 1A CAD FEATURES AND FUNCTIONS The principal CAD features are as follows: ■ Windows E911 ANIIALI Data, Phase -1, -2 Cellular *Automatic Entry of E911 ANIIALI Data ■ Automatic Incident Number Generation By Agency and Service ■ Separate Incident Numbers for Police, Fire, EMS, Public Works • Date and Time Stamps Transactions • Name Check for Warrants • Name Check for Priors ■ Name Check for Court Orders • Verifies Addresses ■ Verifies Intersections ■ Verifies Common Places ■ Translates Alias Street Names • Translates Alias Common Place Names ■ Checks for Hazardous Locations • Checks for Prior Incidents at Location ■ Checks for Pending Incidents at Lacation ■ Determine Police, Fire, ELVIS and Public Works Responses. ■ Premise Response File ■ *Displays Location on Map Systems ■ Dispatches Police, Fire, EMS and Public Works from a Single or Multiple Workstations # *Dispatches to Mobile Computers ■ Provides Multiple Service Dispatch • Displays Status of Incidents ■ Displays Status of Police, Fire, EMS and Public Works Units ■ Quick Entry Command Line Updates ■ Quick Entry Command Line Traffic Stops ■ '"Image Enabled ■ Integrated with CIS Records Management System (RMS) ;i PARIS POLICE DEPARTMENT TEXAS LICENSE AGREEMENT #345 -- * Requires CIS Interface 1.2 CAD REPORTS 1.2.1 CAD REPORTS The CAD provides the following dispatch reports: • Daily Summary ■ Blotter By Agency • Analysis By Day • Analysis By Shift Officer Activity • Officer Activity By Shift • Unit Activity • Unit History • Radio Log 1.2.2 AD HOC REPORTS 0$-22-2407 CAD provides the following Ad Hoc reports that may be custom modified by the User: Call For Service Analysis CFS03-Analysis By Agency CFS04-Analysis By Shift CFS10-Analysis By Activity -Hour CFS18-Analysis By Route/Beat-Hour CFS19-Analysis By FireBox-Hour CFS20-Analysis By EMS -Hour CFS21-Analysis By Activity -EMS CFS22-Analysis By Activity-FireBox CFS23-Analysis By Activity-Route/Beat CFS24-Analysis By Activity -Day Call For Service Daily Summary CFS01-Daily Summary -Shift CFS 11 -Daily Summary -Activity CFS 12 -Daily Summary -Location CFS13-Daily Summary -Disposition CFS14-Daily Summary -How Receive PART B -POLICE RECORDS MANAGEMENT SYSTEM (RMS) 1.1 RMS MODULES 1.1.1 INCIDENT REPORTING MODULES 37 PARIS POLICE DEPARTMENT TEXAS LICENSE AGREEMENT #345 1. Administrative 2. Offense 3. Property 4. Vehicle Property 5. Victim 6. Offender 7. Arrest 8. Witness/Contact 1.1.2 GENERAL INCIDENT MODULES 9. Tow/impound 16. WantsNVarrants 11. Court Order 12. Case Management 1 3. Citations 14. Pawn Shop 15. Alarm Census 16. Accident 17. Criminal Intelligence Database (CID) 18. Crime Analysis Module 19. Personnel Training 26.19 Reg istrationlTraining +1.2 CAD SYSTEM INTEGRATION 08-22-2007 RMS is integrated with the CIS CAD System. In the event that the CAD System is scheduled under this Agreement, the CAD data may be exported or imported into the RMS Administrative Module. 2.0 INCIDENT RECORDS SYSTEM 2.1 REPORTING SYSTEMS 2.1.1 STATE REPORTING The Incident Modules will support the State Reporting: • Summary Based (UCR) • Incident Based (IBR) 2.1.2 STATE AND LOCAL INCIDENTS (SLI) 2.1.3 IBR REPORTING W PARIS POLICE DEPARTMENT TEXAS LICENSE AGREEMENT #345 ©8-22-2007 The IBR Reporting Function is activated for agencies in States where IBR reporting is mandated. The IBR Reporting Function is customized to each State's requirements for data elements and reporting media. 2.1.3.1 113R Data Elements IBR contains at least fifty-two (52) FBI data elements plus any number of additional State mandated elements. User is responsible for acquiring specific training in IBR. CIS provides training limited to the functional use of the Incident System. 2.1.3.2 Validation Windows Validation Windows are provided to assist the operator in entering valid data. Error messages are provided that reference State and/or FBI Error Report Messages. 2.1.4 UCR REPORTING The UCR Reporting Function is activated for agencies reporting summary based uniform crime reporting. The UCR reporting function is customized for each States requirements for format and reporting media. 2.1.5 STATE AND LOCAL INCIDENTS (SLI) The SLI Function is activated for both IBR and UCR reporting agencies. SLI enables the agency to enter and track state and local code violations that are not reportable under state and federal guidelines. The System will automatically remove SLI incidents from any IBR or UCR monthly reports to the State. 2.2 ADMINISTRATIVE MODULE 2.2.1 FUNCTION The Administrative Module provides for entry of Calls For Service data and statistical data. 2.2.2 REPORTS Record Report Segment Report Incident Report 2.3 OFFENSE MODULE 2.3.1 FUNCTIONS The Offense Module provides for entry of each offense associated with an incident. 39 PARIS POLICE DEPARTMENT TEXAS LICENSE AGREEMENT #345 2.3.2 DISPOSITION TRACKING 08-22-2047 Each offense is tracked through the justice system. Dispositions are provided for police, prosecutor, grand jury and court. 2.3.3 REPORTS ■ Record Report • Segment Report • Incident Report 2.4 PROPERTY MODULE The Property Module provides for entry of all non -vehicle property items associated with an incident: 2.4.1 PROPERTY MODULE DATA SETS • Property General • Loss/Recovered • Weapons ■ Owner • Owner Notification • Evidence • Chain of evidence • Supervisory 2.4.2 ALLOWABLE ITEMS All property items may be entered without limitations with regard to number of items, types or offense. The State Reporting Programs will automatically adjust to the mandated reporting limits. 2.4.3 EVIDENCE SUBMODULE The Evidence Submodule provides records for property storage, control and chain of evidence. 2.4.4 REPORTS • Record Report • Segment Report Incident Report 2.6 VEHICLE PROPERTY MODULE F' PARIS POLICE DEPARTMENT TEXAS LICENSE AGREEMENT #345 08-22-2007 The Vehicle Property Module provides for entry, tracking and reporting of vehicle information: 2.5.1 VEHICLE PROPERTY DATA SETS • Vehicle • Loss/Recovered • Evidence • Chain of Evidence • Notifications ■ Supervisory 2.5.2 TOW/IMPOUND The submodule provides for tow/impound of vehicles. 2.5 VICTIM MODULE 2.5.1 FUNCTION The Victim Module provides for entry victim related data for all victims in a given incident. 2.6.2 VICTIM DATA SETS • Name • Descriptors • Address • Employment • School ■ Gang Affiliation • Clothing • IBR 2.5.3 VICTIM INCIDENT DATA SETS • injuries ■ Offenses • Offenses By Offender(s) • Relationship By Offender • Missing Person • Leoka 2.5.4 REPORTS 41 PARIS POLICE DEPARTMENT TEXAS LICENSE AGREEMENT #345 • Record Report • Segment Report Incident Report 2.7 OFFENDER MODULE 2.7.1 FUNCTION 08-22-2007 The Offender Module provides for entry of offender related data for all offenders in a given incident. 2.7.2 OFFENDER DATA SETS The module provides for offender demographics keyed to given incidents as follows: Y Name • Descriptors s SMT • Addresses Employment ■ School Gang Affiliation a Vehicle . MD • Weapons 4 IBR r Clothing ■ Supervisory 2.7.3 REPORTS • Record Report ■ Segment Report • Incident Report 2.8 ARREST 2.8.1 FUNCTION The Arrest Module provides for entry of all arrests related to a given incident. 2.8.2 ARRESTEE DATA SETS • Name • Sobriety/Rights PARIS POLICE DEPARTMENT TEXAS LICENSE AGREEMENT #345 • Charges • Booking • Descriptors • Addresses • Employment ■ School • Gang Affiliation • Relatives • Release • Location ■ Vehicle • Scars/Marks/Tattoos • IBR • Supervisory 2.8.3 REPORTS • Record Report • Segment Report • Incident Report ■ Arrest Listing 2.9 WITNESS/CONTACT MODULE 2.9,1 FUNCTION D8-22-2©07 The Witness/Contact Module provides for the entry of information regarding witnesses and contacts including informants related to a given incidentfinvestigation. 2.9.2 WITNESSICONTACT DATA SETS • Name/ID • Descriptors • Address • Employment ■ School • Gang Affiliation • Clothing • Vehicle 2.9.3 REPORTS ■ Record Report • Segment Report • Incident Report 43 PARIS POLICE DEPARTMENT TEXAS 05-22-2007 LICENSE AGREEMENT #345 3.4 WANTSIWARRANTS MODULE 3.1 FUNCTION The Wants/Warrants Module provide for the entry and tracking wants and warrants issued by various agencies. Tracking includes NCIC and Warrant Service and service related data. 3.2 PERSON DATA SETS • Name/ID • Descriptors • Address • Vehicle • Employment • School • Vehicle • Warning • Offenses w 1161 f-.103:11: Lel IDYfIVIT4 &i • NCIC • Server • Service • Served • Cost 3.4 REPORTS • Record Report • Segment Report • incident Report • Warrant list 4.0 COURT ORDER MODULE 4.1 FUNCTION The Court Order Module provides for the entry and tracking of court issued orders of protection. PARIS POLICE DEPARTMENT TEXAS LICENSE AGREEMENT #34S 4.2 DEFENDANT DATA SETS ■ Name/1D • Descriptors • Address ■ Gang Affiliation 4.3 VICTIM DATA SETS ■ Name/1D • Addresses (3) • Order Provision (3) • Order Reason 4.4 REPORTS 05-22-2007 • Record Report • Segment Report • Court Order List 5.0 CASE MANAGEMENT MODULE 5.1 FUNCTION The Case Management Module provides for the administration of investigations and tracking of cases through the criminal justice system. 5.2 CASE DATA SETS • Agencies • Solvability Defendants . • offenses Solvability 5.3 REPORTS • Record Report • Segment Report • Case Listing, • Investigators Listing • Prosecutors Listing 6.0 CITATIONS MODULE 45 PARAS POLICE ©IMPARTMENT TEXAS LICENSE AGREEMENT #345 6.1 FUNCTION 08.22-2007 The Citations Module provides for entry ticket date and tracking of dispositions. 6.2 CITATION DATA SETS • Vehicle • Citation • Offense • Booking • Trial • Supervisory • Sobriety Collection ■ Ordinance/Code • Animal 6.3 REPORTS • Record Reports Segment Reports • Incident Reports 7.€3 TRAFFIC ACCIDENT MODULE 7.1 FUNCTION The Traffic Accident Module provides for entry of information on the location, circumstances, vehicles, persons, results and the agency's response to. the accident. 7.2 ACCIDENT DATA SETS. • Location • Weather • Road • Vehicles • Drivers • Owners • Passengers • Pedestrians • Witnesses • Injury • Fatalities ■ Property Damage 46 PARIS POLICE DEPARTMENT TEXAS 08-22-2007 LICENSE AGREEMENT #345 ■ Citations • Arrests • Insurance • Safety • Casual • Statistics 7.3 REPORTS + Record Report • Segment Report • Accident Report 8.8 TOW/IMPOUND MODULE 8.1 FUNCTION The Tow/Impound Module is integrated with the Vehicle Modules. The Tow Impound. Module provides for the dispatch of towing service and the management, tracking and disposition of impounded vehicles. 8.2 IMPOUND DATA SETS • Complaint • Location • Assignment 8.3 IMPOUND DATA SETS • Vehicle • Property • Damage ■ Driver • Owner • Disposition • Fees • Release 8.4 REPORTS • Record Reports ■ Segment Reports Incident Reports 9.0 PAWN SHOP MODULE 47 PARIES POLICE DEPARTMENT TEXAS LICENSE AGREEMENT #345 9.1 FUNCTION 08-22-20€37 The Pawn Shop Module provides for the registration of pawn shops and tracking of pawned property at each pawn shop. 9.2 PAWN SHOP DATA SETS • Shop • Location • Owner 9.3 PAWN TICKET DATA SETS • Pawn Ticket • Pawner • Property 9.4 REPORTS • Record Report Segment Report 10.0 ALARMICENSUS MODULE 10.1 FUNCTION The Alarm/Census Module provides for documenting commercial and private alarm systems and tracking incidents of alarms. 10.2 CENSUS DATA SETS • Location • Alarm Types • Facility ■ Occupants • Keyholders 10.3 ALARM DATA SETS • Alarms • Responses • Fees 10.4 REPORTS 02 PARIS POLICE DEPARTMENT TEXAS 08-22-2007 LICENSE AGREEMENT #345 Record Report Segment Report 11.€I CRIMINAL INTELLIGENCE DATABASE (CID) 11.1 FUNCTION The CID Module provides for entry, maintenance and analysis of current and historical information of individuals. The CID Database supports search routines, involvement (rap sheet reports) and crime analysis. CID enables the import of CID Submodule data into applicable modules of RMS. 11.2 PERSON DEMOGRAPHIC DATA SETS • Name • iDs • Descriptors • Aliases • Scars/Ma rks/Tattoos • mos • Associates • Addresses • Telephones • Weapons • Firearms • Employment ■ Education • Gang Affiliations • Vehicles • Criminal History Report 11.3 REPORTS Record Report Segment Report Incident Report Involvement Report 11.4 CRIME ANALYSIS The Crime Analysis Module provides for entry of crime and person demographics to search all records entered in the data base. The search will present lists of suspects. The search list may be sequentially narrowed by adding additional parameters. Systems that have the Image Gateway may produce lineups. Ad Hoc Reports 49 PARIS POLICE DEPARTMENT TEXAS LICENSE AGREEMENT #345 08-22-2007 The following are the Ad Hoc Crystal Reports (Report Sheets) programmed into the System. These reports may be modified by the Users, saved and run as Custom reports: Offense OFF01-Offense Disposition OFF02-Offense Activity -Day OFF04-Offense Disposition -MN OFF05-Local Code Property PRP01-Property List Vehicle VEH01-Vehicle List Arrest Alarm ARR01 Arrest List ARR02-Arrest List -Juvenile ARR03-Arrest By Officer ARR04-Arrest By Charge ALM01-HouseWatch List ALM02-Alarm Received Case Management CAS01 Active Case Aging List CAS02-Investigators Case List CAS03-Prosecutors Case twist Court Order COR01-Court Orders Defendant Citation CIT02-Citation List C1T03-Citation by Officer CIT04-Citation by Location C1T05-Citation Collect Letter Parking Warrant WAR 01 Warrant List WAR 02 -Warrant List -Address Display Geofile GE001-Geofile 50 PARIS POLICE DEPARTMENT TEXAS LICENSE AGREEMENT #345 GE002 Alias GE003-Premise GE004-Common Name GE005-Intersection GE006-Hazard rmsdec.addenda.addendum D-NT2 12-10-D1 R. 6-17-04,11-28-06 51 DS -22-2007 PAIS POLICE DEPARTMENT TES LICENSE AGREEMENT ,#345 ADDENDUM E(W) CAD -E911 INTERFACE SPECIFICATIONS 1.0 ALI CONTROLLER SPECIFICATIONS 08-22-2007 1.1 Operation of the E911 Interface is based on the User's ALI Controller's CAD Port producing ALI Messages conforming to the NENA Specifications and AT&T Standard Specifications for ALI Message Format and Protocol. 1.2 A Dispatcher shall have a unique Telephone Console ID denoted by Cn where n = 01, 02, 03. . n. 1.3 When a Dispatcher answers an E911 call at his Telephone Console, the ALI Controller will generate an ALI Message. 1A The E911 ALI Controller shall then forward the ALI Message to its CAD Port. The ALI Message will contain a tag for Cx to identify the Telephone Console that answered that Call. 2.0 CAD INTERFACE SPECIFICATIONS �.. 2.1 The Dispatcher shall enter Dispatcher's Telephone Console ID on the CAD Screen during Sign on. 2.2 The Dispatcher shall create an E911 Call Window by a Click on the CAD Menu Bar. 2.3 The E911 Window shall provide a Queue for the Calls answered by that specific Dispatcher. 2.4 The E911 Interface enters the ALI Messages into the Queue and Call Window of the Calls answered by that Dispatcher. 2.5 When the Dispatcher Clicks on any Call listed on the E911 Call Window, the E911 Interface shall enter the ALI Name in the CAD Name Field and Address in the CAD Location Field. The Call will then be deleted from the Call List. 2.6 The Dispatcher may then edit the Name and Address entered in the CAD Fields. 2.7 The E911 Interface will attach the original ALI Message to Log of that CAD Record. 3.0 CIS RESPONSIBILITY 52 PARIS POLICE DEPARTMENT TES 08"22-2007 LICENSE AGREEMENT #345 3.1 The E911 Interface software shall be loaded by CIS remotely on the User's Computer (Server). 3.2 No on-site installation is proposed. 3.3 CIS will provide telephone support to facilitate Paragraph 4.0 below. 4.0 USER RESPONSIBILITY 4.1 The User shall define one (1) Server Serial Port for connection to the User's ALI Controller. A Workstation may be used under special circumstances. Check with CIS. 4.2 The User shall provide a cable between the ALI Controller's CAD Port and above Serial Port. 4.3 User shall arrange for the ALI Controller's Installer to be on-site to configure the CAD Port and Cable Pins and Test the transmission of ALI Messages to the CAD. User shall schedule the Installer's on-site configuration and test with CIS for CIS to provide technical support by telephone. INSTALLATION OF THE E911 INTERFACE REQUIRES COMPLIANCE BY THE USER WITH THE ABOVE PROCEDURE. 4.4 In the event that the ALI Message as displayed on the CAD Screen is not synchronized with the ALI Message Display, the User will be directed by CIS Support to a CIS Procedure that will record ALI Messages. The User shall then send the ALI Message records to CIS via e-mail. CIS shall then customize the E911 Interface to the local ALI Message Format and download the revised software to the User. 5.0 MAPPING FUNCTIONS CAD -E911 Mapping Functions including Phase 2 Wireless requires an additional CAD -Map Interface (Addendum X(3) or latest). Check with CIS for availability. rmsdoc.addendaxad e911 interface-e(w) 2-3-D3 53 PARIS POLICE DEPARTMENT TEXAS LICENSE AGREEMENT #345 ADDENDUM J(1) FIRE RECORD SYSTEM (FRS) INTERFACE i8-22-2007 1.0 GENERAL CIS will furnish the FRS Interface between the CAD and the Fire Record System (FRS) that the User selects based on the User's requirements. 2.4 FRS INTERFACE SPECIFICATIONS 2-1 _ Data from CAD dispatch transactions for fire services (FI, F2, F3, etc.)and EMS Services (El, E2, E3, etc.) will be transmitted to an intermediate File dedicated to the FRS. 2.2 The FRS Interface is unidirectional from the CAD to FRS. 3.0 USER'S FRS FUNCTIONS 3-1 The FRS Software will monitor the Intermediate File and transfer the applicable data to the FRS database. 3.2 FRS shall use the CAD data for preparation of its NFIRS and EMS reports. 4.0 USER RESPONSIBILITY 4.1 Provide CIS with the FRS API. 4.2 Provide CIS with an FRS Test Environment. Rmsdac.frs aether�,ji 124-01: R.2-9-05 54 PARIS POLICE DEPARTMENT TEXAS LICENSE AGREEMENT #345 ADDENDUM J(4) CAD-CRTiVUS INTERFACE 1,0 GENERAL 08-22-2007 CIS will furnish the CAD-Ortivus interface that will send CAD data to the Ortivus EMS CAD Folder on the User's Ortivus Server 2.0 EMS INTERFACE SPECIFICATIONS 2.1 Data from CAD dispatch transaction data for EMS Services (El, E2, E3, etc_) will be transmitted to an Ortivus CAD Folder on the User's Ortivus Server. 2.2 The EMS Interface shall be unidirectional from the CAD to the Ortivus CAD Folder. 2.3 CAD dispatch data will be sent only once to the Or#ivus CAD Folder upon Dispatch closure of EMS Calls. 2.4 CAD transaction data is limited to CAD captured and will be transmitted in the format specified by Ortivus API. 2.5 For each EMS Call for Service the following fields will be sent to the Ortivus Call File in ASC if format: a Incident Number • Date Received • Time Received • Call for Service Street Address • Call for Service City • Call for Service State • Calf for Service Zip code For each Call for Service the following EMS Unit the following records will be sent to the Ortivus Cali Time File in ASC 11 Format: • Incident Number, Unit Number, Dispatch Time • Incident Number, Unit Number, Enroute Time • incident Number, Unit Number, At Scene Time • Incident Number, Unit Number, Transport Enroute Time • Incident Number, Unit Number, Transport At Scene Time 55 PARIS POLICE DEPARTMENT TEXAS 08-22-2007 LICENSE AGREEMENT #345 3.0 USERS' RESPONSIBILITY 3.1 Provide CIS with the Ortivus CAD API upon request. 3.2 Provide CIS with an Ortivus Test Environment upon request. 3.3 Provide Technical Contact at Ortivus 3.4 Provide a Static Public IP Address for the Ortivus Server. 3.5 Provide CIS Access to the Ortivus CAD Folder on the Ortivus Server. AddendaLCAD-FirehouselAddendurn J (4) 082207 r-06 29 2007 (AB) 56 PAPIS POLICE DEPARTMENT TEAMS LICENSE AGREEMENT #345 ADDENDUM K(4) AUTOMATED VEHICLE LOCATION (AVL) SYSTEM 1,0 PURPOSE 88-22-2007 The AVL System links GPS location coordinates to Map display systems and controls the update frequency. This Addendum specifies the features and functions of the CIS AVL System provided by CIS. 2.0 USER 111ESPONSISILMY 2.1 User shall supply a Wideband Wireless Networks: 1XRTT, CDMA, or Dedicated Digital Radio Network, Air Cards with integrated or separate CPS receivers and Antennae, Laptops, Mobile Mounting Hardware and all other items of labor and equipment required as detailed hereinafter to support the Mobile Computer System {MCS} and AVL System. User shall inform CIS of User's intended operational requirements, fleet size and coverage specifics prior to any purchase of the network, LapTops, equipment, etc. CIS will than provide User with specific information and specifications including wireless bandwidth. 2.2 User shall confirm with Wireless vendor the peak capacity of the Wireless Network. The peak number will occur during special events and local/regional emergency systems. Saturation of all networks grows at an exponential rate that cannot be increased by other means except available bandwidth or channels. Marginal coverage due to both backbone sites and topography increases transaction's and the saturation rate. User shall provide CIS with technical contacts for the Wireless Network Vendors being considered in User's geographical area. 2.3 The User shall supply any required Wireless hardwarelnetwork for test purposes and/or vendor developer kit upon CIS request. 2.4 The User shall supply two (2) User Laptops during Task 2 (Addendum C, Paragraph 3.2) for test purposes that will be returned to User upon completion of said tests and Management Training at CIS. 2.5 User shall supply enclosed and secured facility for installation of the CIS Proposed AVL System Software if CIS installation is contracted for Software installation in Mobile LapTops, 2.6 User will install all the above MCS Mobile Hardware, Wiring, Receiving equipment, etc. 57 77lr_� 11171CIC nJ61F 1171Y -I udnn 4 -nn o r a n 3+nr rT - rte ,nn- r— PARIS POLICE ❑EPART14ENT TEXAS 08-22-2007 LICENSE AGKEEMENT #345 3.0 AVL -CAD INTERFACE FEATURES The AVL interface, in conjunction with the User's prior purchase of the CIS CAD -Map Centric Phase 2 Wireless, will pin map Unit's locations provided by the AVL System detailed in Paragraph 4.0 below on the User's ESDI Map shape files as tested and approved by CIS. 4.0 AVL SYSTEM! SPECIFICATIONS The operational features and functions are below: 4A Pin Maps a Dot (Icon) by the User's Mobile Map Client (specified in Paragraph 3.0 above) on the Mobile Laptop screen representing the Mobile's Location. 4.2 Transmits the Mobile's Location(s) to the CAD System. 4.3 The CAD System Pin Maps an Icon representing the Mobile's Service Type on the CIS CAD Map (specified in Paragraph 3.p above) In Dispatch. on the Dispatcher Workstation(s), Attributes will denote the Unit Number, assignment and status. 5.0 AVL. SYSTEM ACCEPTANCE AVL. System Acceptance shall be at CIS in accordance with Addendurn R(3). CIS will provide one (1 ) day of Management orientation at CIS. Onsite AVL Training will be specified separately. rrn sd oc. a d de nda, av1_K(4) 12-a5-06 r. 8-22-07 (kc) err 1-1 -7r.v. r r.r-rrr-ire r 11— v.r a.nn ]f`Inli-.IIT r7 •1-7 Jn07 177 enn PARIS POLICE DEPARTMENT TMS LICENSE AGREEMENT 4345 59 g8µ22-2007 7T/TT '4r)H,4 W-11CAC nAKIT F-7 'C7 1OTfE7177 iofz PARIS POLICE DEPARTMENT TEXAS LICENSE AGREEMENT #345 08-22-2007 that CIS shall not be responsible for any warranty, support or maintenance services under this Amendment. In the event of any dispute regarding the Subcontractor's and/or manufacturer's warranty, maintenance or support or any other claim regarding Subcontractor's delivered products or services or performance or non-performance, User agrees to pursue its resolution outside this Agreement directly with the Subcontractor and/or manufacturer. In order to achieve this end, to the extent that User and Subcontractor have any limits to their privity of contract with each other, User shall be considered a third party beneficiary of any agreements between Subcontractor and CIS with respect to any obligations of Subcontractor related to User. In addition, Subcontractor shall be considered a third party beneficiary of the Subcontract in order to enforce collection against User in event of User's failure to pay the amounts due for Subcontractor's products and services. 5.7 User agrees to pay CIS for Subcontractor products and services delivered in accordance with the Customer Documents despite any problem User has with CIS' performance (as opposed to Subcontractor's performance) under this Agreement. 5.8 CIS and User agree that any dispute or course of action of this Addendum does not in any way affect the obligations of CIS or User under this Agreement, or any other amendment thereto. 5.9 User agrees that the sole warranty for any given hardware or software product detailed in the Customer Documents is the published warranty of: (1), the manufacturer of that given hardware or software product and (2), this Agreement. 5.10 All other terms and conditions of this Agreement including Warranty and Limitation of Liability not in conflict with the terms of the Paragraph 5.0 shall apply to the AVL System furnished under the Addendum K(2). Attachments: K(2) Attachments 1, 2 and 3 (Customer Documents) rmsdoc.addend a:avl K2 6-21-94 PARIS POLICE DEPARTMENT TEXAS 08-22-20D7 LICENSE AGREEMENT #345 ADDENDUM M (2) SYSTEM(S) ACCEPTANCE PROCEDURE Acceptance of the System(s) Basic Program Product(s) (System(s)) licensed in this Agreement shall be based solely on substantial compliance with the Specifications set forth in Addendum D(2) and other applicable Addenda to this Agreement as specified on Page I therein. The Acceptance Test Procedure is a two-step process. The first step is Acceptance of the System(s) conducted at the Management Training, Orientation and Acceptance Test conducted at the CIS facility as detailed in the Agreement, Addendum C, Statement of Work. The second step is Acceptance Verification of the System(s) installed at the User's Site as detailed in Agreement, Addendum C, Statement of Work, Installation, Acceptance Verification and System Preparation Task. In the first step, CIS will demonstrate to the User at CIS that the System(s) prepared by CIS for the User substantially complies with the Specifications set forth in said Addendum D(2) and other applicable Addenda to this Agreement on the Useras Server if it is at CIS or on the CIS Servers. Said demonstration for the User that the System(s) substantially complies with said Addendum D(2) and other applicable Addenda shall constitute Acceptance of the System(s) by the User. User shall acknowledge in writing Acceptance of the System(s) upon said demonstration. In the second step, Acceptance Verification will be conducted at the User's site after installation by CIS of the System(s) on the Primary Host Server at the User's Site. CIS will demonstrate that the System(s) performs as demonstrated during the first step above. Said demonstration for the User that the System(s) performs as demonstrated in the first step above shall constitute Acceptance Verification by the User. User shall acknowledge in writing Acceptance Verification of the System(s) upon said demonstration. Enhancements and modifications to the System(s), Special Program Products, Other Program Products and Other Products as specified therein are excluded from this System Acceptance Procedure and shall not bear on User's Acceptance and payment(s) for the Basic Program Products set forth in Addendum A. The acceptance procedures for Special Program Products and Other Program Products are set forth in the applicable Addendum R(3) - The acceptance procedures for Other Program Products are set forth in the applicable Addenda or Amendment for the given Other Program Product. rmsdoc. ad dendwsysaccep. m2 12-09-01 14-12-2006 11 ,-To] PARIS POLICE DEPARTMENT TEXAS LICENSE AGREEMENT #345 ADDENDUM P (5) MOBILE COMPUTER SYSTEM (MCS) 1.0 GENERAL [*150*Z0Z1TDyA CIS will furnish the MCS for use with the User's Wireless System (CDPD, CDMA, DataRadio, Ip Moble with minimum bandwidths of 19.2 KBPS). The MCS Software will consist of the following: • MCS Server Software ■ MCS CAD Mobile Client Software • MCS RMS Mobile Client Software 2.0 USER FURNISHED EQUIPMENT AND INSTALLATION 2.1 Mobile LapTop (MLT) 2.1.9 The recommended Mobile Lap Top (MLT) specifications are as follows: • Processor: Pentium M Mobile • RAM: 512 MB • DISC: 2 GS • Windows 2000/XP Operating System • Wireless Wide -Band Modern (High Power, Trunk Mount) • NIC Available • CD ROM Available • Touch Screen • Designed for rough use ■ MS Word 2.1.2 The recommended Lap Top is hardened for public safety use such as Panasonic Model 29. 2.1.3 User will furnish CIS with a User's MLT for installation, verification, test, and User Training at CIS. 2.1.4 CIS will confirm to User that User's furnished MLT is compatible with the CIS MCS and in accordance with CIS furnished specifications. 2.2 Wireless Network (Network) 2.2.1 Network Provider User will furnish an 1p Network with EVDO Air Cards. User will check with CIS regarding final choice. CIS will require User to famish local contact information of vendor of any anticipated network. User will furnish two (2) LapTops with Air Cards for test and for User MCS Train -the -Trainer training at CIS. 61 FARTS POLICE DEPAP.TMENT TEXAS 08-22-2007 LICENSE AGREEMENT #345 2.3 MCS STATE 4CJISINCICj INTERFACE 2.3.1 State Specifications User will furnish State NCICICJIS Specifications and contact information connectivity and interface client for CIS connection. 2.3.2 Server User will be responsible for all costs and labor for Server that will interface with the MCS Server and the State. 2.4 MCS Server User will furnish Server for the MCS. Check with CIS for specifications applicable to the number of Mobiles initially and anticipated. 3.0 MCS MOBILE TRANSACTIONS Features marked with "*' also require User purchase of CIS Records Management System (RMS). 3.1 MCS CAD Mobile The following Transactions are provided for MCS Mobiles Licensed by purchase of MCS CAD Mobile Software: • CAD Dispatches to Mobile, Text Displayed and Computer Voiced • Touch and Command Key enables Repeat of the Computer Voiced Dispatch • Mobile Status to CAD • Mobile Disposition to CAD • Mobile Traffic Stop to CAD • CAD Message to Mobile • Mobile Message to CAD • Mobile Message to Mobile • Mobile Hot File Inquiry to State NCIC: Person, Vehicle License and Driver License Registrations • State NCIC Response to Mobile • Mobile RMS Name Inquiry to RMS • RMS Record Lists Response to Mobile 3.2 MICS ISMS Mobile Field (FBR) C•4 PARIS POLICE DEPARTMENT TEXAS LICENSE AGREEMENT #345 08-22-7-007 The. following Transactions are provided for MCS Mobiles Licensed by purchase of MCS RMS Mobile Software: ■ Mobile RMS Text Reports to RMS • Mobile RMS Record Reports to RMS • Mobile RMS Screen and Fields on Mobile are similar to RMS Screens and Fields at the Station • Mobile RMS Fields' Edits duplicate RMS Fields' Edits at the Station • Mobile RMS Functions duplicate many of the RMS functions at the Station. • Mobile RMS Features do not include direct access to operate the RMS System or to the RMS Records. • Direct Access to System Sign -on requires Terminal Services or Citrix Server subject to DPS Guidelines and is scheduled separately if provided by CIS. 3.3 Mobile Record Recall Mobile Operator may recall any Record entered by that Operator during a Single sign -on (tour of duty) and modify or add additional data. Any said modification of previously entered data to that given Record will overwrite the previously transmitted Record when retransmitted. 3.4 MCS Server Mobile Message Transaction Validation The MCS Server will check each Mobile message transmission for errors. Messages with errors will be marked with a Red Dot at the Mobile and will be rejected at the MCS Server. The sending Mobile will then be polled by the Server a preset number of times to retransmit said messages with errors. Error free Messages will be marked with a Green Dot at the Mobile and will be merged directly with the database at the CAD/RMS Server. 3.5 INKS Server Mobile Message Field Report Log A Mobile Field Report Log will be provided at MCS Server. The Log may be accessed by personnel to view Records. 3.6 Mobile Operator LapTop Interface The following Windows appear on the Mobile LapTop (MLT) in the following order when the Operator first accesses the MCS; Wireless Watcher Windows • Windows Desk Top Windows • CIS Log On Windows • CIS MCS Windows �AN PARIS POLICE DEPARTMENT TEXAS LICENSE AGREEMENT #345 3.6.1 Wireless Watcher Window 08-22-2007 The Wireless Watcher (Watcher) Window provides the Operator with either a "RED" or "GREEN" indicator of Wireless !Network availability and the Signal Level when data is available from the Wireless Modem. A Signal Level greater than - 100 dbm is required for operation. The Watcher Window must be minimized by the Operator to expose the entire Windows Desk Top Screen. 3.6.2 Windows Desk Trap (WDT) Window The WDT Window contains ICONS of the various MCS Applidaf+on. The Operator would select the MCS ICON for normal patrol operation. 3.6.3 MCS Log On Window The Log On Window will appear. The Operator must Log On. 3.6.4 Mobile HALT Screen The Mobile Screen provides the Operator access to all MCS Windows' functions detailed in Paragraph 6.0 below. The Operator's functional interface to said MCS functions are provided by; • Function Key • Mouse • Clicks • Touch (Touch Screen MLT required) 3.7 MOBILE RECORD DOWNLOAD TO MCS HOST Transactions are stored on disc. Three (3) download options are as follows: • Wireless • Diskette/CD • LAS} 4.0 MOBILE CAD TRANSACTIONS The following Transactions are provided for MCS Mobiles Licensed for CAD by purchase of MCS CAD Mobile Software: • CAD Dispatches to Mobile, Text Displayed and Computer Voiced • Touch and Command Key enables Repeat of the Computer Voiced PARIS POLICE DEPARTMENT TEXAS LICENSE AGREEMENT #345 0s-22-2007 Dispatch • Mobile Status to CAD • Mobile Disposition to CAD • Mobile Traffic Stop to CAD ■ CAD Message to Mobile ■ Mobile Message to CAD • Mobile Message to Mobile ■ Mobile Hot File Person and Vehicle and Driver and Vehicle License Registrations inquiry to State NCIC ■ State NCIC Response to Mobile • Mobile RMS Name Inquiry to RMS ■ RMS Record Lists Response to Mobile 4.1 CAD Transaction Data 4.1.1 CAD to Mobile Dispatch (Text and Computer Voiced) The MLT display of a Dispatch will contain the following_ ■ Agency/incident Number ■ Date/Time ■ Activity/Priority ■ Location • Unit(s) Assigned ■ Complainant ■ Geofle Hazards ■ Blotter ■ Premise File 4.1.2 CAD to Mobile Text Messages Four (4) Line by 40 Character Message 4.1.3 Mobile Text Messages to CAD Eight (8) Line by 40 Character Message 4.1.4 Mobile Unit Status Entry To CAD ■ Available ■ En Route ■ At Scene • Emergency 4.1.5 Mobile Dispatch Entry To CAD ■ Traffic Stop CFS ■ Dispatch Disposition/with Remarks 65 PARIS POLICE (DEPARTMENT TEXAS LICENSE AGREEMENT #345 4.2 MOBILE INQUIRIES TO RMS 4.2.1 Mobile Master Name Inquiry (MNI) 4.2.1.1 Inquiry Inquiry Selection By Module (Calls For Service, Incident Modules, WantsANarrant, Court Order, Vehicles, etc.). 4.2.1.2 Response 08-22-2007 MNI Listing of Prior Incident Records in selected Modules). No actual Records are sent to Mobile. 4.2.2 Master Location Inquiry (MLI) to RMS 4.2.2.1 Inquiry Conditions 4.2.21.1 Inquiry Selection by Address or Common Place 4.2.2.2 Response MLI Listing of Prior Incident Records at location. No actual Records are sent to Mobile. 4.3 RMS Image to Mobile RMS Operator may select the Image on a given Record and initiate a transmission of the Image on said Record to a selected Mobile. 5.0 MOBILE RMS FOR RECORDS ENTRY The following specifications apply to MCS Mobiles Licensed for RMS by purchase of MCS RMS Mobile Software. 5.1 Mobile RMS Record Entry 5.1.1 CAD -RMS Data Import The Import Function will provide for certain CAD Data to be imported into an Administration Module Record with the Agency/incident Number of the CAD Record. 5.1.2 RMS Administrative Record .. PARIS POLICE DEPARTMENT TEXAS LICENSE AGREEMENT #345 05-22-2007 The RMS Administrative Record will import CAD data including the Complainant Name and Address Data. 5.1.3 Other RMS Modules When the Operator posts (saves) the Administrative Segment, he may then select any other Incident Module for entry. 5.1.4 RMS Text Reports Text Reports that are entered without prior entry of an Administrative Record will be held by the MCS Server until an Administrative Record has been entered at the Mobile or at the RMS Host. 5.1.5 Mobile RMS Record Data Entry Functionality Mobile RMS Record Data Entry functionality is similar to Record Data Entry directly on the RMS Host. 5.2 RMS Field Based Reports- Incident Modules Field Reports may be entered in the following RMS modules: e Administrative s Offense Y Victim • Offender o Arrest a Witness/Contact Property Vehicle a Tow/impound e Citations 5.3 RMS Text Field Reports Text reports may be entered with or without entry of data in the above Incident Modules. 6.0 LIMITATIONS 6.1 Features Certain features and functions detailed in 4.0 and 5.0 may not be available for the current version of the User's System, Windows, MLT or Wireless. Check with CIS for availability_ d7 PARIS POLICE DEPARTMENT TEXAS LICENSE AGREEMENT #34S 6.2 Performance D$-22-2007 Performance, including response time is a function of User's hardware and wireless network or common carrier communications network and is outside the scope of the CIS MCS Software furnished hereinunder. User will, at his own cost, purchase any hardware and software necessary to achieve and maintain User's desired performance within the limitations imposed by said hardware, including without limitation of MCS Servers and LapTops and wireless network. 7.4 INSTALLATION AND USER RESPONSIBILITY 7.1 MCS Server The MCS Server Software furnished hereinunder is electronically installed remotely by CIS. Any on-site installation requested by User not specifically scheduled in this Amendment will be billed at $ 1,200.00 per day plus expenses. CIS will provide an Installation CD for the User to install the MCS Clients on the User's MLTs. 7.2 MLT Synchronization with RMSICAD Server User is responsible for installation of the MCS RMS and/or CAD Clients on the Users MLTs. Each new CIS Systems Version Release shall require the User to upload the new Version to the MI -Ts whether or not any changes have been made to the MCS software with the Version. User is responsible for updating MLT Code Tables on all MLTs with any Code Table updates on the RMS/CAD Server. smsdoc.addenda: mcs p(5)9-16-04 2-13-04 R.2-3-05 R.3-1&07 PARTS POLICE DEPARTMENT TEXAS 08-22-2007 LICENSE AGREEMENT #345 r ADDENDUM R(3) ACCEPTANCE PROCEDURES FOR SPECIAL PROGRAM PRODUCTS AND OTHER PROGRAM PRODUCTS 1.0 SPECIAL PROGRAM PRODUCTS 1.1 ACCEPTANCE Acceptance of a Special Program Product shall be based solely on substantial compliance with the applicable Addenda listed on Page I of the Agreement, or as set forth in any Amendment to the Agreement, or as set forth in specifications in any Amendment to the Agreement as applicable. CIS will demonstrate that the Special Program Product substantially complies with the Specifications set forth. Said demonstrations that the Special Program Product substantially complies with the applicable Addenda shall constitute acceptance of the Special Program Product by the User_ The Systems) Acceptance Procedure will be conducted in Two (2) Steps. The First Step will be conducted on the CIS Server(s) and Workstation(s) at CIS. The Second Step is Acceptance Verification and will be conducted remotely on User's Servet at the time of Initial Delivery. User shall acknowledge User's Systems Acceptance in writing at the times of Systems Acceptance at CIS in Step 9 and Acceptance Verification in Step 2. 1.2 FAILURE TO ACCEPT In the event that a given Special Program Product is not in substantial compliance with the applicable Addenda, User may reject said Special Program Product. if User rejects said Program Product under the provisions of Paragraph 1. 1 above and ClS fails to cure the lack of compliance within ninety (90) days, then CIS shall refund the money received by CIS for that given Special Program Product. The User agrees that the User's sole recourse for rejection of a given Special Program Product shall be the refund of any money paid to CIS for that Special Program Product and that Special Program Product shall then be deleted from the Agreement and User's Computer. 2.0 OTHER PROGRAM PRODUCTS Other Program Product(s) consist of hardware and/or software and services supplied by other vendor(s) under separate vendors license agreement(s) between the vendor and the User. The terms and conditions of the sale, acceptance, warranty, maintenance and support, are given in said vendor's license agreement. The User agrees that CIS' sole responsibility is to manage the transfer of User's funds received by CIS for payment to the vendor. The User A' PARIS POLICE DEPARTMENT TEXAS LICENSE AGREEMENT #345 Is -z0*D]K1YA will pay the vendor directly for maintenance and support beyond the vendor's initial warranty period unless scheduled for payment to CIS. 3.0 FAILURE TO DELIVER SPECIAL PROGRAM PRODUCTS AND OTHER PROGRAM PRODUCTS In the event CIS determines that any Special Program Product or Other Program Product is unreasonable for CIS to provide, CIS may delete said Special Program Product or Other Program Product from the Agreement. In that event, CIS shall then delete any such product from the Agreement and refund any money paid to CIS for said deleted product. Deletion of any Special Program Product or Other Program Product shall not bear on the User's acceptance and payment for any Basic Program Product or any other Special Program Product or Other Program Product. 4.0 OBLIGATIONS User acknowledges that user has entered into this agreement with the understanding that any or all of the Special Program Products and Other Program Products fisted on page 1 may not be deliverable or acceptable to the User and that the User's sale recourse for any failure to deliver or lack of acceptance of said products is specified in the above paragraphs. The disposition(s) of any of said product(s) shall not affect the other obligations of the parties hereto under this agreement. rmsdoc.addenda:acceptanre add r(3) 10-23-05, 11-28-08 70 PARTS POLICE DEPARTMENT TEXAS 08-22-2007 LICENSE AGREEMENT #345 ADDENDUM 5(3) CAD -MAP CENTRIC WIRELESS PRASE 1 AND 2 INTERFACE (CAM) 1.0 Each CAD Incident Entry Display has a Unique Telco Defined Console Id 1,2, ... N. 2.0 Each CAD Incident Entry Display has an option for a Status Display A, B, C ... X. 3.0 Each Unit has a Dispatcher assigned Unique Status Display A, B, C ... X. 4.0 Each E911 Call and Wireless Phase 1 and/or Wireless Phase 2 Call answered by a given Dispatcher will appear on that given Dispatcher's E911 Window on that given Dispatcher's CAD Incident Entry Display. 5.0 Each E911 Call and Wireless Phase 1 and/or Wireless Phase 2 Call received by the CIS E911 Interface will be Pin /Mapped on the Map using a designated E911 Icon upon receipt by the CAM_ 6.0 The following apply when a given Dispatcher Clicks on a specific E911, Wireless Phase 1 or Wireless Phase 2 Call in his E911 Window on that given Dispatcher's CAD Incident Entry Display: 6.1 Only that given Dispatcher's CAM Display will be refocused (Centered) at that Call's Pin Mapped Location. 6.2 That a given E911 Call's additional ALI name, location/address, jurisdiction data as available will be entered in the current fields on the CAD Incident Entry Display as specified in Addendum E(W) for address verification and other processing. 6.3 That a given Wireless Phase 1 Call's ALI (Data) when available will be entered in the current Location Fields and the Latitude/Longitude will be displayed in the Blotter Field. 6.4 That a given Wireless Phase 2 Call's ALI (Data) when available will be entered in the current Location Fields and the Latitude/Longitude will be displayed in the Blotter Field. 7.0 ESRI compatible Maps that have an Address Database in their ESRI compatible Shapefiies will have the features of Reverse Geocoding Wireless Phase 2 Latitude/Longitude Locations and points selected on the Map using the Location Search Hover Feature. 7.1 In the event a given Wireless Phase 2 Latitude/Longitude point is not within a block range in the ESRI Map's Address Database, a not found message denoted 71 PAP -IS POLICE DEPARTMENT TEXAS LICENSE AGREEMENT #345 08-22-2007 �- by a red "X" will appear next to the Location when the Dispatcher hovers his cursor over the E911 Icon on the map. 7.2 In the event a given Wireless Phase 2 Latitudell-ongitude point is within a block range in the ESRI Map's Database, the Address will appear in a dialogue box when the Dispatcher places his cursor over the E911 Icon on the map. The Dispatcher may then import the Location from the E911 Interface or manually enter said Address in the Location Field on the CAD Incident Entry Window. 8.0 At each given Dispatcher's CAM Display, only those Units signed on to displays in the Map Stations Window for a given Dispatcher will be Pin Mapped. 8.1 Unit(s) assigned to a given Pin Mapped Call Location on the Map will be Pin Mapped around that given Call Location, having been relocated from their previous Location(s) on that given Dispatcher's unique CAM Display (X). 72 PARIS POLICE DEPARTMENT TES LICENSE AGREEMENT #345 9.9 CAM Display Sidebar Functions 9.1 CAM Locator Window 08-22-2007 When selected, the box next to the word "Locator" is highlighted green. This button allows a given Dispatcher to display the Locator Window on the map display and view zoomed areas of the map by moving the red selector box in the Locator Window. When de -selected, the box next to the word "Locator" is gray. EN= 13 a Dale - ....::...........:..... . Ely ''� M Flpme Poiols'S Sheds �- - i3 Lucda E3 tlras L1 I C7 Leyua .d statiorrc G3 Kdy r;."' "r"-;:_yrS,:'-5; ,� . yam, -• 1 ,.p 73 PARIS POLICE DEPARTMENT TECH LICENSE AGREEMENT #345 9.2 CAM Units Window 08-22-2007 When selected, this button allows a given Dispatcher to display the Units Window on the map display and view all Units signed on to displays in the Map Stations Window for a given Dispatcher. The Units window also tracks the current unit status of all Units signed on to displays in the Map Stations Window for a given Dispatcher. When de -selected, the box next to the word "Units" is gray. Q CES LAD Map. pop WE ..■■ I.■■■i■ �' ■�' ■ A l tf fir_ . ONE N' piw►l-mor-1.w, w�i� 71. rA 74 DALES POLICE DEPARTMENT TEXAS LICENSE AGREEMENT #345 9.3 GAM Active Incidents Window 08-22-2007 When selected, this button allows a given Dispatcher to display the Active Incidents Window on the map display and view the Incident Number, Activity Type, Address and Map Station 0 for all "pinned" incidents on the map. a: :t Mao o � I OPS.- .........,..:.: . �'� Y' hcrdrsA .,�..... ; G] S L -i R.. } k � am -d- Fi¢me Pairils €3 5tneo�s : `.` i M L.,a. C� 11.as. .C1 Layax...... ........ '7 2 GCSO^ZBW00016776'iF5 3 GC50^2PDr0DDy6781^CFS 4 RWM200dW016777^CF5 5 9WPD^2001D0016Tie 0'5 S RWPD-20040001677! ^C 7 RWA@^200100016102"CF'S 0 RWPa1 00 =168W"CFr k4� _Atbv2y tyoa "•j Address .Raton FaW Motor Yah A" d 50000 Matt R, Rad Wig X P+Oke Arran Rpdy Drage MtY Yah AUH MainWM5,1 Rad Ww4 P-Pake Fatd Mmor Veh Arad Kai* SFYk-%Red WM Rpa PA wvd Malt Sia % Rtd Y+" FPake a ode Ctr&al AarkWJ3 St, Red ft* P-PoS= A6CAr$ardCWO5Ms JMOMmn kt Rad Whg Pfal _ .........._..T._.._._—.... .. _.. .. .. .. Il�rtfstramr�192.1.9.209 .... r. 67106 75 PARIS POLICE DEPARTMENT TEXAS LICENSE AGREEMENT #345 9.4 CAM Map Layers Window ®8-22-2007 Map layers must be created and.configured by the Agency's Gly Personnel and verified by Cis before operation. Any given number of valid Map Layers may be selected for viewing on a given CAM Display. Clicking and highlighting the "Layers" option button on the CAM Display activates the Map Layers Window. 9 �gxiry pliom .yy Q Ma Home Poin15 [3 53v1s i] Loca�. ©l3rdr fl Incident D Leymc il S�F3 Key - Y.j.`:•; "'�':''"'..�'. rye - W Zv bl IL v. l.sr.rmz PARIS POLICE DEPARTMENT TEXAS LICENSE AGREEMENT #345 9.4.1 The CAM Map Layers Window provides a given Dispatcher with a list of all CAM Map Layers (A, B, C . _ . X) that may be toggled on and off. 9.4.2 A given_ Dispatcher may click on as many CAM Map Layer Xs. The Map Layer(s) selected will then be displayed on that given Dispatcher's CAM Display. 9.4.3 A second click by that given Dispatcher of a selected CAM Map Layer will then remove said workstation X's Map Layer{s} from that given Dispatcher's CAM Display. 77 PARIS POLICE DEPARTMENT TEXAS 08-22-2007 LICENSE AGREEMENT #345 9.5 CAM Map Stations Window. Any given number of valid Map Stations may be selected for viewing on a given CAM Display. Clicking and highlighting the "Stations" option button on the CAM Display activates the Map Stations Window. W-1 PARIS POLICE DEPARTMENT TEXAS LICENSE AGREEMENT #345 08-22-2007 9.5.1 The CAM Map Stations Window provides a given Dispatcher with a list of all CAM Display Workstations (A, B, C ... X) that may be toggled on and off. Show -> Ali ryuNone i 9.5.2 A given Dispatcher may click on as many CAM Display Workstation Xs. The Units and Incidents Displayed on each CAM Display Workstation selected will then be displayed on that given Dispatcher's CAM Display. 9.5.3 A second click by that given Dispatcher of a selected CAM Display Workstation X will then remove said workstation X's Units and Incidents from that given Dispatcher's CAM Display. 9.5.4 In the event a given Dispatcher desires to dispatch a Unit an a CAM Display Workstation not signed -on to his given CAM Display, he must also select that desired Unit's X in order to see that Unit displayed on his CAM Display even though he has assigned that Unit to an Incident. 79 PARIS POLICE DEPARTMENT TEXAS 0$-22-2007 LICENSE AGREEMENT #345 9.5 CAM Keyboard Shortcuts Window When selected, this button allows a given Dispatcher to display the Keyboard Shortcuts Window on the map display and select any of the functions in the window with the corresponding key. d x +;. r:: •z a era:,-.: •:- _..-.._...>....... - _ ...... JJJ NFa Displ* I Boom H. 1i5 D Steeps t= .. Li S.o�.atx �l LfrrsinddnrR i7 Layec C3 SlnSorcs C] Kqy '. p�:'!.,„'3y� " f fPoi:� r .1r i:i.: : is ^- --r r^-....;,:::.'s�irlx*: :ti•... _ 1 1-9. u -f hEciden4n dnSpi! h zownto hama position k togglakeyhelp I toggle layers panel m xgomtomap n selectpanning cursor u salectpoint cursor P zoom m all Points s Goggle sheet names i 1 uosalgCi incident ' w SogghrlioeSngwindows 1 f .... ... .. doom to hm pemuan M-1 PARIS POLICE DEPARTMENT TEXAS LICENSE AGREEMENT #345 9.7 CAM Incident Details Window 08-22-2007 When selected, this feature allows a given Dispatcher to disptay the Incident Details Window on the map display. The Incident Details Window displays the details for a single "pinned" incident on the map. The Incident Details window tracks the Activity Type, Priority, Location, Incident Number and current Unit Status for all units belonging to all service types that have been "pinned" to the map for an active incident. A given dispatcher must Click on a Star (Incident) icon on the map to display the Incident Details Window for a given Incident. ]+1 xJ U+m1w Wvrr� 0 Mn1 1 l - � �{ '� 0 Map Home f' nts f ©Skads rI . .. , CSS io dkm i3 Urdm � 0 1,-m6 e � © SEFZ M Y,cy ! I I _i J .... L rr r` �• J 77 TrafficA�eraWArpay. Prim'�t.: . 34Hemdan St San Marcus IngdaR S3APD"fi7 OOppOi?tslB'CFS 9 rmsdoc.cad-map centric phasel &2—S(3) Rev 9128104 PARIS POLICE DEPARTMENT TEXAS LICENSE AGREEMENT #345 ADDENDUM S(4) CAD TO TLETS INTERFACE (SATELLITE) 1.0 CAD TO TLETS INTERFACE 08-22.2007 1.1 The CAD to TLETS Interface will provide the following NCICINLETS Hot File Name and Vehicle Transactions and the following transactions from the State and Regional Database from the CAD Data Entry Screen and MCS LapTops: * Vehicle Registration Check • Drivers License Check Name Check 1.2 The Terminal ID that is transmitted will be that of the CAD Operator's regular TLETS Terminal ID. 1.3 The State Reply will be to the regular TLETS Terminal Session on the CAD Mork Station and not the CAD Data Entry Screen. 1.4 The State will start deployment of a new TLETS System. CIS has not yet developed the TLETS Interface for CAD- Upon receipt of the Items in Paragraph 2.2 below, CIS will'initiate development. CIS estimates the schedule as three (3) to six (5) months from receipt of said Items. 2.0 USER RESPONSIBILITY 2.1 The User shall provide the minimum equipment, TLETS Server and Client Software, material and labor for the Server and CAD PC Workstations specified by CIS. 2.2 User will provide CIS the State TLETS API and Client Software as required for technical information and development. 2.3 State Terminal Clients and IDs as required. Two (2) Terminal Clients and IDs per CAD Terminal. (1) Terminal Client and ID for Mobile Computer System (INKS Server) - 2.4 Test the TLETS Interface. rmsdoc, addenda: cadtet.s(4) 7-19-02 R. 8-5-04, 11-28-06 PARIS POLICE DEPARTMENT TEXAS 08-22-2007 LICENSE AGREEMENT #345 ADDENDUM T(3)(B) AS/400 RECORDS CONVERSION 1.0 SCOPE CIS will undertake a Conversion Program for certain of the User's Records created in the existing AS/400 System. The User shall be responsible for providing CIS with access to the AS/400 to extract the Data File on a PC and/or on an AS/400 tape and print sample records for testing. CIS will modify its existing conversion programs that Will convert the Data Files to CIS' RMS SOL Tables to the extent possible. 1.1 PHASES The User File Conversion is performed in phases as follows: 1. Phase 'I -Documentation and File Reformat 2. Phase 2 -File Conversion, Test and Verification by CIS 3. Phase 3 -Analysis and Approval by User 4. Phase 4 -Delivery and User File Conversion 2.0 PHASE 1 -DOCUMENTATION The User will provide CIS access to the following: • The AS/400 Data Files 3.0 PHASE 2 -CONVERSION SOFTWARE DEVELOPMENT, TEST AND VERIFICATION BY CIS OF POSSIBLE FILES 3.1 Master Name Records Files That Exist Name Description ID MNI Notes Physical Characteristics Aliases Previous Addresses CIS Module/Sub Module CID Name CID Descriptors CID 1D CID Log CID SMT C I D Associates CID Address (A) Conversion to CID may produce the following Master Search.Access to the CID Records: • Name • Location E&? PARIS POLICE DEPARTMENT TEXAS LICENSE AGREEMENT #345 (B) CID Module Searches may produce the following Searches: • Name • Descriptors • SMT • Associates • Address • Incidents • Crime Analysis 3.2 User Incident Records Files That Exist CIS Module/Sub Module Incident Detail RMS Administrative RMS Location RMS Offenses Incident Notes RMS Administration Blotter Property RMS Property Contact • Victims RMS Victim • Witnesses RMS Witness Arrest RMS Arrest 4.0 PHASE 3 -ANALYSIS AND USER ACCEPTANCE D8-22-2007 4.1 CIS will demonstrate the converted files at CIS Management Training and Orientation and at a later date when complete. 4.2 Payment will be made by the User only if the User DOES ACCEPT the conversion and CIS delivers conversion software. See Paragraph 8.3 below. 5.8 PHASE 4 -DELIVERY AND FINAL USER FILE CONVERSION 5.1 CIS will install the conversion software with the User's Windows System. 5.2 The User will run the CIS file conversion procedure on User's Computer when the User terminates entry of records on User's existing system. 6.0 DATA ERRORS User acknowledges that errors exist that may prevent the User's file data from being converted or that errors may occur in conversion of said data files and that -- CIS is not responsible for the quality of the resultant User's data files or converted records on the User's Computer. PARIS POLICE DEPARTMENT TEXAS 08-22"2007 LICENSE AGREEMENT #345 ADDENDUM X(4) MAP -CENTRIC INCIDENT/CRIME ANALYSIS SYSTEM (CAS) This feature provides Map/Graphical displays of Incidents based on User defined parameters (time, periods, incident types, locations, etc.). CAS is interfaced with CAD and RMS Database Tables. CAS provides User defined inquiries into the database that produces both pin maps of the query results and related graphical analysis. CAS supports GIS crime analysis, resource allocation, public information, etc. Each RMS Workstation operating CAS must have a User supplied copy of SSRI Arc View 9.0 or greater software. rmsdoc.addenda:cadmap cas x4 7-12-06,11-28-06, 12-4-06 PARIS POLICE DEPARTMENT TEXAS LICENSE AGREEMENT #345 ADDENDUM Z(W) RMS -IMAGE SYSTEM 1.0 GENERAL 08-22-2007 The image System provides Mug Shot, Photo, Document Scanning and Bar Code features for Modules and Screens of CIS Systems. 2.0 USER RESPONSIBILITY 2.1 User is responsible for all Video or Electronic Camera, Document Scanning and Bar Code equipment (Equipment), software, hardware, connectivity and labor required to have a fully functional Mug Shot System, Photo, Document Scanning and Bar Code System. Equipment to be specified by CIS. Most equipment more than two (2) years old will not be compatible with the Image System. CIS will recommend certain models of Equipment. Certain. network connections including Citrix may limit remote control of Equipment functions that are available directly connected to Workstations. 2.2 This Agreement does not include any of the aforementioned Equipment, software, hardware connectivity, or labor. 2.3 CIS will not support or warrant operation of the image System on any Equipment - other than that specified by CIS. Request specifications from CIS. 2A It is recommended that the User may ship, at User's expense, Equipment to CIS for any verification of Image System compatibility by CIS. There is no CIS charge for CIS verification services. 3.0 IMAGE SYSTEM FEATURES The following features are available from an Image System Tool Bar on CIS Module Screens from Program Products that are scheduled (as applicable) on Page 1 of this Agreement: SYSTEM PRODUCT CAD RMS JMS MODULE PREMISE FILES NAME TABS LOCATION TABS PROPERTY TABS VEHICLE 'TABS GID SEARCH NAME TABS LOCATION TABS IMAGE SYSTEM FEATURES CAPTURE, VIEW CAPTURE, VIEW CAPTURE, VIEW CAPTURE, VIEW, BAR CODE CAPTURE, VIEW LINE UP CAPTURE, VIEW CAPTURE, VIEW PARIS POLICE DEPARTMENT TEXAS LICENSE AGREEMENT #345 08-22-2007 PBUPEFITYTASS CAPTURE, VIEW, BAR CODE The [User activates the (mage System from ICONS on the Windows Taal Bar from a Module Screen. 4.0 ON-SITE INSTALLATION Ori -site Installation is by User with CIS telephone support. Any on-site assistance with Equipment by CIS requested and authorized by the User will be billed at $ 1,200.00 per day plus expenses. rmsdac.addenda:image image System_Z(w) $-2-03 F1.7•12-06 Rrnsdoc:Agency:Pari2LPO TX:License Agmernent: FINAl,.doc Paris—PDTX license agreerrien�—rsv-08222007 v.2 - ? 7. 17. T Igvr4 1A1_Aa.nh1-, n -4HT ?-n i n twn:-) b RR / P f q I b A T f,7 : P7 J PA7 177 Mn CITY OF PARIS, TEXAS PROFESSIONAL SERVICES AMENDMENT NR. 02 05-22-2019 PROFESSIONAL SERVICES AMENDMENT NR. 02 LICENSE AGREEMENT NUMBER NR. 345 ("AGREEMENT") BETWEEN COMPUTER INFORMATION SYSTEMS, INC. AND CITY OF PARIS, TEXAS This Professional Services Amendment Nr. 02, hereinafter called "Amendment Nr. 02" is between Computer Information Systems, Inc., hereinafter called "CIS" and the City of Paris, Texas hereinafter called "City of Paris" or "User". CIS and the City of Paris shall also be referred to individually as the "Party" and collectively as the "Parties". WHEREAS, The City of Paris and CIS entered into the Agreement on August 27, 2007 to provide a Computer Aided Dispatch ("CAD") System, Records Management System ("RMS"), Mobile Computer System ("MCS") and Automatic Vehicle Location ("AVL") System for the Paris Police Department ("PPD"); and WHEREAS, Law Enforcement agencies within the State of Texas must switch from Summary Reporting System ("SRS") to the National Incident Based Reporting System ("NIBRS") by January 1, 2021; and WHEREAS, CIS has developed the CIS NIBRS System configured to the Texas NIBRS Specifications including Level 8 - Additional Texas Data Elements Segment. WHEREAS, PPD requested that CIS provide a proposal to provide the CIS NIBRS; and WHEREAS, PPD requested that CIS provide a proposal to provide Mobile Field Reporting; and WHEREAS, The CIS MCS Enhanced CAD Client provides Mobile Field Reporting; and WHEREAS, CIS provided Cost Proposals to PPD for CIS NIBRS and the MCS Enhanced CAD Client Systems and related Professional Services dated January 24, 2019; and WHEREAS, PPD has accepted the CIS Cost Proposals and has requested this Amendment. NOW, THEREFORE, in consideration of the Covenants, Terms and Conditions hereinafter set forth, the Parties hereto agree as follows: 1.0 AMENDMENTSCOPE Acknowledge and agree that this Amendment replaces all prior written and oral communications with CIS regarding CIS NIBRS and the Mobile CAD Enhanced Client. 2.0 DELIVERABLES ■ CIS NIBRS System ■ MCS Enhanced CAD Client 3.0 SPECIFICATIONS MCS Enhanced CAD Client Specifications are detailed in Addendum P(5). 4.0 ACCEPTANCE MCS, Enhanced CAD Client and NIIBRS Acceptance is in accordance with Addendum R(4), 5.0 COST AND PAYMENT SCAED�111,r.4 Addendum A 6.0 DELIVERTSCAED1114 ,Adde?d*m-a- 7.0 CURRENT ADDITIONAL ANNUAL RENEWAL (20,18-2019): 24 X 7 MAINTENANCE AND SUPPORT, IENHANCEMENTS, NEW RELEASES, MCS Enhanced CAD Client (12 @ $ 180,00) $ 2,160.00, The Additional Annual Renewal with for the MCS Enhanced CAN. Client will be due to coincide with, the PPD Annuall Renewal Nate: May 5, 2021. F. W11 0 0 ff q-.- ti TjT�-,l 2 1 A! 19 Elilkiroul 8.11 All other terms and conditions of the Agreement as amended not in conflict with this Amendment shall apply to this Amendment including but not limited to the Agreement Paragraph B, Warranty; Paragraph C, Limitation of Liabilities; and Paragraph H.7, Venue and Jurisdiction. 8.2 In the event there is a dispute between the parties hereto with regard to any specifications, terms or conditions, the order of precedence shall be, this Amendment Nr - O2, the Agreement as amended, and any resultant User Contract Docuiments,. 9.0 VALID PERIOD This Amendment is valid only if executed and received by CIS on or before June 20, 2019„ unless, extended in writing by CIS. HELMME LIGUNry CITY OF PARIS, TEX7S Signed: Name: Title: 4-,)(, Date: �Zot CITY OF PARIS, TEXAS 05-22-2019 PROFESSIONAL. SERVICES AMENDMENT NR. 02 Signed: Name: Title: Date: EFFECTIVE DATE: LAST DATE ENTERED ABOVE ADDENDA: A, B, N(10), P(5), R(4) Agency\Paris, TX\Amendments\Professional Services Amendment Nr. 02 05222019 CITY OF PARIS, TEXAS PROFESSIONAL SERVICES AMENDMENT NR. 02 ADDENDUM A COST AND PAYMENT SCHEDULE A. Systems and Professional Services 1.0 Systems 1.1 Basic Program Products None 1.2 Special Program Products MCS Enhanced CAD Client (12 Mobiles @ $ 1,200.00) Special Program Products Total Systems License Fee Total 2.0 Professional Services 2.1 NIBRS System Preparation Download Data Create Test System Apply NIBRS Code Changes Convert Data 2.2 Installation, Configuration and System Generation MCS 2.3 Training Services and Expenses License Fee $ 14,400.00 05-22-2419 $ 14,400,00 $ 14,400.80 $ 1,200.00 $ 1,200.00 $ 1,200.00 $ 1,200.00 $ 4,800.08 On -Site Training Classes Class Students/ Hours/ Rates Students Class Class Classes Class Total System Manager 5 5 8 1 $2,400.00 $ 2,400.00 Records 3 3 8 1 $2,400.00 $ 2,400.00 Patrol/Detectives 57 5-6 8 10 $2,400.00 $ 24,000.00 On -Site Live Operation Service Function Re ❑ords/Patro i/Detectives Travel and Diem Expenses 2.4 Records Conversion $ 28,800.00 Rater Days Day Total 2 $2,400.00 $ 4.800.00 $ 4,800.00 $ 13.160.00 2.5 Additional Maintenance and Support Professional Services Total Total Project Management @ 10% Grand Total Less- CIS Internal Grant Net Cost RI $ 2,150.00 $ 46,760.00 $ 2,400.00 $ 2,160.00 $ 58,280.00 $ 72,680.00 $ 7,268.00 $ 79,948.00 -$ 20,592.00 $ 55,356-00 CITY OF PARIS, TEXAS PROFESSIONAL SERVICES AMENDMENT NR. 02 B. PAYMENT SCHEDULE Nr. 4 Payment upon Execution of Agreement: Systems Professional Services Payment Nr. 1 Total Nr. 2 Payment upon Delivery of Professional Services PAYMENTS TOTAL C. Current Additional Annual License Renewal Fee for System(S): MCS $ 2, 160.00 05-22-2019 $ 17,000.00 $ 14,400.00 $ 31,400.00 $ 27.958.00 $ 59,355.00 The First Annual License Renewal occurs on the first anniversary date of the delivery of the Basic Program Products. In the event that a specific date is desired by the User, the First Annual License Renewal Payment, and subsequent years, will be prorated to occur on that date. D. Terms Net due upon receipt of Invoice as scheduled. E. Additional license fees The following CIS Additional License Fees are guaranteed for three (3) calendar years from the Effective Date of this Agreement: MCS Enhanced CAD Client $ 1,200.00 per WS 6� CITY OF PARIS, TEXAS 05-22-2019 PROFESSIONAL SERVICES AMENDMENT NR. 02 ADDENDUM B DELIVERY SCHEDULE The Target Delivery Schedule detailed below represents a minimum time estimated based on a current starting date. The Actual Schedule will depend upon the date of receipt of order, PPD delays caused by season, personnel, community events, technical problems and other factors beyond the control of CIS or the PPD. The following Target Delivery Schedule assumes a July 8, 2019 start date: Task 1. Preparation of PPD Test System at CIS 2. Management Training at CIS 3. Training at PPD 4. Cutover at PPD 5. Records Conversion and Go -Live 09-05-2019 09-11-2019 thru 09-12-2019 09-23-2019 thru 09-27-2019 10-01-2019 10-01-2019 CITY OF PARIS, TEXAS PROFESSIONAL SERVICES AMENDMENT NR. 02 ADDENDUM N(90) TEXAS NIBRS 05-22-2019 1.0 GENERAL C1S will furnish and configure the RMS System for Texas National Incident Based Reporting System ("NIBRS") as specified by the Texas Department of Public Safety. 2.0 FUNCTIONS 2.1 Data Entry 2.2 Validation 2.3 Submission 3.0 ACCEPTANCE Acceptance of Texas NIBRS is in accordance with Addendum R(4). CITY OF PARIS, TEXAS PROFESSIONAL SERVICES AMENDMENT NR. 02 ADDENDUM P(5) MOBILE COMPUTER SYSTEM (MCS) 1.0 GENERAL The MCS System Software consists of any of the following: • MCS Server Software ■ MCS CAD Client Software ■ MCS Enhanced CAD Client Software • MCS State/NC1C Interface • MCS Mapping Software • MCS RMS Client Software 2.0 MCS CAD CLIENT TRANSACTIONS • CAD Dispatches to Mobile • Mobile Status to CAD • Mobile Disposition to CAD • Mobile Traffic Stop to CAD • Incident Log • Incident Blotter ■ Prior Call History • Premise Information • Displays ProQA Data • CAD Message to Mobile • Mobile Message to CAD • Mobile Message to Mobile • RMS Image to Mobile 3.0 MCS ENHANCED CAD CLIENT TRANSACTIONS ■ Incident Report Entry, Inquiry and Update • Report Flow • Person, Location, Plate, Date Range, Unit History Inquiries • CID Name Involvements 4.4 MCS STATE (CJISJNCIC) INQUIRIES • Berson • Vehicles • Firearms • Boats • Articles 5.0 MCS MAPPING SPECIFICATIONS ■ Displays Incident and Vehicle Location • Displays E911 Call Location Uses Agency Shape Files ■ Interfaced with ESRI On -Line • Interfaces with Pictometry 05-22-2099 6.0 MCS RMS WS CLIENT SPECIFICATIONS This MCS RMS WS Client enables the Mobile operator to access and operate the RMS System. A given Mobile operator may perform those functions permitted by his 3 CITY OF PARIS, TEXAS PROFESSIONAL SERVICES AMENDMENT NR. 02 05-22-2019 specific profile in the CIS System Matrix Security System. Direct access to System Sign -On requires Terminal Services and Citrix and is subject to State CJIS guidelines. 7.0 MCS SYSTEM HARDWARE AND SYSTEM SOFTWARE REQUIREMENTS 7.1 Mobile Laptop Requirements + Processor: Intel Quad Core Processor • RAM: 8 GS • 500 GB Hard Drive or 255 GB SSD • Air Card — 4G/LTE • DVD Available ■ Touch Screen + Back -lit Keyboard • Automobile Accessory AC Adaptor • Ruggedized • Windows 7 Professional or Windows 10 Operating System; 64 Bit • MS Word • Internal of External GPS is AVL is desired 7.2 MCS Server Requirements 7.2.1 Server Specifications Check with CIS for specifications applicable to the number of Mobiles initially and anticipated. 8.0 CJIS REQUIREMENTS 8.1 Virtual Private Network (VPN) and Two (2) Factor Authentication A Virtual Private Network (VPN) is required to satisfy CJIS requirements; two (2) factor authentication may be required. 8.2 Network Diagram User shall prepare a Network Diagram subject to State CJIS Requirements. Said Network Diagram shall be approved by the State CJIS prior to CIS Mobile Installation. 9.0 LIMITATIONS 9.1 Features Certain features and functions may not be available for the current version of the User's System, Windows, Mobile Laptops or Wireless. Check with CIS for availability. 9.2 Performance Performance, including response time is a function of User's hardware and wireless network or common carrier communications network and is outside the scope of the CIS MCS Software furnished herein. User will, at his own cost, purchase any hardware and software necessary to achieve and maintain User's desired performance within the limitations imposed by said hardware, including without limitation of MCS Servers, Laptops and wireless network. Masters\AddendaWCS-P1Addendum P(5) 07212018 CITY OF PARIS, TEXAS PROFESSIONAL SERVICES AMENDMENT NR. 02 fly -22-2019 ADDENDUM R(4) ACCEPTANCE PROCEDURES FOR SPECIAL PROGRAM PRODUCTS AND OTHER PROGRAM PRODUCTS 1.0 SPECIAL PROGRAM PRODUCTS 1.1 ACCEPTANCE PROCEDURES Acceptance of a Special Program Product shall be based solely on reasonable compliance with the applicable Addenda listed in the Definitions of this Agreement, or as set forth in any Amendment to this Agreement hereinafter, or as set forth in specifications in any Amendment to this Agreement as applicable. CIS will demonstrate that the Special Program Product reasonably complies with the Specifications set forth. Said demonstrations that the Special Program Product reasonably complies with the applicable Addenda shall constitute acceptance of the Special Program Product by the User. The System(s) Acceptance Procedure will be conducted in Two (2) Steps. The First Step will be conducted on the CIS Server(s) and Workstation(s) at CIS. The Second Step is Acceptance Verification and will be conducted remotely on User's Server at the time of initial Delivery. User shall acknowledge User's Systems Acceptance in writing at the times of Systems Acceptance at CIS in Step 1 and Acceptance Verification in Step 2. 1.2 FAILURE TO ACCEPT In the event that a givers Special Program Product is not in reasonable compliance with the applicable Addenda, User may reject said Special Program Product. If User rejects said Program Product under the provisions of Paragraph 1.1 above and CIS fails to cure the lack of compliance within ninety (90) days, then CIS shall refund the money received by CIS for that given Special Program Product. The User agrees that the User's sole recourse for rejection of a given Special Program Product shall be the refund of any money paid to CIS for that Special Program Product and that Special Program Product shall then be deleted from the Agreement and User's Computer. 2.0 OTHER PROGRAM PRODUCTS Other Program Product(s) consist of hardware and/or software and services supplied by other vendor(s) under separate vendor's license agreement(s) between the vendor and the User. The terms and conditions of the sale, acceptance, warranty, maintenance anc support, are given in said vendor's license/purchase agreement. The User agrees that CIS' sale responsibility is to manage the transfer of User's funds received by CIS for payment to the vendor. The User will pay the vendor directly for maintenance and support beyond the vendor's initial warranty period unless payment(s) are made to CIS under scheduled Diagnostic support. 3.0 FAILURE TO DELIVER SPECIAL PROGRAM PRODUCTS AND OTHER PROGRAM PRODUCTS In the event that either User and/or CIS determines that it is unreasonable for CIS to provide for any reason including cost and/or compatibility with the System(s) any Special Program Product or the User does not Accept any Special Program Product on delivery 10 CITY OF PARIS, TEXAS PROFESSIONAL SERVICES AMENDMENT NR. fit 05-22-2019 for any reason, then CIS will delete said Special Program Product and any balance due from the Agreement, and refund to User any monies paid to CIS for said Special Program Product. If the User decides to delete an Other Program Product if it has been ordered, and if delivered and not been placed in service {not connected to the Systems}), any payment made by CIS on behalf of the User shall be subject to the return policy and restocking fee, if any of the Vendor of said Other Program Product. Any balance due for said Other Program Product shall then be deleted from the Agreement. If the User desires to delete an Other Program Product, if ordered, delivered and it has been placed in service (connected to the Systems)), it shall only be subject to said Vendor's Warranty and Maintenance Policy. Deletion of any Special Program Product or Other Program Product from the Agreement shall not bear on the User's acceptance and payment for any Basic Program Product or any other Special Program Product or Other Program Product in the Agreement or any Amendment thereto. 4.0 OBLIGATIONS User acknowledges that User has entered into this agreement with the understanding that any or all of the Special Program Products and Other Program Products listed in the Definitions of the Agreement may not be deliverable or acceptable to the User and that the User's sole recourse for any failure to deliver or lack of acceptance of said products is specified in the above paragraphs. The disposition(s) of any of said product(s) shall not affect the other obligations of the parties hereto under this Agreement. MasterskAddendMSystem(s) Acceptance-M.R\Addendurn R(4) 080720/8 11 PARIS POLICE DEPARTMENT, TEXAS 04-26-2010 PROFESSIONAL SERVICES AMENDMENT PROFESSIONAL SERVICES AMENDMENT NR. 01 TO LICENSE AGREEMENT NR. 345 (AGREEMENT) BETWEEN COMPUTER INFORMATION SYSTEMS INC. (CIS) AND CITY OF PARIS, TEXAS (USER) WHEREAS, CIS Systems provide CAD, RMS and MCS (Systems) that support User's law enforcement operations; and WHEREAS, User desires to enhance its use of said Systems with a Livescan Interface and an Interface between the User's Municipal Court System and the CIS RMS Citation Module; and WHEREAS, User has obtained a Grant for said Interfaces; and WHEREAS, User has requested CIS provide said Interfaces; and WHEREAS, CIS has agreed to provide said Interfaces; NOW THEREFORE, the Parties hereto agree to the following: 1.0 AMENDMENT SCOPE 1.1 This Amendment provides for the following Interfaces (Program Products) as follows: Livescan Interface Municipal Court — RMS Citation Module interface 1.2 User acknowledges and agrees that this Amendment replaces all prior written and oral communications from CIS regarding these Interfaces in their entirety and that the Specifications set forth in this Amendment solely define the functions and features of said Interfaces. 2.0 SYSTEMS DELIVERABLES 3.0 INTERFACE SPECIFICATIONS 3.1 Interface Specifications The Features, Functional Specifications and the Acceptance Specifications as set forth in the following Addenda attached hereto: p Livescan Interface- Specifications: Addendum X9(2), Acceptance: Addendum R(4) PARIS POLICE DEPARTMENT, TEXAS PROFESSIONAL SERVICES AMENDMENT 04-26-2010 s Municipal Court — RMS Citation Module Interface - Specifications: Addendum W(2), Acceptance: Addendum R(4) User acknowledges and agrees that the above Features and Functional Specifications for said Interfaces are subject to change without notice. 3.2 Acceptance Acceptance shall be on remote delivery and demonstration of operation in accordance with applicable specifications. 3.3 General Terms, Condition and Specifications set forth in the Agreement not in conflict with this Amendment shall apply to this Amendment including with out limitation Paragraph B, Warranties and Paragraph C, Limitation of Liabilities. 4.0 COST SCHEDULE 4.1 License Fees (WS = workstations) Livescan Interface Municipal Court — RMS Citation Module Interface Total License Fees 4.2 PROFESSIONAL SERVICES None GRAND TOTAL 5.0 PAYMENT SCHEDULE Nr. 1 Payment Upon Execution of Agreement: 6.0 ESTIMATED TARGET DELIVERY SCHEDULE Livescan interface Municipal Court- RMS Citation Interface 7.0 USER RESPONSIBILITIES 7.1 Livescan System $ 15,000.00 $ 15,000.00 July 1, 2010 October 1 2010 $ 30,000.04 0.00 $ 3€],000.00 7.1.9 Interface User shall purchase and install the Livescan Interface required directly from the Livescan vendor 7.1.2 Network Connection 2 PARIS POLICE DEPARTMENT, TEXAS PROFESSIONAL SERVICES AMENDMENT 04-26-2010 User shall provide any network connection between the Livescan System and the CIS Data Server. 7.1.3 Technical Contact User shall provide the Livescan vendor's technical point of contact including telephone number and e-mail address. 7.2 Municipal Court System 7.2.1 Interface User shall purchase and install the export Interface required directly from the Municipal Court vendor. 7.2.2 Development Environment User shall arrange for the Municipal Court vendor to provide CIS with a development environment for testing purposes. 7.2.3 Network Connection User shall provide any network connection between the Municipal System and the CIS Data Server. 7.2.4 Technical Contact User shall provide the Municipal Court vendor's technical point of contact including telephone number and e-mail address. 8.0 ADDITIONAL MAINTENANCE AND SUPPORT FEE None 9.0 CONTRACT TERMS In the event there is a dispute between the parties hereto with regard to any specification, terms or conditions, the order of precedence shall be this Amendment, the Agreement, and lastly any User furnished Contract Documents. 10.0 VALID PERIOD This Amendment is valid only if executed and received by CIS on or before May 22, 201 0 ff'A21A Signed�: �Ae� BN A. YEFSKI Title: CEO, Date: uw r 201101 SBgr1i dW By: l UN CAR U,IH_ ., Title: CITY ANER Date: Argency\Parls, TMAmendmentsTrofessional Services Amendment Nr. 1 04 610 asters1AmendmentWaster Professional Services Amendment 671309 4 PARIS POLICE DEPARTMENT, TEXAS PROFESSIONAL SERVICES AMENDMENT 04-26-2010 ADDENDUM R(4) ACCEPTANCE PROCEDURES FOR SPECIAL PROGRAM PRODUCTS AND OTHER PROGRAM PRODUCTS 1.0 SPECIAL PROGRAM PRODUCTS 1.1 ACCEPTANCE Acceptance of a Special Program Product shall be based solely on substantial compliance with the applicable Addenda listed on Page 1 of the Agreement, or as set forth in any Amendment to the Agreement hereinafter, or as set forth in specifications in any Amendment to the Agreement as applicable. CIS will demonstrate that the Special Program Product substantially complies with the Specifications set forth. Said demonstrations that the Special Program Product substantially complies with the applicable Addenda shall constitute acceptance of the Special Program Product by the User. The System(s) Acceptance Procedure will be conducted in Two (2) Steps. The First Step will be conducted on the CIS Server(s) and Workstation(s) at CIS. The Second Step is Acceptance Verification and will be conducted remotely on User's Server at the time of Initial Delivery. User shall acknowledge User's Systems Acceptance in writing at the times of Systems Acceptance at CIS in Step 1 and Acceptance Verification in Step 2. 1.2 FAILURE TO ACCEPT In the event that a given Special Program Product is not in substantial compliance with the applicable Addenda, User may reject said Special Program Product. If User rejects Said Program Product under the provisions of Paragraph 1,1 above and CIS fails to cure the lack of compliance within ninety (90) days, then CIS shall refund the money received by CIS for that given Special Program Product. The User agrees that the User's sole recourse for rejection of a given Special Program Product shall be the refund of any money paid to CIS for that Special Program Product and that Special Program Product shall then be deleted from the Agreement and User's Computer. 2.0 OTHER PROGRAM PRODUCTS Other Program Product(s) consist of hardware and/or software and services supplied by other vendor(s) under separate vendor's license agreement(s) between the vendor and the User. The terms and conditions of the sale, acceptance, warranty, maintenance and support, are given in said vendor's license agreement. The User agrees that CIS' sale responsibility is to manage the transfer of User's funds received by CIS for payment to the vendor. The User will pay the vendor directly for maintenance and support beyond the vendor's initial warranty period unless scheduled for payment to CIS. PARIS POLICE DEPARTMENT, TEXAS 04-26-2010 PROFESSIONAL SERVICES AMENDMENT 3.0 FAILURE TO DELIVER SPECIAL PROGRAM PRODUCTS AND OTHER PROGRAM PRODUCTS In the event that either User and/or CIS determines that it is unreasonable for CIS to provide for any reason including cost and/or compatibility with the System(s) any Special Program Product or the User does not Accept any Special Program Product on delivery for any reason, then CIS will delete said Special Program Product and any balance due from the Agreement, and refund to User any monies paid to CIS for said Special Program Product. If the User decides to delete an Other Program Product if it has been ordered, and if delivered and not been placed in service (not connected to the System(s)), any payment made by CIS on behalf of the User shall be subject to the return policy and restocking fee, if any of the Vendor of said Other Program Product. Any balance due for said Other Program Product shall then be deleted from the Agreement. If the User desires to delete an Other Program Product, if ordered, delivered and it has been placed in service (connected to the System(s)), it shall only be subject to said Vendor's Warranty and Maintenance Policy. Deletion of any Special Program Product or Other Program Product from the Agreement shall not bear on the User's acceptance and payment for any Basic Program Product or any other Special Program Product or Other Program Product in the Agreement and any Amendment thereto. 4.0 OBLIGATIONS User acknowledges that user has entered into this agreement with the understanding that any or all of the Special Program Products and Other Program Products listed on page 1 may not be deliverable or acceptable to the User and that the User's sole recourse for any failure to deliver or lack of acceptance of said products is specified in the above paragraphs. The disposition(s) of any of said product(s) shall not affect the other obligations of the parties hereto under this Agreement. Masters\Addanda\System(s) Acceptance-M,RIAddendum R(4) 04142010 51, PARIS POLICE DEPARTMENT, TEXAS PROFESSIONAL SERVICES AMENDMENT 04-26-2010 ADDENDUM W (2) MUNICIPAL COURT- CIS RMS CITATION MODULE INTERFACE 11.0 GENERAL CIS will furnish the Municipal Court — CIS RMS Citation Module Interface for import of Municipal Court Data into the CIS RMS Citation Module. The Municipal Court — CIS RMS Citation Module Interface consists of the following if scheduled in an agreement or amendment to which this Addendum is attached: 2.0 INTERFACE REQUIREMENTS 2.1 CIS Software Requirements e CIS Records Management System (RMS) 2.2 Hardware Requirements The Citation System Court Interface will reside on the User's Data Server Hardware. The User shall upgrade the Data Server as specified by CIS if required. 3.0 INTERFACE TRANASCTIONS The following Transactions are provided by the Interface: Import Citation Data from the Court System's server 4.0 USER RESPONSBILIITES 4.1 Interface User shall purchase and install the export Interface required directly from the Municipal Court vendor. 4.2 Development Environment User shall arrange for the Municipal Court vendor to provide CIS with a development environment for testing purposes 4.3 Network Connection User shall provide any network connection between the Municipal System and the CIS Data Server. 4.4 Technical Contact User shall provide the Municipal Court vendor's technical point of contact including telephone number and e-mail address. 5.0 LIMITATIONS PARIS POLICE DEPARTMENT, TEXAS PROFESSIONAL SERVICES AMENDMENT 04-26-2010 5.1 Interface Features Certain features and functions detailed in 3.0 may not be available for the current version of the User's System, Windows, or Network. Check with CIS for availability. 5.2 Interface Performance Performance, including response time is a function of User's Hardware and Local Network and is outside Cl S' scope for the Citation System Court Interface furnished herein. User will, at his own cost, purchase any hardware and software and/or any upgrades or overtime, including without limitation of Servers, Switches, Firewalls, Routers, etc. to achieve and maintain User's desired performance. Addenda\Citation System Court Interface - W\Addendum W(2) 101208 PARIS POLICE DEPARTMENT, TEXAS 04-26-2010 PROFESSIONAL SERVICES AMENDMENT ADDENDUM X9{2} LIVE SCAN FINGERPRINT INTERFACE 1.0 GENERAL The Live Scan Fingerprint Interface (Interface) provides the capability for a User to export a Text File to a Receive Directory in the Live Scan Computer. The Text File shall contain person description data captured by RMS Arrest Windows and JMS Intake Windows. 2.0 USER RESPONSIBILITY 2.1 Fingerprint System shall be equivalent to the ldentix System. 2.2 ldentix B.TXT of XML Database Interface must be installed on the Identix System. 2.3 Provide CIS with the selected Fingerprint System's API specifications for a Receive Directory to receive specified CIS data for the CIS JMS System. 2.4 The Fingerprint System must enable the User to access the Receive Directory to import the Text File(s) to the Fingerprint System Application. 2.5 Arrange for CIS a test environment or Fingerprint System for CIS to remotely test the CIS Interface with the Fingerprint System. 2.6 Provide 1-2 Days of On -Site Vendor Support for CIS Installation 2.7 Provide Mandatory State of Texas Fields. 2.8 Provide ldentix Technical Contact to CIS Support Staff. 3.0 CIS RESPONSIBILITY 3.1 CIS will provide Interface software to export a Text File of person data to Fingerprint System's Receive Directory. 3.2 The Interface software shall produce a Text File for each person in a format specified by the State, similar to Exhibit 1 hereto. 3.3 Send Vendor API and State Text File Format to CIS User. A final Exhibit 1 shall be then prepared by CIS. 3.4 Text File Fields not captured by CIS System will be entered into the Fingerprint System directly by the User using Fingerprint System's keyboard. PARIS POLICE DEPARTMENT, TEXAS 04-26-2010 PROFESSIONAL SERVICES AMENDMENT 3.5 A series of commands shall be provided by CIS for the interface to transmit the Text File for the person on the CIS RMS Screen to the Receive Directory. 3.6 Send the Fingerprint System keyboard to import the Text Files from the Receive Directory and initiate Send Files for direct transmission to the State and/or Fingerprint Cards. 3.7 CIS will install and test the Interface by electronic download. 3.8 Delivery is estimated at one hundred and ninety (190) days after receipt by CIS of the items in 2.0 above, or as otherwise specified by CIS. 4.0 ACCEPTANCE AND TERMINATION Acceptance shall be in accordance with Addendum R(3). The parties hereto agree that in the event that CIS cannot deliver the Interface, CIS' sole obligation to the User shall be to return the initial payment for the Fingerprint Interface and the parties hereto shall have no further obligations regarding a Live Scan Fingerprint Interface. The disposition of the Live Scan Fingerprint Interface shall not have any effect on any other contractual obligations of the parties hereto. U PARIS POLICE DEPARTMENT, TEXAS PROFESSIONAL SERVICES AMENDMENT EXHIBIT 1 -EXAMPLE FINGERPRINT SYSTEM INTERFACE FIELD NAME DESCRIPTION MODULE SCREEN IDX-IFMFL Input Form Filename IDX -OFFICER Official Creating Record ORI Originating Agency ID ------ Note 1 SCT Send Copy To OCA Agency Case Number CHG 1 FBI FBI Number INT 1 SID State Identification Number INT 1 SOC SSN INT 1 MNU miscellaneous ID Number INT 1 NAM Name INT 1 AKA Aliases INT 1 POB Place of Birth INT 1 DOS Date of Birth INT 1 SEX Sex INT 1 RAC Race INT 1 SMT Scars, Marks, Tattoos INT 1 HGF Height INT 1 WGT Weight INT 1 EYE Eye Color INT 1 HAI Hair Calor INT 'I PPA Palm Prints Available PHT Photo Available Indicator INT 1 RFP Reason Fingerprinted EAD Employer and Address EMP 1 RES Residence of Person INT 1 DOA Date of Arrest CHG 1 DOO Date of Offense ICO identification Comments BKN Booking Number INT 1 DRVRLIC Driver's License Number INT 1 CHG Charge CHG 1 CONT -AGN Contributing Agency INT 1 JAIL -TIME Jail Time CHG 2 BKT Booking Type FBI-REC FBI Record Desired DOJ-REC DOJ Record Desired ST -USE State Usage REG-CAUS-29 Registration Cause: 290 PC * REG-CAUS-45 Registration Cause:457.1 PC * REG-CAUS-11 Registration Cause:11590 PC * 04-26-2610 JMS FIELDS FIELD 12.Incident # 48.FBI 49.St.1 D 45.SSN 01.Booking # 12.Name 53.AKA 54.AKA 37.POB 20 -DOB 23.Sex 26.Race 38.SMT 39.SMT 29.Height 30.Weight 34. Eyes 33.Hair 50.Photo ID 06.Name Thru 10.Zipcvde 14.Address Thru 18.Zipeode 15.Arrest Dt 52.Sup ID 46.DL# 18.State Code 00.Jail 06.Jail Time PARIS POLICE DEPARTMENT, 'f; PROFESSIONAL AMENDMENT FINGERPRINTINTERFACE r k O Arrest Number DiAT-ARST Arrest Date CHG CIT Statute Citation CHG ADN Arrest Disposition CHG1 OCUP Occupation SKN Skin Tone INT ADD -INFO AdditionalInif irmatio,n REPL er ARST-AGN Arresting Agency CHG NAR- Type of y,' DOiR Date PR-APR-AGN Probation or Parole Agency PR-SUP,V Probation or Parole Sup Ofcr * ro Agicy CAR Motor DAT-REG Date of Registration FIELDSCREEN 12.Incidnt 0ccur. ,p, i N r fir. I `" r. wd Yeti a r' a ., r. 4w !r ; 0[ Masters' Addenda\L,ivesc n Fingerprint Interface -- X\Addendum X9(2) 06 27 2009 IN Brazos Technology (979) 890.2811 fry Brazos technology e-Citation/Racial Profiling Capture for Law Enforcement Proposal City of Paris Terry Kuhn (972) 492-7500 Brazos Technology Corporation P.O. Box 10713, College Station, TX 77842 Proposal Date: June 9, 2009 Proposal is valid for 30 -days from the above -listed date BrazosTech Paris 3.0.SP.xlsx Ver. 3.0.SP Page 1 of 18 Brazos Technology (979) 690-2811 Ver. 3.0.SP It is our privilege to present the City of Paris with the benefits of implementing the electronic hand-held ticket writers. We welcome this opportunity to engage with the City of Paris in a successful endeavor, which will become the icon of the industry. Brazos Technology is committed to leveraging technology to optimize the performance of law enforcement, and our goal is to assure that your wants, needs and must haves are satisfied while performing above and beyond your expectations of a vendor. This proposal outlines the hardware, software and resources needed to implement Brazos Technology's e -citation solution, with its inherent advantages, which will empower the department to be technologically innovative as your needs evolve. It also provides budgetary costs and outlines the next steps and assumptions in moving forward. Thank you for your consideration. We encourage an interactive decision process, which will allow us to answer your questions and provide clarity to ensure that you are confident in making an informed decision. . -. .:z. �.aa-+-te«rssvn�a�•' an -0004M. _r._�-'..�• :;�-.. r ° .. R�:•`f CopydghtO 2009 Brazos Technology Corporation, Inc. All rights reserved. All material (in whatever medium or format) and information contained herein (collectively, "Material') Is proprietary and confidential Information of Brazos Technology Corporation, BrazosTech Paris 3.0.SP.xlsx Page 2 of 18 Brazos Technology (979) 890.2811 Ver. 3ASP Today more and more Law Enforcement Agencies are looking for ways to improve the efficiency of the citation -writing process. Through the use of advanced mobile technologies, the capabilities in extending applications to mobile personnel are becoming more and more robust. As Law Enforcement Agencies are beginning to extend applications to mobile devices, several aspects of this solution are critical: 1) Ability to extend multiple different applications to each singular device a) Allowing data to be "sent" from each application to each designated device b) Allowing data to be "collected" at the point of activity and reach back to those multiple data sources as well. 2) Ability for Law Enforcement Personnel to easily and quickly enter data (much of which can be done through auto -population such as Drivers License swiping and VIN Tag scanning) into the mobile device. 3) Ability for Law Enforcement Personnel to easily read, enter and manipulate data via a compact mobile device. 4) Ability to quickly dispose of (drop or throw) devices in case of emergency — without damaging and routinely replacing each hand-held device. 5) Ability for the data to interface with the Municipal Court system. This document outlines how Law Enforcement Agencies can leverage Brazos Technology's Rapid Extension Framework (REF) and Symbol Hand-held Scanners to achieve these goals. This technology is designed to afford each Law Enforcement Agency the following benefits, including but not limited to: • Reallocation of Human Resources — Citation data is electronically entered at the point of activity, so court personnel must no longer re-enter data from hand-written tickets and are available for other tasks. • Reduced paper flow — Citations are printed singularly rather than in triplicate (or more), thereby reducing paper flow between Law Enforcement and the Administrative Office of the Courts. e Minimal data entry errors — Minimize costly mistakes by enforcing business rules via technology, reduce amount of hand written data, and remove the need to manually transfer information from written citation to electronic database. CopyrightV 2009 Brazos Technology Corporation, Inc. All rights reserved. All material (in whatever medium or format) and information contained herein (collectively, *Material') is proprietary and confidential Information of Brazos Technology Corporation. BrazosTech Parts 3.0.SP.xisx Page 3 of 18 Brazos Technology (879) 890-2811 Ver. 3.0.SP Officcrs can collect data by swiping Driver's License through — I Mag Stripe Reader, Gain Vehicle Make, Model, and Year through a scan of the Registration Tag, and easily choose offenses from i drop down menus on the mobile device. Options are also i available to gain key information (such as name) from credit cards, local student ID cards, etc. should an offender be without a f license at time of traffic stop. Officer with Motorola/Symbol MC70 Wireless unit Municipal Court and Police Department Handheld unit can speak directly to the printer via Bluetooth connection, so that the officer can collect ticket (printed while officer is walking from offender's car) at the officer's vehicle, Citation printout can include all requred instructions for the offender, Offender's signature, and can be designed to match the specific miluriements of each PD. ar rr rr, r vehicle With *1ireleas Zebra.Prjrtter Captured Citations are uploaded into the appropriate PD and Municipal Court Databases (without the need for an intermediary server). Offieerssimply place the handheld devices in thier cradles at the end of the shift, and all citations are downloaded automatcially, while software upgrades and changes download to the devices automatically as well. Nate: This is only a sample layout of communication between resources. This entire process is CUStOmlzab/@ depending upon your particular needs. Copyright® 2008 Brazos Technology Corporation, Inc. All rights reserved. All material (in whatever medium or format) and information contained herein (collectively, "Material") is proprietary and confidential Information of Brazos Technology Corporation. BrazosTech Paris 3.0.SP.xlsx Page 4 of 18 Brazos Technology (979) 690-2811 Ver. 3ASP Brazos Technology provides solutions and services designed to optimize the use of mobile technology within an organization — with a strong focus on extending Law Enforcement applications and databases to devices in the hands of Law Enforcement personnel. Brazos Technology was formed in 2000 and is committed to providing rock -solid solutions that are applicable and relevant to the unique needs of the men and women in law enforcement. We are based in College Station, TX and are an approved CISV vendor with the state of Texas. Wittf more than 60 agencies actively using the Brazos Technology Ticket Writer, Brazos has been able to establish a proven track record of combining a solid solution with superior implementation, training and customer service. CopyrightO 2009 Brazos Technology Corporation, Inc. All rights reserved. All material (in whatever medium or format) and information contained herein (collectively, "Material') is Proprietary and confidential Information of Brazos Technology Corporation, BrazosTech Paris 3.0.SP.xisx Page 5 of 18 Brazos Technology (979) 690-2811 Ver. 3.0.SP Symbol Technologies, Inc., founded in 1975, is a global leader in secure mobile information systems that integrate application-specific handheld computers with wireless networks for data, voice and bar code data capture. Symbol products and services increase productivity and reduce costs for the world's leading retailers, logistics and transportation companies, government agencies, manufacturers and providers of healthcare, hospitality and homeland security. Symbol's proven technology delivers efficiency. A unique combination of industry-leading innovation and award-winning ergonomic design, with miniaturization, superior power management and product ruggedization is the hallmark of Symbol's products. Automated Citation Solutions - Symbol Technologies Throughout the world, most law enforcement citations issued by police officers or officials for traffic or other minor violations are handwritten. After issuance, the citations (also called tickets, violation notices or infringement notices) are then manually entered into multiple databases using a key -based system. These manual systems are prone to many data entry errors or misinterpretation due to illegible writing. Data entry error from these manual processes has far-reaching cost, efficiency and accuracy implications at each level of government: a Police services, departments and authorities: inaccurate records of violations . Court and justice services: reduced ability to prosecute, convict or collect revenue efficiently . Motor vehicle departments: inability to ensure that motorists with repeat violations remain off the road e Transportation departments: inability to plan infrastructure improvements related to traffic signs, signals and congestion areas Because of these inefficiencies and the resulting low productivity, the old manual key -based data entry processes have a negative effect on the organization's ability to serve the public. A proven solution is available to eliminate these inefficiencies: wireless handheld mobile computing systems. Copyright® 2009 Brazos Technology Corporation, Inc. All rights reserved. All material (in whatever medium or format) and information contained herein (collectively, "Material,) Is proprietary and confidential information of Brazos Technology Corporation. BrazosTech Paris 3.0.SP.xlsx Page 6 of 18 Brazos Technology (979) 690-2811 Ver. 3.0.SP Remote Data Capture (RDCI - Designed to run on any Windows CE or Pocket PC mobile device, RDC has been specifically designed for the unique constraints of a mobile device, to include small screen size, lack of true keyboard for entry, and the availability of barcode scanners and camera. RDC is completely flexible, allowing for the enforcement of business rules specific to your needs, to ensure speed and accuracy in performing mobile tasks and data collection. RDC supports any number of tasks, allowing a single device to serve in many capacities simultaneously. Brazos Technology refers to the combination of a mobile device and the RDC application as "an RDC". Brazos Technology's RDC has also been specifically tailored to work in an e -Citation environment to meet the unique demands of each individual law enforcement agency — and with little effort be able to meet the constant demands brought on by: • Changes in local and national laws, • Changes in business processes, • Changes and upgrades of back -end systems connecting to the mobile devices, • And changes and upgrades of the mobile devices themselves. Brazos Technology provides training on two levels — (1) the administration and operation for overall management of the framework and configuration and (2) the mobile device user for the daily tasks, which will be performed using the e -Citation platform. One or more persons should be identified as the designated trainer(s). Brazos Technology will equip the designated internal trainers to perform training as needed. Brazos Technology also offers a more comprehensive training program that entails having a Brazos representative on-site during the rollout of the application. During the rollout phase, the Brazos representative can 'ride -along' with the officers to provide on the job training — which has proven to be the most beneficial way to ensure officer is up to speed in the most efficient way possible. Copyright® 2009 Brazos Technology Corporation, Inc. All rights reserved. All material (in whatever medium or format) and inforrnatlon contained herein (collectively, "Material,) is proprietary and confidential information of Brazos Technology Corporation. BrazosTech Paris 3.0.SP.Asx Page 7 of 18 Brazos Technology (979) 890-2811 Ver. 3.0.SP �? � ° r, r ''� .r±—"C"` �...�� y i'�- .C" z -ca � r� � � 3�•P _ t` - . � a �r s•� Rated for a 4-5 foot drop to concrete and water resistant means your officers will be using the most rugged, reliable ticketwriter available) Using it in the rain is also no problem. It has a 624MHz processor, 256 MB of RAM, Microsoft Mobile 6.0 operating system, 802.11 connectivity, a Bluetooth radio, GPS, and cellular capability. This device has a built-in 2D scanner and a 2 megapixel, autofocus camera which allows the Brazos Solution to capture pictures, associate those pictures with the citation, and scan 2D barcodes. For complete technical specifications, please go to the following URL: htto:l/www.motorola.com/bu iness/US- EN/MC75+.do?vonextoid=237defla5ll3allOV-a VCM1000008406b00aRCRD • . ; s �• r.. i dei `iB Symbol MC70 with 2D Barcode Scanner Rated for a 4-5 foot drop to concrete and water resistant means your officers will be using the most rugged, reliable ticketwriter available! Using it in the rain is also no problem. It has a 624MHz processor, 128 MB of RAM, Microsoft Mobile 5.0 operating system, 802.11 connectivity, a Bluetooth radio, and optional cellular capability. This device has a built-in 2D scanner which allows the Brazos Solution to capture pictures, associate those pictures with the citation, and scan 2D barcodes. For complete technical specifications, please go to the following URL: htt2://www.motorola-Com/business/v/index iso?vonextoid=d3da7bl03dl75110VanVCM1000008 406b00aRCRD Copyright® 2009 Brazos Technology Corporation, Inc. All rights reserved. All material (in whatever medium or formal) and Information contained herein (collectively, "Material") Is proprietary and confidential information of Brazos Technology Corporation. BrazosTech Paris 3.0.SP.xisx Page 8 or 18 Brazos Technology (979) Ego -2611 Ver. 3.0.SP *,=_T t� s YDS '3 _+"t. - ..a$`,t.. kJ -c ,-}�� �r-R^-d R•y y zr.K^'y�c c .c !Y' 1 Designed for the Road Warrior, the Zebra RW 420 is a mobile printer ideal for Law Enforcement applications.lts convenient vehicle mounting and charging options, as well as its user -intuitive interfaces and angled display allow for ease-of-use while on the gol For complete technical specifications, please go to the following URL: httn://www.zebra.comfid/zebra/na/entind2NlRroductslnrinters/mobiiehw420 htmi Copyright® 2009 Brazos Technology Corporation, Inc. All rights reserved. All material (in whatever medium or format) and information contained herein (collectively, "Material*) Is proprietary and confidential information of Brazos Technology Corporation. BrazosTech Paris 3.0.SP.xlsx Page 9 of 16 Brazos Technology (979) 690-2811 Number of mobile devices: � 2 Number of MDC's: 0 Ver. 3.0.SP Copyright® 2009 Brazos Technology Corporation, Inc. All rights reserved. All material (In whatever medium or format) and information contained herein (collectively, "Material*) is proprietary and confidential Information of Brazos Technology Corporation. BrazosTech Paris 3.0.SP.Arx Page 10 of 18 yU Amy t £i L {7 4r d j 5t} T� r.��'*—s.'E" ,r• - t'z{x�.r rt,.t` jLF,t3 Pt L•F'A'" .t. T t fkE .'{ lim A i Brazos Technology (979) 890-2811 Ver. 3.0.SP Hardware - Printers " Assumes all devices are not mounted in vehicles and that the wall charger is purchased. ,ra RW420 Bluetooth Printer e One (1) year manufacturer's warranty • Bluetooth Communications $731 2 $1,462 charge this printer you will need either the vehicle or wail mounted gers below I Charger for Printer (optional) • 110VAC plug to recharge the printer from a standard wall socket $65 1 2 $130 -- _ s Additional Batteries for RW420 (optional) $78 2 $156 pill TIM Extended Warranty for RW420 (optional) 4 years Bronze Support $380 0 $0 • 3 - 5 Day turnaround Total for Printer Paper: ( $85 Copyright® 2009 Brazos Technology Corporation, Inc. All rights reserved. All material (in whatever medium or format) and information contained herein (collectively, "Material') is proprietary and confidential Information of Brazos Technology Corporation. BrazosTech Paris 3.0.SP.xisx Page 12 of 18 Brazos Technology (979) 690-2811 Ver. 3.0.SP CopyrightV 2009 Brazos Technology Corporation, Inc. All rights reserved. All material (in whatever medium or format) and information contained herein (collectively, "Material*) Is proprietary and confidential information of Brazos Technology Corporation. BrazosTech Paris 3.0.SP.xlsx Page 13 of 18 Brazos Technology (978) 690-2811 Ver. 3.0.SP Copyright® 2009 Brazos Technology Corporation, Inc. All rights reserved. All material (in whatever medium or format) and information contained herein (collectively, "Material") is proprietary and confidential information of Brazos Technology Corporation. BrazosTech Paris 3.0.8P.x1sx Page 14 of 18 Brazos Technology (979) 690-2611 Ver. 3.0.SP Ongoing Software Fees Annual Fees after the first year Brazos Technology $250 / unit e -Citation updates, license renewal Brazos Technology e-mail Support Std maintenance covers config changes (up to 5 new fields and 1 new report per quarter) Interface to Court System $650 Interface to RMS System $650 'Any additional interfaces have an annual support cost of $650 ea. TLETS Message Switch (installed), annual license and support (1-50 Users) $5,000 'additional user annual support = $2,500/50 user increment - (Not applicable unless TLETS is activated.) Copyright® 2009 Brazos Technology Corporation, Inc. All rights reserved. All material (in whatever medium or format) and information contained herein (collectively, 'Material") Is proprietary and confidential information of Brazos Technology Corporation. BrazosTech Paris 3.0.SP.xlsx Page 15 of 18 Brazos Technology (979) 690-2811 Ver. 3.0.SP The City of Paris and the Paris Municipal Court will have ane (1) point of contact for implementation of software and subsequent maintenance needs. The point of contact with City of Paris will be determined later. Brazos Technology will schedule a Kick -Off Meeting with client to confirm configuration information and schedule Implementation and Training. Brazos Technology Corporation will bill the City of Paris for hardware upon delivery. Standard Net 30 terms apply. Brazos Technology Corporation will bill the City of Paris for the remaining balance upon completion of installation and delivery of Phase I of this solution. Standard Net 30 terms apply. E. Iffir The successful implementation of this project is contingent upon two primary factors: 1) Brazos Technology's dedication to support the City of Paris throughout the pre - implementation and implementation phases, as well as throughout the lifecycle of the software to timely respond to support needs and 2) For the Municipal Courts and the Police Department to work diligently with Brazos Technology to identify and document its requirements and needs for this project (to be documented during pre -implementation phase) - as well as to show the dedication of its workforce to adopt such technology. w . Because of Brazos Technology's unique methodology for extending applications to the mobile paradigm, the following are just a few examples of applications that could easily be extended to the mobile units literally within days of being requested by each agency (please request a quote for this capability — not included in this quote) : • Accident/Crash Reports • Seized Property and Evidence Tagging and Tracking • Replacement gear ordering by officers • Vehicle repair work -order submissions • Community Outreach Programs Applications • Rotation Wrecker Management System Copyright® 2009 Brazos Technology Corporation, Inc. All rights reserved. All material (in whatever medium or format) and information contained herein (collectively, "Material') Is proprietary and confidential information of Brazos Technology Corporation. BrazosTech Paris 3.0.SP.xlsx Page 16 of 16 Brazos Technology (979) 690-2811 s �`-�• s..-r_i�k 4E" The following are assumptions on which the recommendations in this Proposal are based: 1• All information sources required for the mobile device are accessible through the City of Paris network or the Internet. Ver. 3.0.SP 2. Brazos will utilize the standard LT Systems-InTouch interface for the Municipal Court System. 3. Real-time TLETs queries are not required at this time. (unless indicated on page 10) 4. An active internet connection is available at the location where the synchronization device will be installed. 5. Brazos Technologies does not provide installation services for hardware to be "mounted" into vehicles. 6. Any interface costs levied by Court or RMS system providers are separate and not reflected in this proposal Copyright® 2009 Brazos Technology Corporation, Inc. All rights reserved. All material (in whatever medium or format) and information contained herein (collectively, "Material") Is proprietary and confidential information of Brazos Technology Corporation. BrazosTech Paris 3.0.SP.Asx Page 17 of 18 Brazos Technology (979) 890-2811 Ver. 3.0.SP Approval of this proposal document represents an agreement to accept the charges for the activities as stated previously. Any revisions to this agreement will necessitate inclusion of written amendments and prior written approval of all signing principals. The authorized signatures below represent agreement with the proposal and represent authorization to proceed with the work as defined. Total project price $18,471 NKv wf 12-1- �aff&I I — 0-M44.W, Printed Name Title MmAc-et Brazos Technology Corporation LADL� Signature Michael S. McAleer Printed Name President Title ty' Date CopyrightO 2009 Brazos Technology Corporation, Inc. All rights reserved. All material (in whatever medium or format) and Irrtormatlon contained herein (collectively, •Material^) Is Proprietary and confidential Information of Brazos Technology Corporation. BrazosTsch Paris 3.0.SP.xisx Paye 18 of 18 RESOLUTION NO. 2009-084 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING THE PROPOSAL OF BRAZOS TECHNOLOGY FOR THE PURCHASE, LICENSING AND MAINTENANCE OF TWO ELECTRONIC HAND-HELD TICKET WRITERS, EQUIPMENT AND RELATED SOFTWARE IN THE AMOUNT OF $18,471.00 TO BE USED BY THE POLICE DEPARTMENT AND MUNICIPAL COURT, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Municipal Court of the City of Paris is requesting authorization for the purchase of two electronic ticket writers, equipment and related software for interface with the Municipal Court computer system; and, WHEREAS, Electronic ticket writers are mobile devices to be utilized by the Police Department which will allow officers to collect data by swiping driver's license through Mag Stripe Reader, capture vehicle information by scanning registration tag, choose offenses from drop down menus, attach photo, capture electronic signature and print ticket on printer in patrol vehicle and then is downloaded into the Municipal Court Computer system; and, WHEREAS, a proposal has been received from Brazos Technology, in the amount of $18,471.00, for the two hand-held electronic ticket writers, software, licensing, training and maintenance of said equipment, and the City of Paris is desirous of securing the same; and, WHEREAS, the Proposal presented by Brazos Technology, attached hereto as Exhibit A, should, in all things, be approved, and the City Manager should be authorized to execute any and all documents related to the purchase of said equipment and software; 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 proposal of Brazos Technology for the purchase, licensing and maintenance of electronic hand-held ticket writers, related equipment and software for interface with Municipal Court computer system in the amount of $18,471.00 be, and the same is hereby approved. Section 3. That the City Manager be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, any and all documents necessary for the purchase, licensing and maintenance of said equipment and software. Section 4. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 24th day of August, 2009. sse Jame reelen, Mayor ATTEST: nice Ellis, City Clerk APPROVED AS TO FORM: W. KentM ar, Ci Attorney 6)�brazostechno SOFTWARE LICENSE AGREEMENT THIS AGREEMENT is entered into as of the 26"' day of August, 2009, (hereinafter referred to as the "Effective Date") by and between Brazos Technology Corporation, a Texas corporation, with its principal offices located at 707 Texas Ave., Suite 103-D, College Station, Texas 77840 (hereinafter referred to as "Brazos Technology"), and City of Paris. a Texas Municipality, with its principal offices located at 135 1 st Street SE Paris TX 75461 (hereinafter referred to as "Licensee"). This Agreement is made with respect to the following facts and objectives: RECITALS: A. Brazos Technology has developed a proprietary software product, which is designed to extend data and processes across multiple platforms and technologies (hereinafter referred to as the "Software"). B. Licensee desires to obtain a non-exclusive license to use the Software and Brazos Technology desires to grant Licensee such a license. AGREEMENT: NOW, THEREFORE, in consideration of the foregoing recitals, the mutual promises and covenants set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. License. Brazos Technology hereby grants to Licensee a non-exclusive license to use the Software and the documentation, if any, provided in connection therewith (hereinafter referred to as the "Documentation") solely in connection with RDC and eCitation. Licensee may make one copy of the Software and Documentation for back-up and/or archival purposes. 2. Licensee Fee. Licensee agrees to pay Brazos Technology the license fee identified in Exhibit A to this Agreement. Such fee shall be due immediately upon execution of this Agreement by the parties. 3. Limitations of Use. Licensee acknowledges and agrees that Licensee will not timeshare, modify, sublicense, transfer, assign, copy, reverse engineer or decompile the Software, Documentation or any portion thereof except as expressly set forth herein. V1.0 Licensee further acknowledges and agrees that Licensee will limit its use of the Software and Documentation to the number of users and/or the site location identified in Exhibit A to this Agreement. 4. Non -disclosure. Licensee acknowledges and agrees that the Software and Documentation contain trade secrets and/or confidential information (hereinafter collectively referred to as "Confidential Information") and that Licensee will take reasonable efforts to prevent the disclosure of such Confidential Information to any third party. 5. Ownership. Licensee acknowledges and agrees that Brazos Technology is the sole owner of all right, title and interest in and to the Software and Documentation and that nothing contained herein shall grant Licensee any ownership interest in the Software or Documentation. 6. Upgrades. In the event that Brazos Technology, in its sole discretion, should provide Licensee with any upgrades, corrections or modifications to the Software or Documentation, such upgrades, corrections or modifications shall be considered, as applicable, "Software" or "Documentation" for the purposes of this Agreement. Notwithstanding the foregoing, nothing contained in this Agreement shall be construed as obligating Brazos Technology to provide Licensee with any upgrades, corrections, modifications, maintenance services or support services hereunder. 7. Waran . a. Brazos Technology warrants and represents that it is the owner of all right, title and interest in and to the Software and Documentation and that use of the Software and Documentation as contemplated herein shall not infringe upon any third party patent or copyright. This warranty and representation does not apply to any infringement arising out of any unauthorized modification of the Software or Documentation or any infringement arising out of the use of the Software or Documentation in combination with any third party product. b. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 7, THE SOFTWARE AND DOCUMENTATION IS PROVIDED "AS IS" AND BRAZOS TECHNOLOGY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, WRITTEN OR VERBAL, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BRAZOS TECHNOLOGY DOES NOT WARRANT OR REPRESENT THAT ANY USE OF THE SOFTWARE OR DOCUMENTATION WILL BE UNINTERRUPTED OR ERROR FREE. LICENSEE EXPRESSLY ASSUMES ALL RISKS AND LIABILITIES RESULTING FROM THE USE OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION, INCLUDING Brazos Technology Software License Page 2 of 7 CONFIDENTIAL INFORMATION V1.O WITHOUT LIMITATION ANY ECONOMIC LOSS, PROPERTY DAMAGE, PHYSICAL INJURY, LOST PROFITS, LOST SAVINGS, LOSS OF RECORDS OR LOSS OF DATA. 8. Indemnification. Brazos Technology agrees to indemnify and defend Licensee from and against any third party claim arising out of a breach of the Warranty provisions set forth in this Agreement, provided that Brazos Technology is provided with prompt notice of any such third party claim and Brazos Technology is allowed full control over the defense of such claim. Licensee acknowledges and agrees that Brazos Technology may fulfill its obligations hereunder by (i) obtaining from the third party claimant a license pursuant to which Licensee may continue its use of the Software and Documentation or (ii) providing Licensee with substitute software and/or documentation that does not infringe upon the rights of the third party claimant. Licensee further acknowledges and agrees that in the event that Brazos Technology, in its sole discretion, determines that neither of the options set forth above are reasonable, Brazos Technology may fulfill its obligations hereunder by terminating this Agreement and refunding to Licensee the license fees paid by Licensee to Brazos Technology hereunder, prorated over a period of five (5) years. 9. Limitation of Liability. a. LICENSEE EXPRESSLY ACKNOWLEDGES AND AGREES THAT BRAZOS TECHNOLOGY SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES OR ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY ECONOMIC LOSS, PROPERTY DAMAGE, PHYSICAL INJURY, LOST PROFITS, LOST SAVINGS, LOSS OF RECORDS OR LOSS OF DATA, ARISING OUT OF THE USE OF THE SOFTWARE OR DOCUMENTATION, REGARDLESS OF WHETHER ARISING UNDER BREACH OF CONTRACT, WARRANTY, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY OR CLAIM, EVEN IF BRAZOS TECHNOLOGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR IF SUCH LOSS OR DAMAGE COULD HAVE BEEN REASONABLY FORESEEN. b. LICENSEE EXPRESSLY ACKNOWLEDGES AND AGREES THAT UNDER NO CIRCUMSTANCES SHALL THE ENTIRE LIABILITY OF BRAZOS TECHNOLOGY FOR ANY LOSS OR CLAIM ARISING OUT OF THIS AGREEMENT, ANY USE OF THE SOFTWARE OR DOCUMENTATION, OR ANY INABILITY TO USE THE SOFTWARE OR DOCUMENTATION, EXCEED THE SUM OF THE LICENSE FEE PAID BY LICENSEE TO BRAZOS TECHNOLOGY HEREUNDER. 10. Allocation or Risks. LICENSEE ACKNOWLEDGES AND AGREES THAT THE LICENSEE FEE PAID BY LICENSEE TO BRAZOS TECHNOLOGY FAIRLY AND ACCURATELY REFLECTS THE ALLOCATION OF RISKS BETWEEN LICENSEE AND BRAZOS TECHNOLOGY, INCLUDING WITHOUT LIMITATION, THE TERMS AND Brazos Technology Software License Page 3 of 7 CONFIDENTIAL INFORMATION V1.0 CONDITIONS SET FORTH IN THE WARRANTY AND LIMITATION OF LIABILITY SECTIONS OF THE AGREEMENT. LICENSEE FURTHER ACKNOWLEDGES AND AGREES THAT ANY MODIFICATIONS TO THE ALLOCATIONS OF RISK WOULD REQUIRE BRAZOS TECHNOLOGY TO CHARGE A HIGHER LICENSEE FEE FOR THE SOFTWARE AND DOCUMENTATION. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LICENSEE ACKNOWLEDGES AND AGREES THAT EACH OF THE TERMS AND CONDITIONS SET FORTH IN THE WARRANTY AND LIMITATION OF LIABILITY SECTIONS OF THIS AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT, EVEN IF ANY REMEDY CONTAINED HEREIN IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. 11. Term and Termination. a. This Agreement shall commence as of the Effective Date and shall continue unless and until terminated as set forth herein. b. Either party may terminate this Agreement in the event that the other party commits a material breach of this Agreement and fails to cure such material breach within twenty (20) days after receiving written notice of the same. C. Brazos Technology may terminate this Agreement, immediately upon written notice to Licensee, in the event that Licensee fails to use the Software and Documentation for the purpose contemplated herein. d. Immediately upon any termination of this Agreement, Licensee shall return to Brazos Technology any and all copies of any Software or Documentation in its possession. e. The terms and conditions of this Agreement relating to Non -disclosure, Warranty, Limitation of Liability and Allocation of Risks shall survive any termination or expiration of this Agreement. 12. Assignment. Licensee acknowledges and agrees that it may not assign any right or obligation arising under this Agreement to any third party without the express written consent of Brazos Technology which may be withheld for any or no reason. 13. Governing Law. This Agreement, including its interpretation, performance and enforcement shall be governed by and construed in accordance with the laws of the State of Texas applicable to contracts entered into and performed in Brazos County, and exclusive jurisdiction over any dispute arising out of or relating to this Agreement shall be held by the appropriate state and/or federal courts located in Brazos County, Texas. 14. Binding Effect. This Agreement shall inure to the benefit of and binding upon the parties hereto and to their respective successors and legal representatives. Brazos Technology Software License Page 4 of 7 CONFIDENTIAL INFORMATION V1.0 15. Nonwaiver. No provisions of this Agreement will be waived by any party except in writing. The parties hereto agree that the waiver by any party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach of that provision by the same party, or any other provision or condition of this Agreement. 16. No Joint Venture. Nothing herein contained shall be construed to place the parties in the relationship of partners, joint venturers, or principal and agent and neither party shall have any power to obligate or bind the other party in any manner whatsoever. 17. Severability. If any provision or application of this Agreement shall be held invalid or unenforceable the remaining provisions and applications of this Agreement shall not be affected, but rather shall remain valid and enforceable. 18. Entire Agreement. This Agreement constitutes the entire agreement and supersedes any and all other understandings and agreements between the parties with respect to the subject matter hereof and no representation, statement or promise not contained herein shall be binding on either party. This Agreement may be modified only by a written amendment duly signed by persons authorized to sign agreements on behalf of the parties and shall not be supplemented or modified by any course of dealing or trade usage. Brazos Technology Software License Page 5 of 7 CONFIDENTIAL INFORMATION V1.0 IN WITNESS WHEREOF, the parties have hereunder executed this Agreement effective as of the date last signed. CITY OF Signed: Print Name: Kevin Carruth D. is AU�-- BRAZOS TECHNOLOGY Print Name: Michael S. McAleer Title: President Date: _ q -,q°`I Brazos Technology Software License Page 6 of 7 CONFIDENTIAL INFORMATION EXHIBIT A Two (2) Run IT software license for PDA Software Includes: Unlimited number of logins to the PDA One -Year of Software Maintenance One -Year of Software Support Configuration/Installation Fee Configuration Includes: Customized PDA/Web screen layouts Customized citation receipt for defendant Customized citation report for court and PD Integration with LT Systems Extended Training 2 days of on-site training of officers 1 day of administrator training Classroom and practical training $1,300 USD $7,500 USD $3,000 USD * Brazos will deliver the equipment to eliminate shipping to customer. Brazos Technology Software License Page 7 of 7 CONFIDENTIAL INFORMATION 6)brazos technology v1.a SOFTWARE MAINTENANCE AGREEMENT This Agreement ("Agreement") is made and entered into and effective 2e day of August 2009, by and between Brazos Technology Corporation, having its principal place of business at 707 South Texas Ave, Suite 103D, College Station, Texas 77840, USA ("Brazos Technology") and City of Paris, a Texas Municipality, having its principal place of business at 135 Is' Street SE, Paris, TX 75461 ("Licensee"). Licensee WHEREAS, BRAZOS TECHNOLOGY has provided to Licensee certain software as specified in Exhibit A of this Agreement ("Covered Software") pursuant to a software license agreement between the parties (the "License Agreement"); and WHEREAS, Licensee wishes to have BRAZOS TECHNOLOGY provide maintenance and support services pursuant to the terms and conditions of this Agreement; NOW, THEREFORE, the parties agree as follows: I. INCORPORATION OF DOCUMENTS The following documents are attached hereto and, by this reference, incorporated in this Agreement: Exhibit A Covered Sites, Software & Configuration Exhibit B Authorized Licensee Contacts Exhibit C Services and Fees II. COVERAGE During the term of this Agreement, BRAZOS TECHNOLOGY agrees to provide maintenance and support services for the Covered Software operating at the site(s) and on the hardware configurations listed in Exhibit A ("Maintenance Services"). Unless specifically listed in Exhibit A, Section ll, Covered Software does not include hardware vendor operating systems and other system software, Licensee -developed software, and third -party software (except any third party software embedded in the Covered Software). III. DESCRIPTION OF MAINTENANCE SERVICES A. Support Services. During the term of this Agreement, BRAZOS TECHNOLOGY will provide the services described herein so as to maintain the Covered Software in good working order, keeping it free from material defects so that the Covered Brazos Technology Maintenance Agreement Page 1 of 11 CONFIDENTIAL INFORMATION 6)brazos technology V1.0 Software shall function properly and in accordance with the accepted level of performance as set forth in the License Agreement. (1) Service Response. BRAZOS TECHNOLOGY will make available to Licensee a telephone number (the "Support Center HOTLINE") for licensee to call requesting service of the Covered Software. The Support Center HOTLINE operates 24 x 7 x 365. The HOTLINE can also be used to notify BRAZOS TECHNOLOGY of problems associated with the Covered Software and related documentation. B. Remedial Support. Upon receipt by BRAZOS TECHNOLOGY of notice from Licensee through the Support Center HOTLINE of an error, defect, malfunction or nonconformity in the Covered Software, BRAZOS TECHNOLOGY shall respond as provided below: Severity 1: Produces an emergency situation in which the Covered Software is inoperable, produces incorrect results, or fails catastrophically. RESPONSE: BRAZOS TECHNOLOGY will provide a response by a qualified member of its staff to begin to diagnose and to correct a Severity 1 problem as soon as reasonably possible, but in any event a response via telephone will be provided within one (1) hour. BRAZOS TECHNOLOGY will continue to provide best efforts to resolve Severity 1 problems in less than forty-eight (48) hours. The resolution will be delivered to Licensee as a work -around or as an emergency software fix. If BRAZOS TECHNOLOGY delivers an acceptable work -around, the severity classification will drop to a Severity 2. Severity 2: Produces a detrimental situation in which performance (throughput or response) of the Covered Software degrades substantially under reasonable loads, such that there is a severe impact on use; the Covered Software is usable, but materially incomplete; one or more mainline functions or commands is inoperable; or the use is otherwise significantly impacted. RESPONSE: BRAZOS TECHNOLOGY will provide a response by a qualified member of its staff to begin to diagnose and to correct a Severity 2 problem as soon as reasonable possible, but in any event a response via telephone will be provided within four (4) hours. BRAZOS TECHNOLOGY will exercise best efforts to resolve Severity 2 problems within five (5) days. The resolution will be delivered to Licensee in the same format as Severity 1 problems. If BRAZOS TECHNOLOGY delivers an acceptable work -around for a Severity 2 problem, the severity classification will drop to a Severity 3. Severity 3: Produces an inconvenient situation in which the Covered Software is usable, but does not provide a function in the most convenient or expeditious manner, and the user suffers little or no significant impact. Brazos Technology Maintenance Agreement Page 2 of 11 CONFIDENTIAL INFORMATION to)brazos technology RESPONSE: BRAZOS TECHNOLOGY will exercise best efforts to resolve Severity 3 problems in the next maintenance release. Severity 4: Produces a noticeable situation in which the use is affected in some way which is reasonably correctable by a documentation change or by a future, regular release from BRAZOS TECHNOLOGY. RESPONSE: BRAZOS TECHNOLOGY will provide, as agreed by the parties, a fix or fixes for Severity 4 problems in future maintenance releases. C. Maintenance Services. During the term of this Agreement, BRAZOS TECHNOLOGY will maintain the Covered Software by providing software updates and enhancements to Licensee as the same are offered by BRAZOS TECHNOLOGY to its licensees of the Covered Software under maintenance generally ("Updates"). All software updates and enhancements provided to Licensee by BRAZOS TECHNOLOGY pursuant to the terms of this Agreement shall be subject to the terms and conditions of the License Agreement between the parties. Updates will be provided on an as -available basis and include the items listed below: (1) Bug fixes; (2) Enhancements to market data service software provided by BRAZOS TECHNOLOGY to keep current with changes in market data services or as BRAZOS TECHNOLOGY makes enhancements; (3) Enhancements to keep current with the current hardware vendor's OS releases, as available from BRAZOS TECHNOLOGY, provided that the current hardware vendor's OS release is both binary and source - compatible with the OS release currently supported by BRAZOS TECHNOLOGY; and (4) Performance enhancements to Covered Software. (5) Updates do not include: (a) Platform extensions including product extensions to (i) different hardware platforms; (ii) different windowing system platforms; (iii) different operating system platforms; and (b) New operating system updates or hardware bios updates. Updates will be provided in machine-readable format and updates to related documentation will be provided in hard copy form. All such deliveries shall be made electronically to the installed computers automatically during a sync Brazos Technology Maintenance Agreement Page 3 of 11 CONFIDENTIAL INFORMATION to)brazos technology v1.o process. Licensee agrees to sync each device no less than once per month to obtain any software or configuration changes. Duplication, distribution and installation of documentation updates are the responsibility of Licensee. If requested, BRAZOS TECHNOLOGY will provide on-site assistance in the installation of Updates on a time and materials basis, plus expenses. BRAZOS TECHNOLOGY will provide support services for previous releases for a minimum period of six (6) months following the general availability of a new release or software update. After this time, BRAZOS TECHNOLOGY shall have no further responsibility for supporting and maintaining the prior releases. BRAZOS TECHNOLOGY assumes no responsibility for the correctness of, performance of, or any resulting incompatibilities with, current or future releases of the Covered Software if the Licensee has made changes to the system hardware/software configuration or modifications to any supplied source code which changes effect the performance of the Covered Software and were made without prior notification and written approval by BRAZOS TECHNOLOGY. BRAZOS TECHNOLOGY assumes no responsibility for the operation or performance of any Licensee -written or third -party application. D. Services Not Included. Maintenance Services do not include any of the following: (1) custom programming services; (2) on-site support, including installation of hardware or software; (3) support of any software not Covered Software; (4) training; or (5) out-of-pocket and reasonable expenses, including hardware and related supplies. IV. ON-SITE SUPPORT As requested by Licensee, and upon reasonable notice and approval by BRAZOS TECHNOLOGY, BRAZOS TECHNOLOGY shall maintain personnel at any of the covered Sites. On-site personnel will perform ongoing system administration, monitoring, reconfiguration and tuning, problem diagnosis, and resolution, and interfacing with Licensee personnel on production system issues, to the extent possible during normal business hours. These personnel shall also be responsible for the installation of new BRAZOS TECHNOLOGY software releases on the production system and the distribution of documentation updates. In addition, on-site personnel will provide training to Licensee personnel on the operation and administration of the Covered Software as time permits. V. TIME AND MATERIALS SERVICES A. For Non-BRAZOS TECHNOLOGY Problems. In the event that Licensee notifies BRAZOS TECHNOLOGY of a problem experienced by Licensee in connection with the operation of the Covered Software, BRAZOS TECHNOLOGY shall respond as provided in Section III.B., above. If the cause of Brazos Technology Maintenance Agreement Page 4 of 11 CONFIDENTIAL INFORMATION 6)obrazos technology V1.0 such problem is not an error, defect or nonconformity in the Covered Software, Licensee shall compensate BRAZOS TECHNOLOGY for all work performed by BRAZOS TECHNOLOGY in connection therewith, on a time and materials basis at Brazos Technology's then current standard rates, unless otherwise agreed by the parties in writing at the time, plus expenses. Expenses for travel and travel - related expenses and individual expenses in excess of US$500 require the prior approval of Licensee. B. For Non-BRAZOS TECHNOLOGY Software. Upon request and reasonable notice from Licensee, BRAZOS TECHNOLOGY will provide assistance in the installation of non-BRAZOS TECHNOLOGY software on a time and materials basis, plus expenses. Non-BRAZOS TECHNOLOGY software consists of any software not specifically listed in Exhibit A, Section Il, including the following: 1. New releases and updates to hardware vendor operating systems and other system software not listed in Exhibit A; 2. Licensee -developed software; and 3. Third -party software (except third party software embedded in the Covered Software). VII. ACCESS Software Maintenance is conditioned upon provision by Licensee to BRAZOS TECHNOLOGY of reasonable appropriate access to the system(s) running the Covered Software, including, but not limited to, passwords, system data, file transfer capabilities, and remote log -in -capabilities. BRAZOS TECHNOLOGY will maintain security of the system and use such access only for the purposes of this Agreement and will comply with Licensee standard security procedures. Information accessed by BRAZOS TECHNOLOGY agents or employees as a result of accessing Licensee system shall be deemed confidential information pursuant to the terms of the Software License Agreement executed concurrently between the parties hereto. Licensee shall also use commercially reasonable efforts to provide an active voice telephone line at each site which is available continuously when required for support access. VIII. PROBLEM REPORTING AND TRACKING PROCEDURES Licensee may use the services described herein only by making reference to the authorized support Agreement number. All such reports and requests will be made through the authorized individuals (up to two [2] per site), designated by Licensee in Exhibit B, who may be changed by Licensee from time to time by written notice to BRAZOS TECHNOLOGY. A twenty-four (24) hour Support Center HOTLINE is provided for problem reporting outside of normal business hours. Brazos Technology Maintenance Agreement Page 5 of 11 CONFIDENTIAL INFORMATION to)brazos technology IX. FEES V1.0 A. Maintenance Fees. Fees for Maintenance Services provided under this Agreement are contained in Exhibit C. Any time a site or software package is added or deleted from Exhibit A, BRAZOS TECHNOLOGY will automatically adjust and/or amend Exhibit A and Exhibit C accordingly. BRAZOS TECHNOLOGY will also perform a bi-annual audit of all sections in Exhibit A. If changes have occurred, BRAZOS TECHNOLOGY will adjust and/or amend Exhibit A and Exhibit C, and maintenance fees will be adjusted accordingly. Rates will be reviewed and adjusted accordingly when another site is added and/or the workstation/server base increases (i.e., added equipment and/or installed software) and/or software to be supported exceeds the Covered Software. B. Expenses. Licensee agrees to reimburse BRAZOS TECHNOLOGY for reasonable expenses related to the performance of services. Expenses may include, but are not limited to, charges for materials, freight, travel (including lodging and associated expenses), printing and documentation, and other out-of-pocket expenses reasonably required for performance. Expenses for travel and travel -related expenses and individual expenses in excess of US$500 require the prior approval of Licensee. X. PAYMENT A. Maintenance fees and fees for on-site support, if applicable, will be invoiced annually, thirty (30) days in advance of the year. XI. EXCLUSION OF LIABILITY BRAZOS TECHNOLOGY MAKES AND LICENSEE RECEIVES NO WARRANTY EXPRESS OR IMPLIED AND THERE IS EXPRESSLY EXCLUDED ALL WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. LICENSEE ACKNOWLEDGES AND AGREES THAT THE MAINTENANCE FEES AND OTHER CHARGES WHICH BRAZOS TECHNOLOGY IS CHARGING UNDER THIS AGREEMENT DO NOT INCLUDE ANY CONSIDERATION FOR ASSUMPTION BY BRAZOS TECHNOLOGY OF THE RISK OF LICENSEE CONSEQUENTIAL OR INCIDENTAL DAMAGES OR OF UNLIMITED DIRECT DAMAGES. ACCORDINGLY, BRAZOS TECHNOLOGY SHALL HAVE NO LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT FOR CONSEQUENTIAL, EXEMPLARY, OR INCIDENTAL DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT IN THE CASE OF GROSS NEGLIGENCE OR WILFUL MISCONDUCT, IN NO EVENT SHALL BRAZOS TECHNOLOGY BE LIABLE HEREUNDER TO LICENSEE FOR CUMULATIVE DIRECT DAMAGES IN ANY AMOUNT GREATER THAN THAT PAID BY LICENSEE TO BRAZOS TECHNOLOGY UNDER THIS AGREEMENT AS A Brazos Technology Maintenance Agreement Page 6 of 11 CONFIDENTIAL INFORMATION 6)brazos technology v1.0 MAINTENANCE FEE FOR THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE ACCRUAL OF THE CAUSE OF ACTION. XII. General A. Each party acknowledges that it is bound by the terms of this Agreement and further agrees that it is the complete and exclusive statement of the Agreement between the parties, which supersedes and merges all prior proposals, understandings and all other Agreement with respect to software maintenance, oral and written, between the parties relating to this Agreement. This Agreement may not be modified or altered except by a written instrument duly executed by both parties. B. This Agreement and performance hereunder shall be governed by and construed in accordance with the laws of the State of Texas. Any and all proceedings relating to the subject matter hereof shall be maintained in the state or federal courts of Brazos County, Texas, which courts shall have exclusive jurisdiction for such purpose. Each of the parties waives any objection to venue or in personam jurisdiction, provided that service is effective. C. if any provision of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby. D. Neither party may assign, without the prior written consent of the other, its rights, duties or obligations under this Agreement to any other person or entity, in whole or in part. E. The waiver or failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder. XIII. TERM AND TERMINATION The term of this Agreement shall be for one (1) year. Software Maintenance service shall commence upon the expiration of the Warranty Period set forth in the License Agreement and shall remain in effect for the original one-year (1 -year) term and, thereafter, for renewal terms on a year-to-year basis until terminated (i) by Licensee in the event the Covered Software is taken out of service and upon sixty (60) days' notice to BRAZOS TECHNOLOGY; (ii) by either party upon sixty (60) days' notice prior to the expiration of the original one-year (1 -year) or any subsequent one-year (1 - year) renewal term; (iii) by either party upon a default of the other party, such default remaining uncured for thirty (30) days from the date of written notice from the non - defaulting party to the other specifying such default; (iv) upon the bankruptcy or insolvency of BRAZOS TECHNOLOGY; or (v) the License Agreement is terminated. Upon such termination, BRAZOS TECHNOLOGY shall refund to Licensee a portion of Brazos Technology Maintenance Agreement Page 7 of 11 CONFIDENTIAL INFORMATION 6)b - zzs olow the maintenance fee prorated to reflect the date of termination and neither BRAZOS TECHNOLOGY nor Licensee shall have any further obligations hereunder. IN WITNESS WHEREOF, each party has caused a counterpart of the original of this Agreement to be executed as of the date first written above by Its duly authorized representative. CITY OF Signed: Print Name: Kevin Carruth_ Title: City Manager Date: BRAZOS TECHNOLOGY �. . - • � .. 1.: �, if Print Name: Michael S McAleer Title: President Date: -o Brazos Technology Maintenance Agreement Page 8 of I I CONFIDENTIAL INFORMATION 6)brazos technology EXHIBIT A -- COVERED SITES, SOFTWARE AND CONFIGURATION A. Covered Sites. This Agreement covers the following Licensee sites: Paris Police Department Paris Municipal Court B. Covered Software. This Agreement covers the following software components at each site listed in Exhibit A, Section A: Brazos BuildIT Website for eCitation processing Brazos RunlT Mobile software eCitation processing for both Symbol MC70/MC75s C. Covered Configuration. This Agreement covers the following configuration: Two (2) workstation/PDA licenses of Covered Software purchased by Licensee. Brazos Technology Maintenance Agreement Page 9 of 11 CONFIDENTIAL INFORMATION Obm gggow EXHIBIT B — AUTHORIZED LICENSEE CONTACTS For purposes of this Agreement, the following individuals shall be designated per site as the authorized Licensee support contacts: Paris PD Address: 2910 Clarksville Street, Paris, TX 75460 Name Title Phone # Contact: Randy Tuttle Asst. Chief of Police 903 737-4110 —Melissa Ma Dept Court Clerk 903 737-4107 Brazos Technology Maintenance Agreement Page 10 of 11 CONFIDENTIA1 INFORMATION 6)brazos technology v1.o EXHIBIT C -- SERVICES AND FEES A. Maintenance Fee Maintenance Services for the applications and configuration listed in Exhibit A will be included in the software cost for the first year of this Agreement. This fee will be adjusted at each anniversary date of this Agreement to the then current pricing. Should additional software be licensed and installed at the Covered Site(s), the fee will be adjusted to reflect the additional software. Brazos Technology Maintenance Agreement Page 11 of 11 CONFIDENTIAL INFORMATION Item No. 17 f TO: Mayor, Mayor Pro Tem and City Council Grayson Path, City Manager Robert Vine, Deputy City Manager FROM: Doug Harris, Assistant City Manager SUBJECT: EASEMENT FOR ONCOR POWER LINES AND POLES AT WWTP DATE: January 22, 2024 BACKGROUND: During phase 1 of the WWTP project new facilities will be constructed on available locations of the treatment plant grounds. Electric service will be required for the new infrastructure, Oncor is the service provider. STATUS OF ISSUE: Accommodation of electricity for new facilities requires relocation of existing Oncor power lines and poles. An easement for power lines and poles, as well as a right-of-way easement for ingress and egress to perform necessary work, is required before Oncor can complete the relocation service. Staff, Garver and Thalle have reviewed the power pole alignment presented by Oncor and determined the location to be appropriate for operations of the wastewater treatment plant. The Oncor fee for relocation/removal of the power lines and poles is $115,064.16, but no billing for the work will occur at this time is. Oncor will distribute their fee, over time, through monthly billings, once the new service is established. The easement and right of way document, Oncor Discretionary Service Agreement and survey information are attached to this memorandum. BUDGET: No budget is required for authorization of the easement. OPTIONS: 1. Authorize the Mayor to sign the Easement and Right of Way Document and the Oncor Discretionary Service Agreement. 2. Deny the Mayor from signing the Easement and Right of Way Document and the Oncor Discretionary Service Agreement. RECOMMENDATION: 1. Authorize the Mayor to sign the Easement and Right of Way Document and the Oncor Discretionary Service Agreement. PT #: 2023-7544 District: EAST WO#: 20392661 ER#: EASEMENT AND RIGHT OF WAY THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS, COUNTY OF LAMAR § That CITY OF PARIS, hereinafter called "Grantor," whether one or more, for and in consideration of Ten and No/100 Dollars ($10.00) and other valuable consideration to Grantor in hand paid by Oncor Electric Delivery Company LLC, a Delaware limited liability company, located at 1616 Woodall Rodgers Freeway, Dallas, Texas, 75202-1234, hereinafter referred to as "Grantee", has granted, sold and conveyed and by these presents does grant, sell and convey unto said Grantee, their successors and assigns, an easement and right-of-way for overhead and/or underground electric supply and communications facilities, consisting of a variable number of poles, guys, anchors, wires and cables, supporting structures, surface mounted equipment, transformers, switchgears, auto - transformers, conduits, manholes, vaults, and all necessary or desirable appurtenances over, under, through, across, and upon Grantor's land described as follows: SEE EXHIBIT "A" (ATTACHED) Grantor recognizes that the general course of said lines, or the metes and bounds as above described, is based on preliminary surveys only, and Grantor hereby agrees that the easement and right -of way and its general dimensions hereby granted shall apply to the actual location of said lines when constructed. Together with the right of ingress and egress along and upon said easement and right-of-way and over and across Grantor's adjoining properties for the purpose of and with the right to construct, maintain, operate, repair, remove, replace, reconstruct, abandon in place, and to change the size and capacity of said facilities; the right to relocate said facilities in the same relative direction of said facilities; the right to relocate said facilities in the same relative position to any adjacent road if and as such road is widened in the future; the right to lease wire space for the purpose of permitting others to string or lay wire or cable along said facilities; the right to prevent excavation within the easement area; the right to prevent construction of, within the easement area, any and all buildings, structures or other obstructions which, in the sole judgment of Grantee, may endanger or interfere with the efficiency, safety, and/or convenient operation of said facilities and their appurtenances, and the right to trim or remove trees or shrubbery within, but not limited to, said easement area, including by use of herbicides or other similar chemicals approved by the U. S. Environmental Protection Agency, to the extent in the sole judgment of Grantee, as may be necessary to prevent possible interference with the operation of said facilities or to remove possible hazard thereto. Grantor shall not make changes in grade, elevation or contour of the land or impound water within the easement area as described above without prior written consent of Grantee. Grantor reserves the right to use the land within the above described easement area for purposes not inconsistent with Grantee's use of such property, provided such use shall not, in the sole judgment of the Grantee, interfere with the exercise by the Grantee of the rights hereby granted. TO HAVE AND TO HOLD the above described easement and right-of-way unto the said Grantee, its successors and assigns, until all of said electric lines and facilities shall be abandoned, and in that event said easement and right-of-way shall cease and all rights herein granted shall terminate and revert to Grantor or Grantor's heirs, successors or assigns; and Grantor hereby binds Grantor and Grantor's heirs, successors, assigns, and legal representatives, to warrant and forever defend the above described easement and right-of-way unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. EXECUTED this day of , 2024. GRANTOR: CITY OF PARIS By: Reginald B. Hughes - Mayor STATE OF TEXAS § COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared REGINALD B. HUGHES, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of CITY OF PARIS, as the MAYOR, thereof, for the purposes and consideration therein expressed, in the capacity therein stated and he is authorized to do so. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of . A. D. 2024. Notary Public in and for the State of Texas EXHIBIT A ONCOR Electric Delivery Company, LLC Metes and Bounds Description 20' Electric Easement 0.8091 Acre Lamar County, Texas November 2023 Being 0.8091 acre of land situated approximately 6.8 miles North 08°12' East of the Lamar County Courthouse being part of the Samuel Worthington Survey, Abstract Number 983, being part of a called 28.74 acre tract of land conveyed from the United States of America to the City of Paris on March 1, 1950 by Deed recorded in Volume 316, Page 67 of the Deed Records of Lamar County, Texas and being part of a called 3.04 acre tract of land conveyed from George Robbins and wife, Virginia Robbins to the City of Paris on January 19, 1979 by Warranty Deed recorded in Volume 609, Page 917 of the Deed Records of Lamar County, Texas. The said 0.8091 acre tract of land fully described by metes and bounds as follows: Beginning at a 6 inch wood fence comer found (Controlling Monument, hereafter referred to as CM) at the Southwest comer of the aforementioned called 3.04 acre tract and an interior corner of a tract of land conveyed from Edgar Ray Ground and wife, Mildred Louise Ground to Jack D. Bestman and wife, Pamela F. Bestman on March 27, 1997 by Warranty Deed recorded in Volume 677, Page 56 of the Real Property Records of Lamar County, Texas; Thence North 01'53'18" West, along the common boundary line of the aforementioned called 3.04 acre tract and the aforementioned Besteman tract, a distance of 88.10 feet to a point for easement corner from which a '/x inch capped (Whitley] iron rod found bears North 01 *53'18" West 25.26 feet; Thence across the aforementioned called 3.04 acre tract and the aforementioned called 28.74 acre tract the following calls: North 05°00'38" East 382.62 feet, North 64029146" East 167.06 feet, North 16044144" West 21.42 feet, North 73°15'l 6" East 20.00 feet, South 16°44'44" East 21.19 feet, North 80029124" East 330.00 feet, North 09030'36" West 10.00 feet, North 80°29'24" East 20.00 feet, South 09030'36" East 10.84 feet, North 85°31'51" East 239.69 feet, South 04°28'09" East 20.00 feet, South 85031151" West 35.86 feet, South 00039130" West 141.46 feet, North 89020130" West 20.00 feet, North 00°39'30" East 139.66 feet, South 85031151" West 192.47 feet, South 80°29'24" West 160.69 feet, South 25°31'00" East 106.34 feet, South 04°19'27" West 94.44 feet, South 05°56'53" West 65.64 feet, North 84003107" West 20.00 feet, North 05°56'53" East 65.36 feet, North 04019'27" East 88.83 feet, North 25°31'00" West 106.75 feet, South 80029124" West 49.95 feet, South 09022'06" East 94.77 feet, South 80037154" West 20.00 feet, North 09022106" West 94.72 feet, South 80°29'24" West 95.51 feet, South 64029'46" West 162.81 feet, South 05000'38" West 369.98 feet, South 01053115" East 88.93 feet to the common boundary line of the aforementioned called 3.04 acre tract and the aforementioned Besteman tract; Thence North 89°06'42" West, along the common boundary of the aforementioned called 3.04 acre tract and the aforementioned Bestman tract, a distance of 20.10 feet to the place of beginning and containing 0.8091 acre of land. NOTES 1. The Reference Bearing for the tract of land described hereon is NAD 1983 Texas State Plane Coordinate System Zone 4202. 2. A one page 11"x17" sized survey plat accompanies this metes and bounds description. 3. Easement corners were not monumented in the field. I, KEVIN K. WHITLEY, REGISTERED PROFESSIONAL LAND SURVEYOR, #5892, STATE OF TEXAS, DO HEREBY CERTIFY THAT THE ABOVE DESCRIPITON IS TAKEN FROM MEASEUREMENTS UP THE GROUN AND WAS COMPLETED ON NOVEMBER 9, 2023. OF T �" KEVIN K. WHITLEY, El,l'l, DATE LEY HAITERv° ... eH61M8ERIn6 4 �5892 . PAGE TWO OF TWO} Ilractical Infrastructure ` 4445 SE Loop 286 1 Paris, TX 754601 P903.785.0303 I TxSury F -10028600y NM TEAN 56 CITY OF PARIS DR VOL 316, PO 67 CALLED 25.74 ACRES SAMUEL WORTHINGTON SURVEY A-983 MF . BESTEMAN & ELA F. SF.STEMAN 3L 677, PG 56 LEGEND • CIRF os453'1 ♦ FC FENCE CORNER POST x POINT FOR EASEMENT CORNER �L-2�7N 1-W 25.29 COUNTY CLERK'S DOCUMENT NUMBER OR Y . BESTEMAN & ELA F. SF.STEMAN 3L 677, PG 56 NOTES I. THEREFERENCE BEARING FOR THE TRACT OF LAND SHOWN HEREON IS NAD 1993 TEXAS STATE PLANE COORDINATE SYSTEM TONE 4202 2. A ONE PAGE METES AND BOUNDS DESCRIPTION OF THE 2D FOOT WIDE ELECTRIC EASEMENT SHOWN HEREON ACCOMPANIES THIS PLAT. 3. THIS ORIGINAL PLAT IS ON AN 11"X 17" SIZED SHEET 4. EASEMENT CORNERS SHOWN HEREON WERE NOT MONUME'NTED IN THE FIELD. 1, KEVIN K. WHITLEY. REGISTERED PROFESSIONAL LAND SURVEYOR FOR THE STATE OF TEXAS, RPLS 05392, DO HEREBY CERTIFY THAT THE PLAT SHOWN HEREIN REPRESENTS AN ACTUAL ON -THE -GROUND SURVEY CONDUCTED BY ME, COMPLETED ON NOVEMBER 9, 2023. _ - - - - EXHIBIT A ---------- ONCOR ELECTRIC DELIVERY COMPANY, LLC 20' ELECTRIC EASEMENT 0.8091 ACRES LAMAR COUNTY, TEXAS NOVEMBER 2023 d x'4"0-,-,G�4aAY'C�n PAGE ONE OF TWO LEGEND • CIRF IR"CAPPED IRON ROD FOUND ♦ FC FENCE CORNER POST x POINT FOR EASEMENT CORNER (CM) CONTROLLING MONUMENT CC0 COUNTY CLERK'S DOCUMENT NUMBER OR OFFICIAL. PROPERTY RECORDS RP REAL PROPERTY RECORDS DR DEED RECORDS PR PLAT RECORDS POB POINT OF BEGINNING — X — WIRE FENCE — — — — EXISTING PROPERTY LINE —Esw— EXISTING ACCESS EASEMENT NOTES I. THEREFERENCE BEARING FOR THE TRACT OF LAND SHOWN HEREON IS NAD 1993 TEXAS STATE PLANE COORDINATE SYSTEM TONE 4202 2. A ONE PAGE METES AND BOUNDS DESCRIPTION OF THE 2D FOOT WIDE ELECTRIC EASEMENT SHOWN HEREON ACCOMPANIES THIS PLAT. 3. THIS ORIGINAL PLAT IS ON AN 11"X 17" SIZED SHEET 4. EASEMENT CORNERS SHOWN HEREON WERE NOT MONUME'NTED IN THE FIELD. 1, KEVIN K. WHITLEY. REGISTERED PROFESSIONAL LAND SURVEYOR FOR THE STATE OF TEXAS, RPLS 05392, DO HEREBY CERTIFY THAT THE PLAT SHOWN HEREIN REPRESENTS AN ACTUAL ON -THE -GROUND SURVEY CONDUCTED BY ME, COMPLETED ON NOVEMBER 9, 2023. _ - - - - EXHIBIT A ---------- ONCOR ELECTRIC DELIVERY COMPANY, LLC 20' ELECTRIC EASEMENT 0.8091 ACRES LAMAR COUNTY, TEXAS NOVEMBER 2023 d x'4"0-,-,G�4aAY'C�n PAGE ONE OF TWO . . M ... . .. Tariff for Retail Delivery Service 6N C9,Nz, Oncor Electric Delivery Company LLC . .. . ..... . 100� 6.3 Agreements and Forms Applicable- Entire Certified Service Area Effective Date: September 21, 2009 Page I of 2 6.3.5 Discretionary Service Agreement WR # 20392661 Transaction ID: n1a This Discretionary Service Agreement ("Agreement") is made and entered Into this 4th day of January 2024 by Oncor Elfzcbir; 7-y*im;�dWffy 6 7 and City of Paris ("Customer"), a Texas Municipality each hereinafter sometimes referred to individually as "Party" or both referred to collectively as the "Parlies". In consideration of the mutual covenants set forth herein, the Parties agree as follows: 1. Discretionary Services to be Provided — Company agrees to provide, and Customer agrees to pay for, the following discretionary services in accordance with this Agreement. Day 2 FACILITIES RELOCATION/REMOVAL CHARGE of $115,064.16 described as follows: Relocate existing overhead and underground electric facilities per request at the City of Paris Waste Water treatment plant located at 393 Gate 2 Rd, Powderly, TX 75473. No billing will take -flace for this work at this time on this WO. The above amount will be included toward the cost to serve the new electric load at the wzste hwo-W, AMON.' Rules and Company's Retail Delivery Ta riff. Company's Retail Delivery Tariff is part of this Agreement to the same extent as if fully set out herein. Unless otherwise expressly stated in this Agreement, the terms used herein have the meanings ascribed thereto in Company's Retail Delivery Tariff. 3. Discretionary Service Charges — Charges for any discretionary services covered by this Agreement are determined in accordance with Company's Retail Delivery Tariff. Company and Customer agree to comply with PUCT or court orders concerning discretionary service charges. 4. Term and Termination -- This Agreement becomes effective upon acceptance by Customer and continues in effect until services are provided by Company Termination of this Agreement does not relieve Company or Customer of any obligation accrued or accruing prior to termination. & No Other Obligations — This Agreement does not obligate Company to provide, or entitle Customer to receive, any service not expressly provided for herein. Customer is responsible for making the arrangements necessary for it t o receive any further services that it may desire from Company or any third party. 6. Governing Law and Regulatory Authority -- This Agreement was executed in the State of Texas and must in all respects be governed by, interpreted, construed, and enforced in accordance with the laws thereof. This Agreement is subject to all valid, applicable federal, state, and local laws, ordinances, and rules and regulations ofd constituted regulatory authorities having jurisdiction. 7. Amendment —This Agreement may be amended only upon mutual agreement of the Parties, which amendment will not be effective until reduced to writing and executed by the Parties. But changes to applicable PUCT Substantive Rules and Companys Retail Delivery Tariff are applicable to this Agreement upon their effective date and do not require an amendment of this Agreement. I'T loumlip,� 14 0--il"i 9. Notices -- Notices given under this Agreement are deemed to have been duly delivered if hand delivered or sent by United States certified mail, return receipt requested, postage prepaid, to: (a) If to Company: Oncor 9;(Cric Delivery Gafv,?-nv Tariff for Retail Delivery Service 4c Oncor Electric Delivery Company LLC 6 tqz 6.3 Agreements and Forms Applicable: Entire Certified Service Area Effective Date: September 21, 2009 Page 2 of 2 (b) If to Customer: Rgip inald �Hugheiy 125 1 st Street SE .Rp-r.J!g TX �7460 10. Invoicing and Payment ® Invoices for any discretionary services covered by this Agreement will be mailed by Company to the following address (or such other address directed in writing by Customer), unless Customer is capable of receiving electronic invoicing from Company, in is case Company is enfitled to transmit electronic invoices to Customer. City. �f Paris n/a n/a n/a If Company transmits electronic invoices to Customer, Customer mu st make payment to Company by electronic funds transfer. Electronic invoicing and payment by electronic funds transfer will be conducted in accordance with Company's standard procedures. Company must receive payment by the due date specified on the invoice. If payment is not received by the Company by the due date shown on the invoice, 9. late fee will be calculated and added to the unpaid balance until the entire invoice is paid. The late fee will be 5% of the unpaid balance per invoice period. it. No Waiver — The failure of a Party to this Agreement to insist, on any occasion, upon strict performance of any provision this Agreement will not be considered to waive the obligations, rights, or duties imposed upon the Parties. 12. Taxes -- All present or future federal, state, muicipal, or oter lawful taxes (other than federal income taxes) applicable by reason of any service performed by Company, or any compensation paid to Company, hereunder must be paid by Customer. 13. Headings — The descriptive headings of the various articles and sections of this Agreement have been inserted for convenience of reference only and are to be afforded no significance in the interpretation or construction of this Agreement. 14Multiple C ounterparts — This Agreement may be executed in two or m ore counterparts, each of which is deemed an original but all constitute one and the same instrument. I 16. Other Terms and Conditions — (I) Customer has disclosed to Company all underground facilities owned by Customer or any other party that is not a pub[ utility or governmental entity, that are located within real property owned by Customer. In the event that Customer has failed to do so, or in t event of the existence of such facilities of which Customer has no knowledge—Company, its agents and contractors. sh nature whatsoever, to Customer, or Customer's agents or assignees, for any actual or consequential damages resulting from damage to such l undisclosed or unknown facilities. VQ Ckl��ris agrees4hatfaymentshal��evvithin3Odaysef4he-date4he-p is completed or the date theminvelce4s, received� whichever is laten (Iii) The Discretionary Service Charges provided in this agreement are for Oncor Electric Delivery facilities only and do not include any charges related to the relocation of any facilities owned by a franchised utility, governmental entity, or licensed service provider r Electri (Joint User). The customer must contact all Joint Users and make arrangements to have their facilities transferred or relocated. Onco *efivexy c2AA,*t cz,-wjt- ete, tX-e reI*c-2tiox/rerY.*vRI if ftcilities *utlixeein tXis 7,3reevieM uAfil JAM Liser(s) reAtve fteirf2cifities 2,Tq-cX��, it Ox Electric Delivery Poles. OV) (iv) Customer agrees to provide an executed Company easement and exhibit for all new electric facilities to be located in o on private property for this project. IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed by their respective duly authorized representatives. 111 RVNIA 0 1- 511 kim Signature Reginald B. Hughes Printed Name Iun Date Date Item No. 18 TO: Mayor, Mayor Pro -Tem & City Council Grayson Path, City Manager FROM: M.A. Smith, Public Works Director Bill Loranger, Parks/ROWS Department Superintendent SUBJECT: 2024 ANNUAL GROUNDS MAINTENANCE BID DATE: January 22, 2024 ei361021"1 The City of Paris Public Works Department sent out a request for bids for grounds maintenance, per property. This is contracted mowing of City Parks. Bidding was conducted on an individual park basis so as to allow us to take the best price per park, giving us the best price overall with the most land being mowed under our limited budget. STATUS OF ISSUE: The City received three sealed bids for grounds maintenance on January 4, 2024, and would like to award the bids accordingly. The contract period is February 14, 2024 through December 31, 2024. Per budget limitations and based on the bids received, 75.61 acres are recommended to contractors, leaving 100.89 acres for the parks department to mow. We will also be mowing another 126.5 acres of land that were not included in the bid due to size, location, etc., leaving a total of 227.39 acres for the parks department to maintain. The bid tabulation sheet is attached. Those parks highlighted in yellow will be awarded a contract. BUDGET: Funding is budgeted in the Parks Department, with $90,000.00 set aside for contracted mowing. We are requesting award for a total of $88,735.00. We would like to set aside the remaining difference for unexpected expenses necessary in mowing the contracted parks. RECOMMENDATION: Award two bids and contracts for: • 10 properties, for a total of 49.64 acres, to Adams Lawn Service in the amount of $49,530.00 • 20 properties, for a total of 34.35 acres, to Green's Lawn Service in the amount of $39,205.00 2024 GROUNDS MAINTENANCE BIDS TABULATION Tim Adams Jerry Green Eric Lewis Adams Lawn Service Green's Lawn Service U Lawn Service 635 Cedar Creek 3610 Clement 531 SE CR 3115 Reno 75462 Paris 75460 903.332.1820 Corsicana 75109 Est # of Mowing Mows Cost per Cost per Cost per Acres Per Year. Mow Annual Cost Mow Annual Cost Mow Annual Cost 2.49 26 $120.00 $3,120.00 $150.00 $3,900.00 $303.75 $7,897.50 0.25 26 $45.00 $1,170.00 7$40.00 $1,040.00 $101.25 $2,632.50 0.75 26 $45.00 $1,170.00 $45.00 $1,170.00 $168.75 $4,387.50 6.49 26 $290.00 $7,540.00 $350.00 1 $9,100.00 $573.75 $14,917.50 0.67 26 $135.00 $3,510.00 $50.00 $1,300.00 $135.00 $3,510.00 1.44 26 $150.00 $3,900.00 $145.00 $3,770.00 $303.75 $7,897.50 8.8 26 $350.00 $9,100.00 $400.00 $10,400.00 $978.75 $25,447.50 8.5 26 $200.00 $5,200.00 $195.00 $5,070.00 $945.00 $24,570.00 9.52 26 $325.00 $8,450.00 $400.00 $10,400.00 $1,113.75 $28,957.50 6.34 26 $275.00 $7,150.00 $400.00 $10,400.00 $540.00 $14,040.00 4.02 26 $150.00 $3,900.00 $150.00 $3,900.00 $506.25 $13,162.50 7.62 26 $300.00 $7,800.00 $350.00 $9,100.00 $843.75 $21,937.50 6.46 26 $250.00 $6,500.00 $230.00 $5,980.00 $553.50 $14,391.00 11 1 $43,160.00 $22,230.00 $7,067.25 $183,748.50 roperty is to be bid separately and will be awarded on an individual basis. 2024 GROUNDS MAINTENANCE BIDS TABULATION Mowing I Mows Perl Cost per Acres I Tim Adams Jerry Green 0.44 Adams Lawn Service Green's Lawn Service 2 635 Cedar Creek 3610 Clement 2 Reno 75462 Paris 75460 903.332.1820 Mowing I Mows Perl Cost per Acres I Year Mow 0.44 17 $45.00 2 17 $85.00 2 17 $85.00 2.96 1 17 1 5350.00 0.98 17 $50.00 0.25 17 $40.00 0.91 17 1 $40.00 5.24 17 $225.00 0.75 17 $75.00 0.18 17 $60.00 is to be bid Eric Lewis U Lawn Service 531 SE CR 3115 Corsicana 75109 $5,950.00 1 $345.00 1I $5,865.00 1 $391.50 1 $6,655.50 $850.00 Cost per $850.00 Cost per $2,295.00 Annual Cost Mow Annual Cost Mow Annual Cost $765.00 $45.00 $765.00 $101.25 $1,721.25 $1,445.00 $35.00 $595.00 $263.25 $4,475.25 $1,445.00 $100.00 $1,700.00 $263.25 $4,475.25 $5,950.00 1 $345.00 1I $5,865.00 1 $391.50 1 $6,655.50 $850.00 $50.00 $850.00 $135.00 $2,295.00 $680.00 $40.00 $680.00 $101.25 $1,721.25 $680.00 $50.00 $850.00 $135.00 $2,295.00 $3,825.00 $300.00 $5,100.00 $405.00 $6,885.00 $1,275.00 $70.00 $1,190.00 $168.75 $2,868.75 $1,020.00 $50.00 $850.00 $74.25 $1,262.25 $5,950.00 $10,795.00 $2,038.50 $34,654.50 and will be awarded on an individual basis. 2024 GROUNDS MAINTENANCE BIDS TABULATION Tim Adams Jerry Green Adams Lawn Service Green's Lawn Service 635 Cedar Creek 3610 Clement Mowing I Mows Perl Cost per Acres Year Mow 0.04 12 $40.00 0.03 12 $40.00 0.5 12 $60.00 3.8 12 $350.00 0.15 12 $40.00 0.23 12 $35.00 0.18 12 $40.00 Eric Lewis U Lawn Service 531 SE CR 3115 is to be bid separately and will be awarded on an individual basis. Cost per Cost per Annual Cost Mow Annual Cost Mow Annual Cost $480.00 $25.00 $300.00 $65.00 $780.00 $480.00 $25.00 $300.00 $55.00 $660.00 $720.00 $40.00 $480.00 $101.25 $1,215.00 $4,200.00 $350.00 $4,200.00 $472.50 $5,670.00 $480.00 $35.00 $420.00 $114.75 $1,377.00 $420.00 $40.00 $480.00 $94.50 $1,134.00 $480.00 $40.00 $480.00 $75.00 $900.00 $420.00 $6,180.00 $978.00 $11,736.00 $49,530.00 $39,205.00 is to be bid separately and will be awarded on an individual basis. THE STATE OF TEXAS § COUNTY OF LAMAR § THIS CONTRACT is entered into on this day of , 2024, by and between the CITY OF PARIS, TEXAS, a municipal corporation located in Lamar County, Texas, (hereinafter referred to as "CITY"), acting by and through its City Manager or his designee, and ADAMS LAWN SERVICE, acting by and through its principal officer, Tim Adams ("hereinafter referred to as "CONTRACTOR") whose address is 635 Cedar Creek Drive, Reno, Texas, 75462. WITNESSETH: WHEREAS, CITY desires to obtain services from CONTRACTOR for mowing services on specified city -owned properties within the City of Paris; WHEREAS, CONTRACTOR is qualified to provide such services and is willing to undertake the performance of such services for CITY in exchange for fees hereinafter specified; NOW, THEREFORE, THAT IN CONSIDERATION of the covenants and agreements hereinafter contained and subject to the terms and conditions hereinafter stated, the parties hereto do mutually agree as follows: I. Em to went of Contractor CONTRACTOR will perform as an independent contractor all services under this Contract to the prevailing professional standards consistent with the professional level of care and skill ordinarily provided by competent members of its profession, both public and private, currently practicing in the same or similar locality under the same or similar circumstances. If CONTRACTOR is representing that it has special expertise in one or more areas to be utilized in this Contract, then CONTRACTOR agrees to perform those special expertise services to the appropriate local, regional and national professional standards. II. Scoe of Services CONTRACTOR shall perform the following services: Grounds Maintenance services according to the specifications and schedule forth in Attachment A: Agreement for Ground Maintenance Specifications on the following properties: 1. Bywaters Park -300 Block South Main 2. Culbertson Park -800 13th SE 3. Heritage Park -1200 Block Bonham St. 4. Leon Williams Park -700 W. Henderson 5. Oak Park -2515 Bonham St. 6. Wade Park -2400 E. Price 7. 271 N Roadside Park 8. Ellis Park -1310 E. Washington 9. Mrs. Joan Mathis Park -1300 Block of Johnson 10. 24th St. and Clarksville median Attachment A is hereby incorporated herein by reference and made a part hereof as if written word for word. However, in case of conflict in the language of Attachment A and this Contract, the terms and conditions of this Contract shall be final and binding upon both parties hereto. III. Payment for Services Total payment for services described herein shall not exceed the total amount of FOURTY-NINE THOUSAND FIVE HUNDRED THIRTY DOLLARS AND NO/100 CENTS ($49,530.00) in accordance with Attachment B, CONTRACTOR's bid, incorporated herein by reference for all purposes. This total payment for services includes CONTRACTOR's ordinary expenses such as salary costs, overhead, direct expenses and profit. Additional expenses which are extraordinary in nature shall be approved in advance by CITY in writing signed by the parties. Such extraordinary expenses may be paid as incurred and billed to the CITY pursuant to this Contract over and above the total payment amount identified in this provision. Any extraordinary expenses not approved in writing in advance by the CITY shall remain the sole responsibility of the CONTRACTOR. CONTRACTOR will bill CITY monthly. Each invoice shall provide supporting information describing the work completed. If additional services or expenses are requested, CONTRACTOR will not provide such additional services until authorized by CITY in writing to proceed. The scope of services shall be strictly limited. CITY shall not be required to pay any amount in excess of the amount identified in the preceding paragraph unless CITY shall have approved in writing in advance (prior to the performance of additional work) the payment of additional amounts. Within thirty (30) days of receipt of each such invoice, CITY shall make payment in the amount shown by CONTRACTOR's approved statements and other documentation submitted. Such payments shall be subject to the Texas Prompt Payment Act, Texas Government Code §§ 2251.001, et seq. Nothing contained in this Contract shall require CITY to pay for any work that is unsatisfactory as determined by CITY or which is not submitted in compliance with the terms of this Contract, nor shall failure to withhold payment pursuant to the provisions of this section constitute a waiver of any right, at law or in equity, which CITY may have if CONTRACTOR is in default, including the right to bring legal action for damages or for specific performance of this Contract. Waiver of any default under this Contract shall not be deemed a waiver of any subsequent default. IV. Revisions of the Sco a of Services CITY reserves the right to revise or expand the scope of services after due approval by CITY as CITY may deem necessary, but in such event CITY shall pay CONTRACTOR equitable compensation for such services. In any event, when CONTRACTOR is directed to revise or expand the scope of services under this Section of the Contract, CONTRACTOR shall provide CITY a written proposal for the entire cost involved in performing such additional services. Prior to CONTRACTOR undertaking any revised or expanded services as directed by CITY under this Contract, CITY must authorize in writing the nature and scope of the services and accept the method and amount of compensation and the time involved in all phases of the Project. It is expressly understood and agreed by CONTRACTOR that any compensation not specified in Paragraph III hereinabove may require approval by the City Council and is subject to the current budget year limitations. V. Term and Time of Performance The effective date of this Contract shall be February 14, 2024, and shall conclude on December 31, 2024 (the "initial term"). This Contract shall automatically renew for up to four (4) one-year renewal terms, for a total of five one-year terms inclusive of the initial and renewal terms subject to the CITY'S appropriation of funds in each budget year affected by this Contract. Either party may opt out of any or all renewal terms by giving the other party written notice no later than thirty (30) days prior to the expiration of a term in accordance with Section XVIII herein. The CONTRACTOR shall commence services upon execution of this Contract. VI. Contract Termination Provision This Contract may be terminated at any time by CITY for any cause by providing CONTRACTOR thirty (30) days written notice of such termination. Upon receipt of such notice, CONTRACTOR shall immediately terminate working on, placing orders or entering into contracts for supplies, assistance, facilities or materials in connection with this Contract and shall proceed to promptly cancel all existing contracts insofar as they are related to this Contract. The CITY will only be obligated to compensate the CONTRACTOR in a just and equitable manner for those services performed prior to the effective date of termination and upon the CONTRACTOR's submitting a statement of actual services performed and payment requested. VII. Ownership of Documents All materials and documents prepared or assembled by CONTRACTOR under this Contract shall become the sole property of CITY and shall be delivered to CITY without restriction on future use. CONTRACTOR may retain in its files copies of all drawings, specifications and all other pertinent information for the work. CONTRACTOR shall have no liability for changes made to any materials or other documents by others subsequent to the completion of the Contract. VIII. Insurance Rei uirements Before commencing work, the CONTRACTOR shall, at its own expense, procure, pay for and maintain during the term of this Contract insurance in accordance with the requirements set forth in Attachment C hereto, written by companies approved by the State of Texas, and acceptable to the City of Paris. The CONTRACTOR shall furnish to the City Clerk copies of the insurance policies required herein stating coverages, limits, expiration dates and compliance with all applicable required provisions. Policies shall reference the project and be addressed as follows: City of Paris 150 SE First St Paris TX 75460 IX. Ri ht to Ins ect Records CONTRACTOR agrees that CITY shall have access to and the right to examine any books, documents, papers and records of CONTRACTOR involving transactions relating to this Contract. CONTRACTOR agrees that CITY shall have access during normal working hours to all necessary CONTRACTOR facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. CITY shall give CONTRACTOR reasonable advance notice of intended audits. CONTRACTOR further agrees to include in subcontract(s), if any, a provision that any subcontractor agrees that CITY shall have access to and the right to examine any directly pertinent books, documents, papers and records of such engineer or sub- contractor involving transactions to the subcontract, and further, that CITY shall have access during normal working hours to all such sub -contractor facilities and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of the paragraph. CITY shall give any such sub -contractor reasonable advance notice of intended audits. X. Successors and Assigns CITY and CONTRACTOR each bind themselves and their successors, executors, administrators and assigns to the other party to this contract and to the successors, executors, administrators and assigns of such other party in respect to all covenants of this Contract. Neither CITY nor CONTRACTOR shall assign or transfer its interest herein without the prior written consent of the other. XI. Contractor's Liability and Warrant Acceptance of the final work by the CITY shall not constitute nor be deemed a release of the responsibility and liability of CONTRACTOR, its employees, associates, agents or CONTRACTORs for the acceptable completeness of the work; nor shall such acceptance be deemed an assumption of responsibility by CITY for any defect in the work; nor shall such acceptance be deemed an assumption of responsibility by CITY for any defect in the work prepared by said CONTRACTOR, its employees, associates, agents or subcontractors. CONTRACTOR herein provides a one (1) year warranty on workmanship and a five (5) year warranty on the plaster. CONTRACTOR further provides a thirty (30) day warranty on tile, brick, and rock repairs. XII. INDEMNIFICATION CONTRACTOR DOES HEREBY COVENANT AND CONTRACT TO WAIVE ANY AND ALL CLAIMS, AND TO RELEASE, INDEMNIFY, AND HOLD HARMLESS THE CITY, ITS CITY COUNCIL, OFFICERS, EMPLOYEES, AND AGENTS, IN BOTH THEIR PUBLIC AND PRIVATE CAPACITIES, FROM AND AGAINST ALL LIABILITY, CAUSES OF ACTION, CITATIONS, CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LOSSES, PENALTIES OR SUITS, WHICH IN ANY WAY ARISE OUT OF, RELATE TO, OR RESULT FROM CONTRACTOR'S PERFORMANCE UNDER THIS CONTRACT AND WHICH ARE CAUSED BY THE INTENTIONAL WRONGFUL ACTS OR NEGLIGENT ACTS OR OMISSIONS OF CONTRACTOR OR CONTRACTOR'S SUBCONTRACTORS AND THE OFFICERS, AGENTS OR EMPLOYEES OF EITHER CONTRACTOR OR CONTRACTOR'S SUBCONTRACTORS (THE "INDEMNIFIED ITEMS") SUBJECT TO THE LIMITATIONS IN TEXAS LOCAL GOVERNMENT CODE § 271.904 AND TEXAS CIVIL PRACTICE AND REMEDIES CODE, § 130.002(B). BY WAY OF EXAMPLE, THE INDEMNIFIED ITEMS MAY INCLUDE PERSONAL INJURY AND DEATH CLAIMS AND PROPERTY DAMAGE CLAIMS, INCLUDING THOSE FOR LOSS OF USE OF PROPERTY, AS WELL AS INTELLECTUAL PROPERTY INFRINGEMENT OR FAILURE TO PAY A SUBCONTRACTOR OR SUPPLIER. INDEMNIFIED ITEMS SHALL INCLUDE REASONABLE ATTORNEYS' FEES AND COSTS, COURT COSTS, AND SETTLEMENT COSTS. INDEMNIFIED ITEMS SHALL ALSO INCLUDE ANY EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES, INCURRED BY AN INDEMNIFIED INDIVIDUAL OR ENTITY IN ATTEMPTING TO ENFORCE THIS INDEMNITY. XIII. Independent Contractor CONTRACTOR's status shall be that of an Independent Contractor and not an agent, servant, employee or representative of CITY in the performance of this Contract. No term or provision of or act of CONTRACTOR or CITY under this Contract shall be construed as changing that status. CONTRACTOR will have exclusive control of and the exclusive right to control the details of the work performed hereunder, and shall be liable for the acts and omissions of its officers, agents, employees, contractors, subcontractors and engineers and the doctrine of respondeat superior shall not apply as between CITY and CONTRACTOR, its officers, agents, employees, contractors, subcontractors and engineers, and nothing herein shall be construed as creating a partnership or joint enterprise between CITY and CONTRACTOR. CITY and CONTRACTOR shall not be construed to be in any type of joint venture with respect to the scope of work set forth in this Contract. XIV. Default If at any time during the term of this Contract, CONTRACTOR shall fail to commence the work in accordance with the provisions of this Contract or fail to diligently provide services in an efficient, timely and careful manner and in strict accordance with the provisions of this Contract or fail to use an adequate number or quality of personnel to complete the work or fail to perform any of its obligations under this Contract, then CITY shall have the right, if CONTRACTOR shall not cure any such default after thirty (30) days written notice thereof, to terminate this Contract. Any such act by CITY shall not be deemed a waiver of any other right or remedy of CITY. If after exercising any such remedy due to CONTRACTOR's nonperformance under this Contract, the cost to CITY to complete the work to be performed under this Contract is in excess of that part of the Contract sum which has not theretofore been paid to CONTRACTOR hereunder, CONTRACTOR shall be liable for and shall reimburse CITY for such excess. CONTRACTOR'S liability under this provision shall be limited to the total dollar amount of this Contract. This Section XIV shall not supersede and shall be in addition to CITY's right under Section VI to terminate this contract for any reason upon thirty (30) days' written notice of such termination. CITY's remedies for CONTRACTOR's default or breach under this Contract shall be one or more of the following remedies which may be exercised separately or in combination at CITY's sole exclusive choice: (a) Specific performance of the Contract; (b) Re -performance of this Contract at no extra charge to CITY; or, (c) Monetary damages in an amount not to exceed the greater of: (1) The amount of any applicable insurance coverage CONTRACTOR is required to purchase and maintain under this Contract plus any deductible amount to be paid by CONTRACTOR in conjunction with said coverage regardless of whether CONTRACTOR has actually purchased and maintained said coverage; or, (2) The total dollar amount of this Contract. The terms of Sections XII entitled Indemnification, and XVII entitled Confidential„ Information shall survive termination of this Contract. m... XV. Chan yes CITY may, from time to time, require changes in the scope of services to be performed under this Contract. Such changes as are mutually agreed upon by and between CITY and CONTRACTOR shall be incorporated by written modification to this Contract. XVI. Conflict of Interest CONTRACTOR covenants and agrees that CONTRACTOR and its associates and employees will have no interest, and will acquire no interest, either direct or indirect, which will conflict in any manner with the performance of the services called for under this Contract. All activities, investigations and other efforts made by CONTRACTOR pursuant to this Contract will be conducted by employees, associates or subcontractors of CONTRACTOR. XVII. Confidential Information CONTRACTOR hereby acknowledges and agrees that its representatives may have access to or otherwise receive information during the furtherance of its obligations in accordance with this Contract, which is of a confidential, non-public or proprietary nature. CONTRACTOR shall treat any such information received in full confidence and will not disclose or appropriate such Confidential Information for its own use or the use of any third party at any time during or subsequent to this Contract. As used herein, "Confidential Information" means all oral and written information concerning City of Paris, its affiliates and subsidiaries, and all oral and written information concerning CITY or its activities, that is of a non-public, proprietary or confidential nature including, without limitation, information pertaining to customer lists, services, methods, processes and operating procedures, together with all analyses, compilation, studies or other documents, whether prepared by CONTRACTOR or others, which contain or otherwise reflect such information. The term "Confidential Information" shall not include such materials that are or become generally available to the public other than as a result of disclosure by CONTRACTOR, or are required to be disclosed by a governmental authority or pursuant to a properly submitted request under the Texas Public Information Act. XVIII. Mailing Address All notices and communications under this CONTRACT to be mailed to CITY shall be sent to the address of CITY's agent as follows, unless and until CONTRACTOR is otherwise notified: Grayson Path City Manager City of Paris Post Office Box 9037 Paris, Texas 75461 Notices and communications to be mailed or delivered to CONTRACTOR shall be sent to the address of CONTRACTOR as follows, unless and until CITY is otherwise notified: Tim Adams 635 Cedar Creek Drive Reno, TX 75462 Any notices and communications required to be given in writing by one party to the other shall be considered as having been given to the addressee on the date the notice or communication is posted, faxed or personally delivered by the sending party.. XIX. A licable Law The CONTRACT is entered into subject to the Paris City Charter and ordinances of CITY, as same may be amended from time to time, and is subject to and is to be construed, governed and enforced under all applicable State of Texas and federal laws. CONTRACTOR will make any and all reports required per federal, state or local law including, but not limited to, proper reporting to the Internal Revenue Service, as required in accordance with CONTRACTOR's income. Situs of this Contract is agreed to be Lamar County, Texas, for all purposes, including performance and execution. XX. Severability If any of the terms, provisions, covenants, conditions or any other part of this Contract are for any reason held to be invalid, void or unenforceable, the remainder of the terms, provisions, covenants, conditions or any other part of this Contract shall remain in full force and effect and shall in no way be affected, impaired or invalidated. XXI. Remedies No right or remedy granted herein or reserved to the parties is exclusive of any other right or remedy herein by law or equity provided or permitted; but each shall be cumulative of every other right or remedy given hereunder. No covenant or condition of this Contract may be waived without written consent of the parties. Forbearance or indulgence by either party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Contract. XXII. Entire Agreement This Contract embodies the complete agreement of the parties hereto, superseding all oral or written previous and contemporaneous agreements between the parties relating to matters herein, and except as otherwise provided herein cannot be modified without written agreement of the parties. XXIII. Non -Waiver It is further agreed that one (1) or more instances of forbearance by CITY in the exercise of its rights herein shall in no way constitute a waiver thereof. XXIV. Headins The headings of this Contract are for the convenience of reference only and shall not affect any of the terms and conditions hereof in any manner. XV. Venue The parties to this Contract agree and covenant that this Contract will be enforceable in Paris, Texas; and that if legal action is necessary to enforce this Contract, exclusive venue will lie in Lamar County, Texas, or in the United States District Court for the Eastern District of Texas, Sherman Division. XXVI. No Third Party Beneficiary For purposes of this Contract, including its intended operation and effect, the parties (CITY and CONTRACTOR) specifically agree and contract that: (1) the Contract only affects matters/disputes between the parties to this Contract, and is in no way intended by the parties to benefit or otherwise affect any third person or entity notwithstanding the fact that such third person or entity may be in contractual relationship with CITY or CONTRACTOR or both; and (2) the terms of this Contract are not intended to release, either by contract or operation of law, any third person or entity from obligations owing by them to either CITY or CONTRACTOR. XXVII Incorporation of Provisions Required by Law Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and this Contract shall be read and enforced as though each were included herein. If through mistake or otherwise any such provision is not inserted or is not correctly inserted, the Contract shall be amended to make such insertion on application by either party. XXVIII E ual Em to ment Qvvort#Ritj In the performance of this Contract, the CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, national origin or any other protected class. XXIX Form 1295 CONTRACTOR, in compliance with the laws of the State of Texas, will execute and file Form 1295, notice of interested parties, which can be found on the website of the Texas Ethics Commission at XXX Mandator Non -Boycott and other Provisions Contractor acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate. Pursuant to Section 2271.002 of the Texas Government Code, Contractor certifies that either (i) it meets an exemption criterion under Section 2271.002; or (ii) it does not boycott Israel and will not boycott Israel during the term of the Agreement. Contractor acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate. Pursuant to SB 13, 87th Texas Legislature, Contractor certifies that either (i) it meets an exemption criterion under SB 13, 87th Texas Legislature; or (ii) it does not boycott energy companies, as defined in Section 1 of SB 13, 87th Texas Legislature, and will not boycott energy companies during the term of the Agreement. Contractor acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate. Pursuant to SB 19, 87th Texas Legislature, Contractor certifies that either (i) it meets an exemption criterion under SB 19, 87th Texas Legislature, or (ii) it does not discriminate against a firearm entity or firearm trade association, as defined in Section 1 of SB 19, 871h Texas Legislature, and will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. Contractor acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate. Pursuant to Subchapter F, Chapter 2252, Texas Government Code, Contractor certifies that Contractor is not engaged in business with Iran, Sudan, or a foreign terrorist organization. Contractor acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate. ATTEST: Janice Ellis City Clerk APPROVED AS TO FORM: Stephanie H. Harris City Attorney CITY OF PARIS GRAYSON PATH City Manager Date Signed: Adams Lawn Service By: Tim Adams Title: [Remainder of page left blank intentionally.] 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, a Texas Municipal Corporation, known to me to be the person who's name is subscribed to the foregoing instrument, and acknowledged to me that he has executed the same on the City's behalf. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF , 2024. Notary Public Lamar County, Texas My commission expires .- THE STATE OF TEXAS § COUNTY OF LAMAR § This instrument was acknowledged before me on the day of 2023, by Tim Adams in his capacity as of Adams Lawn Service of Paris, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged that he executed the same on behalf of and as the act of GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF .2024. Notary Public County, Texas My commission expires Attachment A During the growing season, all areas listed below will have maintenance performed on a weekly and biweekly basis or on an *as -needed* basis, as„ .d.et.e..Tmined --- by' the Paris., Cit�,,, fP s.,a_1 __,)1�ointqq for that a ' property. This will include an estimated twenty six (26) mows per year every 7 to 10 days or as needed for all '!A "properties. An estimated seventeen (17) mowings per year every 11 to 21 days, or as needed for'"properties and an estimated twelve (12) mowings per year every three to five weeks for "C" properties. The mowing schedule to be followed is attached. Additional mowings could be requested on any of the individual areas to be mowed. Any partial mow or adjustment ofproperty size, regardless of reason, will reflect a partial payment of same percentage of adjustment. Any adjustment of mowings and payments require separate invoices. The Fountain Plaza and Culbertson tennis court area will be required to be mowed with a push -type mower. This schedule may be adjusted due to weather conditions. *as -needed" is determined by city appointee 2. The City will give three (3) to five (5) days advance notice for mowing any given location when additional mows are needed or any scheduled change. 3. Contractor is responsible for the following: Mow all existing grass or turf on property; weedeat around all fence lines, trees, tables, pavilions, playground equipment or other applicable structures on property; edge all applicable concrete including curb and sidewalks; remove all clippings; blow dust, clippings and leaves off hard surface areas; trim applicable hedges and shrubs on property (per specifications by the city appointee); remove weeds, debris and leaves from any applicable flower beds. The contractor is also responsible for mowing, trimming and leaf control through the summer months and on an as -needed basis through the winter months. 4. Contractor may use subcontractors to perform up to fifty percent (50%) of the contract. Contractor will be solely responsible for supervising said subcontractors and for obtaining insurance coverage for all subcontractors performing work under this contract. All subcontractors and equipment must be approved by the City of Paris prior to any work being performed. Contractor must notify the city appointee as to who their subcontractor is and provide proof of insurance. All litter and debris will be removed by the contractor prior to mowing. No separate pay item will be allowed for litter control. Any paper, cans, or bottles cut or broken during maintenance operations shall be completely removed from the site immediately prior to proceeding with the maintenance of other areas. Contractor is responsible for any cost as result from damage by their employees, equipment orprocedures to facilities during visits. 6. Any area that contains a creek, drainage area or channel shall be mowed or weedeated to conform with t he rest of property. Trimming around trees, shrubs, fences and all other obstructions will be performed using mechanical devices and/or hand labor when necessary. Weeds growing in cracks of curbing, sidewalks, pavestone and or concrete shall be removed by contractor. 7. Sidewalks and other pedestrian areas must be swept or blown clean after each cycle. It cannot be blown into streets or sewers - it must be picked up. 8. Mowing and trimming of weeds and grass over the entire area is to be completed to specifications before moving to the next property. 9. Shrubs and ground covers shall be hedged, pruned, or trimmed by the contractor on a regular basis on all contracted city properties during the mowing season. All resultant debris shall be removed by the contractor at his/her expense. Ttimming of large trees will be performed by Parks Department personnel and will not be considered part of the contractor's responsibilities. 10. Contractor shall remove all weeds from flower beds upon every maintenance cycle. This will include weeding the planters on the exterior side�valks ofthe plaza. 11. Bidders should include a list of references for whom they have perforined grounds mainteriancif during the past three (3) years. (Page attached to be completed.) 12. This contract shall be effective upon execution by the Paris city manager and will end December 3 1 ". The city will have the option to renew this contract, with contractor's agreement, for thi ee additional twelve (12) month terms with each renewal period beginning January I". Notice of renewal will be given to contractor within sixty (60) days prior to the end of the contract period. 13. Contractor and all subcontractors shall at all times during the initial term of this contract or any renewals thereof maintain a policy or policies of insurance which fully meets the requirements of the Insurar=o Requirements and Insurance Checklist attached hereto as Exhibit 'A" and made a part hereof. 14. Contractor must currently own or operate a landscaping company at time of bid submission and contractor must own or possess the equipment necessary to perform the work required. Noexceptions. A. The contractor(s) shall provide his/her own equipment, labor, fuel and any other materials necessary to complete the required work. The contractor(s) shall be responsible for the maintenance and repair of his/her own equipment and the availability, presence and supervision ofhis/her own employees. 1.114. The contractor(s) is required to have a competent and experienced supervisor/foreman, with each work group at all times. The supervisor/foreman referred to herein may be a working foreman operating a mower or other equipment. This supervisor/foreman must be able to communicate effectively with the city appointee. All workers employed by contracting company will be subj ect to a background search. The contractor will submit a list of all cur -rent employees with the bid 4 ocumexts. 15. The city reserves the right to request additional mowings on an individual basis as determined by the City of Paris appointee. The city reserves the right to add or subtract from the quantity or fi-equency of areas to be mowed as needed and the monthly payments will be adjusted accordingly. 16. In the event contractor is requested to perform additional mowings (anything over the designated limit per property/park/median) they shall invoice the city separately for this work, The same prop erty rate for the additional work shall apply. K 17. No property shall be mowed prior to the designated cycle time as per specifications. 18. Bidders are encouraged to contact the Parks Department Or the Director of Public Works at 903.784.9289 for assistance determining property boundaries for mowing and maintenance. Various changes have been made regarding facility boundaries since the lastproject. 19. The City of Paris reserves the right to reject any or all bids, to waive any informality in bidding, and to award the bid as may be most advantageous to the city. 20. The mowing of all sites shall include the mowing and trimming of all grass and weeds within each area. 21. All property to be mowed will be on contractor mowing list contained in the approved packet. 22. Alternate mowing service maybe revised bythe city appointee as conditions warrant. 23. Clippings shall not be blown into the street or roadway. Any excessive grass clippings causing piles or wind rows in parks are required to be raked up and removed. 24. Care shall be taken to protect trees and shrubs from damage by mowing and trimming equipment. 25. Turf -type tires will be mandatory on all equipment to avoid turf damage and rutting 26. A shredder will be allowed on once -a -month properties only. 27. Each property is to be bid separately and will be awarded on an individual basis. 28. Not all properties will be awarded (determination is based on budget allowances). A B C Every 7-10 DUs Every 11-21 Days Every 3-5 weeks 1. Bywaters Park 2. Courthouse -North 3. Courthouse - West 4. Culbertson Park 5. Farmers Market/Skate Park 6. Gateway 7. Heritage Park 8. Lake Crook Park 9. Leon Williams Park 10. Oak Park 11. Paris Aquatic Center 12. Culbertson Fountain and Plaza 13. Sports Complex 14. Wade Park 15. Wise Field 1. 10" NE Park 2. 82 W Roadside Park 3. 271 N Roadside Park 4. Cherry St Cemetery 5. Chisum Memorial 6. Dragon Park 7. Eastgate Park 8. Ellis Park 9. Mrs. Joan Mathis Park 10. Pauper Cemetery 11. Travis Tennis Courts 12. Walker Park and IeNW & ShilohMedian 1. 18ft' SE & Neathery Median 2. 10, SE & Nethery Median 3. 2400 BK Lamar Lot 4. Plum St Water Basin 5. Ridgeview median & 32" NE 6. 2411 SE & Clarksville Median 7. 2200 College St Median A. Properties High volume, occupied or frequent visitation by public (mow every 7-10 days). B. Properties Moderate volume, average visitation by public (mow every 11-21 days). C. Properties Low volume. Random visitation by public or vacant areas (mow/shred every 3-5 weeks). RIME A. Property - mow every 7-10 days from April thru July 18 Property - mow every 14-21. days from August thru October 4 Property - mow once every other month from November thru April 4 Total mows 26 mows per year B. Property - mow every 11-21 days April - July 9 Property - mow every 21-28 days August - October 4 Property -snow every 6- 8 weeks November -March 4 Total snows 17 C. Property - mow once a month year 'round 12 mows per year 4 Attachment B 5 2024-2025 GROt)N1 S MAlNT ENANCE BID FORM Name of Person Bidding ' � Adele 2S�wbm.thefollowingrNumber: arordanoe�w the sheds eafiptlons fort rnl ry mM .. I/W hereby.. . _... p e fu shing of labor, materials and equipment, and for performing all work required for grounds maintenance (mowing) on City of Paris parks and facilities. # Parks Mowing # of Mows Per Cost per Annual Cost Acres Year Mow Al__ Byw tens Park 300 BK S Main 2.49 26 mows „.. ..,. �.. ,....,,�........._ A2 Courthouse North 0.25 26 mows 515 C! �� �...� - _.. _.. ,o.�. rthouse West 0 75 26 mows r �p� A3 Courthouse .., �w �. ,�. 44 Culbertson Park - 80013th SE 6.49 26 mows 290 �° 0 __.._,,..__—...ry ry A5 Farmers Market/Skate Park 3101st SW 0 5 7Q A6 Gateway 2100 BKS Church 1.44 26 mows A7 Heritage Park -1200 BK Boam 8 8 nh26 mows A8 Lake Crook Park - CR 31700 8.5 26 mows �d� c—d A9 Leon Williams Park - 700 W Henderson 9.52 26 mows .... _ ...._......... ww _. �. _. A10 Oak Park - 2515 Bonham6.34 1 26 mows To A11 Cit Pool -1625 Clement4 02 26 mowsSD _ �...._.......� ®.�, --.,. ...�.... - L_�.. �,,..,. Al2- 'Culbertson Fountain and Plaza 0.76 26 mows A13 iSports Complex 2005 S Collegiate 39.88 26 mows A14 Wade Park - 2400 E Price 7.62 26 mows � r� ........... ..tih... - _...... A15 'Wise Field - 638 4th SW 6 46 26 mows w (���? ZV Bi 10th NE Park 0.44 � 17 mows "rte �� B2 82 W Roadside Park 2 17 mows B3 271 N Roadside Park 2 17 mows �' ...._..._. „-...... . _ n B4 Cher St Cemetery 6th NW & Cher 2 96m ..... __...17 mows 3 a� . Cherry ry�.�.rvrvrvrvrv�.n!..�. ...... _....... �.�.._�m,,,. B6 Dra on Park_ 24th 1100 BK W Wash „ mm . 0.98 17 mows ,j �L 65..Chisum Memorial _ - - � .8...... _ . � n � t SE, Collegiate, Jefferson 42.25 17 mows 68 k-EisPark -1310EWashin Eastgate 0 25 17 mows0 Eastgate Park 48th SE >on0 91 17 mows =COQ-' B9 rs Joan Mathis Park -1300 BK Johnson 5.24 17 mows WE u .� ,.,. _......��.._.�........ w.... .._..... ...... Pauper Cemetery 17th NE &Price 0.75 �7 mows 811 'Travis Tenors Courts 3270 Graham 018 17 mows r4Za� ,..a .,..o B18 17 mows ��.2 Walker Park and 18th NW & Shiloh Median 1 /D, mmmmmm. w Cl 18th SE &Neathery Median 0.04 12 mows C2 19th SE & Neathery Median 0.03 12 mows ��pM _____1_._ ............�.....w_ �._...... __. �."' C3 2.400 BK Lamar Lot 0.5 12 mows ............._�.... . -, Plum St Water Basin 3.8 12 mows C5 32nd NE & Rid evlew Median eo, 0 015 12 mows D`�" p T 2200 College St Median Jan 0 23 17 mows C6 24th SE & Clarksville Med... ........�....��.__. _ . 0� ...., _ ........ a C7 0.18 17 mows O Eacis to be bid separately and will be awarded on an individual basis. 1.) CONTACT PERSON h REFERENCES PHONE#. ._ e.... �. 'P 2. CONTACT PERSON:,,..,4 PHONE# e .. �...e 3.) CONTACT PERSON: PHONE# 4.) CONTACT PERSON: PHONE#k -Y � 77 O m THE REFERENCE SECTION MUST BE COMPLETED IN FULL TO BE CONSIDERED FOR AWARD. /"Y4 A.r+� Y DATE (MMfD01YYYY) INSURANCE 08/1512023 .......... ,. CERTIFICATE OF LIABILITY THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOTAFFIRMATWELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. ....... ..... w ._ -.w. . .,,,., �.wdw�. .�. .�. �� � .y�M._._ �..w.�-...�ry �-rv.�.. � � ........... IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In Ileu of such endorsement(s). ......... ,_ .... _ �-_.,... ,,� ,� �.� ..... M �..�...... PRODUCER ,,,,,,h T' Toni Jackson No" 903 7 X"^iI (903) 785-8434 1705 Lamar Avenue ADDRESS: I ......_"�p on:fen....................�e a�.." ..�.........- �...............�.�..._ y 0838 ani® lets diey.com P.O. Box 459. .mm INGNG GE ................... ... ._ . INSUrAi S AFFORDCOVERANAIC f Paris TX 75461-0459 INSURERA: Ohio Security Insurance Company 24082 iiu...... ..._.............. ... ..ee _....... ........... ..'.,K, IrosurtED INsuRERe. State Auto Insurance Companies � 000858 Adams Lawn Service LLC INSUia Rc: 835 Cedar Crkn.,�_ .... .... .._...� ........... .. INSURER 0: Reno TX 75462 INwSURER,. F: .................... ..,_.... . COVERAGESCERTIFICATE NUMBER: CL2381509998 RE�VISION NUMBER: ......... . ... . .....�. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I OUT 1�tD � � "E"' "IL"'a' "' TYPE OF INSURANCE POLICY NUMBER MAVIlG'5,7�"^Y"MYY Mh1dYJrVPb"r"1"�' .EACH COi1NERCIALGENERALLIABILITY OCCURRENCE(S $ 1000000 � 1,000,000 CLAIMS -MADE OCCUR K! I S €A�ABI�E $_„ MED E%P,.��",.Y e!!e..4"e!5° 15,000 $ A Y BLS65130968 08110/2023 08/10/2024 ... _............ .........ww......,. ,,, PERSONAL INJURY _. �. $ 1,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: � _--- GENERALAGGREGATE ---- '00 .._..,. m$ D PRO• x POLICY 0 JECT LOC PRODUCTS COMPlOPAGG ...n.. o PAGG ..._.� $ 2,000,000.. _. OTHER: Schedule__.. Mod Factor 1 . $ �..W�..._ .AUTOMOBILELIABi.. .... .. p,n.n. n. ....�.� ... m.......... �. .... ... ..... ..m ........, .._. COMBINER BINGLECIIT $ 1,000,000 ''... _M.___ �. ANYAUTO BODILY INJURY(Per person) $ B OWNED SCHEOULEO 10172730CA 05101/2023 05/01/2024 AUTOS ONLY AUTOS BODILY YINJURY (Per accident) $ HIRED �* Rtt DAMAGE , .....�.... .........„.,,, $ AUTOS ONLY AU ros ONLY .. r tlernl w_... m w„......� -,,,w,,..... - 19 BAPLS $ UMBRELLA LUIS OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS -MADE AGGREGATE $ .m... .,„.,,.. � $ WORKERS COMPENSATION PER 0TH - AND EMPLOYERS' LIAMUTY Y 1 N OFFlCCEEXCCLUDEDT ECUTIVE ❑ N f A (Mandatory in NERR E L DISEASE -IEA Ifyes.desedbeunder .........ww .. .w e,.�.-.��..,. ..._..........,.a�..-�..- „ DESCRIPTION OF OPERATIONS below ..,._.,..m.,,m. ..,.,m,m,.,...,,,m,,,,,,,,,,._„-,,,,•.,,,.M„•_._.........._..---,.._,.,,,,,__,. ( .............. ..... _. .................,_ ,,,,... ..__..--- ............_.,..., I E.L. DISEASE- POLICY LIMB ....,..............,.w,w„�. ''.: S ......................�....e ..n..mm.....n.. DESCRIPTION OF OPERATIONS f LOCATIONS 1 VEHICLES (ACORD 101, Additional Nional Remarks Schedule, mey beseeched IF more �� ���������• � .. space is renulmd) ������� .....,,,.._ ........... .... . ........ ......... Workers Comp can be issued once employees reach 5. Liability policy Includes Blanket additional insured, since required by contract, City of Paris is an additional insured on policy. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Paris ACCORDANCE WITH THE POLICY PROVISIONS. 135 SE 1 St St - �� .� _._.._...... ............ .w .�..-...�-ti-,, ,..w AUTHORIZED REPRESENTATIVE Paris TX 75460 ..d .................. ...... �........... � ,............. �........................m..,.......... 1988-2016 ACORD CORPORATION. All rights w�reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD INSURANCE REQUIREMENT AFFIDAVIT TO BE IIIA COMPLETED BY APPROPRIATE WSURANCEAGENT MUST BE RETURNED AS PART OFBID I, the undersigned agent, certify the insurance requirements contained in this bid for vendor/contractor/consultant/engineer/architect. If the City of Paris awards this contract, I will be able, within ten (10) working days of notification of such award, to furnish a valid insurance certificate to the City, meeting all of the requirements contained in this bid. " Agent's ature Ag °!t's Nam Signature a (Print or Type) Name �ofInsurance �'rie� W..�.....�� r Address of Agency �'lu cs► 'rx rl City/State/Zip Code Phone Name of Vendor/Contractor/Consultant/Engineer/Architect (Printor Type) SUBSCRIBED AND SWORN TO and before me this AT' aY of _ ry&l~ , 20A�3 gid)`,, ;,; Notary Pub ic, State of Texas Note to Agent: If this time requirement is not met, the City has the right to declare this vendor non -responsible and award the contract to the next lowest bidder meeting the specifications. If you have any questions concerning these requirements, please contact the City of Pans at 903.784.9289. SURA CE C CL IST Construction Projects ("X" means the coverage is required.) Coverage Required Limits (Figures Denote Minimums) X 1. Workers' Compensation & Statutory limits of State of Texas Employers' Liability per state $100,000 accident $100,000 disease requirements $500,000 policy limit disease 2. For Future Use $150,000 medical, safety program 3. City Approved Alternative Workers' Comp_ Program X 4. General Liability Minimum $250,000 each incident $500,000 per occurrence Complete entry No. 26 X 5. General aggregate applies per project (CGL) 6. Premises/Operations (Items No. 3-10 & 12 require) 7. Independent Contractors $500,000 combined single limit for bodily injury and property damage X 8. Products 9.Completed Operations 10. Contractual Liability 11. Personal Injury Liability 12. XCU Coverages 13. Automobile Liability 14. Owned, Hired&Non-owned 15. Motor C arrierAct Endorsement 16. Professional Liability 7 Damage each occurrence with $1,000,000 general aggregate that applies to project under contract $250,000 each incident $500,000 per occurrence $250,000 each incident $500,000 per occurrence $100,000 for property Damage each accident $500,000 Bodily Injury & Property Damage each accident 17. Garage Liability $_ BI & PD each occurrence 18. Garage Keepers' Legal Comprehensive 19. Owners' Protective Liability Collision/$500,000 combined single limit X 20. City named as additional insured on other than Workers Compensation. This coverage is primary to all other coverages the city maypossess. X 21.City provided with Waiver of Subrogation on Workers' Compensation Alternative program if applicable. X 22. Ten (10) days notice of cancelation, non -renewal, material change or coverage reduction endorsement required. The words "endeavor to" and "but failure" (at end of sentence) are to be eliminated from the Notice of Cancellation provision on standard ACORD certificates. 23. The City of Paris prefers an A.M. Best's Guide Rating of "A-", "VI" or better or Standard and Poor's Rating AA or better; Authorized to do business in the State of Texas (not applicable for workers' compensation assigned through pool or alternative compensation .programs). X 24. The Certificate must state bid number and bid title or project name. 25. Other Insurance Required: h 1: ►MNIMIMI0 I have reviewed these requirements with the bidder named below. Additionally: X 26.The above policy(s) carry the following deductibles: Full limits of coverage available for General Liability and Automobile Liability, X 27.Liability policies are (indicate): OCCURRENCE 111./ CLAIMS MADE [ ] w �a.�;�" ... ......... . u. w�._ w..e w ... ._ Insurance Agent (Print) gn Date tY gom 440 0CPm Attachment C INSURANCE REQUIREMENTS 1. General Insurance Re uirements: 1.1 The Contractor shall not start work under this Contract until the Contractor has obtained at his own expense all of the insurance called for hereunder and such insurance has been approved by the City; nor shall the Contractor allow any subcontractor to start work on any subcontract until all insurance required of the subcontractor has been so obtained and approved by the Contractor. Contractor must submit appropriate certificates of insurance detailing the required coverage before the contract can be awarded. In certain instances, properly signed policy endorsements and/or certified copies of insurance policies showing the required coverage will be required. 1.2 The Contractor shall require all subcontractors to maintain during the term of this agreement, Commercial General Liability insurance, Business Automobile Liability insurance, and Workers' Compensation and Employer's Liability insurance, in the same manner as specified for the Contractor. The Contractor shall furnish subcontractors' certificates of insurance to the City immediately upon request. 1.3 All insurance policies required hereunder shall be endorsed to include the following provision: "It is agreed that this policy is not subject to cancellation, non -renewal, material change, or reduction in coverage until ten (10) days prior written notice has been given to the City Engineer, City of Paris". 1.4 No acceptance and/or approval of any insurance by the City shall be construed as relieving or excusing the Contractor, or the surety, or its bond, from any liability or obligation imposed upon either or both of them by the provisions of the Contract Documents. 1.5 The City of Paris (including its elected officials, officers and employees) is to be named as an additional insured under all insurance policies under this Contract except Workers' Compensation and Automobile Liability, and the certificate of insurance, or the certified policy, if requested, must so state. Coverage afforded under this paragraph shall be primary as respects the City, its elected officials, officers and employees. 1.6 The Contractor shall provide insurance coverage for this contract and/or project as specified in the "Insurance Checklist" attached hereto. Full limits of insurance required by the checklist attached shall be available for claims arising out of this contract and/or project. A copy of the insurance policies and/or endorsements issued for this project or properly executed Acord Certificate shall be submitted to the City prior to commencement of work. 1.7 The Contractor covenants to save, defend, hold harmless and indemnify the City and its elected officials, officers and employees (collectively the "City") from and against any and all claims, loss, damage, injury, cost (including court costs and attorney's fees), charges, liability or exposure, however caused, resulting from or arising out of or in any way connected with the Contractor's performance or non-performance of the terms of the Contract Documents or its obligations under the Contract. This indemnification shall continue in full force and effect until the Contractor completes all of the work required under the Contract, except that indemnification shall continue for all claims involving products or completed operations after final acceptance of the work by the City for which the City gives notice to the Contractor after the City's final acceptance of the work. 1.8 The Contractor shall be responsible for the work performed under the contract and every part thereof, and for all materials, tools, equipment, appliances, and property of any and all descriptions used in connection with the work. The Contractor assumes all risks for direct and indirect damage or injury to the property or persons used or employed on or in connection with the work contracted for, and of all damage or injury to any person or property wherever located, resulting from any action, omission, commission or operation under the Contract, or in connection in any way whatsoever with the contracted work, until final acceptance of the work by the City. 1.9 Insurance coverage required in these specifications shall be in force throughout the Contract Term. Should the Contractor fail to provide acceptable evidence of current insurance within seven (7) days of written notice at any time during the Contract Term, the City shall have the absolute right to terminate the Contract without any further obligation to the Contractor, and the Contractor shall be liable to the City for the entire additional cost of procuring performance and the cost of performing the incomplete portion of the Contract at time of termination. 1.10 Contractual and other liability insurance provided under this Contract shall not contain a supervision, inspection or engineering services exclusion that would preclude the City from supervising or inspecting the project as to the end result. The Contractor shall assume all on-the-job responsibilities as to the control of persons directly employed by it and of the subcontractors and any persons employed by the subcontractor. 2 1.11 Nothing contained in the specifications shall be construed as creating any contractual relationship between any subcontractor and the City. The Contractor shall be as fully responsible to the City for the acts and omissions of the subcontractors and of persons employed by them as it is for acts and omissions of persons directly employed by it. 1„12 Precaution shall be exercised by the Contractor at all times for the protection of persons, (including employees) and property. All existing structures, utilities, roads, services, trees and shrubbery shall be protected against damage or interruption of service at all times by the Contractor and its subcontractors during the term of the Contract, and the Contractor shall be held responsible for any damage to property occurring by reason of its operation on the property. 1,13 All required insurance coverage must be acquired from insurers authorized to do business in the State of Texas and acceptable to the City. The City prefers that all insurers also have a policyholder's rating of "A-" or better, and a financial size of "Class VI" or better in the latest edition of A.M. Best, or A or better by Standard and Poors; exceptions to this policy may only be approved in writing by the City Manager or City Finance Director. 1.14 The City will consider deductible amounts as part of its review of the financial stability of the bidder. Any deductibles shall be disclosed in the Checklist and all deductibles will be assumed by the Contractor. Contractor/Vendor may be required to provide proof of financial ability to cover deductibles, or may be required to post a bond to cover deductibles. 2. Contractor's Insurance - "Occurrence" Basis: 2.1 The Contractor shall purchase the following insurance coverage, including the terms, provisions and limits shown in the Checklist. 2. 1.1 Commercial General Liability - Such Commercial General Liability policy shall include any or all of the following as indicated on the Checklist: i. General aggregate limit is to apply per project. ii. Premises/Operations: iii. Actions of Independent Contractors; iv. Products/Completed Operations to be maintained for one year. Final completion and acceptance of the work, with evidence of same filed with owner. V. Contractual Liability including protection for the Contractor from claims arising out of liability assumed under this contract; vi. Personal Injury Liability including coverage for offenses related to employment; vii. Explosion, Collapse, or Underground (XCU) hazards; if applicable. Coverage required for any and all work involving drilling, excavation, etc. 2.1.2 Business Automobile Liability including coverage for any owned, hired, or non -owned motor vehicles and automobile contractual liability. 2.1.3 Workers' Compensation - statutory benefits as required by the State of Texas, or other laws as required by labor union agreements, including Employers' Liability coverage. 2.2 Owner's Protective Liability Insurance: In addition to the insurance described above, the Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under the contract, an owner's protective liability insurance policy naming the Owner and Engineer as insured for property damage and bodily injury, including death, which may arise in the prosecution of the work or Contractor's operation under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Limits of liability shall be as follows: Bodily Injury $500,000 each occurrence Property Damage $500,000 each occurrence 4 INSURANCE CHECKLIST Construction Projects ("X" means the coverage is required.) Coverage Req fired X 1. Workers' Compensation & Employers' Liability disease 2. For Future Use 3. City Approved Alternative program Workers' Comp. Program X 4. General Liability X 5. General aggregate applies per project (CGL) X 6. Premises/Operations X 7. Independent Contractors X 8. Products X 9. Completed Operations X 10. Contractual Liability X 11. Personal Injury Liability X 12. XCU Coverages X 13. Automobile Liability Property Limits Fj gres Denote Minimums Statutory limits of State of Texas $100,000 accident $100,000 $500,000 policy limit disease $150,000 medical, safety Minimum $500,000 each incident $1,000,000 occurrence Complete entry No. 26 (Items No. 3-10 & 12 require) $500.000 combined single limit for bodily injury and property damage damage each occurrence with $1,000,000 general aggregate that applies to project under contract $500,000 each offense & aggregate $500,000 Bodily Injury & X 14. Owned, Hired & Non -owned Damage each accident 15. Motor Carrier Act Endorsement 16. Professional Liability ® 17. Garage Liability 18. Garage keepers' Legal X 19. Owners Protective Liability $500,000 Bodily Injury & Property Damage each accident. $ BI & PD each occurrence $ - Comprehensive $ - Collision $500,000 Combined single limits X 20. City named as additional insured on other than W/C and Auto. This coverage is primary to all other coverages the City may possess. X 21. City provided with Waiver of Subrogation on Workers' Compensation or Alternative program if applicable. X 22. Ten (10) days notice of cancellation, non -renewal, material change or coverage reduction endorsement required. The words "endeavor to" and "but failure" (to end of sentence) are to be eliminated from the Notice of Cancellation provision on standard ACORD certificates. X 23. The City of Paris prefers an A.M. Best's Guide Rating of "A-", "VI" or better or Standard and Poor's Rating AA or better; authorized to do business in the State of Texas (not applicable for workers' compensation assigned through pool or alternative compensation programs). X 24. The Certificate must state bid number and bid title or project name. 25. Other Insurance Required: N/A THE STATE OF TEXAS § COUNTY OF LAMAR § THIS CONTRACT is entered into on this day of , 2024, by and between the CITY OF PARIS, TEXAS, a municipal corporation located in Lamar County, Texas, (hereinafter referred to as "CITY"), acting by and through its City Manager or his designee, and GREEN'S LAWN SERVICE, acting by and through its principal officer, Jay Green ("hereinafter referred to as "CONTRACTOR") whose address is 3610 Clement Road, Paris, Texas, 75460. WITNESSETH: WHEREAS, CITY desires to obtain services from CONTRACTOR for mowing services on specified city -owned properties within the City of Paris; WHEREAS, CONTRACTOR is qualified to provide such services and is willing to undertake the performance of such services for CITY in exchange for fees hereinafter specified; NOW, THEREFORE, THAT IN CONSIDERATION of the covenants and agreements hereinafter contained and subject to the terms and conditions hereinafter stated, the parties hereto do mutually agree as follows: I. Em toyment of Contractor CONTRACTOR will perform as an independent contractor all services under this Contract to the prevailing professional standards consistent with the professional level of care and skill ordinarily provided by competent members of its profession, both public and private, currently practicing in the same or similar locality under the same or similar circumstances. If CONTRACTOR is representing that it has special expertise in one or more areas to be utilized in this Contract, then CONTRACTOR agrees to perform those special expertise services to the appropriate local, regional and national professional standards. II. Scope of Services CONTRACTOR shall perform the following services: Grounds Maintenance services according to the specifications and schedule forth in Attachment A: Agreement for Ground Maintenance Specifications on the following properties: 1. Courthouse—North 2. Courthouse—West 3. Farmer's Market/Skate Park -310 W. 1St. St. 4. Gateway -2100 Block of S. Church 5. Lake Crook Park—CR31700 6. City Pool -1625 Clement 7. Wise Field -638 4th SW 8. 101h NE Park 9. Roadside Park, 82 West 10. Cherry St. Cemetery -6th NW and Cherry 11. Chisum Memorial -1100 Block of West Washington 12. Eastgate Park -481h SE and Eastgate 13. Pauper Cemetery -17th NE and Price 14. Travis tennis courts -3270 Graham 15.181h SE and Neathery median 16.191h SE and Neathery median 17. Lot -2400 Block Lamar Ave. 18. Plum St. Water Basin 19. 32nd NE and Ridgeview median 20. 2200 College St. median. Attachment A is hereby incorporated herein by reference and made a part hereof as if written word for word. However, in case of conflict in the language of Attachment A and this Contract, the terms and conditions of this Contract shall be final and binding upon both parties hereto. III. Payment for Services Total payment for services described herein shall not exceed the total amount of THIRTY NINE THOUSAND TWO HUNDRED AND FIVE DOLLARS AND NO/100 CENTS ($39,205.00) in accordance with Attachment B, CONTRACTOR's bid, incorporated herein by reference for all purposes. This total payment for services includes CONTRACTOR's ordinary expenses such as salary costs, overhead, direct expenses and profit. Additional expenses, which are extraordinary in nature, shall be approved in advance by CITY in writing signed by the parties. Such extraordinary expenses may be paid as incurred and billed to the CITY pursuant to this Contract over and above the total payment amount identified in this provision. Any extraordinary expenses not approved in writing in advance by the CITY shall remain the sole responsibility of the CONTRACTOR. CONTRACTOR will bill CITY monthly. Each invoice shall provide supporting information describing the work completed. If additional services or expenses are requested, CONTRACTOR will not provide such additional services until authorized by CITY in writing to proceed. The scope of services shall be strictly limited. CITY shall not be required to pay any amount in excess of the amount identified in the preceding paragraph unless CITY shall have approved in writing in advance (prior to the performance of additional work) the payment of additional amounts. Within thirty (30) days of receipt of each such invoice, CITY shall make payment in the amount shown by CONTRACTOR's approved statements and other documentation submitted. Such payments shall be subject to the Texas Prompt Payment Act, Texas Government Code §§ 2251.001, et seq. Nothing contained in this Contract shall require CITY to pay for any work that is unsatisfactory as determined by CITY or which is not submitted in compliance with the terms of this Contract, nor shall failure to withhold payment pursuant to the provisions of this section constitute a waiver of any right, at law or in equity, which CITY may have if CONTRACTOR is in default, including the right to bring legal action for damages or for specific performance of this Contract. Waiver of any default under this Contract shall not be deemed a waiver of any subsequent default. IV. Revisions of the Scope of Services CITY reserves the right to revise or expand the scope of services after due approval by CITY as CITY may deem necessary, but in such event CITY shall pay CONTRACTOR equitable compensation for such services. In any event, when CONTRACTOR is directed to revise or expand the scope of services under this Section of the Contract, CONTRACTOR shall provide CITY a written proposal for the entire cost involved in performing such additional services. Prior to CONTRACTOR undertaking any revised or expanded services as directed by CITY under this Contract, CITY must authorize in writing the nature and scope of the services and accept the method and amount of compensation and the time involved in all phases of the Project. It is expressly understood and agreed by CONTRACTOR that any compensation not specified in Paragraph III hereinabove may require approval by the City Council and is subject to the current budget year limitations. V. Term and Time of Performance The effective date of this Contract shall be February 14, 2024, and shall conclude on December 31, 2024 (the "initial term"). This Contract shall automatically renew for up to four (4) one-year renewal terms, for a total of five one-year terms inclusive of the initial and renewal terms subject to the CITY'S appropriation of funds in each budget year affected by this Contract. Either party may opt out of any or all renewal terms by giving the other party written notice no later than thirty (30) days prior to the expiration of a term in accordance with Section XVIII herein. The CONTRACTOR shall commence services upon execution of this Contract. VI. Contract Termination Provision This Contract may be terminated at any time by CITY for any cause by providing CONTRACTOR thirty (30) days written notice of such termination. Upon receipt of such notice, CONTRACTOR shall immediately terminate working on, placing orders or entering into contracts for supplies, assistance, facilities or materials in connection with this Contract and shall proceed to promptly cancel all existing contracts insofar as they are related to this Contract. The CITY will only be obligated to compensate the CONTRACTOR in a just and equitable manner for those services performed prior to the effective date of termination and upon the CONTRACTOR's submitting a statement of actual services performed and payment requested. VII. Ownership of Documents All materials and documents prepared or assembled by CONTRACTOR under this Contract shall become the sole property of CITY and shall be delivered to CITY without restriction on future use. CONTRACTOR may retain in its files copies of all drawings, specifications and all other pertinent information for the work. CONTRACTOR shall have no liability for changes made to any materials or other documents by others subsequent to the completion of the Contract. VIII. Insurance Re uirements Before commencing work, the CONTRACTOR shall, at its own expense, procure, pay for and maintain during the term of this Contract insurance in accordance with the requirements set forth in Attachment C hereto, written by companies approved by the State of Texas, and acceptable to the City of Paris. The CONTRACTOR shall furnish to the City Clerk copies of the insurance policies required herein stating coverages, limits, expiration dates and compliance with all applicable required provisions. Policies shall reference the project and be addressed as follows: City of Paris 150 SE First St Paris TX 75460 IX. Right to Inspect Records CONTRACTOR agrees that CITY shall have access to and the right to examine any books, documents, papers and records of CONTRACTOR involving transactions relating to this Contract. CONTRACTOR agrees that CITY shall have access during normal working hours to all necessary CONTRACTOR facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. CITY shall give CONTRACTOR reasonable advance notice of intended audits. CONTRACTOR further agrees to include in subcontract(s), if any, a provision that any subcontractor agrees that CITY shall have access to and the right to examine any directly pertinent books, documents, papers and records of such engineer or sub- contractor involving transactions to the subcontract, and further, that CITY shall have access during normal working hours to all such sub -contractor facilities and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of the paragraph. CITY shall give any such sub -contractor reasonable advance notice of intended audits. X. Successors and Assi ins CITY and CONTRACTOR each bind themselves and their successors, executors, administrators and assigns to the other party to this contract and to the successors, executors, administrators and assigns of such other party in respect to all covenants of this Contract. Neither CITY nor CONTRACTOR shall assign or transfer its interest herein without the prior written consent of the other. XI. Contractor's Liability and Warrant Acceptance of the final work by the CITY shall not constitute nor be deemed a release of the responsibility and liability of CONTRACTOR, its employees, associates, agents or CONTRACTORS for the acceptable completeness of the work; nor shall such acceptance be deemed an assumption of responsibility by CITY for any defect in the work; nor shall such acceptance be deemed an assumption of responsibility by CITY for any defect in the work prepared by said CONTRACTOR, its employees, associates, agents or subcontractors. CONTRACTOR herein provides a one (1) year warranty on workmanship and a five (5) year warranty on the plaster. CONTRACTOR further provides a thirty (30) day warranty on tile, brick, and rock repairs. XII. INDEMNIFICATION CONTRACTOR DOES HEREBY COVENANT AND CONTRACT TO WAIVE ANY AND ALL CLAIMS, AND TO RELEASE, INDEMNIFY, AND HOLD HARMLESS THE CITY, ITS CITY COUNCIL, OFFICERS, EMPLOYEES, AND AGENTS, IN BOTH THEIR PUBLIC AND PRIVATE CAPACITIES, FROM AND AGAINST ALL LIABILITY, CAUSES OF ACTION, CITATIONS, CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LOSSES, PENALTIES OR SUITS, WHICH IN ANY WAY ARISE OUT OF, RELATE TO, OR RESULT FROM CONTRACTOR'S PERFORMANCE UNDER THIS CONTRACT AND WHICH ARE CAUSED BY THE INTENTIONAL WRONGFUL ACTS OR NEGLIGENT ACTS OR OMISSIONS OF CONTRACTOR OR CONTRACTOR'S SUBCONTRACTORS AND THE OFFICERS, AGENTS OR EMPLOYEES OF EITHER CONTRACTOR OR CONTRACTOR'S SUBCONTRACTORS (THE "INDEMNIFIED ITEMS") SUBJECT TO THE LIMITATIONS IN TEXAS LOCAL GOVERNMENT CODE § 271.904 AND TEXAS CIVIL PRACTICE AND REMEDIES CODE, § 130.002(B). BY WAY OF EXAMPLE, THE INDEMNIFIED ITEMS MAY INCLUDE PERSONAL INJURY AND DEATH CLAIMS AND PROPERTY DAMAGE CLAIMS, INCLUDING THOSE FOR LOSS OF USE OF PROPERTY, AS WELL AS INTELLECTUAL PROPERTY INFRINGEMENT OR FAILURE TO PAY A SUBCONTRACTOR OR SUPPLIER. INDEMNIFIED ITEMS SHALL INCLUDE REASONABLE ATTORNEYS' FEES AND COSTS, COURT COSTS, AND SETTLEMENT COSTS. INDEMNIFIED ITEMS SHALL ALSO INCLUDE ANY EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES, INCURRED BY AN INDEMNIFIED INDIVIDUAL OR ENTITY IN ATTEMPTING TO ENFORCE THIS INDEMNITY. XIII. Independent Contractor CONTRACTOR's status shall be that of an Independent Contractor and not an agent, servant, employee or representative of CITY in the performance of this Contract. No term or provision of or act of CONTRACTOR or CITY under this Contract shall be construed as changing that status. CONTRACTOR will have exclusive control of and the exclusive right to control the details of the work performed hereunder, and shall be liable for the acts and omissions of its officers, agents, employees, contractors, subcontractors and engineers and the doctrine of respondeat superior shall not apply as between CITY and CONTRACTOR, its officers, agents, employees, contractors, subcontractors and engineers, and nothing herein shall be construed as creating a partnership or joint enterprise between CITY and CONTRACTOR. CITY and CONTRACTOR shall not be construed to be in any type of joint venture with respect to the scope of work set forth in this Contract. XIV. If at any time during the term of this Contract, CONTRACTOR shall fail to provide services in an efficient, timely and careful manner and in strict accordance with the provisions of this Contract or fail to use an adequate number or quality of personnel to complete the work or fail to perform any of its obligations under this Contract, then CITY shall have the right, if CONTRACTOR shall not cure any such default after thirty (30) days written notice thereof, to terminate this Contract. Any such act by CITY shall not be deemed a waiver of any other right or remedy of CITY. If after exercising any such remedy due to CONTRACTOR's nonperformance under this Contract, the cost to CITY to complete the work to be performed under this Contract is in excess of that part of the Contract sum which has not theretofore been paid to CONTRACTOR hereunder, CONTRACTOR shall be liable for and shall reimburse CITY for such excess. CONTRACTOR'S liabilitp under this pr(iVi-,�inn--%WLb-cAimitedAoAhe-toW-d&hranimm-t of this Contract. This Section XIV shall not supersede and shall be in addition to CITY's right under Section VI to terminate this contract for any reason upon thirty (30) days' written notice of such termination. CITY's remedies for CONTRACTOR's default or breach under this Contract shall be one or more of the following remedies which may be exercised separately or in combination at CITY's sole exclusive choice: (a) Specific performance of the Contract; (b) Re -performance of this Contract at no extra charge to CITY; or, (c) Monetary damages in an amount not to exceed the greater of* (1) The amount of any applicable insurance coverage CONTRACTOR is required to purchase and maintain under this Contract plus any deductible amount to be paid by CONTRACTOR in conjunction with said coverage regardless of whether CONTRACTOR has actually purchased and maintained said coverage; or, (2) The total dollar amount of this Contract. The terms of Sections XII entitled Indemnification, and XVII entitled Confidential Information shall survive termination of this Contract. XV. Chan yes CITY may, from time to time, require changes in the scope of services to be performed under this Contract. Such changes as are mutually agreed upon by and between CITY and CONTRACTOR shall be incorporated by written modification to this Contract. XVI. Conflict of Interest CONTRACTOR covenants and agrees that CONTRACTOR and its associates and employees will have no interest, and will acquire no interest, either direct or indirect, which will conflict in any manner with the performance of the services called for under this Contract. All activities, investigations and other efforts made by CONTRACTOR pursuant to this Contract will be conducted by employees, associates or subcontractors of CONTRACTOR. XVII. Confidential Information CONTRACTOR hereby acknowledges and agrees that its representatives may have access to or otherwise receive information during the furtherance of its obligations in accordance with this Contract, which is of a confidential, non-public or proprietary nature. CONTRACTOR shall treat any such information received in full confidence and will not disclose or appropriate such Confidential Information for its own use or the use of any third party at any time during or subsequent to this Contract. As used herein, "Confidential Information" means all oral and written information concerning City of Paris, its affiliates and subsidiaries, and all oral and written information concerning CITY or its activities, that is of a non-public, proprietary or confidential nature including, without limitation, information pertaining to customer lists, services, methods, processes and operating procedures, together with all analyses, compilation, studies or other documents, whether prepared by CONTRACTOR or others, which contain or otherwise reflect such information. The term "Confidential Information" shall not include such materials that are or become generally available to the public other than as a result of disclosure by CONTRACTOR, or are required to be disclosed by a governmental authority or pursuant to a properly submitted request under the Texas Public Information Act. XVIII. Mailing Address All notices and communications under this CONTRACT to be mailed to CITY shall be sent to the address of CITY's agent as follows, unless and until CONTRACTOR is otherwise notified: Grayson Path City Manager City of Paris Post Office Box 9037 Paris, Texas 75461 Notices and communications to be mailed or delivered to CONTRACTOR shall be sent to the address of CONTRACTOR as follows, unless and until CITY is otherwise notified: Jerry Green 3610 Clement Road Paris, TX 75460 Any notices and communications required to be given in writing by one party to the other shall be considered as having been given to the addressee on the date the notice or communication is posted, faxed or personally delivered by the sending party. XIX. Alicable Law The CONTRACT is entered into subject to the Paris City Charter and ordinances of CITY, as same may be amended from time to time, and is subject to and is to be construed, governed and enforced under all applicable State of Texas and federal laws. CONTRACTOR will make any and all reports required per federal, state or local law including, but not limited to, proper reporting to the Internal Revenue Service, as required in accordance with CONTRACTOR's income. Situs of this Contract is agreed to be Lamar County, Texas, for all purposes, including performance and execution. XX. Severabilit If any of the terms, provisions, covenants, conditions or any other part of this Contract are for any reason held to be invalid, void or unenforceable, the remainder of the terms, provisions, covenants, conditions or any other part of this Contract shall remain in full force and effect and shall in no way be affected, impaired or invalidated. XXI. Remedies No right or remedy granted herein or reserved to the parties is exclusive of any other right or remedy herein by law or equity provided or permitted; but each shall be cumulative of every other right or remedy given hereunder. No covenant or condition of this Contract may be waived without written consent of the parties. Forbearance or indulgence by either party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Contract. XXII. Entire A reement This Contract embodies the complete agreement of the parties hereto, superseding all oral or written previous and contemporaneous agreements between the parties relating to matters herein, and except as otherwise provided herein cannot be modified without written agreement of the parties. XXIII. Non -Waiver It is further agreed that one (1) or more instances of forbearance by CITY in the exercise of its rights herein shall in no way constitute a waiver thereof. XXIV. Headings The headings of this Contract are for the convenience of reference only and shall not affect any of the terms and conditions hereof in any manner. XV. Venue The parties to this Contract agree and covenant that this Contract will be enforceable in Paris, Texas; and that if legal action is necessary to enforce this Contract, exclusive venue will lie in Lamar County, Texas, or in the United States District Court for the Eastern District of Texas, Sherman Division. XXVI. No Third Party Beneficiary For purposes of this Contract, including its intended operation and effect, the parties (CITY and CONTRACTOR) specifically agree and contract that: (1) the Contract only affects matters/disputes between the parties to this Contract, and is in no way intended by the parties to benefit or otherwise affect any third person or entity notwithstanding the fact that such third person or entity may be in contractual relationship with CITY or CONTRACTOR or both; and (2) the terms of this Contract are not intended to release, either by contract or operation of law, any third person or entity from obligations owing by them to either CITY or CONTRACTOR. XXVII Incorporation of Provisions Re uired b Law Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and this Contract shall be read and enforced as though each were included herein. If through mistake or otherwise any such provision is not inserted or is not correctly inserted, the Contract shall be amended to make such insertion on application by either party. XXVIII E ual Employment Opportunitj In the performance of this Contract, the CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, national origin or any other protected class. XXIX Form 1295 CONTRACTOR, in compliance with the laws of the State of Texas, will execute and file Form 1295, notice of interested parties, which can be found on the website of the Texas Ethics Commission at 11°��.f:=���aA������r ��lin���^�^;w�°�6a.���m..u�^u�;�������.w.���(`�•�l�`�������,1��;11 ii�����'�..���an� ;�����,. XXX Mandator Non-Bovcott and other Provisions Contractor acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate. Pursuant to Section 2271.002 of the Texas Government Code, Contractor certifies that either (i) it meets an exemption criterion under Section 2271.002; or (ii) it does not boycott Israel and will not boycott Israel during the term of the Agreement. Contractor acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate. Pursuant to SB 13, 87th Texas Legislature, Contractor certifies that either (i) it meets an exemption criterion under SB 13, 87th Texas Legislature; or (ii) it does not boycott energy companies, as defined in Section 1 of SB 13, 87th Texas Legislature, and will not boycott energy companies during the term of the Agreement. Contractor acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate. Pursuant to SB 19, 87th Texas Legislature, Contractor certifies that either (i) it meets an exemption criterion under SB 19, 87th Texas Legislature, or (ii) it does not discriminate against a firearm entity or firearm trade association, as defined in Section 1 of SB 19, 87th Texas Legislature, and will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. Contractor acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate. Pursuant to Subchapter F, Chapter 2252, Texas Government Code, Contractor certifies that Contractor is not engaged in business with Iran, Sudan, or a foreign terrorist organization. Contractor acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate. ATTEST: Janice Ellis City Clerk APPROVED AS TO FORM: Stephanie H. Harris City Attorney CITY OF PARIS LE GRAYSON PATH City Manager Date Signed: Green's Lawn Service By: Jerry Green Title: [Remainder of page left blank intentionally.] 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, a Texas Municipal Corporation, known to me to be the person who's name is subscribed to the foregoing instrument, and acknowledged to me that he has executed the same on the City's behalf. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF w, 2024. Notary Public Lamar County, Texas My commission expires THE STATE OF TEXAS § COUNTY OF LAMAR § .._ day of This instrument was acknowledgede ore me on the 2023, by Jay Green in his capacity as _ of Green's Lawn Service of Paris, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged that he executed the same on behalf of and as the act of GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF , 2024. Notary Public .. County, Texas My commission expires . m_w Attachment A During the growing season, all areas listed below will have maintenance performed on a weekly and biweekly basis or on an *as -needed* basis, as "deter , min , e , t ' he , appointee for tha) property. This will include an estimated twenty six (26) mows per year every 7 to 10 days or as needed for all 'A"properties. An estimated seventeen (17) mowings per year every I I to 21 days, or as needed for'B " properties and an estimated twelve (12) mowings per year every three to five weeks for 'U" properties. The mowing schedule to be followed is attached. Additional mowings could b+ requested on any ofthe individual areas to be mowed. Any partial mow or adjustment ofproperty size, regardless of reason, will reflect a partial payment of same percentage of adjustment. Any adjustmeni of mowings and payments require separate invoices. The Fountain Plaza a n d Culbertson tennis cour'i area will be required to be mowed with a push -type mower. This schedule may be adjusted due to weather conditions. *as -needed" is determined by city appointee 2. The City will give three (3) to five (5) days advance notice for mowing any given location when additional mows are needed or any scheduled change, lira clipping and leaves off hard surface areas-, trim applicable hedges and shrubs on property (per sr.# ecifications bw the ci - k remove weeds, debris and leaves from E4WAr,(97gLR The contractor is also responsible i6r mowing, trimming and leaf control through the summer months and on an as -needed basis through the winter months. 4. Contractor may use subcontractors to perform up to fifty percent (50%) of the contract. Contractor will be solely responsible for supervising said subcontractors and for obtaining insurance coverage for all subcontractors performing work under this contract. All subcontractors and equipment must be approved by the City of Paris prior to any work being performed. Contractor must notify the city appointee as to who their subcontractor is and provide proof of insurance. All litter and debris will be removed by the contractor prior to mowing. No separate pay item will be allowed for litter control. Any paper, cans, or bottles cut or broken during maintenance operations shall be completely removed from the site immediately prior to proceeding with the maintenance of other areas. Contractor is responsible for any cost as result from damage by their employees, equipment orprocedures to facilities during visits. Any area that contains a creek, drainage area or channel shall bemowed or weedeated to conform with t he rest of property. Trimming around trees, shrubs, fences and all other obstructions will be performed using mechanical devices and/or hand labor when necessary. Weeds growing in cracks of curbing, sidewalks, pavestone and or concrete shall be removed by contractor. 7. Sidewalks and other pedestrian areas must be swept or blown clean after each cycle. It cannot be blown into streets or sewers - it must be picked up. 8. Mowing and trimming of weeds and grass over the entire area is to be completed to specifications before moving to the next property. 9. Shrubs and ground covers shall be hedged, pruned, or trimmed by the contractor on a regular basis on all contracted city properties during the mowing season. All resultant debris shall be removed by the contractor at his/her expense. Trimming of large trees will be performed by Parks Department personnel and will not be considered part of the contractor's responsibilities. 10. Contractor shall remove all weeds from flower beds upon evei y maintenance cycle. This will include weeding the planters on the exterior sidewalks ofthe plaza. 11. Bidders should include a list of references for whom they have performed grounds maintenance during the past three (3) years. (Page attached to be completed.) 12. This contract shall be effective upon execution by the Paris city manager and will end December 3 l't. The city will have the option to renew this contract, with contractor's agreement, for three additional twelve (12) month terms with each renewal period beginning January 1". Notice of renewal will be given to contractor within sixty (60) days prior to the end of the contract period. 13. Contractor and all subcontractors shall at all times during the initial term ofthis contract or any renewals thereof maintain a policy or policies of insurance which fully meets the requirements ofthe Insurance Requirements and Insurance Checklist attached hereto as Exhibit "A" and made a part hereof. 14. Contractor must currently own or operate a landscaping company at time of bid submission and contractor must own or possess the equipment necessary to perform the work required. Noexceptions. A. The contractor(s) shall provide his/her own equipment, labor, fuel and any other materials necessary to complete the required work. The contractor(s) shall be responsible for the maintenance and repair of his/her own equipment and the availability, presence and supervision ofhis/her own employees. 1*.�. The contractor(s) is required to have a competent and experienced supervisor/foreman, witli each work group at all times. The supeivisor/foreman referred to herein may be a working foreman operating a mower or other equipment. This supervisor/foreman must be able to communicate effectively with the city appointee. All workers employed by contracting company will be subject to a background search. The contractor will submit a list of all current employees with the bid documents. 5. The city reserves the night to request additional mowings on an individual basis as determined by the City of Paris appointee. The city reserves the right to add or subtract from the quantity or frequency of areas to be mowed as needed and the monthly payments will be adjusted accordingly. 16. In the event contractor is requested to perform additional mowings (anything over the designated limit per propei-ty/park/median) they shall invoice the city separately for this work. Thesarnepropeity rate for the additional work shall apply 2 17. No property shall be mowed prior to the designated cycle time as per specifications. 18. Bidders are encouraged to contact the Parks Department or the Director ofPublic Works at 903.784.9289 for assistance determining property boundaries for mowing and maintenance. Various changes have been made regarding facility boundaries since the lastproject. 19. The City of Paris reserves the right to reject any or all bids, to waive any informality in bidding, and to award the bid as may be most advantageous to the city. 20. The mowing of all sites shall include the mowing and trimming of all grass and weeds within each area. 21. All property to be mowed will be on contractor mowing list contained in the approved packet. 22. Alternate mowing service maybe revised bythe city appointee as conditions warrant. 23. Clippings shall not be blown into the street or roadway. Any excessive grass clippings causing piles or wind rows in parks are required to be raked up and removed. 24. Care shall be taken to protect trees and shrubs from damage by mowing and trimming equipment. 25. Turf -type tires will be mandatory on all equipment to avoid turf damage and rutting 26. A shredder will be allowed on once -a -month propel -ties only. 27. Each property is to be bid separately and will be awarded on an individual basis. 28. Not all properties will be awarded (determination is based on budget allowances). A B C Every 7-10 Days Every 11-21 Days Ever , -5weed 1. Bywaters Park 2. Courthouse - North 3. Courthouse - West 4. Culbertson Park 5. Farmers Market/Skate Park 6. Gateway 7. Heritage Park 8. Lake Crook Park 9. Leon Williams Park 10. Oak Park 11. Paris Aquatic Center 12. Culbertson Fountain and Plaza 13. Sports Complex 14. Wade Park 15. Wise Field 1. 101 NE Park 2. 82 W Roadside Park 3. 271 N Roadside Park 4. Cherry St Cemetery 5. Chisum Memorial 6. Dragon Park 7. Eastgate Park 8. Ellis Park 9. Mrs. Joan Mathis Park 10. Pauper Cemetery 11. Travis Tennis Courts 12. Walker Park and IeNW & Shiloh Median 1. 18t' SE & Neathery Median 2. 19t�, SE & Nethery Median 3. 2400 BK Lamar Lot 4. Plum St Water Basin 5. Ridgeview median & 32nd NE 6. 24' SE & Clarksville Median 7. 2200 College St Median A. Properties High volume, occupied or frequent visitation by public (mow every 7- 10 days). B. Properties Moderate volume, average visitation by public (mow every 11-21 days). C. Properties Low volume. Random visitation by public or vacant areas (mow/shred every 3-5 weeks). A. Property - mow every 7-10 days from April thru July 18 Property - mow every 14-21 days from August thru October 4 Property - mow once every other month from November thru April 4. Total mows 26 mows per year B. Property - mow every 11-21 days April - July 9 Property - mow every 21-28 days August - October 4 Property -mow every 6-8 weeks November -March 4 Total mows 17 C. Property - mow once a month year 'round 12 mows per year 4 Attachment B r 1 i Z 6 °4i i f ` , t, ,y k I;7. 7, ti 7, I/We hereby submit the following bid In acordance with the attached specifications for the fumlshing of labor, materials and equipment, and for pe work required for grounds maintenance (mowing) on City of Paris parks and facilities. Parks Bywaters Park - 300 BK S Main Courthouse FarmersCourthouse - West �, 'Gateway - 2100 BK 5 Church yLake Crook Park - CR 31700 0 BK Bonham 4, n Williams ... - 700 W Henderson Park - 2515 Bonham City Pool - 1625 Clement 'Culbertson Fountain and Plaza 2005 S Collegiate Wade Park - 2400 E Price id ,: 4' v , 10th NE Park side Park 271 N Roadside Park =117 ' Ellis Park - 1310 E Washington Mrs Joan Mathis Park - 1300 -BK Johnson Pauper,�emTravis Tennis Courts - 3270 Graham Walker Park and 18th NW` & Shiloh Median 4..SE -&Neat 19th SE & �"Med;" 1 / " 2400 `i, oJ '"' •," . Ridgeview Medianr. 24th SE & Clarksville Median ;+ 2200 College St Median 1 Publish Dates: December 10, 2023 December 17, 2023 NOTICE TO BIDDERS The City of Paris will receive sealed bids at the Office of the City Manager, City of Paris, 135 1' S.E., P.O. Box 9037, Paris, Texas 75461-9037, for Annual Grounds Maintenance. There will be a Pre -Bid Conference at the City of Paris, Council Chambers, 107 E. Kaufman Street at 10:00am on Tuesday, January 2, 2024, at which time contractors may ask questions related to the Annual Grounds Maintenance bid process. Bids will be received until 3:00pm on Thursday, January 4, 2024, at which time all bids will be publicly opened at the City of Paris, Council Chambers, 107 E. Kaufman Street and read aloud. All bids must be submitted on the City of Paris form(s). Clearly mark on the outside of the °� Grounds Maintenance." envelope Sealed Bid ,Annual n G m m -, Each property is to be bid separately and can be awarded on an individual basis. Information, specifications and bid forms may be obtained at the Public Works Office, 50 West Hickory Street, Paris, Texas 75460. The City of Paris reserves the right to reject any and all bids, to waive any informality in bidding and to award bids as may be advantageous to the City. Bids received after the deadline will be returned to vendor unopened. AGREEMENT FOR GROUNDS MAINTENANCE SPECIFICATIONS 1. During the growing season, all areas listed below will have maintenance performed on a weekly and biweekly basis or on an *as -needed* basis, as determined by the... City of.Paris a1,cjgtee for that property. This will include an estimated twenty six (26) mows per year every 7 to 10 days or as needed for all "A"properties. An estimated seventeen (17) mowings per year every 11 to 21 days, or as needed for'B"properties and an estimated twelve (12) mowings per year every three to five weeks for V' properties. The mowing schedule to be followed is attached. Additional mowings could be requested on any ofthe individual areas to be mowed. Any partial mow or adjustment ofproperty size, regardless of reason, will reflect a partial payment of same percentage of adjustment. Any adjustment of mowings and payments require separate invoices. The Fountain Plaza and Culbertson tennis court area will be required to be mowed with a push -type mower. This schedule may be adjusted due to weather conditions. *as -needed" is determined by city appointee 2. The City will give -three (3) to five (5) days advance notice for mowing any given location, when additional mows are needed or, any scheduled change. Contractor is responsible for the following: Mow all existing grass or turf on property; weedeat around all fence lines, trees, tables, pavilions, playground equipment or other applicable structures on property; edge all applicable concrete including curb and sidewalks; remove all clippings; blow dust, clippings and leaves off hard surface areas; trim applicable hedges and shrubs on property (per specifications by the city appointee); remove weeds, debris and leaves from any applicable flower beds. The contractor is also responsible for mowing, trimming and leaf control through the summer months and on an a"eeded basis through the winter months. 4. Contractor may use subcontractors to perform up to fifty percent (50%) of the contract. Contractor will be solely responsible for supervising said subcontractors and for obtaining insurance coverage for all subcontractors performing work under this contract. All subcontractors and equipment must be approved by the City of Paris prior to any work being performed. Contractor must notify the city appointee as to who their subcontractor is and provide proof of insurance. 5. All litter and debris will be removed by the contractor prior to mowing. No separate pay item will be allowed for litter control. Any paper, cans, or bottles cut or broken during maintenance operations shall be completely removed from the site immediately prior to proceeding with the maintenance of other areas. Contractor is responsible for any cost as result from damage by their employees, equipment orprocedures to facilities during visits. 6. Any area that contains a creek, drainage area or channel shall be mowed or weedeated to conform with t h e rest of property. Trimming around trees, shrubs, fences and all other obstructions will be performed using mechanical devices and/or hand labor when necessary. Weeds growing in cracks of curbing, sidewalks, pavestone and or concrete shall be removed by contractor. 7. Sidewalks and other pedestrian areas must be swept or blown clean after each cycle. It cannot be blown into streets or sewers - it must be picked up. 8. Mowing and trimming of weeds and grass over the entire area is to be completed to specifications before moving to the next property. 9. Shrubs and ground covers shall be hedged, pruned, or trimmed by the contractor on a regular basis on all contracted city properties during the mowing season. All resultant debris shall be removed by the contractor at his/her expense. Trimming of large trees will be performed by Parks Department personnel and will not be considered part of the contractor's responsibilities. 10. Contractor shall remove all weeds from flower beds upon every maintenance cycle. This will include weeding the planters on the exterior sidewalks ofthe plaza. ' 11. Bidders should include a list of references for whom they have performed grounds maintenance during the past three (3) years. (Page attached to be completed.) 12. This contract shall be effective upon execution by the Paris city manager and will end December 31st. The city will have the option to renew this contract, with contractor's agreement, for three additional twelve (12) month terms with each renewal period beginning January 1st. Notice of renewal will be .given to contractor within sixty (60) days prior to the end of the contract period. 13. Contractor and all subcontractors shall at all times during the initial term ofthis contract or any renewals thereof maintain a policy or policies of insurance which fully meets the requirements of the Insurance Requirements and Insurance Checklist attached hereto as Exhibit "A" and made a part hereof. 14. Contractor must currently own or operate a landscaping company at time of bid submission and contractor must own or possess the equipment necessary to perform the work required. No exceptions. A. The contractor(s) shall provide his/her own equipment, labor, fuel and any other materials necessary to complete the required work. The contractor(s) shall be responsible for the maintenance and repair of his/her own equipment and the availability, presence and supervision of his/her own employees. B. The contractor(s) is required to have a competent and experienced supervisor/foreman, with each work group at all times. The supervisor/foreman referred to herein may be a working foreman operating a mower or other equipment. This supervisor/foreman must be able to communicate effectively with the city appointee. All workers employed by contracting company will be subject to a background search. The contractor will submit a list of all current employees with the bid documents. 15. The city reserves the right to request additional mowings on an individual basis as determined by the City of Paris appointee. The city reserves the right to add or subtract from the quantity or frequency of areas to be mowed as needed and the monthly, payments will be adjusted accordingly. 16. In the event contractor is requested to perform additional mowings (anything over the designated limit per property/park/median) they shall invoice the city separately for this work. The same property rate for the additional work shall apply, 17. No property shall be mowed prior to the designated cycle time as per specifications. 18. Bidders are encouraged to contact the Parks Department or the Director ofPublic Works at 903.784.9289 for assistance determining property boundaries for mowing and maintenance. Various changes have been made regarding facility boundaries since the lastproject. 19. The City of Paris reserves the right to reject any or all bids, to waive any informality in bidding, and to award the bid as may be most advantageous to the city. 20. The mowing of all sites shall include the mowing and trimming of all grass and weeds within each area. 21. All property to be mowed will be on contractor mowing list contained in the approved packet. 22. Alternate mowing service may be revised bythe city appointee as conditions warrant. 23. Clippings shall not be blown into the street or roadway. Any excessive grass clippings causing piles or wind rows in parks are required to be raked up and removed. 24. Care shall be taken to protect trees and shrubs from damage by mowing and trimming equipment. 25. Turf -type tires will be mandatory on all equipment to avoid turf damage and rutting. 26. A shredder will be allowed on once -a -month properties only. 27. Each property is to be bid separately and will be awarded on an individual basis. 28. Not all properties will be awarded (determination is based on budget allowances). A B C Every 7-10 Days Every 11-21 Days f, 3-5 weeks 1. Bywaters Park 2. Courthouse - North 3. Courthouse - West 4. Culbertson Park 5. Farmers Market/Skate Park 6. Gateway 7. Heritage Park 8. Lake Crook Park 9. Leon Williams Park 10. Oak Park 11. Paris Aquatic Center 12. Culbertson Fountain and Plaza 13. Sports Complex 14. Wade Park 15. Wise Field 1. 1011 NE Park 2. 82 W Roadside Park 3. 271 N Roadside Park 4. Cherry St Cemetery 5. Chisum Memorial 6. Dragon Park 7. Eastgate Park 8. Ellis Park 9. Mrs. Joan Mathis Park 10, Pauper Cemetery 11. Travis Tennis Courts 12. Walker Park and 18hNW & Shiloh Median 1 181 SE & Neathery Median 2. 191 SE & Nethery Median 3. 2400 BK Lamar Lot 4. Plum St Water Basin 5. Ridgeview median & 32nd NE 6. 241' SE & Clarksville Median 7. 2200 College St Median A. Properties High volume, occupied or frequent visitation by public (mow every 7-10 days). B. Properties Moderate volume, average visitation by public (mow every 11-21 days). C. Properties Low volume. Random visitation by public or vacant areas (mow/shred every 3-5 weeks). A. Property - mow every 7-10 days from April thru July 18 Property - mow every 14-21 days from August thru October 4 Property - mow once every other month from November thru April 4 Total mows 26 mows per year B. Property _ mow every 11-21 days April - July 9 Property - mow every 21-28 days August - October 4 Property - mow every 6-8 weeks November - March 4 Total mows 17 C. Property - mow once a month year 'round 12 mows per year 4 REFERENCES 1.) CONTACT PERSON: . . . . . . . . . . . . . . . . . ... __j - — - ---------- PHONEiW 2.) CONTACT PERSON: PHONE# 3.) CONTACT PERSON: .... .... .. PHONEM 4.) CONTACT PER -SON: . . . . . . PHONEff. . .. ....... - — a -- I — THE REFERENCE SECTION MUST BE COMPLETED IN FULL TO BE CONSIDERED FOR AWARD. R INSURANCE REQUIREMENT AFFIDAVIT TO BE COMPLETED BY APPROPRIATE INSURANCE AGENT MUST BE RETURNED AS PART -OFBID I, the undersigned agent, certify the insurance requirements contained in this bid for vendor/contractor/consultant/engineer/architect. If the City of Paris awards this contract, I will be able, within ten (10) working days of notification of such award, to furnish a valid insurance certificate to the City, mee;jng all of the requirements contained in this bid. xgentls Signature Agent'.- Cint or Type) Name oii�surapc� am Carrier w. !:� Address of Agency ode Name of Vendor Phone Number gineer/Architect (Print or Type) o SUBSCRIBED AND SWORN TO and before me this ',,",1`,'1 11 2 NTEZ5 NOTARY PUBLIC 1� STATE OF TEXAS ID # 134399088 r 2027 Note to Agent: If this time requirement is not met, the City has the right to declare this vendor non -responsible and award the contract to the next lowest bidder meeting the specifications. If you have any questions concerning these requirements, please contact the City of Parig at..903.784.9289. ............ . . Construction Projects ("X" means the coverage is required.) Coverage Required Limits (Figures Denote Minimums) X 1. Workers' Compensation & Statutory limits -of State of Texas Employers' Liability per state $100,000 accident $100,000 disease requirements $500,000 policy limit disease 2. For Future Use $150,000 medical, safety program 3. City ApprovedAlternative Workers' Comp. Program X 4. General Liability X 5. General aggregate applies per project (CGL) Minimum $250,000 each incident $500,000 per occurrence Complete entry No. 26 6. Premises/Operations (Items No. 3-10 & 12 require) 7. Independent Contractors $500,000 combined single limit for bodily injury and property damage X 8. Products 9.Completed Operations 10, Contractual Liability 11. Personal Injury Liability 12. XCU Coverages 13. Automobile Liability 14. Owned, Hired&Non-owned 15. Motor Carrier Act Endorsement 16. Professional Liability 7 Damage each occurrence with $1,000,000 general aggregate that applies to project under contract $250,000 each incident $500,000 per occurrence $250,000 each incident $500,000 per occurrence $100,000 for property Damage each accident $500,000 Bodily Injury & Property Damage each accident 17. Garage Liability $� BI & PD each occurrence 18. Garage Keepers' Legal $� Comprehensive 19. Owners' Protective Liability $� Collision/$500,000 combined single limit X 20. City named as additional insured on other than Workers Compensation. This coverage is primary to all other coverages the city may possess. X 21.City provided with Waiver of Subrogation on Workers' Compensation Alternative program if applicable. X 22. Ten (10) days notice of cancelation, non -renewal, material change or coverage reduction endorsement required. The words "endeavor to" and "but failure" (at end of sentence) are to be eliminated from the Notice of Cancellation provision on standard ACORD certificates. 23. The City of Paris prefers an A.M. Best's Guide Rating of "A-", "VI" or better or Standard and Poor's Rating AA or better; Authorized to do business in the State of Texas (not applicable for workers' compensation assigned through pool or alternative compensation programs). X 24. The Certificate must state bid number and bid title or project name. 25. Other Insurance Required: INSURANCE AGENT'S ST TEMENT I have reviewed these requirements with the bidder named below. Additionally: X 26.The above policy(s) carry the following deductibles: Full limits of coverage available for General Liability and Automobile Liability. X 27.Liability policies are (indicate): w, Insurance Age Ja Signature 1� 1� _ Date _ .n OCCURRENCE [ ] CLAIMS MADE [ ] 8 CERTIFICATE OF LIABILITY INSURANCE THS CGIONWATEIS IS61J®AS A HATTBt OF Rii>RNIATIDN CMY AN D C0N1q= NO R%GNr3 UPON THECOMCATJ!i d THIS 0111M OATEOMNOFAFARMATIVELYORHEGATR/BLYAMENRMMORALTIERTHECOVEIM(MAFFORDW11fTiEPOLICIS BELOW. THIS M1E10ATEOFOMMNCB000 NOT CONSTITYMA CONTRACTBETWEt THE OWN 116t110"), AI1r=M= IMPCRrANr, IN she eaftitkate holder Is. an ADDITIONAL IB UREEk the polky(les) must have ADMTK NAL INSS6MOprovisions or be endensed df SUBMWATM 0 WAIVM subject to the terms and Gond Wens of the poDey, sertaln policies may require an endorsement. A statement on this eertiNeafe dean not solder rights to the attMleste holder to lieu of such endersamem(s). PRODUCER C01f70LT hA !°AS'�9Ballardhwm2ace a lac. ....... _ _.......w... Ballard Insu ce Agency lea n"E ry AmafDal aeus® Green's Lavin Service 3610 ClententRd Paris, TX 75460 COVE C84Yff7CA7E H11Lfgt BBIIBION� 7NIg IB TO CERTIFY TNAT7HE PDUCIFS OF INSURANCE LISTED EELOW NAVE BEEN ISSUED TO TIE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTYWTHSTANUING ANY REOUIREMENT, TERM OR CONOITION OF ANY CONTRACT OR OTHER DOCUTAW Wn i RESPECTTO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 18 SUBJECT TO ALLTHE TERM EADWSIONS'AND CONDITIONS OF SUCH POLICIES. 1IATTS BROWN MAY HAVE BEEN REDUCED BY PND CLAIMS. dk� o IYPEMM&IRIWCE fluSTP TiCMM ..... _-'__111'_'__ _ POUC►RUMBEfr POLICY EFF _ 'w*e*, ..,� WPOtXVElm�. qNA� o^r�. ..v »o ial7f ealNSReua°alLrrALLUBaIrr E4WCCDURREMM 1,OOD OOD wf j Y'��� _ aw 1AOOADO { M®FJ�HAieue�fd�.,. s IS,O(iD A IMS59MI892 3/12/2023 311212024 »„ ym rHxaoNueADvniuRr f MOOA00 GIRrLARa0iEGNIXIai1TAPPUMPEE' oeiERALABORB3A7E : 2,000,000 Pa1xr ❑ � ❑ ae rrtmucTa•coNF>oaAse s 2,000,000 o�w.M.rW,B�y .._... couewmaneLEuu'I� e . -w ..... ArerwVrO 11DDLrwIURrSiIrFNrw) s ... ....OMED AUTOS AUTOBONLY SCHmutEO AUT06 BODILYINJ..... .... m...w.er.a URYtPkr."wa ... ...............m..... $ ........... .V. .w.„., ..,°.,°,°,..... PROF'ENTYOAUAeE . .....w.�...................:«.,, ..,.,. AUTOS WILY AU ... MTUSWNID AUTt160NLY ,,,�,P!.�.�!��� ..... .:,,,,,,.., f ............. „......�.w_., f ... 1R®R6LAlHB OCCUR w_... .., .....................,,, .. .._..... .......... . .M,m ,.�,m. ...... . .. FILCH ODCURRTNCE S �. '.... ��� GAOAERAADE ` AOGRESIATE S m....., manaBffTmON f ......... __�.N.v _......,, f ...,_.. __ .......... ..... ..... - +wotrDLarassLneamr YAH.... ANYPROPRERIRIPNnNMRIXECUrNE OFFICERNMOM ENCU) ❑ NIA .............�s........v...�,.�.aw,.,...,,........_..... .��.......� (RegerM Epi. ave S D66CRPn1ON OG OP 770Neba- FLDESM-POUOVUMfr e Deaeae cN OFWBA110Y6I .....nena.�(71LroNA IM,ImalmwRermna ea�tluhmerw ... .,�.�,., „�. .. . ............ .�. l4dtl■aWnyueeb�q�6W ......--.......... m.,.,�_� .... ,,..., ,,., ,. ------- ..�..... ,.w.._._.. 6tyofParis 133 SE 1st Pati%, TX 75460 SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EDPUTAMON DATE THEREOF. NOTICE WILL DE VELPARED m ACCORDANCE wn” THE POLICY PROVISIONS. , , ®1986-816 ACM CORPOR UK A6 rights reserved. ACIDRD26 t20 =3) The ACOINname and logo are registered marks of ACORD Attachment C INSURANCE REQUIREMENTS 1. General Insurance Re uirements: 1.1 The Contractor shall not start work under this Contract until the Contractor has obtained at his own expense all of the insurance called for hereunder and such insurance has been approved by the City; nor shall the Contractor allow any subcontractor to start work on any subcontract until all insurance required of the subcontractor has been so obtained and approved by the Contractor. Contractor must submit appropriate certificates of insurance detailing the required coverage before the contract can be awarded. In certain instances, properly signed policy endorsements and/or certified copies of insurance policies showing the required coverage will be required. 1.2 The Contractor shall require all subcontractors to maintain during the term of this agreement, Commercial General Liability insurance, Business Automobile Liability insurance, and Workers' Compensation and Employer's Liability insurance, in the same manner as specified for the Contractor. The Contractor shall furnish subcontractors' certificates of insurance to the City immediately upon request. 1.3 All insurance policies required hereunder shall be endorsed to include the following provision: "It is agreed that this policy is not subject to cancellation, non -renewal, material change, or reduction in coverage until ten (10) days prior written notice has been given to the City Engineer, City of Paris". 1.4 No acceptance and/or approval of any insurance by the City shall be construed as relieving or excusing the Contractor, or the surety, or its bond, from any liability or obligation imposed upon either or both of them by the provisions of the Contract Documents. 1.5 The City of Paris (including its elected officials, officers and employees) is to be named as an additional insured under all insurance policies under this Contract except Workers' Compensation and Automobile Liability, and the certificate of insurance, or the certified policy, if requested, must so state. Coverage afforded under this paragraph shall be primary as respects the City, its elected officials, officers and employees. 1.6 The Contractor shall provide insurance coverage for this contract and/or project as specified in the "Insurance Checklist" attached hereto. Full limits of insurance required by the checklist attached shall be available for claims arising out of this contract and/or project. A copy of the insurance policies and/or endorsements issued for this project or properly executed Acord Certificate shall be submitted to the City prior to commencement of work. 1.7 The Contractor covenants to save, defend, hold harmless and indemnify the City and its elected officials, officers and employees (collectively the "City") from and against any and all claims, loss, damage, injury, cost (including court costs and attorney's fees), charges, liability or exposure, however caused, resulting from or arising out of or in any way connected with the Contractor's performance or non-performance of the terms of the Contract Documents or its obligations under the Contract. This indemnification shall continue in full force and effect until the Contractor completes all of the work required under the Contract, except that indemnification shall continue for all claims involving products or completed operations after final acceptance of the work by the City for which the City gives notice to the Contractor after the City's final acceptance of the work. 1.8 The Contractor shall be responsible for the work performed under the contract and every part thereof, and for all materials, tools, equipment, appliances, and property of any and all descriptions used in connection with the work. The Contractor assumes all risks for direct and indirect damage or injury to the property or persons used or employed on or in connection with the work contracted for, and of all damage or injury to any person or property wherever located, resulting from any action, omission, commission or operation under the Contract, or in connection in any way whatsoever with the contracted work, until final acceptance of the work by the City. 1.9 Insurance coverage required in these specifications shall be in force throughout the Contract Term. Should the Contractor fail to provide acceptable evidence of current insurance within seven (7) days of written notice at any time during the Contract Term, the City shall have the absolute right to terminate the Contract without any further obligation to the Contractor, and the Contractor shall be liable to the City for the entire additional cost of procuring performance and the cost of performing the incomplete portion of the Contract at time of termination. 1.10 Contractual and other liability insurance provided under this Contract shall not contain a supervision, inspection or engineering services exclusion that would preclude the City from supervising or inspecting the project as to the end result. The Contractor shall assume all on-the-job responsibilities as to the control of persons directly employed by it and of the subcontractors and any persons employed by the subcontractor. 1.11 Nothing contained in the specifications shall be construed as creating any contractual relationship between any subcontractor and the City. The Contractor shall be as fully responsible to the City for the acts and omissions of the subcontractors and of persons employed by them as it is for acts and omissions of persons directly employed by it. 1.12 Precaution shall be exercised by the Contractor at all times for the protection of persons, (including employees) and property. All existing structures, utilities, roads, services, trees and shrubbery shall be protected against damage or interruption of service at all times by the Contractor and its subcontractors during the term of the Contract, and the Contractor shall be held responsible for any damage to property occurring by reason of its operation on the property. 1.13 All required insurance coverage must be acquired from insurers authorized to do business in the State of Texas and acceptable to the City. The City prefers that all insurers also have a policyholder's rating of "A-" or better, and a financial size of "Class VI" or better in the latest edition of A.M. Best, or A or better by Standard and Poors; exceptions to this policy may only be approved in writing by the City Manager or City Finance Director. 1.14 The City will consider deductible amounts as part of its review of the financial stability of the bidder. Any deductibles shall be disclosed in the Checklist and all deductibles will be assumed by the Contractor. Contractor/Vendor may be required to provide proof of financial ability to cover deductibles, or may be required to post a bond to cover deductibles. 2. Contractor's Insurance - "Occurrence" Basis: 2.1 The Contractor shall purchase the following insurance coverage, including the terms, provisions and limits shown in the Checklist. 2. 1.1 Commercial General Liability - Such Commercial General Liability policy shall include any or all of the following as indicated on the Checklist: i. General aggregate limit is to apply per project. ii. Premises/Operations: iii. Actions of Independent Contractors; iv. Products/Completed Operations to be maintained for one year. Final completion and acceptance of the work, with evidence of same filed with owner. V. Contractual Liability including protection for the Contractor from claims arising out of liability assumed under this contract; vi. Personal Injury Liability including coverage for offenses related to employment; vii. Explosion, Collapse, or Underground (XCU) hazards; if applicable. Coverage required for any and all work involving drilling, excavation, etc. 2.1.2 Business Automobile Liability including coverage for any owned, hired, or non -owned motor vehicles and automobile contractual liability. 2.1.3 Workers' Compensation - statutory benefits as required by the State of Texas, or other laws as required by labor union agreements, including Employers' Liability coverage. 2.2 Owner's Protective Liability Insurance: In addition to the insurance described above, the Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under the contract, an owner's protective liability insurance policy naming the Owner and Engineer as insured for property damage and bodily injury, including death, which may arise in the prosecution of the work or Contractor's operation under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Limits of liability shall be as follows: Bodily Injury $500,000 each occurrence Property Damage $500,000 each occurrence 4 INSURANCE CHECKLIST Construction Projects ("X" means the coverage is required.) Coverage Rec. uired X 1. Workers' Compensation & Employers' Liability disease 2. For Future Use ® 3. City Approved Alternative program Workers' Comp. Program X 4. General Liability X 5. General aggregate applies per project (CGL) X 6. Premises/Operations X 7. Independent Contractors X 8. Products X 9. Completed Operations X 10. Contractual Liability X 11. Personal Injury Liability X 12. XCU Coverages X 13. Automobile Liability Property Limits (Figures Denote Minimums Statutory limits of State of Texas $100,000 accident $100,000 $500,000 policy limit disease $150,000 medical, safety Minimum $500,000 each incident $1,000,000 occurrence Complete entry No. 26 (Items No. 3-10 & 12 require) $500,000 combined single limit for bodily injury and property damage damage each occurrence with $1,000,000 general aggregate that applies to project under contract $500,000 each offense & aggregate $500,000 Bodily Injury & X 14. Owned, Hired & Non -owned Damage each accident 15. Motor Carrier Act Endorsement 16. Professional Liability $500,000 Bodily Injury & Property Damage each accident. 17. Garage Liability $ BI & PD each occurrence 18. Garage keepers' Legal $ - Comprehensive $ - Collision X 19. Owners Protective $500,000 Combined single limits Liability X 20. City named as additional insured on other than W/C and Auto. This coverage is primary to all other coverages the City may possess. X 21. City provided with Waiver of Subrogation on Workers' Compensation or Alternative program if applicable. X 22. Ten (10) days notice of cancellation, non -renewal, material change or coverage reduction endorsement required. The words "endeavor to" and "but failure" (to end of sentence) are to be eliminated from the Notice of Cancellation provision on standard ACORD certificates. X 23. The City of Paris prefers an A.M. Best's Guide Rating of "A-", "VI" or better or Standard and Poor's Rating AA or better; authorized to do business in the State of Texas (not applicable for workers' compensation assigned through pool or alternative compensation programs). X 24. The Certificate must state bid number and bid title or project name. 25. Other Insurance Required: N/A T£.: XA; Item No. 19 TO: Mayor, Mayor Pro -Tem and City Council Grayson Path, City Manager FROM: Duke McGee, Assistant Director of Community Development SUBJECT: Conduct a public hearing and take action regarding the petition of Nathan Spaulding for Lone Star Planned Developments, LLC on behalf of Covenant Christian Church for a Comprehensive Plan Amendment for a split land use of Low Density Residential (LDR) and Medium Density Residential (MDR) to Commercial (C) in the City of Paris, Block 351, Part of Lot 9 & 10 (9.32 acres), LCAD 18903 located in the 4000 Block of SE Loop 286. MTG. DATE: January 22, 2024 BACKGROUND Nathan Spaulding for Lone Star Planned Developments, LLC on behalf of Covenant Christian Church is seeking a minor amendment to the Comprehensive Plan to provide for a commercial use of the property located in the 4000 Block of SE Loop 286. This is a 9.32 acre tract that is currently vacant. Also, on this agenda is a zoning change request. The site directly abuts the 286 Loop to the East and is currently guided for Medium and Low Density Residential. The land use directly across is zoned and guided for commercial use. Good access and connection to utilities are available at this location. Commercial development in this location will provide a good buffer between residential uses and the 286 Loop and will serve the immediate and long-term needs of the community. Staff is in support of this minor amendment to Commercial The Planning & Zoning Commission recommended approval of the Comprehensive Plan Amendment at its January 03, 2024 meeting. Motion carried, 6 ayes — 0 nays. RECOMMENDATION Approve of the Comprehensive Plan Amendment from a split use of Medium and Low Density Residential to Commercial. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND ADOPTING REVISIONS TO THE COMPREHENSIVE PLAN AMENDMENT AND FUTURE LAND USE MAP FOR THE CITY OF PARIS FROM A SPLIT LAND USE OF LOW DENSITY RESIDENTIAL (LDR) AND MEDIUM DENSITY RESIDENTIAL (MDR) TO COMMERCIAL (C) IN THE CITY OF PARIS BLOCK 3 51, PART OF LOT 9 AND 10 (A 9.32 ACRE TRACT), LCAD #18903, LOCATED IN THE 4000 BLOCK OF SOUTHEAST LOOP 286; MAKING OTHER FINDINGS AND PROVISIONS RELEATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, AND A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Section 211.004 of the Texas Local Government Code requires that all zoning regulations must be adopted in accordance with a comprehensive plan and must be designed to lessen congestion in the streets; secure safety from fire, panic, and other dangers; promote health and the general welfare; provide adequate light and air; prevent the overcrowding of land; avoid undue concentration of population; or facilitate the adequate provision of transportation, water, sewers, schools, parks, and other public requirements; and, WHEREAS, Chapter 213, of the Texas Local Government Code empowers municipalities for the purpose of promoting sound development and promoting public health, safety, and welfare to adopt a comprehensive plan for the long range development of said municipalities; and, WHEREAS, Chapter 213 of the Local Government Code empowers a municipality to define the content and design of a comprehensive plan; and, WHEREAS, Chapter 213 of the Local Government Code provides that a comprehensive plan may: 1. Include but is not limited to provisions on land use, transportation, and public facilities; 2. Consist of a single plan or a coordinated set of plans organized by subject and geographic areas; and 3. Be used to coordinate and guide the establishment of development regulations; and, WHEREAS, the adoption of the proposed Comprehensive Plan shall not, in accordance with Section 213.004 of the Local Government Code, limit the ability of the City of Paris to prepare other plans, policies, or strategies related to land use and land use planning as required; and, WHEREAS, in September for 2001, the City Council adopted a City of Paris, Texas Comprehensive Plan and Future Land Use Map; and, WHEREAS, said 2001 Comprehensive Plan and Future Land Use Plan and said Land Use Plan Definitions were amended and adopted in May, 2008, and, WHEREAS, in October of 2018, the City Council adopted significant revisions to the Comprehensive Plan and the Future Land Use Plan; and WHEREAS, the City Council of the City of Paris, Texas, received a request for an amendment to the Comprehensive Plan and Future Land Use Map for City of Paris Block 351, Part of Lots 9 and 10 (a 9.32 acre tract), LCAD #18903, located in the 4000 Block of SE Loop 286 in the City of Paris from a split land use of Low Density Residential (LDR) and Medium Density Residential (MDR) to Commercial (C); and WHEREAS, analysis of the existing conditions of the supports such a change to the Comprehensive Plan and the Future Land Use Map; and WHEREAS, on January 3, 2024, the Planning and Zoning Commission conducted a public hearing on said proposed amendment after notice and publication as required by law, and, following said hearing, made formal recommendation to the City Council in favor of said proposed Comprehensive Plan and Future Land Use Map Amendment; and WHEREAS, on January 22, 2024, after notice and publication as required by law, the City Council of the City of Paris held a public hearing to receive input from the citizens of the City of Paris regarding the proposed amendment to the Future Land Use Map and the City Council determined that this amendment would be in the best interest of the City of Paris and its citizens, and the same should be approved. 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 the Future Land Use Plan Map for City of Paris, Texas shall be amended to change the potential zoning classifications for the property described as City of Paris Block 351, Part of Lots 9 and 10 (a 9.32 acre tract), LCAD #18903, located in the 4000 Block of SE Loop 286 in the City of from a split land use of Low Density Residential (LDR) and Medium Density Residential (MDR) to Commercial (C). Section 3. 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 4. 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 S. 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 6. That this ordinance shall become effective from and after its passage. PASSED AND ADOPTED on this 22nd day of January, 2024, by the City Council of the City of Paris, in regular session, following notice and publication as required by law. Reginald B. Hughes, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney Item No. 20 TO: Mayor, Mayor Pro -Tem and City Council Grayson Path, City Manager FROM: Duke McGee, Assistant Director of Community Development SUBJECT: Conduct a public hearing and take action regarding the petition of Nathan Spaulding for Lone Star Planned Developments, LLC on behalf of Covenant Christian Church for a zoning change from an Agricultural District (A) to Commercial (C) in the City of Paris, Block 351, Part of Lot 9 & 10 (9.32 acres), LCAD 18903 located in the 4000 Block of SE Loop 286. MTG. DATE: January 22, 2024 BACKGROUND Nathan Spaulding for Lone Star Planned Developments, LLC on behalf of Covenant Christian Church is requesting a zoning change from A to C. The subject property is a 9.32 acre tract that fronts the 286 Loop. The property is being re -guided from split Medium and Low Density Residential to Commercial in support of this zoning change. Therefore, this zoning action will be in accordance with the city's comprehensive plan. ANALYSIS The land to the West is zoned Agriculture is guided for Low Density Residential and is currently undeveloped. The land to the East and across the 286 Loop is zoned Commercial, is guided for Commercial and is currently undeveloped. The land to the North is zoned Agriculture, is guided for Low Density Residential and is currently undeveloped. The land directly to the South is zoned Agriculture and is home to Covenant Christian Church. A little further South is the entry to Cedar Parks Subdivision. Given the location of this area with direct access to the 286 Loop; staff believes this area is well situated for Commercial development. It would also serve as a buffer zone between the high traffic use on the 286 Loop and the guided use of adjacent property. City water and sewer are available near this site. All improvements to the lot shall conform to the standards required by the City of Paris. The Planning & Zoning Commission recommended approval of the zoning change at its January 03, 2023 meeting. Motion carried, 6 ayes — 0 nays. RECOMMENDATION Approve of the zoning change from an Agricultural District (A) to a Commercial District (C). ThE M77-!, "L ,A, ;, k S3i,N ,�, SAVINGS CLAUSE, ;f PENALTY 4, AND PROVIDING AN EFFE�TIVE WHEREAS, the Planning and Zoning Commission received a request for an amendment to the Zoning Ordin„ Pa, of Lots r, and ': , s " 'd in the 4000 Block of SE Loop 86 from an Agricultural D; Commercial District (C); and CommissionWHEREAS, on January 3, 2024 following notice and publication as required by law, the Planning and Zoning +; on the proposed amendment to the City Zoning Ordinance and, following said hearing, made formal recommendation to the City Council to approve the requested zoning; and, TMIFFT8w and would1 welfare of the citizens of the City of Paris by a vote of — ayes Iinays. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, Section at the findings set out in the preamble tat is ordinance are hereby 1 all things approved. 11i 01311 iii1111711am. =T #; .. rezone City of Paris Block 351, Part of Lots 9 and 10, LCAD9 d in . 4000 Block of SE Loop 286, from an Agricultural set forth in this ordinance. Section 4. 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 5. 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 6. 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 7. That any person violating any provision of this ordinance shall be guilty of a Misdemeanor, and upon conviction, shall be subject to a fine in accordance with provisions of Sec. 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 B. This ordinance shall become effective from and after its passage and publication as required by law. PASSED AND ADOPTED on this 22nd day of January, 2024, by the City Council of the City of Paris, in regular session, following notice and publication as required by law. Reginald B. Hughes, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney Item No. 21 TO: Mayor, Mayor Pro -Tem and City Council Grayson Path, City Manager FROM: Duke McGee, Assistant Director of Community Development SUBJECT: Conduct a public hearing and take action regarding the petition of Nathan Spaulding for Lone Star Planned Developments, LLC on behalf of Benny and Pat Short for a Comprehensive Plan Amendment from Low Density Residential (LDR) to Commercial (C) in the City of Paris, Block 352, Lot PT of 7, LCAD 110221 and Gibson Valley Estates, Block A, Lot 1, LCAD 101305 (4.86 acres) in the 4200 Block of SE Loop 286. MTG. DATE: January 22, 2024 BACKGROUND Nathan Spaulding for Lone Star Planned Developments, LLC on behalf of Benny and Pat Short is seeking a minor amendment to the Comprehensive Plan to provide for a commercial use of the property located in the 4000 Block of SE Loop 286. This is a 4.86 acre tract that is currently vacant. Also, on this agenda is a zoning change request. The site directly abuts the 286 Loop to the East and is currently guided for Low Density Residential. The land use directly across is zoned and guided for commercial use. Good access and connection to utilities are available at this location. Commercial development in this location will provide a good buffer between residential uses and the 286 Loop and will serve the immediate and long-term needs of the community. Staff is in support of this minor amendment to Commercial The Planning & Zoning Commission recommended approval of the Comprehensive Plan Amendment at its January 03, 2024 meeting. Motion carried, 6 ayes — 0 nays. RECOMMENDATION Approve of the Comprehensive Plan Amendment from a Low Density Residential to Commercial. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND ADOPTING REVISIONS TO THE COMPREHENSIVE PLAN AMENDMENT AND FUTURE LAND USE MAP FOR THE CITY OF PARIS FROM LOW DENSITY RESIDENTIAL (LDR) TO COMMERCIAL (C) FOR THE CITY OF PARIS BLOCK 352, PART OF LOT 7, LCAD #110221, AND GIBSON VALLEY ESTATES, BLOCK A, LOT 1 LCAD #101305, LOCATED IN THE 4200 BLOCK OF SOUTHEAST LOOP 286; MAKING OTHER FINDINGS AND PROVISIONS RELEATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, AND A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Section 2 11.0 04 of the Texas Local Government Code requires that all zoning regulations must be adopted in accordance with a comprehensive plan and must be designed to lessen congestion in the streets; secure safety from fire, panic, and other dangers; promote health and the general welfare; provide adequate light and air; prevent the overcrowding of land; avoid undue concentration of population; or facilitate the adequate provision of transportation, water, sewers, schools, parks, and other public requirements; and, WHEREAS, Chapter 213, of the Texas Local Government Code empowers municipalities for the purpose of promoting sound development and promoting public health, safety, and welfare to adopt a comprehensive plan for the long range development of said municipalities; and, WHEREAS, Chapter 213 of the Local Government Code empowers a municipality to define the content and design of a comprehensive plan; and, WHEREAS, Chapter 213 of the Local Government Code provides that a comprehensive plan may: 1. Include but is not limited to provisions on land use, transportation, and public facilities; 2. Consist of a single plan or a coordinated set of plans organized by subject and geographic areas; and 3. Be used to coordinate and guide the establishment of development regulations; and, WHEREAS, the adoption of the proposed Comprehensive Plan shall not, in accordance with Section 213.004 of the Local Government Code, limit the ability of the City of Paris to prepare other plans, policies, or strategies related to land use and land use planning as required; and, WHEREAS, in September for 2001, the City Council adopted a City of Paris, Texas Comprehensive Plan and Future Land Use Map; and, WHEREAS, said 2001 Comprehensive Plan and Future Land Use Plan and said Land Use Plan Definitions were amended and adopted in May, 2008, and, WHEREAS, in October of 2018, the City Council adopted significant revisions to the Comprehensive Plan and the Future Land Use Plan; and WHEREAS, the City Council of the City of Paris, Texas, received a for an amendment to the Comprehensive Plan and Future Land Use Map for City of Paris Block 352, Part of Lot 7, LCAD #110221 and Gibson Valley Estates, Block A, Lot 1, LCAD #101305, located in the 4200 Block of SE Loop 286, a 4.86 acre tract in the City of Paris from a Low Density Residential District (LDR) to a Commercial District (C); and WHEREAS, analysis of the existing conditions of the neighborhood supports such a change to the Comprehensive Plan and the Future Land Use Map; and WHEREAS, on January 3, 2024, the Planning and Zoning Commission conducted a public hearing on said proposed amendment after notice and publication as required by law, and, following said hearing, made formal recommendation to the City Council in favor of said proposed Comprehensive Plan and Future Land Use Map Amendment; and WHEREAS, on January 22, 2024, after notice and publication as required by law, the City Council of the City of Paris held a public hearing to receive input from the citizens of the City of Paris regarding the proposed amendment to the Future Land Use Map and the City Council determined that this amendment would be in the best interest of the City of Paris and its citizens, and the same should be approved. 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 the Future Land Use Plan Map for City of Paris, Texas shall be amended to change the potential zoning classifications for the property described as City of Paris Block 352, Part of Lot 7, LCAD #110221 and Gibson Valley Estates, Block A, Lot 1, LCAD #101305, located in the 4200 Block of SE Loop 286 in the City of Paris, a 4.86 acre tract, from a Low Density Residential District (LDR) to a Commercial District (C). Section 3. 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 4. 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 5. 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 6. That this ordinance shall become effective from and after its passage. PASSED AND ADOPTED on this 22nd day of January, 2024, by the City Council of the City of Paris, in regular session, following notice and publication as required by law. Reginald B. Hughes, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney Item No. 22 TO: Mayor, Mayor Pro -Tem and City Council Grayson Path, City Manager FROM: Duke McGee, Assistant Director of Community Development SUBJECT: Conduct a public hearing and take action regarding the petition of Nathan Spaulding for Lone Star Planned Developments, LLC on behalf of Benny and Pat Short for a zoning change from an Agricultural District (A) to a Commercial District (C) in the City of Paris, Block 352, Lot PT of 7, LCAD 110221 and Gibson Valley Estates, Block A, Lot 1, LCAD 101305 (4.86 acres) in the 4200 Block of SE Loop 286 MTG. DATE: January 22, 2024 BACKGROUND Nathan Spaulding for Lone Star Planned Developments, LLC on behalf of Benny and Pat Short is requesting a zoning change from A to C. The subject property is a 4.86 acre tract that fronts the 286 Loop. The property is being re -guided from Low Density Residential to Commercial in support of this zoning change. Therefore, this zoning action will be in accordance with the city's comprehensive plan. ANALYSIS The land to the West is zoned Agriculture is guided for Low Density Residential and is currently undeveloped. The land to the East and across the 286 Loop is zoned Commercial, is guided for Commercial and is currently undeveloped. The land to the North is zoned Agriculture, is guided for Low Density Residential and is currently undeveloped. The land directly to the South is zoned Agriculture and is home to Covenant Christian Church. A little further South is the entry to Cedar Parks Subdivision. Given the location of this area with direct access to the 286 Loop; staff believes this area is well situated for Commercial development. It would also serve as a buffer zone between the high traffic use on the 286 Loop and the guided use of adjacent property. City water and sewer are available near this site. All improvements to the lot shall conform to the standards required by the City of Paris. The Planning & Zoning Commission recommended approval of the zoning change at its January 03, 2023 meeting. Motion carried, 6 ayes — 0 nays. RECOMMENDATION Approve of the zoning change from an Agricultural District (A) to a Commercial District (C). ORDINANCE NO. 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 352 PART OF LOT 7, LCAD #110221 AND GIBSON VALLEY ESTATES, BLOCK A, LOT 1, LCAD #101305, LOCATED IN THE 4200 BLOCK OF SOUTHEAST LOOP 286, FROM AN AGRICULTURAL DISTRICT (A) TO A COMMERCIAL DISTRICT (C); 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. WHEREAS, the Planning and Zoning Commission received a request for an amendment to the Zoning Ordinance of the City of Paris to rezone City of Paris Block 352, Part of Lot 7, LCAD #110221, and Gibson Valley Estates, Block A, Lot 1, LCAD #101305 (a 4.86 acre tract), located in the 4200 Block of SE Loop 286, from an Agricultural District (A) to a Commercial District (C); and WHEREAS, on January 3, 2024 following notice and publication as required by law, the Planning and Zoning Commission conducted a public hearing on the proposed amendment to the City Zoning Ordinance and, following said hearing, made formal recommendation to the City Council to approve the requested zoning; and, WHEREAS, on January 22, 2024, following notice and publication as required by law, the City Council of the City of Paris conducted a public hearing on the proposed amendment to the City Zoning Ordinance, and having considered the recommendations of the Planning and Zoning Commission and the testimony and evidence introduced at said public hearing, found and determined that approving the aforesaid zoning change would be consistent with the Comprehensive Future Land Use Plan of the City of Paris, consistent with the City Zoning Ordinance, and would be in the best interests of the public health, safety, and welfare of the citizens of the City of Paris by a vote of ayes and nays. 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 the Official Zoning Map of the City of Paris, Texas and Zoning Ordinance No. 1710 of the City of Paris as heretofore amended is hereby further amended to rezone City of Paris Block 352, Part of Lot 7, LCAD #110221, and Gibson Valley Estates, Block A, Lot 1, LCAD #101305 (a 4.86 acre tract), located in the 4200 Block of SE Loop 286, from an Agricultural District (A) to a Commercial District (C). Section 3. That the Chief Building Official of the City of Paris be, and he is hereby, directed to change the Official Zoning Map of the City of Paris, Texas to reflect the changes set forth in this ordinance. Section 4. 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 S. 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 6. 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 7. That any person violating any provision of this ordinance shall be guilty of a Misdemeanor, and upon conviction, shall be subject to a fine in accordance with provisions of Sec. 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 8. This ordinance shall become effective from and after its passage and publication as required by law. PASSED AND ADOPTED on this 22nd day of January, 2024, by the City Council of the City of Paris, in regular session, following notice and publication as required by law. Reginald B. Hughes, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney Item No. 23 TO: City Council Grayson Path, City Manager FROM: Stephanie H. Harris, City Attorney SUBJECT: Disannexation Request -3197 FM 1497 (LOAD Parcel 103,154) DATE: January 22, 2024 BACKGROUND: The City has received an application for disannexation by the First Pentecostal Church of Paris the parcel set forth above. The application requests that the City Council consider disannexing the property located at 3197 FM 1497 (see attached map) for the stated reasons that the property was annexed without the church's knowledge, and that the church does not wish to be located within the city limits. The city annexed the property in 1999 by Ordinance No. 99-034 after all notices and publications required by law. STATUS OF ISSUE: The reasons for requesting disannexation do not fall within any valid reason for disannexation under the City's annexation/disannexation policy or state law; however, as can be seen below, the city limits line (in yellow) moves on a fairly straight line until it gets to the church's property then jags around to take in the church property and the parcel directly to the north. We could find no record of why the annexation line was drawn this way. Consequently, disannexation of the property would not create any impermissible islands or keyholes. The church is not on city water or sewer but benefits from all other city services. As the church is tax exempt, the city receives no ad velorem taxes on the property. Should Council wish to undertake disannexation proceedings with respect to this property, the following procedure will need to be followed: January 22, 2024—City Council Meeting—The City Council will discuss the petition and determine whether or not to proceed. If Council wishes to proceed, it should consider and act upon the accompanying resolution authorizing the disannexation process. Should Council decline to proceed, it should consider and act upon the accompanying resolution declining to proceed. This is in the discretion of the Council. If Council determines to proceed, from here, the entire process must be complete within 90 days. If council determines not to proceed, there will be no further action on the petition. If Council chooses to proceed: January 23—February 8, 2024—The city attorney will send out notices to other taxing entities, service providers, and railroads as necessary, which must be done at least 30 days before the first of two public hearings. February 20—February 29, 2024—Publish notice of first public hearing in the Paris News (publication must be between the 20th and the 10th day out from the 1St public hearing) February 27—March 7, 2024—Publish notice of second public hearing in the Paris News (publication must be between the 20th and the 10th day out from the second public hearing). Note: The city may publish a single notice for both hearings on either Tuesday, February 27th or Thursday February 29t1i or Thursday July 1St as the two notice periods overlap. March 11, 2024—City Council Meeting -1St public hearing (public hearings must be held between the 40th and 20th days out from action on the ordinance to disannex) March 18, 2024—Special Meeting, City Council -2nd public hearing (in order to get in both hearings done in that 20 day period, and because of our 2nd and 4th Monday schedule and how that falls on the calendar, Council will have to hold a special meeting to get in the 2nd public hearing) April 8,2024—City Council Meeting—Act on ordinance to disannex (day 77 from institution of disannexation proceedings). BUDGET: None. The owner is tax exempt and does not pay ad velorem taxes on the property. OPTIONS: 1. Discuss and act on a resolution stating the intent of city council to institute disannexation procedings on the property located at 3197 FM 1497 (LCAD Parcel 103,154). 2. Discuss and act on a resolution making findings of fact and denying the petition of First Pentecostal Church of Paris to disannex the property within the city limits of the City of Paris and located 3197 FM 1497 (LCAD Parcel 103,154). RECOMMENDATION: Staff recommends neither for nor against the relief requested in the petition for disannexation. Disannexation Request - 6055 Clarksville St Legend Existing City Limits D 100 200 400 Feet`:'`:'`''`` city Limits Property Being Disannexed Q Parcels Item No. 24 � W, I,, ff�l TO: Mayor, Mayor Pro -Tem & City Council Grayson Path, City Manager FROM: Kimmie Snowton, Police Community Outreach Coordinator Richard Salter, Chief of Police SUBJECT: PRESENTATION ABOUT TEMPORARY PLACEMENT OF BANNERS HONORING BLACK HISTORY MONTH DURING FEBRUARY DATE: January 22, 2024 BACKGROUND: Every February, the United States celebrates the achievements and history of African Americans as part of Black History Month. In 1926, the second week of February was dedicated to recognize the contributions of African Americans to U.S. history. This week was chosen because it included the birthdays of both Frederick Douglass, an abolitionist dedicated to the ending of slavery, and U.S. President Abraham Lincoln who led the United States during the Civil War and issued the Emancipation Proclamation, both of which helped lead to the ending of slavery. The week-long event officially became Black History Month in 1976 when U.S. President Gerald Ford extended the recognition to "honor the too -often neglected accomplishments of Black Americans in every area of endeavor throughout our history." Black History Month has been celebrated in the United States every February since. STATUS OF ISSUE: In preparation for the upcoming Black History Month, Mr. Kimmie Snowton, Community Outreach Coordinator for the Paris Police Department, in collaboration with the local NAACP Chapter seeks the City Councils' approval for the temporary placement of eight flags (in total) at the Paris Historic Downtown Plaza. Four flags will be placed for two weeks followed by four new flags for the remaining two weeks of February. While it is difficult to limit ourselves to eight, these flags will be used to provide a brief recognition of eight individuals who have played a positive and key role for African Americans in Paris, Texas. Our hope is that this will be well-received and something that might be repeated again annually. All flags would be subject to review and approval by the City Manager and City Attorney prior to being displayed during the month of February honoring Black History Month. Staff is seeking concurrence from City Council. BUDGET: The costs of the flags will be shared between the City of Paris and the NAACP for an estimated total cost of $600.00 ($300.00 to be paid by each entity). RECOMMENDATION: Approve placement of temporary flags at the Paris Historic Downtown Plaza during the month of February honoring local African Americans who have made a positive impact in our community. Item No. 25 memorandum TO: Mayor, Mayor Pro Tem & City Council Grayson Path, City Manager FROM: Gene Anderson, Finance Director SUBJECT: NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION TO FINANCE CONSTRUCTION OF A WASTEWATER PLANT DATE: January 22, 2024 BACKGROUND: The City has been working and planning towards building a new Wastewater Treatment Facility for several years. Thalle Construction Company, the general contractor for the wastewater treatment plant project, was issued a notice to proceed for Phase 1 of the project on January 11, 2023. Construction is ongoing and substantial completion of Phase 1 is scheduled for December 2024. For funding purposes, the project was divided into two phases. On December 11, 2023 the City Council heard a project update from Garver Engineering including the fact that Phase 2 design has been completed by Garver. STATUS OF ISSUE: The City will soon need to receive bids on Phase 2 of the project. When those bids are received, the City must have the funds on hand to build the project. Therefore, the city staff has prepared a resolution for this January 22nd meeting directing that notice of intent to issue certificates of obligation not to exceed $65,000,000 to finance construction of a wastewater treatment plant be posted to the City website and published in a newspaper that circulates within the City. BUDGET: A new construction fund and a new Interest & Sinking Fund will be established to handle the expenditure of the CO proceeds and to make the required debt payments. RECOMMENDATION: Move to adopt a resolution directing that notice of intent to issue certificates of obligation to finance construction of a wastewater treatment plant be posted to the City website and published in a newspaper, and approving all other matters pertaining thereto. CERTIFICATE FOR RESOLUTION THE STATE OF TEXAS COUNTY OF LAMAR CITY OF PARIS We, the undersigned officers of the City of Paris, Texas (the "City"), hereby certify as follows: 1. The City Council of the City (the "Council") convened in a regular meeting on January 22, 2024, at the designated meeting place, and the roll was called of the duly constituted officers and members of the Council, to wit: Reginald B. Hughes, Mayor Mihir "Mark" Pankaj, Mayor Pro Tem Shatara Moore, Council member Gary Savage, Council member Rebecca Norment, Council member Clayton Pilgrim, Council member Rudy Kessel, Council member Janice Ellis, City Clerk and all of said persons were present except , thus constituting a quorum. Whereupon, among other business, the following was transacted at said meeting: a written RESOLUTION DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION; AND RESOLVING OTHER MATTERS RELATING TO THE SUBJECT was duly introduced for the consideration of the Council. It was then duly moved and seconded that said Resolution be adopted and, after due discussion, said motion, carrying with it the adoption of said Resolution, prevailed and carried with all members present voting "AYE" except the following: NAY: ABSTAIN: 2. A true, full and correct copy of the aforesaid Resolution adopted at the meeting described in the above and foregoing paragraph is attached to and follows this Certificate; that said Resolution has been duly recorded in the Council's minutes of said meeting; that the above and foregoing paragraph is a true, full and correct excerpt from the Council's minutes of said meeting pertaining to the adoption of said Resolution; that the persons named in the above and foregoing paragraph are the duly chosen, qualified and acting officers and members of the Council as indicated therein; that each of the officers and members of the Council was duly and sufficiently notified officially and personally, in advance, of the time, place and purpose of the aforesaid meeting, and that said Resolution would be introduced and considered for adoption at said meeting, and each of said officers and members consented, in advance, to the holding of said meeting for such purpose, and that said meeting was open to the public and public notice of the time, place and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code. 3. The Council has approved and hereby approves the aforesaid Resolution; and the Mayor and the City Clerk of the City hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copy of said Resolution for all purposes. SIGNED AND SEALED THIS JANUARY 22, 2024. ...... .............. ............. . ........ -. Janice Ellis, City Clerk Reginald B. Hughes, Mayor City of Paris, Texas City of Paris, Texas (City Seal) RESOLUTION DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION; AND RESOLVING OTHER MATTERS RELATING TO THE SUBJECT THE STATE OF TEXAS COUNTY OF LAMAR CITY OF PARIS WHEREAS, the City Council of the City of Paris, Texas (the "City"), deems it advisable to give notice of intention to issue certificates of obligation of the City (the "Certificates of Obligation"), as hereinafter provided; and WHEREAS, it is hereby officially found and determined that the meeting at which this Resolution was passed was open to the public and public notice of the time, place and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. Attached hereto and marked Exhibit A is the form of Notice of Intention to Issue Certificates of Obligation of the City (the "Notice"), the form and substance of which are hereby passed and approved. Section 2. The City Clerk shall cause the Notice, in substantially the form attached hereto, to be published in a newspaper of general circulation in the City and published in the City, once a week for two consecutive weeks, the date of the first publication thereof to be before the forty- fifth (45"') day before the date tentatively set for the passage of the ordinance or ordinances authorizing the issuance of the Certificates of Obligation. Section 3. The City Clerk shall cause the Notice, in substantially the form attached hereto, to be posted continuously on the City's Internet website for at least forty-five (45) days before the date tentatively set for the passage of the ordinance or ordinances authorizing the issuance of the Certificates of Obligation. Section 4. This Resolution shall be effective immediately upon adoption. Exhibit A NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF PARIS, TEXAS NOTICE IS HEREBY GIVEN that the City Council of the City of Paris, Texas (the "City"), at its meeting to commence at 5:30 p.m. on March 25, 2024, in the City Council Chamber at City Hall, 107 E. Kaufman Street, Paris, Texas 75460, tentatively proposes to adopt one or more ordinances authorizing the issuance of interest-bearing certificates of obligation, in one or more series, in an amount not to exceed $65,000,000, for the purpose of paying all or a portion of the City's contractual obligations incurred in connection with (i) the acquisition, construction, installation and equipment of additions, improvements and extensions to the City's waterworks and sewer system (the "System") and (ii) paying legal, fiscal and engineering fees in connection with such projects. The City proposes to provide for the payment of such certificates of obligation from the levy and collection of ad valorem taxes in the City as provided by law and from a pledge of the surplus revenues of the System that remain after payment of all operation and maintenance expenses thereof, and after all debt service, reserve and other requirements in connection with all revenue bonds or other obligations (now or hereafter outstanding) of the City have been met, to the extent that such obligations are payable from all or any part of the net revenues of the System. The certificates of obligation are to be issued, and this notice is given, under and pursuant to the provisions of V.T.C.A., Local Government Code, Subchapter C of Chapter 271. The following information is provided to comply with Tex. H.B. 477, 86 Leg., R.S. (2019). The current principal of all outstanding debt obligations of the City is $91,260,000. The current combined principal and interest required to pay all outstanding debt obligations of the City on time and in full is $133,861,515. The maximum principal amount of the certificates to be authorized is $65,000,000 and the estimated combined principal and interest required to pay the certificates to be authorized on time and in full is $125,339,761. The maximum interest rate for the certificates may not exceed the maximum legal interest rate. The maximum maturity date of the certificates to be authorized is June 15, 2054. The above information does not exclude any outstanding debt obligations the City has designated as self-supporting and which the City reasonably expects to pay from revenue sources other than ad valorem taxes. CITY OF PARIS, TEXAS Item No. 26 TO: Mayor, Mayor Pro Tem, and City Council Grayson Path, City Manager FROM: Stephanie H. Harris, City Attorney SUBJECT: Amendment to Memorandum of Understanding between the City of Paris and the RAM Foundation DATE: January 22, 2024 BACKGROUND: As you may recall, in December of 2021, the RAM Foundation (RAM) made a sizeable donation of $300,000.00 to the city for the use in the city's HOME program to further RAM'S program of making affordable housing available to the city's residents. In conjunction with that donation, the parties entered into a memorandum of understanding (MOU) which provided that the city would continue its annual funding for the program and would exhaust those budgeted funds prior to accessing the donated funds. The MOU also provided that after the expiration of three years, RAM would be able to review the use of the donated funds, and, if less than half of the funds had been used, recoup all of the unused funds. STATUS OF ISSUE: Since the city's acceptance of the donation and the execution of the MOU, the city has not had occasion to tap into the donated funds. Given that none of those funds have been used in the last 2 years, RAM has requested a return of a portion of donation to fund its own affordable housing project. The plats for that project, which is for the construction of a single family home for an identified individual, are on this same agenda for approval. To facilitate this and future projects, the parties have agreed to amend the MOU as follows: Para gra . h 2,2.1(b) is hereby amended to read as follows: 2.1 (b) RAM reserves the right to recoup portions of the RAM funds which the City has neither expended nor dedicated to a particular future HOME or HANC project, such recouped funds to be used by RAM for other affordable housing initiatives. In order to exercise this right, RAM shall make written request to the City, and the City shall determine whether unexpended and undedicated funds are available to honor the request. If funds are available, the City shall promptly return the requested funds to RAM. RAM has the right to inquire as to the balance of any donated funds at any time, and the City will respond promptly to any such request. RAM has executed the amendment and has forwarded its written request for the return of a portion of the donated funds in the amount of $191,227.84. BUDGET: No impact. RECOMMENDATION: Move to approve a resolution approving the amendment of the December 15, 2021 MOU with the RAM Foundation to provide for the recoupment of undedicated funds for the purposes of RAM's own affordable housing initiatives and authorizing the City Manager to execute same. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AN AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PARIS AND THE RAM FOUNDATION DATED DECEMBER 15, 2021 RELATING TO DONATED FUNDS AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the on or about December 15, 2021, the City of Paris, Texas ("City") and the RAM Foundation ("RAM"), collectively referred to as the "Parties," entered into a Memorandum of Understanding (the "MOU") to set forth the terms for the use of funds to be donated by RAM to the City to assist in alleviating the need for affordable housing within the corporate limits of City; and WHEREAS, to that end, RAM donated the sum of $300,000.00 under the terms and conditions set forth therein to be used by City in the administration of the HOME programs for the provision of affordable -income housing; and WHEREAS, on December 13, 2021, the City Council of the City of Paris, Texas accepted RAM's donation by Resolution No. 2021-049; and WHEREAS, the MOU was a non-binding document setting out the anticipated roles and responsibilities of the Parties to effectuate the intent of the donation from RAM Foundation; and WHEREAS, the MOU provided that RAM could recoup unused portions of the donated funds on or after the third anniversary or the execution of the MOU; and WHEREAS, as of the date of execution of this Amendment, the City has not had cause to draw upon the donated funds; and WHEREAS, the parties have agreed to provide for RAM's recoupment of unused portions of the donated funds for the purposes of its own affordable housing initiatives: 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 City Council of the City of Paris, Texas approves the Amendment to Memorandum of Understanding Dated December 15, 2021 Between the City of Paris, Texas and the RAM Foundation attached hereto as Exhibit A and incorporated herein by reference and authorizes the City Manager to execute same. Section 3. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED on this 22nd day of January, 2024. Reginald B. Hughes, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney MEMORANDUM OF UNDERSTANDING This MEMORANDUM OF UNDERSTANDING (MOU) is entered into by and between the RAM Foundation (RAM) and the City of Paris, Texas (City), each a "Party" and collectively referred to as the "Parties." WHEREAS, the Parties wish to enter into this MOU.for the use of funds to be donated by RAM to the City to assist :in alleviating the need for affordable housing within the corporate limits of City; and WHEREAS, to that end, RAM will donate the sum of $300,000.00 under the terms and conditions set forth herein to be used by City in the administration of the HOME programs for the provision of affordable -income housing; and WHEREAS, the Philip and Sally Cecil Foundation., 1n.c. (Cecil) is donating the sum of $200,000.00 to be used in said programs, under the terms and conditions set forth herein; and WHEREAS, on December 13, 2021, the City Council of the City of Paris, Texas accepted both. donations by Resolution leo. {l M! gond WHEREAS, this MOU is a non-binding document setting out the anticipated roles and responsibilities of the Parties to effectuate the intent of the donations from RAM foundation. The Parties agree as follows: 1. Term: This agreement shall be effective immediately upon execution of the Parties and will expire upon the expenditure of all identified funds, unless terminated before that in accordance with. paragraph 8 herein below. 2. Roles and Resl)onsibilities of the Parties: 2.1 RAM a) RAM will donate the sum of $300,000.00 directly to City for use in the DOME programs, including the HRA (Homeowner Reconstruction Assistance) and HANC (Homeowner Assistance for New Construction) programs. Participation in. the HANC program is dependent upon the State of Texas' implementing said program during the term of this MOU. b) RAM reserves the right to review the use of the RAM funds on or about the three year anniversary of the execution of this MOU to determine how much of said funding has been expended. At that time, should, less than half of the donated. funds have been utilized, RAM. may recoup some or all of the funding from City to be used in other housing projects minus any funds that have already been committed for any particular home or homes under the HOME programs. c) The donated funds will be used towards the City's match for funds received from the State under the HOME programs according to the State rules, regulations, and guidelines for said programs or as otherwise needed upon the agreement of the parties. d) RAM will donate an additional $200,000.00, to be administered by the United Way of Lamar County, and which may be the subject of a separate agreement between RAM and the United Way, to go towards paying past due taxes, title insurance, and attorneys' fees for homeowners receiving assistance under the program with the City who need assistance with said expenses. 2.2 City a) City will be the recipient of the combined $500,000.001Z.A.Iv1/Cecil Funding for use in the HOME programs. Use in the HANC program is dependent on the State of Texas funding and setting up the administrative foundation for the program to go forward. Should the HANC program move forward on the State level, City will designate the sum of $100,000.00 of the Cecil funds to be used in HANG. b) City will use a third -party administrator to administer. the City and RAM/Cecil funding and the participation in the HOME programs. c) City will continue its annual funding for the HOME programs and will utilize the City's funding before accessing the RAM or Cecil funding. d) City will continue to follow the rules, regulations, and guidelines of the HOME programs in administering both the funding and the participation in said programs. e) City will set up a new account for the RAM/Cecil funds for accounting purposes. Funds to be used in HOME and HANC will be drawn directly from said account. City will .not be involved with the funds provided to the United Way for administration except. as may be needed to match qualifying homeowners with United Way :for purposes of the United Nay's disbursement of the funds. 3. This MOU does not create any legally binding obligations on any Party. 4. This MOU shall be governed by the applicable statutes, laws, and regulation of the United States and the :State of Texas. 5. Should City receive a request under the Texas .Public Information Act for :infonnation related to this MOU, the .Parties acknowledge that such information is more than .likely public for the purposes of the Act. Should the request fall within an exception to disclosure under the Act, City may request a ruling from. the Attorney General's office about whether the information is excepted from disclosure and notify RAM in writing of same. 6. Each Party acknowledges that is shall only be responsible for the actions of its oven employees and staff. If a court of competent jurisdiction determines any of this MOU's provisions or duties imposed are illegal, invalid, or unenforceable, the rest of the agreement shall be remain in effect as if the illegal, invalid, or unenforceable provision had not been included in the original document. 8. Either party may terminate, this MOU for any reason by providing written notice to the. other Party no later than thirty (30) days prior to the date of termination. In that event, City will return any unexpended funds to RAM minus any funds that have already been committed regarding any particular home or.homes in the HOME or HANC programs. 9. Amendments to this MOU will only be effective upon the written mutual agreement of the undersigned parties.. IN WITLESS WHEREOF, the. Parties hereto have executed this MOU on the .date below their signatures. RAl\4 Foundation ..,. _. .. ..... Title:�.�'.W.. €� Date: / 2- - If z City of Paris, Texas . .... . . .... - . . . .......... ...... ...... By: Grayson Path Title: City Manager V) Date: 7-11T_U:,NDMENT TO MEMORANDUM OF UNDERSTANDING DATED DECEMBER a THE PARIS,r, RAM FOUNDATION ►, ► , 1 /- f ' u KA► ► x i ► ► • . ► y �► ► ► ► .`► ►i,► 1 "g, �rp o Imlits ► and " '� ► -� ► ` t ►► �, •► � �r ► ' it r1rrr r. ► ►, ► ►r ; w ► r ► ► ► x WIFE ► M ► ro7,71�� � ►, of affordable -income housing; and ' r donation Resolution ► 049and WHEREAS, the MOU was a non-binding document setting out ► ► roles and responsibilities of the Parties to effectuate the intent of the donation from RAM Foundation; and WHEREAS, the MOU provided that RAM could recoup unused portions of the donated funds on or ►a anniversary or the execution of the and WHEREAS,of date of execution of this Amendment,not .► cause to draw pon the donated r► and donated funds for the purposes of its own affordable housing initiatives: THEREFORE, to that end, the Parties hereby agree to wnend the MOU (this "Amen► ► o 2.1 ... Areserves the( ►recoup portions RAM a fundsI has neither expended nor dedicated to a particular future HOME or HANC project, such recouped ► 1+be used by RAM for other ► w, initiatives. In order to exercise this right,+shall request to the City, and the City shall determine whether unexpended and undedicated funds are available to honor the request. If funds are available, the City shall promptly return the requested funds to RAM. RAM has the right to inquire as to the balance of any donated funds at any time, and the City will respond ► "io ► 4 any such request. IN WITNESS WHEREOF. the Parties hereto have executed this Ainendrmnt on, the date below their signatures. RAM Foundation . .. . ...... . ..... Bv: Date: City of Paris, Texas BY: Gra\ son Path Title: CiLy Manager v Date: Item No. 27 TO: Mayor, Mayor Pro -Tem & City Council Grayson Path, City Manager FROM: Robert G. Vine, Deputy City Manager SUBJECT: AMENDMENTS TO CHAPTER 33, "VEHICLES FOR HIRE" DATE: January 22, 2024 BACKGROUND: Council has been granting licenses to taxicab and shuttle services for years via individual ordinance in compliance with the City Charter (previously Charter Section 124, now Charter Section A4.010). On October 26, 2023, the Council adopted Ordinance No. 2020-060 creating Chapter 33, "Vehicles for Hire." At that time, the amendments included a provision that provided for a penalty for failure to obtain such a license. STATUS OF ISSUE: While staff recognizes the important of an ordinance regulating vehicles for hire, the current ordinance does not differentiate between taxicabs, black car services (limousines), and shuttles addition to Uber and Lyft (which the City cannot regulate pursuant to the Texas Transportation Code.) After speaking with 3 of the 4 vehicle for hire businesses currently operating within the City Limits of Paris about the current ordinance and possible changes to a future ordinance, the following amendments are recommended to the Vehicle for Hire Ordinance: 1. Add definitions for Hailable Service, Shuttle and Limousine. 2. Remove the requirement to have a permanent sign on vehicle for hire with the exception of taxi cabs, which is a hailable service. 3. Increase the annual fee per licensed vehicle from $50.00 to $100.00. 4. Remove the need to take every vehicle for hire ordinance to Council and make it an administrative task once Chapter "Vehicles for Hire" Ordinance is approved. 5. Remove the City's requirement to regulate what rates the vehicle for hire companies charge, since the City has not done that in at least twenty years. 6. Require commercial business insurance as opposed to individual's vehicle insurance. 7. Provided clarification regarding the act of cruising BUDGET: N/A RECOMMENDATION: Approve the Ordinance Adopting Chapter 33, "Vehicles for Hire." ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING ARTICLE 5.11, "VEHICLES FOR HIRE," OF CHAPTER 5, "BUSINESS REGULATIONS;" PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the laws -of the State of Texas and Section 11 of the Charter of the City of Paris, Texas grant to the City the exclusive dominion, control and jurisdiction in, upon, and over and under the public streets, avenues, alleys, highways and other public property of the City; and WHEREAS, on October 26, 2020, the City Council passed Ordinance No. 2020-060 adopting Article 5.11, "Vehicles for Hire," to Chapter 5, "Business Regulations," of the Code of Ordinances to regulate the operation of Vehicles for Hire over the city streets in order to protect public health and safety, promote the public convenience and necessity, and to protect consumers within the City; and WHEREAS, the City Council has passed individual ordinances granting permits to operators of Vehicles for Hire in the past but desires to amend Chapter 5, Article 5.11 to provide for approval and issuance of licenses for the operation of Vehicle for Hire services on an administrative level: 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 the City Council hereby repeals the existing Article S. 11, Vehicles for Hire" of Chapter 5, "Business Regulations," of the City of Paris Code of Ordinances and replaces it in its entirety as follows: "ARTICLE 5.11 VEHICLES FOR HIRE "Sec. 5.11.001. Statement of Policy. "It is the policy of the City of Paris, Texas to promote safety and quality of transportation for hire services in the City. The purpose of these regulations is to: 1 (1) protect the public health and safety; (2) promote the public convenience and necessity; (3) ensure that transportation for hire is a viable component of the transportation system in the City; (4) allow different modes of transportation for hire to compete directly with each other; and (5) allow consumers to select the type of transportation for hire they wish to use. "Sec. 5.11.002. Definitions "The following terms, when used in this Chapter, shall have the meanings ascribed to them by this section: 'Black Car means any Vehicle for Hire, regardless of make or model, which does not meet the definitions for Taxicab, Shuttle, or Limousine. "City means the City of Paris, Texas. "City Council shall mean the governing body of the City of Paris, Texas. "Hailable Service is a Taxicab Service that can be immediately summoned by a passenger communicating in person with the Driver of the Vehicle without need of utilizing the Transportation for Hire Services dispatch system. "License shall mean a license granted by the City allowing an owner or operator of a Vehicle for Hire to operate within the City. `Licensee mans any Person to whom the City grants a license to operate a Vehicle for Hire Service under this Article. "Limousine means a chauffeured motor vehicle, other than a taxicab, a van, a bus, or a touring vehicle, with a rated passenger capacity of not less than nine or more than 11 passengers. `Person means an individual, corporation, agency, trust, partnership, business entity, 2 or two or more persons having joint or common economic interest. "Shuttle means a van -type Vehicle that has a manufacturer's rated seating capacity of not less than seven passengers and not more than 15 passengers. "Taxicab means every Vehicle, whether it is identified or not as a taxicab as set forth herein, used for the transportation of passengers for hire over the public streets of the city, whether or not the operation extends beyond the city limits. Provided, the term Taxicab shall not apply to Limousines, Black Cars, or Shuttles. "Vehicle means a motor -propelled device that can be used to transport persons or property on a public street within the corporate limits of the City. "Vehicle for Hire business or service means providing transportation via chauffeured Vehicle for Hire to passengers for a fare or compensation. "Vehicle for Hire means every vehicle that is chauffeured that transports passengers over City Streets for a fare or compensation, including but not limited to Taxicabs, Shuttles, Limousines, and Black Cars. The term Vehicle for Hire shall not include: (1) Vehicles operated by a transportation authority or a transit authority in accordance with state or federal law; (2) Vehicles being used as ambulances.- (3) mbulances; (3) Vehicles rented or leased for self -operation by the person who drives the Vehicle, unless such a Vehicle is transporting persons for compensation; or (4) Any bus or shuttle service operated or subsidized by a governmental body, or non- profit corporation for the purpose of providing public transportation or providing rides to elderly or disabled clients. (5) A Transportation Network Company as defined in Texas Occupations Code Sec. 2402.001(5). "Sec. 5.11.003 Violations. "The violation of any of the provisions of this chapter constitutes a misdemeanor and shall be punished by a fine not to exceed five hundred dollars ($500.00) in accordance with section 1.01.009 of this Code of Ordinances. Offenses committed under this article are strict liability offenses, and the City need not either plead or prove any mental state at the trial of any violation brought under this chapter. Each and every violation shall constitute a separate offense. 3 "Sec. 5.11..004. License required. "(a) No person, firm, corporation, or other entity, excluding the City, shall be granted the privilege to use the public streets, alleys, or thoroughfares within the corporate limits of the City for the purpose of engaging in the business of operating a Vehicle for Hire without first having obtained a license from the City. Failure to obtain a license prior to operating a Vehicle for Hire within the corporate limits of the City shall be a violation of this chapter punishable as set forth in Section 10.06.003 herein. "(b) Each license issued by the City will contain the following provisions: "(1) That the right, privilege, and grant therein contained shall not be transferred or assigned by Licensee without first obtaining the formal action and written consent of the City Manager (or his designee) of the City of Paris, and any attempted assignment or transfer of said rights and privileges by the Licensee without first obtaining such consent and permission from the City Manager (or his designee) of the City of Paris shall operate, ipso facto, as a termination of the rights, privileges, and grant herein contained. "(2) That the Vehicle for Hire business operated or maintained under the license shall be used for the purpose of the transportation of passengers and the personal belongings of such passengers. "(3) That all automobiles or vehicles used in connection with the Vehicle for Hire business shall be maintained and operated in safe condition in accordance with the laws of the State of Texas and ordinances of the City of Paris and shall be currently registered with the Texas Department of Motor Vehicles at all times and be listed on the license. "(4) That the privilege to operate as a Vehicle for Hire Service granted under the License shall be limited to the vehicles listed therein. "(5) That each Vehicle for Hire shall be operated by a driver with a chauffer's license at all times during the activities covered by this Article and License. "(6) That the City of Paris, in granting this license, fully retains and reserves all the rights, privileges, and immunities that it now has under the law to fully use, patrol and police the public streets, alleys, and rights-of-way within the City, and the granting of this license shall in no way interfere with the rights of the City of Paris to fully use said streets, alleys, and rights-of-way for any other public utility or public purpose, nor shall this license in any way interfere with the City's right to improve or maintain any streets, alleys, or rights-of-way in the City of Paris, and the rights of the 4 Licensee herein to use said streets shall, at all times, be subservient to the right of the City Council of the City of Paris to fully exercise its rights or control over said streets, alleys, and public ways. "(7) That the Licensee shall, prior to the effective date of this license agreement, pay to the City of Paris, at the office of the City Clerk of the City of Paris, 150 1st Street S.E., Paris, Texas, in lawful money of the United States, a sum equal to $100.00 per vehicle used in the operation of said Vehicle for Hire business. This payment shall represent the license payment due the City of Paris and failure to pay said license fee when due may result in forfeiture of this license. No reimbursements will be made to Licensee if Licensee reduces the number of Vehicles for Hire during the license year. "(8) That the City of Paris expressly reserves the right to modify, amend, alter, change, or eliminate any of the provisions of this license, during the life of the same, for the following purposes, to -wit: (A) To eliminate or delete from the same such conditions as then prove obsolete or impractical; and, (B) To impose such additional conditions or requirements upon the Licensee as may be deemed necessary and reasonable, such conditions or requirements to be those as may be deemed necessary for the purpose of insuring adequate service to the public or protecting the health, safety and general welfare of the citizens of Paris. "(9) That, notwithstanding what may be said in any other portion of this ordinance with reference to the termination hereof, this right is granted subject to the provisions of Article I, Sections 17 and 26 of the Constitution of the State of Texas, all applicable state laws, City Charter provisions, and any other laws that may be enacted in the future by the Texas Legislature, or amendments to the Constitution and the Charter of the City of Paris. Furthermore, the City of Paris reserves the absolute right, upon notice and hearing, which said notice shall be given to the Licensee not less than ten (10) days before such hearing, to absolutely terminate this grant and license for any violation of the terms and provisions of this ordinance. "(10) That it shall be unlawful for Licensee, its agents or employees, while operating any Vehicle for Hire within the City of Paris, to cruise except when operating a permissible Hailing Service. Cruising shall consist of seeking, searching, or soliciting employment while operating an automobile for hire by repeatedly and persistently driving such automobile for hire up and down on the public streets of the City of Paris and offering accommodations thereof to prospective passengers, whether by signal, word of mouth, or by carrying a sign with the word "For Hire" 5 thereon, or some other word of similar import, or otherwise, or in any manner whatsoever operating said vehicle upon the public streets of the city of Paris for the purpose of soliciting passengers, or driving an automobile for hire upon the public streets while unoccupied by a passenger without having a fixed destination thereof. For the purposes of this Article, the operation of a Black Car vehicle for personal use unrelated to the operation of a Vehicle for Hire Service or the paid transportation of passengers shall not constitute cruising. "(11) That every Hailable Vehicle for Hire operated by Licensee under this License shall, at all times, have a painted, or otherwise permanently impressed upon the front doors thereof, easily visible signs bearing proper identification of the company operating under this License. All such vehicles shall be owned by and registered in the names of the Licensee, and no other vehicle may be used or operated by Licensee on the streets of the City under this License. Each such vehicle shall be registered with the City Clerk of the City of Paris by motor vehicle in numerical order, beginning with number 1, which number shall, at all times, be displayed at some convenient and visible location on the Vehicle. "(12) That Licensee shall, at all times during the effective period of this license, keep and maintain, in full force and effect, a policy or policies, of commercial automobile liability insurance coverage which fully meets or exceeds coverage in the following amounts: for each accident, personal injury coverage in the amount of $50,000.00 per person and $100,000.00 aggregate, and property damage coverage in the amount of $50,000.00. The commercial insurance policy shall also provide coverage for bodily injury to passengers and/or property damage and shall indemnify the City of Paris, its elected officials, officers and employees from and against any and all claims for damages, personal injuries, or property damages sustained as a result of the negligent operation of any motor vehicle by the Licensee, their agents or employees, and shall pay all premiums due thereon when due. Said policy shall also list the City of Paris, its elected officials, officers and employees as additional insured under the required coverage. It is expressly provided that such commercial insurance policy, or policies, shall, and must, be written and issued by a reputable insurance underwriter, or underwriters, authorized to do business in the State of Texas, subject to approval by the City Attorney of the City of Paris; and the Licensee, or their insurance carrier or carriers, shall deliver a copy of any 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 the effective period of this license. All such policies shall be written so that the City of Paris will be notified of cancellation or of any material change to the policies at least ten (10) days prior to the effective date of such cancellation or amendment. Notice shall be by certified mail, return receipt requested, addressed to the City of Paris c/o City Clerk, City of Paris, P. 0. Box 9037, Paris, Texas 75461-9037. C. "(13) The Licensee shall promptly respond to all claims filed against them for injury or damage to property arising from the operation of their Vehicles for Hire and well and truly pay directly to every judgment creditor who has been injured through the negligent operation of any motor vehicle by the Licensee, their agents or employees, or whose property has been damaged, any amount, or amounts, of money that shall have been awarded by final judgment of any court of competent jurisdiction against such Licensee on account of any such injury or damage. "(14) That in the event Licensee fails to provide the City with a current Certificate of Insurance with appropriate insurance coverage for all vehicles operated under this License and/or Licensee fails to fully discharge any claim for damages or injuries established by final judgment of a court of competent jurisdiction within sixty (60) days after the same has been so established, such failure shall constitute grounds for termination of this License. "(15) That in accepting this License, Licensee agrees that they shall not discriminate against or refuse business to any person on the basis of race, color, creed, sex, or national origin. Any proven violation of this section of the License may result in an immediate suspension or forfeiture of this taxicab License. "(16) That it shall be the duty of the City Manager (or designee) of the City of Paris, to enforce the provisions of this ordinance and all applicable regulations, which, when approved by the City Council, shall become binding upon the Licensee herein. The City Manager may adopt rules to enable the efficient operation of the administration of this Article. "(17) The City Council shall, from time to time during the term of this license, have the power and authority to promulgate effective regulations concerning the following, to -wit: (A) To make reasonable orders respecting character, extent, quality, safety and standard of service Licensee is to provide under this license; (B) To fix such rates for service to the public as are not in conflict with the express provisions hereof and as will provide for Licensee a reasonable and fair rate of return upon the fair value of the property used and useable in connection with the rendering of service to the public under this license; and, (C) To make such other rules and regulations as may be reasonably necessary to facilitate clean and professional Vehicle for 7 Hire business to be rendered to the public under this license, any such rules and regulations, when adopted, to be binding upon the Licensee herein. "(18) That Vehicles for Hire operated by Licensee under this License shall be stationed or parked at the principal offices of the Licensee, which principal offices shall be located on private property during hours in which said Vehicles for Hire are not engaged in the exercise of the privileges granted herein and during which a driver is not occupying the Vehicle; and in any event, no unoccupied Vehicle for Hire may be parked on any property other than at the principle offices of Licensee other than for normal, momentary breaks in operation of the Service. "(19) That the Licensee shall promptly pay all lawful ad valorem taxes and such other levies and assessments, if any, that may be lawfully imposed upon it. Failure to pay any of such charges, or either of them, shall be deemed a breach of the license granted herein, and the City, upon the happening of such event, may declare the rights of the Licensee hereunder forfeited for such breach. "(20) That this grant is made upon the express condition that the non- exercise of the power to regulate rates and charges which the Licensee may charge to the public in the operation of their business shall never be construed as an acquiescence or recognition of the justness or correctness of said Licensee's established rate, and that, so long as the City Council of the City of Paris does not exercise its legislative and governmental power to fix and regulate the rates that the Licensee shall charge to the public, the question of property values used and useful in the rendering of the service prior to rate regulation shall never stop the City from determining the real or actual value of property used or useful in rendering such service. If, and when, the City Council or other governing body shall exercise the power to fix the rates to be charged for such service in the City of Paris, no allowance in the way of said rate shall be made as compensation for any property used or consumed in rendering the service by the Licensee's for such service. If, and when, the City Council decides to regulate rates, then, at such time, the Council will fully exercise its rate regulatory power under the provisions of law applicable thereto, and the failure to provide under this ordinance the machinery for the administration, legislative, or executive control of such matter shall not preclude the Council from fully exercising that power and providing suitable provisions to enforce such power. "(21) That any unwarranted and intentional neglect, failure, or refusal of the Licensee to comply with any of the conditions and stipulations contained in this license shall thereupon immediately, ipso facto, effect a forfeiture hereof, and the City Manager or designee may, thereupon, declare this license forfeited and may exclude the Licensee from further use of the streets of the city under this license, and the Licensee shall thereupon and immediately surrender all rights in and to the same, and 8 this license shall become null and void and of no effect. "Sec. 5.11.005. Application for License; issuance of License; expiration; License not transferable. "(a) To obtain a Vehicle for Hire license, a person must submit an application on a form provided by the City Manager or the City Manager's designee. The applicant must be the person who will own, control, or operate the proposed Vehicle for Hire Service. "(b) The License application shall include the following information: (1) The applicant's name, address, and verified signature; (2) The form of business of the applicant, and, if the business is a corporation or association, evidence of the authority of the person signing the application to represent the business; (3) A description of all vehicles to be used by the applicant, including the vehicle type, capacity, vehicle identification number, and license number; (4) A certificate of insurance or other evidence establishing that the applicant has motor vehicle liability insurance or other proof of financial responsibility as required by law; (S) A certificate of insurance or other evidence establishing that the applicant has acquired, and shall during the terms of any License issued hereunder, insurance as required by Section 10.06.004 (b) (12) herein. (7) A statement and accompanying documentation in support of the public necessity and convenience for the issuance of the License. "(c) Each application for a License shall be accompanied by a non-refundable application fee of one -hundred ($100.00) for each vehicle to be used in the Vehicle for Hire business. "(d) Each Vehicle for Hire License shall expire on December 31St of each year, and may be renewed by making application as provided in this section. "(e) The License required by this section shall not be transferable. "Sec. 5.11.006. Revocation of License. "The City Manager or designee may revoke a License issued under this Article for failure of the Licensee to provide required information, for failure to maintain adequate insurance, for failure to pay fees, for making false statements on the application, or for failure to comply with this article. The revocation may be appealed to the city council if written notice of a request for hearing is given to the City Manager within ten (10) days of the receipt of the revocation order. The order of the City Council approving or disapproving the order of the City Manager shall be final." 01 Section 3. 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 4. 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 S. 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 6. That any person violating any provision of this ordinance shall be guilty of a Misdemeanor, and upon conviction, shall be subject to a fine in accordance with provisions of Sec. 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. PASSED AND ADOPTED on by the City Council of the City of Paris, in regular session on this the 22nd day of January, 2023. ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: 10 Reginald B. Hughes, Mayor Stephanie H. Harris, City Attorney 11 Item No. 28 TO: Mayor, Mayor Pro Tem & City Council Grayson Path, City Manager FROM: Celso Arrieta, IT Manager SUBJECT: Agreement with Claro Enterprise Solution for Microsoft 365 DATE: January 22, 2024 BACKGROUND: The FY23/24 Budget includes funding set aside for purchase and installation of Microsoft 365 for the City of Paris. This decision was prompted by the inadequacy of the current email solution, Exchange 2016, to meet the current needs of the City and the fact that the existing solution is on the verge of losing support from the manufacturer. STATUS OF ISSUE: In December of 2023, the City published a Request for Proposals for the implementation of Microsoft 365 in accordance with state procurement requirements. Proposals were received and opened on January 11, 2024 at 12:00 PM. The City received one proposal from Claro for the amount of $73,276.00. The proposal packet was complete and met the requirements set forth in the request for proposals specifications. This proposal was for a term of one year. The City currently uses Claro as a vendor for the SDWAN and UcaaS solutions and has found them to be a dependable and quality vendor with excellent customer service and support. The IT Department is very pleased with our relationship with Claro. BUDGET: This project was budgeted under two separate line items: 1) 01-0210-89-01 for licensing with a budget of $55,000.00, and 2) 05-0510-89-01 (CARES Funding) for the implementation with a budget of $43,000.00 (this contains several projects, of which this was one of). For the licensing portion of the bid, Claro's proposal for the annual expense is $49,980.00 which falls under line item #1 (within budget). For the implementation portion of the bid, Claro's proposal of $23,296.00 falls under line item #2 (within budget). The CARES Funding was utilized for the implementation portion of the project as it is a one-time expense, whereas the licensing is annual, thus it must fall under the General Fund. RECOMMENDATION: Staff recommends awarding the bid to Claro for $73,276.00 ($49,980 for licensing and $23,296.00 for implementation) and authorize the City Manager to negotiate a contract in accordance with the bid and to execute same. Item No. 29 Memorandum TO: Mayor, Mayor Pro Tem & City Council Grayson Path, City Manager FROM: Gene Anderson, Finance Director SUBJECT: ADOPT RESIDENTIAL SOLID WASTE COLLECTION RATES DATE: January 22, 2024 BACKGROUND: The City of Paris received two bids on July 10, 2023 to provide residential solid waste collection within the City. The City Council voted August 28, 2023 to award the bid to CARDS. STATUS OF ISSUE: In accordance with the winning bid, the City Council needs to adopt new residential rates for this service which is to begin February 5, 2024. The new rates are set forth in Exhibit A. These rates consist of the CARDS rate, City Admin and Landfill Fee, and City Street Use Fee. An excerpt from the Budget section of the 8/28/23 agenda memo has been included below as additional information for the City Council. BUDGET: The CARDS rate is set by contract. The City's Admin and Landfill fee and City Street Use fee were designed to cover City expenses that will remain after privatization of the trash service, per the contract, takes place. While the CARDS rate is set by contract, the City's Admin and Landfill fee, as well as the City Street Use fee should be re-examined every year as part of the budget process to determine if it is satisfactory to cover related costs. RECOMMENDATION: Move to adopt an ordinance setting forth new rates for residential solid waste collection within the City of Paris. Excerpt from August 28, 2023 Agenda Memo BUDGET.- Current UDGET: Current Solid Waste Rates — The City currently provides residential solid waste for $16.59 / month. We have not raised the rates in over 10 years, but instead have been "cannibalizing" the portion going to the General Fund that assists with street maintenance in order to balance the solid waste fund. In the Proposed FY23/24 Budget, this amount is being dropped from $210,000.00 to $70, 000.00 which follows a similar trend in recent years. Should the City continue with its residential trash service, rate increases will be inevitable for FY24/25 as it is foreseen that the trend for increase in solid waste costs will not only consume the remaining portion still going to the General Fund, but require more funding. Those rates have not been calculated. CARDS Rates — CARDS is indeed the lower rate for residential pickup as well as overall lower matrix for commercial dumpster. Lynn Lantrip will provide details on these rates in the presentation. City of Paris Administrative and Landfill Fees — Pursuant to the bid and contract, while commercial solid waste will be billed by the third party provider (CARDS), the City will continue to bill for residential solid waste. The primary purpose behind this is to ensure compliancy with payment by connecting the bill to the overall utility bill for disconnect purposes. With this, so as to prevent the Water and Sewer fund from subsidizing administrative time and expense (labor, postage, software fees, etc.) tied to providing this service to our solid waste customers, an administrative fee must be applied. We will also continue to have a city employee who, among other duties, will act as a municipal liaison with the company and citizens. Our contract has numerous terms and conditions that must be monitored and managed on a routine basis (not full- time, but still regularly), which will be delegated to Edwayne Samis who will serve in this liaison role. A portion of his salary should therefore come from solid waste revenue instead of General Taxes or Water/Sewer Fund. Likewise, the City's current solid waste fund is supporting several expenses that will continue on even after outsourcing is complete. First, the City has a long-term contract for residential solid waste at the Blossom Landfill. The City enjoys tremendous rates through this contract, therefore CARDS will deliver the trash to the landfill and the landfill will continue to bill the City for payment (CARDS' rate is strictly pickup and delivery, it does not include landfill service fees), which is estimated to be approximately $350k due to historical data. Second, the City is continuing to work through TCEQ post -closure procedures of the old municipal landfill on north Stillhouse Road. This is strictly a solid waste expense, and therefore the revenue should continue to come from solid waste users, which is typically budgeted at $100k each year. In total, we estimate needing approximately $530k annually (likely to incrementally increase over time) to cover these costs. At this time, given the average number of accounts we have, we estimate needing approximately $5.82/month/account to cover our estimated costs, to which we are recommending rounding up to $6.00/month/account. This figure can change at any time by future City Councils should we determine it to be more than enough or, not enough. However, our recommendation is indeed $6.00/month/account (residential). City Staff will re-examine this figure again as part of the FY24/25 Budget process in 2024. City of Paris Street Use Fee — The City currently charges an 11 % Street Use Fee to its commercial solid waste providers. We recommend that this continue as it too is a significant revenue stream to the General Fund that helps subsidize street maintenance. Likewise, as the City has typically transferred a portion of its residential solid waste revenue to the General Fund to assist with street maintenance, we recommend that this continue and therefore an equivalent 11 % Street Use Fee be applied to residential accounts. Heavy trash truck weight has a negative impact to roadways and therefore this service to our citizens should help payfor the maintenance to these roads instead of applying it against property taxes. This too can be re-examined by future City Councils and changed at any time. City Staff will likewise re-examine this figure again as part of the FY24/25 Budget process in 2024. In total, if we apply the CARDS residential rate, City Administrative and Landfill Fee, and Street Use Fee, we have thefollowing: New Rate - Residential Monthly CARDS $ 10.29 City Admin and Landfill Fee$ 6.00 City Street Use Fee (11%) ................ $....... 7.....1. 9 Tota 1 $ 18.08 *Plus applicable tax This represents a $1.49/month increase to residential customers. We were unable to collect commercial dumpster information from Sanitation Solutions / Waste Connections prior to the bid for comparison purposes. Speaking with our consultant, as well as speaking with another community who has gone through a bid process within the last four years, our overall rate is very competitive as many are paying $20+/month. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING SECTION APPENDIX A, "FEE SCHEDULE," ARTICLE A10.000, "UTILITY RATES AND CHARGES," §A10.010, "RESIDENTIAL SOLID WASTE COLLECTION," AND REPEALING §A10.011, "PICKUP OF BRUSH OR BULKY WASTE," OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on August 23, 2023, after conducting a request for proposals process compliant with state law, the City Council of the City of Paris, Texas awarded a contract for solid waste collection, including residential solid waste collection, to CARDS Dallas, LLC; and WHEREAS, CARDS will assume city-wide residential solid waste collection on February 5, 2024; and WHEREAS, residential solid waste collection rates for both regular and bulky waste and brush will from that date forward be determined by said contract between the city and CARDS;and WHEREAS, City Council wishes to repeal an existing monthly seventy cent ($0.70) additional fee dedicated to funding the purchase of new sanitation equipment; and WHERAS, in order to cover the city's administrative and landfill costs and to compensate the city for the additional wear and tear on city streets occasioned by the --operation of heavy truck traffic occasioned by solid waste collection, it is necessary for the city to collect an administrative and landfill fee, and a street use fee in addition to the rates charged by CARDS; and WHEREAS, the current fee schedule for residential solid waste collection rates should be revised accordingly; 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 and are incorporated herein for all purposes. Section 2. That Appendix A, "Fee Schedule," Article A10.000, "Utility Rates and Charges," §A10.010, "Residential Solid Waste Collection," of the Code of Ordinances of the City of Paris, Texas, be, and the same is hereby amended to read as follows: -1- "§ A10.010 Residential solid waste collection. "(a) Monthh, rate., The rate for the collection and removal of garbage, rubbish, and brush for each residential unit using or occupying any building, house or structure or part thereof for residential purposes shall be f4teen doliaFs and eighty nine cents ($15.89) pei Enonth, plus tax: determined by contract _between the cit aaaand a third., - part solid -waste collection, contractor and shall .wbe subject_,! l:)eriodic increases as nrovided._for bd contract and shall be collected by the city. «(b) Additienqloe-. An additional fee ef seventy cents ($0.70) per menth shall be charg to each. re-sidential aceauntto fund -the -purchase -o€ new sanitatie�^ Administrative and landil!'ee An additional fee of six dollarsm 06.00 ger month shall be char2edmmto each residential account to cover the...cily's administrative and landfill costs accei as set forth in.sMbsection ard). c .... Street„use 'ee. An additional monthly fee of 11° of the total of the_.monthl rate and administrative and landfill, fee shall be char ped to each residential account as.�a street use fee. (cd) Customers outside cid:v limits. The schedule of rates and charges The administrative and landfill fee set forth in subsection bbl shall be twelve dollars ($120QJ-for residential customers of the city that are located outside the corporate limits of the city. shall be double the rates-spec-iffed in subsection rabove.'-' Section 3. That Appendix A, "Fee Schedule,” Article A10.000, "Utility Rates and Charges, §A10.011, "Pickup of Brush or Bulky Waste," is hereby repealed in its entirety. Section 4. 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 5. 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 6. 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 7. That any person violating any provision of this ordinance shall be guilty of a Misdemeanor, and upon conviction, shall be subject to a fine in accordance with provisions of Sec. 1-6 of Chapter One of the City of Paris Code of Ordinances, and each and -2- every day's continuance of any violation of the above -enumerated sections shall constitute and be deemed a separate offense. Section B. That this ordinance shall become effective from and after its passage and publication as required by law. PASSED AND ADOPTED this 22nd day of January, 2024. ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney -3- Reginald B. Hughes, Mayor