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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, May 13, 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 the team winners of the "Don't Mess with Texas Trash Off' held on April 13, 2024. 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 April 22, 2024. 6. Receive reports and/or minutes from the following boards and commissions: a. Paris -Lamar County Board of Health (2-20-2024) b. Paris Visitors & Convention Council (3-18-2024) c. Paris Economic Development Corporation (3-19-2024) d. Building & Standards Commission (3-18-2024) e. Paris Public Library Advisory Board (3-20-2024) 7. Approve the Final Plat of the Grace Bible Church Addition CB 307, Lot 1, Block A, LCAD 53708, located in the 1300 Block of N. Main. 8. Approve the Final Plat of the Cultiv8 Addition No. 1 CB 33-A, Lot 1, Block A, LCAD 13878, located in the 1300 Block of E. Houston. 9. Approve the Final Plat of the Cultiv8 Addition No. 2 CB 32-13, Lot 1, Block A, LCAD 13832, located in the 100 Block of NE l Otn 10. Approve a Resolution approving a Letter of Interest to the Texas Department of Transportation Aviation Division as to Infrastructure Investment and Jobs Act (IIJA) Funding for a new Fuel Farm at Cox Field Airport; authorizing the City Manager to execute same; and authorizing a cash match for the Project. 11. Approve a Resolution authorizing Grant Works as the City's Professional Service Provider for the Hazard Mitigation Assistance Program(s) funded through the Texas Division of Emergency Management (TDEM) and/or Texas Water Development Board (TWDB). 12. Approve a professional services agreement with MTG Engineers for the 1St St. SE Revitalization Project in an amount not to exceed $64,750.00; and authorize the City Manager to execute all necessary documents. 13. Approve a professional services agreement with Jason Hart Engineering, PLLC for the services related to structural engineering for the Grand Theater Project in the amount of $29,350.00; and authorize the City Manager to execute all necessary documents. Regular Agenda 14. Discuss and act on a Resolution Canvassing the Returns for the General Municipal Election held on May 4, 2024, for Council District 2; Declaring the Winner in said Election; Acknowledging the Results of Prior Council Action Declaring the Candidates as Elected to Office for Council Districts 1, 3 & 6, as a result of having been Unopposed for Election to Office; Declaring the Terms of Office; Making other findings and provisions related to the subject; and providing an effective date. 15. Recognition of outgoing Council Member Clayton Pilgrim for his service. 16. Issuance of Certificate of Election; Administer Statement of Elected Officer to Council Members; and Administer Oath of Office to newly elected Council Members. 17. Election by City Council of Mayor and Mayor Pro -Tem to serve the City of Paris for the next year. 18. Discuss, conduct a public hearing, and act on an Ordinance Amending Zoning Ordinance No. 1710 of the City of Paris, Texas, to allow a Specific Use Permit (SUP) for a Tattoo Shop in a Planned Development District (PD) in the SSLA COMMERCIAL ADDITION, LOT PT OF 1, LCAD NO. 18789, LOCATED AT 2775 N.E. LOOP 286. 19. Discuss, conduct a public hearing, and act on a Resolution application for an extension of a Motor Vehicle Crime Prevention Authority (MVCPA) Grant for continuation of the North East Texas Auto Theft Task Force; approving a cash match from the City of Paris in connection with said Grant extension; authorizing the execution of any and all documents necessary for acceptance and implementation of said Grant. 20. Discuss and act on an agreement with Paris Texas Pickleball for funding of construction of pickleball courts at the Sports Complex. 21. Discuss and act on an agreement with ProTech for construction of pickleball courts at the Sports Complex. 22. Discuss hiring and retaining of Paris Police Officers and provide direction to Staff. 23. Discuss options for the Belford Building vacant site as to retaining the property, selling the property or development of the property; and provide direction to Staff. 24. Discuss and act on a Key to the City Policy, and select a third Council Member to join the Mayor and Mayor Pro -Tem as a selection and award committee. (prior to discussion, a motion to remove this item from the table is required) 25. Discuss and consider a draft amendment to the City's Zoning Ordinance Section 9 B-10-111, "Use of Parking Areas," and request the Planning and Zoning Commission review and consider making a recommendation to the City Council." 26. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081.. 27. 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 May 10, 2024. Janice Ellis, City Clerk S )ecial 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 or jell is(aparistexas.gov for assistance. Item No. 5 MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS April 22, 2024 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, April 22, 2024, at the City Council Chamber, 107 E. Kaufrnan, 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; Todd Mittge, City Engineer; Thomas McMonigle, Fire Chief; M.A. Smith, Public Works Director; and Clyde Crews, Fire Marshal Openin2 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. Carolyn Williams, 44' Street — she said she had an issue with mowing her lot and the City mowed a lot that was not her lot, and charged her but she did not have to pay it. She also said it was not right to have to give your social security number to the police. Consent Agenda 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 Regular Council Meeting April 22, 2024 Page 2 made by Council Mayor Pro -Tem Pankaj and seconded by Council Member Savage. Motion carried, 7 ayes — 0 nays. 5. Approve minutes from the meetings of March 25, 2024 & April 8, 2024. 6. Receive reports and/or minutes from the following boards and commissions: a. Love Civic Center Quarterly Reports b. VC& C Quarterly Reports c. Tax Increment Reinvestment Zone (TIRZ) Board (3-28-2024) d. Historic Preservation Commission (3-13-2024) e. Paris -Lamar County Board of Health (2-20-2024) 7. Receive March monthly financial report. Receive March drainage report. 9. Receive demolition and code enforcement activity reports. 10. Approve the Final Plat of the Troy Jones Addition, Lot 1, Block A CB 134, LCAD 16186, 16187, 16188, located in the 600 Block of W. Sherman. 11. Approve the Final Plat of the Harper Industrial Addition, Lot 2, Block A, LCAD PT of 70702, PT of 71910, 111478, located in the 2500 Block of S. Church. 12. Approve Change Order No. 3 with Lloyd D. Nabors Demolition for the Belford Demolition Project, increasing the amount of $7,500.00 for leveling of the north wall. 13. Award the bid and approve an Agreement for Concrete Demolition and Construction services with Pridemore Construction in the amount of $368,490.00; and authorize the City Manager to execute all necessary documents. 14. Approve RESOLUTION NO. 2024-021: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE AWARD OF PROFESSIONAL SERVICE PROVIDER(S) CONTRACTS FOR THE 2023 DRP/MS PROGRAM FROM THE TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT (TxCDBG) FUND; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT AND DECLARING AN EFFECTIVE DATE. 15. Approve the expenditure of TIRZ Funds to hold an educational training conducted by the Texas Comptroller's Office to the TIRZ Board. Regular Council Meeting April 22, 2024 Page 3 Reular Aenda 16. Presentation of awards to the Police Department, Fire Department and EMS Department recognizing exceptional service. Tom Milson, current president of the Red River Chapter Texas Sons of American Revolution gave a background of the non-profit non-partisan organization dedicated to promoting patriotism, preserving American History and teaching American History to future generations. He said part of their activities included honoring members of the local Police, Fire and EMS Departments for outstanding service. Mr. Milson said tonight they would be honoring thirteen individuals who were nominated by Police Chief Salter and Fire Chief McMonigle. Fire Chief McMonigle presented a Fire Safety Award to Captain Drew Boren and an Emergency Medical Services Award to Deputy Chief Kellie Newman. Police Chief Salter called upon Captain Thompson to read the citation about Sergeant Dustin Calhoun who received the Law Enforcement Award presented by Chief Salter and Captain Thompson. Chief Salter asked Captain Thompson to read the citation prior to presenting the Law Enforcement Award to Detective Lieutenant Leigh Foreman. Captain Bull read the citation for the life safety award and Chief Salter presented it to Dispatchers Robin Cannon and Supervisor Courtney McIntyre. Next, Captain Thompson read the citation for the life safety award for Patrol Officers Coner Darnell, Jeremy Helms, Luiz Paxton and Lieutenant Shane Stone and Chief Salter presented the awards. Captain Thompson read the citation for life saving and heroism with the awards being presented by Chief Salter to Patrol Officer Jeffery Rico. Captain Bull read the citation for Bronze Good Citizenship with Chief Salter presenting the awards to Dispatchers Marina Helms and Erin Jusseaume. Council Member Savage said he hoped to see these types of awards every year, because most people did not understand the details of what these departments do. He expressed appreciation for their service to the community, as did the other Council Members. 17. Receive presentation of the Police Department racial profiling annual report. Police Chief Salter reported that Article 2.132-2.134 of the Texas Code of Criminal Procedure required the annual reporting to the local governing body on data collected relative to motor vehicle stops in which a ticket, citation, or warning was issued, and/or arrests resulted from those stops. He said that Dr. Eric Fritsch and Dr. Chad Trulson with Justice Research Consultants, LLC was retained to prepare the 2023 Racial Profiling Report based on raw statistical data supplied by the Paris Police Department. Dr. Eric Fritsch presented the 2023 Racial Profiling Analysis beginning with the Paris Police Department Policy on Racial Profiling, the department's training and education on racial profiling and the department's complaint process and public education on racial profiling. Next Dr. Fritsch gave Comparative Analysis #1, Comparative Analysis #2, Comparative Analysis #3, Comparative Analysis #4, and additional information required to be reported to TCOLE. In summary, Dr. Fritsch stated the analysis reflected that the Paris Police Department was fully in Regular Council Meeting April 22, 2024 Page 4 compliance with relevant Texas laws concerning racial profiling, including the existence of a formal policy prohibiting racial profiling by its officers, officer training and educational programs, a formalized complaint process, and the collection of data in compliance with the law. Dr. Fritsch answered questions from Council Member Savage. 18. Receive presentation regarding the work performed by the ad-hoc Downtown Traffic Committee in 2023 for the purpose of implementing traffic softening measures. City Manager Grayson Path said in January 2022, the City did a partnership with TxDOT for the purpose of a 90 -day STOP Sign Study in the Downtown Plaza to determine whether electronic signals could be replaced with static stop signs. He also said after analyzing the data and surveys, that TxDOT determined that static stop signs would not be allowed. Mr. Path explained that the next step taken was temporary electronic speed indicators which did soften speeds through downtown. Mr. Path said the committee explored several other topics. Mr. Path said the committee has recommended that electronic speed signs be purchased and installed at several of the entrances where the greatest impact was seen. He also said these signs were expensive and would need to be a budgetary capital request for the upcoming budget cycle. 19. Discuss and act on cancellation of the second meeting in May due to Memorial Day Holiday, and possibly select another meeting date. City Clerk Janice Ellis informed City Council that their second scheduled meeting in May fell on the Memorial Day Holiday on May 27th. She said staff recommended cancellation of that meeting but they had an option of rescheduling it for another date in May. A Motion to cancel the May 27 City Council meeting was made by Council Member Savage and seconded by Council Member Norment. Motion carried, 7 ayes — 0 nays. 20. Discuss and act on a Key to the City Policy, and select a third Council Member to join the Mayor and Mayor Pro -Tem as a selection and award committee. City Manager Grayson Path explained that granting the Key to the City was a symbolic presentation which represented the highest honor that the City could confer to an individual or organization for outstanding civic contributions. He said that City still had 17 keys remaining in storage. Mr. Path said that he, the Mayor and Mayor Pro -Tem had worked on the policy and requested that the Mayor, Mayor Pro -Tem and another Council Member serve on a committee for the purpose of deciding who should be awarded a Key to the City. He explained that it would remain confidential until the public surprise announcement at the Lamar County Chamber of Commerce annual banquet. Mr. Path asked that the Council discuss the proposed policy including any edits, approve and consider selecting a third Council Member to serve on the committee so they could begin the process of identifying candidates for the Key to the City award. Regular Council Meeting April 22, 2024 Page 5 Council Member Savage said the history of giving a Key to the City was to welcome those coming from out of town into Paris, such as a dignitary guest. He also said that citizens were given awards. Mayor Hughes said he understood the meaning of the Key to the City. Council Member Savage said giving a Key to someone such as Prince Harry would be impactful. Council Member Pilgrim said if a company celebrated 100 years in business, then they might want to give them a Key but that he also understood what Council Member Savage was referencing. Mr. Path said it would be an annual award of the key at the Lamar County Chamber Banquet. Council Member Savage said they could create a citizen award of the year and not give a Key to the City to a citizen because a citizen came and went into the City. Council Member Norment said she thought they could do both. Council Member Savage said since they did not have to do this at the moment that maybe, they should review the policy and come up with something different. Mr. Path said he could bring back some alternative language with regard to the eligibility section. Council Member Savage asked if he could send it to the City Council in advance and Mr. Path answered in the affirmative. Council Member Norment suggested taking out the annual part and that giving of the key be impactful. A Motion to table this item was made by Council Member Savage and seconded by Council Members Norment and Pilgrim. Motion carried, 7 ayes — 0 nays. 21. Discuss and act on RESOLUTION NO.2024-022: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AMENDMENTS TO THE BYLAWS OF THE PARIS ECONOMIC DEVELOPMENT CORPORATION REMOVING TERM LIMITS FOR MEMBERS OF THE BOARD OF DIRECTORS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. PEDC Director Maureen Hammond explained the current Bylaws restricted board members to only two consecutive three-year terms and the policy review committee recommended to remove this limitation, permitting board members who have served a full term to qualify for additional terms. Ms. Hammond said the PEDC Board met on March 19`x' and unanimously approved an amendment to the Bylaws removing the term limits to serve on the Board. Board Member Mark Homer added that a term limit should be much like that of a County or State Office, not by Statute but by a vote. He explained the importance of continuity when working on economic development projects and the fact that some could take several years to completion. Council Member Pilgrim added that continuity was huge and referenced several project in which it took three to five years to complete. A Motion to approve the amendment to the PEDC Bylaws was made by Mayor Pro -Tem Pankaj and seconded by Council Member Pilgrim. Motion carried, 7 ayes — 0 nays. 22. Discuss and act on RESOLUTION NO. 2024-023: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, WAIVING INTEREST ON A DANGEROUS STRUCTURE ABATEMENT LIEN ON PROPERTY DESCRIBED AS CITY OF PARIS BLOCK 39, LOT PT 2, LOCATED AT 239 N.E. 2ND STREET; MAKING OTHER FINDINGS AND PROVISIONS; AND DECLARING AN EFFECTIVE DATE. Regular Council Meeting April 22, 2024 Page 6 Mr. Path explained the City of Paris demolished a dangerous structure located at 239 Ne 2nd Street in June of 2006, and applied a lien against the property on September 1, 2006, in the principal amount of $1,350.30. He said the lien continued to exist on this property since that time. He also said that taxes had been paid and any other nuisance violations that may have occurred had also been paid. Mr. Path stated that Jeff Faber is listed as the owner and took ownership on February 5, 2024. Mr. Path said accumulated interest was approximately $5,885.87 and the value of the property according to LCAD was $2,010.00. Mr. Path said it was his recommendation that the City Council require payment of the principal amount of $1,350.30 and it was a Council decision as to waive or not waive interest. Following discussion by the City Council, a Motion to require Mr. Faber to pay the amount of the lien and one-half of the interest was made by Council Member Pilgrim and seconded by Council Member Savage. Motion carried, 7 ayes — 0 nays. 23. Discuss and approve an additional $72,600.00 to be sent to TxDOT for the Runway and Taxiway Rehabilitation Project scheduled to start early summer of 2024. Airport Manager Paul Strahan said for the past few years the City had budgeted to provide the 10% match with TxDOT to complete a resurface project on the runway and taxiway at the airport. He explained the City had budgeted and sent the funds to TxDOT but since then had been informed the project was delayed for an entire year which resulted in an increase in the cost of the entire project. Mr. Strahan explained the original amount paid was $275,000.00 and the amount the City needed to send to TxDOT was $72,600.00 which represented the City's 10% requirement for a total of $374,600 and would come from the City's ARPA Funds. He also said if bids come in higher than the estimated amount, it was possible that more funds would be needed to cover the 10%. He said City Staff recommended approval of an additional $72,600.00 be sent to TxDOT for this rehabilitation project scheduled to start early summer of 2024. A Motion to approve this item was made by Council Member Savage and seconded by Council Member Norment. Motion carried, 7 ayes — 0 nays. 24. Discuss and act on ORDINANCE NO. 2024-016 amending Appendix A, "Fee Schedule, "Section A3.002, "DEVELOPMENT AND GENERAL CONSTRUCTION AND PLANNING PERMIT FEES," OF THE CODE OF ORDINANCES OF THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, AND A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. Deputy City Manager Rob Vine explained that the purpose of these fees was to offset public tax dollar expense directed towards development projects in town, and keeping the fees reasonable. He said staff had reviewed the fees and recommendations included increase of some fees, decrease of some fees and deletion of other fees. Mr. Vine said the ordinance before Council was the recommendation of Staff. Regular Council Meeting April 22, 2024 Page 7 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. 25. Convene into executive session pursuant to 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. Mayor Hughes convened City Council into executive session at 7:19 p.m. 26. Reconvene into open session and possibly take action on those matters discussed in Executive Session. Mayor reconvened City Council into open session at 7:30 p.m. and said there was no action to be taken. 27. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. Mayor Hughes reminded everyone of the Council reception for Council Member Pilgrim on Thursday from 4:00 p.m. to 6:00 p.m. Council Member Savage reminded everyone of Coffee with Cops on Thursday from 3:00 p.m. to 5:00 p.m. 28. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Savage and seconded by Council Member Pilgrim. Motion carried, 7 ayes - 0 nays. Mayor Hughes adjourned the meeting at 7:31 p.m. REGINALD B. HUGHES, MAYOR JANICE ELLIS, CITY CLERK Item No. 6 Paris—Lamar County Health District 400 West Sherman Street, Paris, Texas 75460-5646 Health District: (903) 785-4561 and Fax: (903) 737-0978 Women, Infant and Children (WIC): (903) 784-1411 and Fax: (903) 784-1442 I "� �a� )oarirnr d����,17rri,o�h�,oGWk?.,;°, Paris -Lamar County Board of Health Regular Meeting The Paris -Lamar County Board of Health held a regular session on Tuesday, February 20th, 2024. Board Member's Name- In Attendance Not in Attendance _.� ......_� Ms. Susan Bellene x Ms. Susan Davis x Dr. Bart Hays x Dr. Amy Hughes x Dr. Myers Hurt III x Ms. Mitzie Pirtle x Dr. Russell Putnam x Others in Attendance were - Gina Prestridge, Executive Director x Cheryl King, Administrative Assistant x Dr. Hurt called the meeting to order in open session at 5:28 p.m. Susan Davis made a motion and was seconded by Susan Bellene into open session. Motion carried. 5 yays, 0 nays. Susan Davis made a motion and was seconded by Susan Bellene to approve prior meetings minutes. Motion carried. 5 yays, 0 nays. Mitzie Pirtle made a motion and was seconded by Susan Bellene to sign the engagement letter for Audit Service with Lori Cannon, CPA. Motion carried. 5 yays, 0 nays. Gina Prestridge informed the board that she has hired Alison Thrasher for the EPI opening. Alison worked for the Paris -Lamar County Health District during the Covid Epidemic and then worked for Collin County. r!m!! aii!na 4,IIiiilauuiuit Elii)a d IIID' IIII � �" bei1"s ..... ....... .._ .. ,.m.. Chai� .w W',.aa.�.w. m.,a;,zd .r.a, Fh.,v �lW;�."!�-Chid��",�`�MStlIw�n D 5I1, d. @"gym ItIL�V 't �"'",�'�M�"W ����W'".'"��hi!L II°�IIW�PVuN �"�'�ri y ��"�� III 1V ra mni,. pcotu :",u.w See�N"etaW;.p —SusMffi.: eene4'm,�srovan- nm,n'wj IMmtzarm'3[1111IIWt��u riu�r.+�rv�ara�A�r:oxr,n-au,xa➢,� v Sno:zrr �+_. r�r,ati-ru,,,�.u,„ Dr. III13artIIIlUiy,�ili�na � ,r:,7 vn�irtlju . VIII !�"i�.11l'��.�m0. hW �w•. a��'W III III WII V, WIVI";pmt, iei,d^!a�, rre,�, ira�u-�'�a�wt, Susan Bellene made the motion and was seconded by Susan Davis for Dr. Hurt Myers, III, to sign the Policies and Procedures/Contracts/Manual form. Motion carried. 5 yays, 0 nays. Susan Bellene made the motion and was seconded by Susan Davis for Dr. Hurt Myers, III, to sign the Annual Evaluation forms for Dr. Amanda Green, Medical Director, and Gina Prestridge, Executive Director. Motion carried. 5 yays, 0 nays. The board decided to table the Certificate of Deposit approval letter for First Federal until the next meeting. Susan Bellene and Mitzie Pirtle reviewed and approved the First Federal bank statements ending in: • September 2023 • October 2023 • November 2023 • December 2023 • January 2024 Gina Prestridge advised that the Paris -Lamar County Health District total liabilities and equity is approximately $3,000,000. Next quarterly meeting will be either Monday, April 15, May 20, or June 17, 2024 @ 5:30 p.m. Susan Bellene made the motion and was seconded by Susan Davis for the meeting to be adjourned at 5:54 p.m. Motion carried. 5 yays, 0 nays. Respectfully submitted by: ch"kit ICS At the April 15", 2024, Board of Health Meeting, Dr. Amy Hughes made the motion and was seconded by Dr. Myers Hurt III for the PLCHD board approved February 20, 2024 minutes to be submitted to theit Clerk ,Cin the City Hall Annex, located at 150 S.E. 1" Street, Paris, Texas, for filing. Motion carried 6 ysys and 0 nays. Paris - LatYli atl° Comilty l31oard of fl afth Men°uilie aldfi'rman .W. waweV lliimtlIalll fir„rru„vrax'„^u rrH”"M 1174X chail"InioY",y '[Ilglf", m,yel''s t"hir't: 1111111 112cu zva ""'.y ea"ni.H"A» Secretary Susan 11130ene as .,rwas�g SIIusaln DavisDr. V'.Ytl11ny lkwhies fV121Dr. Mwt I'Ia.'rs (ara <.xt�,,aur. ra. i'i.z.aia MINUTES OF THE PARIS VISITORS AND CONVENTION COUNCIL MEETING OF THE CITY OF PARIS, TEXAS March 18, 2024 The Paris Visitors and Convention Council of the City of Paris met for a regular session at 4:00 p.m. on March 18, 2024, at the Lamar County Chamber of Commerce board room, 8 West Plaza, Paris, TX. Present: Board Members: Bradley Hilliard, Ryan Whitaker, Chadlee Johnston, Thomas McMonigle, Trey Glascock, Bryan Hargis, Brittany Miller, Monica Clement, Cody Head, Misty Halcomb and Sherrie Holbert. City Representatives: none Absent: Board Members: Tim Walsworth, Bud Mistry, Eric Guillot Call meeting to order. Chadlee Johnston called the meeting to order at 4:00 p.m. 2. Citizens' Forum. There was no one present for the citizen's forum. 3. Approve minutes from the meeting of February 2024. A motion to approve was made by Brad Hilliard seconded by Cody Head. Motion carried. 11 ayes, 0 nays. 4. Receive financial report from February 2024, by Paul Allen. A motion to approve was made by Misty Halcomb, seconded by Monica Clement. Motion carried. 11 ayes. 0 nays. 5. Discuss and act on funding request for `Eiffel in Love with Quilts" on May 101 and 11th. Based on the scoring criteria a motion to approve $2450 was made by Trey Glascock, seconded by Cody Head. Motion carried. 11 ayes. O nays. 6. Discuss and act on funding request for Red River Valley Veterans car show on June 81 and 91. Based on the scoring criteria a motion to approve $2150 was made by Misty Halcomb, seconded by Thomas McMonigle. Motion carried. 11 ayes. O nays. Paul Allen stated that he had pulled a pacer report for Rocket Raceway, over 3000 came and stayed in six hotels, five retail and fourteen restaurants. Eclipse and Kevn Fowler Concert on April 7-8, we are having Trinity Black Car service shuttle people from PJC, if needed. The spots to park at the civic center are $20. Kayak Adventure will be held in April 2025. Adjournment. There being no further business, A Motion to adjourn was made by Board Member Bryan Hargis, seconded by Board Member Chadlee Johnston. Motion carried, 11 ayes — 0 nays. Chadlee Johnston, Paris Convention and Council Board Chair adjourned the meeting at 4:12 p.m. Chadlee Johnston, Paris Visitors and Convention Council TEXA,S Ili°I11i�Fp,1�;'. e�llIJVY7(lt;o; EJ/fl�lli�,.'�"%'!!/f�f(Yl,,fi", PARIS ECONOMIC DEVELOPMENT CORPORATION MONTHLY MEETING Paris City Council Chambers 107 East Kaufman St. Paris, Texas 75460 Tuesday, March 19, 2024 5:30 P.M. MINUTES Board Members Present: Josh Bray, Chairman Curtis Fendley, Vice Chairman Chase Coleman, Secretory/Treosurer Stephen Terrell Erik Roddy Mark Homer Ex -Officio Members Present: Mihir Pankaj, Mayor Pro Tem Robert Vine, Assistant City Manager Brandon Bell, Countyludge Clayton Pilgrim, City Council Liaison Staff Present: Maureen Hammond, Executive Director Lauren Trejo, Economic Dev. Specialist Adam Cawthon, Executive Assistant Legal Council: Casey Gain, PEDCAttorney Guest(s) Present: Paul Allen, Lamar Co. Chamber President Mary Madewell, The Paris News Brittany Martin, McClanahan & Holmes Samantha Cooper, McClanahan & Holmes Call to Order Chairman Josh Bray called the monthly board meeting of the Paris Economic Development Corporation to order at 5:30 p.m. on Tuesday, March 19, 2024. Invocation Mr. Terrell gave the invocation. Welcome and Opening Remarks Chairman Bray opened by expressing appreciation to everyone in attendance. Citizens' Input Chairman Bray invited those present to speak during the Citizens' Input. No one came forward, and Chairman Bray closed citizens' input. Page 1 of 5 r i f I I I f 11 1 i t I 1 f 1 1 1 f ( ( f f f f I l ! I 1 ! 1! ( I l 1 1 l 1 J ! 1 1 U ( 1 I .l 1. I! V JU 1., J SII OIIV 11�U 1 1 ! 1 l III l l 1l� 1 f 1 1I 1 I !,!111!1 ffD JJlll I� .11,.JlJl,,l 111. !tl II V.0111IPi1�11,1 �', 11 I 1 !� U I f l ll � �, �1J11 l lUllllllll �l„/,%I%lll fl!!!!( /%(I(�U1J�Jl 1rJJJJJJ,yJJJJ,.JIJ�JJ�1 lI(1>u IJ„!ti/f(/,/�1�Uilal �!1�1�J11 ,IJI 1� IIJ� IIII Il! [f1,J1� II 111 11 rI l� a 1',11. l 1 I! , ( II � I I� I� I t (� f I I 1 1 I I�IhIIII�IIIIIIIOi�lID1�11011111'nn� ,� ., � I �4�i�lill'/iii°' il�lu �rlr�'Y r � 11°11�G 1/„Y�l/Ii11 �;�r„r�,lY Discuss and Consider Aeproval of the Februa 20 2024 Meeting Minutes Chairman Bray presented the February 20, 2024, meeting minutes for review and discussion. Mr. Fendley made a motion to approve the minutes as presented. Mr. Roddy seconded the motion. Vote: 6 -ayes to 0 -nays Discuss and Consider Approval of the March 6 2024 S ecial Meeting Minutes Chairman Bray presented the March 6, 2024, special meeting minutes for review and discussion. Mr. Terrell made a motion to approve the minutes as presented. Mr. Coleman seconded the motion. Vote: 6 -ayes to 0 -nays Discuss and Consider Approval of the February 2024 Financial Statements Secretary and Treasurer Chase Coleman presented the approved financial reports ending February 29, 2024. Total assets were reported to be $9,989,818. Mr. Coleman noted that this total primarily consisted of cash and real estate holdings in the industrial park. Total liabilities were reported to be $2,193,610, leaving the PEDC with a total net position of $7,796,208. Mr. Coleman continued with the income statement for the month of February, citing the reported total revenue as $237,224. Mr. Coleman paused the report to provide commentary stating that sales tax revenue totaled nearly $220,000, highlighting that this was a record to his knowledge. He concluded this portion of the report by stating that December was a strong month for spending in Lamar County. Mr. Coleman proceeded by presenting total expenditures and net income for the month. Mr. Coleman opened the floor to questions regarding the February financial report. There were no questions. Mr. Bray took a motion to approve the February financial report. Mr. Fendley made a motion to approve the financial report as presented. Mr. Homer seconded the motion. Vote: 6 -ayes to 0 -nays Discuss and Consider Approval of the 2022-2023 Audit Report as Presented b Brittan Martin of McClanahan & Holmes McClanahan & Holmes CPA Brittany Martin presented the 2022-2023 Audit Report to the PEDC Board. As of September 30, 2023, total assets came to $9,086,807. The total liabilities amounted to $2,289,972. The total net position was $6,796,835. Following Ms. Martin's presentation, Mr. Bray opened the floor to questions. There were no questions. Mr. Bray took a motion to accept the report. Mr. Fendley made a motion to accept the 2022-2023 Audit Report as presented. Mr. Coleman seconded the motion. Vote: 6 -ayes to 0 -nays Discuss and Consider Action on Report from Policy Review Committee on Proposed By -La Amendments Chairman Bray stated that some months ago, the Policy Review Committee was tasked with reviewing the organization's bylaws and ensuring a plan of succession was in place for board members. The committee's charge was to explore ways to give the organization greater flexibility in managing transitions and leadership development within the board. Page 2 of 5 r f I h � I r i r r I I I I l l 1 1 1 f i f i r t 1 I I 1 1 I I 1 f J !l 1 I I 1 J J 1 1 l t 1 1 1 1 1 l 1 1 J 1J Jl1 11 1 Jf ,.1 1 ! 1/ 11 1 I f I 11 Il Jf1l0 ! . J 111 J 11 .1,111 JII11111! l 111111 1l111JJ191J,1111JIll J1 1111 11 ! ! � I 1 J 1!1 [1111101.111. 1 JJ t 1 1 1 11 1 I, 1f ,111 J1 111 .111 1J 0.111[.11..11 �1 1 1 1 1 0 J l l L l 1 l r l ,1 1 1JJ J JI lJ 1 1 11 11, !I l 1111 111 1111 1.11;11, I ���lll J11J UJ111II f,l1,1,1 ,1 1 J 11 . Il 1 D l l � II /l/ I% 11 �,�� /1101,1111 J111�11111 11111111��'l,l.,llllllll, l�(1 J l D101 ,111 1011.. 11A . 1 l 1Jd J l� �l! r r 1 I t r , IIIY,11.111 r l I � i 91 r I I � 1111>✓>'>< 1 111111 111 ����11����I���I���ll��� �� i ,1 1 1 Crll�i,li�111�����i�i�i»i�1a�i»>iil�l>IcJJI� �11 l rr r r r, J.lflll��cf ��lllifl���ir>(��>ll>1�>l�la�lil�ull�lf1111111!>���//OI�I1�lllil�iJJ,�1�Nr>II�a� 1,11?�l���u11�1�h'1�����>V�,�������1JJ,,1I;IJ11h7,11111i1i11101111 IS R,�oo,;1110A,A-�'' p14�.I �!tAM, 41Vm"" IVBSIad'McR���R.Di h4a�t 'Wt&?Y 9.X)Rq10,, dJ6'9 RMB$' �lrPrlri �r!r i:` 7(ex irr,,.o ke /,,t J•r.Ulf��rif (!i',r,�„ He explained that the bylaws currently restrict board members to only two consecutive three (3) year terms. He added that the original thought was to consider an amendment to allow three consecutive three-year terms, however, the Policy Review Committee elected to recommend an amendment that permits board members who have served a full term to qualify for additional term(s), even if those terms are served consecutively. It was acknowledged that the proposed amendment respects the guidelines and the appointment process overseen by the City Council, which ultimately has the final decision. The proposed amendment reads as follows: The sentence from Section 4.05 Tenure of Article !V that reads "The term of office for each Director shall be three (3) years and shall be limited to two (2) consecutive full terms." shall be amended as follows: "The term of office for each Director shall be three (3) years." Mr. Bray opened the floor to the Policy Review Committee. Mr. Homer elaborated, stating that the committee concluded that this amendment would help support the retention of institutional knowledge, expertise, and ensure board continuity. Mr. Bray noted that, provided the amendment was voted into effect, Dr. Hashmi would be the first board member eligible for additional terms, with Mr. Bray, Mr. Coleman, and Mr. Fendley eligible for additional terms in 2026. Mr. Bray opened it to Ms. Hammond regarding procedure. Ms. Hammond stated that should the PEDC vote to amend the current bylaws, the amendment would subsequently be presented to the City Council for their consideration. Following discussion, a motion was made by Mr. Coleman to approve the bylaw amendments as presented. Mr. Homer seconded the motion. Vote: 6 -ayes to 0 -nays Report and Updatesby Executive Director Maureen Hammond EDA Grant: Ms. Hammond reported that J&L Paving was due to begin construction in early March but has been delayed due to weather. Ms. Hammond noted that the construction timeline was still on schedule. Hammond continued by stating that the EDA sign to be displayed in the Industrial Park had been installed. Governor's CUR Award: Ms. Hammond noted that on March 15`, Adam Routon, Plant Manager of Huhtamaki; Jacob Neufeld, Operations Manager of Universal Fabricating; and herself joined several other communities for a press conference held at the Governor's Mansion. Ms. Hammond elaborated, stating that this conference was a celebration of Texas' reception of the Governor's Cup for the twelfth consecutive year. Paris was recognized for its contribution in economic development along with other communities. Ms. Hammond provided commentary, stating that this award from Site Selection Magazine held a high level of prestige and that it was an honor to attend the ceremony. TIRZ Zone 1 Worksho to Discuss Project and Finance Plan: Ms. Hammond reminded the board that she was appointed to the TIRZ Advisory Board in 2023 and noted that this board had held three meetings to date. Ms. Hammond stated that this board would hold a meeting on March 28t' and encouraged all PEDC board members to attend since the PEDC's properties represent two of the five subzones included in the TIRZ. Ms. Hammond continued, stating that at the previous meeting, the TIRZ Page 3 of 5 r r r � I r I � I I f f � I 1 J' 1 l I I 11 1 1 e i r :i TEXAS /orrr f a, rrerrPif,;;; 61i irr r„r, ,,iJ'/yll a,„ Advisory Board had consensus to explore the current structure of the TIRZ 1, as well as the project plan in place. Ms. Hammond added that while the PEDC board was in agreement on the strength of this plan, she believed that evaluation was warranted and encouraged the board to participate in the upcoming TIRZ meeting. Mr. Bray asked a question regarding the time of the meeting, Ms. Hammond provided response that the meeting would be held at 3:00 pm in the City Council Chambers. TWC PJC High Demand Job Training Grant: Ms. Hammond reminded the board that the PEDC allocates annual funding to support this grant and noted that the equipment purchased, which included a FANUC robot, hydraulic sheet metal sheer, and NC3 multimeter kit had been delivered to Paris Junior College. There were no questions following the report and updates by Executive Director Maureen Hammond. Convene into Executive Session: 1) Pursuant to Section 551.087 of the Texas Government Code to (1) discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have to locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or another incentive to a business prospect described by Subdivision (1), to wit: a) Project Lightening b) Project Blue Fire c) Project Clydesdale Chairman Bray convened the Board into Executive Session at 5:48 p.m. Reconvene into Open Session and Consider Action on Itern(sl Discussed in the Executive Session Chairman Bray reconvened the Board into an Open Session at 6:00 p.m. Chairman Bray expressed that no action was needed on items discussed in Executive Session. Discuss Future 8genda Items Chairman Bray opened the floor to discuss future agenda items. No items were brought forward for discussion. Closing Remarks None Adjourn Mr. Roddy made a motion to adjourn the meeting. Mr. Fendley seconded the motion. Vote: 6 -ayes to 0 -nays Chairman Bray declared the meeting adjourned. The meeting was adjourned at 6:01 p.m. Page 4 of 5 u r r / / 1 / / 1 x f I + l l I- I / I � 1 �I�I�Illul / NVU IS TEXAS Respectfully submitted, Adam Cawthon Executive Assistant Paris Economic Development Corporation Page 5 of 5 r 1 1 1 1 1 1 r 1 r 11 I I I J I, f I I I 1 I I 1 f t i I r� r I / f I 1 / ( 1 MINUTES OF THE BUILDING AND STANDARDS COMMISSION MEETING OF THE CITY OF PARIS, TEXAS MARCH 18, 2024 The Building and Standards Commission of the City of Paris met for a regular session at 3:00 p.m. on Monday, March 18, 2024, at the City of Paris Council Chambers, 107 E. Kaufrnan St., Paris, TX 75460. Present: Absent: Board Members Reeves Hayter Richard Thompson Ken Kohls Brandon Kearney Kim Walker City Representatives: Robert Talley — Code Enforcement Jacie Sparks — Community Development Secretary Robert Vine — Deputy City Manager Reginald B. Hughes — Mayor @ 4:01 p.m. Board Members: Chris Fitzgerald Mike Folmar Call meeting to order. Reeves Hayter, Chairman, called the meeting to order at 3:03 p.m. 2. Approve minutes from the meeting of February 19, 2024. Add the reason for table on item 3.E Motion made by Richard Thompson, seconded by Ken Kohls, to approve minutes. Motion carried unanimously. 5-0 Public Hearing to consider presentations by City of Paris Code Inspectors and owner(s) and/or lien holder(s) of the below properties who have been given notice of a violation of Chapter 4, Article 4.03 entitled "Substandard and Dangerous Buildings and Structures;" Chapter 7, Article 7.04 entitled "Weeds, Junk, and Other Objectionable, Unsightly, or Unsanitary Matter on Private Premises;" Chapter 8, Article 8.10 entitled "Outdoor Storage;" Code of Ordinances of the City of Paris, Paris, TX: A. 421 SW 3rd; City Block 176, Lot 8 Owner: Alejandra C Makowicki; 3024 Red Oak RD, Reading, PA 19605 Building and Standards Meeting March 18, 2024 Page 2 Robert Talley stated the property owner would like to repair the structure. The backside of the structure has collapsed. The roof needs repair. Missing and deteriorated wood around the structure and foundation issues. Junk and rubbish on the property. The owner, Mrs. Mackowicki stated that she has been cleaning the property and is waiting on an estimate from a contractor to get the repairs of the structure started. Robert Talley's recommendation: Declare a nuisance, repair within 90 days or this will be brought back to the commission. Removal of junk and rubbish within 90 days or this will be brought back to the commission. Removal of limbs and brush within 90 days or this will be brought back to the commission. Motion made by Richard Thompson, seconded by Kim Walker, to follow staff recommendation. Motion carried unanimously. 5-0 H. 2636 E Cherry; City Block 257-C, Lot 3 Owner: Annie O Jones; 2636 E Cherry, Paris, TX 75460 Robert Talley stated that the property has tarps on the roof as well as missing and deteriorated wood. There was junk and rubbish that was previously on the property that the city had cleaned up. Heir to the property Mr. Frank Jones stated he will be getting the roof fixed and he is waiting on an estimate from a contractor. Robert Talley's recommendation: Declare a nuisance, repair within 90 days and removal of junk and rubbish within 90 days or it will come back before the commission. Motion made by Brandon Kearney, seconded by Richard Thompson, to follow staff recommendation. Motion carried unanimously. 5-0 K. 743 SE 8th; Gibbons 1St Addition, Block 6, Lot PT LT 1 ALL 2 Owner: William R Freeman; 286 Creekwood Dr., Sunnyvale, TX 75182 Robert Talley stated structure has holes in floor, missing/deteriorated wood, roof and foundation damage. Mr. Freeman's son, Corey, spoke on his behalf of his father regarding their plans to repair these issues. Robert Talley's recommendation: Declare a nuisance, demo within 30 days, or city has right to do so. Motion made by Kim Walker, seconded by Richard Thompson, to follow staff recommendation. Motion carried unanimously. 5-0 L. 804 E Washington; Gibbons Park Addition, Block 1, Lot 16 Owner: William R Freeman; 286 Creekwood Dr., Sunnyvale, TX 75182 Building and Standards Meeting March 18, 2024 Page 3 Robert Talley stated the structure is unsecure, has holes in the roof and a hole in wall on east side of structure. Foundation damage and the walls are separating from outside wall as well as holes in the floor. There is also junk and rubbish on property. Mr. Freeman's son, Corey, spoke on his behalf of his father stating the property was in the process to be sold. Robert Talley's recommendation: Declare a nuisance, demo within 30 days, remove junk and rubbish within 30 days or city has right to do so. Motion made by Richard Thompson, seconded by Kim Walker, to table demo orders due to the property possibly being under contract to sell, remove junk and rubbish within 30 days or city has right to do so. Motion carried. 4-1 C. 744 NW 3rd; City Block 79, Block B, Lot 1 Owner: David Deleon; 1717 Connor Drive, Dallas, TX 75217 Robert Talley reported various structural issues, including a leaning structure with roof and floor holes, as well as missing and deteriorated wood. The property's rear section was cluttered with branches, brush, junk, and debris. Mr. Talley confirmed that Mr. Deleon acknowledges the necessity of demolishing the structure, a task he intends to undertake personally. The owner was present and spoke on behalf of the property, requesting 90 days. Mr. Deleon aims to clear the site of the structure, along with the branches, brush, junk, and debris. Robert Talley's recommendation: Declare a nuisance, demo within 90 days, or city has right to do so. Removal of brush, limbs within 90 days or city has right to do so. Removal of junk and rubbish within 90 days or city has right to do so. Motion made by Ken Kohls, seconded by Brandon Kearney, to follow staff recommendation. Motion carried unanimously. 5-0 B. 228 SW 2" d; City Block 176, Lot 22 Owner: James & Paul Wesley Family LTD; PTRSHIP 530 NE lWh, Paris, TX 75460 Robert Talley stated the owner is in agreement that the structure needs to be demolished. The roof has collapsed into the building. The north side of building is bowing out. Robert Talley's recommendation: Declare a nuisance, demo within 30 days or city has right to do so. Motion made by Ken Kohls, seconded by Reeves Hayter, to follow staff recommendation. Motion carried unanimously. 5-0 Building and Standards Meeting March 18, 2024 Page 4 D. 747 NW 3rd; City Block 79, Lot 2 Owner: Jose G Ramirez; 747 NW 3rd, Paris, TX 75460 Robert Talley stated he has had no contact with owner. The structure has been cleaned out and remodel work was started but has come to a stop. Structure has holes in roof, missing walls and roof in some spots, missing windows, and is unsecure. Robert Talley's recommendation: Secure structure within 14 days, Repair structure within 30 days, or proceed with civil penalties. Motion made by Reeves Hayter, seconded by Kim Walker, to follow staff recommendation. Motion carried unanimously. 5-0 E. 608 W Kaufman; City Block 124, Lot 22 Owner: Matthew Hunter Moore; 507 S. Church St., Paris, TX 75460 Robert Talley stated the owner came to him before the meeting with a contract showing the property has just sold this past weekend. Robert Talley's recommendation: Table until next meeting. Motion made by Kim Walker, seconded by Ken Kohls, to follow staff recommendation. Motion carried unanimously. 5-0 F. 1505 W Henderson; City Block 233, Lot 4 Owner: Rebecca S Wheeler; 356 CR 43380, Paris, TX 75462 Robert Talley stated this structure had missing and deteriorated wood, roof damage, water damage to inside of house. Robert Talley's recommendation: Declare a nuisance, demo within 30 days, or city has right to do so. Motion made by Richard Thompson, seconded by Brandon Kearney, to follow staff recommendation. Motion carried unanimously. 5-0 G. 1571 W Henderson; City Block 233, Lot 233, Lot 1 Owner: Carlos Lamire; CIO Michele Lamire, 945 New Jefferson Rd., Paris, TX 75460 Robert Talley stated the structure is unsecure, foundation damage, roof sagging, missing/deteriorated wood. Junk and rubbish surrounding property. Illegal habitation of camper. Robert Talley's recommendation: Declare a nuisance, demo within 30 days, removal of junk and rubbish and camper within 30 days or city has right to do so. Building and Standards Meeting March 18, 2024 Page 5 Motion made by Kim Walker, seconded by Richard Thompson, to follow staff recommendation. Motion carried unanimously. 5-0 I. 1431 W Sherman; City Block 229, Lot 14 Owner: Jimmy Lane, 1431 W Sherman, Paris, TX 75460 Robert Talley stated the owner is deceased and the son is living there now. The structure has fire damage and is unsecure. Robert Talley's recommendation: Declare a nuisance, demo within 30 days, remove junk and rubbish within 30 days, or city has right to do so. Motion made by Kim Walker, seconded by Richard Thompson, to follow staff recommendation. Motion carried unanimously. 5-0 J. 1161 NE 5"'; Hull Addition, Block 3, Lot 2 Owner: L C Flowers ET AL; 1161 NE 5t' Paris, TX 75460 Robert Talley stated he has received the green card back signed but has had no contact with the owner. Junk and rubbish on entire property. Robert Talley's recommendation: Declare a nuisance, removal of junk and rubbish within 30 days or city has right to do so. Motion made by Ken Kohls, seconded by Reeves Hayter, to follow staff recommendation. Motion carried unanimously. 5-0 4. Code Report 5. Adjournment There being no further business, a motion to adjourn was made by Board Member Reeves Hayter, and seconded by Board Member Richard Thompson. Motion carried, 5 ayes — 0 nays. Reeves Hayter, Chairman, adjourned the meeting at 4:35 p.m. w� Reeves Hayter, t ` ai�n ���� Paris Public LibraryAdvisory Board 03/20/2024 Meeting Minutes Ca ll to Order: The regular meeting of the Paris Public LibraryAdvisory Board was called to order by Chairman Steve Hellmann at5:01 p.m. Board members present were Steve Hellmann, Jennifer Cullum, Myers Hurt, Melanie Loughmiller, and DeEtte Cobb. Also present were Ron Hervey for Connie Lawman, Deputy City Manager Rob Vine, and representatives from the Friends of the Paris Public Library Audrey Mathieu and Jennifer Hollje. Board members absent were Amy Watson and Kelvin Hicks. II. Citizen's Forum: No citizens addressed the board. III. Approval: The minutes of the February 21 st, 2024, board meeting was approved with no corrections. IV. New Business: Staff Intro: Sophia Pitman was recently hired and has been focusing on the Library's website. She also works in circulation and shelving, with herdesk Located in nearthe Teen Room. Ron stated that she stepped in and quickly became an asset to the library. The libraryis very luckyto have her. Steve asked what her background was. Sophia responded saying that this is her firstexperience workingfora library. Previously, she held positions such as a paralegal intern and a taxassistant. She is already helping library patrons with tax return forms. She also earned an Associate of Science in Political Science from PJC. Melanie added that the skill set is a nice, varied amount, that makes a good blend for a position atthe library. b. Strategic Goals: Ron stated that since Connie was outs ick, the discussion of strategic goals would beta bled until the April meeting. V. Friends of the Library Report: Audrey stated the newsletter was sent out to members. On March 21 st, the Book Talkwith Madeline Millerwill be held at 6:00 pm at the library. The spring meeting will be on May 2nd Audrey stated that the staff appreciation luncheon will be on April 9thbut she wanted to confirm with Connie before announcing it. The Friends are using Square Space for their website and are working on an update. Jennifer Hollje said that the tree contact person will split the cost of the old oak tree removal with the Friends. He is going to take a slice and preserve it. This should take about a year to prepare for public presentation. Audrey stated that the flooring estimate is more than expected. Hollje suggested a localflooring company might be able to do the project for less money. Audrey said that Connie is open to options. The amount of space needed to be covered is 1,000 sq ft. VI. Director's Remarks: a. Stats and Budget: i. Budget: Ron stated that there's no budget report because the city is stillworkingon updatingthat. ii. Stats: There is a rise in attendance in programs, to which Ron credited Conniefor. Meta nie said that she visited the library during Spring Break and the library felt refreshed and had a nice atmosphere. b. Audrey mentioned that the Library Speaker Consortium is not accessible on the library's website. She asked if it was possible to fix the issue. Rob asked Audrey to send him the link and he would make sure that it was taken care of. Steve suggested including the service in asocial media post for the library, to help drive attention toward it. With no further comments, the meetingwas adjourned at 5:30 p.m., with Melanie making the motion and Myers providing the 2nd The next meeting of the Paris Public Library Advisory Board will be held on Wednesday April 17th, 2024, beginning at 5:00 p.m. Submitted by: Jennifer Cullum Secreta ry Memorandum Agenda Item 7 TO: Mayor, Mayor Pro Tem and City Council Grayson Path, City Manager FROM: Todd Mittge, City Engineer SUBJECT: Consideration of and action on the Final Plat of the Grace Bible Church Addition City Block 307 Lot 1 Block A, LCAD 53708, located in the 1300 block of North Main. DATE: May 13, 2024 BACKGROUND The applicant requests approval of a final plat in order to add additional structures to the lot. This is in a previously non -platted City Lot and Block. RECOMMENDATION Staff recommends approval of the final plat no conditions. ISimN�. 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OAre r�p.�mmw,air 13kMq � 1m19 Cmarb.lT RydPra ACCEPfEO: Y.WRE a.w.ayaPYb Y WeNPaR M rvlP nen. a M cy a oellr n..ey mr nr M w�mNweP�anepa'�`y��N�i �� aya ek�ryluleYa'Nn and Nne x.lr'0btl. Yb v.°: en�bwm 6�"�e waoea�.rYma.. Pcb 4em.. W. � rIa cwNa rhwNieWwwl �abror Mem WiatlrekW YVYvmlaiv A0.23a1. 'd ertlWK aia ano�a. r+nay.n OI��OP I�.NNP eW CwMW 6fYemYWiYaama%� a IbiY Pitkb Yb b pw�nbrra b�MNePYemMwawm Y rlltnlNd b N bnAf b Mbn W, Ytl si,w,Mi�etl b me Nn eM1alb wolM brMPua9eemdeabbere,m MnN umrerW. GIVEN UNDER 3K HWD AND REAL W DfFIDE K— dna Ao, zoa. FINAL PLAT LOT1 BLOCK A GRACE BIBLE CHURCH ADDITION CITY BLOCK 307 Oreo Blbb Clurtll zees Nrlhsdb Htraet 1.999 ACRES ,ZTa T5M FlM Nn• ivm .�,.... Ino..... ..........m.m,A,w,e, iZ219M o e,E PmbFrgI •• ,ed BY Tkplwneeb.}]948389 2.24 Memorandum Agenda Item 8 TO: Mayor, Mayor Pro Tem and City Council Grayson Path, City Manager FROM: Todd Mittge, City Engineer SUBJECT: Consideration of and action on the Final Plat of the Cultiv8 Addition No.l City Block 33-A, Lot 1, Block A, LCAD 13878, located in the 1300 Block of E Houston. DATE: May 13, 2024 BACKGROUND The applicant requests approval of a final plat to add a new structure to lot. This is in a previously non -platted City Lot and Block. RECOMMENDATION Staff recommends approval of the final plat with the following conditions. The name or names of owner and subdivider... Chapter 9A, V Final Plat (1&3): a. Title Block shall be corrected to show the correct spelling of the addition. b. Signature blocks shall be corrected to show the correct spelling of the owner, including the name of signatory. Pldd 1/aea Hory VI Ma..Wv bcloflvd dpa4adie 9a Clry ofPai4fama Cpm•. 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Salm a3 P/mey ..� �emeamMdl.pabaa we. cualeb canmM. o..w. a M I..n GwAb.d eea a Ima oro Mr.hi' aAtlr M to n... pdeeva W �cwn. W Opeettly MOaabM PWecMEuuanU aNPlyiW WW u eMa�eMM bMbamelltl bm•apamMMe WtPM, vn. wrab cm.a.p. enepoa. a M na.b aveaba ear a iba. m n.ay v+..w M .mM.Mb eroma.w i..e n M emulwAb ma papp.em tl m ua+.a ar r.aar A.. pamatlaa (1)yrrpwngpaeltlMNeh APPRWAL CERrIFICATCN 61s>� 33 C couarvaP W.len I tadaapna vaaba RCYry PILb b nor b ma Canq N [ab m b atl Pavu+el4veau bau bm bMMpaem YvaMMO bameb 34'xeHl ...., ...—. meMMu/mW vaMbrM WaaaW paYduetlm tlwemareevea abnMedYa 1 tlF/tl PaY OMW NdOQtNDe&tL 11POiFtI:E.Vh dW 1oM. ... ..... ..... .... IMR Meyw pryd Pale Tn maval6�va waa CW aPNepa/Dy[MMeMM tMTttAY PUBIID, BTAIEOFT�Ib _Ob wLnmM�bMdyCawpm MAaMpmlb.t a•ya N a>� mm�mC J II Aa 3w . ULTIVB ETA DIT ON NO.1�mmmmm to A d o.nere Ciid iv a/m aM Yd N�N_ T i �f� 1 y�U o°"ra: °°" °°b°"" 13.1'82 ACRE 922LmrerA 9 aG Pldd 1/aea Hory VI Ma..Wv bcloflvd dpa4adie 9a Clry ofPai4fama Cpm•. T'aaa apes of Ctry 8b t Tm. 33. a pat of M LNm Ftlta Am%AFmul No. T18. MIUB Tw S mw W M m Cuhlve Canmwiry by deM mo-drd ulama Comry Dm®ut No.194316-202J endbe'vyflafia daal6edufollowe: fwmm(cgPed Cbmy/95'ldmMNmt6lbq vlNwM Blrvebn Swa.M Somhae4mMrefula Teat ed MSmMea mmmofiJaa/ mveyed b Pdwmd`MlewM aaea mcmdM a lama Co�aq' DoammtNo. xaea&3vYd,hem wMNa l2' mma ompmbmeNwM 89°53'AMSI.TI fbtfirlEe SPWaeammetplamlMf I: TmwNPAh @de vfeudrvlg p'a Butlme Tea/ LC. 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Salm a3 P/mey ..� �emeamMdl.pabaa we. cualeb canmM. o..w. a M I..n GwAb.d eea a Ima oro Mr.hi' aAtlr M to n... pdeeva W �cwn. W Opeettly MOaabM PWecMEuuanU aNPlyiW WW u eMa�eMM bMbamelltl bm•apamMMe WtPM, vn. wrab cm.a.p. enepoa. a M na.b aveaba ear a iba. m n.ay v+..w M .mM.Mb eroma.w i..e n M emulwAb ma papp.em tl m ua+.a ar r.aar A.. pamatlaa (1)yrrpwngpaeltlMNeh APPRWAL CERrIFICATCN 61s>� 33 C couarvaP W.len I tadaapna vaaba RCYry PILb b nor b ma Canq N [ab m b atl Pavu+el4veau bau bm bMMpaem YvaMMO bameb DATE f ,,••,' •........... r�m CamYie6n- ...., ...—. meMMu/mW vaMbrM WaaaW paYduetlm tlwemareevea abnMedYa 1 tlF/tl PaY OMW NdOQtNDe&tL 11POiFtI:E.Vh dW 1oM. ... ..... ..... .... IMR Meyw pryd Pale Tn maval6�va waa CW aPNepa/Dy[MMeMM tMTttAY PUBIID, BTAIEOFT�Ib _Ob wLnmM�bMdyCawpm MAaMpmlb.t a•ya N a>� mm�mC J V III Aa 3w . ULTIVB ETA DIT ON NO.1�mmmmm A cacWaP.r o.nere Ciid iv a/m aM Yd N�N_ T i �f� 1 y�U o°"ra: °°" °°b°"" 13.1'82 ACRE 922LmrerA d aG p 2 .m.... , ..,�___� PMpm�� CINMy EVYMWb7flx. '� MAY.. Ell pcd. e n v . L — 3 S Pldd 1/aea Hory VI Ma..Wv bcloflvd dpa4adie 9a Clry ofPai4fama Cpm•. T'aaa apes of Ctry 8b t Tm. 33. a pat of M LNm Ftlta Am%AFmul No. T18. MIUB Tw S mw W M m Cuhlve Canmwiry by deM mo-drd ulama Comry Dm®ut No.194316-202J endbe'vyflafia daal6edufollowe: fwmm(cgPed Cbmy/95'ldmMNmt6lbq vlNwM Blrvebn Swa.M Somhae4mMrefula Teat ed MSmMea mmmofiJaa/ mveyed b Pdwmd`MlewM aaea mcmdM a lama Co�aq' DoammtNo. xaea&3vYd,hem wMNa l2' mma ompmbmeNwM 89°53'AMSI.TI fbtfirlEe SPWaeammetplamlMf I: TmwNPAh @de vfeudrvlg p'a Butlme Tea/ LC. Doc Np. 3aaW8.wat)wMbia Eea Bm ad Mwat 9ve o[aM TaaR a dWevs of 15839 ham amundtlum Enk hae mma.me Nalhwmt wort or uk TSea R; Timm Borahe931'9vaaNhtlbNwW maofvm TLn3 mtl We Snd l9m m mnveYedm Avynupd Pa haw Ph mvnhda (,Ppgmtyp 7),3No. IlTlb6YR0e a waa er so.9 ha m e l rr we pm el kv mMa (eeppei nm.y msTl, M Naleaa epmm pr aM B.at nmm savn a4m me er cT,mW/Ds7xIp orda )Mpt R ..e the a+x u m pr a h.a mm W.a m rorty ud Bary MCC bydecQram WJmuDavb7 4OMN619p19F10Tl edmmmof Isz9J mamalrr eat pa*acwpea roe spehaammaPr,aa3laax Temaa Nmlh69'SJ• PF1 admMNotmuM prey Jdommo seem. meaem prso.oe ham MPdotpf9eglm®geW aCr®ing 0.163 eva ofluG 4RBrmaw Chewy, RealetmdPmftelMN IaM 9mvWWNo./os),Swe dTe 31m thetM eMwPlamd Pmtl Nola mpla and aytpbremeCPd Smvcy meds MEtamalmammy epPmbelo^ and iMehN A � 4 _ SOII H.BnMm Ctaoey A�rv�S I 5).... f * D"ll OeMNNau 1. TMwbnbewaaaa.mer.aw. R. �eewmle.n.nmdwm..� W twaeom evaw. �a a. Salm a3 P/mey ..� �emeamMdl.pabaa we. cualeb canmM. o..w. a M I..n GwAb.d eea a Ima oro Mr.hi' aAtlr M to n... pdeeva W �cwn. W Opeettly MOaabM PWecMEuuanU aNPlyiW WW u eMa�eMM bMbamelltl bm•apamMMe WtPM, vn. wrab cm.a.p. enepoa. a M na.b aveaba ear a iba. m n.ay v+..w M .mM.Mb eroma.w i..e n M emulwAb ma papp.em tl m ua+.a ar r.aar A.. pamatlaa (1)yrrpwngpaeltlMNeh APPRWAL CERrIFICATCN 61s>� 33 C couarvaP W.len c i a -f I ( tadaapna vaaba RCYry PILb b nor b ma Canq N [ab m b atl Pavu+el4veau bau bm bMMpaem YvaMMO bameb DATE f ,,••,' •........... r�m CamYie6n- ...., ...—. meMMu/mW vaMbrM WaaaW paYduetlm tlwemareevea abnMedYa 1 tlF/tl PaY OMW NdOQtNDe&tL 11POiFtI:E.Vh dW 1oM. ... ..... ..... .... IMR Meyw pryd Pale Tn maval6�va waa CW aPNepa/Dy[MMeMM tMTttAY PUBIID, BTAIEOFT�Ib _Ob wLnmM�bMdyCawpm MAaMpmlb.t a•ya mm�mC Aa 3w . ULTIVB ETA DIT ON NO.1�mmmmm CITY BLOCK 33 A cacWaP.r o.nere amr°rpa�wuR cunnam caaanunHy °ff°�e'r•""aa'+o"°""a'n'••""n'"°'°"'"" rblbaryma9w,mNeeyaa penia �ppv.a o°"ra: °°" °°b°"" 13.1'82 ACRE 922LmrerA bwpbmmMMpawn eM1w Mini beWatlpamM hptlnpeaWraa, ella etlanwb4ptlbnaM MMDtvppw McMnpmlweva, PeA; Ti 76490 Ep}9D99g79 eMdameoN4 ena CmMaaa'bn DNEN l4JDERNYINNDMlD9FMOPDFPICC MY� .m.... , ..,�___� PMpm�� CINMy EVYMWb7flx. '� MAY.. and O.3r0A1BIh 8t. 9.E. Perp, TY Phmed30}7&1-03W aoae Memorandum Agenda Item 9 TO: Mayor, Mayor Pro Tem and City Council Grayson Path, City Manager FROM: Todd Mittge, City Engineer SUBJECT: Consideration of and action on the Final Plat of the Cultiv8 Addition No.2 City Block 32-B, Lot 1, Block A, LCAD 13832, located in the 100 Block of NE 10tH DATE: May 13, 2024 BACKGROUND The applicant requests approval of a final plat to add a new structure to lot. This is in a previously non -platted City Lot and Block. RECOMMENDATION Staff recommends approval of the final plat with the following conditions. 1. The name or names of owner and subdivider... Chapter 9A, V Final Plat (1&3): a. Title Block shall be corrected to show the correct spelling of the addition. b. Signature blocks shall be corrected to show the correct spelling of the owner, including the name of signatory. 2. A designation of the proposed uses of the land within the subdivision, that is the zoning that is requested... Chapter 9A, IV Preliminary Plat (10): a. Zoning shall be corrected. a, N Item No. 10 TO: Mayor, Mayor Pro -Tem & City Council Grayson Path, City Manager FROM: Paul Strahan, Airport Manager / FBO Operator SUBJECT: Letter of Interest — Infrastructure Investment and Jobs Act (IIJA) Funding DATE: May 13, 2024 BACKGROUND: Our existing fuel farm has exceeded its life expectancy and in order to continue to grow our airport, a new fuel farm must be established. STATUS OF ISSUE: TXDOT is needing a Letter of Interest (LOI) from the City expressing our desire to use IIJA funds for a new fuel farm. IIJA funding has been approved for construction of new fuel farms. Fiscal Years 2022, 2023, 2024, and 2025 IIJA are now available and have built up to $1.172 Million. TXDOT has quoted Cox Field a new fuel farm at $1.2 Million. This project is eligible for a 90/10 split, making the financial match from the city at $120,000 in FY24/25 or FY25/26 (TBD). BUDGET: Should TxDOT approve our request, the City would need to budget $120,000 in either FY24/25 or FY25/26 (TBD). As with our current runway rehabilitation project, it is highly recommended that the city identify the 10% necessary to receive in excess of $1 million (90% share) in grant funding for this much needed project. The City Manager is confident that this match amount can either be identified in a future budget, or pulled from reserve. The City Council retains the right to still reject the project prior to signing any agreement as this LOI does not bind us to proceeding. In addition, the funding for FYs 2022 — 2025 from TxDOT needs to be spent, this is our recommended best use for those funds. RECOMMENDATION: Approve a Resolution approving a Letter of Interest to the Texas Department of Transportation Aviation Division as to Infrastructure Investment and JOBS Act (IIJA) Funding for a new Fuel Farm at Cox Field Airport; and authorizing the City Manager to execute same; and authorizing a cash match for the Project. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING A LETTER OF INTEREST TO THE TEXAS DEPARTMENT OF TRANSPORTATION AVIATION DIVISION AS TO INFRASTRUCTURE INVESTMENT AND JOBS ACT (IIJA) FUNDING FOR A NEW FUEL FARM AT COX FIELD AIRPORT; AUTHORIZING THE CITY MANAGER TO EXECUTE SAME; AND AUTHORIZING A CASH MATCH FOR THE PROJECT; MAKING OTHER FINDINGS AND PROVISIONS AND DECLARING AN EFFECTIVE DATE. WHEREAS, the fuel farm at Cox Field Airport has exceeded its life expectancy and the airport is in need of a new fuel farm to support growth; and WHEREAS, Infrastructure Investment and Jobs Act (IIJA) funding is available from the Texas Department of Transportation Aviation Division (TxDOT) in the amount of $1,172,000.00 for construction of a new fuel farm; and WHEREAS, the fuel farm project is eligible for this funding, and the grant will require a cash match by the city of 10% or approximately $120,000.00; and WHEREAS, TxDOT requires a Letter of Interest from the city expressing interest in using the IIJA funds for the project; 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 and are incorporated herein for all purposes. Section 2. That the City Council approves the Letter of Interest attached hereto as Exhibit A and authorizes the City Manager to execute same on behalf of the City. Section 3. That the City Council approves a cash match in the approximate match of ONE HUNDRED TWENTY THOUSAND AND NO/100 DOLLARS ($120,000.00) to be budgeted towards the construction of a new fuel farm at Cox Field Airport as required by TxDOT rules. Section 4. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 13th day of May, 2024. Reginald B. Hughes, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney May 13, 2024 Texas Department of Transportation Aviation Division Attn: Dan Harmon, Director of Aviation 6230 E Stassney Ln Austin, TX 78744 RE: Letter of Interest — Infrastructure Investment and Jobs Act (IIJA) Funding Dear Mr. Harmon, The City of Paris is requesting the use of our Infrastructure Investment and Jobs Act (IIJA) Funding for a much-needed new fuel farm. Our existing fuel farm has exceeded its life expectancy and in order to continue to grow our airport, a new fuel farm must be established. It is our understanding that Fiscal Years 2022, 2023, 2024, and 2025 IIJA funds will total $1,172,000 and be available for this project. TXDOT recently quoted the Paris Airport $1.2 million for a new fuel farm and informed us that this type of project is eligible to be a 90/10 split. The City is aware that a 10% match is required and will be prepared to budget the required match amount. We request that this project be considered for approval. If you have any questions, please contact Paul Strahan, Airport Manager at pstrahan@paristexas.gov or 903-784-4648. We appreciate your attention to our request. Thank you, Grayson Path City Manager EXHIBIT A Memorandum,Item No. 11 TO: Mayor, Mayor Pro Tem and City Council Grayson Path, City Manager FROM: Duke McGee, MCP Building Official, Asst. Director Community Development SUBJECT: Grant Administrative Services DATE: May 13, 2024 BACKGROUND On March 25, 2024, the City Council authorized the Building Department to issue an RFP for third party grant administrator services for the ultimate goal of seeking to improve the City's BCEGS rating and to receive Building Department Accreditation. City staff issued an RFP with publications on April 25, 2024 and May 2, 2024. City staff also e-mailed the Request for Proposal for Professional Management Services packet to a total of eight vendors, which included small and minority businesses. STATUS The deadline to receive the proposal was advertised as May 6, 2024 at 2:00 p.m. and a single proposal was received from GrantWorks. A Scoring Committee consisting of City Councilmember Rudy Kessel, DCM Robert Vine and Building Official Duke McGee reviewed and scored the proposal packet submitted by GrantWorks. The Scoring Committee is recommending the City move forward with GrantWorks as the third party administrator. BUDGET The particular grants we are pursuing would cover the third party administrator services 100%, therefore we should not have any added expense to the city other than staff time. RECOMMENDATION Approve a Resolution authorizing GrantWorks as the City's Professional Service Provider for the Hazard Mitigation Assistance Program(s) funded through the Texas Division of Emergency Management (TDEM) and/or Texas Water Development Board (TWDB). If approved, an agreement will be brought back to the City Council at a future meeting. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING PROFESSIONAL SERVICE PROVIDER(S) SELECTION FOR HAZARD MITIGATION ASSISTANCE PROGRAM(S) FUNDED THROUGH THE TEXAS DIVISION OF EMERGENCY MANAGEMENT (TDEM) AND/OR TEXAS WATER DEVELOPMENT BOARD (TWDB). WHEREAS, participation in HMA program(s) requires implementation by professionals experienced in the administration of federally -funded projects; and WHEREAS, in order to identify qualified and responsive providers for these services a Request for Proposals (RFP) process for planning and management services has been completed in accordance with the HMA requirements; and WHEREAS, the proposals received by the due date have been reviewed to determine the most qualified and responsive providers for each professional service giving consideration to ability to perform successfully under the terms and conditions of the proposed procurement, integrity, compliance with public policy, record of past performance, and financial and technical resources. 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 GrantWorks, Inc. is selected to provide application and project related management services for HMA program(s). Section 3. That any and all project -related services contracts or commitments made with the above named service provider(s) are dependent on the successful negotiation of a contract with the service provider(s). Section 4. That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED THIS 13th day of May, 2024. Reginald B. Hughes, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney Item No. 12 TO: Mayor, Mayor Pro Tem & City Council Grayson Path, City Manager Robert Vine, Deputy City Manager Doug Harris, Assistant City Manager FROM: Todd Mittge, City Engineer SUBJECT: Design Engineering Professional Services Contract - 1st Street SE Revitalization Project Texas Community Development Block Grant 2024 Downtown Revitalization / Main Street Program project. DATE: May 13, 2024 BACKGROUND: The City of Paris was awarded a Texas Community Development Block Grant in the 2024 Downtown Revitalization/Main Street Program in January of 2024. This $500,000 grant will be used for the reconstruction of 1St Street SE from Lamar Avenue to Clarksville Street. As part of our ongoing efforts to make the downtown a destination location for tourism and activities, the City, along with downtown residents and business owners, have made it a priority to pursue grant funding to convert this stretch of road from a standard street to a walkable site, allowing it to be closed to traffic when appropriate to hold community events. In order to design this specialty brick paver roadway, we will be hiring a consultant engineer who specializes in this type of community - oriented design. The City Engineer advertised for Request for Qualifications from engineering firms all over Texas in the Paris News on February 6, 2024, for Engineering Firms to send Qualifications by February 19, 2024. The City received responses from five qualified firms by the deadline. On April 22, 2024, the City Council approved MTG Engineers of Greenville, Tx. to carry out design for this project. STATUS OF ISSUE: Since the April 22; 2024 approval of the Design Firm, City staff began contract negotiations, including obtaining reasonable fees for their service to be brought back to the City Council for approval. For engineering agreements, they are not awarded based on lowest bid, but rather on most qualified. City staff met with MTG Engineers to go over the design process and scope of the project, and has established a total cost of $64,750 for the design and construction plans. BUDGET: The City was awarded $500,000 in the Texas Community Development Block Grant. The design engineering for this project will come from a combination of city funds and CDBG funds. OPTIONS: 1. Authorize the City Manager to sign a Professional Services Contract with MTG Engineers for the street and utility design of I" Street SE between Lamar Avenue and Clarksville Street. 2. Request additional information and/or deny authorization to sign the Professional Services Contract described above. RECOMMENDATION: 1. Authorize the City Manager to sign a Professional Services Contract with MTG Engineers for the street and utility design of 1St Street SE between Lamar Avenue and Clarksville Street. THE STATE OF TEXAS § § Professional Services Contract COUNTY OF LAMAR § THIS CONTRACT is entered into on this 13th day of May, 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 MTG Engineers & Surveyors ("hereinafter referred to as "FIRM") whose address is 1, Greenville, Texas .. _. WITNESSETH: WHEREAS, the City of Paris desires to implement the following: 2023 TxCDBG Main Street Project CDM23-0207 (the "Project") under the'general direction of the Texas Community Development Block Grant (hereinafter called "TxCDBG") Program administered by the Texas Department of Agriculture ("TDA" or the "Department"); and WHEREAS, the City desires to engage FIRM to render certain engineering services in connection with the TxCDBG Project, Contract Number CDM23-0207. WHEREAS, the Project relates to the 1St St. SE revitalization project; NOW, THEREFORE, THAT IN CONSIDERATION of the covenants and CONTRACTs hereinafter contained and subject to the terms and conditions hereinafter stated, the parties hereto do mutually agree as follows: PART I: CONTRACT 1.1 Employment of FIRM. In accordance with Texas Local Government Code section 271.904(d), FIRM 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 the structural engineering profession, both public and private, currently practicing under the same or similar circumstances and professional license and as expeditiously as is prudent considering the ordinary professional skill and care of a competent structural engineer (hereinafter referred to as the "Standard of Care"). In accordance with Texas Local Government Code section 271.904(e), the Standard of Care shall be the sole standard governing FIRM's performance of its professional service under this Contract. If FIRM is representing that it has special expertise in one or more areas to be utilized in this Contract, then FIRM agrees to perform those special expertise services to the appropriate local, regional and national professional standards. 1.2 Scope of Services The FIRM will perform the services set out in Exhibit A, Scope of Services. 1.3 Time of Performance. The services of the FIRM shall commence on ..�.. _ In any event, all the services required and performed hereunder shall be completed no later than _ or the Project's administrative closure date, as defined by Department, ..................... p ment, whichever is later. 1.4 Local Pro ram Liaison. For purposes of this CONTRACT, the City Manager, or equivalent authorized person will serve as the Local Program Liaison and primary point of contact for the FIRM. All required progress reports and communication regarding the project shall be directed to this liaison and other local personnel as appropriate. 1.5 Access to Records. The U.S. Department of Housing and Urban Development (HUD), Inspectors General, the Comptroller General of the United States, the Texas Department of Agriculture (TDA), and the City, or any of their authorized representatives, shall have access to any documents, papers, or other records of the FIRM which are pertinent to the TxCDBG award, in order to make audits, examinations, excerpts, and transcripts, and to closeout the City's TxCDBG contract with TDA. 1.6 Retention of Records. The FIRM shall retain all required records for three years after the City makes its final payment and all pending matters are closed. 1.7 Compensation and Method of Payment. The maximum amount of compensation and reimbursement to be paid hereunder shall not exceed SIXTY-FOUR THOUSAND SEVEN HUNDRED FIFTY AND NO/100 DOLLARS ($64,750.00). FIRM will bill CITY on a percent complete basis. If additional services, trips or expenses are requested, FIRM 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. Each month FIRM will submit to CITY an invoice supporting the percentage complete for which payment is sought, along with a progress report supporting the invoiced amount. Each invoice shall also state the percentage of work completed on the Page 2 of 28 Project through the end of the then submitted billing period, the total of the current invoice amount and a running total balance for the Project to date. Within thirty (30) days of receipt of each such monthly invoice, CITY shall make payment in the amount shown by FIRM's approved monthly 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 services that are not in conformance with the Standard of Care or invoices which are not submitted in compliance with the material 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 FIRM 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. 1.8 Ownership of Documents. All materials and documents prepared or assembled by FIRM under this Contract shall become the sole property of CITY and shall be delivered to CITY without restriction on future use on the condition that CITY substantially performs its obligations under this Contract, including prompt payment of all sums due. FIRM may retain in its files copies of all drawings, specifications and all other pertinent information for the services. FIRM shall have no liability for changes made to any materials or other documents by others subsequent to the completion of the Contract. Further, in the event CITY uses any materials or other documents provided, prepared, or assembled by FIRM without retaining FIRM, such use shall be at CITY's sole risk and liability, and CITY releases FIRM and its FIRMS from all claims and causes of action arising from such uses. 1.9 Indemnification The FIRM shall comply with the requirements of all applicable laws, rules and regulations, and shall exonerate, indemnify, and hold harmless the City and its agency members from and against any and all claims, costs, suits, and damages, including attorney's fees, arising out of the FIRM's performance or nonperformance of the activities, services or subject matter called for in this CONTRACT, and shall assume full responsibility for payments of Federal, State and local taxes on contributions imposed or required under the Social Security, worker's compensation and income tax laws. PART II: SUBCONTRACTS 2.1 No work under this CONTRACT shall be subcontracted by the FIRM without prior approval, in writing, from the City. Page 3 of 28 2.2 The FIRM shall, prior to proceeding with the work, notify the City in writing of the name of any subcontractors proposed for the work, including the extent and character of the work to be done by each. 2.3 If any time during progress of the work, the City determines that any subcontractor is incompetent or undesirable, the City will notify the FIRM who shall take reasonable and immediate steps to satisfactorily cure the problem, substitute performance, or cancel such subcontract. Subletting by subcontractors shall be subject to the same regulations. Nothing contained in this CONTRACT shall create any contractual relation between any subcontractor and the City. 2.4 The FIRM will include in all contracts and subcontracts in excess of $150,000 a provision which requires compliance with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.0 7401-7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251-1387). The provisions shall require reporting of violations to TDA and to the Regional Office of the Environmental Protection Agency (EPA). 2.5 The FIRM will include in all contracts and subcontracts in excess of $150,000 provisions or conditions which will allow for administrative, contractual or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. 1. The FIRM will include in all contracts and subcontracts in excess of $10,000 provisions addressing termination for cause and for convenience by the City including the manner by which it will be effected and the basis for settlement. 2. The FIRM will include in all contracts and subcontracts provisions requiring compliance with the following, if applicable: a. Prime construction contracts in excess of $2,000, compliance with the Davis -Bacon Act, as amended (40 U.S.C.3141-3144, 3146-3148) as supplemented by Department of Labor regulations (29 CFR part 5); b. Prime construction contracts in excess of $2,000, compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR part 3) c. The inclusion of the Equal Opportunity clause provided under 41 CFR 60- 1.4(b) (Executive Order 11246); d. The inclusion of the Economic Opportunities for Section 3 Residents and Section 3 Business Concerns of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). e. Contracts exceeding $100,000, compliance with the Byrd Anti -Lobbying Amendment (31 U.S.C. 1352); f. For contracts in excess of $100,000 that involve the employment of mechanics or laborers, compliance with the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708), including work week requirements and safety conditions for workers, as supplemented by Department of Labor regulations (29 CFR Part 5); and Page 4 of 28 3. The FIRM will include in all negotiated contracts and subcontracts a provision which indicates that funds will not be awarded under this contract to any party which is debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549 and 2 CFR Part 2424. A certification shall be provided and received from each proposed subcontractor under this contract and its principals. 4. The FIRM will include in all negotiated contracts and subcontracts a provision to the effect that the City, TDA, the Texas Comptroller of Public Accounts, the Comptroller General of the United States, the U.S. Department of Housing and Urban Development (HUD), or any of their duly authorized representatives, shall have access to any books, documents, papers and records of the contractor which are directly pertinent to that specific contract, for the purpose of making audit, examination, excerpts, and transcriptions. 5. The FIRM will include in all contracts and subcontracts a requirement that the contractor maintain all relevant project records for three (3) years after the City has made final payment to the contractor and all other pending matters are closed. PART III: STANDARD OF PERFORMANCE AND DEFECIENCIES 3.1 All services of the FIRM and its independent professional associates, FIRMs and subcontractors will be performed in a professional, reasonable and prudent manner in accordance with generally accepted professional practice. The FIRM represents that it has the required skills and capacity to perform work and services to be provided under this CONTRACT. 3.2 The FIRM represents that services provided under this CONTRACT shall be performed within the limits prescribed by the City in a manner consistent with that level of care and skill ordinarily exercised by other professional FIRMs under similar circumstances. 3.3 Any deficiency in FIRM's work and services performed under this contract shall be subject to the provisions of applicable state and federal law. Any deficiency discovered shall be corrected upon notice from City and at the FIRM's expense if the deficiency is due to FIRM's negligence. The City shall notify the FIRM in writing of any such deficiency and provide an opportunity for mutual investigation and resolution of the problem prior to pursuit of any judicial remedy. In any case, this provision shall in no way limit the judicial remedies available to the City under applicable state or federal law. 3.4 The FIRM agrees to and shall hold harmless the City, its officers, employees, and agents from all claims and liability of whatsoever kind or character due to or arising solely out of the negligent acts or omissions of the FIRM, its officers, agents, employees, subcontractors, and others acting for or under the direction of the FIRM doing the work herein contracted for or by or in consequence of any negligence in the performance of this CONTRACT, or by or on account of any omission in the performance of this CONTRACT. Page 5 of 28 PART IV: TERMS AND CONDITIONS 4.1 Termination of CONTRACT for Cause. If the FIRM fails to fulfill in a timely and proper manner its obligations under this CONTRACT, or if the FIRM violates any of the covenants, conditions, CONTRACTS, or stipulations of this CONTRACT, the City shall have the right to terminate this CONTRACT by giving written notice to the FIRM of such termination and specifying the effective date thereof, which shall be at least five days before the effective date of such termination. In the event of termination for cause, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the FIRM pursuant to this CONTRACT shall, at the option of the City, be turned over to the City / County and become the property of the City / County. In the event of termination for cause, the FIRM shall be entitled to receive reasonable compensation for any necessary services actually and satisfactorily performed prior to the date of termination. a. Notwithstanding the above, the FIRM shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the CONTRACT by the FIRM, and the City may set-off the damages it incurred as a result of the FIRM's breach of the contract from any amounts it might otherwise owe the FIRM. 4.2 Termination for Convenience of the Cit City may at any time and for any reason terminate FIRM's services and work at City's convenience upon providing written notice to the FIRM specifying the extent of termination and the effective date. Upon receipt of such notice, FIRM shall, unless the notice directs otherwise, immediately discontinue the work and placing of orders for materials, facilities and supplies in connection with the performance of this CONTRACT. a. This Contract may be terminated at any time by CITY for any cause by providing FIRM thirty (30) days written notice of such termination. Upon receipt of such notice, FIRM 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. Data and study products prepared by the FIRM under this Contract shall be delivered to the CITY if requested on the condition that the CITY has fully paid FIRM all sums due for such data and study products. b. Upon such termination, FIRM shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this CONTRACT plus (2) such other costs actually incurred by FIRM as are permitted by the prime contract and approved by City. There shall be deducted from such sums as provided in this subparagraph the amount of any payments made to FIRM prior to the date of the termination of this Page 6 of 28 CONTRACT. FIRM shall not be entitled to any claim or claim of lien against City for any additional compensation or damages in the event of such termination and payment. 4.3 Channes The City may, from time to time, request changes in the services the FIRM will perform under this CONTRACT. Such changes, including any increase or decrease in the amount of the FIRM's compensation, must be agreed to by all parties and finalized through a signed, written amendment to this CONTRACT. 4.4 Resolution of Program Non-ComMance and Disallowed Costs. In the event of any dispute, claim, question, or disagreement arising from or relating to this CONTRACT, or the breach thereof, including determination of responsibility for any costs disallowed as a result of non-compliance with federal, state or TxCDBG program requirements, the parties hereto shall use their best efforts to settle the dispute, claim, question or disagreement. To this effect, the parties shall consult and negotiate with each other in good faith within 30 days of receipt of a written notice of the dispute or invitation to negotiate, and attempt to reach a just and equitable solution satisfactory to both parties. If the matter is not resolved by negotiation within 30 days of receipt of written notice or invitation to negotiate, the parties agree first to try in good faith to settle the matter by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration, litigation, or some other dispute resolution procedure. The parties may enter into a written amendment to this Amendment and choose a mediator that is not affiliated with the American Arbitration Association. The parties shall bear the costs of such mediation equally. If the matter is not resolved through such mediation within 60 days of the initiation of that procedure, either party may proceed to file suit. 4.5 Personnel. a. The FIRM represents that he/she/it has, or will secure at its own expense, all personnel required in performing the services under this CONTRACT. Such personnel shall not be employees of or have any contractual relationship with the City. b. All of the services required hereunder will be performed by the FIRM or under its supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and Local law to perform such services. c. None of the work or services covered by this CONTRACT shall be subcontracted without the prior written approval of the City. Any work or services subcontracted hereunder shall be specified by written contract or CONTRACT and shall be subject to each provision of this CONTRACT. Page 7 of 28 4.6 Assinabilitr. The FIRM shall not assign any interest on this CONTRACT and shall not transfer any interest in the same (whether by assignment or novation), without the prior written consent of the City thereto; Provided, however, that claims for money by the FIRM from the City under this CONTRACT may be assigned to a bank, trust company, or other financial institution without such approval. Written notice of any such assignment or transfer shall be furnished promptly to the City. 4.7 Reports and Information. The FIRM, at such times and in such forms as the City may require, shall furnish the City such periodic reports as it may request pertaining to the work or services undertaken pursuant to this CONTRACT, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this CONTRACT. 4.8 Records and Audits. The FIRM shall insure that the City maintains fiscal records and supporting documentation for all expenditures of funds made under this contract in a manner that conforms to 2 CFR 200.300-.309, 24 CFR 570.490, and this CONTRACT. Such records must include data on the racial, ethnic, and gender characteristics of persons who are applicants for, participants in, or beneficiaries of the funds provided under this CONTRACT. The FIRM and the City shall retain such records, and any supporting documentation, for the greater of three years from closeout of the CONTRACT or the period required by other applicable laws and regulations. 4.9 Findin s Confidential. All of the reports, information, data, etc., prepared or assembled by the FIRM under this contract are confidential and the FIRM agrees that they shall not be made available to any individual or organization without the prior written approval of the City. 4.10 Copyright. No report, maps, or other documents produced in whole or in part under this CONTRACT shall be the subject of an application for copyright by or on behalf of the FIRM. 4.11 Compliance with Local Laws. The FIRM shall comply with all applicable laws, ordinances and codes of the State and local governments, and the FIRM shall save the City harmless with respect to any damages arising from any tort done in performing any of the work embraced by this CONTRACT. Page 8 of 28 4.12 Conflicts of Interest. a. Governing, Body. No member of the governing body of the City and no other officer, employee, or agent of the City, who exercises any functions or responsibilities in connection with administration, construction, engineering, or implementation of TxCDBG award between TDA and the City, shall have any personal financial interest, direct or indirect, in the FIRM or this CONTRACT; and the FIRM shall take appropriate steps to assure compliance. Officials. No other public official who exercises any b. Other Local Public Ommmmm� , functions or responsibilities in connection with the planning and carrying out of administration, construction, engineering or implementation of the TxCDBG award between TDA and the City, shall have any personal financial interest, direct or indirect, in the FIRM or this CONTRACT; and the FIRM shall take appropriate steps to assure compliance. c. The FIRM and Emllov ees. The FIRM warrants and represents that it has no conflict of interest associated with the TxCDBG award between TDA and the City or this CONTRACT. The FIRM further warrants and represents that it shall not acquire an interest, direct or indirect, in any geographic area that may benefit from the TxCDBG award between TDA and the City or in any business, entity, organization or person that may benefit from the award. The FIRM further agrees that it will not employ an individual with a conflict of interest as described herein. d. Conflicts Disclosure Statement._ (Sec. 176.003 in Chapter 176 of the Local Government Code) i. A local government officer shall file a conflicts disclosure statement with respect to a vendor if: ii. the vendor enters into a contract with the local governmental entity or the local governmental entity is considering entering into a contract with the vendor; and the vendor: iii. has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12 -month period preceding the date that the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; iv. has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12 -month period preceding the date the officer becomes Page 9 of 28 aware that: (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; or has a family relationship with the local government officer. v. (a-1). A local government officer is not required to file a conflicts disclosure statement in relation to a gift accepted by the officer or a family member of the officer if the gift is: (1) a political contribution as defined by Title 15, Election Code; or (2) food accepted as a guest. vi. (a-2). A local government officer is not required to file a conflicts disclosure statement under Subsection (a) if the local governmental entity or vendor described by that subsection is an administrative agency created under Section 791.013, Government Code. vii. A local government officer shall file the conflicts disclosure statement with the records administrator of the local governmental entity not later than 5 p.m. on the seventh business day after the date on which the officer becomes aware of the facts that require the filing of the statement under Subsection (a). 4.13 Debarment and Suspension JExecutive Orders 12549 and 12689 The FIRM certifies, by entering into this CONTRACT, that neither it nor its principals are presently debarred, suspended, or otherwise excluded from or ineligible for participation in federally -assisted programs under Executive Orders 12549 (1986) and 12689 (1989). The term "principal" for purposes of this CONTRACT is defined as an officer, director, owner, partner, key employee, or other person with primary management or supervisory responsibilities, or a person who has a critical influence on or substantive control over the operations of the FIRM. The FIRM understands that it must not make any award or permit any award (or contract) at any tier to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, "Debarment and Suspension." 4.14 E ual Opportunity Clause. During the performance of this contract, the FIRM agrees as follows: a. The FIRM will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The FIRM will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The FIRM agrees to post in conspicuous places, available Page 10 of 28 to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. b. The FIRM will, in all solicitations or advertisements for employees placed by or on behalf of the FIRM, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. c. The FIRM will not discourage or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. d. The FIRM will send to each labor union or representative of workers with which he has a collective bargaining CONTRACT or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the FIRM's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. e. The FIRM will comply with all provisions of Executive Order 11246 of September 24, 1965, "Equal Employment Opportunity," and of the rules, regulations, and relevant orders of the Secretary of Labor. f. The FIRM will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. g. In the event of the FIRM's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the FIRM may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Page 11 of 28 Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. h. The FIRM will include the portion of the sentence immediately preceding paragraph (a) and the provisions of paragraphs (a) through (h) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The FIRM will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a FIRM becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the FIRM may request the United States to enter into such litigation to protect the interests of the United States. 4.15 Civil Ri hts Act of 1964. Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, religion, sex, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. 4.16 Section 109 of the Housin2 and Community Develo meat Act of 1974. The FIRM shall comply with the provisions of Section 109 of the Housing and Community Development Act of 1974. No person in the United States shall on the ground of race, color, national origin, religion, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. 4.17 Section 504 of the Rehabilitation Act of 1973 as amended. The FIRM agrees that no otherwise qualified individual with disabilities shall, solely by reason of his/her disability, be denied the benefits of, or be subjected to discrimination, including discrimination in employment, under any program or activity receiving federal financial assistance. 4.18 Atte Discrimination Act of 1975. The FIRM shall comply with the Age Discrimination Act of 1975 which provides that no person in the United States shall on the basis of age be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Page 12 of 28 4.19 Economic Opportunities for Section 3 Residents and Section 3 Business Concerns. a. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170lu (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. b. The parties to this CONTRACT agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this CONTRACT certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. c. The FIRM agrees to send to each labor organization or representative of workers with which the FIRM has a collective bargaining CONTRACT or other understanding, if any, a notice advising the labor organization or workers' representative of the FIRM's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. d. The FIRM agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The FIRM will not subcontract with any subcontractor where the FIRM has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. e. The FIRM will certify that any vacant employment positions, including training positions, that are filled (1) after the FIRM is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the FIRM's obligations under 24 CFR part 135, Page 13 of 28 f. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this CONTRACT for default, and debarment or suspension from future HUD assisted contracts. g. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this CONTRACT. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). 4.20 Patent Ri . hts and Inventions. The FIRM shall comply with the requirements and regulations pertaining to patent rights with respect to any .discovery or invention which arises or is developed in the course of or under such contract. (2 CFR 200 Appendix II (f) and Rights to Inventions in 37 CFR Part 401). a. Rights to Inventions Made Under a Contract or CONTRACT - If the Federal award meets the definition of "funding CONTRACT" under 37 CFR §401.2 (a) and the Subrecipient wishes to enter into a contract with a small business FIRM or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding CONTRACT," the Subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business FIRMs Under Government Grants, Contracts and Cooperative CONTRACTs," and any implementing regulations issued by the awarding agency. (2 CFR 200 Appendix II (f), Rights to Inventions). 4.21 Ener I EfficienE . The FIRM shall comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94A 163, 89 Stat. 871). (24 CFR 85.36 (i) (13)). 4.22 Verification No Boycott Israel. As required by Chapter 2271, Government Code, the FIRM hereby verifies that it does not boycott Israel and will not boycott Israel through the term of this CONTRACT. Page 14 of 28 For purposes of this verification, "boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made for ordinary business purposes. 4.23 Foreipan Terrorist Or anizations Pursuant to Chapter 2252, Texas Government Code, the FIRM represents and certifies that, at the time of execution of this CONTRACT neither the FIRM, nor any wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of the same (i) engages in business with Iran, Sudan, or any foreign terrorist organization as described in Chapters 806 or 807 of the Texas Government Code, or Subchapter F of Chapter 2252 of the. Texas Government Code, or (ii) is a company listed by the Texas Comptroller of Public Accounts under Sections 806.051, 807.051, or 2252.153 of the Texas Government Code. The term "foreign terrorist organization" in this paragraph has the meaning assigned to such term in Section 2252.151 of the Texas Government Code. 4.24 Insurance Requirements. A. Before commencing work, the FIRM shall, at its own expense, procure, pay for and maintain during the term of this Contract the following insurance written by companies approved by the State of Texas and acceptable to the City of Paris. The FIRM 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. Certificates shall reference the project/contract number and be addressed as follows: City of Paris 150 SE First St Paris TX 75460 1. Commercial General Liability insurance, including, but not limited to Premises/Operations, Personal & Advertising Injury, Products/Completed Operations, Independent Contractors and Contractual Liability, with minimum combined single limits of $1,000,000 per -occurrence, $1,000,000 Products/Completed Operations Aggregate and $1,000,000 general aggregate. Coverage must be written on an occurrence form. The General Aggregate shall apply on a per project basis. 2. Workers' Compensation insurance with statutory limits; and Employers' Liability coverage with minimum limits for bodily injury: a) by accident, $100,000 each accident, b) by disease, $100,000 per employee with a per policy aggregate of $500,000. Page 15 of 28 3. Business Automobile Liability insurance covering owned, hired and non - owned vehicles, with a minimum combined bodily injury and property damage limit of $1,000,000 per occurrence. 4. Professional Liability Insurance to provide coverage against any claim which the FIRM and all FIRMS engaged or employed by the FIRM become legally obligated to pay as damages arising out of the performance of professional services caused by any negligent act, error, or omission with minimum limits of $1,000,000 per claim, $2,000,000 annual aggregate. NOTE: If the insurance is written on a claims -made form, coverage shall be continuous (by renewal or extended reporting period) for not less than thirty-six (36) months following completion of the contract and acceptance by the City of Paris. B. With reference to the foregoing required insurance, the FIRM shall endorse applicable insurance policies as follows: 1. A waiver of subrogation in favor of. City of Paris, its officials, employees, and officers shall be contained in the Workers' Compensation insurance policy. 2. The City of Paris, its officials, employees and officers shall be named as additional insureds on the Commercial General Liability policy, by using endorsement CG2026 or broader; and, the City of Paris shall be provided a defense to any and all claims and causes of action arising out of or related to this CONTRACT as may be provided pursuant to FIRM's general liability insurance policies. In this regard, FIRM shall assist CITY to obtain any defense provided by the FIRM's general liability insurance policies. Nothing contained in Section XII of this CONTRACT shall be interpreted or applied as limiting, reducing, or eliminating any obligation or duty that FIRM's insurance carrier may owe to CITY as an additional insured, pursuant to endorsement CG2026 or broader under the FIRM's general liability insurance policies required by this CONTRACT, to provide the CITY with a defense and/or indemnify the CITY for any claim or cause of action, whether one or more, regardless of the proportionate responsibility or liability of the FIRM or the CITY. Neither shall anything contained in this Section VIII be interpreted or applied as providing or otherwise entitling either FIRM, FIRM's insurance carrier or any other party any right or ability to recover over against CITY any amounts of money attributable to damages, costs, expenses and/or attorneys' fees based on or arising out of a finding of comparative or proportionate responsibility or liability as against the CITY it being understood and agreed that CITY in no way intends by this CONTRACT to waive its sovereign immunity regarding any claim, suit or cause of action. Page 16 of 28 3. All insurance policies shall be endorsed to the effect that City of Paris will receive at least thirty (30) days' notice in advance of the cancellation effective date of any policy of insurance that is cancelled by the insurance company for any reason other than nonpayment of premium. 4. All insurance policies shall be endorsed to the effect that City of Paris will receive at least ten (10) days' notice in advance of the cancellation effective date of any policy of insurance that is cancelled by the insurance company for nonpayment of premium or by FIRM for any reason. C. All insurance shall be purchased from an insurance company that meets a financial rating of A- or better as assigned by A.M. Best Company or equivalent. D. The FIRM shall notify CITY in writing at least thirty (30) days prior to FIRM cancelling or making any material change to any coverage(s) provided in, or through, the insurance policies required under this Section VIII. Failure by FIRM to provide CITY the notice required hereunder may, in the sole discretion of CITY, be deemed a material breach of this CONTRACT. 4.25 Independent Contractor. FIRM's status shall be that of an Independent Contractor and not an agent, fiduciary, servant, employee or representative of CITY in the performance of this Contract. No term or provision of or act of FIRM or CITY under this Contract shall be construed as changing that status. FIRM will have exclusive control of and the exclusive right to control the details of its services performed hereunder, and shall be liable for the acts and omissions of its officers, agents, employees, contractors, subcontractors and architects and the doctrine of respondeat superior shall not apply as between CITY and FIRM, its officers, agents, employees, contractors, subcontractors and architects, and nothing herein shall be construed as creating a partnership or joint enterprise between CITY and FIRM. CITY and FIRM shall not be construed to be in any type of joint venture with respect to the scope of work set forth in this Contract. 4.26 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 FIRM is otherwise notified: Todd Mittge, P.E. City Engineer City of Paris Post Office Box 9037 Paris, Texas 75461 Page 17 of 28 Notices and communications to be mailed or delivered to FIRM shall be sent to the address of FIRM as follows, unless and until CITY is otherwise notified: MTG Engineers & Surveyors 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. 4.27 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. FIRM 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 FIRM's income. Situs of this Contract is agreed to be Lamar County, Texas, for all purposes, including performance and execution. 4.28 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. 4.29 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. 4.30 Entire CONTRACT. This Contract embodies the complete CONTRACT of the parties hereto, superseding all oral or written previous and contemporaneous CONTRACTs between the parties relating to matters herein, and except as otherwise provided herein cannot be modified without written CONTRACT of the parties. Page 18 of 28 4.31 Non -Waiver. It is further agreed that one (1) or more instances of forbearance by CITY or FIRM in the exercise of its rights herein shall in no way constitute a waiver thereof. 4.32 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. 4.33 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. 4.34 No Third Party Beneficiar For purposes of this Contract, including its intended operation and effect, the parties (CITY and FIRM) 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 FIRM 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 FIRM. 4.35 Incorporation of Provisions Re wired 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. 4.36 Form 1295. FIRM, 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 luitt1 '::.....�„� Vu�,� ��„il� . w u^ ��� m� 111 �'w ;�� �: � �' IN WITNESS WHEREOF, the parties hereto have set their hands by their representatives duly authorized on the day and year first written above. Page 19 of 28 --------------------------------SIGNATURE PAGE FOLLOWS -------------------------------- Page 20 of 28 ATTEST: Janice Ellis City Clerk APPROVED AS TO FORM: Stephanie H. Harris City Attorney CITY OF PARIS GRAYSON PATH City Manager Date Signed: MTG ENGINEERS & SURVEYORS 06-M Name: Title: Date Signed: [Remainder of page left blank intentionally.] Page 21 of 28 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 § This instrument was acknowledged before me on them _ day of ,,,, _ y 9 20 , b in his capacity as President y p y of MTG ENGINEERS & SURVEYORS, a Texas Corporation, 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 m ___ County, Texas My commission expires Page 22 of 28 m m EXHIBIT A Wy of Pairls 'Dmn'?"'Acf ff"A"M le" Projecl. I" Street SE Revitalization MRd V4gMPVS & kilveycm I tivmy 115 twmred wixesem thRcomprofic'nuve piaprisat Sjh0lAlCM),% CKH LW')?VUU7I#qd tO exce0eme m druse iramS, pmfesu"soaY clesign Services for the I It Stpeet, relit,"vahons ppllshect 6n t1l*V?y of t'wbne' Texas, With itur,poymI, tiiacly wlord of Innovatkarn mJ de&caawi W meving Merit na*(fs, AAM5 t3 pmwd ta, twung, ow axper,vse a pW a lesthem!" Of ensunng, dt be-cmes a lImPrrwlI, ofi,ppban Newahaa a@ d",mr, 'aye lock forweld w The ONX)cvarmv to copab(xavr wtti stai*Wdeit� and coiwAxhas -o PIC VIENW'apac'n' of E dynwrocsmnuble, arid trmEwngsueetscape ow the ctwammpr to v)Otftw vearsto ctetwlle 11),resenried Mara ts an w,,de;nh b4cMuk),mi, ourhnow, Oufpfc,be<ted Scopeof Lervices, complett: wah anuctpatedexpectatrons amd ff,hr- con mpcnito,4, ct',nm aKsmated with each compmmyt. Base PA&P Data vite wisl myotme4lIce hay gerieraVmg wo mnW base as aMhbnl tNl� lf"llatl A10116,w, Ge-qvaph'mai x'rifcorrw.on Sr"V'e�n's eG!M da^ a OC'w' ld,gx". Ou" 'Amp, utcorpvAllt afld'6 illmagertv� Wity da w, (AM hound mymfoemanron, and RJDAR Mkommon pnyMed bV the Coy, enswing, a &xwiipc0*n5M fmindatron lot twoget planermgand mnAlysa; R'il'e WfljR pliffflUM & tlDPMA$Abit d"n swvwy To tpikze rn as Mau of taus' pycjeot� MA torhc4pphlcdosigA iuridley mff (I°pe prcmct'edmrhe avilf corstrovoAm, p4ns ason used ltm' the leamscifikagpir, ThKsLope ,ten,, n Cb* s I, a muw Oct I a KC0ye'09"i votth Diss'p Laliviul-I, he lopN)"401"t, I*Chba TOpMgfaPhK femures inchidmg i"IHSAJ4, an'l bo tvlk,uie,'� We,wha o- Vi,e evwri and p8'"wo, apt I—A uI`:'!"ftv "J"M a, * ri"Mirf- 'Aged m be-kire he: SuNew d pedul?")", at 400 as 'reseafr`�'ns Gidstabaw 0 UMve'%' N ul#ktpe,s as urclwlled in this pvvfsmm�, J he cowrJowtes iamA be baseii(Nn lexas Mate Man,, North Cermig lone,14AUX3. Elpavalmos, vml be hKe49ujX0 the, N(w1h Ammergumpec'llw'Al Dalrim nO 1988 JNAVD 88�,CNI"Ours WM' tm' 411cmmm an, 0he sunlmy al V Yncreft'',nu, he Cri m Nr Imandanm wA, not Ise delvininad mis purr of tire, xq* of flus pr,oject,,trid a Is bssut.md Of, City 000 sing uqe,.A,w,twn conm.,tra fricAn &Amilacervii popetty owneis pffww Wo pxyISVucttcm, Page 23 of 28 Topi Survey (CmQ b"e, base,d on site coo6tiom lypkaNy, 2 4 aench,nzr $m a re, set 31"id cil,,a is, in uanexisungcut1bing, tgendi ues M1npuwef ;Wes, 31re bar di?iomn in theground tsir lWs In as;!Wlt, RenchmarkisvAN, be shown on0le SUMey Parwamirk, ("AwIng MM wrloolatxwatew;ttt EME40eevs I& Oxmiult ants ti,,a prcsvidegeotecprshat sei vices lot, t1iii qlqKK?, area. wemechnk,W rn&eel appmach wHl inviOve C(X*dLKTurrjj 2,3 pavement ihe deugnated weas of Nesit cores wM be ziigallym� to assess materiah, am depth, Fin Theanwe, SOM SM;fle% W60, itm toOpcted frism beneath mhL 6��avemiggm to eyakialm the tll' Oe minei W Neneath the pave ment stisicture, Makeholder Wvolvement mmmmm3m= L"'i ?Vjm ema. �jram,4es E&!m skrylis, t"he oarl"i"dol", ll%,.Wng� ttnaw;rriaamV& undielgrourr'd rfe'llcric `,Mge�,, M47 All Sews.", hilam & Seryh!m Urves Cciimmunklatkins Lkws Tmsh CaOeofiisa i he aria le Low kelm US 1111itstO S,eryke Liamatiians meas ;0aa, Sit, vk e (,,nes V AA fro i 11a 0 mi i data to Neu m aka 11 %1 maraA I u 11i ii V rin ap mat A he pr a der t IN wafts and d work wk h the Oqr Vg, so wdullle a cogsr6yl at�org W Twe l � fig With a �4 t he a ppricaW e, U it MY P rMirick rs, PIA C G wH I sh a re i v Wpis of ut Rhim ge 0 sc i'lem alic des�igm tial; use at tfiias nveittling to dil pwenf&ilfi:ms Telmfions, impmvemeiiiiis,and pat errm's llgrslimwgx.tian coardhmitligm, A f0aw op uru�ea'tme Ilrrter to'finaal4 esign Vilianis can be sdkefMad, R tkerymi neceti als final firviki, andbutipts are creMed,Zbb IRE&Ir"rim kLb--z—m&d&J--V-xs—m— iwim: Pubk Input and Relations StakhoWers m W City f ejj!s1 esvbtal, wa itt to gairrveg put!Ak: m ii j!ipart fisq Weptejett and posl pug sue addidaval dom-muns fiam cMzens and businamsts ➢ ii,) the cm nimmundy-As Dart of WS tiwail, a sv%mg pubfic r t4afialls cilisnpa%rb r, eedi to be mziotahggd uli, ensure a jsiss�yrvr ui*w cyl, the prop4teed Jesign iii o n qx ovwTvief its, As i prCig,re sses ,M G iailtf proilglide birds" eye %njews cif the pixtiftt matt ll in JNRCOS, as w0l as a W v iew gienodeftj, of the iii9diveddesigni il irdiarnsamicm %,Wbe ;"Wdedto the city stafl to shale vidth kx:0 me4 ow4ets and shavim a of TXDOT cmdinei tre "Tpaciied in inuttipie klcati�crgs, at us assumed ccatrdnatkm iikiie otiow bev*ven the dtf, T%CKkT, anid fiff(i fm mvil-wand all:i%giovallof thr des;gn sicins thiough, this agency, Cavwmeclu wM be addressed in tUltsequen"t mv mfi:ii ills rnd afi ;A:Rns WN W 1'YXlatae lda!!i necessavy to, adhere AD TOW dl roqu�rmmgtts Vvc� do not anuditiate aliv fum:0 itengnft% ficm Tx1DOT w4l be rol of deslign plains. Page 24 of 28 04 Improvement and Design ill CommcOoni Dr.mr.uments Fo4TGvWM deWer comwehen:!Aive CiW wnstvwl�rtn ilraWngs, the remodal W t-,vsMrtg,, parmit rfaces and the cari af ist!!Ivveet Ints a shaved,tiise piromenade, fiarturing piedenvian imsmogsand enhanced sidewaW ciannecbvity. O%n uppmach adhems strKtly to she sUpWations set folth by the cltyaW IsfilWafif gate zpenciea, ejrsurnng fuH ice mpl Nanvil�: %Oth negiAamy awndards and kricak or6warices, The foWmving fist hx9tides die anficipatel.1 constorction dra)Wngs � Exhiling riandapons (DeNveraMe from lbdmgtapha!imivey Scope i!iigned tor qth;�Mpmd Eng,neey;l Demcwhhii!iin Plan '041,01111ifte! "i OfinerisVii!mtrd Site PWn (s) -Tb p4caN Oemlt -Ge,4ns 44,an Ufifitv rian & Corsidilriatiion ,E'rWier, Compoll Plan -Ten Viacwy Iraffic Plan "'i inidurced as part of the aripfOnal 9milt package, but dented fistures and kxanons ame ca rventli tilased oimiasmitawnts wfth aiijIcemt property Ownelps, UI,Nryand va"alskwtivry rainnesticHmA, Ila,iwfinn aii: iWs sm;iie fee trkludes bask lighting tabus as and snikfing fixture select'hm pranded by the C", E urb needsig plans wRl tie subanitted foa avvview In 130%, ?SIX, arsd 201011% compteeon Sets, dun gineeding Q*ici at FiiobaWe Com wM be provWed at suns h phase 0 design as aixuratePy ss:rmiissuWe GTrien the Weal of devaiR Ise eaiiII �ser, AddlionaMA it k antid;miaed site vWts, as well ai� onsKis me,eungs B mv taittiing to the deagn,, wW be: neaessary 'a ijuling design" ikumtrju yuan yo- a"I �Wv ME� For isldd4wgAcudget mrJJfno!!!;' h is antk'npml that desigil's efernents visitl tm broken imo dolucUve attemates phi the bid package, 11ft Alaws ihe C4Y to sek�ct 0 of pontons of the for eagird llImsed on contnetaF b reiaOim to Urp avaflaWv budget fnr the pnilem, As d4cussed, the City n,iayi Wine: te, carygAmte ronasonems of this project thaR are oWsOt OW, mradable budget, Typical Curb Extension D*W$ h he Citv Ma also 0eqLmited typikal i bin PO!Inddtid for Ntwe WimrwNmi: cuvb eittensiasw at kcUsfotni iwycomd the scci itf this: projecl. THs detail YWII) hnctude, geometrVand tayows fnv urdformay for, eWh use, but R VOhe, care pbaa' the *Mes, elevifticirs, diakiage, and layout will require m6ficinkm tivior to ewh use t�o einsurt comphance with: eAsVngmkdwmii%, ffiese deW6 wMise Irreliamed coorseratmOt wHirr the City Engmees sind MA be pii*,4&J to VI'm (Av unsirrimi in i pci and CAD format Fa4 Ovsk future kirse, ,em nd&cvhon, sand rea", Landscape & Hardscape Design bad van concernuw Packages,, &dr4Jsa*ng wO be fnlnrr,M on, thS, PY'Djt:C?, piai indw&ng sroziN landricapt, bvis pn Owe pi!!destrian islands and 11!ilairter buns alorrig the designes fur plainfing nede,Oons Oeosmlive, bard Sapp items, suth, as Ihe utflhvpuAe reverings, wiN, beschtmaleaVy deMgned and 6* inctuided kv be WO'donai "Witih tme 01,,t an,d5takrrmOders ho iriv,u-Oory III's antvpated these Airnils nn&V berennowd fromthe crimerO bid package wisd It to the Oty for ;irivate to acquhre ma sWur pIcIram t t"N' tra'shican or paiagmn, 3 Page 25 of 28 IN :2 Teortical Specifkatiom for BW Oowmmts MT6 *i.(kmepATt te011lnka'P specdkmam ccmczrnrq pertment ma'*413 and ca—wrotTn ffWthedoWgies taWmJ to SWT OW urtP4ue devnamJs of thrs pru�ecf, Ifiese spec Ricaftns 4,01 adhem To the, odpWadlixis outfined by relevam! B'Am pOmsmm' mvftdpaesuatvons, 2w gd I XM stzmdlw'mU' N, t,n 4ed 4, a tannpi, ehpnsMr &mWv,Wm.m. Vlei e lecrmoxa� sperifiiizi,aons rrmE be seam4sAy Wegrawd h 6,mri the tdd�,,j pac "4kA"I;p' err"wu�mroi ',c. rfty a ad copnpHanin°,*,, fu� :a Ill pjmspsi !!clwe contractors, Construction Phase Services TAS Re raft as M l WiA � e&tel' the p"01'ecl w-,th the 7aexas III)e;N1 w ta nert of t icensirig and Re&atkva JTOLR) fix th,e p equked p4a in aircessibMV m6mio, MTG al&,ums the City wHi be ii esptlnsible lot, Oreas, tccess;N! lty r�jtspevians Ttqa,red fce IDUc!l,rnqNmnnce 11WWWOrt W%%wM aclliq,Oy vrqage 4nownramiw inquRwes, m-tpr,ndmg w Rrquests fc,"r In'fitn'natrOn d ' MU), and IssullnE tm�y eesii!irdal addenda piii>r to ate Wd deadline, Addkk?oaltN�OUN (IMWIII VAN V'Wtidteate 4rr Pfe-bhi afvJ bid Aneatings, affeAng waluablIe Msights myJ eo;iierthe. furthermore,wewHI meticulmMypitpam a oxripreVwnsive bki tabLdall*n, ensudng trampamncy and accuracy thromShcRa the bidding qrleeesjh�'j Construc.04mit Sopport The scope of This Ny'du d'wMay fluctwate Iftpenilms on factors mich as theconsmKOon serstm,, meather condalons,, and 21,1be cfiomi = b: lbctcm r, Nvfm lhedess, MT(I haS IDUIllned flm golkm,mAng sevvfii;es 00no WM ii theldr antdPated are, Cowl an wruicrurrer,conprehiensw zf the iSt aa, Dur olav exile vvce vmnf1arprojpM, and our fdsk:wy)16th 13M(i grants, ZSWeeo 'At bmitiW R"iliew6 nsonths at I hi!wug per "& RKs and ConTrictor Questonns-, 6 nwnths all! I ivcmir per week Himal FUlKh IJST Pmpam 'Reami rh m4qsbased an (botractor provided notes mfougho%ir constfucVml Exclusions 7 he fWW'Wins, Kim% art not NWOMPIKSIed w0in the icope! 0: ON proposal; Nrilmoer, they are supplenweintan( semkLn that MIG can proOdp w. poo P, eque5t, Omni the nwmwetl pmae of those sei*vs, theirscollm !It tradifionally rxenplex to deferamm, I hierefole, ?ATG im>mmemls That thLy or undertaken on a fime and matedWs bas,,,s o�t�:m% %a Vzpdad rme!mhedUe lorpr,6,%, Sow lie exarrdp�ies of these selvikeecurrently exthAded fr�imn mtr popcisat inchide � H!5106�:M fa Erwircmmentai hw VWb-. Comiruction SAaking, Ritwemy finpec'dnn GniiiT Aamfirdstratius Onve authinized, MIG WM 11^aappy to work a sdm4litide out mth the Oy and Grant Min*dsqcttrai: W, Survey crems are curwentfV scheduted 20 irt 2S worUng date aut a,nd the scheqMe ruuW vM depemiddng On WeatIliev, comht'kins, Data cA.0e<Nm and scherimatic desdgn can begin iiq°dfln 13 weeks M w Mw)6zlwtkm and lrun amum"itly 'i.vfth m,v vey ioo,4% Page 26 of 28 M M Compensation NUG PNO'o'c'ses to-Orev"'de vNe seivices devvIibmJ abiwe lax fixedIllne, exclusivi. up dR,LKt j,elmllmnwllAe costs, asshtwwnbelaviv, Amey chamilesiliequestest: by I Ig, linal des*n or aftti civH constructsw plans erre gfiuUzed shah Ilbe condUnlallf at an houdy wate based anAppermfix I attached lbp)Wmap 1hk!Wrvey ........... la'swW �11,250.00 WIRRY Cmillrillfinatoov? FwjMkkip'et & Rebtkmss ....... ...... $ F"750A) MY irmstrus'don VMQ'jhqS'.—. .............. ........ $ 24tXXV,W Oadtwpe & HvYdsrqpvMrvs..— .......... m'Sffilw IMIRegIstratfun and ........... ....... 1,2SO'litV ledwkel . ..... . .... . ...... 31SM1100 On'"nim� sup;mAw It., .......... ... ... .. ... .. ... .. "SVOOPM11 ... 11--..,.�.���-.....'�..,.,.,��'..�....��,�I .... ........... I'�.I.-�,�.,�,�.��.�..�.I.�..,-..� . . ..... nnui (bist— .......... Summary 'I his twroposal at n8les to dellineate the scape of servilices to be ProvW ad kyvl' NWT for V w"wecll fied pro�pn' 1111111les i expqk MY statedotheiiwilse %allklifty extei,Ws feria cluyvtkmn of thiny (30� ape yo, folkWng which, the popo!W wHi exjare it aI vrecwLd tA,76 ps ;Illeased so p;resenl, fl" prapai Wei looks foroard to fostvvirq coA A of afkv r on) tlli,'m pril!,fiect, Should vallu awem d6s;n Gpasap an^ d fts accounpanVhig agreement accepta6le, w., khrdly reqtwst ivfji° vnaturma an one impy of tire aga limment, foarl, ni'! turfflngthe odj�nal to ow offlice, gmtfld aw, Enqulries a6se cyr, farthef Infinmawn �m reqWivd. plsado wt hesKiylie to mach auttv, vi avyotm, earfieg convenience. M"'!,'' -"l rof)"'pm"11"',9 fATG Engkleers 1, MIKE WES,, VIE Page 27 of 28 m Akry 3 MT'G MTG Engineers & Surveyors Civil***Environmental***Surveying 2024 Hourly Rate Schedule CATEGORY Woe SERVICE DESCRPTIONICLASSIFICA'PION UNkTS RATE KC 4 P1, 1",///,,' jf: C x! i;[%11/ f, EJ 4 t j!i RPII,,,,as!IC L'A"JY") (","N K 1A I/Mi),"Iii R/k, ,jri 00N,) 61 0/ R VO f"Y"i Page 28 of 28 Item No. 13 Memorandum TO: Mayor, Mayor Pro Tem & City Council Grayson Path, City Manager Robert Vine, Deputy City Manager Doug Harris, Assistant City Manager FROM: Todd Mittge, City Engineer SUBJECT: GRAND THEATER ENGINEERING ANALYSIS DATE: May 13, 2024 BACKGROUND: The City of Paris owns the Grand Theater building located at 21 Lamar Avenue. The building was recently cleared of asbestos and hazardous materials. The Paris Grand Theater Project, a non- profit, has an agreement with the City of Paris for restoration and revitalization of the building. The City of Paris owns this building. The purpose of the City assisting the non-profit organization is to help kick start their ultimate goal of raising donations to fund a complete renovation of the building, which is expected to be very costly. In addition, the city's assistance is appropriate as it helps ensure the integrity of our own property, as well as being mindful of this building's impact to those surrounding it. STATUS OF ISSUE: Before any renovation of the building begins, Staff is recommending a structural analysis be performed to help identify any concerns we need to be aware of. This will aid in planning and budgeting for specific renovation activities that the non-profit performs in the future. The City Engineer has examined the building and recommends some repairs that could be made, but ultimately recommends a Structural Engineer be called to perform an expert analysis. This historic Grand Theater, circa 1916, is a city owned resource. It has been cleaned to expose the raw building components and has indicated cracks in concrete and brick, exposed and rusted rebar, and a leaking concrete roof. Based on these inward and outward signs of age, it is recommended to perform a structural engineering analysis. Jason Hart Engineering has performed several structural analyses for the city, and has done exemplary work for us. It is foreseen that a roof analysis may also need to be done in the future. We are considering this potential. This however is irrespective of performing a structural analysis. BUDGET: The engineering services agreement describes a sum not to exceed $29,350.000 for the Structural Analysis and Report of this building. While not included in the Fiscal Year 23/24 budget, this will follow the same pattern as the rehabilitation project and be paid out of existing American Rescue Plan Act (ARPA) funding. OPTIONS. 1. Authorize the City Manager to sign a Professional Services Contract with Jason Hart Engineering, LLC for the Structural Analysis of this building at 21 Lamar Avenue. 2. Request additional information and/or deny authorization to sign the Professional Services Contract described above. RECOMMENDATION: 1. Authorize the City Manager to sign a Professional Services Contract with Jason Hart Engineering, LLC for the Structural Analysis of this building at 21 Lamar Avenue. THE STATE OF TEXAS § COUNTY OF LAMAR § Professional Services Contract THIS CONTRACT is entered into on this 13th day of May, 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 Jason Hart Engineering, PLLC ("hereinafter referred to as "CONSULTANT") whose address is 15305 Dallas Parkway 12th Floor, Addison, Texas 75001. WITNESSETH: WHEREAS, CITY desires to obtain structural engineering services from CONSULTANT related to the Grand Theater building at 21 Lamar Avenue; and WHEREAS, CONSULTANT is a structural engineering firm 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 meat of Consultant In accordance with Texas Local Government Code section 271.904(d), CONSULTANT 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 the structural engineering profession, both public and private, currently practicing under the same or similar circumstances and professional license and as expeditiously as is prudent considering the ordinary professional skill and care of a competent structural engineer (hereinafter referred to as the "Standard of Care"). In accordance with Texas Local Government Code section 271.904(e), the Standard of Care shall be the sole standard governing CONSULTANT's performance of its professional service under this Contract. If CONSULTANT is representing that it has special expertise in one or more areas to be utilized in this Contract, then CONSULTANT agrees to perform those special expertise services to the appropriate local, regional and national professional standards. II. Scone of Services CONSULTANT shall perform such services related to the Grand Theater building located at 21 Lamar Avenue, Paris, Texas, specifically including, but not necessarily limited to, the tasks enumerated more fully in Attachment "A" hereto entitled "Scope of Work" (hereafter referred to as the "Project"). Services not set forth in Attachment A shall be additional services and should CONSULTANT perform such additional services as permitted in this Contract shall entitle CONSULTANT to payment of additional compensation. 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 be a sum not to exceed TWENTY-NINE THOUSAND AND THREE HUNDRED FIFTY AND NO/100 DOLLARS ($29,350.00). This total payment for services includes CONSULTANT'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 CONSULTANT. CONSULTANT will bill CITY on a percent complete basis in accordance with Attachment "B"; provided however that this Contract shall control in the event of any conflict between the language in Attachment "B" and the language in this Contract. If additional services, trips or expenses are requested, CONSULTANT 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. Each month CONSULTANT will submit to CITY an invoice supporting the percentage complete for which payment is sought, along with a progress report supporting the invoiced amount. Each invoice shall also state the percentage of work completed on the Project through the end of the then submitted billing period, the total of the current invoice amount and a running total balance for the Project to date. Within thirty (30) days of receipt of each such monthly invoice, CITY shall make payment in the amount shown by CONSULTANT's approved monthly statements and Structural Engineering Services Contract Jason Hart Engineering, PLLC Page 2 of 24 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 services that are not in conformance with the Standard of Care or invoices which are not submitted in compliance with the material 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 CONSULTANT 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 SSIUS of Services CITY reserves the right to revise or expand the scope of services after due approval by CITY and agreement by CONSULTANT as CITY may deem necessary, but in such event CITY shall pay CONSULTANT equitable compensation as agreed by CITY and CONSULTANT for such services. In any event, when CONSULTANT is directed to revise or expand the scope of services under this Section of the Contract, CONSULTANT shall provide CITY a written proposal for the entire cost involved in performing such additional services. Prior to CONSULTANT 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 CONSULTANT 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. Further, CONSULTANT has no obligation to perform any services not set forth in Attachment A without the advance, written approval of CITY. V. Term and Time of Performance This Contract shall begin on the date first written above, and shall terminate when CITY has approved the Project as being final or otherwise terminates this Contract as provided herein. The CONSULTANT shall commence services upon execution of this Contract. Unless terminated, or unless the Scope of Services and Time of Performance are changed in accordance with Article XV, Changes, the CONSULTANT shall complete the Scope of Services provided under Article I1 by July 10, 2024. Notwithstanding anything herein to the contrary, CITY acknowledges and agrees that any schedule for the provision of CONSULTANT's services may be modified or adjusted by written agreement between the parties due to review by third -party consultants, review and approval of submissions by authorities having jurisdiction over the project, changes in the scope of the project, Structural Engineering Services Contract Jason Hart Engineering, PLLC Page 3 of 24 and or delays by the CITY and/or its contractor or consultants. CONSULTANT shall have no liability for any such delays mutually agreed to by the parties. The completion schedule set forth in this Article may be subject to causes that result in delay over which neither CONSULTANT nor the CITY has any control. Notification and justification for any such delays identified by the CONSULTANT must be made in writing and approved by the CITY. The schedule of work will be extended to include any such delays pursuant to Article XV, Changes. VI. Contract Termination Provision This Contract may be terminated at any time by CITY for any cause by providing CONSULTANT thirty (30) days written notice of such termination. Upon receipt of such notice, CONSULTANT 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. Data and study products prepared by the CONSULTANT under this Contract shall be delivered to the CITY if requested on the condition that the CITY has fully paid CONSULTANT all sums due for such data and study products. The CITY will only be obligated to compensate the CONSULTANT in the amounts agreed herein for those services performed prior to the effective date of termination and upon the CONSULTANT's submitting a statement of actual services performed and payment requested. VII. Ownership of Documents All materials and documents prepared or assembled by CONSULTANT under this Contract shall become the sole property of CITY and shall be delivered to CITY without restriction on future use on the condition that CITY substantially performs its obligations under this Contract, including prompt payment of all sums due. CONSULTANT may retain in its files copies of all drawings, specifications and all other pertinent information for the services. CONSULTANT shall have no liability for changes made to any materials or other documents by others subsequent to the completion of the Contract. Further, in the event CITY uses any materials or other documents provided, prepared, or assembled by CONSULTANT without retaining CONSULTANT, such use shall be at CITY's sole risk and liability, and CITY releases CONSULTANT and its consultants from all claims and causes of action arising from such uses. VIII. Insurance Requirements A. Before commencing work, the CONSULTANT shall, at its own expense, procure, pay for and maintain during the term of this Contract the following insurance written by companies approved by the State of Texas and acceptable to the City of Structural Engineering i g g Services Contract Jason Hart Engineering, PLLC Page 4 of 24 Paris. The CONSULTANT 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. Certificates shall reference the project/contract number and be addressed as follows: City of Paris 150 SE First St Paris TX 75460 1. Commercial General Liability insurance, including, but not limited to Premises/Operations, Personal & Advertising Injury, Products/Completed Operations, Independent Contractors and Contractual Liability, with minimum combined single limits of $1,000,000 per -occurrence, $1,000,000 Products/Completed Operations Aggregate and $1,000,000 general aggregate. Coverage must be written on an occurrence form. The General Aggregate shall apply on a per project basis. 2. Workers' Compensation insurance with statutory limits; and Employers' Liability coverage with minimum limits for bodily injury: a) by accident, $100,000 each accident, b) by disease, $100,000 per employee with a per policy aggregate of $500,000. 3. Business Automobile Liability insurance covering owned, hired and non - owned vehicles, with a minimum combined bodily injury and property damage limit of $1,000,000 per occurrence. 4. Professional Liability Insurance to provide coverage against any claim which the consultant and all consultants engaged or employed by the consultant become legally obligated to pay as damages arising out of the performance of professional services caused by any negligent act, error, or omission with minimum limits of $1,000,000 per claim, $2,000,000 annual aggregate. NOTE: If the insurance is written on a claims -made form, coverage shall be continuous (by renewal or extended reporting period) for not less than thirty-six (36) months following completion of the contract and acceptance by the City of Paris. B. With reference to the foregoing required insurance, the Consultant shall endorse applicable insurance policies as follows: 1. A waiver of subrogation in favor of City of Paris, its officials, employees, and officers shall be contained in the Workers' Compensation insurance policy. Structural Engineering Services g g Contract Jason Hart Engineering, PLLC Page 5 of 24 2. The City of Paris, its officials, employees and officers shall be named as additional insureds on the Commercial General Liability policy, by using endorsement CG2026 or broader; and, the City of Paris shall be provided a defense to any and all claims and causes of action arising out of or related to this Agreement as may be provided pursuant to CONSULTANT's general liability insurance policies. In this regard, CONSULTANT shall assist CITY to obtain any defense provided by the CONSULTANT's general liability insurance policies. Nothing contained in Section XII of this Agreement shall be interpreted or applied as limiting, reducing, or eliminating any obligation or duty that CONSULTANT's insurance carrier may owe to CITY as an additional insured, pursuant to endorsement CG2026 or broader under the CONSULTANT's general liability insurance policies required by this Agreement, to provide the CITY with a defense and/or indemnify the CITY for any claim or cause of action, whether one or more, regardless of the proportionate responsibility or liability of the CONSULTANT or the CITY. Neither shall anything contained in this Section VIII be interpreted or applied as providing or otherwise entitling either CONSULTANT, CONSULTANT's insurance carrier or any other party any right or ability to recover over against CITY any amounts of money attributable to damages, costs, expenses and/or attorneys' fees based on or arising out of a finding of comparative or proportionate responsibility or liability as against the CITY it being understood and agreed that CITY in no way intends by this Agreement to waive its sovereign immunity regarding any claim, suit or cause of action. 3. All insurance policies shall be endorsed to the effect that City of Paris will receive at least thirty (30) days' notice in advance of the cancellation effective date of any policy of insurance that is cancelled by the insurance company for any reason other than nonpayment of premium. 4. All insurance policies shall be endorsed to the effect that City of Paris will receive at least ten (10) days' notice in advance of the cancellation effective date of any policy of insurance that is cancelled by the insurance company for nonpayment of premium or by CONSULTANT for any reason. C. All insurance shall be purchased from an insurance company that meets a financial rating of A- or better as assigned by A.M. Best Company or equivalent. D. The CONSULTANT shall notify CITY in writing at least thirty (30) days prior to CONSULTANT cancelling or making any material change to any coverage(s) provided in, or through, the insurance policies required under this Section VIII. Failure by CONSULTANT to provide CITY the notice required hereunder may, in the sole discretion of CITY, be deemed a material breach of this Agreement. Structural Engineering Services Contract Jason Hart Engineering, PLLC Page 6 of 24 IX. Right to Ins sect Records CONSULTANT agrees that CITY shall have access to and the right to examine any books, documents, papers and records of CONSULTANT involving transactions relating to this Contract on the condition that CITY substantially performs its obligations under this Contract, including prompt payment of all sums due. CONSULTANT agrees that CITY shall have access during normal working hours to all necessary CONSULTANT 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 CONSULTANT reasonable advance notice of intended audits. CONSULTANT further agrees to include in subcontract(s), if any, a provision that, on the condition that CITY substantially performs its obligations under this Contract, including prompt payment of all sums due, any subcontractor or architect 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 architect or 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 architect or sub -contractor reasonable advance notice of intended audits. X. Successors and Assi ns CITY and CONSULTANT 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 CONSULTANT shall assign or transfer its interest herein without the prior written consent of the other. XI. CONSULTANT's Liability Acceptance of the final plans by the CITY shall not constitute nor be deemed a release of the responsibility and liability of CONSULTANT, its employees, associates, agents or consultants for the accuracy and competency of their designs, working drawings, specifications or other documents and work; nor shall such acceptance be deemed an assumption of responsibility by CITY for any defect in the designs, working drawings, specifications or other documents and work; nor shall such acceptance be deemed an assumption of responsibility by CITY for any defect in the designs, working drawings, specifications or other documents and work prepared by said CONSULTANT, its employees, associates, agents or sub -consultants. Notwithstanding the foregoing or any term or condition to the contrary, the CONSULTANT shall be entitled to rely on and shall not be responsible for, the accuracy, completeness, and timeliness of, services and Structural Engineering Services Contract Jason Hart Engineering, PLLC Page 7 of 24 information furnished by the CITY and the CITY's employees, agents, consultants and contractors of any tier, and persons or entities under their supervision or control. XII. INDEMNIFICATION IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE SECTION 271.904(a), CONSULTANT DOES HEREBY COVENANT AND CONTRACT TO INDEMNIFY AND HOLD HARMLESS THE CITY, ITS CITY COUNCIL, OFFICERS, EMPLOYEES, AND AGENTS, IN BOTH THEIR PUBLIC AND PRIVATE CAPACITIES, FROM AND AGAINST LIABILITY FOR DAMAGE TO THE EXTENT THAT THE DAMAGE IS CAUSED BY AN ACT OF NEGLIGENCE INTENTIONAL TORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY A SUBCONTRACTOR OR SUPPLIER COMMITTED BY THE CONSULTANT OR THE CONSULTANT'S AGENT, ITS CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICH THE CONSULTANT EXERCISES CONTROL. XIII. Independent Contractor CONSULTANT's status shall be that of an Independent Contractor and not an agent, fiduciary, servant, employee or representative of CITY in the performance of this Contract. No term or provision of or act of CONSULTANT or CITY under this Contract shall be construed as changing that status. CONSULTANT will have exclusive control of and the exclusive right to control the details of its services performed hereunder, and shall be liable for the acts and omissions of its officers, agents, employees, contractors, subcontractors and architects and the doctrine of respondeat superior shall not apply as between CITY and CONSULTANT, its officers, agents, employees, contractors, subcontractors and architects, and nothing herein shall be construed as creating a partnership or joint enterprise between CITY and CONSULTANT. CITY and CONSULTANT 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, CONSULTANT shall fail to commence its services in accordance with the provisions of this Contract or fail to provide its services in accordance with the Standard of Care or fail to use an adequate number or quality of personnel to perform its services as is consistent with the Standard of Care or fail to perform any of its obligations under this Contract in accordance with the Standard of Care, then CITY shall have the right, if CONSULTANT 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 CONSULTANT's nonperformance as set forth herein, Structural Engineering Services Contract Jason Hart Engineering, PLLC Page 8 of 24 the cost to CITY to complete the services to be performed under this Contract is in excess of that part of the Contract sum which has not theretofore been paid to CONSULTANT hereunder, CONSULTANT shall be liable for and shall reimburse CITY for such excess but only to the extent caused by CONSULTANT in accordance with Texas Local Government Code section 271.904(a). CONSULTANT'S liability under this provision shall be limited to the total dollar amount of this Contract. CITY's remedies for CONSULTANT's failure to perform its services in accordance with the Standard of Care or other material breach under this Contract (after notice and an opportunity to cure) shall be one or more of the following remedies which may be exercised separately or in combination at CITY's sole exclusive choice: (a) Reserved; (b) Re -performance of those services not in accordance with the Standard of Care 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 CONSULTANT is required to purchase and maintain under this Contract plus any deductible amount to be paid by CONSULTANT in conjunction with said coverage regardless of whether CONSULTANT has actually purchased and maintained said coverage; or, (2) The total dollar amount of this Contract. The terms of Sections XII entitled Iwndemnification, and XVII entitled Confidential I_nformatio_n shall survive termination of this Contract. Notwithstanding any term or condition to the contrary, CONSULTANT shall not be liable for the acts, errors, or omissions of CITY, its agents, employees, contractors or consultants of any tier, or any person or entity under their supervision or control. IN RECOGNITION OF THE RELATIVE RISKS, REWARDS, AND BENEFITS OF THE PROJECT TO BOTH THE CITY AND CONSULTANT, THE RISKS HAVE BEEN ALLOCATED SUCH THAT THE CITY AGREES THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, CONSULTANT'S TOTAL LIABILITY TO THE CITY FOR ANY AND ALL INJURIES, CLAIMS, LOSSES, EXPENSES, DAMAGES, OR CLAIM EXPENSES ARISING OUT OF THIS CONTRACT OR THE SERVICES FROM ANY CAUSE OR CAUSES, WHETHER ARISING OUT OF CONTRACT, TORT, NEGLIGENCE, WARRANTY, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, SHALL NOT EXCEED THE CONSULTANT'S AVAILABLE AMOUNT OF PROFESSIONAL LIABILITY INSURANCE. Structural Engineering Services Contract Jason Hart Engineering, PLLC Page 9 of 24 XV. Changes 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 CONSULTANT shall be incorporated by written modification to this Contract. XVI. Conflict of Interest CONSULTANT covenants and agrees that CONSULTANT 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 CONSULTANT pursuant to this Contract will be conducted by employees, associates or subcontractors of CONSULTANT. XVII. Confidential Information CONSULTANT 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. CONSULTANT 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 received concerning City of Paris, its affiliates and subsidiaries, and all oral and written information received 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 provided by CITY which contain or otherwise reflect such information. The term "Confidential Information" shall not include such materials that (a) are or become generally available to the public other than as a result of disclosure of CONSULTANT, (b) are required to be disclosed by a governmental authority or pursuant to a properly submitted request under the Texas Public Information Act or other applicable law, (c) were known to CONSULTANT prior to its receipt from the CITY, (d) becomes known (independently of disclosure by CITY) to the CONSULTANT from a source other than one having an obligation of confidentiality to CITY. 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 CONSULTANT is otherwise notified: Structural Engineering Services Contract Jason Hart Engineering, PLLC Page 10 of 24 Todd Mittge, P.E. City Engineer City of Paris Post Office Box 9037 Paris, Texas 75461 Notices and communications to be mailed or delivered to CONSULTANT shall be sent to the address of CONSULTANT as follows, unless and until CITY is otherwise notified: Jason Hart, P.E. Jason Hart Engineering, PLLC 10404 Gooding Drive Dallas, TX 75229 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. 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. CONSULTANT 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 CONSULTANT'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 Structural Engineering Services Contract Jason Hart Engineering, PLLC Page 11 of 24 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 or CONSULTANT 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. XXV. 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 CONSULTANT) 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 CONSULTANT 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 CONSULTANT. Structural Engineering Services Contract Jason Hart Engineering, PLLC Page 12 of 24 XXVII. Incorporation of Provisions Reg uired 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 Opportunity In the performance of this Contract, the CONSULTANT 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 CONSULTANT, 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 ....' " r N ...:�.�..... a _, u; ^e .d':'.:.r" . u. � ... u I� � A 1 c 4 n re XXX. Mandator Non -Bo °cott and other Provisions CONSULTANT acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate. Pursuant to Section 2271.002 of the Texas Government Code, CONSULTANT 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. CONSULTANT acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate. Pursuant to SB 13, 87th Texas Legislature, CONSULTANT 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. CONSULTANT acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate. Pursuant to SB 19, 87th Texas Legislature, CONSULTANT 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. CONSULTANT acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate. Pursuant to Subchapter F, Chapter 2252, Texas Government Code, CONSULTANT certifies that CONSULTANT is not engaged in business with Iran, Sudan, or a foreign Structural Engineering Services Contract Jason Hart Engineering, PLLC Page 13 of 24 terrorist organization. CONSULTANT acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate. IN WITNESS WHEREOF, the parties hereto have set their hands by their representatives duly authorized on the day and year first written above. --------------------------------SIGNATURE PAGE FOLLOWS -------------------------------- Structural Engineering Services Contract Jason Hart Engineering, PLLC Page 14 of 24 ATTEST: Janice Ellis City Clerk APPROVED AS TO FORM: Stephanie H. Harris City Attorney CITY OF PARIS M. GRAYSONPATH City Manager Date Signed: JASON HART ENGINEERING, PLLC Name: Jason Hart, P.E. Title: President Date Signed: [Remainder of page left blank intentionally.] Structural Engineering Services Contract Jason Hart Engineering, PLLC Page 15 of 24 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 § This instrument was acknowledged before me on the -. day of , 20 , by JASON HART, in his capacity as President of JASON HART ENGINEERING, PLLC, a Texas Corporation, 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 _ ..........................._ITIT..............� County, Texas My commission expires Structural Engineering Services Contract Jason Hart Engineering, PLLC Page 16 of 24 Attachment "A" SCOPE OF SERVICES Mal' JASON HART ENG11114EERING pu,,,c MaY5,20124 'Todd Nuttse, F.B. City Engineer• city a Paris, TeXAS lss: SE V, sit Fahs, Texas n4il ?ropoW fdr Structural Fzan"ring Servites -. Structural Engineering Assessment Grand Theater, 211 =ar Avenue, Naris„ Texas, ThuLk you for the opportunity to subnut a proposal for the structural engmeering asu-ssment Cd Um Grand Theater m Paris. The theater was constructed in 2936-1937, Lnd thA =ain entrance (arid marquee) is on Lamar Ax true even though the theater itself is a buUding that is between Lamau Avenue and Houston Street, A corfidar coma" ts the can tranceto the theate: lobb) � and main sWrs up to the balcony, Edift L Aenal viour of Ckwid 7heater arid swrrunda-4 buadrV 51/1111111"I'liEl", r 1111"'1111111F 7 Structural Engineering Services Contract Jason Hart Engineering, PLLC Page 17 of 24 Fodd Mittge, P.E' Fwposal , Shuchazal Engineering Assessanent,'", (Tand Theaterjrlans, Texas Mar, �' 202"i E 2, Marquee avi Hwitw aitiance rdit' 3, is `dor 6san Lauw Ave vnby to ftatex THEATER STRUCTURE Tbe tn"v!itairway and stage floor are ftamed with reinfbri:ed ccmcreleslabs and tMoms. The first., ficor seating wea And dw lobby ii a° Are icortcrete slab-on%rAde, Miie Damm -floor lobby, lrorhdor, hdoonvand r�olof aze reinforced concrete olob suppazted IT stluctulal steel Tama" 'iel. tnass" are the primary structural components of the balcony and the roof,'Ilve tnasses aresupported by steel coluncns encased in cararete. In genezat the bricL jxninwieferwalls are not load-bearutt" but the proposed structur�al Assmin:ent atay detennine that paitions of die masonry YvAL, support some secianclaq camponents, ExWbits 5 Nuo ugh 22, show the different axicas au d strue huAl conrlmnscift that were livinble duzing in prelimina'ay waki,t),%raugli of Ute theater on April 1, 20�24. Exhkd 4- Madn slaLrway Bft'WS- Sb%xtwal fraw4n& b,-knv th* Structural Engineering Services Contract Jason Hart Engineering, PLLC Page 18 of 24 Todd,h ittge,P„E, e — Straart=ad EnpneerinS Assessment — Grand Theatv, Paris. Texas Naar 5, 2024 rt Nta & a r cof frairmnS jOxnv Mage,hwrart cmm Ot itAp areai ma below ftr at aha,. /111111"'1161, e Structural Engineering Services Contract Jason Hart Engineering, PLLC Page 19 of 24 Todd, Mit'ge, PI Proposal — Stru&jria En Assess=ient — Grand 7heatez, Paris, Texas MAY, 5,'202- Structural ,:02-1 EXI&it 13, RO& bautns 90've hacmw � 14. Fast %-AB of xtiff stmm'ay Exhftnt IS, 7 heabn soaih wZ E�dd* 16 Ee� sWe of theatn MWI of sUMP E 17, Dkrdhmid %vsN miles of Lheda Structural Engineering Services Contract Jason Hart Engineering, PLLC Page 20 of 24 Todd I«Iittje, F.E. arc posal � —Stm&axal Enguie*ring Asssent- Grand Theatez, Faris, Texas May, 3, 2024: In mrty prehminwy w&Btluough, some of the t},pes of struchual issues lobserved are: Grads in reinforced c=cTete slabs and beams DeL=iinated concrete in slabs and beams Ex sed steel rebar L%af has corrosion Conasion cat's tructur &I steel components, including the main trusses 'ainage to the masonn,, walls EkNht 18 T#vqvrAry awd Elkjild M cra& in ccowsCp nxi, Uttit M, stee� tvart Mcawd in Cw%=t* E�&dbkt 2L Ewith conomm t` bit 21 Ccerosicat imstreel Ivam Structural Engineering Services Contract Jason Hart Engineering, PLLC Page 21 of 24 I odd Nfitje, R E, Proposal -Struclurd EnoeeringAssessment -Grand 1heater, Faitm Texas MaT 20-4 OBJECME & SCOPE Rasvl on my discussimu with Ure Cftmf of taut sr, my wall,through of 1h biffldinrp ost April 1, 202 k and my ex1mrionice with struchAral enguteermi; Assesoments of othei pip -19-W Imildirigs my wtdierstandutS is tlutthLs asoftsumiatis one of the stel!is in the process of remnafing the theater so tbAt it is sate for pubbc occupancy. The objective aid siimlv of thms prop W.jed stnictmal assessmerd is not todesign Ow g!epAirs or additional structuxal components that may be need'ed tax occupang, but instead to: Donsment tlw shurtural, s " ipthtTmftw stomsat !1m%Rgravity and kvind leads 6inL wrk o the fm oldation, and We1111've accessibIt, measure the strucbmal frammg, Ferfonn bmited structural jaialvses for pitmay struchuml uvembers and compare t1w meiiabors" cApacities to the airrent buildingcodle-prescribod design 1hv loaft Slap floors ISO Fdf AssembIv areas with awf seats 60 pst Balcony seating Ams 90 list Lobbies IE*,Psf Bi'dicony corridor's IW P'.f Stotes and exit wAys I CO psi Restr(mmis WFI;f Theater pmojection rooms 160: P'j Roof 20psf Awmmp &: campies 10 1 W Doasment structwal deficiencies observed dunng 11ho Assess-cment. Piavidemelcommendations fin repair cir reinforcemvid: mekbods for deficient structural COMFIOD'escts, Frepazean Opinion of Probable Ccatstmchon most: 410FCC) thAt is intinuled to provide, a cost estimate of stnmWial repairs tha,t isi,if-35 1wricent accurAto, SERVICES Task 1. Gri-she vilual Onerwation 41111 Illumutmttmmg interior and exlenor. Mie purpose isk tha observation mill be to identify ameas %,h#m Uidestnichual frAndnf; and thp latae appear to be distressed, nuriz% the obserration, meastarements relent ant to futuro strum hiral am4ois wiU be obtaimi in artaswhere t1w structural rime mints Are micossible. Task 2. Stmctural enginvering asseisment and lintited striactura] anAlysis to W entify portions of tht StniChM 11tat,Mata 11Af to hAre suffident capainty to support the design loads prescribed bv Me current bmiddir code oz bj aredistressed anirVor havf bondfhdcient stnictural caindty, Structural Engineering Services Contract Jason Hart Engineering, PLLC Page 22 of 24 ToddMittge, ?'E Proposal - St:uctw al Eng'neerizg Assessment - Grand Theater, Paris, Texas Mar S. 2024 T&sk 3. Prepare & StructurLI Assessment Report that documents eit findingsauid conch== from Tasks I and 2. Recommendations for next steps will be included in the Repoq� The Report vas mu andu&e banc roof, balcony and ground floor plans where, specific issues are referenced so the Assessment can lead directly to the design of repairs if that is the Cit�"'s de=ed next step. The report u7ill also include the OPCC,, T"*.tk 4 (optionW: Present the Structural Assessment Report in Paris. The important ffaulings, cone hisions, and recommendalicm will' he discussed in personut Paris, FEE & SCHEDULE The profit can be completed four` the fee shown below based on the follavving scludule: Task Tasl 1: On-site visual ob s*rvation Task 21. Struchrial engineenng assessment s2qM�:So 5vi7eeIs 7_49�11 - �Prel are �rll C I rt . .... . ...... . . .... - Task -1 toptional): Present Report in Paris S4,500 1 week to Prepare The fees listed above include expenses for travel and project -specific PPE. Follow -4 tive final Tas,l addressed bly this proposal,, additional services can be perfomed upon reclut-st at a rate of S:S0 per hour, plus travel expenses. INSURANCE hzson Raft Engineering holds tiw following insurance polides: Ccaruneicial General Liability Sl, 0M,ou" each Mcurrenckf S2,000"M aggresafe ProleziorW llabWty SI,0WWD each ccc-uzrencej S_',CWN0 aggregate Automobile Lialiffitv Workors Compensation I lel: fanvard to working with the Cihr of Paris an this project, It you have any queStions, a fflis Pray sal„ Please let =e, know Tason.Haft Engineering PLL,C Texas PE Firm No,, S_n0 M PAU,' Structural Engineering Services Contract Jason Hart Engineering, PLLC Page 23 of 24 Attachment "B" PAYMENT SCHEDULE All fees not to exceed without prior approval. For and in consideration of Basic and Special Services to be rendered by CONSULTANT, CITY agrees to pay, based on the fees indicated below, with the total fee not to exceed TWENTY- NINE THOUSAND AND THREE HUNDRED FIFTY AND NO/100 DOLLARS ($29,350.00). Partial payments to CONSULTANT will be made on the basis of monthly statements rendered to and approved by the CITY; however, under no circumstances shall any monthly statement for services exceed the value of work performed at the time a statement is rendered. Payment for the services shall be due and payable within one month of submission of a statement for services. A summary of the fee is as shown below: BASIC..SERVICES I. CONSULTATION AND PRIORITIZATION SERVICES (100% of Total Basic Service Fee) _ $29,350.00 II. PRELIMINARY ENGINEERING SERVICES (N/A% of Total Basic Service Fee) _ $N/A II. FINAL DESIGN SERVICES (N/A% of Total Basic Service Fee) _ $N/A III. BID PHASE SERVICES (N/A% of Total Basic Service Fee) _ $N/A IV. CONSTRUCTION ADMINISTRATION (N/A% of Total Basic Service Fee) _ $N/A TOTAL BASIC SERVICES FEE _ $29,350.00 SPECIAL SERVICES V. N/A = $N/A TOTAL SPECIAL SERVICES FEE _ $N/A TOTAL SERVICES TOTAL SERVICES FEE _ $29,350.00 It is specifically understood and agreed that CONSULTANT shall not be authorized to undertake any work pursuant to this Contract which would require payment by the CITY for any charge, expense, or reimbursement above the fee as stated herein without obtaining prior written authorization from the CITY. Structural Engineering Services Contract Jason Hart Engineering, PLLC Page 24 of 24 Item No. 14 Memorandum TO: Mayor, Mayor Pro -Tem & City Council Grayson Path, City Manager FROM: Janice Ellis, City Clerk SUBJECT: GENERAL ELECTION CANVASSING OF RETURNS FOR DISTRICT 2, ACKNOWLEDGING RESULTS OF PRIOR COUNCIL ACTION FOR COUNCIL DISTRICT 1, 3, & 6; AND DECLARING CANDIDATES FOR COUNCIL DISTRICTS 1, 2,3 & 6 ELECTED TO OFFICE DATE: May 13, 2024 BACKGROUND: On January 22, 2024, by Resolution Number 2024-005, City Council ordered the Regular Municipal Election for the purpose of voters to elect Council Members from Districts 1, 2, 3 & 6. STATUS OF ISSUE: On February 21, 2024, the City Clerk issued a Certificate of Unopposed Candidates for Districts 1, 3, & 6. On May 4, 2024, a General Election was held in the City for the purpose of electing one Council Member to District 2. A total of 35 votes were cast, with Kelvin Hicks receiving a total of 10 votes and Reginald B. Hughes receiving a total of 25 votes. BUDGET: N/A RECOMMENDATION: Approve a Resolution declaring Shatara Moore elected to serve as City Council Member for District 1; declaring Reginald B. Hughes elected to serve as City Council Member for District 2; declaring Gary Savage elected to serve as City Council Member District 3; and declaring Alix Putnam to serve as City Council Member for District 6. Summary Results Report May 4, 2024 Joint Election City Council Dist 2 City of Paris Vote For 1 Kelvin Hicks Reginald B. Hughes Total Votes Cast _ Contest Totals Trustee Chisum ISD Vote For 3 James Weems Paul Hutto,,, Cody Jones Judd Oats w Larry Rickman David Barnes Total Votes Cast Contest Totals Trustee, Place 1 Paris ISD Vote For 1 TOTAL Absentee Early Election 0 0 Voting Day 10 2 5 3 25 4 13 „ 8 35 6 18 11 35 6 18 11 TOTAL Absentee 0 0 0 D 0 0 0 0 0 0 0 0 0 0 0 0 TOTAL Absentee LaWanda J. Ladell 6.4 4 Renae Stone 31 4 Total Votes Cast 95 8 Contest Totals, 95 8 School Board Trustee NLISD Vote For 2 TOTAL Absentee Clint Spencer 275 .... 45 Joel Sanders 151 27 Josh Craig 91 6 Emma Osborne Jones 62 .8 Total Votes. Cast 579 86 Contest Totals 666 114 Mayor, City of Blossom Vote For 1 Philip Bolton Jeff Stover , Total Votes Cast Contest Totals Early Election Voting Day 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Early Election Voting Day 43 17 22 5 65 22 65 22 Early Election Voting Day 167 63 92 32 58 .....27 41 13 358 .__....135 0 404 148 TOTAL Absentee Early Election Voting Day 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Election Summary - 05/04/2024 6:16 PM Report generated with Electionware Copyright © 2007-2020 UNOFFICIAL RESULTS Lamar County 2of2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, CANVASSING THE RETURNS FOR THE MAY 4, 2024 GENERAL ELECTION FOR COUNCIL DISTRICT 2; DECLARING THE WINNER IN SAID ELECTION; ACKNOWLEDGING THE RESULTS OF PRIOR COUNCIL ACTION DECLARING CANDIDATES AS ELECTED TO OFFICE FOR COUNCIL DISTRICTS 1, 3, AND 6 AS A RESULT OF HAVING BEEN UNOPPOSED FOR ELECTION TO OFFICE; DECLARING THE TERMS OF OFFICE FOR THE AFORESAID CANDIDATES; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris, Texas, did heretofore, on the 22nd day of January, 2024, by Resolution No. 2024-005, order the regular municipal election for the City of Paris to be held on the 4th day of May, 2024 by the qualified voters in Districts 1, 2, 3, and 6 of the City of Paris for the purpose of electing City Council Members from said Districts; and, WHEREAS, the City Clerk, being the authority responsible for having the official ballot prepared, has previously certified, in writing that the candidates for election as City Council Members for Districts 1, 3, and 6 were unopposed for election to office with no write-in candidates being declared and there were no propositions to appear on the ballot; and, WHEREAS, on February 21, 2024, the City Council of the City of Paris, Texas, by Ordinance No. 2024-010 did, pursuant to the authority granted in the Texas Election Code Section 2.053, deem it appropriate that the candidates for election as City Council Members for Districts 1, 3, and 6 be declared elected to office and that no election should be held in those Districts; and, WHEREAS, as a consequence of said Ordinance No. 2024-010, the candidate for District 1, the same being Shatara Moore, the candidate for District 3, the same being Gary Savage, and the candidate for District 6, the same being Alix Putnam, were declared elected to office; and, WHEREAS, pursuant to Resolution No. 2024-005, an election was held by the qualified voters of District 2 of the City of Paris, Texas, on the 4th day of May, 2024 for the purpose of voting for and electing a Council Person to serve as a member of the City Council from District 2 for the ensuing two (2) years; and, WHEREAS, sealed returns of said election for District 2, made by the duly appointed and designated election officials of and for the respective voting box, having been made to the Mayor and City Council of the City of Paris as required by law, which returns after due and deliberate review and canvass thereof, show the results as summarized herein; 1 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 in Council District 2 a total of 35 votes were cast for candidates for Council Member as follows: Total Kelvin Hicks 10 Reginald B. Hughes 25 Absentee Early Voting Election Dai 2 5 3 4 13 8 Section 3. That, from the above and foregoing canvass of the returns of the votes in Council Member District 2 for the respective voting box in such election, it is declared and determined that Reginald B. Hughes is the person receiving the highest number of votes cast at such election for Council Member from District 2 and is therefore elected to serve as a Council Member from District 2 of the City Council of the City of Paris for the next ensuing two (2) years. Section 4. That, in accordance with Ordinance No. 2024-010 (which, in compliance with state law and the certification of the City Clerk, declared elected to office the candidates for Council Districts 1, 3, and 6,), the following Council Members have been previously declared elected to office, certified as having been authorized to serve in said position, and are hereby designated as Council Members for Districts 1, 3, and 6 in accordance with state law for the next ensuing two (2) years, such terms to begin immediately following the adoption of this resolution as follows: Council Member from District 1 - Shatara Moore; Council Member from District 3 - Gary Savage; and Council Member from District 6 - Alix Putnam. Section 5. That the aforesaid action in canvassing the returns and declaring the results and recognizing the prior declarations of election to office of the aforementioned Council Members shall be and is hereby conditioned upon the aforesaid candidates otherwise complying with all the requirements of state law and the City Charter, following the administration of any and all necessary oaths and other requirements as shall be specified by City Charter or State law. Section 6. That this resolution shall be effective from and after its date of passage. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Paris in regular session convened pursuant to the directions of the Election Code of the State of Texas and the Open Meetings Act of the State of Texas, this 13th day of May, 2024. 2 Reginald B. Hughes, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney Item No. 16 FAR i h" a ��� �IV �m TO: Mayor, Mayor Pro -Tem & City Council Grayson Path, City Manager FROM: Janice Ellis, City Clerk SUBJECT: CERTIFICATE OF ELECTION, STATEMENT OF ELECTED OFFICER AND OATH OF OFFICE TO NEWLY ELECTED COUNCIL MEMBERS DATE: May 13, 2024 BACKGROUND: On February 21, 2024, the City Clerk issued a certificate of unopposed candidates for Districts 1, 3, & 6. On February 21, 2024, by Ordinance Number 2024-010, City Council declared candidates Shatara Moore (District 1), Gary Savage (District 3) and Alix Putnam (District 6) as unopposed candidates and cancelled the General Elections in Districts 1, 3,& 6. On May 4, 2024, the General Election was held in District 2 and Reginald B. Hughes received the majority of the votes. STATUS OF ISSUE: Pursuant to State Law, a certificate of election shall be issued to each candidate who is elected to office; each elected officer shall execute a statement of elected officer; and each elected officer shall take the oath of office prior to taking office. BUDGET: N/A RECOMMENDATION: An oath of office will be administered to each elected officer. Item No. 17 TO: Mayor, Mayor Pro -Tem & City Council Grayson Path, City Manager FROM: Janice Ellis, City Clerk SUBJECT: ELECTION OF MAYOR AND MAYOR PRO -TEM DATE: May 13, 2024 BACKGROUND: Following the acknowledgement of the result of prior Council action declaring Candidates for Council Districts 1, 2, 3 & 6 elected to office and administering of Oaths, the City Council will be seated for the upcoming year. STATUS OF ISSUE: Section 14 of the City Charter requires that the newly comprised City Council shall elect from among its members a Mayor and Mayor Pro -Tem. BUDGET: N/A RECOMMENDATION: Elect a Mayor and a Mayor Pro -Tem to serve for one year. TF.Xv,S Memorandum Item No. 18 TO: Mayor, Mayor Pro -Tem and City Council Grayson Path, City Manager FROM: Duke McGee, Building Official, Assistant Director Community Development SUBJECT: Conduct a public hearing to consider and take action regarding the petition of Matt Merritt on behalf of James Martinez/Alec Outdoor Advertising, LP for a Specific Use Permit (SUP)- Tattoo Shop in a Planned Development District (PD), in the SSLA Commercial Addition, Lot PT 1, LCAD 18789, located at 2775 NE Loop 286. MTG. DATE: May 13, 2024 BACKGROUND The applicant proposes to add a tattoo service shop in suite # 3 of an existing multi -use structure. Interior building space layouts and drawing are attached with the applicant's submitted application for this project ANALYSIS Section 12-100 of the Zoning Ordinance requires that "The City Council of the City of Paris, Texas, after public hearing and proper notice to all parties affected and after recommendations by the Planning and Zoning Commission may authorize the issuance of specific use permits for the following types of uses in the following districts: (56) Tattoo Shop and Body Piercing Shop in the GR, CA, and PD districts Section 12-101 further requires that: "The city staff shall review and recommend said Special Use Permit request and the Planning and Zoning Commission in considering and determining its recommendation and the City Council on any request for a Specific Use Permit shall require from the applicant Site plans and supportive plans, information, operating data and expert evaluation concerning the location, function and characteristics of any building or use proposed. The City Council may, in the interest of the public welfare and to assure compliance with this ordinance, establish conditions of operation, location, arrangement and construction of any use for which a permit is authorized. In authorizing the location of any of the uses listed as Specific Use Permits, the City Council may impose such development standards and safeguards as the conditions and location indicate important to the welfare and protection of adjacent property from excessive noise, vibration, dust, dirt, smoke, fumes, gas, odor, explosion, glare, offensive view or other undesirable or hazardous condition." INPUTS No inputs have been received to date P & Z RECOMMENDATION P&Z Voted 6-0 to approve the SUP for tattooing with conditions RECOMMENDATION Staff recommends approval of the (SUP) in the Plan Development District (PD) to include the use of tattooing, subject to the following conditions: 1. Update Certificate of Occupancy to include Tattoos. 2. The business owner shall comply with all required Federal, State and Local laws. 3. The SUP shall terminate upon the vacation of the premises and discontinuance of the use at this location. 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 ALLOW A SPECIFIC USE PERMIT (SUP) FOR A TATTOO SHOP IN A PLANNED DEVELOPMENT DISTRICT (PD) IN THE SSLA COMMERCIAL ADDITION, LOT PT OF 1, LCAD NO. 18789, LOCATED AT 2775 NE LOOP 286; 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 for a specific use permit (SUP) for a Tattoo Shop in a Planned Development District (PD) in the SSLA Commercial Addition, Lot PT of 1, LCAD No. 18789, located at 2775 NE Loop 286; and, WHEREAS, on May 6, 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 for an SUP for a Tattoo Shop in a Planned Development District (PD), and, following said hearing, made formal recommendation to the City Council to approve the requested specific use permit subject to the following conditions: 1. Update Certificate of Occupancy to include Tattoo Shop. 2. The business owner shall comply with all required federal, state, and local laws. 3. The SUP shall terminate upon the vacation of the premises and discontinuance of the use at this location. WHEREAS, on May 13, 2024, following notice and publication as required bylaw, 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 specific use permit with the stated conditions would be consistent with the Comprehensive Future Land Use Plan of the City of Paris, consistent with the City Zoning Ordinance, and 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 and are incorporated herein for all purposes. 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 allow a specific use permit (SUP) for a Tattoo Shop in a Planned Development District (PD) in the SSLA Commercial Addition, Lot PT of 1, LCAD No. 18789, located at 2775 NE Loop 286, subject to the following conditions: 1. Update Certificate of Occupancy to include Tattoo Shop. 2. The business owner shall comply with all required federal, state, and local laws. 3. The SUP shall terminate upon the vacation of the premises and discontinuance of the use at this location. 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 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 8. This ordinance shall become effective from and after its passage and publication as required by law. PASSED AND ADOPTED on this 13th day of May, 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. 19 FA r �I I � � dpi Yf ��� TO: Mayor, Mayor Pro -Tem & City Council Grayson Path, City Manager FROM: Richard Salter, Chief of Police SUBJECT: RESOLUTION EXTENDING THE CITIES PARTICIPATION AND MANAGEMENT OF THE MOTOR VEHICLE CRIME PREVENTION AUTHORITY GRANT FOR FY -2025. DATE: May 13, 2024 BACKGROUND: For several years the Paris Police Department has benefited from the Texas Motor Vehicle Crime Prevention Authority (MVCPA) Grant. The Texas Motor Vehicle Crime Prevention Authority (MVCPA) exists to empower local law enforcement agencies and communities to combat and prevent statewide motor vehicle crime. The MVCPA is an evidence based, strategy driven, and community -centric network to support regional taskforces, improve coordination, deploy equipment and provide clear messaging to end motor vehicle crime. The Authority seeks to support regional and statewide law enforcement responses to obtain best outcomes for Texas. MVCPA fosters a statewide collaborative network to combat motor vehicle burglary, motor vehicle theft and fraud -related motor vehicle crime. MVCPA also funds education campaigns to inform automobile owners of methods to prevent motor vehicle burglary or theft. MVCPA issues funding grants to law enforcement agencies (referred to as Taskforces) and educates the public to act and use prevention techniques to fulfill its mission. MVCPA uses the appropriated funds to provide effective coverage of the state through the cooperative network of law enforcement groups, prosecutors, insurance industry representatives, local tax assessor - collectors, and concerned citizens to combat motor vehicle crime through enforcement, prevention, public information, and education initiatives STATUS OF ISSUE: In an effort to extend and expand the Northeast Texas Auto Theft Task Force, the Paris Police Department, Lamar County Sheriff's Office, Hopkins County Sheriffs Office and the New Boston Police Department will collaborate on a full-time basis within this task force. All agencies agree to accept the responsibility for their respective commitments and adhere to all applicable federal, state, and local laws or regulations, as well as all grant rules and conditions. The task force is currently staffed by one Paris Police Department detective, one Lamar County Sheriff Detective, one Hopkins County Sheriff's Deputy and a New Boston Police Department Investigator who collectively provide assistance to law enforcement agencies in a defined nine (9) county coverage area. The FY -2025 MVCPA Grant Application will maintain these staffing levels and will also be open to expansion by amendment for other interested regional law enforcement agencies. The task force will adopt or assist in the investigation of any auto theft or burglary of motor vehicle case at the request of any agency in the coverage area. The task force will conduct DMV68-A inspections for the coverage area, and assist DMV offices with investigations involving Title Fraud. The Paris Police Departments requests City Council Approval for the attached Inter -Local Agreement. BUDGET: There is no unanticipated impact to the budget of the Police Department. RECOMMENDATION: Conduct a public hearing and approve the resolution. RESOLUTION NO. 2024- A RESOLUTION OF THE CITY COUNCIL OF PARIS, TEXAS, APPROVING THE SUBMISSION OF AN APPLICATION FOR AN EXTENSION OF A MOTOR VEHICLE CRIME PREVENTION AUTHORITY (MVCPA) GRANT FOR CONTINUATION OF THE NORTH EAST TEXAS AUTO THEFT TASK FORCE; APPROVING A CASH MATCH FROM THE CITY OF PARIS IN CONNECTION WITH SAID GRANT EXTENSION; AUTHORIZING THE EXECUTION OF ANY AND ALL DOCUMENTS NECESSARY FOR ACCEPTANCE AND IMPLEMENTATION OF SAID GRANT UPON NOTICE THEREOF; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, under the provisions of the Texas Transportation Code Chapter 1006 and Texas Administrative Code Title 43, Part 3, Chapter 57, entities are eligible to receive grants from the Motor Vehicle Crime Prevention Authority to provide financial support to law enforcement agencies for economic automobile theft enforcement teams and to combat motor vehicle burglary in the jurisdiction; and WHEREAS, the Northeast Texas Auto Theft Task Force has a coverage of 8,000 square miles which covers most of northeast Texas, responsible for investigating all auto thefts, burglary motor vehicle, and related crimes, whether covert or overt; and WHEREAS, the Task Force performs inspections on salvage yards, dealers, repair shops, and scrap metal yards; and WHEREAS, this grant program will assist the City of Paris Police Department in combatting motor vehicle burglary for fiscal year 2025 (September 1, 2024 - August 31, 2025); and WHEREAS, Since 1994, with the assistance of the Auto Burglary and Theft Prevention Authority, the Northeast Texas Auto Theft Task Force has been in existence under this grant to combat motor vehicle burglary and theft; and WHEREAS, City of Paris agrees that in the event of loss or misuse of the grant funds, City of Paris assures that the grant funds will be returned in full to the Motor Vehicle Crime Prevention Authority. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, THAT: Section 1. The findings set out in the preamble to this resolution are hereby in all things approved and incorporated herein by references for all purposes. Section 2. That the City Council of the City of Paris, Texas designates Grayson Path, City Manager, as the authorized official to apply for, accept, decline, modify, or cancel the grant application for the Motor Vehicle Crime Prevention Authority Grant Program and all other necessary documents to accept said grant; and Section 3. That Richard Salter, Chief of Police, is designated as the Program Director and Gene Anderson, Finance Director, is designated as the Financial Officer for this grant. PASSED AND APPROVED this 13th day of May, 2024. Reginald Hughes, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney Item Nos. 20 & 21 TO: Mayor, Mayor Pro Tem and City Council Grayson Path, City Manager Robert Vine, Deputy City Manager FROM: Doug Harris, Assistant City Manager SUBJECT: Agreements with Paris Texas Pickleball and Pro Tech Track & Tennis, Inc. for Construction of Pickleball Courts DATE: May 13, 2024 10.1 e] "to]0111a"I In October 2023 Paris Texas Pickleball approached City staff to inquire about the possibility of constructing eight (8) pickleball courts at the City of Paris Sports Complex. A meeting was held on Tuesday, October 24, 2023, to discuss this request; attending the meeting were Councilman Gary Savage, Michael Smith, Director of Public Works, Bill Loranger, Parks Superintendent, Sue Hays and Tommy Felty, representing Paris Texas Pickleball, and Doug Harris, Assistant City Manager. During this meeting Sue Hays and Tommy Felty explained Paris Texas Pickleball would cover all costs of the project if the City would set aside property in the Sports Complex for construction of the courts, while the City will retain ownership of the property, newly constructed facilities, and maintenance of the courts. At the November 13, 2023 City Council meeting, a presentation was made on the proposal from Paris Texas Pickleball, with a request for Council to provide direction to staff on moving forward with the project. The consensus of the City Council was for staff to move forward on negotiations with Paris Texas Pickleball for construction of courts in the Sports Complex and bring agreement(s) back to City Council for consideration. Following direction from Council a series of coordination meetings were held between Paris Texas Pickleball and City staff, Councilwoman Shatara Moore and Councilman Gary Savage participated in the planning meeting held on January 12, 2024. The goals of these meetings were to determine a suitable location for the courts at the Sports Complex, identify and select a contractor for construction of the project, obtain project cost estimates, determine design aspects of the facility, explain the process for drafting agreements with both the selected contractor and Paris Texas Pickleball, and resolve any questions regarding the process for initiating the project. The contractor who recently completed a project of converting an existing tennis court into four (4) pickleball courts for the City in Culbertson Park was initially selected to complete the courts in the Sports Complex, but scheduling conflicts within their business operations resulted in the need for choosing an alternate contractor. Joe Phillips, owner of Pro Tech Track & Tennis, Inc. met with Paris Texas Pickleball and City staff on April 11, 2024. Mr. Phillipsexplained his company is a member of The Interlocal Purchasing System (TIPS -USA), a purchasing cooperative, and described the professional experience his company has in the construction of pickleball courts. Pro Tech provided a design, scope of work and cost estimate to Paris Texas Pickleball and City staff. Following careful consideration, Pro Tech Track & Tennis, Inc. was selected as the contractor for the project. STATUS OF ISSUE: The City Attorney has drafted two (2) agreements for construction of eight (8) pickleball courts, and accessories, at the City of Paris Sports Complex. The first agreement is between Paris Texas Pickleball and the City of Paris, outlining the obligations assigned to each and detailing their funding of the project. The second agreement is the construction contract between Pro Tech Track & Tennis, Inc. and the City of Paris. The construction contract identifies the scope of work for construction of eight (8) pickleball courts, in the amount of $547,839.96. Both agreements are attached to this memorandum. BUDGET: $547,839.96 for the construction of eight (8) pickleball courts, and accessories, at the City of Paris Sports Complex. Paris Texas Pickleball will fund the project with two (2) payments to the City of Paris, initial payment in the amount of $383,487.97, representing seventy percent (70%) of the total construction contract, within five (5) business days of the execution of the agreement, and final payment of $164,351.99, representing the remaining thirty percent (30%) of the total construction contract, within five (5) business days of written notice from the City. Pro Tech Track & Tennis, Inc. will invoice the City directly for the total construction contract, and will be paid by funds received from Paris Texas Pickleball. RECOMMENDATION: 1. Approve the agreement between Paris Texas Pickleball and the City of Paris for their funding construction of eight (8) pickleball courts at the City of Paris Sports Complex, in the amount of $547,839.96, and authorize the City Manager to execute the agreement. 2. Approve a construction contract with Pro Tech Track & Tennis, Inc., in the amount of $547,839.96, to construct eight (8) pickleball courts at the City of Paris Sports Complex, and authorize the City Manager to execute the contract. AGREEMENT Between the City of Paris, Texas and Paris Texas Pickleball. Re: Construction of Eight Pickleball Courts and Associated Fixtures at City of Paris Sports Complex This Agreement is entered into by and between the City of Paris, Texas, a Texas Home Rule Municipal Corporation ("City") and Paris Texas Pickleball, a Texas non-profit corporation, for the construction of eight (8) pickleball courts and associated fixtures (the "Project" or the "Improvements") at the City of Paris Sports Complex located at 2005 Collegiate Drive, Paris, Texas 75460 (the "Complex"). WHEREAS, the sport of pickleball is surging in popularity across the nation and in Paris, Texas; and WHEREAS, the City lacks a sufficient number of pickleball courts to satisfy demand; and WHEREAS, a group of pickleball enthusiasts has incorporated under the name Paris Texas Pickleball ("PTP") as a non-profit corporation dedicated to furthering the sport in Paris and to raising funds to construct new courts; and WHEREAS, the City owns undeveloped property at the Complex compatible with the construction of pickleball courts; and WHEREAS, PTP has raised funds sufficient to cover the cost of eight (8) pickleball courts and associated fixtures and improvements at the Complex; and WHEREAS, the parties have identified PRO TECH TRACK & TENNIS, INC. ("Contractor') via The Interlocal Purchasing System ("TIPS"), a cooperative purchasing system of which the City is a member, and have agreed to engage Contractor to construct the Improvements on the land at the Complex at the total cost to PTP of $547,839.96; WITNESSETH: I. Effective Date 1.1 This Agreement shall take effect on May 13, 2024. II. Recitals 2.1 The Recitals set forth above are incorporated by reference as if fully set forth herein. III. Definitions 3.1 The following terms shall be defined as follows: "City" shall mean the City of Paris, Texas. "Complex" shall the City of Paris Sports Complex located at 2005 Collegiate Drive, Paris, Texas 75460. "Construction Contract" shall mean a contract between City and the Contractor for the construction of the Project. "Contractor" shall mean PRO TECH TRACH & TENNIS, INC. of Tyler, Texas. "Final Payment" shall mean a payment from PTP to the City in the approximate amount of ONE HUNDRED SIXTY-FOUR THREE HUNDRED FIFTY-ONE AND 99/100 DOLLARS ($164,351.99). "Initial Payment" shall mean a payment from PTP to the City in the amount of THREE HUNDRED EIGHTY-THREE FOUR HUNDRED EIGHTY-SEVEN AND 97/100 DOLLARS ($383,487.97). "Project" or "Improvements" shall mean the construction of eight (8) pickleball courts and associated fixtures and improvements at the Complex. "Project Account" shall mean an account created by the City within its financial records and accounts for the sole purpose of depositing funds remitted by PTP, and from which the City will make the required payments to the Contractor. "PTP" shall mean Paris Texas Pickleball, a Texas non-profit corporation. "Total Cost" shall mean the total cost of the Construction Contract in the total amount of FIVE HUNDRED FORTY-SEVEN THOUSAND EIGHT HUNDRED THIRTY- NINE AND 96/100 DOLLARS ($547,839.96). IV. Term and Effective Date 4.1 The effective date of this Agreement shall be May 13, 2024. 4.2 The term of this Agreement shall be from its effective date until the date the City accepts the Improvements and makes its last payment to Contractor. V. Consideration 5.1 In exchange for the PTP's funding the Project in the amount of FIVE HUNDRED FORTY-SEVEN THOUSAND EIGHT HUNDRED THIRTY-NINE AND 96/100 DOLLARS ($547,839.96), the City will undertake the following obligations: a. Provide land at the Complex for construction of the Improvements; b. Enter into a construction contract with Pro Tech for the construction of the Improvements; C. Oversee construction of the Project and waive permitting and inspection fees; d. Accept the Improvements subject to the passing of all required inspections as sole property of the City; and e. From the date of acceptance of the Improvements, assume all maintenance obligations with respect thereto. VI. Eyndinq Provisions 6.1 Within five (5) business days of the execution of this Agreement, PTP will remit to City the Initial Payment in the amount of THREE HUNDRED EIGHTY-THREE FOUR HUNDRED EIGHTY-SEVEN AND 97/100 DOLLARS ($383,487.97). The Initial Payment represents seventy percent (70%) of the Total Cost of the Construction Contract, which amount will become due and owing by the City to the Contractor upon completion and inspection of the post -tension slab. The City and will deposit the Initial Payment in the Project Account pending payment to Contractor as set forth in the Construction Contract and in this paragraph. 6.2 Within five (5) business days written notice (which notice may be made by email) from the City, PTP will remit the Final Payment to the City in the approximate amount of ONE HUNDRED SIXTY-FOUR THREE HUNDRED FIFTY-ONE AND 99/100 DOLLARS ($164,351.99). The Final Payment represents the remaining thirty percent (30%) of the Total Cost of the Construction Contract, which amount will become due and owing by the City to the Contractor upon completion of the Improvements and the passing of any inspections required thereon. In the unlikely event that the second and last payment to the Contractor should be more or less than $164,351.99, the City will notify PTP and adjust the amount of the Final Payment upwards or downwards accordingly. The City will deposit the Final Payment in the Project Account pending payment of the last payment to the Contractor. 6.3 The City will be the named party on the Construction Contract and will be responsible for all aspects thereof including the forwarding payment due to Contractor thereunder. PTP will not be a named party in the Construction Contract, but will be responsible for the funding obligations set forth in this Section VI and for providing guidance and technical assistance as needed during the construction of the Improvements. VII. Conditions 7.1 The terms and conditions of this Agreement are binding upon and enforceable against and with respect to the successors and assigns of all parties hereto. 7.2 It is understood and agreed between the parties that PTP, in performing its obligations hereunder, is acting independently; the City assumes no responsibility or liability in connection therewith to third parties; and PTP agrees to indemnify and hold the City harmless therefrom. It is further understood and agreed among the parties that the City, in performing its obligations hereunder, is acting independently; PTP assumes no responsibility or liability in connection therewith to third parties. VIII. Authoritv to Contract 8.1 This Agreement was authorized by resolution of the City Council at its regularly scheduled meeting on the 13th day of May, 2024, authorizing the City Manager to execute the Agreement on behalf of the City. 8.2 This Agreement was entered into by PTP pursuant to the authority granted to the authorized official whose signature appears below. 8.3 This Agreement shall constitute a valid and binding Agreement between the City and PTP when executed in accordance herewith. IX. Legal 9.1 Amendment. No officer, official or agent of the City has the power to amend, modify or alter this Agreement or waive any of its conditions or to bind the City by making any promise or representation not contained herein. 9.2 Assignability. This Agreement, except by operation of law, shall not be assigned or transferred by Fikes without the prior written consent of City, which consent shall be at the sole discretion of the City. 9.3 Notice. Any written notice required or permitted under the terms of this Agreement shall be given and be deemed to have been duly served if either (1) delivered in person, or (2) deposited certified mail, return receipt requested, postage prepaid in the United States mail, addressed to the designated representative of the respective parties which are designated as follows: PTP: Paris Texas Pickleball Attn: CITY: CITY OF PARIS, TEXAS Attn: City Manager P.O. Box 9037 Paris, TX 75461-9037 With a co to:: City Clerk, City of Paris, Texas (address same as above) City Attorney, City of Paris, Texas (address same as above) 9.4 Severability. If any term or provision of this Agreement shall be declared unconstitutional or void by any court of competent jurisdiction, the constitutionality and validity of the remainder of said Agreement shall not be affected thereby, and to this end the terms and provisions of this Agreement are declared to be severable. 9.5 Entire A reement and Governin Law. This Agreement sets forth the entire understanding between the parties, and any other understandings or agreements shall be canceled and superseded by this Agreement upon the date of execution hereof. None of the terms of this Agreement shall be waived, discharged, altered or modified in any respect, except by an Agreement in writing signed by both parties and specifically referring to this Agreement. The captions in this Agreement are included for convenience only and shall not be taken into consideration in any construction or interpretation of this Agreement or any of its provisions. This Agreement is performable in Lamar County, Texas, and shall be governed by, construed and enforced in accordance with the laws of the State of Texas. The provisions of this Agreement shall apply to, bind and inure to the benefit of the City, Fikes, and their respective successors, and permitted assigns, if any. 9.6 Venue. Venue for any actions arising under this Agreement shall lie exclusively in the courts of Lamar County, Texas for any State Court action, and in the U.S. District Court for the Eastern District of Texas for any federal court action. 9.7 Draftin . PTP and the City have both contributed to the drafting of this Agreement, and no ambiguity, if any, contained in this Agreement shall be construed against either party. 9.8 Governmental Powers. It is understood and agreed that by execution of this Agreement, the City does not waive or surrender any of its governmental powers. 9.9 Non -Waiver. The failure of the City or PTP to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of the City's or PTP respective right to insist upon appropriate performance or to assert any such right on any future occasion. 9.10 Force Maieure. The City and PTP shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control (force majeure), including, but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority, transportation problems and/or any other similar causes. 9.1 No Waiver of Governmental Immunity. Nothing contained in this Agreement shall be construed as a waiver of City's governmental immunity, or of any damage caps or limitations imposed by law, or any other legal protections granted to City by law, except to the extent expressly provided or necessarily implied herein. 9.12 Mandato Ownership Disclosure Provision. PTP, 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 9.13 Mandato Anti -Boycott and Other Provisions. PTP acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate. i. Pursuant to Section 2271.002 of the Texas Government Code, PTP 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. Consultant acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate. ii. Pursuant to SB 13, 87th Texas Legislature, PTP 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. PTP acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate. iii. Pursuant to SB 19, 87th Texas Legislature, PTP 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 the Agreement. PTP acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate. iv. Pursuant to Subchapter F, Chapter 2252, Texas Government Code, PTP certifies it is not engaged in business with Iran, Sudan, or a foreign terrorist organization. PTP acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate. --Signature Page to Follow-- THE CITY OF PARIS, TEXAS Grayson Path, City Manager PARIS TEXAS PICKLEBALL By:_ Title: 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 § COUNTY OF § This instrument was acknowledged before me on the _ day of 2024, by of PARIS TEXAS PICKLEBALL, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged that she executed the same on behalf of Paris Texas Pickleball. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF , 2024. Notary Public County, My commission expires CONSTRUCTION CONTRACT—EIGHT (8) PICKLEBALL COURTS STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR § This Construction Contract—Eight (8) Pickleball Courts (the "Contract") is made and entered into by and between PRO TECH TRACK & TENNIS, INC., P.O. Box 8024, Tyler, Texas 75711, a Texas corporation (hereinafter referred to as "Contractor"), and the City of Paris, Texas, a home -rule municipal corporation (hereinafter referred to as "City") to be effective from and after the date herein provided. For and in consideration of the covenants and agreements contained herein, and for the mutual benefits to be obtained hereby, the parties hereto agree as follows: I. EFFECTIVE DATE The effective date of this Agreement shall be May 13, 2024. II. CONTRACT DOCUMENTS That the contract documents which are hereby made a part of this Agreement by actual attachment and are incorporated herein by reference hereto are as follows: Exhibit 1 Scope of Work Exhibit 2 Insurance Requirements 111. COMPLIANCE WITH COMPETITIVE BIDDING LAWS The parties hereto acknowledge that the City procured this Contract via interlocal agreement with The Interlocal Purchasing System (TIPS), thus satisfying competitive bidding laws. IV. THE WORK Contractor shall provide all labor, supervision, materials, and equipment necessary for construction of eight (8) pickleball courts at the City of Paris Sports Complex, in accordance with the Scope of Work attached hereto as Exhibit 1, provided, however, that in the event of a perceived conflict or ambiguity between the Contract and Exhibit 1, the provisions of this Agreement, the Contract shall control. The value of this Contract and the amount the City will pay to Contractor is FIVE HUNDRED FORTY-SEVEN THOUSAND EIGHT HUNDRED AND THIRTY-NINE AND 96/100 DOLLARS ($547,839.96), which amount includes accessories specified in Exhibit 1 in the amount of $60,548.00. V. TERMITIME OF COMPLETION Contractor shall commence work under this Contract within _ __ business days following receipt of a Notice to Proceed or work order from the City. Contractor agrees to complete all work called for under this agreement in a professional and timely fashion and in accordance with the work orders received, and in any event, no later than , 2024. VI. PAYMENT The City shall pay Contractor in current funds THREE HUNDRED EIGHTY- THREE FOUR HUNDRED EIGHTY-SEVEN AND 97/100 DOLLARS, representing seventy percent (70%) of the total contract price, upon completion of the post -tension slab including any necessary inspections. Contractor shall notify the City in writing when this occurs, and City shall make such payment within fourteen (14) days of such notification. The City shall pay the remaining thirty percent (30%) of the Contract price, in the amount of ONE HUNDRED SIXTY-FOUR THOUSAND THREE HUNDRED FIFTY- ONE AND 99/100 DOLLARS upon acceptance of the work. VII. INSURANCE AND INDEMNIFICATION Before commencing work, the Contractor, at its own expense, procure, pay for and maintain during the term of this Contract insurance in accordance with the requirements set forth in Exhibit 2 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. It is expressly provided that such insurance policy or policies shall and must be written and issued by a reputable insurance company or companies licensed to write insurance policies by the State of Texas. The policy or policies shall be written or endorsed to cover the City, its elected officials, officers and employees as additional insured. Contractor or its insurance carrier or carriers shall deliver a copy of any such policies to the City Clerk of the City of Paris, 150 1 st Street S.E., Paris, Texas 75460, or furnish to said City Clerk a current letter or certificate from such company or companies, evidencing the fact that such insurance is in full force and effect at all times during this Agreement, and any extensions hereof, and specifically noting thereon that the City, its elected officials, officers and employees are covered as an additional insured. All such policies shall be written so that the City will be notified of cancellation or of any restrictive amendment of the policies at least thirty (30) days prior to the effective date of such cancellation or amendment. Notice shall be by certified mail, return receipt requested, addressed to the City at the following address: City Clerk, City of Paris, P. O. Box 9037, Paris, Texas 75461-9037. The Contractor and its sureties shall defend, indemnify, and hold the City, its elected officials, officers and employees harmless from all suits, actions or claims of any character, name and description brought for or on account of any injuries or damages received or sustained by any person, persons or property on account of the operations of the Contractor, his agents, employees or subcontractors; or on account of any negligent act or intentional wrongful act or omission of the Contractor, his agents, employees or subcontractors in the performance of said contract; or on account of the failure of the Contractor to provide the necessary barricades, warning lights or signs; and Contractor and its sureties shall be required to pay any judgment, with cost including attorneys' fees, which may be obtained against the City growing out of such injury or damage. The Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless the City from and against any and all injuries, loss or damages to property of the City during the performance of any of the terms and conditions of this Contract, whether arising out of or in connection with or resulting from, in whole or in part, any and all alleged acts or omissions of officers, agents, servants, employees, contractors, subcontractors, licenses or invitees of the City. VIII. INDEPENDENT CONTRACTOR Contractor covenants and agrees that Contractor is an independent contractor and not an officer, agent, servant or employee of City; that Contractor shall have exclusive control of and exclusive right to control the details of the work performed hereunder and all persons performing same, and shall be responsible for the acts and omissions of its officers, agents, employees, contractors, subcontractors and consultants; that the doctrine of respondeat superior shall not apply as between City and Contractor, its officers, agents, employees, contractors, subcontractors and consultants, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Contractor. IX. TERMINATION City shall have the right to unilaterally terminate this agreement should Contractor abandon or fail to supplies sufficient materials, workers, and/or proper equipment as agreed and specified. Such termination shall be for cause, and upon such termination for cause, City will owe no further amounts under this Contract. Should Owner terminate this agreement without proper cause, Contractor will receive full value of the expenses and costs of work performed up to the date of termination. X. CHOICE OF LAW VENUE; CONTRACT INTERPRETATION The parties agree that the laws of the State of Texas shall apply to this Agreement, and that it is performable in Lamar County, Texas. The parties further agree that exclusive venue shall lie in Lamar County Texas. 3 XI. ENTIRE AGREEMENT; AMENDMENTS; SUCCESSORS AND ASSIGNS This Construction Agreement, including the contract documents listed in Article II herein, represent the entire and integrated agreement between City and Contractor, and supersedes all prior negotiations, representations, or agreements, either written or oral. This Construction Agreement may be amended only by written instrument signed by both City and Contractor. This Construction Agreement is binding upon and shall inure to the benefit of the parties hereto and their respective successors. XII. 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 i m f .,,. .���Il[im tate.t .its/filuITgr� XIII. MANDATORY ANTI -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, 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. 4 IN WITNESS WHEREOF, the parties hereto have set their hands by their representatives duly authorized on the day and year first written above. CITY OF PARIS, TEXAS LIM ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney Grayson Path, City Manager PRO TECH TRACK & TENNIS, INC., Contractor By: Joe William Phillips Owner/President ACKNOWLEDGMENTS BEFORE ME, the undersigned authority, on this day personally appeared Grayson Path, City Manager of the City of Paris, Texas, known to me to be the person whose same is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of May, 2024. Notary Public, State of Texas STATE OF TEXAS § COUNTY OF LAMAR § BEFORE ME, the undersigned authority, on this day personally appeared Joe William Phillips, Owner/President of PRO TECH TRACK & TENNIS, INC., known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of May, 2024. Notary Public, State of Texas EXHIBIT 1 rmeq l °J"011111ii T`E C h-ICONSTRUCTION CONTRACT APRIL 22, 2024 CITY OF PARIS 2005 S. COLLEGIATE STREET PARIS, TEXAS, 75460 RE: PICKLEBALL COURTS CONSTRUCTION (8) COURTS P R O T E C H T R A C K& T E N N I S, I N C. hereby agrees provide all labor, equipment, and materials to perform the following scope of work: SCOPE OF WORK - Provide all necessary dirt -work and needed soils to prepare site for post -tension slab placement. ✓ Pad to be prepared for the following placement: ✓ (2)136' x 64' post -tension slabs ✓ Remove 3-4 inches of grass and vegetation and stockpile at city of Paris site as specified by Bill Loranger ✓ Build pad as specified and drain to the Northwest corner, to release water by maintenance shed. Approximately 260 yards. Fill material topped with sand. ✓ Fine grade pad to slope +/-1% - Provide and install trench drain along the North side of courtfor proper drainage. - All necessaryflatwork as specified. ✓ 20'x 136' center walkway/seating area ✓ ADA ramp approximately 20'x 6' - Form, place, and finish (2)136' x 64'5 -inch -thick post -tension slabs. ✓ Provide and install vapor barrier before concrete installation. ✓ Provide post -tension inspection of cables and keyways prior to concrete pour. ✓ Provide post -tension stress following concrete pour. ✓ There will be a 30 day cure time once concrete pours are completed before coatings can be installed - Provide stamped engineered drawings. - Provide and install 568 LF 8ft Black vinyl fencing. ✓ 4 -inch corner and gate posts 10ft centers ✓ 3 -inch line posts ✓ Top and middle rail with bottom wire ✓ Install 4ft gates as specified. - Provide and install 656 LF Oft Black vinyl fencing. ✓ Top rail with bottom wire ✓ Install Oft gates as specified. - Provide and install Black 8ft fence slats in lieu of Windscreens - Provide and install Complete LS1 Courtsider Lighting System as specified. ✓ (12) light poles with (16) fixtures 5000K color temperature 448 Watts 60,000 Lumens ✓ Concrete footings and anchor bolts to be installed to specification of the engineered drawings. ✓ Electrical to be stubbed at a neutral location 5ft outside of slab. ✓ See attached lighting layout and specification. - Provide and (4) electrical outlets on (4) of the light poles as specified by OWNER - Provide and install Complete Acrytec Coloring System (OWNER to choose colors) ✓ Acid etch new concrete ✓ Prime concrete ✓ Level any areas which may hold water if needed PAGE 1 1 PO BOX 8024 TYLER, TEXAS 75711 903-570-7343 903-894-6461 'TACH ✓ Install Acrylic Resurfacer ✓ Install Color Coating System ✓ Stripe lines for Pickleball Acrytec Textured Line Paint Provide and install sleeved Pickleball nets and posts (8) sets ✓ Black internal wind SCOPE TOTAL : $476,550.00 COURT ACCESSORIES - Provide and install (4) 8ft surface mount Cabana Benches with Canopy ✓ 8ft in length 6ft in width ✓ Black powder coated heavy gauge steel posts 3'x 3' ✓ Pacific Blue canopy cover - Provide and install (4) sets 3 row bleachers H-4406 ✓ 15'x 5' x 2' with 30 person seating capacity each ✓ Placed in place on viewing/walkway - Provide and install (2) 20'x 14' shade canopies TC201411N ✓ T cantilever bleacher shade structure ✓ 11ft tall ✓ In ground embedded mount ✓ Glide elbow model ✓ Aquatic Blue color shade, Black Frame ACCESSORIES TOTAL: $60,548.00 COOPERATIVE FEES - TIPS USA requires a 2% fee of the project total TOTAL: $ 10,741.96 COSTS SUMMARY SCOPE OF WORK $476,550.00 COURT ACCESSORIES $60,548.00 TIPS USA FEES $10,741.96 BASE PROJECT GRAND TOTAL: $ 547,839.96 EXCLUSIONS - No Permits - No Testing - No Utilities - No Costs/Contingencies for underground utilities that have not been identified by OWNER. - No Allowances/Contingencies other than specified above. - No Temporaryfencing - No bonding - No additional electrical other than what is specified in the "Scope of Work" PAGE 12 PO BOX 8024 TYLER, TEXAS 75711 903-570-7343 903-894-6461 TECH CONDITIONS - PRO TECH TRACK & TENNIS, INC to provide general liability, automotive and workman's compensation insurance coverage as required. - PRO TECH TRACK & TENNIS, INC will provide project final clean-up of work area relating to scope of work. - OWNER will be responsible for providing the necessary water to complete the entire scope of work. - If color or design selection or accessory choices change after approved selection, additional costs will be incurred and the Owner shall grant PRO TECH TRACK & TENNIS, INC. extension of time for the delay. - Owner will be responsible for costs of any/all vandalism that could occur over the duration on the project directly related to the scope of work. WARRANTY PRO TECH TRACK & TENNIS, INC. warrants and guarantees that it shall perform all work in a good and workmanlike manner, in conformity with design and industry standards. Neglect of product and/or vandalism is not under warranty. An act of God is not covered under warranty. PRO TECH TRACK & TENNIS, INC. provides a TWO -year warranty on construction and surfacing. The warranty is from the date of substantial completion. DISCLAIMER New surface will not resist the effects of strong detergents, cleaners, oil, or any other types of solvents besides water. New surface will not resist cleats or other sharp objects that may scratch the surface. Use of bikes, skates and other recreation scooters or vehicles will not be allowed on the new surface. New surface warranty does not cover cracks; cracks are pre- existing problems that may reappear because of weather or an act of God. Even when color coatings are applied with care by a skilled operator, some squeegee marks and other slight variations in color and texture are inevitable. This is because of the formulation of acrylic causes components to migrate to the edge of the material as it is being applied. As a result, on observer will be able to spot where the material was poured on the surface, where the squeegee operator turned to make a pass in the opposite direction or where one pass overlapped another. Squeegee marks will be more visible on lighter colors and more common when coatings are applied in hot weather or when they include coarser sand. Humidity, angle of the sun when the acrylic is applied and other factors all may affect the frequency and visibility of these marks. Due to the nature of the material and the human element in court construction, squeegee marks are likely to occur, like marks in newly vacuumed plush carpet or newly mowed grass. They will not affect play and will become less visible as the court wears and ages. PLEASE INTIAL HERE SCHEDULING All project activity shall be scheduled and coordinated with PRO TECH TRACK & TENNIS, INC. No work will take place during days when inclement weather is apparent. Necessary extensions in time may be required due to complications resulting from weather and / or conditions out of control of PRO TECH TRACK & TENNIS, INC. OWNER will need to ensure all other trades will not interfere with court construction. OWNER will be responsible for vandalism during the construction process. SCHEDULE OF VALUES 70% UPON COMPLETION OF POST -TENSION SLAB $ 3 8 3,4 8 7.9 7 30% UPON SUBSTANTIAL COMPLETION OF SCOPE x16 4J 3 51.9 9 TOTAL $ 547,839.96 NOTE Due to the payment terms listed above PRO TECH TRACK & TENNIS, INC. requires a 10 business day turn around once completed scope is invoiced. PAGE 13 PO BOX 8024 TYLER, TEXAS 75711 903-570-7343 903-894-6461 By accepting this contract bid, the OWNER is agreeable to all the terms and conditions herein. The bid along with the Scope of Work, Exclusions, Conditions, and Schedule of Values are listed. This contract price includes pricing for all plans and specifications, to the scope of work provided by the OWNER prior to the bid. Any changes to the plans and/or specifications, to the scope of work provided by the OWNER may result in a change order. CONTACTS J O E P H I L L I P S Point of contact Project Manager, Owner/President PRO TECH TRACK & TENNIS, INC. 903-570-7343 cell 903-894-6461 office J O D Y PHILLIPS Office Manager, Accounts prtchtracktennis@aol.com OFFERED BY PRO TECH TRACK & TENNIS, INC. BY:_ *OILLI4AMPHILLIPS, DATE: OWNER/PRESIDENT ACCEPTED BY (OWNER) BY PRINTED NAME AND TITLE DATE: The above prices, specifications and conditions are satisfactory and are hereby accepted. Payment will be made as outlined above. Receipt of the signed contract will assure immediate placement on our schedule. WE APPRECIATE YOUR BUSINESS! PRO TECH TRACK & TENNIS, INC. PO BOX 8024 TYLER, TEXAS 75711 903-570-7343 PAGE 14 PO BOX 8024 TYLER, TEXAS 75711 903-570-7343 903-894-6461 ACCESSORY PICTURES 3 Row Bleacher Seating Capacity 30 15'x5'x2' Cabana Bench 8' long 6' wide Pacific Blue T Cantilever Shade 20'x14' 11'tall Embedded install Glide Elbow Model Pacific Blue Shade TC2104111 PAGE 15 PO BOX 8024 TYLER, TEXAS 75711 903-570-7343 903-894-6461 r� TECH w �. ._.,�...._ 40 ... ,}„,.... 1i5i...._{. ...................... ............ .. ..... ...����.aA N O N X V O X w V F- O �vi� �n Ln vi m v O .m C)- d N d Ict N N Ln uw H Q lir, w � w �. ._.,�...._ 40 ... ,}„,.... 1i5i...._{. ...................... ............ .. ..... ...����.aA N O N X V O X w V F- O �vi� �n Ln vi m v O .m C)- d N d Ict N N Ln uw H Q lir, EXHIBIT 2 Attachment B 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. 3 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 Rei 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 Item No. 22 COUNCIL MEMBER AGENDA ITEM REQUEST Please complete this form to have an item placed on the agenda for the Council's consideration. The deadline for requesting an item on an agenda will be the Wednesday before the council meeting takes place. This time is necessary so that staff can research the matter and prepare/review an ordinance, resolution, or other document such as a contract. In order for your fellow Council Members to fully understand your item, have productive discussion, ensure efficient council meetings, and for staff to be able to assist you as completely as possible, it is important that you describe the item with as much detail as possible and include any supporting documentation so that it may be included in the Council's meeting packets. Please return this completed form to the City Manager's office or the City Clerk's office. Council member making request: ❑ Shatara Moore ❑ Reginald Hughes ❑ Gary Savage ❑ Mihir Pankaj Description of Item: ebecca Norment ❑ Clayton Pilgrim ❑ Rudy Kessel Are additional sheets or supporting materials attached? ❑ Yes Rw No I request that this item be placed on the agenda for the: ❑"'City Council meeting on this date: � - 61 ❑ Sometime in the next 2 meetings ❑ No specific time in mind —just keep it on a list of pending issues r .�. . Signature: �Date• �,., City of Paris Revised 05/2023 Item No. 23 COUNCIL MEMBER AGENDA ITEM REQUEST Please complete this form to have an item placed on the agenda for the Council's consideration. The deadline for requesting an item on an agenda will be the Wednesday before the council meeting takes place. This time is necessary so that staff can research the matter and prepare/review an ordinance, resolution, or other document such as a contract. In order for your fellow Council Members to fully understand your item, have productive discussion, ensure efficient council meetings, and for staff to be able to assist you as completely as possible, it is important that you describe the item with as much detail as possible and include any supporting documentation so that it may be included in the Council's meeting packets. Please return this completed form to the City Manager's office or the City Clerk's office. Council member making request: ❑ Shatara Moore [Rebecca Norment ❑ Reginald Hughes ❑ Clayton Pilgrim ❑ Gary Savage ❑ Rudy Kessel ❑ Mihir Pankaj Description of Item • -..a✓:' ..( Are additional sheets or supporting materials attached? ❑ Yes [`No I request that this item be placed on the agenda for the: mw 0"City Council meeting on this date: % `1 . )... ❑ Sometime in the next 2 meetings ❑ No specific time in mind —just keep it on a list of pending issues Signature: _" ) AM ... _..�... _ Date: City of Paris Revised 05/2023 Item No. 24 Memorandum TO: Mayor Pro Tem, City Council FROM: Grayson Path, City Manager SUBJECT: KEY TO THE CITY OF PARIS DATE: May 13, 2024 BACKGROUND: The granting of the Key to the City is a symbolic presentation which represents the highest honor that the City of Paris can confer on to any individual or organization for outstanding civic contributions resulting in an improved quality of life of our citizens, making our community a better place to live. It does not bestow any special privilege to any recipient, but instead is a ceremonial procedure and honor. While in office, Mayor Hashmi purchased several ceremonial "Keys to the City" to distribute to eligible individuals. The last key to the city would have been issued over five years ago. The City still has 17 keys remaining in storage. A draft policy was presented by Mayor Hughes to the City Council on April 22, 2024. The following items were discussed as needing edits made to be brought back: 1. Allowance for non-residents to receive a KCP. 2. Use of the word "impactful" in the description. 3. Not requiring that a KCP be given out each year. STATUS OF ISSUE: The City Manager believes he has edited the policy to incorporate the above edits. The following summarizes the edits made: 1. Introduction Section — N/A 2. Procedure Section a. Deleted the third and fourth sentence of the first paragraph. b. Awarding a KCP, particularly to a distinguished non-resident, may not be conducive to a singular event, but may be better left flexible in order to determine what moment in time, and where, is most meaningful and appropriate. c. By removing the fourth sentence, it allowed us to remove the third sentence while also addressing the reality that perhaps no KCPs will be issued in any given year because this policy is no longer tied to a specific event like the annual banquet. 3. Eligibility Section a. Added "impactful" to the first sentence. b. Deleted the third sentence. c. Needed to remove the language limiting the KCP to residents, thus opening it up to distinguished non-residents. But it would therefore be appropriate to remove the language prohibiting compensation for the act being honored as some (including distinguished non-residents such as the President, Governor, Athlete, etc.) may have been compensated for the work they did. That doesn't make their work any less impactful to the community and worth honoring with a KCP. BUDGET: The City currently has 17 keys to the city available for this program. When this supply is exhausted, and should we wish to continue with the program, we can purchase more keys at that time. OPTIONS: 1. Approve the attached Key to the City Policy and select a third council member to join Mayor Hughes and Mayor Pro Tem Pankaj as a selection and award committee. 2. Request edits to the attached policy. 3. Reject the policy and/or do not have a Key to the City Policy. RECOMMENDATION: 1. Approve the attached Key to the City Policy and select a third council member to join Mayor Hughes and Mayor Pro Tem Pankaj as a selection and award committee. Key to the City of Paris City Council Policy Aj;IN4, 2, 2024 Introduction The granting of the Key to the City of Paris (KCP) is a symbolic presentation which represents the highest honor that the City of Paris can confer on to any individual or organization for outstanding civic contributions resulting in an improved quality of life of our citizens, making our community a better place to live. Procedure The City Council herby authorizes the Mayor, Mayor Pro Tempore, and one other City Councilmember, selected annually by the City Council, to serve as the KCP Committee. This committee is authorized to vet potential candidates at their discretion, whether identified directly by the committee or presented by any person or organization, and select an individual and/or organization for award. I rf I,re 'mteFhe a 24, eR}e4s�Pirl�s��,, °i��lelEtO e r(���d[t�Q�7�r' a.,r���y �tl.€l;ti�r'b� �'! a -� tl,° r �^4 rl�uU ���1 9Ekll.'y PrP 4a'l�a'de�-0 ( rrl.E9 �l (�0' ,°r A'n,ai�c^P, t "Ji"),� 14 iB a E4 P �P,✓�' }� � °V�4�rk�l'l lga.���Yt �,rR�r � ��o- �Pr�,,e. Any member of the community may send in written recommendations to any member of the KCP Committee for consideration, at any time. Eligibility The granting of a KCP is intended to be rare and shall be restricted to instances of exceptional, dirrri actfi,,4 and/or outstanding civic service and contribution to the community as determined by the KCP Committee. A KCP shall not be issued in recognition of ideological, political or religious beliefs. S] Pa;4p, iu,i B �rlaB�rC.a�u��rV�r„iia s¢1 U 1 YViI� 1,94"41,HFVVPKS a:4",r1r1, �r, ay ba}14i�olll�,;'° �f �Irr ��� v��� v vt�U� Vern ��hlk�rt tjr0 t eYB ¢U{1 -d, �) Eh'a l lfYr(' x;;ei xi e, Award of a KCP bestows no special privilege to any recipient beyond that which is given to any member of the community. rr>r r..: / r r m tau yyyiynr,,r r r/ �rrryr� iruMIR .rrrrrrro, , ,moi No. 25 Memorandum TO: Mayor, Mayor Pro Tem & City Council FROM: Grayson Path, City Manager Robert Vine, Deputy City Manager / Interim Director of Planning and Community Development Richard Salter, Chief of Police Robert Talley, Code Enforcement Supervisor SUBJECT: No Parking Ordinance DATE: May 13, 2024 BACKGROUND: Off-street parking is regulated under the City's Zoning Ordinance, Section 9B-10-111 entitled "Use of Parking Areas". The ordinance currently requires that (a) identified off-street parking be reserved for parking and no other use; (b) parking in the front yard must occur on the driveway (surfaced, or if unsurfaced where a driveway might logically be); and (d) semi -trucks are not allowed to be parked in specific residential zones (unless expeditious loading / unloading is occurring). Otherwise, parking of vehicles (other than semi -trucks) can occur in the side and/or rear yards of the residential property. The intent of this code is to maintain a neat and orderly look to the surrounding neighborhood. An issue that is not addressed is off-street parking in 1) a vacant residential lot and/or 2) an unimproved and unsurfaced vacant non-residential lot. The Police Department and Code Enforcement Department continue to receive complaints about vehicles across town parked in such vacant lots. Typically, vehicles are being left for long periods of time unattended (junk and rubbish), are leaving ruts / damage to the properties that go unfixed and make it hard for them to be maintained (nuisance violations — tall grass and weeds), and/or are associated with large gatherings (noise, trash, etc.). Overall, there are issues that can run afoul of the intent of maintaining a neat and orderly neighborhood. STATUS OF ISSUE: City Staff have developed the attached proposed amendment, adding 9B -10-111(c). This would make it illegal to park a vehicle on 1) any vacant residential lot and 2) any unimproved and unsurfaced (non-residential) vacant lot. The prohibition in #1 disallows improved and/or surfaced residential vacant lots. A defense to this ordinance is when the vehicle is successfully screened pursuant to our codes under Article 4.11. A cleanup edit is proposed for 9B -10-111(d) to add "four -family dwelling district (4F)" to the list of residential districts, which should complete the list of all residential districts. Pursuant to section 913-21 of the Zoning ordinances, before the City Council can take action on this item, it must first appear before the Planning and Zoning Commission to review and consider a recommendation to send to the council. Should the City Council tonight find it fit to pursue this proposed amendment, it would be scheduled to appear at the June 3, 2024 P&Z Commission meeting. It would then be brought back to the City Council. BUDGET: There are no significant budgetary implications due to this amendment. Some enforcement costs as well as fines may occur, but these would be minimal amounts as compared to the budget. OPTIONS: 1. Authorize the draft amendment to 913-10-111 and send to the P&Z Commission for consideration. 2. Request edits to the draft amendment to then be brought back for City Council review prior to being sent to the P&Z Commission. 3. Reject the proposed amendment. 4. Request additional information. RECOMMENDATION: 1. Authorize the draft amendment to 913-10-111 and send to the P&Z Commission for consideration. 913-10-111 USE OF PARKING AREAS (a) Required off-street parking spaces and associated aisles and maneuvering areas shall be used for vehicle parking only. No sales, storage, or display of merchandise (including automobiles), inventory, materials, sanitation containers, or supplies or repair work or dismantling shall be permitted in such areas. Under no circumstances shall a required parking space be used for any purpose other than parking. (b) No car, truck, or other vehicle shall be parked on an unsurfaced area of the front yard if the lot has a concrete, asphalt, or gravel driveway. If the driveway is unsurfaced and was in existence prior to September 1, 1989, no car, truck, or other vehicle may be parked in any portion of any yard other than that area which is logically intended to be used as a driveway, including areas located in front of a garage or carport or that are located to one (1) side of the lot. (c). It shall be unlawful for any person to leave, park, or stand any car, truck, or other vehicle, motorized or otherwise, or to allow any person to leave, park, or stand any such vehicle on property owned by him or her, on a vacant lot in any area zoned as either a one - family dwelling district (SF -1, SF -2 or SF -3), two-family dwelling district (21F), four -family dwelling district (4F) or multiple -family dwelling district (MF -1 or MF -2) under the zoning ordinance of the City. It shall be unlawful for any person to leave, park, or stand, any car, truck, or other vehicle, motorized or otherwise, or to allow any person to leave, park, or stand any such property owned by him or her, on an unimproved and unsurfaced vacant lot in any zoning district in the City. Each vehicle parked in violation of this section shall constitute a separate offense, and each day a vehicle is parked in violation of this ordinance shall constitute a separate offense. It shall be a defense to this section if the vehicle is parked behind a lawful screened fence. (d) It shall be unlawful for any person to leave, park or stand any truck tractor, road tractor, trailer, semi -trailer, bus, or any commercial motor vehicle with a rated capacity of one and one-half (1-1/2) tons or more according to the manufacturer's classification, or the equivalent thereof, upon any part of the front, side, or rear yard, whether paved or unpaved, within or adjacent to any area zoned as either a one -family dwelling district (SF -1, SF -2 or SF -3), two-family dwelling district (2F), four -family dwelling district (417) or multiple -family dwelling district (MF -1 or MF -2) under the zoning ordinance of the City. This section shall not prevent the parking or standing of the above-described vehicles in such zoned areas for the purpose of expeditiously loading and unloading of passengers, freight, or merchandise.