Agenda PacketCITY 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, July 28, 2025. 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 by audio and/or video conference, but the feed will be available to the
public during the meeting. If the meeting is live streamed, it will be available at
httl ss://paristexas N oy/1 ublic. 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. Citizens' forum.
(Persons desiring to address the Council must limit their presentation to no more than two
minutes, and remarks must be limited to matters of city business. Speakers will not be
allowed to cede speaking time to others. 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, including
but not limited to claims in pending litigation, 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 July 14, 2025.
6. Receive reports and/or minutes from the following boards and commissions:
a. VCC, Love Civic Center & Paris Visitors & Convention Council quarterly reports
b. Tax Increment Reinvestment Zone (TIRZ) Board (5-8-2025)
c. Love Civic Center Board (5-8-2025)
d. Building & Standards Commission (6-16-2025)
e. Paris Public Library Advisory Board (6-18-2025)
£ Paris Economic Development Corporation (6-13-2025)
7. Receive demolition and code enforcement activity reports.
8. Approve re -appointment of Cody Head as Chairperson of the Board of Directors of Tax
Increment Reinvestment Zone No. 1.
9. Award annual chemical bids for use at the Water & Wastewater Treatment Plant for FY
2025-2026.
10. Receive Paris Economic Development Corporation's Approved Plan of Work for FY 2025
11. Receive Paris Economic Development Corporation's Approved Budgets for FY 2025-2026
12. Approve the Final Plat of the Trinity 323 Addition, Lot 1, Block A, Part of LCAD 18812,
located in the 2100 Block of FM 79.
13. Approve the Final Plat of the St. Paul Lutheran Church CB 235, Lot 1, Block A, LCAD
17773, located on the corner of 19th NW & Henderson.
14. Approve the Final Plat of the Summerwood Estates Addition Phase I1I, Lots 11-13, Block
A, and Lots 10-11, Block B, LCAD 10052, located in the 4300 Block of Sunrise Dr.
15. Approve the Final Plat of the Brakes Plus Addition CB 315, Lot 1, Block A, LCAD 50943,
located at 4225 Lamar Ave.
Regular Agenda
16. Discuss, conduct a public hearing and act on an Ordinance considering the petition of
Mehvan Besfki for a zoning change from a General Retail (GR) to a Commercial District
(C) in the Speedy Stop No. 8 Addition, Block A, Lot 1, (LOAD 17919), located at 1900
Clarksville Street.
17. Receive presentation from the Texas Film Commission of Film Friendly Texas Community
and Digital Media Friendly Texas Community certificates.
18. Receive presentation from Rich Salter about the Police Department.
19. Discuss and act on the appointment of Joseph Nelms to the position of municipal court
prosecutor.
20. Receive bids for the 7th Street SW Reconstruction Project, discuss and award a contract in
the amount of $326,338.10 for the project, and authorize the City Manager to execute all
necessary documents.
21. Discuss and act on the addition of a community development analyst position.
22. Discuss and act on a contract with "UKG" Immix Technology, Inc. in the amount of
$88,117.60 for purchase of software and related services pertaining to Payroll and Human
Resources features.
23. Receive presentation of the proposed FY 2025-2026 Budget, discuss and provide direction
to Staff.
24. 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.
25. Reconvene into open session and possibly take action on matters discussed in executive
session.
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 July 25,
2025.
Janice Ellis, City Clerk
S aecial 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 jellis@paristexas.gov for assistance.
Item No. 5
MINUTES OF THE REGULAR CITY COUNCIL MEETING
OF THE CITY OF PARIS, TEXAS
July 14, 2025
The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday,
July 14, 2025, at the City Council Chamber, 107 E. Kaufman, Paris, Texas.
Present: Mayor: Mihir Pankaj
Mayor Pro -Tem: Gary Savage
Council Members: Shatara Moore, Rebecca Norment, Alix Putnam,
Mickey Ellis, and Tracy Attebury
City Staff: Rose Beverly, City Manager; Rich Salter, Police
Chief; Bruce Ballard, Finance Director; Osei Amo-
Mensah, Director of Planning & Community
Development; Todd Mittge, City Engineer; M.A.
Smith, Director of Public Works; Thomas
McMonagle, Fire Chief, and Danny Rowell,
Utilities Director
O : enin , Agenda
Call meeting to order.
Mayor Pankaj called the meeting to order at 5:30 p.m.
2. Invocation.
Gene Anderson gave the invocation.
3. United States Pledge of Allegiance & Texas Pledge of Allegiance.
City Council led the United States Pledge of Allegiance and the Texas Pledge of
Allegiance.
4. Citizens' forum.
Bertie Gibson, 1520 Johnson — complained of the drainage in her yard being clogged up
and water covering the street at 16th and Johnson Streets.
Donell Walker, 1526 Fitzhugh — felt the police disrespected the youth by blocking streets
on the July 4th Holiday.
Brandon Eulberg, 249 CR 2400 — he said he wanted to apply for BSC.
Alyssa West, 9922 Hwy 24 — asked that an item be placed on a future agenda for battery
energy storage sites and expressed safety concerns.
Regular Council Meeting
July 14, 2025
Page 2
Consent Ajenda
Mayor Pankaj inquired of Council Members if they wished to pull any items from the
consent agenda for discussion. There being none, a Motion to approve the consent agenda was
made by Mayor Pro -Tem Savage and seconded by Council Member Moore. Motion carried, 7
ayes — 0 nays.
Approve minutes from the meetings of June 9, 2025, June 16, 2025, June 23, 2025, and
July 1, 2025.
Receive reports and/or minutes from the following boards and commissions:
a. Paris Economic Development Corporation (5-20-2025)
b. Planning & Zoning Commission (6-2-2025)
c. Main Street Advisory Board (6-10-2025)
7. Approve an addendum number two to the Lease Agreement with Red River Valley
Veterans' Memorial.
Approve an expenditure from the TIRZ Fund Tax Increment Reinvestment Zone No. 1
for $100,000.00 to support the I" Street Renovation Project.
Regular Agenda
enda
Conduct a public hearing, discuss and act on an ORDINANCE NO. 2025-013: AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
ACCEPTING AND APPROVING THE FORESTBROOK PUBLIC IMPROVEMENT
DISTRICT NO. 1 SERVICE AND ASSESSMENT PLANT AND IMPROVEMENT
AREA #1 ASSESSMENT ROLL FOR THE FORESTBROOK PUBLIC
IMPROVEMENT DISTRICT NO. 1; MAKING A FINDING OF SPECIAL BENEFIT
OT CERTAIN PROPERTY IN THE DISTRICT; LEVYING SPECIAL
ASSESSMENTS AGAINST CERTAIN PROPERTY WITHIN IMPROVEMENT
AREA #1 OF THE DISTRICT AND ESTABLISHING A LIEN ON SUCH
PROPERTY; PROVIDING FOR THE METHOD OF ASSESSMENT AND THE
PAYMENT OF THE ASSESSMENTS IN ACCORDANCE WITH CHAPTER 372,
TEXAS LOCAL GOVERNMENT CODE, AS AMENDED, PROVIDING PENALTIES
AND INTEREST ON DELINQUENT ASSESSMENTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
City Attorney Stephanie Harris reviewed the timeline of this project beginning October
14, 2024. She said this was the Ordinance that accepted and approved the service and assessment
plan and assessment roll for Forestbrook Public Improvement District No. 1, levying special
assessments against certain property in Improvement Area 41 of the District and approving all
matters related thereto.
Regular Council Meeting
July 1, 2025
Page 3
Motion to approve this item was made by •uncil Member Putnam and seconded by
Council Member Moore. Motion carried, 7 ayes — 0 nays.
Utilities Director Danny Rowell gave a presentation about the responsibilities at the
Waste Water Treatment Plant and Water Plant, including personnel and projects.
11. Discuss • act on ORDINANCE NO.! ! • ORDINANCE OF
COUNCILOF OF PARIS,APPENDIX
SECTION1 11 ' RATES •CUSTOMERS ♦ '.
OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS TO REFLECT
CHANGES RECOMMENDED RATE CONSULTANT;
PROVIDING A REPEALER CLAUSE, A SEVERABILITY
CLAUSE, A • ♦ l PROVIDING
Interim Finance Director Gene Anderson said the City had an independent rate consultant
perform a cost -of -service study each year and that study also determined the rates of excessive
strength sewer that some industries placed in the City's wastewater system. He also said the
excessive strength sewer costs the City more to treat. Mr. Anderson reviewed the pounds of
excess and stated that the rates needed to be increased per the study.
Motion to approve this item- by • Pro -Tem • seconded by
Council-mber Ellis. Motion carried,ayes I nays.
12. Discuss and act on • • NO. 2025-036: • • OF
OF PARIS, TEXAS, SUSPENDING THE JULY 31, 2025 EFFECTIVE DATE OF
ONCOR ELECTRIC DELIVERY COMPANY'S• RATE CHANGE TO
PERMIT TO STUDYREQUEST TO ESTABLISH
REASONABLE RATES; APPROVING COOPERATION WITH THE STEERING
COMMITTEE OF ' t BY ONCOR TO HIRE LEGAL AND
SERVICESCONSULTING AND •, NEGOTIATE COMPANY
.. ' ♦ AND
DIRECT ANY NECESSARY LITIGATION AND APPEAL; FINDING THAT THE
MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC
AS REQUIRED BY LAW; REQUIRING NOTICE OF THIS RESOLUTION TO THE
COMPANY AND LEGAL COUNSEL FOR THE STEERING COMMITTEE.
Mr. Anderson said that last month Oncor filed an application to increase its rates and that
this action would suspend the rate increase for 90 days while the rate application is being
reviewed. He also said the Steering Committee would engage legal counsel and consultants to
review Oncor's application for the member cities.
♦ Motion to approve this item was made by •uncil Member Normentand seconded by
Council-mber Attebury. Motioncarried,
�i • ••iiiiii'llillilililillillillillillililillillillillillilliI- • - ' - • • •
Regular Council Meeting
July 14, 2025
Page 4
City Attorney Stephanie Harris explained that while Staff were continuing to work
through the list of board appointments, they discovered there was one vacancy on the Historic
Preservation Commission. She also said Millicent Kee had been serving as an alternate for HPC
and had re-applied but her name was inadvertently added to the Buildings and Standards
Commission. Staff recommended appointment of Millicent Kee to the Historic Preservation
Commission.
A Motion to appoint Millicent Kee to the Historic Preservation Commission was made
by Council Member Ellis and seconded by Council Member Moore. Motion carried, 7 ayes — 0
nays.
14. Consider and approve future events for City Council and/or City Staff pursuant to
Resolution No. 2004-081.
Mayor Pro -Tern Savage said he would like a meeting scheduled to meet with Donnell
Walters. Mayor Pankaj said he would like a workshop discussion item about evaluations for the
municipal judge, city manager and city attorney.
•
There being no further business, a Motion to adjourn was made by Mayor Pro -Tem
Savage and seconded by Council Member Moore. Motion carried, 7 ayes - 0 nays. Mayor Pankaj
adjourned the meeting at
JANICE ELLIS, CITY CLERK
Item No. 6
VCC Quarterly Reports for April, May, June 2025
April
Paris Steak Wars
Room Nights: 50 April 5, 2025 Budgeted Line Item
Texas Junior Braunvieh Association State Show
Room Nights: 50 April 10-13, 2025 Funded $1975
Paris Texas Wine Fest
Room Nights: 25 April 12, 2025 Funded $1650
APO Texas Cup Powerlifting Championship
Room Nights: Unknown April 26, 2025 Funded $1700
May
Slade Baker Crawfish Cookoff
Room Nights: 15 May 2-3, 2025 Funded $1750
Denver Pyle Uncle Jesse Big Bass Classic
Room Nights: 15 May 3, 2025 Funded $2000
"Eiffel in Love uilts" wilt Show
Room Nights: 15 May 9-10, 2025 Funded $2450
ASA Western Re ion Archer Tournament
Room Nights: 100+ May 14-18, 2025 Budgeted Line Item
SDBA Southern Drag Boat RaceParis Power Boat Grand Prix
Room Nights: 100+ May 16-18, 2025 Budgeted Line Item
SASBA Senior Allstar Bowling Association
Room Nights: 100 May 16-18, 2025 Funded $2225
Texas Jettribe Championship Jet Ski Race at Lake Crook
Room Nights: 50+ May 16-18, 2025 Budgeted Line Item
June
PTX Con 4
Room Nights: 38 June 7, 2025 Funded $2040
Red River Vallev Veterans Northeast Texas Classic Car Show
Room Nights: 75 June 13-14 2025 Funded $2500
SASBA Senior Allstar Bowling Association
Room Nights: 100 May 16-18, 2025 Funded $2225
Diamond Youth Baseball Re ional Div 1AAA Tournament
Room Nights: 75 May 16-18, 2025 Funded $2150
Diamond Youth Baseball Regional Div 2AAA Tournament
Room Nights: 75 May 16-18, 2025 Funded $2150
Love Civic Center
Date
# of Attendees
Event
1/6/2025
100
Pipeline Safety
4/4&5/2025
500
Steak Wars
4/6/2025
100
Church
4/12/2025
350
PJC 100 year celebration
4/13/2025
100
Church
4/20/2025
100
Church
4/24/2025
50
Mark Patrick seminars
4/27/2025
100
Church
5/1/2025
500
Work Force Solutions
5/2/2025
250
Isaac's Concert
5/3/2025
250
Kid Safe Saturday
5/4/2025
100
Church
5/5/2025
7300
AW 903 concert
5/7-10/25
500
Quilt Show
5/11/2025
100
Church
5/12/2025
250
WT 903 concert @ LCC
5/13/2025
35
SeIF Defense classes
5/14-17/25
250
ASA Archery
5/17/2025
35
wedding rehearsal dinner
5/18/2025
100
Church
5/19/2025
6200
DC 903 concert
5/21/2025
50
TDP kickoff luncheon
5/22/2025
400
Teen & Adult banquet
5/24/2025
350
Pat Green Concert
5/25/2025
100
Church
5/26/2025
1500
Even it up 903 concert
5/30&31/25
1500
Gun & Knife Show
6/1/2025
100
Church
6/4/2025
150
RSVP banquet
6/6/2025
50
Party by Eiffel tower
6/7/2025
150
PTX Con convention
6/8/2025
100
Church
6/10/2025
35
SeIF Defense classes
6/12/2025
50
Reynolds CO. meeting
6/13&14/2025
500
RRVVM Car Show
6/14/2025
250
Land Sale
6/15/2025
100
Church
6/21/2025
250
NAACP banquet
6/22/2025
100
Church
6/22/2025
250
Pride celebration
6/28/2025
250
Ellis/Jones wedding & reception
6/29/2025
100
Church
Love Civic Center
Statement of Assets, Liabilities and Net Assets
Modified Cash Basis
April 30, 2025
ASSETS
Love Civic Center
$ 373,296.03
Reserved for Construction
131,310.05
Credit Union of Texas CD 1001
136,140.84
Red River Credit CD 332
108,681.99
Liberty CD 59873
34,335.55
Liberty CD 6238
52,538.27
FF Money Market 37109
99,797.84
Farmers CD 0085
150,840.71
Farmers CD 0144
52,215.73
Total Current Assets 1 139,157.01
Fixed Assets
Signage �wwwwW _62,725.00
Total Fixed Asset 62,725.00
Other Assets
Due From VCC 3,043.41
Total Other Assets 3,043.41
Total Assets $ 1,204,925.42
LIABILITIES AND NET ASSETS
Current Liabilities
Due to COC $ 495.34
Payroll Liabilities 1,659.94
Total Current Liabilities 2,155.28
NET ASSETS
Retained Earrings
1,158,209.51
Net Income (Loss)
44,560.63
Total Net Assets
1,202 770,14
Total Liabilities and Net Assets
$ 1,204,925.42
Financial statement preparation service provided by Malnory, McNeal & Company PC, CPAs in accordance with professional standards issued
by the AICPA, substantially all disclosures ordinarily included in financial statements prepared in accordance with the modified cash basis of
accounting are omitted and no assurance is provided
Love Civic Center
Statement of Assets, Liabilities and Net Assets
Modified Cash Basis
May 31, 2025
ASSETS
Love Civic Center
Reserved for Construction
Credit Union of Texas CD 1001
Red River Credit CD 332
Liberty CD 59873
Liberty CD 0718
FF Money Market 37109
Farmers CD 0085
Farmers CD 0144
Total Current Assets
Fixed Assets
Signage
Total Fixed Asset
Other Assets
Due From VCC
Total Other Assets
Total Assets
LIABILITIES AND NET ASSETS
Current Liabilities
Due to COC
Payroll Liabilities
Total Current Liabilities
NET ASSETS
Retained Earnings
Net Income (Loss)
Total Net Assets
Total Liabilities and Net Assets
$ 360,540.01
131,310.05
136,140.84
108,681.99
34,335.55
52,538.27
99,797.84
150,840.71
52.215.73
1,126,400.99
....... .. 62x72500
62,725.00
6,086.77
6,086.77
$ 1,195,212.76
$ 467.81
1665.45
2,133.26
1,158,209.51
.__.31,869.99
1,193,079.50
$ 1,195,212.76
Financial statement preparation service provided by Malnory, McNeal & Company PC, CPAs in accordance with professional standards issued
by the AICPA, substantially all disclosures ordinarily included in financial statements prepared in accordance with the modified cash basis of
accounting are omitted and no assurance is provided
Love Civic Center
Statement of Assets, Liabilities and Net Assets
Modified Cash Basis
June 30, 2025
ASSETS
Love Civic Center
$ 347,737.23
Reserved for Construction
131,310.05
Credit Union of Texas CD 1001
136,140.84
Red River Credit CD 332
112,661.92
Liberty CD 59873
34,741.93
Liberty CD 0718
53,645.53
FF Money Market 37109
99,797.84
Farmers CD 0085
150,840.71
Farmers CD 0144
52,215.73
Total Current Assets
1 119,091.76
Fixed Assets
62725.00
Signage
,
Total Fixed Asset
62L726.00
Other Assets
122,423.93
Due From VCC
Total Other Assets
122 423.93
Total Assets
S 1304 240.71
LIABILITIES AND NET ASSETS
Current Liabilities
Due to COC $ 409.88
Payroll Liabilities _-- ---_ 1;.=5.02
Total Current Liabilities2,074.90
NET ASSETS
Retained Earnings 1,158,209.51
143,956.30
Net Income (Loss)
Total Net Assets 165.81
1 302, 81
I
P Total Liabilities and Net Assets $ 1 304,240.71
Financial statement preparation service provided by Malnory, McNeal & Company PC, CPAs in accordance with professional standards issued
by the AICPA, substantially all disclosures ordinarily included in financial statements prepared in accordance with the modified cash basis of
accounting are omitted and no assurance is provided
Love Civic Center
Budget to Actual, Current Month and Prior Year Period
Modified Cash Basis
For the 1 Month Ended April 30, 2025 and 2024 and 7 Months Ended April 30, 2024
Financial statement preparation service provided by Malnory, McNeal & Company PC, CPAs in accordance with professional standards issued
by the AICPA, substantially all disclosures ordinarily included in financial statements prepared in accordance with the modified cash basis of
accounting arc omitted and no assurance is provided
1 Month Ended
1 Month Ended
1 Month Ended
7 Months Ended
Apr 30, 2025
Apr 30, 2025
Apr 30, 2024
Apr 30, 2024
Actual
Budget
Actual
Acutal
Revenue
Motel Tax
$ 0.00
$ 0.00
$ 0.00
$ 233,530.07
R.V. Hook Up
3,737.45
0.00
1,351.96
7,149.47
Rent
5,619.35
5,500.00
14,100.99
73,329.70
Refunded Deposits
(200.00)
(200.00)
(130.00)
(10,730.00)
Tower Lighting
µ0100
-'-----0.00
-_. 0:. 00 0
200.00
Total Revenue
9,156.80
5,300.00
15,322.95
303,479.24
Operating Expenses
Branding/Marketing Exp
0.00
0.00
0.00
750.00
Bank Service Charge
279.90
42.00
37.31
375.67
Communications
444.62
500.00
344.88
2,046.04
Office Expense
31.85
333.33
82.00
498.76
Payroll Expenses
9,877.69
10,000.00
8,698.67
65,377.20
Payroll Tax Expense
912.54
900.00
663.94
5,007.42
Marketing / Advertising
292.99
300.00
0.00
346.50
Bookkeeping
612.50
583.33
581.25
4,334.75
Electricity
4,600.91
4,000.00
6,360.13
24,478.66
Water
914.75
750.00
644.01
6,486.14
Gas
296.07
300.00
264.76
4,988.28
Trash Disposal
0.00
541.67
423.32
2,383.17
Intown Auto Exp Allowance
250.00
250.00
250.00
1,750.00
903 Concert Series
4,975.39
5,000.00
0.00
0.00
Chamber Management
0.00
.0.00
0.00
25,000.00
Building Maint./Spls/Equip
4,565.68
4,600.00
1,508.66
69,231.81
Security
199.95
416.67
58.95
1,032.45
Staff Ins./Retirement
960.27
833.33
639.42
4,560.94
General Liability
0.00
0.00
0.00
4,080.53
Workers Comp. Insurance
0.00
0.00
0.00
581.26
Directors & Officers
0.00
0.00
0.00
2,121.00
Misc Expenses
0.00
0.00
0.00
311.86
Ground Maintenance
620.00
1,125.00
0.00
4,510.00
Capital'lmprovements
____1m320.00
w 7,400.00
�m 0.00
_ 25„448.96
Total Operating Expenses
7155.11
____37,155 .
37,875.33
20 557.30
255,703.40
Operating Income (Loss)
ZL998.
32,575.33
5,234.35
47,775.84
Other Income
Interest Income
19867
416.67
195.61
__1463.27
Total Other Income
198.87
416.67
195.61
3,463.27
Other Expenses
Total Other Expenses
0.00
0.00
0.00
0.00
Net Income (Loss)
$ 27,799.44
$ 32,158.66)
$ ft,03874
$ 51,239.11
Financial statement preparation service provided by Malnory, McNeal & Company PC, CPAs in accordance with professional standards issued
by the AICPA, substantially all disclosures ordinarily included in financial statements prepared in accordance with the modified cash basis of
accounting arc omitted and no assurance is provided
Love Civic Center
Budget to Actual, Year -to -Date
Modified Cash Basis
For the 7 Months Ended April 30, 2025
Other -Expenses
Total Other Expenses 0.00 0.00 0.00 _ 0.00% 0.00
Net Income (Loss) $ :m n�121.59% $ 3,500.00
44 560.63 $ 36 648.26 $ 7,912.37
Financial statement preparation service provided by Malnory, McNeal & Company PC, CPAs in accordance with professional standards issued
by the AICPA, substantially all disclosures ordinarily included in financial statements prepared in accordance with the modified cash basis of
accounting are omitted and no assurance is provided
7 Months Ended
7 Months Ended
Annual
Apr 30, 2025
Apr 30, 2025
Variance
% of Budget
Budget
Actual
Budget
REVENUE
Motel Tax
$ 251,087.84
$ 237,500.00
$ 13,587.84
105.72%
$ 475,000.00
R.V. Hook Up
11,842.55
7,000.00
4,842.55
169.18%
7,000.00
Misc Income
98.00
100.00
(2.00)
98.00%
500.00
Rent
87,911.22
89,800.00
(1,888.78)
97.90%
95,000.00
Refunded Deposits
(7,920.00)
(7,920.00)
0.00
100.00%
(14,000.00)
Tower Lighting0.00
„
0.00
0.00
mm 0.00 %
400.00
Total Revenue
343,019.61
326,480.00
16,539.61
105.07 %
563,900.00
Gross Profit
343,019.61
326,480.00
16,539.61
105.07%
563,900.00
OPERATING EXPENSES
Sanctioned BBQ Expense
8,541.99
8,780.00
(238.01)
97.29%
10,000.00
Bank Service Charge
1,150.72
294.00
856.72
391.40%
500.00
Communications
3,008.61
3,500.00
(491.39)
95.96%
6,000.00
Office Expense
526.12
2,333.35
(1,807.23)
22.55%
4,000.00
Payroll Expenses
71,457.64
70,000.00
1,457.64
102.08%
120,000.00
Payroll Tax Expense
5,597.79
6,300.00
(702.21)
88.85%
10,800.00
Marketing/Advertising
1,204.08
1,218.00
(13.92)
98.86%
10,000.00
Audit/Tax
0.00
0.00
0.00
0.00%
4,000.00
Bookkeeping
5,158.42
4,083.35
1,075.07
126,33%
7,000.00
Electricity
29,344.03
28,000.00
1,344.03
104.80%
48,000.00
Water
61913.52
5,250.00
1,663.52
131.69%
9,000.00
Gas
4,529.68
4,428.00
101.68
102.30%
6,000.00
Trash Disposal
0.00
3,791.69
(3,791.69)
0.00%
6,500.00
Intown Auto Exp Allowance
1,750.00
1,750.00
0.00
100.00%
3,000.00
Small Equipment
0.00
0.00
0.00
0.00%
1,000.00
903 Concert Series
20,992.51
9,300.00
11,692.51
225.73%
30,000.00
Chamber Management
35,000.00
35,000.00
0.00
100.00%
35,000.00
Eiffel Tower Lighting/Maint
1,000.00
0.00
1,000.00
0.00%
1,000.00
Building Maint./Spls/Equip
42,542.28
42,800.00
(257.72)
99.40%
115,000.00
Security
1,080.45
2,916.69
(1,836.24)
37.04%
5,000.00
Staff Ins./Retirement
5,021.49
5,833.35
(811.86)
86.08%
10,000.00
Building Insurance
0.00
0.00
0.00
0.00%
7,500.00
General Liability
4,481.95
5,000.00
(518.05)
89.64%
5,000.00
Workers Comp. Insurance
441.43
445.00
(3.57)
99.20%
1,400.00
Directors & Officers
2,000.00
2,000.00
0.00
100.00%
2,000.00
Misc Expenses
257.03
250.00
7.03
102.81 %
1,000.00
Ground Maintenance
6,650.00
7,875.00
(1,225.00)
84.44%
13,500.00
Furniture & Fixtures
19,157.85
19,200.00
(42:15)
99.78%
25,000.00
Capital Improvements
7,320.00
7,400.00
(80.00)
0.00%
53,200.00
Executive Managment Fee
15,000.00
_._... 15 000.00„
0.00
100.00%
15,000.00
Total Operating Expenses300,127.59
292,748.43
7L379.16
102.51%
565,400.00
Operating Income (Loss)
42,892.02
33,731.57
9,160.45
127.16%
(11600.00
OTHER INCOME
Interest Income
1 „668.61
2 916 69
(1,248.08
n
57.21 /0
000.00
5 __ „-
Total Other Income
1,668.61
2,916.69248.0J8
57.21,%
5,000.00
Other -Expenses
Total Other Expenses 0.00 0.00 0.00 _ 0.00% 0.00
Net Income (Loss) $ :m n�121.59% $ 3,500.00
44 560.63 $ 36 648.26 $ 7,912.37
Financial statement preparation service provided by Malnory, McNeal & Company PC, CPAs in accordance with professional standards issued
by the AICPA, substantially all disclosures ordinarily included in financial statements prepared in accordance with the modified cash basis of
accounting are omitted and no assurance is provided
Love Civic Center
Budget to Actual, Current Month and Prior Year Period
Modified Cash Basis
For the 1 Month Ended May 31, 2025 and 2024 and 8 Months Ended May 31, 2024
Operating Expenses
Branding/Marketing Exp
Bank Service Charge
Communications
Office Expense
Payroll Expenses
Payroll Tax Expense
Marketing /Advertising
Bookkeeping
Electricity
Water
Gas
Trash Disposal
Intown Auto Exp Allowance
Chamber Management
Building Maint./Spls/Equip
Security
Staff Ins./Retirement
General Liability
Workers Comp. Insurance
Directors & Officers
Misc Expenses
Ground Maintenance
Capital Improvements
Total Operating Expenses
Operating Income (Loss)
Other Income
Interest Income
Total Other Income
0.00
86.94
435.14
73.66
9,896.20
749.51
245.65
587.50
5,939.38
681.92
196.15
0.00
250.00
0.00
3,414.03
58.95
658.72
0.00
0.00
0.00
0.00
620.00
0.00
23,893.75
0.00
42.00
500.00
333.33
10,000.00
900.00
250.00
583.33
4,000.00
750.00
200.00
541.67
'250.00
0.00
3,500.00
416.67
833.33
0.00
0.00
0.00
0.00
1,125.00
0.00
24,225.33
9,935.16 19,225.33
153.68 416.67
153.68 416.67
0.00
68.83
573.36
354.13'
9,388.93
720.68
99.00
797.91
3,957.43
545.68
166.37
846.64
250.00
0.00
5,887.95
58.95
639.42
0.00
0.00
0.00
52.76
2,750.00
0.00
27,158.04
94,388.73
7„821.32
7,821.32
750.00
444.50
2,621.40
852.89
74,766.13
5,728.10
445.50
5,132.66
28,436.09
7,031.82
5,154.65
3,229.81
2,000.00
25,000.00
75,119.76
1,091.40
5,200.36
4,080.53
581.26
2,121.00
364.62
7,260.00
25,448.96
282,861.44
142,164.57,
11 v284.59
11,284.59
Other Expenses
Total Other Expenses 0.00 0.00 0.00 0.00
Net Income (Loss) $ 9,781.48 $ (18 808.6 $ 210.05 $ 153,449.16
�....µ� . m„� 102, w
Financial statement prepanition service provided by Malnory, McNeal & Company PC, CPAs in accordance with professional standards issued
by the AICPA, substantially all disclosures ordinarily included in financial statements prepared in accordance with the modified cash basis of
accounting are omitted and no assurance is provided
1 Month Ended
1 Month Ended
1 Month Ended
8 Months Ended
May 31, 2025
May 31, 2025
May 31, 2024
May 31, 2024
Actual
Budget
Actual
Acutal
Revenue
Motel Tax
$ 0.00
$ 0.00
$ 116,341.86
$ 349,871.93
R.V. Hook Up
2,506.76
0.00
1,677.93
8,827.40
Rent
11,651.83
5,200.00
5,326.98
78,656.68
Refunded Deposits
(200.00)
(200.00)
(1,800.00)
(12,530.00)
Tower Lighting
0.00
0„00
0.00
�.� 200.00„
Total Revenue
13,958.59
5,000.00
121,546.77
425026.01
Operating Expenses
Branding/Marketing Exp
Bank Service Charge
Communications
Office Expense
Payroll Expenses
Payroll Tax Expense
Marketing /Advertising
Bookkeeping
Electricity
Water
Gas
Trash Disposal
Intown Auto Exp Allowance
Chamber Management
Building Maint./Spls/Equip
Security
Staff Ins./Retirement
General Liability
Workers Comp. Insurance
Directors & Officers
Misc Expenses
Ground Maintenance
Capital Improvements
Total Operating Expenses
Operating Income (Loss)
Other Income
Interest Income
Total Other Income
0.00
86.94
435.14
73.66
9,896.20
749.51
245.65
587.50
5,939.38
681.92
196.15
0.00
250.00
0.00
3,414.03
58.95
658.72
0.00
0.00
0.00
0.00
620.00
0.00
23,893.75
0.00
42.00
500.00
333.33
10,000.00
900.00
250.00
583.33
4,000.00
750.00
200.00
541.67
'250.00
0.00
3,500.00
416.67
833.33
0.00
0.00
0.00
0.00
1,125.00
0.00
24,225.33
9,935.16 19,225.33
153.68 416.67
153.68 416.67
0.00
68.83
573.36
354.13'
9,388.93
720.68
99.00
797.91
3,957.43
545.68
166.37
846.64
250.00
0.00
5,887.95
58.95
639.42
0.00
0.00
0.00
52.76
2,750.00
0.00
27,158.04
94,388.73
7„821.32
7,821.32
750.00
444.50
2,621.40
852.89
74,766.13
5,728.10
445.50
5,132.66
28,436.09
7,031.82
5,154.65
3,229.81
2,000.00
25,000.00
75,119.76
1,091.40
5,200.36
4,080.53
581.26
2,121.00
364.62
7,260.00
25,448.96
282,861.44
142,164.57,
11 v284.59
11,284.59
Other Expenses
Total Other Expenses 0.00 0.00 0.00 0.00
Net Income (Loss) $ 9,781.48 $ (18 808.6 $ 210.05 $ 153,449.16
�....µ� . m„� 102, w
Financial statement prepanition service provided by Malnory, McNeal & Company PC, CPAs in accordance with professional standards issued
by the AICPA, substantially all disclosures ordinarily included in financial statements prepared in accordance with the modified cash basis of
accounting are omitted and no assurance is provided
Love Civic Center'
Budget to Actual, Year -to -Date
Modified Cash Basis
For the 8 Months Ended May 31, 2025
Other Expenses
0.00 0.00
Total Other Expenses 0.00 0.00 % 0.00
.
Net Income (Loss) $ 195.46% $ 3,500.00
34 869.99 $ 17 839.60 $ 17,030.39
Financial statement preparation service provided by Malnory, McNeal & Company PC, CPAs in accordance with professional standards issued
by the AICPA, substantially all disclosures ordinarily included in financial statements prepared in accordance with the modified cash basis of
accounting are omitted and no assurance is provided
8 Months Ended
8 Months Ended
Annual
May 31, 2025
May 31, 2025
Variance
% of Budget
Budget
Actual
Budget
REVENUE
Motel Tax
$ 251,087.84
$ 237,500.00
$ 13,587.84
105.72%
$ 475,000.00
R.V. Hook Up
14,349.31
7,000.00
7,349.31
204.99%
7,000.00
Misc Income
98.00
100.00
(2.00)
98.00%
500.00
Rent
99,563.05
95,000.00
4,563.05
104.80%
95,000.00
Refunded Deposits
(8,120.00)
(8,120.00)
0.00
100.00%
(14,000.00)
Tower Lighting
0.00
0.00
0.00,
„ _
_._._ 0.00 %
400.00
Total Revenue356,978.20
331,480.00
25,498.20
107.69%
563,900.00_
Gross Profit33,4.00__
356,978 20
180
� _
25 498.20
107.69%
563 900.00
mm
OPERATING EXPENSES
Sanctioned BBQ Expense
8,541.99
8,780.00
(236.01)
97.29%
10,000.00
Bank Service Charge
1,237.66
336.00
901.66
368.35%
500.00
Communications
3,443.75
4,000.00
(556.25)
86.09%
6,000.00
Office Expense
599.78
2,666.68
(2,066.90)
22.49%
4,000.00
Payroll Expenses
81,353.84
80,000.00
1,353.84
101.69%
120,000.00
Payroll Tax Expense
6,347.30
7,200.00
(852.70)
88.16%
10,800.00
Marketing /Advertising
1,449.73
1,468.00
(18.27)
98.76%
10,000.00
AudWax
0.00
0.00
0.00
0.00%
4,000.00
Bookkeeping
5,745.92
4,666.68
1,079.24
123.13%
7,000.00
Electricity
35,283.41
32,000.00
3,283.41
110.26%
48,000.00
Water
7,595.44
6,000.00
1,595.44
126.59%
9,000.00
Gas
4,725.83
4,628.00
97.83
102.11 %
6,000.00
Trash Disposal
0.00
4,333.36
(4,333.36)
0.00%
6,500.00
Intown Auto Exp Allowance
2,000.00
2,000.00
0.00
100.00%
3,000.00
Small Equipment
0.00
0.00
0.00
0.00%
1,000.00
903 Concert Series
20,992.51
9,300.00
11,692.51
225.73%
30,000.00
Chamber Management
35,000.00
35,000.00
0.00
100.00%
35,000.00
Eiffel Tower Lighting/Maint
1,000.00
0.00
1,000.00
0.00%
1,000.00
Building Maint./Spls/Equip
45,956.31
46,300.00
(343.69)
99.26%
115,000.00
Security
1,139.40
3,333.36
(2,193.96)
34.18%
5,000.00
Staff Ins./Retirement
5,589.37
6,666.68
(1,077,31)
83.84%
10,000.00
Building Insurance
0.00
0.00
0.00
0.00%
7,500.00
General Liability
4,481.95
5,000.00
(518.05)
89.64%
5,000.00
Workers Comp. Insurance
441.43
445.00
(3.57)
99.20%
1,400.00
Directors & Officers
2,000.00
2,000.00
0.00
100.00%
2,000.00
Misc Expenses
257.03
250.00
7.03
102.81 %
1,000.00
Ground Maintenance
7,270.00
9,000.00
(1,730.00)
80.78%
13,500.00
Furniture & Fixtures
19,157.85
19,200.00
(42.15)
99.78%
25,000.00
Capital Improvements
7,320.00
7,400.00
(80.00)
98.92 %
53,200.00
Executive Managment Fee__e...
15,000,00
15,000.00
0.00
0 .
100.0 mm %
15 000.00
Total Operating Expenses
323,930.50
314,506.24
102.19%0
565,400.00
Operating Income (Loss)
33 047.70
18,54146
227.82%
(1,500.00)
OTHER INCOME
Interest Income
�_ 1,822.29
3 333.36
1 511.07
54.67° °
5 w 0
Total Other Income
1,822.29
3,333.36
1,511.07
54.67 %
5,000.0 0
Other Expenses
0.00 0.00
Total Other Expenses 0.00 0.00 % 0.00
.
Net Income (Loss) $ 195.46% $ 3,500.00
34 869.99 $ 17 839.60 $ 17,030.39
Financial statement preparation service provided by Malnory, McNeal & Company PC, CPAs in accordance with professional standards issued
by the AICPA, substantially all disclosures ordinarily included in financial statements prepared in accordance with the modified cash basis of
accounting are omitted and no assurance is provided
Love Civic Center
Budget to Actual, Current Month and Prior Year Period
Modified Cash Basis
For the 1 Month Ended June 30, 2025 and 2024 and 9 Months Ended June 30, 2024
Financial statement preparation service provided by Malnory, McNeal & Company PC, CPAs in accordance with professional standards issued
by the AICPA, substantially all disclosures ordinarily included in financial statements prepared in accordance with the modified cash basis of
accounting are omitted and no assurance is provided
1 Month Ended
1 Month Ended
1 Month Ended
9 Months Ended
Jun 30, 2025
Jun 30, 2025
Jun 30, 2024
Jun 30, 2024
Actual
Budget
Actual
Acutal
Revenue
Motel Tax
$ 119,380.54
$ 118,750.00
$ 0.00
$ 349,871.93
R.V. Hook Up
2,090.08
0.00
1,575.92
10,403.32
Rent
12,525.00
0.00
8,325.00
86,981.68
Refunded Deposits
(1,750.00)
(1,750.00)
(1,400.00)
(13,930.00)
Tower Lighting,
0.00
0_00
m _0.00
..,. 200.00
Total Revenue433,526.93
132 245.62
117 000.00
8,500.92
Operating Expenses
Branding/Marketing Exp
0.00
0.00
0.00
750.00
Bank Service Charge
86.93
41.00
86.57
531.07
Communications
340.03
500.00
414.89
3,036.29
Office Expense
0.00
333.33
0.00
852.89
Payroll Expenses
9,978.93
10,000.00
8,991.95
83,758.08
Payroll Tax Expense
752.98
900.00
688.06
6,416.16
Marketing / Advertising
157.09
150.00
49.50
495.00
Bookkeeping
566.67
583.33
647.93
5,780.59
Electricity
2,799.25
4,000.00
0.00
28,436.09
Water
1,112.73
750.00
743.96
7,775.78
Gas
174.05
175.00
140.90
5,295.55
Trash Disposal
0.00
541.66
423.32
3,653.13
Intown Auto Exp Allowance
250.00
250.00
250.00
2,250.00
903 Concert Series
7,000.00
7,000.00
0.00
0.00
Chamber Management
0.00
0.00
0.00
25,000.00
Building. Maint./Spls/Equlp
11,227.43
11,300.00
7,264.12
82,383.88
Security
143.95
416.66
58.95
1,150.35
Staff Ins:/Retirement
567.88
833.33
668.03
5,868.39
General Liability
0.00
0.00
0.00
4,080.53
Workers Comp. Insurance
0.00
0.00
0.00
581.26
Directors & Officers
0.00
0.00
0.00
2,121.00
Misc Expenses
0.00
0.00
0.00
364.62
Ground Maintenance
2,690.00
1,125.00
640.00
7,900.00
Capital Improvements
__,µµW IT_,,, 0.00
0.00
.__.._......�
0.00
25,. 448.9
Total Operating Expenses303,929.62
37 847.92
38 899.31
21 068.18
Operating Income (Loss)
_ 94,397.70
78,100.6912,567.26'
129,597.31
Other Income
Interest Income416
5 638.33
_ _...IT.
66
_.....W,
mmmm 5 559.04 ,
_16.843.63
Total Other Income
5,638.33
416.66
5,559.04
16,843.63
Other Expenses
Total Other Expenses
0.00
0.00
0.00
0.00
Net Income (Loss)
$ 100 036.03
$ 78,517.35
$ 7008.22
$ 146,440.94
Financial statement preparation service provided by Malnory, McNeal & Company PC, CPAs in accordance with professional standards issued
by the AICPA, substantially all disclosures ordinarily included in financial statements prepared in accordance with the modified cash basis of
accounting are omitted and no assurance is provided
Love Civic Center
Budget to Actual, Year -to -Date
Modified Cash Basis
For the 9 Months Ended June 30, 2025
Financial statement preparation service provided by Malnory, McNeal & Company PC, CPAs in accordance with professional standards issued
by the AICPA, substantially all disclosures ordinarily included in financial statements prepared in accordance with the modified cash basis of
accounting are omitted and no assurance is provided
9 Months Ended
9 Months Ended
Jun 30, 2025
Jun 30, 2025
Variance
% of Budget
Annual
Actual
Budget
Budget
REVENUE
Motel Tax
$ 370,468.38
$ 356,250.00 $
14,218.38
103.99%
$ 475,000.00
R.V. Hook Up
16,439.39
7,000.00
9,439.39
234.85%
7,000.00
Misc Income
98.00
100.00
(2.00)
98.00%
500.00
Rent
112,088.05
95,000.00
17,088.05
117.99%
95,000.00
Refunded Deposits
(9,870.00)
(9,870.00)
0.00
100.00%
(14,000.00)
Tower.. Lighting
.......�...�.
.__ _.. .00
0.00,
�
.._ 0.00%
400.00
Total Revenue
489,223.82
448,460.00
40 743.82
109-08%
563 900.00
Gross Profit
489,223.82
448,480.00
40„743.82
109.08 %
563„900.00
OPERATING EXPENSES
Sanctioned BBQ Expense
8,541.99
8,780.00
(238.01)
97.29%
10,000.00
Bank Service Charge
1,324.59
377.00
947.59
351.35%
500.00
Communications
3,783.78
4,500.00
(716.22)
84.08%
6,000.00
Office Expense
599.78
3,000.01
(2,400.23)
19.99%
4,000.00
Payroll Expenses
91,332.77
90,000.00
1,332.77
101.48%
120,000.00
Payroll Tax Expense
7,100.28
8,100.00
(999.72)
87.66%
10,800.00
Marketing/Advertising
1,605.82
1,618.00
(11.18)
99.31 %
10,000.00
Audit/Tax
0.00
0.00
0.00
0.00%
4,000.00
Bookkeeping
6,312.59
5,250.01
1,062.58
120.24%
7,000.00
Electricity
38,082.66
36,000.00
2,082.66
105.79%
48,000.00
Water
8,708.17
6,750.00
1,958.17
129.01 %
9,000.00
Gas
4,899.88
4,803.00
96.88
102.02%
6,000.00
Trash Disposal
0.00
4,875.02
(4,875.02)
0.00%
6,500.00
Intown Auto Exp Allowance
2,250.00
2,250.00
0.00
100.00%
3,000.00
Small Equipment
0.00
0.00
0.00
0.00%
1,000.00
903 Concert Series
27,992.51
16,300.00
11,692.51
171.73%
30,000.00
Chamber Management
35,000.00
35,000.00
0.00
100.00%
35,000.00
Eiffel Tower Lighting/Maint
1,000.00
0.00
1,000.00
0.00%
1,000.00
Building Maint./Spls/Equip
48,042.62
47,600.00
442.62
100.93%
115,000.00
Security
1,283.35
3,750.02
(2,466.67)
34.22%
5,000.00
Staff Ins./Retirement
6,248.09
7,500.01
(1,251.92)
83.31 %
10,000.00
Building Insurance
0.00
0.00
0.00
0.00%
7,500.00
General Liability
4,481.95
5,000.00
(518.05)
89.64%
5,000.00
Workers Comp. Insurance
441.43
445.00
(3.57)
99.20%
1,400.00
Directors & Officers
2,000.00
2,000.00
0.00
100.00%
2,000.00
Misc Expenses
257.03
250.00
7.03
102.81 %
1,000.00
Ground Maintenance
9,960.00
10,125.00
(165.00)
98.37%
13,500.00
Furniture & Fixtures
19,157.85
19,200.00
(42.15)
99.78%
25,000.00
Capital Improvements
7,320.00
7,400.00
(80.00)
98.92%
53,200.00
Executive Managment Fee
15'000.00
15 000.00
0.00
_ .. 100.00%
15,000.00
Total Operating Expenses
352,728.14
345,873.07
6,855.07
101.98%
565 400.00
Operating Income (Loss)
136,495.68.
102,606.93
33,888.75
133.03%
1,500.00
OTHER INCOME
Interest Income
,,w,7,460.62
3,750.02
3,710.60
198.95 %
5=0.00
Total Other Income
7,460.62
3,750.02
3,710.60
198.95%
51000.00
Other Expenses
Total Other Expenses
p
0.00
0.00
0.00%
0.00
Net Income (Loss)
$ 143,956.30
$ 106,356.95 $
37,599.35
135.35%
$ 3,500.00
Financial statement preparation service provided by Malnory, McNeal & Company PC, CPAs in accordance with professional standards issued
by the AICPA, substantially all disclosures ordinarily included in financial statements prepared in accordance with the modified cash basis of
accounting are omitted and no assurance is provided
Paris Visitor & Convention Council
Statement of Assets, Liabilities and Net Assets
Modified Cash Basis
April 30, 2025
ASSETS
CURRENT ASSETS
HOT Checking
$ 208,227.38
Reserved- Additional Marketing
27,367.00
Not HOT Checking
267,197.81
Liberty MM 5269
224,161.77
First Federal CD 8703 -NH
52,740.95
Credit Union of Texas 1000 - NH
52,593.02
LNB CD 25490
53 816.44
Total Current Assets 886,204.37
OTHER ASSETS
Due From COC 40.51
Total Other Assets 40.51
Total Assets $ 886,244.88
LIABILITIES AND NET ASSETS
CURRENT LIABILITIES
Due to COC $ 77.30
Due to LCC 3,043.41
Payroll Liabilities 476.80
Total Current Liabilities 3,597.51
NET ASSETS
Retained Earnings 837,523.75
Net Income ..... 45,123.62
Total Net Assets 882 647.37
Total Liabilities and Net Assets
86,244.88
Financial statement preparation service provided by Malnory, McNeal & Company PC, CPAs in accordance with professional standards issued
by the AICPA, substantially all disclosures ordinarily included in financial statements prepared in accordance with the modified cash basis of
accounting are omitted and no assurance is provided
Paris Visitor & Convention Council
Statement of Assets, Liabilities and Net Assets
Modified Cash Basis
May 31, 2025
ASSETS
CURRENT ASSETS
HOT Checking
$ 160,036.74
Reserved- Additional Marketing
27,367.00
Not HOT Checking
268,388.59
Liberty MM 5269
224,161.77
LNB CD 0718
53,816.44
First Federal CD 8703 -NH
52,740.95
Credit Union of Texas 1000 - NH
_ 52693.02
Total Current Assets
839 ,204.51
OTHER ASSETS
Due From COC 90.53
Total Other Assets 90.53
Total Assets $ 839,295.04
LIABILITIES AND NET ASSETS
CURRENT LIABILITIES
Due to COC
$ 38.65
Due to LCC
6,086.77
Payroll Liabilities
480.36
Total Current Liabilities
6,606.78
NET ASSETS
Retained Earnings 837,523.75
Net Income 4 834.49
Total Net Assets 832,689.26
Total Liabilities and Net Assets $ 839,295.04
Financial statement preparation service provided by Malnory, McNeal & Company PC, CPAs in accordance with professional standards issued
by the AICPA, substantially all disclosures ordinarily included in financial statements prepared in accordance with the modified cash basis of
accounting are omitted and no assurance is provided
Paris Visitor & Convention Council
Statement of Assets, Liabilities and Net Assets
Modified Cash Basis
June 30, 2025
ASSETS
CURRENT ASSETS
HOT Checking
$ 350,469.35
Reserved- Additional Marketing
27,367.00
Not HOT Checking
262,718.22
Liberty MM 5269
224,161.77
LN B CD 25490
54,141.99
First Federal CD 8703 -NH
52,740.95
Credit Union of Texas 1000 - NH
5 2693.02
Total Current Assets 1,024,292.30
OTHER ASSETS
Due From COC 173.14
Total Other Assets 173.14
Total Assets $ 1024,465.44
LIABILITIES AND NET ASSETS
CURRENT LIABILITIES
Due to COC $ 6,746.24
Due to LCC 122,423.93
Payroll Liabilities .......480.34
Total Current Liabilities 129,650.51
NET -ASSETS
Retained Earnings 837,523.75
Net Income 57"291'18
Total Net Assets 894,814.93
Total Liabilities and Net Assets $ 1,0241465.44
Financial statement preparation service provided by Malnory, McNeal & Company PC, CPAs in accordance with professional standards issued
by the AICPA, substantially all disclosures ordinarily included in financial statements prepared in accordance with the modified cash basis of
accounting are omitted and no assurance is provided
Paris Visitor & Convention Council
Budget to Actual, Year to Date
Modified Cash Basis
For the 7 Months Ended April 30, 2025
7 Months Ended 7 Months Ended
Apr 30, 2025 Apr 30, 2025 Variance % of Budget Annual Budget
Actual Budget
Revenue
Hotel / Motel Occupancy Tax $ 502,175.68 $ 475,000.00 $ 27,175.68 105.72 % $ 950,000.00
Hot Money Interest 2„491.202 18750 303.70 113.88% 3„75000
Total Revenue
Overatina Expenses
Executive Management Fee
Postage
Misc Expenses
General Liability
D & O' Insurance
Worker's Comp
Staff lnsJRetirement
Meetings & Hosting
Chamber Management
Out of Town Travel
Intown Auto/Exp Allowance
Membership Dues/Sub.
Audit/Tax
Bookkeeping
Payroll Expenses
ABBS Wage Reimburement
Payroll Tax Expense
Office Expense
Communications
Historical Museum
Bank Service Charge
Motel Tax Transferred to LCC
Marketing / Advertising
Chaparral Square Dancers
Tour de Paris Exp
Lamar Co Days in Austin Exp
ASA
SDBA Boat Races
TMBRA Bicycle Race Exp
903 Sunset Concert Series E)
Pump Track Event
Jettribe Expense
Steak Wars
Prospective Event Exp
Kayak Adventure Exp
Tx Champion Jetski
Events Promotion / Funding
Arts Allocation
Pump Track
Rent to COC
Total Operating Expenses
Operating Income (Loss)
504,666.88
477,187-50
105.76%
953,750.00
__27j479-38
15,000.00
15,000.00
0.00
100.00%
15,000.00
11.04
40.00
(28.96)
27.60%
500.00
174.48
175.00
(0.52)
99.70%
850.00
0.00
0.00
0.00
0.00%
2,000.00
1,831..50
1,700.00
131.50
107.74%
1,700.00
441.43
450.00
(8.57)
98.10%
1,000.00
4,606.90
7,148.19
(2,541.29)
64.45%
12,254.00
475.37
470.00
5.37
101.14%
500.00
25,000.00
25,000.00
0.00
100.00%
50,000.00
537.74
350.00
187.74
163.64%
4,000.00
1,400.00
1,750.00
(350.00)
80.00%
3,000.00
1,100.00
1,350.00
(250.00)
81.48%
6,800.00
0.00
0.00
0.00
0.00%
3,000.00
5,158.41
4,083.35
1,075.06
126.33%
7,000.00
54,149.44
53,025.00
1,124.44
102.12%
90,903.00
(2,228.36)
0.00
(2,228.36)
0.00%
0.00
4,294.54
5,250.60
(956.06)
81.79%
9,001.00
611.08
1,750.00
(1,138.92)
34.92%
3,000.00
1,569.54
2,041.69
(472.15)
76.87%
3,500.00
3,500.00
3,500.00
0.00'
100.00%
3,500.00
136.46
290.00
(153.54)
47.06%
500.00
251,087.84
237,500.00
13,587.84
105.72%
475,000.00
29,608.05
18,500.00
11,108.05
160.04%
95,000.00
55.05
50.00
.5.05
110.10%
2,100.00
886.47
1,000.00
(113.53)
88.65%
32,000.00
1,653.03
1,600.00
53.03
103.31 %
5,992.00
2,533.05
2,500.00
33.05
101.32%
13,000.00
0.00
0.00
0.00
0.00%
9,000.00
9,049.97
9,700.00
(650.03)
93.30%
14,000.00
13,650.00
13,650.00
0.00
100.00%
25,000.00
340.90
0.00
340.90
0.00%
0.00
0.00
0.00
0.00
0.00%
10,000.00
5,000.00
5,000.00
0.00
100.00%
5,000.00
0.00
0.00
0.00
0.00%
50,000.00
10,000.00
10,000.00
0.00
100.00%
10,000.00
0.00
0.00
0.00
0.00%
10,000.00
21,525.00
20,500.00
1,025.00
105.00%
60,000.00
7,000.00
7,000.00
0.00
100.00%
7,000.00
0.00
350.00
(350.00)
0.00%
2,500.00
8 400.00
_L400.90
0.00
100.00 %
____14,400.00
478,558.93
459,123.83
11,435.10
104.23%
1,058,000.00
26,107.95
18,063.67
8,044.28144.53%
_ _
(104,250.00)
Financial statement preparation service provided by Malnory, McNeal & Company PC, CPAs in accordance with professional standards issued
by the AICPA, substantially all disclosures ordinarily included in financial statements prepared in accordance with the modified cash basis of
accounting are omitted and no assurance is provided
NOT -HOT INCOME
Misc Income
Trolley / Historical
Tour de Paris Income
TMBRA Bicycle Race
Pump Track Event Income
Prospective Event Income
Souvenir Sales
Interest Income
Total Not -Hot Income
NOT -HOT EXPENSES
Credit Card Fees
Trolley Driver
Trolley Expenses
Trolley Insurance
Souvenir Exp
Misc NH Expense
Total Not -Hot Expenses
Net Income (Loss)
Paris Visitor & Convention Council
Budget to Actual, Year to Date
Modified Cash Basis
For the 7 Months Ended April 30, 2026
124.75
0.00
124.75
0.00%
0.00
7,695.00
6,000.00
1,695.00
128.25%
6,000.00
9;921.65
9,300.00
621.65
106.68%
50,000.00
14,789.00
14,000.00
789.00
105.64%
14,000.00
30.00
30.00
0.00
0.00%
1,000.00
0.00
0.00
0.00
0.00%
50,000.00
908.02
930.00
(21.98)
97.64%
4,000.00
1,986.46
2,187.50
X201.04
90.81 %
3,750.00
35,454:88
32,447.50
3,007.38
109.27%
128 750.00
141.77
1,166.69
(1,024.92)
12.15%
2,000.00
1,102.50
1,085.00
17.50
101.61 °%
2,500.00
1,566.74
1,842.00
(275.26)
85.06%
5,000.00
2,837.00
2,500.00
337.00
113.48%
2,500.00
320.50.
320.00
0.50
100.16%
5,000.00
10,470.70
0.00
10,470.70
0.00%
0.00
16 439.21
6913.69
9,525.52
237.78%
17,000.00
$ 45,123.62 $
43-
597.48 $
1 526.14 �..am.
103.50 %
7L500.2.0
Financial statement preparation service provided by Malnory, McNeal & Company PC, CPAs in accordance with professional standards issued
by the AICPA, substantially all disclosures ordinarily included in financial statements prepared in accordance with the modified cash basis of
accounting are omitted and no assurance is provided
Paris Visitor & Convention Council
Budget to Actual, Current Month and Prior Year Period
Modified Cash Basis
For 1 Month Ended April 30, 2025 and 2024 and 7 Months Ended April 30, 2024
Financial statement preparation service provided by Malnory, McNeal & Company PC, CPAs in accordance with professional standards issued
by the AICPA, substantially all disclosures ordinarily included in financial statements prepared in accordance with the modified cash basis of
accounting are omitted and no assurance is provided
1 Month Ended
1 Month Ended
1 Month Ended
7 Months Ended
Apr 30, 2025
Apr 30, 2025
Apr 30, 2024
Apr 30, 2024
Actual
Budget
Actual
Actual
REVENUE
Hotel / Motel Occupancy Tax
$ 0.00
$ 0.00
$ 0.00
$ 467,060.14
Hot Money Interest
�.... 12.44
_ _ .5
---1 745.57
..
__1,745.57
_3�??
Total Revenue
12.44
3 12.50
470,191.91
OPERATING' EXPENSES
Postage
9.00
0.00
0.00
5.50
Misc Expenses
0.00
0.00
0.00
99.75
D & 0 Insurance
0.00
0.00
0.00
1,821.00
Workers Comp
0.00
0.00
0.00
646.90
Staff Ins./Retirement
884.83
1,021.17
566.42
3,954.01
Meetings & Hosting
0.00
0.00
0.00
21.64
Chamber Management
0.00
0.00
0.00
25,000.00
Out of Town Travel
0.00
0.00
0.00
432.15
Intown Auto/Exp Allowance
200.00
250.00
200.00
1,400.00
Membership Dues/Sub.
850.00
850.00
75.00
1,250.00
Bookkeeping
612.50
563.33
581.25
4,334.75
Payroll Expenses
7,168.00
7,575.00
7,136.52
50,858.14
Payroll Tax Expense
562.06
750.08
540.78
3,997.92.
Office Expense
0.00
250.00
160.49
1,293.71
Communications
238.17
291.67
183.85
1,097.44
Historical Museum
0.00
0.00
0.00
3,500.00
Bank Service Charge
21.32
42.00
17.06
310.84
Motel Tax Transferred to LCC
0.00
0.00
0.00
233,530.07
Marketing / Advertising
2,049.80
2,000.00
4,000.00
29,877.18
Chaparral Square Dancers
0.00
0.00
0.00
65.66
Tour de Paris Exp
886.47
1,000.00
0.00
850.00
ASA
2,533.05
2,500.00
0.00
0.00
SDBA Boat Races
0.00
0.00
100.00
100.00
TMBRA Bicycle Race Exp
0.00
0.00
2,741.12
7,182.98
903 Sunset Concert Series Exp
0.00
0.06
0.00
3,295.57
Red Bull Qualifier Exp
0.00
0.00
1,846.30
2,994.64
Pump Track Event
0.00
0.00
0.00
6,126.04
Branding Discovery
0.00
0.00
0.00
750.00
Eclipse Expense
0.00
0.00
0.00
301.00
Steak Wars
0.00
0.00
0.00
10,000.00
Events Promotion / Funding
2,137.50
2,100.00
10,245.00
34,060.00
Arts Allocation
0.00
0.00
0.00
7,000.00
Rent to COC
1,200.00
1 213.25
Total Operating Expenses
19 352.70
20 413.25
29,393.79
443156.89,
Operating Income (Loss)
'I9,340.26
20100.75
27 648.22
r
27,035 02
NOT -HOT INCOME
Trolley / Historical
950.00
0.00
150.00
7,620.37
Tour de Paris Income
2,531.65
2,500.00
4,500.00
10,107.19
TMBRA Bicycle Race
0.00
0.00
0.00
14,122.80
Pump Track Event Income
30.00
30.00
0.00
1,645.00
Sbuvenir Sales
0.00
0.00
1,156.63
4,653.18
Interest Income
765.76
_... .._ 312.50
1 655.85
3,002.94
Total Other Income
4,277.41
2,842.50
7,462.48
41,151.48
Trolley Driver
0.00
0.00
0.00
1,120.00
Trolley Expenses
110.31
110.00
348.75
2,543.90
Trolley Insurance
0.00
0.00
186.48
1,310.60
Financial statement preparation service provided by Malnory, McNeal & Company PC, CPAs in accordance with professional standards issued
by the AICPA, substantially all disclosures ordinarily included in financial statements prepared in accordance with the modified cash basis of
accounting are omitted and no assurance is provided
Paris Visitor & Convention Council
Budget to Actual, Current Month and Prior Year Period
Modified Cash Basis
For I Month Ended April 30, 2025 and 2024 and 7 Months Ended April 30, 2024
Souvenir Exp
0.00
0.00
584.44
2,988.12
Misc NH Expense0
0.00
� _....
'
m.83.08
3,153.33
Tdtal Not -Hot Expenses
128 26
276.67
1,202.75
11,953.74
Net Income (Loss)X21,388.49^
$
56,232.76
Financial statement preparation service provided by Malnory, McNeal & Company PC, CPAs in accordance with professional standards issued
by the AICPA, substantially all disclosures ordinarily included in financial statements prepared in accordance with the modified cash basis of
accounting are omitted and no assurance is provided
Revenue
Hotel / Motel Occupancy Tax
Hot Money Interest
Total Revenue
Overatina Expenses
Executive Management Fee
Postage
Misc Expenses
General Liability
D & O Insurance
Worker's Comp
Staff InsJRetirement
Meetings & Hosting
Chamber Management
Out of Town Travel
Intown Auto/Exp Allowance
Membership Dues/Sub.
Audit/Tax
Bookkeeping
Payroll Expenses
ABBS Wage Reimburement
Payroll Tax Expense
Office Expense
Communications
Historical Museum
Bank Service Charge
Motel Tax Transferred to LCC
Marketing / Advertising
Pump.Track Event
Chaparral Square Dancers
Tour de Paris Exp
Lamar Co Days in Austin Exp
ASA
SDBA Boat Races
TMBRA Bicycle Race Exp
903 Sunset Concert Series E)
Jettribe Expense
Steak Wars
Prospective Event Exp
Kayak Adventure Exp
Tx Champion Jetski
Events Promotion / Funding
Arts Allocation
Rent to COC
Total Operating Expenses
Operating Income (Loss)
Paris Visitor & Convention Council
Budget to Actual, Year to Date
Modified Cash Basis
For the 8 Months Ended May 31, 2025
8 Months Ended 8 Months Ended
May 31, 2025 May 31, 2025 Variance % of Budget Annual Budget
Actual Budget
$ 502,175.68 $ 475,000.00 $ 27,175.68 105.72 % $ 950,000.00
`k89705 2,500.00 317.05 112.68 % ...._ 3n750�00
504,992.73 477 500.00 27492-73 105.76% 953,750.00
15,000.00
19.69
174.48
0.00
1,831.50
441.43
5,043.52
475.37
37, 500.00
537.74
1,600.00
1,100.00
0.00
5,745.91
61,317.44
(2,228.36)
4,827.01
877.45
1,798.26
3,500.00
157.78
251,087.84
31,668.05
340.90
55.05
1,064.47
1,653.03
3,533.05
9,640.00
9,049.97
17,786.82
6,819.84
5,000.00
0.00
10,000.00
0.00
25,757.50
7,000.00
�......_ 9,600.00..
529.775.74
24,783.01
15,000.00
50.00
175.00
0.00
1,700.00
450.00
8,169.36
470.00
37,500.00
350.00
2,000.00
1,350.00
0.00
4,666.68
60,600.00
0.00
6,000.68
2,000.00
2,333.36
3,500.00
332.00
237,500.00
31,700.00
350.00
50.00
1,200.00
1,600.00
3,500.00
9,640.00
9,750.00
17,850.00
7,000.00
5,000.00
0.00
10,000.00
0.00
25,900.00
7,000.00
9,600.00
524.287.08
4(687.08
0.00
(30.31)
(0.52)
0.00
131.50
(8.57)
(3,125.84)
5.37
0.00
187.74
(400.00)
(250.00)
0.00
1,079.23
717.44
(2,228.36)
(1,173.67)
(1,122.55)
(535.10)
0.00
(174.22)
13,587.84
(31.95)
(9.10)
5.05
(135.53)
53.03
33.05
0.00
(700.03)
(63.18)
(180.16)
0.00
0.00
0.00
0.00
(142.50)
0.00
0.00
100.00%
39.38%
99.70%
0.00%
107.74%
98.10%
61.74%
101.14%
100.00%
153.64%
80.00%
81.48%
0.00%
123.13%
101.18%
0.00%
80.44%
43.87%
77.07%
100.00%
47.52%
105.72%
99.90%
97.40%
110.10%
88.71 %
103.31 %
100.94%
100.00%
92.82%
99.65%
97.43%
100.00%
0.00%
100.00%
0.00%
99.45%
100.00%
_m
100.00%
5488.66 101.05%
22,004.07�m... 52.97 %
15,000.00
500.00
850.00
2,000.00
1,700.00
1,000.00
12,254.00
500.00
50,000.00
4,000.00
3,000.00
6,800.00
3,000.00
7,000.00
90,903.00
0.00
9,001.00
3,000.00
3,500.00
3,500.00
500.00
475,000.00
95,000.00
1,860.00
2,100.00
32,000.00
5,992.00
13,000.00
9,640.00
14,000.00
25,000.00
10,000.00
5,000.00
50,000.00
10,000.00
10,000.00
60,000.00
7,000.00
14,400.00
1,058,000.00
104 250.00)
Financial statement preparation service provided by Malnory, McNeal & Company PC, CPAs in accordance with professional standards issued
by the AICPA, substantially all disclosures ordinarily included in financial statements prepared in accordance with the modified cash basis of
accounting are omitted and no assurance is provided
Paris Visitor & Convention Council
Budget to Actual, Year to Date
Modified Cash Basis
For the 8 Months Ended May 31, 2025
NOT -HOT INCOME
Misc Income
124.75
0.00
124.75
0.00
Trolley / Historical
7,695.00
6,000.00
1,695.00
128.25%
6,000.00
Tour de Paris Income
12,349.92
11,800.00
549.92
104.66%
50,000.00
TMBRA Bicycle Race
14,789.00
14,000.00
789.00
105.64%
14,000.00
Pump Track Event Income
30.00
30.00
0.00
100.00%
1,000.00
Prospgdive Event Income
0.00
0.00
0.00
50,000.00
Souvenir Sales
1,020.08
1,055.00
(34.92)
96.69%
4,000.00
Interest Income
............ .. 1 817.69 ______2,500-00
68( 2.31) _
w„ 72.71 % µ
m ITIT3,750.00
Total Not -Hot Income37,826.44
35,385.00 ,
2,441.44
106.90%
128 750.00
NOT -HOT EXPENSES
Credit Card Fees
159.72
1,333.36
(1,173.64)
11.98%
2,000.00
Trolley Driver
1,242.50
1,225.00
17.50
101.43%
2,500.00
Trolley Expenses
1,612.52
1,887.00
(274.48)
85,45%
5,000.00
Trolley Insurance,
2,837.00
2,500.00
337.00
113.48%
2,500.00
Souvenir Exp
1,437.28
1,520:00
(82.72)
94.56%
5,000.00
Misc NH Expense
_10,588.90
0.000 ,
10,588.90
0.00
Total Not -Hot Expenses
17,877.92211.19
_8,465.36
9 412.56.
%
17,000.00
Net Income (Loss)
$ 4,834.49 $
19,867.44 $
16,032.96
24.33%
7M500.00
Financial statement preparation service provided by Malnory, McNeal & Company PC, CPAs in accordance with professional standards issued
by the AICPA, substantially all disclosures ordinarily included in financial statements prepared in accordance with the modified cash basis of
accounting are omitted and no assurance is provided
Paris Visitor & Convention Council
Budget to Actual, Current Month and Prior Year Period
Modified Cash Basis
For 1 Month Ended May 31, 2025 and 2024 and 8 Months Ended May 31, 2024
1 Month Ended
1 Month Ended
1 Month Ended
8 Months Ended
May 31, 2025
May 31, 2025
May 31, 2024
May 31, 2024
Actual
Budget
Actual
Actual
REVENUE
Hotal'/ Motel Occupancy Tax
$ 0.00
$ 0.00
$ 232,683.72
$ 699,743.86
Hot Money Interest
9.25
m mmmm354.44
3„486.21
Total Revenue
9.25
312.50
233,038.16
703,230.07
OPERATING EXPENSES
Postage
8.65
10.00
0.00
5.50
Misc Expenses
0.00
0.00
0.00
99.75
General Liability
0.00
0.00
2,000.00
2,000.00
D & O Insurance
0.00
0.00
0.00
1,821.00
Workers Comp
0.00
0.00
0.00
646.90
Staff Ins./Retirement
573.20
1,021.17
573.43
4,527.44
Meetings & Hosting
0.00
0.00
0.00
21.64
Chamber Management
12,500.00
12,500.00
12,500.00
37,500.00
Out of Town Travel
0.00
0.00
46.66
478.81
Intown Auto/Exp Allowance
200.00
250.00
200.00
1,600.00
Membership Dues/Sub.
0.00
0.00
0.00
1,250.00
Bookkeeping
587.50
583.33
797.92
5,132.67
Payroll Expenses
7,168.00
7,575.00
7,276.76
58,134.90
Payroll Tax Expense
532.47
750.08
551.50
4,549.42
Office Expense
266.37
250.00
289.43
1,583.14
Communications
228.72
291.67
366.96
1,464.40
Historical Museum
0.00
0.00
0.00
3,500.00
Bank Service Charge
21.32
42.00
17.06
327.90
Motel Tax Transferred to LCC
0.00
0.00
116,341.86
349,871.93
Marketing / Advertising
2,060.00
2,100.00
2,000.00
31,877.18
Chaparral Square Dancers
0.00
0.00
0.00
65.66
Tour de Paris Exp
178.00
200.00
1,319.81
2,169.81
ASA
1,000.00
1,000.00
2,121.65
2,121.65
SDBA Boat Races
9,640.00
9,640.00
0.00
100.00
TMBRA Bicycle Race Exp
50.00
50.00
0.00
7,182.98
903 Sunset Concert Series Exp
4,136.82
4,200.00
0.00
3,295.57
Red Bull Qualifier Exp
0.00
0.00
0.00
2,994.64
Pump Track Event
0.00
0.00
0.00
6,126.04
Branding Discovery
0.00
0.00
0.00
750.00
Jettribe Expense
6,819.84
7,000.00
9,700.00
9,700.00
Eclipse Expense
0.00
0.00
56.78
357.78
Steak Wars
0.00
0.00
0.00
10,000.00
Events Promotion / Funding
4,232.50
4,300.00
5,950.00
40,010.00
Arts Allocation
0.00
0.00
0.00
7,000.00
Rent to COC1200.00,
. _
1,200.00
1,000.00.
800,40.00
Total Operating Expenses
51,403.39
52 963.25
163,109.82
606 266.71
Operating Income (Loss)
X51,394.14
.___52,650.75
69,928.34
96,96336
NOT -HOT INCOME
Trolley / Historical
0.00
0.00
300.00
7,920.37
Tour de Paris Income
2,428.27
2,500.00
1,575.00
11,682.19
TMBRA Bicycle Race
0.00
0.00
0.00
14,122.80
Pump Track Event Income
0.00
0.00
0.00
1,645.00
Souvenir Sales
112.06
125.00
159.77
4,812.95
Interest Income
147.83
312.50
156.96
3,159.90
Trolley Driver
140.00
140.00
0.00
1,120.00
Trolley Insurance
0.00
0.00
186.48
1,497.08
Financial statement preparation service provided by Malnory; McNeal & Company PC, CPAs in accordance with professional standards issued
by the AICPA, substantially all disclosures ordinarily included in financial statements prepared in accordance with the modified cash basis of
accpanting are omitted and no assurance is provided
Paris Visitor & Convention Council
Budget to Actual, Current Month and Prior Year Period
Modified Cash Basis
For 1 Month Ended May 31, 2025 and 2024 and 8 Months Ended May 31, 2024
Souvenir Exp
1,116.78
1,200.00
9.76
2,997.88
Misc NH Expense
w 118.20
0.001.85
......p4489�
4„576.18
Total Not -Hot Expenses
4 126.87
.17
3916.25
57,021.47
Net Income (Loss)
$_ _ 55,52101 $�M
57,139.92) $
66,012.09 $
•_ 39,941.89
Financial statement preparation service provided by Malnory, McNeal & Company PC, CPAs in accordance with professional standards issued
by the AICPA, substantially all disclosures ordinarily included in financial statements prepared in accordance with the modified cash basis of
accounting are omitted and no assurance is provided
Paris Visitor & Convention Council
Budget to Actual, Year to Date
Modified Cash Basis
For -the 9 Months Ended June 30, 2026
9 Months Ended 9 Months Ended
Jun 30, 2025 Jun 30, 2025 Variance
Actual Budget
Revenue
Hotel / Motel Occupancy Tax $ 740,936.76 $ 712,500.00 $ 28,436.76
Hot Money Interest mmm,m, 3�159m.22..m .m_ 2,812.50. 346.72
Total Revenue
Overatina Exaenses
Executive Management Fee
Postage
Misc Expenses
General Liability
D & O Insurance
Worker's Comp
Staff Ins./Retirement
Meetings & Hosting
Chamber Management
Out of Town Tavel
Intown.Auto/Exp Allowance
Membership Dues/Sub.
Audit/Tax
Bookkeeping
Payroll Expenses
ABBS Wage Reimburement
Payroll Tax Expense
Office Expense
Communications
Histbrical Museum
Bank Service Charge
Motel Tax Transferred to LCC
Marketing / Advertising
Pump Track Event
Chaparral Square Dancers
Tour de Paris Exp
Uncle Jessie's Exp
Lamar Co Days in Austin Exp
ASA
SDBA Boat Races
TMBRA Bicycle Race Exp
903 Sunset Concert Series E)
Jettribe Expense
Steak Wars
Prospective Event Exp
Kayak Adventure Exp
Tx Champion Jetski
Events Promotion / Funding
Arts Allocation
Rent to COC
744,095.98 715,312.50
28,783.48
15,000.00
19.69
174.48
0.00
1,831.50
441.43
5,618.20
475.37
37,500.00
1,533.79
1,800.00
1,100.00
0.00
6,312.58
68,341.44
(2,228.36)
5,344.95
1,163.22
2,018.17
3,500.00
179.10
370,468.38
39,416.30
340.90
55.05
2,045.01
1,000.00
1,653.03
11,280.54
9,640.00
9,049.97
26,963.65
10,362.17
5,000.00
0.00
10,000.00
0.00
35,965.00
7,000.00
10 800.00
Total Operating Expenses 701,165.56
Operating Income (Loss) 42,930.42
15,000.00
50.00
175.00
0.00
1,700.00
450.00
9,190.52
470.00
37,500.00
1,350.00
2,250.00
1,350.00
0.00
5,250.01
68,175.00
0.00
6,750.76
2,250.00
2,625.02
3,500.00
374.00
356,250.00
39,700.00
350.00
50.00
2,200.00
0.00
1,600.00
11,500.00
9,640.00
9,750.00
25,000.00
10,000.00
5,000.00
0.00
10,000.00
0.00
30,400.00
7,000.00
---1 l Q 80000
687,650.31
27,662.1w9
0.00
(30.31)
(0.52)
0.00
131.50
(8.57)
(3,572.32)
5.37
0.00
183.79
(450.00)
(250.00)
0.00
1,062.57
166.44
(2,228.36)
(1,405.81)
(1,086.78)
(606.85)
0.00
(194.90)
14,218.38
(283.70)
(9.10)
5.05
(154.99)
1,000.00
53.03
(219.46)
0.00
(700.03)
1,963.65
362.17
0.00
0.00
0.00
0.00
5,565.00
0.00
0.00
13,515.25
15,268.23
% of Budget Annual Budget
103.99 % $ 950,000.00
112.33% _..„_ 3,750.00
104.02% 953,750.00
100.00%
39.38%
99.70%
0.00%
107.74%
98.10%
61.13%
101.14%
100.00%
113.61 %
80.00%
81.48%
0.00%
120.24%
100.24%
0.00%
79,18%
51,70%
76.88%
100.00%
47.89%
103.99%
99.29%
97.40%
110.10%
92.96%
103.31 %
98.09%
100.00%
92.82%
107.85%
103.62%
100.00%
0.00%
100.00%
0.00%
118.31 %
100.00%
100.00%
101.97%
155.20%
15,000.00
500.00
850.00
2,000.00
1,700.00
1,000.00
12,254.00
500.00
50,000.00
4,000.00
3,000.00
6,800.00
3,000.00
7,000.00
90,903.00
0.00
9,001.00
3,000.00
3,500.00
3,500.00
500.00
475,000.00
95,000.00
1,860.00
2,100.00
32,000.00
0.00
5,992.00
13,000.00
9,640.00
14,000.00
25,000.00
10,000.00
5,000.00
50,000.00
10,000.00
10,000.00
60,000.00
7,000.00
14,400.00
1,058,000.00
(104,250.00)
Financial statement preparation service provided by Malnory, McNeal & Company PC, CPAs in accordance with professional standards issued
by the AICPA, substantially all disclosures ordinarily included in financial statements prepared in accordance with the modified cash basis of
accounting are omitted and no assurance is provided
NOT -HOT INCOME
Misc Income
Trolley / Historical
Tour de Paris Income
TMBRA Bicycle Race
Pump Track Event Income
Prospective Event Income
Souvenir Sales
Interest Income
Total Not -Hot Income
NOT -HOT EXPENSES
Credit Card Fees
Trolley Driver
Trolley Expenses
Trolley Insurance
Souvenir Exlp
Misc NH Expense
Total Not -Hot Expenses
Net Income (Loss)
Paris Visitor & Convention Council
Budget to Actual, Year to Date
Modified Cash Basis
For the 9 Months Ended June 30, 2025
124.75
0.00
124.75
8,095.00
6,000.00
2,095.00
134.92%
10,849.92
11,800.00
(950.08)
91.95%
14,789.00
14,000.00
789.00
105.64%
30.00
30.00
0.00
100.00%
0.00
0.00
0.00
1,409.72
1,455.00
(45.28)
96.89%
. „ 1,958.24 m
2,812_§q
854.26)
69.63%
37,256.63
36,097.50
1159.13
103.21 %
177.67
1,500.02
(1,322.35)
11.84%
1,242.50
1,225.00
17.50
101.43%
1,612.52
1,887.00
(274.48)
85.45%
2,837.00
2,500.00
337.00
113,48%
1,437.28
1,520.00
(82.72)
94.56%
. 15,588.90„
_ 0.00.....15
_. 588.90
22,895.87
632.02
8,632.02
14 ,263.85
265.24%
$ 57 291.18
55,127.67 $
2,163.51
103.92%
0.00
6,000.00
50,000.00
14,000.00
1,000.00
50,000.00
4,000.00
3.750.00
128,750.00
2,000.00
2,500.00
5,000.00
2,500.00
5,000.00
0.00
17,000.00
7,500.00
Financial statement preparation service provided by Malnory, McNeal & Company PC, CPAs in accordance with professional standards issued
by the AICPA, substantially all disclosures ordinarily included in financial statements prepared in accordance with the modified cash basis of
accounting are omitted and no assurance is provided
Paris Visitor & Convention Council
Budget to Actual, Current Month and Prior Year Period
Modified Cash Basis
For 1 Month Ended June 30, 2025 and 2024 and 9 Months Ended June 30, 2024
Financial statement preparation service provided by Malnory, McNeal & Company PC, CPAs in accordance with professional standards issued
by the AICPA, substantially all disclosures ordinarily included in financial statements prepared in accordance with the modified cash basis of
accounting are omitted and no assurance is provided
1 Month Ended
1 Month Ended
1 Month Ended
9 Months Ended
Jun 30, 2025
Jun 30, 2025
Jun 30, 2024
Jun 30, 2024
Actual
Budget
Actual
Actual
REVENUE
Hotel / Motel Occupancy Tax
$ 238,761.08
$ 237,500.00
$ 0.00
$ 699,743.86
Hot Money Interest
342.17
312.50
_ 639.88
4,126.09
Total Revenue
239,103.25
237,812.50
639.88
703,869.95
OPERATING EXPENSES
Postage
0.00
0.00
3.98
9.48
Misc Expenses
0.00
0.00
0.00
99.75
General Liability
0.00
0.00
0.00
2,000.00
D & O Insurance
0.00
0.00
0.00
1,821.00
Worker's Comp
0.00
0.00
0.00
646.90
Staff Ins./Retirement
438.10
1,021.16
609.05
5,136.49
Meetings & Hosting
0.00
0.00
0.00
21.64
Chamber Management
0.00
0.00
0.00
37,500.00
Out of Town Travel
996.05
1,000.00
0.00
478.81
Intown Auto/Exp Allowance
200.00
250.00
200.00
1,800.00
Membership Dues/Sub.
0.00
0.00
0.00
1,250.00
Bookkeeping
566.67
583.33
647.91
5,780.58
Payroll Expenses
7,024.00
7,575.00
6,856.04
64,990.94
Payroll Tax Expense
517.94
750.08
519.33
5,068.75
Office Expense
285.77
250.00
107.68
1,690.82
Communications
219.91
291.66
208.49
1,672.89
Historical Museum
0.00
0.00
0.00
3,500.00
Bank Service Charge
21.32
42.00
17.06
344.96
Motel Tax Transferred to LCC
119,380.54
118,750.00
0.00
349,871.93
Marketing / Advertising
7,748.25
8,000.00
14,063.88
45,941.06
Chaparral Square Dancers
0.00
0.00
0.00
65.66
Tour de Paris Exp
980.54
1,000.00
2,687.56
4,857.37
UncleJessie's Exp
1,000.00
0.00
0.00
0.00
ASA
7,747.49
8,000.00
10,369.15
12,490.80
SDBA Boat Races
0.00
0.00
0.00
100.00
TMBRA Bicycle Race Exp
0.00
0.00
0.00
7,182.98
903 Sunset Concert Series Exp
9,176.83
7,150.00
2,020.00
5,315.57
Red Bull Qualifier Exp
0.00
0.00
0.00
2,994.64
Pump Track Event
0.00
0.00
0.00
6,126.04
Branding Discovery
0.00
0.00
0.00
.750.00
Jettribe Expense
3,542.33
3,000.00
319.60
10,019.60
Eclipse Expense
0.00
0.00
0.00
357.78
Steak Wars
0.00
0.00
0.00
10,000.00
Events Promotion / Funding
10,207.50
4,500.00
3,187.50
43,197.50
Arts Allocation
0.00
0.00
0.00
7,000.00
Rent to COC
-1,,200.00
1,20000
1,000.00
9,000.00
Total Operating Expenses
171,253.24
163,363.23
42,817.23
649,083.94
Operating Income (Loss)
67,850.01
74,449 2742,177.35
54,786.01
NOT -HOT INCOME
Trolley / Historical
400.00
0.00
300.00
8,220.37
Tour de Paris Income
0.00
0.00
2,048.08
13,730.27
TMBRA Bicycle Race
0.00
0.00
0.00
14,122.80
Pump Track Event Income
0.00
0.00
0.00
1,645.00
Souvenir Sales
389.64
400.00
266.40
5,079.35
Interest Income
140.55
312.50
1,403.38
4,563.28
Trolley Driver
0.00
0.00
0.00
1,120.00
Financial statement preparation service provided by Malnory, McNeal & Company PC, CPAs in accordance with professional standards issued
by the AICPA, substantially all disclosures ordinarily included in financial statements prepared in accordance with the modified cash basis of
accounting are omitted and no assurance is provided
Paris Visitor & Convention Council
Budget to Actual, Current Month and Prior Year Period
Modified Cash Basis
For 1 Month Ended June 30, 2025 and 2024 and 9 Months Ended June 30, 2024
Trolley Insurance 0.00 0.00 186.48 1,683.56
Souvenir Exp 0.00 0.00 0.00 2,997.88
Misc NH Expense 5 948.104 879 00 80.99 _�. 4„657.17
Total Not -Hot Expenses 76 4,773.19 61,794.66
Net Income (Loss) $ 61,901.87 $ _._.. 73,57017 $ 46,950.54 $ 7 00865
Financial statement preparation service provided by Malnory, McNeal & Company PC, CPAs in accordance with professional standards issued
by the AICPA, substantially all disclosures ordinarily included in financial statements prepared in accordance with the modified cash basis of
accounting are omitted and no assurance is provided
MINUTES OF THE REGULAR MEETING FOR
TAX INCREMENT REINVESTMENT ZONE TIRZ BOARD
PARIS TEXAS
CITY COUNCIL CHAMBER 107 E. KAUFMAN ST PARIS TEXAS
THURSDAY, MAY 08, 2025
4:00 O'CLOCK P.M.
Members present: Cody Head, Chairman; Miles Mathieu, Vice -Chairman; Thomas
McMonagle, Secretary; Maureen Hammond, Reeves Hayter, and
Pam Norwood
City Staff: Rose Beverly, City Manager; Rob Vine, Deputy City Manager;
Stephanie Harris, City Attorney; Osei Amo-Mensah, Director of
Planning and Community Development; and Skylar Unger, Deputy
City Clerk;
Absent: Dillon Cecil
1. Call meeting to order.
Chairman Head called the meeting to order at 4:01 P.M.
2. Citizens' input.
No one came forward during citizens' input.
3. Approve minutes from the Special meeting on April 10, 2025.
A Motion to approve the minutes as presented was made by Mr. McMonigle and seconded by Mr.
Mathieu. Motion carried 6 ayes – 0 nays.
4. Update on the current Project Plan.
Deputy City Manager Rob Vine distributed a list of Catalyst Projects compiled by Mainstreet Coordinator
Cheri Bedford. The list outlines the status of each project—categorized as completed, in progress, or
incomplete, along with estimated costs. As Ms. Bedford is currently out of the office, further discussion
was postponed. Mr. Vine noted that upon her return, they will review the list together to refine project
priorities and update cost estimates. Following further questions from the board, Chairman head moved
on to the next item.
5. Update on the current Finance Plan.
Mr. Vine presented the Board with a list of currently active permits within TIRZ Sub -Zone 2 (Downtown),
showing a total valuation of $6,724,327.00. He explained that this figure is based on the valuation of all
active permits. Mr. Vine also noted that a few larger projects are underway but have not yet entered the
permitting phase, so the total valuation is expected to increase in the future. Ms. Hammond said that she
understood staff would be providing projections for all sub -zones for the entire 30 years. Chairman Head
responded that using permit valuations is currently the most accurate method for projecting totals until the
projects are completed. Following further discussion regarding a more effective approach to developing
the projections and their associated timeframe, Chairman Head proceeded to the next agenda item. (Note:
some discussion is hard to hear on the recording due to board members being too far away from their
Page I of 3
microphone.)
6. Review and discuss the 1st Street Renovation Project, including consideration of allocating TIRZ funds
to support the project.
Rob Vine introduced consultant Vance Lyles with MTG Engineers & Surveyors to provide an overview
of the status of the project. Mr. Lyles explained that this is a 2023 CDBG-funded project through the
Texas Department of Agriculture (TDA). The goal is to transform 1 st Street into a more pedestrian -
friendly "plaza." He noted that the addition of eight bump -outs, utility connections for water and power
to support events, and general construction cost increases have raised the overall project cost by
approximately $300,000.00. Mr. Lyles also reported unexpected utility issues and the discovery of a
basement beneath the street, both of which contributed to additional cost increases. The original grant
amount is $500,000.00, with a required match of $129,318.00 provided by the City. The total cost may
increase further depending on the inclusion of alternate items such as landscape beds, irrigation systems,
electrical outlets for food trucks, and glass pavers. Mr. Lyles stated that plans for the environmental review
have been completed, and once clearance is received, the project will be ready to go out for bid—
potentially by mid-to-late June. The TDA contract date is set for the end of the year.
Ms. Hammond said that this was a great project and would significantly enhance the area. She inquired
whether there were any plans to place the utilities underground. Mr. Lyles responded that there are
currently no such plans, as the quote for relocating the overhead electric lines underground was extremely
high. Mr. Vine added that the cost was prohibitively expensive but noted that further discussion with
Oncor could still take place. He stated that he would coordinate with City Engineer Todd Mittge to obtain
a more accurate estimate for the underground utility work.
Mr. Hayter expressed that he was under the impression the street would be permanently closed to traffic
and sought clarification regarding the inclusion of removable bollards. Mr. Vine confirmed that the street
would be permanently closed to through traffic; however, the bollards would be removable to allow food
trucks to enter, park during events, and then be reinstalled. He emphasized that the street would remain
closed to general traffic at all times to maintain safety and minimize confusion.
Guest attendee Chad Lindsey, representing 1st Street Media, spoke in support of the project. He
acknowledged the high cost of relocating utility lines underground but stated that 1 st Street Media would
support the project in any way possible. He also suggested that stamped brick might offer a more cost-
effective and easier -to -maintain alternative to traditional paved brick.
Ms. Hammond expressed surprise that the funding request was being presented to the board at this stage
of the process. She remarked that, given the ongoing planning efforts, submitting piecemeal funding
requests before the planning is complete undermines both the process and the broader vision.
Chairman Head stated that what he found most encouraging about the project was the collaboration it
demonstrated between the Chamber, the City, and potentially the TIRZ Board. While the project may not
fully align with the current planning efforts, he expressed his support for the City moving forward with
initiatives like this.
Ms. Hammond added that if this request were approved, she believed no additional project requests should
be brought forward until the planning process has been completed.
Mr. Vine explained that the reason the funding request was being presented to the board at this time was
due to the City receiving $400,000.00 as part of a disannexation agreement with a solar farm, in lieu of
taxes. He stated that the City of Paris had partnered with the Chamber of Commerce and reached an
agreement for each entity to contribute $100,000.00 from Hotel Occupancy Tax (HOT) funds to help
cover the project's funding shortfall. This would still leave a remaining gap of $100,000.00 in project
Page 2 of 3
funding. Mr. Vine noted that discussions were ongoing at the City Council level regarding how to allocate
the disannexation funds, but mentioned that the TIRZ could be considered as a potential backup funding
source if needed.
Following further discussion Chairman Head moved onto the next item.
7. Request future agenda items.
Future agenda items will include: an update on the estimated cost to relocate the overhead utility lines on
1st Street underground; a current account balance for the TIRZ fund, including projected revenue; an
update on the Project Plan, including associated timelines; and the consideration of tax abatements for the
5 -in -5 Housing Infill Program. Ms. Hammond also proposed holding a community workshop as a future
item for discussion.
8. Adjournment.
There being no further business, a Motion to adjourn was made by Ms. Norwood and seconded by Mr.
McMonagle. Motion carried, 6 ayes — 0 nays. Chairman Head adjourned the,,¢rting at 5:19 P.M.
Page 3 of 3
MINUTES OF THE LOVE CIVIC CENTER BOARD MEETING
OF THE CITY OF PARIS, TEXAS
May 8, 2025
The Love Civic Center Board of the City of Paris met for a regular session at 12:15 p.m. on
Thursday, May 8, 2025, at the Love Civic Center, 2025 S. Collegiate.
Present: Board Members: Gary Flynn, Robert Staples, Patty Nix, Brad Ramsey,
Lauren Wilson, Owen Jobe, Denise Moffitt, Hunter Jones, Brittany
Chaidemenos, and Levi Graham.
City Representatives: Alix Putnam.
Absent: Board Members: Wally Kraft, Brittany Johnson, Bart Chadwick.
Call meeting to order.
Robert Staples, Chairman, called the meeting to order at 12:15 p.m.
Citizens' Forum.
No one present.
3. Approve minutes from the meeting of March, 2025, a motion to approve this item was made by
Owen Jobe, seconded by Brittany Chaidemenos, motion carried, 10 ayes, 0 nays.
4. Receive financial report from Denise Moffitt, a motion to approve this item was made by Levi
Graham, seconded by Hunter Jones. Motion carried, 10 ayes, 0 nays.
Paul Allen stated that the roof repair should start soon. He also stated the tower had been repainted
at bottom and looks great. He lastly stated that the boiler needs to be replaced so looking at a
budget item in next year's budget.
Robert Staples stated that due to Wally Kraft's health, we need to replace him. A motion to approve
board member Trey Kraft was made by Levi Graham, seconded by Robert Staples. Motion carried.
10 ayes, 0 nays.
Adjournment.
There being no further business, A Motion to adjourn was made by Board Member Robert Staples,
seconded by Board Member Levi Graham. Motion carried, 10 ayes — 0 nays.
Robert Staples adjourned the meeting at 12:29p.m.
Robert Staples, Chair
MINUTES OF THE BUILDING AND STANDARDS COMMISSION MEETING
OF THE CITY OF PARIS, TEXAS
JUNE 16, 2025
The Building and Standards Commission of the City of Paris met for a regular session at 3:00 p.m.
on Monday, June 16, 2025, at the City of Paris Council Chambers, 107 E. Kaufman St., Paris,
TX 75460.
Present: Board Members: A.W. "Plug" Clem
Chris Dux
Ken Kohls
Alexander Moore
Absent: Brandon Kearney
Kim Walker
City Representatives: Rose Beverly — City Manager
Robert Talley — Code Enforcement Supervisor
Jacie Brown — Code Enforcement
Osei Amo-Mensah — Director of Planning and
Community Development
Triniti Frazier — Community Development
Coordinator
Clyde Crews — Fire Marshal
Elisabeth Payne — Code Enforcement
1. Call meeting to order.
Chris Dux, Board Member, called the meeting to order at 3:11 p.m.
2. Approve minutes from the meeting of May 19, 2025.
A Motion was made by Chris Dux, to approve minutes. Motion carried
unanimously. 4-0
3. 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:
Building and Standards Meeting
June 16, 2025
Page 2
B. 1404 E Polk; City of Paris, Block 165, Lot 7
Owner: Wildcat Lending Fund One LP; 4800 Dexter Dr, Plano, TX 75093
Robert Talley stated repairs were started on this property but were done so with
permit but inspections were never called in and is not up to code. The permit is now
expired. The roof is leaking and there is severe water damage. No subfloor throughout
structure. Junk and rubbish on back of property.
There was discussion amongst the board, Mr. Talley, and Mr. Bobby Self regarding
the company's future plans with the structure and the situation behind this property.
There was a loan given to the previous only that went unpaid and Wildcat Lending
foreclosed on the property and just recently got it back into their possession. They
plan on securing the structure and then placing it for sell or possibly rehabilitating it.
Robert Talley's recommendation: Declare a nuisance, remove junk and rubbish.
Limbs and brush and demolish structure 30 days, or the city has the right to do
SO.
Motion made by Chris Dux, seconded by Alexander Moore, to remove junk and
rubbish, limbs and brush and pull permits within 60 days, secure structure within
30 days, or this will be brought back before the commission. Motion carried
unanimously. 4-0
A. 2010 E Polk; City of Paris, Block 253-Bm Lot 8
Owner: Sanbonham Ventures LLC; PO Box 383, Frisco, TX 75034
Robert Talley stated the structures roof has collapse and it has foundation damage.
There is also junk and rubbish throughout the structure.
Robert Talley's recommendation: Declare a nuisance, demolition within 30
days, remove junk and rubbish within 30 days, or the city has the right to do
SO.
Motion made by Alexander Moore, seconded by Ken Kohls, to follow staff
recommendation. Motion carried unanimously. 4-0
C. 934 E Polk; Gibbons Park Addition, Block 4, Lot 5
Owner: Rea Guillermo; 1226 S Peach Tree, Mesquite, TX 75149
Robert Talley stated there has been no contact with property owner. The structure is
unsecure and has missing and deteriorating wood on the inside and outside. The floor
has separated and has holes throughout it. The roof is sagging and has holes in it. The
In
E
Building and Standards Meeting
June 16, 2025
Page 3
foundation is sinking on the front of the structure. There is water damage and the
sheetrock is buckled due to that.
Robert Talley's recommendation: Declare a nuisance, remove junk and rubbish
and demolish structure within 30 days or the city has the right to do so.
Motion made by Ken Kohls, seconded by A.W. "Plug" Clem, to follow staff
recommendation. Motion carried unanimously. 4-0
1304 Pine Bluff; City of Paris, Clock 33, Lot 1
Owner: Armitta Barnard Jones; 1304 Pine Bluff, Paris, TX 75460
Robert Talley stated there is a shed on the back of the property that is dilapidated.
It has missing and deteriorating wood on the outside and a tree has grown through
the roof.
Robert Talley's recommendation: Declare a nuisance, demolish shed within
30 days, or city has the right to do so.
Motion made by Chris Dux, seconded by Ken Kohls, to follow staff recommendation.
Motion carried unanimously. 4-0
259 5h SW; City of Paris, Block 119, Lot 10
Owner: Tao Ventures LLC; 1810 Rupley Ln, Dallas, TX 75218
Robert Talley stated the owner was contacted but has made no motions to fix.
There roof is leaking and the structure has foundation damage. There are holes in
the floor as well. There is junk and rubbish throughout entire property that
includes food, tired, boxes, litter, mattresses, broken furniture, buckets and other
scattered items. There is also a dilapidated shed on the property as well.
Robert Talley's recommendation: Declare a nuisance, demo shed and
structure within 30 days, remove junk and rubbish within 30 days, or city
has the right to do so.
Motion made by Chris Dux, seconded by Alexander Moore, to follow staff
recommendation. Motion carried unanimously. 4-0
4. Adjournment.
There being no further business, a
Member, at 3:55p.m.
to odjourn was made by Chris Dux, Board
Paris Public Library Advisory Board
June 1811, 2025
Meeting Minutes
Call to Order:
The regular meeting of the Paris Public Library Advisory Board was called to
order by Chairman Steve Hellmann at 5:00 p.m. Board members present were:
Steve Hellmann, Eva Dickey, Myers Hurt, Abigail Frank, Jennifer Cullum, and Fran
Neely. Melanie Loughmiller was absent. Also in attendance were Friends of the
Library representatives Jennifer Hollje and Jeannie Walter, alongwith Library
Director Connie Lawman and Library SupervisorJudy Vickers.
II. Citizens Forum:
No citizens addressed the board.
III. Approval:
The minutes of the May 21St, 2025, meeting were approved with the request to
strike Section VI (e) "Connie submitted the graphic that was created to the city
council." Connie stated that no one has seen the graphic yet. With no further
correction requests, Eva made the motion to approve the corrected minutes
with Fran providing the second.
IV. Statistics Update:
a. New statistics:
Connie shared the updated statistics with the board, citing multiple areas of
growth for the library. Regarding the highlighted areas of Web Analytics and
Community Outreach, Connie noted that these two stats were new. Connie
recently learned how many times the library page is visited and the statistics
from the count would be in the next month's stat sheet. Also, Community
Outreach has never been tracked before, and Connie has asked the staff to
begin counting this vital element of the library's day to day business.
b. Books:
The stats for books decreased, with the explanation that the library is in the
process of culling the catalog of old titles while also replacing with new ones.
c. Volunteer Hours:
Connie would like to see more volunteer hours for the library. Abigail asked if
there were signs announcing the need, to which Connie responded, saying
yes that there were signs all over. Jeannie noted that the volunteer sign-up
interest could be a part of the Friends of the Library membership form.
Connie also noted that it could be an additional item added on the new
patron membership forms. Abigail asked for an explanation of the library card
statistic notating 13,419. Connie responded, stating that this is the total
number of library cards, with current numbers around 3,000. Jeannie asked
what the difference between the child and teen programmingwas. Connie
stated that children's programs are intended for ages 0-12, and teen
programming are for ages 13-17.
V. Friends of the Library Report
The Friends will have the annual art contest in October or November. Abigail
asked if the contest would include homeschooled children and/or adults, with
Jeannie replying stating that students at PJC and homeschooled students would
be included. Abigail stated that she would share any information with the
homeschool groups when Jeannie has it.
The fall meeting will also take place in October or November.
VI. Director's Remarks:
a. Judy Vickers:
Connie announced to the board that Judy Vickers would occasionally attend
board meetings in Connie's absence.
b. Summer Reading Program:
Connie stated that there was a great turnout for this year's kickoff, but the
best numbers for attendance remain with the first year. The board briefly
discussed possibilities for why the numbers were not as high as the first year,
along with suggestions for ways to improve numbers in the future. Connie
noted the board's suggestions and stated that the library will always have a
kickoff to the summer reading program because it is a celebration and that
each year, the library staff.
c. Maintenance:
The walls in the original parts of the building had bubbles on them, which
Connie worked with a contractor to properly apply sealant and then paint
over. The foundation is also continuing to shift, and the City Manager
guesstimates that the foundation and roof will need to be replaced in the
next few years.
d. October events:
Connie stated that she is considering palm reading or a ghost hunt for events
on the October calendar and will update once she has more information.
With nothing further to address, Fran made the motion to adjourn at 5:35 p.m., with Abigail
providing the second. The next meeting of the Paris Public Library Advisory Board will be
held on July 16th, 2025, beginning at 5:00 p.m.
Jennifer Cullum
Secretary
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S0 EX A Sw
PARIS ECONOMIC DEVELOPMENT CORPORATION
MONTHLY MEETING AND
BOARD PLANNING SESSION
The Depot Community Room
Paris Economic Development Corporation
1125 Bonham St.
Paris, Texas 75460
Friday, June 13, 2025
11:30 A. M.
MINUTES
Board Members Present:
Josh Bray, Chairman
Curtis Fendley, Vice Chairman
Chase Coleman, Secretary/Treasurer
Dr A.J. Hashmi
Stephen Terrell
Erik Roddy
Mark Homer
Staff Present:
Maureen Hammond, Executive Director
Adam Cawthon, Executive Assistant
Sarah Moore, Project Coordinator
Ex -Officio Members Present:
Mihir Pankaj, Mayor
Legal Council:
Casey Gain, PEDCAttorney
Call to Order
Chairman Josh Bray called the monthly meeting and board planning session of the Paris Economic
Development Corporation to order at 11:30 a.m. on Friday, June 13, 2025.
Welcome and Opening Remarks
Chairman Bray opened by thanking exiting board member Stephen Terrell for his service to the PEDC
board and commended Mr. Terrell on his branding and marketing expertise provided. Mr. Bray opened
the floor to Ms. Hammond to provide remarks and present Mr. Terrell with a commemorative plaque to
honor his five years of service. Ms. Hammond noted that Mr. Terrell's involvement with the PEDC board
has had a lasting impact on herself, the organization, and the greater Lamar County community.
Page 1 of 5
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Citizens' Input
Chairman Bray invited those present to speak during the Citizens' Input. No one came forward, and
Chairman Bray closed citizens' input.
Mr. Bray took a motion to move agenda item 6, Review, Discuss and Action on the 2023-2025 Economic
Development Plan of Work, to the next agenda item for discussion. Dr. Hashmi made a motion to adjust
the agenda as noted. Mr. Roddy seconded the motion.
Vote 7 -ayes to 0 -nays
Review Discuss and Action on the 2023-2025 Economic Development Plan of Work
Ms. Hammond reminded the board that the PEDC's bylaws require a Plan of Work to be submitted to
the Paris City Council on an annual basis. She noted that this discussion was intended to guide any
needed revisions to the plan, and that the board would be asked to vote on an updated Plan of Work
during the monthly meeting in July, which, upon approval, would be submitted to City Council alongside
the PEDC's annual budget. She provided a brief overview of the PEDC's Plan of Work accomplishments
spanning the last five years. This presentation included a list of initiatives encompassing the retention
and growth of jobs in Lamar County, the attraction of new employers and industry, the cultivation of an
entrepreneurial ecosystem, support of workforce development programs, expansion of the community's
land and building assets, the encouragement of a unified vision for the City of Paris, Lamar County, and
the PEDC, and the exploration of additional internal and external funding mechanisms.
Key highlights included the following:,
• Began roundtable discussions with existing industries to explore workforce issues and
partnerships with Paris Junior College
• Launched a new unified joint brand in partnership with the City and Chamber of Commerce
• Established a formal site visitation program in partnership with PJC and surveyed employers
representing 4,300 employees
• Developed and launched a new website
• Acquired 123 -site on Loop 286 for non -rail users
• Acquired 200 -acre site on Loop 286 with potential for rail
• Developed and implemented a new social media marketing strategy
• Secured $1.3 million in federal funding through the Economic Development Administration
• Supported 14 project announcements representing:
o Retention of 540 jobs
o the creation of 1,295 new jobs
o $493.5 million in capital investment to Paris and Lamar County
o Total jobs supported = 1,865
Hammond expressed her gratitude to the Board for their ongoing support, dedication, and commitment
of time to both her and the organization.
Mr. Bray opened the floor to questions regarding the 2023-2025 Economic Development Plan of Work.
A brief discussion ensued regarding target industries. There were no further questions.
Page 2 of 5
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Discuss and Consider Approval of May 202025 Meetin Minutes
Chairman Bray presented the May 20, 2025, meeting minutes for review and discussion. Dr... Hashmi
made a motion to approve the minutes as presented. Mr. Roddy seconded the motion.
Vote 7 -ayes to 0 -nays
Review and Discuss 2025-2026 Draft Budgets
Mr. Coleman presented the proposed 2025-2026 PEDC Budgets. Proposed revenue included $1.9 million
in sales tax and $75,000 in interest income. He reported a total estimated income of $1,975,000.
Mr. Coleman continued by reporting on expenses. Most budget expenses remained the same or had
slight increases or decreases. Total proposed budget expenses for 2025-2026 were reported at
$1,836,507.00 in comparison to last year's budgeted amount of $3,365,095.00. Mr. Coleman noted that
the decrease was primarily due to an adjustment to incentive obligations for Project Blue Fire.
Mr. Coleman opened the floor to questions regarding the 2025-2026 Draft Budgets. There were no
questions.
Review, and Potential Action on Land and Buildings
Ms. Hammond briefly outlined the opportunities involving the PEDC's land inventory, noting that site
readiness of newly acquired land continues to be a priority. She reported that requests for information
from potential prospects continue to include a desire for existing buildings, ranging in size from 50,000
to 500,000 square feet.
Mr. Bray opened the floor to questions regarding land and buildings. There were no questions.
PEDC Board Member Roundtable and Discussion
Chairman Bray opened discussions by noting that with the PEDC's proposed adjusted budget for 2025-
2026, the board would need to consider its priorities moving into the next fiscal year.
Mr. Fendley commented that a priority should be the procurement of additional land, as well as the
consideration of constructing a speculative building for future prospects. Mr. Homer commented that
the rising costs of land could impact the PEDC's options for procurement, and that the organization
should consider any opportunity to acquire property at lower costs. Mr. Bray asked the board if there
was a preference between shovel -ready land and the construction of a spec building. Ms. Hammond
suggested the option of having a virtual spec building designed, which could be submitted alongside
proposals. Dr. Hashmi commented on the benefits of both land procurement and the construction of a
spec building. He suggested that with the increasing costs to land, the acquisition of property should
take priority moving forward. Mr. Bray suggested that the PEDC research the construction of a 25,000 to
50,000 square foot spec building to consider its costs and benefits.
Page 3 of 5
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Mr. Bray continued with a point of discussion involving alternative locations for the PEDC office. He
noted that in previous discussions with the City, City staff have mentioned the possibility of selling the
Depot building where the PEDC is currently headquartered. Mr. Roddy suggested the consideration of a
joint office with the Small Business Development Center. Discussion ensued regarding collocating
resources with the PEDC to support small business and entrepreneurial development. Chairman Bray
suggested the formation of a committee to discuss these options further following the appointment of a
new board member.
Dr. Hashmi continued with a point of discussion regarding the PEDC's status as a Type A Economic
Development Corporation, which primarily focuses on industrial development and infrastructure, and
the consideration of additionally implementing a Type B EDC, which would have a focus on quality of life
improvements for Paris and Lamar County. Mr. Bray commented that he was unsure if the addition of
Type B status would require a separate Board of Directors. Ms. Hammond clarified, stating that the
PEDC could function with Type A and Type B status and funding would be allocated for each division
independently. Mr. Bray suggested the scheduling of a joint meeting with City Council to discuss the
benefits of implementing a Type B EDC and options on the allocation of sales tax funding.
Mr. Terrell recommended that the PEDC remain targeting trailer manufacturing and food manufacturing
due to the existing strength and supply chains of these industries. He suggested attracting the suppliers
of these industries as potential targets. A discussion ensued regarding direct marketing approaches.
Mr. Bray opened the floor to additional comments regarding the future direction of the PEDC. Mr.
Roddy emphasized the importance of targeting trailer manufacturing as a viable growth opportunity for
Paris. Mr. Fendley suggested that the PEDC consider alternative sources for funding. Ms. Hammond
noted the limitations of secondary funding sources and provided the example of entering into interlocal
agreements as a potential source for future funding. Mr. Homer echoed Mr. Fendley's sentiment,
suggesting that the board pursue establishing a Type B EDC as an additional source of funding. He
further noted that continuing to maintain open conversation with the City of Paris could yield future
opportunities through the reallocation of finances. Ms. Hammond emphasized the success of the PEDC
during the past five years, noting the collaboration between the PEDC, City Council, Lamar County, and
Chamber of Commerce to be paramount in this success. Mr. Homer continued by referencing Mr.
Terrell's point on targeted attraction, noting that the PEDC should focus its efforts on marketing to
industries that manufacture in the United States. He continued by commenting on past discussions
involving land, noting the need for land procurement to be a priority.
Mr. Bray closed roundtable discussions by expressing his appreciation of the board's willingness to
continue conversation and commended Ms. Hammond on her continued support of economic
development during the last five years.
Discuss Future Agenda Items
Chairman Bray opened the floor to discuss future agenda items. No items were brought forward for
discussion.
Page 4 of 5
Chairman Bray declared the meeting adjourned.
The meeting was adjourned at 12:57 p.m.
Respectfully submitted,
AdamCavvthon
Executive Assistant
Paris Economic Development Corporation
Page svrs
Item No. 7
Building and Standards Report: June, 2025
5 properties were presented to the Commission in June, 2025:
2010 E Polk
1404 E Polk
934 E Polk
1304 Pine Bluff
259 SW 5th
3 structures was demolished in June, 2025:
1625 E Houston
885 NW 271h
625 SE 25th
June Code Report
CASE TYPES I INSPECTIONS 1 OPENED 0 ACTIVE I CLOSED
HIGH GRASS AND WEEDS
664
465
140
199
JUNK & RUBBISH
30
19
17
11
SWIMMING POOLS
0
0
01
0
BASKETBALL GOALS
4
3
1
1
LIMBS & BRUSH
23
14
6
9
OUTSIDE STORAGE
42
16
8
26
TRASH CANS
4'
2
1
2
FRONT YARD PARKING
7
1
0
6
JUNK VEHICLES
27
10
3
17
SPECIAL VEHICLES
3
2
1
1
TAX SALE PROPERTIES
24
12
0
12
BUSINESS IN RESIDENTIAL
0
0
0
0
DEAD TREE/ TREE OBSTRUCTION
4
0
01
4
GARAGE SALE VIOLATION
0
0
0
0
GRASS CLIPPING
0
0
0'
0
ILLEGAL DUMP
2
21
2
0
PARKING ON VACANT LOT
5
0
0
5
ACCESSORY BUILDING - COM
4
0
0
4
ACCESSORY BUILDING - RES
0
0
0
0
DILAPIDATED STRUCTURES
67
34
12
33
ELECTRIC FENCES
0
0
0
0
FENCES
4
2
1
2
SIGNS
47
23
0
24
SUBSTANDARD STRUCTURES
22
12
2
10
UNSECURE STRUCTURES
1
0
0
1
TOTAL
984
617
194
367
Item No. 8
memorandum
TO: Mayor, Mayor Pro -Tem and City Council
Rose Beverly, City Manager
FROM: Stephanie H. Harris, City Attorney
SUBJECT: Appointing Chair of the TIRZ Board of Directors
DATE: July 28, 2025
BACKGROUND: The Texas Tax Code and the Bylaws of the Board of Directors of the Tax
Increment Reinvestment Zone No. 1 provide that City Council is charged with appointing the Chair
of the Board on an annual basis. Council has previously appointed Cody Head to this position, and
he has been doing excellent work in guiding the Board while it is getting the TIRZ up and running.
STATUS OF ISSUE: The TIRZ Board of Directors met on July 10, welcomed new members to
the Board and nominated Mr. Head for reappointment as Chair. The vote was unanimous and there
were no other nominations.
BUDGET: N/A
RECOMMENDATION: Re -appoint Cody Head to serve as Chair of the Board of Directors fo
TIRZ No. 1.
Item No. 9
TO: Mayor & City Council
Rose Beverly, City Manager
FROM: Danny Rowell, Director of Public Utilities
SUBJECT: AWARD WATER & WASTEWATER TREATMENT CHEMICAL BIDS
FOR FISCAL YEAR 2025-2026.
DATE: July 28, 2025
BACKGROUND:
Bids for water and wastewater treatment chemicals are scheduled annually. Chemical Bids were
advertised in The Paris News on 06/29/2025 and 07/06/2025, published on the City of Paris
Department of Utilities website; bid packets were direct mailed to Sixty-seven (67) vendors;
twenty-four (24) bids from twenty-one (21) vendors were submitted. Bids were received and
publicly opened at 3:00 p.m. on 07/15/2025..
STATUS OF ISSUE:
Low chemical bids received:
Chlorine, $2450.00/ton Brenntag Southwest
Aluminum Sulfate. $317.00/ton Affinity Chemical, LLC
Anhydrous ammonia, $1640.00/ton Airgas Specialty Products, Inc.
Hydrated Lime (Bulk), $342.53/ton Texas Lime Company
Hydrated Lime (Bag), $510.99/ton Texas Lime Company
Powered Activated Carbon, $0.89/lb. Donau -Carbon North America
Sulfur Dioxide, $1800.00/ton, Brenntag Southwest
Sodium Hydroxide, $735.00/ton, Brenntag Southwest
Polymer, $1.68/lb., Solenis, LLC
Fluoride $2.50/gal., Univar
The bid tabulation is attached. All Original bid documents are available for review in the Office
of the City Clerk.
BUDGET:
Department 82 - Water Production 10-40211-82-00: $1,500,000; Department 86 — Wastewater
Treatment 10-40211-86-00: $225,000; Overall total: $1,725,000
RECOMMENDATION:
Approve the low bids received for water and wastewater treatment chemicals to be used in FY
2025/2026.
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Item Nos. 10 & 11
V T X A �S
OMIC DEVELOPMENT COP PORATION
TO: Mayor, Mayor Pro Tem & Paris City Council
CC: Rose Beverly, City Manager
1e 1
FROM: Maureen Hammond, Executive Director of Paris Economic Development Corp.
SUBJECT: PEDC's Approved Plan of Work for FY 2025
BACKGROUND:
Pursuant to Section 4.03, paragraph 4 of the PEDC Bylaws, "The Board shall develop an annual plan of
work outlining the activities, tasks, projects, and programs to be undertaken by the Board during the
upcoming fiscal year. The annual plan of work shall be submitted with the annual budget as outlined in
Section 8.03 of these Bylaws."
STATUS OF ISSUE:
A Plan of Work for the 2025 fiscal year was brought before the PEDC Board for approval during their July
15, 2025, Annual Board meeting. The Board has approved that attached Plan of Work, and per Section
4.03, paragraph 4, we are submitting said plan alongside the annual budget (budgets sent under separate
cover).
REQUESTED ACTION:
Accept the Plan of Work alongside the PEDC annual budget submitted to the City Manager for inclusion
in her annual budget to be presented to the City Council.
r.�
E T
F EvEL,OiFM N
P"LAN OF WOR9
2025
PLAN UPDATE
Paris Economic Development Corp.
MISSION STATEMENT
TO PLAN, PROMOTE, FINANCE, AND CONSTRUCT OPPORTUNITIES FOR THE RETENTION, GROWTH,
AND ATTRACTION OF BUSINESSES THAT ENHANCE THE LEVEL OF EMPLOYMENT, THE ECONOMIC
BASE AND QUALITY OF LIFE IN PARIS AND LAMAR COUNTY, TEXAS.
PRIMARY JOB GROWTH
As a Type A corporation, the PEDC must focus on the creation of "primary" jobs. A primary job is defined as a
job that is "available at a company for which a majority of the products or services of that company are
ultimately exported to regional, statewide, national, or international markets infusing new dollars into the
local economy." If a job meets this definition and is classified under one of the North American Industry
Classification System (NAICS) sectors listed below it can be targeted by the PEDC.
• 111: Crop Production
• 112: Animal Production
• 113: Forestry and Logging
• 11411: Commercial Fishing
• 115: Support Activities for Agriculture and
Forestry
• 211 to 213: Mining
• 221: Utilities
• 311 to 339: Manufacturing
• 42: Wholesale Trade
• 48 and 49: Transportation and
Warehousing
• 51 (excluding 512131 and 512132):
Information (excluding movie theaters and
drive-in theaters)
TARGET INDUSTRIES
• Advanced Manufacturing
• Food Processing
• 523-525: Securities, Commodity Contracts,
and Other Financial Investments and
Related Activities; Insurance Carriers and
Related Activities; Funds, Trusts, and Other
Financial Vehicles
0 5413, 5415, 5416, 5417, and 5419:
Scientific Research and Development
Services
• 551: Management of Companies and
Enterprises
• 56142: Telephone Call Centers
• 922140: Correctional Institutions
• 928110: National Security and for
corresponding index entries for Armed
Forces, Army, Navy, Air Force, Marine
Corps, and Military Bases.
2 — PLAN UPDATE 6/2025
• Transportation, Distribution and Logistics
• Aerospace Support Services (strategic
opportunity)
ECONOMIC DEVELOPMENT PLAN OF WORK
The following Economic Development Plan of Work presents seven strategic initiatives and several key objectives
designed to support the Paris Economic Development Corporation in achieving its mission to create and retain jobs and
talent for Paris and Lamar County. This plan will be implemented over the next two years and is based on the
recommendations of staff, input from City Council and the work from the following PEDC committees: Incentive Review
Committee, Land Committee, Policy Revie Committee and Marketing Committee. Note 6/2020: it is the Executive
Director's recommendation that once these strategic initiatives are completed, the plan be updated to include focused
initiatives that emphasize retaining and attracting talent. While supporting the creation and retention of jobs are the
organization's core activities, retention and attraction of talent significantly impact our efforts and ability to be
successful. Additionally, the role of economic developers continues to evolve, and it is becoming commonplace for
economic development organizations to take a more active role in supporting initiatives focused on talent, quality of life,
residential housing, and more.
STRATEGIC INITIATIVES
To meet the expectations driven by our purpose and outlined in our mission statement, we have established a broad set
of strategic initiatives that will help guide our activity. These strategic initiatives are as follows:
I. Foster the retention and growth of jobs
II. Attract new employers and industry
III. Cultivate an entrepreneurial ecosystem
IV. Support workforce development programming
V. Manage and expand the community's land and building assets
VI. Encourage unified vision for Paris, Lamar County and the PEDC
VII. Explore internal and external funding mechanisms
2 — PLAN UPDATE 6/2025
� 1 —0�Wnw
1. Foster the retention and growth of jobs
* Establish roundtable with plant managers and clusters including the trailer industry to encourage industry
collaboration, foster opportunities, and identify solutions to shared challenges.
* Seek opportunities to connect existing industry to business opportunities, target relocation of suppliers an4
foster opportunities for vertical integration.
* Record and track all confidential business intelligence in a CRM database to maintain data and determine
trends that will inform leadership and programming.
• Participate in call trips with Team Texas, Texas Economic Development Connection, and other partners.
• Targeted marketing for Transportation, Distribution and Logistics and Food Processing
:11. Cultivate an entrepreneurial ecosystem
0 Seek opportunities to connect entrepreneurs with mentors and resources.
Connect entrepreneurs with funding sources including lenders, angel investor groups, SBA, revolving loan
funds, etc.
IV. Support workforce development programming
• Facilitate or support programming that creates opportunities for apprenticeships, internships, plant tours,
career days, job shadowing and more.
• Coordinate with Paris Junior College and the IS to create connections between employers and job
seekers through career fairs, jobs website, and more.
Coordinate with Paris Junior College and the ISDs to support efforts that foster career pathways to middle
and high school students to establish a skilled pipeline of workers for our employer base.
V. Manage and expand the community's land and building assets
* Grow the organization's land inventory to accommodate current needs of existing industry and
• Continue investments and partner with the City on bringing PEDC-owned land to site -ready status.
• Support permitting and development processes that differentiate our community for being business -
friendly, efficient, and solution -focused.
• Maintain an attractive appearance of PEDC-owned industrial land through signage and lawn maintenance.
• Continue to monitor the need for existing buildings and feasibility and desire to build speculative buildings.
VI. Encourage a unified vision for Paris, Lamar County, and the PEDC
0 Joint participation in a community -wide strategy that identifies opportunity areas, challenges,
strengths, and assets that informs a Five -Year Strategic Visioning Plan.
VII. Explore internal and external funding mechanisms
0 identify funding resources that support infrastructure development and economic development projects.
3 — PLAN UPDATE 6/2025
STRATEGIC ACTIONS:
1. Determine the needs, opportunity areas, and challenges of existing employers through a formal business
site visitation program.
2. Implement a formal survey in Lamar County in partnership with Paris Junior College to understand overall
business climate, challenges in the local workforce, supply chain, opportunity areas for expansion and
recruitment and general business intelligence for our region that will inform our strategies and
programming.
3. Establish board member liaisons for existing industry and host dinners with corporate executives/plant
managers in partnership with the executive director to communicate appreciation and strengthen
relations.
4. Coordinate with local leadership of major industry to organize calling on corporate headquarters.
5. Establish roundtable with plant managers and clusters including the trailer industry to encourage industry
collaboration, foster opportunities, and identify solutions to shared challenges.
6. Coordinate with the Chamber to establish a host team to assist with recruitment and hosting of executive
personnel moving to Lamar County.
7. Seek opportunities to connect existing industry to business opportunities, target relocation of suppliers and
foster opportunities for vertical integration.
8. Monitor and update internal incentive guidelines to align with current revenue and fund balance to assist
staff and board in making financial decisions on retention and expansion projects.
9. Champion and support pro-business legislation and policy through participation in and outreach to TEDC
legislative affairs, Texas Association of Business (Texas State Chamber) and elected officials.
10. Record and track all confidential business intelligence in a CRM database to maintain data and determine
trends that will inform leadership and programming.
STRATEGIC INITIATIVE II: ATTRACT NEW EMPLOYERS AND INDUSTRY
STRATEGIC ACTIONS:
1. Update and enhance the PEDC website targeted to external audiences that include site selectors,
prospective businesses, community leaders, strategic partners, and media.
2. Improve information available on website to include comprehensive datasets.
3. Promote website as information hub for Paris and Lamar County.
4. Develop and update marketing materials including proposal template with new brand materials.
5. Continue to be responsive to all leads and prospects by submitting timely and thorough proposals that
highlight Paris' competitive advantages.
6. Cultivate opportunities to recruit supply -chain related companies complementary to existing local
industry.
7. Coordinate with Cox Field (City) to target aviation companies and suppliers that are compatible with
airport assets.
8. Participate in targeted networking opportunities focused on site selectors, brokers, corporate executives,
etc.
4— PLAN UPDATE 6/2025
9. Identify and participate in targeted industry trade shows with Governor's Office, Oncor, etc.
10. Participate in call trips with Team Texas, Texas Economic Development Connection, and other partners.
11. Conduct Target Market Study to identify market opportunities unique for Paris, followed by a marketing
campaign to communicate information with site selection consultants.
12. Develop an internal incentive guideline that aligns with current revenue and fund balance to assist staff
and board in making financial decisions on attraction prospects.
13. Aggressively pursue feedback on projects lost to understand opportunity areas.
14. Schedule and attend trips to prospective businesses.
■
STRATEGIC ACTIONS:
1. Determine the needs, opportunity areas, and challenges of existing startups.
2. Coordinate with the Small Business Development Center and Paris Junior College on understanding
current resources and partner roles in assisting startups and determine opportunity areas for PEDC
programming.
3. Serve as the central point of contact for startups and entrepreneurs seeking to launch a business in Paris
or Lamar County.
4. Assist entrepreneurs and startups with locating space in Paris and navigating City ordinances.
5. Coordinate with the SBDC and other partners to determine needs for Startup bootcamp and other
activities that foster entrepreneurship.
6. Seek opportunities to connect entrepreneurs with existing industry and or mentors.
7. Connect entrepreneurs with funding sources including lenders, angel investor groups, SBA, revolving
loan funds, etc.
8. Record and track all confidential business intelligence in a CRM database to maintain data and
determine trends that will inform leadership and programming.
STRATEGIC INITIATIVE IV: SUPPORT WORKFORCE DEVELOPMENT PROGRAMMING
STRATEGIC ACTIONS:
1. Participate in local, regional, and state initiatives that address workforce development initiatives.
2. Facilitate or support programming that creates opportunities for apprenticeships, internships, plant
tours, career days, job shadowing, and more.
3. Coordinate with Paris Junior College, A & M Commerce, and the ISDs to create connections between
employers and job seekers through career fairs, jobs website, and more.
4. Coordinate with Paris Junior College, A & M Commerce, and the ISDs to support efforts that foster career
pathways to middle and high school students to establish a skilled pipeline of workers for our employer
base.
5. Endorse and promote training and certifications that support existing industry.
6. Partner with Workforce Solutions to support training grants that address the existing and future needs of
our employer base.
7. Continue to support Paris Junior College, A & M Commerce and other regional educational institutions,
workforce agencies, and training providers to promote training and certifications for high -demand and
critical occupations.
5 — PLAN UPDATE 6/2025
„In::?Xr ;:G. RS”, MIN @° DIA°° "'III 1::.. :IMAN I°,.... ,N!C I XPA lU THE COMMUNI,T ' IU,,, ANI") AINI
1:3t @ @,,,II11"A NG SSIUI;I;I;w"f"
STRATEGIC ACTIONS:
1. Grow the organization's land inventory to accommodate current needs of existing industry and
attraction projects.
2. Continue investments and partner with the City on bringing PEDC-owned land to site -ready status.
3. Engage a consultant to assist with review and updating the Northwest Industrial Park Covenants and
Guidelines approved in 2003.
4. Continue to monitor the need for existing buildings and feasibility and desire to build speculative
buildings.
5. Support City in a plan for Cox Field focused on securing additional funding for capital improvements, site
readiness, and aviation -focused strategies that target compatible opportunities.
6. Communicate and work with the City to identify infrastructure needs and projects that improve business
districts in Paris and support future planning.
7. Support permitting and development processes that differentiate our community for being business -
friendly, efficient, and solution -focused.
8. Maintain an attractive appearance of PEDC-owned industrial land through signage and lawn
maintenance.
9. Establish and maintain an inventory of available sites and buildings.
STRATEGIC INITIATIVE VI: ENCOURAGE UNIFIED VISION FOR PARIS, A■ COUNTY AND
THE __
DC
STRATEGIC ACTIONS:
1. Establish a brand to create unified messaging that positions us to communicate effectively, uniquely,
and quickly to our audiences.
2. Establish a positive reputation internally and externally through brand development and awareness.
3. Establish and maintain relations with the local media and pursue stories on PEDC successes.
4. Push out content to regional media outlets, TEDC, Governor's Office, ED publications and relevant
outlets.
5. Develop and conduct public relations campaign with briefings to City Council, local civic clubs, partner
agencies and more to increase public awareness of PEDC's purpose, functions, and activity.
6. Develop and implement Social Media Campaign with metrics to increase following, build awareness
and establish positive reputation internally and externally (Facebook, Linkedln, Twitter, YouTube,
Instagram, etc.).
7. Establish monthly updates to the website.
8. Coordinate, host, and communicate new business announcements and groundbreaking events.
9. Establish a quarterly e -newsletter targeted at showcasing the organization's works and successes.
10. Joint participation in a community -wide strategy that identifies opportunity areas, challenges, strengths,
and assets that informs a Five -Year Strategic Plan.
11. Maintain and expand current relationships with the County, Civic Leaders, Elected Officials, Chamber,
City department directors and community leaders for project support and facilitation.
6 — PLAN UPDATE 6/2025
1 Discuss additional revenue streams and funding mechanisms that will provide the PEDC the necessary
funding for economic development projects,
2. Identify funding resources that support infrastructure development and economic development projects
including EDA, T|RZ, PILOT, partnership with the City and others.
3. Pursue organizing a revolving loan fund to assist startups and entrepreneurs.
4. Support attraction mf employers and projects that will greatly increase our sales tax base.
5. Support shop local campaigns and other initiatives that support growing our sales tax revenue.
6. Champion and support legislation and policy that supports economic development through participation
inand outreach toTEDClegislative affairs, Texas Association mfBusiness (Texas State Chamber) and
elected officials.
7 — PLAN UPDATE 6/2025
/`y,, Tl^ SAS
_.m„�r, '� ECONOkd6G DEVELOPMENT CORPORATION
DATE: July 18, 2025
TO: Mayor, Mayor Pro Tem & Paris City Council
CC: Rose Beverly, City Manager
FROM: Maureen Hammond, Executive Director of Paris Economic Development Corp.
SUBJECT: PEDC's Approved Budgets for FY 2025-2026
BACKGROUND:
Pursuant to Section 8.03 of the PEDC Bylaws, "A budget for the forthcoming fiscal year shall be
submitted to, and approved by the Board in July and delivered to the City on or before August 1. The
budget shall be submitted to the City Manager for inclusion in his/her annual budget to be presented to
the City in accordance with the Charter of the City of Paris."
STATUS OF ISSUE:
The attached budgets were approved by Paris EDC Board on July 15, 2025.
BUDGET:
See attached for the Paris EDC's Approved Budgets for FY 2025-2026.
REQUESTED ACTION:
Accept the budget for inclusion in the City Manager's annual budget to be presented to the City Council.
J 1 l
PEDC BUDGET 2025-2026
CASH AND INVESTMENTS
Balance 6/2024
Balance 6/2025
% Change
Cash and Cash Equivalents
2,260,329.55
2,409,089.62
7%
Investments
2,319,629.19
2,426,423.00
5%
EDA Reimbursement
504,897.00
100%
TOTAL CASH AND INVESTMENTS
4,579,958.74
5,340,409.62
17%
BUDGET
BUDGET%
Acct #
Account Name
CHANGE
2024-2025
2025-2026
REVENUE
ESTIMATED SALES TAX INCOME
1,800,000.00
1,900,000.00
6%
ESTIMATED INTEREST INCOME
iS0,000.00
75,000.00
-50%
COMMUNITY ADVISORY BOARD PROGRAM INCOME
-
0%
ESTIMATED INCOME
1,950,000.00
11975,000.00
1%
EXPENSES
PERSONNEL
40101
Salaries & Wages
$
250,000.00
$ 278,000.00
11%
40102
Social Security/Medicare (6.2%/1.45%)
$
19,125.00
$ 21,267.00
11%
40103
Retirement
$
20,000.00
$ 27,800.00
39%
40104
Insurance Benefits:
$
48,000.00
$ 52,000.00
8°%
40105
lWorkers Comp. Ins. (.44%)
$
1,100.00
$ 1,224.00
11%
TOTAL PERSONNEL EXPENSES
I $
338,225.00
$ 380,291.00
12%
ADMINISTRATION
40201
Office Supplies
5,000.00
5,000.00,
0%
40202
Postage
500.00
500.00
0%
40203
Meetings
3,000.00
3,000.00
0%
40301
Telephone/Communication
10,000.00
10,000.00
0%
40302
Car Allowance
8,400.00
8,400.00
0%
40303
Insurance, Bonds & Admin Fees
5,000.00
6,000.00
20%
40306
Mileage Reimbursement
1,000.00
1,000.00
0%
40308
Utilities
15,000.00
17,000.00
13%
40310
Miscellaneous
500.00
500.00
0%
40311
Association Memberships
4,500.00
4,500.00
0%
40314
Staff Training
5,000.00
5,000.00 L
0916
40348
Depot Operations
16,150.00
16,150.00
0%
48117
Contract Services -Legal Fees
25,000.00
25,000.00
0%
40605
Auditing and Compilation Services
14,500.00
14,500.00
0%
41002
Machinery, Tools & Equipment
10,000.00
10,000.00
0%
TOTAL ADMINISTRATION
$
123,550.00
$ 126,550.00
2%
Budget to PEDC Board 2025-2026
PEDC BUDGET 2025-2026
Budget to PEDC Board 2025-2026
BUDGET
BUDGET
Acct # Account Name
%CHANGE
2024-2025
2025-2026
MARKETING AND PROMOTION
Secure Jobs/Retention/Bus. Retention & Expansion
10,000.00
10,000.00
0%
Lamar County Days 2025
10,000.00
-100%
Signage at NW Industrial Park
50,000.00
-100%
Marketing Videos
5,000.00
10,000.00
100%
County/Community-Wide Strategy
50,000.00
1001
Marketing and Promotion
55,000.00
75,000.00
36%
40315 TOTAL MARKETING AND PROMOTION
$
130,000.00
$
145,000.00
12%
TOTAL OPERATING EXPENSES
$
591,775.00
$
651,841.00
10%
JOB TRAINING -DIRECT INCENTIVES -DEBT SERVICE -CAPITAL INCENTIVES
JOB TRAINING
High Demand Job Training & Recruiting Match Grant
50,000.00
50,000.00
0%
40318 TOTAL JOB TRAINING
$
50,000.00
$
50,000.00
0%
DIRECT BUSINESS INCENTIVES
LionsHead (Project Rocket X) - Infrastructure
$
0%
LionsHead (Project Rocket X) - Jobs - Due in 2024-2025
$
333,320.00
$
208,333.00
-37%
Metro Gate and Manufacturing
$
69,000.00
$
-
-100%
Universal Fabricating
$
120,000.00
$
120,000.00
0%
Ametsa
$
133,000.00
$
133,000.00
0%
Rodgers Wade
$
93,000.00
$
93,333.00
100%
Project Blue Fire - Retention (jobs)
$
500,000.00
100%
Project Blue Fire - Growth (jobs)
0%
Project Blue Fire - Investment
$
1,000,000.00
$
1,000,000.00
0%
Attraction/Recruitment Projects
$
-I
$
0%
TOTAL DIRECT BUSINESS INCENTIVES
$
2,248,320.00 1I $
1,554,666.00
-31%
Budget to PEDC Board 2025-2026
PEDC BUDGET 2025-2026
Budget to PEDC Board 2025-2026
.......
BUDGET.
BUDGET%
Acct #
Account Name
CHANGE
2024-2025
2025-2026
DEBT SERVICE
LOAN WITH CITY - PRINCIPAL AND INTEREST
2022 PROJECTED $1.9M - 2023 ORIGINAL NOTE -$2.5M
Principal and Interest
$
220,000.00
$ 220,000.00
0%
2025 PROJECTED $1M NOTE (Land Acquisition)
Principal and Interest,
$ 105,000.00
100%
TOTAL DEBT SERVICE
$
220,000.00
$ 325,000.00
48%
NEW INDUSTRY PROJECTS
40065
SW Business Park Maintenance
$
25,000.00
$ 25,000.00
0%
40081
NW Business Park Maintenance
$
15,000.00
$ 15,000.00
09/o
40083
SE Business Park Maintenance
$
10,000.00
$ 10,000.00
0%
40072
Land Development
$
100,000.00
$ 100,000.00
0%
TOTAL NEW INDUSTRY PROJECTS$
150,000.00
$ 150,000.00
0%
TOTAL DEBT, CAPITAL & INCENTIVES
$
2,668,320.00
$ 2,079,666.00
-22%
COMMUNITY ADVISORY BOARD PROGRAM
COMMUNITY ADVISORY PROGRAM
37665
Comm Adv Income
40613
Paris ISD
21,000.00
21,000.00
0%
40614
North Lamar ISD
21,000.00
21,000.00
0%
40615
Prairieland ISD
21,000.00
21,000.00
0%
40616
Chism ISD
21,000.00
21,000.00
0%
40617
Paris Junior College
21,000.00
21,000.00
0%
TOTAL COMMUNITY ADVISORY PROGRAM
$
105,000.00
$ 105,000.00
0%
TOTAL BUDGET EXPENSES
$
3,365,095.00
$ 2,836,507.00
-16%
INCOME
ESTIMATED TAX INCOME
1,800,000.00
1,900,000.00
6%
INTEREST INCOME
150,000.00
75,000.00
-50%
COMMUNITY ADVISORY BOARD PROGRAM INCOME
ESTIMATED INCOME
1,950,000.00
1,975,000.00
1%
ESTIMATED SURPLUS (SHORTAGE)
L
(1,415,095.00)
(861,507.00)
-39%
CASH AND INVESTMENTS ENDING BALANCE
I $
3,164,863.74 i $
4,478,902.62
42%
Budget to PEDC Board 2025-2026
Acct # II Account Name
PEDC BUDGET 2025-2026
BUDGET BUDGET
%CHANGE
2024-2025 2025-2026
2023 EDA Grant for NW Industrial Park
Budget to PEDC Board 2025-2026
MemorandumAgenda Item 12
TO: Mayor, Mayor Pro Tem & City Council
Rose Beverly, City Manager
FROM: Todd Mittge, City Engineer
SUBJECT: Consideration of and action on the Final Plat of Trinity 323 Addition, Previously
Trinity Christian Academy Addition Phase 2, Block A Lot 2. LOAD: 17104
DATE: July 28, 2025
BACKGROUND
The applicant requests approval of a Final plat in order to build a baseball field.
STATUS OF ISSUE:
The Planning and Zoning Commission has approved this Final Plat with the no conditions on July
7, 20250.
BUDGET:
There is no budget associated with this item.
OPTIONS:
1. Approve this Final Plat as recommended by Staff below.
2. Approve with additional conditions as discussed among the City Council.
3. Deny Final Plat.
RECOMMENDATION:
Staff recommends approval of the Final plat with no conditions.
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M.emorandumAgenda Item l3
TO: Mayor, Mayor Pro Tem & City Council
Rose Beverly, City Manager
FROM: Todd Mittge, City Engineer
SUBJECT: Consideration of and action on the Final Plat of St. Paul Lutheran Church CB,
Previously City Block 235, Lot 1. LCAD: 17773
DATE: July 28, 2025
BACKGROUND
The applicant requests approval of a Final plat in order to build commercial development.
STATUS OF ISSUE:
The Planning and Zoning Commission has approved this Final Plat with the no conditions on July
7, 20250. There was an informational addition to the plat, however, regarding the 100 year flood
plain.
BUDGET:
There is no budget associated with this item.
OPTIONS:
1. Approve this Final Plat as recommended by Staff below.
2. Approve with additional conditions as discussed among the City Council.
3. Deny Final Plat.
RECOMMENDATION:
Staff recommends approval of the Final plat with no conditions.
1. For the Developer's information: This property lies entirely within the 100 year FEMA
Flood Zone. Any development will be required to comply with City of Paris Floodplain
ordinances, and State of Texas requirements, if applicable.
MemorandumAgenda Item 14
TO: Mayor, Mayor Pro Tem & City Council
Rose Beverly, City Manager
FROM: Todd Mittge, City Engineer
SUBJECT: Consideration of and action on the Final Plat of the Summerwood Estates Phase 3.
Block A Lots 11,12,13 and Block B Lots 10 and 11 LCAD 110052.
DATE: July 28, 2025
BACKGROUND
The applicant requests approval of a Final plat in order to build single story residential
structures.
STATUS OF ISSUE:
The Planning and Zoning Commission has approved this Final Plat with the conditions listed in
"RECOMMENDATION" below on July 7, 20250.
BUDGET:
There is no budget associated with this item.
OPTIONS:
1. Approve this Final Plat as recommended by Staff below.
2. Approve with additional conditions as discussed among the City Council.
3. Deny Final Plat.
RECOMMENDATION:
Staff recommends approval of the Final plat with the following conditions:
1. The submission to and tentative approval of a Final Plat by the Commission shall be a
condition precedent to the preparation of a Final Plat. Chapter 9A, V Final Plat:
a. Any conditions of approval for the Final Plat and master plat shall be revised
before final approval of Final Plat.
b. Proposed Block Names to be more defined for all Blocks.
c. Rename Subdivision to Summerwood Estates Phase 3, to match existing phases 1
&2.
d. Statement in bold to be added to plat stating "All lots in this phase must have a fire
sprinkler system
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TO: Mayor, Mayor Pro Tem & City Council
Rose Beverly, City Manager
FROM: Todd Mittge, City Engineer
Agenda Item 15
SUBJECT: Consideration of and action on the Final Plat of Brakes Plus Addition, Previously
City of Paris Block 315, Lot 13. LCAD: 50943
DATE: July 28, 2025
BACKGROUND
The applicant requests approval of a Final plat in order to build a light auto repair facility.
STATUS OF ISSUE:
The Planning and Zoning Commission has approved this Final Plat with the conditions listed in
"RECOMMENDATION" below on July 7, 20250.
BUDGET:
There is no budget associated with this item.
OPTIONS:
1. Approve this Final Plat as recommended by Staff below.
2. Approve with additional conditions as discussed among the City Council.
3. Deny Final Plat.
RECOMMENDATION:
offiNG, M.
2. Location of Proposed lots, streets, alleys, easements, parks, building setback lines (both
MOINEM
a. Minimum Finished Floor Elevation of all buildings shall be shown on the Final
Plat.
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Memorandum Agenda Item No. 16
TO: Mayor, Mayor Pro -Tem and City Council
City Manager, Rose Beverly
FROM: Osei Amo-Mensah, Director Planning and Community Development
SUBJECT: Conduct a public hearing to consider and take action regarding the petition of
Mehvan Besfki for a zoning change from a General Retail District (GR) to a
Commercial District (C) in the Speedy Stop No. 8 Addition, Block A, Lot 1, LCAD
17919, located at 1900 Clarksville Street.
MTG. DATE: July 28, 2025
BACKGROUND:
The property owner Mehvan Besfki is requesting a zoning change from a General Retail District
(GR) to a Commercial District (C) located at 1900 Clarksville Street. The lot is approximately
19,406.62 SF tract located in the Speedy Stop No. 8 Addition, Block A, Lot 1, LCAD 17919. There
is currently an existing un -operational dilapidated gas station on the lot that will be demolished to
make way for the new construction of the proposed Mechanic/Automative Tire Shop. The gas
station is closed and has not been in operation for about ten years now. The proposed plan is to
demolish all structures and construct a new Mechanic/Automative Tire Shop. The current future
land use map is guided by Retail (R); therefore, this rezoning action will be in accordance with the
city's comprehensive plan.
ANALYSIS
• The land use to the North is mostly single family residential, zoned Commercial District (C) and
further to the northeast is Two Family Dwelling District (2F) and Future Land Uses are all guided
for Retail)—(R).
• The land use in the South is residential and zoned General Retail District (R) and Commercial
District (C) with Future Land Use guided for Low Density Residential -LDR).
• The land use to the East is Paris Independent School District zoned as Public Lands and
Institutions District—(PLI) and the Future Land Use map is guided by Retail (R) fronting
Clarksville Street.
• The land use to the West is a boarded up vacant retail building, zoned General Retail District
(GR) with Future Land Use also guided for Retail —(R).
STATUS OF ISSUE:
The application for the zoning change is because the proposed use which is to provide
Mechanic/Automative Tire Shop is not permitted under the current zoning district that is General
Retail District (GR). Changing the zoning from General Retail (GR) District to Commercial
District (C) will allow the proposed use to be permitted and appropriate for Mechanic/Automative
Tire Shop according to the Zoning Ordinance - Use of Land and Buildings Sub Section 8-105,
Automobile Type Services Table. Whereas the adjoining property to the west is zoned General
Retail District (GR) and across the street to the east is zoned Public Lands and Institutions District-
(PLI) to the said property, inadvertently, the southwest property zoned Commercial District (C)
adjoins behind the said property. This condition allows for the zoning change and is compatible
with the existing surroundings. All improvements and construction shall conform to the standards
required by the City of Paris.
The Planning Department has received one input from Phalia Blassingame, 1955 Clarksville Street
with concerns that Commercial zoning would allow for a smoke/vape shop in which she is opposed
to that use type.
The Planning & Zoning Commission recommended approval of the zoning change at its July 7,
2025, meeting. Motion carried, 4 ayes — 2 nays.
OPTIONS:
1, Approve Planning & Zoning Commission's recommendation.
2. Deny the application.
RECOMMENDATION:
Recommend approval of the zoning change from General Retail District (GR) to a Commercial
District (C).
A COMMERCIAL DISTRICT (C); PROVIDING A REPEALER CLAUSE, A
SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY1
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission received a request for an
amendment to the Zoning Ordinance of the City of Paris to change the zoning in the Speedy
Stop No. 8 Addition, Block A, Lot 1, LCAD 17919, located at 1900 Clarksville Street from a
General Retail District (GR) to a Commercial District (C); and
WHEREAS, on July 7, 2025, following notice and publication as required by law, the
Planning and Zoning Commission conducted a public hearing on the proposed amendment
to the City Zoning Ordinance and, following said hearing, made formal recommendation to
the City Council to approve the requested zoning; and,
WHEREAS, on July 28, 2025, following notice and publication as required by law, the
City Council of the City of Paris conducted a public hearing on the proposed amendment to
the City Zoning Ordinance, and having considered the recommendations of the Planning and
Zoning Commission and the testimony and evidence introduced at said public hearing, found
and determined that approving the aforesaid zoning change would be consistent with the
Comprehensive Future Land Use Plan of the City of Paris, consistent with the City Zoning
Ordinance, and would be in the best interests of the public health, safety, and welfare of the
citizens of the City of Paris by a vote of ayes and nays.
NOW, THEREFORE,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, in the Speedy Stop No. 8 Addition, Block A, Lot 1, LCAD 17919, located
at 1900 Clarksville Street be changed from a General Retail District (GR) to a Commercial
District (C).
Section 3. That the Chief Building Official of the City of Paris be, and he is hereby,
directed to change the Official Zoning Map of the City of Paris, Texas to reflect the changes
set forth in this ordinance.
Section 4. That all provisions of the ordinances of the City of Paris, Texas in conflict
with the provisions of this ordinance are hereby repealed, and all other provisions of the
ordinances of the City of Paris not in conflict with the provisions of this ordinance shall
remain in full force and effect.
Section 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 28th day of July 2025, by the City Council of the City
of Paris, in regular session, following notice and publication as required by law.
Mihir Pankaj, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney
Item No. 17
Memorandum
TO: Mayor, Mayor Pro -Tem & City Council
Rose Beverly, City Manager
FROM: Jon McFadden, Public Information Officer
SUBJECT: Presentation by Texas Film Commission of Film Friendly Texas Community
and Digital Media Friendly Texas Community certificates
DATE: July 17, 2025
BACKGROUND: The City of Paris achieved Film Friendly Texas certification in April 2025
and recently completed the Digital Media Friendly certification process, the fourth city in the
state to do so.
DMFTX background: The Digital Media Friendly Texas (DMFTX) Certified Community
program provides an elevated platform for statewide certified communities to connect with
Digital Media companies and professionals. By completing and maintaining DMFTX
certification, communities send a clear message to animation, visual effects, video game, and
extended reality (virtual reality, augmented reality, and mixed reality) stakeholders that they are
prepared and eager partners in attracting their business.
FFTX background: Film Friendly Texas Certified Communities receive ongoing training and
guidance from the Texas Film Commission regarding media industry standards, best practices
and how to effectively accommodate media production in their communities. The Film Friendly
Texas program serves as an invaluable resource that helps position Texas as a premier
destination for media production.
STATUS OF ISSUE: This will be the first time the Texas Film Commission has presented
certificates for both of these programs at the same time.
BUDGET: NA
RECOMMENDATION: Receive the presentation.
Item No. 19
memorandum
TO: Mayor, Mayor Pro -Tem and City Council
Rose Beverly, City Manager
FROM: Stephanie H. Harris, City Attorney
SUBJECT: HIRING OF PROSECUTOR FOR MUNICIPAL COURT
DATE: July 28, 2025
BACKGROUND: On June 28, 2016, Council authorized me to hire a contract prosecutor in lieu
of filling the position of Assistant City Attorney that I vacated when Council appointed me to the
position of Interim City Attorney in January of, 2016. My current prosecutor, Basel Musharbash,
is leaving after almost three years. I have reached an agreement with local attorney Joseph Nelms,
resume attached, to undertake these limited prosecutorial duties effective upon approval by the
council. Mr. Nelms served as a longtime police officer in the Paris Police Department, rising to
the position of Patrol Captain before leaving several years ago to attend law school at the
University of Tulsa. He is a Paris resident and has a solo practice here. News of his looming
appointment has been well-received both by the Department and by Court staff. I worked with
Mr. Nelms for years while he was a police officer, and we work together very well.
STATUS OF ISSUE: Section 28 of the City Charter allows the city attorney to appoint an assistant
city attorney, if deemed necessary, subject to the approval of the City Council. While I do not
believe that a contract prosecutor is an "assistant city attorney" within the meaning of this Charter
provision, in an abundance of caution I am presenting this hire for Council approval.
BUDGET: This proposed hire is budget neutral. Funds have already been budgeted for a contract
prosecutor through the end of this fiscal year, and, pending Council's final approval, for fiscal year
2025-2026. A rate of $100.00/hour falls within these budgeted amounts, is the same rate paid to
Mr. Musharbash since 2022, and is well below the local hourly rate for legal services. Remember
as well the substantial savings in hiring a contract prosecutor over having a full-time Assistant City
Attorney.
RECOMMENDATION: Approve hiring by city attorney of contract municipal court prosecutor.
Item No. 20
Memorandum
TO: Mayor, Mayor Pro Tem & City Council
FROM: Rose Beverly, City Manager
Todd Mittge, City Engineer
Stephanie Harris, City Attorney
SUBJECT: 7th Street SW Reconstruction Project Award Recommendation
DATE: July 28, 2025
BACKGROUND:
The City of Paris has partnered with Fikes Wholesale, Inc. (Owner of CEFCO) to rebuild 7th Street
SW into a concrete roadway. Due to the heavy truck traffic, the asphalt roadway will not support
the heavy loads. Fikes Wholesale has agreed to split the cost 50150 with the City to get this project
done. The partnership splits construction, geotechnical testing ($5895), and 3rd party materials
testing during construction (Estimated to be $5000).
City of Paris called for bids for the 7th SW Reconstruction Project (ST2502) in the Paris News on
May 6 and May 13, 2025. Bids were opened on June 2, 2025. Three responsive bids were received
for the project. Pridemore Construction, LLC from Paris, TX. was the Low Bidder and was
recommended to the council for award of the project. After the Notice of Award was sent out,
during the contract compilation process, it was determined they were unable to provide the
Performance and Payment Bonds as required by the Contract. They decided to withdraw their bid,
and city staff decided to rebid the project to all bidders for 2 weeks.
City of Paris called for bids for the revised 7th SW Reconstruction Project (ST2502B) in the Paris
News on June 26 and July 3, 2025. Bids were opened on July 10, 2025 at 11:30AM. Three
responsive bids were received for the project. Wheeler Construction from Paris, TX. was the Low
Bidder, 2" d was Drake General Contractors, LLC from Paris, and 3rd was Richard Drake
Construction from Paris.
Low bid was $326,338.10. It is the City Engineer's recommendation to award the project to
Wheeler Construction of Paris, TX.
STATUS OF ISSUE:
Bid Analysis is attached for detailed information about the bid.
Wheeler Construction - $326,338.10
Drake Companies, LLC - $326,605.51
Richard Drake Construction - $355,809.10
The project is located on 7th Street SW from Loop 286 south to the CEFCO second entrance. This
will be a full depth concrete replacement project and is a 50/50 share with CEFCO South.
The share of each partner is anticipated to be $168,616.55 for the project. Fikes Wholesale has
agreed to pay 50%, which will vary a small amount based on final project payments (which aren't
always exactly the same as bid amount, since payments are normally based on unit bid items which
could increase or decrease by minor amounts during construction), and final 3`d party
inspection/testing services during construction.
Project Timeline: Assuming approval by the council, the Contracts will be entered into with
Wheeler Construction in the next week, and construction will start in Early August. Construction
will take 35 calendar days, so that the work is completed by mid to late September.
The FY24/25 Budget has $2.5 million set aside for the Mill & Overlay project and this project.
The city's share will come from this account. This is remaining funding from the 2017 and 2018
GO Bonds. Design was performed by City Engineering Staff using existing salaries.
OPTIONS
1. Grant approval for the City Manager to enter into a contract with Wheeler Construction for
the reconstruction of 7th Street SW into a concrete roadway.
2. Deny approval for the City Manager to enter into a contract with Wheeler Construction for
the reconstruction of 7th Street SW into a concrete roadway.
3. Reject all bids and request re -advertisement of project.
4. Request additional information regarding this issue and bring forth to a future meeting of
the city council.
RECOMMENDATION:
1. Grant approval for the City Manager to enter into a contract with Wheeler Construction for
the reconstruction of 7"' Street SW into a concrete roadway.
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a-
AGREEMENT
THIS AGREEMENT is dated as of the r — day of.,,, _ in the year 20_ , by and
between (hereinafter called OWNER) and
(hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth,
agree as follows:
Article 1. WORK
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The
Work project is generally described as follows:
7'h Street SW Reconstruction Project
Project # ST2502B
Article 2. ENGINEER
The Project has been designed by City of Paris, Texas Engineering Department, who is hereinafter
called ENGINEER and who is to act as OWNER'S representative, assume all duties and
responsibilities and have the rights and authority assigned to ENGINEER in the Contract
Documents in connection with completion of the Work in accordance with the Contract
Documents.
Article 3. CONTRACT TIME
3.1 The Work will be substantially completed and ready for final payment within 35 calendar
days from the date when the Contract Time commences to run, as provided in the General
Conditions.
3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence
of this Agreement and that OWNER will suffer financial loss if the Work is not completed
within the times specified above, plus any extensions thereof allowed in accordance with
the General Conditions. They also recognize the delays, expense and difficulties involved
in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the
Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER
and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty)
CONTRACTOR shall pay OWNER $ 1000 for each calendar day that expires after the
time specified.
Article 4. CONTRACT PRICE
OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract
Documents in current funds as follows:
At the unit prices shown on the Unit Price Bid Schedule included in the Contract
Documents.
Article 5. PAYMENT PROCEDURES
CONTRACTOR shall submit Applications for Payment in accordance with the General
Conditions. Applications for Payment will be processed by ENGINEER, as provided in the
General Conditions.
The OWNER shall retain 10% of the amount of each payment until final completion and
acceptance of all Work covered by the Contract Documents. When the Work is substantially
complete, the retained amount may be reduced to 5%, at the OWNER'S discretion.
Article 6. INTEREST
If the contract amount of this contract is less than $400,000, no interest will be paid to the
CONTRACTOR on retained money. When the contract amount exceeds $400,000, no interest will
be paid unless required by law.
Article 7. CONTRACTOR'S REPRESENTATIONS
In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following
representations:
7.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract
Documents, Work, site, locality, and all local conditions and Laws and Regulations that,
in any manner, may affect cost, progress, performance or furnishing of the Work.
7.2 CONTRACTOR has studied carefully all reports of explorations and tests of subsurface
conditions and drawings of physical conditions, if any, which are contained or identified
in the Contract Documents, and accepts the determination set forth in the Contract
Documents of the extent of the technical data contained in such reports and drawings upon
which CONTRACTOR is entitled to rely.
7.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for
obtaining and carefully studying) all such examinations, investigations, explorations, tests,
reports and studies in addition to, or to supplement, those referred to above, which pertain
to the subsurface or physical conditions at or contiguous to the site, or otherwise may affect
the cost, progress, performance or furnishing of the Work as CONTRACTOR considers
necessary for the performance or furnishing of the Work at the Contract Price, within the
Contract Time and in accordance with the other terms and conditions of the Contract
Documents, and no additional examinations, investigations, explorations, tests, reports,
studies or similar information or data are, or will be, required by CONTRACTOR for such
purposes.
2
7.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on
the Contract Documents with respect to existing Underground Facilities at or contiguous
to the site and assumes responsibility for the accurate location of all Underground
Facilities, whether indicated in the Contract Documents, or not. No additional
examinations, investigations, explorations, tests, reports, studies or similar information or
data in respect of said Underground Facilities are, or will be, required by CONTRACTOR
in order to perform and furnish the Work at the Contract Price, within the Contract Time
and in accordance with the other terms and conditions of the Contract Documents.
7.5 CONTRACTOR has correlated the results of all such observations, examinations,
investigations, explorations, tests, reports and studies with the terms and conditions of the
Contract Documents.
7.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or
discrepancies that he has discovered in the Contract Documents and the written resolution
thereof by ENGINEER is acceptable to CONTRACTOR.
7.7 CONTRACTOR has reviewed and fully agrees to the limitation of liability provisions
included in the Supplementary Conditions.
7.8 CONTRACTOR certifies that they are eligible to be awarded government contracts.
CONTRACTOR also certifies that any agreement entered into with a subcontractor will
contain a clause stating that the subcontractor is eligible to be awarded government
contracts.
Article 8. CONTRACT DOCUMENTS
The Contract Documents, which comprise the entire Agreement, between OWNER and
CONTRACTOR concerning the Work, consist of the following: ��
8.1 Advertisement for Bids.
8.2 Instructions to Bidders.
8.3 Bid Bond.
8.4 Bid.
8.5 Statement of Bidder's Qualifications.
8.6 Notice of Award.
8.7 This Agreement.
8.8 Resolution.
8.9 Payment Bond.
8.10 Performance Bond.
8.11 Contractor's Certificate of Insurance.
8.12 House 89 Verification.
8.13 Chapter 2252 Certification.
8.14 Owner's Attorney Certification.
8.15 Notice to Proceed.
8.16 General Conditions and modifications thereto, if any.
91
8.17 Supplemental General Conditions.
8.18 Technical Specification prepared or issued by City of Paris Engineering Department. dated
June 26, 2025_w
8.19 Addenda numbers to , included in the Appendix of the Contract Documents.
8.20 Documentation submitted by CONTRACTOR prior to Notice of Award, identified as
8.21 The following, which may be delivered or issued after the Effective Date of the Agreement
and are not attached hereto:
8.21.1 Drawings, consisting of sheets numbered through , inclusive with each
sheet bearing the following general title:
8.21.2 All written Amendments, change orders, and other documents amending,
modifying, or supplementing the Contract Documents pursuant to the General
Conditions.
There are no contract Documents other than those listed above in this Article 8. The Contract
Documents may only be amended, modified or supplemented, as provided in the General
Conditions.
Article 9. MISCELLANEOUS
9.1 Terms used in the Agreement, which are defined in Article 1 of the General Conditions,
will have the meanings indicated in the General Conditions.
9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents
will be binding on another party hereto without the written consent of the party sought to
be bound; and specifically, but without limitation, monies that may become due and monies
that are due, may not be assigned without such consent (except to the extent that the effect
of this restriction may be limited by law), and unless specifically stated to the contrary in
any written consent to an assignment, no assignment will release or discharge the assignor
from any duty or responsibility under the Contract Documents.
9.3 OWNER and CONTRACTOR each binds himself, its partners, successors, assign, and
legal representatives to the other party hereto, its partners, successors, assign and legal
representatives in respect of all covenants, agreements and obligations contained in the
Contract Documents.
Article 10. OTHER PROVISIONS
None.
rd
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in multiple
copies. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER.
All portions of the Contract Documents have been signed or identified by OWNER and
CONTRACTOR or by ENGINEER on their behalf.
This Agreement will be effective on
OWNER:
Title:
(Corporate Seal)
Attest:
2025.
CONTRACTOR:
Ti
Attest:
(Corporate Seal)
Address for giving notices: Address for giving notices:
CONTRACTOR'S RESOLUTION ON AUTHORIZED
REPRESENTATIVE
Name or Names
I hereby certify that it was RESOLVED by a quorum of the directors of the
meeting on the
Name of Corporation
day of _........�...m... 20 , that
and
be, and hereby is/are authorized to act on behalf of
as its representative in all business
name of corporation
transactions conducted in the State of Texas, and;
That all above resolution was unanimously ratified by the Board of Directors at said
meeting and that the resolution has not been rescinded or amended and is now in full forces
and effect; and;
In authentication of the adoption of this resolution, I subscribe my name and
affix the seal of the corporation this ......... — day of _.._. m mmmmm 20_.
(seal)
on
Secretary
ENGINEERS JOINT CONTRACT
DOCUMENTS COMMITTEE
CONTRACTOR (name and address):
business):
OWNER (name and address):
PAYMENT BOND
SURETY (name and address of principal place of
CONSTRUCTION CONTRACT
Effective Date of the
Agreement: Amount:
Description (name and location):
BOND
Bond Number:
Date (not earlier than the Effective Date of the Agreement of the Construction Contract):
Amount:
Modifications to this Bond Form: ❑ None ❑ See Paragraph 18
CONTRACTOR AS PRINCIPAL
Contractor's Name and Corporate Seal
By_.._..
Signature
Print Name
Title
Signature
Title
(seal)
SURETY
Surety's Name and Corporate Seal
By:.._...
Signature (attach power of attorney)
Print Name
Title
Attest: _
Signature
Title
(seal)
Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular
reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.
7
The Contractor and Surety, jointly and severally, bind
themselves, their heirs, executors, administrators,
successors, and assigns to the Owner to pay for labor,
materials, and equipment furnished for use in the
performance of the Construction Contract, which is
incorporated herein by reference, subject to the following
terms.
2. If the Contractor promptly makes payment of all sums due to
Claimants, and defends, indemnifies, and holds harmless the
Owner from claims, demands, liens, or suits by any person or
entity seeking payment for labor, materials, or equipment
furnished for use in the performance of the Construction
Contract, then the Surety and the Contractor shall have no
obligation under this Bond.
3. If there is no Owner Default under the Construction Contract,
the Surety's obligation to the Owner under this Bond shall
arise after the Owner has promptly notified the Contractor
and the Surety (at the address described in Paragraph 13) of
claims, demands, liens, or suits against the Owner or the
Owner's property by any person or entity seeking payment
for labor, materials, or equipment furnished for use in the
performance of the Construction Contract, and tendered
defense of such claims, demands, liens, or suits to the
Contractor and the Surety.
4. When the Owner has satisfied the conditions in Paragraph 3,
the Surety shall promptly and at the Surety's expense
defend, indemnify, and hold harmless the Owner against a
duly tendered claim, demand, lien, or suit.
5. The Surety's obligations to a Claimant under this Bond shall
arise after the following:
satisfy a Claimant's obligation to furnish a written notice of
non-payment under Paragraph 5.1.1.
7. When a Claimant has satisfied the conditions of Paragraph
5.1 or 5.2, whichever is applicable, the Surety shall promptly
and at the Surety's expense take the following actions:
7.1 Send an answer to the Claimant, with a copy to the
Owner, within sixty (60) days after receipt of the
Claim, stating the amounts that are undisputed and
the basis for challenging any amounts that are
disputed; and
7.2 Pay or arrange for payment of any undisputed
amounts.
7.3 The Surety's failure to discharge its obligations under
Paragraph 7.1 or 7.2 shall not be deemed to
constitute a waiver of defenses the Surety or
Contractor may have or acquire as to a Claim, except
as to undisputed amounts for which the Surety and
Claimant have reached agreement. If, however, the
Surety fails to discharge its obligations under
Paragraph 7.1 or 7.2, the Surety shall indemnify the
Claimant for the reasonable attorney's fees the
Claimant incurs thereafter to recover any sums found
to be due and owing to the Claimant.
The Surety's total obligation shall not exceed the amount of
this Bond, plus the amount of reasonable attorney's fees
provided under Paragraph 7.3, and the amount of this Bond
shall be credited for any payments made in good faith by the
Surety.
9. Amounts owed by the Owner to the Contractor under the
5.1 Claimants who do not have a direct contract with the
Construction Contract shall be used for the performance of
Contractor,
the Construction Contract and to satisfy claims, if any, under
any construction performance bond. By the Contractor
5.1.1 have furnished a written notice of non-
furnishing and the Owner accepting this Bond, they agree
payment to the Contractor, stating with
that all funds earned by the Contractor in the performance
substantial accuracy the amount claimed
of the Construction Contract are dedicated to satisfy
and the name of the party to whom the
obligations of the Contractor and Surety under this Bond,
materials were, or equipment was, furnished
subject to the Owner's priority to use the funds for the
or supplied or for whom the labor was done
completion of the work.
or performed, within ninety (90) days after
having last performed labor or last furnished
10. The Surety shall not be liable to the Owner, Claimants, or
materials or equipment included in the
others for obligations of the Contractor that are unrelated to
Claim; and
the Construction Contract. The Owner shall not be liable for
the payment of any costs or expenses of any Claimant under
5.1.2 have sent a Claim to the Surety (at the
this Bond, and shall have under this Bond no obligation to
address described in Paragraph 13).
make payments to or give notice on behalf of Claimants, or
otherwise have any obligations to Claimants under this Bond.
5.2 Claimants who are employed by or have a direct
contract with the Contractor have sent a Claim to the
11. The Surety hereby waives notice of any change,
Surety (at the address described in Paragraph 13).
including changes of time, to the Construction
6. If a notice of non-payment required by Paragraph 5.1.1 is
given by the Owner to the Contractor, that is sufficient to
Contract or to related subcontracts, purchase orders, and other
6. The total amount earned by the Claimant for
obligations
labor, materials, or equipment furnished as of
the date of the Claim;
12.
No suit or action shall be commenced by a Claimant under
7. The total amount of previous payments
this Bond other than in a court of competent jurisdiction in
received by the Claimant; and
the state in which the project that is the subject of the
8. The total amount due and unpaid to the
Construction Contract is located or after the expiration of
Claimant for labor, materials, or equipment
one year from the date (1) on which the Claimant sent a
furnished as of the date of the Claim.
Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2, or (2)
on which the last labor or service was performed by anyone
16.2 Claimant: An individual or entity having a direct
or the last materials or equipment were furnished by anyone
contract with the Contractor or with a subcontractor
under the Construction Contract, whichever of (1) or (2) first
of the Contractor to furnish labor, materials, or
occurs. If the provisions of this paragraph are void or
equipment for use in the performance of the
prohibited by law, the minimum period of limitation
Construction Contract. The term Claimant also
available to sureties as a defense in the jurisdiction of the
includes any individual or entity that has rightfully
suit shall be applicable.
asserted a claim under an applicable mechanic's lien
or similar statute against the real property upon
13.
Notice and Claims to the Surety, the Owner, or the
which the Project is located. The intent of this Bond
Contractor shall be mailed or delivered to the address
shall be to include without limitation in the terms of
shown on the page on which their signature appears. Actual
"labor, materials, or equipment" that part of the
receipt of notice or Claims, however accomplished, shall be
water, gas, power, light, heat, oil, gasoline,
sufficient compliance as of the date received.
telephone service, or rental equipment used in the
Construction Contract, architectural and engineering
14.
When this Bond has been furnished to comply with a
services required for performance of the work of the
statutory or other legal requirement in the location where
Contractor and the Contractor's subcontractors, and
the construction was to be performed, any provision in this
all other items for which a mechanic's lien may be
Bond conflicting with said statutory or legal requirement
asserted in the jurisdiction where the labor,
shall be deemed deleted herefrom and provisions
materials, or equipment were furnished.
conforming to such statutory or other legal requirement
shall be deemed incorporated herein. When so furnished,
16.3 Construction Contract: The agreement between the
the intent is that this Bond shall be construed as a statutory
Owner and Contractor identified on the cover page,
bond and not as a common law bond.
including all Contract Documents and all changes
made to the agreement and the Contract
15.
Upon requests by any person or entity appearing to be a
Documents.
potential beneficiary of this Bond, the Contractor and
Owner shall promptly furnish a copy of this Bond or shall
16.4 Owner Default: Failure of the Owner, which has not
permit a copy to be made.
been remedied or waived, to pay the Contractor as
required under the Construction Contract or to
16.
Definitions
perform and complete or comply with the other
material terms of the Construction Contract.
16.1 Claim: A written statement by the Claimant including
at a minimum:
1. The name of the Claimant;
2. The name of the person for whom the labor was
done, or materials or equipment furnished;
3. A copy of the agreement or purchase order
pursuant to which labor, materials, or
equipment was furnished for use in the
performance of the Construction Contract;
4. A brief description of the labor, materials, or
equipment furnished;
5. The date on which the Claimant last performed
labor or last furnished materials or equipment
for use in the performance of the Construction
Contract;
9
16.5 Contract Documents: All the documents that
comprise the agreement between the Owner and
Contractor.
17. If this Bond is issued for an agreement between a contractor
and subcontractor, the term Contractor in this Bond shall be
deemed to be Subcontractor and the term Owner shall be
deemed to be Contractor.
18. Modifications to this Bond are as follows:
PLACEHOLDER
Payment Bond Power of Attorney
10
I
NGNKFRS Ql NT COMM=
PERFORMANCE BOND
CONTRACTOR (name and address):
SURETY (name and address of principal place of business):
OWNER (name and address):
CONSTRUCTION CONTRACT
Effective Date of the Agreement:
Amount:
Description (name and location):
BOND
Bond Number:
Date (not earlier than the Effective Date of the Agreement of the Construction Contract):
Amount:
Modifications to this Bond Form: ❑ None ❑ See Paragraph 16
�1..,-1111- �.
Surety ty and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do
each cause this Performance Bond to be duly executed by an authorized officer, agent, or
representative.
CONTRACTOR AS PRINCIPAL SURETY
(seal) _ _ (seal)
Contractor's Name and Corporate Seal Surety's Name and Corporate Seal
B.
Signature Signature (attach power of attorney)
Print Name
Title
Attest:
Signature
Title
Print Name
Title
Attest:
Signature
Title
Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular
reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.
Performance Bond Page 1
11
jointly1. The Contractor and Surety, r,
executors,themselves, their heirs, ♦ !,
Contract, which is incorporated herein by reference.
2. if the Contractor per -forms the Construction Contract,
Surety and the Contractor shall have no obligation under t
! ^♦:.hen anlicable to yarticiv-ate in a cc
provided in Paragraph 3.
3. if there is no Owner Default underthe Construction
the Surety's obligation under this Bond shall arise aftei I
3.1 The Owner first provides notice to the Contractor
and the Surety that the Owner is considering declaring
# ♦ M' ♦ ri
Owner is requesting a conference among the Owner,
Contractor, and Surety to discuss the Contractor's
performance. If the Owner does not request a conference,
requeststimely
the Owner agrees otherwise, any conference requested
Constructionunder this Paragraph 3.1 shall be held within ten (10)
If the Owner, the Contractor, and the Surety agree, the
"♦I
waive the Owner's right, if any, subsequently declare
ContractorDefault;
3.2 The Owner declares a Contractor Default,
terminates the Construction Contract and notifies the
Surety; and
3.3 The Owner has agreed to pay the Balance of tM
Contract Price in accordance
ConstructionM the Surety or to a contractor
selected♦ perform !
Paragraph4. Failure on the part of the Owner to comply with the notice
requirement in ♦constitute
♦!extent the
Surety
demonstrates pr
5. When the Owner has satisfied the conditions of Paragraph 3,
the following
5.1 Arrange forthe Contractor, •
5.2 Undertake to perform and complete
Construction•ntract itself, through its agents or
independent
12
5.3 Obtain bids or '! proposals from qualified
contractors ♦ the Owner forcontract
contractorOwner and a ! with the Owners
Contractorjigliging, to be secured with 4erformance and iagmen)
as a result of the M• or
5.4 Waive its right to perform ! complete,
for ! obtain ♦ ♦ :
, and with
reasonable promptness
5.4.1
determine ♦
which it may be liable to the Owner and, as soon
practicable after the amount
payment to the Owner; or
Owner,5.4.2 Deny liability in whole or in part and notify tM
denial.
! ' ♦ � 1i
V, litA is . ! ! ♦
♦ ♦ !
in part, without further notice the Owner shall
be entitled to
enforcee to the Owner.
those7. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3,
greater than +ntractor under the Construction
♦ !the Ownertothe
Contract.M the commitment by the Owner to pay the
r ♦ ! }�urep- is ♦! !
duplication for:
7.1 the responsibilities of the Contractor for♦..,
of defective work and completion of the Construction
7.2 additional ♦ M and delay
•! ^ !
Paragraphfrom the actions or failure to act of the Surety under
7.3 liquidated damages, or if no liquidated
!' "1 ! !:i
caused by delayed performance or non-performance of the
Contractor.
8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4,
the Surety's liability is limited to the amount of this Bond.
10. The Surety hereby waives notice of any change, including
changes of time, to the Construction Contract or to related
subcontracts, purchase orders, and other obligations.
11. Any proceeding, legal orequitable, underthis Bond may
be instituted in any court of competent jurisdiction in the location
in which the work or part of the work is located and shall be
instituted within two years after a declaration of Contractor
Default or within two years after the Contractor ceased working
or within two years after the Surety refuses or fails to perform its
obligations under this Bond, whichever occurs first. If the
provisions of this paragraph are void or prohibited by law, the
minimum periods of limitations available to sureties as a defense
in the jurisdiction of the suit shall be applicable.
12. Notice to the Surety, the Owner, or the Contractor shall be
mailed or delivered to the address shown on the page on which
their signature appears.
13. When this Bond has been furnished to comply with a
statutory or other legal requirement in the location where the
construction was to be performed, any provision in this Bond
conflicting with said statutory or legal requirement shall be
deemed deleted herefrom and provisions conforming to such
statutory or other legal requirement shall be deemed
incorporated herein. When so furnished, the intent is that this
Bond shall be construed as a statutory bond and not as a common
law bond.
14. Definitions
14.1 Balance of the Contract Price: The total amount
payable by the Owner to the Contractor under the
Construction Contract after all proper adjustments have
been made including allowance for the Contractor for any
amounts received or to be received by the Owner in
settlement of insurance or other claims for damages to
which the Contractor is entitled, reduced by all valid and
proper payments made to or on behalf of the Contractor
under the Construction Contract.
14.2 Construction Contract: The agreement between
the Owner and Contractor identified on the cover page,
including all Contract Documents and changes made to the
agreement and the Contract Documents.
14.3 Contractor Default: Failure of the Contractor,
which has not been remedied or waived, to perform or
otherwise to comply with a material term of the Construction
Contract.
14.4 Owner Default: Failure of the Owner, which has
not been remedied or waived, to pay the Contractor as
required under the Construction Contract or to perform and
complete or comply with the other material terms of the
Construction Contract.
13
14.5 Contract Documents: All the documents that
comprise the agreement between the Owner and
Contractor.
15. If this Bond is issued for an agreement between a contractor
and subcontractor, the term Contractor in this Bond shall be
deemed to be Subcontractor and the term Owner shall be
deemed to be Contractor.
16. Modifications to this Bond are as follows
PLACEHOLDER
Performance Bond Power of Attorney
14
ACOR1.). CERTIF1GA1 E OF I J11ABILITY' INSURANCE
ONLY AND CONFERS NO RKWTS UIKM THE CERVIRCATE
ROIDEM THM CEFrr1F1CXW'E DOES NOT AMEND, EXTEND C41
THE coverzAGEAF-FORDE-0 SY THE P0GLUES fIELOW,
��.',fORTXNGCOVERAGE NAWC #
. . .................
DOOMED L,
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED MR.WN Ri 41WbUt IWI-LlAtlt,11%
POLICIES AGGREGATE LIMITS SHOVVN MAY KANE BEEN REDUCED BY PAID CLAWS
ive r, C
Few', N-1
U114IN6
toc
11 l
VkVrt N'TION
WoWtlm PAS 4111KO,
InstallatIon Floater
:Builder's Risk (K applicable)
Owner's name
Project name
Project number
CERTIFICATE HOLDER
Engineet's Name
i6dk& 25 (2001j . — --- 1111—
Certificate of Insurance Example
15
E=
SHOULDANY OF TKA&M 099CMWO POLXX9 I&ECANCILL10 WFORE THE tOWADON
DATE TWPtWOF. DW SIUW N&URN VALL ENDEAVOR TO MAL —22— DAY11 WRITWH
NOT= To THE CgRtWoCAyt HOLDER K%MW rO TK !.[FT, Kn VAKAW TO 00 $0 SHALL
"VK Mr, OWUnW OR LEWHUTV OF ANY KOO UPON THE WKWA 41% AOEM OR
Pa
E=
SHOULDANY OF TKA&M 099CMWO POLXX9 I&ECANCILL10 WFORE THE tOWADON
DATE TWPtWOF. DW SIUW N&URN VALL ENDEAVOR TO MAL —22— DAY11 WRITWH
NOT= To THE CgRtWoCAyt HOLDER K%MW rO TK !.[FT, Kn VAKAW TO 00 $0 SHALL
"VK Mr, OWUnW OR LEWHUTV OF ANY KOO UPON THE WKWA 41% AOEM OR
HOUSE BILL 89 VERIFICATION
I, (person's name), the undersigned
representative (hereafter referred to as "Representative") of
(company or business name, hereafter referred to as "Business Entity"), being an adult over the
age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby
depose and affirm the following:
1. That Representative is authorized to execute this verification on behalf of Business
Entity;
2. That Business Entity does not boycott Israel and will not boycott Israel during the
term of any contract that will be entered into between Business Entity and the
(name of public entity); and
3. That Representative understand that the term "boycott Israel" is defined by Texas
government Code Section 2270.001 to mean 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 any Israeli -controlled territory,
but does not include an action made for ordinary business purposes.
SIGNATURE OF REPRESENTATIVE
SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this
day of ... 20_.
Notary Public
16
CHAPTER 2252 CERTIFICATION
I, m _...... ---1 the undersigned representative of
(company name or business name)
being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code,
Chapter 2252, Section 2252.152 and Section 2252.153, certify that the company named above is
not listed on the website of the Comptroller of the State of Texas concerning the listing of
companies that are identified under Sections 806.051, 807.051, 808.051, or Section 2252.153. I
further certify that should the above-named company enter into a contract that is on this listing of
companies on the website of the Comptroller of the State of Texas which do business with Iran,
Sudan, or any Foreign Terrorist Organization, I will immediately notify the
Name of Company Representative (Print)
Signature of Company Representative
Date
17
name of public entity).
Equal Opportunity Guidelines for Construction Contractors 1 1
Note: To be included in bid packet and distributed at the preconstruction conference (optional)
1. What are the responsibilities of the offeror or bidder to ensure equal employment opportunity?
For contracts over$ 10,000, the offeror or bidder must comply with the "Equal Opportunity Clause" and the
"Standard Federal Equal Opportunity Construction Contract Specifications."
2. Are construction contractors required to ensure a legal working environment for all employees?
Yes, it is the construction contractor's responsibility to provide an environment free of harassment, intimidation,
and coercion to all employees and to notify all foremen and supervisors to carry out this obligation, with specific
attention to minority or female individuals.
3. To alleviate developing separate facilities for men and women on all sites, can a construction
contractor place all women employees on one site?
No, two or more women should be assigned to each site when possible.
4. Are construction contractors required to make special outreach efforts to Section 3 or minority and
female recruitment sources?
Yes, construction contractors must establish a current list of Section 3, minority, and female recruitment sources.
Notification of employment opportunities, including the availability of on-the-job training and apprenticeship
programs, should be given to these sources. The efforts of the construction contractors should be kept in file.
5. Should records be maintained on the number of Section 3 residents, minority and females applying for
positions with construction contractors?
Yes, records must be maintained to include a current list of names, addresses and telephone numbers of all Section 3,
minority, and female applicants. The documentation should also include the results of the applications submitted.
6. What happens if a woman or minority is sent to the union by the Contractor and is not referred back
to the Contractor for employment?
If the unions impede the construction contractor's responsibility to provide equal employment opportunity, a written
notice should be submitted to TDA.
7. What efforts are made by construction contractors to create entry-level positions for Section 3
residents, women, and minorities?
Construction contractors are required to develop on-the-job training programs, or participate in training programs,
especially those funded by the Department of Labor, to create positions for Section 3 residents, women, and minorities
and to meet employment needs.
8. Are any efforts made by the Contractor to publicize their Equal Employment Opportunity (EEO)
policy?
Yes, the construction contractor is responsible for notifying unions and sources of training programs of their equal
employment opportunity policy. Unions should be requested to cooperate in the effort of equal opportunity. The policy
should be included in any appropriate manuals, or collective bargaining.
agreements. The construction contractor is encouraged to publicize the equal employment opportunity policy in the
company newspaper and annual report. The Contractor is also responsible to include the EEO policy in all media
advertisement.
9. Are any in-service training programs provided for staff to update the EEO policy?
At least annually a review of the EEO policy and the affirmative action obligations are required of all personnel
employees of a decision-making status. A record of the meeting including date, time, location, persons present,
subject matter discussed, and disposition of the subject matter should be maintained.
10. What recruitment efforts are made for Section 3 residents, minorities, and women?
The construction contractor must notify, both orally and in uniting, Section 3, minority, and female recruitment
sources one month prior to the date of acceptance for apprenticeship or other training programs.
47
11. Are any treasures taken to encourage promotions for minorities and women?
Yes, an annual evaluation should be conducted for all minority and female personnel to encourage
these employees to seek higher positions.
12. What efforts are taken to insure that personnel policies are in accordance with the EEO
policy?
Personnel policies regarding job practices, work assignments, etc. should be continually monitored
to ensure that the EEO policy is carried out.
13. Can women be excluded from utilizing any facilities available to men?
No, all facilities and company activities are non -segregated except for bathrooms or changing
facilities to ensure privacy.
14. What efforts should be utilized to include minority and female contractors and suppliers?
Take affirmative steps to ensure that small, minority, and women owned businesses are included on all
lists for contractors/service providers. Solicit these businesses when issuing RFPs and RFQs and
soliciting construction bids. Divide project activities into small tasks to allow participation. Keep
records of all offers
to minority and female construction contractors.
15. if a construction contractor participates in a business-related association that does not
comply with equal opportunity affirinative action standards, does that show his/her
failure to comply?
No, the construction contractor is responsible for its own compliance.
16. Can a construction contractor hire a subcontractor who has been debarred from
government contracts pursuant to EEO?
No. The construction contractor must suspend, tenninate, or cancel its contract with any Subcontractor
who is in violation of the EEO policy.
17. What effort has been taken by the construction contractor to monitor all employment
to ensure the company EEO policy is being carried out?
The construction contractor must designate a responsible individual to keep accurate records
of all employees that include specific information required by the government.
M.,
ATTORNEY'S REVIEW CERTIFICATION
I, the undersigned,—_,,,. �......_� ., _ the duly authorized and
acting legal representative of the _.... _ .. _... do hereby
certify as follows:
I have examined the attached contract(s) and surety bonds and am of the opinion that each of the
agreements may be duly executed by the proper parties, acting through their duly authorized
representatives; that said representatives have full power and authority to execute said agreements
on behalf of the respective parties; and that the agreements shall constitute valid and legally
binding obligations upon the parties executing the same in accordance with terms, conditions and
provisions thereof.
Attorney's signature:
Print Attorney's Name:
Texas State Bar Number:
M
Date:
k Yk1�111,M-AS WHAT l^?ItlP}"�id",'tl'
11 HKOINUiINTS COMW4 tlTI 111111
NOTICE TO PROCEED
Owner: Owner's Contract No.:
Contractor: Contractor's Project No.:
Engineer: Engineer's Project No.:
Project: Contract Name:
Effective Date of Contract:
TO CONTRACTOR:
Owner hereby notifies Contractor that the Contract Times under the above Contract will commence
to run on [ 20_1.
On that date, Contractor shall start performing its obligations under the Contract Documents. No Work
shall be done at the Site prior to such date. In accordance with the Agreement, the number of days to
achieve Substantial Completion is......
and the number of days to achieve readiness
for final payment is , which is
Before starting any Work at the Site, Contractor must comply with the following:
[Note any access limitations, security procedures, or other restrictions]
Owner:
Authorized
Signature: x
By. --
Title:
Date Issued:
Copy: Engineer
50
Change Order
No.
Date of Issuance:
11111-1-1- .. """-..._"_'_1""
Project: Project No.:
_..... �_....... . .. . ............ ._. Date of Contract:....... �.... ...�... _.
Owner:
Contractor:
The Contract Documents are modified as follows upon execution of this Chane Order:
Description:
Justification:
CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES:
Original Contract Price: Original Contract Times:
Substantial completion days:
$ Substantial completion date:
[Increase] [Decrease] from previously [Increase] [Decrease] from previously approved Change Orc
approved Change Orders No. to No. No. to No.
Substantial completion days: �ITm IT
$ Substantial completion date:
Contract Price prior to this Change Order: Contract Times prior to this Change Order:
Substantial completion days: mmmm�
Substantial completion date:
[Increase] [Decrease] of this Change Order:
[Increase] [Decrease] of this Change Order:
Substantial completion days:
Substantial completion date:
Contract Price incorporating this Change
Order: Contract Times with all approved Change Orders:
Substantial completion days: ww_
$ Substantial completion date:
RECOMMENDED: ACCEPTED: ACCEPTED:
By:.- .... By _ ... ....._ By ...._ _ ....
Engineer (Authorized Signature) Owner (Authorized Signature)
Date: Date:
51
Contractor (Authorized Signatu
Date:
CONTRACTOR'S RELEASE OF LIENS AND
ACKNOWLEDGEMENT OF FINAL PAYMENT DUE
PROJECT:
CONTRACTOR acknowledges final payment due this date from
as full and final payment for the cost of the improvements
provided for in the above referenced contract between
(OWNER) and._(CONTRACTOR) dated _ , 20 ,
the sum of
_ dollars, ($ __. ), being the
remainder of the full
amount accruing to the CONTRACTOR by virtue of said contract, including
full payment for the cost of any extra work and material furnished by CONTRACTOR in the
construction of said improvements, and all incidentals thereto.
Further, CONTRACTOR hereby releases OWNER and ENGINEER, and their employees,
subconsultants, and agents from all liens, claims, complaints or actions whatsoever growing out of
said contract, and
Further, CONTRACTOR hereby certifies that all persons, corporations, or other entities
doing work upon, or furnishing materials for, said improvements under the above referenced
contract have been paid in full, with the exception of the following:
In witness whereof the undersigned has hereto set his hand and seal this day of
--..., 20 .
CONTRACTOR:
(CORPORATE SEAL)
Subscribed and sworn to before me this day of 320
Notary Public
My commission expires
52
RELEASE BY SUBCONTRACTORS AND SUPPLIERS
The undersigned, having received payment in full for all labor, materials, supplies, or equipment
supplied to
CONTRACTOR), or to any subcontractor, for the
construction of the project referred to as , located in
Texas (Project Number.._,,-), does hereby release and waive any and all claims, liens, and
lien rights, of any kind, nature, or description whatsoever, against said project and the Owner
thereof, and against said CONTRACTOR.
(Name of Supplier, Subcontractor, Etc.)
By:
Date:
Work or Material:
Amount: $
Subscribed and sworn to me this day of _m_IT ......, 20
Notary
My commission expires:
53
CONSENT OF
SURETY COMPANY
TO FINAL PAYMENT
PROJECT:
CONTRACT DATE:
OWNER:
CONTRACTOR:
In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (here
insert name and address of Surety Company)
on Bond of (here insert name and address of Contractor
, SURETY COMPANY,
,CONTRACTOR,
hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not
relieve the Surety Company of any of its obligations to (here insert name of Owner)
, OWNER,
as set for in the said Surety Company's Bond No. .......�.m., dated
IN WITNESS WHEREOF,
the Surety Company has hereunto set its hand this day of
Attest
(SEAL)
54
Surety Company
Signature of Authorized Representative
Title
MemorandumAgenda Item No. 21
TO: Mayor, Mayor Pro -Tem & City Council
Rose Beverly, City Manager
FROM: Osei Amo-Mensah AICP, Director of Planning & Community Development
SUBJECT: Creation of a Community Development Analyst Position
DATE: July 28, 2025
BACKGROUND: Many local governments have established or are in the process of creating
analyst positions to provide essential support across departmental operations. Considering the high
volume of current projects and the need for the Planning & Community Development Department
to maintain regular engagement with staff, Council, and the community, I am recommending the
creation of a Community Development Analyst position. This role would be established in place
of filling the previously budgeted Community Development Coordinator position.
STATUS OF ISSUE: There is a need for the analyst position to assist the IT Department to train
employees due to the proposed new 311 Platform software program for the department and
others. It is also obvious that there have been challenges to the training and use of the current
MyGov(5) software. Moreover, the department does not have enough staff to implement the
recommendations of the recently adopted City of Paris Housing Study, including the upcoming
City of Paris Comprehensive Plan Update.
The General Summary of Duties: The Community Development Analyst supports the Planning
Division by coordinating training, analyzing departmental needs, and assisting with long-range
housing and development initiatives. The role also serves as a liaison between city departments,
technical teams, and the public to ensure effective communication and program implementation.
Within the department, the analyst would report directly to the Director of Planning &
Community Development and would also provide support for IT functions, including but not
limited to:
• Support the Planning & Community Development Department as a training and
development analyst, assisting in the gathering and documentation of technical and
functional requirements from various city departments.
Participate in planning and developing specialized training, staff development and
occasionally customized and technology-based training. Attend meetings with key users to
understand operational needs and propose viable technology solutions.
• Help bridge communication between technical teams and user departments to ensure
project alignment with organizational goals.
• RECOMMENDATION: Approve the addition of the analyst position within the Planning
& Community Development office.
BUDGET: The Community Development Coordinator position was funded in the current fiscal
year but has not and will not be filled. These allocated funds can be repurposed to recruit and
support the salary and benefits of the proposed analyst role, resulting in marginal financial impact
on the current budget. Staff recommends adding the position to the current pay scale grade 195.
XAS JOB DESCRIPTION
Job Title: Community Development Analyst
Department: 40-01 Job Category:
Division: Planning & Community Development Job Code/ Req#: Job Code/ Req#
Location: City Annex Travel Required: Local
Reports To: Director of Community Development Position Type: Full Time
Level/Salary Range: Grade 195
HR Contact:
Training Method: Dat e'Posted.
Posting Expires:
External Posting URL: External Posting URL
Internal Posting URL: Internal Posting URL
ii, /„
F7/
General Summary of Duties
The Community Development Analyst supports the Planning Division by coordinating training, analyzing departmental needs, and
assisting with long-range housing and development initiatives. The role also serves as a liaison between city departments, technica l
teams, and the public to ensure effective communication and program implementation.
Essential Duties
• Support the Planning & Community Development Department as a training and development analyst, assisting in the gathering
and documentation of technical and functional requirements from various city departments.
• Participate in planning and developing specialized training, staff development and occasionally customized and technology-based
training. Attend meetings with key users to understand operational needs and propose viable technology solutions.
• Help bridge communication between technical teams and user departments to ensure project alignment with organizational
goals.
• Research, develop, review and assess training programs and materials. Maintaining accurate records and write detailed reports as
applicable.
• Long range housing projects.
• Communicate with the public regarding housing programs.
• Prepare forms and articles for in-house publications.
• Other duties assigned by the Director of Planning & Community Development.
Minimum Qualifications
Experience in customer service, clerical, administrative, or technical support work, one to two years of secretarial or cleri cal experience or
any equivalent combination of education, training, and experience which provides the required knowledge, skills, and abilities.
Graduation from high school/GED
Two-year college or equivalent is generally preferred
Page 1 of 3
Bilingual- Spanish preferred, not a requirement
Knowledge, Skills & Abilities
Skill in collecting, evaluating and interpreting information to solve problems and make informed decisions
Skill in Excel spreadsheets and applicable software for presentations
Knowledge of office practices, administrative and technical procedures, and applicable policies, administrative codes, and statutes
Skill in establishing and maintaining good working relationships with other city employees, contractors and the public.
Knowledge of customer service standards and protocol.
Skill in the use of standard office equipment, such as computers and printers.
Ability to learn different software and operating systems.
Skills in basic mathematical operations
Ability to respond to public inquiries in a timely manner
Ability to communicate clearly and concisely, both orally and in writing.
Ability to maintain consistent attendance
Licenses and Certifications
Possession of a valid Texas Class "C" driver's license
Supervisory Responsibilities
None
Physical Demands
While performing the duties of this job, the employee is regularly required to use hands to finger, handle, or feel. Duties a Iso require the
ability to talk and hear. The employee is frequently required to sit and reach with hands and arms. The employee is occasiona Ily required
to stand; walk; climb or balance and stoop, kneel, crouch, or crawl. The employee must frequently lift and/or move up to 10 pounds and
occasionally lift and/or move up to 50 pounds. Specific vision abilities required by this job include close vision, distance vision and ability
to adjust focus. The physical demands described here are representative of those that must be met by an employee to successfully
perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform
the essential functions.
Work Environment
While performing the duties of this job, the employee is occasionally exposed to outside weather conditions and risk of electrical shock.
The noise level in the work environment is usually moderate. The work environment characteristics described here are representative of
those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to a nable
individuals with disabilities to perform the essential functions.
The above statements describe the general nature and level of work being performed as of the date of preparation and approval. They are not to be
construed as an exhaustive list of all responsibilities, duties, and skills required of the position. Employees holding this position will be required to
perform any other job-related duties as requested by management. The job description does not constitute an employment agreement between the
employer and employee, and all requirements are subject to possible modification to reasonably accommodate individuals with disabilities.
Page 2 of 3
JOi COMPETENCIES
;.
„ilii/ii /i// /' Oi i, /D
,,, �/ ���, i/% //iii/ � ,
„ ,
MODELS
Shows mindfulness of the image and brand of the City of Paris; reflects courtesy and professionalism in dealing
ORGANIZATIONAL
with citizens and employees; conducts oneself in a manner that reflects positively on the City and its values.
CUSTOMER SERVICE
Responds to customer questions and/or complaints appropriately; communicates with customers; handles service
problems politely and efficiently, is always available for customers; follows procedures to solve customer
problems; understands Department products and services and conveys confidence to customer; maintains
pleasant and professional image.
INTERPERSONAL SKILLS
Exhibits good listening skills; builds strong work relationships; reflects flexibility and open-mindedness; negotiates
with tact; solicits performance feedback and responds appropriately to constructive criticism
COMMUNICATION
Communicates clearly, both verbally and in writing; creates accurate and punctual reports and/or work products;
delivers presentations, shares information and ideas with others; exhibits good listening skills.
PROBLEM SOLVING
Breaks problems down into smaller components; understands underlying issues; can simplify and process complex
issues; understands the difference between critical details and unimportant facts.
DEPENDABILITY
Meets commitments; works independently; accepts accountability; handles change; sets personal standards for
accomplishing work objectives; stays focused under pressure; consistently meets attendance and punctuality
requirements
ADAPTABILITY/
Adapts to change; is open to new ideas; takes on new responsibilities; handles pressure, adjusts plans to meet
FLEXIBILITY
changing needs.
PRODUCTIVITY
Meets workload requirements; takes on additional tasks; prioritizes tasks; develops and/or follows sound work
procedures; manages time well; meets timelines and objectives; maintains information flow.
QUALITY
Is attentive to detail and accuracy; is committed to excellence; looks for continuous improvements; adheres to
quality standards; seeks root cause of quality issues; owns/acts on quality problems
TECHNICAL SKILLS
Demonstrates skill and understanding of specialty equipment; processes and technique; keeps knowledge current;
serves as a technical resource for others; follows technology practices and standards.
WORK ENVIRONMENT
Promotes mutual respect for workplace safety and safety rules; keeps workplace clean and safe; supports and
SAFETY
adheres to safety programs and procedures.
TEAMWORK
Meets all team deadlines and responsibilities; listens to others and values their opinions; shows respect for
differences; helps team meet goals; welcomes new employees and helps them learn the job; and promotes team
atmosphere.
MANAGING CONFLICT
Listens to others; shows courtesy and respect; diffuses conflict before it escalates; seeks causes of solutions to
problems; responds appropriately and tactfully to difficult people.
NEGOTIATION SKILLS
Conducts tactful negotiations; shows ability to compromise; handles conflict to avoid escalation; seeks common
ground; articulates own and others goals; keeps focus on positive outcomes.
Reviewed By:
Name Date: Date
Approved By:
Name Date: Date
Last Updated By:
Name Date/Time: Date/Time
Page 3 of 3
Item No. 22
TO: Mayor, Mayor Pro -Tem & City Council
FROM: Rose Beverly, City Manager
SUBJECT: Purchase of UKG Payroll Software
DATE: July 28, 2025
BACKGROUND: OpenGov acquired the STW financial software system previously used by the
City. As part of this transition, the City successfully integrated its operations into the OpenGov
platform. However, at the time of integration, OpenGov did not yet have a payroll module
available.
The City was informed that we would be permitted to continue using the legacy STW system for
payroll through the end of 2026. In the meantime, we would need to identify and implement a
separate payroll system that could integrate with OpenGov.
The Finance Department undertook extensive research to evaluate options that would best serve
the needs of Paris. By the time I joined the City, the team had narrowed the field to two potential
paths:
1. Participating as a pilot user for OpenGov's new, in -development payroll module, or
2. Selecting a proven, well-established payroll and HR system with robust features that
could enhance City operations.
After careful consideration, we determined that joining the OpenGov pilot project would present
too great a risk. Implementing an untested system, especially one as complex as payroll would
place a significant burden on staff and could lead to operational disruptions.
Last month, we made the decision to proceed with UKG, a trusted provider with a strong track
record and valuable Human Resources features. This direction will allow us to implement a
reliable, fully supported solution without placing undue strain on City personnel.
STATUS OF ISSUE: We have negotiated a contract and finalized pricing for the suite of
services we intend to implement with UKG. The agreement includes a comprehensive range of
features to support our City's needs, including:
• Electronic timekeeping
• Accruals management
• Employee scheduling
• Benefits administration
• Online recruiting and application tracking
• Payroll processing
• System implementation and launch support
In addition to these core components, UKG also offers optional enhancements such as
onboarding tools and other features that may prove valuable as our operations evolve.
This solution represents a significant step forward in modernizing and streamlining the City's
payroll and human resources functions, and we are confident it will serve our staff and
community well.
RECOMMENDATION: Staff recommends for Council to approve the contract with UKG for
Payroll and Human Resources services.
BUDGET: Amount included in the 25-26 budget:
Yearly cost: $70,617.60
One Time Launch Cost: $17.500.00,
$88,117.60
immixTechnology, Inc.
a subsidiary of C ImmixGroup
GENE ANDERSON
TEXAS, STATE OF
CITY OF PARIS
135 1ST ST SE
PARIS, TX 75460
PH: 903-784-9241
uote Number: Q...... �...
UO-1537384-V3M4L8
uote Date: 7/11/2025
x iration Date: 8/10/2025
anufacturer Quote #: Q-315512
anufacturer Ref #:
Sales Quotation
Contract No.: DIR-CPO-5688
CAGE Code:
3CA29
DUNS No.:
09-869-2374
TAX ID#:
54-1912608
Terms:
NET 30
FOB:
Destination
Order Address:
immixTechnology, Inc.
8444 Westpark Drive, Suite 200
McLean, VA 22102
PH: 703-752-0610 FX: 703-752-0611
LmmixTechnology, Inc. Contact: µ m Stutts, Brian
71 770-625-7661 Brian.Stutts(c4immixt rou .com
ranufacturer Contact: RAINEY, DERRICK
254 -213-7786 mm_ derrick. rainey auk .com
PLEASE REFERENCE THE FULL IMMIX QUOTE NUMBER AND GOVERNMENT CONTRACT NUMBER ON ALL PURCHASE ORDERS ISSUED AGAINST THIS
QUOTE
PLEASE DO NOT MAIL PURCHASE ORDERS VIA US POSTAL SERVICE. Please email purchase order to ECS.NA.UKG@immixgroup.com.
Please include any tax-exempt certificates, where applicable.
Billing Start Date: 180 Days from Execution of Order
SaaS Services
Billing Frequency: Monthly in Arrears
Fixed Fee
Billing Frequency: 4 consecutive equal quarterly payments commencing on the Effective Date (>$10K)
The applicable Subscription Fees are due monthly in arrears based on the actual number of employees subject to the Minimum Quantity as set forth in this order
and invoiced following the end of each month commencing on the Billing Start Date. Customer agrees that UKG shall direct debit its designated bank account for the
applicable invoice amount in the month the invoice is due.
Customer shall provide UKG with banking information and all other required information needed to facilitate the invoicing process within five (5) days from the
Effective Date of this Order. In the event that UKG does not receive the banking information and all other required information from Customer within such time
frame, then Customer agrees that the Billing Frequency may be modified so that Customer shall be invoiced quarterly in advance, as follows: The Subscription Fees
for the applicable Monthly Minimum Quantities are due quarterly and invoiced (30) days in advance of the quarter; to reconcile the actual employee counts, promptly
following the end of each month starting from the Billing Start Date, UKG will invoice Customer for the actual number of employees in each month that exceeded the
Monthly Minimum Quantity. In addition, all other billings such as Professional Service fees (including the UKG Launch
Fixed Fee) or Print Services will also be subject to direct debit.
The monthly subscription amount (number of employees multiplied by the applicable Subscription Fee) may increase or decrease if the number of employees
increases or decreases, but in no event shall the monthly Subscription Fee be calculated on less than the Monthly Minimum Quantity above.
INCLUDED AT NO COST: 8604521-001 UKG READY INTEGRATION HUB x 1
All Pricing information is confidential Paae 1 of 3 Quote # QUO-1537384-V3M4L8
immixTechnology, Inc.
Continued I
Sales Quotation
a subsidiary
of immixGroup
Item
Part Num ber
Contract
Trans
Type
_�._
Product Description
I
City
Price
I
Extended
Price
1
8603923-000
DIR-CPO-5688
XAAS
UKG READY TIME (320 lie x 12 mo)** TRUSTED
3840
$2.650C
$10,176.0(
PRODUCT**
2
8603924-000
DIR-CPO-5688
READY ACCRUALS MANAGER (320 lie x 12
3840
$0.850(:
$3,264.0(
JXAAS
JUKG
mo)** TRUSTED PRODUCT "
3
8604150-000
DIR-CPO-5688
XAAS
UKG READY LEAVE (320 lie x 12 mo)*' TRUSTED
3840
$0.68001
$2,611.2
PRODUCT**
4
8604288-000
DIR-CPO-5688
XAAS
,UKG READY SCHEDULER (320 lie x 12 mo)**
3840
$0.680f
$2,611.2
TRUSTED PRODUCT'*
5
8604494-001
DIR-CPO-5688
XAAS
UKG READY ATTESTATION (320 lic x 12 mo)'*
3840
$0.410
$1,574.4'
TRUSTED PRODUCT **
6
8604802-000
DIR-CPO-5688
XAAS
READY PEOPLE INSIGHTS (320 lie x 12 mo)**
38,
$0.680
$2,611.24'
JUKG
TRUSTED PRODUCT *'
7
8604148-000
DIR-CPO-5688
XAAS
UKG READY ACA MANAGER (320 lie x 12 mo)**
3840
$5.360t"
$1.382.4C,
TRUSTED PRODUCT **
8
8604873-000
DIR-CPO-5688
'XAAS
UKG Ready Benefits (320 lie x 12 mo)** TRUSTED
3840
$2.160"
$8,294.41'
PRODUCT "
9
8603925-000
DIR-CPO-5688
XAAS
UKG READY HR (320 lie x 12 mo)** TRUSTED
3840
$3.600
13,824.0.
PRODUCT**
10
8604515-001
XAAS
UKG READY RECRUITING (formerly Talent
3840$0.720
$2,764.8
jDIR-CPO-5688
Acquisition) (320 lie x 12 mo)** TRUSTED PRODUCT
11
8603926-000
FIR C—PO-5618
XAASWorkforce
Ready Payroll - PEPM (320 lie x 12 mo)**
3840
$3.600
$13,824....................
. l.OG
TRUSTED PRODUCT **
12
8604740-000
DIR-C10-5688
XAAS
UKG READY PAYROLL SERVICES WITH
3840$2.000
$7,680.0!
SMARTCHECK (320 lie x 12 mo)** TRUSTED
PRODUCT*'
13
FIXED FEE WFD
DIR-CPO-5688
SVC
UKG LAUNCH FIXED FEE** TRUSTED PRODUCT **
1
$17,500.000
$17,500.0.'
SERVICES
$17,500.00
ANYTHING AS A SERVICE
$70,617.60
iGrand Total
$88,117.60
All Pricing information is confidential Pace 2 of 3 Quote # QUO-1537384-V3M4L8
Q-347552-1051
Subject to the Terms and Conditions of Contract Number DIR-CPO-5688.
Taxes: Sales tax shall be added at the time of an invoice, unless a copy of a valid tax exemption or resale certificate is provided.
All Purchase Orders must include: End User Name, Phone Number, Email Address, Purchase Order Number, Government Contract Number, Our Quote
Number, Part Numbers, Bill -To and Ship -To Address (Cannot ship to a PO Box), Period of Performance (if applicable), and a Signature of a duly
Authorized Representative.
The identified line items are Trusted Products under the immixGroup Trusted Supplier Program.
immixGroup Trusted Supplier Program Policies, Commitments and Guarantees/Warranties can be obtained at:
http://www.immixgroup.com/uploadedFiles/Trusted-Supplier-Program_Guarantee-and-Warranty.pdf
All Pricing information is confidential Paoe 3 of 3 Quote # QUO-1537384-V3M4L8
DIR Contract No. DIR-CPO-5688
IMMIXTECHNOLOGY, INC. — 541912608
STATE OF TEXAS
DEPARTMENT OF INFORMATION RESOURCES
CONTRACT FOR PRODUCT, SERVICES, AND RELATED SERVICES
IMMIXTECHNOLOGY, INC.
1 INTRODUCTION
I "IrlTri I�
� erg
This contract for Software, Commercial Off -the -Shelf (COTS) and Related Services (this
"Contract") is entered into between the State of Texas, acting by and through the
Department of Information Resources (hereinafter "DIR") with its principal place of
business at 300 West 15th Street, Suite 1300, Austin, Texas 78701, and
IMMIXTECHNOLOGY, INC. a Virginia For -Profit Corporation (hereinafter "Successful
Respondent"), with its principal place of business at 8444 Westpark Drive, Suite 200
McLean, Virginia 22102.
i .2 Corrnlli IIII'iance wit1i Laws
This Contract is the result of compliance with applicable procurement laws of the State
of Texas. DIR issued a solicitation on the Comptroller of Public Accounts' Electronic State
Business Daily, Request for Offer (RFO) DIR-CPO-TMP-570, on February 2, 2023, for
Software, Commercial Off -the -Shelf (COTS) and Related Services (the "RFO"). Upon
execution of all Contracts, a notice of award for DIR-CPO-TMP-570, shall be posted by
DIR on the Electronic State Business Daily.
1 L Orderof itrlmecederrice
A. For transactions under this Contract, the order of precedence shall be as follows:
1. this Contract;
2. Appendix A, Standard Terms and Conditions;
3. Appendix B, Successful Respondent's Historically Underutilized Businesses
Subcontracting Plan;
4. Appendix C, Pricing Index;
5. Exhibit 1, RFO DIR-CPO-TMP-570, including all Addenda; and
6. Exhibit 2, Successful Respondent's Response to RFO DIR-CPO-TMP-570,
including all Addenda.
DIR Contract No. DIR-CPO-5688
IMMIXTECHNOLOGY, INC. — 541912608
B. Each of the foregoing documents is hereby incorporated by reference and
together constitute the entire agreement between DIR and Successful
Respondent.
I . Iteffinit'ions
Capitalized terms used but not defined herein have the meanings given to them in
Appendix A, Standard Terms and Conditions.
2 71I1:.::R Iii::: C III' "'IV°'llR c r
The initial term of this Contract shall be up to two (2) years commencing on the date of
the last signature hereto (the "Initial Term"), with one (1) optional two-year renewal and
two (2) optional one-year renewals (each, a "Renewal Term"). Prior to expiration of the
Initial Term and each Renewal Term, this Contract will renew automatically under the
same terms and conditions unless either party provides written notice to the other party
at least sixty (60) days in advance of the renewal date stating that the party wishes to
discuss amendment or non -renewal.
oFernalM TO EXTEND
Successful Respondent agrees that DIR may require continued performance under this
Contract at the rates specified in this Contact following the expiration of the Initial Term
or any Renewal Term. This option may be exercised more than once, but the total
extension of performance hereunder shall not exceed ninety (90) calendar days. Such
extension of services shall be subject to the requirements of the Contract, with the sole
and limited exception that the original date of termination shall be extended pursuant
to this provision. DIR may exercise this option upon thirty (30) calendar days written
notice to the Successful Respondent.
IPIIR If CT All lllf SIEIIRt IIIICIE OIFIFEIR114 S
Products and services available under this Contract are limited to the technology
categories defined in Request for Offer DIR-CPO-TMP-570 for Software, Commercial
Off -the -Shelf (COTS) and Related Services. At DIR's sole discretion, Successful
Respondent may incorporate changes or make additions to its product and service
offerings, provided that any changes or additions must be within the scope of the RFO.
DIR-CPO-TMP-570 Page 2 of 10
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DIR Contract No. DIR-CPO-5688
IMMIXTECHNOLOGY, INC. — 541912608
S 'I Pii,°i6n I ur,idee
Pricing to Customers shall be as set forth in Appendix C, Pricing Index, and shall
include the DIR Administrative Fee (as defined below).
5,2 CustorrieiiiDiscciiurd
A. The minimum Customer discount for all products and services will be the
percentage off List Price (as defined below) or MSRP (as defined below), as
applicable, as specified in Appendix C, Pricing Index. Successful Respondent
shall not establish a List Price or MSRP for a particular solicitation. For purposes
of this Section, "List Price" is the price for a product or service published in
Successful Respondent's price catalog (or similar document) before any discounts
or price allowances are applied. For purposes of this Section, "MSRP," or
manufacturer's suggested retail price, is the price list published by the
manufacturer or publisher of a product and available to and recognized by the
trade.
B. Customers purchasing products or services under this Contract may negotiate
additional discounts with Successful Respondent. Successful Respondent and
Customer shall provide the details of such additional discounts to DIR upon
request.
C. If products or services available under this Contract are provided at a lower price
to: (i) an eligible Customer who is not purchasing those products or services
under this Contract, or (ii) to any other customer under the same terms and
conditions provided for the State for the same products and services under this
contract, then the price of such products and services under this Contract shall be
adjusted to that lower price. This requirement applies to products or services
quoted by Successful Respondent for a quantity of one (1), but does not apply to
volume or special pricing purchases. Successful Respondent shall notify DIR
within ten (10) days of providing a lower price as described in this Section, and
this Contract shall be amended within ten (10) days to reflect such lower price.
S.S QII°tiluu°iges to IIIII'uiu°iiiices
A. Subject to the requirements of this section, Successful Respondent may change
the price of any product or service upon changes to the List Price or MSRP, as
DIR-CPO-TMP-570 Page 3 of 10
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DIR Contract No. DIR-CPO-5688
IMMIXTECHNOLOGY, INC. — 541912608
applicable. Discount levels shall not be subject to such changes, and will remain
consistent with the discount levels specified in this Contract.
B. Successful Respondent may revise its pricing by publishing a revised pricing list,
subject to review and approval by DIR. If DIR, in its sole discretion, finds that the
price of a product or service has been increased unreasonably, DIR may request
that Successful Respondent reduce the pricing for the product or service to the
level published before such revision. Upon such request, Successful Respondent
shall either reduce the pricing as requested, or shall remove the product or
service from the pricing list for this Contract. Failure to do so will constitute an act
of default by Successful Respondent.
SA,
i„„ pm � q
� Sisu°u uuiuu°��� er°uu � �euusr° � ours
Prices to Customers shall include all shipping and handling fees. Shipments will be Free
On Board Customer's Destination. No additional fees may be charged to Customers for
standard shipping and handling. If a Customer requests expedited or special delivery,
Customer will be responsible for any additional charges for expedited or special delivery.
5 5 IIIC°r°avel Cxllpeuuiuses
Pricing for services provided under this Contract are exclusive of any travel expenses
that may be incurred in the performance of such services. Travel expense
reimbursement may include personal vehicle mileage or commercial coach
transportation, hotel accommodations, parking, and meals; provided, however, the
amount of reimbursement by Customers shall not exceed the amounts authorized for
state employees as adopted by each Customer; and provided, further, that all
reimbursement rates shall not exceed the maximum rates established for state
employees under the current State Travel Management Program. Travel time may not
be included as part of the amounts payable by Customer for any services provided
under this Contract. The DIR Administrative Fee is not applicable to travel expense
reimbursement. Anticipated travel expenses must be pre -approved in writing by the
Customer. The Customer reserves the right not to pay travel expenses which are not
pre -approved in writing by the Customer.
DIR-CPO-TMP-570 Page 4 of 10
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Milk II lNis r1RATIVEII°°I III
A. Successful Respondent shall pay an administrative fee to DIR based on the dollar
value of all sales to Customers pursuant to this Contract (the "DIR Administrative
,� Administrativeeshallseventy-five hundredths
' amount
of r percent(0.75%) rll sales,and For example,
administrativefor ♦$100,000 shall be $750.
B. All prices quoted to Customers shall include the DIR Administrative Fee. DIR
reserves
rt'.:right
t..
during the
term of this Contract, }Successful Respondent
amending Any increase or decrease + DER
Administrative ran
♦,;I Ill! 111111111 1 ill! 1111! llulmnlrls��
IIIA rill: ;,IIumE:7 ACC II,,,SS 1170 CONTI4mcr AND PRICINGIMI::0RIMA„I EON
SectionIn addition to the requirements listed in Appendix A, Access
Contract and Pricing Information, Successful Respondent shall include the following
current price list or mechanism to obtain specific contract pricing;
B. SIS /list price or DER Customer rice
C. Discount percentage (°!o) off MSRPr List Price;
Warranty olicies;
E. Return policies,
Fm A linkto `s list of TX-RAMPcertified Cloud Produc s, an
link to Service Level Agreements for each SaaS product awarded, is at a
minimum, shall include metrics and methodfor calculating and reporting results,
for:
i. service availability;
ii. recovery time Objectives; and
iii. data loss tolerance levels (also known as recovery point objectives).
DIR-CPO-TMP-570 Page 5 of 10
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DIR Contract No. DIR-CPO-5688
IMMIXTECHNOLOGY, INC. — 541912608
8 USllliiii 011l'w R Illi I111:1,1D 111,,,F1l l-1',,,,1111:1 8
8 f u' llllioriizat'iiiouu °to Use 4'frder° Fulfoolllllllleiii°s
Subject to the conditions in this Section 8, DIR agrees to permit Successful Respondent
to utilize designated order fulfillers to provide products, services, and support resources
to Customers under this Contract ("Order Fulfillers").
8.2 tesiiiiguurrt'i ruu° of ()iirder° 1 utftilflleiiir
A. Successful Respondent may designate Order Fulfillers to act as the distributors
for products and services available under this Contract. In designating Order
Fulfillers, Successful Respondent must be in compliance with the State's Policy on
Utilization of Historically Underutilized Businesses. DIR and Successful
Respondent will agree on the number of Order Fulfillers that are Historically
Underutilized Businesses as defined by the CPA.
B. In addition to the required Subcontracting Plan, Successful Respondent shall
provide DIR with the following Order Fulfiller information: Order Fulfiller name,
Order Fulfiller business address, Order Fulfiller CPA Identification Number, Order
Fulfiller contact person email address and phone number.
C. DIR reserves the right to require Successful Respondent to rescind any Order
Fulfiller participation or request that Successful Respondent name additional
Order Fulfillers should DIR determine it is in the best interest of the State.
D Successful Respondent shall be fully liable for its Order Fulfillers' performance
under and compliance with the terms and conditions of this Contract. Successful
Respondent shall enter into contracts with Order Fulfillers and use terms and
conditions that are consistent with the terms and conditions of this Contract.
E. Successful Respondent may qualify Order Fulfillers and their participation under
the Contract provided that: i) any criteria is uniformly applied to all potential
Order Fulfillers based upon Successful Respondent's established, neutrally
applied criteria, ii) the criteria is not based on a particular procurement, and iii) all
Customers are supported under the criteria.
F. Successful Respondent shall not prohibit any Order Fulfiller from participating in
other procurement opportunities offered through DIR.
DIR-CPO-TMP-570 Page 6 of 10
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DIR Contract No. DIR-CPO-5688
IMMIXTECHNOLOGY, INC. — 541912608
8 3 CIIIII,iainges iiri Oir#Jeuu,° IIII'Iuulllllfiilllle:°°
Successful Respondent may add or remove Order Fulfillers throughout the term of this
Contract upon written authorization by DIR. Prior to adding or removing Order Fulfillers,
Successful Respondent must make a good faith effort to revise its Subcontracting Plan
in accordance with the State's Policy on Utilization of Historically Underutilized
Businesses. Successful Respondent shall provide DIR with its updated Subcontracting
Plan and the Order Fulfillers information listed above.
°,u� a .to CustiiIuu�ne:
1 uu�ale:� IIII' u�fiuillllllll�i���uu� IIII'' sliiieuul°:
Order Fulfiller pricing to the Customer shall be in accordance with Section 5.
9 Pqo"'Au11:::11l TIII OIW
All notices under this Contract shall be sent to a party at the respective address
indicated below.
If sent to the State:
Lisa Massock or Successor in Office
Chief Procurement Officer
Department of Information Resources
300 W. 15th St., Suite 1300
Austin, Texas 78701
Phone: (512) 475-4700
Email: Illus,uina ssesIII Lsi�I is2:es. ,�f
If sen to Successful Res ondent:
Billy Donnelly
Sales Director
IMMIXTECHNOLOGY, INC.
8444 Westpark Drive Suite 200
McLean, Virginia 22102
Phone: (703) 584-9747
Email: IlliiIII'..N..!...".wyIuimwuanii s��°n
DIR-CPO-TMP-570 Page 7 of 10
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DIR Contract No. DIR-CPO-5688
IMMIXTECHNOLOGY, INC. — 541912608
10 S011F`111"WA1:t1:..:.,ll�JIII IIIE
10.''I ' ol'twar,e III11 Viiicieuuime gr°eeuuiu erit
A. Customers acquiring software licenses under this Contract shall hold, use, and
operate such software subject to compliance with the Software License
Agreement. Customer and Successful Respondent may agree to additional terms
and conditions that do not diminish a term or condition in the Software License
Agreement, or in any manner lessen the rights or protections of Customer or the
responsibilities or liabilities of Successful Respondent. Successful Respondent
shall make the Software License Agreement terms and conditions available to all
Customers at all times.
B. Compliance with the Software License Agreement is the responsibility of the
Customer. DIR shall not be responsible for any Customer's compliance with the
Software License Agreement.
11 COMIF1„,,EC”"1111"'lI R E Dii nONAL I ERMS
A. The terms and conditions of this Contract shall supersede any additional
conflicting or additional terms in any additional service agreements, statement of
work, and any other provisions, terms, conditions, and license agreements,
including those which may be affixed to or accompany software upon delivery
(sometimes called shrink-wrap or click -wrap agreements), and any linked or
supplemental documents, which may be proposed, issued, or accepted by
Successful Respondent and Customer in addition to this Contract (such additional
agreements, "Additional Agreements"), regardless of when such Additional
Agreements are proposed, issued, or accepted by Customer. Notwithstanding the
foregoing, it is Customer's responsibility to review any Additional Agreements to
determine if Customer accepts such Additional Agreement. If Customer does not
accept such Additional Agreement, Customer shall be responsible for negotiating
any changes thereto.
B. Any update or amendment to an Additional Agreement shall only apply to
Purchase Orders for the associated product or service offering after the effective
date of such update or amendment; provided that, if Successful Respondent has
responded to a Customer's solicitation or request for pricing, any subsequent
DIR-CPO-TMP-570 Page 8 of 10
Version 1.0
Rev. 3/21 /23
update resulting
yi, Agreement may only apply to K
Purchase Order if Successful Respondent directly informs such Customer of such
updateOrder,
C. Successful Respondent shall not require any Additional Agreement that: i)
diminishes the rights, benefits, or protections of Customer, or that alters the
definitions, measurements, or method for determining any authorized rights,
o,imposesadditional costs,
obligations upon Customer, or that alters the definitions, measurements,
determiningmethod for any authorized costs, burdens, or obligations upon
Successful Respondent attempts to do any of the foregoing, the prohibited
documents will e void n inapplicable to this Contract orte Purchase Order
between Successful Respondent and Customer, and Successful Respondent will
nonetheless be obligated to perform such Purchase Order without regard t0 the
prohibited doc ents, unless Customer elects instead to terminate such
Purchase r erg which in such case may be identified as a termination for cause
against Successful Respondent.
12 ALYTIll 1 ' Ilf1IIII "IIE E I C Iiii ll,)11f`IIII 14 mill""O A1N1::NEND11X A,m II IIII m llliiii lll' S IIS' @f
OI IIf 111nONS
------------
DIR-CPO-TMP-570 Page 9 of 10
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DIR Contract No. DIR-CPO-5688
IMMIXTECHNOLOGY, INC. — 541912608
This Contract is executed to be effective as of the date of last signature.
IMMIXTECHNOLOGY, INC.
Authorized By: Signature on File
Name: Billy Donnelly
Director of suppliers
Title:
Date: 5/13/2025 1 6:10 PM CDT
The State of Texas, acting by and through the Department of Information Resources
Authorized By: Signature on File
Name: Lisa Massock
Title: Chief Procurement Officer
5/14/2025 1 5:02 PM CDT
Date:
Office of General Counsel: Initials on File
5/14/2025 1 4:57 PM CDT
Date:
DIR-CPO-TMP-570 Page 10 of 10
Version 1.0
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Department of Information Resources
DIR-CPO-5688
Appendix A
Standard Contract Terms and Conditions
Cooperative Contracts
1 Contract Scope.................................................................................................................................... 5
2 No Quantity Guarantees......................................................................................................................5
3 Definitions...........................................................................................................................................5
3.1
Compliance Check.................................................................................................................... 5
3.2
Contract..................................................................................................................................... 5
3.3
CPA........................................................................................................................................... 5
3.4
Customer................................................................................................................................... 5
3.5
Business day..............................................................................................................................6
3.6
DIR............................................................................................................................................ 6
3.7
Effective Date............................................................................................................................6
3.8
Invoice....................................................................................................................................... 6
3.9
Purchase Order.......................................................................................................................... 6
3.10
State...........................................................................................................................................6
3.11
Statement of Work (SOW)........................................................................................................ 6
3.12
Subcontracting Plan................................................................................................................... 6
3.13
Successful Respondent..............................................................................................................6
3.14
Third -Party Provider.................................................................................................................. 7
4 General Provisions.............................................................................................................................. 7
4.1 Entire Agreement...................................................................................................................... 7,
4.2 Modification of Contract Terms and/or Amendments.............................................................. 7
4.3 Invalid Term or Condition.........................................................................................................7
4.4 Assignment................................................................................................................................8
4.5 Survival.....................................................................................................................................8
4.6 Choice of Law........................................................................................................................... 8
4.7 Limitation of Authority............................................................................................................. 8
4.8 Proof of Financial Stability....................................................................................................... 9
4.9 Data Location............................................................................................................................ 9
4.10 Independent Contractor.............................................................................................................9
5 Intellectual Property Matters............................................................................................................... 9
5.1 Intellectual Property Matters Definitions.................................................................................. 9
5.1.1 "Work Product".......................................................................................................... 9
5.1.2 "Intellectual Property Rights"..................................................................................10
5.1.3 "Third Party IP".......................................................................................................10
5.1.4 "Successful Respondent IP"..................................................................................... 10
5.2 Ownership...............................................................................................................................11
5.3 Further Actions........................................................................................................................ 11
5.4 Waiver of Moral Rights...........................................................................................................12
5.5 Confidentiality.........................................................................................................................12
5.6 Injunctive Relief...................................................................................................................... 12
5.7 Return of Materials Pertaining to Work Product..................................................................... 12
5.8 Successful Respondent License to Use................................................................................... 13
Appendix A Standard Contract Terms and Conditions Page 1
<Rev December 2021>
5.9 Third -Party Underlying and Derivative Works.......................................................................13
5.10 Agreement with Third Party Providers....................................................................................13
5.11 License to Customer................................................................................................................13
5.12 Successful Respondent Development Rights..........................................................................14
6 Terms and Conditions Applicable to State Agency Purchases Only................................................14
7 Contract Fulfillment and Promotion.................................................................................................15
7.1
Service, Sales and Support of the Contract.............................................................................15
7.2
Internet Access to Contract and Pricing Information..............................................................15
7.3
Accurate and Timely Contract Information............................................................................16
7.4
Webpage Compliance Checks.................................................................................................16
7.5
Webpage Changes...................................................................................................................
16
7.6
Use of Access Data Prohibited................................................................................................17
7.7
Responsibility for Content.......................................................................................................17
7.8
Services Warranty and Return Policies...................................................................................17
7.9
DIR and Customer Logos........................................................................................................17
7.10
Successful Respondent Logo...................................................................................................17
7.11
Trade Show Participation........................................................................................................17
7.12
Orientation Meeting................................................................................................................18
7.13
Performance Review Meetings................................................................................................18
7.14
DIR Cost Avoidance...............................................................................................................18
8 Purchase Orders, Invoices, and Payments.........................................................................................18
8.1 Purchase Orders.......................................................................................................................18
8.2 Invoices...................................................................................................................................18
8.3 Payments.................................................................................................................................19
8.4 Tax-Exempt.............................................................................................................................19
8.5 Travel Expense Reimbursement..............................................................................................19
9 Contract Administration....................................................................................................................19
9.1 Contract Managers..................................................................................................................19
9.1.1 DIR Contract Manager.............................................................................................19
9.1.2 Successful Respondent Contract Manager...............................................................19
9.2 Reporting and Administrative Fees......................................................................................... 20
9.2.1 Reporting Responsibility ..........................................................................................20
9.2.2 Detailed Monthly Report .......................................................................................... 20
9.2.3 Historically Underutilized Businesses Subcontract Reports .................................... 20
9.2.4 DIR Administrative Fee........................................................................................... 21
9.2.5 Accurate and Timely Submission of Reports........................................................... 21
9.3 Records and Audit...................................................................................................................22
9.4 Contract Administration Notification...................................................................................... 23
10 Successful Respondent Responsibilities........................................................................................... 23
10.1 Indemnification....................................................................................................................... 23
Appendix A Standard Contract Terms and Conditions Page 2
<Rev December 2021>
10.1.1 Indemnities by Successful Respondent....................................................................23
Termination for Non-Appropriation.........................................................................
10.1.2 Infringements...........................................................................................................
24
10.2 Property Damage.....................................................................................................................24
34
10.3 Taxes/Worker's Compensation/Unemployment Insurance.....................................................24
Termination for Convenience...................................................................................
10.4 Successful Respondent Certifications.....................................................................................
25
10.5 Ability to Conduct Business in Texas.....................................................................................
27
10.6 Equal Opportunity Compliance...............................................................................................28
Immediate Termination or Suspension....................................................................
10.7 Use of Subcontractors.............................................................................................................28
11.2.6
10.8 Responsibility for Actions.......................................................................................................28
36
10.9 Confidentiality.........................................................................................................................28
Successful Respondent Rights Under Termination ..................................................
10.10 Security of Premises, Equipment, Data and Personnel...........................................................
29
10.11 Background and/or Criminal History Investigation................................................................
29
10.12 Limitation of Liability.............................................................................................................
29
10.13 Overcharges.............................................................................................................................
30
10.14 Prohibited Conduct..................................................................................................................
30
10. 15 Required Insurance Coverage.................................................................................................
30
10. 15.1 Commercial General Liability.................................................................................
31
10. 15.2 Workers' Compensation Insurance.........................................................................
31
10. 15.3 Business Automobile Liability Insurance................................................................
31
10.16 Use of State Property ............................................................................................................... 31
10.17 Immigration............................................................................................................................. 31
10.18 Public Disclosure..................................................................................................................... 32
10.19 Product and/or Services Substitutions.....................................................................................32
10.20 Secure Erasure of Hard Disk Managed Services Products and/or Services ............................ 32
10.21 Deceptive Trade Practices; Unfair Business Practices............................................................ 32
10.22 Drug Free Workplace Policy...................................................................................................32
10.23 Public Information................................................................................................................... 33
10.24 Successful Respondent Reporting Requirements.................................................................... 33
10.25 Cybersecurity Training............................................................................................................ 33
11 Contract Enforcement....................................................................................................................... 33
11.1 Enforcement of Contract and Dispute Resolution................................................................... 33
11.2 Termination............................................................................................................................. 34
11.2.1
Termination for Non-Appropriation.........................................................................
34
11.2.2
Absolute Right.........................................................................................................
34
11.2.3
Termination for Convenience...................................................................................
34
11.2.4
Termination for Cause..............................................................................................
35
11.2.5
Immediate Termination or Suspension....................................................................
35
11.2.6
Customer Rights Under Termination.......................................................................
36
11.2.7
Successful Respondent Rights Under Termination ..................................................
36
11.3 Force Majeure.......................................................................................................................... 36
12 Non -Solicitation of State Employees................................................................................................ 36
13 Warranty............................................................................................................................................36
Appendix A Standard Contract Terms and Conditions Page 3
<Rev December 2021>
14 Notification....................................................................................................................................... 37
14.1 Notices.....................................................................................................................................37
14.2 Handling of Written Complaints............................................................................................. 37
15 Captions............................................................................................................................................ 37
Appendix A Standard Contract Terns and Conditions Page 4
<Rev December 2021>
The following terms and conditions shall govern the conduct of DIR and Successful Respondent during
the term of the Contract.
Successful Respondent shall provide the products and/or services specified in the Contract for purchase
by Customers. Terms used in this document shall have the meanings set forth below in Section 3
Definitions.
a ..
The Contract is not exclusive to Successful Respondent. Customers may obtain services from other
sources during the term of the Contract. DIR makes no express or implied warranties whatsoever that any
particular quantity or dollar amount of products and/or services will be procured through the Contract.
3.1 Compliance Check
An audit of Successful Respondent's compliance with the Contract which may be performed by a third -
party auditor, DIR Internal Audit department, DIR contract management staff, or their designees.
3.2 Contract
The DIR Contract between DIR and Successful Respondent into which this Appendix A is incorporated.
3.3 CPA
Refers to the Texas Comptroller of Public Accounts.
3.4 Customer
Any Texas state agency, unit of local government, institution of higher education as defined in Section
2054.003, Texas Government Code, the Electric Reliability Council of Texas, the Lower Colorado River
Authority, a private school, as defined by Section 5.001, Education Code, a private or independent
institution of higher education, as defined by Section 61.003, Education Code, a volunteer fire
department, as defined by Section 152.001, Tax Code, and those state agencies purchasing from a DIR
contract through an Interagency Agreement, as authorized by Chapter 771, Texas Government Code, any
local government as authorized through the Interlocal Cooperation Act, Chapter 791, Texas Government
Code, a public safety entity, as defined by 47 U.S.C. Section 1401, or a county hospital, public hospital,
or hospital district, the state agencies and political subdivisions of other states as authorized by Section
2054.0565, Texas Government Code, and, except for telecommunications services under Chapter 2170,
Texas Government Code, assistance organizations as defined in Section 2175.001:
A. A non-profit organization that provides educational, health or human services or assistance to
homeless individuals;
B. A nonprofit food bank that solicits, warehouses, and redistributes edible but unmarketable food
to an agency that feeds needy families and individuals;
C. Texas Partners of the Americas, a registered agency with the Advisory Committee on Voluntary
Foreign Aid, with the approval of the Partners of the Alliance Office of the Agency for
International Development;
Appendix A Standard Contract Terms and Conditions Page 5
<Rev December 2021>
D. A group, including a faith -based group, that enters into a financial or non-financial agreement
with a health or human services agency to provide services to that agency's clients;
E® A local workforce development board created under Section 2308.253, Texas Government Code;
F. A nonprofit organization approved by the Supreme Court of Texas that provides free legal
services for low-income households in civilmatters;
Cl. The Texas Boll Weevil Eradication Foundation, Inc., or an entity designated by the commissioner
of agriculture as the foundation's successor entity under Section 74. 1011, Texas Agriculture
Code;
H. A nonprofit computer bank that solicits, stores, refurbishes and redistributes used computer
equipment to public school students and their families; and
I. A nonprofit organization that provides affordable housing.
3.5 Business day
Shall mean business days, Monday through Friday, except for State and Federal holidays. If the Contract
calls for performance on a day that is not a business day, then performance is intended to occur on the
next business day.
3.6 DIR
Refers to the Texas Department of Information Resources.
3.7 Effective Date
Refers to the effective date of the Contract as set forth therein.
3.8 Invoice
Refers to a Customer approved instrument submitted by Successful Respondent for payment of services.
3.9 Purchase Order
Refers to Customer's fiscal form or format, contract with Successful Respondent, or other document used
by Customer to authorize the purchase of products or services from Successful Respondent under the
Contract, including but not limited to a formal written purchase order, procurement card, electronic
purchase order, or another authorized instrument.
3.10 State
Refers to the State of Texas.
3.11 Statement of Work (SOW)
Means a document entered into between Customer and Successful Respondent describing a specific set of
activities and/or deliverables, which may include Work Product and Intellectual Property Rights, that
Successful Respondent is to provide Customer, issued pursuant to the Contract.
3.12 Subcontracting Plan
Refers to Appendix B, Successful Respondent's Historically Underutilized Business Subcontracting
Plan.
3.13 Successful Respondent
Refers to the party identified as either "Successful Respondent" or "Vendor" in Section 1.1 of the
Contract.
Appendix A Standard Contract Terms and Conditions Page 6
<Rev December 2021>
3.14 Third -Party Provider
Refers to an agent, affiliate, subcontractor, vendor, reseller, manufacturer, publisher, distributor, order
fulfiller or other person or entity designated or directed by Successful Respondent to provide products or
services to a Customer in performance of, related to, or in support of a Purchase Order issued under the
Contract.
The Contract, Appendices, and Exhibits constitute the entire agreement between DIR and Successful
Respondent. No statement, promise, condition, understanding, inducement or representation, oral or
written, expressed or implied, which is not contained in the Contract, Appendices, or its Exhibits shall be
binding or valid.
4.2 Modification of Contract Terms and/or Amendments
A. The terms and conditions of the Contract shall govern all transactions by Customers under the
Contract. The Contract may only be modified or amended upon mutual written agreement of DIR
and Successful Respondent.
B. DIR may amend the Contract upon thirty (30) calendar days written notice to Successful
Respondent without the need for Successful Respondent's written consent: i) as necessary to
satisfy a regulatory requirement imposed upon DIR by a governing body with the appropriate
authority, or ii) as necessary to satisfy a procedural change due to DIR system upgrades or
additions.
C. Customers shall not have the authority to modify the terms of the Contract; however, additional
Customer terms and conditions that do not conflict with the Contract and are acceptable to
Successful Respondent may be added in a Purchase Order and given effect. No additional term or
condition added in a Purchase Order issued by a Customer can conflict with or diminish a term or
condition of the Contract. Pre-printed terms and conditions on any Purchase Order issued by
Customer hereunder will have no force and effect. In the event of a conflict between a
Customer's Purchase Order and the Contract, the Contract term shall control.
D. Customer(s) and Successful Respondent will negotiate and enter into written agreements
regarding statements of work, service level agreements, remedies, acceptance criteria,
information confidentiality and security requirements, and other terms specific to their Purchase
Orders under the Contract.
A. To the extent any term or condition in the Contract conflicts with the applicable Texas and/or
United States law or regulation, such Contract term or condition is void and unenforceable. By
executing a Contract which contains the conflicting term or condition, DIR makes no
representations or warranties regarding the enforceability of such term or condition and DIR does
not waive the applicable Texas and/or United States law or regulation which conflicts with the
Contract term or condition.
B. If one (1) or more term or condition in the Contract, or the application of any term or condition to
any party or circumstance, is held invalid, unenforceable, or illegal in any respect by a final
judgment or order of the State Office of Administrative Hearings or a court of competent
Appendix A Standard Contract Terms and Conditions Page 7
<Rev December 2021>
i
jurisdiction, the remainder of the Contract and the application of the term or condition to other
parties or circumstances shall remain valid and in full force and effect.
A. DIR may assign the Contract without prior written approval to: i) a successor in interest (another
state agency as designated by the Texas Legislature), or ii) as necessary to satisfy a regulatory
requirement imposed upon a party by a governing body with the appropriate authority.
B. A Customer may assign a Purchase Order issued under the Contract without prior written
approval to: i) a successor in interest (another state agency as designated by the Texas
Legislature), or ii) as necessary to satisfy a regulatory requirement imposed upon a party by a
governing body with the appropriate authority.
C. Successful Respondent shall not assign its rights under the Contract or delegate the performance
of its duties under the Contract without prior written approval from the DIR. Any attempted
assignment in violation of this provision is void and without effect.
4.5 Survival
All applicable Statements of Work that were entered into between Successful Respondent and a Customer
under the terms and conditions of the Contract shall survive the expiration or termination of the Contract.
All Purchase Orders issued and accepted by Successful Respondent shall survive expiration or
termination of the Contract for the term of the Purchase Order, unless the Customer terminates the
Purchase Order sooner. However, regardless of the term of the Purchase Order, no Purchase Order shall
survive the expiration or termination of the Contract for more than three (3) years. In all instances of
termination or expiration and no later than five (5) days after termination or expiration or upon DIR
request, Successful Respondent shall provide a list, in accordance with the format requested by DIR (i.e.,
Excel, Word, etc.), of all surviving Statements of Work and Purchase Orders to the DIR Contract
Manager and shall continue to report sales and pay the DIR Administrative Fees for the duration of all
such surviving Statements of Work and Purchase Orders. Rights and obligations under the Contract which
by their nature should survive, including, but not limited to the DIR Administrative Fee and any and all
payment obligations invoiced prior to the termination or expiration hereof, obligations of confidentiality;
and indemnification will remain in effect.
The Contract shall be governed by and construed in accordance with the laws of the State of Texas,
without regard to the conflicts of law provisions. In any litigation where any state agency is a party, and
subject to the requirements of Chapter 2260, Texas Government Code, the exclusive venue of any such
suit arising under the Contract is fixed in the state courts of Travis County, Texas. If litigation does not
involve any state agency, then venue is fixed in the state courts of the Texas county where the Customer
is primarily situated, unless the specific venue is otherwise identified in a statute which directly names or
otherwise identifies its applicability to the contracting Agency. Regardless of any provision anywhere in
the Contract, no state agency or other Customer in any manner waives any defense or immunity
whatsoever.
Successful Respondent shall have no authority to act for or on behalf of the Texas Department of
Information Resources or the State except as expressly provided for in the Contract; no other authority,
Appendix A Standard Contract Terms and Conditions Page 8
<Rev December 2021>
power or use is granted or implied. Successful Respondent may not incur any debts, obligations,
expenses, or liabilities of any kind on behalf of the State or DIR.
4.$ Proof of Financial Stability
Either DIR or Customer may require Successful Respondent to provide proof of financial stability prior to
or at any time during the Contract term.
Regardless of any other provision of the Contract or its incorporated or referenced documents, all of the
data for State of Texas Customers shall remain, and be stored, processed, accessed, viewed, transmitted,
and received, always and exclusively within the contiguous United States. A State of Texas Customer can
specifically request otherwise; however, Successful Respondent shall notify DIR promptly after such
request is made. For all Customers outside the State of Texas' jurisdiction, the question of data location
shall be at the discretion of such Customers. NOTE: CUSTOMERS SHOULD CONSIDER WHETHER
THEY REQUIRE CONTIGUOUS US -ONLY DATA LOCATION AND HANDLING AND MAKE
SUCCESSFUL RESPONDENT AWARE OF THEIR REQUIREMENTS.
4.10 Independent Contractor
SUCCESSFUL RESPONDENT AGREES AND ACKNOWLEDGES THAT DURING THE
EXISTENCE OF THE CONTRACT, IT IS FURNISHING SERVICES IN THE CAPACITY OF
AN INDEPENDENT CONTRACTOR AND THAT SUCCESSFUL RESPONDENT IS NOT AN
EMPLOYEE OF THE CUSTOMER, DIR, OR THE STATE OF TEXAS.
5.1 Intellectual Property Matters Definitions
5.1 1 "Work Product"
Means any and all deliverables produced by Successful Respondent for Customer under a Statement of
Work issued pursuant to the Contract, including any and all tangible or intangible items or things that
have been or will be prepared, created, developed, invented or conceived at any time following the
Effective Date, including but not limited to any:
(i) works of authorship (such as manuals, instructions, printed material, graphics, artwork,
images, illustrations, photographs, computer programs, computer software, scripts,
configurations, object code, source code or other programming code, HTML code, flow
charts, notes, outlines, lists, compilations, manuscripts, writings, pictorial materials,
schematics, formulae, processes, algorithms, data, information, multimedia files, text web
pages or web sites, other written or machine readable expression of such works fixed in any
tangible media, and all other copyrightable works),
(ii) trademarks, service marks, trade dress, trade names, logos, or other indicia of source or
origin,
(iii) ideas, designs, concepts, personality rights, methods, processes, techniques, apparatuses,
inventions, formulas, discoveries, or improvements, including any patents, trade secrets and
know-how,
(iv) domain names,
(v) any copies, and similar or derivative works to any of the foregoing,
Appendix A Standard Contract Terms and Conditions Page 9
<Rev December 2021>
(vi) all documentation and materials related to any of the foregoing,
(vii) all other goods, services or deliverables to be provided to Customer under the Contract or a
Statement of Work, and
(viii) all Intellectual Property Rights in any of the foregoing, and which are or were created,
prepared, developed, invented or conceived for the use or benefit of Customer in connection
with the Contract or a Statement of Work, or with funds appropriated by or for Customer or
Customer's benefit:
a. by any Successful Respondent personnel or Customer personnel, or
b. any Customer personnel who then became personnel to Successful Respondent or any of
its affiliates or subcontractors, where, although creation or reduction -to -practice is
completed while the person is affiliated with Successful Respondent or its personnel, any
portion of same was created, invented or conceived by such person while affiliated with
Customer.
5.1.2 "lritellectual Property Rights"
Means the worldwide legal rights or interests, including but not limited to all United States and foreign
patents, copyrights, trademarks, service marks, trade secrets, moral rights, author's rights, reversionary
rights, and any and all other intellectual property or similar rights, evidenced by or embodied in:
i) any idea, design, concept, personality right, method, process, technique, apparatus, invention,
discovery, or improvement, including any patents, trade secrets, and know-how;
ii) any work of authorship, including any copyrights, moral rights or neighboring rights;
iii) any trademark, service mark, trade dress, trade name, or other indicia of source or origin;
iv) domain name registrations; and
v) any other proprietary or similar rights. The Intellectual Property Rights of a party include all
worldwide legal rights or interests that the party may have acquired by assignment or license with
the right to grant sublicenses.
5. L' "Third Party IP"
Means the Intellectual Property Rights of any third party that is not a party to the Contract or a Purchase
Order or Statement of Work issued under the Contract, and that is not directly or indirectly providing any
goods or services to Customer under the Contract or a Purchase Order or Statement of Work issued under
the Contract.
5.1.4 "Successful Respondent IP'"
Shall mean all tangible or intangible items or things, including the Intellectual Property Rights therein,
created or developed by Successful Respondent:
i) prior to providing any services or Work Product to Customer and prior to receiving any
documents, materials, information or funding from or on behalf of Customer relating to the
services or Work Product, or
Appendix A Standard Contract Terms and Conditions Page 10
<Rev December 2021>
ii) after the Effective Date if such tangible or intangible items or things were independently
developed by Successful Respondent outside Successful Respondent's provision of services or
Work Product for Customer hereunder and were not created, prepared, developed, invented or
conceived by any Customer personnel who then became personnel to Successful Respondent or
any of its affiliates or subcontractors, where, although creation or reduction -to -practice is
completed while the person is affiliated with Successful Respondent or its personnel, any portion
of same was created, invented or conceived by such person while affiliated with Customer.
5.2 Ownership
As between Successful Respondent and Customer, the Work Product and Intellectual Property Rights
therein are and shall be owned exclusively by Customer, and not Successful Respondent. Successful
Respondent specifically agrees that the Work Product shall be considered "works made for hire" and that
the Work Product shall, upon creation, be owned exclusively by Customer. To the extent that the Work
Product, under applicable law, may not be considered works made for hire, Successful Respondent hereby
agrees that the Contract effectively transfers, grants, conveys, assigns, and relinquishes exclusively to
Customer all right, title, and interest in and to all ownership rights in the Work Product, and all
Intellectual Property Rights in the Work Product, without the necessity of any further consideration, and
Customer shall be entitled to obtain and hold in its own name all Intellectual Property Rights in and to the
Work Product. Successful Respondent acknowledges that Successful Respondent and Customer do not
intend Successful Respondent to be a joint author of the Work Product within the meaning of the
Copyright Act of 1976. Customer shall have access, during normal business hours (Monday through
Friday, 8AM to 5PM) and upon reasonable prior notice to Successful Respondent, to all Successful
Respondent materials, premises, and computer files containing the Work Product. Successful Respondent
and Customer, as appropriate, will cooperate with one another and execute such other documents as may
be reasonably appropriate to achieve the objectives herein. No license or other right is granted hereunder
to any Third Party IP, except as may be incorporated in the Work Product by Successful Respondent.
5.3 Further Actions
Successful Respondent, upon request and without further consideration, shall perform any acts that may
be deemed reasonably necessary or desirable by Customer to evidence more fully the transfer of
ownership and/or registration of all Intellectual Property Rights in all Work Product to Customer to the
fullest extent possible, including but not limited to the execution, acknowledgement and delivery of such
further documents in a form determined by Customer. In the event Customer shall be unable to obtain
Successful Respondent's signature due to the dissolution of Successful Respondent or Successful
Respondent's unreasonable failure to respond to Customer's repeated requests for such signature on any
document reasonably necessary for any purpose set forth in the foregoing sentence, Successful
Respondent hereby irrevocably designates and appoints Customer and its duly authorized officers and
agents as Successful Respondent's agent and Successful Respondent's attorney-in-fact to act for and in
Successful Respondent's behalf and stead to execute and file any such document and to do all other
lawfully permitted acts to further any such purpose with the same force and effect as if executed and
delivered by Successful Respondent, provided however that no such grant of right to Customer is
applicable if Successful Respondent fails to execute any document due to a good faith dispute by
Successful Respondent with respect to such document. It is understood that such power is coupled with an
interest and is therefore irrevocable. Customer shall have the full and sole power to prosecute such
applications and to take all other action concerning the Work Product, and Successful Respondent shall
Appendix A Standard Contract Terms and Conditions Page 11
<Rev December 2021>
cooperate, at Customer's sole expense, in the preparation and prosecution of all such applications and in
any legal actions and proceedings concerning the Work Product.
Successful Respondent hereby irrevocably and forever waives, and agrees never to assert, any Moral
Rights in or to the Work Product which Successful Respondent may now have or which may accrue to
Successful Respondent's benefit under U.S. or foreign copyright or other laws and any and all other
residual rights and benefits which arise under any other applicable law now in force or hereafter enacted.
Successful Respondent acknowledges the receipt of equitable compensation for its assignment and waiver
of such Moral Rights. The term "Moral Rights" shall mean any and all rights of paternity or integrity of
the Work Product and the right to object to any modification, translation or use of the Work Product, and
any similar rights existing under the judicial or statutory law of any country in the world or under any
treaty, regardless of whether or not such right is denominated or referred to as a moral right.
5.5 Confidentiality
All documents, information and materials forwarded to Successful Respondent by Customer for use in
and preparation of the Work Product shall be deemed the confidential information of Customer, and
subject to the license granted by Customer to Successful Respondent under Section 5.8 Successful
&npOndent License to Use. Hereunder, Successful Respondent shall not use, disclose, or permit any
person to use or obtain the Work Product, or any portion thereof, in any manner without the prior written
approval of Customer.
The Contract is intended to protect Customer's proprietary rights pertaining to the Work Product, and the
Intellectual Property Rights therein, and any misuse of such rights would cause substantial and irreparable
harm to Customer's business. Therefore, Successful Respondent acknowledges and stipulates that a court
of competent jurisdiction may immediately enjoin any material breach of the intellectual property, use,
and confidentiality provisions of the Contract, upon a request by Customer, without requiring proof of
irreparable injury as same should be presumed.
5.7 Return of Materials Pertaining to Work Product
Upon the request of Customer, but in any event upon termination or expiration of the Contract, or a
Statement of Work, Successful Respondent shall surrender to Customer all documents and things
pertaining to the Work Product, including but not limited to drafts, memoranda, notes, records, drawings,
manuals, computer software, reports, data, and all other documents or materials (and copies of same)
generated or developed by Successful Respondent or furnished by Customer to Successful Respondent,
including all materials embodying the Work Product, any Customer confidential information, or
Intellectual Property Rights in such Work Product, regardless of whether complete or incomplete. This
Section is intended to apply to all Work Product as well as to all documents and things furnished to
Successful Respondent by Customer or by anyone else that pertain to the Work Product.
Appendix A Standard Contract Terms and Conditions Page 12
<Rev December 2021>
Customer hereby grants to Successful Respondent a non -transferable, non-exclusive, royalty -free, fully
paid-up license to use any Work Product solely as necessary to provide the services to Customer. Except
as provided in this Section, neither Successful Respondent nor any Subcontractor shall have the right to
use the Work Product in connection with the provision of services to its other customers without the prior
written consent of Customer, which consent may be withheld in Customer's sole discretion.
A. To the extent that any Successful Respondent IP or Third Party IP are embodied or reflected in
the Work Product, or are necessary to provide the services, Successful Respondent hereby grants
to the Customer, or shall obtain from the applicable third party for Customer's benefit, the
irrevocable, perpetual, non-exclusive, worldwide, royalty -free right and license, for Customer's
internal business purposes only, to
i) use, execute, reproduce, display, perform, distribute copies of, and prepare derivative works
based upon such Successful Respondent IP or Third Party IP and any derivative works
thereof embodied in or delivered to Customer in conjunction with the Work Product, and
ii) authorize others to do any or all of the foregoing. Successful Respondent agrees to notify
Customer on delivery of the Work Product or services if such materials include any Third
Party IP.
B. On request, Successful Respondent shall provide Customer with documentation indicating a third
party's written approval for Successful Respondent to use any Third Party IP that may be
embodied or reflected in the Work Product.
5.10 Agreement rvith Third Party Providers
Successful Respondent agrees that it shall have written agreement(s) that are consistent with the
provisions hereof related to Work Product and Intellectual Property Rights with any Third Party
Providers, prior to their providing such services or Work Product pursuant to the Contract, and that
Successful Respondent shall maintain such written agreements at all times during performance of the
Contract, which are sufficient to support all performance and grants of rights by Successful Respondent.
Copies of such agreements shall be provided to the Customer promptly upon request.
5.11 License to Customer
Successful Respondent grants to Customer, at no additional charge, a world-wide, non-exclusive,
perpetual, irrevocable, royalty free right and license, solely for the Customer's internal business purposes,
to use, copy, modify, display, perform (by any means), transmit and prepare derivative works of any
Successful Respondent IP embodied in or delivered to Customer in conjunction with the Work Product.
The foregoing license includes the right to sublicense third parties, solely for the purpose of engaging
such third parties to assist or carryout Customer's internal business use of the Work Product. Except for
the preceding license, all rights in Successful Respondent IP remain in Successful Respondent.
Appendix A Standard Contract Terms and Conditions Page 13
<Rev December 2021>
5.12 Successful Respondent Development Rights
To the extent not inconsistent with Customer's rights in the Work Product or as set forth herein, nothing
in the Contract shall preclude Successful Respondent from developing for itself, or for others, materials
which are competitive with those produced as a result of the services provided hereunder, provided that
no Work Product is utilized, and no Intellectual Property Rights of Customer therein are infringed by such
competitive materials. To the extent that Successful Respondent wishes to use the Work Product, or
acquire licensed rights in certain Intellectual Property Rights of Customer therein in order to offer
competitive goods or services to third parties, Successful Respondent and Customer agree to negotiate in
good faith regarding an appropriate license and royalty agreement to allow for such.
A. Under Texas Government Code, Chapter 2054, Subchapter M, and DIR implementing rules,
DIR state agency and Institution of Higher Education Customers must procure EIR that
complies with the Accessibility Standards defined in the Texas Administrative Codes 1 TAC
206, 1 TAC 213, and in the Worldwide Web Consortium WCAG 2.0 AA technical standard as
applicable, and when such products or services are available in the commercial marketplace or
when such products are developed in response to procurement solicitations. Successful
Respondent hereby represents, certifies, and warrants that it and its products and services
comply with all relevant accessibility laws and standards.
i) Upon request, and prior to a DIR Customer purchase, Successful Respondent must provide
accurate Accessibility Conformance Reports (ACRS) created using the applicable sections
of the Voluntary Product Accessibility Template® (VPAT®) Revised Section 508 Edition
(Version 2.3 or higher) or links to ACRS located on manufacturer websites for Commercial
Off the Shelf (COTS) products, including Software as a Service (SaaS), for each product or
product family (as applicable) included in the submitted pricelist. Instructions on how to
complete this document are included in the template itself. ACRS based on earlier versions
of the VPAT® template will be accepted if such competed ACRS already exist, and there
have been no changes to the product/service since the time of the original document
completion.
ii) If Successful Respondent claims that a proposed product or family of products is exempt
from accessibility requirements, it must specify the product(s) as such in "Notes" located in
the product information section of the VPAT v.2.3 or higher, or as an additional note in the
product information section of older VPAT versions of the form, specifying each exempt
product or product family with a supporting statement(s) for this position.
iii) Upon request, and prior to a DIR customer purchase for IT development services,
Successful Respondent must provide a completed, current, accurate, Vendor Accessibility
Development Services Information Request (VADSIR) form for non -COTS offerings (such
as IT related development services, services that include user accessed, online components,
etc.) which documents Successful Respondent's capability or ability to produce accessible
electronic and information resources.
iv) Additionally, Successful Respondent must ensure that EIR Accessibility criteria are
integrated into key phases of the project development lifecycle including but not limited to
Appendix A Standard Contract Terms and Conditions Page 14
<Rev December 2021>
planning, design, development, functional testing, user acceptance testing, maintenance;
and report accessibility status at key project checkpoints as defined by DIR customers.
v) Upon request, and prior to a Customer purchase for COTS products, or IT development
services, Successful Respondent must provide a completed, current, accurate, Policy
Driven Adoption for Accessibility (PDAA) for Vendor Self -Assessment.
vi) Also upon request, Successful Respondent must provide additional documentation that
supports the information contained in the aforementioned completed forms. Examples may
include but are not limited to: executed accessibility test plans and results, corrective
actions plans, description of accessibility test tools, platforms, and methods, and prior
work.
B. Purchase of Commodity Items (Applicable to State Agency Purchases Only)
i) Texas Government Code, §2157.068 requires State agencies to buy commodity items, as
defined below, in accordance with contracts developed by DIR, unless the agency obtains
an exemption from DIR or a written certification that a commodity is not on DIR contract
(for the limited purpose of purchasing from a local government purchasing cooperative).
ii) Commodity items are commercially available software, hardware and technology services
that are generally available to businesses or the public and for which DIR determines that a
reasonable demand exists in two or more state agencies. Hardware is the physical
technology used to process, manage, store, transmit, receive or deliver information.
Software is the commercially available programs that operate hardware and includes all
supporting documentation, media on which the software may be contained or stored,
related materials, modifications, versions, upgrades, enhancements, updates or
replacements. Technology services are the services, functions and activities that facilitate
the design, implementation, creation, or use of software or hardware. Technology services
include seat management, staffing augmentation, training, maintenance and subscription
services. Technology services do not include telecommunications services. Seat
management is services through which a state agency transfers its responsibilities to a
vendor to manage its personal computing needs, including all necessary hardware, software
and technology services.
iii) Successful Respondent agrees to coordinate all State agency commodity item sales through
existing DIR contracts. Institutions of higher education are exempt from this Section.
7.1 Service, Sales and Support of the Contract
Successful Respondent shall provide service, sales, and support resources to serve all Customers. It is the
responsibility of Successful Respondent to sell, market, and promote products and services available
under the Contract. Successful Respondent shall use best efforts to ensure that potential Customers are
made aware of the existence of the Contract. All contracts for and sales to Customers for products and
services available under the Contract shall be in accordance with the Contract.
7.2 Internet Access to Contract and Pricing Information
A. Successful Respondent Webpage
Appendix A Standard Contract Terms and Conditions Page 15
<Rev December 2021>
Within thirty (30) calendar days from the Effective Date, Successful Respondent will establish and
maintain a webpage specific to the services awarded under the Contract that is clearly distinguishable
from other, non-DIR Contract offerings on Successful Respondent's website. Successful Respondent
must use a web hosting service that provides a dedicated internet protocol (IP) address. Successful
Respondent's website must have a Secure Sockets Layer (SSL) certificate and Customers must access
Successful Respondent's website using Hyper Text Transfer Protocol Secure (HTTPS) and it will encrypt
all communication between Customer browser and website. The webpage must include:
i) a list with description of products and/or services awarded;
ii) Successful Respondent contact information (name, telephone number and email address);
iii) instructions for obtaining quotes and placing Purchase Orders;
iv) the DIR Contract number with a hyperlink to the Contract's DIR webpage;
v) a link to the DIR "Cooperative Contracts" webpage;
vi) the DIR logo in accordance with the requirements of Section 7.9; and
vii) any other information that the Contract indicates is required to be included on the webpage.
B. If Successful Respondent does not meet the webpage requirements listed above, DIR may cancel
the Contract without penalty.
7.3 Accurate and Timely Contract Information
Successful Respondent warrants and represents that the website information specified in the above
paragraph will be accurately and completely posted, maintained, and displayed in an objective and timely
manner. Successful Respondent, at its own expense, shall correct any non -conforming or inaccurate
information posted at Successful Respondent's website within ten (10) business days after written
notification by DIR.
7.4 V4'ebpage Compliance Checks
Periodic Compliance Checks of the information posted for the Contract on Successful Respondent's
website will be conducted by DIR. Upon request by DIR, Successful Respondent shall provide verifiable
documentation that pricing listed upon this website is compliant with the pricing as stated in the Contract.
7.5 S'Vepae Changes
Successful Respondent hereby consents to a link from the DIR website to Successful Respondent's
website in order to facilitate access to Contract information. The establishment of the link is provided
solely for convenience in carrying out the business operations of the State. DIR reserves the right to
terminate or remove a link at any time, in its sole discretion, without advance notice, or to deny a future
request for a link. DIR will provide Successful Respondent with subsequent notice of link suspension,
termination or removal. Successful Respondent shall provide DIR with timely written notice of any
change in URL or other information needed to access the site and/or maintain the link.
Appendix A Standard Contract Terms and Conditions Page 16
<Rev December 2021>
If Successful Respondent stores, collects, or maintains data electronically as a condition of accessing
Contract information, such data shall only be used internally by Successful Respondent for the purpose of
implementing or marketing the Contract, and shall not be disseminated to third parties or used for other
marketing purposes. The Contract constitutes a public document under the laws of the State and
Successful Respondent shall not restrict access to Contract terms and conditions including pricing, i.e.,
through use of restrictive technology or passwords.
7.7 Responsibility for Content
Successful Respondent is solely responsible for administration, content, intellectual property rights, and
all materials at Successful Respondent's website. DIR reserves the right to require a change of listed
content if, in the opinion of DIR, it does not adequately represent the Contract.
Successful Respondent will adhere to Successful Respondent's then -currently published policies
concerning product and service warranties and returns. Such policies for Customers will not be more
restrictive or more costly than warranty and return policies for other similarly situated customers for like
products and services.
7.9 DIR and Customer Logos
Successful Respondent may use a Customer's logo only upon prior written approval of such Customer.
Successful Respondent may use the DIR logo in the promotion of the Contract to Customers with the
following stipulations:
A. the logo may not be modified in any way,
B. when displayed, the size of the DIR logo must be equal to or smaller than Successful
Respondent's logo,
C. the DIR logo is only used to communicate the availability of services under the Contract to
Customers, and
D. any other use of the DIR logo requires prior written permission from DIR.
7.10 Successful Respondent Logo
If DIR receives Successful Respondent's prior written approval, DIR may use Successful Respondent's
name and logo in the promotion of the Contract to communicate the availability of services under the
Contract to Customers. Use of the logo may be on the DIR website or on printed materials. Any use of
Successful Respondent's logo by DIR must comply with and be solely related to the purposes of the
Contract and any usage guidelines communicated to DIR from time to time. Nothing contained in the
Contract will give DIR any right, title, or interest in or to Successful Respondent's trademarks or the
goodwill associated therewith, except for the limited usage rights expressly provided by Successful
Respondent.
7.11 Trade Show Participation
At DIR's discretion, Successful Respondent may be required to participate in no more than two (2) DIR
sponsored trade shows each calendar year. Successful Respondent understands and agrees that
participation, at Successful Respondent's expense, includes providing a manned booth display or similar
presence. DIR will provide four (4) months advance notice of any required participation. Successful
Respondent must display the DIR logo at all trade shows that potential Customers will attend. DIR
Appendix A Standard Contract Terms and Conditions Page 17
<Rev December 2021>
reserves the right to approve or disapprove of the location or the use of the DIR logo in or on Successful
Respondent's booth.
Within thirty (30) calendar days from execution of the Contract, Successful Respondent will be required
to attend an orientation meeting to discuss the content and procedures of the Contract to include
administrative requirements for reporting and administrative fee payments. The meeting will be held in
the Austin, Texas area at a date and time mutually acceptable to DIR and Successful Respondent or by
teleconference, at DIR's discretion. DIR shall bear no cost for the time and travel of Successful
Respondent for attendance at the meeting.
Successful Respondent shall attend periodic meetings to review Successful Respondent's performance
under the Contract at DIR's request. The meetings will be held in the Austin, Texas area at a date and
time mutually acceptable to DIR and Successful Respondent or by teleconference, at DIR's discretion.
DIR shall bear no cost for the time and travel of Successful Respondent for attendance at the meeting.
As part of the performance measures reported to state leadership, DIR must provide the cost avoidance
the State has achieved through the Contract. Upon request by DIR, Successful Respondent shall provide
DIR with a detailed report of a representative sample of products or services sold under the Contract. The
report shall contain: product or service description, list price, price to Customer under the Contract, and
pricing from three (3) alternative sources under which DIR Customers can procure the products or
services.
8.1 Purchase Orders
All Customer Purchase Orders will be placed directly with Successful Respondent. Accurate Purchase
Orders shall be effective and binding upon Successful Respondent when accepted by Successful
Respondent.
8.2 Invoices
A. Invoices shall be submitted by Successful Respondent directly to Customer and shall be issued in
compliance with Chapter 2251, Texas Government Code. All payments for services purchased
under the Contract and any provision of acceptance of such services shall be made by the
Customer to Successful Respondent. For Customers that are not subject to Chapter 2251, Texas
Government Code, Customer and Successful Respondent will agree to acceptable terms.
B. Invoices must be timely and accurate. Each invoice must match Customer's Purchase Order and
include any written changes that may apply, as it relates to services, prices, and quantities.
Invoices must include the Customer's Purchase Order number or other pertinent information for
verification of receipt of the products and services by the Customer.
C. The DIR Administrative Fee shall not be broken out as a separate line item when pricing or
invoice is provided to Customer.
Appendix A Standard Contract Terms and Conditions Page 18
<Rev December 2021>
Customers shall comply with Chapter 2251, Texas Government Code, in making payments to Successful
Respondent. The statute states that payments for goods and services are due thirty (30) calendar days after
the goods are provided, the services completed, or a correct invoice is received, whichever is later.
Payment under the Contract shall not foreclose the right to recover wrongful payments. For Customers
that are not subject to Chapter 2251, Texas Government Code, Customer and Successful Respondent will
agree to acceptable terms.
As per Section 151.309, Texas Tax Code, Customers under the Contract are exempt from the assessment
of State sales, use and excise taxes. Further, Customers under the Contract are exempt from Federal
Excise Taxes, 26 United States Code Sections 4253(i) and 0). Customers shall provide evidence of tax-
exempt status to Successful Respondent upon request.
Pricing for services provided under the Contract are exclusive of any travel expenses that may be incurred
in the performance of those services. Travel expense reimbursement may include personal vehicle
mileage or commercial coach transportation, hotel accommodations, parking and meals; provided,
however, the amount of reimbursement by Customers shall not exceed the amounts authorized for state
employees as adopted by each Customer; and provided, further, that all reimbursement rates shall not
exceed the maximum rates established for state employees under the current State Travel Management
Program (httl?s,//coml)troller.texas ov/�wu,,r„chasm�rr/I,)ro�rams/travel-manalaeniei t/). Travel time may not
be included as part of the amounts payable by Customer for any services rendered under the Contract. The
DIR Administrative Fee is not applicable to travel expense reimbursement. Anticipated travel expenses
must be pre -approved in writing by Customer. Customer reserves the right not to pay travel expenses
which are not pre -approved in writing by the Customer.
1WR 130 1 NI KI N�• •
9.1 Contract Managers
DIR and Successful Respondent will each provide a contract manager ("Contract Manager") to support
the Contract (respectively, the "DIR Contract Manager" and "Successful Respondent Contract
Manager"). Information regarding each Contract Manager will be posted on the internet website
designated for the Contract. DIR reserves the right to require a change in Successful Respondent Contract
Manager if Successful Respondent Contract Manager is not, in the sole opinion of DIR, adequately
serving the needs of the State.
9.1.1 DIR Contract Manager
The DIR Contract Manager's duties include but are not limited to:
A. monitoring compliance and management of the Contract,
B. advising DIR of Successful Respondent's performance under the Contract, and
C. periodic verification of pricing and monthly reports submitted by Successful Respondent.
9.1.2 Successful Respondent Contract Manager
Successful Respondent Contract Manager's duties shall include but are not limited to:
Appendix A Standard Contract Terms and Conditions Page 19
<Rev December 2021>
A. supporting the marketing and management of the Contract,
B. facilitating dispute resolution between Successful Respondent and Customers, and
C. advising DIR of Successful Respondent's performance under the Contract.
9.2 Reporting and Administrative Fees
9.2.1 Reporting Responsibility
A. Each month, Successful Respondent shall report all products and services purchased under the
Contract. Successful Respondent shall file monthly reports to include monthly sales reports,
subcontract reports, and pay the DIR Administrative Fees in accordance with the due dates
specified in this Section.
B. DIR shall have the right to verify required reports and to take any actions necessary to enforce its
rights under this Section, including but not limited to, Compliance Checks of Successful
Respondent's applicable Contract books. Successful Respondent will provide all required
documentation at no cost.
A. Using the Vendor Sales Report (VSR) portal, Successful Respondent shall provide DIR with a
monthly report in the format required by DIR detailing sales activity under the Contract for the
previous month period. This included months in which there are no sales. Reports may be
submitted between the first (1st) and the fifteenth (15th) of each month and are due no later than
the fifteenth (15th) calendar day of the month following the month of the sale. If the 15th
calendar day falls on a weekend or state or federal holiday, the report shall be due on the next
business day. Per transaction, the monthly report shall include, at a minimum,: the detailed sales
for the period, Customer name, invoice date, invoice number, description, quantity, MSRP or List
Price, unit price, extended price, Customer Purchase Order number, contact name, Customer's
complete billing address, the estimated DIR Administrative Fee for the reporting period,
subcontractor name, EPEAT designation (if applicable), configuration (if applicable), contract
discount percentage, actual discount percentage, negotiated contract price (if fixed price is offered
instead of discount off of MSRP), and other information as required by DIR. Each report must
contain all information listed above per transaction or the report will be rejected and returned to
Successful Respondent for correction in accordance with this Section.
B. Successful Respondent shall report in a manner required by DIR which is subject to change
dependent upon DIR's business needs. Failure to do so may result in Contract termination.
9.2.3 Historically Underutilized Businesses Subcontract Reports
A. Successful Respondent shall electronically provide each Customer with their relevant Historically
Underutilized Business Subcontracting Report, pursuant to the Contract, as required by Chapter
2161, Texas Government Code. Reports shall also be submitted to DIR.
B. Reports shall be due in accordance with the CPA rules.
Appendix A Standard Contract Terms and Conditions Page 20
<Rev December 2021>
9.2.4 DIR Administrative Fce
A. The DIR Administrative Fee shall be paid by Successful Respondent to DIR to defray the DIR
costs of negotiating, executing, and administering the Contract. The maximum administrative fee
is set by the Texas Legislature in the biennial General Appropriations Act. DIR will review
monthly sales reports, close the sales period, and notify Successful Respondent of the amount of
the DIR Administrative Fee no later than the fourteenth (14th) calendar day of the month
following the date of the reported sale. Successful Respondent shall pay the amount of the DIR
Administrative Fee by the twenty-fifth (25th) calendar day of the second month following the
date of the reported sale. For example, Successful Respondent reports January sales no later than
February 15th; DIR closes January sales and notifies Successful Respondent of the amount of the
DIR Administrative Fee by March 14th; Successful Respondent submits payment of the DIR
Administrative Fee for January sales by March 25th.
B. DIR may change the amount of the DIR Administrative Fee upon thirty (30) calendar days
written notice to Successful Respondent without the need for an amendment to the Contract.
C. To preserve the DIR Administrative Fee in place at the time of the sale of product or service, the
calculation of the DIR Administrative Fee is based on the Purchase Order date for each sale.
D. Successful Respondent shall reference the Contract number, reporting period, and DIR
Administrative Fee amount on any remittance instruments.
A. Successful Respondent shall submit reports and DIR Administrative Fee payments accurately and
timely in accordance with the due dates specified in this Section. Successful Respondent shall
correct any inaccurate reports or DIR Administrative Fee payments within three (3) business days
upon written notification by DIR. Successful Respondent shall deliver any late reports or late
DIR Administrative Fee payments within three (3) business days upon written notification by
DIR. If Successful Respondent is unable to correct inaccurate reports or DIR Administrative Fee
payments or deliver late reports and DIR Administrative Fee payments within three (3) business
days, Successful Respondent shall contact DIR and provide a corrective plan of action, including
the timeline for completion of correction. The corrective plan of action shall be subject to DIR
approval.
B. Should Successful Respondent fail to correct inaccurate reports or cure the delay in timely and
accurate delivery of reports and payments within the corrective plan of action timeline, DIR
reserves the right at DIR's expense to require an independent third -party audit of Successful
Respondent's records as specified in Section 9.3 Records and Audit. DIR will select the auditor
(and all payments to auditor will require DIR approval).
C. Failure to timely submit three (3) reports or DIR Administrative Fee payments within any rolling
twelve (12) month period may, at DIR's discretion, result in the addition of late fees of $100/day
for each day the report or payment is due (up to $1000/month) or suspension or termination of
Successful Respondent's Contract.
Appendix A Standard Contract Terms and Conditions Page 21
<Rev December 2021>
091092���
A. Acceptance of funds under the Contract by Successful Respondent acts as acceptance of the
authority of the State Auditor's Office, or any successor agency, to conduct an audit or
investigation in connection with those funds. Successful Respondent further agrees to cooperate
fully with the State Auditor's Office or its successor in the conduct of the audit or investigation,
including providing all records requested. Successful Respondent shall ensure that this clause
concerning the authority to audit funds received indirectly by subcontractors through Successful
Respondent and the requirement to cooperate is included in any subcontract it awards pertaining
to the Contract. Under the direction of the Legislative Audit Committee, a vendor that is the
subject of an audit or investigation by the State Auditor's Office must provide the State Auditor's
Office with access to any information the State Auditor's Office considers relevant to the
investigation or audit.
B. Successful Respondent shall maintain adequate records to establish compliance with the Contract
until the later of a period of seven (7) years after termination of the Contract or until full, final
and unappealable resolution of all Compliance Check or litigation issues that arise under the
Contract, whichever is later. Such records shall include per transaction: Customer name, invoice
date, invoice number, description, quantity, MSRP or List Price, unit price, extended price,
Customer Purchase Order number, contact name, Customer's complete billing address, the
calculations supporting each administrative fee owed DIR under the Contract, Historically
Underutilized Businesses Subcontracting reports, and such other documentation as DIR may
request.
Successful Respondent shall grant access to all paper and electronic records, books, documents
accounting procedures, practices, customer records including but not limited to contracts,
agreements, purchase orders and statements of work, and any other items relevant to the
performance of the Contract to the DIR Internal Audit department or DIR Contract Managerne
staff, including the Compliance Checks designated by the DIR Internal Audit department, DIR
Contract Management staff, the State Auditor's Office, and of the United States, and such othe
persons or entities designated by DIR for the purposes of inspecting, Compliance Checking,
and/or copying such books and records.
D. Successful Respondent shall provide copies and printouts requested by DIR without charge. D
shall use best efforts to provide Successful Respondent ten (10) business days' notice prior to
inspecting, Compliance Checking, and/or copying Successful Respondent's records. Successfu
Respondent's records, whether paper or electronic, shall be made available during regular offic
hours. Successful Respondent personnel familiar with Successful Respondent's books and
records shall be available to the DIR Internal Audit department, or DIR Contract Management
staff and designees as needed. Successful Respondent shall provide adequate office space to D
staff during the performance of Compliance Check. If Successful Respondent is found to be
responsible for inaccurate reports, DIR may invoice for the reasonable costs of the audit, whic
Successful Respondent must pay within thirty (30) calendar days of receipt. I
Appendix A Standard Contract Terms and Conditions Page 22
<Rev December 2021>
E. For procuring State Agencies whose payments are processed by the CPA, the volume of
payments made to Successful Respondent through the CPA and the administrative fee based
thereon shall be presumed correct unless Successful Respondent can demonstrate to DIR's
satisfaction that Successful Respondent's calculation of DIR's administrative fee is correct.
9.4 Contract Administration Notification
A. Prior to execution of the Contract, Successful Respondent shall provide DIR with written
notification of the following:
i) Successful Respondent Contract Manager's name and contact information,
ii) Successful Respondent sales representative name and contact information, and
iii) name and contact information of Successful Respondent personnel responsible for
submitting reports and payment of DIR Administrative Fees.
B. Upon execution of the Contract, DIR shall provide Successful Respondent with written
notification of the DIR Contract Manager's name and contact information.
"INIIJ5511I
1
10.1.1 Indemnities by Successful espondeiit
A. Successful Respondent shall defend, indemnify, and hold harmless DIR, the State of Texas, and
Customers, AND/OR THEIR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES,
REPRESENTATIVES, CONTRACTORS, SUCCESSORS, ASSIGNEES, AND/OR
DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR
SUITS, AND ALL RELATED COSTS, ATTORNEY FEES, AND EXPENSES arising out of,
resulting from, or related to:
i) any acts or omissions of Successful Respondent, its employees, or Third Party Providers in
or in connection with the execution or performance of the Contract and any Purchase
Orders issued under the Contract;
ii) any and all third party claims involving infringement of United States patents, copyrights,
trade and service marks, and any other intellectual or intangible property rights (an
"Infringement") in or in connection with the execution or performance of the Contract and
any Purchase Orders issued under the Contract;
iii) any breach, disclosure, or exposure of data or information of or regarding DIR or any
Customer that is provided to or obtained by Successful Respondent in connection with the
Contract, including DIR data, Customer data, confidential information of DIR or Customer,
any personal identifying information, or any other protected or regulated data by Successful
Respondent, its employees, representatives, agents, or subcontractors in or in connection
with the execution or performance of the Contract and any Purchase Orders issued under
the Contract; and
iv) tax liability, unemployment insurance or workers' compensation or expectations of benefits
by Successful Respondent, its employees, representatives, agents, or subcontractors in or in
connection with the execution or performance of the Contract and any Purchase Orders
issued under the Contract.
B. THE DEFENSE SHALL BE COORDINATED BY SUCCESSFUL RESPONDENT WITH THE
OFFICE OF THE ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED
Appendix A Standard Contract Terms and Conditions Page 23
<Rev December 2021>
DEFENDANTS IN ANY LAWSUIT AND SUCCESSFUL RESPONDENT MAY NOT AGREE
TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM
THE OFFICE OF THE ATTORNEY GENERAL. FOR NON -STATE AGENCY CUSTOMERS,
THE DEFENSE SHALL BE COORDINATED BY CUSTOMER'S LEGAL COUNSEL.
SUCCESSFUL RESPONDENT AND THE CUSTOMER AGREE TO FURNISH TIMELY
WRITTEN NOTICE TO EACH OTHER AND TO DIR OF ANY SUCH CLAIM.
10. 1.2 Infringements
If Successful Respondent becomes aware of an actual or potential claim of an Infringement, or Customer
provides Successful Respondent with notice of an actual or potential claim of an Infringement, Successful
Respondent may (or in the case of an injunction against Customer, shall), at Successful Respondent's sole
expense: (i) procure for Customer the right to continue to use the affected portion of the product or
service, or (ii) modify or replace the affected portion of the product or service with functionally
equivalent or superior product or service so that Customer's use is non -infringing.
10.2 Property Damage
IN THE EVENT OF LOSS, DAMAGE, OR DESTRUCTION OF ANY PROPERTY OF CUSTOMER
OR THE STATE DUE TO THE NEGLIGENCE, MISCONDUCT, WRONGFUL ACT OR OMISSION
ON THE PART OF SUCCESSFUL RESPONDENT, ITS EMPLOYEES, AGENTS,
REPRESENTATIVES, OR SUBCONTRACTORS, SUCCESSFUL RESPONDENT SHALL PAY THE
FULL COST OF EITHER REPAIR, RECONSTRUCTION, OR REPLACEMENT OF THE
PROPERTY, AT THE CUSTOMER'S SOLE ELECTION. SUCH COST SHALL BE DETERMINED
BY THE CUSTOMER AND SHALL BE DUE AND PAYABLE BY SUCCESSFUL RESPONDENT
NINETY (90) CALENDAR DAYS AFTER THE DATE OF SUCCESSFUL RESPONDENT'S
RECEIPT FROM THE CUSTOMER OF A WRITTEN NOTICE OF THE AMOUNT DUE.
10.3 Taxes/Worker's Compensation/Unemployment Insurance
Successful Respondent agrees and acknowledges that during the existence of the Contract, Successful
Respondent shall be entirely responsible for the liability and payment of Successful Respondent's and its
employees' taxes of whatever kind, arising out of the performances in the Contract. Successful
Respondent agrees to comply with all state and federal laws applicable to any such persons, including
laws regarding wages, taxes, insurance, and workers' compensation. Successful Respondent agrees and
acknowledges that Successful Respondent and its employees, representatives, agents, and subcontractors
shall not be entitled to any state benefit or benefit of another governmental entity Customer. Customer,
DIR, and/or the State shall not be liable to Successful Respondent, its employees, agents, or others for the
payment of taxes or the provision of unemployment insurance and/or workers' compensation or any
benefit available to a state employee or employee of another governmental entity Customer.
Appendix A Standard Contract Terms and Conditions Page 24
<Rev December 2021>
A. Successful Respondent represents and warrants that, in accordance with Section 2155.005, Texas
Government Code, neither Successful Respondent nor the firm, corporation, partnership, or
institution represented by Successful Respondent, or anyone acting for such a firm, corporation or
institution has (1) violated any provision of the Texas Free Enterprise and Antitrust Act of 1983,
Chapter 15 of the Texas Business and Commerce Code, or the federal antitrust laws, or (2)
communicated directly or indirectly the contents of this Response to any competitor or any other
person engaged in the same line of business as Successful Respondent.
B. Successful Respondent hereby certifies, represents, and warrants, on behalf of Successful
Respondent that:
i) it has not given, offered to give, and do not intend to give at any time hereafter any
Appendix A Standard Contract Terms and Conditions Page 25
<Rev December 2021>
x) all equipment and materials to be used in fulfilling the requirements of the Contract are of
high-quality and consistent with or better than applicable industry standards, if any. All
works and services performed pursuant to the Contract shall be of high professional quality
and workmanship and according consistent with or better than applicable industry
standards, if any;
xi) tote extent Successful Respondent owes any debt including, but not limited to, delinquent
taxes, delinquent student loans, and child support owed to the State of Texas, any payments
or other amounts Successful Respondent is otherwise owed under the Contract may be
applied toward any debt Successful Respondent owes the State of Texas until the debt is
paid in full;
xii) it is in compliance Section 669.003, Texas Government Code, relating to contracting with
executive head of a state agency;
xiii) the provision of goods and services or other performance under the Contract will not
constitute an actual or potential conflict of interest and certify that Successful Respondent
will not reasonably create the appearance of impropriety, and, if these facts change during
the course of the Contract, certify Successful Respondent shall disclose the actual or
potential conflict of interest and any circumstances that create the appearance of
impropriety;
xiv) under Section 2155.006 and Section 2261.053, Texas Government Code, it is not ineligible
to receive the Contract and acknowledges that the Contract may be terminated and payment
withheld if this certification is inaccurate-,
xv) it has complied with the Section 556.0055, Texas Government Code, restriction on
lobbying expenditures. In addition, Successful Respondent acknowledges the applicability
of Section 2155.444 and Section 2155.444 1, Texas Government Code, in fulfilling the
terms of the Contract;
xvi) Customer's payment and their receipt of appropriated or other funds under this Agreemen),
are not prohibited by Section 556.005 or Section 556.008, Texas Government Code;
xvii) in accordance with Section 2271.002, Texas Government Code, by signature hereon,
Successful Respondent does not boycott Israel and will not boycott Israel during the term
of the Contract;
xviii) in accordance with Section 2155.0061, Texas Government Code, the individual or busine
entity named in the Contract is not ineligible to receive the Contract and acknowledges t
the Contract may be terminated and payment withheld if this certification is inaccurate;
xix) in accordance with Section 2252.152, Texas Government Code, it is not identified on a I'
prepared and maintained under Section 2270.0201 (previously 806.05 1) or Section
2252.153, Texas Government Code;
xx) if Successful Respondent is required to make a verification pursuant to Section 2274.002,
Texas Government Code, Successful Respondent verifies that it does not boycott energy
companies and will not boycott energy companies during the term of the Contract;
xxi) if Successful Respondent is required to make a verification pursuant to Section 2274.002 ,
Texas Government Code, Successful Respondent verifies that it (A) does not have a
practice, policy, guidance, or directive that discriminates against a firearm entity or firea
trade association and (B) will not discriminate during the tenn of the contract against a
firearm entity or firearm trade association-,
Appendix A Standard Contract Terms and Conditions Page 26
<Rev December 2021>
xxii) under Section 161.0085, Texas Health and Safety Code, Successful Respondent is not
ineligible to receive the Contract;
101.
RAMP,- and
xxv) all information provided by Successful Respondent is current, accurate, and complete.
C. During the to oft e Contract, Successful Respondent shall promptly disclose to DIR all
changes that occur to the foregoing certifications, representations, and warranties. Successful
Respondent covenants to fully cooperate in the development and execution of resulting
documentation necessary to maintain an accurate record of the certifications, representations, and
warranties and any changes thereto.
D. In addition, Successful Respondent understands and agrees that if Successful Respondent
responds to certain Customer pricing requests, then, in order to contract with the Customer,
Successful Respondent may be required to comply with additional terms and conditions or
certifications that an individual customer may require due to state and federal law (e.g., privacy
and security requirements).
10.5 Ability to Conduct Business in Texas
and shall be authorized to do business in the State of Texas in accordance with Texas Business
Organization Code, Title 1, Chapter 9. Upon request by DIR, Successful Respondent shall provide all
Appendix A Standard Contract Terms and Conditions Page 27
<Rev December 2021>
documents and other information necessary to establish Successful Respondent's authorization to do
business in the State of Texas and the validity of Successful Respondent's existence under the laws of its
state of organization.
10.6 Equal Opportunity Compliance
Successful Respondent agrees to abide by all applicable laws, regulations, and executive orders pertaining
to equal employment opportunity, including federal laws and the laws of the State of Texas in which its
primary place of business is located. In accordance with such laws, regulations, and executive orders,
Successful Respondent agrees that no person in the United States shall, on the grounds of race, color,
religion, national origin, sex, age, veteran status or handicap, be excluded from employment with or
participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program
or activity performed by Successful Respondent under the Contract. If Successful Respondent is found to
be not in compliance with these requirements during the term of the Contract, Successful Respondent
agrees to take appropriate steps to correct these deficiencies. Upon request, Successful Respondent will
furnish information regarding its nondiscriminatory hiring and promotion policies, as well as specific
information on the composition of its principals and staff, including the identification of minorities and
women in management or other positions with discretionary or decision-making authority.
10.7 Use of Subcontractors
If Successful Respondent uses any subcontractors in the performance of the Contract, Successful
Respondent must make a good faith effort in the submission of its HUB Subcontracting Plan (HSP) in
accordance with the State's Policy on Utilization of Historically Underutilized Businesses (HUB). A
revised HSP approved by DIR's HUB Office shall be required before Successful Respondent can engage
additional subcontractors in the performance of the Contract. A revised HSP approved by DIR's HUB
Office shall be required before Successful Respondent can remove subcontractors currently engaged in
the performance of the Contract. Successful Respondent shall remain solely responsible for the
performance of its obligations under the Contract.
10.8 Responsibility for Actions
A. Successful Respondent is solely responsible for its actions and those of its agents, employees, or
subcontractors, and agrees that neither Successful Respondent nor any of the foregoing has any
authority to act or speak on behalf of DIR or the State.
B. Successful Respondent, for itself and on behalf of its subcontractors, shall report to the DIR
Contract Manager within five (5) business days any change to the information contained in the
Certification Statement of Exhibit A of the RFO or Section 10.4, Successful ResVopdent
Certifications of this Appendix A to the Contract. Successful Respondent covenants to fully
cooperate with DIR to update and amend the Contract to accurately disclose employment of
current or former State employees and their relatives and/or the status of conflicts of interest.
10.9 Confidentiality
A. Successful Respondent acknowledges that DIR and Customers that are governmental bodies as
defined by Section 552.003, Texas Government Code, are subject to the Texas Public Information
Act. Successful Respondent also acknowledges that DIR and Customers that are state agencies
will comply with the Public Information Act, and with all opinions of the Texas Attorney
General's office concerning this Act.
Appendix A Standard Contract Terms and Conditions Page 28
<Rev December 2021>
B. Under the terms of the Contract, DIR may provide Successful Respondent with information
related to Customers. Successful Respondent shall not re -sell or otherwise distribute or release
Customer information to any party in any manner.
10. 10 Security of Premises, Equipment, Data and Persouns
A. Successful Respondent or Third -Party Providers may, from time to time during the performance
of the Contract, have access to the personnel, premises, equipment, and other property, including
data, information, files, and materials belonging to a Customer. Successful Respondent and
Third -Party Providers shall preserve the safety, security, and the integrity of such personnel,
premises, equipment, and other property, including data, information, files, and materials
belonging to Customer, in accordance with the instruction of Customer and to the degree in
which Successful Respondent or such Third -Party Provider protects its own information.
Successful Respondent shall be responsible for damage to Customer's equipment, workplace,
and its contents when such damage is caused by Successful Respondent or a Third -Party
Provider. If Successful Respondent or Third -Party Provider fails to comply with Customer's
security requirements, then Customer may immediately terminate the Purchase Order and related
Service Agreement.
B. If a Purchase Order is subject to Section 2054.138, Texas Government Code, Successful
Respondent shall meet the security controls required by such Purchase Order, and shall
periodically provide to the Customer evidence that Successful Respondent meets such required
security controls.
10.1 1 Background and/or Criminal History Investigation
Prior to commencement of any services, background and/or criminal history investigation of Successful
Respondent's employees and Third -Party Providers who will be providing services to the Customer under
the Contract may be performed by the Customer or the Customer may require that Successful Respondent
conduct such background checks. Should any employee or Third -Party Provider of Successful
Respondent who will be providing services to the Customer under the Contract not be acceptable to the
Customer as a result of the background and/or criminal history check, then Customer may immediately
terminate its Purchase Order and related Service Agreement or request replacement of the employee or
Third -Party Provider in question.
10.12 Limitation of Liability
A. For any claim or cause of action arising under or related to the Contract, to the extent permitted
by the Constitution and the laws of the State, none of the parties shall be liable to the other for
punitive, special, or consequential damages, even if it is advised of the possibility of such
damages.
B. Successful Respondent and a Customer may include in a Purchase Order a term limiting
Successful Respondent's liability for damages in any claim or cause of action arising under or
related to such Purchase Order; provided that any such term may not limit Successful
Respondent's liability below two-times the total value of the Purchase Order. Such value includes
all amounts paid and amounts to be paid over the life of the Purchase Order to Successful
Respondent by such Customer as described in the Purchase Order.
C. Notwithstanding the foregoing or anything to the contrary herein, any limitation of Successful
Respondent's liability contained herein or in a Purchase Order shall not apply to: claims of bodily
Appendix A Standard Contract Terms and Conditions Page 29
<Rev December 2021>
or Federal law including but not limited to disclosures of confidential information and any
penalty of any kind lawfully assessed as a result of such violation.
W��'o ociated with the
Contract which arise under the antitrust laws of the United States, 15 U.S.C.A. Section 1, et seq., and
u,hich arise under the antitrust laws of the State of Texas, Tex. Bus. and Comm. Code Section 15.01, et
seq.
10.14 Prohibited Conduct
Successful Respondent represents and warrants that, to the best of its knowledge as of the date of this
certification, neither Successful Respondent nor any subcontractor, firm, corporation, partnership, or
institution represented by Successful Respondent, nor anyone acting for Successful Respondent or such
subcontractor, firm, corporation or institution has: (1) violated the antitrust laws of the State of Texas
under Texas Business & Commerce Code, Chapter 15, or the federal antitrust laws; or (2) communicated
its response to the R -FO directly or indirectly to any competitor or any other person engaged in such line
of business during the procurement for the Contract.
MEN=
A. As a condition of the Contract, Successful Respondent shall provide the listed insurance coverage
within five (5) business days of execution of the Contract if Successful Respondent is awarded
services which require that Successful Respondent's employees perform work at any Customer
premises or use vehicles to conduct work on behalf of Customers. In addition, when engaged by a
Customer to provide services on Customer premises, Successful Respondent shall, at its own
expense, secure and maintain the insurance coverage specified herein, and shall provide proof of
such insurance coverage to such Customer within five (5) business days following the execution
of the Purchase Order. Successful Respondent may not begin performance under the Contract
and/or a Purchase Order until such proof of insurance coverage is provided to, and approved by,
DIR and the Customer. If Successful Respondent's services under the Contract will not require
Successful Respondent to perform work on Customer premises, or to use vehicles (whether
owned or otherwise) to conduct work on behalf of Customers, Successful Respondent may certify
to the foregoing facts, and agree to provide notice and the required insurance if the foregoing
facts change. The certification and agreement must be provided by executing the Certification of
Off -Premise Customer Services in the form provided by DIR, which shall serve to meet the
insurance requirements.
B. All required insurance must be issued by companies that have an A rating and a minimum
Financial Size Category Class of VII from AM Best, and are licensed in the State of Texas and
authorized to provide the corresponding coverage. The Customer and DIR will be named as
additional insureds on all required coverage. Required coverage must remain in effect through the
term of the Contract and each Purchase Order issued to Successful Respondent thereunder. The
Appendix A Standard Contract Terms and Conditions Page 30
<Rev December 2021>
10. 15.1 Commercial General Liability
Commercial General Liability must include $1,000,000.00 per occurrence for Bodily Injury and Property
Damage with a separate aggregate limit of $2,000,000.00; Medical Expenses per person of $5,000.00;
Personal Injury and Advertising Liability of $1,000,000.00; Products/Completed Operations aggregate
Limit of $2,000,000.00 and Damage to Premises Rented: $50,000.00. Agencies may require additional
Umbrella/Excess Liability insurance. The policy shall contain the following provisions:
A. Blanket contractual liability coverage for liability assumed under the Contract;
B. Independent Contractor coverage;
C. State of Texas, DIR, and Customer listed as an additional insured; and
D. Waiver of Subrogation.
10. 15.2 Workers' Compensation Insurance
Workers' Compensation Insurance and Employers' Liability coverage must include limits consistent with
statutory benefits outlined in the Texas Workers' Compensation Act (Title 5, Subtitle A, Texas Labor
Code) and minimum policy limits for Employers' Liability of $1,000,000 per accident, $1,000,000
disease PER EMPLOYEE and $1,000,000 per disease POLICY LIMIT.
10. 15.3 Business Automobile Liability Insurance
Business Automobile Liability Insurance must cover all owned, non -owned, and hired vehicles with a
minimum combined single limit of $500,000 per occurrence for bodily injury and property damage. The
policy shall contain the following endorsements in favor of DIR and/or Customer:
A. Waiver of subrogation;
B. Additional insured.
Successful Respondent is prohibited from using a Customer's equipment, location, or any other resources
of a Customer, DIR, or the State of Texas for any purpose other than performing services under this
Agreement. For this purpose, equipment includes, but is not limited to, copy machines, computers and
telephones using State of Texas long distance services. Any charges incurred by Successful Respondent
using a Customer's equipment for any purpose other than performing services under this Agreement must
be fully reimbursed by Successful Respondent to such Customer immediately upon demand by such
Customer. Such use shall constitute breach of contract and may result in termination of the Contract, the
Purchase Order, and other remedies available to DIR and Customer under the Contract and applicable
law.
10.17 Immigration
A. Successful Respondent shall comply with all requirements related to federal immigration laws
and regulations, to include but not be limited to, the Immigration and Reform Act of 1986, the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRIRA") and the
Immigration Act of 1990 (8 U.S.C. 1101, et seq.) regarding employment verification and retention
of verification forms for any individual(s) who will perform any labor or services under the
Contract.
B. Pursuant to Chapter 673, Texas Government Code, Successful Respondent shall, as a condition of
the Contract, also comply with the United States Department of Homeland Security's E -Verify
system to determine the eligibility of-
Appendix
£
Appendix A Standard Contract Terms and Conditions Page 31
<Rev December 2021>
i) all persons 1) to whom the E -Verify system applies, and 2) who are hired by Successfir
Respondent during the term of the Contract to perform duties within Texas; and
ii) all subcontractors' emM loyees 1) to whom the E -Verify system applies, and 2) who are
hired by the subcontractor during the term of the Contract and assigned by the
subcontractor to perform work pursuant to the Contract.
C. Successful Respondent shall require its subcontractors to comply with the requirements of thi
Section and Successful Respondent is responsible for the compliance of its subcontractors.
Nothing herein is intended to exclude compliance by Successful Respondent and its
subcontractors with all other relevant federal immigration statutes and regulations promulgat
MMMMMMM
10.1$ Public Disclosure
No public disclosures or news releases pertaining to the Contract shall be made by Successful Respondent
without prior written approval of DIR,
10.19 Product and/or Services Substitutions
Substitutions are not permitted without the prior written consent of DIR or Customer.
10.20 Secure Erasure of Hard Disk Managed Services Products and/or Services
A i
capability to securely erase, destroy, or render unreadable data written to the hard drive prior to final
disposition of such managed service products and/or services, either at the end of the managed service
product and/or services' useful life or at the end of the Customer's managed service product and/or
services' useful life or the end of the related Purchase Order for such products and/or services, in
zzafflsym�
10.21 Deceptive Trade Practices; Unfair Business Practices
ASuccessful Respondent represents and warrants that neither Successful Respondent nor any of
subcontractors has been (i) found liable in any administrative hearing, litigation or other
proceeding of Deceptive Trade Practices violations as defined under Chapter 17, Texas Busine
& Commerce Code, or (ii) has outstanding allegations of any Deceptive Trade Practice pendi
in any administrative hearing, litigation or other proceeding.
B. Successful Respondent certifies that it has no officers who have served as officers of other
entities who (i) have been found liable in any administrative hearing, litigation or other
proceeding of Deceptive Trade Practices violations orhave outstanding allegations of any
g.
Deceptive Trade Practice pending in any administrative hearing, litigation or other proceedin]
10.22 Drug Free Workplace Policy
Successful Respondent shall comply with the applicable provisions of the Drug -Free Work Place Act of
1988 (41 U.S.C. §§8101-8106) and maintain a drug-free work environment; and the final rule,
government -wide requirements for drug-free work place (Financial Assistance), issued by the Office of
am, V-V#3M#kWA',dffq Part 280 Sub%art El 82,,� to iniclement the jrovisions of the DruV-Free
Work Place Act of 1988 is incorporated by reference and the contractor shall comply with the relevant
provisions thereof, including any amendments to the final rule that may hereafter be issued.
Appendix A Standard Contract Terms and Conditions Page 32
<Rev December 2021>
10.23 Public Information
A. Pursuant to Section 2252.907, Texas Government Code, Successful Respondent is required to
make any information created or exchanged with the State pursuant to the Contract, and not
otherwise excepted from disclosure under the Texas Public Information Act, available in a format
that is accessible by the public at no additional charge to the State.
B. Each State government entity should supplement the provision set forth in Section A, above, with
the additional terms agreed upon by the parties regarding the specific format by which Successful
Respondent is required to make the information accessible by the public.
C. Successful Respondent represents and warrants that it will comply with the requirements of
Section 552.372(a), Texas Government Code, where applicable. Except as provided by Section
552.374(c), Texas Government Code, the requirements of Subsection J, Chapter 552, Texas
Government Code, may apply to the Contract or certain Purchase Orders, and Successful
Respondent agrees that the Contract or such Purchase Orders can be terminated if Successful
Respondent knowingly or intentionally fails to comply with a requirement of that subchapter.
10.24 Successful Respondent Reporting Requirements
Successful Respondent shall comply with Subtitle C, Title 5, Business & Commerce Code, Chapter 109,
requiring computer technicians to report images of child pornography.
10.25 Cy ersecurity Training
In accordance with Section 2054.5192, Texas Government Code, for any contract with a state agency or
institution of higher education, if Successful Respondent, or a subcontractor, officer, or employee of
Successful Respondent, will have access to a state computer system or database, then Successful
Respondent shall ensure that such officer, employee, or subcontractor shall complete a cybersecurity
training program certified under Section 2054.519, Texas Government Code, as selected by Customer
state agency or institution of higher education. The cybersecurity training program must be completed by
such officer, employee, or subcontractor during the term of the Contract and during any renewal period.
Successful Respondent shall verify to the Customer state agency or institution of higher education
completion of the program by each such officer, employee, or subcontractor.
A. Successful Respondent and DIR agree to the following: (i) a party's failure to require strict
performance of any provision of the Contract shall not waive or diminish that party's right
thereafter to demand strict compliance with that or any other provision, (ii) for disputes not
resolved in the normal course of business, the dispute resolution process provided for in Chapter
2260, Texas Government Code, shall be used, (iii) except as provided in Sec. 2251.051 Texas
Government Code, Successful Respondent shall continue performance while the dispute is being
resolved, and (iv) actions or proceedings arising from the Contract shall be heard in a state court
of competent jurisdiction in Travis County, Texas.
B. Disputes arising between a Customer and Successful Respondent shall be resolved in accordance
with the dispute resolution process of the Customer that is not inconsistent with the above. DIR
shall not be a party to any such dispute unless DIR, Customer, and Successful Respondent agree
in writing.
Appendix A Standard Contract Terms and Conditions Page 33
<Rev December 2021>
C. State agencies are required by rule (34 TAC §20.108(b)) to report vendor performance through
the Vendor Performance Tracking System (VPTS) on every purchase over $25,000.00.
11.2 Termination
11.2.1 Termination for Non -Appropriation
Customers may terminate Purchase Orders if funds sufficient to pay its obligations under the
Contract are not appropriated: i) by the governing body on behalf of local governments; ii) by the
Texas legislature on behalf of state agencies; or iii) by budget execution authority provisioned to
the Governor or the Legislative Budget Board as provided in Chapter 317, Texas Government
Code. In the event of non -appropriation, Successful Respondent will be provided ten (10)
calendar days written notice of intent to terminate. In the event of such termination, Customer
will not be in default or breach under the Purchase Order or the Contract, nor shall it be liable for
any further payments ordinarily due under the Contract, nor shall it be liable for any damages or
any other amounts which are caused by or associated with such termination.
11.2.1.2 Termination for Non -Appropriation by DI
DIR may terminate the Contract if funds sufficient to pay its obligations under the Contract are
not appropriated: by the i) Texas legislature or ii) by budget execution authority provisioned to
the Governor or the Legislative Budget Board as provided in Chapter 317, Texas Government
Code. In the event of non -appropriation, Successful Respondent will be provided thirty (30)
calendar days written notice of intent to terminate. In the event of such termination, DIR will not
be in default or breach under the Contract, nor shall it be liable for any further payments
ordinarily due under the Contract, nor shall it be liable for any damages or any other amounts
which are caused by or associated with such termination.
11.2.2 Absolute Right
DIR shall have the absolute right to terminate the Contract without recourse in the event that: i)
Successful Respondent becomes listed on the prohibited vendors list authorized by Executive Order
#13224, "Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to
Commit, or Support Terrorism", published by the United States Department of the Treasury, Office of
Foreign Assets Control; ii) Successful Respondent becomes suspended or debarred from doing business
with the federal government as listed in the System for Award Management (SAM) maintained by the
General Services Administration; or (iii) Successful Respondent is found by DIR to be ineligible to hold
the Contract under Subsection (b) of Section 2155.006, Texas Government Code. Successful Respondent
shall be provided written notice in accordance with Section 14. 1, Notices, of intent to terminate.
11.2.3 Termination for Convenience
DIR may terminate the Contract, in whole or in part, by giving the other party thirty (30) calendar days'
written notice. A Customer may terminate a Purchase Order by giving the other party thirty (30) calendar
days' written notice.
Appendix A Standard Contract Terms and Conditions Page 34
<Rev December 2021>
11.2.4 Termination for Cause
11.2.4.1 Contract
Either DIR or Successful Respondent may issue a written notice of default to the other upon the
occurrence of a material breach of any covenant, certification, representation, warranty, or
provision of the Contract, upon the following preconditions: first, the parties must comply with
the requirements of Chapter 2260, Texas Government Code in an attempt to resolve a dispute;
second, after complying with Chapter 2260, Texas Government Code, and the dispute remains
unresolved, then the non -defaulting party shall give the defaulting party thirty (30) calendar days
from receipt of notice to cure said default. If the defaulting party fails to cure said default within
the timeframe allowed, the non -defaulting party may, at its option and in addition to any other
remedies it may have available, cancel and terminate the Contract. Customers purchasing
products or services under the Contract have no power to terminate the Contract for default.
11.2.4.2 Purchase Order
Customer or Successful Respondent may terminate a Purchase Order or other contractual
document or relationship upon the occurrence of a material breach of any term or condition: (i) of
the Contract, or (ii) included in the Purchase Order or other contractual document or relationship,
upon the following preconditions: first, the parties must comply with the requirements of Chapter
2260, Texas Government Code, in an attempt to resolve a dispute; second, after complying with
Chapter 2260, Texas Government Code, and the dispute remains unresolved, then the non -
defaulting party shall give the defaulting party thirty (30) calendar days from receipt of notice to
cure said default. If the defaulting party fails to cure said default within the timeframe allowed,
the non -defaulting party may, at its option and in addition to any other remedies it may have
available, cancel and terminate the Purchase Order. Customer may immediately suspend or
terminate a Purchase Order without advance notice in the event Successful Respondent fails to
comply with confidentiality, privacy, security requirements, environmental, or safety laws or
regulations, if such non-compliance relates or may relate to vendor provision of goods or services
to the Customer.
11.2.5 Immediate Termination or Suspension
DIR may immediately suspend or terminate the Contract without advance notice if DIR receives notice or
knowledge of potentially criminal violations by Successful Respondent (whether or not such potential
violations directly impact the provision of goods or services under the Contract). In such case, Successful
Respondent may be held ineligible to receive further business or payment but may be responsible for
winding down or transition expenses incurred by Customer. DIR or Customer will use reasonable efforts
to provide notice (to the extent allowed by law) to Successful Respondent within five (5) business days
after the suspension or termination. Successful Respondent may provide a response and request an
opportunity to present its position. DIR or Customer will review Successful Respondent's presentation
but is under no obligation to provide formal response.
Appendix A Standard Contract Terms and Conditions Page 35
<Rev December 2021>
11.2.6 Customer Rights Under Termination
I
In the event the Contract expires or is terminated tor any reason, a Customer s
the Contract and any Purchase Order issued prior to the termination or expiration of the Contract, The
Purchase Order survives the expiration or termination of the Contract in accordance with Section 4.5.
11.2.7 Successful Rcsl)ondeiitRights Under Termination
In the event a Purchase Order expires or is terminated, a Customer shall pay all amounts due for products
or services ordered prior to the effective expiration or termination date and ultimately accepted.
11.3 Force Majeure
DIR, Customer, or Successful Respondent may be excused from performance under the Contract or a
Purchase Order for any period when performance is prevented as the result of an act of God, strike, war,
civil disturbance, epidemic, or court order (each such event, an "Event of Force Majeure"), provided that
the party experiencing such Event of Force Majeure has prudently and promptly acted to take any and all
stoys that are withirt the yarty's c*ntrol to e--svre verformaxce m) t�s shortpn thf.- duratiQn or irxpzct of the.
Event of Force Majeure. The party suffering an Event of Force Majeure shall provide notice of the event
to the other parties when commercially reasonable. Subject to this Section, such non-performance shall
not be deemed a default or a ground for termination. However, a Customer may terminate a Purchase
able to deliver services
in a timely manner to meet the business needs of such Customer.
Successful Respondent shall not solicit, directly or indirectly, any employee of DIR who is associated
with the Contract for a period of ninety (90) calendar days following the expiration or termination of the
Contract. Further, Successful Respondent shall not solicit, directly or indirectly, any employee of a
C-paLs-mer who is associated with a Purchase Order for a period of ninety (90) calendar days following the
expiration or termination of such Purchase Order.
13 WARRANTY
Customers may provide written notice to Successful Respondent of errors, inaccuracies, or other
P1 r
Appendix A Standard Contract Terms and Conditions Page 36
<Rev December 2021>
All notices, demands, designations, certificates, requests, offers, consents, approvals, and other
instruments given pursuant to the Contract shall be in writing and shall be validly given on: (i) the date of
delivery if delivered by email, facsimile transmission, mailed by registered or certified mail, or hand
delivered, or (ii) three (3) business days after being mailed via United States Postal Service. All notices
under the Contract shall be sent to a party at the respective address indicated in the Contract or to such
other address as such party shall have notified the other party in writing.
14.2 Handling of Written Complaints
In addition to other remedies contained in the Contract, a person contracting with DIR may direct their
written complaints to the following office:
Public Information Office
Department of Information Resources
Attn: Public Information Officer
300 W. 15th Street, Suite 1300
Austin, Texas 78701
(512) 475-4759, facsimile
The captions contained in the Contract, Appendices, and its Exhibits are intended for convenience and
reference purposes only and shall in no way be deemed to define or limit any provision thereof.
<END OF APPENDIX A>
Appendix A Standard Contract Terms and Conditions Page 37
<Rev December 2021>
Amendment Number 1
to
Contract Number DIR-CPO-5688
between
State of Texas, acting by and through the Department of Information Resources
and
IMMIXTECHNOLOGY, INC.
This Amendment Number 1 ("Amendment") to Contract Number DIR-CPO-5688
("Contract") is between the Department of Information Resources (hereinafter "DIR") and
IMMIXTECHNOLOGY, INC. (hereinafter "Successful Respondent"). DIR and "Successful
Respondent" agree to modify the terms and conditions of the Contract as follows:
1. Appendix A, Standard Contract Terms and Conditions Sections 10.4(B)(xxv) replaced
in its entirety with the following:
xxv) neither it, nor its holding companies or subsidiaries, is:
(a) Listed in Section 889 of the 2019 National Defense Authorization Act;
(b) Listed in Section 1260H of the 2021 National Defense Authorization Act; or
(c) Owned by the government of a country on the U.S. Department of Commerce's
foreign adversaries list under 15 C.F.R Section 791.4; or
(d) Controlled by any governing or regulatory body located in a country on the U.S.
Department of Commerce's foreign adversaries list under 15 C.F.R Section 791.4; and
xxvi) all information provided by "Successful Respondent is current, accurate, and
complete.
All other terms and conditions of the Contract as amended, not expressly amended herein,
shall remain in full force and effect. In the event of conflict among the provisions, the order
of precedence shall be this Amendment Number 1, and then the Contract.
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
Amendment 1
Contract DIR-CPO-5688
rev. 05/2024 Page 1
IN WITNESS WHEREOF, the parties hereby execute this amendment o begeffectivei�ttis of
the date of the last signature, but in all events, no later than CDT
IMMIXTECHNOLOGY, INC.
Authorized By: , .Sic nature on File
Name: Kallie Lutcher
Title:
SLED Contracts Manager
Date: 5/19/2025 1 1:49 PM CDT
The State of Texas, acting by and through the Department of Information Resources
Authorized By Signature on File
Name; Lisa Massock
Title: Chief Procurement Officer
Date: 5/26/2025 1 8:19 AM CDT
Amendment 1
Contract DIR-CPO-5688
rev. 05/2024 Page 2