AGD 02/02/2021 City of Wichita Falls
City Council Agenda
Stephen Santellana, Mayor
Pi* Bobby Whiteley, At Large
Michael Smith, District 1 , A
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DeAndra Chenault, Mayor Pro Tem '°% � ",
! K( j� Jeff Browning, District 3 t 2ps`. i;
TEXAS Tim Brewer, District 4 = ; '
B/ue,.5, . 0pport#nite,5. Steve Jackson, District 5 4/,y� f Ad ,,4s
Darron Leiker, City Manager
Kinley Hegglund, City Attorney
Marie Balthrop, City Clerk
Notice Of Regular Meeting Of The Mayor And City Council Of The City Of Wichita
Falls, Texas, To Be Held In The City Council Chambers, Memorial Auditorium, 1300
Seventh Street, Tuesday, February 2, 2021, Beginning At 8:30 A.M.
This meeting can be accessed and viewed at the following locations:
1. The video may be livestreamed on the City's YouTube page
(https://www.voutube.com/citvofwf)
2. A livestream will be shown on the Spectrum/Time Warner Cable Channel 1300
3. A livestream will be shown on the City's Facebook page (City of Wichita Falls,
Texas Government) (https://www.facebook.com/CitvofWF)
4. A video of the meeting will be posted on the City's YouTube page
(https://www.voutube.com/citvofwf)
Item #
1. Call to Order
2. (a) Invocation: Pastor Ron Barnard
Heritage Assembly of God
(b) Pledge of Allegiance
3. Presentations
(a) Employee of the Month - Donny Maples, Public Works/Wastewater
Treatment
(b) Presentation of ISO Class 1 Designation
(c) Proclamation —African American Heritage, Wichita Falls Alliance for Arts
and Culture
CONSENT AGENDA
4. Approval of minutes of the January 19, 2021 Regular Meeting of the Mayor and
City Council.
5. Resolutions
(a) Resolution authorizing award of bid for the purchase of roll-out refuse and
yard waste carts Otto Environmental Systems LLC in the amount of
$65,970.00
(b) Resolution authorizing the purchase of eleven (11) in-car camera systems
for new Police patrol units through the Houston-Galveston Area Council (H-
GAC) Purchasing Cooperative from SF Mobile-Vision, Inc.in the amount of
$58,577.75
6. Receive Minutes
(a) Landmark Commission, November 24, 2020
(b) Planning & Zoning Commission, December 9, 2020
(c) Landmark Commission, December 16, 2020
(d) Wichita Falls Economic Development Corporation, December 21, 2020
REGULAR AGENDA
7. Ordinances
(a) Ordinance establishing a Downtown Property Maintenance District and
adopting portions of the 2015 International Property Maintenance Code to
be applied to said District by amending Chapter 22 of the Code of
Ordinances by creating Article XIV; providing a repealer clause; providing
for inclusion; providing for severability; and setting an effective date
(b) Ordinance establishing a Vacant Structure Registry for the Greater
Downtown Area by amending Chapter 22 of the Code of Ordinances by
amending Article XIV; providing a repealer clause; providing for inclusion;
providing for severability; and setting an effective date
8. Resolutions
(a) Resolution approving the programs and expenditures of the Wichita Falls
Economic Development Corporation (WFEDC) by amending the budget for
Fiscal Year 2020-21
(b) Resolution approving the programs and expenditures of the Wichita Falls
Economic Development Corporation (WFEDC) by amending the existing
incentive agreement of up to $2,278,200 with Cleanaire, LLC, dba Pamlico
Air, related to their manufacturing facility in Wichita Falls
(c) Resolution approving the programs and expenditures of the Wichita Falls
Economic Development Corporation (WFEDC) by amending the existing
CITY COUNCIL AGENDA
PAGE 2 OF 4
incentive agreement of up to $2,800,000 with Panda Biotech related to their
proposed purchase and operation out of the former Delphi Plant on 1-44
(d) Resolution authorizing the City Manager, or his designee, to make
application to FEMA for the 2021 Assistance to Firefighters Grant in support
of four (4) separate initiatives, totaling $280,655. Successful applications
require a 10% match
(e) Resolution authorizing the City Manager to make application to NORTEX
for the 2021 Homeland Security Grant in support of the regional Hazardous
Material Response Team, in the amount of$33,500
(f) Resolution authorizing the City Manager to award bid and contract for the
Hike and Bike Trail West of Lake Wichita Park to Larry's Marine to Earth
Builders, L.P., in the amount of $1,456,140.00
(g) Resolution authorizing the City Manager to approve Change Order No. 1
for the 2019 Sanitary Sewer Budget Utility Improvements Project, Phase 2
fora reduction of$82,214.02
(h) Resolution authorizing the City Manager to make application for a non-
matching grant from the Office of the Governor, Public Safety Office,
Homeland Security Grants Division, 2021 State Homeland Security
Program in the amount of $41,612.93
(i) Resolution authorizing the City Manager to enter into an agreement with
Trinity-Hughes Construction for Design-Build Services related to the
Kickapoo Downtown Airport Hangar Project and authorizing the payment of
up to $35,000 in Design Fees
(j) Resolution authorizing The City Manager to execute all documents
necessary to purchase the Innoculate software management services from
Luminaire Inc. in the amount of$90,000
9. Other Council Matters
(a) Staff Reports
1. COVID-19 Update — Lou Kreidler
2. Central Business District Zoning and Type B Corporation Funding— Paul
Menzies and Kinley Hegglund
(b) Items of concern to members of the City Council
10. Comments from the public to members of the city council concerning items that
are not on the city council agenda. People wishing to address the council should
sign up prior to the start of the meeting. A three-minute time frame will be adhered
to for those addressing their concerns. Since comments from citizens are not
posted agenda items, the City Council is prohibited from deliberating or taking any
CITY COUNCIL AGENDA
PAGE 3 OF 4
action, other than a proposal to place the item on a future agenda. Staff may
provide factual statements in response to inquiries or recite existing policy.
11. Executive Sessions
(a) Executive Session in accordance with Texas Government Code §551.087 to
discuss or deliberate the offer of a financial or other incentive to a business
prospect that the City Council seeks to have, locate, stay, or expand in or near the
territory of the City of Wichita Falls and with which the City and/or economic
development corporations created by the City are conducting economic
development negotiations (including, but not limited to, economic development
update).
12. Adjourn
Spanish language interpreters, deaf interpreters, Braille copies or any other special needs
will be provided to any person requesting a special service with at least 24 hours' notice.
Please call the City Clerk's Office at 761-7409.
Every item on this agenda shall be considered a public hearing. Regardless of the agenda heading under
which any item is listed, any word or phrase of any item listed on this agenda shall be considered a subject
for consideration for purposes of the Texas Open Meetings Act and other relevant law, and City Council
may deliberate and vote upon any such subject and resolutions related thereto. Resolutions, ordinances,
and other actions concerning any word, phrase, or other subject may be voted upon, regardless of any
language of limitation found in this agenda or any document referring to such action. Any penal ordinance,
development regulation or charter provision of the City of Wichita Falls or item which is funded by the current
or next proposed City of Wichita Falls budget, including, without limitation, any street, water pipe, sewer,
drainage structure, department, employee, contract or real property interest of the City of Wichita Falls,
may be discussed and deliberated, and the subject is hereby defined as such without further notice. Any
item on this agenda may be discussed in executive session if authorized by Texas law regardless of whether
any item is listed under "Executive Sessions" of this agenda, regardless of any past or current practice of
the City Council. Executive sessions described generally hereunder may include consideration of any item
otherwise listed on the agenda plus any subject specified in the executive session notice. Executive
sessions described generally hereunder are closed meetings, may include consideration of any item
otherwise listed on the agenda plus any subject specified in the executive session notice, and may include
items under Texas Government Code Sections 551.071, 551.072, 551.073, 551.074, 551.076, 551.084,
and/or 551.087.
CERTIFICATION
I certify that the above notice of meeting was posted on the bulletin board at Memorial
Auditorium, Wichita Falls, Texas on the 27th day of January, 2021 at 4:00 o'clock p.m.
117?an,L-
City Clerk
CITY COUNCIL AGENDA
PAGE 4 OF 4
CITY COUNCIL AGENDA
February 2, 2021
ITEM/SUBJECT: Employee of the month.
INITIATING DEPT: Public Works —Wastewater Treatment
COMMENTARY: Presentation of the Employee of the Month Award (plaque, letter of
appreciation, dinner for two and check for $100) to Donny Maples.
® Director of Human Resources
ASSOCIATED INFORMATION:
® Budget Office Review
® City Attorney Review
® City Manager Approval
PAGE 1 OF 2 PAGES
AGENDA ITEM NO. 3.A
EMPLOYEE OF THE MONTH
FOR
February, 2021
NAME: Donny Maples
DEPARTMENT: Public Works —Wastewater Treatment
HIRED: October 1997
PRESENT POSITION: Senior Lead Mechanic
NARRATIVE: Donny Maples started working for the city as a temporary Utility System
Worker I during the summer of 1997. He was hired on as a full time mechanic for the
wastewater maintenance staff in October 1997.
In the early stages of Donny's career, his primary duty was the maintenance and repairs
of the nearly 60 lift stations throughout the city. During spring storm season, when most
are in their homes in the middle of the night, Donny was often out in the elements keeping
these stations operational. He has done an outstanding job of maintaining the lift stations
over the years, ensuring they are always in proper working order at all times.
Donny has a vast knowledge of the large inventory of equipment he is responsible for,
and his knowledge and skills are unequalled within the Division. At this time, Donny is
the senior lead mechanic in charge of plant maintenance, and he has carried his skill at
maintaining lift stations into the maintenance of treatment plant equipment.
New employees are assigned to Donny to learn safety procedures, equipment repairs
and proper maintenance. He excels at teaching new employees, and works in harmony
with any and all. Donny is an employee who would literally give you the shirt off his back
if that is what he thought you needed.
FAMILY: Donny has two sons and three daughters
HOBBIES: In his spare time, he enjoys working on and rebuilding vintage vehicles.
CLOSING: Donny has a very strong work ethic and a "can do" attitude every day. He
is an integral part of the Wastewater Division. Wastewater Treatment is very fortunate to
have had him as an employee for the past 23 years. We are proud of his service, and
equally proud to recognize him as Employee of the Month for February 2021.
PAGE 2 OF 2 PAGES
AGENDA ITEM NO. 3.A
City of Wichita Falls
Ak4/44City Council MeetingMinutes�"I January 19, 2021 a„
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Item 1 - Call to Order
The City Council of the City of Wichita Falls, Texas met in regular session on the above
date in the Council Chambers of the Memorial Auditorium Building at 8:30 o'clock a.m.,
with the following members present.
Stephen L. Santellana - Mayor
DeAndra Chenault - Mayor Pro Tem
Tim Brewer - Councilors
Jeff Browning -
Steve Jackson -
Michael Smith -
Bobby Whiteley -
Darron Leiker - City Manager
Kinley Hegglund - City Attorney
Marie Balthrop - City Clerk
Mayor Santellana called the meeting to order at 8:30 a.m.
Item 2a — Invocation
Reverend John McLarty, First United Methodist Church, gave the invocation.
Item 2b — Pledge of Allegiance
Mayor Santellana led the Pledge of Allegiance.
Item 3-5 — Consent Items
Page 1 of 7
Agenda Item No.4.
8:32 a.m.
City Manager Darron Leiker gave a briefing on the items listed under the Consent
Agenda.
Moved by Councilor Browning to approve the items on the consent agenda.
Motion seconded by Councilor Smith and carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, Smith, and
Whiteley.
Nays: None
Item 3 —Approval of minutes of the January 5, 2021 Regular Meeting of the Mayor
and City Council
Item 4a — Resolution 05-2021
Resolution authorizing the purchase of one (1) John Deere backhoe with a bayonet
breaker through the Sourcewell Purchasing Cooperative from Yellowhouse Machinery
Co. in the amount of $125,745.00.
Item 4b — Resolution 06-2021
Resolution authorizing the purchase of three (3) 60-inch mowers and two (2) 72-inch
mowers through the BuyBoard Purchasing Cooperative from Kubota Tractor
Corporation in the amount of $79,658.84.
Item 5 — Receive Minutes
(a) Wichita Falls — Wichita County Public Health Board, November 13, 2020
(b) Lake Wichita Revitalization Committee, December 8, 2020
(c) Wichita Falls Economic Development Corporation, December 8, 2020
(d) Planning & Zoning Commission, December 9, 2020
Item 6a — Resolution 07-2021
8:33 a.m.
Resolution to accept or reject the sealed bids as presented for 41 Trustee parcels and
authorizing execution of deeds to convey title by Quitclaim to the winning bidders.
CITY COUNCIL MINUTES
January 19,2021
Page 2
Page 2 of 7
Agenda Item No.4.
Moved by Councilor Browning to approve Resolution 07-2021 and award bids on the
following properties:
Motion seconded by Councilor Chenault and carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, Smith, and
Whiteley.
Nays: None
Item 6b — Resolution 08-2021
8:37 a.m.
Resolution authorizing the City Manager the award of repair of a raw water pump at
Lake Arrowhead Pump Station through the Buyboard Purchasing Cooperative to Smith
Pump Co. Inc., in the amount of $118,940.00.
Moved by Councilor Brewer to approve Resolution 08-2021.
Motion seconded by Councilor Browning and carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, Smith, and
Whiteley.
Nays: None
Item 6c — Resolution 09-2021
8:41 a.m.
Resolution authorizing the submittal of a grant application to the Texas Division of
Emergency Management for the FY 2021 Emergency Management Performance Grant
Moved by Councilor Browning to approve the items on the consent agenda.
Moved by Councilor Browning to approve Resolution 09-2021.
Motion seconded by Councilor Whiteley and carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, Smith, and
Whiteley.
Nays: None
CITY COUNCIL MINUTES
January 19,2021
Page 3
Page 3 of 7
Agenda Item No.4.
Item 6d — Resolution 10-2021
8:43 a.m.
Resolution authorizing award of bid to Retail Motorcycle Ventures, Inc. dba BMW
Motorcycles of North Dallas for the purchase of four (4) BMW Police Motorcycles in the
amount of $111,911.08.
Moved by Councilor Brewer to approve Resolution 10-2021.
Motion seconded by Councilor Chenault and carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, Smith, and
Whiteley.
Nays: None
Item 7a1 — Staff Report— COVID-19 Update, Lou Kreidler, Director of Health
8:51 a.m.
Mrs. Kreidler discussed that in the past two weeks we have seen the worst week ever in
regards to the number of new cases, and we are now seeing a decrease in the number
of cases, and a slight decrease in hospitalizations. However, the COVID variant strain
that is more easily spread is in Texas and has been seen in the Dallas area so we must
remain vigilant. Vaccine distribution continues and a successful joint immunization clinic
was held with the North Texas State Hospital and the Community Health Care Center
where 1003 vaccines were given, and the second doses will be administered February
6, 2021. The Health Department is scheduled to receive 1950 Pfizer vaccines this
week. Once the vaccines are received they will begin making appointments, and they
are working on the final plans of when and where the clinic will be held. They hoped to
have another drive thru immunization clinic but due to weather concerns, it has been
moved inside. The public will be notified as soon as they are ready to begin making
appointments. Due to the current vaccine scheduling process not being sustainable,
the Health Department is looking to transfer to an online system that is web and app
based. This process will be much more efficient and require less staff time. They will
still be able to set appointments by phone for individuals that do not have computer
access. They are currently not adding additional names to the waiting list, and will
move the over 7000 names on the waiting list to the electronic system. The Health
Department asks for the public's patience as they work through this process. As always
they continue to ask that everyone continue to wear a mask when you are out of your
home or around others that do not live in your home, social distance when possible,
wash your hands often, and get the vaccine when available. Mrs. Kreidler answered
CITY COUNCIL MINUTES
January 19,2021
Page 4
Page 4 of 7
Agenda Item No.4.
various questions from Councilors regarding local providers, total number of cases and
tests, and vaccine distribution.
Item 7a2 — Staff Report— Fire Ordinance Update — Chief Ken Prillaman
9:13a.m.
Chief Prillaman discussed proposed ordinance changes that address three areas of
concern. The first concern discussed was the need for lock boxes on commercial
businesses that have alarms. The lack of a lock box leaves fire crews stranded outside
unable to check the alarm when they cannot visibly see signs of an active fire, unless
the owner or building contact shows up to let them in. Crews must sometimes choose
between causing damage to the building to gain access or to walk away from the alarm.
The second concern is false alarms, which are typically due to lack or maintenance or
repair on the alarm system. The proposed ordinance will define a false alarm, set a fee,
and set a limit of false alarms allowed before the fee is charged. The third concern
discussed was the lack of monitoring of alarm systems. There are buildings that require
alarm systems, but have cancelled their monitoring services. This causes delayed
notification, and safety issues for occupants and firefighters. The proposed ordinance
would require alarms to be monitored by an alarm company, and require alarm
companies to notify the Fire Marshal of non-renewals. There was brief discussion
regarding the financial impact to affected businesses, the type of lockbox, process to
receive a lockbox, and security of the lockbox. Questions regarding the changes can be
directed to the Fire Chief or Fire Marshall.
Item 7b — Items of Concern to Members of the City Council
9:36 a.m.
Councilor Jackson —Would like everyone to have up to date information regarding the
virus and vaccination process. Wichita Falls is the city that faith built and we will get
through this. God bless and stay healthy.
Councilor Smith — He is happy to see the restart of the Maplewood extension project.
The eastern portion is finished and they are currently working on the McNeil intersection
and will be a great addition for movement of traffic around the Lawrence Road area. He
meets with non-profits weekly and they still need funding due to the inability to have
fundraisers. They continue to do great work providing various important services to our
community. If you have the ability to assist these organizations, please consider doing
so. We appreciate them and the help they provide to our citizens in need.
Councilor Whiteley —Asked for clarification on the parking garage downtown. He is
concerned that the parking garage lighting is on twenty-four hours a day, but the garage
CITY COUNCIL MINUTES
January 19,2021
Page 5
Page 5 of 7
Agenda Item No.4.
is not being used. Mr. Menzies discussed that the Type B Sales Tax Corporation has
been discussing how to best utilize this facility, and the board will continue to discuss
this project. Many of the spots may be used by future development in the area. Mr.
Leiker stated that the spaces were advertised for and bids were taken, but they received
very few bids. Councilor Whiteley stated his and others concern about the expense of
lighting when the garage is not being used. There also seems to be some confusion
regarding rezoning and expanding the central business district. He suggested that the
various parties meet to discuss the path forward. There was brief discussion regarding
restrictions for the use of 4B funding. Staff will organize a meeting and place this item
on the next agenda.
Councilor Chenault said good morning to everyone.
Mayor Santellana —Thanked Lou Kreidler and her staff for their work. He received
several calls and comments complimenting how organized the vaccination clinic was.
He briefly discussed the possible cost savings of moving to an automated system and
asked for a comparison when that is available. The next phase of COVID is getting out
information regarding vaccinations and the Health Department and Public Information
Office has done an outstanding job of this.
Item 8 — Comments from the Public to Members of the City Council Concerning
Items That Are Not on the City Council Agenda
9:55 a.m.
James A. Johnson, 1819 Hampton Rd., voiced his concerns about the proposed Lake
Ringgold project, and stated he believes citizens should be able to vote on this project.
Item 9 —Appointments to Boards and Commission
9:57 a.m.
Moved by Councilor Whiteley to appoint Matt Marrs to Place 5 on the Lake Wichita
Revitalization Committee, term to expire 07/31/2027.
Motion seconded by Councilor Browning and carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, Smith, and
Whiteley.
Nays: None
CITY COUNCIL MINUTES
January 19,2021
Page 6
Page 6 of 7
Agenda Item No.4.
Item 10 — Executive Session
City Council adjourned into Executive Session at 9:58 a.m. in accordance with Texas
Government Codes §551.071.
City Council reconvened at 10:32 a.m.
Mayor Santellana announced that no votes or polls were taken.
Item 11 —Adjourn
Mayor Santellana adjourned the meeting at 10:33 a.m.
PASSED AND APPROVED this 2nd day of February 2021.
Stephen L. Santellana, Mayor
ATTEST:
Marie Balthrop, TRMC, MMC
City Clerk
CITY COUNCIL MINUTES
January 19,2021
Page 7
Page 7 of 7
Agenda Item No.4.
CITY COUNCIL AGENDA
FEBRUARY 2, 2021
ITEM/SUBJECT: Resolution authorizing award of bid for the purchase of roll-out refuse
and yard waste carts to Otto Environmental Systems LLC in the
amount of$65,970.00.
INITIATING DEPT: Sanitation
STRATEGIC GOAL: Efficiently Deliver City Services
STRATEGIC OBJECTIVE: N/A
COMMENTARY: Bids were opened January 7, 2021 for the purchase of roll-out refuse
and yard waste carts for the Sanitation Division. Three (3) responsive bids were received;
all meet specifications (bid tabulation attached).
Otto has provided these carts to the City in the past and staff has been pleased with their
performance. Therefore, staff recommends award of bid for roll-out refuse and yard waste
carts to Otto Environmental Systems LLC in the amount of$65,970.00.
FY 2021 Budgeted Cost: $75,000.
Staff recommends approval of the resolution.
® Purchasing ® Director of Public Works
ASSOCIATED INFORMATION: Resolution , Bid Tab
® Budget Office Review
® City Attorney Review
® City Manager Approval
PAGE 1 OF 3 PAGES
AGENDA ITEM NO. 5.A
Resolution No.
Resolution awarding bid for the purchase of roll-out refuse and yard
waste carts to Otto Environmental Systems LLC in the amount of
$65,970.00
WHEREAS, the City of Wichita Falls advertised and requested bids for the
purchase of roll-out refuse and yard waste carts; and
WHEREAS, bids were received and publicly opened on January 7, 2021 ; and
WHEREAS, the City Council finds that the lowest responsible bidder was Otto
Environmental Systems LLC.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The bid for the purchase of roll-out refuse and yard waste carts is awarded to Otto
Environmental Systems LLC in the amount of$65,970.00 and City staff are authorized to
execute all documents necessary to purchase said items in accordance with bid
specifications.
PASSED AND APPROVED this the 2nd day of February, 2021.
MAYOR
ATTEST:
City Clerk
PAGE 2 OF 3 PAGES
AGENDA ITEM NO. 5.A
BID TABULATION
BID 20-30 ROLL OUT REFUSE CARTS
REFUSE CARTS YARD CARTS
VENDOR BRAND (1000) {500) TOTAL
EACH I SUBTOTAL EACH I SUBTOTAL
IPL NORTH AMERICA INC IPL 45.81 45,810.00 4E.81 22,905.00 $68,715.00
FORSYTH,CA
OTTO ENVIRONMENTAL SYSTEMS LLC OTTO MS095E 43.98 43,980.00 43.98 21,990.00 $65,970.0C
CHARLOTTE,NC "EDGE"
SCHAEFER SYSTEMS INTL INC SCHAEFER 45.50 455,500.00 45.50 22,750.00 S68,250.00
CHARLOTTE,NC
TOTER NO 3I:I NO BID -
STATESVILLE,NC
PAGE 3 OF 3 PAGES
AGENDA ITEM NO.5.A
CITY COUNCIL AGENDA
February 2, 2021
ITEM/SUBJECT: Resolution authorizing the purchase of eleven (11) in-car camera
systems for new Police patrol units through the Houston-Galveston
Area Council (H-GAC) Purchasing Cooperative from SF Mobile-
Vision, Inc.in the amount of$58,577.75.
INITIATING DEPT: Aviation, Traffic, & Transportation
STRATEGIC GOAL: Efficiently Deliver City Services
STRATEGIC OBJECTIVE: Practice Effective Government
COMMENTARY: The Police Department uses these in-car camera systems for their
patrol unit video recording. The Flashback HD Digital In-Car Video Systems will be
installed in patrol units recently purchased on January 5, 2021. The systems will be
purchased from SF Mobile-Vision, Inc. in the amount of$58,577.75.
Texas Local Government Local Government Code §252.022 exempts items purchased
through interlocal cooperative purchasing contracts from the State's competitive bidding
requirements. This chapter does not apply to expenditure for. . . (12) personal property
sold. . . under an interlocal contract for cooperative purchasing administered by a regional
planning commission established under Chapter 391.
Staff recommends approval of the resolution authorizing the purchase of eleven (11)
Flashback HD in-car camera systems through the Houston-Galveston Area Council
Purchasing Cooperative from SF Mobile-Vision, Inc. in the amount of$58,577.75.
Number of In-Car Cameras Purchased: 11
Total Cost of In-Car Cameras Purchased: $58,577.75
FY 2021 Budget for In-Car Cameras: $61,600.00
Under Budget: $3,022.25
® Director of Aviation, Traffic & Transportation ® Purchasing
ASSOCIATED INFORMATION: Resolution; HGAC Documentation; Photo of system
® Budget Office Review
® City Attorney Review
® City Manager Approval
PAGE 1 OF 5 PAGES
AGENDA ITEM NO. 5.B
Resolution No.
Resolution authorizing the purchase of twelve (11) in-car camera
systems for new Police patrol units through the Houston-Galveston
Area Council (H-GAC) Purchasing Cooperative from SF Mobile-Vision,
Inc. in the amount of $58,577.75
WHEREAS, Texas Local Government Local Government Code §252.022 exempts
items purchased through interlocal cooperative purchasing contracts from the State's
competitive bidding requirements; and,
WHEREAS, the City Council of the City of Wichita Falls has passed a resolution
approving the participation in such cooperative agreements; and,
WHEREAS, the City Council finds that SF Mobile-Vision, Inc. is offering eleven
(11) Flashback HD Digital In-Car Camera Systems through the H-GAC Purchasing
Cooperative, and it is in the best interest to purchase equipment in accordance with the
Cooperative Purchasing Programs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
City Staff is authorized to execute all documents necessary to purchase eleven
(11) Flashback HD in-car camera systems through the H-GAC Purchasing Cooperative
from SF Mobile-Vision, Inc. in the amount of$58,577.75.
PASSED AND APPROVED this the 2nd day of February, 2021.
MAYOR
ATTEST:
City Clerk
PAGE 2 OF 5 PAGES
AGENDA ITEM NO. 5.B
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PAGE 3 OF 5 PAGES
AGENDA ITEM NO.5.B
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PAGE 4 OF 5 PAGES
AGENDA ITEM NO. 5.B
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PAGE 5 OF 5 PAGES
AGENDA ITEM NO.5.B
MINUTES
LANDMARK COMMISSION
November 24, 2020
MEMBERS PRESENT:
Michele Derr • Chairperson
John Dickinson •Member
Christy Graham • Vice-Chairperson
Joel Hartmangruber • Member
Andy Lee • Member
Nadine McKown • Member
Janel Ponder Smith • Member
Marcela Trice • Member
Amy Gardner, Legal • City Staff
Terry Floyd, Development Services Director • City Staff
Karen Gagne, Planning Administrator • City Staff
Christal Ashcraft, Development Services Asst. • City Staff
MEMBERS ABSENT:
Blake Haney • P&Z Liaison
Tim Brewer • Council Liaison
Guests:
Megan Bodine-Smith, Applicant 1508 Tilden St
Michael Smith, Applicant 1508 Tilden St
Shawn Scott,Contractor S&H Solar&Electric
Zane Coombes, Contractor S&H Solar&Electric
Steve Wood, Architects BYSP Architects
Brian Crowe, Contractor Trinity-Hughes
Jan Phipps, Resident WFH HD
I. Call to Order, Welcome and Introductions
Chairperson Michele Derr called the meeting to order at 12:00 p.m. Ms. Derr had
Commission members, staff and guests introduce themselves.
II. Review & Approval of Minutes from October 27, 2020
Ms. Derr called for review and approval of the October 27, 2020 Landmark Commission
meeting minutes. Vice-Chair, Ms. Christy Graham made a motion to approve the minutes,
Ms. Janel Ponder-Smith seconded the motion. Minutes were unanimously approved.
III. Action Item: Design Review - 1508 Tilden Street (West Floral Heights Historic District)
• Solar Panel Installation on Accessory Structure - Residential
Install 78 Panels on Rear, Detached Garage Facing Alley
Staff presented the case requesting use of the non-historic accessory structure in the rear
of the property for installation of 78 solar panels. The property/district was designated in
Page 1 of 4
Agenda Item No.6.a
Landmark Commission 2 November 24, 2020
2005 and is a combination of Craftsman/Cape Cod styles with some Colonial Revival
influences. The original garage structure was constructed in 1925 and in 2005 had an
approved design review to demolish the garage and rebuild as it had become a life, health
and safety hazard. The garage has little visibility from Tilden Street with the house's porte
co.chere and mature yard vegetation. From the alley, solar panels would be visible on the
non-contributing, non-historic garage, but will not over hang from the roof as shown on the
site plan. Staff conducted research since this case would set a precedent for solar panel
placement in residential historic districts to determine if and how alternative energy systems
are addressed. The CLG cities that responded did address energy options and most offered
design guideline provisions for placement on accessory structures, non-historic structures
and/or on some limited historic structures only if on non-street facing roof areas or
placement in the yard area instead of attachment to a structure. Illustrated examples from
the comparison cities were outlined for the Commission in the power point presentation.
The solar panels selected by the applicant are energy efficient, black, non-reflective panels.
There will be no damage to the historic character of the main structure and all character
defining elements must be preserved on the garage. S&H Solar & Electric will be installing
the panels and they will have only minimal visibility at certain times of the year (winter) from
the Tilden Street right-of-way.
Ms. Gagne turned the floor over to the homeowners and S&H Solar & Electric. Dr. Bodine-
Smith stated she was there for any questions from the Commission. Chairperson Derr
asked if there were any questions or comments. Ms. Janel Ponder-Smith made a motion
to approve the request as presented with Mr. Joel Hartmangruber seconding. The motion
passed unanimously.
IV. Action Item: Design Review — 900 Bluff Street — Kell House Museum & Carriage
House — Wichita Falls City Landmark #3
*Nadine McKown, Wichita County Heritage Society staff, recused herself for this action item
• Selective Restoration/Rehabilitation — Kell House
o Exterior Woodwork
o Windows
o Doors
o Columns/Porch Balustrades
o Brickwork
• Carriage House: Foundation Stabilization/Brick Exterior Repair
Ms. Gagne stated staff had worked closely with the Wichita Co. Heritage Society staff and
project architects for many years on the various stages of capital plan for restoration of the
Kell House Museum. In particular, Mr. Steve Wood with BYSP Architects and now Mr. Brian
Crowe with Trinity Hughes Construction. For this particular project BYSP is working in
partnership with another Texas architectural firm - Komatsu Architecture based in Fort
Worth. Ms. Gagne highlighted the key elements being requested for historic
restoration/rehab and turned the presentation over to Mr. Wood for more details.
Mr. Wood gave a brief overview of the well-known historical home located at 900 Bluff
Street. The subject property was constructed in 1909 and needed major restoration and
rehab. Mr. Wood stated the project started in late 2017, early 2018 with the Wichita County
Heritage Society developing a plan of what work would need to be done. At that time,
Page 2 of 4
Agenda Item No.6.a
Landmark Commission 3 November 24, 2020
BYSP was whom had partnered with Karl Komatsu Architects who specialize in historical
preservation restoration and rehabilitation. Mr. Wood advised Mr. Komatsu was a former
Texas Historical Commission (THC) Commissioner and is very connected to the THC,
doing feasibility studies on their behalf. Mr. Komatsu accessed the exterior of the home and
completed two reports that identify exterior issues to be addressed. This information was
submitted as a 50% plan to THC in 2019 for their review and comment. After conversing
with THC and receiving comments and feedback on what needed to be corrected, Mr.
Komatsu and the BYSP team went back and incorporated those suggestions into the plans.
A fully revised 100% plan was submitted to THC for review prior to summer and was
approved September 2020. Mr. Wood reported that they are finishing the structural side of
the site plans to have ready to submit to the City of Wichita Falls sometime in January 2021,
with Trinity Hughes Construction working as the contractor. More detailed information was
given about process of restoration on various key elements outlined in the power point.
Chairperson Derr stated this was a very exciting project and asked if the Commission had
any questions or comments. There were no questions from the Commission. Ms. Graham
made a motion to approve the design review application as presented and Ms. Ponder-
Smith seconded. The motion passed unanimously with the exception of the recused
member.
V. Approval of 2021 Landmark Meeting Schedule:
Ms. Gagne stated she received a call just before the meeting requesting a special called
meeting in December to consider a fencing issue in West Floral Heights Historic District.
Staff highlighted the 2021 schedule and advised meeting day (Tues) and time (12pm) would
stay the same if the Commission agreed. Commission consensus to retain Tuesday
meeting timeframe. Ms. Gagne advised Mr. Blake Haney, Planning & Zoning Liaison, had
stated due to work conflicts Tuesday's meeting times would no longer work for him. Staff
will be looking for interested members of the Planning & Zoning Commission to submit for
appointment consideration by council in December to fill Blake's vacated position.
Ms. Graham made the motion to accept the 2021 meeting schedule as presented. Ms.
Ponder-Smith seconded the motion which passed unanimously.
VI. Other Business:
a) Monthly Reports
Depot Square:
Ms. Derr gave updates:
• Nov. 28th — Downtown "Shop Small" event
• Dec. 5th — 19th —Wichita Theater, Santa's North Pole Adventure
• Dec. 5th & 19th — Farmer's Market open
• Dec. 12th — Crashworks hosting Dinner at the Drive-In, 5:30 — 7:30 PM
West Floral Heights:
Ms. Ponder-Smith gave updates:
• New President — Megan Bodine-Smith
• Lots of neighborhood clean-up
Page 3 of 4
Agenda Item No.6.a
Landmark Commission 4 November 24, 2020
b) Updates:
• Indiana Ave. Historic District Project - Ms. Gagne gave a brief update of work
being done and work moving forward on the creation of the Indiana Avenue
National Register Historic District with funds from TIF #4.
c) Design Review — Staff Authorized — Minor Alteration/Repairs
• 1309 Grant (West Floral Heights) — backflow testing
• 1407 Buchanan (West Floral Heights) — replacement roofing; composition (permit
pending)
d) Articles & Periodicals:
• Preservation — Fall 2020
VII. Adjourn
Next regularly scheduled meeting is January 26, 2021 at 12 p.m. Meeting adjourned at
12:56 p.m.
/ILI ad, I -14 2,, 26 2-1
Michele Derr, Chairperson Date
Page 4 of 4
Agenda Item No.6.a
MINUTES
PLANNING & ZONING COMMISSION
December 09, 2020
PRESENT:
David Cook •Vice-Chair
Michael Grassi •Alternate#2
Steve Lane • Member
Noros Martin • Member
Mark McBurnett •SAFB Liaison
Jeremy Woodward •Alternate#1
James McKechnie, Deputy City Attorney • City Staff
Fabian Medellin, Planner III •
Cedric Hu, Planning Technician •
Rita Miller, Neighborhood Services Manager •
ABSENT:
Jack Browne • Member
Blake Haney •Member
Anthony Inman • Member
Dan Leslie • Member
Cayce Wendeborn • Member
Councilor Whiteley • Council Liaison
I. CALL TO ORDER
The meeting was called to order by Vice-Chairperson, Mr. David Cook, at 2:16 p.m.
Vice-Chairperson Cook proceeded to make the following comments:
a. This meeting is being televised live on Channel 1300. It will be replayed at
2:00 p.m. daily including Saturday and Sunday until the next live meeting is
aired which will be the second Wednesday of next month at 2:00 p.m.
b. Motions made by the Commission members include all staff
recommendations and developmental requirements listed in the staff report.
Any deviations will be discussed on a case-by-case basis and voted on
accordingly.
c. Applicants and citizens who wish to address the Commission or answer
questions from the Commission members are asked to please speak into the
microphone at the podium. This meeting is being taped and there is no
microphone to record statements made from the audience.
d. Commission members, when speaking please remember to press the button
to turn on your microphone.
Page 1 of 3
Agenda Item No.6.b
Planning and Zoning 2 December 09, 2020
e. Please silence all cell phones during the meeting. If it is necessary for you to
have a cell phone conversation during the meeting, please use the hallway
outside this room.
II. ROLL CALL
Commission Vice-Chairperson Cook roll called commission and staff members.
III. PUBLIC COMMENTS
Vice-Chairperson Cook asked if there were any comments from the public. With no
response, Mr. Cook closed public comments.
IV. APPROVAL OF MINUTES
Mr. Noros Martin made a motion to adopt the November 11, 2020, minutes. Mr.
Michael Grassi seconded the motion. The motion was passed unanimously.
VII. CONSENT AGENDA
Preliminary Plat:
1. All American Addition, Lots 1 & 2, Block 1
Applicant: Corlett, Probst & Boyd PLLC
Location: The 11.2 acres is at the southeast corner of 1-44 and Airport Drive
Final Plats:
2. All American Addition, Lot 1, Block 1
Applicant: Corlett, Probst & Boyd PLLC
Location: The 1.34 acres is at the southeast corner of 1-44 and Airport Drive.
3. Desliu Addition, Lot 1, Block 1
Applicant: Proven Surveying
Location: The 33.8 acre tract is located approximately 2,000 sq. ft. from the
intersection of Keil Ln. and City View Dr.
4. Ray-Massie Subdivision, Lot 1-D, Block B
Applicant: Corlett, Probst & Boyd PLLC
Location: The 1 .75 acre tract is located at the northeast corner of Harlan Ave
and Borton Ave., north of Iowa Park Road.
Vice-Chairman Cook asked if there were any items on the consent agenda to be
brought down to the regular agenda or modified. Mr. Fabian Medellin stated the
final plats, All American Addition, Lot 1, Block 1 and Desliu Addition, Lot 1, Block 1,
were being withdrawn for failure to meet subdivision regulations. Mr. Jeremy Cook
made a motion to accept the modified consent agenda. Mr. Michael Grassi
seconded the motion. The motion was passed unanimously.
VIII. REGULAR AGENDA
1. Case C 20-20 — 1006 Pecan Street
Page 2 of 3
Agenda Item No.6.b
Planning and Zoning 3 December 09, 2020
Request for a conditional use to allow a manufactured home as in-fill
development in a Residential Mixed Use (RMU) zoning district.
Applicant/Owner: Andrew & Winnie Brown
Mr. Michael Grassi made a motion to approve the case, Mr. Noros Martin
seconded. Mr. Medellin presented the case and stated staff had met with Mr. and
Mrs. Brown regarding placing a manufactured home on their property at 1006
Pecan Street.
The subject property is located in the east central area of Wichita Falls, near
Holliday Creek and Martin Luther King Jr. Boulevard. The surrounding adjacent
properties are all vacant lots. Mr. Medellin stated recently the Commission
approved a manufactured home only three blocks away from this subject property.
The manufactured home measures 31 ft. x 60 ft. with a total square footage of
1,860 sq. ft. Mr. Medellin stated the proposed site plan meets all setback
requirements.
Staff notified 27 property owners within the 200 ft. notification area and received
one response in return being in favor of this proposal. Mr. Medellin noted that there
are other manufactured homes in the area, outside the 200 ft. notification area.
Staff recommends approval of a conditional use for a manufactured home at 1006
Pecan Street with the following conditions.
1. A plat combining lots 2 & 3, Block A, Caskey's Subdivision must be
submitted, approved and recorded prior to the building permit issuance.
2. The manufactured home meets the requirements of Section 5600 for in-fill
manufactured housing of the zoning ordinance for manufactured housing.
3. The proposed home must comply with all applicable codes and
ordinances at the time of construction permitting.
Vice-Chairman Cook asked if the applicant was present and wished to make a
presentation. No comments given. Mr. Cook closed floor to the public and opened
to the Commission. Mr. Cook called for a vote. Motion passed unanimously with a
vote of 5-0.
IX. ADJOURN
The meeting adjourned at 2:24 p.m.
i 1.3N
David Cook, ice-Chairperson Date
ATTEST:
1 / 13/k)--1
Terry/F 6yd, Director of Development Services Date
Page 3 of 3
Agenda Item No.6.b
MINUTES
LANDMARK COMMISSION
SPECIAL MEETING
December 16, 2020
MEMBERS PRESENT:
Michele Derr • Chairperson
Christy Graham • Vice-Chairperson
Joel Hartmangruber • Member
Andy Lee • Member
Nadine McKown • Member
Marcela Trice • Member
Amy Gardner, Legal • City Staff
Karen Gagne, Planning Administrator • City Staff
Christal Ashcraft, Development Services Asst. • City Staff
MEMBERS ABSENT:
John Dickinson • Member
Blake Haney • P&Z Liaison
Janel Ponder Smith • Member
Tim Brewer • Council Liaison
Guests:
Shawn Wiltse, Applicant 1717 Hayes Street
I. Call to Order, Welcome and Introductions
Chairperson Michele Derr called the meeting to order at 11:59 a.m. Ms. Derr had
Commission members, staff and guests introduce themselves.
II. Action Item: Design Review — 1717 Hayes Street (West Floral Heights Historic District)
• Replacement Fence
Increase Height; Install 8 Foot Fence; Board on Board; Top Rail; Panels Along
North Property Line
Ms. Karen Gagne presented the case and stated the subject property was located in the
very southwest portion of the West Floral Heights Historic District, on the corner of Hayes
St and Ave H. Mr. Shawn Wiltse is the owner of 1717 Hayes Street, a Tudor style home
on a double lot and is requesting to increase the height of a replacement fence. Ms. Gagne
stated the fence was constructed of masonry and wood and not original to the property but
old enough to have sever deterioration. The owner had already removed the existing
wooden privacy fence when it was decided that he would like to increase the height of fence
and at that time contacted staff.
There are civil concerns between the owners of abutting properties at 1717 Hayes and
1711 Hayes which have the subject fence along a shared north/south property line. The
subject fence/footer is to be placed completely on the property owned by 1717 Hayes (Mr.
Wiltse). Staff referenced photos provided by the applicant in the meeting packet and power
point illustrating where the pickets had deteriorated and neighbors have stuffed materials
Page 1 of 2
Agenda Item No.6.c
Landmark Commission 2 December 16,2020
into the broken areas. Mr. Wiltse had informed staff he requested the increased fence
height of 8ft. with masonry footer to avoid visibility of nasty notes on the windows of the
neighboring home where they have a common side property line. He stopped work on the
fence when he realized an approval would be needed (Landmark and Building Inspection).
Staff stated due to the amount of deterioration (age, termite damage and rot), the fence
and wooden support posts were beyond repair and would need to be replaced. The owner
has agreed to replace fence with like materials selecting a cedar fence with board on board
and top rail design, replacement concrete footer and use of metal support posts for greater
stability and less potential for deterioration. Staff commented that potential approval of the
request should not negatively impact the historical character of the home.
Ms. Gagne introduced the owner/applicant, Mr. Wiltse, and turned the floor over to him.
Mr. Wiltse stated he didn't have anything further to add but would be happy to answer any
questions from the Commission. Ms. Marcela Trice asked for clarification on the location
of the fence to be replaced. Mr. Wiltse explained the location. Chairperson Derr asked if
there were any other questions or comments. Ms. Christy Graham made a motion to
approve the request as outlined with Mr. Joel Hartmangruber seconding the motion. The
motion was passed unanimously.
III. Other Business:
a) Monthly Reports
Depot Square:
Ms. Derr gave updates:
• Dec. 18th & 19th — Kell House — Candlelight Tours
• Dec. 19th & 20th — Kell House — Santa House
• Dec. 19th — Holiday Market at the Farmer's Market
• Dec. 19th—Wichita Theater: Home for the Holidays;Dec 20th—An Elvis Kind of Christmas
• Former Eastern Treasures building renovations (Ohio) moving ahead & look good.
West Floral Heights:
Mr. Andy Lee stated no announcements.
b) Updates:
• 713 Indiana - Ms. Gagne gave a brief update regarding the city council public hearing
for demolition on Dec. 15th that included 713 based on documented building
conditions. Council approved the demolition order and owners (713 Indiana LLC)
have a set timeline to comply.
• First United Methodist Church - Ms. Gagne stated the THC/Landmark authorized
major rehab/maintenance project had begun with many permit requests to the city.
c) Design Review — Staff Authorized — Minor Alteration/Repairs
• 1407 Buchanan (West Floral Heights) — replacement roofing; composition
• 1410 Grant (West Floral Heights) — interior remodel
• 1708 Grant (West Floral Heights) — replacement roofing; composition/change color
• 909 10th Street (CWF/RTHL Landmark) — FUMC — HVAC replacement
IV. Adjourn
Next regularly scheduled meeting Jan. 26, 2021 - 12 p.m. Meeting adjourned at 12:13 p.m.
itt,i cm, __. icoel . 2,1 2_624
Michele Derr, Chairperson Date
Page 2 of 2
Agenda Item No.6.c
MINUTES OF THE
WICHITA FALLS ECONOMIC DEVELOPMENT CORPORATION
December 21, 2020
Present:
David Toogood, Vice-President § Members
Phyllis Cowling, Secretary-Treasurer §
Brent Hillery §
Darron Leiker §
Paul Menzies,Assistant City Manager § City Administration
R. Kinley Hegglund, Jr., City Attorney §
Linda Merrill, Recording Secretary §
Henry Florsheim, President and CEO § CCI
David Leezer, V.P, Business Attraction §
Absent:
Leo Lane, President § Member'
1. Call to Order
David Toogood called the meeting to order at 3:00 p.m.
2. Discussion and possible action related to Panda Biotech performance agreement
Henry Florsheim reminded the Board that at its December 8 meeting, it approved $2
million to Panda Biotech tied to certain benchmarks to be met by the company. Unfortunately,
Panda Biotech said they need funding now, which had never been explicitly expressed. The
company has requested a $1 million loan against approximately $2 million of equipment. Once
the bonds are sold,they would repay this loan.
The Board could then restructure the incentive agreement. Despite approval by the Board
and ratification by the City Council,the original agreement was never executed. Kinley Hegglund
noted the company still wants financial assistance for the rail spur repair and a cash for jobs
agreement. Mr. Florsheim added that this is an additional $1 million loan on top of the incentive
request, but it would have to be repaid prior to Panda Biotech receiving any incentive benefits
and those benefits would be contingent upon the benchmarks noted at the last Board meeting.
Brent Hillery asked the start and end dates of this bridge loan, and what penalties the
company would face if the loan is not timely repaid. Mr. Florsheim said the loan is needed as soon
as possible. Ms. Cowling suggested the loan have a certain end date, so that it would be a no-
interest loan through a definite period of time. Mr. Leiker agreed, stating it would be simplest to
' Mr. Lane has a conflict of interest in discussing any potential agreements involving Panda Biotech. As that was
the only item on today's agenda, Mr. Lane recused himself from the meeting.
1
Page 1 of 2
Agenda Item No.6.d
identify the loan as being payable within 30 days after Panda Biotech receives bond proceeds to
no later than six months from the date of issuance. He asked what would happen if the June date
comes and goes with no bond proceeds. City Attorney Kinley Hegglund said there would be a
myriad of options available to the Board.
Mr. Toogood noted he had spoken with the Texas Bond Review Board in Austin. They
confirmed to him that Panda Biotech had applied for this year's lottery system. The company is
high enough on the list to be expected to receive the full $100 million allocation. Once the state
sends the allocation, it is up to the company to sell the bonds.
3. Consent Agenda —approval of minutes of December 8, 2020
Ms. Cowling moved for approval. Seconded by Mr. Leiker, the motion carried 4-0.
4. Executive Session
Mr.Toogood adjourned the meeting into executive session at 3:14 p.m.pursuant to Texas
Government Code §§55I.072 and 551.087. He announced the meeting back into regular session
at 3:48 p.m.The subjects posted in the Notice of Meeting were deliberated,and no votes or further
action was taken on the items in executive session.
5. Motion(s)
Panda Biotech
Mr. Leiker moved to approve the following:
1. An amended performance agreement with Panda Biotech to include a $1 million
forgivable loan over a five-year period,upon satisfaction of legal collateral totaling the
amount shown in the Laroche invoice presented at the Board's December 8 meeting.
2. The second $1 million payment shall be folded into the cash for jobs portion of the
incentive agreement
3. Such funding is contingent upon the execution by Panda Biotech, LLC of a PILOT
agreement.
4. The incentives for relocation and rail spur repair remain as originally contemplated.
Seconded by Ms. Cowling, the motion carried 4-0.
6. Adjourn
The meeting adjourned at 3:50 p.m.
Leo Lane, President
2
Page 2 of 2
Agenda Item No.6.d
CITY COUNCIL AGENDA
February 2, 2021
ITEM/SUBJECT: Ordinance establishing a Downtown Property Maintenance District
and adopting portions of the 2015 International Property
Maintenance Code to be applied to said District by amending
Chapter 22 of the Code of Ordinances by creating Article XIV;
providing a repealer clause; providing for inclusion; providing for
severability; and setting an effective date.
INITIATING DEPT: Development Services
STRATEGIC GOAL: Redevelop Downtown
STRATEGIC OBJECTIVE: Implement the Downtown Master Plan
COMMENTARY:
• March 2017 — City Council sets redevelopment of Downtown as a Strategic Plan
goal; establishes the creation of a comprehensive Downtown Master Plan as a
goal objective.
• April 2017 — City Council appoints Downtown Steering Committee (DISC) with
primary charge of creating a Downtown Master Plan
• August 2018 — DTSC recommends 13-point plan to City Council
• September 18, 2018 - City Council approves Downtown Master Plan and
recommendations of the DTSC
• February 2019 —_Volunteer group of Downtown owners/stakeholders began
meeting with City staff to formulate minimum Property Maintenance Standards
• March 2019 — City Council continues redevelopment of Downtown as a Strategic
Plan goal; establishes the implementation of the Downtown Master Plan as a goal
objective.
• September 2019 — DTSC completes charge as directed by Council.
• January- June 2020 —Volunteer working group of Downtown owners/stakeholders
begin meeting to develop/finalize Downtown Property Maintenance Code (PMC)
and other associated ordinances (Vacant Structure Registration Ordinance).
• December 1, 2020 — Virtual public forum held to discussed proposed Downtown
Property Maintenance Code and Vacant Structure Registration Ordinance.
• January 5, 2021 — Staff report regarding status of PMC, Vacant Structure
Registration Ordinance (VSRO) presented to City Council
• February 2, 2021 — PMC and VSRO presented to City Council for consideration
and possible adoption.
• October 1, 2021 — If adopted by City Council, ordinance becomes effective.
PAGE 1 OF 9 PAGES
AGENDA ITEM NO. 7.A
Background:
Beginning in March 2017, City Council set a Strategic Plan goal of "Redevelopment
of Downtown"during their annual retreat. Within that goal, the Council also established
the creation of a comprehensive Downtown Master Plan as one of the goal objectives.
In April 2017, the Council appointed a Downtown Steering Committee (DISC)
comprised of a number of Downtown stakeholders, tenants and city staff to begin work
on the master plan. The consulting firm of Freese and Nichols was hired to work with
the DISC and associated subcommittees on the master plan development for Council
consideration and approval. The DISC and city staff worked with Freese and Nichols
for over a year, and recommended the 13-point plan to the City Council in August
2018.
In September 18, 2018, the Wichita Falls City Council approved recommendations of
the DISC and directed staff to begin implementation of those approved
recommendations. One of the recommendations approved by City Council included
enhanced property maintenance in the defined greater downtown area. Upon City
Council approval, staff was directed to seek a greater downtown property
maintenance code (PMC), which ultimately included the development of a Vacant
Structure Registry Ordinance (VSRO) as a key element, from among various
alternatives presented to help establish a higher level of property maintenance in the
greater downtown area. This enhanced maintenance is designed to help prevent
further deterioration and neglected maintenance of buildings and properties that have
plagued downtown for decades.
Initial committee/staff work on the PMC/VSRO began in February 2019, but due to a
vacancy in the Development Services Director position beginning shortly thereafter,
progress on the code stalled. Following the hiring of a new director in September 2019,
staff re-established a working group of Downtown property owners, the Director of
Downtown Wichita Falls, Inc., Planning Commission members and city staff to review
previous work on the PMC/VSRO and finalize an ordinance for Council consideration
and future implementation. The new working group began work in January 2020, but
public meetings to discuss the proposed ordinances stalled due to the COVID-19
crisis. On December 1, 2020, staff and the working group held a virtual forum to
present the ordinance and answer any questions from downtown property owners
and/or the general public. Questions from the forum and subsequent feedback
following the meeting was generally positive and questions were minimal.
Property Maintenance Code Draft:
The property maintenance code in the greater downtown area is intended to be
applied only to non-residential properties that comprise the greater downtown area.
The PMC seeks to reach and maintain property compliance by:
• Ensuring Building Security
• Safe Structural Elements of the Building (such as exterior walls, balconies, porches, signs,
PAGE 2 OF 9 PAGES
AGENDA ITEM NO. 7.A
• Doors and Windows are repaired and able to be secured
• Roofs Free from Defects and Drain Properly
The proposed ordinance consists primarily of Chapter 3 of International Property
Maintenance Code (IMPC)which guides exterior maintenance of a structure. Although
the International Property Maintenance Code in its entirety regulates many other
aspects of property maintenance, the focus from previous recommendations and input
has been primarily on exterior maintenance for the downtown area. The included
IMPC sections cover areas of property maintenance that are not covered in current
City ordinances and regulations.
A brief description of the sections of Chapter 3 of the IMPC that are included in the
proposed ordinance are listed below:
Section 301
• Outlines exterior of property (extent of code); maintenance of premises
Section 302
• Grading and drainage of property
• Weeds
• Maintenance of accessory structures on the property
Section 304
• Protective treatment of exterior services in good condition and siding, masonry joints
are maintained to be water/weather-resistant
• Structural members are capable of maintaining loads
• Foundations are structurally sound
• Exterior walls are maintained in a secure and structurally sound manner
• Roofs and roof drains are weather-tight and drain properly
• Decorative features are secure and anchored safely
• Doors and windows can be secured and are weather tight
• Stairways, decks, porches and balconies are maintained in a structurally sound
manner
• Handrails and guards can support loads
Compliance with the Downtown PMC will be the responsibility of the listed property owner,
and the City's Code Enforcement and Building Inspections Divisions will be responsible
for working with property owners to achieve compliance and ensuring continued
compliance. If approved by Council, staff will begin work of assessing properties, working
with property owners on compliance measures, training staff on the code and developing
internal tracking systems throughout the next eight (8) months. Full implementation of the
code will begin in early October to coincide with the new fiscal year.
Staff recommends approval of the ordinance.
® Assistant City Manager ® Department Director
ASSOCIATED INFORMATION:
PAGE 3 OF 9 PAGES
AGENDA ITEM NO. 7.A
® Budget Office Review
® City Attorney Review
® City Manager Approval
PAGE 4 OF 9 PAGES
AGENDA ITEM NO. 7.A
Ordinance No.
Ordinance establishing a Downtown Property Maintenance District
and adopting portions of the 2015 International Property Maintenance
Code to be applied to said District by amending Chapter 22 of the Code
of Ordinances by creating Article XIV; providing a repealer clause;
providing for inclusion; providing for severability; and setting an
effective date
WHEREAS, City Council has previously determined the redevelopment of downtown was
part of the City's long term Strategic Plan; and,
WHEREAS, a volunteer working group of Downtown owners/stakeholders met to develop
and finalize Downtown Property Maintenance Code; and,
WHEREAS, this ordinance amendment provides for a Property Maintenance Code for the
downtown commercial areas as defined by the Downtown Property Maintenance District;
and,
WHEREAS, staff has incorporated the proposals of the volunteer working group to create
a Property Maintenance Code; and,
WHEREAS, staff believes this Property Maintenance Code will help increase community
life safety as well as beautify downtown as part of the City's long term Strategic Plan; and,
WHEREAS, the City Council concurs with staff's recommendation to amend the Code of
Ordinances at Chapter 22, creating Article XIV, Division 1, and Division 2.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
Chapter 22 of the Wichita Falls Code of Ordinances is hereby amended by the addition
of language in creating Article XIV, Division 1, and Division 2 which shall hereafter read
as follows:
ARTICLE XIV. — Downtown Property Maintenance District
PAGE 5 OF 9 PAGES
AGENDA ITEM NO. 7.A
Division 1 — Boundaries and Map
Sec. 22-731. District Boundaries
(a) The Downtown Property Maintenance District shall include all areas within
the boundaries of the following:
Starting at the northeast corner of Broad Street and Wichita River
Trail, heading east following the north side of the Wichita River Trail to
intersection of the Wichita River Trail and the BSNF railroad;
Continuing South following the west side of the BSNF railroad to the
intersection of BSNF railroad and Ohio Avenue to the intersection of Ohio
Avenue and 6th Street;
Continuing East along 6th street to the intersection of 6th Street and
the alley to the intersection of 7th street and La Salle;
Continuing East along 7th street to the intersection of 7th street and
the west side of the BNSF railroad;
Continuing south along the west side of the BNSF railroad to the
intersection of the BNSF railroad and Spur 447 Overpass;
Continuing southeast along the northern side of Spur 447 Overpass
as it transitions into Kell Boulevard to the intersection of Kell Boulevard and
east side of Central East Freeway;
Continuing north along the east side of Central East Freeway as it
transitions into Broad Street to the intersection of Broad Street and the
Wichita River Trail.
PAGE 6 OF 9 PAGES
AGENDA ITEM NO. 7.A
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Secs. 22-732 — 22-740 Reserved.
Division 2 — Downtown Property Maintenance Code
Sec. 22-741. - Adopted.
The following portions of the 2015 International Property Maintenance Code,
published by the International Code Council, are adopted by reference as though they
were copied fully in this section:
(a) Chapter 3.
Sec. 22-742. —Applicability
This article shall only apply to Downtown Property Maintenance District, generally
described in Division 1 , Sec 22-731 . This article does not apply to single-family structures,
duplexes and accessory structures located on their associated lots within the area.
Sec. 22-743. - Changes, deletions and amendments.
The following changes, deletions and amendments are made to the specified
sections in the 2015 International Property Maintenance Code adopted in Section 22-741 .
Where an adopted section of the 2015 International Property Maintenance Code has not
PAGE 7 OF 9 PAGES
AGENDA ITEM NO. 7.A
been changed, deleted, or amended by this ordinance, it is adopted as worded in the
2015 International Property Maintenance Code.
The following sections or subsections are deleted in the entirety:
• Section 302.1 Sanitation,
• Section 302.3 Sidewalks and Driveways,
• Section 302.5 Rodent harborage,
• Section 302.6 Exhaust Vents,
• Section 302.8 Motor Vehicles,
• Section 302.9 Defacement of property,
• All of Section 303 Swimming Pools, Spas and Hot tubs,
• Section 304.3 Premises identification,
• Section 304.14 Insect screens,
• Section 304.18 Building security,
• All of Section 305 Interior Structure
• All of Section 306 Component serviceability,
• All of Section 307 Handrails and guardrails,
• All of Section 308 Rubbish and garbage,
• All of Section 309 Pest Elimination.
Sec. 22-744. — Modification Procedure
(a) Where existing conditions require a modification from the standards and
regulations herein contained because of a distinct and unusual condition that
does not prevail on other properties located in the Downtown Property
Maintenance District, the Director of Development Services, hereinafter
Director, may approve a modification from specific standards to permit the
equitable treatment of the structure or tract in light of the unusual condition.
(b) The Director may authorize a modification from these regulations when in
his/her opinion deprivation of use of the property will result from requiring strict
compliance. The applicant shall have the responsibility of proving that the strict
application of this ordinance creates a deprivation of use of property. The
following conditions must be present for consideration:
1. There are special circumstances or conditions affecting the property
involved such that the strict application of the provisions of this
chapter would deprive the applicant of the reasonable use of his
property; and,
PAGE 8 OF 9 PAGES
AGENDA ITEM NO. 7.A
2. The granting of the modification will not be detrimental to the public
health, safety or welfare, or injurious to other property in the area;
and,
3. The granting of the modification will not have the effect of preventing
the orderly subdivision of other properties in the area in accordance
with the provisions of City Code; and,
4. A more appropriate solution exists which is not currently allowed in
this chapter; and,
5. The granting of the modification is harmonious with the engineered
design of the infrastructure or structure on adjacent property
(c) The modification may be granted only when in harmony with the general
purpose and intent of this chapter so that the public health, safety, and welfare
may be secured and substantial justice is done. Economic hardship to the
applicant shall not be deemed to constitute a deprivation of use.
(d) In granting a modification, the Director may require such conditions as will, in
his/her judgment, secure substantially the objectives of the standards or
requirements so varied or modified and maintain the spirit and intent of the
standards herein set forth
Sec. 22-745 — 22-755 Reserved
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
2. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
3. It is the intention of the City Council of the City of Wichita Falls, Texas, that
the provisions of this ordinance shall become a part of the Code of Ordinances of the City
of Wichita Falls, Texas, and that sections of this ordinance may be renumbered or
relettered to accomplish such intention.
4. Should any word, phrase, paragraph, section or portion of this ordinance or
the Code of Ordinances, as amended hereby, be held to be void or unconstitutional, the
same shall not affect the validity of the remaining portions of said ordinance or the Code
of Ordinances, as amended hereby, which shall remain in full force and effect.
5. This ordinance shall become effective on October 1, 2021.
PASSED AND APPROVED this the 2nd day of February, 2021.
MAYOR
ATTEST:
PAGE 9 OF 9 PAGES
AGENDA ITEM NO. 7.A
CITY COUNCIL AGENDA
February 2, 2021
ITEM/SUBJECT: Ordinance establishing a Vacant Structure Registry for the Greater
Downtown Area by amending Chapter 22 of the Code of Ordinances
by amending Article XIV; providing a repealer clause; providing for
inclusion; providing for severability; and setting an effective date.
INITIATING DEPT: Development Services
STRATEGIC GOAL: Accelerate Economic Growth
STRATEGIC OBJECTIVE: Revitalize Depressed and Declining Neighborhoods
COMMENTARY:
• March 2017 — City Council sets redevelopment of Downtown as a Strategic Plan
goal; establishes the creation of a comprehensive Downtown Master Plan as a
goal objective.
• April 2017 — City Council appoints Downtown Steering Committee (DISC) with
primary charge of creating a Downtown Master Plan
• August 2018 — DTSC recommends 13-point plan to City Council
• September 18, 2018 - City Council approves Downtown Master Plan and
recommendations of the DTSC
• February 2019 — Volunteer group of Downtown owners/stakeholders began
meeting with City staff to formulate minimum Property Maintenance Standards
• March 2019 — City Council continues redevelopment of Downtown as a Strategic
Plan goal; establishes the implementation of the Downtown Master Plan as a goal
objective.
• September 2019 — DTSC completes charge as directed by Council.
• January- June 2020 —Volunteer working group of Downtown owners/stakeholders
begin meeting to develop/finalize Downtown Property Maintenance Code (PMC)
and other associated ordinances (Vacant Structure Registration Ordinance).
• December 1, 2020 — Virtual public forum held to discuss proposed Downtown
Property Maintenance Code and Vacant Structure Registration Ordinance.
• January 5, 2021 — Staff report regarding status of PMC, Vacant Structure
Registration Ordinance (VSRO) presented to City Council
• February 2, 2021 — PMC and VSRO presented to City Council for consideration
and possible adoption.
• October 1, 2021 — If adopted by City Council, ordinance becomes effective.
Background:
Beginning in March 2017, City Council set a Strategic Plan goal of "Redevelopment
of Downtown"during their annual retreat. Within that goal, the Council also established
the creation of a comprehensive Downtown Master Plan as one of the goal objectives.
In April 2017, the Council appointed a Downtown Steering Committee (DTSC)
PAGE 1 OF 10 PAGES
AGENDA ITEM NO. 7.B
comprised of a number of Downtown stakeholders, tenants and city staff to begin work
on the master plan. The consulting firm of Freese and Nichols was hired to work with
the DTSC and associated subcommittees on the master plan development for Council
consideration and approval. The DTSC and city staff worked with Freese and Nichols
for over a year, and recommended the 13-point plan to the City Council in August
2018.
In September 18, 2018, the Wichita Falls City Council approved recommendations of
the DTSC and directed staff to begin implementation of those approved
recommendations. One of the recommendations approved by City Council included
enhanced property maintenance in the defined greater downtown area. Upon City
Council approval, staff was directed to seek a greater downtown property
maintenance code (PMC), which ultimately included the development of a Vacant
Structure Registry Ordinance (VSRO) as a key element, from among various
alternatives presented to help establish a higher level of property maintenance in the
greater downtown area. This enhanced maintenance is designed to help prevent
further deterioration and neglected maintenance of buildings and properties that have
plagued downtown for decades.
Initial committee/staff work on the PMC/VSRO began in February 2019, but due to a
vacancy in the Development Services Director position beginning shortly thereafter,
progress on the code stalled. Following the hiring of a new director in September 2019,
staff re-established a working group of Downtown property owners, the Director of
Downtown Wichita Falls, Inc., Planning Commission members and city staff to review
previous work on the PMC/VSRO and finalize an ordinance for Council consideration
and future implementation. The new working group began work in January 2020, but
public meetings to discuss the proposed ordinances stalled due to the COVID-19
crisis. On December 1, 2020, staff and the working group held a virtual forum to
present the ordinance and answer any questions from downtown property owners
and/or the general public. Questions from the forum and subsequent feedback
following the meeting was generally positive and questions were minimal.
Vacant Structure Registration Ordinance:
The proposed Downtown Vacant Structure Registry Ordinance (VSRO)for the greater
downtown area. The VRSO in the greater downtown area is intended to be applied
only to non-residential properties that comprise the greater downtown area.
The purposes of a vacant property registration ordinance (VSRO) include:
• To ensure vacant properties owners are known to the City and can be contacted if
necessary
• To ensure that owners of vacant properties are aware of the obligations under relevant
City codes and regulations
• To ensure that owners meet minimum standards of maintenance of vacant properties
PAGE 2 OF 10 PAGES
AGENDA ITEM NO. 7.B
The proposed ordinance consists of sections and requirements related to the properties
defined as vacant in the greater downtown area. The ordinance defines a "structure" as
the constructed/built primary structure on the parcel.
"Vacant" structures are defined as habitable structures which:
• Are not currently occupied by a business or use
• Have an inactive City Utility account
• Used solely for the purpose of personal/business storage
• Actively listed for sale or lease for a minimum of 90 days
Registration requirements for parcels determined to be vacant by ordinance definition
have 90 days to register from date of written notice, which can be extended by the Director
if evidence of property listing.
Other registration requirements include:
• Address and legal description of property
• Name/contact information of property owner/corporate entity
• Contact information for local manager of the properties
• Proof of Liability Insurance — minimum $100K or surety for value of the
structure if insurance cannot be obtained
• Plan of Action Form (form provided by the City) - detailing timeline for
correcting violations, rehab, maintenance (while vacant) and future use of the
structure
• Complete floor plan of the property for use by first responders
• Completed annual interior inspection by Development Services Department
• Criminal trespass affidavits filed with WFPD & "No Trespass" placards posted
on property
• Written notice to the Director within 30 days if ownership or
• Contact information of either owner or designated property manager change
• Registration required until structure is occupied and in compliance with City
Codes/Ordinances
Vacant structures will be required to register annually with the City until the structure is
occupied and in compliance with the ordinance. An annual fee of $150 is proposed with
the ordinance, along with an annual inspection fee of $100. Waivers/reductions in fees
for certain provisions, early registration and/or compliance with the PMC are also included
in the ordinance.
Compliance with the Downtown PMC will be the responsibility of the listed property owner,
and the City's Code Enforcement and Building Inspections Divisions will be responsible
for working with property owners to achieve compliance and ensuring continued
compliance. A $500 maximum fine is also included in the ordinance, along with appeal
provisions that can be granted by the Development Services Director.
If approved by Council, staff will begin work of notifying property owners, assessing
properties, working with property owners on compliance measures, training staff on the
new ordinance and developing registration and internal tracking systems throughout the
PAGE 3 OF 10 PAGES
AGENDA ITEM NO. 7.B
next eight (8) months. Full implementation of the ordinance will begin in early October to
coincide with the new fiscal year. The first registrations will be due in January 2022.
Staff recommends approval of the ordinance.
® Assistant City Manager ® Department Director
❑ Budget Office Review
® City Attorney Review
® City Manager Approval
PAGE 4 OF 10 PAGES
AGENDA ITEM NO. 7.B
Ordinance No.
Ordinance establishing a Vacant Structure Registry for the Greater
Downtown Area by amending Chapter 22 of the Code of Ordinances
by amending Article XIV; providing a repealer clause; providing for
inclusion; providing for severability; and setting an effective date
WHEREAS, City Council has previously determined the redevelopment of
downtown was part of the City's long term Strategic Plan; and,
WHEREAS, a volunteer working group of Downtown owners/stakeholders begin
meeting to develop and finalize a vacant structure registration for commercial buildings
downtown; and,
WHEREAS, this ordinance amendment provides for a vacant structure registration
for the downtown commercial buildings; and,
WHEREAS, staff has incorporated the proposals of the volunteer working group to
create a Vacant Structure Registry; and,
WHEREAS, staff believes this Vacant Structure Registry will increase life safety
as well as help beautify downtown as part of the City's long term Strategic Plan and
provide for access to vacant structure owners to notify them of issues; and,
WHEREAS, the City Council concurs with staff's recommendation to amend the
Code of Ordinances at Chapter 22, creating Article XIV, Division 3.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
Chapter 22 of the Wichita Falls Code of Ordinances is hereby amended by the addition
of language in creating Article XIV, Division 3 which shall hereafter read as follows:
ARTICLE XIV. — Downtown Property Maintenance District
Division 3 — Vacant Structure Registration
Sec. 22-756- Definitions.
The following words, terms, and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Director. City of Wichita Falls Director of Development Services or designee.
Department. City of Wichita Falls Development Services Department.
Downtown. The Downtown Property Maintenance District as described in Section 22-
731 .
PAGE 5 OF 10 PAGES
AGENDA ITEM NO. 7.B
Indigent. An individual who meets the then currently poverty guidelines as set Federal
Register by the United States Department of Health and Human Services.
Owner. Any person, agent, firm, or corporation having a legal or equitable interest in
the property; or recorded in the official records of the state, county, or municipality as
holding title to the property; or otherwise having control of the property, including guardian
of the estate of any such person, and the executor or administrator of the estate of such
person if ordered to take possession of real property by a court.
Structure. That which is built or constructed as the primary structure on the parcel.
Vacant. Any habitable structure on the property that is not occupied by a business or
use as defined in the City of Wichita Falls Zoning Ordinance and/or matches any of the
following criteria:
1. Currently has an inactive City Utility account
2. Is used solely for the purpose of personal/business storage
3. Has been actively listed for sale or lease for a minimum of 90 days (unless
extended by the Director as outlined in Section 22-733 (a)
Sec. 22-757. —Applicability.
This ordinance shall be applicable to the following areas: Downtown as defined in Sec.
22-731. This article does not apply to single-family structures, duplexes and accessory
structures located on their associated lots within the district area.
Sec. 22-758. — Registration Requirements.
(a) The vacant structure property owner shall have ninety(90)days in which to register
from the date that written notice is issued to the property owner. Written notice
shall be issued to the vacant structure property owner by means of personal
service, and/or by first class mail to their last known address according to Wichita
County Appraisal District records, and by posting on the property. The Director
may consider evidence provided that the property is listed for sale or lease for fair
market value and for a reasonable length of time for purposes of extending the
length of time before the property must be registered.
(b) Upon the issuance of notice to register vacant structure, property owners shall
register with the Department and provide the following information:
1. The address and legal description of the property;
2. The current name, physical address, mailing address, telephone number,
and email information for any owner(s) with an ownership interest in the
property. Corporations or corporate entities shall submit the same
information pertaining to their registered agent;
PAGE 6 OF 10 PAGES
AGENDA ITEM NO. 7.B
3. The contact information for a local manager of the properties and/or
improvements located on said property, as applicable;
4. Proof of liability insurance, no less than one hundred thousand dollars
($100,000.00), for the property or a surety bond for the value of structure if
insurance cannot be obtained. Said value shall be the appraised value as
determined by the Wichita County Appraisal District;
5. A completed comprehensive plan of action form, provided by the
department, detailing a timeline for correcting violations, rehabilitation,
maintenance while vacant, and future use of the structure. The plan of
action must be updated annually;
6. A complete floor plan of the property for use by first responders in the event
of a fire or other catastrophic event;
7. A completed interior inspection performed by the Development Services
Department and payment of associated annual inspection fee.
8. Criminal trespass affidavits shall be filed with the Wichita Falls Police
Department by the property owner and said property owner shall post "No
Trespass" placards on the premises. Additional employment of security
services for the property for a specified number of hours every day may be
required by the Director on the basis of the property's history of code or
criminal violations; and,
9. Vacant structure property owners shall provide written notice to the Director,
including a copy of the deed, of a change in:
i. Ownership of the property.
ii. Contact information for either the owner or the designated manager.
iii. Written notice must be provided to the department no later than 30
days after said changes have occurred.
(c) Continued annual registration of the property by the vacant structure property
owner is required until said structure is deemed occupied and in compliance with
all relevant code requirements by the Director.
Sec. 22-759. — Registration Fees.
(a) Vacant structure property owners shall tender an annual registration fee with an
annual interior inspection fee set by separate ordinance. If necessary, the
registration fee shall be pro-rated for the first time a property is registered with the
city. Subsequent annual registration fees shall be due and postmarked no later
than January 31st of each year.
Sec. 22-760. — Property Manager or agent
PAGE 7 OF 10 PAGES
AGENDA ITEM NO. 7.B
(a) Vacant structure property owners must designate a local manager for said
properties and include the relevant contact information for the designated
manager upon registering the property with the department. Property managers
shall act as agents for the property owner for purposes of accepting legal service,
however, the vacant property owner remains personally liable in criminal
prosecutions for code violations.
(b) The property manager or agent must be available at the number listed at all times
in the event of an emergency or catastrophe. For all vacant properties: the name
and telephone number of the property manager or agent must be posted at the
front of the building, in large, legible print.
Sec. 22-761. — Fee Waivers
(a) All fee waivers must be applied for, using the forms provided, on an annual basis,
and are subject to approval by the Director. A fee waiver is only valid for twelve
(12) months.
(b) Property which has been devastated by a disaster such as fire or flood: The owner
has thirty (30) days to register from the date of the disaster but may be exempt
from the fees. This exemption is for the duration of one (1) year from the date of
the catastrophe; thereafter all applicable fees are due.
(c) A property owner who is indigent must register and is otherwise subject to this
article but may be exempt from the fees.
(d) Representatives of a property owner who is deceased or is no longer legally
competent must register the property and are otherwise subject to this article but
may be exempt from the registration fees.
(e) Where the owner of the property has obtained a building permit and is progressing
in an expedient manner to prepare the premises for occupancy, the owner must
register the property and is otherwise subject to this article but may be exempt
from registration fees and inspection fees.
(f) Where the property owner has maintained the property to the standards of the
International Property Maintenance Code, the owner must register but may be
exempt from registration fees.
Sec. 22-762. — Modification Procedure
(a) Where existing conditions require a modification from the standards and
regulations herein contained because of a distinct and unusual condition that
does not prevail on other properties located in the Downtown area, the Director
PAGE 8 OF 10 PAGES
AGENDA ITEM NO. 7.B
may approve a modification from specific standards to permit the equitable
treatment of the structure or tract in light of the unusual condition.
(b) The Director may authorize a modification from these regulations when in
his/her opinion deprivation of use of the property will result from requiring strict
compliance. The applicant shall have the responsibility of proving that the strict
application of this ordinance creates a deprivation of use of property. The
following conditions must be present for consideration:
1. There are special circumstances or conditions affecting the property
involved such that the strict application of the provisions of this
chapter would deprive the applicant of the reasonable use of his
property; and,
2. The granting of the modification will not be detrimental to the public
health, safety or welfare, or injurious to other property in the area;
and,
3. The granting of the modification will not have the effect of preventing
the orderly subdivision of other properties in the area in accordance
with the provisions of City Code; and,
4. A more appropriate solution exists which is not currently allowed in
this chapter; and,
5. The granting of the modification is harmonious with the engineered
design of the infrastructure or structure on adjacent property
(c) The modification may be granted only when in harmony with the general
purpose and intent of this chapter so that the public health, safety, and welfare
may be secured and substantial justice is done. Economic hardship to the
applicant shall not be deemed to constitute a deprivation of use.
(d) In granting a modification, the Director may require such conditions as will, in
his/her judgment, secure substantially the objectives of the standards or
requirements so varied or modified and maintain the spirit and intent of the
standards herein set forth.
Sec. 22-763. — Enforcement
(a) Written notice of violation will precede the issuance of a criminal citation, in which
the vacant property owner will be given a reasonable length of time, as determined
by the Director, to remedy the violation. Written notice shall be issued to the vacant
structure property owner by means of first class mail to their last known address
according to Wichita County Appraisal District records, and by posting on the
property.
PAGE 9 OF 10 PAGES
AGENDA ITEM NO. 7.B
(b) Failure to register with the Department after written notice to the vacant structure
property owner, as is hereinafter specified, is a violation of this article.
(c) Violation of this chapter is a Class C misdemeanor.
1. This is a strict liability offense in which no mental state is required.
2. The fine for this offense may not exceed five hundred dollars ($500.00).
Sec. 22-764-22-775. Reserved.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
2. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
3. It is the intention of the City Council of the City of Wichita Falls, Texas, that
the provisions of this ordinance shall become a part of the Code of Ordinances of the City
of Wichita Falls, Texas, and that sections of this ordinance may be renumbered or
relettered to accomplish such intention.
4. Should any word, phrase, paragraph, section or portion of this ordinance or
the Code of Ordinances, as amended hereby, be held to be void or unconstitutional, the
same shall not affect the validity of the remaining portions of said ordinance or the Code
of Ordinances, as amended hereby, which shall remain in full force and effect.
5. This ordinance shall become effective on October 1, 2021.
PASSED AND APPROVED this the 2nd day of February, 2021.
MAYOR
ATTEST:
PAGE 10 OF 10 PAGES
AGENDA ITEM NO. 7.B
CITY COUNCIL AGENDA
February 2, 2021
ITEM/SUBJECT: Resolution approving the programs and expenditures of the Wichita
Falls Economic Development Corporation (WFEDC) by amending
the budget for Fiscal Year 2020-21.
INITIATING DEPT: City Manager's Office
STRATEGIC GOAL: Accelerate Economic Growth
STRATEGIC OBJECTIVE: Support Implementation of the Economic Development Plan
COMMENTARY:
Timeline
• September 17, 2020 — WFEDC Board considers and approves FY 2021 budget
for the period October 1, 2020 — September 30, 2021;
• October 6, 2020 — City Council approves WFEDC FY 2021 budget;
• January 21, 2021 — WFEDC Board considers and approves FY 2021 mid-year
budget amendment;
• February 2, 2021 — City Council to consider ratifying WFEDC budget amendment.
Summary
Since the beginning of the fiscal year October 1, 2020, City and Chamber staff have
continued to monitor existing projects, analyze expenses to date, and have completed
the "close out" of FY 2020. In order to better reflect a "real time" picture of expenditures
and available funds, City staff has prepared the attached mid-year budget amendment
consisting of the following:
• A long-awaited new and easier to view budget format. The City's CFO Jessica
Williams will be at the meeting to answer any questions;
• Adjust the FY 2021 "Beginning Fund Balance" from Estimated Year End FY 2020
to Actual Year End FY2020. This results in most of the increase in unreserved
cash. In short, the WFEDC did not spend in FY 2020 as much as was anticipated
at the beginning of FY 2020;
• Move "ATCO Structures Operating Expenses" from Complete/Closed to Annual
Programs. FY 2021 budgeted amount is $60,000, and spent YTD is $6,645;
• Change "Downtown WF Development, Inc." FY 2021 budget from $95,650 to
$110,000 as approved by the Board and City Council;
• Move "Braun Intertec Environmental Study" from Open Projects to
Complete/Closed. The total of all associated contracts over several budget years
was —$345,000, and all has been spent;
• Change "Business Park" FY 2021 budget from $1,500,000 to $1,050,000. You'll
PAGE 1 OF 5 PAGES
AGENDA ITEM NO. 8.A
recall we told the Board and City Council we would "book" the project on the
contract amounts which weren't exactly known at the time (D&E = $995,000 +
Geotech $25,000). That amount will also leave a bit of wiggle room ($30,000) in
the event something related to the approved work arises. This results in a net of
$450,000 back in to unreserved cash;
• (1) Move "Chamber: Employee Recruitment Program" from Open Projects to
Annual Programs, and (2) reduce FY 2021 budgeted amount from $200,000 to
$50,000 with YTD spent remaining the same. The Chamber had originally
requested this during the FY 2021 budget review process;
• Close out "Cryovac (UPS and Printer Labeling)" project. This will also unencumber
about $78,000 in unspent funds;
• Close "Opportunity Strategies" project.
In total, the proposed mid-year budget amendment results in a net increase in the
WFEDC's estimated FY 2021 unreserved fund balance to approximately $7.4M,
assuming flat sales tax revenue the rest of the fiscal year.
Texas statute related to Type A Economic Development Corporations requires the City
Council approve all expenditure and programs of the corporation.
The WFEDC Board and City staff recommend approval of the resolution.
® Assistant City Manager
ASSOCIATED INFORMATION: Resolution, WFEDC FY 2021 Mid-year Budget
Amendment
® Budget Office Review
® City Attorney Review
® City Manager Approval
PAGE 2 OF 5 PAGES
AGENDA ITEM NO. 8.A
Resolution No.
Resolution approving the programs and expenditures of the Wichita
Falls Economic Development Corporation by amending the budget for
Fiscal Year 2020-2021
WHEREAS, Texas Local Gov't Code §501.073(a) provides "The corporation's
authorizing unit will approve all programs and expenditures of a corporation and annually
review any financial statements of the corporation"; and,
WHEREAS, on January 21, 2021, the Wichita Falls Economic Development
Corporation's Board of Directors approved the attached 2020-21 Budget amendment;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The programs and expenditures described in the attached Fiscal Year 2020-21
WFEDC Budget amendment of the Wichita Falls Economic Development Corporation
(WFEDC) are hereby approved.
PASSED AND APPROVED this the 2nd day of February, 2021.
MAYOR
ATTEST:
City Clerk
PAGE 3 OF 5 PAGES
AGENDA ITEM NO. 8.A
City of Wichita Falls,TX
411diern. s Economic Development Corporation
Financial Report
Current as of 01.12.21
FY 2020-21
Original Award FY 2020-21 Revised Budget YTD Actual
Original Budget
Budgeted EFB 09.30.2020 9,984,167
Actual EFB 09.30.2020 14,826,218 14,826,21B
Revenues
Sales Taxes $ 3,891,649 $ 3,891,649 $ 660,198
Other Rents(ATCO Lease) - - -
Reimbursements(Amfuel,Carter,Chamber) 200,000 200,000 -
Interest 102,711 102,711 6,710
Total Revenues: $ 4,194,360 $ 4,194,360 $ 666,908
Expenditures
Closed Projects:
Stanley ATCO Marketing Plan S 2.2,859.00 5 22,859.00
Cryovae(LIPS and Printer Labeling)(1) 1,250,000 1,167,749 1,167,743
Opportunities Strategies(2) 20,000.00 - -
Braun Intertec Environmental Study(3) 345,000 6,675 6,675
Closed Project Total: 1,615,000 S - S 1,197,283 $ 1,197,283
Annual Programs:
Ad Valorem Tax 5 100,000 $ 100,000 S 34,990
ATCO Structures Operating Expenses(4) - 60,000 6,645
Professional Fees 30,000 30,000 8,155
Chamber: Employee Recruitment Program(5) 50000O
CCI-Cont_(Marketing/Choose Wichita sep.
total S1,099,871) 1,004,871 1,004,871 245,481
Economic Development Marketing 92,500 92,500
SMAC 150,000 1513,000 37,500
Downtown WF Devlpmt,Inc.(6) 95,650 110,000 55,000
Business Park Maintenance 105,696 105,696
Water/Sewer Sanitation 5,500 5,500 1,487
Electricity 7,000 7,000 21
City Administrative Expense 60,000 60,000
WF Regional Airport Facilities(2033) 140,000 140,000
Choose Wichita Falls Program 2,500 2,500
Directors and Officers Insurance 5,000 7,419 7,419
Travel Expenses/Education Registration 240 240
Annual Program Total: $ 1,798,717 $ 1,925,726 $ 396,938
Open Projects:
Cryovac(LIPS and Printer Labeling)(1) $ 1,250,000 $ 1,.250,000
Opportunities Strategies(2) 20,000 181
Braun Intertec Environmental Study(3) 345,000 29,204
Business Park(7) 1,050,000 1,500,000 1,050,000
Chamber: Employee Recruitment Program(5) 184,000
DuPlooy Trucking 1,334,000 1,334,000 1,334,000
i_d_e.a Wichita Falls 50,000 50,000 50,000
MPEC/Hotel Parking Lot 497,500 497,500 497,500
Pamlico Air 2,278,200 772,200 772,200
Panda Biotech 2,800,000 2,800,000 2,800,000
Pratt&Whitney Technology 1,815,000 915,235 915,235
SAFB Gate Project(Phase II) 1,867,787 38.9,684 389,684
PAGE 4 OF 5 PAGES
AGENDA ITEM NO. 8.A
City of Wichita Falls,TX
Economic Development Corporation
Financial Report
Current as of 01.12.21
FY 2020-21
Original Award 12020-21 Revised Budget YTD Actual
Original Budget
Budgeted EFB 09.30.2020 9,984,167
Actual EFB 09.30.2020 14,826,218 14,826,218
Sharp Iron Recruitment 24,000 15,000 15,000
Tryer Processing 150,000 150,E 150,000
USA800 3,355,200 487,863 487,863
Open Project Total: 16,840,687 10,374,867 8,461,482 -
Total Expenditure: $ 12,173,583 $ 11,584,491 $ 1,594,221
Less Encumbrance for Projects $ 8,461,482
Revenues Less Expenditure $ (7,979,223) $ (7,350,131} $ (927,313)
Unrestricted FB $ 2,004,944 $ 7,436,087 $ 5,437,422
* Increase beginning fund balance to actual at year end,
1.Reflect payout of Cryovac contract,complete
2.Reflect completion of Opportunities Strategies Contract
3.Reflect completion of Braun Intertec Contract
4.Increase budget for ATCO Operating Structures from $0 to$60,000
5. Decrease Chamber Employee Recruitment from$184,000 remaining to$50,0000 and make a program not a project
6.Increase Downtown WF Development Program from 595,650 to$110,000
7.Decrease Business Park from$1,500,000 to$1,050,000
PAGE 5 OF 5 PAGES
AGENDA ITEM NO. 8.A
CITY COUNCIL AGENDA
February 2, 2021
ITEM/SUBJECT: Resolution approving the programs and expenditures of the Wichita
Falls Economic Development Corporation (WFEDC) by amending
the existing incentive agreement of up to $2,278,200 with Cleanaire,
LLC, dba Pamlico Air, related to their manufacturing facility in
Wichita Falls.
INITIATING DEPT: City Manager's Office
STRATEGIC GOAL: Accelerate Economic Growth
STRATEGIC OBJECTIVE: n/a
COMMENTARY:
Timeline
• November 7, 2019 — WFEDC approves an up to $2.278M incentive agreement
with Pamlico Air related to their investment in and operation out of the former
Stanley Tools Building;
• November 19, 2019 — City Council approves budget amendment facilitating
incentive agreement;
• January 21, 2021 — WFEDC approves an amendment to the original incentive
agreement;
• February 2, 2021 — City Council to consider approving change in incentive
agreement.
Summary
The original agreement approved by the WFEDC and City Council in 2019 was an up to
$2,278,200 commitment as follows:
1. $1,500,000 loan to be forgiven after 24 months if Pamlico Air creates
200 full-time primary jobs in the Wichita Falls facility within the first 12
months of operation; and
2. Skills Development Grant not to exceed $178,200 ($1,800/trainee) only
if such is not funded by another agency; and
3. An additional $3,000 per new employee that relocates from outside of
Wichita County and establishes permanent residency within Wichita
County. This incentive would be paid once the employee has been on
the job and has established residency in Wichita County for a minimum
of 6 months. The maximum amount for this incentive is $600,000.
As part of the original agreement, the $1.5M loan from the WFEDC to Pamlico has been
secured by a letter of credit (LOC) paid for and provided by Pamlico. The company
recently requested the WFEDC consider dropping the LOC requirement based on the
PAGE 1 OF 11 PAGES
AGENDA ITEM NO. 8.B
company's significant investment in the facility and personnel to date, freeing up capital
for additional investment. At their January 21, 2021 meeting, the WFEDC Board
considered and approved the request by unanimous vote. City Council approval of the
amendment is required as such represents a material change in the incentive agreement.
Approval of the request by the City Council does not affect the existing commitment or
budget for this project of up to $2,278,200.
Economic Development staff from the Chamber of Commerce will be in attendance at the
meeting to present the request and answer any questions.
Staff and the WFEDC Board recommend approval of this resolution.
® Assistant City Manager
ASSOCIATED INFORMATION: (1) Resolution, (2) information provided to WFEDC
® Budget Office Review
® City Attorney Review
® City Manager Approval
PAGE 2 OF 11 PAGES
AGENDA ITEM NO. 8.B
Resolution No.
Resolution approving the programs and expenditures of the Wichita
Falls Economic Development Corporation (WFEDC) by amending the
existing incentive agreement of up to $2,278,200 with Cleanaire, LLC,
dba Pamlico Air, related to their manufacturing facility in Wichita
Falls
WHEREAS, Texas Local Gov't. Code §501.073(a) provides "The corporation's
authorizing unit will approve all programs and expenditures of a corporation and annually
review any financial statements of the corporation"; and,
WHEREAS, on November 7, 2019, the WFEDC approved the Project listed below
and as stated in its agenda.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
1 . The Wichita Falls Economic Development Corporation's approval and funding
of the following program modification as described below and in said corporation's
agenda, are approved:
Pamlico Air Project:
• The waiver of the letter of credit requirement securing the 1 .5 million dollar loan.
PASSED AND APPROVED this the 2nd day of February, 2021 .
MAYOR
ATTEST:
City Clerk
PAGE 3 OF 11 PAGES
AGENDA ITEM NO. 8.B
WICHITA FALLS ECONOMIC DEVELOPMENT CORPORATION AGENDA
January 14, 2021
ITEM/SUBJECT: Pamlico Air request for Letter of Credit release
PROPOSED BY: Travis Haggard
ATTACHED: Pamlico Air Performance Agreement
COMMENTARY:
On December 19, 2019, the E.D.C. Board entered into a Performance Agreement with
Cleanaire, LLC, dba Pamlico Air. Pamlico Air is a new company to Wichita Falls, they
purchased the former Stanley Tools building. Pamlico Air manufacturers and assembles
air filters for residential, commercial, and industrial applications.
As part of the incentives within the Performance Agreement, Pamlico Air received a $1.5
million-dollar forgivable loan, that loan was secured with an irrevocable letter of credit,
hereinafter known as LOC). Pamlico Air pledged to hire 200 FTE's by October 1, 2021.
Currently Pamlico Air has 159 FTE's with an additional 115 Temp to Permanent
employees for a total of 274 currently employed at the facility.
CEO Travis Stephenson is asking for the EDC Board to release the LOC in order to free
up capital and allow them to invest more money into the Wichita Falls facility to hire
more people and purchase additional inventory and equipment.
Pamlico Air's investment to date:
Building $2,475,000.
Upfits(local contractor) $2,495,000.
Machinery& Equipment: $1,762,175.
Furniture& Fixtures: $54,942.
Leasehold Improvements: $133,124_
Total to date: $6,920,241.
Current Open Equipment POs $1,475,000.
2s
PAGE 4 OF 11 PAGES
AGENDA ITEM NO. 8.B
RECOMMENDATION:
From the inception of working with the Pamlico Air group they have done what they
said they were going t❑ do,when they said they would do it. They have been an
excellent, reputable, and reliable group to work with. The expansion plans and the new
customers they have brought on will continue to create new jobs in the Wichita Falls
facility. I would recom mend the EDC Board release the LOC to free up working capital
to insure the expansion and growth within the Wichita Falls facility.
Respectfully submitted,
Travis Haggard
Vice President of Business Retention and Expansion
Wichita Falls Chamber of Commerce
26
PAGE 5 OF 11 PAGES
AGENDA ITEM NO. 8.B
Performance Agreement between the Wichita Falls Economic Development Corporation
and Cleanaire,LLC,dba Pamlico Air for Incentives to Create Primary Jobs at
2801 Production Boulevard in Wichita Falls,Texas
This Performance Agreement ("Agreement") is entered into on December 19, 2019, by and
between the Wichita Falls Economic Development Corporation ("WFEDC"), a Texas development
corporation authorized under the Texas Development Corporation Act of 1979,Section 4A,("Act"),and
Cleanaire,LLC,dba Pamlico Air,a Delaware limited liability company("Company").
Whereas,the Act authorizes the WFEDC to contract with companies whose activities are defined
as manufacturing and classified as 33341.3 by the North American Industry Classification System
(NAICS);and
Whereas, Company seeks to open a facility to make stir filters at 2801 Production Boulevard,
Wichita Falls, Texas 76302-5920 in Wichita Falls, Texas (the "Facility"), and represents that the
Company's Facility will involve a capital investment of approximately $2,500,000,and employment of
approximately 200 net new fitll-time positions;and,
Whereas, Company and the WFEDC mutually find that the project could be located in
alternative facilities outside the Wichita Falls, Texas region, and is expected not to occur in the local.
area unless it receives the support and investment from the City of Wichita Falls and the use of Type A
sales tax proceeds;and,
Whereas, Company will secure specified obligations herein with a promissory note to the
WFEDC, secured by a 24-month irrevocable letter of credit which must be approved by WFEDC legal
counsel.
Now, therefore, be it resolved,subject to the approval of the Wichita Falls City Council and the
execution of subsequent agreements to memorialize and obligate funds provided hereunder in the form
to be provided by the WFEDC,the parties agree as follows:
Definitions. As used in this Agreement,the following terms have the following meanings:
"New Position" means a permanent, full-time, Company, benefit-eligible employee working at
least 37.5 hours per week at the Facility who receives full-time wages paid by Company for a period of
at least 6 months at the Facility. To be a New Position, an employee must represent an increase in the
total, permanent level of employment at the Facility. Positions shall not be considered New Positions if
they replaced occupants of New Positions or full-time positions from an earlier reduction in the number
of full-time employees in Wichita County. New Positions must be Primary Jobs. Additionally, New
Positions will only be considered New Positions to the extent their additions increase the total
employment level by Company at the Facility at the time of the initiation of this agreement.
"Payroll Statement"means(i)a written statement setting forth the monthly,quarterly and annual
(as applicable) payroll at the Facility and the amount of wages paid to each full-time employee at the
Facility, and (ii) such other documentation as reasonably determined to be necessary by the WFEDC to
verify the number of New Positions created and continuing financial condition of the Company. Such
other documentation that Company may be required to provide to the WFEDC shall include compiled.
income and expense statements for each quarter, balance sheets effective at the end of each quarter, and
copies of the Company's tax returns, income statements, state unemployment tax submissions, and
PAGE 6 OF 11 PAGES
AGENDA ITEM NO. 8.B
federal unemployment tax submissions. The aforementioned documents may be redacted, modified, or
summarized by Company as reasonably necessary to protect the privacy of individuals and prevent the
disclosure of the Company's confidential and/or proprietary information.
"Primary Job"means a primary job as defined in Texas Local Gov't Code 501.002.
Incentives:
A. Loan; WI+'EI)C's Total Maximum Obligation: $1,500,000
The WFEDC agrees to provide to Company a loan of $1,500,000.00 that. the WFEDC will
forgive in its entirety if Company meets its obligations as set out in this Agreement.Prior to funding this
financing,Company shall execute and deliver a Promissory Note and related 24-month irrevocable letter
of credit, with an expiration date of December 20,2021.
1. Forgiveness of Loan. Company shall pay back this loan by paying a one-time
final payment of $1,500,000.00 in its entirety on or before October 1, 2021.
Should Company create and maintain the 200 New Positions at its Wichita Falls
Facility,the loan will be forgiven in its entirety. Should Company fail to create or
fail to maintain the 200 New Positions, Company will pay all or a portion of the
loan payment then due as follows: $1,500,000 — (1,500,000 x Actual Jobs
Created/200). Should Company fail to pay to WFEDC the loan payment due
October 1, 2021, the WFEDC will have the absolute right to demand payment of
monies due via the letter of credit, and Company will have no right to object to
said demand. This right does not limit the WFEDC's other remedies under this
agreement.
2. Documentation. On a quarterly basis, Company shall submit a Payroll Statement
and other documentation as required by the WFEDC.
Terms of Payment(principal and interest); The Principal Amount will be due
and payable in one final payment of$1,500,000 on October 1,2021,
Loan Disbursements: The WFEDC may disburse the loan amount to Company
at the time all agreements are signed and the letter of credit has been received and
approved. Such disbursements shall not exceed$1,500,000.
B. Skills Development Training Funds: WFEDC's Total Maximum Obligation:
$.178,200
An application to the Texas Workforce Commission has been made for a Skills Development
Fund grant. If the grant is not funded by the Texas Workforce Commission or other government entity in
an amount of at least $178,200, then the WFEDC will provide funding for training under the grant
conditions in an amount sufficient to make up the amount of funds not provided,in a total amount not to
exceed the lower of(1) the amount to be provided if the grant were successfully funded, (2) $1,800 per
trainee, or(3)$178,200. This reimbursement does not include the wages of the trainees, but can include
the wages of Company employees involved in the training of those employees. The WFEDC funds will
be paid to Company within thirty (30) days from written request by Company upon completion of
2
PAGE 7 OF 11 PAGES
AGENDA ITEM NO. 8.B
employee training. With each written request, Company will provide WFEDC with the information as
further detailed in Exhibit A.
C. Employee Relocation Assistance: WEEDC's Total Maximum Obligation: $600,000
Company will be eligible for a $3,000 per employee payment if the Company recruits employees
from outside of Wichita County and said employee relocates to Wichita County and remains a resident
of Wichita County for a minimum of six months. This incentive will be paid to Company after the sixth
consecutive month of employment and upon acceptable documentation of employment and residency.
D. General Conditions:
1. Maintenance of Operations. The WFEDC intends for any incentives to be used
to ensure that Company operates in Wichita Falls. In addition to other repayment
provisions herein, if Company ceases operations in Wichita Falls prior to 12
months from the date of receipt of any incentives payment, Company shall,within
60 days,repay the WFEDC the full amount of the applicable incentive paid by the
WFEDC to Company.
2. Use of Proceeds. Company agrees to use all of the funds received from WFEDC
pursuant to this Agreement for(or as reimbursement for) the "costs" (as that term
is defined in Tex. Loc. Gov't Code Aim. § 501.152, as of the date of this
Agreement) of this project related to the creation or retention of primary jobs as
provided by Tex.Loc. Gov't Code Ann. § 501.101.
3. Compliance with Tex. Gov't Code § 2264.001. In accordance with Tex. Gov't
Code §§ 2264.001 through 2264.101, Company does not and will not knowingly
employ an undocumented worker during the term of this Agreement in violation
of Texas or federal law. If, during the term of this Agreement, Company or a
branch, division, or department of Company is convicted of a violation under 8
U.S.C. Section 1324a(f), Company shall repay the entire amount of the public
subsidy with the addition of interest at the rate of 5% simple annual interest as
required by Tex. Gov't Code § 2264.053, not later than the 120th day after the
date the WFEDC notifies the business of the violation.
4. Compliance with Tex. Gov't Code §§ 501156 through 501.158. The parties
agree this Agreement complies with Tex. Loc. Gov't Code §§ 501.156 through
501.158, by: (1) being intended to benefit the WFEDC, (2)providing that default
. on this Agreement is enforceable as provided by Tex. Loc. Gov't Code § 501.157,
in addition to retaining other enforcement remedies provided by Texas law, and
(3) providing a schedule as stated in this Agreement for additional jobs and
capital investment as consideration for direct incentives provided herein and
providing for repayment obligations.
5. No Waiver. No delay or omission by WFEDC in exercising any right that may
accrue to it pursuant to this Agreement will operate as a waiver of any other
WFEDC right that may accrue pursuant hereto.
3
PAGE 8 OF 11 PAGES
AGENDA ITEM NO. 8.B
6. Disputes. In the event of a dispute, (1) neither party will be entitled to attorney's
fees incurred or paid in the enforcement of any provision of this Agreement,
regardless of any provision authorizing attorney's fees in Texas Local Gov't Code
§ 271.153(a)(3) or other statute, and (2) sole venue for any action based on this
Agreement or promise ancillary thereto shall be in Wichita County,Texas.
7. WFEDC Limitation of Liability. The WFEDC shall not be the guarantor of
Company's success, and shall not be liable for any failure to provide incentives
not specifically set forth in this Agreement. Any representations by WFEDC, the
City, or the Wichita Falls Chamber of Commerce and Industry concerning the
availability of incentives hereunder are subject to the approval of the governing
bodies entrusted by law to issue said incentives. Company certifies the truth of the
representations by its representatives to the WFEDC, the City, and the Wichita
Falls Chamber of Commerce and Industry. Company agrees to release the
WFEDC, the City, and the Wichita Falls Chamber of Commerce and Industry
from any and all claims, suits, and actions for damages, costs, and expenses to
persons or property (collectively "Claims") that may arise out of, or be
occasioned by or from any act, error or omission of the WFEDC,the City, and the
Wichita Falls Chamber of Commerce and Industry in the execution or
performance of this contract. The aforementioned release does not encompass
Claims attributable to the gross negligence or willful misconduct of the WFEDC,
the City,and/or the Wichita Falls Chamber of Commerce and Industry.
S. Term, The Term of this Agreement shall be from its execution until the later of:
a. December 20,2021,or
b. One year after the Company's repayment to the WFEDC of the final loan
payment described in this Agreement.
9. Default. During the Term of this Agreement, Company shall promptly notify
WFEDC if Company learns of the occurrence of: (i) any event which constitutes
an Event of Default; or (ii) any legal,judicial or regulatory proceedings affecting
Company's operations in Wichita Falls, Texas, and/or the Facility in which the
amount involved is in excess of$50,000 and is not covered by insurance.
10. Indemnity. Company shall indemnify, save and hold harmless WFEDC and the
City of Wichita Falls and their respective officers, directors, employees,
representatives and agents (collectively, the "Indemnified Parties") from and
against: (i) any and all claims, demands, actions, or causes of action that are
asserted against any Indemnified Party by any person or entity if the claim,
demand,action or cause of action directly or indirectly relates to a claim, demand,
action, or cause of action attributable to the acts or omissions of Company, any
affiliate of Company or any officer, employee or partner of Company; (ii) any and
all claims, demands, actions or causes of action that are asserted against any
Indemnified Party if the claim, demand, action or cause of action directly or
indirectly relates to funds received by Company pursuant to this agreement,
Company's use of the proceeds of funds received pursuant to this agreement or
the relationship of Company and WFEDC pursuant to this agreement; and (iii)
any and all liabilities, losses, costs or expenses (including attorneys' fees and
disbursements) that any Indemnified Party suffers or incurs as a result of any of
4
PAGE 9 OF 11 PAGES
AGENDA ITEM NO. 8.B
the foregoing; provided, however, that Company shall have no obligation
pursuant to this provision to any Indemnified Party with respect to any of the
foregoing arising out of the gross negligence or willful misconduct of such
Indemnified Party. To the extent necessary to provide the Indemnified Parties fill
protection in accordance with the terms of this Section, the indemnity provisions
set forth herein shall survive the termination of this Agreement.
11. Events of Default. Each of the following events shall be considered an Event of
Default of this agreement:
a. The failure of Company to pay any payment due to the WFEDC pursuant to
this agreement when due and the continuation of such failure for a period of
10 days after written notice thereof from WFEDC; or
b. If any representation or warranty by Company set forth herein or in any
certificate, report, request or other document furnished pursuant hereto is
incorrect in any material respect as of the date when made or deemed made; or
c. The failure of Company in its due observance and performance of any of the
covenants or agreements set forth in this agreement or any of documents
associated with this agreement and the continuation of such failure for a
period of 30 days after written notice thereof from WFEDC; or
d. If an involuntary case or other proceeding shall be commenced against
Company that seeks liquidation, reorganization or other relief pursuant to any
bankruptcy, insolvency or other similar law now or hereafter in effect or
seeking the appointment of a trustee, receiver, liquidator, custodian or other
similar official of it or them or any substantial portion of its or their property,
and if such involuntary case or other proceeding shall remain undismissed or
unstayed for a period of 30 days; or if an order for relief against Company
shall he entered in any such case under the Federal Bankruptcy Code;or
e. If Company shall commence a voluntary case or other proceeding seeking
liquidation, reorganization or other relief under any bankruptcy, insolvency or
other similar law now or hereafter in effect or seeking the appointment of a
trustee, receiver, liquidator, custodian or other similar official or shall consent
to any such relief or to the appointment of or taking possession by any such
official in an involuntary case or other proceeding commenced against it, or if
Company shall make a general assignment for the benefit of creditors or shall
fail generally or shall admit in writing its inability to pay its debts as they
become due; or
f. If Company shall fail within 30 days to pay, bond or otherwise discharge any
judgment or order for the payment of money in excess of$50,000 that is not
otherwise being satisfied in accordance with its terms and is not stayed on
appeal or otherwise being appropriately contested in good faith; or
g. If there shall be a dissolution of Company or a cessation of business
operations at the Facility; or
5
PAGE 10 OF 11 PAGES
AGENDA ITEM NO. 8.B
h. If the Company is determined by W? i)( a hi co.,ilinually or
violating a City ordinance or state law o:. FL:Lao:. Io th;2
the Faeihty.
12. Remedies. Upon the tli2curt-cr:c•',..of any tivcrit of Default described in Section I 1.d
or I I.e above, the WI.: 1.10%_1.111111 ir I
and the 1-115. of the Proinissr..,
togeihe.:. 1,11C:7 Ile 1112d herCC:1 !mil become
imn1:A1y dui: and payabl-.2„ al. .ir..ho.;r. n•inten ;And vH1.1.R.i.A piv.,*entrnent,
notim df or ci.,Hor.til ordetitult o.tnry
kind, 411[ or ',hid ute waived th.2 Co.11.pany, 1.1u.;
occurrence and at 'd2.19.1 111-1,2 11Q !he' 45:)..ntini.. .iCe of .19:%.-z..rit of.1)c..!1:pait.
srecq-:cd in Sectic.:i 1.11,2 31; ). by .0,:i(lArdi no:ico : 1.1)
,11111, ini o'n1: iiiIcne 1.K.T1 .5(11,7,
with then ratite !.11:At ;:‘,1 I ri:Jyaitc:, "An:Milt
PrICSCrt!11;217:.. j1:111 pr.,t(2st or dish:incl.,
4.!r,14;!.11Y,;1i I wi kind, od LA
(0 terminate all len6rig
1.0y.kt H.1.410 LnIC:SS and the Lender shall
ILvitc.... any claim tu jukkient-, or (iv) without
I dermini.1 ;my :if Lender's rights and
Fill ,F.‘os pmsliant to the Prws. -:-.;q}ry Now, this .1'...01.:2,11ncnt or nay of the letter of
s[2,euring the Promissory Note.
FurHum prwrivak Poinirecl. .Any by WFEDC, the City of
or the C.'hambcr Cor.-,merce and Industry (or any
1...•IN. :..'..mtatkre:s of any of comcrain8 tito availability of incentives
the LirFCV,11 of LheiLi iauiing bodies entrusted by law to
iI incem yes.
14„ Amendments. agreetnent and said attachments, if any, may only be
arnendo,i, suipplQawcted, moddiod or canceled hy a duly executed written
instrument agreed to by both parties.
15. Company Liability Lin,its Company's nximuinaggrtIglite Iiiilti lily under this
Agreement to WFEDC, the City of WiehitE. Palls, the Wichita 17a:ls Chamber of
Commerce and Industry, nay third ]nu.y IflLIIILV hny Indemniliet1 Pally identified
in Section 10 s1thli excee...1 the ainDay.i. 0';r1.1.n.‘is ...,)rovidc(i to Company pursuant
10 thk Arroemenl.
Wichitn Falls Economic Cleanaire, dba Pamlico Air
Cmrporation
Z.4.40
Leo Lane,President .slicrci. CHO
PAGE 11 OF 11 PAGES
AGENDA ITEM NO. 8.B
CITY COUNCIL AGENDA
February 2, 2021
ITEM/SUBJECT: Resolution approving the programs and expenditures of the Wichita
Falls Economic Development Corporation (WFEDC) by amending
the existing incentive agreement of up to $2,800,000 with Panda
Biotech related to their proposed purchase and operation out of the
former Delphi Plant on 1-44.
INITIATING DEPT: City Manager's Office
STRATEGIC GOAL: Accelerate Economic Growth
STRATEGIC OBJECTIVE: Support Implementation of the Economic Development Plan
COMMENTARY:
Timeline
• June 18, 2020 — WFEDC Board approves original $2.8M budget amendment and
incentive agreement;
• July 7, 2020 — City Council ratifies budget amendment;
• December 8, 2020 — WFEDC Board approves modifications to incentive
agreement;
• December 21, 2020 — WFEDC Board approves further modifications to incentive
agreement;
• January 26, 2021 - WFEDC Board approves further modifications to incentive
agreement;
• February 2, 2021 — City Council to consider approving modified agreement.
Summary
The original agreement approved by the WFEDC and City Council in 2020 was an up to
$2,800,000 commitment as follows:
1. $2,000,000 5-year forgivable loan subject to certain collateral and performance
benchmarks;
2. Up to $650,000 in job creation and employee relocation assistance; and
3. Up to $150,000 to improve the rail spur serving the plant.
The crux of the proposed modification relates to the $2.0M portion currently allocated as
a 5-year forgivable loan. At the request of Panda and to provide more flexibility to
accommodate the company's imminent needs, the WFEDC Board on January 26, 2021,
approved a modified agreement not to exceed $2.8M as follows:
• Reduction of the loan from $2.0M to $1.0M subject to paying the loan back to the
WFEDC upon either(1) receipt by Panda of the proceeds of their requested Texas
PAGE 1 OF 3 PAGES
AGENDA ITEM NO. 8.0
Economic Development Bonds, or (2) within six (6) months from the date of loan
distribution, whichever comes first; and
• Remaining $1.0M being reduced from forgivable loan is added to existing job
creation incentive of $650,000 for a total incentive for job creation and employee
relocation of $1,650,000, subject to (1) execution of payment in lieu of taxes
agreement (PILOT) with the City, and (2) payback to the City of the $1.0M loan;
and
• $150,000 for the rail spur improvements remains the same.
Panda has indicated their intent to repay the $1M WFEDC loan by mid-2021 after they
realize the proceeds from their state economic development bonds this spring. Collateral
for the $1 M WFEDC loan would be in Panda-owned equipment purchased for use at the
proposed Wichita Falls facility.
City Council approval of the amendment is required as such represents a material change
in the incentive agreement.
Approval of the request by the City Council does not affect the existing commitment or
budget for this project of up to $2,800,000.
Economic Development staff from the Chamber of Commerce will be in attendance at the
meeting to present the request and answer any questions.
Staff and the WFEDC Board recommend approval of this resolution.
® Assistant City Manager
ASSOCIATED INFORMATION: Resolution
® Budget Office Review
® City Attorney Review
® City Manager Approval
PAGE 2 OF 3 PAGES
AGENDA ITEM NO. 8.0
Resolution No.
Resolution approving the programs and expenditures of the Wichita
Falls Economic Development Corporation (WFEDC) by amending the
existing incentive agreement with Panda Biotech of up to $2, 800,000
related to their proposed purchase and operation out of the former
Delphi Plant on 1-44
WHEREAS, Texas Local Gov't. Code §501.073(a) provides "The corporation's
authorizing unit will approve all programs and expenditures of a corporation and annually
review any financial statements of the corporation"; and,
WHEREAS, on June 18, 2020, the WFEDC approved the Project listed below and
as stated in its agenda; and,
WHEREAS, on January 26, 2021 the WFEDC met and approved modifications to
said project,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
1. The Wichita Falls Economic Development Corporation's approval and funding
of the following programs and expenditures as modified and described below and in said
corporation's agenda, are approved:
Panda Biotech Project:
• A total of up to $2,800,000 to be used for the location of the company
to the former Delphi Plant on 1-44 and the creation of up to 100 new
primary jobs. Specifically, the deal points include a 1 million dollar
loan to Company repayable within 6 months or upon the State's
issuance of bond funding. Upon said repayment, an increase in the
cash for jobs incentive from $350,000 to $2,350,000. The $300,000
relocation incentive as well as the $150,000 rail spur incentive
remain unchanged.
2. The current fiscal year budget of the WFEDC is amended to provide for the
aforementioned expenditures and changes thereto.
PASSED AND APPROVED this the 2nd day of February, 2021.
MAYOR
ATTEST:
City Clerk
PAGE 3 OF 3 PAGES
AGENDA ITEM NO. 8.0
CITY COUNCIL AGENDA
February 2, 2021
ITEM/SUBJECT: Resolution authorizing the City Manager, or his designee, to make
application to FEMA for the 2021 Assistance to Firefighters Grant in
support of four (4) separate initiatives, totaling $280,655.
INITIATING DEPT: Fire
STRATEGIC GOAL: Efficient Delivery of City Services
STRATEGIC OBJECTIVE: Practice Effective Governance
COMMENTARY: The fire department would like to make four (4) applications through
FEMA for the 2021 Assistance to Firefighters Grant. The Assistance to Firefighters Grant
(AFG) is funded through federal legislation on an annual or semi-annual basis. The grant
application process is a competitive process, that requires, if the grant is awarded, a 10%
match. The performance period for the grant will run from May, 2021 through April, 2023
giving us two fiscal years to invest our 10% match. The individual grant applications
would seek to secure funding for a) Training programs that will result in new certifications,
b) Fit-testing equipment for self-contained-breathing-apparatus (SCBA) c) additional air
scrubbers for apparatus bays in 6 stations and d) UV light fixtures for all sleeping quarters.
Staff recommends approval and authorization to move forward to meet the February 12
application deadline.
® Fire Chief
ASSOCIATED INFORMATION: Resolution
® Budget Office Review
® City Attorney Review
® City Manager Approval
PAGE 1 OF 2 PAGES
AGENDA ITEM NO. 8.D
Resolution No.
Resolution authorizing the City Manager, or his designee, to make
application to FEMA for the 2021 Assistance to Firefighters Grant in
support of four (4) separate initiatives, totaling $280,655.
WHEREAS, The City Council finds it in the best interest of the citizens of Wichita
Falls that the Assistance to Firefighters Grant (AFG) be applied for in the FY 2021,
through FEMA; and,
WHEREAS, The AFG is a competitive process, the City Council agrees that it is in
the best interest of the citizens to apply for various departmental needs; and,
WHEREAS, if awarded, the City must, during the performance period, provide
matching funds in the amount of 10% of the grant; and,
WHEREAS, The City Council agrees that in the event of loss or misuse of the
Assistance to Firefighters Grant funds, the City Council assures that the funds will be
returned to the Texas Department of Public Safety, Division of Emergency Management
in full; and,
WHEREAS, The City Council authorizes the City Manager to apply for four (4)
Assistance to Firefighters grants on behalf of the applicant agency.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The City Council approves submission of the multiple grant applications for the
2021 FEMA Assistance to Firefighters Grant.
PASSED AND APPROVED this the 2nd day of February, 2021.
MAYOR
ATTEST:
City Clerk
PAGE 2 OF 2 PAGES
AGENDA ITEM NO. 8.D
CITY COUNCIL AGENDA
February 2, 2021
ITEM/SUBJECT: Resolution authorizing the City Manager to make application to
NORTEX for the 2021 Homeland Security Grant in support of the
regional Hazardous Material Response Team, in the amount of
$33,500.
INITIATING DEPT: Fire
STRATEGIC GOAL: Efficient Delivery of City Services
STRATEGIC OBJECTIVE: Practice Effective Governance
COMMENTARY: The fire department would like to make application through NORTEX
for the FY 2021 Homeland Security Grant. The Homeland Security Grant is a yearly
grant, administered through NORTEX, which assists local government with all hazards
emergency preparedness. The Wichita Falls Fire Department Hazardous Materials
Response Team provides response capabilities to all 11 counties under NORTEX,
through a mutual aid agreement. This grant would seek to upgrade and/or replace
needed response equipment. There is no required match with the grant.
Staff recommends approval of the resolution.
® Fire Chief
ASSOCIATED INFORMATION: Resolution
® Budget Office Review
® City Attorney Review
® City Manager Approval
PAGE 1 OF 2 PAGES
AGENDA ITEM NO. 8.E
Resolution No.
Resolution authorizing the City Manager to make application to
NORTEX for the 2021 Homeland Security Grant in support of the
regional Hazardous Material Response Team, in the amount of$33,500
WHEREAS, The City Council finds it in the best interest of the citizens of Wichita
Falls that the Homeland Security Grant be applied for in the FY 2021, through NORTEX,
from the Texas Department of Public Safety, Division of Emergency Management; and,
WHEREAS, The City has no obligation to provide matching funds; and,
WHEREAS, The City Council agrees that in the event of loss or misuse of the
Homeland Security Grant funds, the City Council assures that the funds will be returned
to the Texas Department of Public Safety, Division of Emergency Management in full;
and,
WHEREAS, The City Council authorizes the City Manager to apply for the
Homeland Security grant on behalf of the applicant agency.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The City Council approves submission of the grant application for the FY 2021
Homeland Security Grant, through NORTEX, to the Texas Department of Public Safety,
Division of Emergency Management
PASSED AND APPROVED this the 2nd day of February, 2021.
MAYOR
ATTEST:
City Clerk
PAGE 2 OF 2 PAGES
AGENDA ITEM NO. 8.E
CITY COUNCIL AGENDA
February 2, 2021
ITEM/SUBJECT: Resolution authorizing the City Manager to award bid and contract
for the Hike and Bike Trail West of Lake Wichita Park to Larry's
Marine to Earth Builders, L.P., in the amount of$1,456,140.00.
INITIATING DEPT: Public Works
STRATEGIC GOAL: Provide Adequate Infrastructure
STRATEGIC OBJECTIVE: Complete Signature Public Improvements
COMMENTARY: On December 22, 2020, bids were opened for the Hike and Bike Trail
West of Lake Wichita Park to Larry's Marine. This project is generally described as the
construction of new concrete trail, and associated work extending from west of Lake
Wichita Park to Larry's Marine property.
This project is the final of three sections of the Circle Trail currently funded with the TxDOT
Transportation Alternatives Program (TAP) Grants program. 80% of the cost of trail is
funded through TxDOT and the Federal Highway Administration (FHWA). The City's 20%
match is being provided by funds approved by the Type B Sales Tax Corporaation. The
total construction budget for this project is $1,528,750.00.
The bids (Base Bid and Add/Alts #1 & #2) received for this project are as follows:
COMPANY AMOUNT
Earth Builders, L.P. — Decatur, TX $1,456,140.00
JLT Contracting, LLC — Cushing, OK $1,518,293.50
Wilson Contracting —Wichita Falls, TX $1,518,135.00
Scales Construction Co. —Wichita Falls, TX $1,582,909.00
Fort Worth Civil Constructors — Fort Worth, TX $1,947,049.25
Due to current construction costs, Staff bid this project with a Base bid and 3 Add/Alts.
After receiving and evaluating bids, Staff recommends awarding Base Bid and Add/Alt#1
& #2. This will provide an additional 3000-foot section of trail west of Lake Wichita Park,
while staying within budget. The remaining Add/Alt (3) item includes 670-foot section of
trail and a 150-foot pedestrian bridge. The bid price for this Add/Alt is an additional cost
of$860,115.00, which would push the project over budget.
Staff recommends awarding the Base Bid and Additive Alternates 1 and 2 to Earth
Builders. Construction of this project should require approximately (280) working days to
complete.
PAGE 1 OF 6 PAGES
AGENDA ITEM NO.8.F
® Director, Public Works
ASSOCIATED INFORMATION: Resolution , Bid Tab, Location Map, Letter of Authority
® Budget Office Review
® City Attorney Review
® City Manager Approval
PAGE 2 OF 6 PAGES
AGENDA ITEM NO.8.F
Resolution No.
Resolution authorizing the City Manager to award bid and contract for
the Hike and Bike Trail West of Lake Wichita Park to Larry's Marine to
Earth Builders in the amount of$1,456,140.00
WHEREAS, the City of Wichita Falls has advertised for bids for the Hike and Bike
Trail West of Lake Wichita Park to Marina; and,
WHEREAS, it is found that the lowest responsible bidder is Earth Builders, L.P.,
who made a unit price bid with an estimated total of$1 ,456,140.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The unit price bid for the Hike and Bike Trail West of Lake Wichita Park to Larry's
Marine is awarded to Earth Builders, L.P., in an estimated total amount of$1 ,456,140.00,
and the City Manager is authorized to execute a contract for the City with said Contractor
for the construction of such project.
PASSED AND APPROVED this the 2nd day of February, 2021 .
MAYOR
ATTEST:
City Clerk
PAGE 3 OF 6 PAGES
AGENDA ITEM NO.8.F
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a:IL11"Ei 361.336. S 03.. 54..2000: 3130.. 334403.36
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51..53Eoo 5103,4E0.53 311S11.3.153. 54E003.06 54..m 00 C 51535.00 31.696 00
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M▪.603a sax¢p�srAu] ;2013 SE-. $3r2Dm $3.. 312330m $3.m 33,0000 35m 36,303m Ssm 54030.30
- FEB.195ACr E1 54.430m 53,303.«
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▪ _ _ 52603 3.9,60.33 S162.96m 3119.6acw 513,2300) 51_a.m 3
11113310y.14.s�12•D1N $50000 $990206 3.5.30 $0a10m $00m. $1,3o0m 5230.00 32,3mm 51,94.00 $10400.a0
53.936 CD 54.393.. 53y Dm 32 MS.. 33.335 CO
40006014 3 TON COMM.MID.e(12 x a10-1 3216000m 6210600m $131000.30 3131000m $2335,e 5204,923m $2E2ys4.30 $12.9e4m 5279,10ua0 57613a.00
_or tech 3-cr•_c%TECH s)ID . _. 1 5120,500.03 51361u0.03 3133.373.LO 51363:0.. 23.000.30 5230,500.00 250)03.m 5343,503m aa 32403.51a0
101413 6,w IOW:BASE 51,1s0.DD T0xASE 59'99,'r60.m u TOT9sE S900,710. TOT.-EASE 5950,9x3.00 TOTAL EASE 51,000,99a.00 TOTAL 9344 21415.501.n
'RUNNING TOTAL I S1,1s6,ma.00I16LSNINITOTAL I 5979,360.0aI1e1011301070,11 I 5935,349m(I RUB 0INETOT. I 5996s23m(1EUNNIx6TOTAL I$163199e5a3(ly.0.19.5IsrAL 13,223562.n1
nn 1l To nA121+m En9Aem.1.3. Door.Tx curnirOO uC wlarte PeEs ixn �sw'-mmcn fort �.T% 3
•
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$33a0.m 323,2mm' rv:529=.00 $44139.25
-00 i 2CADOAY.D C-ArE NELI 52603 3.w
C 32 53.53000 5_1.53 53,203.00
01▪1326032 ENr!FINAL]ICBM CONr]]ry xf 50.30 49.904.an $13.40 521 3om 522.00 53,300m 522.33 33,3110m 530m 54300.33
- 5303 51:.113x 523.5Cx 525.0
sEm(PEpn](unmM1(.0] 1, 50.90 $4230.06 $1.30 $3,2300 4$2.1 56533m �$10 32,303mm Sam S1T,3360
-- TC6
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51 . 532.43Es s
5-3.4a5s 5333.w - o 5x333 53T5n C0
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0.4.01 w:ILIIT3 El - 5_..1x30 5133.90 513.0E00 51336c 51Tum -
IurfwuP]MSeewslxulo3e] S13Aa4.02 5233003.30 3,633.n 35g993m 32y30.m SNAa0n3 $4m3.m s53.3nm 51290000 $25.e00m
Ne In III LP 1E2 52C as 35,.a USw 54.33E« 534.53 5,912..
Aae167 3400a seam s0a.3E0..o $01.0 $6066.3 r2.00 322,0030 r+... 37.,009413 3108.00 3101.100.00
AAI LP C. 32- .4a
s
236« 33.33 52..3..
roam54Ehtor] m$1 $99100 32.33 49,434a2 $0.30 $00323T 31.00 51,003.. $1.30 31.200.110
004133E 103314190 u190rr$00x34 En 3 5;e00m 33,e03 mu $4,03.60 54,73360 33,03a0 53300012 5;-100110 5.1.200m 4.SUL00 33,40.110
TOTx $1a,0..90 TS..3.001ALTx3 5ug350.aa 7OTAL3.36eLTSL 5239,3x3s3 Tot_3.334LTz 5.7,9T3. -41501.133,3OLT11 521,133.00 To-AL 3014A4Te1 329E.261.23
Ieu4«w6T30AL 51333,m3.661Iautoax6TOTAL 51,6,133.m1Ieu9.3.6Toy.L 5321223705[Inure..TOTu $1.2e.,333m(1Eur«IxoTot. 51,xs3,139m[INu1N%GTOTAL S1,15.2131
AWAIT. arm Build. KT re
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•
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53m0.m S225wm DOS
5013a.00 $1494600
t i2CADO.AND - %ELI OS E
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- 520.256m 313.60
0 >
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-- - 33TC6 31.116m 5103.D6 ,30 __ 3100.33
53603.06
Humus la11TE DI, SY .03 --- 32.30 $6,2t0m 3033 31Ae3m $s.imm $23 S3m.30
_ACE __ _ 50..6m 31136 33C S16.33600_ 5123533I N 31-5.EENOTE[TONX1ENI LF DC 5103110 53090m 505.m 5255000 54.053m 32500 $1,450:110
.36.21 IEIILII„El - - �3 31136m 290 `1.3 53 _ 5170.m32EEaIi(]14:N 0 $6e4m $ . $414 922�_ 323am s .39209
04.6.3 BC C vi
-III]I.3 1 E _ 5303m 53,E53..
• LETSo3U s P91rr c6ws9x 9006E I1 0 5a0. Da 0 3263 ,6 030a 533.30 $1a,330m 52m0:m S4A00m 53,30Dm_ 51090a00 523,900m
1112%;',CFI 1E:1:I>; 52 233.CC s _ = 55,303.06__ .trt0TA1L1 =I.s . S150mm s4.m $3,se0m =$9.50 52A00m S4A00m_ '5.363m $6400.m
▪ __ _ i2EFACLE1 - 51.6300 5_,303.Ca
Au54E141 1R]a $eine 400,mam $s1.m $99E00 o $9440 332:mom P4..m 534.omm- 31o0:uo $1ne,o0a4D
O 751.05-on 3:o 3o3.. -x• _ 3
;33EO3 3 15 4.« 31.2 om PAGE 4 OF 6 PAGES
00;1311 0mos.9643 0949 enrc(ew.c>,( 3600.9 S3,e03m 54.703.03 5gn3m 333am00 53.300nT $23m.m 3,360m 33.34am $63.30
TOTAL $29 9.0..m T-AL 0001ALZ 1 .3D,.4 $19.9D.33 -0rA. .rx2 53E9a1E2 -DTA.,_S.0L02 351693300 -2TALADD.]Lrx5 3352.3,6DD rff4LAc_,A11•e2 4419,216.30 AGENDA ITEM NO.8.F
ITOTALPxaEET 51.631,0o.EDIITDTALP 01E0 51436140.031ITmULP901E[r 3151329330(ITOTALPND,E[T 31,3s.133ao[1-0TALP(D1ECe $1,1e2,m1CO[�31101ECT 31,953649.331
HIKE AND BIKE TRAIL WEST OF LAKE
WICHITA PARK TO MARINA
SITE LAYOUT
III_'111141t,
�
Lim ,
'Y 1
A1.}'",, , e o r,,- Aid ALT �._ ADD/ALT #1
/fI
-wear irn
M y.
f
0. '+I ADD/ALT #3 i
r
��
BASE -'D `:#h
BASE BID AND A00/ALT #1 & #2
APPROXIMATELY 3000 LF OF TRAIL.
PAGE 5 OF 6 PAGES
AGENDA ITEM NO.8.F
.,__,A,..
a../.
air
MEMO
January 21.2021
To: William L Hale,RE.(Thief Engineer
Cuuigi•_vr
Through: C.Michael Lee,P.E.,Director of Engineering&Safety Operations(` . r„'f''L--''
From: Duane S.Milligan,P.E.;Construction Division Director' •
/Y
Subject Award of Local Government Project,Wichita County
Control:0903-03-117
Project:STP 2019(660)TAPS
Highway:CS
Wichita County
The above referenced project has been reviewed_The City of Wichita Falb and the Wichita Falls
District recommend awarding the contract to Earth Builders.The total amount of the low bid was
$1,456,140.00,which is 12.0 percent under the engineer's estimate of$1,655,000.00.Funds for
this project are allocated in accordance with the Federal Project Authorization and Agreement
(FPAA)_The city is responsible for any costs above the maximum authorized federal amount.
There were two add alternates bid,and both will be incorporated into the project This will provide an
additional 3,000 LF of trail west of the existingtrail at Lake Wichita Park.
Attached are the State Letter of Alin lority(SLOA)for locally let projects and the FPAA,indicating
clearances for the following:
• Right of way I az,.—L.HAL,1/21/2021
• Encroachments _, „
• Relocation assistance I concur with the
• Utilities recommendation to
• Environmental award. Approved
We request your concurrence in the award of this project.if you have any questions,please call
Duane S.Milligan,P.E,at 512/416-2456.
OUR VRUJE&Peon •RoamrnG5UO'•Tralf•hbneady
OAJR MISSFDrt Through nallatnraiian arm kaacraixja.we 7eWcra aafk.re,laa e,are inte¢aiad!rar or afian ay51ern that rn.bko the movement of pcopk arm'
0,54ur0FP...4E,..r-l•r.
PAGE 6 OF 6 PAGES
AGENDA ITEM NO. 8.F
CITY COUNCIL AGENDA
February 2, 2021
ITEM/SUBJECT: Resolution authorizing the City Manager to approve Change Order
No. 1 for the 2019 Sanitary Sewer Budget Utility Improvements
Project, Phase 2 for a reduction of$82,214.02.
INITIATING DEPT: Public Works
STRATEGIC GOAL: Provide Adequate Infrastructure
STRATEGIC OBJECTIVE: Complete Public Improvements Projects
COMMENTARY: On August 6, 2019, bids were opened for the 2019 Sanitary Sewer
Budget Utility Improvements Project, Phase 2. This project was generally described as
the replacement of selected sanitary sewer lines and the rehabilitation of selected alleys,
and associated work. Cage Construction and Management Co. was awarded the contract
for the project in the amount of$699,064.15 on August 20, 2019.
The project is now complete and the final quantities have been tabulated for this project.
This has resulted in a reduction of $82,214.02 in the overall project costs. This change
order will balance bid quantities to final in-place quantities and facilitate final acceptance
of the project.
Staff recommends approval of Change Order No. 1 for the 2019 Sanitary Sewer Budget
Utility Improvements Project, Phase 2 to allow for final acceptance and close-out of the
project.
® Director, Public Works
ASSOCIATED INFORMATION: Resolution , Change Order No. 1
® Budget Office Review
® City Attorney Review
® City Manager Approval
PAGE 1 OF 6 PAGES
AGENDA ITEM NO. 8.G
Resolution No.
Resolution authorizing the City Manager to approve Change Order No.
1 for the 2019 Sanitary Sewer Budget Utility Improvements Project,
Phase 2 for a reduction of $82,214.02
WHEREAS, the City of Wichita Falls entered a unit price contract with Cage
Construction and Management Co. for the 2019 Sanitary Sewer Budget Utility
Improvements Project, Phase 2 with the estimated total cost of $699,064.15; and,
WHEREAS, the City of Wichita Falls has negotiated Change Order No. 1 for a
reduction of $82,214.02 for a final contract amount of $616,850.13.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The City Manager is authorized to execute Change Order No. 1 for the 2019
Sanitary Sewer Budget Utility Improvements Project, Phase 2 in the amount of
$82,214.02.
PASSED AND APPROVED this the 2nd day of February, 2021 .
MAYOR
ATTEST:
City Clerk
PAGE 2 OF 6 PAGES
AGENDA ITEM NO. 8.G
CITY OF WICHITA FALLS,TEXAS CHANGE ORDER NO: ' " 'I 8 Final
CONTRACT CHANGE ORDER FORM DATE! " 11/5/2020
AMOUNT or CHANGE: $ (82.214.02)
PRO,HECTicONTRACT; 1 2C1 9 San'(a...2. Scwc:.. F1(JIP Project. ClArF1 9-550-08
TO:Cage Construction and Management Co., ba:Gary Baker c..r:riM ti...—..icri,11-.a C."e:i iy!Oale' :IMP!'approval bst the Owner,
(Confractod
well be your 1KrthOrtty CO Mae the following changes In the work uoder yip!'
" Increase ! Total Clangs
rkesciir.i:ion 1:1'changes t!........,- -VA., .r.4.: in Cc-4,..ii.J-. in Contact in Contact
1 his change cr-ier will modily pal qii,,:i71111s to 1ii-.11 in 1-.. ,-.E TM-di-deg
Item .37-TS Tit icti Safety Syste-n 1 •..L'.22.,1: I S - S :'',553.42r:
1
1)ACrAfne 946 L F .I$7 90 per L F for a Ma:rnIal or nc ,.!r
Rom 233 3-C,Re.IT OW Exiel."r9 Pioierrli:7 $ - ' S 7,6'29.80 S 7,829.80
iry.re2se t-i6 80 F,Y a 5 i 6 00 pet E.',Y lot a I r al Hal of P521,eg SY
Isom loi 2,6"SubRrec,c Sta.D.liza;ica $ 9,278.46 5 - 5 (9.276.46)
Ueerease&ad...74 tiY al 3 lg OC pc, SY ly a riviai Iola Ot 1945.450 SY.
Ilurri,',..in F.E"Ri,!lirrcurJ Concrete/...11.7.y $ 3,615.00 3 ; 5 (0.615 00)
Ceveaae,e.20 S al S76.00 per SY for a final Iola a''6'6 so SY
Nur'7)DS 7. P.fi' Ruirl'ofeed C0M:T.11.!Allue ApprQa...:h 5 9,523.95 3 - 5 (9.523 95)
Des-ease 11..62 SY ai Se'?21:PC-Si'for a Final Falai of 239.3E Si'
Vern'505 2-SW,HFwn.,K F1ep.4" 1ciriUrCre Co-::.'ele 2.3 new:( 5 - $ 1.042 5Q $ 1.042 50
i-c-ease 13.9 SY a:S70 00 per SY fc,::a fral to:ai of 64.4r2,SY.
Hem 402.Pavement Repair 5 24 095 73 $ - $ (21,095.73)
Decrease 23.3.11 SY at 3101.20 per SY For a 1inaf total of 693.89 SY.
Item 501 17-12, 12"S0R25 PVC Sanitary Sewer Pre 5 '30.107 78 $ - $ (39,107 70)
Decnease 479.85 LF at$131.50 DBr LF for a final nisi of 3072.15 LF.
nem 5L12 1-K,Reincve L'iair:aN Sewer Manhole $ 1 725 00 $ - $ (1,725.00)
Decrease 1 EA al S1725.02. sr EA for a final total of 2 EA _ . . ..
Item 506 B.Cu!&Plug Sanr1m Sewer Pipe S 2.375.00T$ - $ ;.2,875.00)
lie-1 6C.2 2 Qe.n .;,.N•An.Fthiciring Wall 5 - $ S2'3.C.g $ 920.042.
'r r...7Pr. ..:, -.:CY al...,2300 00 per CY for a'inal total c-f 1.:. r,0 CY. --- -
lori-u_ c.. K!-...22 . 5 9,5D1.n S 1.812 I.C2:,
AMOUNT OF ORIGINAL CONTRACT. I S 590.,0.54 15
1 OfAl..Amn.LJH I' OF FHIn{..F-t.4.N1l nknr 11 I
TOTAL AMOUNT OF PREVIOUS CHANGE ORDERS:. - ' : ,. , ,] i " " 1:,..,',,i:: •;.".::....,g: S .
— — ,
PAGE 3 OF 6 PAGES
AGENDA ITEM NO. 8.G
c)NYF,Aa"AMOL.°NT 1ODATE ] 5 516.554.13
The camplelion time under your ccelract will be extendco:y ID days be:a use of this change
order making The campletice dale June 15,2020,with Ga weeihe°clays adced.
Approved By Owner: Accepted By Contractor: Recommended By Archl/Eng:
if mpplicable)
By; By. By: r�
Titae=_pity Manager TrtI_ Title:_Coty Engineer
Date: Date: Date: F.7-
PAGE 4 OF 6 PAGES
AGENDA ITEM NO. 8.G
CITY COUNCIL AGENDA
February 2, 2021
ITEM/SUBJECT: Resolution authorizing the City Manager to make application for a
non-matching grant from the Office of the Governor, Public Safety
Office, Homeland Security Grants Division, 2021 State Homeland
Security Program in the amount of$41,612.93.
INITIATING DEPT: Police
STRATEGIC GOAL: Efficient Delivery of City Services
STRATEGIC OBJECTIVE: Practice Effective Governance
COMMENTARY: The Office of the Governor, Public Safety Office, Homeland
Security Grants Division, has opened the application period for grants from the 2021
State Homeland Security Program — LETPA Projects (SHSP-L), Grant Number
4252401. The Wichita Falls Police Department requests to apply for a grant totaling
$41,612.93. Grant funding will be used to upgrade and replace equipment for the
Department's Special Operations Section consisting of SWAT and Tactical
Investigators. The SWAT team will replace 8 ballistic helmets ($5,014.88) and 4 tactical
vests ($9,423.00). Tactical Investigators will upgrade 5 vehicle radios ($27,175.05). It
is recommended that the Office of the Governor, Homeland Security Grants Division
Program be earmarked for this purpose.
Staff recommends approval of the resolution.
® Police Chief
ASSOCIATED INFORMATION: Resolution
® Budget Office Review
® City Attorney Review
® City Manager Approval
PAGE 1 OF 2 PAGES
AGENDA ITEM NO. 8.H
Resolution No.
Resolution authorizing the City Manager to make application for a
non-matching grant from the Office of the Governor, Public Safety
Office, Homeland Security Grants Division, 2021 State Homeland
Security Program in the amount of $41,612.93
WHEREAS, the City of Wichita Falls is eligible to apply for a non-matching grant,
from the Office of the Governor, Public Safety Office, Homeland Security Grants
Division, 2021 State Homeland Security Program — LETPA Projects (SHSP-L), in the
amount of$41,612.93; and,
WHEREAS, the Wichita Falls City Council finds it in the best interest of the
citizens of Wichita Falls, that the Homeland Security Grants Division Program be
operated for FY 2021; and,
WHEREAS, the Wichita Falls City Council agrees that in the event of loss or
misuse of funding from the Office of the Governor, the Wichita Falls City Council
assures that the funds will be returned to the Office of the Governor in full; and,
WHEREAS, the Wichita Falls City Council designates Darron Leiker, City
Manager, as the grantee's authorized official. The authorized official is given the power
to apply for, accept, reject, alter or terminate the grant on behalf of the applicant
agency.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The City Manager is hereby authorized to make application for a non-matching
grant from the Office of the Governor, Public Safety Office, Homeland Security Grants
Division, 2021 State Homeland Security Program — LETPA Projects (SHSP-L), Grant
Number 4252401, in the amount of$41,612.93.
PASSED AND APPROVED this the 2nd day of February, 2021.
MAYOR
ATTEST:
City Clerk
PAGE 2 OF 2 PAGES
AGENDA ITEM NO. 8.H
CITY COUNCIL AGENDA
February 2, 2021
ITEM/SUBJECT: Resolution authorizing the City Manager to enter into an agreement
with Trinity Hughes, LLC for Design-Build Services related to the
Kickapoo Downtown Airport Hangar Project and authorizing the
payment of up to $35,000 in Design Fees.
INITIATING DEPT: Aviation, Traffic, & Transportation
STRATEGIC GOAL: Provide Adequate Infrastructure
STRATEGIC OBJECTIVE: Rehabilitate or replace outdated public facilities
COMMENTARY: On November 17, 2020, design-build proposals for the construction
of new hangars at Kickapoo Downtown Airport were rejected by City Council because six
of the seven submitters failed to provide the appropriate documentation. Shortly after the
rejection of these proposals, the City of Wichita Falls reissued the Request for Proposals
for the construction of new hangars at Kickapoo. On December 14, 2020, the City of
Wichita Falls received six proposals for Design-Build services on the Kickapoo Downtown
Airport Hangar construction project. All six proposals provided the appropriate
documentation for their submittals. After reviewing these, staff elected to interview two
firms. On January 8, 2021, the selected two firms were interviewed via teleconference.
These firms included Trinity-Hughes Construction (local) and Don Jackson Construction
(Riesel, Texas).
The following criteria were used to evaluation the two interviewed firms:
• Team's Experience
• Team's Technical Competence
• Team's Past Performance on Similar Projects
• Professional Reputation of the Respondent Team Members based on Similar
Sized Projects
• The Quality of Services Provided by the Team on Similar Projects
• Capability to Value Engineer Cost Savings to Keep Project within Budget
• Feasibility of Implementing Project as Proposed and Presented
• Ability of Team to meet schedules and estimated time of completion
• Team's compliance with the requirements of the RFQ
• Team's experience working in a Design-Build project delivery process
• Design to manage long-term cost to the City of operating the facility
• Experience in managing State and Federal funded projects to include, but not
limited to, record keeping, meeting Disadvantage Business Enterprise goals,
Federal Aviation Administration and Texas Department of Transportation
project requirements.
PAGE 1 OF 10 PAGES
AGENDA ITEM NO. 8.1
Upon completion of the interview process, staff rated each potential candidate. Given the
quality and reputation of each applicant, staff is confident that both companies would have
served well in a Design-Build capacity for this project. However, based on the results of
the review, the firm of Trinity-Hughes was selected.
Trinity-Hughes' proposed fee structure is as follows based on an estimated facility project
cost of$829,000:
Preconstruction Services: $5,000 (0.55%)
General Conditions: $64,000 (7.72%)
Overhead/Profit $66,320 (8.00%)
When compared to other similar projects, such as the Fleet Maintenance Small Engine
Shop Project, these fees show to be acceptable to staff. If this resolution is acceptable
to City Council, Trinity-Hughes and their Design team (Bundy, Young, Simms, & Potter)
will begin the design process. After the design is complete and Trinity-Hughes develops
a maximum guaranteed price, staff will bring that information to Council in the form of an
agenda item for final approval.
On April 21, 2020, the City Council formally received a Non-Primary Airports grant in an
amount of $600,000 from the Texas Department of Transportation's Aviation Division for
the construction of new hangars at Kickapoo Downtown Airport. In addition, the City of
Wichita Falls anticipates receiving an additional $150,000 in Non-Primary Airports grant
on September 1, 2021. Subsequently, the project budget is as follows:
2020 Non-Primary Entitlement Grant $600,000
2021 Non-Primary Entitlement Grant $150,000
FY 2021 Kickapoo Budget $20,000
COVID Cares $69,000
Total Budget: $829,000
Once complete, the project is estimated to generate approximately $20,000 in additional
revenues for Kickapoo Downtown Airport.
Staff anticipates that this project will begin construction in late spring of 2021. At this
time, Trinity-Hughes is estimating approximately 4-months to construct the hangars.
Staff recommends the selection of Trinity-Hughes for the Design-Build services for the
Kickapoo Downtown Airport Hangar Project.
® Director, Aviation, Traffic, & Transportation
ASSOCIATED INFORMATION: Resolution
® Budget Office Review
® City Attorney Review
® City Manager Approval
PAGE 2 OF 10 PAGES
AGENDA ITEM NO. 8.1
LOCATION OF HANGARS AT KICKAPOO AIRPORT
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PAGE 3 OF 10 PAGES
AGENDA ITEM NO. 8.1
EXAMPLE OF HANGARS
,11,111'1111000
-
•-- .
I
i ii,,„t iliint V II i Hit
PAGE 4 OF 10 PAGES
AGENDA ITEM NO. 8.1
Resolution No.
Resolution authorizing the City Manager to enter into an agreement
with Trinity Hughes, LLC for Design-Build Services related to the
Kickapoo Downtown Airport Hangar Project and authorizing the
payment of up to $35,000 in Design Fees
WHEREAS, the City of Wichita Falls desires to construct hangars at Kickapoo
Downtown Airport in order to meet future tenant demand; and
WHEREAS, the City Council finds the City properly advertised for proposals for
the Kickapoo Downtown Airport Hangar Project and complied with all applicable
provisions of Chapter 2267 of the Texas Government Code; and
WHEREAS, the City Council finds that the City Council and City Charter have
delegated the authority to the City Manager to make all actions authorized and/or required
pursuant to Chapter 271 of the Texas Local Government Code as recodified in Texas
Gov't Code § 2267.053; and
WHEREAS, the City Council finds, pursuant to resolution adopted on February 2,
2021 and otherwise, the City Council and City Manager have determined that the Design-
Build method of obtaining the completion of this project will provide a better value for the
City with respect to this expenditure than construction pursuant to receipt of competitive
bids, and the City has validly used the procedures described in Chapter 271 of the Texas
Local Government Code and Chapter 2267 of the Texas Government Code to obtain
these services and complied with other statutory provisions related thereto;
WHEREAS, Texas Gov't Code § 2267.053 provides:
Texas Gov't Code § 2267.053. Delegation of Authority
(a) The governing body of a governmental entity may delegate its authority
under this chapter regarding an action authorized or required by this chapter to
a designated representative, committee, or other person.
(b) The governmental entity shall provide notice of the delegation, the limits of
the delegation, and the name or title of each person designated under
subsection (a) by rule or in the request for bids, proposals, or qualifications or
in an addendum to the request.
WHEREAS, the City received and evaluated proposals from general contractors
and evaluated said proposals based on selection criteria outlined in the Request for
Proposal in full compliance with Texas Gov't Code § 2267.255; and
WHEREAS, according to the selection criteria that were established by the City,
City staff have determined and the City Council finds that Trinity-Hughes Construction
proposal will provide the best value to the City of Wichita Falls for Design-Build services
related to the Kickapoo Downtown Airport Hangar Project.
PAGE 5 OF 10 PAGES
AGENDA ITEM NO. 8.1
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The City Council:
(1) affirms the aforementioned findings;
(2) selects Trinity Hughes, LLC as the offeror whose proposal offers the best
value for the City, based on the published selection criteria and ranking
evaluation;
(3) authorizes the City Manager to execute an agreement, in a form approved
by the City Attorney, with Trinity Hughes, LLC for Design-Build services for the
construction of the Kickapoo Downtown Airport Hangar Project, with an
estimated budget of$829,000; and
(4) delegates authority to the City Manager to make determinations pursuant
to Texas Gov't Code § 2267.053 and authorizes the City Manager to
promulgate rules establishing such determination. Notwithstanding, the City
Council must approve the Guaranteed Maximum Price pursuant to a Design-
Build.
PASSED AND APPROVED this the 2nd day of February, 2021 .
MAYOR
ATTEST:
City Clerk
PAGE 6 OF 10 PAGES
AGENDA ITEM NO. 8.1
TRINIrYHuGHEs
CONSTRUCTION
Kickapoo Downtown Airport Hangar Construction Project
City of Wichita Falls
Fee Proposal
Kickapoo Downtown Airport Hangar
Construction Project
Issued January LZ,20z1
PAGE 7 OF 10 PAGES
AGENDA ITEM NO. 8.1
\—U44 f04-#5. TRINITY HUGH ES
"I
""` CONSTPUCrION
I<ickapoo Downtown Airport Hangar Construction Project
January ZZ,2021
Mr.John Burrus
Director of Aviation,Traffic&Transportation
City of Wichita Falls
210G Seymour Hwy.
Wichita Falls,TX 76301
Re: City of Wichita Falls- Kickapoo Downtown Airport Hangar Construction Project
Subj: Proposed Fees
Trinity Hughes Construction has provided the follo►wing information to establish the Fees
and Management Costs associated with the Design and Project Management of the
Kickapot; Down IOW n Airport Hangar Construction Project fur the City of Wichita Falls. The
information included in this document outlines the scope of work and cost for this Package.
Sincerely,
Rodney Marlin
Trinity Ilughes Construction
1912 Loop 11
Wichita Falls,TX 76306
PAGE 8 OF 10 PAGES
AGENDA ITEM NO. 8.1
TR1NI1TYHUGHES
CONSTRUCTION
Kickapoo Downtown Airport Hangar Construction Project
I. Proposed Fees
Design
Hourly Rates
• Architectural
o Principal 5175,00/Hr
c Architect 5125,00/ 1r
O Draftsman S 75,00/Hr
a Clerical S 50.00/Hr
• MEP Engineering
o Principal $150.00/Hr
ci Engineer $125.00/Hr
o CAD Technician S 50.00/Hr
+ Structural Engineering
,) Principal $125.00IHr
Not to Exceed Estimated Fees
■ Architectural Design 513,500
• Topo/Boundary Survey $ 4,500
• Structural Engineering $ 7,500
• MEP Engineering $ 6,500
• TASIADA Review E. Inspection Fees $ 3,000
S35,000
Construction Management
• Preconstruction Fee S 5,000 Ls
• General Conditions(Construction Duration) $16,000/N90
• Overhead/Profit 2.00%
• Bonds
• Insurances 1,25%
PAGE 9 OF 10 PAGES
AGENDA ITEM NO. 8.1
1,14644 16- MIZINH YHUGHCS
;;. - . 3� CONSTRUCTION
I ickapoo Downtown Airport Hangar Construction Project
II. Fee Clarifications & Assumptions
1- THIS PROPOSAL IS BASED ON THE DESIGN SCOPE SET Ou T IN R FCL#02-20
2. ALT DESIGN OUTSIDE OF THE PROPERTY BOUNDARIES IS EXC.IJCFD
3. DESIGN COSTS R ELATING TO ANY OFF-SITE UV LITI ES ARE EXCLU DE D
4. NO TESTING I.AB SERVICES,GFOTECHNICAL INVESTIGATIONS OR SPECIAL INSPECTIONS...IRE INC'.LJDFI7
�. GENERAL CLARIFICATIONS
a) TH)S FEE PROPOSAL DOES NOT INCLUDE COSTS ASSOCIATED WITH CIVIL ENGINEERING,PLATTING
OR PROPERTY TITLE SEARCH
b) GE NE RAL CONDITIONS INCLUDES;PROJECT SUPE RINTE N DENT(FULL TIME),PROJ ECT MANAGER
(PART TIME),PROJECT ENGINEER(PART TIME),VEHICLE EXPENSES,PHONES,COMPUTERS AND
DIRECT COSTS ASSOCIATED WiTH THE Jo DESCRIPTIONS CIF THESE PERSONNEL
PAGE 10 OF 10 PAGES
AGENDA ITEM NO.8.1
CITY COUNCIL AGENDA
February 2, 2021
ITEM/SUBJECT: Resolution authorizing The City Manager to execute all documents
necessary to purchase the Innoculate software management
services from Luminaire Inc. in the amount of$90,000.
INITIATING DEPT: Health
STRATEGIC GOAL: Efficiently Deliver City Services
STRATEGIC OBJECTIVE: Practice Effective Governance
COMMENTARY: During the recovery phase of the pandemic, the Health Department
has been tasked with providing vaccines to the public in a safe and effective manner. We
have the need to provide a large number of vaccines to individuals and provide reporting
to the state. The process of taking both a phone and online waiting list became
unmanageable. We have discovered people registered on both the phone list and the
online list and sometime multiple times on both list. Individuals also registered on line that
do not qualify for the 1A and 1 B priority groups as set out by the State. All of this creates
extra work and time when faced with scheduling a large number of appointments in a
short time frame. We have some individuals on the list that have been called over four
times with no response. The process is manually intensive and is heavily dependent on
individuals answering their phone. Once the vaccines are administered, they must be
entered into a state system within 24 hours to meet reporting requirements of the state.
When we had our large clinic it took 4 staff 10 hours to complete the data entry for 1,200
vaccines. We soon realized that our process was not sustainable. I reached out to other
Health Directors across the State and the Luminaire system was mentioned repeatedly.
We met with representatives of Luminaire Inc. who provided a demonstration of their
product.
INNOCULATE by Luminare is designed for public health systems as an end-to-end
solution to manage a high volume of vaccinations. By deploying Innoculate, a public
health system manager can maximize the throughput of patients based on availability and
other criteria, track vaccines at a granular level, and report on efficacy data. The system
enables automated registration, qualification, and scheduling of vaccinations. It manages
scheduling based on available hours and capacity, documents and tracks all vaccine
batches, lot information, and inoculations. It certifies proof of vaccination, as well. The
system provides hospital grade data security, data insights and reporting. Provides for
automated booster reminders. The system has HL7 Integration and APIs for integrating
with drug manufacturers, pharmacies and health department systems, and business
intelligence tools. The system also has an administrative dashboard. The user, via a
website or phone app, accesses the system.
PAGE 1 OF 13 PAGES
AGENDA ITEM NO. 8.J
For those individuals either who do not have access to either of those or who have
difficulty registering, we will have a system in place for them to call and the Health District
staff will assist them with the registration process.
The IT division looked at other systems being utilized by other Health Departments across
the state and found this to be one of the most economical systems in use. Corpus Christi
is currently utilizing the system and has had several large mass vaccination clinics using
this system. Dallas County is in the process of signing with this system as are other Health
Departments across the State. The pricing for this system is based on population served
by the health district. $20,000 in funds have been identified from existing COVID grant
funding to be utilized for the purchase. The remainder of the funding will be obtained from
the Health District special revenue accounts.
While we did not go out to bids due to time constraints, this procurement does qualify as
an exempted emergency procurement under Local Government Code § 252.022(a)(2),
which states: "A city may forego the competitive bidding procedures of Chapter 252 of the
Local Government Code when making a purchase that is necessary to preserve or protect
the public health or safety of the city's residents."
Staff recommends approval of the purchase of the Luminaire Innoculate program, as
described above.
® Health Director
ASSOCIATED INFORMATION: Resolution
® Budget Office Review
® City Attorney Review
® City Manager Approval
PAGE 2 OF 13 PAGES
AGENDA ITEM NO. 8.J
Resolution No.
Resolution authorizing The City Manager to execute all documents
necessary to purchase the Innoculate software management services
from Luminaire Inc. in the amount of$90,000
WHEREAS, we are currently in the recovery phase of a global pandemic and need
to be able to vaccinate individuals in a safe, effective and efficient manner and,
WHEREAS, the Health District has the need for an electronic vaccination system
and Luminaire INC. is the preferred vendor and,
WHEREAS, this procurement does qualify as an exempted emergency procurement
under Local Government Code § 252.022(a)(2).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The City Manager is authorized to execute all documents necessary to enter
into a contract with Luminaire INC. in the amount of$90,000
PASSED AND APPROVED this the 2nd day of February, 2021.
MAYOR
ATTEST:
City Clerk
PAGE 3 OF 13 PAGES
AGENDA ITEM NO. 8.J
SERVICE AGREEMENT
(LUMINARE SOFTWARE)
1. This Service Agreement ("Agreement"), dated as of January 18th 2021 ("Effective Date"), is
made by and between Luminare Inc., with a place of business at TMC Innovation Institute, 2450
Holcombe Blvd., Suite X, Houston, Texas 77021 ("Luminare"), and Wichita County Texas
with a place of business at 900 7th Street, Wichita Falls, TX 76307-7531("Company").
The parties agree as follows:
1. Service. The parties intend for Company to use Luminare's software services identified in
Exhibit B, which is attached hereto and incorporated herein by reference, which services are
will be provided to Company as a hosted, software-as-a-service application (collectively, the
"Service"). This agreement is specifically for the product and scope as described in Exhibit B.
Subject to the terms and conditions of this Agreement, Luminare grants to Company a
nonexclusive and nontransferable license to use the Service for the term of this Agreement.
Company's use of the Service will be solely for its own internal purposes of the Company, by
its employees and any healthcare providers, pharmacists or other employees who are involved
either in patient care or quality management related to patient care and who are authorized by
the Company to use the Service at the Company's facility. Company and Luminare shall each
comply with their respective obligations that are set forth on Exhibit A, which is attached
hereto and incorporated herein by reference.
2. Payment.Company will pay to Luminare the fees and other amounts set forth on Exhibit B or as may be specified
in any mutually agreed upon SOW that is signed by both parties and incorporated by reference into this
Agreement. All fees and other amounts are exclusive of any sales use or other similar taxes or charges, and
Company is responsible for all taxes or charges assessed by any governmental authority in connection with the
provision and use of the Service under this Agreement,except for income taxes payable by Luminare.Fees shall
be invoiced as set forth in Exhibit B or in the applicable SOW.Unless otherwise specified in Exhibit B or in the
applicable SOW,any amount invoiced is due and payable no later than 30 days after the date of invoice.
3. Term; Termination. This Agreement commences on the Effective Date and will remain in
effect for the term set forth on Exhibit A. The parties may extend this term by executing a
signed modification to this Agreement. Either party may terminate this Agreement if the other
Party materially breaches the terms and conditions set forth herein, provided however, that
such breaching Party is provided no less than thirty (30) days in which to cure such alleged
material breach following actual receipt of the written notice from the non-breaching Party
describing the alleged breach in reasonable detail. This Agreement also may be terminated no
more than seven days after the U.S. government revokes the employer's rights to collect their
employee's Input Data. Sections 4 through 13 of this Agreement shall survive expiration or
termination of this Agreement.
4. Ownership of Service IP. As between Company and Luminare, Company acknowledges and agrees that the
software and other intellectual property underlying the Service, as well as any Service user materials, are the
property of Luminare and are protected under U.S. and international intellectual property laws, including
copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Luminare
reserves all rights not expressly granted in this Agreement. Luminare has the right, but not the obligation, to
monitor the Service,Input Data(as defined herein)and Service reports.
PAGE 4 OF 13 PAGES
AGENDA ITEM NO. 8.J
5. Ownership of Input Data; Permitted Use. "Input Data" means all information and data
input into the Luminare Solution purchased in Exhibit B. As between Company and Luminare,
Luminare acknowledges and agrees that any Input Data is proprietary to Company and/or third
parties, and not proprietary to Luminare. Company represents and warrants that it has all
necessary consents, or owns or otherwise controls all necessary rights, to supply Input Data in
connection with the Service and that use of Input Data for such purpose will not violate any
applicable law or infringe or violate the rights of any third party. Luminare will have no
liability under this Agreement for any failure of the foregoing Company representation and
warranty. In addition, Company grants Luminare a nonexclusive license to use de-identified
and/or aggregated data uploaded to the Service and/or produced from Company's use of the
Service, for the purposes of evaluating effectiveness of the Service, making improvements to
the Service, and generating statistics regarding(i) any of the results of use of the Service or(ii)
the general effectiveness of medications and other treatments, individually and in concert, on
disease states.
6. Limitations of Liability. Except for any breaches of a party's obligations relating to
confidentiality or Company's obligations concerning its use of Luminare's intellectual
property, in no event will either party's aggregate liability hereunder to the other party exceed
the total fees paid by Company to Luminare for the twelve-month period preceding the date
on which the subject liability arose. EXCEPT FOR ANY BREACHES OF A PARTY'S
OBLIGATIONS RELATING TO CONFIDENTIALITY OR COMPANY'S OBLIGATIONS
CONCERNING ITS USE OF LUMINARE'S INTELLECTUAL PROPERTY
HEREUNDER, IN NO EVENT SHALL EITHER PARTY BE LIABLE, UNDER ANY
LEGAL OR EQUITABLE THEORY OF LIABILITY, WITH RESPECT TO THE SERVICE
(EXCEPT TO THE EXTENT OTHERWISE REQUIRED BY APPLICABLE LAW OR BY
ANOTHER AGREEMENT BETWEEN THE PARTIES HERETO)FOR ANY LOST DATA,
LOST PROFITS, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER REGARDLESS OF
WHETHER SUCH LOSS WAS FORESEEABLE OR THE PARTY SUFFERING THE LOSS
OR DAMAGE WAS ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
7. Disclaimers. Company's access to and use of the Service is at Company's sole risk. Company
understands and agrees that the Service is provided to you on an "AS IS" and "AS
AVAILABLE"basis. Without limiting the foregoing, to the maximum extent permitted under
applicable law, LUMINARE DISCLAIMS ALL WARRANTIES AND CONDITIONS OF
ANY KIND WITH RESPECT TO THE SERVICE, WHETHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-
INFRINGEMENT
8. USE WARNINGS. THE COMPANY DOES NOT OFFER MEDICAL ADVICE,
DIAGNOSES OR OTHER HEALTH MANAGEMENT SERVICES OR ENGAGE IN
THE PRACTICE OF MEDICINE. THE SERVICE IS NOT INTENDED TO BE, AND
DOES NOT CONSTITUTE, A SUBSTITUTE FOR PROFESSIONAL MEDICAL
ADVICE BY PHYSICIANS OR LICENSED INDEPENDENT PRACTITIONERS, OR
A SUBSTITUTE FOR DIAGNOSIS, TREATMENT OR HEALTH MANAGEMENT
AND IS OFFERED FOR INFORMATIONAL PURPOSES ONLY. FURTHERMORE,
THE INFORMATION PRODUCED BY THE SERVICE IS ONLY USEFUL TO THE
PAGE 5 OF 13 PAGES
AGENDA ITEM NO. 8.J
EXTENT THAT THE INPUT DATA IS ACCURATE. END USERS SHOULD
ALWAYS RELY ON THEIR CLINICAL JUDGMENT WHEN MAKING DECISIONS
REGARDING PATIENT CARE. AT ALL TIMES, IT IS THE RESPONSIBILITY OF
COMPANY AND ITS END USERS TO ACCESS, REVIEW AND RESPOND TO ALL
RESULTS FROM USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION
ANY ALERTS MADE AVAILABLE BY THE SERVICE (COLLECTIVELY,
SERVICE RESULTS),IN A TIMELY AND CLINICALLY APPROPRIATE MANNER,
AND LUMINARE WILL HAVE NO LIABILITY TO COMPANY, ANY END USER
OR ANY THIRD PARTY FOR ANY FAILURE OF COMPANY,ANY END USER OR
ANY OTHER CLINICIAN TO APPROPRIATELY RESPOND TO ANY SERVICE
RESULTS.
9. BUSINESS ASSOCIATE AGREEMENT: EXECUTION OF THIS CONTRACT WILL
ALSO RESULT IN EXECUTION OF THE ATTACHED BUSINESS ASSOCIATE
AGREEMENT AND THE TERMS INCLUDED THERE.
10. Any feedback provided by the Company regarding the Service("Feedback")is the proprietary
and confidential information of Luminare, and the Company hereby assigns all right, title and
interest in and to such Feedback, including all intellectual property rights therein,to Luminare.
The Company agrees not to disclose or provide such Feedback to any third party.
11. This Agreement shall be governed by and interpreted in accordance with the laws of the State
of Texas exclusively, excluding its conflicts of laws principles. Both the Uniform Computer
Information Transactions Act and the United Nations Convention on Contracts for the
International Sale of Goods (1980) are excluded in their entirety from application to this
Agreement. The parties consent to the exclusive jurisdiction of and venue in the federal and/or
state courts for Austin, Texas, for all claims arising out of or relating to this Agreement or the
Company's use of the Service. Notwithstanding any law, rule or regulation to the contrary, the
Company agrees that any claim or cause of action it may have arising out of this Agreement
or the Company's use of the Service must be filed within one(1)year after such claim or cause
of action arose or be forever barred.
12. This Agreement, including all documents incorporated herein by reference, constitutes the
complete and exclusive agreement between the parties with respect to the subject matter
hereof, and supersedes and replaces any and all prior or contemporaneous discussions,
negotiations, understandings and agreements, written and oral, regarding such subject matter.
Any additional or different terms in any purchase order or other response by the Company shall
be deemed objected to by Luminare without need of further notice of objection, and shall be
of no effect or in any way binding upon Luminare.
13. This Agreement may be executed in two or more counterparts, each of which will be deemed
an original,but all of which together shall constitute one and the same instrument. Once signed,
any reproduction of this Agreement made by reliable means (e.g., photocopy, PDF) is
considered an original. This Agreement may be changed only by a written document signed
by authorized representatives of both parties.
14. All parties agree that this contract is one wherein the Company is solely performing a
governmental function. All parties expressly agree that the Company is not engaging in any
propriety functions.
PAGE 6 OF 13 PAGES
AGENDA ITEM NO. 8.J
15. If any action at law or in equity is necessary to enforce this agreement, each party agrees to
pay its own attorneys' fees and will not seek to recover its own attorneys' fees from the other
party.
IN WITNESS WHEREOF, the parties have caused their duly authorized officers to
execute this Agreement.
LUMINARE INC. CLIENT: CITY OF WICHITA FALLS,TX
By: By:
Name: Sauna N.Velamuri,M.D. Name: Dacron J.Leiker
Title: Chief Executive Officer Title: City Manager
Attest:
City Clerk
Approved as to form:
City Attorney
Attachments: BUSINESS ASSOCIATE AGREEMENT
PAGE 7 OF 13 PAGES
AGENDA ITEM NO. 8.J
EXHIBIT A
to Service Agreement
Service Use Requirements; Service Specifications
Part 1—Current Data Input and similar Technical Requirements
Company shall provide or supply,as applicable,the following: Administrative oversight to ensure adequate overview of the
use of the Luminare solution purchased in Exhibit B for the Company.
Part 2-Security Matters Concerning Use of Service
Input Data will be supplied to Luminare either by Company or on Company's behalf. In addition, in order to access reports
generated by the Service, Company will have access to certain Service web page(s). Company will be responsible for
maintaining the security and confidentiality of all activity (i) to supply Input Data to the Service and (ii) to access reports
generated for Company by the Service. Company will take reasonable steps,including no less than industry standard security
measures, to prevent unauthorized use of the Service, and Company will immediately notify Luminare in writing of any
unauthorized use of any of its users' login names or passwords of which such user,or other Company party,becomes aware.
Luminare may suspend the Service(in whole or in part),including without limitation suspending access for certain previously
authorized users,in the event of the potential or actual compromise or unauthorized use of the Service.
Part 3—Compliance with Applicable Law
Each party agrees to comply with all applicable federal,state and local laws,orders,regulations and regulatory standards with
respect to its respective obligations and performance under this Agreement and, in the case of Company, with respect to
Company's use of the Service.
Part 4—Error Reporting
Company will follow Luminare's reasonable procedures and instructions to report any errors and difficulties it encounters with
regard to the Service so as to permit Luminare to recreate and evaluate same.
Part 5—Additional Restrictions on Company's Use of Service
Company will not(a)use the Service or any documentation, know-how or other information received from Luminare or its
representatives or licensors (the "Evaluation Materials") to create any similar application or service, (b)decompile,
disassemble or otherwise reverse engineer any technology employed by the Service,or use any similar means to discover the
source code or trade secrets embodied in the Service,or otherwise circumvent any technical measure that controls access to the
Service or(c)permit any third party use the Service to do any of the foregoing. Except for the limited rights and licenses
expressly granted in this Agreement,no other license is granted,no other use is permitted and Luminare and its licensors will
retain all right,title and interest(including patents,copyrights,trade secrets and trademarks)in and to the Service,Evaluation
Materials and any underlying intellectual property (acknowledging that none of the foregoing includes any Input Data).
Company will not take any action inconsistent with such ownership.
PAGE 8 OF 13 PAGES
AGENDA ITEM NO. 8.J
EXHIBIT B
to Service Agreement
Fee Schedule and Product Services
Solution Purchased: Luminare's Innoculate Covid Vaccine Management Solution
Contract term: Initially 12 Month term. Contract auto renews in 12 month increments unless 30 day notice of non-
renewal is received by Luminare.
Total amount invoiced at time of signing contract: $90,000.
Rates are for use for the citizens of Wichita County TX(geographic) location unless
otherwise specified
Services Rate Notes
Innoculate Covid-19 Vaccine License for use to Inoculate the
Management Solution $86100 citizens of Wichita County,TX
Standard support during working
Support Included hours by email
Protocol Vetting and
Compliance Checking Included
Pre-paid text bundle(20,000)
.015 per text Texts above 20,000 will be prebilled
$300.00 $300 to company in bundles of 10,000
Education Superuser training
per session Included Web-based training is free.
Set up fee$1500 0 Waived
One time discount Additional API's
One API integration$5,000 $3,600 will be billed at$5,000
Special Fees
• Customization and/or special project work beyond reasonable scope may be charged at an hourly rate
through December 31,2022,with estimates provided for approval prior to proceeding.
PAGE 9 OF 13 PAGES
AGENDA ITEM NO. 8.J
BUSINESS ASSOCIATE AGREEMENT(FOR HIPAA)
If a Customer is a Covered Entity or a Business Associate and includes Protected Health
Information in Customer Data (as such terms are defined below), execution of a license agreement that
includes Luminare's Terms of use (`Agreement") will incorporate the terms of this HIPAA Business
Associate Agreement ("BAA") into that agreement. If there is any conflict between a provision in this BAA
and a provision in the Agreement, this BAA will control.
WHEREAS, Covered Entity and Business Associate have executed the Agreement pursuant to which
Business Associate provides services (the "Agreement Services") for Covered Entity that may require
Business Associate to access or create health information that is protected by state and/or federal law;
WHEREAS, Business Associate and Covered Entity desire that Business Associate obtain access to such
information in accordance with the terms specified herein; and
NOW THEREFORE, in consideration of the mutual promises set forth in this BAA and other good and
valuable consideration, the sufficiency and receipt of which are hereby severally acknowledged, the parties
agree as follows:
1. Definitions. Unless otherwise specified in this BAA, all capitalized terms not otherwise defined shall
have the meanings established in Title 45, Parts 160 and 164, of the United States Code of Federal
Regulations, as amended from time to time, and/or in the American Recovery and Reinvestment Act of
2009 ("ARRA"). For purposes of clarification, the following terms shall have the definitions set forth below:
1.1 "Privacy Standards"shall mean the Standards for Privacy of Individually Identifiable Health
Information as set forth in 45 C.F.R. Parts 160 and 164.
1.2 "Security Standards" shall mean the Security Standards for the Protection of Electronic
Protected Health Information as set forth in 45 C.F.R. Parts 160 and 164.
2. Business Associate Obligations. Business Associate may receive from Covered Entity health
information that is protected under applicable state and/or federal law, including without limitation, Protected
Health Information (`PHI"). Business Associate agrees not to Use or Disclose (or permit the Use or
Disclosure of) PHI in a manner that would violate the requirements of the Privacy Standards or the Security
Standards if the PHI were used or disclosed by Covered Entity in the same manner. Business Associate
shall use appropriate safeguards to prevent the Use or Disclosure of PHI other than as expressly permitted
under this BAA.
3. Use of PHI. Business Associate may use PHI as necessary (i) for performing the Agreement
Services, (ii) for the proper management and administration of the Business Associate, or (iii) for carrying
out its legal responsibilities, provided in each case that such Uses are permitted under federal and state
law. Covered Entity shall retain all rights in the PHI not granted herein.
4. Disclosure of PHI. Business Associate may Disclose PHI as necessary (i) to perform the
Agreement Services, (ii) for the proper management and administration of the Business Associate, or (iii)
to carry out its legal responsibilities, provided that either (a) the Disclosure is Required by Law or (b) the
Business Associate obtains reasonable assurances from the person to whom the information is Disclosed
that the information will be held confidential and further Used and Disclosed only as Required by Law or for
the purpose for which it was Disclosed to the person, and such person agrees to immediately notify the
Business Associate of any instances of which it is aware that the confidentiality of the information has been
breached.
5. Reports.Business Associate agrees to report to Covered Entity:
5.1 Any Use or Disclosure of PHI not authorized by this BAA within five (5) days of the
Business Associate becoming aware of such unauthorized Use or Disclosure;
5.2 Any Security Incident within five (5) days of the Business Associate becoming aware of
the Security Incident; and
PAGE 10 OF 13 PAGES
AGENDA ITEM NO. 8.J
5.3 Each report of a Breach of Unsecured PHI Discovered by Business Associate,to the extent
Business Associate accesses, maintains, retains, modifies, records, stores, destroys or otherwise holds, Uses or
Discloses Unsecured PHI,unless delayed for law enforcement purposes, shall be made without delay and in no case
later than thirty(30)calendar days after Discovery of the Breach,and shall include the identification of each Individual
whose Unsecured PHI has been, or is reasonably believed by Business Associate to have been, accessed, acquired or
Disclosed during such Breach.Notwithstanding anything herein to the contrary,the provisions of this Section 5.3 shall
only be applicable to Breaches that are Discovered on or after the date that is thirty (30) days after the date of
publication of interim final regulations promulgated by the Secretary that address notifications of Breaches of
Unsecured PHI.
5.4 Business Associate agrees to indemnify and hold harmless, Covered Entity, its Officers,
directors, shareholders, agents, and employees against all liability claims, damages, suits, demands, expenses, and
civil monetary penalties(including but not limited to,court costs and reasonable attorneys' fees)of every kind arising
out of the negligent errors and omissions or willful misconduct of Business Associate,its agents,servants,employees
and independent contractors(excluding Covered Entity)in the performance of or conduct relating to this Section 5.
6. Agents and Subcontractors. If Business Associate discloses PHI received from Covered Entity, or
created or received by Business Associate on behalf of Covered Entity,to agents, including a subcontractor
(collectively, "Recipients"), Business Associate shall require Recipients to agree in writing to the same
restrictions and conditions that apply to the Business Associate under this BAA.
7. Individual Rights to Access and Amendment.
7.1 Access. If Business Associate maintains a Designated Record Set on behalf of
Covered Entity, Business Associate shall permit an Individual to inspect or copy PHI contained in that set
about the Individual in accordance with the Privacy Standards set forth in 45 C.F.R. § 164.524, as it may
be amended from time to time, unless excepted or a basis for denial exists under 45 C.F.R. § 164.524, as
determined by the Covered Entity. In the event a Business Associate uses or maintains an Electronic
Health Record on behalf of Covered Entity, then, as of the date required by ARRA, an Individual's right of
access under 45 C.F.R. § 164.524 shall include the right to obtain a copy of the PHI in an electronic format
and, if the Individual chooses in a clear, conspicuous and specific manner, to direct the Business Associate
to transmit such copy to any person designated by the Individual. Business Associate shall respond to any
request from Covered Entity for access by an Individual within five(5)days of such request unless otherwise
agreed to by Covered Entity. The information shall be provided in the form or format requested, if it is
readily producible in such form or format, or in summary, if the Individual has agreed in advance to accept
the information in summary form. A reasonable, cost based fee may be charged for copying PHI or
providing a summary of PHI in accordance with 45 C.F.R. § 164.524(c)(4), provided that any such fee
relating to a copy or summary of PHI provided in an electronic form may not be greater than the labor costs
incurred in response to the request for the copy or summary.
7.2 Amendment. Business Associate shall accommodate an Individual's right to
amend PHI or a record about the Individual in a Designated Record Set in accordance with the Privacy
Standards set forth at 45 C.F.R. § 164.526, as it may be amended from time to time, unless excepted or a
basis for denial exists under 45 C.F.R. § 164.526, as determined by the Covered Entity. Covered Entity
shall determine whether a denial to an amendment request is appropriate or an exception applies. Business
Associate shall notify Covered Entity within five (5) days of receipt of any request for amendment by an
Individual and shall make any amendment requested by Covered Entity within ten (10) days of such
request. Business Associate shall have a process in place for requests for amendments and for appending
such requests to the Designated Record Set.
8. Accounting of Disclosures.
8.1 General Accounting Provisions. Business Associate shall make available to
Covered Entity in response to a request from an Individual, information required for an accounting of
Disclosures of PHI with respect to the Individual, in accordance with 45 C.F.R. § 164.528, as it may be
amended from time to time, unless an exception to such Accounting exists under 45 C.F.R. § 164.528.
Such Accounting is limited to Disclosures that were made in the six(6) years prior to the request and shall
not include any Disclosures that were made prior to the compliance date of the Privacy Standards.
Business Associate shall provide such information necessary to provide an accounting within thirty (30)
days of Covered Entity's request.
PAGE 11 OF 13 PAGES
AGENDA ITEM NO. 8.J
8.2 Special Provisions for Disclosures made through an Electronic Health Record. As
of the date required by ARRA, if Covered Entity uses or maintains an Electronic Health Record with respect
to PHI and if Business Associate makes Disclosures of PHI for Treatment, Payment or Health Care
Operations purposes through such Electronic Health Record, Business Associate will provide an
accounting of Disclosures that Covered Entity has determined were for Covered Entity's Treatment,
Payment and/or Health Care Operations purposes to Individuals who request an accounting directly from
Business Associate. Any accounting made pursuant to this Section 8.2 shall be limited to Disclosures made
in the three (3) years prior to the Individual's request for the accounting. The content of the accounting
shall be in accordance with 45 C.F.R. § 164.528, as it may be amended from time to time.
8.3 Fees for an Accounting. Any accounting provided under Section 8.1 or Section 8.2
must be provided without cost to the Individual or to Covered Entity if it is the first accounting requested by
an Individual within any twelve (12) month period; however, a reasonable, cost based fee may be charged
for subsequent accountings if Business Associate informs the Covered Entity and the Covered Entity
informs the Individual in advance of the fee, and the Individual is afforded an opportunity to withdraw or
modify the request.
9. Withdrawal of Consent or Authorization. If the use or disclosure of PHI in this BAA is based upon
an Individual's specific consent or authorization for the use of his or her PHI, and (i)the Individual revokes
such consent or authorization in writing, (ii) the effective date of such authorization has expired, or (iii) the
consent or authorization is found to be defective in any manner that renders it invalid, Business Associate
agrees, if it has notice of such revocation or invalidity, to cease the Use and Disclosure of any such
Individual's PHI except to the extent it has relied on such Use or Disclosure, or where an exception under
the Privacy Standards expressly applies.
10. Records and Audit. Business Associate shall make available to Covered Entity and to the
Secretary or her agents, its internal practices, books, and records relating to the Use and Disclosure of PHI
received from, or created or received by, Business Associate on behalf of Covered Entity for the purpose
of determining Covered Entity's compliance with the Privacy Standards and the Security Standards or any
other health oversight agency, in a timely a manner designated by Covered Entity or the Secretary. Except
to the extent prohibited by law, Business Associate agrees to notify Covered Entity immediately upon
receipt by Business Associate of any and all requests served upon Business Associate by or on behalf of
any and all government authorities relating to PHI received from, or created or received by, Business
Associate on behalf of Covered Entity.
11. Notice of Privacy Practices. Covered Entity shall provide to Business Associate its Notice of
Privacy Practices ("Notice"), including any amendments to the Notice. Business Associate agrees that it
will abide by any limitations set forth in the Notice, as it may be amended from time to time, of which it has
knowledge. An amended Notice shall not affect permitted Uses and Disclosures on which Business
Associate has relied prior to receipt of such Notice.
12. Security. Business Associate will (i) implement Administrative, Physical and Technical Safeguards
that reasonably and appropriate protect the confidentiality, integrity and availability of the Electronic
Protected Health Information that it creates, receives, maintains, or transmits on behalf of Covered Entity;
and (ii) ensure that any agent, including a subcontractor, to whom it provides Electronic Protected Health
Information agrees to implement reasonable and appropriate safeguards to protect such information.
Further, as of the date required by ARRA, Business Associate shall comply with the standards and
implementation specifications set forth in 45 C.F.R. §§ 164.308, 164.310, 164.312 and 164.316 with respect
to such Administrative, Physical and Technical Safeguards.
13. Term and Termination.
13.1 This BAA shall commence on the effective date of the Agreement and shall remain
in effect until terminated in accordance with the terms of this Section 13, provided, however, that any
termination shall not affect the respective obligations or rights of the parties arising under this BAA prior to
the effective date of termination, all of which shall continue in accordance with their terms.
13.2 Covered Entity shall have the right to terminate this BAA for any reason upon thirty
(30) days written notice to Business Associate.
13.3 Covered Entity,at its sole discretion, may immediately terminate this BAA and shall
have no further obligations to Business Associate hereunder if any of the following events shall have
occurred and be continuing:
PAGE 12 OF 13 PAGES
AGENDA ITEM NO. 8.J
(i) Business Associate shall fail to observe or perform any material covenant or
agreement contained in this BAA for ten (10) days after written notice thereof has been given to Business
Associate by Covered Entity; or
(ii) A violation by Business Associate of any provision of the Privacy Standards,
Security Standards, or other applicable federal or state privacy law.
13.4 Upon the termination of the Agreement, this BAA shall terminate simultaneously
without additional notice.
13.5 Upon termination of this BAA for any reason, Business Associate agrees either to
return to Covered Entity or to destroy all PHI received from Covered Entity or otherwise created through
the performance of the Agreement Services for Covered Entity, that is in the possession or control of
Business Associate or its agents. In the case of information for which it is not feasible to"return or destroy,"
Business Associate shall continue to comply with the covenants in this BAA with respect to such PHI and
shall comply with other applicable state or federal law, which may require a specific period of retention,
redaction, or other treatment. Termination of this BAA shall be cause for Covered Entity to terminate the
Agreement.
14. Compliance with Red Flap Policies. Covered Entity shall provide to Business Associate any
policies and procedures adopted by the Covered Entity to detect, prevent and mitigate the risk of identity
theft in accordance with the "Red Flag Rules" promulgated by the Federal Trade Commission, as well as
any amendments to such policies and procedures. Business Associate agrees that it will abide by such
policies and procedures, and any amendments to such policies and procedures of which it is aware, in
rendering the Agreement Services to Covered Entity.
15. Miscellaneous.
15.1 Notice. Customer hereby agrees that any reports, notification or other notice by
Luminare pursuant to this BAA may be made electronically. Customer shall provide contact information to
support@luminaremed.com or such other location or method of updating contact information as Microsoft
may specify from time to time and shall ensure that Customer's contact information remains up to date
during the term of this BAA. Contact information must include name of individual(s)to be contacted, title of
individual(s) to be contacted, em-mail address of individual(s) to be contacted, name of Customer
organization and if available, either contract number or customer identification number.
15.2 Waiver. No provision of this BAA or any breach thereof shall be deemed waived
unless such waiver is in writing and signed by the party claimed to have waived such provision or breach.
No waiver of a breach shall constitute a waiver of or excuse any different or subsequent breach.
15.3 Assignment. Neither party may assign (whether by operation or law or otherwise)
any of its rights or delegate or subcontract any of its obligations under this BAA without the prior written
consent of the other party. Notwithstanding the foregoing, Covered Entity shall have the right to assign its
rights and obligations hereunder to any entity that is an affiliate or successor of Covered Entity, without the
prior approval of Business Associate.
15.4 Compliance with ARRA; Agreement to Amend BAA. The parties agree that it is
their intention (i) to comply with the privacy and security provisions contained in Title XIII of ARRA and (ii)
to incorporate those provisions into this BAA to the extent required by ARRA. The parties further agree to
amend this BAA to the extent necessary to comply with state and federal laws, including without limitation,
the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and ARRA, and any regulations
promulgated or other guidance issued pursuant to HIPAA and ARRA.
15.5 Entire Agreement. This BAA constitutes the complete agreement between
Business Associate and Covered Entity relating to the matters specified in this BAA, and supersedes all
prior representations or agreements, whether oral or written, with respect to such matters. In the event of
any conflict between the terms of this BAA and the terms of the Agreement or any such later agreement(s),
the terms of this BAA shall control unless the terms of such Agreement or later agreement comply with the
Privacy Standards and the Security Standards. No oral modification or waiver of any of the provisions of
this BAA shall be binding on either party. This BAA is for the benefit of, and shall be binding upon the
parties, their affiliates and respective successors and assigns. No third party shall be considered a third
party beneficiary under this BAA, nor shall any third party have any rights as a result of this BAA.
15.6 Governing Law. This BAA shall be governed by and interpreted in accordance
with the laws of the State of Texas.
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AGENDA ITEM NO. 8.J