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AGD 11/07/2023
City of Wichita Falls City Council Agenda Stephen Santeliana, Mayor Bobby Whiteley, Mayor Pro Tem/At Large ' \ . Michael Smith, District 1 Larry Nelson, District 2 \--Uc4i4 Jeff Browning, District 3 rA a S Tim Brewer, District 4 c�,r A. TEXAS Steve Jackson, District 5 `� S/ue5Aie:4o/deo 0 ortumities: �� Darron Leiker, City Manager �rhRtA,tt.57 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, November 7, 2023, Beginning At 8:30 A.M. This meeting can be accessed and viewed at the following locations: 1. A livestream will be shown on the City's Facebook page (City of Wichita Falls, Texas Government) (https://www.facebook.com/citvofwichitafalls) 2. A video of the meeting will be posted on the City's YouTube page (https://www.voutube.cornicitvofwf) Item # 1 . Call to Order 2. (a) Invocation: Reverend David Sapata DAV TX Chapter 41 (b) Pledge of Allegiance 3. Presentations (a) Proclamation — Employee of the Month, Michael Moreno, Code Enforcement (b) Proclamation — Nurse Practitioner Day, Wichita County Nurse Practitioners CONSENT AGENDA 4. Approval of minutes of the October 17, 2023 Regular Meeting of the Mayor and City Council. 5. Resolutions (a) Resolution authorizing the purchase of two (2) Aluminum Solid Waste Transfer Trailers to BTE Body Company, Inc. in the amount of $241 ,732.00 6. Receive Minutes (a) WFMPO, Technical Advisory Committee, July 6, 2023 (b) Employee Benefits Trust Board, August 24, 2023 (c) Planning & Zoning Commission, September 13, 2023 (d) Park Board, September 28, 2023 REGULAR AGENDA 7. Ordinances (a) Ordinance making an appropriation to the Special Revenue Fund for STD/HIV-DIS Prevention Services Program in the amount of $299,909; received from the Department of State Health Services; authorizing the City Manager to execute contract accepting same (b) Ordinance making an appropriation to the Special Revenue Fund for the Federal Tuberculosis Prevention and Control Program in the amount of $16,052; received from the Department of State Health Services; authorizing the City Manager to execute contract accepting same (c) Ordinance appropriating $868.12 of grant funds pursuant to the Office of the Governor, Public Safety Office, Criminal Justice Division, FY 2023 ALERRT Travel Assistance, appropriating said funds to the Special Revenue Fund, and authorizing the City Manager to execute all documents necessary to accept and share said funds (d) Ordinance appropriating $150,334.65 of grant funds pursuant to the Office of the Governor, Public Safety Office, Criminal Justice Division, FY 2024 Body-Worn Camera Grant Program, appropriating said funds to the Special Revenue Fund, and authorizing the City Manager to execute all documents necessary to accept and share said funds (e) Ordinance appropriating $113,560.00 of grant funds pursuant to the Office of the Governor, Public Safety Office, Criminal Justice Division, FY 2024 Criminal Justice Grant Program, appropriating said funds to the Special Revenue Fund, and authorizing the City Manager to execute all documents necessary to accept and share said funds 8. Resolutions (a) Resolution authorizing the emergency rehabilitation of 436 feet of sewer collections pipeline at Lift Station 14, by Insituform Technologies LLC., in the amount of $84,850.00 (b) Resolution authorizing the award of a sole source rehabilitation of a Belt Filter Press at the Wichita Falls Resource Recovery Facility, to Andritz Separation Technologies Inc., in the amount of $309,942.00 (c) Resolution approving the programs and expenditures of the Wichita Falls Economic Development Corporation (WFEDC/4A) by amending the budget to include an up to $75,000 performance agreement with Magic Aire, Inc. to assist in site improvements at the existing facility in Wichita Falls (d) Resolution approving the programs and expenditures of the Wichita Falls Economic Development Corporation (WFEDC/4A) by amending the budget and the existing performance agreement with Panda Biotech for an additional amount not to exceed $200,000 related to the company's operation out of their existing facility on 1-44. 9. Other Council Matters (a) Staff Reports (b) Announcements concerning items of community interest from members of the City Council. No action will be taken or discussed. 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 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 CITY COUNCIL AGENDA PAGE 3 OF 4 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, Magic Aire, Inc. and Panda Biotech). 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 1st day of November, 2023 at 5:30 o'clock p.m. City Clerk CITY COUNCIL AGENDA PAGE 4 OF 4 CITY COUNCIL AGENDA November 7, 2023 ITEM/SUBJECT: November Employee of the Month. INITIATING DEPT: Human Resources NAME: Michael Moreno DEPARTMENT: Code Enforcement Division HIRE DATE: 11/18/2011 PRESENT POSITION: Code Enforcement Officer COMMENTARY: Presentation of the Employee of the Month Award (plaque, letter of appreciation, gift card, dinner for two, and a check for $100). ® Director of Human Resources ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 1 OF 1 PAGES AGENDA ITEM NO. 3.A City of Wichita Falls City Council Meeting .....� Minutes ,� � ` �r� ` � '. �� )• �'I October 17, 2023 TEXAS 4 "' + F' 07. $/ueSkieF.4o/de,Opp tmeees +L Item 1 - Call to Order The City Council of the City of Wichita Falls, Texas, met in regular session at 8:30 a.m. on the above date in the Council Chambers at Memorial Auditorium with the following members present. Stephen Santellana - Mayor Tim Brewer - Councilors Jeff Browning - Steve Jackson - Larry Nelson - Michael Smith - Darron Leiker - City Manager Kinley Hegglund - City Attorney Marie Balthrop - City Clerk Absent: Bobby Whiteley, Councilor At-Large Mayor Santellana called the meeting to order at 8:30 a.m. Item 2a — Invocation Pastor Michael Hanson, First Presbyterian Church, gave the invocation. Item 2b — Pledge of Allegiance Mayor Santellana led the Pledge of Allegiance. PAGE 1 of 13 AGENDA ITEM NO.4. Item 3-5 — Consent Items 8:32 a.m. Darron Leiker, City Manager, gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Browning to approve the consent agenda. Motion seconded by Councilor Nelson and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, and Smith Nays: None Item 3 — Approval of Minutes of the October 3, 2023, Regular Meeting of the Mayor and City Council Item 4 — Ordinance 56-2023 Ordinance authorizing the City Manager to award contract to Hedgerow Software US Inc for the Health Department Environmental Health Systems Conversion Project, in the amount of $72,000. Item 5 — Receive Minutes (a) Library Advisory Board, July 18, 2023 (b) Lake Wichita Revitalization Committee, September 12, 2023 Item 6a(i) — Public hearing on an ordinance finding certain buildings and/or structures to be dangerous; requiring property owners to demolish said buildings and/or structures within thirty (30) days of the date of this ordinance and declaring an emergency and immediate effective date 8:33 a.m. Mayor Santellana opened the public hearing at 8:33 a.m. Rita Miller, Code Enforcement & Housing Administrator, discussed the dangerous structure criteria, demolition process, and notice timeline. Mrs. Miller requested that 304 6th Street, 2009 8th Street, and 1008 Austin Street be removed from the list due to owners CITY COUNCIL MINUTES October 17, 2023 PAGE 2 OF 13 PAGE 2 of 13 AGENDA ITEM NO.4. either making substantial progress on renovation or having demolished the structures prior to the meeting. She presented the following dangerous structures for demolition: 2614 9th Street, accessory structure — Date of notice January 30, 2023, no taxes are owed, and water is still connected. There were no public comments. 813 Chance Street, main structure — Date of notice May 31 , 2023, no taxes are owed, and the water was disconnected on June 5, 2001 . Julie Lewis, 5226 Air Force Dr., asked for an extension beyond the 30 days to demolish the property since she purchased it less than a year ago. Rita Miller stated that there is time built into the process due to environmental evaluations and receiving bids. Ms. Lewis will have time to hire her own contractor and demolish the property if she chooses. 1102 Corwin Street, main structure — Date of notice October 13, 2022, $3,408.76 taxes are owed, and the water was disconnected on November 14, 2007. There were no public comments. 202 Farris Street, main structure — Date of notice January 20, 2023, no taxes are owed, the water was disconnected November 4, 2008, and animals are inhabiting the structure. There were no public comments. 1816 E. Fort Worth Street, commercial structure — Date of notice October 14, 2022, no taxes are owed, the water was disconnected March 19, 2019, and a structure fire was reported on May 20, 2022. Michael Jones, 103 Chaparral, son of the owner, stated that his father has dementia, and he is currently using the property for storage. There was brief discussion regarding the condition of the building, the repairs that would be required, and how the property would have to meet commercial requirements. Mr. Jones is not the owner and does not have power of attorney. 1306 Giddings Street, accessory structure — Date of notice January 20, 2023, $2,273.49 taxes are owed, the water was disconnected November 4, 2022, and a structure fire was reported on August 14, 2022. Manuel Mejia, 4518 Woodcrest Circle, is the lien holder and is in the process of taking back ownership of the property through the court. Since Mr. Mejia is not the current owner the City cannot provide him additional time, but he can continue to work with staff when he takes ownership. 1112 Holliday Street, commercial structure — Date of notice October 13, 2022, no taxes are owed, and the water was disconnected July 26, 2005. There were no public comments. 5114 Inlet Drive, main structure — Date of notice November 8, 2022, $2,979.45 taxes are owed, and the water was disconnected on January 31 , 2023. There were no public comments. CITY COUNCIL MINUTES October 17, 2023 PAGE 3 OF 13 PAGE 3 of 13 AGENDA ITEM NO.4. 2620 Iowa Park Road, AKA 1005 Harlan Avenue, residential/commercial structure— Date of notice May 31 , 2023, no taxes are owed, and the water meter was pulled on December 15, 1998. The property owner would like to demolish the building. It was noted that there is time built into the process for the owner to hire a contractor of his choice to demolish the building. 1800 McGregor Avenue, main structure — Date of notice March 27, 2023, no taxes are owed, the water was disconnected December 20, 2022, a structure fire was reported on December 17, 2022, and a demolition and cleaning lien was signed October 5, 2023. There were no public comments. 606 Walnut Street, commercial structure — Date of notice January 20, 2023, no taxes are owed, the water was disconnected May 13, 2015, there is an active commercial roofing and window replacement permit that was issued February 6, 2023, and extended in July with no progress. The contractor has pulled a permit, demolished the ceiling and sheetrock to repair the trusses, and he intends to install a metal roof. Contractor is asking for an extension of 120 days to obtain a restoration permit. Beverly Taylor Ellis, 1605 Parkdale, thanked the City Council for agreeing to accommodate the owner of 606 Walnut Street to repair his property. Tom Taylor, 2318 Rockhill Rd., seconded Ms. Ellis's comments and applauded all of the Council for their empathy in handling these issues. Mayor Santellana closed the public hearing at 9:11 a.m. Item 6a (ii) — Ordinance 57-2023 9:11 a.m. Ordinance finding certain buildings and/or structures to be dangerous; requiring property owners to demolish said buildings and/or structures within thirty (30) days of the date of this ordinance and declaring an emergency and immediate effective date. Moved by Councilor Browning to approve Ordinance 57-2023 and remove 604 6th Street, 2009 8th Street, and 1008 Austin from the list, and move 606 Walnut Street, to the list for repairs. Motion seconded by Councilor Brewer and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, and Smith Nays: None CITY COUNCIL MINUTES October 17, 2023 PAGE 4 OF 13 PAGE 4 of 13 AGENDA ITEM NO.4. Item 6b — Ordinance 58-2023 9:12 a.m. Ordinance amending Ordinance No. 12-2023 Declaring Certain Structures As Dangerous By Allowing Additional Time To Rehabilitate 914 E. Scott Ave. (Abandoned Motel). Moved by Councilor Brewer to approve Ordinance 58-2023. Motion seconded by Councilor Browning. Mrs. Miller discussed the desire to allow the new property owner additional time to rehabilitate the property. This property was previously on the demolition list, was sold at a Sheriff's Sale to Doyle Property Management, and Mr. Doyle has made improvements to the property but is unable to pull any permits since it is on the demolition list. David Doyle, 3500 Noble, Fort Worth, TX, addressed the Council. He has purchased several properties in Wichita Falls, has invested approximately $2 million, and is currently focusing on Scott Street and the downtown area. He obtained a report from a structural engineer and he intends to completely remodel the old Budget Inn Motel at 914 E. Scott Ave. Motion carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, and Smith Nays: None Item 6c — Ordinance 59-2023 9:18 a.m. Ordinance appropriating $950.00 of grant funds pursuant to the FY 2023 Patrick Leahy Bulletproof Vest Partnership Grant, appropriating said funds to the Special Revenue Fund, and authorizing the City Manager to execute all documents necessary to accept and share said funds. Moved by Councilor Browning to approve Ordinance 59-2023. Motion seconded by Councilor Jackson and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, and Smith CITY COUNCIL MINUTES October 17, 2023 PAGE 5 OF 13 PAGE 5 of 13 AGENDA ITEM NO.4. Nays: None Item 6d — Ordinance 60-2023 9:19 a.m. Ordinance appropriating $37,692.00 of grant funds pursuant to the 2023 Edward Byrne Memorial Justice Assistance Grant (JAG) Program, appropriating said funds to the Special Revenue Fund, and authorizing the City Manager to execute all documents necessary to accept and share said funds. Moved by Councilor Browning to approve Ordinance 60-2023. Motion seconded by Councilor Nelson and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, and Smith Nays: None Item 6e — Ordinance 61-2023 9:21 a.m. Ordinance authorizing the City Manager or his designee, to accept from the Office of the Governor, Homeland Security Grant Division for the 2023 State Homeland Security Program, Law Enforcement Terrorism Prevention Activities — Grant #4727401 , in the amount of $65,259.00. Moved by Councilor Brewer to approve Ordinance 61-2023. Motion seconded by Councilor Browning and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, and Smith Nays: None Item 7a — Resolution 120-2023 9:22 a.m. CITY COUNCIL MINUTES October 17, 2023 PAGE 6 OF 13 PAGE 6 of 13 AGENDA ITEM NO.4. Resolution authorizing the City Manager to execute contracts with several community service organizations and organizations that promote the convention and tourism industry. Moved by Councilor Browning to approve Resolution 112-2023. Motion seconded by Councilor Nelson carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, and Smith Nays: None Item 7b — Resolution 121-2023 9:23 a.m. Resolution to accept the written offers as presented for 1 Trustee parcel and authorizing execution of the Quitclaim Deed to convey title to Akiel Hardy and Andrew Skinner. Moved by Councilor Brewer to approve Resolution 121-2023. Motion seconded by Councilor Browning, and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, and Smith Nays: None Item 7c — Resolution 122-2023 9:25 a.m. Resolution authorizing a contract for professional services to Halff Associates, Inc. to provide planning services for a new Parks and Recreations Master Plan in the amount not to exceed $200,000. Moved by Councilor Browning to approve Resolution 122-2023. Motion seconded by Councilor Nelson. Blake Jurecek, Assistant City Manager, discussed the importance of the Master Plan, the process, opportunities for public engagement, and how the plan is a requirement for some grant applications. CITY COUNCIL MINUTES October 17, 2023 PAGE 7 OF 13 PAGE 7 of 13 AGENDA ITEM NO.4. Councilor Jackson asked about the number of parks, how we compare with other cities, and the possibility of reducing the number of parks. Beverly Taylor Ellis, 1605 Parkdale, applauded Mr. Jurecek for his work on city parks, and asked that the City consider not weighing heavily on online public input since not everyone has access to the internet. She discussed community involvement with park improvements, grant applications, and how the city might consider hiring a grant writer to apply for the various federal, state, and local grants available. Tom Taylor, 2318 Rockhill Rd., thanked the Council for allocating funds to this project. He serves as the vice-chair of the Parks Board, and discussed the review of the 39 parks completed by the board. They looked at the conditions of each park, completed an equipment inventory, and discussed the age of some of the equipment. Good parks and recreation bring businesses, tourists, and new residents to town, and without the Master Plan we will be limited on grants and other funds to improve our parks. Mayor Santellana addressed comments he has heard regarding the expense of hiring an outside company to complete the Master Plan, the importance of the plan, the importance of community input, and the importance of hiring professionals to complete the process. Councilor Jackson gave kudos to Terry Points for his work on all of our City parks, and for staying on top of removing graffiti. Steve Garner, 2806 S. Shepherds Glen, discussed the importance of recreational opportunities for quality of life, especially for residents at Sheppard Air Force Base and students attending Midwestern State University. He encouraged individuals participating in process to include those groups, and discussed the benefits of park improvements to our community. Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, and Smith Nays: None Item 7d — Resolution 123-2023 9:48 a.m. Resolution authorizing the acquisition of approximately 6.1 acres of land belonging to Burlington Northern Railway Company for the construction of South Wenonah Boulevard, and authorizing the City Manager to execute all related documents to purchase said property for an amount not to exceed $362,500 plus standard closing costs. Moved by Councilor Brewer to approve Resolution 123-2023. CITY COUNCIL MINUTES October 17, 2023 PAGE 8 OF 13 PAGE 8 of 13 AGENDA ITEM NO.4. Motion seconded by Councilor Smith and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, and Smith Nays: None Item 7e — Resolution 124-2023 10:01 a.m. Resolution authorizing the City Manager to execute a Professional Services Agreement with Biggs & Mathews, Inc. for the design of the South Wenonah Extension in the amount of $668,500.00. Moved by Councilor Browning to approve Resolution 124-2023. Motion seconded by Councilor Nelson and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, and Smith Nays: None Item 7f— Resolution 125-2023 10:03 a.m. Resolution authorizing the City Manager to enter into an agreement with Anthony Inman Construction, Inc for demolition and asbestos abatement services, as well as, the purchase and installation of the replacement building HVAC system and electrical switch gear for Memorial Auditorium with an estimated cost of $1 ,984,293 and delegating evaluation authority to the City Manager to the maximum extent authorized by Texas Gov't Code § 2269.053. Moved by Councilor Brewer to approve Resolution 125-2023. Motion seconded by Councilor Browning, and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, and Smith Nays: None CITY COUNCIL MINUTES October 17, 2023 PAGE 9 OF 13 PAGE 9 of 13 AGENDA ITEM NO.4. Mayor Santellana moved to Executive Session Item 10 — Executive Sessions City Council adjourned into Executive Session at 10:15 a.m. in accordance with Texas Government Code §551 .072 and §551 .074. City Council reconvened at 10:50 a.m. Mayor Santellana reconvened in open session and announced that no votes or polls were taken. Mayor Santellana returned to item 7g Item 7q — Resolution 126-2023 10:50 a.m. Resolution authorizing a two-year lease agreement with Big Blue Properties WF, LLC for leasing office space for government operations during the Memorial Auditorium renovation for $17,500 per month. Moved by Councilor Brewer to approve Resolution 118-2023. Motion seconded by Councilor Browning and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, and Smith Nays: None Item 7h — Resolution 127-2023 10:59 a.m. CITY COUNCIL MINUTES October 17, 2023 PAGE 10 OF 13 PAGE 10 of 13 AGENDA ITEM NO.4. Resolution authorizing a two-year lease agreement with Wichita Tower, INC. for leasing office space for government operations during the Memorial Auditorium renovation for $18,585 per month. Moved by Councilor Brewer to approve Resolution 127-2023. Motion seconded by Councilor Nelson and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, and Smith Nays: None Item 7i — Resolution 128-2023 11 :00 a.m. Resolution of the City Council of the City of Wichita Falls, Texas nominating individuals to serve on the Wichita Appraisal District Board of Directors. Moved by Councilor Nelson to approve Resolution 128-2023. Motion seconded by Councilor Smith. Marie Balthrop, City Clerk, discussed the changes to the appointment process due to SB 2. Councilor Smith moved to recommend Glenn Barham and Jeff Taylor for the Wichita Appraisal District Board of Directors. Motion seconded by Councilor Brewer, and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, and Smith Nays: None Item 8a — Announcements concerning items of community interest from members of the City Council. No action will be taken or discussed. 11 :01a.m. Councilor Jackson encouraged everyone to get out and vote, Early Voting begins October 23, and Election Day is November 7th CITY COUNCIL MINUTES October 17, 2023 PAGE 11OF13 PAGE 11 of 13 AGENDA ITEM NO.4. Councilor Brewer asked Russell Schreiber, Director of Public Works, to explain the importance of the water reuse system. Mr. Schreiber stated the reuse system has been used nonstop since June 2021, how efficiently it is run, how without it we would be well into stage 2 drought restrictions, and how we continue with the Lake Ringgold permitting process to advance our future water supply. There was brief discussion regarding the cost of service, and services water bill fees cover. Councilor Smith discussed the need for citizens to stay on top of lawn care before grass grows too tall. He discussed the new non-profit, Help Me Grow Wichita County, that will support families with small children and is sponsored by United Way. He attended a meeting at the State Hospital and there will be a new State Hospital facility built on the property and construction will begin this fall and it will open in 2027. This Saturday is Halloween in the Park at the Softball Complex on Sheppard Access Road, and he reminded everyone of the upcoming election and suggested everyone get the League of Women Voters Guide that discusses candidates and the constitutional amendments on the ballot. Councilor Nelson congratulated Mr. Kelty and thanked him for his work downtown, and thanked Mr. Doyle for his work. He enjoyed the TML conference and enjoyed networking with other city officials. Mayor Santellana discussed the upcoming election, and the importance of the TML Conference and the classes they provide. He encouraged everyone to grab a buddy and get out and vote. Item 9 — Comments from the Public to Members of the City Council Concerning Items That Are Not on the City Council Agenda 11 :16 a.m. There were no comments from citizens. Item 11 —Adjourn Mayor Santellana adjourned the meeting at 11:17 a.m. PASSED AND APPROVED this 7th day of November 2023. CITY COUNCIL MINUTES October 17, 2023 PAGE 12 OF 13 PAGE 12 of 13 AGENDA ITEM NO.4. Stephen Santellana, Mayor ATTEST: Marie Balthrop, TRMC, MMC City Clerk CITY COUNCIL MINUTES October 17, 2023 PAGE 13 OF 13 PAGE 13 of 13 AGENDA ITEM NO.4. CITY COUNCIL AGENDA NOVEMBER 7, 2023 ITEM/SUBJECT: Resolution authorizing the purchase of two (2) Aluminum Solid Waste Transfer Trailers to BTE Body Company, Inc. in the amount of $241 ,732.00. INITIATING DEPT: Public Works STRATEGIC GOAL: Efficiently Deliver City Services STRATEGIC OBJECTIVE: N/A COMMENTARY: Bids were opened on October 13, 2023 for the purchase of two aluminum solid waste transfer trailers for the Sanitation Division. One responsive bid was received meeting all specifications. VENDOR MODEL Per UNIT TOTAL BTE Body Co. MAC WASTE $120,866.00 $241,732.00 TRAILER These replacement trailers are used for transporting solid waste from the Transfer Station to the Landfill. The Transfer Station rotates five trailers throughout the day averaging a total of 25 trips per day to the landfill. Staff recommends award of bid for the aluminum solid waste transfer trailers to BTE Body Co. in the amount of $241 ,732.00. The budget for this purchase was $280,000.00. ® 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 authorizing the purchase of two (2) Aluminum Solid Waste Transfer Trailer to BTE Body Company, Inc. in the amount of$241,732.00. WHEREAS, the City advertised and requested bids for the purchase of two Aluminum Solid Waste Transfer Trailers; and WHEREAS, bids were received and publicly opened on October 13, 2023; and WHEREAS, the City Council finds that the lowest responsible bidder was BTE Body Company, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The bid for the purchase of two Aluminum Solid Waste Transfer Trailers is awarded to BTE Body Company, inc. in the amount of$241 ,732.00, and City Staff is authorized to execute all documents, in forms approved by the City Attorney, necessary to purchase said item in accordance with the bid specifications. PASSED AND APPROVED this the 7th day of November, 2023. MAYOR ATTEST: City Clerk PAGE 2 OF 3 PAGES AGENDA ITEM NO. 5.A 10/13/2023 BID TABULATION BID 23-24 ALUMINUM SOLID WASTE TRANSFER TRAILER (2 EACH) VENDOR MODEL UNIT TOTAL BTE BODY CO MAC WASTE 12D 866.DD $241,732.00 IRVING TX TRAILER ,»SGastzrfC±e �;. s 4C C ON. PAGE 3 OF 3 PAGES AGENDA ITEM NO. 5.A WICHITA FALLS METROPOLITAN PLANNING ORGANIZATION Technical Advisory Committee Minutes Thursday, July 6, 2023 Voting Members Present: Lin Barnett,Wichita Falls MPO, MPO Director, TAC Chairperson Blane Boswell, City of Wichita Falls, City Engineer Callan Coltharp, TxDOT,Area Engineer Karen Montgomery-Gagne, City of Wichita Falls,Planning Administrator Monty Brown,TxDOT, Director of Construction Scot Reaves,TxDOT,Director of TP&D MPO Staff Jaimie Lee,Wichita Falls MPO, Senior Transportation Planner Absent: David Rohmer,TxDOT, Director of Operations Doug Wooster, City of Wichita Falls,Interim Traffic Superintendent Terry Floyd, Director of Development Services I. Welcome &Introduction Mr. Barnett, TAC chairperson, called the meeting to order at 9:32 a.m. and welcomed everyone in attendance. II. Public Comment on Agenda and Non-Agenda Items Mr. Barnett asked for any public comments on agenda and non-agenda items. Receiving none, the committee moved on to the next agenda item. III. Review and Approval of the April 6, 2023 Technical Advisory Committee's (TAC) Meeting Minutes Mr. Barnett asked for any comments or corrections to the April 6, 2023 TAC meeting minutes.Receiving none,he asked for a motion to approve the minutes.Mr.Boswell made the motion to approve. Mr. Reaves seconded the motion,which passed unanimously. IV. Review and Comment Regarding the April 25, 2023 Transportation Policy Committee's (TPC's) Meeting Minutes -No Action Required Mr. Barnett asked for comments on the April 25, 2023 TPC meeting minutes. Receiving none,the committee moved on to the next agenda item. Wichita Falls MPO TAC Meeting July 6, 2023 1 I F 3 = e PAGE 1 of 3 AGENDA ITEM NO.6.a V. Review and Recommendation to the Policy Board to Approve Resolution#5-2023: Adopt the FY 2022 Annual Project Listing(APL) for Authorization and Submittal to TxDOT Mr. Barnett directed the committee's attention to page 9 of the meeting packet. Mr. Barnett stated this resolution complies with the new TxDOT requirement that all MPO's collaborate with their local TxDOT districts during the production of the Annual Project Listing(APL).He stated that all MPO's must submit an APL at the end of each year,in early December.The expectation is that the District Offices will verify the APL information with the MPO's as the District has more in-depth information to support the MPO. Mr.Barnett stated WFMPO posted the 2022 APL on the MPO's homepage for public comment from May 26th through June 26th. He stated that these new procedures for the APL-consulting with the TxDOT District Office,posting the APL for public comment, and asking the TPC Policy Board to approve the resolution - will now become an annual requirement. The resolution will be presented to the Policy Board at the July 25th TPC meeting.Mr.Barnett asked for any comments or questions regarding Resolution #5-2023. Receiving none,he asked for a motion to forward the document to the Policy Board for their review and approval.Mr.Coltharp made the motion to forward the document to the Policy Board.Mr. Brown seconded the motion,which passed unanimously. VI. Review and Recommend to the Policy Board to Approve Wichita Falls Transit System TIP Amendments for 2023 and 2024 Mr. Barnett directed the committee's attention to the Transportation Improvement Program (TIP)enclosure. He stated the Wichita Falls Transit System had submitted their request to amend Fiscal years 2023 and 2024 in Section IV- Federally Funded Transit Projects of the 2023-2026 TIP.Mr.Barnett stated these changes reflect updates to Capital, Preventive,Maintenance,Operation Assistance and Planning based on forecasted Section 5307 formula dollars.He stated WFMPO will present the amendments to the Policy Board for approval at the July 25th TPC meeting. Mr. Barnett asked for any comments or questions regarding the amendments. Receiving none, he asked for a motion to forward the amendments to the Policy Board for their review and approval. Ms. Gagne made the motion to approve.Mr. Boswell seconded the motion,which passed unanimously. VII. Update on the 2023 Bicycle Friendly Community Application for Bronze Level Renewal Mr.Barnett updated the committee on the current progress of the 2023 Bicycle Friendly Community Application renewal. He stated he will contact the Bicycle Friendly Working Group today for progress updates as well. Mr. Barnett stated that starting Friday,he will begin inputting information into the online application. Mr. Barnett asked for comments or questions regarding the Bicycle Friendly Community Application. Receiving none,the committee moved on to the next agenda item. VIII. Other Business: a. Discussion&Overview of Progress on Local Transportation Projects-City and TxDOT staff(Quarterly Review) City: Mr. Boswell reported Taft Blvd.widening was 100%complete.2023 Asphalt St. Rehab was 85% complete. The Business Park Streets and Drainage Project is 99% Wichita Falls MPO TAC Meeting July 6, 2023 2 I P a g e PAGE 2 of 3 AGENDA ITEM NO.6.a • complete. 2022 Concrete St. Rehab project was 98% complete. 2023 Concrete St. Rehab project is at 0% complete. Future projects include Lake Wichita Parking Lot. TxDOT:, Mr. Coltharp reported on the current construction projects: SH 240 intersection improvements, FM 369 Districtwide Seal Coat, FM 1814 Roadway Widening, LP 473 Mill at Gutters, FM 2380, SH 79 and SL 473 are pavement repair and overlay. b. MPO Quarterly Financial Report (2nd Quarter FY 2023 - January, February, March) Mr.Barnett reported on the 3rd quarter expenses for the MPO.He stated that the MPO had spent 45%of its total allocation for FY 2023.Mr.Barnett asked for any comments or questions on the first quarter financial report.He received none. c. Other Items Mr. Barnett stated the MPO would begin the process for hiring a qualified consultant for the MTP update.He stated the update is due January 2025 and a consultant would be hired by January 2024 because it is a yearlong process to update the MTP. IX. Meeting Adjournment The meeting adjourned at 10:12 a.m. Irvan F."Lin"Barnett Jr. MPO Transportation Planning Director Wichita Falls MPO Wichita Falls MPO TAC Meeting July 6, 2023 3 I P a g e PAGE 3 of 3 AGENDA ITEM NO.6.a City of Wichita Falls Employee Benefits Trust Board Meeting Minutes August 24th, 2023 The meeting was held in the City Council Conference Room at Memorial Auditorium, 1300 Seventh Street, Wichita Falls, TX 76301 . Present: Darron Leiker, City Manager Paul Menzies, Assistant City Manager Kinley Hegglund, City Attorney Christi Klyn, Director of Human Resources Jessica Williams, Chief Financial Officer Stephen Santellana, Mayor Angela Bosma, Employee Benefits Specialist II Via remote: Brent Weegar, HUB International, Senior Vice President Blaze McCarthy, Senior Account Manager Agenda Items: I. Meeting was called to order at 10:00 am. II. Minutes from the previous meeting on 6/12/23 were approved. III. The financial report was included within the HUB presentation. IV. 2023 Mid-Year review by HUB International: Overview: Financial Results: The City of Wichita Fall's total per capita healthcare cost decreased by -16.0% at year end 2022. Per capita health claims decreased by-21.0% and prescription claims decreased by- 10.8% at year end. Over the past 5 years, the City has achieved a 0.4% average claims trend vs the nation at 6.2% Through April, of the 2023 total per capita costs are up 13% over prior period results when compared to 2022...Claims expenses for FY23 are within budget projections at this time. Moving forward: The City has experienced significant growth in its fund balance due to positive fund performance over the past 5 years. For FY24, it is recommended to consider utilizing fund balance to improve its health insurance program and align with best practices/municipal benchmarks. HUB has worked with Human Resources and Finance to propose strategic options for the City's consideration which are presented in this report. PAGE 1 of 3 AGENDA ITEM NO.6.b Strategic Recommendations Budget: Projected fund balance for year end FY23 is expected to grow of$2.5m and exceed $12.2m in cumulative fund balance. HUB recommends a minimum fund balance of 25% of total expense which is $3.5m for FY23. For FY24, it is recommended to consider utilizing fund balance to take measured steps toward improving the City's health insurance program and align with best practices/municipal benchmarks. Health Plan Design: HUB has provided the City with plan options including the following recommended considerations for the 2024 Plan year: - Reduction to deductibles except for required increase for HSA plan - Reductions to Out of Pockets Maximums for all plans - Elimination of inpatient and outpatient surgery copay for Core & Cat plans - Reductions to specialist copay levels for Core & Cat plans - Increase in Employer contributions to HSA accounts - Elimination of out of network benefits (EPO Plan) Contributions: For the 2023 plan year, the City is expected to fund 78.0% of the total cost of health care. The City funds 92.5% to employee only and 68.6% to dependent coverage for the HSA plan. The City is cost neutral between the HSA and CAT plans however funds more to the PPO Core plan. It is recommended to consider moving the PPO Core plan towards cost neutrality over time. However, for PY24 it is recommended to apply no increase to the employee contributions & consider a one-time (FY24) premium holiday for employees. The budget includes a 3-month premium holiday with use of fund balance. Retiree Plans: As a best practice, the City applies separate risk adjusted rates for the retiree health programs which explicitly sates the employer and employee subside levels of retiree risk. HUB has provided the recommended premium structure for retiree rates assuming the City implements the plan new plan options. Although increases are required for retiree rates, retirees would have access to the improved plan designs if implemented by the City. Dental: The Humana dental plan of benefits and funding structures are in line with benchmarking. No significant changes are recommended at this time. Vision: The fully insured Superior vision plan of benefits and funding structures are in line with benchmarking. NO significant changes are recommended to the plan design or funding levels at this time. PAGE 2 of 3 AGENDA ITEM NO.6.b Life and Disability: The Symetra life ...insurance is in line with benchmarking, however it is recommended to evaluate increasing the $7.000 monthly maximum benefit for the long term disability plan. Health clinic services: The City continues to experience positive results from the Employee Health Clinic. In 2023, the City expanded its services and implemented a 16 hour per week behavioral health counselor. The provider visits have steadily increased each month since the flood impacted services. HUB is evaluating pricing to increase provider time if needed in FY24. This was the end of the HUB presentation; everything italicized is quoted from the HUB presentation. V. A motion was made and seconded to approve all HUB recommendations for PY24. All members voted in favor. VI. A motion was made and seconded to approve the fund balance policy letter. All members voted in favor. VII. A motion was made and seconded to approve renewal with UnitedHealthcare for the Medicare Advantage Plan. All member voted in favor. VIII. With no further business, the meeting was adjourned. Prepared by: Angela D. Bosma, EBSII City of Wichita Falls/HR-EBT Approved on 10/12/23 ADB PAGE 3 of 3 AGENDA ITEM NO.6.b MINUTES PLANNING & ZONING COMMISSION September 13, 2023 PRESENT: David Cook • Chairman Michael Grassi •Member Doug McCulloch •Member Matt Marrs • Member Noros Martin • Member Paul Mason •Alternate No.2 Mark McBurnett • SAFB Liaison Wayne Pharries •Member Cayce Wendeborn •Member Jeremy Woodward • Vice-Chair James McKechnie, Deputy City Attorney • City Staff Terry Floyd, Development Services Director • City Staff Fabian Medellin, Planning Manager • City Staff Christal Cates, Senior Executive Asst. • City Staff ABSENT: Blake Haney • Member Steve Wood •Alternate No.1 Councilor Bobby Whiteley • Council Liaison I. CALL TO ORDER The meeting was called to order by Chairman, Mr. David Cook, at 2:00 p.m. Chairman Cook proceeded to make the following comments: III. PUBLIC COMMENTS Chairman Cook asked if there were any comments from the public. With no response, Mr. Cook closed public comments. IV. APPROVAL OF MINUTES Ms. Cayce Wendeborn made a motion to adopt the August 9, 2023, minutes. Mr. Jeremy Woodward seconded the motion. The motion was passed unanimously, 9- 0 VII. CONSENT AGENDA Case P 23-13 Trophy Park, Section 5 — Final Plat Case P 23-16 Cooper Milly Addition, Lot 1, Block 1 — Preliminary Plat PAGE 1 of 3 AGENDA ITEM NO.6.c Planning and Zoning 2 September 13, 2023 Case P 23-17 Rancho Vista Place, Lots 2-5, Block 39 — Final Plat Chairman Cook asked if there were any items that needed to be moved the regular agenda. Mr. Medellin stated there were no items to be moved to the regular agenda. Ms. Cayce Wendeborn made a motion to approve the consent agenda with Mr. Marrs seconding. The vote passed unanimously 9-0. VIII. REGULAR AGENDA 1. Case R 23-15— 807 N. Broadway Street: Consider taking action on a conditional use at 807 N. Broadway Street to allow for a limited restaurant in a Limited Commercial (LC) district. Mr. Wayne Pharries made a motion to approve the case. Ms. Wendeborn seconded the motion. Mr. Medellin presented the case and stated, the applicant and owners, Ms. Lopez & Mr. Gomez had met with staff many times over the last 2 years about development of the subject property located at 807 N. Broadway Street and what would fit the neighborhood. Ms. Lopez would like to open a Paleta shop, translated in English means popsicle store and in Hispanic cultures are regularly found in neighborhoods, similar to a neighborhood convenient store. Mr. Medellin advised the Commission the reason for the proposal for a restaurant was because Ms. Lopez would like to offer a seating area where patrons could enjoy popsicles and other pre-packed food that would be for sale. A pre-development meeting was held with staff and Ms. Lopez regarding her proposal, and regulations and requirements for the use were given to Ms. Lopez. Staff also participated in a walk- through on the subject property with the owner to advise of additional Health, Fire and Building code requirements. The subject property is located on the northside of Wichita Falls, northeast of Scotland Elementary and south of the Iowa Park and Sheppard Access Road intersection. Mr. Medellin stated the structure was currently a residential property and that Ms. Lopez would require approval for a conditional use from the Commission to convert the residence into a commercial structure for the business. Mr. Medellin advised Ms. Lopez and Mr. Gomez (owner the adjacent lot 1223 North 9th Street) where the applicant intended to provide onsite parking once they had both properties combined in the re-platting process. Mr. Medellin displayed maps showing the subject property in a primarily residential neighborhood zoned Single Family-2 (SF-2) except for N. Broadway Street which was Limited Commercial (LC). Staff believe the store will be utilized by the surrounding community and will have minimal traffic impacts. During the walk- through with City staff, it was noted the structure would require minimal changes needed to convert from residential to commercial use. Staff notified 24 property owners in the surrounding 200ft. notification area and received back a total of four responses, all in favor of this proposal. Mr. Medellin stated after consideration of the proposed use, staff recommends approval of this PAGE 2 of 3 AGENDA ITEM NO.6.c Planning and Zoning 3 September 13, 2023 Conditional Use Permit request for 807 N Broadway St. to allow for a limited restaurant in a Limited Commercial (LC) zoning district with the following conditions: 1. Obtain all necessary permits and licenses in accordance with city ordinances, adopted building code and health code regulations. 2. Any additional site improvements, non-conforming site elements, and developmental requirements as required by the Health, Building, or Zoning Codes will be subject to the site plan review/re-occupancy process. 3. Comply with all special conditions unique to the Limited Commercial (LC) zoning district to include limitations of hours of operation and signage. 4. Prior to initiating operations all developmental requirements, conditions, permits and licensing shall be reviewed, approved, constructed and inspected. 5. No illuminated signage, either by internal or external lighting, will be allowed on the eastern property line, adjacent to the residences. Chairman Cook asked if the applicant was present and wish to make a presentation. Mr. Medellin advised the Commission Ms. Lopez was present, however, she only spoke Spanish and that she did not wish to make a presentation and that he would translate if the Commission had any questions for her. Chairman Cook asked if there were any comments from the public. With no comments Mr. Cook asked the Commission if they had any comments or questions. Ms. Wendeborn stated she thought it was an ideal use for that neighborhood and would be utilized by the community. Chairman Cook asked if the adjacent lot would provide enough parking stalls. Mr. Medellin stated it would as the minimum requirement would be four stalls. Mr. Doug McCulloch stated he noticed a church nearby and asked if the applicant intended on selling alcohol. Mr. Medellin stated, if in the future the owner wanted to sell alcohol, approval would be required from the Commission; however, certain criteria would have to be meet, including being 300ft. from a church, which this location would not met that requirement. Chairman Cook called for a vote. The proposal passed unanimously with a vote of 9-0 IX. ADJOURN Chairman Cook adjourned the meeting at 2:13 pm. ,t David Cook, C airma Date (0 11 /62' Terry FIgyd.Director of Development Services Date PAGE 3 of 3 AGENDA ITEM NO.6.c Wichita Falls Park Board Meeting September 28, 2023 W.F. Recreation Center 600 11th St. Room 205 Time: 1:30pm Presiding: Jim Heiman Members Present: Jessica Traw, Josh.Phillips, Larri Jean Jacoby, Alan Donaldson, Michael Battaglino, Dorcas Chasteen, Tom Taylor, Patrick Hearn Members Absent: Sandy Fleming City Council Representative: Steve Jackson Other: Scott McGee, Terry Points, Blake Jurecek CALL TO ORDER: Jim Heiman called the meeting to order at 1:30 p.m. 1 APPROVAL OF MINUTES: The minutes from June 22, 2 2023 were put before the Board for approval. Alan Donaldson made the motion to approve the minutes and Dorcas Chasteen second the motion. 3. DEPARTMENTAL REPORT: A. Recreation: Scott McGee • See Attached Recreation Report B. Parks: Terry Points • See Attached Parks Report C. Lake Wichita Revitalization Committee: • Brick sale are on the City's website for sale. Cut off date will be November 30,2023 • Parks Dept is raising the solider statute 2 ft. • Guest speaker Steve Garner for the Lake Wichita Revitalization committee D. Circle Trail Update: • Warranty work is being done on trail at Kell West and Smith's Gardner Town. E. Parks Review Update: • No update attached F. Other Business, Announcements, Comments: • No update attached Meeting was adjour d at 2:30pm. Signature: /414./ ,Q�l./tl ',-/ PAGE 1 of 8 AGENDA ITEM NO.6.d It's been a hot brutal summer for Parks Maintenance. We were doing ok being shorthanded in July because things were starting to burn up and giving us a break in mowing. It was hot, but we were catching up. Getting ready for the HHH is a big deal and we had just started gearing up to make the City look good. Then came August 10. 100 MPH wind storm called a MICRO BURST has made the 2023 summer the worst year in long long time. Our crews have been steady cutting and hauling storm debris for the past six weeks. We estimate over 350 loads of tree limbs have been hauled. We opened the center area of Lucy Park up to the public for a temporary tree only landfill for four weeks. Parks employees manned it for 13 hours a day for the first two weeks and 10-hour days until we closed it down. The debris up in the trees will keep us busy well into winter if not longer. We have to borrow bucket trucks from traffic and the navigation up into the trees is very time consuming. We also had damage to several structures and roofs. Splash Pad will be shut down September 30. We normally shut down the Tuesday after Labor Day, but by popular request due to the heat we stayed open for a few weeks longer. The new WCMA shelter at Hamilton is finished and already very popular for reservations. PAGE 2 of 8 AGENDA ITEM NO.6.d The north shelter at Scotland will have electric service this week. The berm shelter at Scotland is under construction at our shop. The 2600 feet of railing and new drainage structure along the Holiday Creek/Circle Trail are complete. Upcoming Projects are very delayed by the MICRO BURST. Loch Lomond Playground should be delivered mid-October Morningside Playground is on the yard at our shop. We have the border and mulch. This should start in October. CDBG Bridwell Fountain and Drain under review. Bridwell Multi-Purpose Courts Architect working on specs/drawings November?? CDBG Bridwell Baseball Diamond November?? CDBG 10 th St. Pocket Park Benches November/December CDBG Lions Park playground and sidewalks. CDBG Lamar Park playground. CDBG Williams Park playground on hold due to floodway issue CDBG I am in discussion with Community Development on this one. PAGE 3 of 8 AGENDA ITEM NO.6.d Recreation Report September 2023 , 5 50 Plus Zone daily attendance at 237 per day. Annual 50 Plus Zone Quilter Quilt sale October 5th Recreation Class enrollment at 56 for September. Softball and Volleyball leagues continue play. Basketball league registration underway. Largest tournament of year so far on the weekend of Sept. 23-24 had 27 out of town teams and over 300 players competing. Economic Impact from tournaments for the year total $2,115,938. 4 B board has granted $197,000 for improvements to the Sports Complex. These projects are being scheduled at this time. Projects include concession and rest room updates,dugout and bleacher improvements, portable fencing and major field fencing repairs. 1St Annual Pickleball City Championships were held 9/23 with 41 entries. Turkey Trot Tournament 11/3-4 Hamilton Tennis hosting MSU tennis on weekend of 10/7-8 and 10/14-15. USIA has awarded Falls Town Courts and the City of Wichita Falls 4 tournament for 2024 returning 3 tournaments that were lost several years ago and 1 new tournament These tournaments bring a large number of Junior tennis players and their families to Wichita Falls. 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' ..14,;tt,,i'• '' '' '- ';.', -V...,Z• ''.0 1 , ...., :. '4' • '. ^' -',,,s:-.,...::•.,f ' . . ' . „• ' - . . • ' s.,. I. PAGE 8 of 8 -AGENDA ITEM NO.6,d , , , CITY COUNCIL AGENDA November 07, 2023 ITEM/SUBJECT: Ordinance making an appropriation to the Special Revenue Fund for STD/HIV-DIS Prevention Services Program in the amount of $299,909; received from the Department of State Health Services; authorizing the City Manager to execute contract accepting same. INITIATING DEPT: Health STRATEGIC GOAL: Efficiently Deliver City Services STRATEGIC OBJECTIVE: Practice Effective Governance COMMENTARY: The Department of State Health Services (DSHS) is amending the current STD/HIV-DIS contract to add $299,909 of funding for calendar year 2024. Through this contract, Disease Intervention Specialist (DIS) services are offered to the public with the goal of controlling and preventing the spread of Sexually Transmitted Diseases (STDs), including Human Immunodeficiency Virus (HIV). There is no match requirement. The grant provides salary and fringe funding to support a DIS Program Manager, DIS, and Disease Investigation and Statistics Specialist (DISS). These individuals will perform the following seven core activities: community and individual behavior change interventions, medical and laboratory services, partner services, leadership and program management, surveillance and data management, program evaluation, and training and professional development. The contract period for this grant is January 1 , 2024 to December 31 , 2024. Staff recommends approval of the ordinance. ® Director of Health ASSOCIATED INFORMATION: Ordinance ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 1 OF 2 PAGES AGENDA ITEM NO. 7.A Ordinance No. Ordinance making an appropriation to the Special Revenue Fund for STD/HIV-DIS Prevention Services Program in the amount of$299,909; received from the Department of State Health Services; authorizing the City Manager to execute contract accepting same WHEREAS, the Department of State Health Services wishes to enhance local response to prevent and control Sexually Transmitted Diseases; and, WHEREAS, the approval of these funds could not have been anticipated prior to the adoption of the 2023 — 2024 budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: There is hereby appropriated in the Special Revenue Fund $299,909 for the STD/HIV—DIS Prevention Services Program, and the City Manager is authorized to enter into a contract with the Department of State Health Services for the Wichita Falls—Wichita County Public Health District. PASSED AND APPROVED this the 7th day of November, 2023. MAYOR ATTEST: City Clerk PAGE 2 OF 2 PAGES AGENDA ITEM NO. 7.A CITY COUNCIL AGENDA November 07, 2023 ITEM/SUBJECT: Ordinance making an appropriation to the Special Revenue Fund for the Federal Tuberculosis Prevention and Control Program in the amount of $16,052; received from the Department of State Health Services; authorizing the City Manager to execute contract accepting same. INITIATING DEPT: Health STRATEGIC GOAL: Efficiently Deliver City Services STRATEGIC OBJECTIVE: Practice Effective Governance COMMENTARY: The Department of State Health Services (DSHS) is amending the current Federal Tuberculosis (TB) Prevention and Control Program contract to add $16,052 of funding for Fiscal Year 2024. There continues to be a required match of 20% or $3,210, which makes the entire contract amount $19,262. The match requirement is met by in-kind services from the City of Wichita Falls. A portion of TB Certified Medical Assistant (CMA) position is covered by this grant; the primary job duties of the CMA are to conduct contact investigations, coordinate and document care of TB patients, and provide education to the public regarding TB prevention and control. The contract period for this grant is September 01 , 2023 to August 31 , 2024. Staff recommends approval of the ordinance. ® Director of Health ASSOCIATED INFORMATION: Ordinance ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 1 OF 2 PAGES AGENDA ITEM NO. 7.B Ordinance No. Ordinance making an appropriation to the Special Revenue Fund for the Federal Tuberculosis Prevention and Control Program in the amount of $16,052; received from the Department of State Health Services; authorizing the City Manager to execute contract accepting same WHEREAS, the Health District and the Department of State Health Services desire to enter into a contract for continued Tuberculosis prevention and control; and WHEREAS, approval of these funds could not have been anticipated prior to the adoption of the 2023 - 2024 budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: There is hereby appropriated in the Special Revenue Fund $16,052 for the Tuberculosis Program, and the City Manager is authorized to enter into a contract with the Department of State Health Services for the Wichita Falls-Wichita County Public Health District. PASSED AND APPROVED this the 7th day of November, 2023. MAYOR ATTEST: City Clerk PAGE 2 OF 2 PAGES AGENDA ITEM NO. 7.B CITY COUNCIL AGENDA November 7, 2023 ITEM/SUBJECT: Ordinance appropriating $868.12 of grant funds pursuant to the Office of the Governor, Public Safety Office, Criminal Justice Division, FY 2023 ALERRT Travel Assistance, appropriating said funds to the Special Revenue Fund, and authorizing the City Manager to execute all documents necessary to accept and share said funds. INITIATING DEPT: Police STRATEGIC GOAL: Efficient Delivery of City Services STRATEGIC OBJECTIVE: Practice Effective Governance COMMENTARY: The City Council on May 2, 2023 authorized the City Manager to make application for a non-matching grant from the Office of the Governor, Public Safety Office, Criminal Justice Division, Advanced Law Enforcement Rapid Response Training (ALERRT) Travel Assistance Grant for FY 2023. The Wichita Falls Police Department sent (2) Officers for ALERRT training in Ft. Worth, Texas in the month of March of 2023. The Department was notified that it was awarded the amount of $868.12 for reimbursement of travel cost for sending (2) Officers for ALERRT Training. Staff recommends the City Council approve the attached ordinance appropriating the grant funds. ® Police Chief ASSOCIATED INFORMATION: Ordinance ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 1 OF 2 PAGES AGENDA ITEM NO. 7.0 Ordinance No. Ordinance appropriating $868.12 of grant funds pursuant to the Office of the Governor, Public Safety Office, Criminal Justice Division, FY 2023 ALERRT Travel Assistance, appropriating said funds to the Special Revenue Fund, and authorizing the City Manager to execute all documents necessary to accept and share said funds WHEREAS, the City of Wichita Falls has been notified that it has been awarded a non-matching grant, from the Office of the Governor, Public Safety Office, Criminal Justice Division, FY 2023 ALERRT Travel Assistance, in the amount of $868.12; and, WHEREAS, the Police Department intends to use these funds to reimburse for travel costs associated with sending (2) Officers to ALERRT Training. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is hereby authorized to execute all documents necessary to accept $868.12 from the Office of the Governor, Public Safety Office, Criminal Justice Division, FY 2023 ALERRT Travel Assistance Grant (#4712501). PASSED AND APPROVED this the 7th day of November, 2023. MAYOR ATTEST: City Clerk PAGE 2 OF 2 PAGES AGENDA ITEM NO. 7.0 CITY COUNCIL AGENDA November 7, 2023 ITEM/SUBJECT: Ordinance appropriating $150,334.65 of grant funds pursuant to the Office of the Governor, Public Safety Office, Criminal Justice Division, FY 2024 Body-Worn Camera Grant Program, appropriating said funds to the Special Revenue Fund, and authorizing the City Manager to execute all documents necessary to accept and share said funds. INITIATING DEPT: Police STRATEGIC GOAL: Efficient Delivery of City Services STRATEGIC OBJECTIVE: Practice Effective Governance COMMENTARY: The City Council on January 17, 2023 authorized the City Manager to make application for a 25% matching grant ($50,111 .55) from the Office of the Governor, Public Safety Office, Criminal Justice Division, FY 2024 Body-Worn Camera Grant Program. The Department was notified that it was awarded the amount of $150,334.65 for assisting in the implementation of Body-Worn Cameras at the department, and will use awarded funds to off-set the cost of purchasing body-worn cameras for all officers conducting calls for service and any traffic enforcement or pedestrian stops. Total project funding will be $200,446.20. Staff recommends the City Council approve the attached ordinance appropriating the grant funds. ® Police Chief ASSOCIATED INFORMATION: Ordinance ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 1 OF 3 PAGES AGENDA ITEM NO. 7.D Ordinance No. Ordinance appropriating $150,334.65 of grant funds pursuant to the Office of the Governor, Public Safety Office, Criminal Justice Division, FY 2024 Body-Worn Camera Grant Program, appropriating said funds to the Special Revenue Fund, and authorizing the City Manager to execute all documents necessary to accept and share said funds WHEREAS, the City of Wichita Falls has been notified that it has been awarded a 25% matching grant, from the Office of the Governor, Public Safety Office, Criminal Justice Division, FY 2024 Body-Worn Camera Grant Program, in the amount of $150,334.65; and, WHEREAS, the City of Wichita Falls will fund $50,111 .55 to pay the 25% matching grant requirement; and, WHEREAS, the Police Department intends to use these funds to off-set the cost of equipping all Officers conducting Calls for Service, all Traffic Enforcement, and Pedestrian stops for accountability of Police operations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is hereby authorized to execute all documents necessary to accept $150,334.65 from the Office of the Governor, Public Safety Office, Criminal Justice Division, FY 2024 Body-Worn Camera Grant Program (#4693501). PASSED AND APPROVED this the 7th day of November, 2023. MAYOR ATTEST: City Clerk PAGE 2 OF 3 PAGES AGENDA ITEM NO. 7.D Select and Enter Budget Line Item Details() Budget Category OOG Funds Casty Match In Kind Match GPI Total Project rJ Contractual and Professional Services $20,081.25 $6,693.75 I$a.aa gp-qp $26,775-00 Equipment $4.00 $0.00 r$0.00 $0.00 $0.04 •!J• Supplies and Direct Operating Expenses $130,253,40 $43,417.80 I$0.00 $0.00 $I73,671.20 Budget Summary Totals OOG Funds: Cash Match: In Kind Match: GPI: Total Project: i5150.33465 I $50.11155 1 so coo I $0.00 1 S200.446.20 PAGE 3 OF 3 PAGES AGENDA ITEM NO. 7.D CITY COUNCIL AGENDA November 7, 2023 ITEM/SUBJECT: Ordinance appropriating $113,560.00 of grant funds pursuant to the Office of the Governor, Public Safety Office, Criminal Justice Division, FY 2024 Criminal Justice Grant Program, appropriating said funds to the Special Revenue Fund, and authorizing the City Manager to execute all documents necessary to accept and share said funds. INITIATING DEPT: Police STRATEGIC GOAL: Efficient Delivery of City Services STRATEGIC OBJECTIVE: Practice Effective Governance COMMENTARY: The City Council on February 7, 2023 authorized the City Manager to make application for a non-matching grant from the Office of the Governor, Public Safety Office, Criminal Justice Division, FY 2024 Criminal Justice Grant Program. The Wichita Falls Police Department is going to use awarded funds to send various officers to necessary training events to improve current job skills and improve the operating efficiency at the department. The Department was notified that it was awarded the amount of $113,560.00 for the Officer Training Projects. Staff recommends the City Council approve the attached ordinance appropriating the grant funds. ® Police Chief ASSOCIATED INFORMATION: Ordinance ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 1 OF 2 PAGES AGENDA ITEM NO. 7.E Ordinance No. Ordinance appropriating $113,560.00 of grant funds pursuant to the Office of the Governor, Public Safety Office, Criminal Justice Division, FY 2024 Criminal Justice Grant Program, appropriating said funds to the Special Revenue Fund, and authorizing the City Manager to execute all documents necessary to accept and share said funds WHEREAS, the City of Wichita Falls has been notified that it has been awarded a non-matching grant, from the Office of the Governor, Public Safety Office, Criminal Justice Division, FY 2024 Criminal Justice Grant Program, in the amount of $113,560.00; and, WHEREAS, the Police department intends to use these funds to send various Officers to necessary training to improve current job skills and improve operating efficiency at the department. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is hereby authorized to execute all documents necessary to accept $113,560 from the Office of the Governor, Public Safety Office, Criminal Justice Division, FY 2024 Criminal Justice Grant Program (#4738901). PASSED AND APPROVED this the 7th day of November, 2023. MAYOR ATTEST: City Clerk PAGE 2 OF 2 PAGES AGENDA ITEM NO. 7.E CITY COUNCIL AGENDA November 7, 2023 ITEM/SUBJECT: Resolution authorizing the emergency rehabilitation of 436 feet of sewer collections pipeline at Lift Station 14, by Insituform Technologies LLC., in the amount of $84,850.00. INITIATING DEPT: Public Works and Finance/Purchasing STRATEGIC GOAL: Provide Adequate Infrastructure STRATEGIC OBJECTIVE: COMMENTARY: On October 5th, the 10-inch cast iron force main at Lift Station 14 located north of Old IP Road and west of Harlan Ave failed and caused a reportable Sanitary Sewer Overflow (SSO), discharging over 20,000 gallons of raw, untreated sewage into 3 residential backyards and into a stormwater channel that feeds into Plum Lake at the Soft Ball Complex. Wastewater Collection crews were able to contain the SSO and prevent it from flowing into Plum Lake, thereby averting a major environmental compliance failure. Due to the advanced deterioration of the cast iron line, it took crews and contractors several days to get the pipeline repaired and back into service, only to have the pipeline fail again a week later at a location further downstream. Due to the condition of the cast iron pipeline, the most recent multiple failures, and the increased risk of regulatory non-compliance due to an environmental contamination with its close proximity to a stormwater channel, it has been deemed that a more permanent rehabilitation is needed on an emergency basis. To quickly and ultimately rehabilitate the pipeline, it has been determined that pipe bursting the pipeline with a more durable HDPE pipe is warranted. Due to the emergency nature of this work, staff recommends utilizing Insituform Technologies LLC., a Buy Board member, who has provided the City with a quote in the amount of $84,850.00 for the pipeline replacement and associated labor. The costs for this repair will be funded through the annual sewer system rehab budget line item. Staff recommends award of the emergency rehabilitation of 436 feet of sewer collections pipeline at Lift Station 14, by Insituform Technologies LLC., in the amount of$84,850.00. ® Director, Public Works ASSOCIATED INFORMATION: Resolution ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 1 OF 5 PAGES AGENDA ITEM NO. 8.A Resolution No. Resolution authorizing the emergency rehabilitation of 436 feet of sewer collections pipeline at Lift Station 14, by Insituform Technologies LLC., in the amount of$84,850.00 WHEREAS, one of the City of Wichita Falls' Strategic Goals is to Provide Adequate Infrastructure; and, WHEREAS, the City desires to continue to remain compliant with Federal and State regulations regarding Sanitary Sewer Overflows with a reliable wastewater collections system; and, WHEREAS, the City has recently experienced a failure of said wastewater collections system at Lift Station 14; and, WHEREAS, it is in the best interest of the City of Wichita Falls to sole-source the emergency rehabilitation of the discharge pipeline at Lift Station 14 to Insituform Technologies LLC., 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 the pipe and services to rehabilitate the Lift Station 14 discharge pipeline from Insituform Technologies LLC., in the amount of $84,850.00. PASSED AND APPROVED this the 7th day of November, 2023. MAYOR ATTEST: City Clerk PAGE 2 OF 5 PAGES AGENDA ITEM NO. 8.A � .,sts"hrn Techrokyks,11.0 h •subsenlaey of A epbn Comer-Atm insituform 1103 oDSti1Xo1 Name.Tin Peterle Fax 94{1-913-0163 LtC C:.1r.P.TX 7621:: Phone:a14-317-D950 Ernst armeitukcc :cm Ora,Negros Company wWf*.ms,-utocm.cDri October 30, 24]23 SF#.SO-OC J 2C432 Mr_Russell Schreiber PE City of Wichita Falls 13CIID 7'"St. Wichita Falls, TX 736,01 Buvboard Proposal Project Name: City of Vilichila Fails,TX—Harlan Ave 10"Forte Main Rehab by Pipe Burst HDPE SGR 13.5 kism.11F0141 TECHNOLOGIES,LLC herein proposes to furnish a Proposal for all la r. materials,equipment,and services necessary to reconstruct the referenced prc ect(as detailed in:he pra,ept location maps and other information presented by the City of Wichita Falls)utilizing the Local Purchasing Cixperative Contract 0535-21, adminis.ered through the Bup€oard- ASSUMPTIONS AND(UAUFICATIONS We have based this proposal on a nominal wall thickness as shown in the price. This is based on the best available information at the time of this proposal. EAsting pipe deterioration in excess of the conditions assumed, ground water loads in excess of those assumed, or other bads or carrditions may increase the re rnmended thickness far all or portions of the work. Final recommendations may be submitted to you following the completion of the preliminary TV phase of the project Stated prices are subject to adjustment if design changes are agreed upon. Water shall be provided at no cost to I nsitufarm Technologies,LLC for all construction phases of this project The Owner shall fumish Irrsidiform Technologies,LLC with required water meters and pay all associated fees, deposits,and charges. Insrtufom Technologies,LLC will fallow all required backflow prevention and metering procedures I nsituform wil I supply the City of Wichita Falls a Certificate of I nsurance following acceptance of this proposal-The pricing in this proposal assumes that all Technical Specifications set forth by the BuyBoard will be strictly adhered to. Any changes to these specifications must be noted and agreed upon by Loth parties prior to finalizing the proposal pricing_ Special: 1_ Water shall be provided as noted above. 2. Insitutfonn estimates starting this project the week of November 1311. 3. Owner will provide access pits, area to off load and fuse pipe,string line for pipe bursting,preipost-TV if required, traffic control,bypass,restoration,and testing. PROPOSAL PRICING PAY DIY Un11 UNIT ESTIMATED ITEM DESCRIPTION PRICE AMOUNT 1 Travel&Mobil cation—Pape Burst Crew 1 EA $7,501160 #a7,501-1DO 2 TruckingiLoardiOff Load HOPE Pipe 1 LS $7,50110O �i7,50]{1_CC 3 Burst Existing 1IT or 11Y IPS SDR 19(D'-8'deepj 436 LF $711D0 $36,520_C0 4 Change Pipeburst Pipe to Non-Standard Pipe SDR 4.300 IN- DW/LF $6_75 $20,430_C0 13_5Add-On(Pressure Rated) 5 Connect to Existing Manhole or PVC Pipe in Pi- 3 EA $1,20D_DC #a2,40D_D0 6 (boner's Contingency Allowance 1 AL $7,5011D0 57, C.CO TOTAL $84 850.0C Note:A Tax-Exempt certificate will need to be provided prior to mobilization. PAGE 3 OF 5 PAGES AGENDA ITEM NO. 8.A October 30_ 202 PaEe PROPOSAL INCLUSIONS The prices stated in this proposal include: 1. Mobil izatiorrs a nd demobilization. 2 H D DE Pipe and fusion`or pipe bursting. 3_ Confined space safe entry practices_ 4. One-year standard canstruc:Jon warranty. 5t Certificate of insurance with a standard coverage. PROPOSAL Exax.uaslcNs Not included in the prices stated in this estimate are costs associated with the items listed below. These items, if needed or found to be applicable, would be provided by INSn1JFORMTECFNOLOGIES,LLC at your addrtional cost;or would be furnished by others, at your direction,at no cost to INS1TUFORSI TECHNOLOGIES,LLC: a) If preliminary video inspection of the pipe interior indicates excessive damage, or other extra-ordinary condition,which will require excavation,or other extraordinary remedy,to prepare the pipe for pipe bursting, then those services will be provided by utilizing the CWrmer's Contingency Allowance after approval. b) Addrtional mobilizations and/or setups may apply due to point repairs, obstruction removals,or delays out of cur control. c} Traffic control. d) Sod or other surface restoration_ e) Bypass pumping. fl Water from fire hydrants within a convenient distance from each cleaning and inversion site location. id) Many hazardous or toxic materials are encountered during the project', the Owner wife be responsible for the removal and da'sporal&thhe material!. h) Project permits and/or local licenses with be provided by the CMner or Engineer_ i) State and local sales androruse taxes on the value dfthe.project If you are exempt, please submit the appropriate documentation_ Addrbonal premiums for special insurance coverages}demanded by you or other parties particular to this project PROPOSAL TERMS MD CONDITIONS a) Limi s of Liability_ In consideration of INS UFOfiM TECHNOLOGIES,LLC's agreement to maintain no less than $5,3C3,3130 of corn prehensive general liability insurance in the farm required by the Contract, INSITHFORM TECHNOLOGIES, LLC's liability to the Owner for any matter covered by such insurance will be limr:ed:o the extent of such insurance. Neither party shall be liable to the other for consequential damages relating to the contract. In ease of conflict between this provision and any other provision in the Contract as ultimately executed,this provision shall govern and prevail_ b) LIMITED WARRANTY. IN LIEU OF ALL OTHER EXPRESSED, IMPLIED ANDiOR STATUTORY. WARRANTIES, INCLUDING WARRANTIES OF MERCHAIJTABILiTY AND FITNESS FOR A PARTICULAR RPOSE, CONTRACTOR AGREES TO CORRECT ANY DEFECTS IN THE MATERIALS OR SERVICES 'ROVIDEO BY CONTRACTOR WHICH ARE iBROUGHT TO T-IE ATTENTION OF CONTRACTOR WITHIN ONE YEAR FOLLOWING COMPLETION OF CONTRACTOR'S WORK PROVIDED OWNER AFFORDS CONTRACTOR SUITABLE ACCESS AND WORKING CONDITIONS TO ACCOMPLISH SUCH CORRECTION_ c} MJTJAL RELEASE OF CONSEQUENTIAL DAMAGES. Neither party shall be liable to the other for consequential damages relating to or arising out of the Contract. d) PROPOSAL SUBJECT TO NEGOTIATION OF OTHER STANDARD TERMS OF AGREEMENT. This proposal is subject to agreement of the parties on other terms and conditions as are customary in contracts of this nature. e) Quantities are estimated_ Unit prices apply for actua I invoice and payrrren f) Payments are due at net within thirty days of invoice. Final payment is due within thirty days of completer of Prcie ct PAGE 4 OF 5 PAGES AGENDA ITEM NO. 8.A October 30. 2023 Paine 3 g} Monthly progress payments may be requested for the value df work in progress or completed, including materials secured and on site. h) Prices stated are in effect for thirty days from the date ofrthis proposal_ The acceptance period rnay be extended ate sole option of INSRUFO1)l TECHNOLOGIES,LLC_ i} Conflicts. In case of conflict between the provision of the aforesaid paragraphs and any other provision in the Contract as ultimately executed the provisions as set forth above shall govern and prevail. OFFERED BY: ACCEPTED BY: 11SR1JFOf11 TECHNOLOGIES, L LC 7e:elklaret , . Pad a"t/4 SIM/MIJ E DATE TIMOTHY R_PETERIE FUME BUSINESS DEIELOPMENTMANAGER REVIEWED BY: TILE AMY ODw1EHT ARV-LW ORG 5l 4TION cc: Teresa Rose. PE(COWF) Daniel Nix (COWF) Alan Peregrine(COWF) Cordon Smith (COWF) Ben Dawkins PAGE 5 OF 5 PAGES AGENDA ITEM NO. 8.A CITY COUNCIL AGENDA NOVEMBER 7, 2023 ITEM/SUBJECT: Resolution authorizing the award of a sole source rehabilitation of a Belt Filter Press at the Wichita Falls Resource Recovery Facility, to Andritz Separation Technologies Inc., in the amount of$309,942.00. INITIATING DEPT: Public Works STRATEGIC GOAL: Provide Quality Infrastructure STRATEGIC OBJECTIVE: Enhance Focus on Long-Term Street and Utility Infrastructure Needs COMMENTARY: During the process of treating waste from the sewer system, the Wichita Falls Resource Recovery Facility produces a large quantity of "biosolids" that have to be processed and disposed of properly. One of the treatment processes for these biosolids is a Belt Filter Press operation, which mechanically squeezes the biosolids removing access water, which is required in order to accept the biosolids at the landfill for disposal, primarily through the City's compost program. One (of 2) of the Belt Filter Presses at the Resource Recovery Facility has been in operation for the last 13 years, and several components are now in need of rehabilitation to ensure that the equipment continues to operate in an efficient manner. Resource Recovery has received a quote from Andritz Separation Technologies Inc. in the amount of $309,942.00 to provide the services, labor, and materials to refurbish the rollers, bearings, seals, and other ancillary equipment for the Belt Filter Press. The Belt Filter Press refurbishment project is currently budgeted in the 23/24 fiscal year budget for $330,000.00 Andritz is the original manufacturer of the Belt Filter Press, and the City wishes to utilize them as a sole source to provide the most efficient refurbishment of its equipment with factory parts and service. Staff recommends award of the Belt Filter Press project to Andritz Separation Technologies Inc., at a cost of $309,942.00. ® Director, Public Works ASSOCIATED INFORMATION: Resolution , Quote, Sole-Source Letter ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 1 OF 15 PAGES AGENDA ITEM NO. 8.B Resolution No. Resolution authorizing the award of a sole source rehabilitation of a Belt Filter Press at the Wichita Falls Resource Recovery Facility, to Andritz Separation Technologies Inc., in the amount of $309,942.00 WHEREAS, one of the City of Wichita Falls' Strategic Goals is to Provide Quality Infrastructure; and, WHEREAS, the City desires to continue to have reliable treatment systems to properly treat biosolids within the Resource Recovery Facility; and, WHEREAS, the City desires to continue to protect the citizens and the environment from these wastes; and, WHEREAS, it is in the best interest of the City of Wichita Falls to sole source the purchase of the equipment and labor from Andritz Separation Technologies, Inc. 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 the equipment and labor for the Belt Filter Press refurbishment at Wichita Falls Resource Recovery Facility from Andritz Separation Technologies Inc., in the amount of $309,942.00. PASSED AND APPROVED this the 7th day of November, 2023. MAYOR ATTEST: City Clerk PAGE 2 OF 15 PAGES AGENDA ITEM NO. 8.B Wichita Falls) TX — W TP Andritz 2.0m Belt Filter Press Refurbishment Proposal Proposal: 20989581- R1 By: Todd Pratt Date: October 6, 2023 Tel: (214) 886-4056 E-mail:todd.prattandritz.com in r Ip � . lb _° yby Y —r ice. a, 1 7.,4,E �a ,1� � �, r 1► ��I .•t- • �",ni ANDRITZ SEPARATION TECHNOLOGIES INC. 1010 Commercial Blvd S. Arlington,Texas 76001, USA Phone: +1 800 433 5161 Fax: +1 817 468 3961 separation.ustANDRITZ.com www.AN DR ITZ.COM CcntldernIal document.Al aptE reaereed.No Wplcaian ar dsc o u1e f<tt'rr Fortes perm=ed witt. 1.7 the'mitten maser:o'A4619IT2 AG. PAGE 3 OF 15 PAGES AGENDA ITEM NO. 8.B MORITZ Separation 10/612023 TO: Wichita Falls, TX—WWTP PROJECT: Belt Filter Press Refurbishment PROJECT LOCATION: Wichita Falls, TX Reference: Andritz 2.0m Belt Filter Press Refurbishment Mr. Burns, We are pleased to submit the attached Proposal/Scope of Supply for the above referenced equipment Included in this proposal are photos showing samples of the condition of the Beft Filter Press for reference. Photos of all worn/damaged areas are not included. ANDRITZ is a world leader in liquids/solids separation, and takes a great deal of pride in the experience, quality, performance,and customer satisfaction that we supply to our many clients. We trust that our quality, service and value will enable ANDRITZ to be the belt press refurbishment supplier of choice for this project. Your consideration is appreciated. Sincerely, Todd Pratt Area Sales Manager ANDRITZ Separation Technologies, Inc. Cell: (214) BB6-4056 Email: todd.pratt©andritz.corn • .nnaenttCIticurnent AJ rigt termed.No duttlatbn or d!situ:sue thtcl pardes.permthed•Klhouthe written consentorANDRIT2AaG. Page 2oi4 PAGE 4 OF 15 PAGES AGENDA ITEM NO. 8.B y_.rb C5 . °MIL 'h" M • qmwor winuous WW1 r,a M ch n Name Jiate - .. s' - ' _ n S AL*AT - Badly Damaged Roll Coating ta • 14,4 Belt Press Side Profile • � x Badly Damaged Bearing Coating Perforated Drum with Heavy Material Build up Conticrnbad clxumnt AI milt:reseved.lac 3u I 41 or arsccmure tc mni Dales DecmlLedatDth the wetted consEDI a"A,hfDRI:Z AG.. Page3DIA PAGE 5 OF 15 PAGES AGENDA ITEM NO. 8.B I C 1,......,YL v. Yam..a 4t 1 ..F J,'. . �Pli .. Misc. Disassembled Drive Parts and Missing Bull Gear Gravity Zone with Old Style Plow/Chicanes Lios i 9 f Darnaged/Worn Tracking Paddle mortal&cement Ad Nils re werved.NO dudkatdn m rtscbsuie te third parties permitted r9tmul the wiled co-reed 7 MIX=f.G. Page 4 Ct 4 PAGE 6 OF 15 PAGES AGENDA ITEM NO. 8.B Separation ATTACHMENT City of Wichita Falls,TX WWTP Andritz Project#: 809880 Serial#_ 10158 Andritz CFF 2.0M SMX-S2-NG4 Scope of Supply: Refurbished Parts (From Existing Unit): • Shower boxes and other stainless components will be cleaned and inspected. • Shower pipes to be disassembled and have new nozzles,wire brush and seals installed. Shower boxes will have new seals installed. New Parts: The following items would be supplied during the refubi shement • Complete set of new rollers and bearing assemblies supplied for entire Belt Filter Press. All rollers and bearing housings will be coated to OEM specifications. • Side wall seals • Splash guard seals • Set of dewatenng belts • Distribution chute splash guard seal • Plow chicanes • Wear strips(gravity and wedge zone) • Upper and lower shower box seals • Shower bar nozzles • Shower bar internal brush • Shower bar seal kit • Doctor blades(1 upper roll and 1 lower roll) • Doctor blade tensioning Rosta's • Belt tension bellows • Support bushings for tension rods • Belt tracking bellows • Tracking control valves • Tracking sensing arm and paddles Attachment Page 1 of 4 AIWRITZSwot.-Irc FYrWk W.ra-a.-affa IOW Comrrana RA 8olh AIGIIIITL 6.4wcn Inc. r4a-cm tl.rt.I r.vtl PLC Arlirglon T%rem LEA Drz 02112 Now Yart&Noah r 0 Ea 12W 12 ,,..r Fa.AUMN 1. •1 1T:166-1311 Dar TA 7591;-12 Brous E6l94 1 r'.•..I I TI I .ar~ti Tc o p&.r W'R3;r,IC .a&O161•J PAGE 7 OF 15 PAGES AGENDA ITEM NO. 8.B Separation • Gearbox and bull gears • New electrical switches and electrical wiring(2 limit switches, 2 e-stops)and wash water controls Site Work: • Press will be dienssembled and then reassembled in Wichita Falls,TX ▪ ANDRITZ will supply transportation of rolls and components from our service center to the customer site. • ANDRITZ to provide(2)service technicians to be onsite for 15 days. First trip, 5 days,to disassemble Existing BFP.Second trip, 10 days to reassemble and start up to check the electrical and pneumatic systems for proper operation. • ANDRITZ will provide forklift. • Additional time required due to delays outside of ANDRITZ control or request for additional work will be charged per the attatched service rate sheet. Not in Scope: ▪ No work will be done to the pneumatic control panel. • No work will be done to the electrical control panel. • No work will be done to any grease lines. • Nor work will be done to the Frame.After dienssembly of machine onsite by Andritz Customer is responsible to address any corrosion on frame, if needed, such as cold galvanizing or touch up paint. • Stainless Steel tubing air line will be replaced with pol}'propylene tubing_ • Customer will be responsible to power washing and cleaning of the equipment prior to work. • Customer will be responsible for disconnecting(and reconnection)of all utilites from the machine. Such as sludge,water,drains, compressed air and electrical service. • Customer is responsible for disposal of any old parts not reused. • Customer will be responsible for removal of walkways,grating and other interferences to provide access to the machine. Attachment Page 2 of 4 NOITZ Eafrolimulrm Hoed b: %Yri re n'. 1010 Csrrdi Itd.Sixth .V.111TZ 04mion Ina Ihdr dM rrC PLC F TX ram LEA Dui W12 Now Yon&Nosh P 6 Sa 1=0112 :n r FaJU"r1 Tt•1(01T 131.-011 0oi=TA 1304-012 F¢urr.E61942FUI Pal:+1 COI i111Fti I F. TB O Farr hr 341Tr_103 FBA=NOM PAGE 8 OF 15 PAGES AGENDA ITEM NO. 8.B Separation Terms and Conditions: This proposal is based on the attached ANDRITZ Separation, Inc."Standard Terms and Conditions of Sale". Special Provisions: • All prices quoted in US Dollars, ▪ Pricing quoted is FOB Jobsite. ▪ Pricing does not include any local, state or federal taxes, pemiits,duties or other fees.Any taxes or fees that may apply must be added to the quoted price and paid by the buyer. • Bonding is not included. Validity: This proposal is valid for 30 days. The quoted price in this proposal has been calculated based on the current market prices required to manufacture the quoted equipment and services pursuant to regulations,duties and law in effect as of the date of this proposal.The quoted price shall remain firm for a period of thirty(30)days, except and subject to the following. In the event that time introduction of new tariffs, levies,duties, regulations,or any type of legislation by a domestic or foreign government has the effect of increasing the price of the quoted equipment or services, Andritz reserves its right to adjust its quoted price in order to reflect these increases in cost.Nothing in this document,or in any of the applicable contractual documentation shall be construed as a waiver of this right., Terms of Payment ANDRITZ Separation agrees to the following payment terms(on a net 30 day basis): • 30%of Order Value upon submittal of Approval Drawings • 70%of Order Value upon Shipment Delivery: Equipment readiness for delivery is anticipated to be 14-18 weeks from receipt of Approved Purchase Order. Attachment Page 3 of 4 uourx Swrrer Irc ..= Nha.rrr r 1010 Corrrdi Rr7.oWh 4hx1 Am-po n r,c 131_••lirri.1 mrd 1._C Aripplon,TXTGUI Lam. LYa 0012 w'rr'":rK Yrrs11 P6 e¢12 312 •1N'-h T2.1011121.1165-01111 DER=TA T531:-1012 A 3ln,1:10 .:♦1 MI P1 1 l MdrrI Tom O Firrlr 30.3T731021 ?•14:26'... PAGE 9 OF 15 PAGES AGENDA ITEM NO. 8.B ZODIVIL Separation Pricing: The price for refurbishing the existing belt filler press per above scope: Price_ $309,942 USD Attachment Page 4 of 4 /FOlIT28.-0mulie' MEAN km N•;v:•s:.r1 1010 Corrnrc•Rd.Ugh A1e:11111i tligaranon 11¢ Yx_r Y rk11vn7 &legion TX MOM LG/. 0312 How Yon[moral R-Q Ea IS312 I>Pff T:MN.LI112,1 Ti'.•1 1T}IESME11 6ai TA 7334-12 Amara ErrU4:m1 (111I TJ 3.r1 Pear TQ 13Mn 51-3173411111 /a.02151:11. PAGE 10 OF 15 PAGES AGENDA ITEM NO. 8.B bTL TERMS AND CONDITIONS OF SALE AND/OR SERVICE 1. TERMS APPLICABLE b) Services Marvin'. Seller warrant to Buyer that the Services performed wit he free (alThese Terms and Condi or-a o Sale and'or Service are the only terms.which go..an the from detects in worlkmarrtip and 011 ounferm to any mutually agreed upon speciicalarm. sale of the product{.equ s-1er.or parts and.or:he provision of services('PrcdJ::: and if any failure to mee:this warranty appears.within 12 mantis frorn Be date of corrpldhion of 'Services')pursuant to the cmotaton or acknowledgewentof the Andritz enity suppp,-g the the Services.on le corm on tot Seller be promptly notified in writing thereof,Seller as ils same 1,°5elerj or Buyers purchase order or other a9itlen document isow.el ty=u,a' --a:e sole obligation far breach of tris warranty will correct the ialure by re-performing any Terms arrd Condtsr1s oi5ale anger Service canto),supersede arc 'a::: :-. :-:: tefecive portexi of the Services furnished. Seller does not warrant Ile accuracy af,ar other atldilional anlror rifiererrlterms and conditions of a.e• :i1`a a•-arcs,:te<_cry performance result:oF,any corUusiens or recorrmendaions pro+.ided.nor that any desired and reject al such terms and c nditions of Buyer wrthc-:•. a• ::`::y.r except to the objective will res+Jt from tie Services provided and Seller Mal not be liable ix any lass of extern Seller expressly agrees to sum 7ano lions it ; E-.-•: L,crmi+xh fur Seller use or any red Jcian lox-e_.whatsoever. to commence work under the Agree-a- it Buyer•_ -..'..:-:e x'cewery of or payment (a) THE EXPRESS WARRANTIES SELLER MAKES IN THIS PARAGRAPH 3 AR E THE FxanyFroducGor Services caieeo t. -_ :-e a : - -x.eorin part,shal he deemed ONLY WARRANTIES ri W1LL MAKE. THERE ARE NO OTHER WARRANTIES, Buyers acceptance of these Teens :-. .. ..- - -:e aiVor Service. The term WHETHER STATUTORY,ORAL,EXPRESS OR MIMED. IN PARTICULAR,THERE 'Agreement as used herein means lij these Ter:: : :: _ _ :- a and,Ur Service, ARE NO IMPLIED WARRANTIES OF YERCHhi1TABILITY OR FITNESS FOR A CS)5eler's quotation or acknowledgment}Doe:-a• . , .... _-: torero and arty PARTICULAR PURPOSE. documents.eapessty incorporated byrefe'e-:_ - . -- -- varorother (di The remediespraoiledinParagraphs.3(a)antl3(1ayareEup+ersexlush'eremedyfor Mina.documentissued by Buyer eagetl'e•rti.t:-. :-::-.`a-::-ace:::-::-:comment breach ofwarranty. expressly iieorporaied try reference abut exdadin;a .E-,+•:e. .-:-:::-::: s attached (e) 'Nth respect to any Product or part thereof riot monr.'amred by Seller.Seler shot thereto or irr+xpxatea therein by reference). r :-; a.elr :=: :cif R rrveen arty pass on 10 Buyer only those waranies made to 5ellar by the manufacturer of such Product dxatmenis toning Ire Agreerreni,such Oucun1en:1 I be construed in the above-Isted or part Erich are capable of being so paused on. Order cif precedence. 4. LIMITATION OF LIABILITY .. i �}Friar b Buyers aooep[arre ofany Seller quotation in x-:t'.these Terms and COMnMxis� NowMsland rg any other proon visi In tlle�ArAgreementtie Rllloi9ng hmrtabonns of Iiahrtty of Sale and.br 5ervi:e are noorporaied,in the ever -:roduclion of new tariffs, Moll apply: levies, duties, tames. regulation or any type c' a ..- dornestic or Foreign (a) In no eseT..'whether based on contract.tart(inhuding negligence),Strict lability or government has-ce e=ac1 of increasing the price of tie :-::e1 Drcduds andor Services, othrerwise, shall 5e Lr .Is officers, directors, employee: subcorr actors, supplers or Seller reserves its r_ ..-adjust l (fluted price inonler:.•efect'hese increases in cost giblet!Gorr aa94: :4 Ia]W for'C s of sett re,enae:Citruses opportunity,lass by Nothing n this 00 '+ : : .-. Ca the applicable consacbiar downentalion snal be reason of sr-::: : :a: . . ::_. _ . a7 ity ao roll capacity.or cost of cansbr.ued as.a'i'a art'F=rcc-::. obtanrg oche ..::a:.-u=-:•:_-:f-`i.5y.-a -:::-_ :a`:"`r:by the Products cr Software, 2 DELIVERY OR PERfORYANCE:RISK OF LOSS AND TITLE loss of future canracto.c: .._:f customers ::l:. a. x loss of use of capital,in addl. (al Delivery or p mfcrnrance 7a:e::.e c al7'at-r estimates and do nol mean that time is Cane whetter or ros a:raaaea ale.or for arr rc,a speaal,incidental or consequential of tie essence' Buyer's lei a :: : •:.cc advance or interim patrnent,suppf% damages of any T..•-'a resullrig from, arising out of cr canrreded will the Products; tr-chrir~�I iniomration,drawings arc.,.. - _--.r:aarrmensurale delay in delver/ Services,Soft earn:•:qua P.greemrrnlor from the performance cr breach hereof. or performance.If tie parties have:c•aa: :: :--..-- .:rages in this Agreement for (hi The aggret:.•a :aiity of Seller,its C.ffkers,di'ecldrs.employees,subionlraclors, Sellers delay in achieving certain rr.leslcr a: -: -a7 aril agree that suppliers.o'a=^::a:7:r'aanies,For all claims of any vied for any loss.damage,or expense Buyer's damages ix Salem's delay are oifi:-::: :ie::: era certair:i. and such reaping fro' :•- ::JI of or converted will tire Product;,Services So'.ware or tiffs li uitlated damages are not a perralby but a rea=olatle a •::a of 3.1y+ers le:, :: ac-os: Agreeneaul a.:..:.. :-a)erixrrimte cr breach hereof,together with theca=::':e•'rming fiiysuchlquidateddamagesshallrotesrceedanaggrc,::a,aleeor'veFero-: `.': a the makeg000Ca::::-,anpassperformancetest,ifapplicabae,snalinnaeaai.a`:as":)the Agreement price arid Ma'beBuyer'sexclJsveremeey for any delay a. `a +• ._ . 'ing Agreen'Krnprice. any of its odgaions unde'pie Agreemer:aid i.ii)Suyer agrees Setar slat,me.:a crate (a) Tre'imitations and exclusions of Iiadlity set In this'paragrap•7^ _-: :ace for iquiialed damages ri Sele's delay n achieving a m/esltire sdtjecl ha ':-:aled prerela-:e over any olher provision Cr thisAgree-a-:: :_ : :oar:whea.-e.:-a:: damages has not delayed Buyers abilty to use the applicable Product,Sotica:e arc:t r Iota ir, :::sed on contra::warrant!tort rirhlo rg'aa ;a-:a =.•7 iati:. --_ Services. otie-tit:a -re remedies pro,idedintis Agreement are E-:a' a':-:-e.a...-al. I) Upon and alter delivery,risk of loss or damage 10 the Products shall be Buyers. (d) r. utility of Seller,its officers o re core.empoyeee - •naaatars. aJppleers or Delver/Wine Products hereunder lab oe male on the teams.agreed eo by tie parties as set -varies.resulting from.arsing out Ca or connere7..:-'he Products,Semvi:es. forth in this Agreemeni,according ro IhCOTERMS 2d2ti. If no delivery tern is agreed ?r: _..; a': . :"e aerianrance or breach re-c:z_-:: :e bale on the ttid elsewhere in tire Agreement delivery of the Product;wil be made FCA shipping point arr.a•_:-, :'_a:::a:`:-:.kc eement (NCOTERMS 2taO Title io the Frond= shall transfer 10 Buyer upon iraal payment ter ::agent=-: '- - :ae for any loss ce 1a .:;a r a:_oever arising from its tl'evfcr. fail.rre:.a iiacoire'at 7E:;. ::- .:;'acts at defers inhe'er.lr Ti lesgn of goads serviced 3. WARRANTY (unless.such discov'er,'ar•e::• .--amply discoverable by tests eopmnsnly specified ire lire (al Product Warranty. Seler warrants io Buyer Mal the Prcctuce manufactured by it will scope of work under tr s a a•a-::or caused by the use of goods by the Eurler against be cfeloaered free from detect in material and rerkniansrip.This warranty Mal commence the advice of Seller. If lie a•=--:ones Buyer with advice or asssttrre eoncemig any upon delivery of tie Products and shall expire on the earlier to occur of 12 mints from initial product or systems that is is.:•ec.ired pursuant to tris Agreemern,the furnishing of such o peraion of the Products and 18 months tom delivery thereof One'Warranty Perior). If advice or assistance wil not subject Seler to any Iadlity whetter in contract.indemnity, during the aVa Tally period Buyer discovers a Merl in material orsnrkmansnp 'warranty,Pr 'warrantyWO�)y,WO negligence),shnA ILabiillty flr fltl'ervnse and gives Seler wrrtei}dire thereof within itl days of such discovery.5ele'ci11,al its 5. CHANGES,DELETIONS AND EXTRA WORK option,either sewer o Myer.on the same terms as the original denten'was made. Seller'Kill not be required ro crake changes in the Product;or Services unless Buyer aril according to INCOTERHS Ma,a replacement part or repair the defecLin place.Any repair Seller have executed a written change order for such change. Any such change order wil or replacement pan furnished pursuant 1c this warranty are'warranted against defect.in include an appropriate adjushr'rent to the Agreement price andur schedule.If the change rraleral and wntlkmanshp'RN one period of 12 mantis tom completion of such vapor or impairs Seiler"s adlrtp 10 sallsfy any of its dtllrgahons tb BUM.,tie change artier wit include replacemeT..win no iurher extension.Seller wit hate no'warranty otlgalioris for the appropriate moafioabanhs to this Agreement Seller shall be entitled to a change order Products ruder this Paragraph 3(a):(i)iI the Products have riot teen shred,installed; adjusting the Agreement price.schedule and.ror any affected obligations of Seller Rafter the o perated and n-anlained in accordance with geteraly approved intlustry practice and with eie:tve dale of this Agreemenn(a)a Mange in applicable law,tariffs.leases duties,taxes, Sellers specitc mitten instructions;(i)if tie Product are used in connection with any regulations or ordinances or(b)any act of omission of Buyer or any::-car p:..-.'l•,Yvan nrixthre or substance or operating condition other tan that for which they were designed: Buyer is responsible,cr any error or change in Buyer-praviled infaTr:::.-_-: :'a:ti re a if Buyer fails to give Seler such critlen 14 day notice;0)if tie Poducts are repaired by change in the Products or Services or cause an increase in tie cost or:.}arse in:he someone otter than Seler or have been idenuxialy ar accidentally damaged; {i1 far schedule is supply the Froducs.cm Services corrosion,erosion,ordinary wear and tear cr in respect of any part.which by Their nature 5. TAXES are exposed to severe wear and tear or are considered emendable;or Ni)for expenses Sellers prices do not include any sales,use,excise or other tames. In addition is the price incurred for work in corneclion with the removal or the de'ecliv+e articles and reinstallation specified herein, Ire amount of any present or fubire sales, use, excise or other tax following repair or replacement applicable to the sale or use of the Product..Software or Services Mall be biled to and paid e-dot r..,..b_o.d-x-.-.w.a!.-.b 0 .,w 2=1 PAGE 11 OF 15 PAGES AGENDA ITEM NO. 8.B by Buyer t.i=-: E =•provides 10 Seller a tar-Exemption certificate acceptable to the Seller does.not warrant that tie Sod/Jere or any equpmerrt system.or network on hicl relevant .:sae. the t3e Is Used liii be free of eUlnenbetf to rrinJa irs cc alilict T. SECURITY INTEr.E aT (d) If wwtttin 12 months from the dale of delivery of the Products oorrlainiflg tie So°:Aare, Serer s i:;' ^e r::_ ^ose rroney security interest and Buie'he'ebp grarrs Seler a lien Buyer ciscouers.that tie Software is not as warranted ebx.e and notifies Seler in writing L::- :-:-e:_--. -'a'=[ -:^__PraC a x roil al paymer s iereureer-owe been made in prior to tie end of such,12 march period.and if Seler determines twat it cannot or wit not -- _ . .- _-.. : Seller may'ilea jranr4rgst;:emer:aaomparadedccarrrera oarredthe nonconformity, Buyers and Buyers Seler-authorized transferee's exckisive -. •s__ .-- _._s . :no may ce al other acicr t deems'eason-ably necessary remedies,at Sellers avian,are:(1 j replacement of tie nonconforming Software:or(2) aro ma 1.Df su::r,securcy mierert in Seller and,p protect Sellers interest in the termination of thin license and a refund of a pro rota share of Ire Agreement price or license F•:duct. fee pail. a. SET OFF ff.) f any r'-i;ee rent,:r-:are-made against Buyer arising out of Buyer's.use of the Heider Buyer no':-. :`•: :.-isles shall have any right to set off claims egarsut Sella or 5oltware in: :-ter re is`a: :. `e ler,Seller shell:ill defend against any claim in a sort any of its afflietes'.•. :_-:-..xwee_m:E•l^sAgreerrentoratrerwise. orproceedinc::__,:t. : _ .- :edthird party against Buyer that the BorRAa'ewalates B. PATENTS a registerec :•: ::-':_-,:achy agreemet.to a nicr Seller'w.m a part' p'asided LhlesslhePraduc�_ . -. _-_ --.o_iyerssioecfcatinns xinsWcioris that Seller__r::°;::•:., , m'miring and given the necessary sithcrcy ror-ralicn and and provided the P°r.:_;:r :-. ::- . __.• . .:: ne1 in any riannner ocher than as essistnnse':•:-a ::__ ._.:-ii settlement of such claims I rcluding tie sole aLlrorily 1b specified or approved by Seller i- .. .:Leo by Buyer without the written consent of seler.c..:_--a : _ - : e:he Software Cr shop accused infringing usage);(mil Sella shall Seller,( Serer steal de'end --' : -wade it a suitor proceeding W.:tight aganst satin a'-,:.,_ . _ :'.err all appealslfsr damages entered against Buyerfor such claims, Buyer by en unaffiliated:-v ::-. :-:::.ny Prcduct infringes a device cLaih of a patent so Fey as a_:- :: :-;es are not ettrioutaole to wilful opnduct or sanctioned litigation issued as of the effective c:,:=: .- •e;rail in.-e,c.tr- in a pith the Product elf be opndiC arc en)oiis Buyer from ueing the Software.Seler may at its operated,and limited to the'e: :::-a-:a:': = :':-::: _ : __: _rider this Agreeereiertt aptiar : -_..- Per Buyer the right to continue using such,Software;(b)eliminate the proeiied Wier is noticed promptly in„ :ciwan.ie ne:e awry authority,inPonnatioes tie r.a ;-::;v:-iiftingg the SORrare or replacing it with a functional equiwaferrl fin'alvclr and asestn'r:e r*ie defense of si:- ;: ,: Seller shell satis'y any j,dgmem.(after all .,._' _--._ . . i•gmedialehy stop use of the alegedly in}inging So°:ware; or(c)fake back :c peal: -o• v ;e-_ntered against E lie:e.i such claims so bog as such darmages are sicn S:",.: :1: °efund to Buyer all payment cn the Agreement price that Seler has r::::•:_.::_•: `_ inductor sanctioned litigation conduct and iii)if such judgmenf reweave: - a'.Sellers obigatiorrs'mderlhi.Paragraph 10 shall not apply to the euleat rs.Et, _:-; Product or 3 p....r as r.then Seler All al is option:i a :^::!^=claim c sd.erse ilsi t.c^;-ar:•a:es to:r(1:)Buyers running of the Software after .. fo• __ e . , •. : •D cartrie t:° __. =odus or part r7; eliminate L a _= rotiied 1a dKuicixre: -: `a ler software, products data or processes; Cry c amen.oy rs:::-; : :- ..- -• _ = .._._ pr(c)take ball such, _-_._ . ::=•a-.kri of the SORB:•a - Buyers distribution of the Software to.or iG use for Pnlact Sr par.a-. _`_ :•: '_.a•: ::, 'a-'.: :-'.'a _.e a...srt price tel Seller has l's:a'=` aig Third party no:::proceed in Writing by belle or(5)Buyer's acquisiich of recei.ed ler tar' :: --'a-: =;: -; -:::es 5elle's entire liability for paled (a)tiro_;- --paper means:(b)urger circumstanrees.going riset iMri merr.by ar Pr:..:;x ,-= a: . .. .__::„ .,.,^re: 4. .._-,use;or IC)from a third who owed to the art � y ; F:-.:-a--x .. ._._.. ," � - (. Pay' party 10_ SOFTWARE LICENSE,WARRANTY,FEES o.. _--_ 7_ .. . _ .• .-::,r tie secrecy or limit the use of tie confidential If Buyer and Seller have not entered into a separate lcense agreement,the fall:ming . a r:r. '-_ye•A. =.-•eaurse Sui ec for arrp costs or darmages flat resuh from actions 1 Software Terms and Conditions apply to any embedded software produced by Seler and :: THE FOREGOING PROVISIONS OF THIS SECTION 10(0F STATE THE ENTRE furnished by Seller hereunder: LABILITY AND OBLIGATIONS OF SELLER AND THE EXCLUSIVE REMEDY OF ( F The Software,as described irk the Agreement?'5ofware').and all written materials or BUYER_ WITH RESPECT TO ANY V1dlb.TION OR INFRINGEMENT OF ANY grapriclies that are fixed in anylrangibre mediim and Val relatelo and support the Sorftware PROPRIETARY RIGHTS UNDER SECTION 10.INCLUDING BUT NOT UNITED TO ('Dooumentatianq, and all present and future worldwide copyrights,trademarks, bade PATENTS AND COPYRIGHTS,BY THE SOFTWARE OR ANY PART THEREOF. secretes,patents.patent appliratipns,rras c were ighB,nnoral rights,contract rights.and ill This wanan:f se:Forth in subparagraph(cy above shall only apply when: (1)the other proprietary nigha recognized by tee Laws of ar{car.rrtry inherent t therein including all 5cntware is not mat-iec by anyone ate than Seller or its agent authorized in writing„(i) charges and improvements requested or suggested by Buyer it the support and there is no modification in to Products it minim the Software is itstaled by anyone other nnamenlan:e of tie Software are:he exclusive property of Seller;Seler s Inset a teal than Seller or its agents autrorized in writing;(3)tie Products are in gpod operating order Property Rights'). Al nights in and 10 the Software not eupressty granted to E uye, 1 the and nstaled in a suitable operating environment(A)the rrnconFxmity is not caused by Agreement are reserved by Seler. Nothing in this Agred-lent'will be dee-red ;•:-: py Buyer or a third party:(5)Buyer promptly ochres Seler in wriing.ref is the peniol of time implication,estoppel.ur otherwise,a Ike nse under arnj of Seller's existing c.• _:::ors. set'at,in subparagraph;cy ahare,of to rcncarformity;and(6)all Fees for the Software Software wall not include any upgrades,new versions,releases.enhancemer:- : __.:.:es die lc, 5eler have teen :ioehy paid. SELLER HEREBY DISCLAIMS ALL OTHER to the Software,unless agreed to by Seller in writing and al i sell discreic i s ax:enrt WARRANTIES, EXPRESS OR IMPLIED. WITH REGARD TO THE SOFTWARE, any upgrades,new versions.releases, enhancement.or updates ri:-e ': .. _ . _ INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTAB1UTY, provided by Seller,the lens`Software'shall be deemed to include-_: _::'::_- -e FITNESS FCC A PARTICULAR PURPOSE.COURSE OF DEALING AND USAGE OF versions or releases,e!lhans:ernerts cc updates.To the extent arrjownersnu igh:. :_: TRADE. Buyer with respectio the above,Buyer hereby assigns al odds right.title,and inte'e-: o-: IgF Buyer and its successors are L.mred lc-re remee es specified in this Paragraph 10. to any inielecJual property embodied in in lire Sellers Intellectual Property Rights,nclucing (tr Any subsequent modi lratiorns or enhancen•enls to the Software made by Seler are, enforcement rights,to Seller'wilhxnl the payment of any addilxial canrdemiorn thereof at Sellers option,subject to a fee. either 10 Buyer, or its employees. agents.or customers and agrees 10 execute any 11. SITERISPIS dacumenrb Seller deems necessary to effect such assgnmerrL (a) Site Condition.The panes act hoefedge and agreethai as to conditions aihhe project p) Seller heretry grant to Buyer a neon-exclusi e,nxn-transferable,neon-sub-licensable. ate.Seller is retying upon informally'provided by'-_: If Seller becomes aware of any revocable lame to install,run.and use the SMM1ware.and any rhodib:alb-is made bySeller subsurface, concealed,or differing cars tion.en;•:-..en: hazard e, violation of any thereto only in connectipn with cor'g im:o-rof the Products.ani operating system F:ratith environmental law arreguletim,Seller will immeela:s :_::a-:perfarmarcec the work in Ire Sorfbrare is ordered hereunder. and far tie en_::a aun;sa. staled in the the affected area and notify Buyer.Buyer atluioml --• t;:it wil assume the risk of arty Documentation. Buyer agrees that neither : nor are 7Y ::.- reverse increased cost and changes tone schedue tat r_ ..==aft tam such opndilinns.If Buyer engineer.decornpie or rep odice Ire 5:'.rare.ex cep:Buy^a•':, :'a::'a: :-;la copy for does opt immedinetyremediale such conditions,Seller-la,'either suspend periorrrance of backup or achival purposes.in a:c.o h:-:,e a•..m Ire Dxumei:t'.:- . Buyers all work orierrrinate Iris Agreeneent Irernset use the Software and the cc:. :.:'b:'r: r::-: :a ..__:_ .-.t•ascl, Ni Enrivnrnentl Remedialon Buyer acknowledges :^: t=ts is opt an ea:per.ire ofttis Agreement by Buyer.Al coop e=:': -':`:r. a _ _ _... .-_. enainxhmentalremediaian and shall not be directed byc(viz,=: :='u .:Terwrselepeivrm of Seller.and all copies.for wl'icll the Inx :; -:a -:'a: --: :a 'a:_"a: : tier,or any ernironmerrtal renediatian,as part of the Services,includun;[_:-.:. '-':e:::asbestos deleted from Bi.errs.computer systems.wr-..--a- ::-'- -::-:':; car..-. .n and lead pail removal.If any en vircnmental rennediation be x a- -'' -- __Lyer coil (el Seller, iltat,anthedaieofshiar-a-::'•-sEoHe:•s:-.nePrcc_:::;rntoimg opntractdiredty with a qualified third party to perform sw:hwan. the soVrrs::' r i''He S.: Aa'a ore c,r::-,:.Tie anc:: ecl mpg'r.-e software 12. TERMINATION and are foe ::+-- :_'=::- _ '_I er has the n§rn n c :-:•see license hereunder (a) Buyer may terminate this Agreement upon breach,by Seller or: :_ : :: n and r,9y the So'.hs a a,u ti : :_::: ,r accordance'iitn re related 5elleraperating hereunder and Seler s failure to cure,cr is commence a are'.' _ _... u,:-ui a documenDulorh.In rio ever:::_-'e a' : al the Software is.emar free of 1hai Buyer reasonable period of tine(bul not lesslhan 30 days)following wr,:e :'-:;ice of<he wall be able to operate t-e':"'.:'a :_: ::IT-ems or interruptionns. In addition,due to same from Buyer. the continual dc.idpmer::• are '._: :__: -:r i•nmdng upon am atbcung neiwunils. Meat r..,..d=..r.-•max.-atr 2020) PAGE 12 OF 15 PAGES AGENDA ITEM NO. 8.B Buyer may only terminate ihia Agreemerr for Buyers cawerirenee upon written ro_ce be enttled to be represented in the matter by counsel of its cha'csing at Buyer's sere to Seller aril upon payment to Seiko of Sellers termination charges,'which shall be specritec expense. Vii me surtr Loss resat forum the Fain of both Seller and Buyer ore third party. to Buyer and shall fake irk acuaunn among,other t1iigs eapenc i(direct and indire�' then Sellers defense aril indemnity obligation shall be Imtited tlo the preporionu of tie I++�� incurred and cnmmibnerrts ar'ealy made by Seller,overhead,and an appropriate pfo&r_ Ir that 50ers FaUt bears io the total Fau1L case of such,iemtinalian, the licenses granted in Paragraphs 1 d and 13 hereoF sell NF Insurance. Seller shall maintain eamn'rerc.:. :- _•. ._ rsurance'rib,(nits.of terminate. 32030.003 per oc.urrerre and in the aggregate;:.a'-; :: ': _ ::•li'. njury(including, (el Seller small have the right to suspend valor terminate its obligations under tot dean;and physiral property damage arising 0.11 02 7"a_'::-::_ :''e'.X-e. Sere'shall Agreement if paymerrl is not received*tin 30 days of We date. In the evens of the also provide anrkers'compensation insurance c'tre he a= 'a__ -_ : . _ . ":he bantumplcy or insolvency oi Buie'or in lhe eventof any tar ouptcy or insolvency'proceeding j.IrisdicianYaeretieBenicesedibe performed.and c%amel ":--::.-=:�_:: aciliy brought by or against Buyer,Seller shall be entitled b terminate any order outstanding at insurance'eitr limits of 51,0d0A00 cerrbiled single'": `_ _•, _•:. ._::Le-ei:a:e of any ime during tie period Mowed far fling clairrr.against the e=bie and shall receire Insurance cerhi1ong:he existence of such oax+eraS_<.. reimbursement for ito cance•lohor charges. 1 T. EXPORT CONTROL AND ECONOMIC SANCTIONS COMPLIANCE 13. INTELLECTUAL PROPERTY;CCMFIDENTIALRY (Yi Buyer reio;ri:es ial Jr'r Product ano So'.ware be:a:e Ire suajeci of this (a( r:elecblat property embed ed in the Products.her.ces and 5citware provided to Agreemerrt and 0',; s -•- _ ' 'a ':,1 U.S.eipon caxrtrd aril ecnnernic Buyer ='"s p:perry of Seller arra any irtelledual property developed.a:least in part,by sanctions lank an:: 2c J:,:: a a :"e' =u;t Products are exported fl9m the U.S.(if Sae' ":''..- ?yeemeniisandrerranathe sole and eedusiwepmpentyof Seller.Further, applicable'Iariae'.e.-rlhuaugh _'::-::_:-: `,'.are have leerpurdnasedirearid,iF Seale'?": ":.a-e fight ha cdllecl aritl Wye data gLnserri etl try Vie Product..SdRware dr app irable,esparted from Can.:: ` ':-r.'e such Product a-d Software xi11 not be diverted.transstrpped,re-=.x:::r:oc.or otherwise transferred in co-riz.eTayi CO any Set,":._: :_:: lereklnder. appllcahte e>gnrt aortal arid. ntl ":mN:sarndions lays am regulaba2.nor wit is allow the '_._•::tr<'a1edges that Ire iMxnraion riot Seller s:Jtr'a to Buyer in uamection Poduct nr SORrare to be ins:,::-:.:ed into other proluct or used m moue direct pradirGt. _•-e-art and the performance hereon is Seller: ::"'cerrtial and praplietary' thecluds tare exported,re-es::':-1..used.or transferred in viaraion of U.S.e>gnli carrtrd infce :':" `_,Er agree:�.`.:a disctase such,nforma'i:-:::"':parties e0ttvout 5elel+s and eeannnic sanctions Lars or:roc Jlaalions.Buyer ilrtser aii'rrs 11.1 s,JUl Products and pox a :a'sent ;=e a'_':;"tla Rye{aro^i-ealj=:_ ': ::;r-ee.non-bansferrabfe software wit not to Joel, 1'aaJy or indirecty, in any appicatian innrving missile ikere to rse 5ele''s - - ._ -.: r0err::.:- '.' the purpose of the technology.nuclear:": 's':'i.r orcfemiraland tiOlocjcal nvsapons.prdiferatian. 'witwut Instillation,operalrr 'a::':�:"a we're sibne:l of rn'm..Iyg tie fo regci"; __,e'tis'u1 riot nankin it allow tint parties to,export re-export,or r:-:s-�ar:s :-: �^aduc= :"o'. hls� Agreement orty'.p':. :a: -:newer :"::'_,.'•-: _ ._"aa: ":::: :-: ' -it any transfer arryPrc.IJ::= :rE•aftwareto any person oremity:hatis the targetofJIB.sanctions. btindpartytn,era;_a "a:=_2 the proper:e :'r.^_..=e'a.a'=e_ _ __ ."a='ooi arisinCnrrea.CL:: ':"r.Narb,Korea,or Syria,el'any other oaunbyortr•ri9xyinviolatlae ar any pat;then s' :::=the Plcduct,:':1,part:^a=. __ _•_ :':,mings aria of WI.5. use the drawings c:"oer=na7 in canvnecliar :.:- Iltis A;'=="a": __ a' ,s l eefentl and (b) =-r-• 771 to respons'tle for any breach of this provision by it,and it indemnity Seller from any claim,suitor lint 0:.:,ased or:a'=: icLding death)or suo:essas aria :ec assigns,as enel as ifs parents,afffiates•emp+oye offkeers' directors.poor-' "a--ters.sharehaloeis,customers„agents,oistnbuoars,resellers,or property damage related toany Product cr::-:}erect t ird part} wenoc': e'_: a= : l s all indexannNify aril halo harmpess Selle'em and against any with irl Seller's prior written c:o e'rt an: '•.- and zoo 'a _: ::.__ ;urges and claim" cc'a i ' e.loss,cast daneages,and penalties arising out of or relating expenses(includingatlaniegY'was A :::iasofSerer=_ c:.nila-:: anopraprietary wand-:--:nmljancerithUSe xtmnhmlaridecarionrsicsaridlonslarsantlregulations information steal rennan Sele'_:'.:e":.:": •::.be reclaimed by Se„or 31 any ime in the by ar,EL•e'part". event Euwyer is in breach of its oolgalians:nee'this Paragraph 13,or in case of Buyer's (e) Buy'ershal,ioor'equestof 5eler,promptly provide all information necessary termination pursuant to Paragraph 121,b). far Seller to ensure: -irlN:.nce wi:h U.S.wort canto!aid eeanamic sancicns Lars and 14_ END USER regulations,inducing Or:no-.P r ted to informaion related to end-users, end-uses,and If Buyer is not the end user of the Products solo hereunder[the'Erid User),then Buyer Ail destination a+Jnb'eo. use is best efforts m obtain the End USEr's written consent to be bound to Be e•:;the provisions hereof. If Buyer does nay obtain such End Use" consent BUre s^5 _=-Entl 13. SPECIAL CONDITIONS FOR PRESSURE VESSELS and indemnify Sella and 5eler'S agent,employees.si.t:: actors anc supper=:'. arty For installation,repair,e' naimteionce Services on eAstig pressure vessels.Piling and action habiity,carat loss,or expense far A 7 ct Sege'a:.7 not have bee". :• equipment tie fdlorirr,s.u1 apply: whir,5eler'rnuli haw been indemnified it E _ ._ .:'.:raj such Ernc -:a': ::-i a": (a) Unless othenuise agreed and stated in tie Agreemernt Buyer steal be responsible for 15. FORCE MAJEURE (I)p nysicaltt disconnecting and isoLatng vessels and equipment be rig repaired fnxn misting pF Force Majeure Delired.For to purpose of."_ :''e"_9t'Fc ce f,' _ "=ar, piping and electrical power before Seller or any of it sub"omtacters start the Sefvi es.and all event.'rt•e:her or r': :'a=;-:o e beyond Irerevs:-::a : .C' "-- ."-':. :.--� take adequate premolars toot re-cannecion and resumption o'use does not take place affect the perfarnance:':-_.4;ee'nernt m ou sting.wing._:...::::- :::_ : ""':-• •-'.t the 5enices are corrpe-ed,and r,i)emptying the vessels arc piping a:d freeing them Ram any iorac or harmful substances before the Services beginso oa::he vessels and ahisones.of governme":: ._ -ga.e'r"e7: auVnrihea :._ : e ::a7a.shires, lockoutm'or tithe'Fr1L=:': :: _::-I:er :.:=a'pubic ene • riots, piping are safe for 5en'ces to begin. Buyer shall marrlain the area entirely tee of epidenics.puree.,:_ a cease or cote' rcli" heatbti comburr:te.tannic and as:'.x ubstrnces and provide fire protecien service unit the lightning. a::• _ -,-'a wearer, floods, satao;= deays in 5enices are cvrr:leied bansportai:- '=-:::1 of m,^:: ..-::: oral castings,lark of aralabe On::ing by land, 1[13} T the`- =ks are :r eaistng vessel or ee rig pipirc,.lie 5 r, s=-: :=- _.:'.Ic'rter ge c'acting or unloading faciilies.nabifty'L:::aun labor or detterr ring :•= Ybr^,.:-:•.:r ;-F!•re portion of the vessel or pipir; •:: r _a r c"a •::e• ' - =airces, serious.acodera invoking the worn.of=_::,Fs or sub- 5ern0es,c"r: :_:: -. :in 5erwicesand WTI te512"riot r":.:._necessary; sapp iero :"gads,":axvlcsians. (e) Buyer o : :.: __ ___: :__'.'e'.a u.:rg the effects cf prion Joe of the vessel or I]) Suspensior -..Dloations.Reiter Buyer or Wier is unable loran.oul cerigaliens. pignguponotvcu-: ::a:_::. : ::"a=-:::i tr.ofIreoesselorppngkxthesenice under Eris A greerresl due to Force Majeure,other than tie ndgatian to make payments irterded when tive 5=r':a: :'a _.-- due hereunder.and the party affected promply notifies the other of such delay,then all (d) 5eler has no coy._:::" : :.__ .-: inspections or test,aid Buyer takes III cergations.:hat are afiecled by Farce Majeure wit be suspended or reduced for tie period responsiai ih•moo'aT rnecessary inspect .ins arc:ess.including but not lotted to,selection of of Fare Majeure and for suct,additional time as i=required to resume the performance cf testing per:0--= type.locator,ire:Jency,and seventy of any inspections and test and is obligations,and the delver,.schedulewall be adjJaed to xrnnant Wire delay. oiliest re_'._::any stave o'the 5ercces: (el Strikes On-Site.Nohwitrsfanding arryting herein lathe conTary r-e event a strke. re) Upc i';:,:=1 c+=_a a' Boyer sha" s'. __ 'e or'vith 'e history of the vessel,a lockout tkchnage,slowdvrn.labor,union or other industrial di=:_'t:",a a:Bayer's s to s-alerrent o' :a=:='.: :a :="'v_: :-.: : :'.:'="ar:of the:':-Dosed use of the vessel affects,delays,disrupt or prevent Seller's performance ofr s.E:'ae 'en:Serer shall be aRe;con'oe:o",:''-:;°;- :0: enttled to a charge order c ebining an appn:peiate adjjnrmer: ":-a C':'cement price and ff re pars a'='a:-'a: _- _• -•-.:a an .":':e: rope�mr('151'�'rlva wit deliver/schedule. determine the scosa r:are`e-,:e='.::e::le iI)Sete',I p'a,car Buyer wit a proposed 13. INDEMNIFICATION AND INSURANCE Quality Control? C')package sped:, :^e methods and pro ei Tres that Seller wil louse pF Indemnifcaion. Seller agrees io de'?m=or:":_ r'.. •:':'.and against any in performing tie Servicesspeoiec ty;tar Buyer( i Erne prapcoed QC pachage s subject btiN-party claim fix boditj injury or damage'.:':-;::e:'::_". •_::_ :7:rginpanne:bon to approval by the Buyer arid such,approval must be prokided before Senices commence; witl the FroOicts or the Services provide][. '=_ _• . : ,_. 'n me extent such, (N g aver approval oFthe QC patliage,the Services shall be dame in accordance with the QC Loss has been caused by the negligence.AT'_ _-. __. _ ..r= o:al fault r'FaJIF)of Page. Al the option of the At held point may be establshed for inspecion during the Seller.Buyer shall promptly lender the defense 0 _::"'.-iir:-panty cam-to 5eller.Seller oaulse of the ter,ricer;arid(v)upon carnpletian of Ire 5errices,the Al shall inspect the shall be entitled In xntrol the defense and resolulia r;':J. :aim;provided that Buyer Mal Inert r..,..b=..r.-•En..t!..a C ba+d.2020) PAGE 13 OF 15 PAGES AGENDA ITEM NO. 8.B Services and prairie a signed acceptance tat they haw been completed in accordance w ith the Q2 package.Such acceptance by the Al shall estabtsh can'pe-.kn of the Services 19. GENERAL ( F Seller represents that any Products or parts thereof nnhanuractn:'eo by Serer wit be produced in obmpliance'with all applicable federal,state and local laws applicable to their nhanufachlrn and in accordance with Sellers engineering standards.Sella shall not be liable Fix failure of the Products to canhply with any other speciicalions,standards.laws or regulations. 13) PisAtreementshallinureanlytotiebenefiiofBuyerandSellerandtherrespediee succex-fxs aril assigns. My assignment of this Agreerreenl or any of the rights or d bl g a iseb hereunder,by ether party without the written oo n se rt of the other party shall be void. (el This Agree'er^:contains tie entire and only agreement between the parties with respect-in the sg:a.: mania hereof aril sl uersedes al prior oral and written urolerstandirras between Buyer a-:'e e'::nceminng the Prolurs:rddr Services and any prior care of dealingscrusace:': _:':lenoteopre , ::•::•::ndherein (el) This Ag•en"e-. .- -=v:::a'= :-::a"E-:e::�a^'elded ornrj by awritinng signed by an auteo oec E:E':: ' . -__. ___ - ,.-:= ce any breath by Euper of any te+ is of tire Ayeeler:"-::. :.-_ ,hrtirg: ::uy^waiver by Seller or failure by Seller to enforce any of the o,er : :-: ::-::ens ;;reenlenl at any tme,sh131 not affect limit orwaive Selle's right mere:.'e'::El'Erce an:::'rpel shict oomptiance'with every tern n and obndilion hereof. Col Al terms of Ills Agreement while by her nature should apply alter tie cancellation carrgtekn or termination of this Agreemerrt inct.nding,but not limited to,Paragraphs4,13, 17 and 19.shall survive and remain fury enforceable after any cancellation,mmpeetion or t'rrnina ion hereof. ff iF tf Sellers Ace is located in the United States,this Agreement and the performance hereof wil to governed by and ties-tied according to the laws of the State of Georgia. f iy If Sele`5 office is located in Car::: 'r s Agreerrert and tie performance hereof will he governed try and ccns_Ln:accord r_::_w e ..,s .ne Province#New Bi1.1119 tak.. (g)(i) In the oroumst:r:=:or ffi1::: E . : ::ersy or claim aribng our of or relating to this Agreement ortr=:'a::" '_:' • =-Y iLcts or the Services!wombed pursuant hereto. shall be dcRne: e, -_--. :, :'c'::;:- '• the exclusion of carts of law. administered by the A-i':,:- A•ttratiort A.--'- •- -h44') in accordance with its ConsbucLon Indcotoc ::':.::.'FL E_In force a'.:'E:'."o'r s Agreernerh rs signed and to e fii:t the pare: :_-. _:._f nil aclere?the`MA EL es).and judgment on ne aware rendered by rho:'::.., may ae enlered in any cast lasig jurisdiction over-he oar.: agansi whom a -: emenlis sought crna.•i-gjursoicban ow-alyr s d aar.ys.aese_. The cubsatitralk.net: to conducted in Alarm ,Ge:rg a ay a panel of three rremte's.Cie o' lintel loll be as::1:Ed by each of Buyer and Serer and the nvro of'elsa's wit to Ire chairman of the :-e and wii be appointed 7i mutual agreement of the tie party apacillec artibacors.All :-::r,xs must be perscr: 4'0 are nai employees, agents. pr ron'ner errabyees or:,;=-:: :'tither cart{. Ir:-E E.Er:Ef failure of the tea oaryy aaocintel artibacors to ac'EE r :--_;lays after:-: ': :-or the dispute b arbtraUcr upon the aploi trI'er:r:-E:- - - .., tl"e:"': :'- ..- f:o ?_ ::r::r:ed by The AAA In accordancE r :- :-- °-e- r the e•Er:-:'E:- :' _ e . faik to appoint .• .. -.:ay^::._ --Drniss or:._-' -. -.. .---3miiator.as. --'-=:-':o':.'ax'.v :=:..aacintnd by i^E.���.:.:---. .a ::AAA Rules. - .. any uinTduersj ar W: o o'ar relaing to .___...=1'..or-.he yea:--ereof.or to tie Products or=-le SE'.:E:D'o bled pursuant snit oe defni very :E-etl under the auspices.of the ial]dm:- `.}lnmenobl o rs:':'.crCerl>'ei CnC'i.p,µEarlsofarbipafixl and to tie excluson:-::-rUoflea',in accordance with its aelera Commercial Arbiraiorl Rules ire force al • E•-E Agreement is signed art n which parties declare they will adhere(the'CC.0 Fr E: :rdjudgmeni on the award'ereere:: :^e amitnatbrrs)may be entered in any cairn'a.-; isdicrion o der the party ogains:r.-:-er'arcement is sought or having jurisdiclior er ary#such, party^s a=-=e-s Tre a'::':::---: be conducted in Saint John New Bn-nsaidr by a panel of three aitir3b7r5,pre -:" to DECO Ted 6y ei::t 7_Jyer and Se yid the of wlalr w I DE the c-:•":- :' . _ .::':1 Irby)] : - oe app_-:hi agreement pf Ire Nip pony-:p::-.:cc:c:':-a's.Al 3r::'::- : '-: -_ -_':: no:employees.agents.or tore ampFxrEc-:':gents:'E:e'r:', -. _ of the two __ E st33E'EE -=i days after a:':?:---. _-:--- toarbitra`.imJD:".-e:: pro'el'.afthetri:•:":r.:'.the tirdar': : :E:cc:l:E: We C. ice with the CCAcfutes -te event tva:a:--'r ouyera•Seller :rsr..ratbr'ihtsreIt)dais after:-: '::elofiiedisa-:ale arbiPaDarl.such, . -...- 72:.e l as the third arbitrator.'cii be:.::: 'a:'_;,re CCAC in accordance with ✓o :.LA"..F. IJI) tone -• :Agreement pertains to the sale of any goods outside The L'in hed States #Canaua.:-r p:-Es agree that the United Naions Convention for the InternTl nal Sale of Gods shall l:::oat{to this Agreement (i)The pales here;E lave required that this Agreement be drawn up in English.Les parties. aux presentee oat exge que la presence oonvermon sort redigee en arglais A-at T...,..d c».-rs..-dikr;.na(I+r..e.2020) PAGE 14 OF 15 PAGES AGENDA ITEM NO. 8.B October 6,2023 Gina Mongaruo Massey Mud.&Orb kYirYw-NA SEPARATION City of Wichita Falls,TX p:8t7-4t9-179D River Road WWTP GIna.Mongatdc.*anlirlizoxn Attn: Mr.Harold Burris Page:1(16131 1 1005 River Road Wichita Falls. TX 76305 USA SUBJECT: SOLE SOURCE SUPPLIER Andritz Separation, Inc.is an original equipment manufacturer(OEM)of the liquid/solid separation equipment and hold the sole rights and ownership to the A nd ritz-Ru thner, Bird Machine, Nelzsch, R& B and Humboldt product lines_We are the sole source for all replacement parts,accessories and service. All manufacturing components are based on Andritz's proprietary drawings.Commercial items are based on Andritz engineered specifications,they hold the highest manufacturing tolerances and we strive to c.3 achieve and maintain the most optimized efficiency in all of our products. C) Andritz Separation, Inc.is the exclusive supplier of these components and we do not operate with local CC IAJ distributor networks.We have multiple facilities throughout North America and regional Sales Engineers available to handle all of your service needs.Please feel free to contact Andritz Separation, Inc.directly or visit our website at www.usa.Andritz.co LA Gina Massey J s d.Jfi fie`` 6 ANDRITZ SEPARATION INC Inside Sales Manager—NA SEPARATION ANDRITZ Separation Inc. 1010Commercial B vd.South Arlington,Texas 76001 USA Direct Phone:E17-419-1790 Direct Fax:B17-419-1990 zina.mo ngardo@ a nd ritz.co m wwwan IEIii.com MDRITL A JDRITZ SEPARATION IHG,101 a Gommerclal BIvd.S./ArlIreton TX 7611111Jp:«19174E55a11/welcome andrtlz.com!antlrlx.com PAGE 15 OF 15 PAGES AGENDA ITEM NO. 8.B CITY COUNCIL AGENDA November 7, 2023 ITEM/SUBJECT: Resolution approving the programs and expenditures of the Wichita Falls Economic Development Corporation (WFEDC/4A) by amending the budget to include an up to $75,000 performance agreement with Magic Aire, Inc. to assist in site improvements at the existing facility in Wichita Falls. INITIATING DEPT: City Manager's Office STRATEGIC GOAL: Accelerate Economic Growth STRATEGIC OBJECTIVE: Encourage...Recruitment of High Value Businesses COMMENTARY: Pursuant to Texas Local Government Code §501 .073(a) "The corporation's authorizing unit (i.e. City Council) will approve all programs and expenditures of a corporation and annually review any financial statements of the corporation." Timeline • October 19, 2023 — WFEDC Board hears and approves request from United Electric Magic Aire. • November 7, 2023—City Council to consider ratifying WFEDC budget amendment to facilitate project. Summary Magic Aire is an independent manufacturer of heating, ventilation, and air conditioning (HVAC) components, fan coils, air handlers, and unit ventilators. Their local facility is at 501 Galveston in Wichita Falls. This item is to consider approval of an amendment to the WFEDC's (4A) budget to include an up to a $75,000 expenditure to facilitate a performance agreement with the company. This request will assist in the company's planned $212,411 improvements to its existing parking areas, which is also part of a larger and ongoing improvement project at the facility in excess of $560,000. The proposed agreement with the WFEDC would require the company to retain its existing 138 employees, and add at least one (1) full-time employee within the next six (6) months. On October 19, the WFEDC considered and approved this item. The WFEDC's economic development staff at the Chamber of Commerce, as well as representatives from Magic Aire, will be at the City Council meeting to provide details on the project. The WFEDC's October 2023 Financial Report shows the corporation has approximately $11 .0M in available funds to facilitate this project. The WFEDC Board and City staff recommends approval of this resolution. PAGE 1 OF 3 PAGES AGENDA ITEM NO. 8.0 ® 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/4A) by amending the budget to include an up to $75,000 performance agreement with Magic Aire, Inc. to assist in site improvements at the existing 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 October 19, 2023, 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 programs and expenditures as described below and in said corporation's agenda, are approved: Magic Aire 2023 Project: • A total of up to $75,000 performance agreement with Magic Aire, Inc. to assist in site improvements at the existing facility in Wichita Falls 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 7th day of November, 2023. MAYOR ATTEST: City Clerk PAGE 3 OF 3 PAGES AGENDA ITEM NO. 8.0 CITY COUNCIL AGENDA November 7, 2023 ITEM/SUBJECT: Resolution approving the programs and expenditures of the Wichita Falls Economic Development Corporation (WFEDC/4A) by amending the budget and the existing performance agreement with Panda Biotech for an additional amount not to exceed $200,000 related to the company's operation out of their existing facility on I- 44. INITIATING DEPT: City Manager's Office STRATEGIC GOAL: Accelerate Economic Growth STRATEGIC OBJECTIVE: Aggressively Pursue High-Value Businesses COMMENTARY: Timeline • June 18, 2020 — WFEDC Board approves original $2.8M budget amendment and incentive agreement; • July 7, 2020 — City Council ratifies budget amendment; • January 26, 2021 —At the request of Panda Biotech, WFEDC Board considers and approves further modifications to incentive agreement; • February 2, 2021 — City Council to approves modified agreement. • February 8, 2021 - $1 .0M loan provided to Panda Biotech from WFEDC. • July 2021 — Panda Biotech purchases former Delphi facility on 1-44. • July 15, 2021 — At the request of Panda Biotech, WFEDC Board considers and approves an extension until December 31 , 2021 for the repayment by Panda to the WFEDC of the previously approved and distributed $1 .0M loan. • August 3, 2021 — City Council approves extension to 12/31/2021 . • November 18, 2021 —At the request of Panda Biotech, WFEDC Board considers and approves an extension for the repayment by Panda to the WFEDC of the previously approved and distributed $1 .0M loan. • December 15, 2022 - At the request of Panda Biotech, WFEDC Board considers and approves an extension until December 2023 for the repayment by Panda to the WFEDC of the previously approved and distributed $1 .0M loan. • October 19, 2023 — WFEDC Board considers and approves an amended and restated agreement with company, in an amount not to exceed $3.0M. • November 7, 2023 — City Council to consider approving budget amendment reflective of a $200,000 increase to facilitate the newly restated agreement. Summary The existing performance agreement approved by the WFEDC and City Council in 2020, PAGE 1 OF 3 PAGES AGENDA ITEM NO. 8.D along with subsequently approved amendments/extensions, represents an up to $2.8M commitment as follows: • $1 .0M loan, subject to paying the loan back to the WFEDC upon either (1) receipt by Panda of the proceeds of their requested Texas Economic Development Bonds, or (2) December 2023, whichever comes first; and • A total incentive for job creation and employee relocation of$1 ,650,000, subject to (1) execution of a payment in lieu of taxes agreement (PILOT) with the City, and (2) payback to the City of the $1 .0M loan; and • An up to $150,000 reimbursement for rail spur improvements. Collateral for the $1 .0M WFEDC loan is in place and includes Panda-owned equipment purchased for use at the Wichita Falls facility. Panda is current on the repayment back to the WFEDC of the $1 .0M loan, and should have such completed by the December 2023 deadline. Other than the mentioned loan, none of the other performance incentives have been paid to the company, nor have thresholds been met by company to realize such. The crux of the proposed amended agreement is to: • Increase the amount reimbursed to the company for the rail spur improvements by $200,000 from $150,000 to $350,000, • Add the $1 .0M that was previously committed to the loan to the existing incentive for job creation and employee relocation for a total amount not to exceed $2.65M, • Extend the deadline to realize the job creation incentives until August 6, 2026, and • Company dedicates to the WFEDC a rail spur easement to aid in the potential development of adjacent properties. Additionally, the PILOT requirement in advance of any job creation incentives remains. As such, the total amount of the performance incentives increases by $200,000 from $2.8M to $3.0M. The WFEDC Board considered and approved this item at its meeting October 19, 2023. Economic Development staff from the Chamber of Commerce, as well as representatives from Panda Biotech, 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.D Resolution No. Resolution approving the programs and expenditures of the Wichita Falls Economic Development Corporation (WFEDC/4A) by amending the budget and the existing performance agreement with Panda Biotech for an additional amount not to exceed $200,000 related to the company's operation out of their existing facility 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 October 19, 2023, 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 programs and expenditures as described below and in said corporation's agenda, are approved: Panda Biotech Project: • Amendment to the budget for an additional amount not to exceed $200,000 and extending the existing performance agreement with Panda Biotech until August 6, 2026, all related to the company's operation out of their existing facility on 1-44. PASSED AND APPROVED this the 7th day of November, 2023. MAYOR ATTEST: City Clerk PAGE 3 OF 3 PAGES AGENDA ITEM NO. 8.D