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AGD 06/04/2024 City of Wichita Falls City Council Agenda Tim Short, Mayor e, ;`> Bobby Whiteley, Mayor Pro Tem/At Large Michael Smith, District 1 Larry Nelson, District 2 Jeff Browning, District 3\TAl rA a IJc4 Q Mike Battaglino, District 4 7,77 �,r TEXAS Tom Taylor, District 5 "�� S/ueSktes 4o/der�Oyportumities: �r' 7.4.01 Darron Leiker, City Manager �AA,LL 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 At The MPEC, 1000 Fifth Street, Seminar Room, Tuesday, June 4, 2024, 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 Spectrum/Time Warner Cable Channel 1300 2. A livestream will be shown on the City's Facebook page (City of Wichita Falls, Texas Government) (https://www.facebook.com/citvofwichitafalls) 3. A video of the meeting will be posted on the City's YouTube page (https://www.voutube.com/citvofwf) Item # 1 . Call to Order 2. (a) Invocation: Minister Ken Holsberry 10th & Broad Church of Christ (b) Pledge of Allegiance 3. Presentations (a) Employee of the Month — Jhon Reynolds, MPEC/CVB 4. 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. CONSENT AGENDA 5. Approval of minutes of the May 21 , 2024 Regular Meeting of the Mayor and City Council. 6. Resolutions (a) Resolution authorizing the purchase of a 6105E John Deere tractor with a John Deere FC15R Flex Wing mower for the Parks Maintenance Division through the BuyBoard Purchasing Cooperative from Deere & Company in the amount of $111,120.24 (b) Resolution reducing the rental fee of the Mobile Stage for the Founders Lions Club for the T-O Fair on September 17-21 , 2024 7. Receive Minutes (a) Wichita Falls Park Board, January, 25, 2024 (b) Lake Wichita Revitalization Committee, April 9, 2024 (c) Wichita Falls Park Board, April 24, 2024 REGULAR AGENDA 8. Public Hearings & Ordinances (a) Conduct a public hearing and take action on an ordinance to move Chapter 26 - Business Regulations, Article VI — Food Establishment Rules to Chapter 58 — Health, Article VI; amending in its entirety; and providing for codification i. Public Hearing ii. Take Action (b) Ordinance amending Ordinance No. 52-2023, the fee schedule Section 6. Health, 6b. Environmental; providing for severability; providing that such ordinance shall not be codified; and providing an effective date (c) Ordinance making an appropriation to the Special Revenue Fund for the Public Health Education Account in an amount up to $3,000 received from Superior Health Plan to support the Healthy Cooking Classes Initiative, and authorizing the City Manager to execute contract accepting same (d) Conduct a public hearing and take action on an ordinance amending the Vitek Planned Unit Development District regulations to add "services" as a permitted use CITY COUNCIL AGENDA PAGE 2 OF 5 to the Planned Unit Development District; determining that the meeting at which this ordinance was passed was open to the public as required by law i. Public Hearing ii. Take Action (e) Ordinance appropriating $13,977.62 to the Special Revenue Fund for additional direct award grant revenue from the State of Texas for the Texas Department of Transportation Selective Traffic Enforcement Program ("Operation SlowDown") Wave Grant for Fiscal Year 2024 and authorizing the City Manager to accept said funds (f) Ordinance applying for and accepting up to $4,128,000 from the Federal Highway Administration through the Active Transportation Infrastructure Investment Program for the section of Circle Trail along Lake Wichita 9. Public Hearings & Resolutions (a) Conduct a public hearing to receive citizen comments and take action on a resolution for the proposed 2024-2028 Five Year Public Housing Agency (PHA) Plan and the first year of Annual Action Plan i. Public Hearing ii. Take Action (b) Resolution authorizing the City Manager to execute all documents necessary to purchase the Falcon Complete Endpoint Detection and Response solution from CDW Government LLC in the amount of $196,822 (c) Resolution authorizing the City Manager to award contract for the 2024 Sanitation Dumpster Maintenance to Gloria Villarreal Welding (d) Resolution authorizing award of bid for the City's estimated annual requirement of Ready-Mix Concrete and Flowable Fill to Falls Concrete, LLC (e) Resolution requesting permission to declare excess property and advertise for sale the City-owned property located at 3601 Armstrong Drive, more specifically described as a 0.344-acre tract of land out of William Anglin Survey, A-2, Wichita County, Texas; as required by Section 272.001 of the Texas Local Government Code (f) Resolution authorizing the City Manager to enter into an agreement with Rock Island Construction for Design-Build Services related to the Kickapoo Downtown Airport Hangar Project and authorizing the payment of up to $67,840 in Preconstruction and Design Fees CITY COUNCIL AGENDA PAGE 3 OF 5 (g) Resolution authorizing the City Manager to execute a Professional Services Agreement with Kimley Horn for traffic engineering services in an estimated amount of $187,000.00 (h) Resolution authorizing the purchase of a Ford Transit Cargo Van for the Wichita Falls Public Library through the BuyBoard Purchasing Cooperative from Caldwell Country Ford, LLC dba Rockdale Country Ford in the amount of $58,500.00 (i) Resolution of the City Council of the City of Wichita Falls, Texas, appointing/reappointing directors to the Wichita County/City of Wichita Falls, Texas, Hospital Board; and designating term of office 10.Other Council Matters (a) Staff Reports: i. Update on Drought Restrictions — Russell Schreiber (b) Announcements concerning items of community interest from members of the City Council. No action will be taken or discussed. 11 .Executive Sessions (a) Executive Session in accordance with Texas Government Code Section 551 .071(2), consultation with City Attorney regarding a matter(s) in which the duty of the City Attorney under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas conflicts with the Open Meetings Act regarding: i. Receive legal advice regarding Texas Local Government Code Chapter 143 and 174. (b) Executive Session in accordance with Texas Government Code §551 .071(1), consultation with attorney on matter involving pending or contemplated litigation or other matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Texas Open Meetings Act. (c) Executive session in accordance with Texas Government Code §551 .074 to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, dismissal of a public officer or employee (including, but not limited to, appointments to the Wichita County-City of Wichita Falls Hospital Board). 12.Adjourn CITY COUNCIL AGENDA PAGE 4 OF 5 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 the Wichita Falls Public Library, Wichita Falls, Texas on the 29th day of May, 2024 at 4:30 o'clock p.m. City Clerk r CITY COUNCIL AGENDA PAGE 5 OF 5 CITY COUNCIL AGENDA June 4, 2024 ITEM/SUBJECT: Employee of the month. INITIATING DEPT: MPEC/CVB NAME: Jhon Reynolds DEPARTMENT: MPEC/CVB HIRE DATE: 10/1/2021 PRESENT POSITION: MPEC Facilities and Operations Manager COMMENTARY: Presentation of the Employee of the Month Award (plaque, letter of appreciation, gift card for dinner at a local restaurant, and a check for $200). ® 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 1);IC May 21 , 2024 , qr � T E XA5 0` ' V 4 Rime, 4e/den,opvartwr;es: Item 1 - Call to Order The City Council of the City of Wichita Falls, Texas, met in a regular session at 8:30 a.m. on the above date in the Seminar Room at the MPEC with the following members present. Tim Short - Mayor Bobby Whiteley - Mayor Pro Tem/At-Large Mike Battaglino - Councilors Jeff Browning - Larry Nelson - Michael Smith - Tom Taylor - Darron Leiker - City Manager Kinley Hegglund - City Attorney Marie Balthrop - City Clerk Mayor Short called the meeting to order at 8:30 a.m. Item 2a — Invocation Pastor Lance Bourgeois, Grace Church, gave the invocation. Item 2b — Pledge of Allegiance Mayor Short led the Pledge of Allegiance. Item 3a — Presentations—Wichita Falls Citizen's Academy Graduation 8:32 a.m. PAGE 1 of 10 AGENDA ITEM NO.5. Mayor Short recognized members of the Citizen's Academy, and Chris Horgen, Public Information Officer, presented them with a City coin. Mr. Leiker moved to Item 5. Item 5-7 — Consent Items 8:36 a.m. Darron Leiker, City Manager, gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Taylor to approve the consent agenda. The motion was seconded by Councilor Browning and carried by the following vote: Ayes: Mayor Short, Councilors Battaglino, Browning, Nelson, Smith, Taylor, and Whiteley. Nays: None Item 5 —Approval of Minutes of the May 7, 2024, Regular Meeting of the Mayor and City Council Item 6 — Resolution 49-2024 Resolution authorizing an additional $3,370.05 funding for the purchase of Eleven (11) 911 Define Console Systems through the H-GAC (Houston-Galveston Area Council) Cooperative Purchasing Program from Russ Bassett Corporation in the amount of $296,301.96 Item 7 — Receive Minutes (a) MPO Transportation Policy Committee, January 24, 2024 (b) Wichita Falls-Wichita County Public Health Board, March 8, 2024 (c) Planning & Zoning Commission, April 17, 2024 Mr. Leiker returned to item 4. CITY COUNCIL MINUTES May 21, 2024 PAGE 2 OF 10 PAGE 2 of 10 AGENDA ITEM NO.5. Item 4 — Comments from Citizens 8:38 a.m. David Coleman, 3719 Cedar Elm Lane, discussed the Ride to Remember, which will be held on May 29th at 6:00 p.m. beginning at Hamilton Park to commemorate and remember Charlie and Lisa McBride. Item 8a — Ordinance 15-2024 8:39 a.m. Ordinance appointing Mary Brasher as a Substitute Judge of the Municipal Court for a term of two years. Moved by Councilor Browning to approve Ordinance 15-2024. The motion was seconded by Councilor Smith and carried by the following vote: Ayes: Mayor Short, Councilors Battaglino, Browning, Nelson, Smith, Taylor, and Whiteley. Nays: None Item 8b — Ordinance 16-2024 8:41 a.m. Ordinance reappointing Dan Tompkins as a Substitute Judge of the Municipal Court for a term of two years. Moved by Councilor Browning to approve Ordinance 16-2024. The motion was seconded by Councilor Nelson and carried by the following vote: Ayes: Mayor Short, Councilors Battaglino, Browning, Nelson, Smith, Taylor, and Whiteley Nays: None Item 8c — Ordinance 17-2024 CITY COUNCIL MINUTES May 21, 2024 PAGE 3 OF 10 PAGE 3 of 10 AGENDA ITEM NO.5. 8:42 a.m. Ordinance appropriating $3,000 of funding received from the Texas Opioid Abatement Settlement Funding to provide funding in assistance to Action Against Opioids for the purchase of a Naloxone Vending Machine. Moved by Councilor Browning to approve Ordinance 17-2024. The motion was seconded by Councilor Taylor. Dr. Sandra Vergara, D.D.S., with Action Against Opioids, addressed the Council and discussed national and local data regarding drug-involved overdoses resulting in death and the increase in deaths from fentanyl overdoses. She discussed the placement of Naloxone vending machines in the community to provide two free doses of Naloxone. State funds will pay for refilling the vending machine. The motion carried by the following vote: Ayes: Mayor Short, Councilors Battaglino, Browning, Nelson, Smith, Taylor, and Whiteley. Nays: None Item 9a — Resolution 50-2024 8:57 a.m. Resolution authorizing the overhaul of a Landfill compactor to Warren Power and Machinery, LP (Warren Cat) in an amount of $760,173.05. Moved by Councilor Nelson to approve Resolution 50-2024. The motion was seconded by Councilor Browning and carried by the following vote: Ayes: Mayor Short, Councilors Battaglino, Browning, Nelson, Smith, Taylor, and Whiteley. Nays: None Item 9b — Resolution 51-2024 9:07 a.m. CITY COUNCIL MINUTES May 21, 2024 PAGE 4 OF 10 PAGE 4 of 10 AGENDA ITEM NO.5. A resolution replacing Resolution 112-89 related to requests for City services Outside the City Limits. Moved by Councilor Nelson to approve Resolution 51-2024. The motion was seconded by Councilor Browning and carried by the following vote: Ayes: Mayor Short, Councilors Battaglino, Browning, Nelson, Smith, Taylor, and Whiteley. Nays: None Item 9c — Resolution 52-2024 9:16 a.m. Resolution authorizing the City Manager to execute all documents necessary to purchase a replacement Air Conditioning unit for the Network and Server room at the Public Safety Training Center from Trinity Air Conditioning, Inc. in the amount of $75,880. Moved by Councilor Nelson to approve Resolution 52-2024. The motion was seconded by Councilor Smith and carried by the following vote: Ayes: Mayor Short, Councilors Battaglino, Browning, Nelson, Smith, Taylor, and Whiteley. Nays: None Item 9d — Resolution 53-2024 9:18 a.m. Resolution authorizing the City Manager to award a contract for replacing the roof on the Wichita Falls Public Library to Lydick-Hooks Roofing Co. of Wichita Falls, Inc. in the amount of $485,530. Moved by Councilor Browning to approve Ordinance 53-2024. The motion was seconded by Councilor Smith and carried by the following vote: Ayes: Mayor Short, Councilors Battaglino, Browning, Nelson, Smith, Taylor, and Whiteley Nays: None CITY COUNCIL MINUTES May 21, 2024 PAGE 5 OF 10 PAGE 5 of 10 AGENDA ITEM NO.5. Item 9e — Resolution 54-2024 9:21 a.m. Resolution authorizing the City Manager to execute all documents necessary to enter into contract with Duke Holding Company, Inc. in the amount of $170,928 to construct the Multi-use Courts at Bridwell Park. Moved by Councilor Browning to approve Resolution 54-2024. The motion was seconded by Councilor Nelson and carried by the following vote: Ayes: Mayor Short, Councilors Battaglino, Browning, Nelson, Smith, Taylor, and Whiteley. Nays: None Russell Schreiber, Director of Public Works, introduced Tyson Traw, the new Deputy Director of Public Works. Item 10a — Staff report —Animal Ordinance & Spay/Neuter Education Campaign, Amy Fagan 9:29 a.m. Amy Fagan, Director of Health, discussed the current Animal Ordinance and the spay/neuter (It's Hip to Snip) education campaigns. She discussed how Animal Services is promoting its three core goals to protect, promote, and prevent, and provided three educational rack cards to the Council. The education campaign includes multiple videos and a QR code and has helped to increase adoptions and reduce the euthanasia rate in Wichita Falls. She discussed weekly animal intake and outcome rates which are posted on the website. They will be completing a public survey and increasing their work with community partners, and Mrs. Fagan thanked the Council, staff, and community partners who are assisting with these education campaigns. Item 10b -Wichita Falls Professional Fire Fighters Association, discussion about possible new positions (City Council requested item) 9:39 a.m. CITY COUNCIL MINUTES May 21, 2024 PAGE 6 OF 10 PAGE 6 of 10 AGENDA ITEM NO.5. Al Vitolo, President of the Wichita Falls Professional Firefighters Association, addressed the Council and thanked them for putting this item on the agenda. Mr. Vitolo discussed the need for the creation of a Deputy Fire Marshall position, the many duties of the Fire Marshall division, and how this position creates a succession plan for the division. He discussed the Emergency Medical Coordinator position, how it was recently vacated, the vacuum left within the training division, and how that created an emergent need to fill the position within the department. Both positions have been filled by current suppression employees, whose positions must be covered to maintain minimum staffing requirements. They would like both of these positions to be funded and to keep the current individuals in these positions. He asked to increase the suppression staff to meet the minimum national standards of four firefighters per unit, discussed NFPA 1710 and the two-in-two- out rule, and how the department struggles with this under current staffing levels. He asked for funding for 9 new firefighters in the new budget regardless of the outcome of the SAFER grant recently applied for. The additional staffing will reduce overtime costs, which will help fund the positions and allow the department to provide the higher level of care needed on calls. Both Chief Hughes and Chief Melton agree with the need to increase staffing, and the increase is warranted due to the increased call volume. Item 10c -Wichita Falls Police Officers Association, discussion about retention and recruitment, pay structure. (City Council requested item.) 9:55 a.m. Steve Ginger, President of the Wichita Falls Police Officers Association, stated that his presentation at the last council meeting addressed their concerns regarding retention, recruitment, and pay structure. A report was provided via email to the City Council, and Officer Ginger asked for any questions. There was a brief discussion regarding lateral transfers, the ability to rehire retirees on a part-time basis, and the ability to run multiple civil services lists at one time. Officer Ginger discussed starting and top out pay rates and how our rates compare with other cities. He stated that the department is having difficulty getting individuals to apply for the academy and discussed issues with recruitment due to competitive pay and benefits in other departments. Officer Ginger discussed the workload, staffing, and how citizens are getting frustrated with the timeliness of cases being handled due to the lack of adequate staff. He expressed his appreciation to the City Council and staff for their responsiveness and openness. Council expressed the need to spend additional time addressing public safety during the budget process. Item 10d — Staff Report — Preliminary Budget Outlook, Stephen Calvert 10:11 a.m. CITY COUNCIL MINUTES May 21, 2024 PAGE 7 OF 10 PAGE 7 of 10 AGENDA ITEM NO.5. Stephen Calvert, CFO/Director of Finance, provided a brief overview of the preliminary budget and the budget calendar and discussed the recent City Manager budget hearings, during which each budget line item was reviewed. Mr. Calvert discussed the complicated legislation regarding setting the property tax rate, the current tax rate, preliminary property values, the preliminary no-new revenue rate, and the voter approval tax rate. The voter approval tax rate is estimated at 0.688600, and any rate above this would require voter approval at an election. Mr. Calvert discussed the different tax rate options and noted that each cent generates approximately $373,000 in revenue. If the Council desires to raise the rate above the voter approval rate, they would need to accelerate the budget calendar in order to have the tax rate election on the November ballot. Mr. Calvert discussed the reduction in sales tax revenue and his recommendation to keep those budget levels flat, and discussed the impact of labor rate adjustments across each class of employees. Christi Klyn, Director of Human Resources, discussed historical changes in compensation, beginning with the comprehensive study completed in 2020 and historical data for the Employment Cost Index (ECI). She discussed the four pay plans, step, merit, and cost of living increases, and historical increases since 2018. Changes recommended in the MAG study were made in 2022, and new pay plans were implemented, which included some adjustments to minimum pay. Mrs. Klyn discussed improvements in the number of vacancies, which she believes is tied to increased pay, which has helped with recruitment and retention for some departments. Mr. Calvert addressed other budget considerations, such as capital expenditures and street improvements, and stated that although inflation is lower than it was, it is still a consideration in the budget. He discussed the above current budget requests that were submitted, which total $2.4 million, with $1.8 million being in the general fund. He reiterated the budget and tax rate adoption timeline and thanked the Council for their time. Item 10e -Announcements concerning items of community interest from members of the City Council. No action will be taken or discussed. 10:31 a.m. Councilor Taylor thanked everyone, stated it was a good, informative meeting, and congratulated the Citizens Academy graduates. He discussed the weather changes, grass growing, and the need to continue to take pride in your property and make the city attractive. He encouraged citizens to use the Access City Hall/Comcate system to voice any concerns. He discussed a news story regarding public safety in upstate New York, how they have improved the quality of safety, and that it takes funding to make improvements. He asked Mr. Burrus about the location of upcoming bus enclosures. Councilor Whiteley discussed concerns with high grass, and stated that we are understaffed in the Parks Department and there has been substantial rain. He thanked CITY COUNCIL MINUTES May 21, 2024 PAGE 8 OF 10 PAGE 8 of 10 AGENDA ITEM NO.5. Mary Brasher and Dan Tompkins for stepping up to serve as substitute judges. Both came highly recommended by Judge Dockery. He thanked Tyson Traw, Deputy Public Works Director, and congratulated him. He commended the Fire and Police Associations for their presentations and discussed the importance of safety for our community and the ability to recruit and retain employees. Other cities are determining our pay scale since we have to stay competitive. He noted the changes the Police Department has made regarding recruitment and retention and they have helped some, but we need to think outside the box to address public safety issues. Councilor Browning agreed with Councilor Whiteley and congratulated all of the graduates. It will be a busy weekend in town with all of the graduations and the holiday. Councilor Smith stated that grass higher than nine inches needs to be mowed. He noted that the next Council meeting will be held on National Hug Your Cat Day. Councilor Battaglino congratulated the Citizens Academy graduates and asked that we keep the family of Captain John Robertson in our thoughts as he lost his life in a recent training accident. He asked citizens to participate in the park's master plan survey available on the website. This weekend will be busy, and he discussed a joint ceremony with the East Project and American Legion Post 169 that will be held at East Lawn cemetery on May 25th at noon. Chapter 41 of the DAV will have a ceremony Monday at 8:00 a.m. at the Wichita County Cemetery, and that evening at Crestview Memorial Cemetery at 6:30 p.m. the Thomas Fowler American Legion Post 169 will recognize Thomas Fowler, local Medal of Honor recipient. Soldiers Wish is coming to Wichita Falls to help with the unmet needs of veterans and active-duty soldiers in our community. Congratulations to Russell Schreiber on the progression with the Lake Ringgold, and he stated he hopes to create a committee this year. He congratulated Moriah Williams for being recognized as one of the top 50 economic developers in the nation. Councilor Nelson discussed his awareness program and his work on the preconstruction checklist, the length of the permit process, and backflow filters. He thanked the two Citizen Academy graduates who stayed for the entire meeting. Mayor Short congratulated Russell Schreiber and thanked him for his work. He also congratulated the graduates of the Citizens Academy and thanked Dr. Vergara for all that she does to battle opioids. He stated that his mom passed away on May 9th at Hospice and he thanked everyone who reached out to him for their prayers and kindness. Item 11 — Executive Sessions No executive session was held. CITY COUNCIL MINUTES May 21, 2024 PAGE 9 OF 10 PAGE 9 of 10 AGENDA ITEM NO.5. Item 12 —Adjourn Mayor Short adjourned the meeting at 10:45 a.m. PASSED AND APPROVED this 4th day of June 2024. Tim Short, Mayor ATTEST: Marie Balthrop, TRMC, MMC City Clerk CITY COUNCIL MINUTES May 21, 2024 PAGE 10 OF 10 PAGE 10 of 10 AGENDA ITEM NO.5. CITY COUNCIL AGENDA June 4, 2024 ITEM/SUBJECT: Resolution authorizing the purchase of a 6105E John Deere tractor with a John Deere FC15R Flex Wing mower for the Parks Maintenance Division through the BuyBoard Purchasing Cooperative from Deere & Company in the amount of $111,120.24. INITIATING DEPT: Aviation, Traffic, & Transportation STRATEGIC GOAL: Efficiently Deliver City Services STRATEGIC OBJECTIVE: Practice Effective Government COMMENTARY: The FY 2024 budget included the purchase of a 16 ft. mower for the Parks Maintenance Division. However, discussions with Parks Maintenance indicates that they would prefer a conventional tractor/mower. This unit will be used for highway and open area mowing. The completed unit will include a John Deere 6105E cab tractor with a FC15R flex wing rotary cutter mower. These units will be built to Parks Maintenance specifications. Texas Local Government Local Government Code §252.022 exempts items purchased through interlocal cooperative purchasing contracts from the State's competitive bidding requirements. This chapter does not apply to expenditure for. . . (12) personal property sold. . . under an interlocal contract for cooperative purchasing administered by a regional planning commission established under Chapter 391. Staff recommends the purchase of one (1) John Deere 6105E tractor with a John Deere FC15R Flex Wing mower through the BuyBoard Purchasing Cooperative from Quality Deere & Company in the amount of $111,120.24. Budgeted Cost: $150,000.00 Actual Cost: $111,120.24 Budget Balance: $38,879.76 ® Director of Aviation, Traffic & Transportation ® Purchasing ASSOCIATED INFORMATION: Resolution ; BuyBoard documentation ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 1 OF 8 PAGES AGENDA ITEM NO.6.A JOHN DEERE ALL PURCHASE ORDERS MUST BE MADE OUT ALL PURCHASE ORDERS MUST BE SENT TO(VENDOR): TO DELIVERING DEALER: Deere&Company United Ag&Turf 2000 John Deere Run 2112 S Red River Expressway Cary,NC 27513 Burkbumett, TX 76354 FED ID'30-2382580 940-569-1483 t1ElD:FNSVVEIJARMK53 burkburnettjd@unitedsgt.com Quote Summary Prepared For. Delivering Dealer: Donald Mcewen United Ag&Turf CITY OF WICHITA FALLS Gareth Britt Donald Mcewerl 2112 S Red River Expressway PO BOX 1431 Burkbumett,TX 76354 WICHITA FALLS,TX 76307 Phone! 940-569-1483 DONALD.WCEWENJW ICH ITAFALLSTX_GOV garethbritt@uniledagt.com Quote ID: 30965157 Created On: 15 May 2024 Last ModMed On: 15 May 2024 Expiration Date: 17 June 2024 Equipment Summary Selling Price Qty Extended 2023 JOHN DEERE 6105E Cab $80,802,26 X 1 = $80,802.26 Tractor(87 PTO hp)- 1 P06105E1-1P6251543 Contract: TX BuyBoard Grounds Mtnc Equip,Irrigation 706-23(PG 67 CG 70) Price Effective Date: 2024 JOHN DEERE FC15R Hex $30,317.98 X 1 = $30,317,98 Wing Rotary Cutter- 1POFC3REPRCOO2756 Contract: TX BuyBoard Grounds Minc Equip.lrngation 706-23(PG 67 CG 70) Price Effective Date: Equipment Total 5 111,120.24 Includes Fees and Non-contract items Quote Summary Equipment Total $111,120.24 Trade In SubTotal $111,120.24 Est,Service $00.00 Agreement Tax Total $111,120.24 Down Payment (0.00) Rental Applied (0.00) Salesperson:X Accepted EN.:X Confidential PAGE 2 OF 8 PAGES AGENDA ITEM NO.6.A 0 JOHN DEERE ALL PURCHASE ORDERS MUST BE MADE OUT ALL PURCHASE ORDERS MUST BE SENT TO(VENDOR): TO DELIVERING DEALER: Deere&Company United Ag&Turf 2000 John Deere Run 2112 S Red River Expressway Cary,NC 27513 Burkbumetl,TX 76354 FED ID:36-2382580 940-569-1463 UEID:FNSWEDARMK53 burkburnettjd@uniledagt.com Balance Due S 111,120.24 Saisaparson:X_ Accepted By:X Confidential PAGE 3 OF 8 PAGES AGENDA ITEM NO.6.A JOHN DEERE Selling Equipment Quote Id: 30965157 Customer Name: CITY OF WICHITA FALLS ALL PURCHASE ORDERS MUST BE MADE OUT ALL PURCHASE ORDERS MUST BE SENT TO(VENDOR): TO DELNERING DEALER: Deere&Company United Ag&Turf 2000 John Deere Run 2112 S Red River Expressway Cary,NC 27513 Burkburnett,TX 76354 FED ID:36-2382580 940-569-1483 UEID:FNSWEDARMK53 burkburneftjdfaunitedagt.com 2023 JOHN DEERE 6105E Cab Tractor(87 PTO hp) -1 P06105EHP6251543 Hours: 1 Stock Number: 4272892 Contract:TX BuyBoard Grounds Mtnc Equip, Irrigation Selling Price" 706-23(PG 67 CG 70) $80,802.26 Price Effective Date: Price per item-includes Pees and Non-contract items Code Description Oty List Price Discount% Discount Contract Extended Amount Price Contract Price 332FP JOHN DEERE"I"6105E 1 $99,486.00 23,00 $22,881.78 $76,604.22 $76,604.22 TRACTOR CAB- ROADSIDE MOWING 18213 ISOBUSIGREENSTAR 1 $0.00 23.00 $0.00 $0.00 $6.00 READY 183E JDLINK HARDWARE ONLY 1 $600.00 23.00 $138.00 $462.00 S 462.00 185A LESS SUBSCRIPTION 1 $0.00 23.00 $0.00 $0.00 $0.00 0202 USA MARKET 1 $0.00 23.00 $0.00 $0.000 $0 00 0409 ENGLISH OPERATORS 1 $0.00 23.00 $0.00 $0.00 $0 OD MANUAL 0500 NO PACKAGE 1 $0.00 23.00 $0.00 $0,00 $0.00 1385 24F/12R PR TRANS EH 1 $1,675.00 23.00 $385.25 $ 1,289.75 $1,289.75 PTO 40K 1950 LESS APPLICATION 1 $0.00 23.00 $0.00 $0.00 $0.00 2050 STANDARD CAB 1 $0.00 23.00 $0.00 $0 00 $0.00 2130 AIR SUSPENSION SEAT 1 $1,190.00 23.00 $273.70 $916.30 $916.30 3340 TRIPLE SCV DELUXE 1 $512,00 23.00 S 117.76 $394.24 $394.24 4020 HEAVY DUTY HITCH 1 $512.00 23.00 $117.76 $394.24 $394,24 4120 TELESCOPIC DRAFT 1 $0.00 23.00 $0.00 $0.00 $0.00 LINKS 4320 HEAVY DUTY DRAWBAR 1 $332.00 23.00 $76.36 $255.64 $255.64 4421 SWAY BARS 1 $0.00 23,00 $0.00 $0.00 $0.00 5212 460185R34 IN.8PR R1W 1 $0.00 23.00 $0.00 $0.00 $0.00 RADIA 6045 MFWD(4WD)FRONT 1 $0.00 23.00 $0.00 $0.00 $0.00 AXLE Eli Confidential PAGE 4 OF 8 PAGES AGENDA ITEM NO.6.A - +. JOHN DEERE Selling Equipment Quote Id:30965157 Customer Name: CITY OF WICHI-A FALLS ALL PURCHASE ORDERS MUST HE MADE OUT ALL PURCHASE ORDERS MUST BE SENT TO(VENDOR); TO DELIVERING DEALER: Deere&Company United Ag&Turf 2000 John Deere Run 2112 S Red River Expressway Cary,NC 27513 8urkburnett,TX 76354 FED ID:36-2382580 940-569-1483 UEID:FNSWEDARMK53 burkbumettjd@unitedagt.com 6210 340185R24 IN.8PR R1W 1 $0.00 23.00 $0.00 $0.00 $0.00 RADMA 7700 SHIPPING PREP FOR 1 $0,00 23.00 $0,00 $0.00 $0.00 TRUCK 8726 BEACON LIGHT 1 $304.00 23.00 $69,92 $234.08 $234,08 8995 FRONT WEIGHT 1 $327.00 23.00 $75.21 $251.79 $251.79 SUPPORT Standard Options Total $5,452.00 5 1,253.96 $4.198.04 $4.198.04 „ .. 1880 LESS RECEIVER $0.00 23.00 S 0.000 a C.00 $0.00 1900 LESS DISPLAY I $0.00 23.00 $0.00 s.•C..00 $0.00 Technology Options Total $0.00 $0.00 $0.00 5 0.00 - Value Added Services $0.00 $0.00 $0.00 Total Total Selling Price $ $24,135.74 $80,802.26 $80,802.26 104.938.00 2024 JOHN DEERE. FC15R Flex Wing Rotary Cutter-1POFC3REPRC002756 'Equipment Notes: Hours: 0 Stock Number: 4325589 Selling Price" Contract:TX BuyBoard Grounds Nitric Equip, Irrigation $ 30,317.98 706-23 (PG 67 CG 70) Price Effective Date: Price per item-includes Fees and Non-contract items Code Description Oty List Price Discount% Discount Contract Extended Amount Price Contract Price 22FC1P JOHN DEERE FC15R RC 1 S 37.452.00 23.00 $8,613.96 $28,833.04 5 26.838.04 540 TS BALL IN 6 FF rs'�.toc�'iX; r� y:.G::- '..r,M„'?t..: h:,�•. . : f.�:,-2' ... ;�^ i, ...: i. dy.': ,1, ..:.. 0202 DESTINATION UNITED 1 S 0 00 23.00 $0.00 $0.00 $0.00 STATES 1210 TORSIONAL SUSPENSION 1 $1,417 007 23.00 $325.91 $1,091-09 $1,091.09 2541 INWARD BLADE 1 $0.00 23.00 $0.00 $0.00 $0.00 ROTATION 3035 FOAM FILLED TIRES(6) 1 $::CE5.0) 23.00 $116.15 $388.65 $388.85 Confidential PAGE 5 OF 8 PAGES AGENDA ITEM NO.6.A 0 JOHN DEERE Selling Equipment Quote Id:30965157 Customer Name: CITY OF WICHITA FALLS ALL PURCHASE ORDERS MUM'BE MADE OUT ALL PURCHASE ORDERS MUST BE SENT TO(VENDOR): TO DELIVERING DEALER: Deere&Company United Ag&Turf 2000 John Deere Run 2112 S Red River Expressway Cary,NC 27513 Burkburnett,TX 76354 FED ID:36-2362580 940-569-1483 UFID:FNSWEDARM'K53 burkburnettjd@unitedagt.cam 3511 540 RPM PTO DRIVELINE 1 $0.00 23,00 $0.00 $0.00 $0.00 CATS 3603 R15 540RPM 1251-IP 1 $0.00 23.00 $0.00 $0.00 $0.00 INWARD ROTA 5120 BALL TYPE HITCH 1 $0.00 23.00 $0.00 $0.00 $0 00 5280 RIG10 TONGUE 1 $0.00 23.00 $0.00 $0.00 $0.00 Standard Options Total '$1,922.00 $442.06 $1,479.94 $1,479.94 Total Selling Price. $39,374.00 $9,056,02 $30,317.98 $30,317.98 Confidential PAGE 6 OF 8 PAGES AGENDA ITEM NO.6.A 1, - ) f,, i k : -r,_ wit-'7. i- . -.-tak, l'i h ,i 1 r0:1 s — ,..--. ,--• ,,,,f-is,,,,, , ? 1 ,.. . I, ,, , 1,,i,.,, .1.,., . i 0, ...,,,,, . ,, ,,f , 34,,_ • 144. ,jY1 ,, �� -, , of 1 �✓. .. '0' PAGE 7 OF 8 PAGES AGENDA ITEM NO.6.A Resolution No. Resolution authorizing the purchase of a 6105E John Deere tractor with a John Deere Flex Wing FC15R mower for the Parks Maintenance Division through the BuyBoard Purchasing Cooperative from Deere & Company in the amount of$111,120.24 WHEREAS, Texas Local Government Local Government Code §252.022 exempts items purchased through interlocal cooperative purchasing contracts from the State's competitive bidding requirements; and WHEREAS, the City Council of the City of Wichita Falls has passed a resolution approving the participation in such cooperative agreements; and WHEREAS, the City Council finds that Deere & Company is offering a 6105E John Deere tractor with a John Deere FC15R rotary cutter mower through the BuyBoard Purchasing Cooperative, and it is in the best interest to purchase equipment in accordance with the Cooperative Purchasing Programs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: City Staff is authorized to execute all documents necessary to purchase a 6105E John Deere tractor with a John Deere FC15R rotary cutter mower through the BuyBoard Purchasing Cooperative from Deere & Company in the amount of $111,120.24. PASSED AND APPROVED this the 4th day of June, 2024. MAYOR ATTEST: City Clerk PAGE 8 OF 8 PAGES AGENDA ITEM NO.6.A CITY COUNCIL AGENDA June 4, 2024 ITEM/SUBJECT: Resolution reducing the rental fee of the Mobile Stage for the Founders Lions Club for the T-O Fair on September 17-21, 2024. INITIATING DEPT: Parks & Recreation STRATEGIC GOAL: Actively Communicate and Engage the Public STRATEGIC OBJECTIVE: Strengthen Partnerships with Not-for-Profits COMMENTARY: The Founders Lions Club has requested a reduced fee for the rental of the Mobile Stage for their T-O Fair annual event at the MPEC on September 17-21, 2024. The Club and the City have had a revenue sharing agreement for the event since the opening of the MPEC, and the City Council has approved a reduced rental fee for this organization and event since the City acquired the Mobile Stage in 2005. The standard rental fee is $525 per day, plus any accessories and the $1,000 damage deposit. Our prior arrangement with the Lions Club is to only charge for the labor costs associated with setting up the stage for the event. The estimated labor only cost to the City for the five-day event would be approximately $600. This cost includes the hauling from the storage barn at Central Services and set up on the first day, three days of opening the stage in the morning and closing the stage at night, and the last day of preparing and hauling back to the storage barn. If the fee reduction is approved, staff recommends the minimum charge be set at $600 to cover the City's labor costs. Other reservation procedures may be waived including payment for any accessories desired and the damage deposit. Staff recommendation Staff recommends the City Council approve the resolution (1) approving a rental fee of $600 for the duration of the event, (2)waiving the fee for any accessories, and (3) waiving the damage deposit. ® Assistant City Manager ASSOCIATED INFORMATION: Resolution, Rental Fees ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 1 OF 3 PAGES AGENDA ITEM NO.6.B da - � 1 I. "A P� i�x The City-owned Mobile Stage PAGE 2 OF 3 PAGES AGENDA ITEM NO.6.B Resolution No. Resolution reducing the rental fee of the Mobile Stage for the Founders Lions Club for the T-O Fair September 17-21, 2024 WHEREAS, the Founders Lions Club has requested a reduced fee for rental of the City's Mobile Stage for its T-O Fair annual event at the MPEC September 17-21, 2024; and, WHEREAS, the Founders Lions Club managed its event in prior years in a successful manner; and, WHEREAS, the Founders Lions Club and the City continue to maintain a revenue sharing agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The fee for the rental of the City's Mobile Stage to the Founders Lions Club is hereby reduced to $600, and any charge for accessories and the damage deposit is waived, for its T-O Fair annual event at the MPEC September 17-21, 2024. PASSED AND APPROVED this the 4th day of June 2024. MAYOR ATTEST: City Clerk PAGE 3 OF 3 PAGES AGENDA ITEM NO.6.B Wichita Falls Park Board Meeting January 25, 2024 W.F. Recreation Center 600 11th St. Room 205 Time: 1:30pm Presiding: Jim Heiman Members Present: Dorcas Chasteen, Josh Phillips, Sandy Fleming, Dawn Ferrell, Steve Garner, Luis Severin, Members Absent: Larri Jean Jacoby, Patrick Hearn, Adam Arruda, Alan Donaldson, City Council Representative: Tom Taylor 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 December 7, 2024 were put before the Board for approval. Dorcas Chasteen made the motion to approve the minutes and Josh Phillips second the motion. 2. NOMINATION OF CHAIRPERSON & VICE CHAIRPERSON Motion to nominate board member for Chairperson by Dorcas Chasteen, 2nd by Josh Phillips. Jim Heiman was nominated and elected. Motion to nominate board member for Vice Chairperson by Josh Phillips, 2nd by Sandy Flemming. Alan Donaldson was nominated and elected. New members: Dawn Ferrell, Steve Garner, Luis Severin were sworn in and welcomed to Parks Board. 3. DEPARTMENTAL REPORT: A. Recreation: Scott McGee • See Attached Recreation Report • 4 USTA Tennis tournaments are scheduled this year. B. Parks: Terry Points • See Attached Parks Report C. Lake Wichita Revitalization Committee: Steve Garner • Corps of Engineers has been working with LWRC on dredging the lake. • Initial proposal when project first started 12.4 million dollars was quoted for dredging Lake Wichita. PAGE 1 of 7 AGENDA ITEM NO.7.a D. Circle Trail Update: • No update E. Master Plan: • 1st meeting was held January 23, 2024 with steering committee for master plan and the parks board members. F. Other Business, Announcements, Comments: • Josh Phillips asks if any new updates for e-bike on trails. • No updates were reported Meeting was adjourned at 2:30pm. Signature: L )]L- PAGE 2of7 AGENDA ITEM NO.7.a Recreation January 2024 Park Board Report 1/23 Facility tour and Park Board/Steering Committee meeting with Half and BRS staff Zone numbers for the week at 227 per day. 1/2 New event "Pamper Me" held this month with all 20 spots filled. Courtesy of Mary Kay Products 1/11 "Dementia Live" Educational Event 31 people attended. 1/25 Annual Winter Carnival New at the Zone this month " Mahjong" Recreation Class enrollment at 127 for January includes a new Dance instructor and additional dance classes plus 3 new arts & crafts classes. Basketball Season underway with 10 teams. Softball and Volleyball registration underway for the Spring. So far through October, 25 tournaments have been tentatively booked. They include youth softball and baseball, adult softball and one collegiate women's softball tournament. Tennis /Pickleball for January all facilities and programs up and running weather permitting. United State Senior Pickleball Tournament booked and scheduled for May 4-5, 2024 PAGE 3 of 7 AGENDA ITEM NO.7.a CDBG: We got the green light to move forward on Lions and Lamar. Bridwell Park is coming along. The old 100'x 120' slab has been removed. Narrowed fountain down to two options. Multi-court drawings should be here any day and we will go out for bids. Veronica is doing a great job so far in the office. She doesn't seem to get frustrated easily and takes it in stride. She will be doing some training with Finance and HR. Projects: Removed twelve old 50' ball field light poles at Lake Wichita Park. Parking lot at Lake Wichita coming along slowly. Dirt work at Hursh Park to get ready for new playground. Removed two homemade pedestrian bridges that were falling apart at Kiwanis Removed a giant Bois D'arc at the Health Department We have fifteen FTE and one temp position open. Projects: Finished last touches at Morningside PAGE 4 of 7 AGENDA ITEM NO.7.a ilk. ._-,:fei-44.;,.' ----..- *..4 ..1 .11 ' i aNI y p. 1 7� 4:.� • 4 .,4 -' ? ..-444-/‹.: „„,,,,,' - }F n ..aµ. oc j .e x m ._ . _A . / .... .�.�.. _--;�_may... • • • a �'� PAGE 5of7 AGENDA ITEM NO.7.a �._ ...':. a t ,j. �.. •, ---r w n r w • m,. ,` 4 • —ny w - .ar PAGE 6 of 7 AGENDA ITEM NO.7.a • h. I y }'�� +AP + {ff r r 1 11 1` • yF • . .... — +,-. - trF. JPM N • ... y " ." �+ w. y a. ' • r' + •' h?9. _ +1 . _,. a �` l �h yr .n..,. i _ a X " n yin Jr• u PAGE 7of7 AGENDA ITEM NO.7.a MINUTES LAKE WICHITA REVITALIZATION COMMITTEE April 9, 2024 PRESENT: Steve Garner, Vice Chair •Members David Coleman, Secretary John Pezzano Matt Marrs Jack Roe Adam Arruda Blake Jurecek, Asst City Manager ■Staff Terry Points, Parks Administrator •Guests ABSENT: Austin Cobb, Mike Battaglino David Bender, Sharon Roach, Josh Whittiker, , Alicia Castillo 1. Call to Order: Steve called the meeting to order at 11:30 2. Approval of Minutes: March meeting minutes were approved unanimously. 3. Project Updates: 3.a. Veteran's Plaza Project: David C stated that Austin Stone & Monument will do the brick engraving late this week. David will check with Marrs Patriot Construction for the schedule of the Thomas Fowler monument, the granite slab was due to arrive right about now. 3.b. Lake Deepening: Steve shared an email from Dr Tony Clyde, US Army Corps of Engineers, stating that our lake dredging project is set for FY-25, which begins in October 2024. At that time,the USACE will begin the process for the Determination of Federal Interest and then negotiate a Feasibility Cost Share Agreement. Steve will contact the land owner for the dredge spoils and let them know the time frame. Blake stated that the City cost share for the eventual dredging project will most likely need to come from 4B funds. David reminded the group that we will need to take action soon to get an extension on our 404 Permit. Steve stated he is still working on possible use of the lake bottom materials on the west end of the lake for fill materials on the Wachsman property, 300 acres along Sisk Road. We need to get soil samples for testing, and the Committee previously approved up to $5,000 for this purpose. April 9, 2024 PAGE 1 of 2 AGENDA ITEM NO.7.b 3.c. Parks Master Plan: Blake stated the first public input meeting was held two weeks ago and was very well attended. The next step will be surveys, both in the mail and on-line, to get more public input. Final report is expected this Fall. 4. Discussion of Brick Sales and Fundraising Initiatives: David stated we now have 29 bricks to be engraved, two of which must be complementary since they were apparently lost in the original order many years ago. The Committee unanimously approved the expense of$2,485 which included the Comps. David stated the Wells Fargo checking account balance is $82,128 with two pending obligations: $2,485 for Brick Engraving and up to $500 for a concrete apron for the Fowler monument. Steve reminded the group that approximately $54,000 of this balance is strictly for use at the Veterans Memorial Plaza, most likely for a large entryway, but that will be coordinated with the Parks Master Plan update. 5. Other Business Matters: None. 6. Adjournment: The meeting adjourned at 11:30 am. LI_ cl Aus Cob Chair Date April 9, 2024 PAGE 2 of 2 AGENDA ITEM NO.7.b Wichita Falls Park Board Meeting April 24, 2024 W.F. Recreation Center 600 11 to St. Room 205 Time: 1:30pm Presiding: Alan Donaldson Members Present: Dorcas Chasteen, Josh Phillips, Sandy Fleming, Dawn Ferrell, Steve Garner, Luis Severin, Alan Donaldson, Adam Arruda, Larri Jean Jacoby, Patrick Hearn Members Absent: Jim Heiman, Steve Garner City Council Representative: Absent Other: Scott McGee, Terry Points, Blake Jurecek CALL TO ORDER: Alan Donaldson called the meeting to order at 1:30 p.m. 1. APPROVAL OF MINUTES: The minutes from March 23, 2024 were put before the Board for approval. Dawn Ferrell made the motion to approve the minutes and Dorcas Chasteen second the motion. 2. DEPARTMENTAL REPORT: A. Recreation: Scott McGee • See Attached Recreation Report B. Parks: Terry Points • No report C. Lake Wichita Revitalization Committee: • No update D. Circle Trail Update: • No update E. Master Plan: • Hand out given of "Visioning Engagement Summary" See Attached F. Other Business, Announcements, Comments: • No updates were reported Meeting was adjourned at 2:02pm. Signature: (1.1' i 11 a'lrN PAGE 1 of 21 AGENDA ITEM NO.7.c Recreation Report April 2024 50 Plus Zone average daily attendance is at 242 for the month. 50 Plus Zone Annual Gospel Music held 4/18 with over 100 people in attendance. 50 Plus Zone Safe Driving Class held 4/17 with a full house. Recreation Class enrollment for April is at 81 students. First Concert of the Spring Series is 4/30 at 7:30 in Bud Daniels Park featuring "Armadillo Flats" After School Fishing Program begins 4/30 at South Weeks Pond in cooperation with the Texas Parks & Wildlife Department. Summer Day Camp and Swim Lesson registrations begin May 15t Spring Softball and Coed Volleyball leagues at halfway point of their seasons with 56 softball teams and 12 Volleyball. These games are played Tu, Wed., and Th. at the Sports Complex . Volleyball is played on Mon. nights at the Scotland Elementary School Gym and our indoor Pickleball program is Mon. and Wed. at the Jefferson Elementary School Gym This weekend the Sports Complex will host its eighth tournament of the year with economic impact numbers of over 1.2 million to date. There are 20 tournaments currently on the calendar for now through October. New bleachers are currently being installed at the complex and new above ground fencing for the turf has just arrived. Lucy Park Pool preparations are under way for the summer season. The pool is scheduled to open May 25tn Recreation Crews have delivered and setup the mobile stage at the annual Health Department Health Fair and Cajun Fest this month. PAGE 2 of 21 AGENDA ITEM NO.7.c 1 Falls Town Courts will be hosting their one year Anniversary Celebration this weekend at both centers with Tennis and Pickleball tournaments for all ages and Saturday evening dinner, fun and games. The Falls Town Courts group has created a strong program that continues to grow and that is paying off for themselves and the city. Hamilton Tennis Center hosted a UIL Regional Tournament last week and the first USTA Junior tournament in over four years last weekend. PAGE 3 of 21 AGENDA ITEM NO.7.c Wichita Falls Park Board Notice of Meeting Date: April 25, 2024 Time: 1:30 p.m. Location: Recreation Center Room 205 Agenda 1. Call to order 2. Minutes for the meeting March 28, 2024. 3. Departmental report. a. Parks & Recreation reports provided. b. Circle Trail Update. c. Lake Wichita Revitalization Update. d. Master Plan Update. 7. New Business and Comments. Spanish language interpreters, deaf interpreters, Braille copies or any other special needs will be provided to any other person requesting a special service with at least 24-hour notice. Please call the City Clerk's Office at 761-7409. CERTIFICATION I certify that the above notice of meeting was posted on the bulletin board at Wichita Falls Public Library, Wichita Falls, Texas on the 17th day of April, 2023 at 11:00 o'clock a.m. B City Clerk PAGE 4 of 21 AGENDA ITEM NO.7.c Done 1 message Terry Points<terry.points@wichitafallstx.gov> Thu,Apr 25,2024 at 10:45 AM Color change is coming up soon. Pansies to be pulled in the next two weeks. Finishing up Hursh Parks new playground 99% Installing new Swing Set at Rotary, Donation. McDonald's donated 5 Red Oak trees to rotary Park for Earth Day. Mowing and trimming is in high gear. Working on sidewalk design and playground design for Lions Bid opening for Futsal Courts are today at 1:30 We have conducted 11 funerals this month. We have transplanted over 125 trees around town from our nursery with our new tree spade. One of our new mowers at work. PAGE 5 of 21 AGENDA ITEM NO.7.c ( A' 411• lu� t.. r ' ✓-r ": µ i .rim r F ' f , PAGE 6 of 21 AGENDA ITEM NO.7.c 74 mot '..-74,„.,;44r- .�.. iftwilit 11 iUI!1!!I ! I ip ,« -. 1 �r* 7r �w�,._ .F - :2,....„ '' h"*,,,,a. ,:'. - ,-.*:_. 4;•',,k 'fir. -.a ,, • �{ dYy 1.1 +..,,w �.. ..Ai • Syr ',.f — — Thanks, Terry Points Assistant Director of Parks City of Wichita Falls,Texas 940-761-7609 PAGE 7 of 21 AGENDA ITEM NO.7.c • 71;Idic4/4.F.7, � halif R S Wichita Falls Parks and Recreation Master Plan Visioning Engagement Summary Joint Steering Committee & Parks Board Meeting(January 23, 2024) What are the biggest challenges Wichita Falls faces related to park and indoor recreation today? • Funding—there has been a lot of funding raised/put towards the Circle Trail and the City needs to shift focus to parks • Leverage benevolent groups in the city that have been supporters of parks and recreation • ADA accessibility and updated signage • Lack of facilities in the southwest part of the city—there aren't any parks in this area currently • Dated recreation facilities • Residents are fearful change will make the city too big, but they also want it to be a place that their kids and grandkids want to be o Need to get citizens involved in the process to have support o Educate citizens on the long-term benefits of this plan and its outcomes • Limited outdoor facilities o Dated facilities o There aren't city facilities outside of 50+zone and YMCA o Don't have offerings like larger communities do o Need a gathering space o Need to think about multi-generational facilities • Where is funding coming from, how quickly can it be obtained, where will it go once secured? • Need a plan to put in place over the next 5 years with specific implementable strategies with associated timeline • A lot of personnel at Sheppard live within the community and have additional/changing needs to be considered • Use to have tennis tournaments that brought in people for multi-night stays • Communication—let people know what's available especially at Sheppard Need promotional materials • Need more options and activities • Restrooms that are accessible and vandal-proof; current facilities are not as safe as people would like • Funding has always been a problem • Aspire to be a Top 10 parks city • Attention to what city has o Wee-chi-tah trail and BMX track—privately funded and bring people from all over. • Competitive lap pool • Change attitude of citizens—importance of quality of life o Retaining graduates o Generate revenue o Health benefits—physical & mental health • More amenities in existing parks to draw in people with diverse interest • Skills course for bikes PAGE 8 of 21 AGENDA ITEM NO.7.c f WIC�(1�•r 1+�lfg o.i P 1al Tr EAS 14.9A.r/n-Ima G}r±rfr aMw • Water activities (i.e., splash pad) • Youth and adult programs What are your hopes and dreams for parks and indoor recreation in Wichita Falls? • Active parks with equipment and part of a larger system with programs that are connected to a strategic plan • Engage more civic organizations to help improve,fund, and maintain parks • Public/Private ventures • Complete Circle Trail with all spurs • Veterans Plaza—complete • Riverwalk near MPEC • Parks with programming in open space or underutilized space o Indoor multi-purpose space for soccer, etc. o Outdoor multi-purpose courts o Better distribution of amenities and increased access • Old bread facility/grain elevators—indoor recreation center and in an accessible geography, visible from highway - Multi-generation reaction that is open, welcoming, parking, storage, iconic • Utilize what we have with Lake Wichita • Tap into MSU and civic partners • Start with communication with citizens that decisions are for them • Need a plan that doesn't sit on shelf; implementable actions, track progress • Refocus 4B funding • Recreational tourism—track and field at old golf course in north • Destination —come to the city for a major draw but stay for all the other great amenities • Need more than just the YMCA—additional indoor recreation and pool • Places for families and kids—activities and events, uses in parks that can be for events/activities • Replacement What park and recreation amenities or facilities do you see in other communities that you would like to see in Wichita Falls? • State of the art indoor community center • Great rec centers with more play equipment • Restrooms • Dream Work playground • Soccer shooting walks and soccer practice areas that are well maintained • Golf chipping and putting areas • Amusement Park • World-class cross-country course • Be like Bentonville,AR • Large indoor/outdoor pool • Velodrome What are your primary desired outcomes of this plan? • Specific, implementable affordable plan • Plan with viable funding sources • Adequate staffing of Parks Department PAGE 9 of 21 AGENDA ITEM NO.7.c 4/4 a, : : half • Solid plan for the Veterans Plaza that will make visitors say"wow" and feel the appreciation of the City • A system that meets the needs of its citizens and is utilized • Major outcome—what citizens want, path with funding to achieve. Seeing the data on what parks are under/overused • Starting and finishing it • To have people move to Wichita Falls because of the parks (being the next Bentonville) • National level cross-country park • Phased plan —funded and put into action Stakeholder Listenin Session #1 (March 26,2024) Attendees: Chamber of Commerce,All Hands, Area Communities Foundation, WF Alliance Arts & Culture, MLK Center, YMCA, Parks Board, Castaway Cove What is a strength of the parks and recreation system in Wichita Falls today? • So many parks with variety of options (x3) • Circle Trail (x2) • Easily accessible • Lake Wichita • Bluffs, kids enjoy playground • Working collaboratively • Trails How does your organization interact with WF Parks and Rec today? • YMCA uses Kiwanis Park& Lake Wichita Park for youth baseball league • Parks Board is a sounding board for staff and helps to spread awareness about the parks system • MLK Center—refers residents to parks based on their needs and the type of amenities they are looking for • All Hands Cultural Community Center—provides basketball youth camp and various recreation activities, collaborative use of their community garden, pavilion, and greenhouse with the City • Arts & Cultural Alliance—beautify public spaces through art • Chamber of Commerce—developed a guide that has a map of parks, trails, and amenities and programs that they provide to new residents (updated about every 2 years) • Castaway Cove—Youth summer camps that the city puts on What issues do you observe in parks and recreation in Wichita Falls today? • There needs to be more done to show what parks offer • Need info about what age group amenities are built for • Amenities could include more unique elements to reflect the neighborhoods they are in or city history • 911 emergency phones/markers on trails for safety especially in desolate areas without reliable cell service • Wooden bleachers in parks could be updated to more durable material • More amenities and manpower—getting people outside using parks requires more resources • Trail underpasses under major roadways feel unsafe PAGE 10 of 21 AGENDA ITEM NO.7.c 4i ;i4 : E half xrs • Some trails require you to walk on the road on parts that are disconnected; feels dangerous and needs better connectivity • More color and art in parks • Weather damage in parks,drainage issues • Need to update playground equipment that is damaged • Need a unique amenity to highlight and be an attraction • More community events • Overall state of equipment • Vandalism • Unfinished trail • Balance nature and fun amenities • All-inclusive play— better access for all ages and abilities • More staff and resources • Are there underutilized parks, what should the city be maintaining? • More collaboration across organizations What is your overall vision for the future of parks and recreation in Wichita Falls? • "Destination Centers" -rec center, library, adult education courses • Small community centers or shared spaces to distribute access • Rec center near the MPEC with amenities, programs, and aquatics • Tie everything together—parks, recreation, trails • Weather—especially in summer there needs to be an indoor recreation option • Outdoor/indoor center with different activities and space for events • Military families tend to go to larger cities for"cool" amenities • The Falls are an attraction but there is nothing to do near it which limits appeal • More public/private partnerships Would you support a public option for a NEW indoor recreation center offering expanded indoor recreation programming? • A new space is necessary • People think the recreation in WF is just the 50+zone • Struggle with teens—connect with this age group • Satellite options—increase access, more accessible to residents Is the existing Lucy Pool currently meeting your needs for publicly accessible aquatics? • Not meeting needs o The YMCA (future pool) and the B&G Club used for swim team o Need a public pool that is modern, accessible, affordable to fulfill recreation needs, water safety courses, be a family amenity o Lucy Pool is in the flood zone, 50 years old, and will need to be replaced City wants to provide this amenity to residents with modern amenities (potentially another splash pad) o Use splash pads as a way to activate underutilized parks o Pool construction, staffing, training, and maintenance is expensive PAGE 11 of 21 AGENDA ITEM NO.7.c halff TiXAS Stakeholder ListeninLSession#2(March 27, 2024) _______________________________ Attendees: Boys & Girls Club, Wichita Falls Planning Department, Wichita Falls ISD Athletic Director, Downtown Wichita Falls Development, Leadership Wichita Falls, Falls Town Courts What is a strength of the parks and recreation system in Wichita Falls today? • Trail system • Integration of parks into daily life • Growth in tennis; use of facilities by those who live out of town • Bringing in a lot of people to play pickleball • Visible where money has been spent in parks and rec • Kiwanis—community strength • Need more sand in playgrounds • Well-maintained • Lucy Park (size can host large events, working with City to book is easy) How does your organization interact with WF Parks and Rec today? • Lease agreements, partnerships (Camp Graham Bell, football fields at Lake Wichita) • Informal partnerships with City and Boys and Girls Club • Tennis, pickleball leagues • Shared-use agreements for elementary school gyms • WF Downtown Association rents city stage three times a year • UIL regional tennis • Races held at Lucy Park • Adopt a Trail program What issues do you observe in parks and recreation in Wichita Falls today? • Previous downtown master plan recommended an amphitheater-would like to see one in downtown • Don't have a public square • Need more smaller kid age-appropriate playgrounds • Lack of dog parks—need one more accessible to all parts of the City • Outdated equipment • Lack of ADA accessible equipment • Look at facilities to retire/update • Getting info about the system out • Resources—manpower, funding • Growth/tax base is limited despite growing needs What is your overall vision for the future of parks and recreation in Wichita Falls? • Festival Park in downtown • Bringing back more tennis tournaments • Not sure what future of pickleball holds • See growth for parks and rec • More inviting • Leaders in serving citizens in facilities and programs that are changing lives • Bring in tourism -Youth sports tournaments • Historic preservation —incorporate history, art into parks I.e.,themed playgrounds PAGE 12 of 21 AGENDA ITEM NO.7.c f� r a : : half • Leisure pool—could be collaboration with partners Would you support a public option for a NEW indoor recreation center offering expanded indoor recreation programming? • Need facilities that are affordable and accessible • Opportunities to partner with other groups/organizations Public Meeting(March 2, 2024) Which one word would you use to describe parks in Wichita Falls today?(Board 4) 'i'ioms Nasty Safe1 11) ra b Horrible H rn eLeS uninviting Park Dog 1 Boring Recycling ZooNo PAGE 13 of 21 AGENDA ITEM NO.7.c half What one word would you use to describe recreation facilities and programs in Wichita Falls today? (Board 4) Uninteresting Not Advertised Or Promoted Needs Updates Not: Enough \on-.existent InaccessibLe Which one word would you use to describe how you envision parks in Wichita Falls future?(Board 4) Benches Modern Vibrant Welcoming Seating State Of The Art Sculptures B ea ut i fiu l Accessible Like Bentonville PAGE 14 of 21 AGENDA ITEM NO.7.c 0,4 4 a : : h a lff What one word would you use to describe how you envision recreation facilities and programs in Wichita Falls future? (Board 4) Need More Great U �éfu verse Programs Outside Of Sports Current Which parks in Wichita Falls do you visit?(Board 5) 1. Bridwell-0 2. City View-3 3. Edgemere-1 4. Expressway Village-4 5. Hursh-0 6. Jalonick-2 7. Lynwood East-1 8. Martin Plaza -2 9. O'Reilly-1 10. Rotary-4 11. Westover Hills- 1 12. Wood Memorial- 1 13. Scotland-2 14. Lamar-2 15. Loch Lomond-0 16. Spudder—2 17. Sunset Terrace- 1 18. Williams-4 19. Hamilton-9 20. Kiwanis-9 21. Weeks—S 22. Belair-2 23. Bud Daniel-4 24. Conoco-0 25. Front&Indiana-0 PAGE 15 of 21 AGENDA ITEM NO.7.c r /6 SEM halff F t•5 26. Grant Street-1 27. Harold Jones-1 28. Indian Heights-0 29. Jarratt-0 30. Lincoln-2 31. Lions-2 32. Morningside-1 33. Park Central-2 34. Roselawn-1 35. Lake Wichita Park-12 36. Lucy Park-14 Use the sticky dots provided to select your top 3 preferred park amenities you'd like to see prioritized in parks in the future. (Board 6) Restroom Facilities- 19 Fitness Stations- 1 Trails - 11 Picnic Areas -3 Water Access - 14 Amphitheater- 11 Gathering Spaces - 5 Themed Playground- 11 Dog Park -9 Other— parking, seating outside of pavilions Use the sticky dots provided to select your top 3 preferred amenities you'd like to be prioritized at sports and athletic fields in the future. (Board 7) Disc Golf Course -10 Multi-Purpose Courts - 11 Tennis/Pickleball - 20 Futsal - 2 Turf Sports Complex-4 Youth Softball/Baseball -3 Soccer Fields - 5 Football Fields— 1 PAGE 16 of 21 AGENDA ITEM NO.7.c I.4i �F!!J, i:i half E i A Basketball Courts -8 Other -Shaded Basketball Courts Which recreation and community facilities do you visit?(Board 8) Downtown YMCA—1 Bill Bartley Family Branch YMCA—6 Wichita Falls Recreation Center and 50 Plus Zone—3 Lucy Park Pool - 1 Lucy Park Log Cabin—4 Kemp Sunnyside Center—2 East Lynwood Community Center—2 Hamilton Tennis Center—2 Weeks Park Tennis Center—2 Scotland Park Elementary School Gym -0 Jefferson Elementary School Gym— 1 Use sticky dots provided to select your top 3 preferred indoor recreation amenities. (Board 9) Classrooms—4 Game Rooms-4 Multi-Use Sport Courts—12 Indoor Playgrounds —18 Fitness and Weights—4 Party Rooms—9 Walk/jog Track—11 Lounges—4 Other—Rec Center PAGE 17 of 21 AGENDA ITEM NO.7.c \---FA,146 a :�6 halff TEXAS Use the sticky dots provided to select your top 3 preferred aquatic amenities and programs. (Board 10) Indoor Competition Pool -5 Indoor Lap Pool -8 Indoor Leisure Pool - 7 Indoor Splash Pad - 9 Outdoor Competition Pool - 0 Outdoor Lap Pool -0 Outdoor Leisure Pool -9 Outdoor Splash Pad - 12 Other—Would like to see an outdoor leisure pool built beside Lake Wichita and have the lake dredged; Return the pond to Williams Pond using the same method used at the Fishpond on SW Pkwy Li , Please draw on the map where you 1 i 1 believe additional trails are needed/ \ '`. c- — 1' Place a dot next to the proposed trail ,-W ; spurs that if constructed you would ,, 44 �;ti 1 most likely use. (Board 11) w - - 1� I ' ' J f; l tir if 1 ��` � • _ , /1, , • ‘',',,,',„•t,,,,_ ' \ ;:Hill i ' : ' ®) - 7- -."-'--- -.-'4°:.4% _ 1 , , - . . f It .rica ;— f\ 12T7 '2 �.1'l"w PAGE 18 of 21 AGENDA ITEM NO.7.c I. __ -71-i,d,,c• 4ik,, r7:;,/7, EH half t t t: t•5 .....--..---- tt '-. I J \.....ii....1 ."1 \\) :.!,' 4" '471 • N lki , .-:.,,,,, ^ lr\I,L..........N\\..... . II4 , . .."' '. '4,- ".411''' --- -- •": , '.44 ! '' k I, *-r" 44 ; ---',. I •.--• ''''-''''. ---' . ... , .. ,,,,, • . .,N,.",''.$,.•• . 1' b,.0 ' ‘ "N,,,:t., :›. ,, )":-\-• 2 . , ' ''*--7!... •N7 ---001;4"''''""'w - ' . . --% - :--- •-opmfresit•••••._ .- ' ---"' % ''''. •N ..... 1- 5 %. • .....-10K.,-', • . 7"----N, • ' .' 'IP- - ' • ' .Aix,•,...... • -.' . h \ ,. .. . . . ...:, - 1 ,,,_ ..- -'' , \ -..ciii 4zj, it •. • • .• ug,,....:_--;=..--;•-•::::-/7. '..' 4111 Mgi. --.' . 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Cr• , • ' . , -;,. . g . : \A if--1,_!_77.:75..," 'L - ,,, ,,, 1 ' 71? 0., : ...-2-... ,.. . :•r : x?. ig Air' ' - Midwestern Pkwt z ' ' '.•:: . I- ii. .- 1 ,Ipir 1 •:- • : .-, .. ..117 1:-; _ v vi *------ ..'.--4). - 47. --4 , - : .7. . • ' •-d• :'Hotton R i • - .r-- -• ,. - , ;- - .'1,..' "- sr I rr,"'"‘ • . :. .. T S. • ,...--'-1'.,:--` ' ''. . 1014' . •..- 't re . i Vjoi.' ;• ii___ ‘..1 --Southwest Pkwyi • 1r ... . , t,..--- /- j •• • .' . • .,..- .4...--' 1; 7„:" ,.. \41i, il,;t;Tell: .,, . . : ....,.. -•=--,.„.,..,,,,,, 4 I .''''%s-'-'''7"-•-4 .. ,, ;....• 1( j 1 PAGE 19 of 21 AGENDA ITEM NO.7.c halff Trail Spur 1 (Loop 11) —3 Trail Spur 2 (Old Iowa Park Road)—0 Trail Spur 3 (Missile Road) —1 Trail Spur 4 (Burkburnett Road) —3 Trail Spur S (N Scott Avenue) —0 Trail Spur 6 (Call Field Road)— 1 Trail Spur 7(Quail Creek Trail)—0 Trail Spur 8 (Midwestern Parkway) —0 Trail Spur 9 (Aqueduct Trail) —9 Use sticky dots provided to select your top 3 preferred amenities you'd like to be prioritized along trails in the future. (Board 12) Wayfinding Signage -6 Lighting- 12 Trailheads -9 Seating - 7 Parking- 8 Drinking Fountains- 8 Diverse Surface Types -4 Educational Signage -6 Security Features - 13 Other—Extend trail to loop 11/Kirby Pond and to Lynwood East and SAFB; more public restrooms in some of the smaller parks (Park Central) Use the sticky dots provided to select the top 3 park and recreation categories you feel should be prioritized for investments in the future. (Board 13) Park Amenities- 17 Outdoor Youth Sports Facilities -S Indoor Youth Sports Facilities - 8 Indoor Recreation Facilities - 8 PAGE 20 of 21 AGENDA ITEM NO.7.c �c r �fic :$: half# " F Y A S Indoor Recreation Programs - 8 Aquatics -6 Trail Spurs - 17 Trail Amenities- 11 Additional Comments • Shade is biggest need in parks; equipment gets too hot to touch • Sound gardens • Expand trails to other neighborhoods; residential connections that prevent trail users from having to cross busy streets • Add toys for all age groups as standard fixtures • Need more lighting, police patrol for safety • "Art in the Park"—can work with Arts Alliance • Learning Trails in parks • Little free libraries • Restrooms • Park(s)for sensory impaired • Need a community parks and recreation space for table tennis league (the YMCA does not support table tennis) • Add restroom at Lake Wichita Boat Ramp for children on the water so they have quick access and can spend more time on the water • Acquire dredging equipment and re-dredge Lake Wichita falls to 10-30 feet deep • Current dog park is run down; did not have water during the summertime Need better enforcement of separation of spaces for different sized dogs • Would like to see something similar to the Gathering Place in Tulsa, OK • Parks are spread far and thin —many parents in town drive to larger parks because there are more kids for their kids to play with • Could highlight 1 park a month/quarter with history(how it was named etc.) and information about the park • Lynwood East Park needs: o Shade for the basketball court o Cutout for parking on Red Fox o Large, covered pavilion o Shade over tennis court • Would like to organize a community garden at Hursh Park • A few frisbee golf holes at Edgemere park • Community guide to parks needed • Connectivity of circle trail to neighborhoods needed • L branch from SAFB connection • Improvement of outdated amenities PAGE 21 of 21 AGENDA ITEM NO.7.c CITY COUNCIL AGENDA June 4, 2024 ITEM/SUBJECT: Conduct a public hearing and take action on an ordinance to move Chapter 26 - Business Regulations, Article VI — Food Establishment Rules to Chapter 58— Health, Article VI; amending in its entirety; and providing for codification. INITIATING DEPT: Health STRATEGIC GOAL: Efficiently Deliver City Services STRATEGIC OBJECTIVE: Practice Effective Governance COMMENTARY: The Food Ordinance sets the standards for those operating or intending to operate a food establishment within the city limits. The Health Department is the regulatory authority, and Health Inspectors use this local law to ensure the health and safety of citizens through permitting, inspecting, and enforcement. The proposed ordinance update is based on a compilation of Food and Drug Administration (FDA) Food Code Rules, the Texas Health and Safety Code, the Texas Department of State Health Services (DSHS) Texas Food Establishment Rules (TFER), and any local requirements that may be more stringent. The last update to the Food Ordinance was in 2019. It is imperative to update this ordinance as FDA and TFER have been updated and should be reflected in local law. There have also been updates in the food industry that needed to be referenced in the ordinance to allow food entrepreneurs an avenue to provide safe food to the public. Some requirements in the current ordinance were too restrictive and could be lessened while still being in-line with TFER and FDA code. After a comprehensive review of the current ordinance was conducted, a revision was drafted with the assistance of the Legal Department. The draft was presented to the Board of Health in March. Letters advising of the proposed changes, availability of stakeholder meetings as well as a survey, and a link to the website housing all draft changes, to include proposed fee schedule modifications, were sent to 801 stakeholders. Stakeholder meetings were held in Wichita Falls (2), Burkburnett (1), Electra (1), and Iowa Park (1) with varying times to improve accessibility. A QR code taking citizens and stakeholders to the website and survey was made and cards distributed at events such as the health fair. A draft was updated to include most stakeholder feedback and the draft fee schedule was created to mirror the revisions. Both proposed ordinance revisions were reviewed by the Legal Department and then presented to the Board of Health in May. After a presentation regarding the changes as a result of stakeholder feedback, the proposed fees, and discussion regarding the memo received from a stakeholder who asked to send communication to the board, the Board of Health voted unanimously in favor of the proposed ordinances presented by staff with a recommendation that they move forward to Council for approval. PAGE 1 OF 31 PAGES AGENDA ITEM NO. 8.A The major changes to the ordinance are as follows: • Moved Food Establishment Rules from Chapter 26 - Business Regulations, Article VI to Chapter 58 — Health, Article VI. This brings health-related rules to one place for improved efficiencies for citizens and staff. • Updated and added definitions based on TFER and FDA codes. • Permitting is based on facility sizes instead of by food processes. • Additional permit types were added for different business models, to include the following: ghost kitchen, pop-up food vendor, concession stand, temporary event coordinator. • Non-profit organizations will no longer be required to obtain a permit. • Updates were made to equipment standards allowing for items that meet the FDA Food Code requirements instead of only NSF/ANSI standards; additionally, equipment intended for residential or household use will not be allowed. • Requires that a certified food manager be scheduled and available to the permitted food establishment or pop-up food vendor during all hours of operation. • Food handler certification will no longer be required for those only handling packaged food. • A food handler certification will be required prior to preparing or handling exposed time/temperature controlled for safety (TCS) food instead of prior to accepting employment. • Requires a hybrid placarding system that includes a QR code to the Health Department's on-line inspection reporting system for easy customer access. • A 90-day minimum timeline was added for a permit holder to reapply following permit revocation. • Soft-serve operator cards will no longer be required. Effective Date: August 05, 2024 Staff recommends approval. ® Director of Health ASSOCIATED INFORMATION: Ordinance ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 2 OF 31 PAGES AGENDA ITEM NO. 8.A Ordinance No. Ordinance moving Chapter 26 - Business Regulations, Article VI — Food Establishment Rules to Chapter 58—Health, Article VI; amending in its entirety; and providing for codification. WHEREAS, the Health District is the Regulatory Authority for the City of Wichita Falls; and WHEREAS, the Health District recommends revision of the existing Food Establishment Rules Ordinance to promote and protect the health and safety of all citizens; and WHEREAS, the City Council of the City of Wichita Falls desires to adopt an ordinance that promotes and protects the health and safety of all citizens in the community; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1. Chapter 26 - Business Regulations, Article VI — Food Establishment Rules of the Code of Ordinances of the City of Wichita Falls is hereby moved to Chapter 58 - Health, Article VI — Food Establishment Rules, and amended in its entirety to read as follows: ARTICLE VI.—-FOOD ESTABLISHMENT RULESu Footnotes: (6) Editor's note Ord. No. 53 2015, § 1, adopted Nov. 17, 2015, amended Div. 1 in its entirety to read as herein set out. Former Div. 1, §§ 26 '121 26 '12,1, pertained to similar subject matter, and derived from Code 1002, §§ 26 '121 26 '12,1; Ord. No. 81 2009, § 1, adopted Nov. 3, 2009; and Ord. No. 0,1 2015, § 1, adopted Jan. 6, 2015. regulations regarding food service establishments, retail food stores, mobile food units and roadside food vendors, Texas Health and Safety Code § '137.001 et seq. DIVISION 1. GENERALLY Sec. 26 '21. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: 1) Bed and breakfast extended means an estabiishment with more than seven rooms for rent or an establishment that provides food service other than breakfast to overnight quests. A bed and breakfast extended would be required to hold a retail food establishment permit. PAGE 3 OF 31 PAGES AGENDA ITEM NO. 8.A 2) Bed and breakfast limited means an establishment that has seven or fewer rooms for rent, serves breakfast to overnight quests, and is not considered a retail food establishment. 3) Caterer means any person/entity who operates from a permitted food facility where food is prepared or stored then served at an off premises caterer function Off Premises Caterer Function a private caterer function (weddings, birthdays, etc.) or public caterer function (individual business functions, non profit organization fundraiser, etc.) where a caterer provides food and related services for a person or persons at a location other than their permitted food facility. 4) Central Preparation Facility also known as a commissary ismeans an approved and permitted facility or space where food is prepared, stored, and packaged. Central preparation facilities may be required when the food establishment's operations are not wholly contained to a single location such as, but not limited to, with retail food establishments mobile, certain catering operations, or pop-up food vendors. 5) Concession Stand means a food establishment, which is not mobile and is operated for the purpose of providing food at events associated with an independent school district, community college, for-profit or non-profit organization, university, private school, or municipality. 6) Cook-for-Hire means any person hired to prepare and/or serve food at a private home. Cook-for Hire shall not provideNo catered food is provided by the cook-for-hirer shallbe[JM1][sJN2]. All food prepared by a cook-for-hire is handled at the location of the private home where the client provided the food, utensils, equipment, and kitchen. No permit is required since only food preparation services, not food, are offered for sale/service at a private home.FSJN31 7) Delivery meansis a service offered by retail food establishments in which the order is transferred from the establishment to the end consumer at a location designated by the end consumer. A catering permit is not required for delivery or large orders. 8) Farmer's Market means a designated location used for a recurring event at which a majority of the vendors are farmers or other food producers who sell food directly to consumers. A farmers' market must include at least two vendors who meet the definition of"farmer" as defined in 25 TAC Chapter 229.702 and may include vendors who meet the definition of "food producer" as defined 25 TAC 229.702. In addition, a farmers' market may include vendors who are not"farmers"or"food producers," provided that "farmers" and "food producers" constitute the majority of vendors who participate in the market throughout the year.[siN4] 9) Farmer's Market Vendor means a farmer or food producer who sells food at a farmers' market. Covers sales at all farmers' markets, farm stands, and farms within the jurisdiction of the permitting authority. 10) FDA Food Code means the 2017 FDAF^-)od Code, a amended, or as referenced by the Texas Food Establishment Rules as amended fSJr IiJM6] 11) Food means a raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use,or for sale in whole or in part for human consumption, or chewing gum. 12) Food Contact Surface means a substance that cob ,o contact with food and is not intended to have a technical effect +non such food. Including but not limited to: food packaging and its components, processing equipment, food preparation surfaces, or cookware. Food Eestablishment {4- 13) Mr eans an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption: Such as a restaurant; retail food store;satellite or catered feeding location; catering operation if the operation provides food directly to a consumer or to a conveyance used to transport people; market; vending location; (machine) self-service food market, conveyance used to transport people; institution; or food bank; and -- That relinquishes possession of food to a consumer directly, or indirectly through a delivery service such as home delivery of grocery orders or restaurant takeout orders, or delivery service that is provided by common carriers. (2)c) Includes: PAGE 4 OF 31 PAGES AGENDA ITEM NO. 8.A An element of the operation such as a transportation vehicle or a central preparation facility that supplies a vending location or satellite feeding location unless the vending or feeding location is permitted by the regulatory authority; and b- An operation that is conducted in a mobile, stationary, temporary, or permanent facility or location; where consumption is on or off the premises; and regardless of whether there is a charge for the food. Does not include: a, An establishment that offers only prepackaged foods that are not time/temperature control for safety food; A produce stand that only offers whole, uncut fresh fruits and vegetables; jj A food processing plant; d-iv) A cottage food production operation as defined by Texas Health and Safety Code § 437.001; 43,v) An area where food that is prepared in a cottage food production operation is sold or offered for human consumption; #,vi) A "bed and breakfast limited" facility as that phrase is defined by 25 Texas Administrative Code § 228.2; if the consumer is informed by statements contained in published advertisements, mailed brochures, or placards posted at the registration area that the food is prepared in a kitchen that is not regulated and inspected by the Wichita City/County Public Health District; or vii) A private home that receives catered or home-delivered food. viii) A third-party Delivery Service ix) Operation of a lemonade, or other beverage;stand on a temporary basis by a childpersons under the age of 18. In this instance, neither the beverage stand nor the kitchen in the private home in which the product was prepared shall be considered a food establishment. gx) A food establishment shall not include, and no permit shall be required under this article for, the preparation of food of any kind in a kitchen in a private home for a non-commercial purpose, including but not limited to: potluck suppers, picnics, tailgating, office parties, school functions, or other similar private events. 14) Frozen D4essert(s)means soft serve,gelato, frozen custard,-a -frozen yogurt nr other frozen dessert prepared by adding a mix to a specialized machine.- Frozen dessert pre mix means any raw[SJN7] dairy based product used to create a frozen dessert. 15) Frozen yogurt means a food produced by the bacterial fermentation of milk and served frozen or partially frozen.Ghost Kitchen(s)also known as virtual kitchens, or dark kitchens, means a food service business that serves customers exclusively by delivery and pick-up based on phone and online ordering. They may be stand-alone businesses that operate out of either an existing restaurant's kitchen or an extension of the existing business. 16) Highly cusceptible population means persons who are more likely than other people in the general population to experience foodborne disease because they are: 4) ..................... Immunocompromised; preschool age children, or older adults; and b) Obtaining food at a facility that provides services such as custodial care, health care, or assisted living, such as but not limited to a child or adult day care center, kidney dialysis center, hospital or nursing home, or nutritional or socialization services such as a senior center. 17) Imminent Hazard to Public Health also called imminent health hazard mean, a significant threat or danger to health due to a product, practice, circumstance, or event that creates a situation that—would likely lead to foodborne illness as determined by the regulator authority. Imminent health hazards include but are not limited to: no water service, no electrical power, sewage back upbackup, rodent or insect infestation as determined by the regulator authority, as food establishment that receives an inspection score of 69 or below during an inspection, or a food vendor, who is not required to obtain a permit, whose practices are likely to lead to foodborne illness.- (1) PAGE 5 OF 31 PAGES AGENDA ITEM NO. 8.A that requires immediate correction or cessation of operation to prevent illness based on: (2) The number of potential illnesses, and (3) The nature, severity, and duration of the anticipated illnesses. 18) Laboratory means a biological, physical or chemical laboratory which-tha, is under the supervision of the state or local health authority. 19) Multi-departmental Grocery Store means a retail food establishment whiclithat otters for sate various TCS and non-TCSs packaged food items for consumers to purchase and primarily consume off-site with or without additional food preparation activities in addition to having specialized food departments such as a deli, snack bar, meat market, fish market, or produce market. a) Deli-department which specializes in sliced meats and cheeses or other cold cuts b) Snack Bar- department which provides ready to eat food concessions such as but not limited to: hot dogs, burgers, pizza, salad bar, soups c) Bakery-department which specializes in baked goods. d) Meat Market- department which cuts and or packages raw meat products. For the purpose of this ordinance, a facility that sells only pre-packaged products shall not require the meat market endorsement on their permit. e) Fish Market-department which cuts or packages raw fish, crustaceans, mollusks, or other seafood or fresh water animals. For the purposes of this ordinance, a facility that sells only pre-packaged products shall not require the fish market endorsement on their permit. 0 Produce Market-department which cuts or packages produce. For the purposes of this ordinance, a facility that sells only whole-uncut produce or which sells pre-cut produce wthat is received in that state shall not require the produce endorsement on their permit. q) Other Department a department whist}that does not meet the definition of any other department Mobile Food (MFU){means}a vehicle mountedvehicle-mounted,self or otherwise propelled,self- contained food service operation, designed to be readily movable (including, but not limited to catering trucks,trailers, push carts, and roadside vcndorc,) and used to store, prepare, display, serve or sell food. Mobile units must completely retain their mobility at all times. A mobile food unit does not mean a stand or a booth. —Non-profit Organization means-a- a corporation where no part of the income is distributable to a member, director, or officer of the corpo rat ion^ entity that is „ro-a-Rzed and operated exclusively for charitable, educational, religious, scientific, or other purposes recognized as exempt from federal income tax under section 501 (c) (3) of the Internal Revenue Codo.A roadside food vendor is classified as a MFU. 21) 22) Off-Premises Caterer Function means a private caterer function (weddings, birthdays, etc.) or public caterer function (individual business functions, non-profit organization fundraiser, etc.)where a caterer provides food and related services for a person or persons at a location other than their permitted food facility. Mobile food unit operation means the business of a mobile food unit or mobile food pushcart. Mobile food pushcart [means] a non-self propelled mobile food unit limited to serving foods requiring a two persons. A pushcart is classified as a mobile food unit. A pushcart does not include non-self propelled units owned and operated within a retail food store. Thies preparation facility. 23) Outdoor -food Gourt means a lot or parcel of land established to provide facilities allowing two or more mobile food units to be parked on the property for the purpose of vending to the public on that property. 24) Person in harge (PIC)[means}the individual present at a food establishment who is responsible for the operation at the time of inspection. 25) Pop-Up Food Vendor a food tablishment that operates on a temporary basis and may "pop-up" at various locations. A pop-up food vendor must comply with all of the sanitation regulations required of temporary food establishments. A pop-up food vendor may of crate outside„f a Temporary Evan+does not have to operate in conjunction with a public event. Pop-up food vendors must have a contract with PAGE 6 OF 31 PAGES AGENDA ITEM NO. 8.A a central preparation facility and at least one certified food protection manager scheduled and available.- Process means the method or amount of preparation of food utilized by a food establishment before the food is provided to the individual who will consume it. 26) Regulatory authority means the Wichita Falls-Wichita County Public Health Districtcity county public health district. 27) Retail Food Establishment (Restricted Operation) means a: Brick and mortar brick-and-mortar retail food establishments whichthat operates on a routine basis;whichand oil-IA/that handles packaged food products. 28) Retail Food Establishment Permitwi 4-means 13a permit for a brick-and-mortarrick and mortar retail food o--tablishmentsestablishment whichthat operates on a routine basis and a eis not a multi- departmental grocery storesstore. 29) Retail Food Establishment Mobile (Restricted Operation) means a-A mobile food unit whichthat only handles packaged food products such as prepackaged novelty ice cream. 30) Retail Food Establishment Mobile means -4a mobile food unit whichthat handles and/or prepares unpackaged food items. 31) Sampling means the preparation of food as an example, instruction, or for marketing purposes at an event including but not limited to, a farmers market, fair, restaurant food show, or other similar event that is served, sold, or otherwise offered for human consumption 32) Sample Permit means able-to-provide an add on permit that allows a food establishment to provide open samples of their products to customers prior to sale at locations other than their permitted food establishment. Pre packaged samples meeting the requirements of cottage food law are not required to have a sampling permit. A sampling permit must meet the sanitation requirements of a temporary food event. Sampling permits do not have to be tied to a public event,_o ^le event „r celebration annually iermifted ostablishmont shall allow sampling by another entity at their site unless a sampling permit has been issuer) by the recjulatory a„th„rit„ A sampling permit is not required to provide samples within a permitted food establishment. If a third-party retailer is providing samples within an establishment it is the responsibility of the permitted food establishment to ensure that are meeting the food safety standards outlined in this ordinance. 33) Shared Community Kitchen means a retail food establishment kitchen designed to accommodate multiple businesses either through the use of time sharing or separate spaces. Shared community kitchen spaces may also serve as commissary and/or central preparation facilities to mobile food units. These can help growing businesses reduce overhead cost while ensuing the retail food establishment standards are maintained. Soft serve means a food similar to ice cream which is created by the combination of air and dairy based ingredients in a machine at the point of sale. 34. State f erules means the state rules found at 25 Texas Administrative Code, §§ 228.1, 228.2, 228.31_ 228.32 228/5, 228.61-228.8364, 228.101 228.125, 228.141-228.15�i................ 228.171 228.172- 228.186, 228.201211, 228.213, 228.221-228.225, 228.241-228.257246 as amended b the Texas Legislature from time to time.., and 228.271 228.278. These rules are also known as the Texas Food Establishment Rules (TFER[SJN811[JM9lismio]). [SJN11] 35) Third-party Delivery Service means an individual or business that advertises to the public that they are available to hire to transport food in exchange for a fee. Also called a common carrier. 36) Temporary Event Coordinator, also known as the promoter, meansls the person responsible for sponsoring or organizing and/or advertising the activities of an event and for facilitation of utilities to vendors throughout the event. The event coordinator shall provide a written statement describing the event and listing all proposed temporary food establishments. The event coordinator of an event at which a temporary food establishment is operated shall ensure that a permit is obtained for each temporary food establishment. The temporary event coordinator must identify and ensure that each vendor has utilities including but not limited to maintaining access to potable water connections, backflow prevention, proper wastewater and grease disposal, electrical needs of vendors, toilet facilities, crowd control, trash control, securing qualified temporary food vendors, and coordinating the PAGE7OF31 PAGES AGENDA ITEM NO. 8.A health and safety of invited quests. A temporary event coordinator is required whenever an event is expected to have 2 or more food vendors. Temporary Event means a single event or celebration which is also a public event. Public event means a planned gathering that is open to the public and advertised with fliers, banners, newspaper articles, radio or television announcements, or on an internet website as being open to the general public regardless of whether or not a fee is charged. Events shall occur once a month or less frequently per continuous operations and thus do not constitute a "single event or celebration." Location Exception at convention or event centers or city owned locations, such as parks, more than one "single event or celebration" may occur per month so long as the temporary event coordinator application is submitted along with the temporary food service application so that the regulatory authority can determine whether the event is unique and the"single event or celebration" is the only one of it's kind. 37) Temporary Food Service FacilityEvent Permit means a food facility that operates for a temporary period of time_ recognized charity) or other public event. Public event means a planned gathering that is open to the The facility operates at a fixed location for no longer than 7-14 consecutive days. No more than 15 temporary event permits will be issued per business or applicant per calenoar year. If an establishment wishes to operate more frequently than is permitted with a temporary permit they may upgrade to the pop-up food vendor permit. 38) Vend and vending means any act or process by which food is offered free of charge or offered, exchanged, transferred, or otherwise made available to another party in return for monetary payment, barter,trade, or any other form of consideration, regardless of whether such transaction occurs through physical or electronic means for human consumptionto sell, serve or otherwise provide food for human consumption rice ardless of whether a fee is charged. -�[SJN12][sJrvi3] (Ord. No. 53 2015, § 1, 11 17 2015) Sec.26 •122 . - Rules of state board of health adopted. The O;sity adopts by reference the provisions of the current rules or the rules as amended by the state Board of Health found in 25 Texas Administrative Code, §§ 228.1, 228.2, 228.31—,.228.4532, 228.61- 228.3364, 228.101 228.125, 228.141-228.454143, 228.171—,_228.4-5.6172, 228.201211. 228.213, 228.221-228.225, and 228.241-228.257246 , and 228.271 228.278. regarding the regulation of food establishments as amended by the Texas Legislature from time to time. V'iSi)N Y. —FOOD ESTABLISHMENTS[71 Sec. 58-222. - Permit required. A person rnayshall not operate a retail food establishment nor vend food without a valid, current permit issued by the regulatory authority unless exempt herein. Permits are not transferable from one person to another or from one location to another location, except as otherwise permitted by this division. A valid permit must be posted in or on every food establishment regulated by this division. Sec. 58-223. - Compliance required; posting; term; fee. A) Only persons who comply with the requirements of this division shall be entitled to receive and retain a permit required by this subdivision. Such permit shall be posted in a conspicuous place in public view in or on the food establishment. All permits issued under this subdivision remain in force one year from the date of issuance unless revoked or suspended. The following permits will be issued under this subdivision. Fees shall be established by separate ordinance: 1) Retail Food Establishment (Restricted Operation): Valid for 1 year. PAGE 8 OF 31 PAGES AGENDA ITEM NO. 8.A 2) Retail Food Establishment: Valid for 1 year. a) Small: 0-2500 sq ft b) Medium: 2501-5000 sq ft c) Large: 5001 +sq ft 3) Retail Food Establishment Mobile (Restricted Operation):Valid for 1 year. 4) Retail Food Establishment Mobile:Valid for 1 year. 5) Multi-departmental Grocery Store:Valid for 1 year. a) Which may include a combination of the following endorsements: i) Deli ii) Snack Bar iii) Bakery iv) Meat Market v) Fish Market vi) Produce Market vii) Other Department 6) Caterer:Valid for 1 year. 7) Ghost Kitchen:Valid for 1 year. 8) Pop-Up Food Vendor:Valid for 1 year. 9) Shared Community Kitchen:Valid for 1 year. 10) Frozen Dessert:Valid for 1 year. 11) Sample Permit:Valid for the event duration not to exceed 14 days. 12) Temporary Event Coordinator:Valid for the length of the event not to exceed 14 days. 13) Temporary Event Permit:Valid for event duration not to exceed 14 days. 14) Concession Stand:Valid for 1 year. 15) Farmer's Market:Valid for 1 year. 16) Farmer's Market Vendor:Valid for 1 year. B) Permit-exempt entities, such as non-profit organizations, shall still comply with all sections herein. Sec. 58-224. - Review of plans. All applicants for a food establishment mustshall fill out and turn insubmit a plan review packet in a form provided by the Health Districtregulatory authority to include a basic facility layout drawing. Whenever a food establishment is constructed or more than 20 percent of its square footage is remodeled or whenever an existing structure is converted to use as a food establishment, plans and specifications properly prepared for such construction, remodeling or conversion shall be submitted to the City of Wichita Falls Building Inspection Division for dissemination to the regulatory authority for review before work is begun, except mobile food units which shall submit plans directly to the regulatory authority. 1) The submitted plans and specifications shall indicate the proposed layout, equipment arrangement, mechanical plans and construction of materials of work areas, and the type and model of proposed fixed equipment and facilities. 2) Food establishments that have been closed and are being reopened under new management as the same type of establishment shall be required to submit new equipment specifications and a floor plan of the food establishment. 3) The regulatory authority shall approve the plans and specifications if they meet the requirements of the rules adopted by this division. The approved plans and specifications must be followed in construction, remodeling or conversion. 4) Failure to follow the approved plans and specifications w+14may result in a permit denial, suspension, or revocation. The regulatory authorityyshall collect fees in consideration of reviewing plans as established by separate ordinance. Sec. 58-225. -Application and renewal. PAGE 9 OF 31 PAGES AGENDA ITEM NO. 8.A Any person desiring to operate a food establishment mustshall make a written application for a permit on forms provided by the regulatory authority. 1shal4sJN141[JM1s][sJN16]he application must be submitted with the applicable fee. An incomplete application will not be accepted. Failure to provide all required information or falsifying information required may result in denial or revocation of the permit. All permits issued under this subdivision shall remain in force for one year from the date of issuance unless revoked or suspended by the regulatory authority. 1) The permit fee may be prorated to align with any other existing permit expiration date for other inspection services at the same establishment. Examples include but are not limited to: a hotel with a lodging establishment permit, aquatic facility permit, and retail food establishment. 2) Permit fees shall be paid to the regulatory authority at the time of application for initial permits and 15 days prior to permit expiration for renewal permits. 3) All permit holders, including nonprofits,that submit renewal applications or fees after the permit expires will be assessed a late fee. A complete application with updated information is required for each renewal permit. Any changes to the physical facility, menu or equipment must be reported to the regulatory authority when renewing permits. Secs. 58-226. — Physical Facilities Physical Facilities shall be constructed and operated in compliance with the standards listed in this section in addition to the requirements of FDA Food Code, Chapter 6—Physical Facilities [JMv][sJNls]and the Texas Food Establishment Rules. 1) Floors, walls, and ceilings in food preparation or ware washing areas of food establishments shall be smooth, nonabsorbent, durable, and easily cleanable as determined by the regulatory authority. 2) Walls including non-supporting partitions, wall covering and ceilings of the walk-in refrigeration units, food preparation areas, equipment and utensil washing areas, toilet rooms and vestibules should be light in color or meet the requirements and approval of the regulatory authority. 3) Darker-colored coverings for the items listed in (2) of this section may require additional lighting, as specified in FDA Food Code, §6-303.11[JM19][sJN2o], or meet the requirements set by the regulatory authority, to allow cleaning of the surface. 4) Plumbing a) Hot water and cold water under pressure must be available to all sinks. b) Backflow Prevention i) An air gap between the water supply inlet and the flood level rim of the plumbing fixture shall be at least twice the diameter of the water supply inlet and may not be less than 25 mm (1 inch). ii) A backflow or backsiphonage prevention device installed on a water supply system shall meet American Society of Sanitary Engineering (A.S.S.E.) standards for construction, installation, maintenance, inspection, and testing for that specific application and type of device. c) A sink used for food preparation or utensil washing, or a service sink or curbed cleaning facility used for the disposal of mop water or similar wastes, may not be provided with the handwashinq aids and devices required for a handwashinq sink as specified in FDA Food Code, §6- 301.111[JM21][sJN22] and §6-301.12 and §5-501.16(C). i) Food employees shall clean their hands in a handwashinq sink or approved automatic handwashinq facility and may not clean their hands in a sink used for food preparation or warewashinq, or in a service sink or a curbed cleaning facility used for the disposal of mop water and similar liquid waste. d) Food preparation sinks, handwashinq sinks, and warewashinq sinks and equipment may not be used for the cleaning of maintenance tools, the preparation or holding of maintenance materials, or the disposal of mop water and similar liquid wastes. 5) Manual Warewashinq Sinks a) Except as specified in (d) of this subsection, a sink with at least 3 compartments shall be provided for manually washing, rinsing, and sanitizing equipment and utensils. PAGE 10 OF 31 PAGES AGENDA ITEM NO. 8.A b) Sink compartments shall be large enough to accommodate immersion of the larqest equipment and utensils. If equipment or utensils are too large for the warewashinq sink, a warewashinq machine or alternative equipment as specified in (c) of this subsection shall be used. c) Alternative manual warewashinq equipment may be used when there are special cleaning needs or constraints and its use is approved. Alternative manual warewashing equipment may include: i) High-pressure detergent sprayers; ii) Low-or line-pressure spray detergent foamers; iii) Other task-specific cleaning equipment; iv) Brushes or other implements; v) 2-compartment sinks as specified under(d) and (e) of this subsection; or vi) Receptacles that substitute for the compartments of a multicompartment sink. d) Before a 2-compartment sink is used: i) The permit holder shall have its use approved; and ii) The permit holder shall limit the number of kitchenware items cleaned and sanitized in the 2- compartment sink, and shall limit warewashing to batch operations for cleaning kitchenware such as between cutting one type of raw meat and another or cleanup at the end of a shift, and shall: iii) Make up the cleaning and sanitizing solutions immediately before use and drain them immediately after use, and iv) Use a detergent-sanitizer to sanitize and apply the detergent-sanitizer in accordance with the manufacturer's label instructions and as specified in FDA Food Code, §4-501.115, or v) Use a hot water sanitization immersion step as specified in FDA Food Code §4-603.16(C). e) A 2-compartment sink may not be used for warewashinq operations where cleaning and sanitizing solutions are used for a continuous or intermittent flow of kitchenware or tableware in an ongoing warewashinq process. f) Sinks and drainboards of warewashinq sinks and machines shall be self-draining. 6) Service Sink or Curbed Cleaning Facility a) At least 1 service sink or 1 curbed cleaning facility equipped with a floor drain shall be provided and conveniently located for the cleaning of mops or similar wet floor cleaning tools and for the disposal of mop water and similar liquid waste. b) Toilets and urinals may not be used as a service sink for the disposal of mop water and similar liquid waste. 7) Handwashinq Sinks a) Handwashinq sinks shall be located within 20 unobstructed linear feet of a food preparation or warewashinq areas and in, or immediately adjacent to, toilet rooms. i) A doorway or cased opening, with or without a door, is considered an obstruction and handwashinq sinks shall be installed on both sides of the doorway or opening in these areas of food preparation and warewashinq. b) A handwashinq sink shall be equipped to provide water at a temperature of at least 38°C (100°F) through a mixing valve or combination faucet. i) A steam mixing valve may not be used at a handwashinq sink. ii) A self-closing, slow-closing, or metering faucet shall provide a flow of water for at least 15 seconds without the need to reactivate the faucet. iii) An automatic handwashinq facility shall be installed in accordance with manufacturer's instructions. c) Each handwashinq sink shall be provided with the following: i) A supply of hand cleaning liquid, powder, or bar soap; ii) An approved method of hand drying: (1) Individual, disposable towels; (2) A continuous towel system that supplies the user with a clean towel; or (3) A heated-air hand drying device if the faucet provides automatic water; or (4) A hand drying device that employs an air-knife system that delivers high velocity, pressurized air at ambient temperatures if the faucet provides automatic water. iii) A handwashinq sink that is provided with disposable towels shall be provided with a waste receptacle as specified in FDA Food Code, §5-501.16(C). PAGE 11 OF 31 PAGES AGENDA ITEM NO. 8.A iv) A sign or poster that notifies food employees to wash their hands shall be provided at all handwashinq sinks used by food employees and shall be clearly visible to food employees. v) A sign or poster that notifies food employees to report symptoms and diagnosis information about their health as it relates to diseases that are transmissible through food shall be provided at all handwashing sinks used by food employees and shall be clearly visible to food employees. vi) A handwashinq sink may not be used for purposes other than handwashinq. 8) This section shall not apply to existing food establishments in operation with a valid food establishment permit in existence on the date of adoption of this chapter. Food establishments that contain physical features that are not in compliance with this section and that present a clear threat to public health, safety, or welfare shall be required to bring said physical feature into conformance with this section. All new or extensively remodeled food establishments shall comply with the physical facility standards set forth in this section and all other applicable regulations within the City of Wichita Falls Code of Ordinances. Extensive remodeling shall mean the repair or alteration of 50% or more of the existing square footage of an existing building, a change of occupancy, an addition, or the relocation of an existing building. (Ord. No. 53 2015, § 1, 11 17 2015) Sec. 58--22726 '123. - Cleaning standards for commercial cooking equipment adopted. 1) Multiuse food contact surfaces shall be: a) Smooth; b) Free of breaks, open seams, cracks, chips, inclusions, pits, and similar imperfections; c) Free of sham internal angles, corners, and crevices; d) Finished to have smooth welds and joints; and e) Except as specified in (2) of this section, accessible for cleaning and inspection by one of the following methods: i) Without being disassembled, ii) By disassembling without the use of tools, or iii) By easy disassembling with the use of handheld tools commonly available to maintenance and cleaning personnel such as screwdrivers, pliers, open-end wrenches, and Allen wrenches. 2) Subparagraph (1)(e) of this section does not apply to cooking oil storage tanks, distribution lines for cooking oils, or beverage syrup lines or tubes. 3) All food equipment in use for commercial cooking within the city must be certified or classified for sanitation by an American National Standards Institute (ANSI) accredited certification program. Standards applicable to the materials, design and construction of commercial cooking equipment shall apply only to equipment installed after December 3, 2009. Food equipment, found to be in good repair, which is certified or classified for Sanitation by National Sanitation Foundation (NSF) or the American National Standards Institute (ANSI) will be deemed to comply with (1) of this section. The use of equipment explicitly designed and labeled for"household use only" is prohibited within the confines of a retail food establishment. Such prohibition extends to all appliances, apparatuses, and machinery not certified nor intended for commercial food service operations. Eguii ment labeled "household use only' shall not be used in a retail food establishment.[SJN231 Sec. 58--228. - Certified Food Protection Manager and Food Handler Requirements. Certified Food Protection Manager 1) The original food manager certificate shall be posted in the food establishment in a location that is conspicuous to consumers. 2) Except as specified in sub a aohsection (3) below, a certified food protection manager shall be present at scheduled and available to the food establishment or pop-up food vendor during all hours of operation as required in FDA Food Code, §2-101.11 and §2-102.12. PAGE 12 OF 31 PAGES AGENDA ITEM NO. 8.A 3) A certified food protection manager is not required for food establishments deemed by the regulatory authority to pose minimal risk of causing, or contributing to, foodborne illness based on the nature of the operation and extent of food preparation, such as but not limited to: a) establishments that handle only prepackaged food and do not package food; b) establishments that do not prepare or handle exposed time/Temperature Control for Safety [JM24][SJN25][SJN26](TCS), as defined by the FDA Food Code; or c) temporary and samnlinn food establishments are exempt from the requirements in subsection (b) of this section. Food Handlers 1) All food employees, except for the certified food protection manager, that prepare or handle exposed Time/Temperature Control for Safety (TCS) food shall successfully complete an accredited food handler training course, prior to preparing or handling exposed TCS food. 2) Volunteers working with exposed TCS food are not required to have a valid food handler's card provided that they are under direct supervision of a person who has a valid Certified Food Protection Manager Certificate or food handler's certificate. 3) The food establishment shall maintain on premises a certificate of completion of the food handler training course for each food employee. Sec. 58-229. - Food handlers and certified food manager's training certificate training courses accepted. The regulatory authority shall accept training issued by all companies or programs approved by the Texas Department of State Health Services under 25 Texas Administrative Code §228.31 or a course accredited by the American National Standards Institute. Sec. 58-230. - Inspections Permit Inspections: 1) The regulatory authority shall inspect the food establishment prior to the issuance of the food establishment permit to determine compliance with any approved plans and specifications, compliance with other requirements of this chapter, and whether a certificate of occupancy has been issued for the building in which the establishment is to be located. Upon making such findings,the regulatory authority may issue a food establishment permit subject to: annual renewal, continued compliance with the provisions of this chapter, and the existence of a valid certificate of occupancy for the building in which the establishment is located. Routine Inspections: 1) The regulatory authority shall routinely inspect a food establishment, including permit-exempt food establishments, at a frequency which is determined by a prioritization schedule based upon assessment of the food establishment's history of compliance and potential risk factors of causing foodborne illness according to 25 Tex. Admin. Code § 228.244, as amended, and evaluated by the regulatory authority. 2) Inspection frequency of a food establishments may be increased, at the regulatory authority's discretion, and as often as necessary for the enforcement of this chapter and for any conditions listed in this chapter such as: a) Prior nonconformance with this chapter or with state or federal regulations, including priority items or priority foundation items, as defined in FDA Food Code 1-201.10; b) Prior violations of this chapter or with state or federal requirements, including core items as defined in FDA Food Code 1-201.10; c) Prior complaints investigated and found to be valid by the regulatory authority; d) Hazards associated with the particular foods that are prepared, stored, or served at the food establishment; e) The type of operations, including the methods and extent of food storage, preparation, and service; f) If the primary population served is a highly susceptible population; and q) Any other risk factors deemed relevant to the operation by the regulatory authority. 3) Food establishments shall receive a deduction of three points [JM27][SJN28]for each violation of a priority item, deduction of two points for each violation of a priority foundation item, and deduction of one point for each violation of a core item, as defined by the Texas Food Establishment Rules, as found by an inspector during an inspection. PAGE 13 OF 31 PAGES AGENDA ITEM NO. 8.A a) Food establishments that score between 70 to 79 points will be inspected quarterly until three consecutive inspections in which a score of 85 points or more is met. b) Food establishments that score 69 points or less shall constitute an imminent health hazard and the food establishment shall immediately cease operations and remain closed until the regulatory authority conducts a reinspection. The inspector shall endeavor to perform a reinspection as soon as possible. It shall be the responsibility of the permit holder to contact the regulatory authority of and schedule a reinspection and pay the reinspection fee prior to the reinspection being conducted. The food establishment shall remain closed until a reinspection of the food establishment results in a score of 80 points or more. c) Food establishments that score 69 points or less, upon resuming operations based on the requirements of division (3)(b) above, shall be inspected one time per month for three consecutive months. During these consecutive monthly inspections, a reinspection fee will be paid for each inspection. The food establishment must attain a score of 80 points or more in each consecutive inspection. If any one of the three consecutive follow-up insspestieRsinspections is below a 80, the establishment will continue to receive follow-up inspections until three consecutive inspections score 80 or higher. 4) Based upon the scoring process outlined in divisior►subsection (3) above a letter grade for each food establishment shall be determined by the regulatory authority. The grade of each food establishment shall be evidenced by the posting of an inspection card as outlined in the following division (1). a) Grade cards shall be provided by the regulatory authority and shall be posted in a conspicuous place, so as to be clearly visible to the general public and to the patrons entering the food establishment. i) The grade of each food establishment shall be evidenced by the posting of a grade card in the form of a matrix barcode (QR code) provided by the regulatory authority. ii) Grade cards shall be posted in a location as directed and determined at the discretion of the regulatory authority to ensure proper notice to the general public and to patrons. iii) The grade card shall be posted in a location which is accessible to all food establishment patrons to scan with a mobile device. The QR code will direct patrons to an online posting in which the most recent inspection score and letter grade for the food establishment will be available and that is managed by the regulatory authority. iv) In the event that a mobile or other device is unavailable in order to use the QR code function, food establishments will have readily available and furnish a copy of their most recent inspection report, upon request, to the public for viewing. b) In the event that a food establishment is operated in the same building or space as a separately licensed or permitted business, or in the event that a food establishment shares a common patron entrance with such a separately licensed or permitted business, or in the event of both, the letter qrade card shall be posted in the initial patron contact area, or in a location determined at the discretion of the regulatory authority. c) The grade card shall not be altered, defaced, marred, camouflaged, hidden or removed. It shall be unlawful to operate a food establishment unless the letter grade card is in place as set forth in this chapter. Removal or alteration of the letter grade card is a violation of this chapter and may result in the suspension or revocation of the food establishment permit. d) In the event the grade card is lost or stolen, it is the responsibility of the owner and/or manager to notify the regulatory authority for a replacement card. Complaint Investigations: 1) The regulatory authority may investigate complaints related to this ordinance. 2) The regulatory authority may take and retain samples of food and other substances used in the preparation of food and examine it for the detection of unwholesome and deleterious qualities. The regulatory authority may condemn and forbid the sale of or cause to be removed or destroyed, any food which is adulterated, tainted, diseased, fermented, decaying or otherwise unwholesome, unclean or deleterious to health. The owner, operator or other person in charge of such food shall immediately and in the presence of the regulatory authority, destroy such adulterated, tainted, diseased, fermented, decaying or otherwise unwholesome, unclean food as directed by the regulatory authority. 3) Denial of access by a food establishment to the regulatory authority shall be cause for suspension or revocation of the food establishment's permit. PAGE 14 OF 31 PAGES AGENDA ITEM NO. 8.A (Ord. No. 53 2015, § 1, 11 17 2015) Sec. 26 '12,1 . - Compliance with applicable laws required. All persons who manage, operate, accept employment in, or are employed in any food establishment shall comply with all applicable federal and state statutes and regulations and with all applicable sections of this Code and city ordinances[SJN29][JM3o]j1sJN3i]. Lhe health authority may adopt arlrro„C��,; i-E-r"CS-ti-:1.....-�-t"..'i .r "C'"c',thth.: .i4 k—:t-t tli' ' '•:. -` '.r:. �_,... ..�rr.hi required in the health authority's professional judgementjudgment, and authorized by law,to protect against health hazards or nuisances. When the health authority reasonably determines as a matter of professional judgementjudgment that no health hazard or nuisances will result from a particular activity or method of conduct, the health authority may waive or modify the requirements of this chapter.[SJN32][JM33][sJN3a] (Ord. No. 53 2015, § 1, 11 17 2015) Secs. 26 /125 26 /150. Reserved. DIVISION 2. FOOD SERVICE ESTABLISI FENTS Footnotes: (7) Editor's note Ord. No. 53 2015, § 2, adopted Nov. 17, 2015, amended Div. 2 in its entirety to read as herein set out. Former Div.2, §§26 •176 26 •183,26 511 26 516, pertained to similar subject matter, and derived from Code 2001, §§ 26 •176 26 •183, 26 511 26 516; Ord. No. 81 2009, § 1, adopted Nov. 3, 2009; and Ord. No. 0,1 2015, §§ 2, 3, adopted Jan. 6, 2015. Subdivision I. In General Secs. 26 '151 26 •175. Reserved. Subdivision II. Permit Sec. 26 •176. Permit required. except as otherwise permitted by this division. A valid permit must be posted per section 26 '179 in or on avery food establishment regulated by this division. (Ord. No. 53 2015, § 2, 11 17 2015) Sec. 26 •177. Application and renewal. a. Any person desiring to operate a food establishment must make written application for a permit on forms provided by the regulatory authority. The application must contain the name and address of each applicant,the location and type of the proposed food establishment and an„information required by section 26 •180.[SJN35] The application must be submitted with the applicable fee. An incomplete application will not be accepted. b. Failure to provide all required information or falsifying information required may result in denial or revocation of the permit. c. All permits issued under this subdivision shall remain in force for ono year from the date of issuanco unless revoked or suspended by the regulatory authority. Permit fees shall be paid to the regulatory authority when renewing permits. (Ord. No. 53 2015, § 2, 11 17 2015) Sec. 26 •1 78. Inspection. Prior to the approval of an initial food establishment permit or the renewal of an existing permit, the laws and state rules.A food establishment that does not comply with applicable laws and state rules will bo denied a permit or the renewal of a permit. (Ord. No. 53 2015, § 2, 11 17 2015) Sec. 26 '179. Compliance required; posting; term; fee. (1) Only persons who comply with the requirements of this division shall be entitled to receive and retain a permit required by this subdivision. Such permit shall be posted in a conspicuous place in public PAGE 15 OF 31 PAGES AGENDA ITEM NO. 8.A view in or on the food establishment.All permits issued under this subdivision remain in force one year from the date of issuance unless revoked or suspended. (2) The following permits will be issued under this subdivision: a. Process 1: Low to moderate risk. This process involves food sale with or without preparation and Vend. b. Process 2: High risk. This process involves food preparation for same day service. Generally, the steps-iin thiis p�oossss are: Receive * St,�torre —*Pre e—' C,�w^4— _* Servr•"o c. Process 3:Very high risk. This process involves complex food preparation—Generally, the steps in his pprocessss are• ceive S#�ePrep�e Cook Cool Reheat Hot Hold Sere r� �--a�vm��--a�vvr—T rrvcr�T r-r-rvic��--verve Additionally, this process permit is required for: a. Any prepared foods that require a Hazard Analysis Critical Control Point Plan as defined by 25 Texas Administrative Code § 228.2 (6,1). b. Any foods prepared for highly susceptible populations; or c. Foods determined by the health district to be very high risk. d. Temporary events. These events last no more than seven consecutive days and applicants are limited to seven temporary event permits per year. No annually permitted establishment shall allow temporary event food vending at their site unless a temporary event application has been submitted to the regulatory authority. o. Seasonal permit. Any facility which operates for a period of no more than six consecutive months out of a 12 month period from January to December and has a limited menu that does not offer very high risk foods may apply for a seasonal permit instead of a Process 1 or 2 permit. (Ord. No. 53 2015, § 2, 11 17 2015) Sec. 26 •180. Review of plans. (1) Whenever a food establishment is constructed or more than 20 percent of its square footage is remodeled or whenever an existing structure is converted to use- a fond establishmen+ plans and specifications properly prepared for such construction, remodeling or conversion shall be submitted to tho City of Wichita Falls Building Inspection Division for dissemination to the regulatory a„thorit„ fnr review before work is begun, except mobile food units which shall submit plans directly to the regulatory authority. If the structure is over 2,500 square feet or the cost of the structure exceeds $50,000.00, the plans must be submitted by an architect or engineer.The submitted plans and and model of proposed fixed equipment and facilities. Every commissary shall additionally submit plans showing refrigerated and dry storage areas res^p,^,+ fnr mobile ni+ se Food establishments +h a+ have pened under new management as the same type of establishment shall bo authority shall approve the plans and specifications if they meet the requirements of the rules adopted by this division. The approved plans and specifications must be followed in construction, remodeling or conversion . (2) Failure to follow the approved plans and specifications will result in a permit denial, suspension, or revocation. (3) The regulatory authority may collect fees in consideration of reviewing plans as established by separate ordinance. (Ord. No. 53 2015, § 2, 11 17 2015) Sec. 58-232. —Modification Wherever there are practical difficulties involved in carrying out the provisions of this code, the regulatory authority shall have the authority to grant modifications for individual cases, upon application, provided the regulatory authority shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, or life, or safety of structural requirements. PAGE 16 OF 31 PAGES AGENDA ITEM NO. 8.A Sec. 26 '18158-2332. - Suspension. 1) If during the course of an inspection, the operation of the food establishment constitutes an imminent hazard to public health the regulatory authority may offer the owner or manager of the food establishment the choice to (voluntarily close[JM36][sJN37]. Voluntary closure must last until the imminent hazard has been resolved and a facility may not reopen until cleared by the regulatory authority. The regulatory authority may, without warning, notice, or hearing, suspend any permit to operate a food establishment if the operation of the food establishment constitutes an imminent hazard to public health. A supervisor at the regulatory authority will confirm the hazard before suspension is effective when possible. Suspension is effective upon service of the written notice required by this subdivision. When a permit is suspended, food operations shall immediately ceas 3nd a sign provided by the regulatory authority shall be posted in a visible Vocation to customers. The regulatory authority may end the suspension at any time if the reason for suspension no longer exists. +- 4+- Whenever a permit is suspended, the holder of the permit or the person in charge of the food establishment at the time of suspension shall be notified in writing that the permit is, upon service of the notice, immediately suspended. Opportunity An opportunii) for a hearing will be provided if the holder of the permit files a written request with the regulatory authority within ten days of receipt of written notice of suspension. Whenever a permit is suspended and a request for hearing made, the holder of the permit shall be afforded a hearing within 20-ten[JM381[sJN39]_days of the receipt by the regulatory authority of a request for a hearing. If no written request for a hearing is filed within ten days,the suspension is sustained.The regulatory authority may end the suspension at any time if reasons for suspension no longer exist. (Ord. No. 53 2015, § 2, 11 17 2015} Sec.26 '18258-23 3. - Revocation of permit. The regulatory authority may, after providing opportunity for a hearing, revoke a food establishment permit for serious or repeated violations of any of the requirements of this division ordinanc, or for interference with the regulatory authority in the performance of its duties. Prior to revocation,the regulatory authority shall notify the holder of the permit or the person in charge of the food establishment at the time of revocation, in writing, of the reason for which the permit is subject to revocation. The permit shall be revoked at the end of ten days following service of such notice unless the holder of the permit files a written request for a hearing with the regulatory authority within such ten-day period. If no request for a hearing is filed within the ten-day period, the revocation of the permit becomes final. A permit holder is not eligible to reapply for a food permit for 9U Jays following the revocation of a permit. (Ord. No. 53 2015, § 2, 11 17 2015} Sec. 26 •18358-2v'4. - Service of notice; conduct of hearings. (a} ` A notice as required in this subdivision is properly served when it is delivered to the holder of the permit or the person in charge of the food establishment at the time of the notice or when it is sent by registered or certified mail, return receipt requested, to the last known address of the holder of the permit. A copy of the notice shall be filed in the records of the regulatory authority. 4-4 The regulatory authority shall conduct the hearings provided for in this subdivision at a time and place designated by the regulatory authority. Based upon the recorded evidence of such hearing, the regulatory authority shall make final findings and shall sustain, modify or rescind any notice or order considered in the hearing. The regulatory authority shall furnish a written report of the hearing decision to the holder of the permit. (e} aThe regulatory authority may charge re-inspection fees for compliance inspections scheduled as a result of a revocation hearing that may require additional inspections. Fee amounts will be set by separate ordinance. PAGE 17 OF 31 PAGES AGENDA ITEM NO. 8.A DIVISION III —SPECIALIZED FOOD ESTABLISHMENTS Sec. 58-2365.—General. Specialized food establishments must comply with the rules in Division I and II unless there is an exception in this section. SUB-DIVISION 1-TEMPORARY FOOD ESTABLISHMENTS Sec. 58-2376.—Temporary Food Establishments Food establishments such as temporary event permit holders, pop-up food vendor permit holders, and sampling permit holders must comply with this section. 1) 1-he regulatory authority may impose additional requirements to protect against health hazards related to the conduct of the temporary food establishment[JM4o][sJN4i], may prohibit the sale of some or all time and temperature control for safety foods (TCS foods), and when no health hazard will result, such as children's neighborhood beverage stands, may waive or modify requirements of this chapter. (a) Foods that are not prepared on-site or that require extensive preparation or cooking must be prepared at a licensed food establishment. (b) Each temporary establishment may be required by the regulatory authority to have at least one person on-site who has a minimum of an accredited food handler certification. 2) All food temperature requirements shall be met as contained in FDA Food Code, Subparts 3-202, 3-401-403, and 3-501, Texas Food Establishment Rules 228.62 (relating to Specifications for Receiving), and Texas Food Establishment Rules §228.64 (relating to Donation of Foods). 3) Ice that is consumed or that contacts food shall have been made under conditions meeting the requirements of Food CodoFDA Food Code, Chapter 3 - Food. The ice shall be obtained only in blocked, chipped, crushed, or cubed form and in single-use safe plastic or wet-strength paper bags filled and sealed at the point of manufacture. Ice for consumption shall be held in the bags until it is dispensed and be dispensed in a way that protects it from contamination. 4) Equipment and utensils. (a) Design and construction. Equipment and utensils shall be designed and constructed to be durable and to retain their characteristic qualities under normal use conditions. (b) Location and installation. Equipment shall be located and installed and cleaned in a way that prevents food contamination and that also facilitates cleaning of the temporary food establishment. (c) Hot and cold holding equipment. Equipment for cooling or heating food and holding cold or hot food shall be adequate in number and capacity to provide food temperatures as specified in FDA Food Code, Subparts 3-401-403 and 3-501. (d) Protection from contamination. Food-contact surfaces of equipment shall be protected from contamination by consumers and other sources. Where necessary to prevent contamination, effective shields for such equipment shall be provided. (e) Alternative manual warewashinq. Alternative manual warewashinq equipment, such as receptacles that substitute for the compartments of a three-compartment sink, may be used when there are special cleaning needs or constraints and the regulatory authority has approved the use of alternative equipment. Each compartment shall be large enough to immerse the largest piece of equipment that will be used.A means to heat water must also be provided. 5) Single-service articles.A temporary food establishment shall provide only single-service articles for use by the consumer. 6) Water. (a) Water from an approved source shall be made available in a temporary food establishment for food preparation, handwashinq, and for cleaninq and sanitizing utensils and equipment. (b) Water does not need to be under pressure but shall come from approved sources which include: PAGE 18 OF 31 PAGES AGENDA ITEM NO. 8.A (1) commercially bottled drinking water; (2) closed portable water containers; (3) enclosed vehicular water tanks; (4) on-premise water storage tanks; or (5) piping, tubing or hoses connected to an approved source. 7) Wet storage. Packaged food may not be stored in direct contact with ice or water if the food is subject to the entry of water because of the nature of its packaging, wrapping, or container or its positioning in the ice or water. 8) Sewage. All waste water and sewage generated from the temporary food establishment shall be disposed of through an approved sanitary sewage system that is: (a) a public sewage system; or (b) an individual sewage disposal system that is sized, constructed, maintained, and operated according to 30 TAC Chapter 285 (relating to On-Site Sewage Facilities). 9) Handwashinq. Handwashinq facilities shall include a container with a spigot that provides potable, clean, warm water; a wastewater container; soap; disposable towels; and a waste receptacle. Handwashinq facilities are not required if the only food items offered are commercially pre- packaged foods that are dispensed in their original containers. 10) Floors. If graded to drain, a floor may be concrete, machine-laid asphalt,dirt, or gravel covered with mats, plywood, removable platforms, duckboards if covered with mats, or other suitable materials approved by the regulatory authority, such as tarps, that effectively control dust and mud. 11) Ceilings and outer openings of food preparation areas. (a) Walls and Ceilings. Walls and ceilings shall be made of wood, canvas, or other materials that protect the interior of the establishment from the weather, windblown dust, birds, and debris. (b) Outer openings.The outer openings shall be protected against entry of insects and rodents (1) 16 mesh to 25.4 millimeters (16 mesh to 1 inch) screens; (2) properly designed and installed air curtains; or (3) other effective means. (c) Exclusion provision. Paragraph (b) of this subsection does not apply if flying insects and other pests are absent due to the location of the temporary food establishment or other limiting conditions. SUB-DIVISION 2- MOBILE FOOD ESTABLISHMENTS (Ord. No. 53 2015, § 2, 11 17 2015) Secs. 26 '181 26 510. Reserved. Subdivision III. Frozen Dessert Regulations Sec. 26 511. Frozen dessert standards. (1) All frozen desserts must meet the following standards: a Maximum tomnorofiuro: Al donreeS Fahrenheit. b. Maximum total coliform: 150/ml. (2) All soft serve must meet the following standard: Maximum standard plate count: 200,000/ml. (Ord. No. 53 2015, § 2, 11 17 2015) Sec. 26_512. Frozen desssserk certification required (a) Every food establishment that prepares, serves, provides, sells, displays or stores for future sale, or offers for sale frozen desserts for human cons„mpti„n m6ust have a frozen dessert certification in addition to its permit, regardless of permit category. PAGE 19 OF 31 PAGES AGENDA ITEM NO. 8.A (b) In order to receive and maintain a frozen dessert certification: a. One employee from each mobile, stationary, temporary, seasonal or permanent facility or location operation, cleaning and maintenance procedures. b. At least one sample of any frozen dessert pre mix and one sample of any final frozen dessert shall be sampled annually by the r o--tablishment. Each sample will be submittedlaboratory for analysis of its content. c. If any samples collected from a food establishment are not within the standards established in section 26 511, additional samples will be collected and an inspection of the equipment and facility will be conducted to determine the reason for the violation of the standards. No food establishment shall adopt any procedures that would result in repeated failures of the first samples collected for any annual inspection. Two consecutive frozen dessert samples determined by laboratory analysis to be above the limits of the standards will result in suspension of the permit to operate the food establishment or suspension of the frozen dessert certification. A resample and inspection fee will (c) The certification shall be posted in a conspicuous place in public view. (d) All certifications issued under this subdivision shall remain in force for one year from the date of issuance unless revoked or suspended. (Ord. No. 53 2015, § 2, 11 17 2015) Sec. 26 513. Suspension, revocation and reinstatement of frozen dessert certification. (a) A frozen dessert certification issued under this subdivision may be suspended or revoked by tho regulatory authority upon the violation by the holder of any of the terms of this article. (b) Any person or food establishment whose frozen dessert certification has been suspended or revoked shall immediately discontinue the preparation, service, provision, sale, display or storage for future reinstated. Following correction, the applicant may request reinstatement of the certification by the regulatory authority. The regulatory authority may require the certification holder to demonstrate proper (c) Notice of suspension or revocation, and the conduct of hearing for any suspension or revocation of through 26 •183. (Ord. No. 53 2015, § 2, 11 17 2015) Sec.26-51'l.. - Labei�olming. All frozen dessert products and frozen dessert pre mix not sold at the point of manufactured origin must be properly labeled according to current Food and Drug Administration guidelines. (Ord. No. 53 2015, § 2, 11 17 2015) Sec. 26 515. Vending without certification. It shall be unlawful for any person to prepare, serve, provide, sell, display or store for future sale, or offer for sale frozen desserts at a food establishment that does not hold a current frozen dessert certification. (Ord. No. 53 2015, § 2, 11 17 2015) Sec. 26 516. Possession or receiving from manufacturer without certification. PAGE 20 OF 31 PAGES AGENDA ITEM NO. 8.A storage for future sale ice cream mix or frozen dessert pre mix without first applying for all required permits and certifications from the regulatory authority[SJN,12]. (Ord. No. 53 2015, § 2, 11 17 2015) Subdivision IV . Dog Patios Sec. 26 517. Requirements for Dogs in Outdoor Dining {„,14-00,,food-sepAGe-establish-rn-e-nt-rnay-pe-rmit-a-customef of dining area if: b. the customer and dog access the area directly from the exterior of the establishment; E the clog does not enter the interior of the establishment; d. the customer keeps the dog on a leech and controls the dog; c. the customer does not allow the dog on a seat, table, countertop, or similar surface; and i. in the area, the establishment does not: ii.prepare food; or iii.permit open food other than food that is being served to a customer. (Ord. No. 31 2016, § 1, 9 6 2016) Secs. 26 518 26 5,1,1. Reserved. DIVISION 3 _ FOOD HANDLER S TRAINING CERTIFICATE Footnotes: (8) Editor's note Ord. No. 53 2015, § 3, adopted Nov. 17, 2015, amended Div. 3 in its entirety to read as herein set out. Former Div. 3, §§ 26 5,15 26 550, pertained to similar subject matter, and derived from Code 2001, §§ 26 5,15 26 5,1 9; Ord. No. 81 2009, § 1, adopted Nov. 3, 2009; and Ord. No. 01 2015, §'1, adopted Jan. 6, 2016. Sec. 26 5,15. Food handler's training certificate required. It shall be unlawful for any person to accept employment in any food establishment without securing a food handler's training certificate. It shall be unlawful for any person operating or managing any food person has obtained either a current temporary receipt issued under section 26 5,18 or a current food handler's training certificate. (Ord. No. 53 2015, § 3, 11 17 2015) Sec. 26 5,16. Application and administration. successfully complete a training approved by the regulatory authority, Texas Department of State Health It is the responsibility of the person in charge of the food establishment to keep a certificate of completion of the training course for all employees of the food establishment-available on site for compliance review by the inspector. (Ord. No. 53 2015, § 3, 11 17 2015) Sec. 26 5,17. Temporary receipt; issuance. (a) When an applicant for a certificate required by this division makes application to the regulatory authority, a temporary receipt, valid for 30 calendar days, will be issued to the applicant to allow the applicant to continue employment at a food establishment while completing the food handler's training certificate course. Applicants are limited to one successive temporary receipt. If an applicant has not successfully completed the food handler's training course by the time the temporary receipt expires, the applicant cannot continue employment as a food handler. PAGE 21 OF 31 PAGES AGENDA ITEM NO. 8.A (b) Upon successful completion of the training course, the regulatory authority will issue a food handler's training certificate, which shall expire two years-from the date of the food handler's certificate honored after January 1, 2020. (Ord. No. 53 2015, § 3, 11 17 2015) Sec. 26 548. Food handler's training certificate training courses accepted. The regulatory authority shall accept training issued by all companies or programs approved by the Texas by the American National Standards Institute. (Ord. No. 53 2015, § 3, 11 17 2015) Sec. 26 549. Fee. A fee shall be charged by the health district for completing the food handler's training certificate. There (Ord. No. 53 2015, § 3, 11 17 2015) Secs. 26 550 26 569. Reserved. DIVISION '1. MOBILE FOOD VENDORS Footnotes: (9) Editor's note Ord. No. 53 2015, § '1, adopted Nov. 17, 2015, amended Div. '1 in its entirety to read as Ord. No. 01 2015, § 5, adopted Jan. 6, 2015. Sec. 26 57058-238.—Permit requirements.r,lcbile Food Establishments (a} No person shall operate a mobile food unit who does not possess a valid, current mobile food unit permit from the regulatory authority as provided in this article. A valid permit sticker shall be displayed in an area visible LL— ,;ustomers by a mobile food u;._ The permit for a mobile food unit shall specify the typo or pushcart to be used in the food vending operation. (#) A person seeking a mobile food unit permit from the regulatory authority shall make application on a form provided by the regulatory authority, and shall provide all of the information listed in the following subsections as part of the application: a- The name and address of the owner and operator; A copy of a current driver's license of the owner and operator, if the mobile food unit is to be powered by a motor or towed; G,L. If the applicant represents a corporation, limited liability company, association, or partnership, the names and addresses of the persons responsible for the entity's operations; d-d;The name under which the mobile food unit will be operated; ae`A description of the type of food or the specific foods to be vended; f,p_The manner of mobile food vending operation to be conducted; A description of all vehicles to be used in the mobile food unit operation along with the license or registration and vehicle identification number of said vehicles, and a copy of the current certificate of liability for all said vehicles; h- The address and food establishment permit number of the central preparation facility for all vehicles to be used in the mobile food unit operation; and +- Any other information required by the regulatory authority as it pertains to the safe operation of the mobile food unit. (s} Upon receiving a proper application for a mobile food unit permit, the regulatory authority shall inspect the location, food, equipment, vehicles and other reasonable matters concerning the mobile food unit operation and shall issue a permit and a sticker only if: a The application complies with :tlbsecti n. (b); and PAGE 22 OF 31 PAGES AGENDA ITEM NO. 8.A Ig,L The inspection reveals compliance with the applicable requirements of all federal and state statutes and regulations, and city ordinances governing the proposed mobile food unit operation. 3) Mobile foou L.dit permits shall be valid for one year from the date; issuance unless suspended or revoked. to any central preparation facility fees. (e) A valid permit sticker shall be displayed by a mobile food unit. (f) Mobile food unit permits shall be valid for one year from the date of issuance unless suspended or revoked. (g)4) Mobile food unit permits shall not be transferred or assigned and shall be considered revoked should the character of the food vending operation be changed from that specified in the permit. (h}F" Every mobile food unit permit shall be renewed each year in like manner as the original permit application. (.4 The regulatory authority shall make routine, unannounced inspections of mobile food units,mobile food pushcarts, outdoor food courts, and commissaries when applicable, to determine whether or not the operation is being conducted in such a manner as to comply with the conditions of the permit, the provisions of this article, other applicable city ordinances and state and federal statutes, regulations and rules. The regulatory authority may take and retain samples of food and other substances used in the preparation of food and examine it for the detection of unwholesome and deleterious qualities. The regulatory authority may condemn and forbid the sale of or cause to be removed or destroyed, any food which is adulterated, tainted, diseased, fermented, decaying or otherwise unwholesome, unclean or deleterious to health. The owner, operator or other person in charge of such food shall immediately and in the presence of the regulatory authority, destroy such adulterated, tainted, diseased, fermented, decaying or otherwise unwholesome, unclean food as directed by the regulatory authority. 8) Denial of access by a food establishment to the regulatory authority shall be cause for suspension or revocation of the food establishment's permit. (Ord. No. 53 2015, § '1, 11 17 2015) Sec. 26 571. - Operation requirements and restrictions. Mobile food units are subject to the following requirements and restrictions unless specifically addressed otherwise: it shall h with zoning regulations4SJN43tJM44][sJN45] Mobile food units shall comply with all zoning regulations. (1) It shall be unlawful to operate any mobile food unit handli (TCS) as defined by Chapter 25 of the Texas Administrative Code, Section 228.2(1,1,1) unless the mobile food unit is commercially manufactured. (2)2) It shall be unlawful for a person to vend on any portion of city streets where the speed limit exceeds 30 miles per hour or on four-lane divided roadways. (3)3' It shall be unlawful for a person to vend from a mobile food unit within an "active school crossing zone" as defined by the Texas Transportation Code. (4)4 It shall be unlawful for a person to vend from a mobile food unit unless the mobile food unit is lawfully parked or stopped. (5)5) It shall be unlawful for a person to vend from the side of the mobile food unit facing moving traffic. Mobile food units shall vend from as near as possible to the curb or edge of the street. (6)6 It shall be unlawful for a person to vend from a mobile food unit to a person standing in the roadway. (7}7 It shall be unlawful for a person to stop a mobile food unit on the left side of a one-way street to vend. (1)8) It shall be unlawful for a person to vend from a mobile food unit on a street unless there is a clear view of the mobile food unit for a distance of 200 feet in each direction. PAGE 23 OF 31 PAGES AGENDA ITEM NO. 8.A to tables, chairs or benches for customer seating. This prohibition does not apply to approved outdoor (10) _14-s-h-al-l-be-u-n-lawful-fe-r-a-pe-r-se-n-to-rn-ake-an-y-alte-ratieremovalaftach-rn-e-ntsel-aee-rne-nt-of-change in, under or upon a mobile food unit that would prevent or otherwise reduce ready mobility. (Ord. No. 53 2015, § 4, 11 17 2015) Sec. 26 57258-24C. - Sanitation requirements for all mobile food units. General. 1) Except as otherwise provided in this paragraph and in a arhsection (2) of this subsection below, the regulatory authority: a) may impose additional requirements to protect against health hazards related to the conduct of the food establishment as a mobile operation; b) may prohibit the sale of some or all time and temperature control for safety foods (TCS foods); and c) when no health hazard will result, may waive or modify requirements of this section relating to physical facilities, except those requirements as specified in paragraphs (7)-(9) of this subsection, subsection (c)(1)(A) - (E) of this section, and Feed-C-edeFDA Food Code, Subparts 3-401, 3-402, 3-403, 3-404, and 3-501. 2) Restricted operation. a) A mobile food unit that serves only food that is prepared, packaged in individual servings, transported and stored under conditions meeting the requirements of this chapter, or beverages that are non-time and temperature control for safety food and are dispensed from covered urns or other protected equipment, need not comply with the requirements of this chapter, relating to the necessity of water and sewage systems nor to those requirements, relating to the cleaning and sanitization of equipment and utensils if the required equipment for cleaning and sanitization exists at its central preparation facility. 3) Readily movable. a) The regulatory authority prohibits alteration, removal, attachments, additions, placement, or change in, under, or upon the mobile food unit that prevents or otherwise reduces ready mobility. b) A regulatory authority may require a mobile food unit to come, on an annual basis or as often as required, to a location designated by the regulatory authority as proof that the mobile food unit is readily moveable. 4) Initial Permitting Inspection. a) The mobile food unit shall #-come to a location designated by the regulatory authority for inspection and permit approval. The mobile unit must be totally operable at time of inspection, including handwash facilities, warewash facilities, refrigeration, and wastewater disposal. Required documentation to have available includes: i) Certified Food Protection Manager Certification. ii) Central Preparation Facility Authorization (if required). A signed letter of authorization is required, to verify facility use, if the central preparation facility is not owned by the mobile unit operator. iii) Central Preparation Facility Inspection Report. A copy of the most current health inspection of the central preparation facility must be maintained on the mobile unit at all times. iv) Servicing Area Authorization.A signed letter of authorization may be required by the regulatory authority to verify service area use, if the servicing area is not owned by the mobile unit operator. v) Menu. A menu of all food items to be sold. 5) Single-service articles. A mobile food unit shall provide only single service articles for use by the consumer. 6) Equipment, numbers, and capacities. a) Cooling, heating, and holding capacities. Equipment for cooling and heating food, and holding cold and hot food, shall be sufficient in number and capacity to provide food temperatures as specified under Food CodoFDA Food Code, Chapter 3- Food. b) Manual ware washing, sink compartment requirements. PAGE 24 OF 31 PAGES AGENDA ITEM NO. 8.A (i) A sink with at least three compartments shall be provided for manually washing, rinsing, and sanitizing equipment and utensils as specified in Food CodoFDA Food Code, Paragraph 4- 301.12(A). (ii) Sink compartments shall be large enough to accommodate immersion of the largest equipment and utensils as specified in Food CodcFDA Food Code, Paragraph 4301.12(B). c) At least one handwashing sink equipped to provide water of at least 38°C (100°F)through a mixing valve or combination faucet shall be available for convenient use by employees and properly provisioned with a supply of hand cleaning liquid, powder, or bar soap and disposable towels. 7) Mobile water system materials, design, and operation. Mobile food unit water systems shall meet the requirements of Food CodoFDA Food Code, Part 5-3. 8) Mobile food unit drinking water tank shall meet the requirements of Food CodoFDA Food Code, §5- 303.13. a) Fill hose and water holding tank shall be labeled as "Potable Water." b) Drinking water in a mobile food unit holding tank shall be tested for contamination by sampling upon request by the regulatory authority. 9) Sewage and other liquid waste. a) If liquid waste results from operation of a mobile food unit, the waste shall be stored in a permanently installed retention tank for waste retention. b) A leak-proof sewage holding tank in an mobile food unit shall be: c) Sized 15% larger than the water supply tank d) Slopped to a drain that is 25mm(1 inch) in inner diameter or greater, equipped with a shut-off valve. e) All connections on the vehicle for servicing the mobile food unit waste disposal facilities shall be of a different size or type than those used for supplying potable water to the mobile food unit. f) Discharge liquid waste shall not be discharged from the retention tank while the mobile food unit is in motion. q) Flushing a waste retention tank shall meet the requirements o, Food CodoFDA Food Code, §5- 402.15. h) Removing mobile food unit wastes: i) Sewage shall be conveyed to the point of disposal through an approved sanitary sewage system or other system, including use of sewage transport vehicles, waste retention tanks, pumps, pipes, hoses, and connections that are constructed, maintained, and operated according to law. i) Liquid waste holding tank shall be labeled as "waste water." 10) Mobile food unit water and wastewater exemption. a) A mobile food unit that sells only prepackaged food is exempt from the requirements of this chapter relating to water and wastewater. b) A mobile food unit that prepares food requiring no water for operations and no hand contact with food is exempt from the requirements of this chapter relating to water and wastewater if the required cleaning and sanitization equipment exists at its central preparation facility. Chemically treated towelettes for handwashing may be used as specified in Food CodoFDA Food Code, Paragraph 5- 203.11(C) if approved by the regulatory authority in advance. 11) Toilet rooms, convenience and accessibility. Toilet rooms shall be conveniently located and accessible to employees during all hours of operation. Central preparation facility. 1) Supplies, cleaning, and servicing operations. An mobile food unit shall operate from a central preparation facility or other fixed food establishment and shall report to such location daily for supplies, cleaning, and servicing operations. a) Mobile food units shall keep a log of all visits to the central preparation facility. 2) Construction. a) The central preparation facility or other fixed food establishment, used as a base of operation for an mobile food unit,shall be constructed and operated in compliance with the requirements of Food CodoFDA Food Code, Chapter 6 —Physical Facilities. 3) Outdoor servicing area and operations. a) Protection. i) A mobile food unit servicing area shall include at least overhead protection for any supplying, cleaning,or servicing operation.Those areas used only for the loading of water or the discharge PAGE 25 OF 31 PAGES AGENDA ITEM NO. 8.A of sewage and other liquid waste, through the use of a closed system of hoses, need not be provided with overhead protection. ii) Within the servicing area, the location provided for the flushing and drainage of liquid wastes shall be separate from the location provided for potable water servicing and for the loading and unloading of food and related supplies. iii) A servicing area will not be required where only packaged food is placed on the mobile food unit or where a mobile food unit does not contain waste retention tanks. iv) The surface of the servicing area shall be constructed of a smooth nonabsorbent material,such as concrete or machine-laid asphalt and shall be maintained in good repair, kept clean, and be graded to drain. v) Potable water servicing equipment shall be installed in the servicing area according to the Plumbing Code and shall be stored and handled in a way that protects the water and equipment from contamination. b) Construction exemption. The construction of the walls and ceilings of the servicing area is exempted from the provisions of Food CodcFDA Food Code, §6-201.11. Mobile food units (including mobile food pushcarts) shall comply with the following requirements. These requirements pertain to all such establishments unless specifically addressed otherwise: i. Mobile food units shall comply with all sanitation and construction regulations as outlined in 25 Texas Administrative Code Rule 228.221 as adopted in this chapter unless specifically addressed in this section. ii. A mobile food unit shall be operated from a central preparation facility and shall report to the central preparation facility each day of operation for all cleaning and servicing operations. The mobile food unit shall acquire needed supplies from the central preparation facility or other approved source.The mobile food unit shall provide documentation of each visit to the central preparation facility and shall have that documentation available for inspection. Mobile food units dispensing fresh fish and shrimp, prepackaged novelty ice cream, whole, uncut fruit and vegetables and individual portion sizo exempt from this provision. iii. Certain foods shall require additional equipment or sanitation procedures to ensure safety: (1) Mobile food units that sell snow cones, shaved ice, or raspas shall provide a gravity fed hand washing system, soap, and paper towels at the establishment. Such establishments shall be designed so as to enable the operator of the unit to protect the equipment, syrup, ice and utensils used in the operation of the unit from dust, insects and rodents while the unit is in transit or overnight storage. (2) Mobile food units or mobile food pushcarts that sell shrimp, fish, shellfish, or crustacea shall be maintained at/1 1° Fahrenheit or below, and stored in either a mechanical refrigeration unit, or in ice in a clean and sanitized container with a lid Ina must he from an approved source Additionally, the establishment must install a three-compartment sink, plumbed with hot (minimum 110° F) and cold running water under pressure, for the purpose of cleaning and sanitizing the food contact surfaces of equipment and utensils. A hand wash sink"equipped to provide water at a temperat ure of at least 1000 F through a mixing valve or combination faucet" shall also be provided and furnished with soap and paper towels. iv. Liquid waste resulting from any mobile vending operation shall be stored in permanently installed retention tanks of at least 15 percent larger capacity than the water s„ppl„tank b„t of no less than 30 gallon capacity and shall be drained and thoroughly flushed during servicing operations ell liquid waste shall be discharged to an approved sanitary sewage disposal system at the central preparation facility v. All food that requires packaging or advance preparation by the mobile food unit shall be processed in the central preparation facility. vi. Mobile food units which are parked and engaged in operations shall provide waste containers for customers sufficient to handle the volume of waste generated by the mobile food unit.Waste containers PAGE 26 OF 31 PAGES AGENDA ITEM NO. 8.A (Ord. No. 53 2015, § '1, 11 17 2015) Sec. 26 573. Sanitation requirements for mobile food units with facilities to prepare food. shall comply with the following additional requirements: at least overhead protection for any supplying, cleaning or sorvicing operation \ Within this ser icing area, there shall be a location provided for the flushing and the draining of liquid waste separate from the location provided for water servicing and for the loading and the unloading of food and related supplies. arrival and departure from the central preparation facility. The mobile food unit will make available for cleaning and sanitizing, and hand washing. The water inlet shall be located in such a position that it will not be contaminated by waste discharge, roams , be-i-N-us-ed-te-fill-th-e-stefage-fasility--The-wate-r-i-n4et-s-h-al-I-Ige-provid-ed-with-a-tc-ans-itian-GO-13121-erutio-n-ef-a shall be constructed and installed in accordance with public health and plumbing standards as set out by the ordinances of the city. The water for said operations shall be from an approved source. (d) Either of the following shall be provided by the mobile food unit for its operations: (1) A heating device of sufficient capacity to produce 110° Fahrenheit hot water; or M\ An instantaneous heater capable of producing 110° Fahrenheit hot water. (f) Any additional equipment or the arrangement thereof other than approved when the permit was issued (Ord. No. 53 2015, § '1, 11 17 2015) Sec. 26 57,1. Sanitation requirements for mobile food pushcarts. be met by mobile food pushcarts: • All equipment utilized in the mobile food pushcart shall have prior approval of the regulatory authority. • Snow cone, shaved ice, and raspa vendors shall provide a gravity fed hand washing station on the mobile food pushcart. Soap and paper towels are to be provided. Waste water from hand washing is to • Any additional equipment or the arrangement thereof other than approved when the permit was issued • The mobile food pushcart shall be located in clean surroundings, on concrete, brick or equally impervious around and maintainer) in a clean and sanitary condition • It shall be unlawful for a mobile food pushcart to operate on the public streets and city parks. • The mobile food unit pushcart shall be cleaned and serviced at the contral preparation facility at tho shall acquire needed supplies from the central preparation facility or other approved source.The mobilo food unit shall provide documentation of each visit to the central preparation facility and shall have that documentation available for inspection. • Each mobile food pushcart vending food in storage containers open to the air shall: a. Provide only single service articles for use by consumers; and b. Set aside a separate space for non food related items. PAGE 27 OF 31 PAGES AGENDA ITEM NO. 8.A • Each mobile food pushcart shall have a stainless steel hand wash lavatory and a stainless steel sink This subsection does not apply to mobile food hand cards vending only prep • Each mobile food pushcart shall provide and have available for the public a fly proof, lidded trash container for the disposal of refuse. Such trash container may be either on the mobile food pushcart or located conveniently nearby. • Each mobile food pushcart employing butane or propane tanks shall comply with any and all applicablo fire department regulation- Crnund fault interrupters may be required bythe fire department ac a safety equipped with an approved fire extinguisher with a 24 10BC ratinn food pushcart and cover its top surface. • No advertising shall be permitted on any mobile food pushcart except for the posting of prices, tho identification of the name of the product, and the name of the vendor. (Ord. No. 53 2015, § '1, 11 17 2015) Sec. 26 575. Operation requirements and restrictions for outdoor food courts. (a) Outdoor food courts shall comply with the following requirements: (b) The property must comply with all provisions of Appendices A and B of this Code; (c) All outdoor food courts that provide overnight connections must have an adequately sized and permitted grease trap. (d) All mobile food units that are unable to comply with the requirements of this subsection shall be its next day of operation; and (e) A restroom equipped with flush type toilets and properly plumbed to a sanitary sewage system with sufficient capacity to meet the needs of the outdoor food court's mobile food units and customers sinks, soap, hot and cold water and either hand towels or forced air hand dryers. (f) Permanent pavilions and seating areas for customers may be provided at an outdoor food court. (g) If the outdoor food court provides adequate contral preparation facility and storage for the mobilo food units as determined by the health district, those mobile food units may be exempt from the central preparation facility requirements of this article during such time a premises. (Ord. No. 53 2015, § 4, 11 17 2015) PAGE 28 OF 31 PAGES AGENDA ITEM NO. 8.A Secs. 26 576 26 690. Reserved. SUB-DIVISION 3- FROZEN DESSERTS Sec. 58-241. - Frozen dessert standards. Frozen desserts and mix shall comply with the standards set out in TAC Title 25, 217.45. Sec. 58-242. - Frozen dessert permit required. 1) Every food establishment that prepares, serves, provides, sells, displays or stores for future sale, or offers for sale frozen desserts whist}that are dairyseddairy-based,--contain dairy, or a dairy alternative prepared in a frozen dessert mixing machine for human consumption must have a frozen dessert permit in addition to its permit, regardless of permit category. 2) Samples any frozen dessert pre-mix or any final frozen dessert product may be sampled by the regulatory authority from each machine operated by a food establishment. Each sample will be submitted to an approved laboratory for analysis of its content. a) If any samples collected from a food establishment are not within the standards established in 'section 58-241{pM/16i isJN17}additional samples may be collected and an inspection of the equipment and facility may be conducted to determine the reason for the violation of the standards. b) No food establishment shall adopt any procedures that would result in repeated failures of the first samples collected. c) Two consecutive frozen dessert samples determined by laboratory analysis to be above the limits of the standards may result in suspension of the permit to operate the food establishment or suspension of the frozen dessert permit. d) A resample and re-inspection fee will be charged for each consecutive inspection and sample tested after a permit has been suspended. 3) The permit shall be posted in a conspicuous place in public view. 4) All permits issued under this subdivision shall remain in force for one year from the date of issuance unless revoked or suspended. Sec. 58-243. - Suspension, revocation and reinstatement of frozen dessert permit. 1) A frozen dessert permit issued under this subdivision may be suspended or revoked by the regulatory authority upon the violation by the holder of any of the terms of this article. 2) Any person or food establishment whose frozen dessert permit has been suspended or revoked shall immediately discontinue the preparation, service, provision, sale, display or storage for future sale of frozen dessert until the defects that caused the suspension have been corrected and the permit reinstated. 3) Following correction, the applicant may request reinstatement of the permit by the regulatory authority. The regulatory authority may require the permit holder to demonstrate proper cleaning procedures and maintenance of the frozen dessert equipment before reinstating the permit. 4) Notice of suspension or revocation, and the conduct of hearing for any suspension or revocation of a frozen dessert permit shall be conducted under the procedures established in Division II Sec. 58-244. - Labeling. All frozen dessert products and frozen dessert pre-mix not sold at the point of manufactured origin must be properly labeled according to current Food and Druq Administration guidelines. Sec. 58-245. - Vending without certification. It shall be unlawful for any person to prepare, serve, provide, sell, display or store for future sale, or offer for sale frozen desserts without a current frozen dessert permit. SUB-DIVISION 4—DOG PATIOS Sec. 58-246. Requirements for Dogs in Outdoor Dining A food service establishment may permit a customer to be accompanied by a dog in an outdoor dining area if: 1) The establishment posts a sign in a conspicuous location stating that dogs are permitted. 2) The customer and dog access the area directly from the exterior of the establishment. 3) The dog does not enter the interior of the establishment. PAGE 29 OF 31 PAGES AGENDA ITEM NO. 4) The customer keeps the doq on a leash and controls the doq. 5) The customer does not allow the doq on a seat, table, countertop, or similar surface; and the establishment does not prepare food in the area or permit open food other than food that is being served to a customer. The requirements described in this section do not apply to a service animal, as defined by Texas Health and Safety Code Section 437.023(c) SUB-DIVISION 5—BED AND BREAKFASTS Sec. 58-247. Bed and Breakfast Food Establishments 1) General. a) A bed and breakfast extended, in addition to licensing with the applicable regulatory authority, shall comply with the minimum requirements of this section if the establishment: i) has more than seven rooms for rent; or ii) provides food service other than breakfast to overnight guests. b) A bed and breakfast food establishment that provides food service to customers in addition to its overnight quests must comply with the rules and regulations applicable to retail food establishments, including licensing with the applicable regulatory authority. c) A bed and breakfast limited: i) has seven or fewer rooms for rent; ii) serves only breakfast to overnight quests; iii) is not a retail food establishment; and iv) complies with subsection (b) of this section. 2) Certified food protection manager.The owner or manager shall successfully complete a food manager's certification course accredited by this department. 3) Food supplies. Food shall be obtained from approved sources in accordance with Food Code, Subpart 3-201, Texas Food Establishment Rules §228.61 (relating to Approved Sources for Exotic Game Animals), and Texas Food Establishment Rules §228.62 (relating to Specifications for Receiving) and shall be in sound condition and be safe for human consumption. 4) Food preparation and protection. a) Food preparation and protection. Food shall be prepared and protected in accordance with Food CodoFDA Food Code, Chapter 3 - Food. b) Temperature requirements. All food temperature requirements shall be met as contained in Food CodoFDA Food Code, Subparts 3-202, 3-401-403, and 3-501, Texas Food Establishment Rules §228.62, and Texas Food Establishment Rules §228.64 of this chapter (relating to Donation of Foods). 5) Cleaning and sanitizing. a) Manual. A three-compartment sink shall be used if washing, rinsing, and sanitizing of utensils and equipment is done manually; or a two-compartment sink may be utilized if single service tableware is provided, and if an approved detergent sanitizer is used. b) Mechanical. Cleaning and sanitizing may be done by spray-type or immersion dishwashing machines or by any other type of machine or device if it is demonstrated that it thoroughly cleans and sanitizes equipment and utensils either by chemical or mechanical sanitization. 6) Personal hygiene. Employees shall conform to good hygienic practices as required in in Food CodoFDA Food Code, Subparts 2-301-304 and 2-401-402. 7) Employee restrooms. A restroom shall be available for use by employees. 8) Equipment and utensil design and construction.All equipment and utensils shall be constructed of safe materials and maintained in good repair. 9) Handwash sinks. a) Location. An accessible and conveniently located handwash sink shall be provided in or immediately adjacent to food preparation areas and restrooms. b) Intended use. Handwash sinks shall be used for no other purpose other than handwashinq. PAGE 30 OF 31 PAGES AGENDA ITEM NO. 10) Food-contact surfaces. All food contact surfaces, counters, or work surfaces in the bed and breakfast establishment shall be smooth, non-absorbent and easily cleanable. 11) Insect proof/rodent proof. a) Construction. Food service preparation and storage areas shall be constructed and maintained to prevent the entry of pests and other vermin. b) Chemical control. Pesticides and rodenticides shall be applied in accordance with Food CodcFDA Food Code, Subpart 7-206. 12) Equipment. Equipment shall be provided to maintain time and temperature control for safety foods(TCS foods) at the temperatures required in accordance with Food-GedeFDA Food Code, Chapter 3- Food. 13) Garbage receptacles. Impervious receptacles shall be provided for storage of garbage and refuse. 14) Sewage. Sewage shall be disposed through an approved facility that is: a) a public sewage system; or b) an individual sewage disposal system that is sized, constructed, maintained, and operated according to law in 30 TAC Chapter 285 (relating to On-Site Sewage Facilities). 15) Water supply. Hot and cold water under pressure shall be provided and shall be from an approved source that meets the standards in accordance with: a) state drinking water quality standards in accordance with 30 TAC §§290.38 - 290.47 (relating to Rules and Regulations for Public Water Systems), and 30 TAC §§290.101 - 290.114, 290.117 - 290.119, 290.121, and 290.122 (relating to Drinking Water Standards Governing Drinking Water Quality and Reporting Requirements for Public Water Systems); or b) private water system standards as provided in 30 TAC Chapter 290, Subchapter F (relating to Drinking Water Standards Governing Drinking Water Quality and Reporting Requirements for Public Water Systems), concerning transient noncommunity water systems. DIVISION IV— PENALTY Sec. 58—2484 Any person who violates this article shall, upon conviction of such violation, be deemed guilty of a Class C misdemeanor and subject to a fine as provided in Section 1-14. 2. Chapter 26, Art. VI — Food Establishment Rules shall be abandoned and reserved. 3. This ordinance modifying Chapter 58, including enforcement sections, shall go into effect on August 5, 2024. PASSED AND APPROVED this the 4th day of June, 2024. MAYOR ATTEST: City Clerk PAGE 31 OF 31 PAGES AGENDA ITEM NO. CITY COUNCIL AGENDA June 4, 2024 ITEM/SUBJECT: Ordinance amending Ordinance No. 52-2023, the fee schedule Section 6. Health, 6b. Environmental; providing for severability; providing that such ordinance shall not be codified; and providing an effective date. INITIATING DEPT: Health STRATEGIC GOAL: Efficiently Deliver City Services STRATEGIC OBJECTIVE: Practice effective governance COMMENTARY: The fee ordinance amendment has three components. First, an adjustment to the language, as reflected in the updated Food Ordinance. Second, fees related to the modified Food Ordinance have been updated based on increasing costs and assessments of similar regulatory fees in other cities. Third, unnecessary language in three sections was removed. This amendment includes modifications to the following: 6. Health • 6b. Environmental O 6b-1. Food Establishment Permits and Fees (Alignment with Ordinance and increased fees) O 6b-2. Feeds for Ambulance Franchises and Permits (Removal of language) O 6b-7. On-Site Sewage Facilities (OSSF) Fees (Removal of language) Staff recommends approval. ® Director of Health ASSOCIATED INFORMATION: Ordinance ® Budget Office Review ® City Attorney Review ®City Manager Approval PAGE 1 OF 9 PAGES AGENDA ITEM NO. 8.B Ordinance No. Ordinance Amending Ordinance No. 52-2023, the fee schedule Section 6. Health, 6b. Environmental; providing for severability; providing that such ordinance shall not be codified; and providing an effective date WHEREAS, the amendment of the recodified Code of Ordinances requires that a separate ordinance be passed incorporating fees to be applied to City operations; and, WHEREAS, City Staff has studied the cost of providing the services and enforcing the regulatory schemes which are currently not being covered by existing fees; and WHEREAS, after receiving and reviewing the aforementioned costs, the City Council finds that fees established herein do not exceed the amount reasonably necessary to provide the services and administer and enforce the regulatory programs to which they are related; and WHEREAS, City Council finds that the fees described herein are necessary to provide for the services and regulated programs. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1. The following schedule of fees and charges shall be adopted for the City of Wichita Falls Environmental Health operations which are authorized to create or enforce such fees by state or federal law or by the Code of Ordinances: 6. Health 6a. Animal Services (1) Licenses: • Spayed or neutered Animal: o One-year: $10.00 o Two-year: $15.00 o Three-year: $21.00 • Animal that is not spayed or neutered: o One-year: $31.00 o Two-year: $62.00 o Three-year: $93.00 • Dangerous Animal o One-year: $412.00 • Duplicate city tag: $7.00 (2) Annual permits: • Commercial: PAGE 2 OF 9 PAGES AGENDA ITEM NO. 8.B o Fowl, Rabbit, Guinea Pig, Ferret: $155.00 o Grooming Shop: $155.00 o Kennel: $129.00 o Performing Animal, Petting Zoo, Circus: $155.00 o Pet Store: $155.00 o Private Animal Shelter: $155.00 o Stable, Riding School: $155.00 o Permit Reapplication Fee: $52.00 o Permit Reinspection Fee: $26.00 • Residential: o Fowl: $31.00 o Livestock: $77.00 o Livestock with identification: $57.00 o Pet Fancier: $52.00 o Project Animal: $21.00 o Rabbit: $26.00 o Swine: $46.00 o Permit Reapplication Fee: $26.00 o Permit Reinspection Fee: $26.00 (3) Special permits: • Feral Cat Colony: $10.00 • Litter: $103.00 per litter • Sellers: $258.00 per litter • Stud: $103.00 per breeding (4) Impound fees: • Spayed or neutered Animal. O 1st impound: $46.00 O 2nd impound in any 36-month period: $82.00 O 3rd impound in any 36-month period: $108.00 O 4th impound in any 36-month period: $134.00 + $26.00 for each additional impound • Animal that is not spayed or neutered. O 1st impound: $52.00 O 2nd impound in any 36-month period: $93.00 ASC will transport to veterinarian for spay/neuter • Small Animal (birds, rabbits, guinea pigs, snakes, hamsters, fish, etc.) impound: $10.00 • Small livestock. o Impound Fee: $67.00 • Large livestock. o Impound Fee: $129.00 (5) Daily boarding fees: • Small Animal (birds, rabbits, guinea pigs, snakes, hamsters, fish, etc.): $5.00 • Animal: $10.00 • Small livestock: $21.00 PAGE 3 OF 9 PAGES AGENDA ITEM NO. 8.B • Large livestock: $26.00 (6) Quarantine fees: Quarantine Vaccinations ... ... $21.00 • Ten-day quarantine fee (to be paid at beginning of quarantine): (a) Initial quarantine ..... $175.00 (b) 2nd quarantine of same animal ..... $227.00 (c) 3rd quarantine of same animal ..... $330.00 (d) 4th quarantine of same animal ... ... $433.00 (e) Any subsequent quarantine: $433.00 + $103.00 for each additional quarantine. • Daily boarding fee after 10-day quarantine: $26.00 per day • Rabies testing in lieu of quarantine: $52.00 (7) Animal surrender fee payable by owner: • Single animal: $31.00 • Litter less than 4 months old - three or less (Mom charged as single animal): $41.00 • Litter less than 4 months old -four or more (Mom charged as single animal): $62.00 • Animal Pickup Fee: $15.00 (in addition to surrender fee) (8) Deceased animal removal fee: • Animal weighing 50 lbs or less: $21.00 • Animal weighing greater than 50 Ibs: $31.00 (9) Trapping: • Small trap deposit: $62.00 • Large trap deposit: $160.00 • Trapping and animal removal fee: $36.00 for 5 days, and $10.00 for every day thereafter. • Animal removal fee - private trap: Animal weighing 50 lbs. or less: $21.00 Animal weighing 50 lbs. or more: $31.00 (10) Adoption fees: • Dog Adoption Fee: $40.00 • Cat Adoption Fee: $40.00 • Transport Fee to Veterinarian out of City limits: $26.00 • Small Animal: (birds, rabbits, guinea pigs, snakes, hamsters, fish, etc.) ..... $10.00 • Fowl: .... $3.00 • Small Livestock: (goats, sheep, pigs): .... $41.00 • Large Livestock (Horses, donkeys and cows): ..... $77.00 (11) Miscellaneous fees: • Microchipping: $10.00 • Rabies voucher: $12.00 • Late Fee Permit: $26.00 • Late Fee License: $10.00 PAGE 4 OF 9 PAGES AGENDA ITEM NO. 8.B • The health district is hereby authorized to pass along the cost of any veterinary services incurred for the care of an animal to that animal's owner, possessor, or harborer. (12) WCSO Basic Call for Service Fees • Required Trip Fee (Per Call for Service): $40.00 • Animal Pick Up Fee per animal: $10.00 6b. Environmental 6b-1. Food Establishment Permit and Certification Fees: Thcrc shall be charged the following fees for perm its, ccrtifications, and inspections by the Wichita Falls/Wichita County Local Public Health District under chapter 26, article IV, Food and food vendors and establishments: Annual Permits • Caterer: o Catering only: $270.00 o Add-on for an annually permitted establishment: $135 • Concession Stand: $135.00 • Farmer's Market: $35.00 • Farmer's Market Vendor: $0.00 • Frozen Dessert: $160.00 • Ghost Kitchen: $0.00 • Multi-departmental Grocery Store: $215.00 o An additional permitting fee of $135.00 will be charged for each of the following departments at the multi-departmental grocery store: • Deli • Meat market • Bakery • Snack bar • Fish market • Produce market • Other department • Pop-Up Food Vendor: $270.00 • Retail Food Establishment (Restricted Operation): $215.00 • Retail Food Establishment: o Small- $215.00 o Medium- $270.00 o Large- $320.00 • Retail Food Establishment Mobile (Restricted Operation): $215.00 • Retail Food Establishment Mobile: $345.00 • Shared Community Kitchen: $135.00 • Sample Permit: o Add-on for an annually permitted establishment $135.00 PAGE 5 OF 9 PAGES AGENDA ITEM NO. 8.B (2) Temporary Permits • Temporary Event Coordinator: $0.00 • Temporary permit (if turned in >_ 5 business days prior): $55.00 • Temporary permit (if turned in < 5 business days prior): $80.00 (1) Permits: Process 1 (low to moderate risk): $206.00 Proccss 2 (high risk): $232.00 Process 3 (very high risk): $309.00 Temporary events: $31.00 for non-profit event; $52.00 for for profit event • An additional permitting fee of $129.00 will be charged to a food establishment for each of the following ac�iyi�ies a� the establishment• o Mcat markct o Catcring o Bakcry o Snack bar o Fish markct o Commissary o Producc Scasonal Permits: $180.00 • Non profit organizations which arc cxcmpt from fcdcral tax liability undcr 26 U.S.C. 501(c)(3) arc cxcmpt from permit fccs, unlcss considcration is chargcd for the food scrvcd. (2) Ccrtificatien-s: • Frozcn dcsscrt cstablishmcnt ccrtification: $155.00 • Frozcn dcsscrt operator ccrtification: $21.00 for cach cmploycc valid for two ycars. • Non profit organizations which arc cxcmpt from fcdcral tax liability undcr 26 U.S.C. 501(c)(3) arc cxcmpt from ccrtification fees, unlesG considcration is chargcd for the food scrvcd. (3) Food handler's training certificatc: • Food handlcr training ccrtificatc: $21.00 • Replacement food handler's training ccrtificatcs (lost card): $5.00 ) Re-inspection fees: • Each inspection: $ 80.00 • Soft-serve sample fee: $2 30.00 (54) Plan review fees: • New construction: $ 'm .00 • Extensive remodel that requires construction: $103110.00 • Concept change that requires change of equipment: $103110.00 • Each requcsted site visit: $52.00 6b-2. Fees for Ambulance Franchises and Permits: PAGE 6 OF 9 PAGES AGENDA ITEM NO. 8.B There shall be charged the following fees for ambulance franchisc applications, Emergency services: (1) Initial franchise application fee: $515.00 (2) Annual franchise fee: $103.00 (3) Annual permit fee per ambulance: $103.00 6b-3. Body Art Fees: (1) Annual body art establishment permit fee: $618.00 (2) Initial annual body art operator license fee: $515.00 (3) Renewal annual body art operator license fee: $103.00 (4) Initial testing fee: $103.00, which covers two attempts to pass the examination, and which amount will be credited toward the initial annual body art operator license fee. (5) Additional attempts to pass the examination: $52.00, which will not be credited toward any license or permit fees. (6) Apprenticeship fee: $103.00 (7) Temporary tattoo artist fee: $52.00 (8) Temporary event permit: $258.00 6b-4. Miscellaneous Fees: (1) Foster home inspection fee: $52.00 (2) Day care inspection fee: $103.00 (3) Swimming pool permits: $206.00 per pool per year. (4) Manager of public and semi-public water-related activity operation: $52.00 per manager per year. Re-inspection fees: ... $26.00 for each failed water sample (5) Late charge for renewal of expired division 1 permits: $26.00 for every month expired. 6b-5. Lodging Permit Fee Schedule: 1-10 Rooms: $103.00 11-25 Rooms: $129.00 26-50 Rooms: $155.00 51-75 Rooms: $206.00 76-100 Rooms: $232.00 101-150 Rooms: $258.00 151-200 Rooms: $309.00 201+ Rooms: $361.00 6b-6. Vacuum Truck and Grease Trap Permit Fees: (1) Vacuum truck permit fee (per truck): $155.00 (2) Grease trap permit fee: $77.00 (3) Late fees: • Grease trap permit: $26.00 for every month expired • Vacuum truck permit: $26.00 for every month expired PAGE 7 OF 9 PAGES AGENDA ITEM NO. 8.B • Industrial wastewater permit: Five percent of permit fee (4) The rates in this section are for a permit issued for a period of one year. The control authority may prorate the amounts for permits with shorter durations, or, for initial permits only, may increase the amounts by the appropriate factor for a slightly longer period. 6b-7. On-Site Sewage Facilities (OSSF) Fees OSSF fccs arc collcctcd for inspections of new installations or inspections of existing OSS items in those arb#hat the Wichita Falls_Wichita County Dub TeallthT District has the Dcsignatcd Rcprcscntativc authority. (1) New Installation-Conventional System: $258.00 (2) New Installation-Proprietary System with ongoing maintenance: $283.00 (3) Property Transfer/Existing System Inspection: $155.00 (4) Additional Site Visits: $103.00 Note: Fees cover up to two site visits. Extra fee for additional trip. 6c. Laboratory 6c-1. Miscellaneous Laboratory Fees: (1) Water testing fees: • Total Coliform Water Testing: $17.00 • Fecal Coliform Water Testing: $21.00 (2) Fees for clinic and medically related services may be set by the city manager. 2. The fee schedule established by this ordinance shall be made available to the public through the Office of the City Clerk, and be published online in such a manner as to be available to the public. 3. Should any section or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, that decision shall not affect the validity of the ordinance as a whole or any part thereof, other than the part so declared to be invalid. 4. To the extent that the Code of Ordinances establishes the existence of a fee, this ordinance will govern the amount of that fee, but this ordinance shall not be codified. 5. This ordinance shall take effect on August 03, 2024, and it is so ordained. PAGE 8 OF 9 PAGES AGENDA ITEM NO. 8.B PASSED AND APPROVED this 4th day of June, 2024. MAYOR ATTEST: City Clerk PAGE 9 OF 9 PAGES AGENDA ITEM NO. 8.B CITY COUNCIL AGENDA June 4, 2024 ITEM/SUBJECT: Ordinance making an appropriation to the Special Revenue Fund for the Public Health Education Account in an amount up to $3,000 received from Superior Health Plan to support the Healthy Cooking Classes Initiative, and authorizing the City Manager to execute a contract accepting the same. INITIATING DEPT: Health STRATEGIC GOAL: Efficiently Deliver City Services STRATEGIC OBJECTIVE: Practice Effective Governance COMMENTARY: Superior Health Plan has been a local partner with the Health Department for many years. Staff were approached by a representative from Superior with an offer to sponsor extra cooking classes that would be offered by the Health Department. Costs for food would be reimbursed by Superior in an amount not to exceed $3,000. This sponsorship does not imply preference in Medicaid service providers, and is separate from clinical operations. Having additional funding for nutritious foods that are prepared by staff as part of the healthy cooking classes initiative will improve the reach to citizens of Wichita Falls. The performance period for this funding opportunity is June 18, 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. 8.0 Ordinance No. Ordinance making an appropriation to the Special Revenue Fund for the Public Health Education Account in an amount up to $3,000 received from Superior Health Plan to support the Healthy Cooking Classes Initiative, and authorizing the City Manager to execute a contract accepting the same WHEREAS, the Health Department and Superior Health Plan desire to enter into a contract for continued public health services; 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 $3,000 for the Healthy Cooking Classes Initiative and the City Manager is authorized to enter into a contract with Superior Health Plan for the Wichita Falls-Wichita County Public Health District. PASSED AND APPROVED this the 4th day of June, 2024. MAYOR ATTEST: City Clerk PAGE 2 OF 2 PAGES AGENDA ITEM NO. 8.0 CITY COUNCIL AGENDA June 4, 2024 ITEM/SUBJECT: Conduct a public hearing and take action on an ordinance amending the Vitek Planned Unit Development District regulations to add "services" as a permitted use to the Planned Unit Development District; determining that the meeting at which this ordinance was passed was open to the public as required by law. INITIATING DEPT: Development Services/ Planning STRATEGIC GOAL: Accelerate Economic Growth STRATEGIC OBJECTIVE: Identify and Expand Economic Development Opportunities COMMENTARY: • November 1990 — Property annexed into City limits. • May 1991 — Planned Unit Development (PUD) approved by City Council. • January 1999 — PUD amended by City Council to allow for use of radio and television transmitting towers. • April 11, 2024 — Staff met with applicant/owner, James Blake of SWWFW LLC, to discuss amending the Planned Unit Development that contains his property to allow for services. Staff outlined the process for amending the Planned Unit Development, and the applicant/ owner, soon thereafter, submitted an application. • April 19, 2024 - Planning staff mailed notifications of the proposed amendment to property owners within 200 feet of the PUD. • May 8, 2024— P&Z conducts a public hearing and recommends to the City Council approval of the amendment requested by unanimous vote. • May 15, 2024 - Notice of June 4, 2024 City Council public hearing mailed to all property owners within 200 feet of the subject property. Posted PUD Amendment signage revised to list city council public hearing date. • May 19, 2024 - Notice of June 4, 2024 City Council public hearing published in TRN. • June 4, 2024 — City Council scheduled to conduct a public hearing and consider an ordinance amending the Planned Unit Development. The applicant is seeking an amendment to an existing Planned Unit Development (PUD) to add a provision for "services" to the district regulations to allow a future tenant to open an event venue. A planned unit development district is a special zoning designation that allows deviation from traditional or straight zoning regulations to better address the needs of a property owner or developer. In creating the district, the applicant proposes a list of uses that will PAGE 1 OF 11 PAGES AGENDA ITEM NO. 8.d be allowed in the PUD that is then negotiated with the applicant, staff, neighborhood and Planning Commission, with final approval by the City Council. Staff met with the applicant/owner, James Blake of SWWFW LLC, to discuss amending the PUD to allow for services at 6232 Southwest Parkway and informed him that the PUD did not include a use classification to allow for an event venue. The commercial use of an event center is aligned and classified as "services" under the zoning code and is an allowed use by right in both the General Commercial and Heavy Industrial zoning categories, which surround the property at 6232 Southwest Parkway. Staff advised of the option to amend the PUD to allow for services. The applicant then submitted a rezone application to amend the PUD for Planning and Zoning Commission recommendation and City Council consideration for approval. Evaluation The PUD amendment proposal is situated in the southwestern portion of the City along Southwest Parkway and is primarily situated adjacent to commercial uses or undeveloped land. Staff believe proposed amendment will allow the applicant's lot to better serve its purpose in terms of keeping a commercial character for the surrounding properties. The PUD has an existing multi-tenant structure for SWWFW LLC. To the south of the subject site is a vacant lot. To the east of the PUD are utilities, religious assemblies, a residential subdivision and Memorial stadium along Southwest Parkway, part of the General Commercial, Limited Commercial, and Single Family 2 zoning districts. To the west is vacant land and a BNSF railroad. To the north is vacant land and Eagle Railcar Services. This PUD is separated from the residential uses by Southwest Parkway, vacant land to the north, vacant land to the west, vacant land to the south, and utilities to the east. If council approves the amendment to the Planned Unit Development Commercial Use (PUD-CU), services will be an allowed use by right in this PUD, and the applicant is subject to all other zoning and building code regulations for any potential project. Recommendation In accordance with State law and local ordinances, the Planning and Zoning Commission (P&Z) conducted a public hearing at their meeting on May 8, 2024, and, after consideration, unanimously recommended the approval of PUD amendment to the City Council. Staff also recommends the approval of the ordinance. ® Assistant City Manager ® Development Services Director ASSOCIATED INFORMATION: Exhibit A — Aerial Map; Exhibit B — Photos of Subject Property & Area; Exhibit C — Notification Response Map; Exhibit D — Zoning & Land Use Map; Exhibit E— Planning &Zoning Commission—May 2024 Minutes Excerpt; Ordinance PAGE 2 OF 11 PAGES AGENDA ITEM NO. 8.d ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 3 OF 11 PAGES AGENDA ITEM NO. 8.d Exhibit A — Aerial Location Map .. � a ;y tr § ,. v . $f �.. • a { f L I * III `� 4 R� &' p r. ri �- 3 �fr�, $ p r ' x • • r .e: A s,1 ] ws A" i .- r' • '. 7 E•' F•. y •I �, r ` * .-d vim! }{-. .., 6"3- .p`°V.S �V., fir. .1 y:, k . u .. fog 'Y .: • L. .. : s Ate,�,,,,� {+�f .� ry5� Egg iti:. K ,,,,,, ,7 JC+_T}1.r.. Crt• ••• -• oaaw • 6.232 Southwest Pkwy. Lu•1 ' Ea) r [P'^Gd'1B'. . • . .,. f" 7 } Ftir9JThIMrrcT_-K �. f - . -.. - 4_ 0 210 420 R 24-01 6232 Southwest Parkway Aerial Map Legend CITY Or W1OiITA FALLS.PLASHING ENVISION !Tu aN P PROQUCFD W.Ced+c oarEPlOnuxo-nAQ. �a1 Subject Property Parcels PAGE 4 OF 1 1 PAGES AGENDA ITEM NO. 8.d EXHIBIT B — Amendment Request — 6232 Southwest Pkwy. Photo 1 —View of Subject Property from Southwest Pkwy. ak ,e qr Photo 2—View south from the subject property along Southwest Pkwy. PAGE 5 OF 11 PAGES AGENDA ITEM NO. 8.d EXHIBIT B Cont. - Amendment Request — 6232 Southwest Pkwy. Photo 3—West view from Subject Property along Southwest Pkwy. 5 �ry w..r aF1Fa^^ mwmux. ,,48 4 Photo 4— East view from the subject property along Southwest Pkwy. PAGE 6 OF 11 PAGES AGENDA ITEM NO. 8.d Exhibit C - Notification Map N (302-091 -51tALLENDA_E t QO ZP Gp 1 1 -------------- F I N 1 F W cn o= I w F F p 7 s / N ,N$ 00 �w oI I N Q I d,x co/ F 1 6 I �� 232 Southwest Pkwy. 1 o= I I f N7 — 1 0 "o w 1 1 6248 I o= I 1-200ft.- I I N 7 1 0 0 1 1 M 1 1 m 1 I I I 1 I I I I t I • `�sourHwt sr P+cwY I / 10730-036) 4700 GREGG U 1 I I I i I I I i 0 90 180 360 Feet R 24-01 Legend 6232 Southwest Parkway n Subject Property Notification ResponseM '"Favor a r 1 p X Opposed L — — Notification Buffer C.TY OFVCHITA FALLS.PLANNING DIVISION U Undecided/No Opinion MAP PRODUCED BA C,dr;G H Notified Properties GATE PRODUCED.3O Apr 2024 MH Manufactured Home _ p Parcels PAGE 7 OF 11 PAGES AGENDA ITEM NO. 8.d Exhibit D — Zoning & Land Use Map CA as v, F G cqr SINGLE ,: ! FAMILY W j , Og - FAMILY N °d SINGLE Z q�ry - � ' FAMILY 1_ ''''';., ". 6232 Southwest Pkwy. SINGLE IL. FAMILY -. - - --- -. I in Sr SINGLE FAMILY t h _ SINGLE . c 4 FAMILY t :.W 0'.: SINGLE z14 FAMILY > ' Za D 5? 3'0ff.: SINGLE } u. `° t'4. ,.'.1 .-:.2:-. '.....:.:-. jj� 4 FAMILY . w Ezl. .-—1.l * SINGLE i_ 'ST. FAMILY - « ._ c.} :' s?C : SINGLE n11 -FAMILY SINGLE FAMILY :: isktt S1 c7 . . �G w 0Z oQ SOUTHWEST .rlr., W x¢ U 0 is i�' U 1411111111 VACANT COMMERCIAL& 0 INDUSTRIAL IN CITY C7 0 W ce 1 1 1 1 1 I I I 1 0 145 290 580 Feet R 24-01 6232 Southwest Parkway Legend Zoning and Land Use Map CITY--rrv-Hi TA FAuS,PLANNING DIVISION ( I Subject Property Zoning _ General Commercial MAP 1-1-2'JL1JCED EM Cedric Hu DATEFR::F.LE 12 Aprd 2024 Single Family 1 Parcels INIIIHeavy Industrial Single Family 2 PUD PP mue==w Limited Commercial PAGE 8 OF 1 1 PAGES AGENDA ITEM NO. 8.d Exhibit E MINUTES — EXCERPT PLANNING & ZONING COMMISSION May 8, 2024 PRESENT: David Cook *Chairman Blake Haney • Member Michael Grassi • Member Mark McBurnett •SAFB Liaison Matt Marrs • Member Noros Martin • Member Wayne Pharries • Member Councilor Bobby Whiteley •Council Liaison Steve Wood *Member Jeremy Woodward •Vice-Chair James McKechnie, Legal Department •City Staff Terry Floyd, Director of Development Services •City Staff Fabian Medellin, Planning Manager •City Staff Christal Cates, Planner II •City Staff Cedric Hu, Planning Technician •City Staff ABSENT: Brady Enlow •Alternate No.1 Doug McCulloch • Member Alan Sizemore •Alternate No.2 Case 24-01 — 6232 Southwest Parkway Public hearing to consider taking action on a proposed amendment to a Planned Unit Development Commercial Use (PUD-CU) located at 6232 Southwest Parkway (1.197 AC, Lot 5-B, Certain-Teed Products Addition) to allow for services. a) Public Hearing b) Take Action Chairman Cook opened the public hearing at 2:15p.m. Mr. Hu presented the case and stated the applicant, Mr. James Blake, SWWFW, LLC. was seeking to amend the existing Planned Unit Development (PUD) to add `services' to the allowed uses. The original PUD was approved in May of 1991 and amended on January 1999, did not include "services" as a permitted use. PAGE 9 OF 11 PAGES AGENDA ITEM NO. 8.d Exhibit E Continued The subject property is located in the southwest part of Wichita Falls, northwest of Memorial Stadium. The existing structure located on the property has multiple suites, housing various businesses. The property also shares a lot with the United Rental's business, east of the subject property. Mr. Hu stated the subject property is located inside an existing PUD and the proposed amendment would apply to the entire PUD and not only the subject property. Mr. Hu advised the subject property was once a part of a 13-acre tract of land that was annexed into the City of Wichita Falls in November of 1990. In January 1991, the Planning and Zoning Commission had recommended General Commercial (GC) zoning for this area. According to the original staff report for the PUD the owners responded the General Commercial (GC) zoning uses did not meet their needs. Various options were discussed with the property and land owners and the agreed outcome was the PUD. Records show the past owners proposed several uses for the PUD, however, none allowed for"services". The PUD was amended in January 1999 to include the use of Radio and Transmitting Towers as another permitted use. Staff could not determine why "services" was not added to the original PUD or the amended PUD, however, "services" are a permitted use under the General Commercial (GC) zoning district, which was the original recommendation from the Planning and Zoning Commission. Mr. Hu advised north of the PUD is the Heavy Industrial (HI) zoning district, mainly comprised of the Eagle Rail Services. To the south is Southwest Parkway, vacant land and Single Family-1 (SF-1) zoning district. To the east of the subject property is a utility station. Mr. Hu advised staff sent notices to 8 surrounding property owners located within 2OOft of the subject property and received 1 response marked no opinion/undecided and left no comment. Mr. Hu stated staff recommended approval of the amendment as submitted to the Commission. Mr. Medellin advised the Commission that the proposed use that would fall under the "services" category is for an event center. Chairman Cook asked if the applicant was present, Mr. James Blake, the owner and one of the owners stated he was present for any questions the Commission may have. Chairman Cook asked if there were any comments from the public. With no comments Chairman Cook closed the public hearing at 2:22 p.m. Mr. Cook asked for a motion. Mr. Marrs made a motion to recommend the amendment as presented with Mr. Blake Haney seconding. Mr. Cook asked if there was any discussion from the Commission. With no comments, Mr. Cook called for a vote and the motion passed unanimously 8-0. PAGE 10 OF 11 PAGES AGENDA ITEM NO. 8.d Ordinance No. Ordinance amending the Vitek Planned Unit Development District regulations to add "services" as a permitted use to the Planned Unit Development District; determining that the meeting at which this ordinance was passed was open to the public as required by law WHEREAS, the Planning and Zoning Commission recommended amending the district regulations for the Vitek Planned Unit Development District to add "services" as a permitted use; and, WHEREAS, the City Council of the City of Wichita Falls, Texas, deems that the proposed amendment to this Planned Unit Development District is in accordance with the Comprehensive Land Use Plan and in the public interest. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1. The regulations for the Vitek Industrial Park Planned Unit Development are hereby amended to add "services" to the list of permitted uses. 2. It is hereby officially found and determined that the meeting at which this ordinance was passed was open to the public as required by law. PASSED AND APPROVED this the 4th day of June 2024. MAYOR ATTEST: PAGE 11 OF 11 PAGES AGENDA ITEM NO. 8.d CITY COUNCIL AGENDA June 4, 2024 ITEM/SUBJECT: Ordinance appropriating $13,977.62 to the Special Revenue Fund for additional direct award grant revenue from the State of Texas for the Texas Department of Transportation Selective Traffic Enforcement Program ("Operation SlowDown") Wave Grant for Fiscal Year 2024 and authorizing the City Manager to accept said funds. INITIATING DEPT: Police STRATEGIC GOAL: Efficiently Deliver City Services STRATEGIC OBJECTIVE: Practice Effective Governance COMMENTARY: The City of Wichita Falls has been invited to participate in a direct award grant, also known as "Operation SlowDown," from the Texas Department of Transportation. The $13,977.62 grant is to be awarded during the Memorial Day holiday period spanning July 19, 2024 through August 4, 2024. The grant also requires a 20.41% total match from the City of Wichita Falls ($3,583.51), which will be comprised of in-kind contributions including salary related to grant administration and vehicle usage. Calculating State funding and City match, the total amount will be $17,561.13. This selective enforcement period places primary emphasis on the enforcement of speed limits in selected zones throughout the city that have been identified as problem areas for serious injury and fatality crashes. The award amount is to reimburse the City of Wichita Falls for overtime payment to off-duty officers working selective traffic enforcement during the specified holiday period. Staff recommends approval of the ordinance. ® Police Chief ASSOCIATED INFORMATION: Ordinance ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 1 OF 3 PAGES AGENDA ITEM NO. 8.E Ordinance No. Ordinance appropriating $13,977.62 to the Special Revenue Fund for additional direct award grant revenue from the State of Texas for the Texas Department of Transportation Selective Traffic Enforcement Program ("Operation SlowDown") Wave Grant for Fiscal Year 2024 and authorizing the City Manager to accept said funds WHEREAS, the City of Wichita Falls has been invited to participate in a direct award from the Texas Department of Transportation for the purpose of selective traffic enforcement; and, WHEREAS, the City of Wichita Falls will provide a 20.41% in-kind match totaling $3,583.51; and, WHEREAS, the primary emphasis will be on the enforcement of speed limits during the specified period; and, WHEREAS, the specified period will span July 19, 2024, through August 4, 2024. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: There is appropriated $13,977.62 to the Special Revenue Fund for the purpose of selective traffic enforcement as authorized in the grant from the Texas Department of Transportation, and the City Manager is authorized to execute all documents necessary to accept said funds on behalf of the City of Wichita Falls. PASSED AND APPROVED this the 4th day of June, 2024. MAYOR ATTEST: City Clerk PAGE 2 OF 3 PAGES AGENDA ITEM NO. 8.E Air TEXAS DEPARTMENT OF TRANSPORTATION 'YAWS Home Propose VG rant RFR Performance Report Supplemental' Inventory Training Materials I Organization(s) Profile Logout I PRINT VERSION I I AGO NOTE I I CHECK GLOBAL ERRORS I SNOW HELP] Document Information:2024•WichltaPl.00I yi:O(10,Q • Detalla You are here:' ' STEP-QpSlow-2024 MnQg FOOT Menu t Budget BUDGET SUMMARY Instructions: CIu:k Ire Save button t6 complete Ihie page,. Budget Category TxbOT Match Total Category I•Labor Coats i1001 Sataria5 $11.275.00 51.085.55 512.360.55 (200) Fringe Benefits $2.702.62 $260.20 S2..962.82 Category I Sub-Total 513.977.62 51.345.75 515.323.37 Category II-Other Direct Costs (300) Travel 50 Sa40.00 5a40.00 (400) Equ•pment $0 $0 $0 (500) Supplies $0 SO $0 (600) Contractual Services $0 $0 $0 (700) Other Miscellaneous SO $0 $0 Category II Sub-Total $0 S840.00 5a40.00 Total Direct Coats 513,977.62 52,185.75 $16.163.37 Category III-Indirect Costs (800) indirect Cost Rate SO S1,397.76 $1.387.75 Summary Total LaborCcsls $13,977.62 $1,345.75 $15,323.37 Total Direct Costs $0 $640.00 5840.00 Total Indirect Costs $0 S1,397.76 51.397.76 Grand Total $13,977.62 $3,503.51 $17.56113 Fund Sources(Percent Share) 79.59% 20.41% Navigation Links Ir SaFerree and Fmot Benefits-'pA 8 200 Sullivan,Sean Sullivan,Sean 414r2024 6:13704 PM 4,412024 6117:16 PM 1 Travel and Per Diem.STEP Enforcement Mdgege-36t1 Sullivan.Sean Sullivan,Sean 4/4/2024 6:23711 PM 5/3f2024 4:27:30 PM • Travel arid Par Diem.Noe-Enforcemeol Travel-30Q. • Fg prnent-400 ,• ygolies-500 [2] Contractual Services-600 PAGE 3 OF 3 PAGES AGENDA ITEM NO. 8.E CITY COUNCIL AGENDA June 4, 2024 ITEM/SUBJECT: Ordinance applying for and accepting up to $4,128,000 from the Federal Highway Administration through the Active Transportation Infrastructure Investment Program for the section of Circle Trail along Lake Wichita. INITIATING DEPT: Aviation, Traffic, & Transportation STRATEGIC GOAL: Efficiently Deliver City Services STRATEGIC OBJECTIVE: Practice Effective Government COMMENTARY: The City of Wichita Falls has been notified by the Federal Highway Administration (FHWA) of an Active Transportation Infrastructure Investment Program (ATIIP) discretionary grant opportunity. Active transportation mobility options are those powered primarily by human energy, such as bicycling and walking. Under this program, FHWA will award competitive grants to help communities plan, design, or construct safe and connected active transportation networks, including sidewalks, bikeways, and trails that connect destinations such as schools, workplaces, residences, businesses, recreation areas, and medical facilities within a community or metropolitan region. Grants will also be provided for projects used for trails, pedestrian facilities, bikeways, and other routes that serve as backbones to connect two or more communities, metropolitan regions or states. Additionally, the program allows eligible organizations to enhance their overall transportation network by integrating active transportation facilities with transit services, which improves access to public transportation. The Circle Trail project started in 1988, with the first section of trail built in Lucy Park. Through State and Federal grants, the City has completed over 23 miles of hike/bike trail. In January 2005, the City of Wichita Falls completed its first Bicycle Master Plan. The process included a number of public meetings, and the plan identified the current route of the Circle Trail, which included the section running along the north shoreline of Lake Wichita. In 2020, the Bicycle Plan was updated, and no changes were made to the Circle Trail route. With the section of Circle Trail along the Wichita River scheduled to start construction in early 2025, staff has begun exploring grant opportunities for the last section of hike/bike trail located along the north shoreline of Lake Wichita. This grant process will be highly competitive, and the application will request funding for engineering and construction. While the grant requires a minimum project size of$7.5 million, The FHWA, however, has indicated that it will consider projects that are below the $7.5 million threshold. This grant is an 80/20 program through the FHWA. The local match for the $5,160,000 total project cost will be 20% or $1,032,000. PAGE 1 OF 4 PAGES AGENDA ITEM NO.8.F ® Director, Aviation, Traffic, & Transportation ASSOCIATED INFORMATION: Ordinance; Trail Map ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 2 OF 4 PAGES AGENDA ITEM NO.8.F Ordinance No. Ordinance applying for and accepting up to $4,128,000 from the Federal Highway Administration through the Active Transportation Infrastructure Investment Program for the section of Circle Trail along Lake Wichita WHEREAS, the City of Wichita Falls received notification from the Federal Highway Administration for an Active Transportation Infrastructure Investment Program grant for trail projects; and WHEREAS, it is desirable to budget these grant funds for the operation of the City of Wichita Falls; and WHEREAS, the City of Wichita Falls anticipates applying for United States Federal Highway Administration Active Transportation Infrastructure Investment Program funds for the construction of trail projects. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is authorized to apply for and accept funding through the Active Transportation Infrastructure Investment Program from the Federal Highway Administration for the construction of hike/bike trail along the north shoreline of Lake Wichita. PASSED AND APPROVED this the 4th day of June, 2024. MAYOR ATTEST: City Clerk PAGE 3 OF 4 PAGES AGENDA ITEM NO.8.F co w • U Li, 0 ♦— I , r . . Q w ., w+ � ., .4 ' d Q 44�,�"„ a '_i War 1�, — - y .• �. �j *e � F ti zSL4�7 '" �'. y,. '1I. apt �t1 ° • ." 5 r a 'd f wad • _.. _ c ; + v p k5 q ! r l ' ■ w _ s w ° 4' L a �.. -I . " r ',„.:,''s .....''_ 11 • , e� ''r,' ', ", , i'1 ' . I . � _ ._, it o- .. -�, ",q CITY COUNCIL AGENDA June 4, 2024 ITEM/SUBJECT: Conduct a public hearing to receive citizen comments and take action on a resolution for the proposed 2024-2028 Five Year Public Housing Agency (PHA) Plan and the first year of Annual Action Plan. INITIATING DEPT: Development Services/Neighborhood Services/Housing STRATEGIC GOAL: Accelerate economic growth STRATEGIC OBJECTIVE: Develop a neighborhood redevelopment plan and program. COMMENTARY: The City Council annually reviews and approves the documents that guide operations of the City's Housing Choice Voucher (formerly Section 8) Program, normally being the one-year Annual Action Plan. This year is the 2024-2028 Five Year Public Housing Agency (PHA) Plan and the first year of that plan is also included for review and approval. A public hearing is required for the approval of these plans. The Public Housing Agency Plan serves as a broad document outlining the programs the Housing Division intends to provide. Staff is recommending changes to the existing plan which would go into effect January 1, 2025 due to Housing Opportunity Through Modernization Act (HOTMA). The changes will include changes to definitions of what is considered income, excluded income, assets, excluded assets, and dependents. It will also increase the medical deduction threshold from 3% to 10%, create new hardship exemptions due to this increase, and add limitations to assets that a family may possess while on the program. It also provides the option for program participants to revoke consent of HUD Form 9889 "Authorization of the Release of Information". Should a program participant revoke the consent, they may be removed from the program as we would be unable to verify income. Staff will be receiving training on the new HOTMA regulations between now and implementation in January 2025. It has been customary during the annual review of the PHA plans to also review the status of the program. Below are a few current program details: • 777 individuals/families currently on the waiting list • 849 families currently being assisted with an additional 46 vouchers issued May 23rd and May 24th • $430 current average voucher payment per unit per month o $28 increase from last year due to the rising cost of rent per unit. Staff recommends (1) the Council open the public hearing to receive citizen comments, and (2) the approval of the Resolution. PAGE 1 OF 12 PAGES AGENDA ITEM NO. 9.A ® Neighborhood Services Manager ® Director of Development Services ® Assistant City Manager ASSOCIATED INFORMATION: PHA Five (5) Year and Annual Action Plan ® Budget Office Review: ® City Attorney Review: ® City Manager Approval PAGE 2 OF 12 PAGES AGENDA ITEM NO. 9.A Resolution No. Resolution approving the 2024-2028 Five Year Public Housing Agency (PHA) Action Plan and the First Year Annual Action Plan WHEREAS, the City Council has conducted the required Public Hearing for this action; and, WHEREAS, the Housing Division must annually submit for City Council approval, the Division's Five Year Action Plan and Annual Action Plan; and, WHEREAS, as a result of this year's review of both plans, city staff is recommending modifications be made due to Housing Opportunity Through Modernization Act (HOTMA); and, WHEREAS, the City Manager is authorized to execute all documents related to the plans. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The attached PHA Five Year Action Plan and first year Annual Action Plan is hereby approved. PASSED AND APPROVED this the 4th day of June, 2024. MAYOR ATTEST: City Clerk PAGE 3 OF 12 PAGES AGENDA ITEM NO. 9.A 03/05/2024,09:28 HU0-5007S-HP-Annual-Plan Status:Created Streamlined Annual PHA Plan LI.S.Dcpatrinicnt of Housing and Urban Development 0MB No.2577-0226 Office of Public and Indian Housing Expires 03/3112 02- (High Performer PHAs) Pro-onto.Thr , a:Sr•,r mFI.An rur:ri PI IA Planr r,v.•;dr:r r.:rdy ro,Irtr Fir nrtrr.tr,l l.,:nrio-•n,loner 1,;,d,:PnA p�.lirir•�,„Ir.<, ,ud rrgtieron.l,t+rnnr rming the PSI,^•npr•r-,mimic,innlin ana �i I Ir-••I a milli p 11 i i ..-III Ii litiih." .:11,. ,. 'II'.:'ri.l F..,1.''h•1•,I'," rt,Pll,,rF1i',.i tl ud h.,•u�•t'1S •cn!rF¢the I'..•: ".; ,.,. „.. 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FF• ';.;,:,i uttlls.ti�r.:1 ,., r.',1lf.�rrsiru;!Yrntc.•!mrc•Ir.•r(ill"r I iyxt,'i'1'11.1 - \l'1 t 1'..'it Flirt]5.5111-{CVs-was not designated as troubled in iL4 Iri,•''IC:":... '.;1•..1 L!'ll:,i'':.;..:I'l.i'I!.II"."'I'•�Y In''.. 1.IF'.'1 II'::Il:::,,_I'"'.1•I1'_ I1,.'.::L•'.: (4)StantfetrdPH.-1-A k 111'i„u ,. III 1..: 1'.'1', IFI •;P, l•111:.' It:! :,ii.l tt N Milli l,,i "r Ficheln 1hGtc di,,Fatal con-11'Inr,I ,: ''rill•i .IfII:II ,I I. II 'I;,,:'1" :1 "'F I,' I. F•.!III 11, .!'h C,711 1: 1.L1 or SEX'IAPal Y••:11It'1115 lrnJterfrrlf'/f.i-.ii .`LIII:r :;rLlr.c,dnr'i.:1:111 : !: . .','1 it `,!:L1 ._.,. •. I':: IIrn:1! .:I'•n.1cc11r. .'1l,gaf117tirl PHA-A 1-1! .l',r l;,'.I Qr fed\rer p111,1•. 11.11:: .1,. 11 ";I•.1.:110;1 I1.,:.;F'!'' 1'lut i'ouchei' Ci-n111,11.1 it::+J111 1'1101 �. PI I .Information. •i.t PHA Name: 'Wichita fans Housing AssIstaare Program PHA Code: I.1-19S PH 4 Type-IS High Prrinnner PILA Pin for Fiscal Year Ilegjnnlag(MMi'r'17.1'V I' Ip'?I12-I PHA A Inventory(Based on Annual C'oulriburi n,l'.:;,I l l roc l.',�,''r i,1 r'i, AI 11111,.•,I 1 I n:r"nu:.:,1.r•:. Number or Pubar Honslug(PH)bolts 4 k LIM her ol"ii nuslag C'hsk r Frrnnb•.1.. llf.'l.F u�r 1111ul Cnmbinnd 997 Pll■lien Sohrni+sinn Type, Cif Anuua]Snirrnlesion I_!Rrvisr:F Annual S .1„L,;, :AenllaErilitt orlarormarlou,in addirinl !.c urn, II 1,••I„'FII,"., 1. "IL', .; •... I','HF.1 I•":1.r•.. ;.•I 1.11I !f1.•.., , 111rv+1il4 ihn disc Yu lc•c'ninulsl rtllrrr the propoard 11 I.III 1 ,11•„ 1,.", n Fill 1,11•F,h, .110:FF1. .:I i. ;i •,..,11 k. e It 11111,clin 1n Il F.111,1,c „I ti1an,il• IIF[PRA urn, ,� ,Ic.. _!Ill ,. l 1 F + I,F..,F : I Ii,•,11,1 , ,,1 'I r r f i I."p•,I, .n ih. I:FFFJFFnI a "J Il1:m: 11 rMc L+Ir-d l s m hue .I n,,,;.h.na .�,,,, r't, I:!.�I'I.,,• I,•�•. :11r."..Ft.,rJ .:I ,F 11. urt 1.k\1PI:c1'1 111:r111'NIu r•.'1 cvlFu"rFI a111c nr the 1']i.l.PI I.1, ,11..11•:is sic u,FF,',, F" F- ,111,1u :0,IPHAPNIL,R11111eu r,r11..11• -::.ne.PH:>>areal=o r"I'•:"•,n.,:�,„L„n.,n'•,alv e4ctt :'.w,I,1:F Loin' 1v1.1 r,t!hFF: .. i Lew tbupuhlie ran aucevx tills 111,\1'1mn:The pn1,11.ro rr 11,... 1.FI'."11.n I: ,., III. I I I':"I'F2IFueol loeuied,rr 1"„' Fl, .F ..F ,11,i .11. F ill p1HA ConI✓rrtipc(Chest box if eabmittipx a7aint P19+>.f'lal,«nd er•.rrF rylrrr cubic brin.v'I Paul uipollute PHA/ PHA Code Prnylwrn[xl in Flit'r,nxnr-ria Prom cm is]not in the No-ar Uli its in Each Prograas Consortia PH I Flu hltps://hudnppa.hud.govlordslofpIhlr/optundlf_7520i63981 1 6 01861 60/annual-pha-planTsession=988II31 I- f`_': PAGE 4 OF 12 PAGES AGENDA ITEM NO. 9.A 03/05/2024.09:28 H U C1-50077 5-H P-Annual-P{a n B. Plan Ekements. 9,.1. Hrvtslun or Lxisdne F11.I I'Y[III Flt•nt tilt,. Halfhtve the lot tow urn Fll.',I'I:s rle•In,,,I:I'¢elr revi:,• I,v 1he FHA since its East An nun1,F13APlsq tuhmisssiotl7 Y N �❑�^IQ StMGment oftlouiinc Nerd,�ad.l•i rl Pl[?,y hi'.-:I le,.•'I1._!:..n :1._ lJ ea�y 1)Gconceatntiau ds1,1• i.,, .fit� ..... •�d,.l it c I,.11,11.and Admissions. ❑fh�l. FlflrnirinIHcrrrnurr' ©❑ Beni Determl:.:11..•: ❑Q ltomcaworrri if..f•r•••..I:na• ❑Q Safety and Crime F'n,<',.:I•rll, r❑r-1Q Pet LJ .Poliry. Q Substadtttul Drviwiaa. Q❑ 3ignificml Arovodmutl?sl r,dili<u1 u.11 (h)lllhp PHA answered yes for:illy,.tannin.Ih-.I:'.< liv I.vo1•m'tar:1rh cr.I:L..1,..fur••. H1.31.Il ry tr'n111Y,al t.. 'fh<I!• ,rl 1.,n11. ..I.. I,..•I II l •1.11161.• I. . .,:'I=:yn,la i !II I. •:I I III' . :tli•y1"S.l rn le:+till,1,,',I'• •,..I ttv1.1 I••vl nl•...:I t',., fi,, fl,, ..n I i,ii r .;J1 it o Ii r10 Ih, .1. III' ,Id , "1, •iii I cr,' 'd1 ' 'I'.1,.. 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G. . i:It'al eu, it t 1...11 ..t v ill.'i art?I . e.p1: I., 11•.•''.t'-till'. < i':E- ,., ..'Ih lit. till willt''tttl IIIC•1•:..,.c' 11 :1,I•I' ,,.I,in is,"r l+Ic•lllu ti CI ri1 t Irtl,t\ .< 11•.•II•rr 11 r 'I 'e C•:i.•l tl ulf i .1'I:uIJl'fta 61.1.,1 c,•'v, .e•t'.alui ri :111.f-,. .1 I•.I e,11.,1`I l'i',r 1,:11 t`.1.111111 111 1!<: ill ..111;;.•, ..., "I pto<•I r 1.n I i,flit ll ..t lugs' I I!„ 11 I.ipp n,:.i,,r„„F,.e„ „It 1: ii,,,,I.,, I,111 ,t;,.r,t',.11 ,J. ..I1:1.:..+:, 3 t , I... ,,,,, far.,l:. +i n,nl c,,. r 1 'III I.;o .1 I':1 ,1n1 to the l,rnc::,m fc p The PHA must submit dv Deenneen u'alino Policy for Field Qfii sari c,t i ,•. P.2 Null.Activities. (a)pore the FICA intend in uadettate any nen activities rowed to the toll awing in the PITA1s current Fuival'felts? Yr----�Di Vr1 Q Hope Vi or Choice Neighborh.oads QAf iced Finance Modrn"ni>ntion or])eveloprneal Del Demolition anttoor Aif ositlon. ❑ Caclvereiorr a7Publir litlusing to Mimi Based Ass tense• • Conversion of Public flouting to ProjecI-Boxed dental Afaiatnncr or Prejed-Boxed.Vouchers under BAD. ❑Q IRjeet tHwsed Vaudh ors. ❑Q Units with Approved Ifaclmcies for Modem isasion, ❑Q Clil[et'C'tgtilul Ctisini Progrlenn.li.e,.Capiwl Raid Cam mlulity Facihairs;Cirrtubi or F-trieigeury Satiny mid ttrurily Clranllt Fh I Intuit of thl•.e activities are planned for the current Fiscal Year,describe the activities.For new demobtioa activities,describe any public housing.deve login eat or portion 1111:I.,:i .., „J 11•,the PHA for.vi,io hl die:PHA ha;,neri htd or will rglply In.demolition an d'or disposition npprov,tl under null ion IN of the 1927.ae[Linder Ilse seperrM, de ai.l I n i art el kq'.o=a ion tgtprov ml process tf using Project-Based Vnucheis{PDV si,pm vide the projected number of project-based units mid pitied leenthen a,rind describe how pr•!is.'i b:,.,u,c:cs1I be•.••u.i.:+eat with the PHA Plan li.d Praur.e.,R,•p„rr. FF'rn'idi:I Jr.arY1•rin0 ih li'vtii,1_L'•\I i•.. ,. ....... , 'i i the PR,•cat Hluie.to wort n,wnl Itidnp[v.u••I snt_Id.nr apl r ,,rnl Li1,11i1 ,111 II, rilnrl r •I',f1':tnril1os nniv[lumpFlint.ih,'b1HiGc4 iimiu will mppori. 2.toprl.•nip eurr,•luht ill Fu",rp,vrl aull.a's Let in,'rt•a,,h•ur.Ii',It,rA nnlcidenl IN••I'•n,vn ur••.,•..3.1••pi/ns.{....t.ar.Fnr•hel.l,r,',•unalv••1.1.I1i,•r.•nl:rl market,whlrh s1'YII'iliuv,tilt'Idal.om p:ln kko•nr.ralydard.char tin i59idille liruir.trill.rtl t'Oii uir ll,,.II r1 elm In,n1,n,r nlh..r I,.,nt'i PLiring I:+rnlllae,-V.1.1 p,vrl,ate adt•cufflrlesicy mid a.,.a dt,ctuinulylr hs nnl'IU.11,010.,110 ih,•rrnntlnntdry. hiiiprvtr.`,F 11:11'.rill r.6.1114'11•e rinnull ri:n,d 1:.11•II,II.1 r:.rFt Coelho!,70,throbs nr'Fun'„n.t•Ira,.up by t+f I.1i,11 FIIt,1 a,ln r'Iri sr um stow',L:ll•llil 4111•111l'ltdls list,.1 II.I[,C.tl.'.01111 m..i iv:In C•r15a11•.I'•i•iltsr•tilts.II tr.:LSl r,l hunting ri•L'11.li.•..lir itch,,,aloe r„licinu,narinanl linens,,sir.raLiilivl'AMNIA,arrd I,I.l w'r:.:.,•,.flira,slti,,•r11,•avrl'it r m/assisted housing cardleom or u,vl•Y,,II.,.li]i r t•F:,.ted 1.,the r•qu.ai arrt•s.r'rrtt•.t nlr lino..I[I proltrr 'Ilenis an li Y.,IF:,111E111 li t',',of car.,yin UI r'.u'luac of dnal'slit',1riot ion vinlnnre nr slndking Ii',•11, Barr.buoying t1.,t,.J in:u t.,n rlr riuk'nrr•ntiain.rl d,l•n,In:rt,,,,,L;ory•,Fl lr 1(lee.\l1'1 trt•1. 111•,'..wers rHl r,,11I=.h1i lt..a refer(in, int most serval iIIIi D-altllrc.r'r•I i.\'ry ti.'.:Ii..rt I'•r1t in 'I'll' el<ilt•,t hl,1h.it.it r,•'I..'''i!••.:• htIrsJ:11_.t:;F'F'shud.govlords/ofplhlrlopfund4_7520i63981 1 6 01861 60/annueI-pia-p1anTsession=98893'I I'55757 2/2 PAGE 5 OF 12 PAGES AGENDA ITEM NO. 9.A 03/0512024.09:28 HU0-5007S-HP-AnnuaFPlan E. Mast Recentllical Year Audit. (alW1ere there any findings in the.host recent F7 Audit? l'L -NJ Ei (b)fly ea.plinks dencrilie. • Oilier Document and/or Certification Requirements. C.1 Rlwidnn,Advisory Board(RAM Cem hnr pin. tat 0id the Fsh5ke1 have.ce•mmimeto Ih•:.111':11,1' (hi fDern.cinnamon,In, ,•. t.n.i I..., ?- I'I I' .:aH.to:.I.rUr i,, PI I riu r aI- nicludo o nmrnriUn dcserihieStheir tiiilyoie of the ikAH nrornmandstinoa room Il,. ..::HI..•.n,L. ,i.. u..n_n,l rI i..n 1,'_2 t',tiro.ti/Jost i•y Slain on I.nrat i1Tt1.•1 vls. E... ;III.. S I.. ..�..:,r'_'l,Fr.,h�-. h .,,.l.`•I'd Pi.n,,.-•_..,..,a..rh o.:� �. 11,.C0 rohekdo.1 r<Mrc most be .bmitted by floe PITA its no on eettenic spin nllnn.ul n.�ii ".'II.\F'Ian. C.3 Civil!ileitis i'.•rri lknuitu ['rrrigrndoai I.L.linu folio le.*,aid['r Ho aa,.rh,n rho E'it k lin,IC In Ard slot,Snhrrilssloh,of ins I..'-pit Anrrnu}Yl1ha. F,�, II"1,-' "oT'-IN h I-]I•.- . CUb F,is ".v.e ylfx r.,.,„re..r .r... I ..,.. w. r.FF!A F'/on fio'o rrorhol Flom . . niH 11 I,mins rt..Il,r I i1.0, n,4,eq, Alta,hm...Iutha MIA Plan. C_1 Chnitengnd Firm MIN.IT,my element ni the.PIA:i I'Itu,1;shot hoes-d :.PH,prvarl inclade such inYorm oiioe as an rd lndrm enl with n diNeniptiom of coy chsllena,es to Alcor eletonsite,the entire.of the eh eiletitte,and the Pb 1A•n reepoiler In the public. Infid the public cha11enpe my elements of ills pion? k" N If yes,its nude CbstInnps-d D. Affirmatively Furthering Fair Housing(AFFH). D,I A ffirmstivrly Fe r dh,e na Folr Hnnslnt:{AFFR4. Pr,.%de.•a mar,-,u..,ry 11 ie.•I•ll r'..Ir:neelns:;vd..11;als...Isles',role brarsir, er.at.i,i coal he..01.i.11 rn.l ......ill rill of F,de.I no sine Iat1 I11 wok?i ("Hi :,15erdi[.`,.h hln•.hal:I't•'rtdwt polo..,IPHA+should.uld ad.!'a.,nl,n.roan,Fir pure oases lu Ur'rt Collie Fait keu.=dnc icnlieo b id rotnlhnrise f-uror,,l I.toll,nth tiny. i iii f 1i 1 4,i o-g.rll.,l n.to t nisi all.Al-El.the NIA is.rot ntlle,ue.l in ewhlihl.•Otis'rh,,rt.the PI'tA,.Ill fulfill.et,iltlieles,Ih.-re.-gasman run Al.34 111i•5 gil.l,'t•rt on:nv,.d lh ins i•:li._n or `n 1S.So. Irh.trueti nos.for furdhnr derail on rnu,plrlinc llri.'hone. Form identification:TX498-Wichita Falls Housing Assistance Program Form HUD-50075-HP(Form ID-458) printed by Joshua Woodworth in HUD Secure Systems/Public Housing Portal at 05/03/2024 10:28AM EST beeps://hudenps-bud.goviofdsMfpl ollapfund&1520 1 83981 1 8 0 1 881sa/annual-phe-Alan's .,eel- •1 =•11513 PAGE 6 OF 12 PAGES AGENDA ITEM NO. 9.A =2ii).5/:.i)24.16:45 H,JD-Stsii7._ Y� status:Crested 5-Year PHA Plan i.1.5.Deparinirnf of Housinganl9 I rhan I)i.-velopinc•nl OMB No,2577-0226 (far All PHAs) Office of Public and Indian llansing Expires 03/31/2024 f rpna•-.1 e' .cis U.1.lpnu 1 I lI 11 1,i-'kiw.,1.1,0 311,0k,-!n 1.:101 lfltclC,ill lne inr`30 k,, i,,,,;3'I' A 1.p;.is•,I id : i1.,1 I:,I 11.1u.111 e ,:..la.ih:1'1;.v,J.prfal4ada.plegrnnli, 1 ,.ill Y.. 1,11.,I, , ,.11.•:1114 I'ilk,,o d r rnI •r[11.i pnl.l;e.I.1 11,I'l�:a': . et',I;Ir II: ,:{:.I,n-I. r', .�. _ .,rr.l- , ,.,..nx •u- I n, incnmr. !Dr., lcl,6.1r.-n10.4114.la:.rr ilnr A yplicuirllity.llic Form 1-11'4l.`1ll•7.•-4Y ir+no he.cr,r,l,lrlrrl case.isu•3 PHA lvxelyerur by 1,11 VIA:c A. Pl1:l fnfnnnalion. Pti.\w,Im r: H ic hit a Falls 11 ai ln.a 1,•r,,.Ill, Pv..._rdi,. I•f l 1 redo• {'.III PHA Plan for Fiscal Year Fivuilin i,e `•: ': 1,1 Tile Five-khan'L'erind of the Plop,ir....'p r'r ' ii i11.' - II'Plan by llalilIIcyotlnlhrnuadnn,In a.11..,'p . .,1:.1 v.• II a.. ....I.•.,.,...... It' :..i;,i. -.:.It'. IJ.: , .L:1:..1.1.. '.1'r'1, .,..:d'I':. ryrcific localij[dsludn-rc[Ix pre 1. I I,I I i . nd.Il .1. ,I, .I n 1 Illy ci.i •I I'll.', all{ 1,111ni , 'II.',I-I. n1:.0 ..'I;.u1.4.l Ar, ..1 Plmt ii,.it Ld From Fh.11 11 ...I ,1•,hu, I ...!i . L.q 1,1l o Jr1...,,i 1:1 ,I Ihr r 1 r•Iiie Irna4.'tiic,•,1 1. '[f.q.fllA..as ern: •., i•• Ilpl,rr P[L::.1'I.n. 1 11,,r!,111r1 d u,r•I..�f IIA=pre al r Ic ...cut to provide eruh cf:•p !hull 1''!',HEMS_ Lies!hi rpnhlin run at',.•..ilil.1.1 i i.i'l.e ;hr ruRlic clay;war,.p.r•pl:n,I c r.-.1 r..:Ihr Housing Lii,eulniaft located el 1I100 7Ni ft.GViehiln Falls,TX 75701 A.1 11{><f'oe n1 .1 rl f•u11. I. II i l 1,, , . 1' ..} A _�., }'al Illy kI111,2 PLi La III X'_- ti Y1. 1 _L. Prnliranilrl I nI u:1 the No.of L'n iY.r in Cnrh 1§nrmn pdo r sreUa con Bar lGi PH I HCV Il. Plan Elements.Required loran!PR'RMrcoinpletlug this form. Minninn.Stott Ihi:Pli.i'-rIil.-II:.I L. -,,.IP,:III,...:.:I.u1 L..,-snn..rre r.any low-esniar.um!,,-.:jerepcly low-incomn 1moilten m lire PHA's jurivdirlion fur[hc nest lies ycilia. 8.1 'the ilee'inp Chalc,t oil a h.•r p ron',nn.rl ill.' ;;I 4ohi,.,I'.ilY,.lees.Ifrnvldrc,la•rliq oifr,rrl:ihie huu,111e rnlns'lnrnme tamllle%and individuals.The City le Can i«tiled IU+Id'II',bIiiip 1'hi-11H...l,111'I,n11.1[•new,IInA In.n1 w,,,...a'>.,,bil1•praiddlee goad iiei+rrnhhip of pnlrlli r pllllrrr<laid canndeure,In doing ie,the City Ilr,rvi,lr•.Ihr•f.¢.ni1i:•,:a.1.:I.I•.:I l l:n:I 1 ,..,-.J,.r..I-• i,.,l,i•4.,r1.1..1I'•I.pl,,.r.p Ai arc allnrdahle r011. iii.:11,..1n.l DI; :..;I,I:.,I''I.\' ;.::..'II..::I•-,::.II .Ir,.l.:;.:.:.••'., II..'•:.IIt+,:rl',Ip the PllAl4 sa[vrelhi 11ec1Nt n'I 110w-int13111[.Vtlry ltlw•m[I71ni-:Irrl,I c•-II'.,I.rt_.'I[.,+.• nlri.nll t:Illlill•.:.[III'.%1.-.li`;[[Ii;':i-.'n'. h,• ,:d,.,I lilt'IS1,1,....1!.4..1 r,n1,..,Iry n.1„R.r ;I.lwri''I,,,II"-:.e..il:•hilin pf lkrrla..,Ifi',and ufGr1 dald,•hon,i l,u by il,n c.niir i,+.t[pl,hdile 1,I pi le.lb„i,e,Eris tn,1 i� ,io-rural l•,iur c,.::,L:r cur,rem.lii,-a.....-unit imlr,+'...l I'•rll,'r:,n.•iec in p.ill iiirr¢LiiJrgn:d'ny liaur;nc an,d Ira',i.'r,fee lie, In r..n'r,•r.nriliar.pre.idir.0 liremrl.n.rr ill P.ru.„1I..n ".a 1k•.in'.hula rnivn,•r,li y'Pl'ill.r•Inl.n,aial.lcuine 111.1.vnu.:her n1,n A.2enl ere 1111.1.II','ren'r.),Inr'tr:.:,.61 e r 1,.1..1E1,1',.uirlbedmi.qu•o.I dine 1'r•IrIut'i•1111•11f„•i,•{,'',i,,,..,•I•.I[•.3.[',ril,ll„'1.11t is''lit.Nallll 4•11„11.1,1 1,,.0.r41:4• II b,•1 11d1.11,ri.1,.n1:nthruleilrl'al.InPrlili„•,'.1.i 1'11 i•1 I.nvlli,•I.. .I'I'U'd,.Inl'y I•,Isili I::I,'t'i".l to n fin 411.1.»4,1..11,. ...1'..lr „I..trr.rd.ihle l.pu ohlle-nr„loll•'.1., J..J..;J ir,d „i1dr l,..pa.di RFd 1'an.;iir..,md p..,o-.Jiap•I, ...,Ills arlarl o r pa rrr!. 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[h,•,"In.d:,.. ride,.,t'. •.d,..p.... ,1i..,,, ,..:11..r,1:1..r11,1111ri,..l.li..nl,,.h,,:1.r•,i,[urr.,,I,Ien+e.rl. d:xi a''.Yplw,r,•,Ill.l all.it_(I l.n.Fr,•.r_ ,......,1.-.1 It'..... hooting pet the 111,1eYi rr.'l rnin.l N mnr11(1 A11:y 1 pi. hltps:l/hudapps.hud.govlorals/ofplhlrlopfundlf_7520133931'I C:,I°5160f50177 5-5y'I?be55.1of1=u3334 E44 517393 PAGE 7 OF 12 PAGES AGENDA ITEM NO. 9.A 22/D5f2024.16:48 HUD-50075-5YR Vlnhal re coin sit Rbnlen Art(\1)1.hiGook.11 rnvidr-i:l,l:al eel of lice PHA's gaols activities objectives,policies.orpmgrmnsthat will enrih le the PHA fa serve the needs of child and a,{'.11,n1h1n ai'lor.uc 11.• .,n..110111.1.11 1st., c.0.11 r ,11 ll.orsltnll:in ��..S'4 T11r 1111/43..int llep.irtmr'nt rai r„Illinl,,,troa"r 1. 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I1,,.. ,, 1 .n.,,.. 4,•A.1 ."1,1'i1F111+.•.Ibr:,m.'nd .,ltlnr I"1111,11 11'1 ,IIIPII'1,1.HUD iuirrs C�f FR 1.lull Ihl•a1.111.1`i1)11r,r'Inlr:11111 i11r111Je in P 1I1.• 11 11'l:ar1 u1r.11,1 i,1'ria if 1.11wit,r„11r'11'a mill..i1':Idrtiliall..,I r-0.•I iu11 s,MI'udnlilti01,11fb .:,11111•,1011•nls 11.1 :,S,r1..I,,Ir€:d I.I,.,i111ilna.SFWIIFIL,a1r Lo.]I(Airi,u .,r Inu,ce.lnd„all re,pl ..,, tl,,,.r„11r„'rr1 1110,r11•+,., 11.,.1'.11.t1.l0s.I. ,1,. 1e 1 e.1 do::1s 11)1st uel Appru..•4 Pil.\1'!4n r11,•1 Mill 111r, 11,r 111.l1 wn+I1401 1,1111.r I••+„1i11•,1,•,I :, ,.r1511,001 1+111 havInI I„r rrl,,,lilt0d hr..111,,1'nl a n•4111r1L,n In 15uedll,e]wvl 1111e ail!AIL.'111,-phi r..!''.x.01,e,Ur'I,ho t'u,'ell,•1111110l'ti nl LFLrn.i:.r 10,rd'1l"1r pr,.l.•e 11".I„r.1,'111 oh 1FV„p Z.,H.fly lithe ee.l l 011111'4.•11 fly F.1111•'1,111.n N.1 F011.11 11.11..1eri11.glri,1,.Ii1,I•,111:.I 1•il1,r d'I a1 .peter.011,.1•Iirlirelar..01.1 F''111':1n1..:11111 rl,�r11.„ .rr,. ,li.11111111.1„1:11:1.,I,,1E1114141 of 1,rrlpfi.ivri.,•.:., Slnlrriin the ll r1xil11111 apllrnvwt ornuurll.:.?ll_,,11011 1rh u11a11r Po nrrnllnnvl p,liicie,.ad rriixsinrl 1,n i.11e..nlr 1hr nl eu11i.;11i,n1.111't 111per:uiun Mr Ilia•n:1f1i11a 1€11 na1 w!n ru1 l,1 'stun111..r.,h-a^L"•,011111 Ill 1ha1.1 u•1 c, sidAO a 111,II n 11111 II.,rills. ,11+..'u1 o,na,d1„.•u',. il.:1111111,I a•t r1•,I1.1111µ01•0,rr1.111 Are Irr I'LI+S.1 n,n,.111,.,.nlli,al.nun 1M rh••,I rliniriunl,111 1111•;\Njs I.En 1,rl"'Iln•rr•:n,Ni•r•,of Ynnd,lr„„•1st 1 ,.1,,n ,11111,•I,4,1„A11r,ltilln.•11111.y"11100 llnuslll¢ :131EFL,,41r1.1'.•A}MI-1,i•,,,,...r111i1.1•',If„•1„-!.I`.1.1,1l,11•,,l1111l11r nIIIJ Iri•1111'I1:,11-1i-I III I.I1„I.,Fr,u11 p,,.11:,L'.:,".p,-1,•.,,1.r tl`„rl 1••,1r.- ..:1111114I111 rot flap.011e tr'1rr L.•i•1'r11t114 R1'1n1111111':1r1"111,1..1i 11 1 ,1,r 1.1"DI r'l,111.111•111 a1A1111,'IIiIl['r`11,1'9LIlp111r MI 2.f II.11.1 fi 1•1 III 1111„1111• ii„11,..1'.Ill Sl-arket Ken 1,and ra!ellrrIl•oleo 4'rd,. nri high;nr11,111.:J111Lui,ln'l.r '1tbr1 a,1,11 al„n rh1R111e,r1=1luire`d lit tit If,rout,a1 np 1YJ by 1114-P€l.\nit putt the,i•.a Firs rrlinn 11111 al!111111 ar 1111=fi ll t r,r f'fiance, 1h111011..r1E,••1 In,II arlan.1111.11.11,•,•pi At•J 01 I',or guidehal.••..V nut 1st 1h1•,e t.11.m•n•.,n r lbr•np,•Ihal u,nd11 b.•in.J11d.•d L.114r 1,1otiiii,lr,uI101,Plan 11n,1 41.11 he,uhl.'r1 to Item.111111 nn:,r.pll bile re.,14201 A114 honed approval paten.: ltexiJ 1411 lA Inuit 11091,111R All)1'Oak n1HON. (a•�DiDid d11'PPAIS(sy hops cnnl«11M.•lu Ila.F.aa-:n PII.,1 Plan'? Y J tV iti 1bl If vet,cmmalrllu ulasi be submitted by tat PILE as as&Bluntvl to the S•Vear PHA Plea.PblAo mutt aka include a urintu Ive lE1•::Q.ILulc then rmaly1r:v f the RAS rrcommendotroni,told th1.•decilueos mode.on 11iu1e rrcom m emdtlions 1"er7lllCntillll by Stale or r..11rill Omi lots. 1.3 Pam IRTD-t0077-SL,Certiliirw ion by State or Lncal Officials afPIIA Plans Consistency with the Consolidated Plan,must he mhmiaed 6y the PHIA as an electronic aitachmem to the P i3A Plan. ltegaired bnhmtssion.For ill rt]l o tienni n, [al Did Lhe ublie challenge nay eiemen&ofthe Plan? C.4 1b1 if yet,include Challenged Elements. I). fliirnt,ltivrly Furthering Fair housing[AFFF3). :\rnrto:11i.011 t•11r1h.•1 m_F.it Il.,,t,{Ito. i111\.,.r.,,1111.roiolred to complete thin section on ehe Annual PHA Pl an.All.t...11ifted PIIA%must coonplele 11111„I'd,111.i F'r1'.'11r r .er1.11:lt,• er.f 'F1he f'tl\.,l,-afe�ins a11d vtli.'1r,I., „a 1•1:.;,l,nn-i1,._1;.•'tl .,,,flin.d ir, Me.1,r•,,•'I,..,. „I I.r 1 I1"1,i,ee•l\1.IE1 t'Fit I'5.1511•hl-01.Ise d p ie char, rinida•d l:bolos, I'll t•.•.Lnuld add1_'111.111n.11%:n r1"r1•,•.un In,I•.Irrlanw 1'011�1il111,11II'is::u.�•.and nluu ih,rfinp ranrlr.s.111tilll,urli 1)-1 timeu.Live l'1l.1 i,r.•y nilxd tr.,,lhn.it Ill:FI11 Fill'I'll a 1.11n1„1'f I',:,,••d a„.,ruphal.,I,P,h:'rl III.'111 F,111111,,11.11.II.-,or111.•1,,. ,h..,..ldnilrnnnd Rt 24l'Fk§ 0.0 elrnrllyl t l 'It 1n\Il rrl•1 l 201f,.ti••1•Emreul're•"1,FII'1111'r 6:''1•1,4411"n.IMnpl"il n•_rhl,i1,111 Form identification:TX498-Wichita Falls Housing Assistance Program form HUD-50075-5Y(Form ID- 395) printed by Joshua Woodworth in HUD Secure Systems/Public Housing Portal at 05/22/2024 05:48PM EST h!I s.'afpihllla;•rand/r_75=616S92,1160I?,61n3l_f50i77n-5y1?_:esE.Ior1=6333484460393 _ _ PAGE 8 OF 12 PAGES AGENDA ITEM NO. 9.A 93/0512024.09:19 u1-2,-.51",tc.177- .7-HCV-HP Print status:Created .....;;;;-- C:L-rti.i1C...ttioii of(.'tiin pliaitce with. ['I I. PI;tit riv.paratn•ia ririu 11111.1•15ati 1.).LAvi3ipniv.61 Related egli I tiotris -ii Itnthaauuing (Standard, Troubled,HCf=Only, and High 7,,In N[1.25"0226 Performer PlIA.r) p.I14.75 131'2024 PHA Certifications of Compliance with PI-I Han,Civil Rights,and Related Laws and Regulations including PITA Plan Flenients that Have Changed 2.11.-)4 or.230210411,.22-2.17,..1..):),2171 CI)))))P7.1v2.-i0))h:ry 06.7.... .f .1()sled below 11,4 1,00.2-2),,....))2T•10-•31174,2- 10 7.0 1)t-A0lopme.).2.)011; 2) . beg)020)1027',, II)20_-t 4,7 f h 1.1142.,11b1i11.0,1efi? flu:,2 2:)):•227.4 222)ph12)22_1222.0112201 7470"el.j/ The (or goy iticorrxrtilinz I I 2.1 I 111:;T ;;!..1..11.2.[L14e ;TIM Faisi-latzing [MI I •1,...,21 ItlarITIBr in which •'1.0,7, ; 'd 2. Board cm-Bo; t tho I the OH, 1•'1.\ 01....1;;;1.2.1;i• i•i:.•11..•11,•1,1,.:1;,..:, •.....•?,•..•• 111.:••:2,-.•!0 '1,1\ ..•ii(1,3.-.1..•.•:•.•:.r!j•.'!"..,', -I 1,0 I •.„ pc.1..! ,,vililic.111...11111.,1 .)-..1;:..,i11;11ellit on tn,: to the poiicies and programs before •• ..1;,1,.. .1...;,;.••• I...•. ). .; di Id dre 1011J.L1L31N toiI 1tVVLIIW dill]inspcclial,at the pi•uicipat oliice of the PliA during normal IV I'l I\ prol.,..-cd Plan;ill id t.,1111:2 ;it I.1;m I I I .; 01111111e imm I. II; ,11`1301;: ,..1-lir, •.1...11 Att ;.;!.1•.•;•;..; ; Act t)I (29 llIV Iot %kith I ••i1 Lind!hill In it Cho PI:Ogri e .f; ;MAK' the ..1 ride I. 0171..7 \I!.,.!!T;;;; L.)1..-.:11.1;110....;Act,and other ;..•.1 III WM IT mill '102 .2.41 1.1•••;;:q11.4; 1•11.; I i..1,11 it •,11....1•.;;...•2.1.• :!7;;•.;-1 Li! 111.0 i; ..;;;..11,..-ss rdn- 1;, I cr.! Qr.', 1 time 111,:: I hi!ill 111-1.::1::NLIttt.lit...,.,1 :',! !hut examint...: II- 1..!Ihmi, [intim CIA ;H..:• I:I....W....W2111'ills!Mk:1111;11H., 8,For PTiA Plans that include It policy for$ite-besett https://tiudapps.huri.goviordsieipi hiriopfu ndr1_7520103BEll 1 601861 so/form-hod-30J: PAGE 9 OF 12 PAGES AGENDA ITEM NO. 9.A Print \ I d.a., n I ;•'I an accurate.complete and tunely MELIXIer • w a a ig lists ides for hill 1,.)each a pplic....111t in selection of the development Di.6 Ir.. and.1 p,eriod oftirne1ieapplicnt II. !Ina-, )11,1 • .• 11.41 • uoi.irl oilier or 6,101,-11,.111 or be inuonsis.terd wnli a • The II ill '.1 V.1:1'1 I...-. irli atfirmatiir'ely furthering fair • \ ;, siie-fms•clw.,1111]12 list 1s,I1Cy 1.0 determine ifit i canisigieril with civil nghts lAvex tit 2.1.. i Ii, 'i I\ ' ;.• ''II I il-'411:1 of age fHintlaTli.iC)ilie Age Dtsermaination Ad of ; I;; Iii iccorilance with 2-1 CFI?, 1..5.1 k21,HI 11./s Nquel Access Rule.the PHA will rioi makeci tt,:i11-111r101011 kr/L.eliLlT1ilLty for perde, iii Mania: ot-tentation°fan ill•HICAllt for or ;I. I'-.1,•,1,k2,1'i II I.,.11•:°1 o;I'11.1 ;'I l'art 41,Policies and ProcedHr.:45 for the Enfc,reeni.:Litt ...! E....None:a:2 I 1•,•I IL. I I: iLl ' 'II' -I. ,A ' ! 1,1 1,1 I 13 ,h......I I re;•,....moil ▪ iii, I ;I; and Real Nroiterty ISa .1..1:1'. " •ii 04,( 1.1:t Ha] i !He 14.The I I\ lake :ail;native I LOR111101-11. :11111•••••••.111C.I'Sl.r.L[2:1110.S.ti ,,11,1,21 =11 I•-• I il- 11 Ilie nesrm.N.D;Wie T) 1 di,C.I.IrReiFI5111011 Mai the rspoiisiUk entity LififT.T,1155515 I; Vc!'.I555 11111 Il 111,2 HI% v,•011 reapectively. !he I'll A ii determined 1:IIslSiiIIlRI1IsIII5 taldsr ; \ ..111'1.11..-mid 11.1.2 • \Vori ; h.: I ii\ '' haw:.\lath L";.;;.; 11.33 0.1:d i...IC21.11i11,2'LIIS:!iik'CIP.,'j11:111 IL,(L'Ic'1711.11.,.. Ia PHA I.cis.1-1-1:1:-..ed-Paint Pokomm.2 Pu.-..ention Act,the Re..-ailermal e5c1.1....1,ed.Paint Ha...-.11 d Reduction \xi or I'.1•:12.wi(1.:I 1 \ r111 ,11:• 1,.1.,I;;InentOnt4., i 5.:,1111.[CII/f.:111•10i .1•.5,151•11.1 F13;ii114•1::1 i • 111,2,1 1115,S.51).anti 07.23 12,y st.i.briLatni,an SP-12-1,1itclu5.1311_,4 reciiiiied iti V,'I.:Q51.1.51.1.1-,` Hlori 115 Han.111.1ivill IltIliSS Hip!, H: III,.' a,.1 ;4..111:1:i Ill.:I' ii;La Ill onrki,i....-1.e 44111 rha,,•he PHA Plan is available I.,: iII1I1sFl]FlFCl.FII.:II \ imble co..a.12... 5.. IA; I.: ..1 . !I ,,11,1 ,i11.,17 by tlw i'1iiiiiti 1112,1.1m • .1 In.:.I.] al.1 a kling the D,'..eleiratiori I 14'5111, \498 \umber I Code \I'ar -.1o24• L.I.\Plan -,0 PAGE 10 OF 12 PAGES AGENDA ITEM NO. 9.A r-I I.`-.... . -HCV—HP Print �„'!•% i I,it,u ...II�., C<.,L,.i v n i :,I.i rMI.111 ..oI die... ..,,1.cl0'irll.r-rule uud securers.W.rnIug:HUL will prosecute false clans +rI I '";,cnrir c I Ytrk,:ct ri Pui)tl:t `�itu[l{5'ltl'ltl .:lulu I:ivaril l.•11;111"Ili1n Darron Leiker `.i nnrlttir I),Itc Sienahtrc Date • ..I v.rpo I ,.I1-..d!. in11,4.rill I ino,1F2.l/,r1,J wnlin. t•f.,l et uq anli i,ulut]utt, pfpniif•.�'-1.1 r l 1it0,17.Code of irt.,i..1. i.•1 ,01,Iod r.,nl,r.ii:,'11,11rlil at r0 retain a hatloftl.The llnforinntl9n i'gii91ed dasnuOtlaltti t13OM to[ontld,+.r.l 111 is collected to ensure amylln.....:•.pb I'll a.Plan_Civil HI,1•1,. n.11..,hOI•riS and regulations lndudlng FtA plan elements that have changed pallht.relsrrtllll'bonlol rot Ihbo inforn40144 rrfll.Y Moll is 440io31o1 Ip avatace 0.1G llrittr`ipm'y 144 p+'r reisfultluF,IiitimItig 1114 tulle for rMV'IsWirig Itisctuilimm.lwarr:hhe 044%lllIA'Ilaar$01lft:a4.gather 111l and maintaining[nodal.]scaled and completing and rovlewing the cullatloa of information.HUD may not collect this lnlormal lea and respondents are not cognised to complete this fortis ludm It displayea nurunik valid Will Cooltnl rrumter. Form identification:TX498-Wichita Falls Housing Assistance Program form HUD-50077-ST-HCV-HP(Form ID- 53)for CY 2024 printed by Joshua Woodworth in HUD Secure Systems/Public Housing Portal at 05/03/2024 10:19AM EST https:11hudepps.hud.govJordshafpfhWoptund/l_7520 1 839811 6d1881sfform-tlud5o077-st-hcv-hp7sesslori-2.7.2 1 PAGE 11 OF 12 PAGES AGENDA ITEM NO. 9.A 431r75CO24 il;;r13 HLID-50077-: LPiIn, Stalin:Crested Certification by State or Local u.s.Department of Housing and Urban Official of PHA Plans Consistency Development with the Consolidated Plan or alike O Public and Indian Housing State Consolidated Plan 0MB No.2577-0226 (Ali PHAs) Expires 3/31/2024 Certification by State or Local Official of PIIA Plans ('onsistencv-with the Consolidated Plan or State Consolidated Plan I, Darron Leiker,the City Manager certify that the 5-Year PHA Plan for fiscal years 2024-2028 and/or Annual PHA Plan for fiscal year 2024 of the TX498-Wichita Falls Housing Assistance Program is consistent with the Consolidated Plan or State Consolidated Plan including the Analysis of Impediments(Al)to Fair Housing Choice or Assessment of Fair Housing (AFH)as applicable to the Cy of Wichita Falls Housing Assistance Program pursuant to 24 CFR Part 91 and 24 CFR§903.15. Provide a description of how the PHA Plan's contents are consistent with the Consolidated Plan or State Consolidated Plan. The Mission of the PHA is to promote adequate and affordable housing,economic Qi2portun' _and a suitable living environment free from all t%pes of discrimination. I l,er..ln•..n,F llr..ir ll lit 1Nrn I e,..n .,.II r.AW Ili+311i1111.q I pnr'I,1,4 n i,,,..r11 n,rr.r!or.,tL .1,�,..r,i ace,Ir.ne.W„111114•I nl)will.w„+enIr FA.. •I,1naI9••ter,en%,:"oiW4dup m.n I e-rlt,i„cri,mual:u,d•ar ei,i1 partdlie 1IR 1:,5 C.lull, 4.J01 1011:31 G.S.C.51?.JFil11.� Name of Authorized Official: Darron Leiker Title: City Manager Signature: Date: ,•Iln. , ,,I,,, I1.,,,,I, I,..I,L. I. .,.,, ,' ..,, ,;I It,,,,,1 ,..I•,I. •t..l,..11,,. • h I,I,I, II'IIId•i2 I'',[. Jr .,-Ilan[70rr[9a1..andr, gta11on5 ,.•,,.I III., 4,,,'i+I,n6l'ui,t ,di.,, 1 •Ia111 a�lil Ii!', l u lionL•n ra;Ict1d)I IltlplIr_nd ,I I..,,,I,I...I.„I,.i III•..I..... .....................II......I„ ,.,,I, ., .,,,,I ., ..,.,.,I.,,,.,,..,.•.I,,, yI.,,I., ,..I, .,,..,.I.:.;I, :l!.i,,. ,.;,,,:I. L-nl.,. � .,,:,I,;• 1.....,,, •I „I,,,I•. .,,..,,,. ...I,.,.,. ,.-.I,,,,,. I :',:"•I I,. ,r,,.,..Inlrrluns ,chtgq„mdaW.rr�r datasaua&q guhc+lrr� I.-I,i.�„ I,,,..I:L11, I,I IInI I,b^�.I r•I Iu'-IL,,:..II I.......I, ,.b�'i'a.11 ,.:,,.,II, <,ul,:n I ,,.,,,I, ,I 1,',I3.rrP OW rerlurtQrt lu brapki 2lhi�'rbl[n.IIIItC"141f. Form identification:TX498-Wichita Falls Housing Assistance Program form HUD-50077-SL(Form ID-375) printed by Joshua Woodworth in HUD Secure Systems/Public Housing Portal at 05/03/2024 10:13AM EST hCtps://hudepps.hud.goviordslofplh rionfundH_752016395116p1861 60/5 0 2:7 sl I'secs: ,n-i d. Si• `•.°. PAGE 12 OF 12 PAGES AGENDA ITEM NO. 9.A CITY COUNCIL AGENDA June 4, 2024 ITEM/SUBJECT: Resolution authorizing the City Manager to execute all documents necessary to purchase the Falcon Complete Endpoint Detection and Response solution from CDW Government LLC in the amount of $196,822.13. INITIATING DEPT: Information Technologies & Facilities STRATEGIC GOAL: Efficiently Deliver City Services STRATEGIC OBJECTIVE: Practice Effective Governance COMMENTARY: The IT division is replacing the current anti-virus software package with the Falcon Complete product by Crowdstrike. This is an Endpoint Detection and Response solution. This product monitors our computers 24x7 for suspicious activity and notifies us of any issues that are found. This is a 16-month contract that includes the remaining four months of this fiscal year, $44,942.19, and the next fiscal year's portion, $151,879.94. The 2024 budget included funds in the hardware and software replacement account. The amount due in October was placed in the 2024-25 proposed budget. The removal of our current antivirus package will offset some of the cost. CDW Government LLC is a reseller for Crowdstrike and CDWG Government LLC is on the Texas Department of Information Resources (DIR) purchasing contract. It is recommended that the City Council authorize the City Manager to sign all documents necessary to purchase the Falcon Complete Endpoint Detection and Response solution from CDW Government LLC in the amount of $196,822.13. ® Assistant City Manager ASSOCIATED INFORMATION: Resolution ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 1 OF 2 PAGES AGENDA ITEM NO. 9.B Resolution No. Resolution authorizing the City Manager to execute all documents necessary to purchase the Falcon Complete Endpoint Detection and Response solution from CDW Government LLC in the amount of $196,822.13 WHEREAS, the IT Division will purchase the product now at a cost of $44,942.19 with budgeted hardware and software replacement funds; and, WHEREAS, the remaining balance will be paid for in October of 2024 in the amount of $151,879.94; and WHEREAS, CDW Government LLC is a reseller for Crowdstrike and CDWG Government LLC is on the Texas Department of Information Resources (DIR) purchasing contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is authorized to execute all documents necessary to purchase the Falcon Complete Endpoint Detection and Response solution from CDW Government LLC in the amount of $196,822.13. PASSED AND APPROVED this the 4th day of June, 2024. MAYOR ATTEST: City Clerk PAGE 2 OF 2 PAGES AGENDA ITEM NO. 9.B CITY COUNCIL AGENDA June 4, 2024 ITEM/SUBJECT: Resolution authorizing the City Manager to award contract for the 2024 Sanitation Dumpster Maintenance to Gloria Villarreal Welding. INITIATING DEPT: Public Works / Sanitation STRATEGIC GOAL: Efficiently Deliver City Services STRATEGIC OBJECTIVES: To Provide Adequatelinfrastructure COMMENTARY: On May 14, 2024, proposals were opened for the 2024 Sanitation Dumpster Maintenance contract. The current contract is set to expire and therefore, must be replaced with a new agreement. The current agreement has been a very successful arrangement, and has been essential in eliminating the backlog of dumpster maintenance and has allowed for a consistent and adequate inventory of dumpsters to serve our commercial customers. The City currently has an inventory of approximately 5,500 dumpsters for solid waste collection services. The service contract will outsource specialty labor, materials, tools and equipment necessary to provide repair and painting of solid waste dumpsters. The City received two proposals as follows: • Gloria Villarreal Welding —Wichita Falls, TX • Lindeman Welding — Burkburnett, TX Due to the 60% overall increase in the repair costs, Staff has increased the budget for this work from $250,000 to $325,000. These services are provided on an as-needed basis; therefore, staff will ensure the services provided stay within the budgeted amounts. Gloria Villarreal Welding has provided this service to the City for the last 7 years, and staff has been satisfied with their performance of the contract. Therefore, based on this criterion, Staff recommends award of the service contract to Gloria Villarreal Welding based on best overall value for the City. ® Director, Public Works ASSOCIATED INFORMATION: Resolution, Proposal Tab ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 1 OF 3 PAGES AGENDA ITEM NO. 9.0 Resolution No. Resolution authorizing the City Manager to award contract for the 2024 Sanitation Dumpster Maintenance to Gloria Villarreal Welding WHEREAS, the City of Wichita Falls has advertised for proposals for the 2024 Sanitation Dumpster Maintenance; and WHEREAS, it is found that the most responsible bidder is Gloria Villarreal Welding, who made a unit price proposal for services in an estimated amount of $250,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The unit price proposal for the 2024 Sanitation Dumpster Maintenance is awarded to Gloria Villarreal Welding, in an estimated total amount of $250,000.00, and the City Manager is authorized to execute a contract for the City with said Contractor for the construction of such project. PASSED AND APPROVED this the 4th day of June 2024. MAYOR ATTEST: City Clerk PAGE 2 OF 3 PAGES AGENDA ITEM NO. 9.0 2024 Sanitation Dumpster Maintenance GLORIA LINEMAN ITEM DESCRIPTION UNIT VILLARREAL WELDING WELDING , 1-3 Preparation, Primer and Painting of Frontload 3-yd Dumpster EA 5 195 5 700 1-4 Preparation, Primer and Painting of Frontload 4-yd Dumpster EA S 197 5 700 1-6 Preparation, Primer and Painting of Frontload 6-yd Dumpster EA 5 290 5 750 1-8 Preparation, Primer and Painting of Frontload 8-yd Dumpster EA S 315 S 800 1-A Preparazion, Primer and Painting of an Alley 3-yd Dumpster EA 5 265 S 700 2-3 Major Lid Repair of Frontload 3-yd Dumpster EA S 83 S 475 2-4 Major Lid Repair of Frontload 4-yd Dumpster EA $ 140 3 475 2-6 Major Lid Repair of Frontload 6-yd Dumpster EA 5 182 S 500 2-8 Major Lid Repair of Frontload 8-yd Dumpster EA S 182 $ B40 2-A Major Lid Repair of an Alley 3-yd Dumpster EA S 165 S 475 3-3 Minor Lid Repair of a Frontload 3-yd Dumpster EA $ 50 3 475 3-4 Minor Lid Repair of a Frontload 4-yd Dumpster EA S 55 $ 475 3-6 Minor Lid Repair of a Frontload 6-yd Dumpster EA S 55 S 500 3-8 Minor Lid Repair of a Frontload 8-yd Dumpster EA $ 55 $ 600 3-A Minoi Lid Repair of an Alley 3-yd Dui-nps`er EA 5 80 5 300 4-3 Top Frame Sides Repair/Replace of a Frontload 3-yd Dumpster EA S 410 3 400 4-4 Top Frame&Sides Repair/Replace of a Frontload 4-ycl Dun-ipste+ EA S 517 S 400 4-6 Top Frame&Sides Repair/Replace of a Frontload 6-yd Dumpster EA S 658 3 450 4-8 Top Frame.&Sides Repair/Replace of a Frontload 8-yd Dumpster• EA 5 658 S 600 • 4-A Top Frame&Sides Repair/Replace of an Alley 3-yd Dumpster EA S 370 $ 400 5-6 Sliding Doors for a Frontload 6-yd Dumpster EA S. 88 S 450 5-8 Sliding Doors for a Frontload 8-yd Dumpster EA S 88 8 500 6-3 Fork Sleeves and Scuff pads for a Frontload 3-yd Dumpster EA S 370 S 300 6-4 Fork Sleeves and Scuff pads for a Frontload 4-yd Dumpster EA S 370 5 300 6-6 Fork Sleeves and Scuff pads for a Frontload 6-yd Dumpster EA S 370 S 300 6-8 Fork Sleeves and Scuff pads for a Frontload 8-yd Dumpster EA 5 370 $ 300 7-3 Bottom Plate&Skid Repair/Replace for a Frontload 3-yd Dumpster EA S 570 5 600 , 7-4 Bottom Plate&Skid Repair/Replace for a Frontload 4-yd Dumpster EA $ 687 S 600 7-6 Bottom Plate&Skid Repair/Replace for a Frontload 6-yd Dumpster EA S 763 $ 600 7-8 Bottom Plate&Skid Repair/Replace for a Frontload 8-yd Dumpster EA S 763 S 700 7-A Bottom Plate S Skid Repair/Replace for an Alley 3-yd Dumpster EA S 456 S 6.00 .5.A Lift Pin for an Alley 3-vd Dumpster EA S 275 S 600 4 P,1isnellaneous shop Repairs for Dumpster EA 75 S 150 9-i3 Top Lid(nr n-slarit) Repair On 6-yd Dumpster EA 5 200 5 4715 9-8 Top Lid(non-slant) Repair on 8-yd Dumpster EA 5 200 5 500 10 Miscellaneous Field Repairs for Dumpster EA 5 75 5 150 , 10-66 Bottom Repair of 13-yd dumpster(new type) EA 5 930 3 500 1(:)-8 Bottom Repair of 8-yd dumpster(new type) EA S 930 3 60111 , 'SUBTOTAL $ '12,502 I $ 19,00C PAGE 3 OF 3 PAGES AGENDA ITEM NO. 9.0 CITY COUNCIL AGENDA JUNE 4, 2024 ITEM/SUBJECT: Resolution authorizing award of bid for the City's estimated annual requirement of Ready-Mix Concrete and Flowable Fill to Falls Concrete, LLC. INITIATING DEPT: Public Works STRATEGIC GOAL: Efficiently Deliver City Services STRATEGIC OBJECTIVE: N/A COMMENTARY: Bids were opened May 17, 2024, for the purchase of the City's estimated annual requirement of ready-mix concrete and flowable fill. The primary user is the Street Division for utility cuts and pavement repairs, however, other City departments will also utilize these materials throughout the year. Bids are requested by line item for five (5) different types of concrete mix allowing bidders to bid on all or specific items depending on their ability to provide the product. Three (3) responses were received, and the bid tabulation is attached. As you can see from the bid tab, prices have increased range from 4% up to 20% when compared to last year's prices. Staff recommends award of bid for the City's estimated annual requirement of Ready-Mix Concrete and Flowable Fill to Falls Concrete, LLC. Concrete and materials will be utilized on an as-needed basis for repair of streets, alleys, and other city infrastructure. ® Purchasing ® Director of Public Works ASSOCIATED INFORMATION: Resolution, Bid Tabulation ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 1 OF 3 PAGES AGENDA ITEM NO. 9.D Resolution No. Resolution authorizing the award of bid for the City's estimated annual requirement of Ready-Mix Concrete and Flowable Fill to Falls Concrete, LLC. WHEREAS, the City of Wichita Falls advertised and requested bids for the City's estimated annual requirement of ready mix concrete and flowable fill; and WHEREAS, bids were received and publicly opened on May 17, 2024; and WHEREAS, the City Council desires to purchase ready mix concrete and flowable fill for use by various city departments during the next twelve-month period. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Authorization is granted to award the bid for the City's estimated annual requirement of Ready-Mix Concrete and Flowable Fill to Falls Concrete, LLC. PASSED AND APPROVED this the 4th day of June, 2024. MAYOR ATTEST: City Clerk PAGE 2 OF 3 PAGES AGENDA ITEM NO. 9.D B . . 7 §2 \ N j 2 ) 2 Z / § § \ § 0o \ i [ § / J§i k ) D \m .■ - - - i ) Li' El fl /\� 8� Li' / / k \ \§. k` ( \` / \� \ / § « S`� ■ ■ ■ e ■ § § y y m - § § § § k ; f ) § ) ; ® 7()8 ■w ; mw@ m■ @ « §\ ! w '. #; [ k■ K §§ § (U t �`) k § §`k 2 2 2 . _ § § § | | / \ / \ . . a.. . IA 0 < 2 { - mw - D j 22 ! / § �L'j� mm + ■m ; ■m ! ! ka G o x '''E ° §k( § m § ■! e } ; s 0� 2 0)27 § \.. - - - - - - \ \ ez § - » r § ¥ \ \ \ < / )&§� 888 888 888 r '68 ■!« 222 ;■ [ q| ^/0 . � - / . )`\# G §ƒ § A°16 ,1/ ( (�k j j n . ; § | - er r .z 9 5\ )\ \< \ Lk!, §( §( co 0 §/ CITY COUNCIL AGENDA June 4, 2024 ITEM/SUBJECT: Resolution requesting permission to declare excess property and advertise for sale the City-owned property located at 3601 Armstrong Drive, more specifically described as a 0.344-acre tract of land out of William Anglin Survey, A-2, Wichita County, Texas; as required by Section 272.001 of the Texas Local Government Code. INITIATING DEPT: City Manager/Property Administration STRATEGIC GOAL: Accelerate Economic Development STRATEGIC OBJECTIVE: Support Neighborhood Revitalization COMMENTARY: The City-owned property located at 3601 Armstrong Drive lies adjacent to the Municipal Airport and consists of a 0.344-acre tract of land out of William Anglin Survey, A-2, Wichita County, Texas. This parcel lies outside the city limits and has an older modular building sitting on it. Staff believes it is in the City's best interest to offer this property for sale to the general public by sealed bid in an effort to develop the area. The City acquired this property in lieu of a demolition lien on a homesteaded property. Because of its location near the Municipal Airport, it was determined a good move to acquire the property. There have been numerous requests to purchase said property, and per Section 272.001 of the Texas Local Government Code we can offer to sell it by advertising and accepting sealed bids for the property. Upon approval, Property Administration will order an independent, certified appraisal of the property to determine fair market value. Staff requests the City Council approve the request to advertise this property for sale by sealed bid. Once bids are received, it will come back before Council to approve the bid to convey the property. ® Asst. City Manager ® Property Administrator ASSOCIATED INFORMATION: Resolution, Location Map, Aerial Map ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 1 OF 4 PAGES AGENDA ITEM NO. 9.E Resolution No. Resolution requesting permission to declare excess property and advertise for sale the City-owned property located at 3601 Armstrong Drive, more specifically described as a 0.344-acre tract of land out of William Anglin Survey, A-2, Wichita County, Texas; as required by Section 272.001 of the Texas Local Government Code WHEREAS, 3601 Armstrong Drive has been declared as excess property; and, WHEREAS, Texas Local Government Code Section 272.001 requires advertisement by published notification to the general public for a sealed bid sale; and, WHEREAS, it is the City's desire to promote development and enhance the area surrounding the entrance to the Municipal Airport. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is hereby authorized to approve the advertisement and all necessary steps to facilitate the sealed bid sale of 3601 Armstrong Drive. PASSED AND APPROVED this the 4th day of June, 2024. MAYOR ATTEST: City Clerk PAGE 2 OF 4 PAGES AGENDA ITEM NO. 9.E Location Map rr � I e Municipal Airport 75 3601 Armstrong Drive (shown as 3542) I QUO •Tip i41 FM 89 D • • af1Z7i ' -.01114.46. „ • A 4 ill s .. 3601 Ar mstrong•Dr �r : ' . oi nda[ibn Repairer, PAGE 3 OF 4 PAGES AGENDA ITEM NO. 9.E Aerial Location t v ... - 4 ar&. 4. ��p �y jF n 4 R a tir d 4 � ,b 1 n� Jive y�• r x �. F�n � � J' yx 414 a. • �• 601 rest ohg ,* r • iF_ M L.. � 11l .. .„ Hertz ..�„ x , if .46 „, I e` 1 �1941 M14M�',. PAGE 4 OF 4 PAGES AGENDA ITEM NO. 9.E CITY COUNCIL AGENDA June 4, 2024 ITEM/SUBJECT: Resolution authorizing the City Manager to enter into an agreement with Rock Island Construction for Design-Build Services related to the Kickapoo Downtown Airport Hangar Project and authorizing the payment of up to $67,840 in Preconstruction and Design Fees. INITIATING DEPT: Aviation, Traffic, & Transportation STRATEGIC GOAL: Provide Quality Infrastructure STRATEGIC OBJECTIVE: Create funding and construction opportunities for major infrastructure projects COMMENTARY: On April 9, 2024, the City of Wichita Falls received four proposals for Design-Build services on the Kickapoo Downtown Airport Hangar construction project. After reviewing these, staff elected to interview all four firms. On May 2, 2024, the four firms were interviewed at the City of Wichita Falls Central Services Complex. These firms included M&F Litteken, Gary Baker and Associates, Trinity-Hughes Construction, and Rock Island Construction. All four companies are either local firms or have local leadership in their company. The following criteria were used to evaluate the interviewed firms: • Respondent & Team's Experience • Respondent & Team's Technical Competence • Respondent & Team's Capability to Perform • Respondent & Team's Past Performance Upon completion of the interview process, staff rated each potential candidate. Given the quality and reputation of each applicant, staff is confident that all four companies would have served well in a Design-Build capacity for this project. However, based on the results of the review, the firm of Rock Island Construction was selected. Rock Island Construction submitted the following fee schedule: Preconstruction Services: $15,000 Design : $49,000 Overhead/Profit 6% for the length of contract When compared to other similar projects, such as the 2020 Kickapoo Hangar Project, these fees show to be acceptable to staff. In the case of this project, two different sized box hangars will be designed compared to the single hangar structure built in 2021. If PAGE 1 OF 6 PAGES AGENDA ITEM NO.9.F this resolution is acceptable to City Council, Rock Island and their team will begin the design process once the Texas Transportation Commission formally awards the grant funds. After the design is complete and Rock Island develops a maximum guaranteed price, staff will bring that information to Council in the form of an agenda item for final approval. On March 19, 2024, the City Council formally approved accepting Texas Department of Transportation's Aviation Division grants in the amount of$1,329,000 for the construction of new hangars at Kickapoo Downtown Airport. In addition, the City of Wichita Falls anticipates receiving an additional $888,000 in TxDOT Airports Division grants over the next two years. Once complete, the project is estimated to generate approximately $12,000 per year in additional revenues for Kickapoo Downtown Airport. Staff anticipates that this project will begin construction in the fall of 2024. Staff recommends the selection of Rock Island for the Design-Build services for the Kickapoo Downtown Airport Hangar Project. ® Director, Aviation, Traffic, & Transportation ASSOCIATED INFORMATION: Resolution ; ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 2 OF 6 PAGES AGENDA ITEM NO.9.F Resolution No. Resolution authorizing the City Manager to enter into an agreement with Rock Island Construction for Design-Build Services related to the Kickapoo Downtown Airport Hangar Project and authorizing the payment of up to $67,840 in Preconstruction and Design Fees WHEREAS, the City of Wichita Falls desires to construct hangars at Kickapoo Downtown Airport in order to accommodate existing and future airport tenants; and WHEREAS, the City Council finds the City properly advertised for proposals for the Kickapoo Downtown Airport Hangar Project and complied with all applicable provisions of Chapter 2267 of the Texas Government Code; WHEREAS, the City Council finds that the City Council and City Charter have delegated the authority to the City Manager to make all actions authorized and/or required pursuant to Chapter 271 of the Texas Local Government Code as recodified in Texas Gov't Code § 2267.053; WHEREAS, the City Council finds, pursuant to resolution adopted on February 2, 2021 and otherwise, the City Council and City Manager have determined that the Design- Build method of obtaining the completion of this project will provide a better value for the City with respect to this expenditure than construction pursuant to receipt of competitive bids, and the City has validly used the procedures described in Chapter 271 of the Texas Local Government Code and Chapter 2267 of the Texas Government Code to obtain these services and complied with other statutory provisions related thereto; WHEREAS, Texas Gov't Code § 2267.053 provides: Texas Gov't Code § 2267.053. Delegation of Authority (a) The governing body of a governmental entity may delegate its authority under this chapter regarding an action authorized or required by this chapter to a designated representative, committee, or other person. (b) The governmental entity shall provide notice of the delegation, the limits of the delegation, and the name or title of each person designated under subsection (a) by rule or in the request for bids, proposals, or qualifications or in an addendum to the request. WHEREAS, the City received and evaluated proposals from general contractors and evaluated said proposals based on selection criteria outlined in the Request for Proposal in full compliance with Texas Gov't Code § 2267.255; and WHEREAS, according to the selection criteria that were established by the City, City staff have determined and the City Council finds that the Rock Island Construction proposal will provide the best value to the City of Wichita Falls for Design-Build services related to the Kickapoo Downtown Airport Hangar Project. PAGE 3 OF 6 PAGES AGENDA ITEM NO.9.F NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Council: (1) affirms the aforementioned findings; (2) selects Rock Island Construction as the offeror whose proposal offers the best value for the City, based on the published selection criteria and ranking evaluation; (3) authorizes the City Manager to execute an agreement, in a form approved by the City Attorney, with Rock Island Construction for Design and Preconstruction services for the Kickapoo Downtown Airport Hangar Project in an amount of $67,840; and (4) delegates authority to the City Manager to make determinations pursuant to Texas Gov't Code § 2267.053 and authorizes the City Manager to promulgate rules establishing such determination. Notwithstanding, the City Council must approve the Guaranteed Maximum Price pursuant to a Design- Build. PASSED AND APPROVED this the 4th day of June, 2024. MAYOR ATTEST: City Clerk PAGE 4 OF 6 PAGES AGENDA ITEM NO.9.F ROCK ISLAND PRE C N TRUCTION FEE PROPOSAL PR0iECT: RFQ#01-24KIcKAacC DOWNTOWN AWRPOR RAN CARS ICN/BUILC CLIE'IT: CFTY OF WICHITA FALLS DATE: 05/22/2024 PRICING: PRECONSTRUCTION SERVICES: 51 5,0D0.00 ARCFfITECTURE: $20.000.00 FOUNDATION DESIGN: $ 5,000.00 PEMB DESIGN: $13,000.00 MEP DESIGN: $ 9.000.00 TAS/ADA REVIEW: $ 2,000.00 OVERHEAD (3.00%j: $ 1,920.00 FEE(3.00%): $ 1 a TOTAL: $67,840.00 PRECONSTRUCTION SERVICES: 1. Establish and update bucker estimates 2_ Baseline schedules 3. Value engineering(as needed) 4_ Coordinate all design activi-ies 5. Identify pradu s f fini21)es for owner approval 5_ Facilitate pemurJrg with Aithcrity Having Jurisdiction 7. Compliance with TxDOT regulations a_ Coordinate and amend all OAC meetings PAGE 5 OF 6 PAGES AGENDA ITEM NO.9.F ROCK ISLAND ARCHITECTURE: 1. Provide stamped permit drawings ensuring design complies with all applicable codes FOUNDATION DESIGN: 1. F:e iew geotech report and PEMB design to determine foundation design 2. Provide layouts,sections and details for construct on 3. Provide engineered stamped drawings PEMB DESIGN: 1. Provide andhor bob layout 2. Provide column base plate reactions 3. Provide engineered stamped permit drawings 4. Provide a Letter of Design Certification MEP DESIGN: 1. Provide engineered stamped electrical plans 2 CamOreck energy compliance farms for lighting systems INCLUSIONS: 1. Worker's Compensation&General Liability Insurance 2. Professional Liability Insurance For all designers 3. All pricing based off of the complete design of two floor plan prototypes EXCLUSIONS: 1. Bonds(to be Incl.in construction cost) 2 Builder's Risk Insurance(to be incl.in construction cost) 3. Taxes&Impact Fees 4. Permitting cost 5. Civil Engineering(to be added as needed) 6. Geotechnical investigation by COWF) Rodney Martin President!ChieFOperating Dfficer • PAGE 6 OF 6 PAGES AGENDA ITEM NO.9.F CITY COUNCIL AGENDA June 4, 2024 ITEM/SUBJECT: Resolution authorizing the City Manager to execute a Professional Services Agreement with Kim ley-Horn and Associates, Inc. for traffic engineering services in an estimated amount of $187,000.00. INITIATING DEPT: Aviation, Traffic, & Transportation STRATEGIC GOAL: Actively Engage and Inform the Public STRATEGIC OBJECTIVE: Practice effective governance COMMENTARY: On April 4, 2023, the City Council approved staff's application for a Department of Energy grant under the Energy Efficiency and Conservation Block Grant program. Through this grant, the City of Wichita Falls received $155,820 for the synchronization of traffic signals. RFQ 02-24 solicited qualifications for traffic signal timing consultants, and four proposals were received. Staff elected to interview two of the four candidates: Kimley Horn and Lee Engineering The following criteria were used to evaluate the two interviewed firms: • Respondent and Team's Experience • Respondent and Team's Technical Competence • Respondent and Team's Capability to Perform • Respondent and Team's Past Performance Upon completion of the interview process, staff rated each potential candidate. Given the quality and reputation of each applicant, staff is confident that both companies would have served well for this project. However, based on the results of the review, the firm of Kimley Horn was selected. The Traffic Engineering Division will ask Kimley Horn to evaluate the following Wichita Falls arterials to improve traffic flow and progression: • Southwest Parkway from Barnett to Greenbriar • Lawrence Road from Callfield to Kell West • Scott from 5th St. to 10th St. • Kemp from Seymour Hwy. to Southwest Pkwy. This project is estimated to start in late summer/early fall. In the project, Kim ley-Horn will evaluate 34 intersections at a cost per intersection of$5,500 each. At this time, the Traffic Engineering Division has been performing traffic counts in anticipation of the data needs of the selected consultant. The goal of this project will be to safely reduce travel times on the City's arterial roadways. PAGE 1 OF 12 PAGES AGENDA ITEM NO. 9.G Budget: $155,820.00 Cost: $187,000.00 Budget Shortfall: $31,180.00 (Savings in Traffic Budget to cover balance) City staff recommends approval of this agreement. ® Director, Aviation, Traffic, & Transportation ASSOCIATED INFORMATION: Resolution, Professional Services Agreement ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 2 OF 12 PAGES AGENDA ITEM NO. 9.G Resolution No. Resolution authorizing the City Manager to execute a Professional Services Agreement with Kimley-Horn and Associates, Inc. for traffic engineering services in an estimated amount of $187,000.00 WHEREAS, the City of Wichita Falls desires traffic engineering services be performed to safely improve traffic flow on its arterial roadways; and, WHEREAS, the Department of Energy has provided an Energy Efficiency and Conservation Block Grant in the amount of $155,820.00 for traffic synchronization improvements; and, WHEREAS, the City of Wichita Falls' Traffic Engineering Division will provide $31,180 towards the cost of the project; and, WHEREAS, Kimley-Horn and Associates, Inc. was selected to provide traffic engineering services in an estimated amount of $187,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is authorized to execute a professional services agreement with Kimley-Horn and Associates, Inc., with changes thereto in a form approved by the City Attorney, in an estimated amount of $187,000.00 PASSED AND APPROVED this the 4th day of June, 2024. MAYOR ATTEST: City Clerk PAGE 3 OF 12 PAGES AGENDA ITEM NO. 9.G Kimley>>>Horn May 20,2024 Mr.John Burrus City of Wichita Falls 2100 Seymour Highway Wichita Falls,TX 76301 Re: Letter Agreement for Professional Services for Traffic Signal Timing Wichita Falls,TX Dear Mr.Burrus: Kimley-Horn and Associates, Inc. ("Kimley-Hom" or "Consultant") is pleased to submit this Letter Agreement (the "Agreement") to the City of Wichita Falls ("Client") for providing traffic signal timing services on selected corridors. Project Understanding The City of Wichita Falls requested this proposal for traffic signal timing services at 50 intersections,as detailed in Tasks 1-6 below. Scope of Services Kimley-Horn will provide the services specifically set forth below for the project intersections defined in each project task. Kimley-Horn will provide recommendations for new coordinated AM peak, Midday/Weekend, and PM peak timing plans for the intersections identified in the tasks below. Kimley-Horn will work with Client to develop coordinated timing strategies forthe project intersections,with a goal of reducing delay and stops along each arterial while managing delays for side-street approaches. The Midday/Off-Peak timing will be based on Midday count data, but this plan will be applicable to a large portion of the weekly schedule outside of the AM and PM peak periods, including the Weekend peak period. Kickoff Meeting At the outset of the project,Kimley-Horn will prepare for and attend one(1) kickoff meeting with Client to begin the exchange of data, discuss project tasks, and review the proposed project schedule. It is anticipated that this meeting will be held in-person at Client's office. Field Visit In the study area, Kimley-Horn will perform in-field observations of intersection operations and traffic patterns during AM, Midday, and PM peak periods. During these observations, Kimley-Horn will also collect pertinent intersection geometry and control information for developing new Synchro models. Kimley-Horn will coordinate peak site visits with Client staff to gain an understanding of strategies that have previously been applied to operating study intersections. It is anticipated that this will take place once schools have resumed in September. kirnley-horn corn 2600 N.Central Expressway, Suite 400, Richardson,Texas 75080 214-617-0535 PAGE 4 OF 12 PAGES AGENDA ITEM NO. 9.G Kimley>>>Harm Traffic Counts. Kimley-Horn will use traffic count data provided by Client to develop modified timing strategies for the AM, Midday/Weekend. and PM peak periods. Data collection will consist of peak period turning movement counts(TMCs)at the study intersections and one 24-hour machine count along each project corridor. Preparation of Modified Timing Strategies Kimley-Horn will work with Client to determine appropriate and consistent vehicular and pedestrian clearance interval calculations to be used for this and subsequent timing efforts. Kimley-Horn will document these calculation procedures in a memorandum for Client's reference. Kimley-Horn will recalculate the clearance intervals at project intersections accordingly. Kimley-Horn will develop new AM Peak,Midday.PM Peak,and Weekend Synchro models for the study intersections. Models will reflect new yellow, all-red, and pedestrian clearance intervals calculated as part of this task. Interval times will be compared to existing interval times to be obtained from existing timing sheets provided to Kimley-Hom by Client.Updated models will also include walk intervals agreed to by the Client. Synchro models will reflect recommended pedestrian service strategies. Once models have been developed and initial strategies have been prepared. Client and Kimley-Horn will meet to develop a consensus as to details of proposed operations for each intersection. After the review meeting.Kimley-Hom will provide Client with printouts of the Synchro timing sheets for AM. Midday/Weekend. and PM timing plans. All such submittals will be provided in .pdf format. It is assumed that actual changes to controller timing will be implemented by Client. Kimley-Horn will be available to answer questions while Client is coding and implementing these new timing plans.Synchro models can be also provided if Client deems them useful. Timing Plan Implementation and Fine-Tuning On mutually agreed-upon days. Kimley-Horn will arrange to be available on the street to observe new timing as it is made operational. Kimley-Horn will then perform on-street fine tuning for the AM,Midday, and PM peak periods. It is anticipated that fine-tuning will be performed during peak periods on two weekdays. This phase of the project is anticipated to consist of adjustments to splits,offsets,and basic operational parameters in the controllers. It is anticipated that Client staff will be available to assist with field changes, but that Kimley-Horn staff will have access to cabinets and controllers to make changes as necessary. It is assumed that for any times when Kimley-Hom staff will be responsible for performing field changes.Client staff will be available by phone to answer questions or assist with questions related to changes being entered into the controllers. Project Documentation The initial deliverable for this project is draft signal timing plans to be implemented on the street.The final deliverables will be Synchro models that reflect all in-field fine-tuning adjustments made during this project, a one-page flyer summarizing measures of effectiveness from Synchro and INRIX kfmley-horrf turn 2500 N.Central Expressway,Suite 400,Richardson,Texas 75080 214-617-0535 PAGE 5 OF 12 PAGES AGENDA ITEM NO. 9.G KimIey '>)1 IoI 1 1 Page 3 Roadway Analytics, and a brief memo documenting additional recommendations (e.g. low-cost modifications that the Client could make to further enhance traffic operations in the project area). Task 1: Southwest Parkway Signal Timing Kimley-Horn will provide the services defined above for the following eleven (11)project intersections on Southwest Parkway: 1. Southwest Parkway&Greenbrier Road 2. Southwest Parkway&Professional Drive 3. Southwest Parkway&Stone Lake 4. Southwest Parkway&Taft Boulevard 5. Southwest Parkway&Maplewood Avenue 6. Southwest Parkway&Kemp Boulevard 7. Southwest Parkway&Rhea Road 8. Southwest Parkway&McNeil Avenue 9. Southwest Parkway&Fairway Boulevard 10. Southwest Parkway&Cypress Avenue 11. Southwest Parkway&Barnett Road Task 2: Kemp Boulevard Signal Timing Kimley-Horn will provide the services defined above for the following twelve (12) project intersections on Kemp Boulevard: 1. Kemp Boulevard&Elliott Street 2. Kemp Boulevard&Sikes Senter 3. Kemp Boulevard&Call Field Road/Midwestern Parkway 4. Kemp Boulevard&Maplewood Avenue 5. Kemp Boulevard&Hampstead Lane 6. Kemp Boulevard&Piedmont Place/Avenue U 7. Kemp Boulevard&Kell East Boulevard 8. Kemp Boulevard&Kell West Boulevard 9, Kemp Boulevard&Avenue K 10. Kemp Boulevard&Avenue H 11. Kemp Boulevard&10th Street 12. Kemp Boulevard&9th Street Task 3: Lawrence Road Signal liming Kimley-Horn will provide the services defined above for the following five (5) project intersections on Lawrence Road: 1. Lawrence Road&Call Field Road 2. Lawrence Road&Maplewood Avenue 3. Lawrence Road&Gregory Street 4. Lawrence Road&Kell East Boulevard 5. Lawrence Road&Kell West Boulevard kimley-horn corn 2600 N.Central Expressway,Suite 400. Richardson,Texas 75080 214-617-0535 PAGE 6 OF 12 PAGES AGENDA ITEM NO. 9.G >>'Horn Page Task 4: Broad Street/Holliday Street Signal Timing Kimley-Horn will provide the services defined above for the following sixteen (16)project intersections on Broad Street and Holliday Street: 1. Broad Street&8th Street 2. Broad Street&9th Street 3. Broad Street&10th Street 4. Broad Street&11th Street 5. Broad Street&12th Street 6. Broad Street&13th Street 7. Broad Street&14th Street 8. Broad Street&15th Street 9. Holliday Street&8th Street 10. Holliday Street&9th Street 11. Holliday Street&10th Street 12. Holliday Street&11th Street 13. Holliday Street&12th Street 14. Holliday Street&13th Street 15. Holliday Street& 14th Street 16. Holliday Street& 15th Street Task 5: Scott Avenue Signal Timing Kimley-Horn will provide the services defined above for the following four(4) project intersections on Scott Avenue: 1. Scott Avenue&61h Street 2. Scott Avenue&7th Street 3. Scott Avenue&8th Street 4. Scott Avenue&911 Street Task 6: Spur 325/Sheppard Access Signal Timing Kimley-Horn will provide the services defined above for the following two (2) project intersections on Spur 325/Sheppard Access: 1. Spur 325/Sheppard Access&Enterprise Street 2. Spur 325/Sheppard Access&Burkburnett Road Additional Services Any services not specifically provided for in the above scope will be billed as additional services and performed at our then current hourly rates. Additional services we can provide include, but are not limited to,the following • Presentations and/or additional meetings • Development of additional coordinated traffic signal timing plans • Additional intersections • Additional peak or off-peak periods kimley-horn corn 2600 N.Central Expressway,Suite 400. Richardson,Texas 75080 214-617-0535 PAGE 7 OF 12 PAGES AGENDA ITEM NO. 9.G Kimley>>)Horn Page 5 • Additional special school-related timing, outside of efforts during normal fine-tuning days • Additional in-field fine-tuning efforts Information Provided By Client We shall be entitled to rely on the completeness and accuracy of all information provided by the Client or the Client's consultants or representatives. The Client shall provide all information requested by Kimley-Horn during the project, including but not limited to the following: • Current traffic signal timing for project intersections,including all parameters needed to develop accurate Synchro simulation models • Information defining phase orientations at each intersection Schedule We will provide our services as expeditiously as practicable with the goal of meeting a mutually agreed upon schedule,to be determined as an initial work phase of the project. Fee and Expenses Kimley-Ham will perform the services in Tasks 1-6 for the total lump sum fee below. Individual task amounts are informational only. All permitting, application,and similar project fees will be paid directly by the Client. Task 1 Southwest Parkway Signal Timing $60,500.00 Task 2 Kemp Boulevard Signal Timing $66,000.00 Task 3 Lawrence Road Signal Timing $27,500.00 Task 4 Broad Street/Holliday Street Signal Timing $88,00.0.00 Task 5 Scott Avenue Signal Timing $22,000.00 Task 6 Spur 325/Sheppard Access Signal Timing $11,000.00 Total Lump Sum Fee $275,000.00 Lump sum fees will be invoiced monthly based upon the overall percentage of services performed. Payment will be due within 25 days of your receipt of the invoice and should include the invoice number and Kimley-Horn project number. Closure In addition to the matters set forth herein, our Agreement shall include and be subject to,and only to, the attached Standard Provisions, which are incorporated by reference. As used in the Standard Provisions,"Kimley-Horn"shall refer to Kimley-Horn and Associates, Inc.,and"Client"shall refer to the City of Wichita Falls.. kiinley-horn corn 2600 N.Central Expressway,Suite 400,Richardson,Texas 75080 214-617-0535 PAGE 8 OF 12 PAGES AGENDA ITEM NO. 9.G Kimley>>)Horn Page 6 Kimley-Horn, in an effort to expedite invoices and reduce paper waste,submits invoices via email in a PDF. We can also provide a paper copy via regular mail if requested. Please include the invoice number and Kimley-Horn project number with all payments. Please provide the following information: Please email all invoices to Please copy To proceed with the services, please have an authorized person sign this Agreement below and return to us. We will commence services only after we have received a fully-executed agreement.Fees and times stated in this Agreement are valid for sixty(60)days after the date of this letter. We appreciate the opportunity to provide these services. Please contact me if you have any questions. Sincerely, KIMLEY-HORN AND ASSOCIATES,S, INC. /o/ 2 Signed: 1 y j /J� Printed Name: David M. Halloin, P.E., PTOE Title: Practice Leader CITY OF\MCHITA FALLS SIGNED: PRINTED NAME: TITLE: DATE: Client's Federal Tax ID: Client's Business License No.: Client's Street Address: Attachment—Standard Provisions kimley-horn.com 2600 N.Central Expressway,Suite 400,Richardson,Texas 75080 214-617-0535 PAGE 9 OF 12 PAGES AGENDA ITEM NO. 9.G KIMLEY-HORN AND ASSOCIATES,INC. STANDARD PROVISIONS Kimley-Horn's Scope of Services and Additional Services, Kimley-Horn ;vI!I aervrrn •:.•ify tire .rerv'ces speccitir:ally described in this Adreenerit. If requested by the Client Arid agreed to L•, will perform Additional Services, which shall be governed by these provisions. Unless otherwise agreed to in writing.the Client shall pay Kirnley-Hors+for any Additional Services en amount basee upon Kimley-Horn's then- current hourly rater plus an amount to cover certain direct 2xpensez. rnclueing telecommunications, in-house reproduction postage, supplies, project re:. te0 corriputei time and lost:sat mileage. Other direct expenses vinll be billed at 115 times cost Client's Responsibilities. In addition to other responsibilities herein or imposed by law,the Client shall; a Designate in writing a person to act as its representative such person having complete authority to transmit insti unrtionS rer::eive informatioii 3r::d rnake or interpret the Crienf's decisions. b Pro',,ne a^I vrfor mation and a vend as to the Clienr5 requires•,_nr-,.;;i-i-cri,,es and expectations for the project and all standards of development.design,or construction. c. Provide Kimle'v-Horn all a aiiable s±uclies plans. or other doc,Jrne.rr-n pertaining to the project such as surveys, engineering data,envuorimertal intormaiion.et!.'. al of whirl l-;.nlP`:-Horn may rely upon. ci Arrange for access. to Vie site and other property as required i•ar kin•:iey-Horn to provide its services. e. Review all documents ui reports presented by Kirriley-Horn and communicate decisions pertaining thereto within a reasonable time so as not to delay Kimley-Morn. f Furnish approvals and permits from governmental authorities having jurisdiction over the project and approvals and consents from other parties as may be necessary. q Obtain any independent accounting. legal insiiia ice cost estimating and feasibility services required f:+v Client h. Give prompt written notice to Kimley-Horri whenever the Client e=_a::a ri n•; . Off l rl'Thar allvests }iimley-Horn's services or any defect or noncompliance in any aspect of the prof ri 3) Period of Services. Unless otherwise stated herein Rimfey-Hari will begin ,;.roil,. _rtc receipt of a properly executed copy of this Agreement This Agreement assumes coni lilt.iri:,l:ie ratiri c r.ii iunua and orderly progress through completion of the services. Times For performance :hail :;, er:ie';led an necessary or delays or suspensions due to circumstances that Kimley-Horn does not c ntr:.l It-mr-t-i de!s:,c,-suspension e.rtends for more than six months,Kimley-l-iorn a compensation shall be reneg•.:titste:! 4) Method of Payment. C-sent shall Tray Kimley-Harp asfol!::::,:,s.. a. Invoices will be s.Llztrtted periodically for services perk:rmed .and expense=_ incurred Payment of each invoice '•:il be due within 25 days of receipt The Client shall alas pa•,•any applicable sales tax All retainers will be held Lr, ;niley-H iri,rand applied against the final invoice Interest voll he sal -1 to c .r.-tr,-rot. nnu t iri :i:r•s;i the•o rrvirn rrr rate allowed by law If the Client tsars to make any pa:risienl(ii.li' it e i `fi s or c,ny otsier :I rr='r c'1ii ^alirri dO days alter k;lrriley-Horri s transmittal or its notice to 11ir•(.:lip.-rift suspend services and withhold deliverables until all_amounts due are paid b. If the Client relies on payment or proceeds from a third party to pay Kin-dc-i Horn and C,:he r aces not,:lay k I nley- Horn's invoice within Ein days of receipt, Kitley-Horn may communicate directly with such third party to secure payment. c If the Client objects to en invoice, it must advise Kimley-t-lorn in writing giving its reasons within 14 days of receipt of the invoice or the Client's objections will be waled and the invoice shall conclusively be deemed due and owing If the Client objects to only a portion of the invoice. payment foi all other portions remains due. ii If Kirnley-Horn initiates ieual proceedings to collect payment it may recover in additioc to all amounts due, its reasonable atloiriey5 Fees, iea_:lmal)le expert;' tees, a'ul otnei expenses related to the proceedings Such expenses shall include the i:ost, at Kimley-Horn's normal hourly billing rates, of the time :Ie•roted to such proceedings by its employees e The Client:ao'ees that the l%:.=.',^sent to Kimley-born is not subject to any contingency or condition, Kimley-Hem nray negotiate I'ayrient..r-i Ili:•;C'ieck tendered by file Client,even it the words in toll Satisfaction•or words intended to have similar effect appear on the check vathout such negotiation being an accord and satisfaction of anydlsputed debt and without l:eluci._-in any right of Kimsey-Horn to collect additional amounts from the Client 5} Use of Documents. All dt.:n.,rner:is a..a data prepared by Kimley-Horn are related exclusively to the s+ivrces described in this Arareenr:rt a ra in,-r;' be used only if the Client has satisfied ail of 4s obtlpations uiii!el this Agreemi n; •etrresent-:ci to be suitable for use _si ieuse by tire Client r.i others fill e:•:tensr s this project ^ any other khrcject Any modifications by the Client to any of Kirdley-How's documenta or arty reuse of ty.n documents without wrinen authorization by Kimley-Horn wilt be attire Client's sole risk: ;_rid without llal'rild t:: Viirile';-Horn. and the C„errt shall indemnify. defend and hold Kv'nley-Horn r,-iimess:, from all claims d.vrm?•gv , losses and expenses including but not limited to attorneys'lees, resultin•ra ii-ier=_frort Kimley-Horn's electronic files and source rode remain the property of Kimley-Horn and shall he prr::::Imod ro the Rev Ot/202 PAGE 10 OF 12 PAGES AGENDA ITEM NO. 9.G Client only if expressly provided far in this Agreement Any electronic files not containing an electronic seal are provided only for the convenience of the Client and use of them is at the Clients sole risk.. In the case of any defect in the electronic files or any discrepancies between them and the hardcopy of the documents prepared by Kimley-Horn,the hardcopy shall govern B) Intellectual Property. Kimley-Horn may use or develop its proprietary software,patents,copyrights.trademarks, trade secrets, and other intellectual property owned by Kimley-Horn or its affiliates("Intellectual Property')in the performance of this Agreement Unless explicitly agreed to in writing by both parties to the contrary; Kimley-Horn maintains all interest in and ownership of its Intellectual Property and conveys no interest,ownership,license to use, or any other rights in the Intellectual Property to Client. Any enhancements of Intellectual Property made during the performance of this Agreement are solely owned by Kimley-Horn and its affiliates. If Kimley-Horn's sery Ices include providing Client with access to or a license for Klmley-Horn's(or its affiliates')proprietary software or technology. Client agrees to the terms of the Software License Agreement set forth at htto.511www.klmley- horn.com/ktits-software-ficense-aoreerrient ("the License Agreement") which terms are incorporated herein by reference. 7) Opinions of Cost. Because Kimley-Horn does not control the cost of labor. materials, equipment or services furnished by others. methods of determining prices, or competitive bidding or market conditions, any opinions rendered as to costs. including but not limited to the costs of construction and materials,are made solely based an its judgment as a professional familiar with the industry. Kimley-Horn cannot and does not guarantee that proposals, bids or actual costs will not vary from its opinions of cost. If the Client wishes greater assurance as to the amount of any cost it shall employ an independent cost estimator Kimley-Horn's services required to bring costs within any limitation established by the Client will be paid for as Additional Services. 8) Termination. The obligation to provide further services under this Agreement may be terminated by either party upon seven days'written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof,or upon thirty days'written notice for the convenience of the terminating party. Kimley-Horn shall be paid for all services rendered and expenses incurred to the effective date of termination,and other reasonable expenses incurred by Kimley-Horn as a result of such termination p) Standard of Care. The standard of care applicable to Kimley-Horn's services will be the degree of care and skill ordinarily exercised by consultants performing the same or similar services in the same locality at the time the services are provided No warranty, express or implied. is made or intended by Kimley-Harris performance of services,and it is agreed that Kimley-Horn is not a fiduciary with respect to the Client. '10) LIMITATION OF LIABILITY, It-I RECOGNITION OF THE RELATIVE RISKS AND BENEFITS OF THE PROJECT TO THE CLIENT AND KIMLEY-HORN,THE RISKS ARE ALLOCATED SUCH THAT TO THE FULLEST EXTENT ALLOWED BY LAW, AND NOTWITHSTANDING ANY OTHER PROVISICf:'3 7F T-li AGREEMENT OR THE EXISTENCE OF APPLICABLE INSURANCE COVERAGE,THAT THE TOTAL LIAB,LIT7 In THE AGGREGATE, OF KIMLEY-HORN AND KIMLEY-HORN'S OFFICERS, DIRECTOR`. EMPL.':.`,'EES AGENTS. AND SUBCONSULTANTS TO THE CLIENT OR TO ANYONE CLAIMIr;C B' Hf 0'.i; C R ul.IDER THE CLIENT, FOR ANY AND ALL CLAIMS,LOSSES,COSTS OR DAMAGE''`.l !T C'=V R F;IS l i +iF OR IN ANY WAY RELATED TO THE SERVICES UNDER THIS AGREEf:ilEri -N::Na r',fl'i,CALL,ES III.=.Ll DII"IG BUT NOT LIMITED TO, THE NEGLIGENCE, PROFESSIONAL ERRORS OR OMISSIONS, STRICT LIn"EILITY OR BREACH OF CONTRACT OR ANY WARRANTY, EXPRESS OR IMPLIED: OF KIMLEY-HORI"i i= r-.IMLEY- HORN'S OFFICERS.DIRECTORS,EMPLOYEES,AGENTS,AND SUBCONSL ILTANTS.SHALL ri.,TrrEMCEED TWICE THE TOTAL COMPENSATION RECEIVED BY KIMLEY-HORN UNDER THIS AGREEMENT WHICHEVER IS GREATER HIGHER LIMITS OF LIABILITY MAY BE NEGOTIATED FOR Ar30-1lC"IO"I_ FEE THIS SECTION IS INTENDED SOLELY TO LIMIT THE REMEDIES AVAILABLE TO THE(-_-.L;E1'T uR T I-G.SE CLAIMING BY OR THROUGH THE CLIENT. AND NOTHING IN THIS SECTION SHALL REQUIRE THE CLIO'.T TO INDEMNIFY KIMLEY-HORN. 11) Mutual Waiver of Consequential Damages. In no event shall either party he table to the other for any consequential.incidental,punitive.or indirect damages including but not limited to loss of Income or lass of profit t?) Construction Costs. Under no circumstances shall Kimley-Horn be liable for extra costs or other consequences due to unknown conditions or related to the failure of contractors to perform work in accordance with the plans and specifications. Kimsey-Horn shell have no liability whatsoever for any costs arising out of the Clients decision to obtain bids or proceed with construction before Kimley-Horn has issued final, fully approved plans and specifications The Client acknowledges that all preliminary plans are subject to substantial revision until plans are fully approved and all permits obtained Fey 00/202 PAGE 11 OF 12 PAGES AGENDA ITEM NO. 9.G 1 ) Certifications. Alt requests for Kimley-Horn to execute ceitifrrates,lender consents,or other third-partyreliance letters must be submitted to Kimley-Horn at iez,st 1-days prior to the requested crate of e'vc=utio'n. I<.rmley-Horn shall not be required to av:ecute certificates,consents or third-parry reliance letters that are inaccurate,that relate to facts of Which Kimley-Horn does not have actual knowledge or that would cause Kimley-H.crn to violate applicable rules of professicnnl responsibility 14) Dispute Resolution- All claims arising out of this Agreement or its breach shall be submitted first to mediation in accordance with the American Arbitration Association as a condition precedent to litigatrcr. ,Any mediation or civil action by Client must be carimenced within one year of the accrual of the cause of action asserted but in no event later titan allowed by applicable statutes. 15) Hazardous Substances and Conditions. Kimley-Horn shall not be a custodian.transporte'.handler.arranger. contractor. or remsciator with respect to h_arardous substances and conditions Kinney-Harn's services will be vte9 ro analysis recommendations and reporting ir•cuding, ;when agreed to plans and specifications far. reinedrat.ron Kimley-Horn will notify the Clrerit of unanticipated hazardous subsrances or c,rir:',ion; her Kimley-I-lom actually becomes aware. Kimley-Horn may stop affected portions of its services until 1:-c Ih;azardrnis substance or condition is eliminated 16) Construction Phase Services a. If Kinder-Horn prepares c'onstructir•n documents and I'.imley-Hum is viol retainers to make visits,the Client assumes all responsibility for interpretation of the documents and for construction observation,and the Client waives any claims against Kimley-I-loin in any way connected thereto. Kimley-Horn shall bane no responsibilrty for any contractor's means methods techniques,equipment choice and usage, equipment rnantenarice and. inspectiohi sequence. schedule safety programs. or safety practices nor !".rnlle'f'-Horn Cave any ai,thonty cir iesr.'onsit:ii;tl'to stop or ,Brett the work of sriy contractor Kimley-Horri•S ynl1 be for the purpose Of endeavoring to proviclethe Client a greater degree of confidence that the completed _di' of its contractors will generally conform to the construction documents prepared by Kimley-Horn IKimley- Hcii i•i:either guarantees the Sae:formance of contractors.nor assumes responsibility for any contractor's failure to r-i n its:'cork in accordance with the contract docxaments. i•ari it=, I-i�_,s is riot responsible for ass rluties assigned to it in the construction contract that are not expressly 1;r_;viri£-:rt for m this Agreement The Client agrees that each contract with any contractor shall state that the .:oniirycioi snail be solely reasonable for job site safety and its:means and methods that the contractor shall darn i.iv the Client and Kimley-Horri for all claims and liability answ:a out of lob site accidents:and that the Client and kin iliss Horn shall tie made additional insureds under the Contractor's general liability insurance policy.. ttcr Third-Patty Beneficiaries:Assignment and Subcontracting. This Agreement gives no rights or benefits to =n•rare other than the Client and Kimrev-Horn and all duties and responsibilities undertaken pursuant to this ;zgreement will be for the sole benef^t of the Client and Kimley-Horn. The Client shall not assign or transfer any sill under 01 interest in this Agreement.ci viny claim arising out of the performance or services try Kinsey-Horn, othoi.lt the 4wifter consent of Kimley-t-corn. Rir`e'y-Horn teseryes.the right to augment its staff with subconsuitants it deems appropriate due to project logistics. schedules or market conditions. If Kimley-Horn exercises this r:'sts Kimley-Horn will rriar.':t:ain the agreed-upon billing rates for services identified in the contract, regardless of whether the services are provided by in-house employees:contract employees.or independent suboonsultantr. 1 tt Confidentiality. The Client consents to the use and dissemination by Kimley-Horn of photographs of the project and to the use by Kimley-Horn of lacfs, data and information obtained by Kimley-Horn in the performance of its services. If however any facts data or information are specifically identified in writing by the Client as confidential Kimley-Horn shall use reasonable care to maintain the conhderrtrality of that rnatenaI. 19) Miscellaneous Provisions. This Agreement^s to be governed by the law of the State of Texas.This Agreement contains ;ire entire and t.,ll•; in'r.r=grated agreement between the parties and sup:r:rscdes .-il pri,';r and contemporari-crrs.negohaficr s'f::esentabons,agreements.or understandings,whether:•;n Di Dual Except as proc'C:+?ir i i dTv;,`.IC::I 1 i•lis Agie ine+it calf be supplemented of amended only by a written lfOl:.rt rl i'.ra executed by hothi eat Cr, Any c_:tflrAinp or additionii.11 terms on any purchase order issued by the Client :.ir,a•`.:•e void and are here':•, t'n reaSy:ejected by K+mley-Horn, If Client require-3 Kumle'y-Horn to register with or use an online vendor portal for payment or any other purpose, soy terms included in the registration or use c'toe online vendor portal that are inconsistent or in addition to these terms shall be void and shall have no effect oe Kiiale,'-Horn or tli:•: SeFeeniest Any provision in this A'reerrient tb'i_it is Unenlcrceat,te shall be..ineffective•to the'i.tC r4 of s.,-.li ,..i�iid i eas r.,',:iitiioi t in'aiidctirip the rernaiiring I ro'isionrs The rioil-e'rfoicerllerrt of any r ji,.,ri i'r= 1.ti ity 5h•a11 not consiltitea waiver of ihat provision nor shah it affect the enforceability of that provisisl id the remainder of this Agreement Rev 06/2023 PAGE 12 OF 12 PAGES AGENDA ITEM NO. 9.G CITY COUNCIL AGENDA June 4, 2024 ITEM/SUBJECT: Resolution authorizing the purchase of a Ford Transit Cargo Van for the Wichita Falls Public Library through the BuyBoard Purchasing Cooperative from Caldwell Country Ford, LLC dba Rockdale Country Ford in the amount of $58,500.00. INITIATING DEPT: Aviation, Traffic & Transportation STRATEGIC GOAL: Actively Engage and Inform the Public STRATEGIC OBJECTIVE: Improve the City's reputation COMMENTARY: The Wichita Falls Public Library received a generous grant of $80,000 from the Priddy Foundation to purchase, outfit, and customize a light commercial vehicle. The Library intends to use this vehicle for public outreach and to attend community events. The balance of the funds will be used to wrap the new van and accessorize it to meet the Library's needs. Texas Local Government Local Government Code §252.022 exempts items purchased through interlocal cooperative purchasing contracts from the State's competitive bidding requirements. This chapter does not apply to expenditure for. . . (12) personal property sold. . . under an interlocal contract for cooperative purchasing administered by a regional planning commission established under Chapter 391. Staff recommends approval of the resolution authorizing the purchase of a Ford Transit Cargo van through the BuyBoard Purchasing Cooperative from Caldwell Country Ford in the amount of $58,500.00. Budgeted amount: $80,000.00 (Includes all accessories) Actual Cost: $58,500.00 (Vehicles only) Savings: $21,500.00 (Available for outfitting and accessories) ® Assistant City Manager ® Director of Finance ® Director of Aviation, Traffic & Transportation ASSOCIATED INFORMATION: Resolution ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 1 OF 4 PAGES AGENDA ITEM NO. 9.H C AL.DWELL COU'TRT FORD dba ROCEM LE COt TRI'FORD 419 W I8 EL 79 ROC hJ/3.LE.TEXAS 76567 BUVBOARD'2-i-_3 End User: WECIET A FALLS Caldwell Rep:MARCUS SHAW 0=2497 Contact: DOLNALD MCEWEN Phone: (979)567-1500 Phone.EmeiL DDONAZD1tiICEWI?NQR'IC1ffTAFALS T GOV Date: Tuesday,April 23,2024 Product Description: Ford Transit Cargo Van(R3X}T-2501487 EL HI FI9070 C7VWF Emil; tt.HAII:T1SO. rrplu1TFIVFPAa'rt.F A Bid Series: 130-TRANSIT250 El ROOF A.Base Price: 5 57,290.00 B. Published Options[Itemize each below] Code Model Vehicle R3X Ford Tran rt Cargo Ven(R3X)T-250 1487 EL Hi Rf 9070 GVWTt IZWD Code Options gird Price Code Captions Bid Price 17A Fined Rear Cargo Door Glass $0.00 101A Order Code 101A $0.00 213 Dark Palazzo Gray Vinyl Dr Bucket 8s Dua $0.00 16E Front&Rear Vinyl Floor Covering $0.00 43R Reverse Setting System $0.00 4 4i Transmi-co o:10-Spd Automatic vreOD&Selec $0.00 544 Lone-Arm Manua!-Foldigg Heated Parr Adj $0.00 9998 Fnpina:3.5L PFlk V6 Flex-Fuel el $0.00 6411 Wheels:16 Steel w Full Sihrr Coven $0.00 4B Dark.Pala"moo Cnay,_Vinyl Front Bucket Seat; $0.00 68J Extended Length Rmmttug Boards $0.00 X.-IL 4.10 Limited-Slip Axle Ratio $0.00 85C I16mmnated Suri.Vizors $0.00 I Oxford Whrte $0.00 92E Ponca Glass $0.00 96D Load Area Protection Park ape $0.00 Total of B.Published Optical 5 C. Unpublished Options[Itemize each below,not to exceed Unpublished Options Bid Price Unpublished Options Bid Price Total of C.tnpubli_hed Option:: D. Registration.Inspection.Paperwork.Postage cost,Courthouse dine,&Runner tune; E. i?pfitter/QuoteNurmber: F. Delivery ETA: STOCK-RK1 31D07➢ G. Floor Plan Interest(for in-stack anchor equipped vehicles): H. Lot Insurance(for in-stock andtor equipped vehicles): I. Contract Price.Adjustment: J. Additional Delivery Charge 270 oodles S. 8I0.0O K. Subtotal 5 58,100.00 L. Quantity Ordered 1 = 5 58,100.00 hi. Trade in: Coop Fee per purchase order 5 400.00 Total purchase price with coop fee(Prices and availability are subject to change S 8.510'50 O. without notice) DISCLAIMER PRICES AND AVAILABILITY CAN CHANGE AT ANY TIME WITHOUT FURTHER NOTCE DUE TO SUPPLY CHAIN CHALLENGES.REVERIFY PRICING BEFORE ISSUING A PURCHASE ORDER.FINAL PRICE IS NOT CONFIRMED UNTIL VEHICLE ORDER IS ACCEPTED BY THE MANUFACTURER.ACKNOWLEGDE BY EMAIL RECEIPT THAT THE PURCHASE ORDER WAS RECEIVED BY USA AUTOMOTIVE PARTNERS,LLC,[CALDWELL COUNTRY CHEVROLET,ROCICDALE COUNTRY FORD dba CALDWELL COUNTRY FORD,CAMERON COUNTRY Wilt) PAGE 2 OF 4 PAGES AGENDA ITEM NO. 9.H Resolution No. Resolution authorizing the purchase of a Ford Transit Cargo Van for the Wichita Falls Public Library through the BuyBoard Purchasing Cooperative from Caldwell Country Ford, LLC dba Rockdale Country Ford in the amount of$58,500.00 WHEREAS, Texas Local Government Local Government Code §252.022 exempts items purchased through interlocal cooperative purchasing contracts from the State's competitive bidding requirements; and, WHEREAS, the City Council of the City of Wichita Falls has passed a resolution approving the participation in such cooperative agreements; and, WHEREAS, the City Council finds that Caldwell Country Ford, LLC is offering a 2024 Ford Transit Cargo Van through the BuyBoard Purchasing Cooperative, and it is in the best interest to purchase equipment in accordance with the Cooperative Purchasing Programs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: City staff is authorized to execute all documents necessary to purchase a 2024 Ford Transit Cargo Van from Caldwell Country Ford, LLC in the amount of $58,500.00. PASSED AND APPROVED this the 4th day of June, 2024. MAYOR ATTEST: City Clerk PAGE 3 OF 4 PAGES AGENDA ITEM NO. 9.H it Maim „ CI. t hP.M1W' '- ,r �_• . • • ,0 " � ti F — A R i, B 71, ...,m 1 yy. a Sr o • ' • • is 9 n AP ' L R R r 1 RC�IRl��Y. kGR u p t L a _ _ 140 NM PAGE 4 OF 4 PAGES AGENDA ITEM NO. 9.H CITY COUNCIL AGENDA June 4, 2024 ITEM/SUBJECT: Resolution of the City Council of the City of Wichita Falls, Texas, appointing/reappointing directors to the Wichita County/City of Wichita Falls, Texas, Hospital Board; and designating term of office. INITIATING DEPT: City Clerk STRATEGIC GOAL: Actively Engage and Inform the Public STRATEGIC OBJECTIVE: Practice Effective Governance COMMENTARY: Darron Leiker has served on the Wichita County-City of Wichita Falls Hospital Board since 2010 and Holly Lane has served since 2014. Both are eligible for and desire re-appointment. Additional current applicant is: Sidney Gills **Appointments to this board may be discussed in executive session. ® City Clerk ASSOCIATED INFORMATION: Letter from United Regional, Current Board Roster, and Resolution. ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 1 OF 4 PAGES AGENDA ITEM NO. 9.1 unitedregianai May 1,2024 The Honorable Tim Short Mayor,City of Wichita Falls P.O. Box 1431 Wichita Falls,TX 76307 Dear Mayor Short: I am writing to remind you that the current two-year terms of the following City of Wichita Falls appointees to the Wichita County—City of Wichita Falls,Texas Hospital Board expire on July 1, 2024: Holly Allsup Lane Darron Leiker Ms. Lane is concluding her fifth term and may be reappointed; Mr.Leiker is completing his seventh term and, likewise, may be reappointed. Alternatively, new appointments may be made for either or both positions. Should you have any questions or comments,please contact me. Otherwise, I look forward to hearing from you regarding this appointment. Sincerely, (:21A if 2 Phyllis Cowling President and Chief Executive Officer cc: Holly Allsup Lane `5arron Leiker Tim Cornelius, Chairman of the Wichita County—City of Wichita Falls,Texas Hospital Board 1600 Eievenlh St reel: Wicflii:a falls,Texas 76301 N0.764.7000 • 11;1,1 xii.,c1,011,1,,,4,A PAGE 2 OF 4 PAGES AGENDA ITEM NO. 9.1 WC CWF HOSPITAL BOARD PLACE NAME APPOINTED EXPIRATION QUALIFICATIONS DISTRICT 1 Troy Farris 07/07/2015 07/31/2025 CWF 2 07/05/2017 06/18/2019 06/15/2021 06/20/2023 2 Darron Leiker 06/21/2018 07/01/2024 CWF 4 06/16/2020 06/21/2022 3 Holly Allsup Lane 1 06/19/2018 07/01/2024 CWF 06/16/2020 06/21/2022 4 Jeff Watts 06/15/2020 07/01/2024 Wichita County 5 Rita Vokes 07/01/2017 07/01/2025 Wichita County 06/17/2019 05/10/2021 06/05/2023 6 Jim Johnson 06/05/203 07/01/2025 Wichita County 7 Tim Cornelius 06/18/2018 07/01/2024 Wichita County 06/15/2020 Current applicants: Sydney Gills PAGE 3 OF 4 PAGES AGENDA ITEM NO. 9.1 Resolution No. Resolution of the City Council of the City of Wichita Falls, Texas, appointing/reappointing directors to the Wichita County/City of Wichita Falls, Texas, Hospital Board; and designating term of office NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Darron Leiker is hereby reappointed for a two-year term to Place 2, and Holly Lane is hereby reappointed for a two-year term to Place 3 on the Wichita County/City of Wichita Falls Hospital Board, with terms expiring July 1, 2026. PASSED AND APPROVED this the 4th day of June 2024. MAYOR ATTEST: City Clerk PAGE 4 OF 4 PAGES AGENDA ITEM NO. 9.1